BCC Minutes 02/25/2020 RFebruary 25, 2020
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 25, 2020
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: Burt L. Saunders
Andy Solis
William L. McDaniel, Jr.
Donna Fiala
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Derek Johnssen, Finance Director, Clerk's Office
Troy Miller, Communications & Customer Relations
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February 25, 2020
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
February 25, 2020
9:00 AM
Commissioner Burt Saunders, District 3 – Chair
Commissioner Andy Solis, District 2 – Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Penny Taylor, District 4
Commissioner William L. McDaniel, Jr., District 5; CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(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.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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February 25, 2020
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. Invocation by Pastor J.R. Pagan from East Naples Baptist Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. January 28, 2020 BCC Meeting Minutes
C. February 11, 2020 BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
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February 25, 2020
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating February 24 - 28, 2020 as the 38th Anniversary of
Know Your County Government Week in Collier County. To be accepted by
Joyce Fletcher, Mikie Stroh, Tish Roland, and youth and their teachers
representing area high schools.
5. PRESENTATIONS
A. Recommendation to recognize Chris Johnson, Manager-Financial and
Operational Support, Growth Management Department as the 2019
Supervisor of the Year. (All Districts)
B. Presentation of the Leadership Collier Foundation James V. Mudd
Fellowship Award. To be presented by Len Golden Price, Leadership Collier
Class of 2007.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, which established the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Rural Agricultural
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zoning district to a Mixed Use Planned Unit Development (MPUD) zoning
district for the project to be known as KASE MPUD, to allow for
construction of a maximum of 76 residential dwelling units or 212 group
housing units for seniors, on property located on the east side of Livingston
Road, approximately one quarter mile south of Immokalee Road in Section
30, Township 48 South, Range 26 East, consisting of 7.58± acres; and by
providing an effective date. [PL20180002453] (District 2)
B. Recommendation to adopt an ordinance amending Ordinance No. 2013-33,
as amended, the Collier County Animal Control Ordinance, codified in
Chapter 14, Article II of the Code of Laws and Ordinances, in order to
regulate pet shops and breeders and Ordinance No. 2013-55, as codified in
Chapter 14, Article IV of the Code of Laws and Ordinances, relating to the
standards of care for animal-related businesses, animal-related organizations,
commercial breeders, non-commercial breeders, and rodeos. (All Districts)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to appoint two Commissioners as regular members, and
three Commissioners as alternate members, for a one-year period on the
Value Adjustment Board. (All Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation to adopt the FY2021 Budget Policy. (Mark Isackson,
Corporate Financial and Management Services Division Director) (All
Districts)
B. Recommendation to approve Grant Agreement #H0419 with the Florida
Division of Emergency Management (FDEM) for “Collier County Fifty-
three (53) Pump Station Generators,” under Project #33667, authorize the
Chairman to sign the attached agreement and authorize the necessary budget
amendments. (Michael Stevens, P.E., Public Utilities Principal Project
Manager) (All Districts)
C. Recommendation to approve Agreement Number 19-7494, in the amount of
$1,058,378, with Jacobs Engineering Group, Inc., for “Professional Design
and Related Services for Vanderbilt Beach Road widening from East of US-
41 to East of Goodlette Frank Road (Project No. 60199),” and authorize the
Chairman to sign the attached agreement. (Jay Ahmad, Transportation
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Engineering Division Director) (District 5)
D. Recommendation to award Invitation to Bid (“ITB”) No. 20 -7684,
Thomasson Drive Beautification project to Wright Construction Group, Inc.,
for the base bid in the amount of $6,022,618.68, and authorize the Chairman
to sign the attached agreement and authorize necessary budget amendments.
(Deb Forester, CRA Division Director) (District 4)
E. Recommendation to award Invitation to Bid No. 20-7699 to One Source
Construction Company and Builders, Inc., for the “Clam Pass Park
Restroom Expansion and Boardwalk Modifications,” in the amount of
$1,871,210, authorize the Chairman to sign the attached agreement and
make a finding that this Item promotes tourism. (Barry Williams, Parks and
Recreation Division Director) (District 2)
F. Recommendation to reconsider authorization of payment of the annual
assessment fee for Collier County’s membership in the Southwest Florida
Regional Planning Council (SWFRPC), in the amount of $110,204 for
FY20. (Sean Callahan, Corporate Business Operations Executive Director)
(All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future Workshop Schedule (All Districts)
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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
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be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to award Invitation to Bid No. 19-7660 “Collier
Boulevard North Landscape Maintenance – Work Area 20 B” to
Mainscape, Inc. (All Districts)
2) Recommendation to award Invitation to Bid No. 19-7661 “Santa
Barbara Landscape Maintenance – Work Area 21B” to Mainscape,
Inc., and authorize the Chairman to sign the attached Agreement. (All
Districts)
3) Recommendation to recognize carry forward funding for the Collier
Metropolitan Planning Organization (MPO) in the amount of
$14,504.90, earned from the FY 2018/19 Transportation
Disadvantaged Planning Grant, and to approve all related necessary
budget amendments. (All Districts)
4) Recommendation to approve and authorize the Chairman to execute
Change Order No. 2 to Contract No. 14C01 with the Florida
Department of Environmental Protection (FDEP) Bureau of Beaches
and Coastal Systems Beach Management Funding Assistance
Program for Collier County state approved work and make a finding
that this item promotes tourism (All Districts)
5) Recommendation to approve the release of three code enforcement
liens with a value of $41,209.20 for payment of $3,000 in the code
enforcement actions entitled Board of County Commissioners v.
Jessica Nicole Thompson and Jennifer Diane Thompson, relating to
property located at 843 94th Ave. North, Collier County, Florida.
(District 2)
6) Recommendation to approve the release of a code enforcement lien
with a value of $93,973.60 for payment of $1,000 in the code
enforcement action entitled Board of County Commissioners v. Bruce
Schmidt, relating to property located at 4735 Dorand o Dr, Collier
County, Florida. (District 4)
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7) Recommendation to partially release a code enforcement lien with a
value of $132,395.20 for payment of $500 in the code enforcement
action entitled Board of County Commissioners v. Alfredo Miralles,
Code Enforcement Special Magistrate Case No. CESD20120003627
relating to property located at 1715 Roberts Ave W., Collier County,
Florida. (District 5)
8) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Silverwood at Ave Maria
(Phase 2), (Application Number PL20190002347) approval of the
standard form Construction and Maintenance Agreement and approv al
of the amount of the performance security. (District 5)
9) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Del Webb Naples Parcels
209-212 Tract “B” Replat, Application Number PL20190002497.
(District 5)
10) Recommendation to approve final acceptance of the sewer utility
facilities for Naples Motor Condos at Hiwasse Phase 1,
PL20180003415, 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 $8,610.36 to the Project
Engineer or the Developer’s designated agent. (District 4)
11) Recommendation to approve final acceptance of the potable water and
sewer facilities for Isles of Collier Preserve Amenity Center (Phase 2),
PL20180001888, accept the conveyance of a portion of the potable
water and sewer 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 $11,079.36 to the Project
Engineer or the Developer’s designated agent. (District 4)
12) Recommendation to approve final acceptance o f the potable water and
sewer facilities for Azure at Hacienda Lakes Amenity Campus,
PL20180002441, accept the conveyance of a portion of the potable
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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 $8,489.84 to the Project
Engineer or the Developer’s designated agent. (District 1)
13) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Marquesa Isles of Naples – Phase 1, PL20180002411 and to authorize
the County Manager, or his designee, to release the Final Obligation
Bond in the amount of $4,000 to the Project Engineer or the
Developer’s designated agent. (District 3)
14) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Coquina at Maple Ridge – Phase 2 and 3, Application Number
PL20150002721, and authorize the release of the maintenance
security. (District 5)
15) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $29,020 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20190000533) for work associated with Currents o f Naples –
Phase 1. (District 1)
16) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $31,420 which was posted as a
guaranty for Excavation Permit Number PL20180001529 for work
associated with 951 Villa (a.k.a. Abaco Pointe). (District 5)
17) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $139,060 which was posted as a
guaranty for Excavation Permit Number 59.902-21, PL20140001672
for work associated with Del Webb Naples Parcels 201-203. (District
5)
18) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $48,940 which was posted as a
guaranty for Excavation Permit Number PL20180003031 for work
associated with Maple Ridge at Ave Maria Phase 6B. (District 5)
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19) Recommendation to authorize a budget amendment to recognize carry
forward for projects within the Transportation Supported Gas Tax
Fund (313) and Transportation & CDES Capital Fund (310) in the
amount of $69,906.12 (Projects #60088, #60085, #69333, and
#69336). (All Districts)
20) Recommendation to authorize a budget amendment to recognize
revenue and transfer funding for projects within the Transportation
Supported Gas Tax Fund (313) and Transportation & CDES Capital
Fund (310) in the amount of $167,526.88 (Projects #60085, #60088,
#69331, #69333, #69336, #69339, and #69338). (All Districts)
21) Recommendation to authorize expenditures through an exemption
from the competitive process for Florida International University for
sampling, analysis and assessment of sediment and water quality for
Fiscal Year 2020. (All Districts)
22) Recommendation to approve the road closure that is necessary for the
Annual Cattle Drive event to be held on March 14, 2020 and to
provide a certified copy of minutes of a duly scheduled Board of
County Commissioners meeting to approve the Annual Cattle Drive
and its route, hosted by the Collier County Museum. (All Districts)
23) Recommendation to approve an After-The-Fact U.S. Department of
Housing and Urban Development Community Development Block
Grant application submittal to fund the Peters Avenue Sidewalk
Project. (District 4)
24) Recommendation to accept the Sub-Award and Grant Agreement with
the Florida Division of Emergency Management (FDEM) for funding
in the amount of $44,152.50 under the Federal Emergency
Management Agency (FEMA) Hazard Mitigation Grant Program for
the design of the Goodlette-Frank Road Drainage Ditch Improvements
and authorize necessary budget amendment (Net Fiscal Impact
$58,870). (All Districts)
25) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 19-7570, “ Collier
County Traffic Signal Timing & Coordination Project,” and authorize
staff to begin contract negotiations with the top-ranked firm, Faller
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Davis and Associates, Inc., for subsequent contract approval by the
Board. (District 2, District 3, District 4)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners (BCC) acting as the Community Redevelopment
Agency (CRA) approve an After-the-Fact electronic grant application
submittal in the amount of $300,000 to the Collier County
Community and Human Services FY 2020/2021 Housing and Urban
Development (HUD) Community Development Block Grant (CDBG)
for the Immokalee Sidewalk Improvement Project within the
Immokalee Community Redevelopment Area. (District 5)
2) Recommendation that the Collier County Board of County
Commissioners (BCC) acting as the Community Redevelopment
Agency Board (CRAB) approve an After-the-Fact electronic grant
application submittal in the amount of $300,000 to the Collier County
Community and Human Services FY 2020/2021 Housing and Urban
Development (HUD) Community Development Block Grant (CDBG)
for the Phase 4 Fire Suppression Project in the Bayshore Gateway
Triangle Community Redevelopment Area. (District 4)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve the Easement Agreement with White
Lake Commons Associations, Inc., a Florida not-for-profit
corporation, at a cost not to exceed $3,125 for the acquisition of a
County Utility Easement and Temporary Construction Easement for
the installation of proposed water mains to facilitate the I-75/ Collier
Boulevard Utility Relocation Project, Project Number 70229. (All
Districts)
2) Recommendation to approve the document necessary to convey an
easement to Florida Power & Light Company over property owned by
the Collier County at the proposed Big Corkscrew Island Regional
Park site. (District 5)
3) Recommendation to award an agreement for Invitation to Bid (“ITB”)
#19-7670, Mobile On-Site and On-Call Shredding Services, to Shred
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Quick, Inc., for on-site and on-call shredding services at all Solid &
Hazardous Waste Management Division facilities and remote county
events. (All Districts)
4) Recommendation to authorize a budget amendment in the amount of
$20,000 to Vanderbilt Drive Project, Project Number 70087. (District
2)
5) Recommendation to authorize a budget amendment for the Facilities
Management Division in the amount of $300,000 t o fund the removal
and replacement of two roof mounted Outside Air Units (OAU) and
the installation of a new Direct Digital Control (DDC) system at the
Vineyards Community Center. This is an Infrastructure Sales Surtax
Project under the HVAC, Roofing, and Capital Equipment
Replacement at Sheriff’s and County Facilities category. (Project
#50190) (District 3)
6) Recommendation to approve the termination and release of temporary
construction easements acquired to facilitate the construction of water
facilities in the case entitled Collier County, Florida v. San Marino
Joint Venture. (District 1)
7) Recommendation to approve the termination and release of a
temporary construction easement acquired to facilitate the
construction of water facilities in the case entitled Collier County,
Florida v. A.L. Petroleum, Inc. (District 1)
8) Recommendation to approve a Work Order to Kyle Construction Inc.
in the amount of $308,749.13, under Bid No. 1911 -016--01-01-
Request for Quote (“RFQ”) No. 14-6213, “Lakewood Blvd. Force
Main and PS 305.17 Improvements,” and authorize the necessary
budget amendment (Project Number 70254). (District 1)
9) Recommendation to approve a Resolution authorizing the Chairman
to execute Deed Certificates for the sale of burial plots at Lake
Trafford Memorial Gardens Cemetery during the 2020 calendar year,
on behalf of the County Manager. (District 5)
10) Recommendation to ratify the approval of a Florida Power and Light
(FPL) easement at the Collier County Sports and Special Events
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Complex (the Complex) and authorize the County Manager or his
designee to sign future FPL easements and agreements associated with
the Complex. (District 5, All Districts)
11) Recommendation to approve the permanent discontinuation of
operations and authorize the County to vacate the water treatment
plant portion at the former Orange Tree Utility Company's treatment
plant property, which is no longer required by the County. (District 5)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve Services for Seniors, “After-the-Fact”,
Standard Contract and Attestation Statement with Area Agency on
Aging for Southwest Florida, Inc., and to authorize the associated
Budget Amendments. (All Districts)
2) Recommendation to approve and authorize the Chairman to sign the
Florida Department of Emergency Management Hazard Mitigation
Grant award #H0371 in the amount of $435,000 for two generators at
the Immokalee Sports Complex, with a 25% match obligation
requirement and associated Budget Amendments. This is a Collier
County Surtax Project. (All Districts)
3) Recommendation to approve Amendment No. 3 to the 2017
Agreement with the City of Naples grant application for the 8th
Avenue South ADA (Americans with Disabilities Act) related
improvements; extend it to August 29, 2020 and make a finding that
this item promotes tourism (District 1)
4) Recommendation to approve and authorize the Chairman to sign the
Florida Department of Emergency Management Hazard Mitigation
Grant award #H0390 for the North Collier Regional Park generators,
in the amount of $1,275,000 with a 25% ($425,000) match obligation
requirement and associated Budget Amendments for a total of
$1,700,000. This is a Collier County Surtax Project. (All Districts)
5) Recommendation to approve and authorize the Chairman to sign the
First Amendment to the State Housing Initiative Partnership sponsor
agreement with Residential Options of Florida, Inc. to clarify
acquisition and related development costs. (All Districts)
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6) Recommendation to approve two (2) mortgage satisfactions for the
State Housing Initiatives Partnership (SHIP) loan program in the
amount of $41,500 and approve an associated Budget Amendment.
(Net Fiscal Impact of $41,500). (All Districts)
7) Recommendation to approve and authorize the Chairman to sign an
Agreement with Audubon Florida and Audubon of the Western
Everglades, two not-for-profit organizations to provide collaborative
coastal habitat and wildlife conservation and public outreach at Clam
Pass Park. (District 4)
8) Recommendation to accept and appropriate a donation of $50,000 to
benefit the children’s collection development and children’s programs
of the Marco Island Branch Library, and approve the necessary
Budget Amendment. (District 1)
9) Recommendation to approve the after-the-fact Bureau of Justice
Assistance Building Bridges Between Jails and Community-Based
Treatment for Opioid Use Disorders grant application (Net Fiscal
Impact $93,750) (All Districts)
10) Recommendation to approve the issuance of a Purchase Order under
Agreement No. 19-7525, “Annual Agreement for General
Contractors,” to authorize construction of two (2) signs and fences at
the corner of Vanderbilt Drive and Bluebill Avenue at a total cost of
$287,050 and authorize any necessary budget amendments. (District
2)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve the sale and disposal of surplus assets
per Resolution 2013-095 via public auction on April 3 & 4, 2020;
approve the addition of surplus items received subsequent to the
approval of this Agenda Item for sale in the auction; and authorize the
Procurement Director, as designee for County Manager, to sign for the
transfer of vehicle titles. (All Districts)
2) Recommendation to authorize Budget Amendments to continue
funding paramedic staffing at Fire Station 63 on Alligator Alley in the
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February 25, 2020
amount of $45,000, which represents a ten percent local match
required by the amended provisions governing funding and operations
of the station pursuant to Chapter 2019-153, Florida Statutes. (All
Districts)
3) Recommendation to approve Agreement No. 20-7721-WV for legal
and non-legal advertisements as exempted procurements and
authorize the Chairman to sign the agreement with Desk Spinco, LLC,
d/b/a Naples Daily News. (All Districts)
4) 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 first quarter of FY20. (All Districts)
5) Recommendation to recognize accrued interest from the period
October 1, 2019 through December 31, 2019 earned by EMS County
Grant and appropriate funds for a total amount of $924.51. (All
Districts)
6) Recommendation to approve a Certificate of Public Convenience and
Necessity for non-emergency BLS inter-facility ambulance transports
to Care Med Transportation, LLC for the purpose of providing post-
hospital and inter-facility medical ambulance transfer services. (All
Districts)
7) Recommendation to award Request for Professional Services (“RPS”)
No. 18-7432-CE, “Professional Services Library Civil Engineering
Category,” to RWA, Inc., Wood Environment & Infrastructure
Solutions, Inc., Johnson Engineering, Inc., Stantec Consulting
Services, Inc., Hole Montes, Inc., AIM Engineering & Surveying,
Inc., CPH, Inc., Capital Consulting Solutions, LLC, Atkins North
America, Inc., Tetra Tech, Inc., Q. Grady Minor and Associates, P.A.,
Rummel, Klepper & Kahl, LLP, Jacobs Engineering Group, Inc.,
Cardno, Inc., DRMP, Inc., Hanson Professional Services, Inc., Agnoli,
Barber & Brundage, Inc., GHD Services, Inc., Water Resources
Management Associates, Inc., Kimley-Horn and Associates, Inc.,
Kisinger Campo & Associates, Corp., David Plummer & Associates,
Inc., Trebilcock Consulting Solutions, P.A., Davidson Engineering,
Inc., Consor Engineers, LLC, successor by merger to TKW
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Consulting Engineers, Inc., Robau and Associates, L.L.C., Black &
Veatch Corporation, Lago Consulting & Services, LLC, JR Evans
Engineering, P.A., Water Science Associates, Inc., Total Municipal
Solutions, Inc., WSP USA, Inc., Blot Engineering, Inc., Forge
Engineering, Inc., Marco Surveying & Mapping, LLC, and RDA
Consulting Engineers, LLC, and authorize the Chairman to sign the
attached agreements. (All Districts)
8) Recommendation to approve Agreement No. 20-018-NS with
Granicus, LLC d/b/a Granicus, as a single source provider, for
Website Redesign Services of the colliercountyfl.gov website in an
amount not to exceed $70,000. (All Districts)
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)
10) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2019-20 Adopted Budget. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to approve Change Order #2 to Agreement No. 18-
7240, “Marco Executive Airport New Terminal & Associated
Improvements,” with West Construction, Inc., for a net decrease of
$1,896.68. (District 1)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
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February 25, 2020
1) Recommendation to approve the Sheriff’s Office FY2020 COPS
Hiring Program grant. (All Districts)
2) Recommendation to approve submittal of an agreement, after-the-fact,
authorizing the Collier County Supervisor of Elections to accept
Federal Election Cybersecurity Initiative funds with a 15% matching
contribution and to authorize the Board of Collier County
Commissioner’s Chair to sign the Certificate of County Matching
Funds. (All Districts)
3) 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 January 30, 2020 and February 12, 2020 pursuant to
Florida Statute 136.06. (All Districts)
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of February
19, 2020. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to reappoint three members to the Bayshore
Beautification MSTU Advisory Committee. (District 4)
2) Recommendation to reappoint six members to the County
Government Productivity Committee. (All Districts)
3) Recommendation to reappoint two members to the Radio Road
Beautification Advisory Committee (District 4)
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
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
Page 17
February 25, 2020
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
------------------------------------------------------------------------------------------------------------
A. Recommendation to approve a Growth Management Plan Amendment for
transmittal to the Florida Department of Economic Opportunity for review
and Comments response for an amendment to extend the Transfer of
Development Rights Early Entry bonus. (Transmittal Hearing)
PL20190002635/CPSP-2019-4 (District 4, District 5)
B. Recommendation to adopt an amendment to Ordinance No. 2013-25, as
amended, the Collier County Hearing Examiner Ordinance, that would
revise the Hearing Examiner’s powers and duties and establish directives
regarding the Hearing Examiner’s conduct. (All Districts)
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2019-20 Adopted Budget. (All Districts)
18. ADJOURN
19. INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA
SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-
8383.
February 25, 2020
Page 2
MR. OCHS: Ladies and gentlemen, please come to order.
CHAIRMAN SAUNDERS: The meeting of the County
Commission will please come to order.
Mr. Ochs.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
MR. OCHS: Yes, sir. Mr. Chairman, we begin with our
invocation this morning by the pastor, J.R. Pagan, from the East
Naples Baptist Church.
Reverend?
REVEREND PAGAN: Good morning.
MR. OCHS: Everyone please rise.
REVEREND PAGAN: Let us pray.
Dear Lord, we come into your presence to ask you for your
presence to be in this place of government. We pray for the
brotherhood, peace, wisdom, courage, and guidance. We pray for the
commissioners, for them to have a clear mind in the decisions they
have to take in reference to policies. We pray for the new items in
the agenda and the ones they are working on for a while to work in
favor of our community.
And last, we pray that we in this county can be an example in
how great decisions are taken. Bless our country and our government
in the name of our Lord Jesus Christ. Amen.
CHAIRMAN SAUNDERS: Commissioner Fiala, would you
lead us in the Pledge.
COMMISSIONER FIALA: Oh, I'd love to. Please place your
hands over your hearts and say with me...
(The Pledge of Allegiance was recited in unison.)
February 25, 2020
Page 3
Item #2A
TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY
COMMISSION MEMBERS FOR CONSENT AGENDA. –
COMMISSIONER TAYLOR VOTED “NO” ON ITEM #17B –
APPROVED AND/OR ADOPTED W/CHANGES
CHAIRMAN SAUNDERS: We're on Item 2A, which is the
approval of today's regular, consent, and summary agenda.
MR. OCHS: Mr. Chairman, I do have a couple of proposed
changes to the agenda this morning, if I might go over those before
the Board --
CHAIRMAN SAUNDERS: Yes, sir.
MR. OCHS: -- settles on the agenda. Thank you.
We have two add-on items for today's agenda proposed,
Commissioners. The first add-on item would be 11G. This is a staff
request to add an item for the Board to consider approval of an
agreement for the county to serve as a cornerstone partner for the
Naples Next Idea Festival. It's a large professional conference that is
in town next week on March 2nd and 3rd.
CHAIRMAN SAUNDERS: Mr. Ochs, on that particular item I
understand that's a tourist development tax issue.
MR. OCHS: Yes, sir; yes, sir. So we'd like an opportunity just
to present that very briefly.
CHAIRMAN SAUNDERS: All right.
MR. OCHS: And then the second add-on item is added at
Commissioner McDaniel's request. This is a proclamation that would
be added to your summary agenda that the commissioner would
present at a later date, actually on March 4th, having to do with
February 25, 2020
Page 4
recognizing March 2nd through the 6th, 2020, as National Beta Club
Week in Collier County.
And then we have one reminder for the Commissioners. This
afternoon at lunchtime, you're all invited to attend the Know Your
County Government luncheon sponsored by Collier County schools,
the 4H Extension, and the League of Women Voters. That's noon at
your museum here on campus. And we have some transportation
downstairs ready to take the Board members over there for a brief
lunch.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER McDANIEL: What about pedestrian traffic?
MR. OCHS: You can walk, too, if you'd like, sir.
COMMISSIONER TAYLOR: So what kind of transportation
do we have?
MR. OCHS: We have exclusive golf carts available for you.
COMMISSIONER McDANIEL: The ones that say facilities on
them.
MR. OCHS: That's the one; yes, sir.
CHAIRMAN SAUNDERS: Back to the agenda.
MR. OCHS: Yes.
CHAIRMAN SAUNDERS: All right. Mr. Ochs, any other
changes?
MR. OCHS: No, sir. That's all I have.
CHAIRMAN SAUNDERS: All right. Mr. McDaniel, do you
have any changes to the agenda?
COMMISSIONER McDANIEL: No, sir.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER McDANIEL: Nor any ex parte on the
consent.
CHAIRMAN SAUNDERS: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: Yes, I am going to vote no on
February 25, 2020
Page 5
7B [sic]. Just like it -- no changes to --
CHAIRMAN SAUNDERS: I'm sorry. What item was that?
COMMISSIONER TAYLOR: That would be the summary
agenda for the Collier County Hearing Examiner ordinance.
MR. OCHS: 17B, Mr. Chairman.
COMMISSIONER TAYLOR: 17. I did say 7, excuse me.
CHAIRMAN SAUNDERS: That's why I wanted to clarify that.
COMMISSIONER TAYLOR: Yeah. So I will be voting no on
that, consistent with my vote in the meeting. But other than that, I
have no changes or additions to the agenda.
CHAIRMAN SAUNDERS: So we'll show -- the minutes will
reflect a negative vote on that item for you.
Commissioner Fiala.
COMMISSIONER FIALA: Yes. I have no changes, no
corrections, and nothing to declare.
CHAIRMAN SAUNDERS: Okay. Commissioner Solis.
COMMISSIONER SOLIS: No changes and no disclosures
either.
CHAIRMAN SAUNDERS: And I have no changes and no
disclosures as well. So we need a motion to approve today's regular,
consent, and summary agenda.
COMMISSIONER SOLIS: So moved.
COMMISSIONER FIALA: Second.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and second. All
in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
February 25, 2020
Page 6
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: It passes unanimously.
Proposed Agenda Changes
Board of County Commissioners Meeting
February 25, 2020
Add-On Item 11G: Recommendation that the Board approve an Agreement with Intersport, Inc.,
to become a cornerstone partner of the NaplesNEXT Ideas Festival, in the amount of $25,000, make
a finding that this expenditure promotes tourism and authorize the Chairman to execute the
agreement subsequent to County Attorney review. (Staff’s request)
Add-On Item 16H1: Proclamation designating March 2 – 6, 2020 as National Beta Club Week in
Collier County. Commissioner McDaniel will present the proclamation on March 4th to the
President of the Immokalee High School Beta Club recognizing the club’s positive impact on our
community and citizens for the past 64 years. (Commissioner McDaniel’s request)
3/13/2020 9:41 AM
February 25, 2020
Page 7
Item #2B
BCC REGULAR MEETING MINUTES FROM JANUARY 28,
2020 – APPROVED AS PRESENTED
Item 2B, the January 28, 2020, BCC meeting minutes. Are there
any changes, comments in reference to that?
(No response.)
CHAIRMAN SAUNDERS: If not, we need a motion to
approve those minutes.
COMMISSIONER TAYLOR: So move.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and second. All
in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Item #2C
BCC REGULAR MEETING MINUTES FROM FEBRUARY 11,
2020 – APPROVED AS PRESENTED
Item 2C, the minutes from the February 11th, 2020, BCC
meeting. Any comments?
(No response.)
February 25, 2020
Page 8
CHAIRMAN SAUNDERS: Then we need a motion to approve.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and second. All
in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That is approved unanimously.
MR. OCHS: Commissioners, that moves us to today's
proclamations.
Item #4A
PROCLAMATION DESIGNATING FEBRUARY 24 - 28, 2020 AS
THE 38TH ANNIVERSARY OF KNOW YOUR COUNTY
GOVERNMENT WEEK IN COLLIER COUNTY. ACCEPTED BY
JOYCE FLETCHER, MIKIE STROH, TISH ROLAND, AND
YOUTH AND THEIR TEACHERS REPRESENTING AREA HIGH
SCHOOLS – CONSENSUS
Item 4A is a proclamation designating February 24th through
the 28th, 2020, as the 38th anniversary of Know Your County
Government Week in Collier County. To be accepted by Joyce
Fletcher, Mikie Stroh, Tish Roland, and the youth and their teachers
representing area high schools.
Please step forward and receive your proclamation.
February 25, 2020
Page 9
(Applause.)
CHAIRMAN SAUNDERS: If we could have all of the students
come forward. We're going to take a couple pictures, so if you'd all
come forward. And we'll dispense with the shaking of hands.
There's too many of you.
MR. OCHS: We need two or three rows. The shorter folks in
the front, please.
COMMISSIONER TAYLOR: You need three rows gentlemen,
ladies.
COMMISSIONER McDANIEL: How about that. Outstanding.
CHAIRMAN SAUNDERS: Would anyone from the group like
to make -- anyone from the group going to make any comments or
anything? You have that, okay.
And if you would state your name for the record and what
school you attend.
MS. GLESPER: My name is Savannah Glesper. I attend
Palmetto Ridge High School.
Today is the last day of the 38th Annual Know Your County
Government. Thirty-six youth from six different high schools in
Collier County attended this program.
This program is made possible by three partners: Collier County
high schools, League of Women Voters, and Collier County
University of Florida 4H youth development.
COMMISSIONER TAYLOR: That's great. Go 4H.
MR. CARTER: Hello. My name is Blake Carter. I'm here
representing Naples High School today.
The first day of our program we visited the Collier County
Museums, Collier County Transit, the Tax Collector, Facilities
Management, Department of Health, Collier County Jail, the Property
Appraiser, and superior [sic] of Elections.
I think the best part of the day was when we went over to the
February 25, 2020
Page 10
Sheriff's Office we got a nice little tour, and they did a nice
demonstration of if inmates were getting -- were on a bus and sort of
tried to escape, and that was pretty interesting. They did a live
gunshot sort of flashbang concussed the prisoner, and that was very
interesting.
COMMISSIONER McDANIEL: Wow. How cool is that?
MS. CLARK: Hi. My name is Savannah Clark, and I'm
representing Gulf Coast High School.
On day two we got to visit Growth Management, Traffic, and
Planning, Collier County Schools District Office, Greater Naples Fire
District, and have pizza in the park while learning about extensions
and Parks and Recreation.
I thought the best part of the day was getting to go up into the
fire trucks and take pictures. So that was pretty awesome for me.
COMMISSIONER McDANIEL: Outstanding.
MR. HENNING: Good morning. My name is Austin Henning
from Barron Collier High School.
On day three we visited Emergency Operations and the 911 Call
Center, Domestic Animal Services, and the landfill and toxic wastes,
South Collier Water Treatment Plant, the Wastewater Plant, and
Mosquito Control. And I thought the best part of the day was going
to Mosquito Control, seeing all the planes and helicopters they have
to control our mosquito population.
MR. OCHS: Commissioners, you might recognize that name.
Austin's father was former Commissioner Tom Henning. So we're
really proud to see Austin here.
COMMISSIONER McDANIEL: How you doing, Austin?
MR. OCHS: We remember him when he was about this big
(indicating).
COMMISSIONER TAYLOR: Oh, gosh.
COMMISSIONER McDANIEL: In Scouts.
February 25, 2020
Page 11
COMMISSIONER FIALA: Well, you've grown a lot.
CHAIRMAN SAUNDERS: Yeah. If you feed them and water
them, they will grow.
MR. HENNING: I look a little different.
MS. THERMADORE: Hello. My name is Darlene
Thermadore, and I'm here representing Golden Gate High School.
We are studying the day in the commissioners' meeting, getting
to meet the city manager and city attorney, plus all the
commissioners, go to the Clerk of Courts and courtrooms, then lunch
with the commissioners and all that took part in this four-day learning
experience.
The best part of this day is yet to come. And I just wanted to
say thank you for this experience because not many people were
selected to be part of this, and I'm blessed and grateful to be part of
this.
MS. CHAMPEAU: Hi. My name is McKinley Champeau. I'm
representing Lely High School.
We would like to thank Collier County Schools, League of
Women Voters, and Collier County 4H for providing this experience
for us. It's been amazing to learn about all the different departments
of Collier County. We didn't get to see everything, but we saw a lot.
We would like to give a big thanks to all the Collier County
employees that work so hard so that those of us that live in this
amazing county can live such a good life.
So thank you all for giving us this opportunity and allowing us
to be here.
CHAIRMAN SAUNDERS: Thank you and welcome.
(Applause.)
CHAIRMAN SAUNDERS: Let me again welcome you to our
commission meeting. I know you're going to have to be leaving
fairly shortly to visit with the Clerk of Courts later this morning, but
February 25, 2020
Page 12
we will see you at lunchtime.
And as you probably all know, there is an election coming up
this year. And I think all of you are either old enough or very close
to being old enough to be voting. So if you are 18 or over, I hope
that you're registered to vote and will participate. This is going to be
a very interesting election cycle and a very important election,
so -- and it's only your future at stake, so you might want to
participate.
COMMISSIONER SOLIS: No pressure.
CHAIRMAN SAUNDERS: All right. Mr. Manager?
MR. OCHS: Yes, sir. Mr. Chairman, we move on to this
morning's presentations.
Item #5A
RECOMMENDATION TO RECOGNIZE CHRIS JOHNSON,
MANAGER-FINANCIAL AND OPERATIONAL SUPPORT,
GROWTH MANAGEMENT DEPARTMENT AS THE 2019
SUPERVISOR OF THE YEAR – PRESENTED
Item 5A is a recommendation to recognize Chris Johnson,
manager of financial and operational support services in our Growth
Management Department, as the 2019 Supervisor of the Year. So,
Chris, if you'd step forward.
(Applause.)
MR. OCHS: Chris, stand right there. Let me have the audience
learn a little bit about you. I know you love this, so...
As part of the county's formal recognition program, each year
the Human Resources Division solicits nominations from our staff to
highlight the accomplishments of a supervisor who exemplifies the
characteristics of great leadership. This year 38 nominees were
February 25, 2020
Page 13
considered, and Chris Johnson from our Growth Management
Department has been selected as our Supervisor of the Year for 2019.
Chris' willingness to support his team, his keen awareness of their
individual strengths and weaknesses, his ability to bring out the best
in his people have helped him create a dynamic team to meet the
needs of the large and growing internal customer base.
He is goal-oriented and guides his team with meaning and
purpose. His ability to manage resources, including people, time, and
money, are his greatest talents. He is patient and understanding with
his staff and gives them clear direction and focus. He's a passionate
business manager, an excellent steward of coun ty funds, and so
deserving of this supervisor of the award [sic] recognition for 2019.
So, Commissioners, it's my great honor to present Chris
Johnson, your Supervisor of the Year for 2019.
Congratulations, Chris.
(Applause.)
CHAIRMAN SAUNDERS: Mr. Ochs, I've said this many
times, both in front of the Commission and as well in front of private
organizations. We are blessed with a really good staff. And one of
the things that makes serving on the County Commission a true
pleasure is working with people like yourself and Mr. Casalanguida
and all of your staff.
MR. OCHS: Thank you very much.
CHAIRMAN SAUNDERS: So I wanted to congratulate you
and thank you for that.
MR. OCHS: Thank you, Commissioners. We appreciate that.
CHAIRMAN SAUNDERS: That takes us to...
Item #5B
PRESENTATION OF THE LEADERSHIP COLLIER
February 25, 2020
Page 14
FOUNDATION JAMES V. MUDD FELLOWSHIP AWARD.
PRESENTED BY LEN GOLDEN PRICE, LEADERSHIP
COLLIER CLASS OF 2007 – PRESENTED TO TIFFANY
LEHMAN
MR. OCHS: 5B. And 5B this morning is a presentation of the
Leadership Collier Foundation James V. Mudd Fellowship Award.
This will be presented this morning by Len Golden Price, your
department director for your Administrative Services and Emergency
Services Department and also a member of the Leadership Collier
class of 2007.
Len, good morning.
MS. PRICE: Good morning, Commissioners. For the record,
Len Price, Administrative Services Division/Department.
Commissioners, the James V. Mudd Fellowship Award was created
by the Leadership Collier Foundation, a program of the Greater
Naples Chamber of Commerce, to honor former County Manager Jim
Mudd and acknowledge his outstanding public service.
Each year, the fellowship acknowledges an outstanding leader
whose contributions mirror those of Jim Mudd's leadership and
stewardship by granting a full scholarship to one of the Chamber's
leadership programs.
Let me take a moment right now to recognize some of the
people who have come here today. Unfortunately, Tony Mudd, the
County Manager's wife, was taken with the flu, so she won't be here
today. We're sorry that she wasn't going to be here. But if there are
any members of Jim Mudd's Leadership Collier class, if they would
just stand and be recognized.
And I'd also like to recognize a few of the former recipients of
this award who are here today: Shannon Horn, Jim Von Rentiln, and
retired Lieutenant Colonel Paul Garrah.
February 25, 2020
Page 15
The fellowship recipient is selected each year by a confidential
committee based on how the candidates embody the leadership and
characteristics that define County Manager Mudd. That would
include integrity, being results-oriented, selfless community service,
and inspiring others to collaborate, follow, and lead, just to name a
few.
This year's very deserving recipient is Tiffany Lehman. Tiffany,
if you'd like to step forward.
(Applause.)
MS. PRICE: I want you to stand up there and be embarrassed.
Now, let me tell you why Tiffany is so deserving of this award.
Tiffany was born and raised in Naples. She's a 2009 graduate of the
GAIN Program and is currently in the Leadership Collier class of
2020. Following in the footsteps of her father, a long -time insurance
agent, Tiffany developed a passion for the insurance industry and in
2009 became president of her own full-service independent agency,
Insurance Source of Naples.
In 2017, Hurricane Irma presented Tiffany with many
opportunities to devote countless hours of selfless service to the
community. Tiffany and her family personall y assisted many local
individuals in need through acts of great kindness and support.
Tiffany's mother, Donna McNevin, founded the Youth Leadership
Program in 2005. For the past eight years, Tiffany has honored her
mother's legacy by leading and chairing the program, which
has -- she's contributed over -- hundreds, maybe thousands of hours
of support and positively influenced more than 500 Collier students.
I think it's extremely fitting that the Know Your Government Day is
also being honored today, which is the type of program that I know
you would support.
In addition to many other distinctions, Tiffany received the 2016
Volunteer of the Year Award for her service to Leadership Collier
February 25, 2020
Page 16
Foundation. She currently serves on that board and is also presi dent
of the Corral at Naples Therapeutic Riding Center. Tiffany is a
results-oriented leader who inspires those around her to lead with
integrity and collaborate in ways that make Collier County the best
community in America to live, work, and play.
Please join me in honoring my friend and youth Leadership Collier
cohort, Tiffany Lehman.
(Applause.)
MR. OCHS: I think we have another group.
COMMISSIONER McDANIEL: A whole pile of them.
MS. PRICE: We've got a whole pile of them.
(Applause.)
Item #5C
RECOGNIZED MONIQUE EVANS, MISS FLORIDA 2020
CHAIRMAN SAUNDERS: We have also a very special guest
visiting with us today in addition to all of the other special guests
they we've already talked about, and I'm going to ask Donna Fiala to
make that introduction. Commissioner Fiala.
COMMISSIONER FIALA: Thank you very much.
We have Miss Florida here. And we want to make sure that you
all get to meet her. Her name -- you can come on up front if you'd
like. Even if you don't like, come on up front.
This is Monique Evans. She is a native -- Naples, Florida,
native and is the current reigning Miss Florida USA 2020. She is the
Naples High School -- she is a Naples High School alumni and
graduate from the University of Texas at Austin with a degree in
nutritional science with a medical certificate.
Monique currently works as a central nervous system specialty
February 25, 2020
Page 17
pharmaceutical representative and is a professionally -- excuse me.
This flu is -- it isn't flu. It's sinus -- personally trained ballerina.
CHAIRMAN SAUNDERS: Really?
MS. EVANS: In Naples.
COMMISSIONER FIALA: No fair dancing now, though.
MS. EVANS: Don't challenge me. I'll do it.
COMMISSIONER FIALA: As Miss Florida USA, she has
chosen the platform "Be kind to your mind" focusing on healthy
habits and mental health for our youth. She believes there is a
mind-body connection and that daily healthy habits are key to overall
health.
In Monique's free time, she enjoys spending time with friends
and family, walking her two dogs, Bear and Cub, and enjoying the
beautiful Naples beaches, and dancing ballet.
(Applause.)
COMMISSIONER FIALA: I think she's going to go on to try
for Miss USA, isn't she?
MS. EVANS: Yes, I will.
COMMISSIONER FIALA: So now you've got a whole
audience who's going to root for you.
MS. EVANS: Perfect. Thank you, guys.
Do you want me to say something?
CHAIRMAN SAUNDERS: Yes. If you would like to tell us a
little bit about your future here in terms of the other competitions
and --
COMMISSIONER FIALA: I want to thank David -- Dr. David
Clary, who was kind enough to introduce us to Monique. And so, in
case he happens to be listening, thank you, David.
MS. EVANS: I really appreciate you-all having me, and I
appreciate David Clary for getting me involve d and getting me here
today.
February 25, 2020
Page 18
Naples has been a place that I have loved so much that even
when I went away to college I wanted to come back to the prettiest,
safest place in the world, and it's Naples, Florida. So I really felt so
honored to represent --
CHAIRMAN SAUNDERS: We're trying not to let anybody
outside of Naples know how nice it is here.
MS. EVANS: It's our little secret. Sorry about that.
But I was so honored to be able to represent Naples at Miss
Florida USA, and out of 83 girls, amazing girls from across the state,
was honored to be chosen as Miss Florida, and I'm very excited to be
able to work within Naples and within the state to reall y further my
platform "Be kind to your mind." And I'm partnering with NAMI as
well as the Blue Zone project to fulfill that. And then this summer, if
you guys keep an eye out, we'll be representing Florida and Naples at
Miss USA. So I'm very excited for that. We have never had a
Florida win USA, so I do promise to work very hard to try to make
that happen.
So thank you guys so much for having me. It really means the
world.
MR. OCHS: Congratulations.
MS. EVANS: Thank you.
(Applause.)
CHAIRMAN SAUNDERS: Thank you for being here, and
good luck, and we're going to all be watching.
MS. EVANS: Please.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
February 25, 2020
Page 19
MR. OCHS: Mr. Chairman, that moves us to Item 7 this
morning, public comments on general topics not on the current or
future agenda.
MR. MILLER: Mr. Chairman, we've no registered speakers for
this item today.
COMMISSIONER McDANIEL: Rae Ann's not here.
MR. OCHS: Sir, that moves us to Item 9. That's this morning's
advertised public hearings.
Item #9A
ORDINANCE 2020-09: AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL ZONING DISTRICT TO A MIXED USE
PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT
FOR THE PROJECT TO BE KNOWN AS KASE MPUD, TO
ALLOW FOR CONSTRUCTION OF A MAXIMUM OF 76
RESIDENTIAL DWELLING UNITS OR 212 GROUP HOUSING
UNITS FOR SENIORS, ON PROPERTY LOCATED ON THE
EAST SIDE OF LIVINGSTON ROAD, APPROXIMATELY ONE
QUARTER MILE SOUTH OF IMMOKALEE ROAD IN SECTION
30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF
7.58± ACRES; AND BY PROVIDING AN EFFECTIVE DATE –
ADOPTED – STAFF TO WORK WITH PETITIONER ON THE
VEHICULAR/PEDESTRIAN INTERCONNECT
February 25, 2020
Page 20
Item 9A is an item that requires ex parte disclosure be provided
by commission members and participants to be sworn in. It's a
recommendation to approve an ordinance amending the Collier
County Land Development Code by changing the zoning
classification for a property that is currently zoned rural agricultural
being requested to be rezoned to Mixed Use Planned Unit
Development. The project is known as the Case MPUD.
Mr. Chairman, ex parte at this point, please.
CHAIRMAN SAUNDERS: We'll start with Mr. McDaniel.
COMMISSIONER McDANIEL: I have no ex parte to declare.
COMMISSIONER TAYLOR: No ex parte to declare.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: I did receive a letter from a Jesse at
Phyllis Hoskins, and I also met with Mr. Brooker and Mr. Saluan
yesterday.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Nothing to declare.
CHAIRMAN SAUNDERS: And same here, nothing to declare.
I believe we have to swear in the witnesses. If anyone is going
to be testifying, including members of the public, please stand.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SAUNDERS: And let me explain one quick thing
for our students that are here. This is a little bit of an unusual
procedure.
When we deal with certain land-use types of matters, that are
called quasi-judicial, which means we sit as judges of a petition and
not just simply as legislators passing ordinances and other types of
resolutions.
And so as a quasi-judicial board, we have testimony from
witnesses. That testimony has to be sworn testimony. It's just the
February 25, 2020
Page 21
same as if it was a court of law. And so there are certain procedures
we have to follow in that quasi-judicial type of proceeding.
MR. BROOKER: Good morning, Mr. Chairman,
Commissioners. Good to see you guys again.
My name is Clay Brooker. I'm a land-use attorney with the law
firm of Cheffy, Passidomo in Naples; 821 Fifth Avenue South. I am
the agent for the applicant -- the rezone applicant before you today.
With me is the applicant himself, Mr. Andrew Saluan; our
engineering team from Davidson Engineering, Engineer Andrew
Rath; and Land Planner Jessica Harrelson; and our traffic engineer is
Jim Banks from JMB Transportation Engineering.
The petition before you today is what we hope to be a relatively
straightforward rezone petition in the sense that it complies with all
aspects of the Growth Management Plan, and we're seeking not one
deviation from the Land Development Code. So we are complying
with every applicable regulation adopted by the county.
The location of the property is here. To orient yourself on the
screen, this is Livingston Road north; Immokalee Road east and west.
The subject property here is 7.6 acres on the east side of Livingston
Road approximately one-fourth of a mile -- quarter of a mile south of
Immokalee Road.
The property is shown here highlighted in yellow, outlined in
yellow to show you the proximity to the I-75 interchange at
Immokalee Road.
The request before you today is to rezone the property from its
current zoning designation of agriculture to a Mixed Use Planned
Unit Development.
The development will allow 76 residential dwelling units,
single-family, multifamily, townhomes, or 212 senior group housing
units, and that is an either/or. It's going to be either pure residential
or the senior group housing. So it's not going to be a mix of the two.
February 25, 2020
Page 22
But because the two are permitted possible uses, county staff
requested that we call it a mixed-use PUD. The senior housing
element is considered a commercial use by the county.
So we are not a mixed-use development. We are requesting no
deviations from the Land Development Code. Staff has
recommended approval of the rezone, and the Collier County
Planning Commission unanimously recommended approval of the
project.
This is a map of the zoning around the property. Again, the
property is outlined in blue here, and you see we are virtually
surrounded by PUD developments, and by and large they are all
residential in nature.
Again, another slide showing -- this is a slide from your Future
Land Use Map out of the Growth Management Plan. The property is
outlined in blue. That yellow area refers to the urban residential
subdistrict. So this land has been designated urban residential, and
that would denote that it is contemplated that it would be developed
at some point in time in the future in an urban residential manner.
The I-75 interchange activity center is here in red, or at least a
portion of it is here in red. And this black band is what is known as
the residential density, and that is right out of the Growth
Management Plan that incentivizes development within a mile of the
interchange activity center, and if you are located within one mile, a
density bonus of three units per acre is available to you.
The property is also located within the northwest Transportation
Concurrency Management Area, or TCMA. And you can see the
property here is outlined in red. This was one of two TCMAs in the
county in which the GMP, the Growth Management Plan, encourages
compact urban development where an integrated and connected
network of roads is in place, and that's a quote from the Growth
Management Plan, to encourage urban infill in this location and to
February 25, 2020
Page 23
discourage urban sprawl. The TCMA qualifies the property for an
additional density bonus of three units per acre.
Here is the proposed master plan for the Planned Unit
Development, and the first thing we highlighted there is the yellow.
The surrounding neighborhoods to the north is the April Circle PUD;
multifamily residential. Again, to the north is the Eboli PUD,
multifamily residential, and then to the east, southeast, and south is
the Livingston Lakes PUD. Again, multifamily residential.
The primary access point will be off of Livingston Road, as is
encouraged by the Growth Management Plan, and there's also going
to be a potential pedestrian interconnection only in the northeast
corner of the property.
The Planning Commission saw this to be a possible vehicular
interconnection as well as pedestrian, but the Planning Commission
suggested it be changed to pedestrian only because of the
practicalities of allowing vehicular use to go through the Eboli PUD.
The required preserve is on the southeast corner of the property.
That is -- the requirement of 0.16 acres meets the Land Development
Code requirement for preserving native vegetation on site. We chose
this location because there is native vegetation in the area to the
south, which is part of the Livingston Lakes preserve, so it made
sense to make these areas contiguous.
All required perimeter landscaping is shown here. It should be
noted here that if the subject property is developed residentially, the
Land Development Code does not require a fence or a wall along the
north, east, and south boundaries; however, because there is a
potential for senior group housing being proposed here, we have
committed to a fence or a wall in these locations -- in these locations
even if the property is developed residentially. So a fence or a wall
will be going up regardless of what ends up on the property, and this
will provide for greater buffering from our neighbors.
February 25, 2020
Page 24
In yellow is the development area, and this could contain up to
the 76 residential dwelling units or 212 senior group housing units.
The Planning Commission asked us how we calculated -- got to
the 76 number for residential and for senior group housing, and this is
the slide showing that. On the left-hand table, the residential
calculation starts with the four-units-per-acre base right out of the
Growth -- the Future Land Use Element of the Growth Management
Plan, and then you add in the two density bonuses that I mentioned
earlier, the residential density band and the TCMA, and you get to 10
residential units per acre. You multiply that times a total acreage of
the site, and that lends the 76 units.
For the group housing, we calculated based upon a traditional
conversion. For every single -- every dwelling unit there's four
group-housing units. That is used from time to time, and that's how it
was calculated, and we eliminated the TCMA bonus per
communications with staff to get to the 212 units. But keep in mind,
again, as the Land Development Code requires, there's an FAR, a
floor area ratio, of 0.45 that applies, and that will apply here and, in
all likelihood, that is going to govern and result in fewer than 212
units in the event this is developed commercially as a group-housing
unit of senior group-housing units.
We understand that traffic is an issue in this location. The TIS,
Traffic Impact Statement, sorry, has been submitted, and it's been
found to have no -- the conclusion is that no negative impacts on the
surrounding road network will occur, but I will invite the expert,
Mr. Jim Banks, to briefly summarize his findings as set forth in the
TIS.
MR. BANKS: Good morning, Commissioners. For the record,
my name is Jim Banks. I'm president of JMB Transportation
Engineering; 32 years of experience in Southwest Florida as an
expert in the fields of traffic and transportation.
February 25, 2020
Page 25
My firm prepared the Traffic Impact Statement for this request.
It was prepared pursuant to the criteria set forth by Collier County
Government. Your staff reviewed the report and agreed with the
findings and conclusions of that report, which I will very briefly enter
into the record for your consideration.
The traffic study was prepared based upon the most intense
potential development scenario, which would be 76 single-family
dwelling units. And if the site is developed with 76 single -family
dwelling units, then it will generate 59 a.m. two-way peak-hour trips,
and in the p.m. peak hour, the site would generate 78 p.m. peak-hour
two-way trips, and that is the trip cap that we have submitted to staff
to apply to this particular application.
Based upon the more intense development scenario of 76
dwelling units that would generate 78 p.m. peak-hour trips, the report
further finds that the project will not significantly or negatively
impact the surrounding network and, in fact, the project will have a
de minimis impact upon Livingston Road and Immokalee Road, and
de minimis impact as defined by Collier County is a project that will
have -- generate fewer than 1 percent of the adjacent road network's
available capacity or total adopted capacity; I'm sorry. So this project
will generate less than 1 percent of the road's adopted capacity.
Furthermore, the report finds that the project will not create any
transportation deficiencies that will be -- will need to be mitigated, as
mentioned by Clay; that the project will have access directly to
Livingston Road. The project will be required to construct a right
ingress turn lane, deceleration turn lane on Livingston Road.
And that basically concludes my presentation. I'll be available for
any questions after we finish our presentation.
CHAIRMAN SAUNDERS: Thank you.
MR. BANKS: Thank you.
MR. BROOKER: So that basically, Commissioners, wraps up
February 25, 2020
Page 26
my presentation.
Again, I would emphasize the relative small size of the project,
and we would respectfully -- and the fact that we're requesting no
deviations from the Land Development Code whatsoever, so it is, in
my experience, at least a fairly straightforward rezone request, and
we respectfully request that you approve the rezone from agriculture
to MPUD.
CHAIRMAN SAUNDERS: All right. Before we go to the staff
presentation, are there any questions from the Commission of the
petitioner?
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Your traffic impact,
please, if we could.
MR. BROOKER: Yes, ma'am.
COMMISSIONER TAYLOR: So your analysis was for
seventy -- I think we said 78.
MR. BANKS: Seventy-six single-family dwelling units.
COMMISSIONER TAYLOR: And, again, how many trips per
day?
MR. BANKS: The daily trips -- let me put on my glasses to
read this fine print. Eight hundred and eight daily trips would be
generated.
COMMISSIONER TAYLOR: And that is dispersed between
Livingston going south and Immokalee Road and –
MR. BANKS: Yes, ma'am.
COMMISSIONER TAYLOR: Okay. All right. I think the
folks that live up there would probably argue with you that it's not de
minimus, anything going in there, only because of the failing road of
Immokalee, but I appreciate -- I appreciate that number. That's more
realistic.
MR. BANKS: And if you would --
February 25, 2020
Page 27
COMMISSIONER TAYLOR: Yes.
MR. BANKS: -- appreciate, Immokalee Road, based on the
2019 AUIR report, is operating at 94 percent of its capacity. So that
road is not failing per the county's criteria. So I just want to make
that clear that the road is not failing per your-all's standards.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN SAUNDERS: Any other questions?
COMMISSIONER TAYLOR: Yes. No, no. I have -- it's more
for --
CHAIRMAN SAUNDERS: All right. Let's go to the --
COMMISSIONER TAYLOR: -- staff.
CHAIRMAN SAUNDERS: -- staff presentation, if there is one.
I assume there is one.
And as staff is approaching, I'm a little curious as to the
multipliers used to get to the group housing number. So if you
could -- in your presentation, if you could explain how they got to
that number and if that number meets our codes.
MR. FINN: Yes. For the record, I'm Tim Finn, principal
planner. In our review, we did review that number, and it is in
compliance with county code.
CHAIRMAN SAUNDERS: All right. Do you have a
presentation?
MR. FINN: No, I don't, but we do recommend approval. It's in
compliance with the LDC as well as our Growth Management
Comprehensive Plan, and we do recommend approval.
CHAIRMAN SAUNDERS: Are there any questions of our
staff?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: What is the minimum square
footage for a dwelling in Collier County?
February 25, 2020
Page 28
MR. FINN: That -- I don't have that information offhand. I'll
have to -- I'll have to defer to my manager, Ray Bellows.
MR. BELLOWS: Good morning. For the record, Ray Bellows.
I'm the zoning manager for the county.
Each zoning district specifies a minimum floor area, so it can vary
with zoning districts. In a PUD, they establish their own minimums.
COMMISSIONER TAYLOR: Okay. Very good. That was a
question. Okay. And then -- okay. So that's why the -- I think it's
the Eboli is 450, and this is 750.
MR. BELLOWS: That's correct.
COMMISSIONER TAYLOR: Okay. And would you define
senior housing, how -- what -- how you would define senior housing.
Are we talking about with services? Are we talking about just
housing? What are we talking about?
MR. BELLOWS: Well, our Land Development Code has a
category called group housing, and within group housing it includes a
wide variety of types of issues from assisted living facilities to
alcohol rehab facilities, drug rehabilitation. So a senior facility is
more catered, obviously, to seniors and more -- it may not be a
residence situation. It may be like an adult daycare or rec room for
seniors.
I don't know the specifics of theirs. That's a question for them.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SAUNDERS: Any other questions for our staff?
(No response.)
CHAIRMAN SAUNDERS: I do want to go back to the
petitioner, then, in terms of this senior housing.
COMMISSIONER SOLIS: Mr. Chairman?
CHAIRMAN SAUNDERS: Oh, I'm sorry.
COMMISSIONER SOLIS: No. I just wanted to -- I just wanted
to clarify what Mr. Bellows was saying, just -- because I want to
February 25, 2020
Page 29
make sure that we didn't just raise some concerns.
Within group housing there are different categories. Some of
those categories are rehab centers and things like that. Senior
housing is another one of those classifications that's different than
rehabs --
MR. BELLOWS: Yes.
COMMISSIONER SOLIS: -- rehab centers.
MR. BELLOWS: I'm glad you asked for that clarification,
because they are not asking for those other more intense types of
group housing.
COMMISSIONER SOLIS: Right. This is specifically senior
housing.
MR. BELLOWS: Yes.
COMMISSIONER SOLIS: Okay. Thank you.
CHAIRMAN SAUNDERS: While you're still there, they're not
asking for and this petition cannot be interpreted to permit that?
MR. BELLOWS: That's correct.
CHAIRMAN SAUNDERS: And that was one of my questions.
If you would state for the record, again, the specific senior housing
use you are asking for and what that will consist of.
MR. BROOKER: So, I agree with what Mr. Bellows just stated
for the record. So what -- the senior housing would consist of things
like an assisted living center, potentially continuing care, retirement
center, nursing home, that sort of thing, not the intense group housing
that's -- your code has different categories for group housing, so we
are one small subset of what group housing is comprised primarily of
what I just described.
CHAIRMAN SAUNDERS: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: Along that line, so this -- so this
would probably be either a rental or for sale depending on if it's
senior housing; is that correct?
February 25, 2020
Page 30
MR. BROOKER: It could be, yes.
COMMISSIONER TAYLOR: Okay. Okay.
CHAIRMAN SAUNDERS: All right. Do we have any
registered speakers?
MR. MILLER: We do not, sir.
CHAIRMAN SAUNDERS: We'll close the public hearing, and
we're now open for comments from the Commission. If there are
none, we're ready for a motion.
Commissioner Solis.
COMMISSIONER SOLIS: No. I was just going to comment
that I think it's rare that we have a landowner that's coming in in
complete compliance with our Land Development Code, and not
asking for any deviations and, in fact, is adding to what's required
regardless of whether it's going to be strictly housing or a senior
group housing to provide some -- a wall or a fence.
So I think this is a great example of a landowner coming in and
doing what's required and not asking for anything extra. Thank you.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah, and I'm sorry. I do
have -- are we concerned with the fact that there isn't any
interconnectivity? I haven't reviewed the Planning Commission
meeting, but the concept of not being able to open it up and to go
through the Eboli PUD. I mean, that's the whole point is to keep
transportation hopefully from corridor to corridor within the
community instead of having to go out and go that way. Are we -- I
guess --
CHAIRMAN SAUNDERS: That's a question for our staff.
COMMISSIONER TAYLOR: Yeah. I do apologize. I missed
that.
CHAIRMAN SAUNDERS: That's fine. I'm not sure who on
our staff is here to address that.
February 25, 2020
Page 31
COMMISSIONER SOLIS: Trinity Scott.
COMMISSIONER TAYLOR: Trinity.
MS. SCOTT: For the record, Trinity Scott, Transportation
Planning Manager.
I'm just going to kind of go back to one of Mr. Brooker's slides.
We had actually asked for this interconnection. In the CPUD parcel
in red, there is an interconnection shown. We have parcels in for at
least half of the ag parcels that are shown on Immokalee Road where
we're also working to get that interconnection in to where we can
have kind of a reverse frontage road along Immokalee Road. That
was why we had asked for that interconnection.
Certainly, having a pedestrian interconnection would allow folks
who live at this facility to be able to get over to that commercial in
the CPUD without having to be on the Immokalee Road area. But we
had asked for the vehicular and pedestrian interconnection.
CHAIRMAN SAUNDERS: What was the reason that it's not
being provided?
MS. SCOTT: Well, when you have a built community, such as
the Eboli community, sometimes it's a little bit more difficult to get
those interconnections through once you have an established
community, so...
COMMISSIONER TAYLOR: Has anyone tried?
MR. BROOKER: May I?
COMMISSIONER TAYLOR: Yes.
MR. BROOKER: Thank you so much.
So we have no objection to making that a potential vehicular
interconnection as well, and that's exactly how it was initially
presented and proposed. The Planning Commission got into a
discussion of whether that's even practically feasible under these
circumstances, because you're going to have to have two agreeing
abutting landowners to kind of change circumstances after Eboli is
February 25, 2020
Page 32
already developed to our north.
Now, you should also know the Eboli PUD does call for an
interconnection, kind of loosely defined, in this general area, and
that's why we put it there. So we are perfectly fine with changing
that on the master plan back to a potential vehicular and pedestrian
interconnection if that is the will of the Commission.
COMMISSIONER TAYLOR: I would support that potential. I
agree with that. Not mandatory, but potential, understanding that
it -- there's a little bit higher hill to climb here. But, clearly, we need
to keep that spirit of what we're trying to do as a county. So I would
support that.
CHAIRMAN SAUNDERS: All right. Then if there are no
other comments -- Commissioner McDaniel, I'm sorry.
COMMISSIONER McDANIEL: Yeah. And it just -- it adds a
dynamic that I want to understand the semantics of. I can see the
viability of having an interconnection, but what -- on this particular
map, I know that the CPUD in pink has langua ge there. Does A?
MS. SCOTT: We're working on that. Those folks are actually
in -- half of A is in -- the western half of A is in right now through the
zoning process, and we are asking for that interconnection as part of
that process. My understanding, the folks on the east as well may be
coming in, if they're not already in the process. So we're working to
get that leg kind of all put together.
COMMISSIONER McDANIEL: And over in that CPUD, what
is there? What's in that?
MS. SCOTT: I believe there's a car wash and then ultimately a
Walmart.
COMMISSIONER TAYLOR: Oh, Walmart.
COMMISSIONER McDANIEL: So, I mean -- and certainly the
suggestion of if, in fact, everyone cooperates is okay.
COMMISSIONER TAYLOR: Yes.
February 25, 2020
Page 33
COMMISSIONER McDANIEL: And it would allow for access
for residents to and through to get to the commercial areas that are
over there without having to come out onto the roads. It's just -- I
don't want to -- as long as it's voluntary and everybody's shaking their
head in an affirmative manner, I'm okay with it. And there is a hole
in the doughnut with the east half of A not yet in consent.
So -- because the interconnection just going north is only going to
roll those people right straight out on the eastbound Immokalee Road
side.
So there's really not a lot of benefit there unless we can get that
interconnection all the way over to the commercial and keep them off
of Immokalee.
MS. SCOTT: This is very similar to what we did on Pine Ridge
Road between the Marquesa Plaza over to Whippoorwill. It took
several years for my predecessors, Mr. Casalanguida and Mr. Feder,
to put those connections together. But we start putting those
connections together, and we get that road. We're almost there on
that particular connection as well, so...
CHAIRMAN SAUNDERS: Why don't we, then, entertain a
motion to approve, not conditioned on the interconnection but
recognizing that it's the Commission's desire that these
interconnections be facilitated and that the petitioner will be working
with staff to help make that happen if it's possible.
COMMISSIONER SOLIS: And I would make that motion with
one question to staff.
I'm just -- I'm looking at the -- I think it's the Eboli, the RPUD
right on the corner.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SOLIS: So it looks to me like there's four
buildings in the corner of where this traffic -- this vehicular
connection would be. There's four -- there's buildings right there. Is
February 25, 2020
Page 34
that -- am I seeing that correctly?
MS. SCOTT: There are buildings there. This was -- this is an
older Planned Unit Development that has this interconnection that, as
Mr. Brooker said, is loosely shown. In some of my earlier
conversations, we were kind of discussing, is it possible to skirt the
corner just to get to the ag parcel.
So those are things that are up for consideration, but without the
arrow on their master plan, it closes the door for us. So that's why
that arrow on the master plan is very important to show that potential
future interconnection. And, if the Board desires, vehicular and
pedestrian.
COMMISSIONER SOLIS: There's no -- there's no preserve or
anything in that corner, then, where that theoretical connection would
be?
MS. SCOTT: Well, as I said, that ag piece right now is in for
review.
COMMISSIONER SOLIS: No, no, in the Eboli corner, that it
would have to --
MS. SCOTT: I don't believe so.
COMMISSIONER SOLIS: Okay.
MR. BROOKER: No.
COMMISSIONER TAYLOR: And if there is or there's
something impeding it, it doesn't go forward, but...
MS. SCOTT: Or those would be considerations that we would
take into consider -- you know, as we move forward with it.
CHAIRMAN SAUNDERS: Okay. We have a -- Andy, I think
you made that motion.
COMMISSIONER SOLIS: I'd make that motion for approval.
COMMISSIONER TAYLOR: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: Okay. We have a motion and
February 25, 2020
Page 35
second to approve this with the understanding that the petitioner will
continue to work with our staff to facilitate, if possible, the pedestrian
and vehicular interconnection.
If there's no further discussion, all in favor, signify by saying
aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: It passes unanimously. Thank you.
MR. BROOKER: Thank you, Commissioners.
Item #9B
AMENDING ORDINANCE NO. 2013-33, AS AMENDED, THE
COLLIER COUNTY ANIMAL CONTROL ORDINANCE,
CODIFIED IN CHAPTER 14, ARTICLE II OF THE CODE OF
LAWS AND ORDINANCES, IN ORDER TO REGULATE PET
SHOPS AND BREEDERS AND ORDINANCE NO. 2013-55, AS
CODIFIED IN CHAPTER 14, ARTICLE IV OF THE CODE OF
LAWS AND ORDINANCES, RELATING TO THE STANDARDS
OF CARE FOR ANIMAL-RELATED BUSINESSES, ANIMAL-
RELATED ORGANIZATIONS, COMMERCIAL BREEDERS,
NON-COMMERCIAL BREEDERS, AND RODEOS. (ALL
DISTRICTS) – MOTION TO CONTINUE AND DIRECT STAFF
TO CONDUCT A WORKSHOP AND GAIN DIRECTION ON:
ENFORCEMENT, FAIRNESS, SPAY/NEUTER REGULATIONS,
VIOLATIONS, RETURN POLICY “COOLING OFF PERIOD”,
February 25, 2020
Page 36
AND CONSUMER PROTECTION AND REVIEW
HILLSBOROUGH COUNTY’S ORDINANCE – APPROVED
MR. OCHS: Mr. Chairman, Item 9B is a recommendation to
amend the Collier County Animal Control Ordinance in order to
regulate pet shops and breeders and also to modify the standards of
care for animal-related businesses.
CHAIRMAN SAUNDERS: And before we begin the staff
presentation on the ordinance, I received a lot of emails, and we may
have people in the audience that want to speak on this issue. We're
not here today to determine whether or not we're going to permit pet
shops to open. That decision was made several months ago by the
Commission. There was quite a heated debate. I think we had 50 or
so speakers, half of which were supportive of a pet shop opening, half
of which were opposed to it.
The Commission voted to permit the opening of t hat, and I
believe that that was a fairly narrow vote. That was a 3 -2 vote to do
that.
And so we're not here now -- my understanding is that particular
shop owner has progressed to opening that facility. It may not be
opened just yet. So we're here really to determine whether or not
we're going to regulate that and, if so, how we're going to regulate
that as opposed to whether it's an issue to permit it. Is that a fair
statement from the --
COMMISSIONER McDANIEL: I would concur.
CHAIRMAN SAUNDERS: Okay. Thank you.
MS. ANDRADE: Good morning, Commissioners. For the
record, my name is Darcy Andrade, and I'm your director for
Domestic Animal Service. Thank you for having us here today.
And you're correct, back on October 8th we did look at a retail
ban not allowing any stores to sell puppies and kittens, but instead it
February 25, 2020
Page 37
was decided to add more regulatory language to our existing
ordinances.
So we worked back on October -- or December 19th we had a
public workshop, but we worked with the Humane Society Naples,
Animal Services Advisory Board, Petland was there with five
representatives, and we were all actively involved in looking at
regulatory language in addition to our existing language that we
already have. We looked at language from Palm Beach County, we
looked at adding language directly from Florida State statute, and we
also looked at some language from Petland that they proposed, and
also from Cook County, Illinois.
We discussed all those different languages, and I think we all
were pretty much in consistence at that time.
There was one thing that was recommended that was not
discussed at that time, was one of the advisory board members asked
about adding mandatory sterilization to that. Florida State Statute
823.15 requires that all animals adopted from an animal control
agency, humane society, and rescue group are sterilized prior to
adoption.
That was kind of briefly discussed. You know, our advisory
board members had some concerns and questions. Petland had some
concerns and questions. And I was asked to find if there's any
existing language out there that actually regulates and has existing
language of that, and I was going to bring that back at a future
meeting.
On December -- on January 21st we actually had our Animal
Services Advisory Board meeting where we looked at everything we
discussed from the December 19th workshop, and then I also did find
language for mandatory sterilization from the City of New York. So
that was also addressed during that time.
In addition to that, during the October 19th -- I'm sorry,
February 25, 2020
Page 38
December 19th workshop, we talked a little bit about pet leasing.
There was proposed language in there. But during the time when I
was looking for language for mandatory spay and neuter for pet sales,
I did find different language from Miami-Dade, so that was also
addressed during the January 21st meeting.
The Animal Service Advisory Board looked at all the language
that was discussed from the -- that was proposed, and they all voted
and discussed to -- and they all made a determination to add language
to require spay and neuter.
Some of the biggest changes we're looking at -- as I said, we
have an existing ordinance that does regulate animal-related business,
pet -- which include pet stores and breeders; hobby breeders,
commercial breeders. So a lot of the things we did was to enhance
that language at the request of the Board.
Some of the things we looked at is we actually are defining and
separating -- defining what a pet store is and what a pet shop is. A
pet shop is primarily to sell puppies and kittens. A pet store is, like,
your retail stores like Petco, Petland -- I'm sorry. Petco, PetSmart,
those type of things. When they're a retail business, that's their
primary business, but they may have places inside their stores where
they open it up to non-profit groups to bring in animals for adoptions.
So they have completely different models there. So we defined both
of those.
We also are looking at -- what we did, we also took a lot of
language from the Florida state statute that already regulates these
businesses and added that directly to our county ordinance just to
make it a little more consistent and a little more clear on what we do
require and what we expect.
As you all know, that we can be more restrictive than state
statute, but we can't be less restrictive than the state statute. So it was
important for us to add a lot of this language directly to our
February 25, 2020
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ordinance.
We looked at, previously, for our breeders and our pet shops.
They were actually combined, but they actually are two different
entities. Our breeders are based out of a home. They're considered
hobby breeders. They breed two litters or less a year. Pet shops are a
retail business. So we actually separated those under our current
ordinances and divided them into the new proposed ordinance here.
So if you look at it, it looks like there's a lot of changes, but it's
not; just because we changed -- we separated them and we took
existing language and moved it into another section. We looked
at -- right now our hobby breeders -- our breeders we require
quarterly inspections, but we are required to give them notice before
we come. So, obviously, if they know we're coming, everything's in
the up and up. We're looking at removing that notice requirement for
our hobby breeders.
Some of the other items that we're looking at is that, as I said,
adding more regulatory language to our pet shops when we inspect
them. Most of that language was taken directly from Palm Beach
County that already has that into their ordinance there.
And that's -- those are kind of the high-level changes that the
advisory board are recommending with the ordinance amendment.
CHAIRMAN SAUNDERS: All right. We have -- I believe we
have several speakers, and –
MR. MILLER: Yes, sir.
CHAIRMAN SAUNDERS: How many speakers do we have?
MR. MILLER: We have 14 registered speakers.
CHAIRMAN SAUNDERS: We have 14 speakers. I wanted to
kind of recommend a procedure that we might want to consider,
because we're going to get into some fairly detailed analysis of some
of these sections. And I thought it might be appropriate to hear from
the public -- hear the public comment.
February 25, 2020
Page 40
COMMISSIONER SOLIS: Sure.
CHAIRMAN SAUNDERS: Make sure that we have the
opportunity for those folks to speak, and then get into the ordinance
and basically go section by section.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Well -- and I was going to
suggest -- and I certainly don't want to not hear the public speakers.
But I've received a lot of comments, a lot of opinions with regard to
the condition of this ordinance that's being presented to us today, a lot
of people who weren't participatory in the creation of this ordinance
that's been put to us today.
And I was going to suggest we hear the public comment but
continue this item, send it back for repair. I mean, some of the
representations that are in this ordinance today shouldn't be here at
this time, and I don't necessarily think it's incumbent upon us as a
board to fix a circumstance such as this.
CHAIRMAN SAUNDERS: Okay. Let's do this, then. Let's
hear from the public. Let's go through this step, section by section.
There may very well be --
COMMISSIONER McDANIEL: Do you want to do that?
CHAIRMAN SAUNDERS: Well, for staff to fix whatever it is
that they -- you're suggesting -- well, hang on a second.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SAUNDERS: I'll call on you in just a second.
Let me finish. For staff to fix issues that you may have some issues
with, they need to know what those issues are.
COMMISSIONER McDANIEL: Right.
CHAIRMAN SAUNDERS: And we can do that by going step
by step. We have a very light agenda today. We're probably going to
have some very heavy agendas coming up. And so let's see how far
we can go, and if we need to continue it, that's fine. But I think staff
February 25, 2020
Page 41
will need that direction if there are problems.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Thank you, sir.
And I just -- there again, I received a letter today from the
Florida Association of Kennel Clubs that I assume were not
participatory in the adjustments to this ordinance. And they, at the
bottom, stipulate we are here to help. We have knowledge and
information with regard to your proposed ordinance. We all want to
see the better care for pets and who's, in fact, conducting business
with regard to these animals, and not having that input into this
particular ordinance, I think, is a huge -- is a huge error on our part.
If we're going to try to fix this today, I would -- I would -- again,
I want to hear from the public. I want our staff to hear that. I want to
hear -- I want our staff to hear that participation, but there are outside
organizations that have offered assistance that haven't been consulted
with.
CHAIRMAN SAUNDERS: Okay. Any objection to
proceeding with the public comment and then seeing where we go
with it?
COMMISSIONER TAYLOR: No.
COMMISSIONER McDANIEL: No, absolutely.
CHAIRMAN SAUNDERS: All right. Let's start with that.
And I know that there's going to be some conversation about specific
items in the ordinance, and we'll try to hear all of those. And then
when we get into the section-by-section analysis, if those speakers
need to come back up to help us evaluate those, we can bring some
people back up.
MR. MILLER: Yes, sir. Your first -- I remind the speakers to
use both podiums. Chuck Danielian followed by Kelly Hyland.
CHAIRMAN SAUNDERS: And speakers have three minutes to
present their arguments. And we're very strict on that three-minute
February 25, 2020
Page 42
limit, with certain exceptions from time to time.
COMMISSIONER McDANIEL: Your gavel's hidden behind
your thing.
CHAIRMAN SAUNDERS: Good morning.
MR. DANIELIAN: Good morning, everyone.
DAS has just written a Petland ordinance which does not protect the
residents and consumers of this county. They have set up a false
sense of security to the consumer. They're telling the consumer
you're okay to buy a dog now; we're regulating it. Not one th ing in
the ordinance protects the consumer or an animal.
Unfortunately, DAS director has -- excuse me -- had to draft an
ordinance she knowns cannot be enforced and is meaningless. She
wrote the ordinance Petland asked her to. This is like telling the
criminal to write the laws. She was bullied by the Commission to
draft something to protect the store, and that is exactly what she did.
The biggest proposed change being we actually define a pet shop.
That's the biggest change.
If we don't speak now, Collier County officials are putting the
stamp of approval on this ordinance. Consumers will believe that the
county is regulating puppies and it's safe to buy them. You must
speak up and say that Hillsborough County tried and failed.
Luis Marquez likes the ordinance. He should. He practically wrote
it. That says it all. The sign of a good compromise is that neither
side is happy with it. A good compromise this is not.
Mr. Marquez likes everything in the ordinance except the
spay/neuter section. Well, I have a recommendation for that: A
10 percent spay/neuter tax to be assessed on the sale of every pet
shop puppy or kitten at the time of purchase. It will be placed in an
escrow account for a period of not more than 12 months. If the
purchaser presents proof of a spay or neuter during that period of
time, the assessment will be refunded in full. If the assessment is
February 25, 2020
Page 43
unclaimed at the end of a 12-month period, it will be deposited in an
animal rescue fund.
I also question three items in the ordinance. Section 3, Item 21
regarding animal exercise. DAS, Humane Society of Naples, and
other rescues that I'm familiar with have grass areas for exercise. Pet
stores are traditionally located in strip malls. So what are they going
to do? Exercise them on the hot asphalt. I guess my time's up.
MR. MILLER: You have 20 seconds.
MR. DANIELIAN: I'm sorry.
MR. MILLER: The first beep is a 30-second warning.
MR. DANIELIAN: Okay. The other is the fact is there's 24
hours security for these animals.
COMMISSIONER McDANIEL: Which section in the
ordinance?
MR. DANIELIAN: That section is in Section 4, Items 2 and 3
regarding animal safety.
COMMISSIONER McDANIEL: Mr. Chairman, can he
have -- just to name the other sections.
CHAIRMAN SAUNDERS: We'll give him a little bit more
time since he's been asked a question. Go ahead.
MR. DANIELIAN: Yes. Section 4, Items 2 and 3 regarding
animal safety. Is there anyone there 24 hours when the pet shop is
closed regarding animal -- excuse me -- when the pet shop is closed
in case of a fire or other emergency such as what happened 15 years
ago up at the Bonita Greyhound Track when 10 dogs were -- 10 dogs
died and 15 had to be retired. They had warnings, but the guard
misinterpreted them.
The last item is the section on --
CHAIRMAN SAUNDERS: If you could wrap up. Your time
is -- your time is up, so --
MR. DANIELIAN: Okay.
February 25, 2020
Page 44
COMMISSIONER McDANIEL: I just want to hear the specific
items within the ordinance you had questions. You said 321, 4, 2 and
3; and the last section?
MR. DANIELIAN: The last one is Section 4H, Item 15. And --
COMMISSIONER McDANIEL: You don't need to expand on
that. That's a question that you have. 4H, Item 15.
MR. DANIELIAN: Yes.
COMMISSIONER McDANIEL: Thank you.
MR. DANIELIAN: Thank you for your time.
MR. MILLER: Your next speaker is Kelly Hyland. They [sic]
will be followed by Mary Lundberg. Are you Ms. Hyland?
MS. HYLAND: Yes.
MR. MILLER: Ms. Lundberg, if you could come and stand and
wait at the other podium, that would be great.
MS. HYLAND: I don't have anything prepared. I
just -- because I wanted to see how the meeting went. But one of my
questions would be, once it's pretty much proven and it's shown that
regulations are not going to work in this instance, just like
Hillsborough County finally realized that they aren't -- they don't
work, and they are trying to go back for an ordinance that would ban
the retail sale of puppies and kittens. Once we find that out here,
what is our -- basically, what will the next step be?
CHAIRMAN SAUNDERS: That's a good question, and I'm not
sure that we're prepared to address that.
Mr. Klatzkow, let me ask you a question. If that were the case
and at some point we decided to do as suggested that we may w ant to
ban these going forward, I assume that any pet stores that are -- pet
shops that are already open would continue in business?
MR. KLATZKOW: You could either grandfather them or give
them a windup period.
CHAIRMAN SAUNDERS: All right. That's the answer to your
February 25, 2020
Page 45
question, that we could take a look at that. But we do have to
recognize the fact that this particular entity is spending money right
now and is opening up, lawfully opening up, and as the County
Attorney's indicated, we could end that business, but we would have
to have a wind-down period, and I would assume that that would
probably be several years, but that's something we'd have to look at.
MS. HYLAND: Okay. A wind-down period. So what about if
Senate Bill 1698 were to pass, which is preemption in the state of
Florida?
CHAIRMAN SAUNDERS: Let's deal with that if it passes, all
right. We can't answer that question.
MS. HYLAND: So in the meantime, when we find out
regulations don't work, what will be the process, then, as far
as -- what will the penalty be for lack of compliance?
MR. KLATZKOW: The ordinance contains the ability for the
county to fine, and if it goes beyond what you would consider a
misdemeanor, the state law has criminal sanctions for animal cruelty,
so --
MS. HYLAND: Okay. So there would be a limit on the amount
of citations that could be given, because, like, what's the number?
Would there be 20 citations given, 50 citations given before action
would be taken?
MR. KLATZKOW: You're making an assumption these people
are going to be operating a terror mill here. At the end of the day, the
county will ensure that the ordinances are being withheld -- upheld,
and if they're not, we will deal with them.
MS. HYLAND: Okay. Well, I'm not -- just the assumption
here, just from past inexperience, is that there will be problems. So
we need to be able to handle them when they do come up, because
they will come up. It's just going to be a matter of time.
CHAIRMAN SAUNDERS: All right. Thank you.
February 25, 2020
Page 46
MR. MILLER: Your next speaker is Mary Lundberg. She will
be followed by Jonathan Foerster.
MS. LUNDBERG: I just wanted to get on the record my
displeasure –
CHAIRMAN SAUNDERS: Hang on just a second.
COMMISSIONER McDANIEL: We've got a mass exodus
going, and I couldn't hear her name.
CHAIRMAN SAUNDERS: We'll start all over again when
the --
COMMISSIONER McDANIEL: We'll see you guys at lunch.
Good luck.
CHAIRMAN SAUNDERS: All right.
MS. LUNDBERG: Okay. Safe to go?
MR. MILLER: Yes.
MS. LUNDBERG: All right. I'm Mary Lundberg, resident here
of Collier County for about 10 years, and I wanted to have on the
record my displeasure of the fact that we're trying to regulate
something that goes across straight [sic] lines.
If it was a fact where the retail stores were sourcing from within
our county and we were regulating those sources, then, cool, we
could absolutely work on regulation and making sure that the sources
are doing the right thing, but this is a case where the sources are from
other states, from Iowa, from Wisconsin, from Ohio.
So it's giving a false sense to the consumers and the residents of
this county that there is some kind of safety in buying from the retail
stores, and I feel that's a misstep for the county to be taking. They
say my puppy, my choice, but what kind of a choice are you making
when you can't fully understand where this puppy is originated from?
These USDA-licensed kennels, sometimes very huge kennels,
may have 5-, 600 animals in them, are not under any regulation by
this county, and the consumer doesn't understand that they could be
February 25, 2020
Page 47
financing, helping to keep in business, these large out -of-state puppy
mills by purchasing locally when we have this idea that it's being
regulated here.
The USDA has recently put out -- they had a blackout. You
couldn't find anything. And now they have put out records, but
they're very limiting. If you -- if you go and look, you can't even see
the number of animals that a lot of these kennels have.
For instance, the Petland is in with a non-profit. They have two
non-profits. And -- that I'm aware of. And the secretary on those is a
man named William Yoder out of Southern Iowa. The office that it
goes to is in Centerville, Iowa, but his kennel is over in the next
county in Bloomfield, Iowa.
The last count I could find on the animals was, like, 2014 or '13,
a screenshot from somebody who had been keeping track of it, and it
was, like, 500 animals.
Now if you go, it's like zero -- the numbers aren't on there.
There's really limited information. He's had his license can celed
several times. So how is a consumer to know that they're working
with quality -- I hate to say products, but that's what they are to them,
products. I think of them as lives, sentient beings. How is a
consumer under this regulation to be able to make that right choice?
And that's my biggest concern with all of this.
CHAIRMAN SAUNDERS: Okay. Thank you.
MR. MILLER: Your next speaker is Jonathan Foerster, and he
will be followed by Kim Collins.
MR. FOERSTER: Good morning, Commissioners. Thank yo u
for having us. My name is Jonathan Foerster, I am the director of
community affairs for Humane Society Naples.
We share Commissioner McDaniel's concern about the process
by which this ordinance was drafted. We feel like that there were
several ideas that were not put forth that should have been brought
February 25, 2020
Page 48
forward, especially limiting the amount of moms that breeders own.
To help control for puppy mill, you know, we can't control the
breeding facilities because we're not a USDA entity, but you guys
can say that they can only buy from breeders who have fewer than,
say, five moms. You guys can make ordinances that would allow for
more control over the environment in which they purchase their
animals.
You guys can also control the transportation of said animals.
You can require them to transport them fully rather than relying on a
third party, which might cause intermingling of animals with other
animals that might be diseased from outside breeders that you are not
regulating because they're going to Miami-Dade County or they're
going to Palm Beach County or wherever they might be going.
As far as spay/neuter, you're going to hear some people
complain about that part of the process today.
As, you know, a non-profit animal welfare rescue agency, we
are required by statute to spay and neuter any animal that we adopt
out, and it requires us to hold the animals longer, and it also -- but it
does require -- it provides for the ability to control population.
Most of the people that are buying an animal from one of these
pet stores are not going to want to breed that animal. Many of them
are going to be responsible and come and get their animal spayed or
neutered by a licensed veterinarian, but some people aren't, and it is
in your best interest as an organization that manages animal welfare
to prohibit or prevent the unnecessary breeding of
animals -- accidental breeding of animals because one gets into heat,
and all the other dogs in the neighborhood come around and see
what's going on. Right? I mean, that's nature. And so to help control
the animal population, spaying and neutering those animals is
beneficial.
We also recently learned -- and this is part of the process -- that
February 25, 2020
Page 49
the county was going to need to add staff and $105,000 worth of staff
to help regulate this. Why should the taxpayers pay for that? Why
shouldn't the organizations that are being regulated pay for that in a
fee-based structure that would require, say, breeders that sold
businesses that sold more than 20 animals a year pay a fee to help the
county recoup the funds that they're going to need to invest?
The county could be more onerous in the way that they regulate.
They could add more staffing to help really make sure that these
animals are coming from a good place, but to do that, it's going to
cost money, and the taxpayers shouldn't be responsible for that. The
people that are selling those animals should be responsible for that.
And, again, we don't think the process was handled in a way that
is good for the county, and we hope that you will consider
Commissioner McDaniel's request to go back and look at it a little bit
further.
CHAIRMAN SAUNDERS: Thank you.
COMMISSIONER McDANIEL: Can I ask him one question?
CHAIRMAN SAUNDERS: Sure.
COMMISSIONER McDANIEL: Were you participatory in the
workshop?
MR. FOERSTER: Yes, sir. The Humane Society of Naples,
our executive director, Sarah Baeckler Davis, sits on that board.
COMMISSIONER McDANIEL: How did this get to us?
MR. FOERSTER: It was -- there were discussions. And, again,
I was not at that meeting because, again, our executive director was,
but it is my understanding that there were plenty of other ideas put
forward that were not then put into the ordinance that was voted on at
that time. And, for the record, she voted against proceeding [sic] the
ordinance to you guys.
COMMISSIONER McDANIEL: Thank you.
MR. MILLER: Ms. Collins, before you begin, I have two slips
February 25, 2020
Page 50
from other people that have your name written on it as well. Were
they wanting to cede time to you?
MS. COLLINS: I believe so.
MR. MILLER: Okay. Well, I pieced that together. So let me
do that. Your next speaker is Kim Collins, been ceded time from
Lisset Apangio [sic], if I'm reading that right. Are you here, Lisset?
(Raises hand.)
MR. MILLER: And Dakota -- okay. Sorry. I can't read your
last name. You'll have nine minutes, and you'll be followed by
Teddy Collins.
MS. COLLINS: Okay. I am Kim Collins. I'm a manager at
Florida Puppies, which is the current pet store in Collier County.
We're the only ones open.
I would like to begin by saying we were offered a seat at the
table when making these regulations at the last meeting, and when it
came time to do them, we were told by the DAS inspector she would
let us know when it was happening. We were told that we would be
contacted, and we were not.
I contacted the DAS inspector just a few days ago, and she said
she wasn't actually informed about the meetings either, and she had
lots of notes that she wanted to bring forth at the meetings and wasn't
given the opportunity to -- because the next day after the ban
proposal, we were hit with a two-year audit from DAS, a random
inspection where they scoured through all of our paperwork for two
years, took pictures of every puppy, took pictures of where we keep
the puppies, spent eight to 10 hours at our store that day, and then
repeated, came back two other times to continue her inspection.
So she had a lot to give in this ordinance. She learned a lot by
coming to visit us, and I think she should have also been able to give
her input in this meeting and -- when making these rules.
But one of the rules that is very, I guess, like, it puts a lot of
February 25, 2020
Page 51
financial burden on us, is vet visits three times a week. As a small
business, we pay a lot of money in vet bills, and we were just
concerned with what was going to happen to puppies every othe r day
that required a vet to come three times a week to inspect. We are
fully in support of a vet coming every week, every -- twice a week,
three times a week as the puppies require.
As you get younger puppies, our vet does come more than once
a week. But once they're 12 weeks old, they're kind of spending their
time playing, being seen by people, getting baths. And so the vet
visits seem a little redundant and more, I don't know, retaliatory. As
a small business -- it's understood that paying a vet about $800 a
week now just to visit for unnecessary things is very hard on a small
business. And it just seems to be made to make our lives more
difficult, as even our vet states three times a week does seem
excessive.
And then we just wanted to, like, be provided with the reason
why the three times a week was necessary, if there was a legitimate
reason why a vet needed to come three times a week.
And then these rules seem to have been written assuming the
worst of us. They're putting restrictions and regu lations on us as if
we're criminals. We have been running a very legitimate, healthy
business for years. We've been in our county for four years.
The Humane Society, you know, stated that there were no
animal-related businesses in the county at the last -- right before the
last thing, so we haven't been creating an issue for them either. We
were hit with that two-year audit from DAS unannounced the day
after the vote. They, again, took pictures of every puppy, validated
everything in our building. We were asked to provide paperwork of
where the puppies came from, where they went. You know, if
anything happened to the puppy, vet records, everything from DAS.
Not one mark was given to us. Not one thing wasn't provided. Not
February 25, 2020
Page 52
one thing was missing.
You know, people can say anything they want about our
business. They can make assumptions, but the proof is in the actual
inspection reports. We are USDA licensed as well, which most pet
stores aren't, and USDA has never given us one negative mark either
in four years, and they randomly inspect as well.
DAS hasn't always randomly inspected. Sometimes they'll let us
know the morning of or the day before, because we are by
appointment only, just to ensure we're there. But as our business has
grown, my husband and I are there more often, so they can randomly
inspect, which they have.
You know, we have offered an invitation for any of you guys to
come into our pet store. We would love to have you come into our
pet store. We feel like we've worked super hard to set a high
standard for this industry. Every customer that walks in comments
on how they've never experienced a pet-buying experience like we
give them. We do appointment only. We are very personable.
We pick up all of our puppies, so the transport issue of, you
know, not using a third party. We are family run. We visit our
breeders. We transport them ourselves. So we are different than a
huge pet store in several ways, but we just believe that we're kind of
being targeted and treated as if we're criminals and regulated in that
way, and we've worked very hard to have a squeaky-clean record and
give our puppies the best life.
Our staff is here. Most of our staff has been with us for years.
We don't just go through a bunch of staff, and it's not like a
factory-type business for us. Our staff sticks with us. They know our
puppies. Our people come in and bring their puppies back to visit us,
send us pictures of their puppies for years. So -- and a lot of people
come on vacation, and they brin g their puppy to come in and see us.
So it is just part of the community now.
February 25, 2020
Page 53
We've been here. Our business used to be more advertising, but
at this point most of them are recommendations. And so a lot of
people, you know, see value in what we're providing them.
And these regulations, for the most part, kind of squash all the
joy we had in our job. It leaves us with hours of endless paperwork
and just bills that will put a small business out of business.
So, you know, we just ask to reconsider some of the unnecessary
things in the ban that are not protecting the puppies but more just
creating just more unnecessary paperwork for us as business owners.
And then as far as the spay and neuter thing, we see a lot of
issue with it because a lot of times we're dealing with really small
puppies. And so I anonymously emailed every vet in Collier County
and asked them, if I were to have my puppy at 10 weeks old, could I
come in and have her spayed and neutered, and all of them -- one said
that they wouldn't do my puppy until she was six months old, one
said that she -- they wouldn't do it until six months old. The earliest
one that would do it was after all of her vaccines were completed,
because that would be the healthiest time for it, which was around
five months old, and then a lot of them said that they didn't want to
do unnecessary surgery and put them under when they possibly could
need to be put under later for baby teeth coming in.
And then the AAHA states on their website, which is the -- our
vet is AAHA accredited, and it's kind of the leader in the Animal
Hospital Association. They've been around for several years. And
they -- anyone that's AAHA is not recommended to spay and neuter
any puppy under six months, so our vet refuses to spay and neuter
any puppy under six months old due to his accreditation. So going
against, you know, the years and years of study on the harm that it
can do to long-term health for a puppy being spayed and neutered
early, to do this on a mass level just seems more of a nuisance than it
is protecting the actual puppies, and it just makes our business harder.
February 25, 2020
Page 54
COMMISSIONER McDANIEL: One quick question.
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER McDANIEL: Did I hear you say you were
inspected for nine hours on two -- on two years worth of records?
MS. COLLINS: Yes.
COMMISSIONER McDANIEL: And did I hear you say that
there were no violations or citations that came from that action?
MS. COLLINS: Yes. And our DAS inspector said that that is
public record; that it could be pulled by anybody to see that we --
COMMISSIONER McDANIEL: Now that it's been inspected
and that sort of thing?
MS. COLLINS: Yes.
COMMISSIONER McDANIEL: Of course.
MS. COLLINS: And then we just submitted our quarterly
inspection, because we have to report all of our -- where our dogs
come from, where do they go quarterly, so we just did that.
COMMISSIONER McDANIEL: Thank you. Appreciate it.
MR. MILLER: Teddy Collins. He'll be followed by Sara
Bazler.
MR. COLLINS: The animal rights groups and activists have
given -- have been given a platform, I believe, an undeserved power
over the animal industry.
Last time we showed a lot of false propaganda through pictures
of what was supposed to be a puppy mill that wasn't a puppy mill.
Some of the photos were used from Chinese meat markets, animal
hoarder cases, and seizings of unlicensed breeders that have been
busted, and painting a false picture of these being the breeders that
pet stores are getting their dogs from.
Once they are allowed to push these photos on people, people's
faces, they're convinced that all these breeders and dogs are -- these
people are getting evil puppy-mill dogs.
February 25, 2020
Page 55
In turn, they are given the opportunity to create an insanely
overreaching and invasive regulations on the industry. They are
intent on being sure they, themselves, are exempt from these
regulations as they know -- or they know that they're so restrictive
they nearly make it impossible for us to operate.
When presented with actual photos of our breeders and facility
and the care for our puppies, were ignored and unacknowledged
because they do not fit the narrative they are pushing. Our breeders
are held to a very high standard or an inspected [sic] despite activist
attempts to claim the USDA does not have the ability to inspect.
We actually did the math. They said that there was not enough
USDA breeders. If you actually do the math, they would only have
1.45 facilities per week per inspector. So USDA inspectors can
regulate the industry and it's not -- you know, it defeats their claims.
The local Humane Society, just a few months ago, we saw this
as one -- somebody posted it online that they adopted out a dog that
was known to have cancer, to a woman, and still needed treatment for
cancer. The owner was not notified of this prior to adopting and, as a
matter of fact, she was not the first person to have adopted that dog
from the shelter. She was at least the second and was not informed of
that.
We're allowing our shelters and rescues to be exempt from the
regulations that we are -- that are meant to protect the consumers.
Many of these regulations seem to be put in place to protect the
consumers from legitimate regulated business that must already
operate under the Florida lemon law, but why is the same concern for
protecting consumers nonexistent if they're adopting a dog? These
are the same consumers with the same financial and emotional
situations, but they're left unprotected completely when shelters are
left exempt.
This whole regulations that I found in this ordinance doesn't
February 25, 2020
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make sense how perhaps -- I don't know if the Humane Society had
this whole notion of spaying and neutering dogs, but I don't see why
they should be exempt from all these burdensome rules.
COMMISSIONER McDANIEL: I have a quick question.
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER McDANIEL: Were you invited to attend the
workshop to work on the ordinance?
MR. COLLINS: No.
COMMISSIONER McDANIEL: Thank you.
MR. MILLER: Your next speaker is Sara Bazler.
CHAIRMAN SAUNDERS: How many more speakers do we
have?
MR. MILLER: Seven.
CHAIRMAN SAUNDERS: All right. Why don't we go ahead
and take a break. We need a court reporter break, so we'll come back
at 10:45.
(A brief recess was had from 10:34 a.m. to 10:45 a.m.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Sara Bazler. She will be
followed by Nathan Bazler.
MS. BAZLER: Hello. My name is Sara Bazler, and my
husband and I are the owner of Florida Puppies online. So when we
originally met back in October, I ended my speech, or whatever, with
asking for a roundtable discussion for new policies in our industry.
We did not get invited to the roundtable discussion that you
guys had, I think she said, back in December, and we actually only
became aware of this new topic on Wednesday.
So I don't have anything prepared. I'm going to speak from my
heart for a minute, and I just wanted to start out by saying my
husband and I started our first business in 2008. I was pregnant with
February 25, 2020
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our first son. I actually had went through nursing school and had
completed that but decided maybe that wasn't best for me, and I
wanted something I could do to be able to spend time with our
family.
So we started that in 2008, and actually Kim and Teddy went to
college with us. That's how we became friends with them, and they
actually worked near us for a short while, a couple -- probably 2010.
Kim and Teddy then moved to Naples, and we just randomly, spur of
the moment, called them and asked them if they'd like to start a
business for us because we wanted to expand in another location.
So that's where we are today. They've been with us since we
started in Naples. And our business model, I think, really holds the
standard of Naples. Naples has a very high standard. When you talk
to people about Naples, they think very highly of Naples, and I feel
like our business model upholds that standard.
Like Kim said, we've been inspected by DAS without violations.
And I think that the animal activists do try to paint a very poor
picture of what we really are and what we represent. I don't consider
this a business or a job, but I consider it a lifestyle. I live, breathe,
sleep, and eat puppies 24/7 every day of my life. I can't get away
from them, nor do I want to.
CHAIRMAN SAUNDERS: Do you realize that the headline's
going to be, "She eats puppies"?
MS. BAZLER: Okay. Maybe dog food. Is that better?
Sometimes I feel like I eat dog food.
COMMISSIONER McDANIEL: Just clarify you don't eat
puppies.
MS. BAZLER: Correct, I don't eat puppies, but, you know, you
have to eat to survive. I eat normal human food but, you know, eat,
sleep, and breathe puppies. Is that bette r? Perfect. Sorry. I'm
nervous, and I don't have something to read. So I'm sorry for that.
February 25, 2020
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But I want to say that I am up for regulations. I would like a
consideration of maybe some different regulations and maybe
involving everyone that, you know, houses animals to be under those
regulations.
CHAIRMAN SAUNDERS: Thank you.
MS. BAZLER: Thanks.
MR. MILLER: Your next speaker is Nathan Bazler. He's been
ceded time, I believe, from Theresa. Are you --
(Raises hand.)
MR. MILLER: There you go. And Mr. Bazler will be followed
by Tom Kepp.
Mr. Bazler, you have a total of six minutes.
MR. BAZLER: Thank you. I am Nathan Bazler, as she said. I
am the owner of Florida Puppies Online, which is the only active pet
store in this county, which it just -- I'm beside myself that they didn't
invite me to this roundtable discussion as I was promised to be
invited to.
How in the world can you make any kind of legislation if you
don't have the people that are actually doing the business involved in
helping to write it?
There's two things that make this ordinance not make any sense
at all. One is that you start with these two -- well, that you start with
these two premises: One is that rescues, humane societies, and
501(c)3 shelters are all inherently good and can do no bad and then,
two, that all pet stores are inherently bad and can do no good.
By exempting the rescues, the humane societies, and the shelters
from this ordinance, you're basically saying that only the pet stores
can do wrong; that we don't need to regulate and inspect the humane
societies.
In the last meeting when they were proposing the ban, I came up
with the slide show that showed the pictures from shelters and
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501(c)3s that they had proposed were puppy mills to kind of debunk
the fact that these 501(c)3s walk on water and can do no bad.
I'm here today just to give you an idea that I'm not a bad person.
I'm not a bad businessman. I'm a husband, and I'm a father of three
children. I'm a YMCA basketball coach, I'm a Boy Scout leader, I'm
a T ball coach, I'm educated, and I was a chaplain candidate in the
USA Army for four years.
I'm not a bad person, and I run a great company. Like my wife
said, we started this business 12 years ago with $2,000 in our bank
account, and I had a pregnant wife. You can't grow a business
starting like that to over 30 employees if you're doing things wrong.
We take care of our customers, we take care of our puppies, and we
take care of our employees.
And right now activists and these kinds of legislation and
ordinances are coming at me hard and making it very difficult to
make sure I take care of everything that I have to take care of. It's a
hard thing to know that if you're shut down, that some of your
employees are going to be out of jobs and not be able to eat and take
care of their families.
Last year we spent over $330,000 in vet care. Now, if you're
going to tell me we don't take care of our dogs, I have the receipts to
show that we do.
Now, what you won't see -- and someone talked about the
Humane Society inspection reports; that they're put on line. Some
things are blacked out. What you won't see is any Humane Society
inspection reports, because they're not inspected. So who's to say
they're not doing wrong? Who's to say they're not doing bad?
I still am baffled that they are exempt from this stuff. Why are
they brought to the table and then say, well, you don't need to
regulate us. We'll do the right thing. That's bull crap, and we all
know it is.
February 25, 2020
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I would accept all of these regulations as they're written today if
you pull the exemption clause from the humane societies and the
501(c)3s, because as soon as you do, they're going to say, wait a
minute, wait a minute. Let's change these. Do it. Try it. Propose it.
You'll see them put their tails between their legs and run down the
road and say never mind.
That's all. Thank you.
MR. MILLER: Your next speaker is Tom Kepp. He will be
followed by Juan-Carlos Planas.
MR. KEPP: Tom Kepp. Most of you know what I do here.
Snip Collier, Spay/Neuter Initiative Program. I won't reiterate what
we do -- what I do.
The one thing in this ordinance that I want to see through for
sure is where hobby breeders are required to keep their dogs for -- the
puppies for eight weeks, and they also have to have health certificates
on them before they are given away. This will -- this will cost them
money, and they won't be able to sell their dogs for $50 or $100.
That's something that -- I don't know what number it is, but it's in
there, and that's something I want to see out of it.
COMMISSIONER McDANIEL: Quick question. Do you
know what section that's in?
MR. KEPP: No, I don't, I don't, but I've -- I've texted Darcy,
and it is in there, because it was left out the last time we did this.
COMMISSIONER McDANIEL: Were you invited -- can I ask
another question?
CHAIRMAN SAUNDERS: Sure.
COMMISSIONER McDANIEL: Were you invited to
participate in the adjustments to this ordinance process?
MR. KEPP: I wanted to address that, and I'm glad you asked,
because nobody's invited. It is a public record -- it is --
COMMISSIONER McDANIEL: I understand that, Tom. I'm
February 25, 2020
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asking the question. Were you --
(Applause.)
MR. KEPP: No. Nobody called me and said -- except for
my -- some of my friends that attend. But no one called me. And if
you want to sign up and have your email put on there, it will get sent
to you. I mean, that's -- you know, I have an email address that I get
sent, but that's because I signed up and put my name on it. So I
wanted to bring that up, because nobody gets invited to these things.
I mean, they don't call around and say please. It's a public record, it's
publicly advertised, and you're more than welcome to get signed up,
you know, any time you want. So, no, I don't get invited. I pay
attention.
COMMISSIONER McDANIEL: I understand.
MR. KEPP: I will say -- I'm not going to sit here and dispute
whether puppies should be spayed and neutered at eight weeks,
because we get them done all the time at eight weeks, but I'm dealing
with a different -- a different situation.
These puppies, the other day on Carson Road in Immokalee,
there's a mom and two five-week-old puppies running down the
street. I find out where they live. I go over there. They su rrendered
the puppies to me. We got them into a safe place. We got the mom
spayed the other day. These puppies are going to get run over.
They're going to have more puppies immediately.
So here's what I will say. All this argument, I want to invite you
guys to come out with me to some of these rural areas and see what
we deal with on a daily basis, and I would love to have you come so
maybe we can work together and figure out how to fix this problem,
because it is -- it's terrible.
And I do it daily. Last year we did 670 spay and neuters. We
brought in over 100 puppies from the county and got them -- that we
found under trailers. And if you ever take and -- the one thing I
February 25, 2020
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would say, and I say this to my friends -- or not friends. Well,
acquaintances that are breeding their dogs, I ask them -- they say,
we're good breeders. I say, well, give me a list of all the dogs that
you've sold or given away in the last year and let me go and visit
them and see who still has their dog, and they will not do that
because they know that a majority of the time -- 50 -- I don't know
what percentage. But many of the times they still don't have their
puppy, and I think that would go for --
CHAIRMAN SAUNDERS: What is the name of the
organization you represent?
MR. KEPP: Snip Collier, Spay/Neuter Initiative Program.
CHAIRMAN SAUNDERS: Mr. McDaniel?
COMMISSIONER McDANIEL: I want to publicly thank him
for what he does in support of our community, the offset for our
expense with DAS or the lack thereof with regard to the things that
are going on in Eastern Collier County. I want to personally thank
you.
MR. KEPP: Thank you. And I want to give an invitation to all
of you, everybody, to get in my car and spend a day with me and see
what we do. And I don't think that you can make regulations until
you understand what the problem is. And until you see it, I don't
believe you can understand it, so -- and that goes for anybody here.
COMMISSIONER McDANIEL: Now you can clap.
(Applause.)
MR. MILLER: Your next speaker is Juan-Carlos Planas, and
he's ceded additional time from Tory Miller -- Terry Miller, I'm sorry.
And he will be followed by Alexandria Juvan [sic]. I hope I'm saying
that.
MS. JULIAN: Julian.
MR. MILLER: Mr. Planas.
MR. PLANAS: Senator Saunders, Commissioners, first of all, if
February 25, 2020
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you -- most pet stores -- puppy stores actually microchip their dogs,
so if you looked at those abandoned dogs, you'd find that the vast
majority -- in fact, probably all of them are not from puppy stores.
If you close puppy stores by overregulation, you're not going to
eliminate puppy mills. You're going to empower puppy mills. You
will drive the market online, you will drive the market to the black
market, and that will make it worse for dogs.
Right now, Darcy has the power to go into Puppies Online, will
have the power to go into Petland. She's not going to have the power
to go into any of these places. Right now, if you have common-sense
regulation, they -- the director will be able to go in.
Now, as it is, we are close, but we are not there yet, and this is
why you need to continue this. When we showed up in December,
we were invited to come. They told us come, this is the day. We
were shocked that Puppies Online was not there. We had assumed
they had received the same call that we had. So it's concerning.
Let's talk about some of the misstatements that have been said
today. Will Yoder is not a breeder and, thus, he's never had a license
that's been suspended. That is false. He basically is a broker. He
does not breed dogs, but he deals with very responsible and humane
brokers.
The Humane Society wants to require limiting the dams at a
breeder. That makes no sense whatsoever. If you have the adequate
staff for the amount of dams, that's all that's required. You guys can
even go a little bit further in where these dogs come from.
Transportation, I think Puppies Online and us, we're all in agreement:
We should transport our own dogs. They do it. We do it. Our store
model is our own transportation. If you want to add that in there,
continue it and add in that we transport our own puppies, we're
welcome to that because we value the puppies that we sell. These are
like family members.
February 25, 2020
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Sterilization, this is a problem. The reason shelters have
mandatory sterilization is because all the dogs are over a year of age
when it's safe to do it. You can't sterilize. And, in fact, when we
were at the December meeting, the veterinarian on the board
specifically said, yeah, I have concerns with sterilizing puppies. He
said exactly the same thing that they're, you know, blind asking. A
veterinarian said, this is dangerous to the dogs if you do it too early.
We need to work that out. Much of this language actually came from
Cook County, Illinois. Not exactly a beacon of good government that
we should be following.
You know, there are also issues with the immunization. It
actually goes contrary to what the state statute says you should
immunize. We need to have veterinarians actually come and testify
before you on this, and that's why this needs to be continued.
There are issues here where the other stakeholder, where
veterinarians have not given their proper opinion for you to hear, and
that's why we need to continue massaging this. This is a very
important issue. We only have one shot to get this done. If you pass
something now without input from the other stakeholders, without
hearing from veterinarians, you could get it wrong, and we're going
to make it less safe for puppies on the immunization and on the
sterilization.
You know, we only received this February 12th. They only
received it February 14th. It's not even been two weeks. We need to
review other aspects of this, we need to have the other stakeholder
talk about this, and we need to have veterinarians speak before this
commission to give you their expert testimony, because they're the
ones who care for the dogs.
Thank you.
MR. MILLER: Your next speaker is Alexandria Julian. She
had been ceded three additional minutes from Daniela Coffey, for six
February 25, 2020
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minutes, and this is your final speaker on this item.
MS. JULIAN: My name is Alexandria Julian. I won't take up
all of your time. I just have a few points to make here.
So my name is Alexandria Julian. My family and I are from
Hillsborough County, which I think is good that it's been brought up
so many times today, because now I have a purpose of being here.
I was originally here just as an animal advocate and representing
"My Puppy, My Choice" campaign. We advocate across the state to
educate local officials like yourselves on federal and state legislation
that's already in place, as well as regulations that you can put in place
here at the local level.
The typical intent behind these ordinances is to improve animal
welfare, which is great, as well as for -- promote consumer
protection.
With that being said, in reading this ordinance it is obvious that
a lot of research has been done; however, it's equally important that
we reach out to those that are in the community that are going to be
abiding by these regulations.
I'm sure that you're going to hear enough testimony today about
the neuter and spay clause. I'm going to let everybody else handle
that and address the other issues that may be arising with the bill.
These are valid concerns from the stakeholders, the community, and
pet professionals in your area. Don't take this as anything but an
effort for your small businesses to abide by what you're asking of
them.
I advocate across the state, and I've done this for four years now.
I'm very well versed on this topic. And in doing this in the last four
years, I have noticed that every community is unique. You guys are
going to set your own standards and your own regulations; however,
what is good in theory may not be good in practice. We have noticed
that a coming together of minds has really been beneficial to make
February 25, 2020
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sure that we're weeding out any issues that we're kind of seeing here
today.
Although there's an all-or-nothing scenario that's pushed by the
opposition, there is something to say about the small business owners
being here and being willing to comply. Not every small business is
like that. So I think that, you know, (applause) yeah. So they are
eager to be a part of the legislative process.
You have business owners here that are willing to abide by the
rules and the regulation. They deserve that recognition and deserve a
spot at the table.
Before I go, I want to address the Hillsborough County
ordinance. So our family has an ordinance that we abide by in
Hillsborough County. It's been in place for about three years now,
almost three years. It was voted on in 2017, proposed 2016. It was
originally a ban. We basically worked with our community for about
the better part of a year to develop that ordinance. Not "us." It was
us, the animal shelter, rescue organizations, veterinarians, and our
Animal Advisory Board. At the end of that, what was decided was
that regulation is a better consumer protection practice than an all -out
ban. Prohibition pretty much helps nothing.
So in those last two years, what we have had is complete
compliance. We've never had a single violation. There's never been
an issue in the way we operate. There was a new election, and now
there is a second recommendation for a ban again, even though there
was no issues pertaining to how we operated or that we were not in
compliance.
So if that's being used as reasoning to say that this is
unenforceable, that's inaccurate. We are 100 percent in compliance,
and that ordinance was proposed to no fault of our own or any other
businesses in the community.
It was being said that USDA regulations aren't strict enough. So
February 25, 2020
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this really is frustrating, because the USDA is a minimum
requirement, right? No one does the minimum of what's asked of
them, just like these guys, all these business owners, I believe that
they go above and beyond.
With that being said, the state level is what I would like you
guys to look up and research. Every state has their own pet act or
animal act that regulates these breeders even further than what the
USDA does. So to say that the USDA has not stringent enough
regulations is kind of a bogus statement, because that's not the only
regulation that they adhere to.
So with that being said, we developed, after the ordinance had passed
in Hillsborough County, the "My Puppy, My Choice" campaign. We
advocated across the state. We worked with many communities
helping draft regulation-based ordinances that are enforceable and
fair to those who are abiding by them. What we are seeing in
Hillsborough County is a retaliation from the groups they have
pushed these ordinances, and that is the reason why the ordinance is
back up on the table.
So, again, Hillsborough County did not fail. I don't believe that
anything that you put on the docket will either. I don't think that
anybody would set you up for failure like that.
So I do appreciate how much you guys are doing and the fact
that you guys are engaging in a back-and-forth with your community.
I think this is exactly what you guys need to get where you're wanting
to go.
And, anyway, finally, I urge you to table this, and that way we
can really address the issues of the community and the animals that
are involved.
COMMISSIONER McDANIEL: And what was your name
again, please?
MS. JULIAN: Alexandria Julian.
February 25, 2020
Page 68
CHAIRMAN SAUNDERS: Thank you.
MS. JULIAN: Thank you.
CHAIRMAN SAUNDERS: We have no other speakers.
MR. MILLER: That was our final registered speaker, Mr.
Chairman.
CHAIRMAN SAUNDERS: On this ordinance. Let's go ahead
and close the public hearing. I think it's time to do one of a couple
things. One is, assuming if we continue this, I want to get into
specific line-by-line analysis of the ordinance. I don't want to have a
very long public hearing on what's the right way to go. We've
decided that we're going to go with an ordinance, and the question
becomes, how do we develop that ordinance?
There's been a request to continue this. I thought it would b e
appropriate to go through this ordinance to some extent to see what in
it is acceptable and what isn't. I don't have any problem continuing it
for further analysis, but I wanted to -- and, again, this is a question
for the Commission. Do you have any problems going through to see
what is in this that we find acceptable, and then direct staff to have
another hearing?
COMMISSIONER TAYLOR: I think that's a wise decision.
CHAIRMAN SAUNDERS: All right. So I know there's a
couple people that spoke in terms of specific items. So if we go
through a line-by-line analysis of this, if someone who has already
spoken wants to comment on a particular line item, then we'll
entertain that. I know that there's some folks that want to do that.
So why don't we take a look at the ordinance that we have and
see what we have in it that's going to work and where we need to
change. I do like some of the suggestions that have been made, and
I'll summarize those at the end.
Commissioner Fiala.
COMMISSIONER FIALA: Yes, I'm jumping ahead, and I don't
February 25, 2020
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mean to do that. But just as you're talking about planning this
meeting and there were suggestions about a veterinarian, could that
meeting include a veterinarian who could comment?
CHAIRMAN SAUNDERS: Sure. I think that would be
significant to do that.
Commissioner Taylor, and then Commissioner McDaniel.
COMMISSIONER TAYLOR: Yeah. I think it's important to
note that the misrepresentation by the folks who say that the county's
requiring sterilization of dogs under five weeks old or five weeks
under a year is misleading. It indicates that who's ever making those
statements has [sic] read what's before us.
What we're saying is is that as a county, we need to ensure that
these dogs are sterilized and, therefore, there has to be a commitment
on the part of the seller that these dogs will be sterilized and that they
would be sterilized immediately or upon a certificate from a
veterinarian that the new owner would have saying there's a reason.
We don't want to sterilize these dogs because it's too young or maybe
there's something else going on, and that is the commitment that is
required of the pet owner -- of the pet store.
CHAIRMAN SAUNDERS: Okay. We would be getting into
that as we go through this ordinance.
Commissioner McDaniel.
COMMISSIONER McDANIEL: So it is your -- and I just want
to clarify something. It is your intent to go through this ordinance
here today even though we've had a lot of folks say that they want to
participate, weren't at the table for the participation, and we're going
to actually send this back to somebody to review, redo, and bring
back to us? Is that your intent today, sir?
CHAIRMAN SAUNDERS: The intent is to go through this, see
what is in this ordinance that we find to be acceptable. We had
comments from the public that -- and what I suggest is that we'll have
February 25, 2020
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another workshop, but let's go through this and at least see what we
have in front of us.
Now, we can just continue this, if that's the pleasure of the
Board, but we're kicking the can down the road, and I'd like to at least
have part of that roadway taken -- yes, Commissioner McDaniel.
COMMISSIONER McDANIEL: And I certainly understand -- I
think I understand where you're looking to -- where you're looking to
go with this, but I was at the meeting in October when we gave
direction to engage the community, redo the ordinance, enhance the
penalization on the bad actors. I was there. And this ordinance that
has come before us today does not do that. I heard multiple
people -- both sides, if you want to call sides one way or the other.
Both sides talk about lack of enforcement.
Commissioner Taylor, specifically, with the
neutering/sterilization paragraph that's in here, it puts the onus on the
purchaser to certify that the pet that they purchased from a pet store,
in fact, gets sterilized at some point in time and then holds
accountable a retailer to show proof that that purchaser actually did
what they were supposed to have done. It makes enforcement
virtually impossible. Virtually impossible.
COMMISSIONER TAYLOR: I disagree.
COMMISSIONER McDANIEL: Oh, I know you do. You
would have rather had the ban in the first place, but --
COMMISSIONER TAYLOR: Now, you see -- see, what's
happened --
CHAIRMAN SAUNDERS: Commissioners, let's -- one at a
time and --
COMMISSIONER McDANIEL: And, again, I'm just -- one of
the things that was regularly said -- my friends that are -- that are part
of the Humane Society that regularly adopt animals that are brought
in and foster care them talk to me about the capacity of enforcement
February 25, 2020
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and the lack thereof with regard to the improper care of animals. And
the way I read this particular paragraph in this ordinance that was put
to us today, it's an enforcement nightmare.
CHAIRMAN SAUNDERS: What I was suggesting that we
do -- and I'm not so sure that we're going to get there. That type of
comment, I think, is important for staff to have, and I think it's
important to have those types of comments on all of these sections so
that they know at least what our thoughts are. I'm not suggesting that
we adopt an ordinance today. We're not going to do that, obviously.
Commissioner Taylor.
COMMISSIONER TAYLOR: May I just say -- and why I
didn't -- I almost interrupted you except our chair stopped me from it.
Just -- I think the personalization of this issue is very detrimental to
solving this problem. I think the -- throwing the tomatoes at -- rotten
tomatoes at the Humane Society is another example of
personalization that doesn't belong here. What we're trying to do is
work on an ordinance that provides as much protection as we can and
to solve a problem that has been identified.
So I think as we proceed, it would be very helpful to get rid of
this personalization of all these entities and just deal with this.
COMMISSIONER McDANIEL: Are you suggesting that I was
throwing tomatoes?
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER TAYLOR: No.
COMMISSIONER McDANIEL: I just want to clarify that.
CHAIRMAN SAUNDERS: Commissioner McDaniel, I'm
going to try to run the meeting. You'll get a chance to speak.
Commissioner Solis is next. I'll come back to you, all right?
Commissioner Solis.
COMMISSIONER SOLIS: We have a chicken and the egg
problem, I think, in that I understand Commissioner McDaniel's point
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that if we're going to send this back for more workshops, you know,
the whole thing may change, and then we're going to revisit it all
again.
But I can also appreciate that we shouldn't kick this can down
the road anymore, and we should provide the staff some -- you know,
some direction or at least an understanding of where each one of us
is.
There are issues -- some significant issues for me in respect to
both enforcement and fairness that I need to understand better. And I
personally think it's going to be six of one, half a dozen of the other
whether or not we go through it line by line today and have it come
back as a changed ordinance that we have to go through line by line
again, or do we have it come back having had everybody at the table,
specifically requesting that everybody be at the table, and come back
with something that we know everybody's been involved in
regardless of whether they were asked to be there or not.
So, you know, I'm not going to be in a position to vote on this
today because it's going back for some further deliberations. But I do
have some questions for staff that -- because I think some of the
speakers have raised some good questions.
So I don't know if it's -- maybe I'm trying to say maybe we
should meet somewhere in the middle, not necessarily go line by line,
but maybe we ask what the -- and express what the issues are that we
see that are problematic so that the staff can take notes and those
issues can be discussed at the workshop.
CHAIRMAN SAUNDERS: That's kind of what I was trying to
get to doing, and I thought by going line by line we could do that, but
that's fine.
Commissioner McDaniel.
COMMISSIONER McDANIEL: I wanted to make a point and
clarify the fact that Commissioner Taylor wasn't suggesting that I
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was throwing rotten tomatoes at the Humane Society. I'm a huge
supporter of the Humane Society. And it's important that folks
understand when the general public comes to the podium, one of
these podiums, it's their three minutes to say, necessarily, whatever
they want, whether it's factual or not, whether it's accurate or not. It
regularly happens. It's unfortunate that misstatements are said, that
nontruths are said, but that's regularly what, in fact, transpires, and so
it's part of our process. But I just -- it is unfortunate that sometimes
the humanization aspect of what we're working on here transpires.
CHAIRMAN SAUNDERS: All right. Let's get to the ordinance
itself and see if we can give some direction to staff.
Commissioner Solis, you had made a suggestion, and I think it's a
good one, that we need to at least give staff some direction. However
you feel that we should proceed in doing that is fine with me. We
could go section by section and indicate what our issues are with that,
give staff some direction, or we can just simply go down the row here
and tell staff what we're looking for.
But before we do that, I'd like to give staff an idea as to how
they came up with this ordinance, what the input was, because
it's -- there's been at least an indication from some speakers that the
public wasn't involved. I want to make sure that we understand just
how this all transpired and how you got to where you are with it.
MS. ANDRADE: As I mentioned before, we had our workshop
on December 19th. It was a publicly advertised meeting. It's open to
the public. I did not personally reach out to anybody to invite
anybody, as Mr. Kepp said. It's a public meeting. Anyone's
welcome. I was contacted by people asking me when the meeting
was, and I did provide that information.
CHAIRMAN SAUNDERS: How many folks participated in
that meeting?
MS. ANDRADE: We had five representatives from Petland,
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two representatives from our community, and then our Animal
Service Advisory Board. Jeff Klatzkow was there, Steve Carnell,
Kevin Noell was there, and myself was there.
CHAIRMAN SAUNDERS: All right. So how would the Board
like to proceed on the issue? You want to simply continue it, or do
you want to try to give staff some direction?
COMMISSIONER TAYLOR: I like your idea. I really do. I
think it's very helpful, because I think as we go through this,
questions will be raised, and maybe problems will be solved, maybe
not, but -- and I appreciate the dialogue up here, because I can't talk
to any of you. So your insights are greatly appreciated at this point.
So I would agree with your method, sir.
CHAIRMAN SAUNDERS: Any objection to seeing where we
go?
COMMISSIONER SOLIS: I mean, my --
CHAIRMAN SAUNDERS: I don't want to waste anybody's
time.
COMMISSIONER SOLIS: My only objection is to the line by
line, because a lot of it's just drafting language that the County
Attorney's Office is going to do that may change or not change. I
think it's -- the substance of it is what we ought to have a discussion
on, and as long as what we're talking about is talking about the policy
and the discussion –
COMMISSIONER TAYLOR: But it's here. It's --
COMMISSIONER SOLIS: Right. But line by line means line
by line, word by word, and I think we can spend a lot of time --
CHAIRMAN SAUNDERS: Section by section --
COMMISSIONER SOLIS: -- on grammar.
CHAIRMAN SAUNDERS: -- or however you want do it. Issue
by issue.
COMMISSIONER SOLIS: I mean, let's talk about the policy
February 25, 2020
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issues, not necessarily the –
COMMISSIONER TAYLOR: Correct.
COMMISSIONER SOLIS: -- the words on the paper, because
we can spend a lot of time, and that's going to change.
CHAIRMAN SAUNDERS: All right. That's fine.
COMMISSIONER TAYLOR: Spoken by a true attorney.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN SAUNDERS: All right. We'll start with you,
then, Commissioner Solis --
COMMISSIONER SOLIS: Okay.
CHAIRMAN SAUNDERS: -- in terms of some of the issues
that you think should be included.
COMMISSIONER SOLIS: Yeah. I mean, I think some of the
speakers have raised a good point, several good points. One is, okay,
we understand that there may be difficulty in -- and I think
Commissioner McDaniel raised a good point about enforcement, and
that's going to be the challenge but, No. 2, I agree also that there has
to be fairness involved in that if a retail establishment is going to be
under certain requirements in the statute to -- regarding how many
weekly visits from a vet each animal is going to get, exercise, safety,
what's good for the goose has to be good for the gander. It's
fundamental fairness, I think.
We can't -- we can't just single out specific -- and we only have
a couple, right? They're all here in the room. We can't single out
businesses and exempt, you know, nonprofits, because there are
nonprofits, and then there are nonprofits, right? I mean, we all know
this.
So I think it has to be applied uniformly. So that's a real concern
to me, you know, with regard to vet visits, immunizations.
I think this issue -- and maybe we do need some expert opinions
from -- or some testimony from veterinarians as to when is it
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appropriate to spay or neuter a puppy, because that's going to affect
the policy that's in the ordinance directly, because if they can't be
spay or neutered at the time that they're sold because they're too
young, I agree with Commissioner McDaniel, we can't -- we can't
have in the ordinance that the purchaser is going to do this but then
put the obligation to see that that happens back on the seller of the
puppy. I mean, it -- that is just something that doesn't make sense to
me either, because it's virtually unenforceable.
You know, I also have a question as to the requirement that -- if
I go to a breeder -- and I've purchased all of my labs that I've had for
over probably 40 years, from breeders, very reputable breeders. I
never had the requirement to spay or neuter that animal when I
purchased it, and because -- in one example, because it was a
wonderful lab, and we actually bred the lab, and then I got one of the
puppies, and my family members ended up with puppies.
So to require somebody to spay or neuter an animal that they've
purchased when that also isn't completely uniform across the board, I
think, is just singling out specific businesses, and I don't
think -- fundamentally, I don't think that's fair, and I don't know that
that's fair to the consumer, because the assumption is that the
consumer is going to be irresponsible and that that animal is going to
be a stray. I mean, that's the assumption, right? I mean, that's the
assumption.
MS. ANDRADE: I'm sorry. Let me just touch on a couple
things. I know it was mentioned earlier that animals aren't sterilized
until much later. All county shelters, Humane Society, everyone is
required to do it prior to adoption. We do it at eight weeks of age.
Humane Society Naples does it at eight weeks of age. Gulf Coast
Humane Society does it at eight weeks of age. Lee County Domestic
Services does it at eight weeks of age.
We did put a provision in there, because once I said -- once
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again, I said the language came from the City of New York. They
had a provision in there up to four months of age. Our veterinarian
that's on our Animal Services Advisory Board did ask to have that
raised to one year of age. So that was at the direction of the
veterinarian who serves on the Animal Services Advisory Board. So
up to one year -- he said if a vet wants to do it at eight weeks, which
is what is standard practice for all the different agencies here i n state
of Florida, honestly, that's great, but he wanted to just put a provision
in there that if a veterinarian wants to wait a little longer, that they
could write a letter to allow up to one year of age.
COMMISSIONER SOLIS: Okay. So that's -- there's
some -- there's, then, conflicting opinions on that at least. But to my
point about the spay and the neutering requirement, that if somebody
purchases -- purchases an animal from a pet store, that it be spay or
neutered, I mean, there isn't that requirement to purchase an animal
from a commercial breeder that's not a retail store, right, or is there?
MS. ANDRADE: We don't have any commercial breeders in
Collier County.
COMMISSIONER SOLIS: They're all over Lee County. I
mean, the last -- the last breeder I got a dog from was in Lee County.
MS. ANDRADE: We've 22 registered hobby breeders, but
they're only allowed to breed two litters or less a year.
COMMISSIONER SOLIS: Okay. But we're going to require
them to spay or neuter any animal that they sell or give to somebody?
MS. ANDRADE: That was not discussed during the advisory
board meeting.
COMMISSIONER SOLIS: Well, this is a fundamental fairness
issue for me. I mean, if -- if it's -- if we're going to apply this
standard to businesses, it has to apply to everybody. It's just fairness.
And, you know, I think there are lots of tomatoes being thrown
around. And it seems to me that one of the tomatoes that has been
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thrown around that maybe -- at least I seem to see it is this
requirement makes the assumption that somebody that purchases an
animal from a pet store is going to be irresponsible and it's going to
become a stray, so it should automatically be neutered.
I mean, I think that's the way this is set up, and I don't think
that's fundamentally fair to not only these businesses but also an
owner. I mean, if I want to breed my dog responsibly, I think I
should be able to make that decision.
So I think this needs a lot of work. The fact that the businesses
here were willing to do, which I think was one of the requests, and
that was to handle their transportation themselves, I don't think that's
in the ordinance now, but I think that's a big concession, right? I
mean, that was something that was discussed before.
MS. ANDRADE: They brought it up that they transported their
own animals, but that was not added into our ordinance because how
can we verify that? Unless they call us and say we're getting
it -- we're getting a shipment of animals here, then we have to have
an animal control officer there to verify that it came in on their own
vehicle, so that was something the advisory board did not add into the
language.
COMMISSIONER SOLIS: Here's a question I have: Do we
have any numbers on how many of the animals that end up at DAS
are chipped when they get there?
MS. ANDRADE: I don't have an exact number for that. We do
get a lot of animals that are chipped.
COMMISSIONER SOLIS: But we don't have a number on
that? I think that's --
MS. ANDRADE: I don't have an exact number. I wasn't aware
I was going to get asked that question. I would say probably
30 percent of the animals who come in -- that might be a little bit
low -- are microchipped. I can't give you an exact answer to that.
February 25, 2020
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COMMISSIONER SOLIS: How many vet visits do the animals
in the animal shelter get on a weekly basis?
MS. ANDRADE: When we have a shelter veterinarian on staff,
they actually do medical rounds at least twice a day to physically
look at every single animal.
COMMISSIONER SOLIS: But they're on staff.
MS. ANDRADE: Humane Society as well.
And I want to give a little direction for that. That was actual
language that came directly from Petland, the three vet visits. That's
not something that we proposed. That actually came directly from
Petland; they proposed that.
COMMISSIONER SOLIS: Okay. I would like to understand.
So there was -- and I want to make sure that what I heard was correct.
There was a spot audit of one of the people that testified, and it was a
two-year audit of all the records?
MS. ANDRADE: That -- what happened is actually prior to the
October meeting, I was asked a question about if all the existing
businesses, which is essentially the one business, was in compliance.
Prior to that meeting, I did see that one of the businesses was not
submitting their required disposition reports. So at the request
of -- during the meetings with the commissioners, I actually created a
call for an officer to go verify that. That was done four days before
the BCC meeting. Unfortunately, for staffing reasons, that office
doesn't get out to do the inspection until afterwards.
COMMISSIONER SOLIS: But that was done, and there were
no violations.
MS. ANDRADE: That's not necessarily correct.
COMMISSIONER SOLIS: Okay. Well, then, I'd like to know
more about that.
You know, I think -- I think we have to balance this in a way
that I don't think we're there yet. And there's some fundamental
February 25, 2020
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fairness here that we have to have in how it impacts store owners,
consumers, and, you know, the nonprofits and DAS. I just don't
think we're there yet, and maybe it just needs more mulling over,
but -- and I -- you know, I'm the last person that wants to kick a can
down the road, but -- and this could affect a lot of different interests,
and I just don't think we're there yet.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, and I concur with most
of what Commissioner Solis said. I have a suggestion, because
I -- one of the things that I'm very well aware of is just
because -- and, again, it's been mentioned -- that the language with
regard to the veterinarian visits came from the folks at Petland. The
folks in the Puppies Online or whatever the name of the store is, they
weren't there to participate in that discussion. So whether it could be
good for them, if they weren't there, might not be good for them.
Our staff, Darcy, Mr. Carnell, our County Manager, are in an
unenviable position of having to develop an ordinance with obvious
differences of opinion on how things ought to go.
And one of my thoughts and one of my suggestions is if the County
Attorney is interested in volunteering is to take this away from staff,
Darcy, DAS, and allow the County Attorney to officiate with regard
to the suggestions and amendments to this particular ordinance.
Our County Attorney has already rendered an opinion that the
one in front of us is legally sufficient, and he can defend us to
whatever extent is possible, but there are -- as we saw in the
workshop, as we saw in the previous hearings, an enormo us amount
of politics and emotion, rotten tomato throwing from both sides with
regard to how this, in fact, ought to transpire, and the
suggestion -- with my suggestion with the continuance and -- would
be -- if the County Attorney were inclined, would be to take those
that are involved with -- directly with regard to this ordinance, take
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them out of that process from that decision-making standpoint to
maybe come to assemblance of order, assemblance of fairness that
protects the consumer, protects the animals that are being retailed,
and do it in that form and format.
Again, as I said at the beginning of the meeting, at the beginning
of this hearing, I've got a letter here from the Florida Association of
Club Kennels who have offered -- who work with -- who are hobby
breeders who work with people who are -- and do, in fact, breed
themselves -- not themselves -- you know what I -- run breeding
operations.
They've offered assistance here, and have -- and -- but have it
have -- have the actual drafting of this ordinance be done by someone
other than those who have brought this to us today, and my
suggestion is the County Attorney. He halfway is neutral, aren't you?
MR. OCHS: Mr. Chairman, I appreciate that recommendation.
You know, I would object to that. I mean, I'm responsible for
carrying out the day-to-day operation of this department. If I'm going
to be held accountable for what's in this ordinance, I would certainly
like to be involved in that process.
CHAIRMAN SAUNDERS: Mr. Ochs, there's only one
commissioner that's made that suggestion. I'm going to agree with
you, and I suspect that the majority of the Board will probably agree
with you. But we'll get there.
COMMISSIONER McDANIEL: You don't like that
suggestion?
CHAIRMAN SAUNDERS: Commissioner --
COMMISSIONER McDANIEL: I'm sorry.
CHAIRMAN SAUNDERS: He's already said he didn't like that.
COMMISSIONER McDANIEL: I didn't hear what he said.
CHAIRMAN SAUNDERS: Oh.
MR. OCHS: No, sir, I don't agree with pulling the staff or the
February 25, 2020
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manager's office out of the drafting of the ordinance.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: So going back to your original
suggestion, sir, I like the idea of going through this section by section
and seeing which sections we think need to be tweaked to see if we
have consensus on other sections. So that's what I'd to see us do.
CHAIRMAN SAUNDERS: All right. So we haven't heard
from Commissioner Fiala. I don't know how you want to proceed on
this, but we have two commissioners that just want to continue this.
If we do that, I have some comments I want to make. We have two
commissioners that would like to at least get into the substance of this
to some extent. You're the tie-breaker here, so how would you like to
proceed?
COMMISSIONER FIALA: I agree with them also. I just feel
we're not ready for prime time yet. I think we have a lot of things to
discuss, and I would like to see that happen. And --
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER FIALA: I think you were eloquent.
Everything -- everything that Commissioner Solis said I total agree
with, and the main thing is, it has to be fair. You stressed that a
number of times, and that's what's most important. And if this isn't
fair, then we need to go back to the drawing board and make it that
way. And so that's where I'm going with it. I would be happy to be
the third vote on that to --
CHAIRMAN SAUNDERS: All right. Let's continue the
conversation then, and just in generalities. Commissioner Taylor.
COMMISSIONER TAYLOR: Oh, may I? Thank you.
CHAIRMAN SAUNDERS: Yeah. We're going to continue this
item, but -- we're not going to go through this line by line or section
by section. But if you have some comments in general, let's entertain
those, and then we'll move.
February 25, 2020
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COMMISSIONER TAYLOR: Yes. I think if I could wave my
magic wand, it would be a prerequisite for all of my colleagues
individually to go and spend an afternoon with Mr. Kepp and see
what he does.
I also would like -- I do have some comments, but with the
indulgence of my colleagues, I'd like to bring the Humane Society
back up for a question.
CHAIRMAN SAUNDERS: Absolutely. We're going to try to
get as far down the path as we can here. So if you've got questions
for the people that spoke, that's fine. I may have a couple questions
for Mr. Planas.
MR. FOERSTER: Yes, ma'am.
COMMISSIONER TAYLOR: Mr. Foerster, it's been alleged
that the Humane Society is adopting out cancer-ridden dogs. Can
you address that, please?
MR. FOERSTER: While we have had dogs that have had
cancer in the past, we have fostered them out until they're either
cleared -- in this particular case, I believe, and I will not say with
100 percent certainty because I don't have the medical records in
front of me, that the dog had something called TVT, which is a
sexually transmitted disease that gets treated through chemotherapy
but is not actually a cancer.
COMMISSIONER TAYLOR: So --
MR. FOERSTER: I would also like to say just, if I may, we
would 100 percent agree to all of the inspections just like they would
get. We're happy and open -- our doors are open. We're an open
book, and we're willing to have inspectors come in any day of the
week, every day of the week. We've five veterinarians on the staff,
so we can get those three vet visits a week done no problem.
So if they want us to be regulated just like they are, we're fine
with that.
February 25, 2020
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COMMISSIONER TAYLOR: Thank you very much.
CHAIRMAN SAUNDERS: Commissioner McDaniel -- oh, are
you finished?
Commissioner McDaniel.
COMMISSIONER McDANIEL: And that was just exactly
where I was going with that, because it was recommended -- or it was
represented -- I have two statements. One for you.
MR. FOERSTER: Yes, sir.
COMMISSIONER McDANIEL: You are inspected?
MR. FOERSTER: Yes, sir.
COMMISSIONER McDANIEL: Who inspects you?
MR. FOERSTER: Domestic Animals Services does.
COMMISSIONER McDANIEL: Okay. And, also, does not the
Department of Agriculture or some other authority?
MR. FOERSTER: Yes. And we also -- all our veterinarians are
board certified, registered. They have to have licenses, just like any
other veterinarian would, because we run a full-service veterinary
clinic in addition to the veterinarians that work on our stuff for the
shelter animals.
COMMISSIONER McDANIEL: Very good. And my
point -- and I want to -- Leo?
MR. FOERSTER: Are you finished with me, sir?
COMMISSIONER McDANIEL: I meant no offense by what I
was saying.
MR. OCHS: I understand.
COMMISSIONER McDANIEL: What I was trying to do was
come up with a neutral party, not take staff out, not take DAS out, but
not have the -- have -- that wasn't my intent with that. If you took
offense to that statement, I apologize, be cause I by no means meant
that. All I was looking to do -- because I can see -- I can see the split
with regard to many masters in trying to come up with --
February 25, 2020
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MR. OCHS: Sure.
COMMISSIONER McDANIEL: -- something that's a tenable
agreement, and I thought having a semi-neutral party was an avenue
to go. Got it?
MR. OCHS: Yes, sir. Thank you.
CHAIRMAN SAUNDERS: Commissioner Taylor, you're still
lit up. Do you have some other comments?
COMMISSIONER TAYLOR: Yeah. Just one thing. This isn't
about a dog being purchased from a pet store going astray. This is
about a dog being purchased by a pet store, and then the owner of
that dog deciding, you know, Jane makes a lot of money selling do gs.
I could breed my dog and sell them, and it doesn't work out because
the dogs can't be sold or there's a problem. There's a lot of puppies
around. Then they're dropped in neighborhoods. I know that,
because I've had dogs and cats dropped in Lake Park on many, many
occasions.
And one dog was dropped. The collar on that dog's neck was so
tight that it was frantic, and I was able to lure the dog with food and
cut the collar, and that dog just lay his head on my lap because he
was suffering so much. This is about what happens to animals that
are not cared for, not the ones that are purchased, and that's why this
breeding issue is so important and the neutering issue.
And I didn't mean this facetiously. I really -- or maybe
Mr. Kepp could just sit there and talk to you about what he's sees a
daily basis of animals that are unwanted that are turned out. The
classic case, of course, is because we live next to the Everglades, if
you don't want your cat, just bring him out in the Everglades. He'll
survive. My neighbor got two kittens that were dropped in the
middle of the Everglades like that.
There's a lot of well-meaning but careless handling of animals.
And what happens to that? It becomes the taxpayers' debt because
February 25, 2020
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it's not the pet stores that get -- that finally get the final bill. It's us as
taxpayers. And if we don't teach responsibility and start here with
dogs and cats in our community, then the proliferation of 501(c)3s
and Humane Society will remain, because they're the ones who take
the unwanted dogs. They're the ones who take the throwaways, the
dogs that are dropped in dumpsters, and I've seen that, too, in Collier
County.
So don't think it happens somewhere else. It happens here, and I
think as we proceed in this ordinance, we have an opportunity to
make it as tight as we can so that the welfare of the taxpayer and their
budget and their wallet is preserved.
Thank you.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. Just to finish up what I had
started to say as I was agreeing, actually, with Commissioner Solis,
and that is that we should -- as you arrange these first few meetings to
go back to the drawing board just one last time, make sure you invite
veterinarians. I don't think just one particular, but, you know,
anybody who wants to come -- and maybe a couple will. I don't
know. But I would want to not just select who they want. You
know, let a vet -- whoever wants to come to the meeting also.
Thank you.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And since -- where did
she go? Since we're talking about things that are important to us with
regard to this new ordinance, I would really like to see -- I mean, it's
been represented by a lot of folks as I said earlier, about the
enforcement aspect of things, and I'd like to see some teeth put into
those violations in some form or format.
I also wanted to ask a question and maybe -- and I don't want to
ask particularly anybody in regard to this, but what I thought was a
February 25, 2020
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pretty cool idea was -- and it was mentioned to me by somebody very
wise about a cooling-off period. It was -- you know, there was a
discussion when we had the hearing of folks who enter into retail
purchase agreements and having an opportunity to have a cooling-off
period after the emotional aspect and the realization to try to maybe
deter that necessarily improper decision with a return policy of sorts
along -- and provide for consumer protection. We had a gentleman
who came and spoke to us today to enhance the consumer protection
side. So explore that while we're going through the redo on this
ordinance with those that are conducting business and those that are
adopting as well, an opportunity of a cooling-off period, if you
would, to allow for enhancement of consumer protection.
I'm just looking to make sure when I was writing my notes -- I
think -- I think that's sufficient.
CHAIRMAN SAUNDERS: All right. I've got a couple
comments. First of all, I've gone through this ordinance; I've gone
through the comments. I think, quite frankly, we're 95, 98 percent of
the way there. I think most of what is in this -- and the reason I
wanted to kind of go through this, I think most of what's on this piece
of paper we're going to continue to wind up with.
We've given staff some direction in terms of some philosophical
issues. I agree with Commissioner McDaniel in terms of a
cooling-off period, however that would work. I know if you finance
an acquisition, I think there's a cooling-off period automatically, but
that's an area to look at.
One of the speakers even acknowledged, I think it was
Mr. Planas said, you know, we're close, but we're not there yet. I
think that that -- we are a lot closer than maybe this dialogue would
indicate.
The issue of what time period is it that you spay and neuter
animals, it seems to me that that's just a number that some
February 25, 2020
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veterinarians can tell us, whether it's eight weeks or six weeks or one
year, whatever -- you know, that's a fairly -- should be a fairly simple
thing to ultimately determine.
I assume staff took a look at the Hillsborough County ordinance.
And that may be something, if you haven't, to look at. But I think
what staff has put together -- I want to make the comment that I think
what staff has put together is thorough, it's -- I think it's fair, and I
think it's a good ordinance, and it needs some tweaking perhaps.
So the next question is: What process do we want to go through
to have this ordinance tweaked? There's been comment about having
another workshop, and I assume that the majority of the Board would
like to have staff conduct another workshop. I would ask staff to
specifically get some names and numbers from people that are in the
audience now. If you'll give us those names and numbers, we'll make
sure that you're contacted directly, if you give us your emails before
you leave today.
I don't know how long it will take staff to set up that type of a
workshop, but -- and then we would advertise this ordinance and
bring it back. So I suspect that we're going to be somewhere into
probably the summertime before we get to this, would be my guess.
We may have a workshop in March or early April, or whatever
time period it takes, but then we have to advertise it and bring it back.
So we're going to at least be in April/June, April/May time frame. So
during that -- and until that time, we're not going to have an
ordinance on the books other than what we already have.
Any discussion as to the process, or is that the process we want
to follow?
COMMISSIONER SOLIS: I mean, that sounds like a go od
process to me.
COMMISSIONER McDANIEL: Sure.
CHAIRMAN SAUNDERS: And we need a motion to continue
February 25, 2020
Page 89
this with direction to staff to conduct another public hearing, another
workshop. I want to make sure the County Attorney is participating
in that, because he's going to be doing the drafting. But it will be led
by our staff and the County Manager's Office. Is there a second?
COMMISSIONER SOLIS: I'll second that.
CHAIRMAN SAUNDERS: We have a motion and a second.
Call for the vote. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
Aye.
Passes 4-1.
Item #10A
RESOLUTION 2020-38: APPOINTING TWO COMMISSIONERS
AS REGULAR MEMBERS, AND THREE COMMISSIONERS AS
ALTERNATE MEMBERS, FOR A ONE-YEAR PERIOD ON THE
VALUE ADJUSTMENT BOARD – MOTION TO APPOINT
COMMISSIONER SAUNDERS AND COMMISSIONER SOLIS
AS REGULAR MEMBERS WITH THE REMAINING
COMMISSIONERS AS ALTERNATES – ADOPTED
MR. OCHS: Commissioners, we move to Item 10A this
morning. It's a recommendation to appoint two commissioners as
regular members and three commissioners as alternate members for a
period of one year on the Value Adjustment Board. Just remind the
Board, currently Commissioners Solis and Saunders are serving as
regular members of that board.
February 25, 2020
Page 90
CHAIRMAN SAUNDERS: I have no problem in continuing to
serve. I think there was one meeting in July that I cannot attend, and
I think, Bill, you owe me at least one meeting coverage.
COMMISSIONER McDANIEL: Yeah, I believe it was one
meeting -- yes, sir, at least one.
COMMISSIONER SOLIS: And I'd be willing to serve again as
well.
COMMISSIONER McDANIEL: I think -- and you're talking
about when you were on the --
CHAIRMAN SAUNDERS: I was in a --
COMMISSIONER McDANIEL: -- canvassing committee?
CHAIRMAN SAUNDERS: Yeah. I was in a pub in Ireland
with Mr. Solis.
COMMISSIONER McDANIEL: Mr. Saunders --
COMMISSIONER FIALA: What were you doing?
CHAIRMAN SAUNDERS: I was in a pub with Mr. Solis in
Ireland. You know the pub that we all go to.
COMMISSIONER McDANIEL: I was out of town on a
canvassing board, and Commissioner Saunders stepped in, and that
was during all that recount and everything else. And I --
CHAIRMAN SAUNDERS: Yeah. You owe me quite a few for
that one.
COMMISSIONER McDANIEL: Yeah. I was just going to say
when -- I stumbled when you said I only owed you one meeting.
CHAIRMAN SAUNDERS: All right. So we need to continue
the appointments as --
COMMISSIONER McDANIEL: I'd make a motion to
continue --
CHAIRMAN SAUNDERS: Is that okay with you?
COMMISSIONER McDANIEL: -- on with those, and the rest
of us serve as alternatives, as has been suggested.
February 25, 2020
Page 91
COMMISSIONER FIALA: Second the motion.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: It passes unanimously.
MR. OCHS: Mr. Chairman, we've got 11A next, which would
be the discussion of your budget policy. That may go longer than
your lunch hour. If we could get to some of these others --
CHAIRMAN SAUNDERS: Well, let me make a suggestion.
We have a lunch meeting at noon with --
MR. OCHS: Yes, give yourselves --
CHAIRMAN SAUNDERS: -- the students, and we've got to get
over there. So why don't we break for lunch. How long do we need
to have for a lunch break? Is that going to be until 1:00?
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: All right. Then we'll break until
1:00 for lunch.
(A luncheon recess was had from 11:48 a.m. to 1:00 p.m.)
CHAIRMAN SAUNDERS: Mr. Ochs, we're back in session.
MR. OCHS: Yes, we are.
Item #11A
RESOLUTION 2020-39: ADOPTING THE FY2021 BUDGET
POLICY – ADOPTED
Mr. Chairman, we're on Item 11A. This is a recommendation to
February 25, 2020
Page 92
adopt the Fiscal Year 2021 budget policy. Mr. Isackson.
MR. ISACKSON: Good afternoon, Commissioners. For the
record, Mark Isackson with the Office of Management and Budget.
We're here together for our annual conversation in advance of our FY
2021 budget planning. I will say that the process, at least in my
office, started well before we even adopted the FY '20 budget, so
we're six months into '20, and we're ready to go and roll on '21.
If I can make a couple of suggestions on procedure, certainly up
to the Board to agree or not, but the most important decision you
make out of the 52 pages in this policy document, they tried to do the
reverse -- the reduced version of the PowerPoint -- is millage rate.
So maybe we talk a little bit about millage rate, and then
everything else cascades, essentially, from your millage rate policy
when we start preparing the budget document, and rather than going
through 34 pages in a PowerPoint, maybe I'll make some initial
observations on our tax base and then open it up to the Board for
questions on specific topics, some of which we covered in our
one-on-one sessions. We'd be happy to answer some of those.
That said, we're planning this '21 budget document right now
around a 3 percent increase in the tax base. As you know, last year
the tax base went up 5.4 percent. We think planning around
3 percent gives us the flexibility that we need to adjust to any
changing conditions that might occur between now and at least June
when we get the first tranche of taxable value from the Property
Appraiser, and we can adjust accordingly once we see the new
figures come in.
The tax base has been relatively stable. The state believes that
over the next five years we'll be in the low to mid fives over the
course of that period of time. I take a slightly dimmer view of that.
And I do believe we have to be positioned both organizationally in
my office for a downturn at some point in time. It's going to happen.
February 25, 2020
Page 93
It's just a matter of when. Will it be as severe as 2008? Probably not.
But considering that our tax base is -- our taxable value is
roughly 88 to 90 percent residential and property taxes comprise 65
to 70 percent of our General Fund, being prudent on the 3 percent
planning scenario, I think, is the way to go. We're proposing to keep
the millage rate in the General Fund the same at 3.5645 per thousand
dollars of taxable value, and we're also proposing to maintain the
unincorporated area tax rate at .8069 per thousand dollars of taxable
value. That's the recommendation from myself and from the County
Manager.
And I know you probably have a lot of questions or some
questions regarding the document. We've briefed you on it. You've
read it. I'm even encouraged to see some of the public has read our
documents, so...
I'll open it up for questions.
CHAIRMAN SAUNDERS: No one has indicated a desire at
this point to -- are there any questions? Mr. McDaniel.
COMMISSIONER McDANIEL: I only -- in my reading of the
document -- and I appreciate the conservative approach for the
3 percent estimate of growth, and it potentially could be greater than
that. What will we do with that excess? I wasn't able to actually
discern where that was -- if, in fact, your 3 percent estimate was low
and it came in at 5, at 5 and a half, where do we appropriate those
excess dollars?
MR. ISACKSON: Well, I think there's two responses. Number
one is we're yet to know what the Sheriff is going to play at. We
don't know that. Is the Sheriff going to play at 3 percent? Is he going
to play at 4? How much money -- additional money is he going to
want for his school safety officer program. We'll know that certainly
in May. And as we unveil the June docket, if there are increases
above that 3 percent planning scenario, you'll certainly know it, and
February 25, 2020
Page 94
we will tell you exactly where our recommendation is that that
money be placed.
And then during discussions in the workshop, the Board would
have an opportunity then to agree or disagree or tell staff in some
guidance in some different direction, so...
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Well, I, again, want to
compliment the County Manager and Mr. Isackson for a very
readable, very digestible document, and I think that's why the public's
reading it, because you make it so that you can understand it. But I
also want to compliment you, sir, County Manager, for your initiative
to increase the reserves and also for the concept of putting money
aside for maintenance and going forward. I think that's critical. We
are very lucky in this county to have a senior staff who have waited,
in a way, or tranched through the downturn. And you know you've
not left that far from your memory. And you're preparing the county
for the future.
And with all of the things we've got in front of us with a
$2 billion budget, we are really -- I think you're preparing us for a
strong and as much as can be secure future, and I wanted to
compliment you on that.
CHAIRMAN SAUNDERS: All right. Any other comments
from the Board? Do we have any registered speakers?
MR. MILLER: We do not, sir.
CHAIRMAN SAUNDERS: All right. Then you need a -- I'm
sorry. Commissioner McDaniel.
COMMISSIONER McDANIEL: I'm going to make a motion if
you want, or do you want it --
CHAIRMAN SAUNDERS: No. I just wanted to make sure we
make the motion --
MR. ISACKSON: Mr. Chairman, if I may, I would entertain a
February 25, 2020
Page 95
motion to approve the millage rate recommendation first and then a
motion on all the other policies that are recommended, second, and
then, third, there's a resolution in the packet that requires the Clerk,
Supervisor of Elections, and the Sheriff to submit their budgets on
May 1, and then we're also suggesting that we have our June
workshop dates, and our September public hearings are also in there.
So you could probably combine those. So there's, like, four actions
that we'd like you to take.
CHAIRMAN SAUNDERS: All right. Commissioner
McDaniel, did you want to make a motion on all of those or --
COMMISSIONER McDANIEL: Sure. And just, as a point of
clarification, we're giving direction as policy for setting the millage
rate. We're not setting the millage rate as of today, and it's just an
important clarification. We're all aware of it, but I just wanted to
make sure that -- I wanted to make that clarification, if I could, so...
CHAIRMAN SAUNDERS: We ultimately set the millage rate
in September, so we've got plenty of opportunity to --
COMMISSIONER McDANIEL: June, I think. Isn't it June?
MR. ISACKSON: You set your maximum millage rate --
MR. OCHS: Maximum rate in July, and then your final in
September.
COMMISSIONER McDANIEL: In September, correct.
CHAIRMAN SAUNDERS: All right. Any other questions or
comments?
(No response.)
CHAIRMAN SAUNDERS: We have a motion. Is there a
second?
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. That's to do all of the four things, I think, that were outlined.
MR. OCHS: Yes.
February 25, 2020
Page 96
MR. ISACKSON: That's fine.
CHAIRMAN SAUNDERS: If there's no discussion, all in
favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MR. ISACKSON: Thank you, Commissioners.
MR. OCHS: Thank you, Mark.
Item #11B
APPROVING GRANT AGREEMENT #H0419 WITH THE
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
(FDEM) FOR “COLLIER COUNTY FIFTY-THREE (53) PUMP
STATION GENERATORS,” UNDER PROJECT #33667,
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS – APPROVED
Item 11B is a recommendation to approve a grant agreement
with the Florida Division of Emergency Management for 53 pump
station generators, authorize the Chairman to sign the agreement, and
authorize the necessary budget amendments.
Commissioners, this is obviously a good-news item. Grant money's
come forward to allow us to build up our resiliency in our utility
system. The amount of match is over a million dollars, and that's
February 25, 2020
Page 97
why this is on your regular agenda. So we're available for
presentation or to respond to questions.
COMMISSIONER SOLIS: Move for approval.
CHAIRMAN SAUNDERS: Commissioner Taylor, your light's
on.
COMMISSIONER TAYLOR: Just a couple of questions. Help
me with my math. I believe that with this 53 pump station generators
added to what we have, we have a total of 128; i s that correct?
MR. STEVENS: Just for the record, my name's Mike Stevens.
I'm a principal project manager in public utilities.
And yes -- actually, if I scroll down here in the presentation.
This is a good display of, you know, where we were, where we 're
going, and where we're at currently.
COMMISSIONER TAYLOR: Okay. So it's 208 we have?
MR. STEVENS: That would -- yes. At the -- at the end of this
project, we would have 208. This project, along with a surtax
generator project that was approved, we would end up with 208.
COMMISSIONER TAYLOR: And -- but we have 846
wastewater pump stations.
MR. STEVENS: Yes. In 2017 we had 846 pump stations.
COMMISSIONER TAYLOR: Okay.
MR. STEVENS: Correct.
COMMISSIONER TAYLOR: So are you getting enough
money to do this? And this is not a criticism at all for Collier County
Water/Sewer Division. It's not a criticism. I'm just asking, do yo u
need more? What's the plan? Is the goal to do 100 and -- which
seems incredible, 146, or when -- when do you kind of meet that part
that everybody says they can -- okay, we can handle this. I know you
can handle it now, but, you know where I'm going with this?
MR. STEVENS: Well, we do have the funding. So the 32
surtax generators that were approved, we have the funding for that.
February 25, 2020
Page 98
That was 3.5 million, and then with the FEMA grant -- I mean, to be
honest, four-and-a-half million might be a little short for what it
would take to put 53 generators in, to install them. But we can work
with the Florida Department of Emergency Management on scope
and economic modifications to the agreement if need be.
COMMISSIONER TAYLOR: Okay.
MR. OCHS: Commissioner, if you're asking do we have
enough backup power on the major lift stations, you know, that
obviously is the goal. But remember, in addition to the backup
generation in pumps, we also employee contractors during
emergencies where they come out with trucks. And we can pump
down a particular lift station if we need to on a temporary basis until
we can get a portable generator.
So, again, it's trying to figure out what's the sweet spot in terms
of how much investment we make in these permitted generating
stations and the backup systems and how much we can do on a
case-by-case basis given those other resources that are available.
But I appreciate the question. It's an excellent one. And we
continue to try to find that sweet spot.
COMMISSIONER TAYLOR: All right, yeah. Okay, good.
Thank you.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Just a side note. I'm wondering if
the gas stations have now started to comply with getting their
generators, because that seemed to be one of the major problems.
MR. STEVENS: Yeah, I'm not familiar with that.
MR. OCHS: Yeah. The law does not require them to have
backup generators. It does require them to install a switch that allows
them to hook up a backup generator. So you've adopted a local
ordinance that gets them as far as they can go under your
authorization, but we can't require all of those stations to put backup
February 25, 2020
Page 99
generation in.
COMMISSIONER FIALA: Thank you.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Don't we require it on
new stations now? I thought we had made a decision on new
stations.
MR. STEVENS: Yes, we updated in --
COMMISSIONER McDANIEL: New stations we did, but we
couldn't impose it upon the old ones.
MR. STEVENS: Yeah. We updated the utility standards.
COMMISSIONER McDANIEL: Of course, yes, correct. I
think -- and again, that's a separate subject matter. I want to make a
motion --
MR. OCHS: Yeah. We're talking about two different things,
sir.
COMMISSIONER McDANIEL: Okay.
MR. OCHS: You were instrumental in encouraging us to update
our utility standards to apply them to all new developments, which
we've done for wastewater. But for gasoline stations, we still can't
require that.
COMMISSIONER McDANIEL: I'd like to make a motion for
approval.
CHAIRMAN SAUNDERS: All right. We have a motion. Is
there a second?
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: Any discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
February 25, 2020
Page 100
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MR. STEVENS: Thank you.
Item #11C
AGREEMENT NUMBER 19-7494, IN THE AMOUNT OF
$1,058,378, WITH JACOBS ENGINEERING GROUP, INC., FOR
“PROFESSIONAL DESIGN AND RELATED SERVICES FOR
VANDERBILT BEACH ROAD WIDENING FROM EAST OF US-
41 TO EAST OF GOODLETTE-FRANK ROAD (PROJECT NO.
60199),” AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT – APPROVED
MR. OCHS: Item 11C is a recommendation to award a contract
in the amount of $1,058,378 to Jacobs Engineering Group for
professional design services for the Vanderbilt Beach Road widening
from east of U.S. 41 to east of Goodlette-Frank Road.
COMMISSIONER SOLIS: Motion to approve.
COMMISSIONER McDANIEL: Second. We were waiting for
you.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. If there's no discussion, all in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
February 25, 2020
Page 101
CHAIRMAN SAUNDERS: That passes unanimously.
Thank you very much.
MS. MESSAM: Thank you, sir.
COMMISSIONER SOLIS: Thank you for getting this done.
Item #11D
AWARDING INVITATION TO BID (“ITB”) NO. 20-7684,
THOMASSON DRIVE BEAUTIFICATION PROJECT TO
WRIGHT CONSTRUCTION GROUP, INC., FOR THE BASE BID
IN THE AMOUNT OF $6,022,618.68, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT AND
AUTHORIZE NECESSARY BUDGET AMENDMENTS –
APPROVED
MR. OCHS: Item 11D IS a recommendation to award a contract
for the Thomasson Drive beautification project to Wright
Construction Group in the base bid amount of $6,022,618.68 and
authorize the Chairman to sign both the attached agreement and to
authorize necessary budget amendments.
CHAIRMAN SAUNDERS: All right. Any questions for our
staff?
MR. OCHS: This is going to be a great improvement to
Thomasson Drive with a nice roundabout there right at Bayshore and
Thomasson. So the MSTU and the CRA have been working together
on this for several years. We're excited to move it forward.
CHAIRMAN SAUNDERS: We just need a motion to approve
then.
COMMISSIONER FIALA: I make a motion to approve.
COMMISSIONER TAYLOR: I'll second it.
CHAIRMAN SAUNDERS: We have a motion and a second.
February 25, 2020
Page 102
COMMISSIONER FIALA: And let me just make a quick
comment, and that is the community all around there was really upset
about having a roundabout. They didn't want it. There's a lot of
boats going through, da, da, da, da, da. Well, you find everybody's
working together, and they're now very supportive. So whatever
you've done, you've done it right.
MS. FORESTER: Thank you.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MR. OCHS: Thank you, Commissioners.
Item #11E
AWARD INVITATION TO BID NO. 20-7699 TO ONE SOURCE
CONSTRUCTION COMPANY AND BUILDERS, INC., FOR THE
“CLAM PASS PARK RESTROOM EXPANSION AND
BOARDWALK MODIFICATIONS,” IN THE AMOUNT OF
$1,871,210, AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM – APPROVED
That moves us to Item 11E. This is a recommendation to award
a contract to One Source Construction Company and Builders
February 25, 2020
Page 103
Incorporated for the Clam Pass Park restroom expansion and
boardwalk modifications in the total amount of $1,871,210 and
authorize the Chairman to execute the agreement and to make a
finding that this item promotes tourism.
Mr. Williams is available to --
COMMISSIONER SOLIS: Motion to approve.
COMMISSIONER McDANIEL: Second.
COMMISSIONER TAYLOR: But could we see a picture of it
first? I want to see what these --
MR. WILLIAMS: I thought you might ask.
COMMISSIONER TAYLOR: -- what the loos look like.
COMMISSIONER McDANIEL: The loos. Sorry, Terri.
MR. WILLIAMS: Barry Williams, Parks and Recreation
director.
Commissioner, do you want to see a --
COMMISSIONER McDANIEL: Picture.
MR. WILLIAMS: The restroom or --
COMMISSIONER TAYLOR: The restrooms.
MR. WILLIAMS: Yes, sir.
COMMISSIONER SOLIS: The rendering for the new restroom,
right.
COMMISSIONER McDANIEL: Yeah. We already know what
the ones that are there look like.
COMMISSIONER SOLIS: No need to show us the current
ones.
COMMISSIONER TAYLOR: One each side. That's very
good.
MR. WILLIAMS: Let me invite our project manager up to give
you a little bit more detail on the restrooms.
MR. CHERBINI: Good afternoon, Commissioners. my name is
Michael Cherbini. I'm the project manager for Parks and Recreation.
February 25, 2020
Page 104
The current facility actually only has two facilities, if you will,
and at that point only two stalls, and one is a one -stall, one urinal.
That is going to be reduced down to one so that we're now going to
make that a family-friendly in addition to ADA-compliant restroom,
and then we're going to add about seven more facilities, if you will,
depending on whether it's a -- which way we're going. It's going to
be three urinals and four stalls or seven urinals on the other side.
Literally, four times.
COMMISSIONER TAYLOR: And they'll be separated. The
same -- you've got -- not the same footprint, but the same
architectural directions so that women are on one side. Okay.
Because I didn't understand that.
MR. CHERBINI: Yes, ma'am.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second to approve. All in favor, signify by -- oh, I'm sorry. We have
a registered speaker?
MR. BEYRENT: I didn't know. I wasn't aware of it until just a
little while ago.
CHAIRMAN SAUNDERS: Okay. Go ahead. You have three
minutes, but if you fill out a speaker card.
MR. BEYRENT: Do I have to sign for my three minutes? I'll
only take a minute.
CHAIRMAN SAUNDERS: Just go to the microphone.
MR. BEYRENT: Okay.
CHAIRMAN SAUNDERS: Take your minute, but then fill out
a slip so we have a record of that.
MR. BEYRENT: Thank you very much.
I just -- I have no objection to this design plan unless it violates
my 1986 settlement agreement with Burt Saunders. Remember way
back then? It's a long time; 1986. You were the county attorney, and
I sued the county. I sued the Can American Seagate Corporation. I
February 25, 2020
Page 105
sued the Westinghouse Corporation, the DER, the EPA, and five
federal agencies, and we settled with a DER relative to a design plan
on this, the Clam Pass. That's why there's -- you have my now
famous draw bridge, okay.
CHAIRMAN SAUNDERS: On that drawbridge --
MR. BEYRENT: So I couldn't get my sailboat out. Oddly
enough, of course, the judge gave my property to my ex-wife and my
children because they never liked me that much. I'm talking about
the judges, okay.
The long and short is, there was a written settlement agreement
that was orchestrated and approved by the County Commission, and
the attorney was Burt Saunders. But it was basically Phil Edwards,
the DER. It was his decision not to build a pier one-and-a-half times
the length of our city -- existing city pier that extended out of the
back of the hotel. At that time it was called the Registry Resort
Hotel. And the boardwalk extended all the way out to Clam Beach.
It went all the way across the southern end.
Unfortunately, that's where my dock was. So it was kind of like,
I didn't want to look at the side of a pier, and I sued the county, and
Burt actually wrapped the whole deal up. And whatever the deal says
is good to go as long as it conforms to the settlement agreement. And
that basically was Phil Edwards. I don't know if anybody remembers
him. But he was the head of DER, and we determined that the grass
beds in the southern end of Clam -- what do they call it? Lower
Clam Bay; that they were going to be destroyed by too much use of
people.
And only the navigable channel, which I had declared by the
U.S. Coast Guard as a navigable channel, would allow people -- the
poor white people that live in Seagate, they could take their little
boats out through the Clam Pass. So as long as it doesn't violate the
agreement, I've got no problem. I haven't even seen the boardwalk
February 25, 2020
Page 106
portion. Are they going to take away my drawbridge or -- no?
COMMISSIONER SOLIS: Just adding a bathroom.
COMMISSIONER McDANIEL: We're just redoing the
bathrooms.
MR. BEYRENT: Oh, that's it. I thought it was a -- I looked at
the print. I said --
MR. OCHS: Yes, we're going to replace the old boards in the
boardwalk.
MR. BEYRENT: Very good. Thank you very much.
CHAIRMAN SAUNDERS: All right. Then we have a motion
and a second, I believe. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
COMMISSIONER SOLIS: It's going to be a big deal for folks
enjoying Clam Pass Park.
MR. WILLIAMS: Good.
Item #11F
RECONSIDERING AUTHORIZATION OF PAYMENT OF THE
ANNUAL ASSESSMENT FEE FOR COLLIER COUNTY’S
MEMBERSHIP IN THE SOUTHWEST FLORIDA REGIONAL
PLANNING COUNCIL (SWFRPC), IN THE AMOUNT OF
$110,204 FOR FY20. (SEAN CALLAHAN, CORPORATE
BUSINESS – MOTION TO DENY PAYMENT – APPROVED
February 25, 2020
Page 107
MR. OCHS: Item 11F is a recommendation to reconsider
authorization of payment of the annual assessment fee for Collier
County's membership in the Southwest Florida Regional Planning
Council in the amount invoiced at $110,204 for Fiscal Year '20.
CHAIRMAN SAUNDERS: All right. I believe we had some
questions for staff to evaluate, and I know Commissioner McDaniel
had some comments.
So, Commissioner McDaniel, do you want to hear from staff
first?
COMMISSIONER McDANIEL: Sure. I meant yes, sir.
CHAIRMAN SAUNDERS: All right. I think one of the
questions was, what's Lee County doing? What are the other
municipalities doing in terms of that one -year notice and that
payment?
MR. CALLAHAN: Sure. So, Sarasota, Lee, and Charlotte
County all withdrew at various times in 2017. They all provided a
12-month notice to the RPC and then paid those dues for the
preceding [sic] 12 months. I believe that was the question that the
Board asked of staff to bring this back.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: You want me to go first?
COMMISSIONER TAYLOR: Yeah, you go first.
CHAIRMAN SAUNDERS: She was lit up from another time,
but it just hasn't been taken off.
COMMISSIONER TAYLOR: I was lit up from another time.
CHAIRMAN SAUNDERS: Now you're gone.
COMMISSIONER McDANIEL: I'm ready to go.
I'm going to make a motion that we not continue on with the
payments as of now. I am the one that has lobbied our board to go
forward to continue to make these payments on the notion of the
support of the Promise Zone predominantly, and I see no valid reason
February 25, 2020
Page 108
to continue -- in the manner currently to continue to expend our
taxpayers' money.
CHAIRMAN SAUNDERS: Is there a second to that motion?
Commissioner Taylor.
COMMISSIONER TAYLOR: I think I'd like to provide a
different look at it. When the Promise Zone came and when
Immokalee realized it was part of the Promise Zone, there was a big
meeting out there. And I remember we were all very excited, but I
remember I asked specifically, quietly to the gentleman who headed
it from the federal government, does this mean we get money?
He said, no, this means that the grants that come in to you that
you want will get preference, will get a look at first, but there's no
guarantee that you're going to get any money from it.
And I think the problem, of course, has been, I think, with the
Promise Zone -- I mean, I believe the RPC has secured some grants,
but things kind of fell apart for various and sundry reasons.
And then we had a new administration, and that new
administration is not interested in the Promise Zone. Matter of fact, it
was said at the time, you know, get your grants in right away,
because with a new administration, who knowns who it's going to be,
but if it's Republican, forget about the Promise Zone. This was -- this
was under Obama.
So the political framework was set at that time, and they
were -- it was accurate, because now we have the opportunity zones,
and it's a different kind of looking at things. It's more development
orientated. It's more developing land rather than individuals putting
forth grants for specific things like the -- I believe the shelter got a
grant from the Promise Zone up in Immokalee. There's been
different things.
I think that, for whatever it is, we're not going to be in the RPC
anymore, but I think -- I think it's just good policy to give them the
February 25, 2020
Page 109
balance of this year. And I think they've done a good job. Could
they have done better? Yes. But I think it's a -- I just think it's an
organization that's really found its demise. And I think it's been a
slow -- it's been a death of a thousand cuts. And I think right now I
would feel better as a commissioner just saying, you know, well
done. We're not going to be participating anymore. You're not going
to get another year's due, but I think it's time to -- I think at least we
can do that for them.
CHAIRMAN SAUNDERS: No one has indicated -- I'm going
to make a quick comment. I agree with Commissioner Taylor. We
have a contract that says we give them 12 months' notice and we pay
that fee.
I don't like wasting taxpayer dollars, but I do believe that we
expect people to comply with their contracts when we contract with
them, and I think the least we can do is comply with our contracts,
and I think that's essential. They're still in business, and so I would
not support that motion as well. Is there a -- see if there's a second to
the motion.
COMMISSIONER FIALA: I'll second the motion.
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER FIALA: I agree with you. I was just
wondering if we've given them their 12-month notice.
CHAIRMAN SAUNDERS: The motion right now is to not give
them the 12 months' notice in terms of the payment.
COMMISSIONER FIALA: Oh, I'm sorry. No, I withdraw that.
CHAIRMAN SAUNDERS: Okay. So we have a motion. I
don't believe there's going to be a second to that motion unless
Commissioner Solis is about to --
COMMISSIONER McDANIEL: Am I allowed to hit my button
again? I have a different skew.\
CHAIRMAN SAUNDERS: Commissioner McDaniel.
February 25, 2020
Page 110
COMMISSIONER McDANIEL: If I may. I've been our
representative on the RPC since I became your -- became a county
commissioner.
I would like to share a quick story with you that's deeper than
the Promise Zone. I had lobbied to continue our support -- financial
support for the RPC because of the existence of the Promise Zone.
There's relevancy issues that are going on with this organization
that have been going on since I became a member of the RPC. Last
year Brian Hammond, the county commissioner from Lee County,
after his election, was appointed by the Board of County
Commissioners of Lee to come back.
We have a line item on the agenda of the RPC that says
relevancy. I served on a relevancy committee for over a year to
adjust the bylaws and the charter for the organization of the RPC.
Guess how many changes have been effectuated? Zero.
Brian Hammond shows up to his first meeting after he's been
away for a while as a commissioner and says, I was on this RPC six
years ago, and we were talking about relevancy, and here I am today
and you've actually moved it up as a line item in the agenda as
relevancy. And I have to say, he has not been back since.
Now, if it is the will of the Board to continue to pay, then,
necessarily, so be that. I think we have done over and above our part
in supporting this organization that is unwilling to adjust what it
needs to do to provide relevancy for the folks that are paying for its
existence. We've done far and above what we should be -- what we
should have had to have done.
I wanted to continue on with that financial support in hopes that
we could garner some benefits out of the Promise Zone. But this is
more of a relevancy issue to me. This is more of an expenditure -- a
waste of our taxpayers' money in supporting this organization as-is.
And I concur with Commissioner Taylor, it's past time for that
February 25, 2020
Page 111
organization to have made adjustments to provide relevancy for
people that are members of it, and that's why I'm not in support of
continuing paying any more.
CHAIRMAN SAUNDERS: Okay. Commissioner Solis.
COMMISSIONER SOLIS: I just -- I think it -- it's a good point
to make that Charlotte, Lee, and Sarasota Counties, they're not doing
the same thing now. They did this two years ago -- three years. In
2017 they quit paying.
COMMISSIONER McDANIEL: Sarasota started first. Then
when they jumped, then Lee and Charlotte came along.
COMMISSIONER SOLIS: Right. And I think that
Commissioner Taylor's and Commissioner Saunders' points is well
taken. If we have an agreement that -- you know, I'm one for always
living up to the agreements, but at this point it seems to be throwing
good money after bad if nobody else is participating. I mean, I have
to agree with Commissioner McDaniel and the recommendation that
it's -- we'd be essentially one of the only ones putting any money into
it, which wouldn't really accomplish anything because of the
relevancy issue.
COMMISSIONER TAYLOR: Well, I think the issue is we're
not going to be involved in this. We have to have a seat at the table,
but we're not going to pay anymore.
The question is a question of fairness. And I think the -- and I
guess -- and I'm not the attorney here, so I'll bow to Commissioner
Saunders, but I believe there's an agreement that says you pay
for -- once you decide you're going to leave, you give them a
12-month -- it's, like, we're leaving, and there's a 12-month payment,
and then we're done.
CHAIRMAN SAUNDERS: Let me ask our staff a quick
question, then I'll get to Commissioner Fiala. The RPC is still in
business right now; is that correct?
February 25, 2020
Page 112
MR. CALLAHAN: That's correct, sir, yes.
CHAIRMAN SAUNDERS: All right. Are there other
communities that are paying into it at this point? I assume that they
have a budget that comes from somewhere.
MR. CALLAHAN: There are. So they've issued assessments to
ourselves, Glades County, which also just recently issued their notice
of withdraw to the RPC. Hendry County is still participating. Then
there's the City of Fort Myers, Town of Fort Myers Beach, and City
of Bonita Springs. All of those assessments are done based on
population. So when you take the total of that, Collier County is
paying approximately 66 percent of that assessment, so...
CHAIRMAN SAUNDERS: All right. Commissioner Fiala.
COMMISSIONER FIALA: Yes. Did we ever give them
notification that we were going to drop out?
COMMISSIONER McDANIEL: Well -- and if I may just
clarify a point. And I don't mean to jump ahead, Mr. Chair.
But Sarasota, as I said, was the first to jump. Sarasota sent a
12-month notice, which statutorily is required if you're going to leave
an RPC. They chose -- they sent notice that they were going to move
to Tampa because that was a closer fit there, to join another RPC.
By statute, we all have to be a member of an RPC. So you have
to serve that 12-month notice, and with that came a discontinuance of
their payment.
Now, they haven't actually left and gone to Tampa's RPC as of
yet, but with that notice of lack of -- or notice of leaving the RPC and
the stopping of the payment, then Lee County came on board. They
said, well, if they don't have to pay, we don't have to pay, and then so
did Charlotte.
And then we had a discussion with our current executive
director about an injunction to force the members to pay because
of -- and she actually went as far as to get an AG's opinion as to
February 25, 2020
Page 113
whether or not there was validity with the forcing of the pay.
Now, our -- so the 12-month notice process comes in when
you're actually leaving an RPC and that payment comes along. The
other communities just served their 12-month notice but never -- but
aren't actually leaving the RPC but have stopped their payments.
COMMISSIONER TAYLOR: But it's --
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER TAYLOR: Excuse me.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: So I just want to clarify. So the
assessments have been made, but have any of those other
municipalities actually said they're going to pay? Because one thing's
an assessment; the other thing is writing a check.
MR. CALLAHAN: I'd have to follow up to see if payments
have actually been made for this current fiscal year. In the prior
Fiscal Year '19 they were made. The assessments were made to a
similar slate of counties. A couple more have dropped out since FY
'19.
COMMISSIONER SOLIS: Yeah, but they're -- I mean, the City
of Fort Myers is not even a quarter of what our payment would be,
so...
COMMISSIONER TAYLOR: It's just about a quarter.
According to the executive summary, staff has verified that the
Southwest Florida Regional Planning Council -- that Charlotte, Lee,
and Sarasota Counties paid their dues for the year following their
withdrawal from the interlocal agreement.
COMMISSIONER McDANIEL: Right.
COMMISSIONER TAYLOR: In 2020, Glades County has also
announced their departure from RPC. So they're announcing they're
not going to be part of it, but they're paying their dues for that year.
They're giving them a year's grace.
February 25, 2020
Page 114
CHAIRMAN SAUNDERS: Commissioner McDaniel, anything
else? Your light was still lit up.
COMMISSIONER McDANIEL: I'm sorry.
CHAIRMAN SAUNDERS: Okay. We have -- then this is
pretty simple. We have a motion --
COMMISSIONER McDANIEL: I do have a point I'd like to
make. And the statement that I -- when I spoke -- we were talking
about the legality, the fulfillment of the agreement. The last
thing -- the last thing I want to do is litigate with an organization who
we're paying as a contributing member for with our tax dollars
turning around and suing us. And I've said this to the County
Attorney. The County Attorney -- I recall our County Attorney
sharing with us that we have the right to not pay if we so chose. Is
that correct or no?
MR. KLATZKOW: You've got an old interlocal agreement that
pretty much is dead because pretty much everybody who signed that
agreement has withdrawn from it. You then have a statutory duty to
be part of the RPC. They're two different things.
COMMISSIONER McDANIEL: Right.
MR. KLATZKOW: All right. Whether you wish to pay on
some -- I'll call it an ethical issue, that's fine. If you don't want to
pay, I don't know who it is there that's going to complain about it
because your partners all left.
CHAIRMAN SAUNDERS: All right. So we have a pretty
simple issue here. We have a motion and a second. The motion is to
not make any payments, including the one that we -- for this year.
And let's call for the vote on that. And if that passes, fine.
COMMISSIONER TAYLOR: May I just --
COMMISSIONER FIALA: I've asked twice now. Did we give
them notice that we were going to leave?
MR. OCHS: Yes, we did, Commissioner, on December 16th of
February 25, 2020
Page 115
2019 after the Board directed that.
COMMISSIONER TAYLOR: Every other county that is left
has agreed to pay them for 12 months, that year following the
withdrawal.
CHAIRMAN SAUNDERS: We were maybe just a little slow
on giving them notice, but that's another story.
COMMISSIONER McDANIEL: At my instigation.
CHAIRMAN SAUNDERS: That's okay. I mean, that's not
criticism. I'm just saying that everybody else has done it, and we
haven't.
So we have a motion and a second. The motion is to not make
the payment for this current year. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
Aye.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SAUNDERS: All right. Passes, I think, 4-1.
COMMISSIONER McDANIEL: 3-2.
CHAIRMAN SAUNDERS: I'm sorry. You voted against that.
It passes 3-2. The motion was not to make the payment.
MR. OCHS: Okay.
COMMISSIONER TAYLOR: So we are not going to do what
every other county has done?
CHAIRMAN SAUNDERS: That is correct.
COMMISSIONER FIALA: Yes.
CHAIRMAN SAUNDERS: We need -- and we need -- let's go
ahead and move on. I mean, we've beaten this all to de ath. I mean,
we know what we just did.
Mr. Ochs.
February 25, 2020
Page 116
MR. OCHS: Yes, sir.
Item #11G
AN AGREEMENT WITH INTERSPORT, INC. TO BECOME A
CORNERSTONE PARTNER OF THE NAPLESNEXT IDEAS
FESTIVAL, IN THE AMOUNT OF $25,000, MAKE A FINDING
THAT THIS EXPENDITURE PROMOTES TOURISM AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENT SUBSEQUENT TO COUNTY ATTORNEY
REVIEW – APPROVED
Item 11G was your add-on item from this morning. It's a
recommendation that the Board approve an agreement with Intersport
Incorporated to become a cornerstone partner for the Naples Next
Ideas Festival in the amount of $25,000 and to make the finding that
the expenditure promotes tourism, and authorize the chairman to
execute the agreement subsequent to County Attorney review.
Mr. Callahan.
MR. CALLAHAN: Again, for the record, Sean Callahan,
director of corporate business operations.
Commissioners, this is an item that we've brought forward as staff.
We've got an interesting opportunity to become a partner of the
Naples Next Ideas Festival. It's a very prestigious festival that has an
impressive slate of speakers, an impressive slate of different sponsors
to it.
Their staff approached us very late in the process in February of
this year with an interesting proposal to become this c ornerstone
partner, which would enable personnel from Collier County to attend
this conference; offer us the ability to integrate our brand as Collier
County into their marketing campaigns, which are very good, and
also allow us to do some on-site collateral and advertisement of the
February 25, 2020
Page 117
new sports complex that will be coming online here later this year.
In addition to that, the first day of the summit -- it's a two-day
summit. The first day is covering more global and broader ideas; the
second is a community-based summit where they take those ideas and
apply them here to the community.
So part of this sponsorship opportunity would list us as a
co-presenter of this community-focused summit on the second day
along with the Naples Children's Education Foundation, which is
funded by the Wine Festival. So there's a variety of different topics
that we'll discuss with their application to here.
Along the way, there was staff confusion on what funds might
have been available to sponsor this. As you know in your FY '20
budget, we do have some TD money that's allocated and approved to
the sports complex.
So staff moved forward with this agreement under the
assumption that we could use that money allocated for the sports
complex to sponsor that. We've since been notified that the proper
way to do that would be to go get TD approval. So rather than
proceed, we wanted to, out of an abundance of caution, put the sports
complex money on hold for right now, present this agreement to you,
and ask you to bless it so that we could move forward with that
sponsorship.
CHAIRMAN SAUNDERS: Okay. Any questions or comments
from the Commission?
COMMISSIONER SOLIS: I'd move for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: There's a motion -- we have a
motion and a second for approval. I'm going to support the motion.
I'm reluctant to because I don't know that I really see the real benef it.
We're going to be sitting here next year with the same request,
because once you do it once, you're going to have to at least say no at
February 25, 2020
Page 118
some point. So I'm going to take it for granted based on what staff
has said that this is a rational expenditure of funds; we'll get some
bang for that buck.
All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MR. CALLAHAN: Thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, we move now to Item 15, staff
and commission general communications.
I have just two quick items, Commissioners. The first is to
remind you again of your April 7th, 2020, BCC CRA workshop.
That's the annual workshop required by your CRA ordinances with
both of your CRAs. That will begin at 9:00 a.m. on April 7th.
And the second, I sent you all a memorandum last week in
follow up to the Board's request at the last meeting for a schedule on
the Rural Lands Stewardship LDC and GMP amendments, and I just
wanted to verify that you've all seen that, and as you can see from th e
schedule on the visualizer, we'll be with the Plan Commission in
April, and we've left some time for a second trip in May with the
planned schedule to the Board on June 23rd.
February 25, 2020
Page 119
COMMISSIONER TAYLOR: Or earlier if there's not --
MR. OCHS: Yes, ma'am. If we get through the Plan
Commission in one hearing, then we can move the presentation to the
Board into the May schedule.
And that's all I had, Mr. Chairman, today.
CHAIRMAN SAUNDERS: All right. Mr. Klatzkow, do you
have anything?
MR. KLATZKOW: No, sir, thank you.
CHAIRMAN SAUNDERS: Anything from the Clerk's Office?
MR. JOHNSSEN: No, thank you.
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER SOLIS: No, I have nothing. Thanks.
CHAIRMAN SAUNDERS: Commissioner Fiala?
COMMISSIONER FIALA: Nothing.
CHAIRMAN SAUNDERS: Commissioner McDaniel?
COMMISSIONER McDANIEL: No. Thank you.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah, a couple of things. We
had a very interesting suggestion, and I was going to throw it out as
we're talking about budget. Now, what was the -- what was the
mantra?
COMMISSIONER McDANIEL: The mantra was, if you have a
student badge -- this isn't -- this is my commission badge. But if you
have a student badge, you ride the public transit for free.
COMMISSIONER TAYLOR: One of the things we've heard is
that the transportation, because we're such a large county -- we heard
that just at lunch -- that it's such a large county that it's hard for kids
to get around unless they can drive or have a friend or parents. And
the thought was, perhaps it would be an interesting thing to see -- and
maybe it doesn't have to be all week long, but I'm just going to throw
that out to you to see if it would even be a possibility.
February 25, 2020
Page 120
COMMISSIONER McDANIEL: And I'd support a pilot
program just to see what the validity of that is.
CHAIRMAN SAUNDERS: All right. Why don't we -- if
there's interest in pursuing this, let's have staff put it on an agenda
for -- so they can come back with some data. Is there any interest in
pursuing this?
So just place that on an agenda, the potential for students to be
able to ride for free at certain times.
MR. OCHS: Certain times?
CHAIRMAN SAUNDERS: Well, just come back with a report.
MR. OCHS: Okay.
COMMISSIONER TAYLOR: Probably not during the school
week.
COMMISSIONER SOLIS: Not during school.
COMMISSIONER McDANIEL: During school time.
COMMISSIONER TAYLOR: Not during school.
CHAIRMAN SAUNDERS: All right. Anything else?
COMMISSIONER TAYLOR: Yes, one more thing.
As we're looking at LDC amendments -- and, you know, I'm not
trying to rub salt in a sore wound, but one of the things that -- from
this latest exercise we had with Rivergrass is the concept of the
locked fiscal neutrality report. The underlying architecture that
allows the developer that's petitioning us to declare fiscal neutrality is
not available for any kind of review. I think that does the taxpayers a
terrible disservice.
I also would like to see if we could look at this fiscal neutrality
question in five-year increments. Not that they'd be fiscally neutral
in five years, but are they reaching their goal? If we have five -year
AUIRs, why shouldn't these towns and villages have such?
So I'd like to see if we couldn't -- if there's any consensus maybe
to bring it back and to maybe, if there is consensus, to wrap this into
February 25, 2020
Page 121
what's along -- coming along in front of us.
CHAIRMAN SAUNDERS: I would have no problem in
bringing it back for discussion. I don't want to make the statement
that we might wrap this around in any way. Let's get a report and
figure out what we want to do with it.
Commissioner Solis.
COMMISSIONER SOLIS: Yeah. I think I need to understan d.
You would want the communities to -- a five-year review of what
exactly? Their --
COMMISSIONER TAYLOR: No. What I'm talking about is to
have a key to the fiscal neutrality presentation or analysis by each
community that comes before us in the RLSA, just as Ave Maria
provided it. Every community needs to provide that key so that the
true -- it can really truly be compared to see if it is -- it meets the
standards set before us, and then the second thing would be
to -- within that, to have five-year increments of where we are. What
are the benchmarks on the five-year --
CHAIRMAN SAUNDERS: The problem is, now you're starting
to talk about different policies, and we can't do that in council
communications. We can ask staff to put this on an agenda.
COMMISSIONER TAYLOR: Right.
CHAIRMAN SAUNDERS: Then you can bring that up when
we have some public comment and staff review. If your issue now is
you want to do A, B, and C as you've outlined, I'm not going to
support bringing it back. If it's to ha ve staff come back with this
five-year or this fiscal-neutrality process for us to discuss, then we
can do that. But if we're going to do that right now, I'm going to say
no, from my perspective.
COMMISSIONER TAYLOR: But I don't have any other
opportunity to talk to you about it.
CHAIRMAN SAUNDERS: Okay. All right.
February 25, 2020
Page 122
COMMISSIONER TAYLOR: I mean, that's not to outline
what -- I just had a question.
MR. CASALANGUIDA: No. I think what the Chairman said
is fine. We can -- when we bring back the RLSA amendments, we
can, you know, put a short memorandum together that identifies these
two, and if you want to piggyback something on there, you can. One
of them is the open-source architecture of the documents get
provided. I don't want to go into too much detail. And the other one,
five-year increments, we've seen that in the past, and that shouldn't be
a problem. So we can bring it back with the RLSA amendments
when they come forward.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Well -- and that's what I was
going to say. You do get a chance to talk to us. These are all things
during the RLSA review. When I talked -- when we had the
workshop on the RLSA, my perception was we were actually going
to be going over GMP amendments and language and such where we
could have had that discussion.
So we are doing that, and that's when we'll be able to talk about
those things.
CHAIRMAN SAUNDERS: All right. So I assume that there's
a consensus for this to come back for discussion.
COMMISSIONER McDANIEL: Yes. It's going to.
COMMISSIONER TAYLOR: Yeah. Just as an aside, just as a
comment to your comment, we've never had an RLSA development
come before us that was lock. The first one was Rivergrass. We
talked about the GMP amendments before Rivergrass.
COMMISSIONER McDANIEL: What?
CHAIRMAN SAUNDERS: Anything else, Commissioner
Taylor?
COMMISSIONER TAYLOR: No. That's it. Thank you.
February 25, 2020
Page 123
CHAIRMAN SAUNDERS: I've got two quick items. I
received an email from one of our staff members just dealing with the
issue of drones and whether or not we should be looking at can we
regulate them? Should we regulate them? And I'd like some
conversation at some point in the future, because that could become a
problem at some point. And I don't have any suggestions, but it
seems like it might be a reasonable thing for us to take a look at. Is
there any objection to –
COMMISSIONER McDANIEL: Not at all.
COMMISSIONER TAYLOR: Not at all.
CHAIRMAN SAUNDERS: And there's no hurry.
And the second thing, a month or so ago I had asked the Board
to send back to the Planning Commission two items that affect
development on the Golden Gate Golf Course. One of those was the
number of seats in a restaurant, and the other was the hours of
operation. Under the existing PUD document, you can only have 150
seats in a restaurant in the Golden Gate Golf Course, and your hours
of operation, you have to be shut down, I think, at 9:00 p.m., or
something of that nature.
So the proposal was to extend those hours and increase the
number of seats. I had asked for this to be sent back to the Planning
Commission in March because I felt that we would have a site plan
and have a more identified solidified project. We will have that, but
it will not be in time for the Planning Commission in March. I'd like
to have that sent to the Planning Commission in April. The
Planning -- what are the dates for Planning Commission in April? Do
you know that off the top of your head, there?
MR. CASALANGUIDA: Not off the top of my head, but I've
already tasked staff with getting it advertised and preparing it for
April, sir.
CHAIRMAN SAUNDERS: Okay. If there's no objection from
February 25, 2020
Page 124
the Board, I'd like to have that go to them in April.
COMMISSIONER McDANIEL: I do have one more quick
thing.
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER McDANIEL: If you're done, sir.
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER McDANIEL: I think it would not
be -- maybe at our next meeting to have a brief report about some
truths and such with regard to the coronavirus from our Health
Department. How do you feel about that? I mean, there's a lot of
things that are going on, and it's a pretty fast-moving target. We do
have -- we do have a Health Department, and I don't think it would be
imprudent for us to at least have a brief synopsis from our folks with
regard to that.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: I'll comment on that quickly, and
that is -- excuse me -- somebody just called and asked me the other
day what the county is doing about the coronavirus, and I had no
idea, and I don't think most of the rest of us know either until we hear
a report from the Health Department, so maybe we could ask them to
come to the next meeting.
COMMISSIONER McDANIEL: Someone had sent me an
email. You know, you reminded me, Commissioner Saunders, when
you said someone sent you an email. And someone sent me an email
today with regard to that, and there are some -- there's some pretty
interesting things that are unfolding there, and I think it would be
prudent for us to at least --
CHAIRMAN SAUNDERS: The only concern that I would have
is we would be opening this up to public comment, and it's so easy to
start false rumors. Let me suggest this --
COMMISSIONER McDANIEL: Presentations.
February 25, 2020
Page 125
CHAIRMAN SAUNDERS: Well, let me suggest this. We're all
big folks. We can contact the health department. We can get an
indication to ourselves, to us individually as to what's going on. If
we feel the need to have a public hearing on it, then let's bring it
back. But I'm concerned that you wind up with an audience full of
people, potentially, getting three minutes to speak and saying things
that become rumors.
COMMISSIONER McDANIEL: Excuse me. Do we do that
under presentations?
MR. OCHS: No. You don't typically allow public speakers
under your presentation items.
COMMISSIONER McDANIEL: That's what I was suggesting.
It's up to you.
CHAIRMAN SAUNDERS: Well, I would -- the will of the
Board may be to have a presentation. My suggestion is, let's call the
Health Department individually. And if we feel that there's a need,
let's bring it back. So there's a request -- I'm not going to support it
just because of that reason. I don't know how everybody else feels.
We need three people to say bring it back or not. All right. So unless
I'm --
COMMISSIONER SOLIS: I mean, it's -- it would be good to
hear something but, I mean, I'm ambivalent.
CHAIRMAN SAUNDERS: Give the Health Department a
call --
COMMISSIONER SOLIS: Okay.
CHAIRMAN SAUNDERS: -- and get an update.
COMMISSIONER FIALA: The problem is that it would be
nice if we all heard the same report so then we all had the same
words; whereas, everybody says he said, well, I think they said, and
then wait a minute. Wait, maybe he said. And you never get the
thing straight then.
February 25, 2020
Page 126
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Maybe what we could do is ask
the County Manager to ask the Health Department to give us a report
on coronavirus and where we are and what we're doing and
then -- and then have it, and it becomes public record rather than
bringing it in as a presentation.
MR. OCHS: Pleasure of the board.
CHAIRMAN SAUNDERS: All right. It looks like --
COMMISSIONER SOLIS: I would assume -- I'm sorry.
CHAIRMAN SAUNDERS: Go ahead.
COMMISSIONER SOLIS: I'm just -- I think we have a great
Department of Health, and I'm assuming that if there was literally
anything that would impact the health in Collier County, we would be
hearing from them immediately.
CHAIRMAN SAUNDERS: I believe that to be the case as well,
and that's why I suggested let's just call the Health Department. Let's
get individual information. And if we feel that we need to bring that
back to the public -- but I think it's a mistake for us to start getting
into that without the request of the Department of Health.
COMMISSIONER SOLIS: And if there's -- if one of us has a
concern, we can ask to put it -- that it be put on the agenda.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER TAYLOR: Okay. So we will not have a
public presentation, but we will contact the Health Department.
All right. Anything else?
(No response.)
CHAIRMAN SAUNDERS: If not, we're adjourned.
**** Commissioner Solis moved, seconded by Commissioner Taylor
February 25, 2020
Page 127
and carried that the following items under the Consent and Summary
Agendas be approved and/or adopted ****
Item #16A1
AWARDING INVITATION TO BID NO. 19-7660 “COLLIER
BOULEVARD NORTH LANDSCAPE MAINTENANCE – WORK
AREA 20 B” TO MAINSCAPE, INC. (ALL DISTRICTS) – FOR
MAINTENANCE SERVICES WITHIN IMPROVED MEDIANS
AND RIGHT-OF-WAYS ON COLLIER BOULEVARD NORTH
FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD;
APPROXIMATELY THREE (3) MILES
Item #16A2
AWARDING INVITATION TO BID NO. 19-7661 “SANTA
BARBARA LANDSCAPE MAINTENANCE – WORK AREA 21B”
TO MAINSCAPE, INC., AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT. (ALL DISTRICTS) – FOR
MAINTENANCE SERVICES WITHIN IMPROVED MEDIANS
AND RIGHT-OF-WAYS ON SANTA BARBARA BOULEVARD
FROM RATTLESNAKE HAMMOCK ROAD TO DAVIS
BOULEVARD; APPROXIMATELY TWO (2) MILES
Item #16A3
RECOGNIZING CARRYFORWARD FUNDING FOR THE
COLLIER METROPOLITAN PLANNING ORGANIZATION
(MPO) FOR $14,504.90, EARNED FROM THE FY 2018/19
TRANSPORTATION DISADVANTAGED PLANNING GRANT,
AND TO APPROVE ALL RELATED NECESSARY BUDGET
February 25, 2020
Page 128
AMENDMENTS. (ALL DISTRICTS) – COLLECTED IN EXCESS
OF EXPENDITURES FOR THE MPO TO CONTINUE
TRANSPORTATION DISADVANTAGED (TD) PLANNING
EFFORTS
Item #16A4
AUTHORIZING THE CHAIRMAN TO EXECUTE CHANGE
ORDER NO. 2 TO CONTRACT NO. 14C01 WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH
MANAGEMENT FUNDING ASSISTANCE PROGRAM FOR
COLLIER COUNTY STATE APPROVED WORK AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM (ALL
DISTRICTS) – AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A5
RELEASE OF THREE CODE ENFORCEMENT LIENS WITH A
VALUE OF $41,209.20 FOR PAYMENT OF $3,000 IN THE CODE
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
COMMISSIONERS V. JESSICA NICOLE THOMPSON AND
JENNIFER DIANE THOMPSON, RELATING TO PROPERTY
LOCATED AT 843 94TH AVE. NORTH, COLLIER COUNTY,
FLORIDA. (DISTRICT 2) – FOR PROPERTY ACQUIRED BY A
NEW OWNER VIA FORECLOSURE THAT IS BEING
ACTIVELY MAINTAINED
Item #16A6
February 25, 2020
Page 129
RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE
OF $93,973.60 FOR PAYMENT OF $1,000 IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. BRUCE SCHMIDT, RELATING TO
PROPERTY LOCATED AT 4735 DORANDO DR, COLLIER
COUNTY, FLORIDA. (DISTRICT 4) – DUE TO A FINANCIAL
HARDSHIP ON PROPERTY THAT IS NOW BEING ACTIVELY
MAINTAINED
Item #16A7
PARTIAL RELEASE A CODE ENFORCEMENT LIEN WITH A
VALUE OF $132,395.20 FOR PAYMENT OF $500 IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. ALFREDO MIRALLES, CODE
ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CESD20120003627 RELATING TO PROPERTY LOCATED AT
1715 ROBERTS AVE W., COLLIER COUNTY, FLORIDA.
(DISTRICT 5) – THE PROPERTY WAS ACQUIRED VIA
WARRANTY DEED AND THE NEW OWNERS ONLY BECAME
AWARE OF THE LIEN AFTER ATTEMPTING TO FINANCE
AND BUILD THEIR NEW HOME
Item #16A8
RECORDING THE FINAL PLAT OF SILVERWOOD AT AVE
MARIA (PHASE 2), (APPLICATION NUMBER PL20190002347)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY. (DISTRICT 5)
– W/STIPULATIONS
February 25, 2020
Page 130
Item #16A9
RECORDING THE MINOR FINAL PLAT OF DEL WEBB
NAPLES PARCELS 209-212 TRACT “B” REPLAT,
APPLICATION NUMBER PL20190002497. (DISTRICT 5) –
LOCATED WITHIN THE AVE MARIA SRA
Item #16A10
FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR
NAPLES MOTOR CONDOS AT HIWASSE PHASE 1,
PL20180003415, 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 $8,610.36 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT. (DISTRICT 4) – A FINAL INSPECTION TO DISCOVER
DEFECTS WAS CONDUCTED BY STAFF ON JANUARY 6,
2020, IN COORDINATION WITH PUBLIC UTILITIES, AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A11
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
FACILITIES FOR ISLES OF COLLIER PRESERVE AMENITY
CENTER (PHASE 2), PL20180001888, ACCEPT CONVEYANCE
OF A PORTION OF THE POTABLE WATER AND SEWER
FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
February 25, 2020
Page 131
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $11,079.36 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT. (DISTRICT 4) – A FINAL INSPECTION TO DISCOVER
DEFECTS WAS CONDUCTED BY STAFF JANUARY 8, 2020, IN
COORDINATION WITH PUBLIC UTILITIES, AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A12
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR AZURE AT HACIENDA LAKES
AMENITY CAMPUS, PL20180002441, ACCEPT 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 $8,489.84 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 1) –
A FINAL INSPECTION TO DISCOVER DEFECTS WAS
CONDUCTED BY STAFF ON JANUARY 14, 2020, IN
COORDINATION WITH PUBLIC UTILITIES, AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A13
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR MARQUESA ISLES OF NAPLES – PHASE 1,
February 25, 2020
Page 132
PL20180002411 AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT. (DISTRICT 3) – A FINAL INSPECTION TO DISCOVER
DEFECTS WAS CONDUCTED BY STAFF JANUARY 21, 2020,
IN COORDINATION WITH PUBLIC UTILITIES, AND THE
FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A14
RESOLUTION 2020-30: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF COQUINA AT MAPLE RIDGE – PHASE 2
AND 3, APPLICATION NUMBER PL20150002721, AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY. (DISTRICT 5)
Item #16A15
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $29,020 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20190000533) FOR WORK
ASSOCIATED WITH CURRENTS OF NAPLES – PHASE 1.
(DISTRICT 1)
Item #16A16
February 25, 2020
Page 133
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
FOR $31,420 WHICH WAS POSTED AS A GUARANTY FOR
EXCAVATION PERMIT NUMBER PL20180001529 FOR WORK
ASSOCIATED WITH 951 VILLA (A.K.A. ABACO POINTE).
(DISTRICT 5)
Item #16A17
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
FOR $139,060 WHICH WAS POSTED AS A GUARANTY FOR
EXCAVATION PERMIT NUMBER 59.902-21, PL20140001672
FOR WORK ASSOCIATED WITH DEL WEBB NAPLES
PARCELS 201-203. (DISTRICT 5)
Item #16A18
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $48,940 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20180003031 FOR WORK ASSOCIATED WITH MAPLE
RIDGE AT AVE MARIA PHASE 6B. (DISTRICT 5)
Item #16A19
BUDGET AMENDMENT TO RECOGNIZE CARRY FORWARD
FOR PROJECTS WITHIN TRANSPORTATION SUPPORTED
GAS TAX FUND (313) AND TRANSPORTATION & CDES
CAPITAL FUND (310) FOR $69,906.12 (PROJECT NOS. 60088,
60085, 69333, AND 69336). (ALL DISTRICTS)
Item #16A20
February 25, 2020
Page 134
A BUDGET AMENDMENT TO RECOGNIZE REVENUE AND
TRANSFER FUNDING FOR PROJECTS WITHIN THE
TRANSPORTATION SUPPORTED GAS TAX FUND (313) AND
TRANSPORTATION & CDES CAPITAL FUND (310) IN THE
AMOUNT OF $167,526.88 (PROJECT NOS. 60085, 60088, 69331,
69333, 69336, 69339, AND 69338). (ALL DISTRICTS) – AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A21
AUTHORIZING EXPENDITURES THROUGH AN EXEMPTION
FROM THE COMPETITIVE PROCESS FOR FLORIDA
INTERNATIONAL UNIVERSITY FOR SAMPLING, ANALYSIS
AND ASSESSMENT OF SEDIMENT AND WATER QUALITY
FOR FISCAL YEAR 2020. (ALL DISTRICTS) – TO PROVIDE
CONTINUED SEDIMENT MONITORING AND ASSESSMENT
FOR COLLIER COUNTY WATERWAYS AND PROVIDE
ADDITIONAL ANALYSIS FOR SOURCE TRACKING OF
WASTEWATER POLLUTANTS IN SURFACE WATER
Item #16A22
A ROAD CLOSURE NECESSARY FOR THE ANNUAL CATTLE
DRIVE EVENT TO BE HELD ON MARCH 14, 2020 AND TO
PROVIDE A CERTIFIED COPY OF MINUTES OF A DULY
SCHEDULED BOARD OF COUNTY COMMISSIONERS
MEETING TO APPROVE THE ANNUAL CATTLE DRIVE AND
ITS ROUTE, HOSTED BY THE COLLIER COUNTY MUSEUM.
(ALL DISTRICTS) – FOR AN EVENT BEING HELD ON
ROBERTS AVE W, IN IMMOKALEE
February 25, 2020
Page 135
Item #16A23
AFTER-THE-FACT U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT COMMUNITY DEVELOPMENT
BLOCK GRANT APPLICATION SUBMITTAL TO FUND THE
PETERS AVENUE SIDEWALK PROJECT. (DISTRICT 4) – THE
PROJECT CONSISTS OF INSTALLATION OF A 5-FOOT WIDE
SIDEWALK ON THE WEST SIDE OF PETERS AVENUE AND
SUPPLEMENTAL STREETLIGHTS ON EXISTING FLORIDA
POWER AND LIGHT POLES; ENTAILS APPROXIMATELY
1,200 LINEAR FEET (.22 MILES) ALONG PETERS AVENUE
FROM U.S. 41 TO COLLEE COURT. PETERS AVENUE IS
LOCATED SOUTH OF THE INTERSECTION OF U.S. 41 (A/K/A
TAMIAMI TRAIL EAST) AND AIRPORT PULLING ROAD
Item #16A24
ACCEPTING THE SUB-AWARD AND GRANT AGREEMENT
WITH THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT (FDEM) FOR FUNDING IN THE AMOUNT OF
$44,152.50 UNDER THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) HAZARD MITIGATION
GRANT PROGRAM FOR THE DESIGN OF THE GOODLETTE-
FRANK ROAD DRAINAGE DITCH IMPROVEMENTS AND
AUTHORIZE NECESSARY BUDGET AMENDMENT (NET
FISCAL IMPACT $58,870). (ALL DISTRICTS) – THE HAZARD
MITIGATION GRANT PROGRAM IS PROVIDED THROUGH
FEMA TO HELP IMPLEMENT HAZARD MITIGATION
MEASURES FOLLOWING A MAJOR DISASTER
February 25, 2020
Page 136
Item #16A25
THE SELECTION COMMITTEES’ RANKING FOR REQUEST
FOR PROFESSIONAL SERVICES (“RPS”) NO. 19-7570,
“COLLIER COUNTY TRAFFIC SIGNAL TIMING &
COORDINATION PROJECT,” AND AUTHORIZE STAFF TO
BEGIN CONTRACT NEGOTIATIONS WITH TOP-RANKED
FIRM, FALLER DAVIS AND ASSOCIATES, INC., FOR
SUBSEQUENT CONTRACT APPROVAL BY THE BOARD.
(DISTRICT 2, DISTRICT 3, DISTRICT 4) – TO COMPLETE
RETIMING 37 SIGNALIZED INTERSECTIONS ON AIRPORT
ROAD FROM GOLDEN GATE PARKWAY TO PELICAN
MARSH BOULEVARD/TIBURON BOULEVARD; ON PINE
RIDGE ROAD FROM GOODLETTE-FRANK ROAD TO LOGAN
BOULEVARD; ON VANDERBILT BEACH ROAD FROM
GOODLETTE-FRANK ROAD TO ISLAND WALK BOULEVARD
AND ON LIVINGSTON ROAD FROM PINE RIDGE ROAD TO
VANDERBILT BEACH ROAD, TO REDUCE DELAY AND
IMPROVE PROGRESSION ON ALL ARTERIALS
Item #16B1
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY (CRA) APPROVE AN AFTER-THE-FACT
ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE
AMOUNT OF $300,000 TO THE COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES FY 2020/2021
HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FOR THE
IMMOKALEE SIDEWALK IMPROVEMENT PROJECT WITHIN
February 25, 2020
Page 137
THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA.
(DISTRICT 5) – THE PROJECT INCLUDES COMPLETION OF
THE CONSTRUCTION OF SIDEWALKS ALONG WEST EUSTIS
AVENUE FROM SOUTH FIFTH STREET TO SOUTH FIRST
STREET
Item #16B2
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY BOARD (CRAB) APPROVE AN AFTER-THE-FACT
ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE
AMOUNT OF $300,000 TO THE COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES FY 2020/2021
HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FOR THE PHASE 4
FIRE SUPPRESSION PROJECT IN THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA.
(DISTRICT 4) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16C1
AN EASEMENT AGREEMENT WITH WHITE LAKE
COMMONS ASSOCIATIONS, INC., A FLORIDA NOT-FOR-
PROFIT CORPORATION, AT A COST NOT TO EXCEED $3,125
FOR THE ACQUISITION OF A COUNTY UTILITY EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT FOR THE
INSTALLATION OF PROPOSED WATER MAINS TO
FACILITATE THE I-75/ COLLIER BOULEVARD UTILITY
RELOCATION PROJECT, PROJECT NUMBER 70229. (ALL
February 25, 2020
Page 138
DISTRICTS) – TO FACILITATE THE INSTALLATION OF
WATER MAIN FOR I-75/COLLIER BOULEVARD UTILITY
RELOCATION PROJECT (PROJECT) COMMENCING AT THE
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT
AND ENDING AT THE SOUTHERN BOUNDARY OF THE
FOREST GLEN GOLF & COUNTRY CLUB
Item #16C2
A DOCUMENT NECESSARY TO CONVEY AN EASEMENT TO
FLORIDA POWER & LIGHT COMPANY OVER PROPERTY
OWNED BY THE COLLIER COUNTY AT THE PROPOSED BIG
CORKSCREW ISLAND REGIONAL PARK SITE. (DISTRICT 5) –
FOR THE INSTALLATION OF ELECTRIC INFRASTRUCTURE
ON COUNTY PROPERTY REQUIRED TO POWER PROPOSED
FACILITIES WITHIN THE PROPOSED BIG CORKSCREW
ISLAND REGIONAL PARK SITE
Item #16C3
AWARDING AN AGREEMENT FOR INVITATION TO BID
(“ITB”) #19-7670, MOBILE ON-SITE AND ON-CALL
SHREDDING SERVICES, TO SHRED QUICK, INC., FOR ON-
SITE AND ON-CALL SHREDDING SERVICES AT ALL SOLID
& HAZARDOUS WASTE MANAGEMENT DIVISION
FACILITIES AND REMOTE COUNTY EVENTS. (ALL
DISTRICTS) – FOR MONTHLY AND DAILY SHREDDING
SERVICES OFFERED BY THE SHWMD TO COLLIER COUNTY
RESIDENTS AT ITS RECYCLING CENTERS
Item #16C4
February 25, 2020
Page 139
A BUDGET AMENDMENT IN AN AMOUNT OF $20,000 TO
VANDERBILT DRIVE PROJECT, PROJECT NUMBER 70087.
(DISTRICT 2) – TO PROVIDE SERVICES TO CUSTOMERS
ALONG VANDERBILT DRIVE AND 14 ADJACENT CONNER’S
SUBDIVISION NEIGHBORHOOD CUL-DE-SACS
Item #16C5
A BUDGET AMENDMENT FOR FACILITIES MANAGEMENT
DIVISION IN THE AMOUNT OF $300,000 TO FUND THE
REMOVAL AND REPLACEMENT OF TWO ROOF MOUNTED
OUTSIDE AIR UNITS (OAU) AND THE INSTALLATION OF A
NEW DIRECT DIGITAL CONTROL (DDC) SYSTEM AT THE
VINEYARDS COMMUNITY CENTER. THIS IS AN
INFRASTRUCTURE SALES SURTAX PROJECT UNDER THE
HVAC, ROOFING, AND CAPITAL EQUIPMENT
REPLACEMENT AT SHERIFF’S AND COUNTY FACILITIES
CATEGORY. (PROJECT NO. 50190) (DISTRICT 3) – ON
FEBRUARY 5TH, 2020 THE INFRASTRUCTURE SURTAX
CITIZEN’S OVERSIGHT COMMITTEE VALIDATED THIS
FUNDING
Item #16C6
THE TERMINATION AND RELEASE OF TEMPORARY
CONSTRUCTION EASEMENTS ACQUIRED TO FACILITATE
THE CONSTRUCTION OF WATER FACILITIES IN THE CASE
ENTITLED COLLIER COUNTY, FLORIDA V. SAN MARINO
JOINT VENTURE. (DISTRICT 1) – AS DETAILED IN THE
EXECUTIVE SUMMARY
February 25, 2020
Page 140
Item #16C7
THE TERMINATION AND RELEASE OF A TEMPORARY
CONSTRUCTION EASEMENT ACQUIRED TO FACILITATE
THE CONSTRUCTION OF WATER FACILITIES IN THE CASE
ENTITLED COLLIER COUNTY, FLORIDA V. A.L.
PETROLEUM, INC. (DISTRICT 1) – THE PROPERTY HAD
BEEN ACQUIRED TO FACILITATE CONSTRUCTION OF
WATER TRANSMISSION MAINS ALONG CR-951 FOR THE
COLLIER BOULEVARD WATER MAIN PROJECT
Item #16C8
A WORK ORDER WITH KYLE CONSTRUCTION INC. FOR
$308,749.13, UNDER BID NO. 1911-016--01-01 - REQUEST FOR
QUOTE (“RFQ”) NO. 14-6213, “LAKEWOOD BLVD. FORCE
MAIN AND PS 305.17 IMPROVEMENTS,” AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENT (PROJECT
NUMBER 70254). (DISTRICT 1) – THE PROJECT IS LOCATED
ALONG LAKEWOOD BOULEVARD AND BOCA CIEGA DRIVE
Item #16C9
RESOLUTION 2020-31: AUTHORIZING THE CHAIRMAN TO
EXECUTE DEED CERTIFICATES FOR THE SALE OF BURIAL
PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS
CEMETERY DURING THE 2020 CALENDAR YEAR, ON
BEHALF OF THE COUNTY MANAGER. (DISTRICT 5)
Item #16C10
February 25, 2020
Page 141
RATIFYING THE APPROVAL OF A FLORIDA POWER AND
LIGHT (FPL) EASEMENT AT THE COLLIER COUNTY SPORTS
AND SPECIAL EVENTS COMPLEX (THE COMPLEX) AND
AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO
SIGN FUTURE FPL EASEMENTS AND AGREEMENTS
ASSOCIATED WITH THE COMPLEX. (DISTRICT 5, ALL
DISTRICTS) – THE COMPLEX HAS PARTNERED WITH FPL
TO PROVIDE SOLAR CANOPIES, ELECTRIC VEHICLE
CHARGING STATIONS, PEDESTRIAN LIGHTING, STREET
LIGHTING, AND PARKING LOT LIGHTING; THE
PARTNERSHIPS WILL REQUIRE APPROVAL OF
MINISTERIAL AGREEMENTS AND EASEMENTS FOR
ACCESS AND OPERATING REQUIREMENTS
Item #16C11
PERMANENT DISCONTINUATION OF OPERATIONS AND
AUTHORIZE THE COUNTY TO VACATE THE WATER
TREATMENT PLANT PORTION AT THE FORMER ORANGE
TREE UTILITY COMPANY'S TREATMENT PLANT
PROPERTY, WHICH IS NO LONGER REQUIRED BY THE
COUNTY. (DISTRICT 5) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D1
SERVICES FOR SENIORS, “AFTER-THE-FACT”, STANDARD
CONTRACT AND ATTESTATION STATEMENT WITH AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., AND
TO AUTHORIZE THE ASSOCIATED BUDGET AMENDMENTS.
February 25, 2020
Page 142
(ALL DISTRICTS) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D2
CHAIRMAN TO SIGN THE FLORIDA DEPARTMENT OF
EMERGENCY MANAGEMENT HAZARD MITIGATION
GRANT AWARD #H0371 FOR $435,000 FOR TWO
GENERATORS AT THE IMMOKALEE SPORTS COMPLEX,
WITH A 25% MATCH OBLIGATION REQUIREMENT AND
ASSOCIATED BUDGET AMENDMENTS. THIS IS A COLLIER
COUNTY SURTAX PROJECT. (ALL DISTRICTS) – ONGOING
ANNUAL COSTS ASSOCIATED WITH THE MAINTENANCE
OF THE GENERATOR WILL BE APPROXIMATELY $9,650.00,
WHICH WILL BE PAID THROUGH PARK AND REC’S
ANNUAL BUDGET APPROPRIATION
Item #16D3
AMENDMENT NO. 3 TO THE 2017 AGREEMENT WITH THE
CITY OF NAPLES GRANT APPLICATION FOR THE 8TH
AVENUE SOUTH ADA (AMERICANS WITH DISABILITIES
ACT) RELATED IMPROVEMENTS; EXTEND IT TO AUGUST
29, 2020 AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (DISTRICT 1) – $200,000 IS BUDGETED
IN TOURIST DEVELOPMENT TAX FUNDED BEACH PARK
FACILITIES FOR 8TH AVENUE PROJECT NO. 80369
Item #16D4
February 25, 2020
Page 143
AUTHORIZING THE CHAIRMAN TO SIGN THE FLORIDA
DEPARTMENT OF EMERGENCY MANAGEMENT HAZARD
MITIGATION GRANT AWARD #H0390 FOR THE NORTH
COLLIER REGIONAL PARK GENERATORS, IN THE AMOUNT
OF $1,275,000 WITH A 25% ($425,000) MATCH OBLIGATION
REQUIREMENT AND ASSOCIATED BUDGET AMENDMENTS
FOR A TOTAL OF $1,700,000. THIS IS A COLLIER COUNTY
SURTAX PROJECT. (ALL DISTRICTS) – ONGOING ANNUAL
CARRYING COSTS ASSOCIATED WITH THE MAINTENANCE
OF THE GENERATORS IS $24,300 WHICH WILL BE TAKEN
FROM PARK AND REC'S ANNUAL OPERATING BUDGET
Item #16D5
THE CHAIRMAN TO SIGN THE FIRST AMENDMENT TO THE
STATE HOUSING INITIATIVE PARTNERSHIP SPONSOR
AGREEMENT WITH RESIDENTIAL OPTIONS OF FLORIDA,
INC. TO CLARIFY ACQUISITION AND RELATED
DEVELOPMENT COSTS. (ALL DISTRICTS)
Item #16D6
TWO (2) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM FOR $41,500 AND APPROVE AN ASSOCIATED
BUDGET AMENDMENT. (NET FISCAL IMPACT: $41,500).
(ALL DISTRICTS) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D7
February 25, 2020
Page 144
CHAIRMAN TO SIGN AN AGREEMENT WITH AUDUBON
FLORIDA AND AUDUBON OF THE WESTERN EVERGLADES,
TWO NOT-FOR-PROFIT ORGANIZATIONS TO PROVIDE
COLLABORATIVE COASTAL HABITAT AND WILDLIFE
CONSERVATION AND PUBLIC OUTREACH AT CLAM PASS
PARK. (DISTRICT 4) – THE ORGANIZATIONS HAVE
REQUESTED AN OPPORTUNITY TO WORK WITH PARKS &
REC, TO DEVELOP A PROGRAM FOR THE OBSERVATION OF
PROTECTED SPECIES AT THE PARK, TO POST
INFORMATIONAL SIGNS ABOUT THE SHOREBIRD
POPULATION AND PROVIDE EDUCATION TO BEACHGOERS
AND BOATERS; THE INITIAL TERM OF THE AGREEMENT
WILL BE FOR FIVE (5) YEARS WITH AN OPTION TO EXTEND
THE AGREEMENT AN ADDITIONAL TERM OF FIVE (5)
YEARS
Item #16D8
ACCEPT AND APPROPRIATE A DONATION OF $50,000 TO
BENEFIT THE CHILDREN’S COLLECTION DEVELOPMENT
AND CHILDREN’S PROGRAMS OF THE MARCO ISLAND
BRANCH LIBRARY, AND APPROVE THE NECESSARY
BUDGET AMENDMENT. (DISTRICT 1) – DONATED BY THE
ESTATE OF CAROLYN HUNT
Item #16D9
AN AFTER-THE-FACT BUREAU OF JUSTICE ASSISTANCE
BUILDING BRIDGES BETWEEN JAILS AND COMMUNITY-
BASED TREATMENT FOR OPIOID USE DISORDERS GRANT
APPLICATION (NET FISCAL IMPACT: $93,750) (ALL
February 25, 2020
Page 145
DISTRICTS) – COLLIER COUNTY IS ONE OF SIXTEEN (16)
COUNTIES NATIONWIDE TO PARTICIPATE IN THE
IMPLEMENTATION OF MEDICATION-ASSISTED
TREATMENT (MAT) IN CORRECTIONAL FACILITIES
Item #16D10
ISSUANCE OF A PURCHASE ORDER UNDER AGREEMENT
NO. 19-7525, “ANNUAL AGREEMENT FOR GENERAL
CONTRACTORS,” TO AUTHORIZE CONSTRUCTION OF TWO
(2) SIGNS AND FENCES AT THE CORNER OF VANDERBILT
DRIVE AND BLUEBILL AVENUE AT A TOTAL COST OF
$287,050 AND AUTHORIZE ANY NECESSARY BUDGET
AMENDMENTS. (DISTRICT 2) – TO REFURBISH THE
SOUTHWEST AND NORTHWEST CORNERS OF VANDERBILT
DRIVE AND BLUEBILL DRIVE TO MAKE AN INVITING
ENTRANCE FOR THE VANDERBILT BEACH COMMUNITY
Item #16E1
THE SALE AND DISPOSAL OF SURPLUS ASSETS PER
RESOLUTION 2013-095 VIA PUBLIC AUCTION ON APRIL
3 & 4, 2020; APPROVE THE ADDITION OF SURPLUS ITEMS
RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS
AGENDA ITEM FOR SALE IN THE AUCTION; AND
AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE
FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF
VEHICLE TITLES. (ALL DISTRICTS) – TO SELL COUNTY
SURPLUS PROPERTY THAT IS OBSOLETE, UNECONOMICAL
OR INEFFICIENT, AND SERVES NO USEFUL PURPOSE TO
February 25, 2020
Page 146
COUNTY OPERATING DIVISIONS AND TO OBTAIN
REVENUE FOR THE COUNTY
Item #16E2
AUTHORIZING BUDGET AMENDMENTS TO CONTINUE
FUNDING PARAMEDIC STAFFING AT FIRE STATION 63 ON
ALLIGATOR ALLEY FOR $45,000, WHICH REPRESENTS A
TEN PERCENT LOCAL MATCH REQUIRED BY THE
AMENDED PROVISIONS GOVERNING FUNDING AND
OPERATIONS OF THE STATION PURSUANT TO CHAPTER
2019-153, FLORIDA STATUTES. (ALL DISTRICTS) –
FLORIDA LEGISLATURE AMENDED THE PROVISIONS OF
SECTION 338.26(3), CHAPTER 2019-153, GOVERNING
FUNDING OPERATIONS OF FIRE STATION 63 TO PROVIDE
FUNDING THROUGH FY2027 AND REQUIRES THE LOCAL
GOVERNMENTAL ENTITY TO CONTRIBUTE 10% OF THE
DIRECT ACTUAL OPERATING COST
Item #16E3
AGREEMENT NO. 20-7721-WV FOR LEGAL AND NON-LEGAL
ADVERTISEMENTS AS EXEMPTED PROCUREMENTS AND
AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT
WITH DESK SPINCO, LLC, D/B/A NAPLES DAILY NEWS.
(ALL DISTRICTS) – USED IN THE DAILY OPERATION OF
THE COUNTY TO PROMOTE VARIOUS COMMUNITY
PROGRAMS, LEGAL ADVERTISEMENTS FOR ISSUES SUCH
AS IMPACT FEES, SOLICITATIONS, ORDINANCES, PUBLIC
MEETINGS, AND ANY OTHER PUBLIC ADVERTISEMENTS
REQUIRED BY THE FLORIDA STATUTES
February 25, 2020
Page 147
Item #16E4
RATIFY PROPERTY, CASUALTY, WORKER COMPENSATION
AND SUBROGATION CLAIM FILES SETTLED AND/OR
CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR
PURSUANT TO RESOLUTION #2004-15 FOR THE FIRST
QUARTER OF FY20. (ALL DISTRICTS)
Item #16E5
RECOGNIZING ACCRUED INTEREST FOR THE PERIOD
OCTOBER 1, 2019 THROUGH DECEMBER 31, 2019 EARNED
BY EMS COUNTY GRANT AND APPROPRIATE FUNDS FOR A
TOTAL AMOUNT OF $924.51. (ALL DISTRICTS)
Item #16E6
A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR NON-EMERGENCY BLS INTER-FACILITY
AMBULANCE TRANSPORTS TO CARE MED
TRANSPORTATION, LLC FOR PROVIDING POST- HOSPITAL
AND INTER-FACILITY MEDICAL AMBULANCE TRANSFER
SERVICES. (ALL DISTRICTS) – THE PERMIT WILL BE
GRANTED FOR ONE YEAR
Item #16E7
AWARDING REQUEST FOR PROFESSIONAL SERVICES
(“RPS”) NO. 18-7432-CE, “PROFESSIONAL SERVICES
LIBRARY CIVIL ENGINEERING CATEGORY,” TO RWA, INC.,
February 25, 2020
Page 148
WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS,
INC., JOHNSON ENGINEERING, INC., STANTEC
CONSULTING SERVICES, INC., HOLE MONTES, INC., AIM
ENGINEERING & SURVEYING, INC., CPH, INC., CAPITAL
CONSULTING SOLUTIONS, LLC, ATKINS NORTH AMERICA,
INC., TETRA TECH, INC., Q. GRADY MINOR AND
ASSOCIATES, P.A., RUMMEL, KLEPPER & KAHL, LLP,
JACOBS ENGINEERING GROUP, INC., CARDNO, INC., DRMP,
INC., HANSON PROFESSIONAL SERVICES, INC., AGNOLI,
BARBER & BRUNDAGE, INC., GHD SERVICES, INC., WATER
RESOURCES MANAGEMENT ASSOCIATES, INC., KIMLEY-
HORN AND ASSOCIATES, INC., KISINGER CAMPO &
ASSOCIATES, CORP., DAVID PLUMMER & ASSOCIATES,
INC., TREBILCOCK CONSULTING SOLUTIONS, P.A.,
DAVIDSON ENGINEERING, INC., CONSOR ENGINEERS, LLC,
SUCCESSOR BY MERGER TO TKW CONSULTING
ENGINEERS, INC., ROBAU AND ASSOCIATES, L.L.C., BLACK
& VEATCH CORPORATION, LAGO CONSULTING &
SERVICES, LLC, JR EVANS ENGINEERING, P.A., WATER
SCIENCE ASSOCIATES, INC., TOTAL MUNICIPAL
SOLUTIONS, INC., WSP USA, INC., BLOT ENGINEERING,
INC., FORGE ENGINEERING, INC., MARCO SURVEYING &
MAPPING, LLC, AND RDA CONSULTING ENGINEERS, LLC,
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENTS. (ALL DISTRICTS) – AS
DETAILED IN THE EXECUTIVE SUMAMRY
Item #16E8
AGREEMENT NO. 20-018-NS WITH GRANICUS, LLC D/B/A
GRANICUS, AS A SINGLE SOURCE PROVIDER FOR WEBSITE
February 25, 2020
Page 149
REDESIGN SERVICES OF THE COLLIERCOUNTYFL.GOV
WEBSITE IN AN AMOUNT NOT TO EXCEED $70,000. (ALL
DISTRICTS) – THE AGREEMENT IS A 3-YEAR CONTRACT
WITH THE OPTION TO RENEW FOR ADDITIONAL TWO
1-YEAR OPTIONS
Item #16E9
ADMINISTRATIVE REPORTS PREPARED BY PROCUREMENT
SERVICES DIVISION FOR CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING BOARD
APPROVAL. (ALL DISTRICTS) – THE NET TOTAL FOR THE
ONE (1) ITEM IS $0.00
Item #16E10
ADMINISTRATIVE REPORT PREPARED BY PROCUREMENT
SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND
NOTIFICATION OF REVENUE DISBURSEMENT. (ALL
DISTRICTS) – THERE WERE ON-LINE SALES FOR $1,228.50
THIS PERIOD; DISPOSED OF ITEMS HAD $.58 CENTS IN
BOOK VALUE AND THERE WERE NO TRADE-INS THIS
PERIOD
Item #16F1
RESOLUTION 2020-32: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2019-20
ADOPTED BUDGET. (ALL DISTRICTS)
February 25, 2020
Page 150
Item #16G1
CHANGE ORDER #2 TO AGREEMENT NO. 18-7240, “MARCO
EXECUTIVE AIRPORT NEW TERMINAL & ASSOCIATED
IMPROVEMENTS,” WITH WEST CONSTRUCTION, INC., FOR
A NET DECREASE OF $1,896.68. (DISTRICT 1) – REDUCES
THE CONTRACT AMOUNT FROM $9,339,317.95 TO
$9,337,421.27
Item #16H1 – Added (Per Agenda Change Sheet)
A PROCLAMATION DESIGNATING MARCH 2 – 6, 2020
AS NATIONAL BETA CLUB WEEK IN COLLIER COUNTY.
COMMISSIONER MCDANIEL WILL PRESENT THE
PROCLAMATION ON MARCH 4TH TO THE PRESIDENT
OF THE IMMOKALEE HIGH SCHOOL BETA CLUB
RECOGNIZING THE CLUB’S POSITIVE IMPACT ON OUR
COMMUNITY AND CITIZENS FOR THE PAST 64 YEARS –
ADOPTED
Item #16J1
THE SHERIFF’S OFFICE FY2020 COPS HIRING PROGRAM
GRANT. (ALL DISTRICTS) – A GRANT TO ADD FOUR
ENTRY-LEVEL LAW ENFORCEMENT OFFICERS; TOTAL
GRANT AMOUNT OF $715,012 THAT REQUIRES A LOCAL
MATCH OF $215,012
Item #16J2
February 25, 2020
Page 151
SUBMITTAL OF AN AGREEMENT, AFTER-THE-FACT,
AUTHORIZING THE COLLIER COUNTY SUPERVISOR OF
ELECTIONS TO ACCEPT FEDERAL ELECTION
CYBERSECURITY INITIATIVE FUNDS WITH A 15%
MATCHING CONTRIBUTION AND TO AUTHORIZE THE
BOARD OF COLLIER COUNTY COMMISSIONER’S CHAIR TO
SIGN THE CERTIFICATE OF COUNTY MATCHING FUNDS.
(ALL DISTRICTS) – THE COUNTY WILL INCUR A FISCAL
IMPACT OF $6,604.72, WHICH CONSTITUTES THE REQUIRED
MATCHING CONTRIBUTION NECESSARY FOR THE
SUPERVISOR OF ELECTIONS TO RECEIVE THE $44,031.41
FROM THE DIVISION OF ELECTIONS
Item #16J3
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 JANUARY 30, 2020 AND
FEBRUARY 12, 2020 PURSUANT TO FLORIDA STATUTE
136.06. (ALL DISTRICTS) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16J4
DETERMINNG VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
FEBRUARY 19, 2020. (ALL DISTRICTS)
Item #16K1
February 25, 2020
Page 152
RESOLUTION 2020-33: REAPPOINTING MAURICE
GUTIERREZ TO A 3-YEAR TERM EXPIRING MARCH 3, 2023
AND REAPPOINTING SANDRA ARAFET AND SUSAN CRUM
TO 4-YEAR TERMS EXPIRING MARCH 3, 2024 TO THE
BAYSHORE BEAUTIFICATION MSTU ADVISORY
COMMITTEE. (DISTRICT 4)
Item #16K2
RESOLUTION 2020-34: REAPPOINTING JAMES GIBSON,
MICHAEL DALBY, RONALD KEZESKE, LARRY MAGEL,
MICHAEL LYSTER AND GERALD GODSHAW TO THE
COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE.
(ALL DISTRICTS)
Item #16K3
RESOLUTION 2020-35: REAPPOINTING FRANK COOPER
AND DALE LEWIS TO THE RADIO ROAD BEAUTIFICATION
ADVISORY COMMITTEE (DISTRICT 4)
Item #17A
RESOLUTION 2020-36: A GROWTH MANAGEMENT PLAN
AMENDMENT FOR TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW
AND COMMENTS RESPONSE FOR AN AMENDMENT TO
EXTEND THE TRANSFER OF DEVELOPMENT RIGHTS
EARLY ENTRY BONUS. (TRANSMITTAL HEARING)
PL20190002635/CPSP-2019-4 (DISTRICT 4, DISTRICT 5)
February 25, 2020
Page 153
Item #17B
ORDINANCE 2020-08: AN AMENDMENT TO ORDINANCE
NO. 2013-25, AS AMENDED, THE COLLIER COUNTY
HEARING EXAMINER ORDINANCE, THAT WOULD REVISE
THE HEARING EXAMINER’S POWERS AND DUTIES AND
ESTABLISH DIRECTIVES REGARDING THE HEARING
EXAMINER’S CONDUCT. (ALL DISTRICTS)
Item #17C
RESOLUTION 2020-37: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2019-20
ADOPTED BUDGET. (ALL DISTRICTS)
*****
February 25, 2020
Page 154
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:00 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
_______________________________________
BURT SAUNDERS, CHAIRMAN
ATTEST:
CRYSTAL K. KINZEL, CLERK
___________________________
These minutes approved by the Board on ____________, as
presented ______________ or as corrected _____________.
February 25, 2020
Page 155
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING SERVICES, INC., BY TERRI LEWIS, FPR,
COURT REPORTER AND NOTARY PUBLIC.
February 25, 2020
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:00 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
BURT SAUNDERS, CHAIRMAN
ATTEST:
CRYSTAL K. KINZEL, CLERK
ttAuti-
-2OC- .
Attest as to Chairnisejtf
signature only.
These minutes ap ved by the Board on otter,a+.saozos
presented V' or as corrected
Page 154