BCC Minutes 10/13/2020 ROctober 13, 2020
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 13, 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
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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October 13, 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
October 13, 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.
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October 13, 2020
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS
PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE
COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED
AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-
5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE
HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES
MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Eric R. Hausler of Christ the King Presbyterian Church and
Chaplain, Naples Jail
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. September 3, 2020 BCC - Special Meeting Mask Sunsetting Minutes
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October 13, 2020
C. September 8, 2020 - BCC Meeting Minutes
D. September 17, 2020 - BCC - Budget Hearing Meeting Minutes
E. September 22, 2020 - BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition request from Richard Yovanovich regarding Tax
Increment Rebate 1705 & 1807 Tamiami Trail East.
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 ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve an Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance No. 04-74, the Orange Blossom
Ranch Planned Unit Development (PUD), to increase the maximum
number of dwelling units from 1,600 to 1,950; and providing an
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effective date. The subject property is located on the north and south
sides of Oil Well Road (C.R. 858) approximately one mile east of
Immokalee Road (C.R. 846) in Sections 13, 14 and 24, Township 48
South, Range 27 East, and Section 19, Township 48 South, Range 28
East, Collier County, Florida consisting of 616+/- acres.
[PL20180003155] (District 5)
B. Recommendation to approve an Ordinance amending Ordinance No.
89-05, as amended, the Collier County Growth Management Plan for
the unincorporated area of Collier County, Florida, specifically
amending the Future Land Use Element and Map Series by amending
the Urban Commercial district to add the Germain Immokalee
Commercial subdistrict to allow development of up to 80,000 square
feet of C-1, commercial professional and general office district and
luxury automobile dealership uses. The subject property is located on
the south side of Immokalee Road, approximately .6 miles west of I-75,
in Section 30, Township 48 South, Range 26 East, Collier County,
Florida, consisting of 8.97± acres. (Adoption Hearing)
[PL20190000454] (This is a companion to Agenda Item #9C). (District
2)
C. This item requires ex parte disclosure be provided by the
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 an Agricultural
(A) zoning district to a Commercial Planned Unit Development
(CPUD) zoning district for the project to be known as Germain
Immokalee CPUD, to allow a new and used automotive dealership up to
80,000 square feet on the property located on the south side of
Immokalee Road approximately 0.6 miles west of Interstate 75, in
Section 30, Township 48 South, Range 26 East, consisting of 8.97±
acres; and by providing an effective date. [PL20190000451] (This is a
companion to Agenda Item #9B) (District 2)
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D. Recommendation to approve an Ordinance amending Ordinance 89-05,
as amended, the Collier County Growth Management Plan, specifically
amending the Future Land Use Element to amend the Urban Mixed Use
Activity Center #7 to allow up to 265 multi-family residential rental
dwelling units in the Hammock Park Mixed-Use Planned Unit
Development in addition to commercial development, and furthermore
directing transmittal of the adoption amendment to the Florida
Department of Economic Opportunity. The subject property is located
at the northeast corner of Rattlesnake Hammock Road and Collier
Boulevard, in Section 14, Township 50 South, Range 26 East, Collier
County, Florida, consisting of 19.13± acres. (Adoption Hearing)
[PL20180002804] (This is a companion to Agenda Item #9E) (District
1)
E. 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 07-30, the
Hammock Park Commerce Centre Commercial Planned Unit
Development (CPUD), to allow up to 265 multi-family rental dwelling
units plus 80,000 square feet of commercial development as an
alternative to 160,000 square feet of retail and office currently allowed;
by changing the name of the CPUD from Hammock Park Commerce
Centre to the Hammock Park Mixed-Use Planned Unit Development
(MPUD); by revising the development standards; by amending the
Master Plan and revising developer commitments. The subject property
is located at the northeast corner of Rattlesnake Hammock Road and
Collier Boulevard in Section 14, Township 50 South, Range 26 East,
Collier County, Florida, consisting of 19.13± acres; and by providing an
effective date. [PL20180002813] (Companion to Agenda Item #9D)
(District 1)
F. Recommendation to approve an Ordinance amending Ordinance
Number 04-41, as amended, the Collier County Land Development
Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to allow enclosed,
indoor, air-conditioned self-storage as a permitted use in the General
Commercial District (C-4) when such use is combined in the same
building with another permitted commercial use, and to provide
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additional design standards for such buildings, by providing for: Section
One, Recitals; Section Two, Findings of Fact; Section Three, Adoption
of Amendments to the Land Development Code, more specifically
amending the following: Chapter Two - Zoning Districts and Uses,
including Section 2.03.03 - Commercial Zoning Districts; and Chapter
Five - Supplemental Standards for Specific Uses, including Section
5.05.08 Architectural and Site Design Standards; Section Four, Conflict
and Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. [PL20200000359]
(All Districts)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to formalize a Board of County Commissioners
position supporting the Multi-use Corridors of Regional Economic
Significance (M-CORES) Program only if the program does not
supplant or delay existing Florida Department of Transportation
(FDOT) Work Program projects in Collier County. (Commissioner
Taylor) (All Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation to accept the COVID-19 Status Report and provide
further direction as appropriate. (Steve Carnell, Department Head,
Public Services Department) (All Districts)
B. Recommendation to approve a Contribution Agreement (Agreement)
with Uline Corporation for the construction of a regional distribution
facility adjacent to the County’s Sports and Special Events Complex
(Complex) including on-site and off-site improvements. (Nick
Casalanguida, Deputy County Manager) (All Districts)
C. Recommendation to approve the attached Agreement for a Market and
Financial Feasibility Study with Hunden Strategic Partners, Inc., to
conduct a direct and indirect cost benefit analysis of a proposed
development project involving Great Wolf Resorts, Inc., at the City
Gate Commerce Park adjacent to the Paradise Coast Sports Complex
and authorize a necessary budget amendment. (Sean Callahan,
Executive Director, Corporate Business Operations) (District 5)
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D. Recommendation to accept staff's progress update for the Golden Gate
Golf Course development project and provide direction, as appropriate.
(Geoff Willig, Senior Operations Analyst, County Manager’s Office)
(All Districts)
E. Recommendation to award Invitation to Bid (“ITB”) No. 20-7797,
Collier Beach Renourishment 2020-2021, to Earth Tech Enterprises,
Inc., in the amount of $1,094,700, authorize the Chairman to sign the
attached Agreement, and make a finding that this item promotes tourism
(Project No. 90068). (Andrew Miller, Principal Project Manager,
Capital Project Planning, Impact Fees and Program Management
Division) (All Districts)
F. Recommendation to award an agreement for Request for Proposal
(“RFP”) #20-7775, “Tourism Marketing & Promotions,” to Paradise
Advertising and Marketing, Inc. with an effective date of October 1,
2020, and make a finding that this action promotes tourism. (Jack Wert,
Tourism Director) (All Districts)
G. Recommendation to award Invitation to Bid (“ITB”) No. 20-7762,
“SCWRF Effluent Filter Equipment Replacement" (Project Number
70148), to R2T, Inc., in the amount of $2,418,227, and authorize the
Chairman to sign the attached agreement (Tom Chmelik, Engineering
and Project Management Director). (District 1)
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
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16. CONSENT AGENDA - All matters listed under this item are considered
to be routine and action will be taken by one motion without separate
discussion of each item. If discussion is desired by a member of the Board,
that item(s) will be removed from the Consent Agenda and considered
separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) This item 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 City Gate
Commerce Park Phase Three Replat No. 3, Application Number
PL2020001299. (District 5)
2) 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 Tollgate
Commercial Center Replat, Application Number
PL20200001173. (District 5)
3) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Isles of Collier Preserve Phase 9A, PL20190000876 and
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 4)
4) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Isles of Collier Preserve Phase 10F, PL20190000771 and
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 4)
5) Recommendation to approve final acceptance and accept the
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conveyance of the potable water and sewer utility facilities for
Isles of Collier Preserve Phase 12A, PL20190001260 and
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 4)
6) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Isles of Collier Preserve Phase 12B, PL20190001310 and
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 4)
7) Recommendation to approve final acceptance of the potable
water and sewer utility facilities for Naples Heritage Clubhouse,
[PL20200001499]. (District 3)
8) Recommendation to approve final acceptance of the potable
water utility facilities and accept the conveyance of a portion of
the potable water utility facilities for the Vanderbilt CC Golf
Maintenance Improvements, [PL20200001266]. (District 5)
9) Recommendation to approve a Resolution for final acceptance of
the private roadway and drainage improvements, and acceptance
of the plat dedications, for the final plat of Winding Cypress
Phase 2C, Application Number PL20150002037; and authorize
the release of the maintenance security. (District 1)
10) Recommendation to approve a Resolution for final acceptance of
the private roadway and drainage improvements, and acceptance
of the plat dedications, for the final plat of Hadley Place West,
Application Number PL20160002629; and authorize the release
of the maintenance security. (District 3)
11) Recommendation to review and approve the Fiscal Year
2020/2021 Capital Improvement Plan of the Big Cypress Basin, a
part of the South Florida Water Management District (SFWMD).
(District 1)
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12) Recommendation to award Invitation to Bid (“ITB”) No. 20-7740
“Stormwater Debris Collector Unit Cleaning Services” to
Shenandoah General Construction, LLC., as the Primary Vendor,
and Earth View, LLC., as the Secondary Vendor, and authorize
the Chairman to sign the attached Agreements. (All Districts)
13) Recommendation to award Invitation to Bid (“ITB”) No. 20-7781
“Mowing Services” to primary, secondary, and tertiary vendors,
and authorize the Chairman to sign the attached agreements. (All
Districts)
14) Recommendation to approve the sale of shell material pertaining
to Invitation to Bid ("ITB") No. 19-7655-SS - Sale of Surplus
Material - Shell/Dredge Spoils from Beach
Renourishment/Dredge Operations to Earth Tech Enterprises,
Inc., in the bid amount $1.00/cy for the material plus $2.25/cy
Florida Department of Environmental Protection (FDEP)
Severance Fee, for a total bid of $3.25/CY, or a total amount
(based on 4,000 CY) of $13,000, as per the terms and conditions
of the ITB. (All Districts)
15) Recommendation to approve the release of two code enforcement
liens, with an accrued value of $744,400 for payment of $450 in
the code enforcement action titled, Board of County
Commissioners v. Craig Morris, related to property located at
5845 Painted Leaf Lane, Collier County, Florida. (District 3)
16) Recommendation to approve and authorize the Chairman to
execute a work order with Taylor Engineering, Inc., to provide
professional surveying services for Naples Beach Renourishment
from just south of Doctors Pass to Florida Department of
Environmental Protection (FDEP) reference monument R-60
under Contract No. 18-7432-CZ for time and material not to
exceed $70,844 and make a finding that this item promotes
tourism. (All Districts)
17) Recommendation to approve and execute a Transportation Post
Project Maintenance Agreement between the Florida Department
of Transportation (F.D.O.T.) and Collier County for the
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maintenance of the realigned Cocohatchee Canal and authorize
the Chairman to sign the Resolution and execute the agreement.
(District 2, District 3)
18) Recommendation to approve an agreement for the purchase of a
road right-of-way, drainage and utility easement (Parcel
110RDUE) required for construction of roadway and related
improvements for the Whippoorwill Lane and Marbella Lakes
Drive Connection (Project No. 60219). (District 4)
19) Recommendation to amend Exhibit “A” to Resolution No. 2013-
239, as amended, the list of Speed Limits on County Maintained
Roads, to revise scriveners’ errors that were found on the list.
(All Districts)
20) Recommendation to award an Agreement for Invitation to Bid
(“ITB”) No. 20-7742, “Pan Tilt Zoom (“PTZ”) Cameras,” to
Control Technologies, Inc., and to acknowledge a time extension
to a Local Agency Program Agreement with the Florida
Department of Transportation (F.D.O.T.) for equipment
purchases of Arterial Monitoring Cameras (FPN #433180-1-98-
01). (All Districts)
21) Recommendation to approve a resolution authorizing the
conveyance of a parcel of land (Parcel 358FDOT) situated on the
west side of SR 951 at its intersection with Manatee Road to the
State of Florida Department of Transportation. (District 1)
22) Recommendation to approve and execute a Florida Department
of Transportation (F.D.O.T.) Beautification Grant, Landscape
Maintenance Memorandum of Agreement with F.D.O.T. in
which Collier County will be reimbursed up to $103,522 for
median irrigation and landscaping improvements to existing
landscaped medians on US 41 North (State Road 45/State Road
90, Gulf Park Drive to Vanderbilt Beach Road), authorize the
Chairman to sign and execute the agreement, authorize the
necessary budget amendments and allow project activity.
(District 2)
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23) Recommendation to approve and execute a Florida Department
of Transportation (F.D.O.T.) Beautification Grant, Landscape
Maintenance Memorandum of Agreement with F.D.O.T. in
which Collier County will be reimbursed up to $78,631 for
median irrigation and landscaping improvements to existing
landscaped medians on US 41 North (State Road 45/State Road
90, Pine Ridge Road to Gulf Park Drive), authorize the Chairman
to sign and execute the agreement, authorize the necessary budget
amendments and allow project activity. (District 2)
24) Recommendation to approve Modification to Subgrant
Agreement No. H0309 with the Florida Division of Emergency
Management to extend the agreement to October 31, 2021, for
the Solana Road Drainage Project (#60102). (District 4)
25) 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 $342,428.66 (Projects #60066, #60085,
#60088, #69333, #693363, and #69338). (All Districts)
26) Recommendation to accept the Sub-Award and Grant Agreement
with the Florida Division of Emergency Management (FDEM)
for funding in the amount of $60,000 under the Federal
Emergency Management Agency (FEMA) Hazard Mitigation
Grant Program for the design of the Big Cypress Golf and
Country Club Drainage Improvements and authorize necessary
budget amendments. (District 4)
27) Recommendation to approve the selection committee’s ranking
and authorize staff to enter into contract negotiations with Capital
Consulting Solutions, LLC, for Request for Professional Services
(“RPS”) No. 20-7795R, Design Criteria for Tiger IX Grant
Project, (Immokalee Complete Streets) (District 5)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners,
acting as the Community Redevelopment Agency Board, award
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Invitation to Bid (“ITB”) No. 20-7773, Bayshore CRA
Community Parking Lot, located at Coco Ave & Bayshore Drive,
to Fort Construction Group of Naples, Inc., for a total contract
amount of $472,772.25, and authorize the Chairman to sign the
attached agreement. (District 1, District 4)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Invitation to Bid (“ITB”) No. 20-
7744, “Pest Control – County Facilities,” to Hulett
Environmental Services, Inc., and authorize the Chairman to sign
the attached agreement. (All Districts)
2) Recommendation to approve an Easement to Lee County Electric
Cooperative, Inc., for installation of electric facilities to service
the Multi-Purpose Public Safety Facility on County-owned
property located within the Town of Ave Maria. (District 5)
3) Recommendation to approve the Easement Agreement with 1196
Parkway, LLC, a Florida limited liability company, at a cost not
to exceed $1,300 for the acquisition of a Utility Easement for
proposed water and wastewater infrastructure improvements,
(Project Number #70046). (District 4)
4) Recommendation to Award EBL Partners LLC, under Agreement
#19-7525, in the amount of $499,779.15 on a Purchase Order to
Provide the Labor, Material and Equipment to modify the
existing Electrical Switchgear in the J1 Electric Room, so that a
Tri Star Docking Station can be installed that will enable the J1 -
J2 Jail Facilities to be connected to a Portable Generator as
backup in the event of an emergency. (District 1)
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5) Recommendation to approve a Utility Work Agreement with the
Florida Department of Transportation for the relocation of existing
Collier County Water-Sewer District (“CCWSD”) utilities prior to
construction of FDOT’s Interstate 75 (I-75) at State Road 951 (SR
951), Interchange project, along with the attached Resolution
memorializing the Board’s approval and authorizing the Chairman to
sign the agreement. (District 1, District 3, District 5)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve the FY20-21 contract with the State of
Florida Department of Health for the operation of the Collier County
Health Department in the amount of $1,491,500. (All Districts)
2) Recommendation to approve the submittal of a Conversion of Use
Application to the Land and Water Conservation Fund State
Assistance Program pursuant to building a Community Center at
Caxambas Park. (District 1)
3) Recommendation to approve and authorize the Chairman to sign the
FY20-21 Federal Transit Administration (FTA) Section 5310 Grant
award contract for the Collier Area Transit (CAT) system and the
Transportation Disadvantaged Program in the amount of $517,656,
authorize the necessary Budget Amendment, and authorize the County
Manager or designee to execute any and all documents necessary to
receive the award and execute all pay requests. (All Districts)
4) Recommendation to approve the electronic submittal of the 2019/2020
Federal Highway Administration Flexible Funds Grant Award
(Section 5307) in the amount of $500,000 in the Transit Award
Management System for the purchase of a thirty-foot (30 ft.) fixed-
route bus and authorize the necessary Budget Amendment. (All
Districts)
5) Recommendation to approve the selection committee’s ranking and
authorize staff to enter into contract negotiations with the A2 Group,
Inc., related to Invitation for Qualification ("IFQ") No. 20-7801,
“Construction Manager at Risk for Sun-N-Fun Water Park
Rehabilitation and Restoration.” (District 2)
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6) Recommendation to approve the “After-the-Fact” submittal of the
FY20-21 State Aid to Libraries Grant and authorize the Chairman to
sign the Grant Agreement #21-ST-08 required for the submission of
the grant application to the Florida Department of State, Division of
Library and Information Services for funding in the estimated amount
of $157,981 and authorize the County Manager or designee to sign all
certifications. (All Districts)
7) Recommendation to amend Contract No. 18-7382 - Professional
Services Agreement for Collier Area Transit Fixed Route, Demand
Response, and Transit Operations Management Services with MV
Contract Transportation, Inc., to allow for a temporary trip rate
increase for paratransit service in response to the COVID-19
Pandemic - Amendment #2. (All Districts)
8) Recommendation to approve the Fourth Amendment to Agreement
No. 19-002-WV between Collier County and Benevate, Inc., for Grant
Management Software and authorize the Chairman to sign the
amendment. (All Districts)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to authorize routine and customary budget
amendments appropriating carry forward budget in the amount of
$8,235,539.88 for approved open purchase orders into Fiscal Year
2021. (All Districts)
2) Recommendation to approve continuation with SAP as the County’s
Financial System and authorize staff to release a Request for
Proposals for a required upgrade. (All Districts)
3) Recommendation to donate a surplus vehicle to Everglades City and
authorize the Procurement Director, as designee for County Manager,
to sign for the transfer of vehicle title. (All Districts)
4) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
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October 13, 2020
5) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve and authorize the Chairman to execute
the Tourist Development Tax Grant Agreements for FY21 Marketing
& Events ($65,000) and Non-County Owned/Operated Museums
($250,000) and make a finding that these expenditures promote
tourism. (All Districts)
2) Recommendation to approve the Fiscal Year 20-21 Strategic
Marketing Plan for the Naples, Marco Island, Everglades Convention
& Visitors Bureau (CVB) and make a finding that this plan promotes
tourism. (All Districts)
3) Recommendation to approve the use of Tourist Development Tax
Promotion Funds to support the upcoming November 2020 Sports
Tourism Events up to $23,250 and make a finding that these
expenditures promote tourism. (All Districts)
4) Recommendation to approve the use of Tourist Development Tax
Promotion Funds to support the upcoming November 2020 Sports
Tourism Event up to $7,000 and make a finding that this expenditure
promote tourism. (All Districts)
5) Presentation of the Distinguished Budget Presentation Award for
Fiscal Year 2020 from the Government Finance Officers Association
(GFOA) presented to the Office of Management and Budget. To be
accepted by Mark Isackson, Director of Corporate Financial Planning
and Management Services. (All Districts)
6) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2020-21 Adopted Budget. (All Districts)
7) Recommendation to approve clarifications to the Coronavirus Relief
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October 13, 2020
Fund programs in preparation for the re-opening of the Collier
CARES Community Health & Services, Small Business Relaunch and
Rehire, and Individual Assistance portals. (All Districts)
8) Recommendation to approve an Agreement with the United Arts
Council of Collier County in support of achieving the strategies
outlined in the Board adopted Collier County Arts & Culture Strategic
Plan; approve a waiver from the competitive procurement process for
the United Arts Council and make a finding that this expenditure
promotes tourism. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to approve Owner Directed Change Order # 4 to
Agreement No. 18-7240, “Marco Executive Airport New Terminal &
Associated Improvements,” with West Construction, Inc., in the
amount of $10,579.49. (District 1)
2) Recommendation to approve the attached First Amendment to Collier
County Airport Authority Standard Form Lease Agreement with
Wholesale Shutters of South West Florida, Inc., to extend the lease
term five years to October 31, 2025. (District 5)
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating October 2020 as Safe Infant Sleep Month in
Collier County. The proclamation will be mailed to Danna Breeden,
R.N., Maternal and Child Nurse Consultant, Florida Department of
Health - Collier County.
2) Proclamation designating October 2020 as Domestic Violence
Awareness Month in Collier County. The proclamation will be mailed
to Linda Oberhaus, Chief Executive Officer, The Shelter for Abused
Women & Children.
3) Recommendation to approve a Resolution supporting innovative pilot
projects for invasive plant control on Lake Okeechobee and
surrounding waterways. (All Districts)
Page 18
October 13, 2020
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve Tax Collector request for advance
commissions in accordance with Florida Statute 192.102(1) for FY
2021. (All Districts)
2) Recommendation to provide approval for the State of Florida E911
Board/E911 State Grant Program. (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 September 10, 2020 and September 30, 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 October 7,
2020. (All Districts)
5) Recommendation to endorse the United States Department of Justice
and United States Department of Treasury combined Equitable
Sharing Agreement and Certification through September 30, 2021.
(All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint a member to the Contractors Licensing
Board. (All Districts)
2) Recommendation to appoint a member to the Historic/Archaeological
Preservation Board. (All Districts)
3) Recommendation to approve a Joint Motion for Stipulated Final
Judgment in the amount of $11,500 for the acquisition of Parcel
204DAME, plus $12,321.72 for all statutory attorney’s fees, expert
fees, and costs, plus an amount not to exceed $1,800 for all
supplemental attorney’s fees and costs relating to the apportionment
Page 19
October 13, 2020
process, in the lawsuit styled Collier County, Florida v. John D.
Lawrence, et al., Case No. 11-3207-CA (Outfalls 3 and 4/LASIP
Project #51101). (All Districts)
------------------------------------------------------------------------------------------------------
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
------------------------------------------------------------------------------------------------------
A. Recommendation to approve an amendment adopting revisions to Ordinance
No. 2013-69, as amended, commonly known as the Collier County
Procurement Ordinance to incorporate references pertaining to the County’s
Direct Materials Purchase cost-savings program. (All Districts)
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition
PL20200001420, to disclaim, renounce and vacate the County and the public
interest in a portion of Tract “A” of Tollgate Commercial Center Phase
Three, Plat Book 22, Page 95 of the public records of Collier County,
Florida, known as Bush Boulevard The subject Right-of-Way (ROW) is
located approximately 1600-feet east of Collier Boulevard between
Tollhouse Drive and I-75 in Section 35, Township 49 South, Range 26 East,
Collier County, Florida. (District 5)
C. Recommendation to adopt an ordinance amending Ordinance No. 75-16, as
amended, to establish a rotation for serving as Chairman and Vice-Chairman
of the Board of County Commissioners. (All Districts)
D. Recommendation to consider the adoption of an ordinance amending
Ordinance No. 2002-09, as previously amended by Ordinance 2016-35, to
Page 20
October 13, 2020
increase the acreage of the Flow Way Community Development District
(CDD) pursuant to Chapter 190.046, Florida Statutes. (District 3)
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 20-21 Adopted Budget. (All Districts)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA
SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
October 13, 2020
Page 2
CHAIRMAN SAUNDERS: Ladies and gentlemen, the
meeting of the County Commission will please come to order. We'll
start off, Mr. Ochs --
MR. OCHS: We have an invocation --
CHAIRMAN SAUNDERS: -- with the invocation, and then
we'll get into the business of today's meeting.
MR. OCHS: Yes, sir. Pastor Eric Hausler from the Christ the
King Presbyterian Church and chaplain of our Naples Jail will give
this morning's invocation.
CHAIRMAN SAUNDERS: And, Commissioner Taylor, if you
would lead us in the Pledge after the invocation. Thank you.
COMMISSIONER TAYLOR: I'd be honored.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE –
INVOCATION GIVEN
PASTOR HAUSLER: I think the last time I was here was just
the meeting before the big lockdown. Thankful that we can be back
here again.
In Proverbs 3, 5, and 6 in the Old Testament it says, trust in the
Lord with all your heart and don't lean on your own understanding.
In all your ways acknowledge him, that he will make your path
straight.
So, let's acknowledge him as we open with prayer. Let us pray.
Oh, Lord, our God, we bow before you today, the king of the
heavens of the earth, and we call on the name of the Lord as people
have done for thousands of years. Thank you, oh, Lord, for this free
land in which we live. Thank you for all the material blessings that
we enjoy every day. Thank you for this beautiful community we call
October 13, 2020
Page 3
Collier County.
Thank you, oh, Lord, for your public servants meeting today.
We pray for your blessing on this meeting of the Collier County
Commission. We pray you'd give wisdom to everyone participating
today. Watch over all those, oh, Lord, who are putting their lives on
the line that we might live in peace and security and safety.
We pray for our first responders, our law enforcement officers,
our jail deputies, healthcare workers on the front line. Oh, Lord,
encourage them, watch over, guard, and keep them all. And we pray
that you would bring an end to this pandemic and swiftly. Lead and
guide and protect and bless us all, we pray in your holy name.
Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN SAUNDERS: Thank you. And, Pastor, thank
you very much for getting us started on the right path this morning.
Thank you.
COMMISSIONER TAYLOR: That was beautiful. Thank
you, Pastor.
CHAIRMAN SAUNDERS: Mr. Ochs, we are on Item 2A, the
agenda today.
MR. OCHS: Before we go there, I have a couple of agenda
changes, if we might, Mr. Chairman.
CHAIRMAN SAUNDERS: Uh-huh.
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EXX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBER FOR
CONSENT AGENDA.) – APPROVED AND/OR ADOPTED
W/CHANGES
October 13, 2020
Page 4
MR. OCHS: These are the proposed agenda changes for the
Board of County Commissioners meeting of October 13th, 2020.
First proposed change is to continue Item 11D to the
October 27th, 2020, BCC meeting. That request is made by
Chairman Saunders. This is a item having to do with a progress
report on the development of the Golden Gate Golf Course.
The next proposed change is to continue Item 16A26 to the
October 27th, 2020, BCC meeting. This is a staff item that we need
to get some backup added to the item. And, again, that will take us
one meeting, sir, and then we'll be back on the agenda on
October 27th with that item.
The next proposed change is to continue Item 16F8 to your
October 27th, 2020, BCC meeting. This is a recommendation to
approve a contract with the United Arts Council of Collier County in
support of your recently adopted Arts and Cultural Strategic Plan for
the county. This item is continued at Commissioner Taylor's
request.
I have two time-certain items on today's agenda,
Commissioners. The first is with Item 11B. This is a
recommendation to consider a contribution agreement between the
county and Uline Corporation, and that item is scheduled to be heard
at 11 a.m. this morning.
And, finally, Item 11A, the COVID status report to the Board, is
scheduled to be heard at 1:00 p.m.
Those are all the changes that I have, Mr. Chairman.
CHAIRMAN SAUNDERS: All right. Let's see if there's any
questions from the Commission on the proposed continuances that
the Manager has outlined. Anyone have any problems with any of
those?
(No response.)
October 13, 2020
Page 5
CHAIRMAN SAUNDERS: All right. Let's see if there are
any other changes.
Commissioner McDaniel, do you have anything else?
COMMISSIONER McDANIEL: Do you want ex parte as
well?
CHAIRMAN SAUNDERS: Yes.
COMMISSIONER McDANIEL: No. I have no adjustments
and no ex parte on the consent or the summary.
CHAIRMAN SAUNDERS: All right.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. No ex parte on the
consent or the summary; however, I would like to register a no vote
on Item No. 16H3, which is a resolution from Collier County
supporting innovative pilot projects on Lake O.
CHAIRMAN SAUNDERS: Okay. Commissioner Fiala, do
you have any changes and disclosures?
COMMISSIONER FIALA: No changes, no corrections, no
additions.
CHAIRMAN SAUNDERS: Okay. And, Commissioner Solis,
we're on the approval of the agenda. Three items have been
continued. You have the change sheet there. Do you have any
problem with the three continuances or any questions concerning
that?
COMMISSIONER SOLIS: No, I don't, and I have no
disclosures and nothing else on consent or summary.
CHAIRMAN SAUNDERS: All right. I have no changes, and
I have no disclosures.
Do we have registered speakers?
MR. MILLER: I just wanted to alert you. I have two that are
registered for a consent agenda item, but they are not online. So, if
they're not online at this time, I just wanted to let you know they're
October 13, 2020
Page 6
registered.
CHAIRMAN SAUNDERS: Okay. Then we need a motion to
approve the agenda, as amended, and the consent and summary
agenda.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: 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.
Proposed Agenda Changes
Board of County Commissioners Meeting
October 13, 2020
Continue Item 11D to the October 27, 2020 BCC Meeting: Recommendation to accept staff's
progress update for the Golden Gate Golf Course development project and provide direction, as
appropriate. (Commissioner Saunders’ request)
Continue Item 16A26 to the October 27, 2020 BCC Meeting: Recommendation to accept the Sub-
Award and Grant Agreement with the Florida Division of Emergency Management (FDEM) for
funding in the amount of $60,000 under the Federal Emergency Management Agency (FEMA)
Hazard Mitigation Grant Program for the design of the Big Cypress Golf and Country Club
Drainage Improvements and authorize necessary budget amendments. (Staff’s request)
Continue Item 16F8 to the October 27, 2020 BCC Meeting: Recommendation to approve an
Agreement with the United Arts Council of Collier County in support of achieving the strategies
outlined in the Board adopted Collier County Arts & Culture Strategic Plan; approve a waiver
from the competitive procurement process for the United Arts Council and make a finding that this
expenditure promotes tourism. (Commissioner Taylor’s request)
Time Certain:
Item 11B to be heard at 11:00 a.m.
Item 11A to be heard at 1:00 p.m.
10/30/2020 9:39 AM
October 13, 2020
Page 7
Item #4
PROCLAMATIONS – ALL PROCLAMATIONS WERE
ADOPTED IN THE CONSENT AGENDA
MR. OCHS: Mr. Chairman, as it has been our custom during
the pandemic, we move to Item 4, proclamations. I have a couple of
proclamations that are part of your consent agenda this morning.
Item #16H1
PROCLAMATION DESIGNATING OCTOBER 2020 AS SAFE
INFANT SLEEP MONTH IN COLLIER COUNTY. THE
PROCLAMATION WILL BE MAILED TO DANNA BREEDEN,
R.N., MATERNAL AND CHILD NURSE CONSULTANT,
FLORIDA DEPARTMENT OF HEALTH - COLLIER COUNTY
MR. OCHS: The first is Item 16H1. This is a proclamation
designating October 2020 as Safe Infant Sleep Month in Collier
County. That proclamation will be mailed to Danna Breeden, the
R.N. for Maternal and Child Nurse Consultant with the Florida
Department of Health.
Item #16H2
PROCLAMATION DESIGNATING OCTOBER 2020 AS
DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER
COUNTY. THE PROCLAMATION WILL BE MAILED TO
LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER, THE
SHELTER FOR ABUSED WOMEN & CHILDREN
October 13, 2020
Page 8
MR. OCHS: Item 16H2 is a proclamation designating
October 2020 as Domestic Violence Awareness Month in Collier
County. That proclamation will be mailed to Linda Oberhaus, the
chief executive officer of the Shelter for Abused Women and
Children.
And, finally, then we move to presentations.
Item #16F5
PRESENTATION OF THE DISTINGUISHED BUDGET
PRESENTATION AWARD FOR FISCAL YEAR 2020 FROM THE
GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA)
PRESENTED TO THE OFFICE OF MANAGEMENT AND
BUDGET. ACCEPTED BY MARK ISACKSON, DIRECTOR OF
CORPORATE FINANCIAL PLANNING AND MANAGEMENT
SERVICES
MR. OCHS: Item 16F5 on your consent agenda this morning
would have normally been the presentation in person of the
Distinguished Budget Presentation Award for Fiscal Year 2020 to the
Collier County Office of Management and Budget presented by the
Government Finance Officers Association.
CHAIRMAN SAUNDERS: All right. Congratulations to our
staff in reference to that. Thank you for going through those.
MR. OCHS: Yeah, thank you.
October 13, 2020
Page 9
Item #2B, #2C, 2D, and 2E
BCC SPECIAL MEETING MASK SUNSETTING MINUTES
FROM SEPTEMBER 3, 2020; REGULAR BCC MEETING
MINUTES FROM SEPTEMBER 8, 2020; BCC BUDGET
HEARING MEETING MINUTES FROM SEPTEMBER 17, 2020;
AND REGULAR BCC MEETING MINUTES FROM SEPTEMBER
22, 2020 – ALL APPROVED AS PRESENTED
CHAIRMAN SAUNDERS: Then we'll move up to Item 2B,
the minutes for the September 3, 2020, meeting; the September 8,
2020; September 17; and September 22. That's Items 2B, 2C, 2D,
2E. Any questions or comments on any of those minutes?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: We have 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: Those items are approved
unanimously.
We have -- I think next we'll move to public petitions.
Item #6
PUBLIC PETITION REQUEST FROM RICHARD YOVANOVICH
October 13, 2020
Page 10
REGARDING TAX INCREMENT REBATE 1705 & 1807
TAMIAMI TRAIL EAST – MOTION TO BRING BACK AT A
FUTURE MEETING – APPROVED
MR. OCHS: Yes, sir. We have one public petition on the
agenda this morning. It's a request from Rich Yovanovich regarding
tax increment rebate for 1705 and 1807 Tamiami Trail East.
The petitioner has up to 10 minutes to present.
CHAIRMAN SAUNDERS: All right. Good morning.
MR. YOVANOVICH: Good morning, Commissioners. Rich
Yovanovich on behalf of PC -- I'm sorry P6NT, LLC, who is the
contract purchaser of the approximately two acres of property on
your visualizer. David Parker is the representative of the LLC, and
he is also here with me today.
Our request is for you to bring back a detailed discussion item
about the possibility of providing tax increment -- ad valorem tax
rebate on the property similar to what you did for the county's
property immediately adjacent for the county's contract purchaser.
The property is basically the focal point at U.S. 41 and Davis
Boulevard, and it is within the Bayshore/Gateway Triangle
Redevelopment Area as identified on the location map.
This parcel was actually part of the presentation made by the
county's purchaser of the property when the county was establishing
the mini-triangle as the catalyst for the redevelopment of the entirety
of this redevelopment area. And this developer has worked with the
county and the purchaser of the county's property to share access and
assure that there can be two successful projects on this property.
The redevelopment area was established -- this is from
your -- this is from your Growth Management Plan. The
redevelopment area was established back in June of 2000. We're 20
years and later, and we still don't have, really, the first project to
October 13, 2020
Page 11
come out of the ground for this redevelopment area. And Mr. Parker
is hopeful to be that first project to actually come out of the ground.
He is in for a Site Development Plan amendment to move forward
with this project. He is poised to actually close on the property, get
the building permits, build the project, and hopefully be up and
running in, basically, May of 2023.
The purpose of this redevelopment area, also from your Growth
Management Plan, is to encourage the private sector to invest in this
area. Mr. Parker will be investing close to $100 million in this area
for his proposed project.
This project is in a CRA. The CRA was established, obviously,
to spur or encourage redevelopment. Since the establishment of this
CRA, the county has established a few innovation zones throughout
the county with the similar intent of using the tax increment financing
generated in these innovation zones to encourage developers to come
in and have some of the expenses associated with that project -- with
those projects set off by the utilization of taxes generated from that
developer's property and project.
In a few -- as I mentioned, the county has already had one tax
increment rebate approved, and that was for the county's own
property immediately adjacent. That, obviously, was an important
factor in that contract purchaser going forward. That property's been
under contract, I think, for close to four years. My understanding is
it may close here soon, but there's no actual timeline for the moving
forward with the actual construction on that property. Unlike that
situation, my client does have a plan and an ability to move forward
assuming there is some tax increment rebate for this project.
I want to go over the proposed project. You saw another
version of this. It was the Trio project. It was a design that did not
go forward. It had many flaws with it. But this project is going to
be a 125-room hotel, 24 condominium units, will -- the construction
October 13, 2020
Page 12
costs are north of $84 million.
This is the view at the actual tip of the triangle. All of this
information should be in your backup. It was provided with my
original letter to Deborah Forester, as well as should be attached to
your project. You can see that this is going to be a high-class hotel
and condominium project and will encourage others to invest in this
area.
This is more of a daytime shot where you can see the quality of
the architecture looking east at the corner. And then, finally, another
photograph of the proposed project.
When you see what our site plan looks like -- hopefully you'll
allow us to come back and show you those details -- together with
how the county's going to develop its -- the county's purchaser is
going to develop its project, you will see that the two projects will
work nicely together.
And it's been the goal for 20 years to have some private
investment in this area to not only spur development of this triangle,
but to actually spur development in the entirety of Davis Boulevard.
As I mentioned, the project has a commitment to meet these
timelines in order to get the rebate of the ad valorem taxes, and those
deadlines would be a closing by the end of this year, the Site
Development Plan amendment for the project must be approved by
the county by the end of February 2021, a building permit for the
project must be obtained by June 20th, 2021 -- this is all in my
letter -- they must mobilize the site by July 30th, 2021, and the
project must be completed by June 1, 2023, and the hotel must be
open by the end of July 31, 2023.
So, there are performance guidelines that must be met in order
for there to be any rebate of any taxes. So, we're not asking for a
hope and a wish. We have a specific guideline or timeline that we
will -- we will meet in order to be able to get to the tax rebate.
October 13, 2020
Page 13
There will also be a big economic impact with the construction
jobs related to this, approximately 200 construction -related jobs. In
addition, the hotel will employ approximately 100 people, a nd there
will be 900 indirect jobs associated with this project.
As I started, you had a catalyst -- you had a goal that there
would be a catalyst to the development of this area. This project is
that catalyst. It's a commitment to move forward. It's a significant
investment. We're confident that we will help you meet your goals
and objectives of the redevelopment plan adopted 20 years ago.
My client is an experienced developer with this type of
financing. He's done several projects on the East Coast. He has
other options to develop and take his $100 million and go over to the
East Coast to do another project that he's receiving incentives from
Palm Beach County related to a golf course community for a very
well-known golfer who is investing in my client's ability to do a
project. But he'd rather develop here on our -- over here. And it's a
significant risk to be the first development to come out of the ground
on this triangle piece of property.
We request that you give us an opportunity to prepare a
feasibility study and submit it to the county as part of this project.
Unlike another project on your agenda, we're not asking you to fund
that feasibility study for us. We're happy to fund it ourselves. We'll
fund that feasibility study. We'll give it to your staff. Your staff
will have an opportunity to review it, critique it, and then hopefully
come back with a recommendation one way or the other that we can
now discuss with you the benefits of investing with Mr. Parker in
going forward with this hotel condominium project as originally
intended.
And with that, I think I have 30 seconds left, and I will open it
up to any questions you may have and, again, hope you will allow us
to move forward with a more detailed presentation. Thank you.
October 13, 2020
Page 14
CHAIRMAN SAUNDERS: All right. Let's see if there's any
comment from the Commission. We'll start at the far left here.
Commissioner McDaniel.
COMMISSIONER McDANIEL: I was going to hit my button,
but since you called on me, I -- I think, as Rich shared -- I find it
interesting. These are referred to as tax rebates as opposed to
investments in the community. I would like to have an audience
with this; see a formal presentation. I've talked to the developer.
I've talked to our staff. There's been multiple communications go
forth between our staff with regard to this. And as was mentioned,
we have two other items on our agenda today where other developers
are coming to us. This is a practice that we have done in our
community on a regular basis. Commissioner Taylor, I supported
that innovation zone -- is that what that was called out around 951
and Davis? Was --
COMMISSIONER TAYLOR: I think it's 4.
MR. CASALANGUIDA: Activity Center No. 9.
COMMISSIONER McDANIEL: Right.
COMMISSIONER TAYLOR: Nine.
COMMISSIONER McDANIEL: And, Commissioner
Saunders, I supported that project that you put through on Golden
Gate Parkway for its redevelopment, and those have TIFs involved.
I would like for us to come up with a little more pragmatic path
of a rate of return that can be derived from these investments, and to
me rather simple math, but that's a long answer to a statement. But I
would like to have an audience and maybe develop some policy to
help our staff work with folks that are looking to come forward and
have these type of incentivizes.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Since you brought me into this,
the difference between this and a policy of an area that we're trying to
October 13, 2020
Page 15
encourage a specific type of development in is this is in dividual.
This is an individual ask.
So, you know, we gave that benefit to the developers behind this
development because they were first, and they were taking the risk,
because they invested and said they had a vision for this area, which
is, I think, Commissioner Fiala's 20-year vision and, certainly, my
vision that I've -- that I've learned a lot from my colleague to my right
about her ideas and her goals that never were materialized because
the bottom fell out of the --
COMMISSIONER FIALA: Because of what, please?
COMMISSIONER TAYLOR: The bottom fell out of the
market. And when the bottom fell out of the market, the problem we
had was that the CRA purchased land and had enormous amount of
debt.
COMMISSIONER McDANIEL: Still does.
COMMISSIONER TAYLOR: And So, what happened -- and
it was before I was elected. I remember Mark Isackson coming to
the CRA meeting and talking about how he had restructured that debt
So, that it would not be So, costly to them. And now we have a
situation where it's finally clicking. We have huge investments on
Bayshore. No one's getting tax increment refunding. We have
individual businesses that have put down a significant amount of
money --
COMMISSIONER McDANIEL: Right.
COMMISSIONER TAYLOR: -- individual proprietors
throughout the area. We never discussed refunding the TIF, and I
just don't see this right now.
I was asked -- I had a meeting with this gentleman, very
intelligent and very creative man who wants to do this, and he said, I
just don't understand. I get it in Palm Beach. I get it, you know, in
other places. Why not here? I said, because you're walking
October 13, 2020
Page 16
distance to the Naples Beach. You're walking distance to Fifth
Avenue. That's why.
Thank you.
CHAIRMAN SAUNDERS: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Also we're going to
have -- this has been money -- inspiration money to encourage people
to come to the area, but it's going to end. You-all voted not to
extend it, So, we've got an end date right there.
And we have nothing to give other people. And if we want to
encourage more development, we can't just give this away because it
leaves us with about nothing, and So, I'm really opposed to it.
CHAIRMAN SAUNDERS: Okay. All right. I've -- when I
first -- I don't see anybody else's light lit up here. When I first
discussed this with Mr. Yovanovich, my reaction was, why would we
do this? How do we distinguish between this property owner and
everyone else in the Bayshore triangle? But as I've listened, I do
understand the magnitude of the investment, the location of this -- of
the project.
I think I could support having staff come back with some
recommendations and some analysis, but I have some -- if we do vote
to do that -- and that looks like it might depend on Commissioner
Solis before it's all over with here. But if this does come back, I
have some very significant issues. One is the precedential value of
this. If we just out of the clear blue grant some TIF financing to this
project, basically, after the fact, what about the next guy that is going
to come in and ask for the same thing? So, that would be a real
difficult hurdle for me to get over.
Secondly, I would need to know the amount and what type of
return that the county ultimately will be getting from this project.
So, this would be, from my view, even if I vote to put this on
another agenda, there are some very difficult hurdles to get over.
October 13, 2020
Page 17
But I think it's fair to give you that opportunity. But I'm, from the
outset, letting you know that you've got two no votes over here
already. I'm in the middle of the yes and no vote leaning t owards the
no vote. And so, if it does come back, you'd have a really difficult
hurdle to get over.
Having said that, Commissioner McDaniel, you're lit up again.
COMMISSIONER McDANIEL: Commissioner Solis, I'd like
to hear what you have to say before I wrap up.
COMMISSIONER SOLIS: Okay. I think it's -- it's worth
giving the owner or the contract purchaser the opportunity to present
it. I mean, I think I agree with what Commissioner Saunders has
said. I mean, there are some serious hurdles, I think, because, you
know, the property was originally purchased without it. We've heard
the current owner say that they'd go forward with it, but I think
it's -- it would be the right thing to do, to give the purchaser an
opportunity to make their case understanding that, you know, staff
isn't necessarily behind it.
There's some issues that have been identified already. But I
think, in fairness, we should let them at least do their analysis, if
they're going to pay for it, present it, and make the best case they can.
But, yeah, I think I'm somewhere in the middle in terms of --
CHAIRMAN SAUNDERS: All right. Well, let's entertain a
motion, then, on whether we're going to put this on another agenda.
We don't need to discuss it any further, I don't think.
COMMISSIONER McDANIEL: I'll make that motion.
CHAIRMAN SAUNDERS: We have a motion. Is there a
second? I'll second the motion. And, again, this is just to put it on a
future agenda --
COMMISSIONER McDANIEL: Right.
CHAIRMAN SAUNDERS: -- for discussion. No indication
of favorability.
October 13, 2020
Page 18
COMMISSIONER McDANIEL: Can I say one thing,
Mr. Chair?
CHAIRMAN SAUNDERS: Yeah but make it quick
because -- because we need to move on.
COMMISSIONER McDANIEL: It will be quick. I just
wanted to say I share your concerns. I share the concerns that
Commissioner Taylor brought up. I share the concerns that
Commissioner Fiala brought up. This isn't a slam dunk, yes, you get
it because we gave it to somebody else, but I think it's something we
should look at from a policy standpoint, so...
CHAIRMAN SAUNDERS: All right. We have a motion and
second to put this on a future agenda. All in favor, signify by saying
aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: Opposed?
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SAUNDERS: I believe that passes 4-1; is that
correct? All right.
MR. YOVANOVICH: Thank you.
CHAIRMAN SAUNDERS: So, you actually got a little bit
more positivity there on the vote.
MR. YOVANOVICH: We understand the hurdles, and we'll
present the information. Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
October 13, 2020
Page 19
CHAIRMAN SAUNDERS: All right. We're on to Item 7, the
public comments on items not on the agenda. Do we have any
registered speakers?
MR. MILLER: Yes, we do, Mr. Chairman. I have three
registered. Two in person, one online. Your first speaker will be
Garrett Beyrent, and he will be followed by -- let me recall my name
here -- Barbara Dennison and then David Grogan.
CHAIRMAN SAUNDERS: Okay. Mr. Beyrent, good
morning. No statues this morning?
MR. BEYRENT: No. Actually, that's why I'm here, though.
For the record, Garrett F.X. Beyrent, lobbyist, for everybody that's
not lobbied for.
In any case, I'm here specifically to announce what I determine
to be your awards, okay. Everybody did a great job. A scale from 1
to 5, everybody got a 5. I was kind of wondering why the County
Attorney got a 3 point some or other. Didn't make any sense to me,
So, I thought, maybe somebody should come up with a number
where everybody can agree upon when it's good, and that would be
the number 5, okay.
Now, I'm specifically here to address something that occurred
five years ago. That was when I weaseled my way into the
Economic Development Council, the accelerator program. I actually
snuck into a meeting. I wasn't supposed to be there, and it parlayed
into something very interesting, because Commissioner Solis, who I
gave the first award to -- he's over there, okay -- I was kind of like
hedging all my bets that when he made his trip to Sophia Antipolis,
which is the largest smart park in Europe, that he'd come back -- and
he was the only person that actually went -- and he'd realize that we
could actually steal corporations from Europe and bring them here
and have them set up their headquarters right here, and then they
October 13, 2020
Page 20
could come and visit us and bring all their economic benefit to us.
Unfortunately for me, he didn't register with France and go back
and really get into the program because he -- he found a higher
calling, which was to work with another organization I was involved
with many years ago, and that's the David Lawrence Society, mental
health.
So, I'll kind of like -- I don't know where I'm going anymore. I
always look at Burt Saunders, because he was my attorney one time.
And my other attorneys -- I had 17 attorneys here, and that was
always my favorite was Burt because Burt -- he's a -- he's the kind of
guy that has the personality that can deal with anything.
And as far as Commissioner Solis goes, I wish you well with
TLC. And that's all I have to say.
So, everybody got a 5. Thank you.
CHAIRMAN SAUNDERS: Thank you. Thank you.
MR. MILLER: Your next speaker is Barbara Denson, and she
will be followed by David Grogan. Ms. Denson, are you with us
online? Ms. Denson?
(No response.)
CHAIRMAN SAUNDERS: All right. David Grogan?
Mr. Grogan?
MS. DENSON: Good morning. I'm here, sir.
MR. MILLER: Okay. All right. Thank you, Ms. Denson.
Ms. Denson, please proceed. You have three minutes.
MS. DENSON: Yes. Good morning. My name is Barbara
Denson, and I have a large family home childcare here in Collier
County for over 29 years, and I applied for the small business
relaunch/rehire grant, and I was denied because I'm a home-based
business. And I want to know the qualifications of this grant and
how can we get approved for this grant.
COMMISSIONER TAYLOR: What grant is it?
October 13, 2020
Page 21
MS. DENSON: The relaunch/rehire for small business.
COMMISSIONER TAYLOR: CARES Act.
CHAIRMAN SAUNDERS: Why don't we suggest that that
staff -- if you'll give staff some contact information, we'll just have
somebody contact you and try to figure out what that -- what the
issue is there. Is that okay with you, Mr. Ochs?
MR. OCHS: Yes, sir. We'll make that contact this morning.
CHAIRMAN SAUNDERS: All right. Do we have her contact
information, or do you have that?
MR. OCHS: Yeah. Apparently, she's an applicant. We have
the lady's name, So, we'll be able to make contact.
MR. MILLER: I will work with my Zoom people and make
sure we have a contact information on that. Sir, thank you.
CHAIRMAN SAUNDERS: All right. Thank you.
MR. MILLER: Your final speaker under public comment is
David Grogan.
CHAIRMAN SAUNDERS: Good morning.
MR. GROGAN: Good morning. I was here earlier this year to
talk about the fraud occurring in our condominium and homeowner
associations. You acknowledged that it is, in fact, a problem but
passed it off as a state issue as if you were helpless to do anything
about it. I respectfully ask you to reconsider your position.
You have probably heard the expression "it takes a village to
raise a child." Well, it takes a village to combat fraud.
I'd also like to point out some great advice contained in the
international bestselling book of all time titled "The Best Instruction
Before Leaving Earth," and that advice is, evil flourishes when good
people do nothing.
But today I'm here to talk about something else. I'd like you to
join me in recognizing the evening of January 1st as Blue Light Night
in Collier County where we show our appreciation for our law
October 13, 2020
Page 22
enforcement officers by lighting a blue light outside of our
residences.
The majority of our police officers perform a very difficult job
with honor and integrity each and every day. It is not right to take
the actions of bad police officers and broadbrush everyone else.
Blue lightbulbs will be made available for purchase throughout
Collier County, and the proceeds will benefit the Collier 100 Club,
which is a local charity that provides financial assistance to families
of first responders.
I'd like to thank you for your time.
CHAIRMAN SAUNDERS: Thank you. I would suggest, if
you would, send us an email or something to reiterate what you've
just said, and then we can --
MR. GROGAN: Sure.
CHAIRMAN SAUNDERS: -- consider what we want to do
individually on that. So, thank you for that.
MR. GROGAN: Thank you.
MR. MILLER: That was all the speakers we had for Item 7,
Mr. Chairman.
CHAIRMAN SAUNDERS: All right.
Mr. Ochs.
MR. OCHS: Yes, sir. Commissioners, we move to advertised
public hearings on your agenda this morning.
Item #9A
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 04-74, THE ORANGE BLOSSOM
RANCH PLANNED UNIT DEVELOPMENT (PUD), TO
INCREASE THE MAXIMUM NUMBER OF DWELLING UNITS
October 13, 2020
Page 23
FROM 1,600 TO 1,950; AND PROVIDING AN EFFECTIVE
DATE. THE SUBJECT PROPERTY IS LOCATED ON THE
NORTH AND SOUTH SIDES OF OIL WELL ROAD (C.R. 858)
APPROXIMATELY ONE MILE EAST OF IMMOKALEE ROAD
(C.R. 846) IN SECTIONS 13, 14 AND 24, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, AND SECTION 19, TOWNSHIP 48 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA CONSISTING
OF 616+/- ACRES - MOTION TO CONTINUE TO THE NEXT
MEETING – APPROVED
MR. OCHS: Item 9A requires ex parte disclosure be provided
by commission members, and all participants are required to be
sworn in. This is a recommendation to approve an ordinance
amending the Orange Blossom Ranch Planned Unit Development to
increase the maximum number of dwelling units from 1,600 to 1,950
units, and this property is located on both the north and south sides of
Oil Well Road approximately one mile east of Immokalee Roa d.
CHAIRMAN SAUNDERS: All right. Let's --
MR. OCHS: Ex parte, sir.
CHAIRMAN SAUNDERS: Yeah. Let's start with the ex
parte, and then we'll swear in all of the witnesses.
We'll start with Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Good morning. I
have had meetings, emails, and phone calls on this item.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: The same: Meetings, emails,
and phone calls.
CHAIRMAN SAUNDERS: And, Commissioner Solis?
COMMISSIONER SOLIS: Various emails and a meeting with
Mr. Yovanovich.
CHAIRMAN SAUNDERS: And, Commissioner Fiala.
October 13, 2020
Page 24
COMMISSIONER FIALA: Yes. I've had meetings with the
applicant and his counsel, I've gotten emails, and that's it.
CHAIRMAN SAUNDERS: And I've had meetings as well as
emails and telephone calls concerning that project as well.
And if we'll swear in the witnesses.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SAUNDERS: Thank you. Mr. Yovanovich.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich on behalf of the applicant.
I have a host of people here with me who can answer questions
that I can't answer. I have Anthony Solomon from the Ronto Group;
Carl Barraco from Barraco & Associates. He's our civil engineer for
the project; Jennifer Sapen is one of the planners on the property.
She's also with Barraco & Associates; Ted Treesh, our transportation
consultant is here; and Mr. Mulhere with Hole Montes will be
assisting me in the presentation of this project.
As the County Manager pointed out, this property is located on
both the north and south side of Oil Well Road. It's an existing
PUD. It is 616 acres. It's currently approved at 1,600 dwelling
units at 2.8 dwelling units per acre.
The request is to add an additional 350 units in the area where
you see future development, which would bring the overall project
density to 3.4 dwelling units per acre.
This is a little bit of a unique piece of property. Mr. Mulhere
will take you through a little bit of greater detail. It's a settlement
area. It's four sections of land that is intended to developed as an
urban project at urban densities. And as we're all aware, the urban
density in Collier County is four units per acre. We are asking to
add a few units and still remain significantly under the four units per
acre.
I was engaged after the Planning Commission meeting. I
October 13, 2020
Page 25
reviewed the Planning Commission presentation, and I was actually
in the audience for another matter, So, I got to observe it at the same
time. And I got to hear firsthand what the public comments or
concerns were at that hearing. And it was related to, in reality, the
development on the north side of the road, because that's where most
of the homes exist today and the concerns related to development on
the north side of the road, because the initial thought was these 350
units were being added to the north side. And people on the north
side were saying, we already have enough units. Do not put any
more units on the north side of the road.
So, their concerns were the need for additional parking. The
code-required parking is being provided on the north side, but there
was concerns that because the typical purchaser in this community is
a working family with kids who are in schools -- and we'll show you
how close the schools are -- there were more than the typical number
of vehicles associated with the residents in that community. So, the
residents had concerns about parking.
There was a concern that there was only one way in and one
way out to the project on the north and south. So, a second means of
egress -- ingress and egress, the community felt, was necessary and,
as well, a potential concern about overtaxing the amenities.
I did speak to one of the primary objectors about her concerns,
and when -- those concerns quickly went away when I explained to
her that the units were actually on the south side of the road.
She said, oh, I wish I'd have understood that. I wouldn't have
had the concern I had. But she goes, there were other concerns, too.
How are you going to address those?
And what we had -- before I even spoke to her, we had already
committed to the following additional items to be in the PUD.
First of all, before we got the benefit of any of the additional
units, we had to construct an additional 150 parking spaces within the
October 13, 2020
Page 26
project, and we have an exhibit that gets attached to the PUD to show
you where those 150 parking spaces are going to be.
We also had a commitment that we would not get a CO for any
of those additional units until we had two means of ingress and egress
on the north side of Oil Well Road to the project as well as two
means of ingress and egress on the south side of Oil Well Road to th e
project.
And, finally, we agreed -- and that's also in the PUD. And then
we agreed to a second -- there's already an amenity center on the
south side of Oil Well Road. We agreed to enhance it to make it a
larger amenity center, make it more of a resort-style amenity center
similar to the amenity center on the north side of the project.
So, all of those conditions were added to the PUD before I even
spoke to the woman who had raised concerns. And she said, you've
addressed my concerns by doing this and I'm sure the concerns of
many of my friends who also had the same concerns.
So, Bob will take you through in a little bit greater detail how all
of those are in the PUD and the revisions to the master plan
associated with that.
By way of a little bit of history, when we continued the item the
last time, there was a companion item on the agenda for a developer
agreement where Ronto, as the developer, has been working with
Collier County over the years to assist the county whenever it needed
some additional help with roads, et cetera, even though it was not an
obligation in the PUD to do so.
You approved, on your last agenda, one of those commitments.
We set aside 150,000 cubic yards of fill for the county to use in the
county's projects. That went forward on the last agenda.
We've given additional right-of-way for the road leading to the
county's park; that was not a requirement of the PUD. We've
provided a utility easement along the south portion of the property,
October 13, 2020
Page 27
again, to help the county with future well sites and raw water lines.
And we've worked with the county on the county's drainage of the
park to assist in the county's park moving forward, all at no cost to
the county and simply because Ronto is a good neighbor and wanted
to cooperate with the county.
Bob is going to take you through the planning concepts.
Hopefully at the end of this you will follow your staff's
recommendation which was to recommend approval of the project.
And with that, I'll turn it over to Mr. Mulhere.
MR. MULHERE: Thank you, Rich.
Good morning. For the record -- take this off.
COMMISSIONER FIALA: Thank you.
MR. MULHERE: You can hear me better without that. For
the record, Bob Mulhere with Hole Montes.
And, Rich, I think, really went over -- I've attached myself to
this mask. Rich went over the salient points, but I'll try to go over
them from a planning perspective in a little bit more detail.
If you look on the visualizer, you'll see on the county's overall
Future Land Use Map the location of the settlement area. Well, I
have an arrow, but it's right there. Thank you. Thank you, Leo. I
like to use that machine there.
This is the Golden Gate Area Master Plan. The property,
actually, is within the Golden Gate Area Master Plan. So, again, you
can see a little closer view.
COMMISSIONER McDANIEL: I think back in the old days it
was actually designated as Golden Gate City North.
MR. MULHERE: It was. It was, prior to that settlement. It
was going to be a second Golden Gate City.
COMMISSIONER McDANIEL: Golden Gate City; four
square miles, same size.
MR. MULHERE: So, as we discussed -- yes. There it is right
October 13, 2020
Page 28
there. You beat me to the punch.
It was zoned and platted back in the days where these kinds of
plats were routinely approved, generally -- often in locations where
there were no services.
So, there was a lawsuit, and there was a settlement in 1986, and
that settlement allowed for 2,100 dwelling units, 22 acres of
commercial. This area now includes, as we indicated, both
Orangetree and Orange Blossom PUDs.
Just as a point of information, the district allows residential,
earth mining, commercial, agricultural, community facilities,
community uses, educational facilities, religious facilities. So, it
allows a lot of uses that are also helpful, some maybe not so, but
those that are helpful for this type of location that will have urban
style development.
This is hard to read. I'll go over it real quickly. I just wanted
to point out a couple of policies in the FLUE and the Golden Gate
Area Master Plan. Policy 5.7 in the FLUE says that the county will
encourage the use of land, excuse me, designated for urban intensity
uses before designating other areas for urban intensity uses, and that's
because there's an economy of scale there. You have the ability to
serve those urban areas at a lower cost and greater efficiency.
It also says that the rural settlement district is -- also known as
North Golden Gate, is one of those areas. Then, within the Golden
Gate Area Master plan, it says that future zoning changes within the
settlement area to add dwelling units or commercial acreage will not
be prohibited or discouraged by reason of the above-referenced
vested status. That is the vested status from the settlement. So, I
think those are somewhat important policies.
Rich indicated that there were a lot of services in this location,
and I think if you look at this exhibit, you can see that that is the case.
The county is providing for a new -- new regional utility plant
October 13, 2020
Page 29
upgrades. That's located right there.
We have the Sheriff's Office and EMS and Collier County
Fairgrounds; right there. You're all very familiar with the regional
park; right here. You have Palmetto Ridge High School, Corkscrew
Elementary and Middle School. This is a future commercial site
right here. There is a utility plant right here. And you will have
additional future retail in here, and you have retail right here. This is
where the Publix exists. And you have a fire station also down here.
So, all of the services that are needed to serve a community
developed at urban levels of density -- which, as we know, the base
density is four units per acre. This is less than that.
Just to give you a status of the development. It's anticipated,
based on the current absorption rate, that all of the remaining exhibits
[sic] will be developed and sold within about two years. So, these
additional 350 units, which will be in this area. It will take about
maybe a year to plat it, and then it's anticipated that t hat development
will occur over the next two years as well. I don't think I have to tell
you this: There's very strong demand. And, of course, in this
location this will meet a need for folks who are -- for working folks
in Collier County.
The master plan is unchanged; same uses and buffers and
setbacks. And, of course, this project is compatible with the
surrounding land use and complies with your -- either does or will
comply with your LDC and does comply with -- is consistent with the
GMP.
So, Rich went over these. I just wanted to give you a visual
example. It's interesting, because I live in a community that has a lot
of, you know, working-class folks and with children who are driving,
and I experience the same thing. And we have some additional
overflow parking because the community has shorter or smaller
driveways, and it's hard to fit all the cars in the driveway. And
October 13, 2020
Page 30
rather than park them on the street, there's some overflow spaces.
So, that's the purpose of this. That was the comment that was made.
The developers agreed to and looked at this project and located a
number of locations where we can provide for a total of 150
additional spaces, and those are going to be developed concurrent
with the surrounding infrastructure improvements.
And then, which makes a lot of sense, there was concern about
the impact of the additional density on a single point of ingress and
egress north and south of Oil Well, So, there is a second point of
ingress and egress, and it's located right here. And, by the way,
that's the road that will lead up towards the regional park. There's
internal access to the regional park as well.
And then there were concerns expressed about the fact that there
was a resort-style amenity center on the north side and a smaller not
quite as robust amenity center existing on the south side and that
maybe all of the folks from the south side were using the north side.
Same community. But the developer understood that, and I think it
also benefits him from a marketing perspective; he went in and
redesigned a resort-style amenity center adding to what exists on the
south side. So, we believe that we've addressed those concerns.
I think it's significant to mention that all -- a majority of the
units are within a quarter mile and all of the units are within a
half-mile of those amenity centers. So, it's very walkable. You
don't have to drive your car to get to it.
And I just wanted to show this: The -- the internal access to the
park, which is right -- the access to the park from Oil Well is right
there, and there's an internal access right here. And we've worked
with staff to have that design.
I think we already went over these stipulations. I won't spend a
lot of time. I'm sure you have a busy agenda. But, you know, all of
those conditions that we've agreed to will be adhered to as a part of
October 13, 2020
Page 31
the PUD and also before the impacts from the residential units are
realized or experienced.
So, we think this is a great location. It's one of those situations
where you have schools capacity, police protection, water, sewer, and
shopping, So, you really have all of the ingredients that are
appropriate in this location.
As we said, it's 3.4 units per acre, which is less than the base
density -- urban density of four. It's going to create a diverse mix of
reasonably priced housing types, which is very advantageous. And,
really, that's how this project has already developed. There aren't
any adverse impacts, and we do have a staff recommendation of
approval.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. Regarding the additional
parking, is that a -- I can't figure out where it all is located. And is it
close to all of this shopping? Is it close to the housing? Is it off in a
corner? I just don't know, So, could you show us a picture.
MR. MULHERE: Sure. So, the idea or the concern was that a
lot of folks had more than two vehicles, maybe more than three,
maybe four. So, it's hard -- So, it really wasn't an issue of having it
located next to commercial. There's parking available at the amenity
centers, but they're also in proximity. You can walk or you can
drive, So, those weren't an issue. It was really just, we need more
parking for overflow parking, because people were probably parking
on the street in the north side.
MR. YOVANOVICH: Commissioner Fiala, if I may, what
Bob was trying to show you was if you see the future development
areas and the existing development where it says "development
permitted" on the north side of the road -- I'm not as fancy as Bob.
Maybe I can try it and see. Parking would be added right here where
there are existing homes that need the additional parking. The
October 13, 2020
Page 32
amenity center is right here. People are actually parking in the
amenity center overnight with their vehicles. So, -- because they're
working-class people, they bring their work vehicle home. It's
causing problems.
So, we're adding parking right where existing homes already are
there to address the shortfall already as well as the shortfall with the
amenity center. And then down in this area right here where we
showed you the amenity center that's going to be expanded, we're
providing for additional parking down there to address the parking
shortfalls. So, we've strategically put the parking where the
problems already exist.
COMMISSIONER FIALA: Where the existing problems are?
MR. YOVANOVICH: Yes. Where they already exist, yes.
CHAIRMAN SAUNDERS: Do we have -- any further on your
presentation?
MR. YOVANOVICH: I think, other than answering questions,
we're good.
CHAIRMAN SAUNDERS: All right. We will have some
public comment. Before we get to public comment, let's see if
there's a staff -- any staff response or any further questions from the
Commission. If there are no other questions --
MR. OCHS: James. Sir, I'm sorry. We're just waiting to get
this cleaned up.
MR. SABO: Thank you.
Good morning.
CHAIRMAN SAUNDERS: Good morning.
COMMISSIONER FIALA: Good morning.
MR. SABO: For the record, James Sabo, principal planner with
the county.
Pretty straightforward. The developer did a great job of
summising [sic] and summarizing the entire project.
October 13, 2020
Page 33
The motion to deny was made at the September 19th, 2019,
meeting of the Planning Commission. They have since made those
changes, mitigated some of the comments made and concerns by the
residents, So, they have addressed those here today.
Our recommendation is to respectfully disagree with the
Planning Commission and recommend approval for Orange Blossom
Ranch, and that is essentially our recommendation.
I'll entertain any questions.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah, just a couple of
questions. Is this particular development, Orange Blossom -- I'm a
little confused. Is it in the RFMUD or the RLSA?
MR. SABO: It is RLSA. No. Neither one?
MR. MULHERE: Neither.
MR. SABO: Sorry, sorry.
MR. MULHERE: It's in the settlement area. It's neither in the
Rural Fringe Mixed District nor the RLSA. Special settlement area,
four sections of land.
COMMISSIONER TAYLOR: The RLSA is right next door.
MR. MULHERE: To the east, yes.
MR. SABO: The settlement district happened before I got here,
So, I apologize.
CHAIRMAN SAUNDERS: Any questions for staff?
Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah, just another question.
Are you familiar with the policy that we have that when we grant
increased density, we do it before [sic] a public purpose?
MR. SABO: I understand that. I do understand that. Our
recommendation was based on the fact that they're still under the four
units per acre -- the county standard for four units per acre that's
based -- that's what our recommendation is based on.
October 13, 2020
Page 34
COMMISSIONER TAYLOR: Without any consideration of
the public?
MR. SABO: Well, it is considered to be consistent with public
policy to be at four units per acre or less, So, that's what our
recommendation is based on.
COMMISSIONER TAYLOR: But it's also consistent with
public policy that, when we grant increased density, we do it where
there is an advantage to the public and one of those advantages is the
creation of affordable housing that stays, not the Rich Yovanovich
defined affordable housing.
MR. SABO: Understood.
MR. YOVANOVICH: May I respond since you brought my
name up?
COMMISSIONER TAYLOR: I was watching you pace.
MR. YOVANOVICH: I figured you were -- I don't know.
First of all, I've been doing this a long time. I don't recall any
policy anywhere in the Growth Management Plan that requires
affordable housing unless you want to go above the base density
within the Growth Management Plan. Since we're staying within the
base density of the Growth Management Plan, which is four units per
acre in urban areas, I think the policy, subject to your citing me to a
different policy, doesn't apply to this circumstance.
You are always allowed to come in and ask to amend a PUD to
increase density as long as it's consistent with the Comprehensive
Plan. And as you know, projects change over time. Initially, these
were going to be big lots, expensive homes, but there's a tremendous
desire and demand for moderately priced homes, and this project met
that demand. And we'll be continuing to provide for that demand.
And that's why we're in asking for the increase in density consistent
with the urban density of four units per acre.
So, I'm not aware of any policy that would require even the Rich
October 13, 2020
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Yovanovich portion or plan for affordable housing.
COMMISSIONER TAYLOR: What I meant was, is that the
issue of affordable housing is a huge challenge countywide, and I'd
like to see if there's any -- I think these are for sale, correct?
MR. YOVANOVICH: Absolutely.
COMMISSIONER TAYLOR: For sale.
MR. YOVANOVICH: For-sale product.
COMMISSIONER TAYLOR: And the price point is?
MR. YOVANOVICH: The price points are in the -- you know,
the 220- to 350- range. Obviously, there's going to be some homes
that may have higher upgrades that are pushed closer to 400,000.
But the price points for this project is the price point that you've been
asking me to have my clients develop at. So, I would hope that the
Commission would say we're going to support increased density even
consistent with the Comprehensive Plan because we're targeting that
market and price points.
COMMISSIONER TAYLOR: Well, usually there's some
guarantees and lengths of times, and there's some -- when it's
affordable housing, understanding that this market is a hot market
and prices are going to go up. I mean, it's clear that it's a very smart
move on the part of this development and the developer to do this
because you've outlined it. I mean, it's a -- it was a sales brochure
that was presented to us, but that's not what I'm concerned about.
I'm concerned about the issue of affordable housing and the lack of --
MR. YOVANOVICH: And we are addressing the need for
moderately priced housing, which your Comprehensive Plan talks
about. And if you look at the community --
COMMISSIONER TAYLOR: Right.
MR. YOVANOVICH: -- and the price points from that
community today, that's the target market. It's not going to rapidly
increase in value, because that's the market that exists, and that's the
October 13, 2020
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market we're targeting. These units aren't going to automatically
double in value because of the fact that there's a demand to move to
Florida. There are people targeting -- and you'll see in other
presentations. They're targeting this price point because it's a price
point that there's an active market for. And you want to get people
in Collier County to work here, live here, and stay here, and that's
what we're trying to do.
COMMISSIONER TAYLOR: Yes, sir.
CHAIRMAN SAUNDERS: All right. We'll move on, then,
on to public comment.
MR. MILLER: Yes. Mr. Chairman, we have two registered
speakers. Both speakers are online. I want to remind those
speakers that we will unmute you, but then you may have to unmute
yourself.
Your first speaker is Valerie Nowottnick, and she will be
followed by Rodger Meany.
Ms. Nowottnick, are you online with us? Valerie Nowottnick,
are you with us, ma'am?
MS. NOWOTTNICK: Yes, sir, I am.
CHAIRMAN SAUNDERS: If you would remind the speakers
that they have three minutes.
MR. MILLER: Yes, ma'am. Ms. Nowottnick, you have three
minutes. Please, go ahead.
MS. NOWOTTNICK: Thank you.
Good morning, Commissioners. I appreciate this opportunity to
speak with you today regarding this agenda item specifically the
potential approval of an increased number of dwelling u nits to be
built in our existing community.
My name is Valeria Nowottick, and I was recently elected
president of the Savannah Trace Residents Association, which is the
community association for the single-family residences located in the
October 13, 2020
Page 37
Groves at Orange Blossom.
The Groves at Orange Blossom is located on the south side of
Oil Well Road and is a sister community to the Ranch at Orange
Blossom, which is located on the north side of Oil Well Road.
Savannah Trace consists of 137 single-family manor homes, a
few of which have been here for over 14 years. Pulte originally
began developing this area but abandoned the property shortly after
constructing a few model homes. The community sat dormant until
approximately five years ago when the current developer purchased
the property and contracted with Lennar to finish building out the
remaining lot sites.
As of today, we have one home remaining under construction
and, upon completion, our community will be completely built out.
I sent an email to our homeowners yesterday asking for their
feedback and opinions regarding this application for additional
dwelling units. All of the responses received -- and by the way, a
majority of our homeowners responded. Not one homeowner was in
favor of this request. This is a sampling of the comments given:
Lennar did not disclose the proposed townhomes when they
were offering the manor homes for sale. Classic bait/switch selling
scheme.
Lennar assured and reassured potential buyers, including myself,
that only manor homes would be located in the Groves. There was
no mention of townhomes at any point, and townhomes are not
compatible in a community consisting of solely single-family
residences.
The developers proposing to route traffic through our
smaller-footprint community to access the additional homes,
including the proposed townhomes, which will further stress our
infrastructure in Savannah Trace. The access into our community is
extremely dangerous, as we have no dedicated right turning lane to
October 13, 2020
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come into the Groves off Oil Well Road. Increasing the amount of
vehicles stopping on Oil Well Road to make a right-hand turn into the
Groves is reckless and irresponsible on the Planning Commission's
part.
The developer has made no commitment to install a
traffic-control device at the intersection of the Ranch and the Groves
on Oil Well Road. Our current traffic relies on a cross-over that
must be navigated for both northbound and southbound traffic on Oil
Well Road, as well as the ingress and egress of tra ffic from each
community.
At the current build rate, the singular intersection can barely
function with the volume of residents using it on a daily basis,
especially at peak times during rush hour, as the majority of our two
communities are working-class residents.
Increasing the number of units even by 350 homes would not
only further tax the vehicle impact, adding an additional 700 cars or
more to our community with two cars per household, but also the
number of children --
CHAIRMAN SAUNDERS: Excuse me. I'm going to have to
ask you to wrap this up pretty quickly here. Your time is up. But
go ahead and wrap up real quickly, if you would.
MS. NOWOTTNICK: I appreciate the accommodation for the
additional time. Thank you.
So, in closing, although I didn't get to touch on all the points that
the homeowners wanted to make, we want to impress upon the
commissioners the importance of evaluating this particular petition
and considering all of the current issues that exist with the residents
that live here now, much less introducing another potential 700 or
more residents into this already overtaxed area.
We implore the commissioners to please deny this petition as the
current residents cannot afford to have any more residents come into
October 13, 2020
Page 39
the area without the necessary infrastructure in place, including
additional amenities to support over 700 residents.
CHAIRMAN SAUNDERS: All right. Thank you very much.
MR. MILLER: Thank you.
Mr. Chairman, our final speaker on this item is Rodger Meany.
Mr. Meany, if you'll please unmute yourself. And I will remind you
that you have three minutes. Are you with us, Mr. Meany?
MR. MEANY: Yes, I am.
MR. MILLER: Please begin, sir.
MR. MEANY: Hi. My name's Roger Meany. I'm a resident
and homeowner in the Groves at Orange Blossom.
The developer's staff has been less than honest with you. They
speak about retail and commercial land being right outside our
doorways when, in fact, it is a three-and-a-half-mile drive to the
Publix, CVS, nail place, and Chinese restaurant that exist on
Immokalee Road. We do not have commercial use or stores to shop
at, as they speak, right outside our development.
Now, when I bought in 2016, I was told by Lenna r salesmen as
well as when I asked, why is the land premium $10,000 more on the
Groves than on the Ranch side, and why are the homes $40,000 to
$70,000 more in the Groves? I was answered with, the Groves will
have manor homes only; 137 of them. We will not have condos,
townhomes, or anything else. This is pure greed by the developer.
I bought in the Groves under the pretense that it would be manor
homes, not that I would be sharing my land with condos, townhomes,
et cetera. I would have bought on the Ranch side if I wanted that.
They speak before putting in another amenity center on the
Grove side. They failed to tell you that the pool, tennis court, and
pickleball court are rarely used by anybody on this side. We've
already been assessed for one clubhouse that has resort-style
amenities. Now they want to hit us with a second one, and there is
October 13, 2020
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no way that they can tell me that we will not feel the effect of them
building a second amenity center to facilitate another 700-plus
residents with 350 units.
The density is, as Ms. Nowottnick said, with traffic is atrocious.
There was a fatality on Oil Well Road a month ago and three days
later another major accident. I don't know when the last traffic study
was, I believe it was 2018, but there's been a lot more construction in
Ave Maria. Arthrex has increased their staff, and now all the homes
that have finished on the Ranch side, as well as the ones that finished
on the Groves.
We have no traffic control signal. Our children have to go out
to Oil Well Road to be picked up for the elementary school, okay,
and there's no place for them to go. Add 700 more kids on 350
units, and you're going to have a nightmare.
The builder is doing this out of greed. They do not need to
have these units attached to our development. They're more than
free to use their land in a separate development, but to bait and switch
the homeowners that have already purchased, and now they have
come before you only after they're completing the very last home in
this development that they ask you to give them more use of the land
and attach it to us when we all bought being told that there would be
no condos or townhomes attached to our property over here.
Thank you.
CHAIRMAN SAUNDERS: Thank you, sir.
Any other speakers?
MR. MILLER: That was your final speaker, Mr. Chairman.
CHAIRMAN SAUNDERS: We'll close the public hearing.
We'll open this up now for discussion from the Commission, unless
you have some response.
MR. YOVANOVICH: Just a couple of -- I just want to address
a few of those comments.
October 13, 2020
Page 41
We're in that typical situation where someone says, the
developer promised me X. Well, the developer is Ronto. Lennar is
one of the builders in the community. I don't know what Lennar
promised, but I would be surprised if they ever promised there would
never be development on the vacant piece of property that I don't
know -- I would doubt that any developer would say that all that
white area is going to remain open and vacant for the entirety of the
project.
The PUD has always allowed for a multifamily including
townhome concept to be developed on that property.
According to Ronto, they've never assessed any of the residents
for the construction of the clubhouse. Maybe he's confusing it with
the annual HOA assessments that everybody pays to live in a
community, but there has been no assessment related to the current
clubhouse and the proposed -- all the proposed amenities that we
were discussing will be at Ronto's expense. There will be no
assessment to the residents who are currently living there to have
those amenities provided.
We have addressed the concerns of the community regarding
access. That's why we have two access points now to address people
being able to come in and out of the community. They may have
been correct with their comment about all the traffic when you were
limited to one way in and one way out. That was a concern that was
raised; we only have one way in and one way out. That's why we
have the second access point to address those concerns.
I'm told by county staff that there's not a plan for a traffic signal
at that intersection but, obviously, if there's one in the future, we
would support that. But I don't know what the plans are with Oil
Well Road and the potential of traffic signal there.
The project is a good project. It's meeting a need. It addressed
all of the concerns that were raised regarding safety and access to the
October 13, 2020
Page 42
project, as well as parking, as well as amenities, and we hope that the
Board of County Commissioners can follow staff's recommendation
of approval.
CHAIRMAN SAUNDERS: I do have a question for our staff
concerning the access points and the issues concerning congestion
and whether or not these additional units will create any kind of
problem for the existing residents in terms of egress and ingress.
MS. SCOTT: For the record, Trinity Scott, Transportation
Planning Manager. And I'm sorry, I was walking in and missed part
of your question.
CHAIRMAN SAUNDERS: The question is, there's been some
concern raised by one of the public-comment speakers concerning
congestion and additional traffic, especially in the neighborhood,
but -- getting access out of the neighborhoods from that project, and I
assume the staff has done some evaluation of that. And the question
is whether or not there's going to be any significant negative impact
on congestion and transportation there.
MS. SCOTT: With regard to Oil Well Road, the second
ingress/egress point will certainly split that traffic internal within the
southern portion. How it was originally proposed, they had one
ingress and egress, So, those additional units would have gone
through the existing development.
Now, with that second ingress and egress, it will allow
them -- the other folks to come through this one as well.
The second access point that they're proposing does line up with
the commercial parcel to the north as well as the access to the
regional park, and it also has a back entrance into the existing
residential on the north side as well. So, they will have access once
that commercial is developed.
As far as Oil Well Road specifically, based on the 2019 Annual
Update and Inventory Report, it's still operating at a Level of Service
October 13, 2020
Page 43
C with approximately 800 trips, plus or minus, remaining, and the
projected traffic for this particular development was 172 p.m.
peak-hour trips. So, there is sufficient capacity to handle this.
I would offer that there are three schools in this section of Oil
Well Road, So, certainly any of us who live or have to go through a
school zone in the morning, there is increased congestion during
those times, but we do work with the schools closely to try to clear
that congestion as quickly as possible.
CHAIRMAN SAUNDERS: All right. Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Before you go, Trinity. The
wider network.
MS. SCOTT: Yes.
COMMISSIONER McDANIEL: Immokalee Road, So, on, the
wider network, how are we doing there with regard to its capacity?
MS. SCOTT: Based on the 2019 Annual Update and Inventory
Report, which would have been the latest adopted, all of the segments
that this development would impact based on -- how we do our
significantly impacted area based on the transportation element, all of
those segments have sufficient capacity to handle the additional
traffic for this project.
COMMISSIONER McDANIEL: Even in advance of
Vanderbilt's construction to alleviate --
MS. SCOTT: They do for the 2019 Annual Update and
Inventory Report. But from a consistency standpoint, if one of those
roadways would not have operated, the applicant would get the
benefit, for consistency purposes, to take any projects that what we
call are in the third, fourth, or fifth year of our work program into
consideration for consistency. So, that would include Vanderbilt
Beach Road extension from Collier Boulevard all the way to
Everglades, the 16th Street bridge that will connect Golden Gate
October 13, 2020
Page 44
Boulevard to Randall, Randall Boulevard from Immokalee Road to
8th Street, as well as Wilson Boulevard from Golden Gate to
Immokalee. So, there are quite a few improvements in that area that
will provide additional network to redistribute that traffic.
COMMISSIONER McDANIEL: Pretty much all within the
next two years, if I'm not mistaken.
MS. SCOTT: The next five, yep.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. I'm just looking at this
document, and help me with this, Ms. Scott. From -- on the
Immokalee Road from Wilson to Oil Well Road, it is going to be or it
is at a Level D correctly [sic] right now, right?
MS. SCOTT: It is -- based on the 2019 Annual Update and
Inventory Report, it's currently operating at a Level of Service D with
476 remaining trips.
COMMISSIONER TAYLOR: What are we going to do?
MS. SCOTT: Well, we have Vanderbilt Beach Road extension
that's coming online that will go to Everglades Boulevard, which we
believe will provide significant relief to Immokalee Road.
COMMISSIONER TAYLOR: And what about from Collier to
Wilson; the same? Are you still banking on Vanderbilt?
MS. SCOTT: Yes.
COMMISSIONER TAYLOR: Okay. Well, that's an E right
now, Collier to Wilson.
MS. SCOTT: It is currently a D in the 2019.
COMMISSIONER TAYLOR: 2024, pardon me. Yes, it will
be -- in three years it will be an E.
MS. SCOTT: That is the projected based on -- we do
projections based on growth So, that we can plan accordingly,
because it does take us a little bit to get roadways built .
COMMISSIONER TAYLOR: Are we -- are we doing
October 13, 2020
Page 45
anything about addressing that with developers who want to increase
their density by 21 percent over what's existing now? What kind
of -- what kind of leverage do we have as a county besides a vote of
no up here? What do you have?
MS. SCOTT: So, from our perspective, not a lot, because we
would look at this based on the 2019 Annual Update and Inventory
Report, which is the latest adopted by the Board. And based on the
capacity that's available and with the improvements that are
projected, we would find them consistent. Now, when they come
forward for their plat or their Site Development Plan, we do get a
second bite at the apple, if you will.
So, if they came in from a concurrency standpoint, and they
were impacting a deficient roadway segment, we would look at their
plat and say, if there's not sufficient capacity, we may have to enter
into a developer agreement. We may have to delay their project.
But that's at the concurrency. That's not at this level.
COMMISSIONER TAYLOR: Okay. So, those options are
still out there for -- for the people -- the taxpayers of Collier County?
MS. SCOTT: They are, but there are pay-and-go provisions in
the state statute that would allow the developer to be able to pay and
move forward, and they do receive credit for any impact fees that
they would pay. So, we would calculate what their proportionate
share would be for that improvement, and then they get a credit back
for their impact fees, So, depending on how much that improvement
is and how much additional capacity that they would consume. So,
there's a complex math problem that we have to do at a later date.
COMMISSIONER TAYLOR: So, there really is no -- we don't
really have any kind of leverage other than a vote of no up here?
MS. SCOTT: It depends on the specific project when we start
looking at the actual cost of the improvement.
COMMISSIONER TAYLOR: Thank you.
October 13, 2020
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CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And just to further the
point with regard to our GMP and the necessity for the
construction -- where you going, Trinity? This is actually -- this has
to do with you. Don't leave me. I just -- I wanted to -- it was my
understanding the Vanderbilt Beach extension's trigger came clear
back in 2006 for its construction for the population that came to our
community by 2006, let alone the folks that have come in the past 14
years.
MS. SCOTT: That is correct. That project was deemed
needed back in -- back when Nick was standing over here.
COMMISSIONER McDANIEL: Yeah, I remember. So, I
just -- I wanted to share -- I wanted to share that, you know, a lot of
impacts of what we talk about with regard to growth and the
degradation of quality of life oftentimes comes with decision-making
by our boards and supplying the necessary infrastructure requisites
that our GMP calls for based on the population of the time, not 14
years later.
I did have a question -- thank you, Trinity --
MS. SCOTT: Thanks.
COMMISSIONER McDANIEL: -- for you, Rich, or Bob, one.
The lawsuit that was brought forward back in the -- in the late
'80s that delineated 21 total -- 2,100 units for that area, did that
include the entire four square miles of just this -- these two
quadrants?
MR. YOVANOVICH: I should let Bob answer that question
because he was probably -- I may have been still in high school at
that time. But I wasn't. I was a freshman. I was a freshman in
college. But I'll answer -- the answer is, it was the entire four
sections, and it clearly recognized that there would be future
expansion to that density as long as it was consistent with the
October 13, 2020
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Comprehensive Plan.
As you know, it was going to be another city, Golden Gate City.
So, the intent always was for an urban level density and intensity in
this area.
If I can, on the leverage question, I wanted to go back to this
slide. The developer has always been cooperative with the county,
and whenever the county needed something from the developer, we
didn't say, let us reverse leverage the county by saying, give me
something or else I'm not going to give it to you. The developer has
always been a good developer and cooperated when the county
needed something from the developer.
So, I don't think -- I think you need to look at it both ways.
And I'm sure Nick will tell you that when he's needed something
from Anthony Solomon, from Ronto, he's gotten it, and we
would -- we are just simply asking, treat us consistent with the
Comprehensive Plan, and we meet the Comprehensive Plan
requirements.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. Thank you.
Two questions, please. The first one: When do they expect
this to be built out?
MR. YOVANOVICH: I think the anticipation is about year
and a half from now probably starting to sell homes on that piece of
property by the time we plat it and put the infrastructure in place.
COMMISSIONER FIALA: And I'm keeping in mind while
we're talking about all of this, yes, it's 350 homes. I'm also seeing a
phenomenon that we haven't ever had before, and that is with all of
the things that have been on, whether it be COVID or rioting or
whatever, people want to get out of some of those northern cities, and
they want to come down here, and we better be prepared for them just
like we've been working on our utility plants and our streets and So,
October 13, 2020
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forth So, that we're prepared and we're not caught short.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. Mr. Yovanovich, please
note this was never personally directed at the developer that you
represent at all. It's more my awareness, frankly, that we've always,
as Collier County, been very friendly to developers. Not all counties
are friendly to developers, but we are one of them that are, and that's
all I needed to say.
MR. YOVANOVICH: Okay.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
No response is needed. We've got to get --
MR. YOVANOVICH: I understand.
CHAIRMAN SAUNDERS: -- to a vote here.
Commissioner McDaniel.
COMMISSIONER McDANIEL: And I just -- I wanted to ask
the applicant. There were some comments brought up by the
homeowners association president today and -- because one of my
original questions in review of this application was there was a point
in time where you were going to come back to the Planning
Commission, maybe even have an additional neighborhood
information meeting to better inform the residents as to what the
intentions were, and I was wondering why you chose to not do those
things.
MR. YOVANOVICH: Well -- and you're correct. We initially
wanted to go back and have a presentation, and then a little illne ss
occurred called COVID. We lost seven months of hearing time.
And we, instead, communicated through oral conversations with
people as well as then coming back -- just coming directly to you
based upon the changes in the scheduling, especially since the -- as
Commissioner Fiala pointed out, the demand is there, and we didn't
have the additional time to go back. We need to move forward to
October 13, 2020
Page 49
meet that demand.
So, we elected to come back here and directly explain to you
how we addressed the concerns of the Planning Commission instead
of going back and explaining it to them as well.
And, candidly, there were Planning Commissioners who I'm not
sure wanted us to come back. There were comments about, will we
be taking up, unnecessarily, some of their time. So, we decided to
come directly here.
COMMISSIONER McDANIEL: Right.
CHAIRMAN SAUNDERS: All right. I think we're ready for
a motion one way or the other, I think, on this item, unless there's
some further discussion on the substance.
COMMISSIONER McDANIEL: Well, I -- okay. Okay. I
heard some new things this morning in the testimony from some of
the residents that are there and directly impacted by it that I'm not
quite sure have been addressed, and that's where I -- I was -- I was
heading in that direction, so...
CHAIRMAN SAUNDERS: Well, we've got three choices.
We can send this back to the Planning Commission, we can vote yes,
or we can vote no. So, I think we've probably had enough testimony
to know what the issues are, and what I was looking for is a motion
not in any particular direction, but just to see if we were ready to
make a motion on this.
COMMISSIONER McDANIEL: Well -- and that's
where -- that's -- I mean, I would like to -- I would like to give
consideration to a continuance minimumly for two weeks --
MR. YOVANOVICH: Perfect.
COMMISSIONER McDANIEL: -- for me to have an
opportunity to speak to Valerie, the president of the homeowners'
association, maybe in -- and I'm not looking to delay it forever. I
mean, I'm inclined to support the project. I just want information
October 13, 2020
Page 50
given to the people.
MR. YOVANOVICH: And Mr. McDaniel --
COMMISSIONER McDANIEL: I feel like --
MR. YOVANOVICH: -- we're perfectly fine with a
continuance to address comments. I'm happy to speak to her myself,
or Bob can speak to her through you or with you. So, if you want a
two-week continuance on --
CHAIRMAN SAUNDERS: Let's see if there's a second.
Commissioner Solis --
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: -- your light is up.
All right. We have a motion and a second to continue this to
our next meeting.
Commissioner Solis.
COMMISSIONER SOLIS: My question was, Commissioner
McDaniel, what were the new issues that were raised? I just want to
be clear on what that is.
COMMISSIONER McDANIEL: Well, Valerie, the president
of the homeowners' association, I think, she said she's newly elected,
sent out emails yesterday and responses from a large majority of her
community. There's no way that I could have actually heard about
those things by now. And So, I would -- that's the thought process
of -- there was communication from them earlier on back in
September, but I just want to make sure that there's an opportunity to
address those concerns and show that -- So, that we're listening.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second.
COMMISSIONER FIALA: I just want to add, I'm glad that
you want to hear from the people, being that this is new information.
That's what we're all about, serving the people, so...
COMMISSIONER McDANIEL: Relatively speaking new.
October 13, 2020
Page 51
Some of those concerns were expressed before. But when she said
what she said today, that she had sent out an email and got a large
portion of her community's response, I took heed to that and knew
that there was subsequently no real way that I could have heard those
concerns. They may have already been addressed and -- but with a
quick neighborhood information meeting or some additional
information, I can -- we'll pull it together, so...
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. The public hearing has been closed.
MR. KLATZKOW: And just for advertising purposes, is
this -- are you continuing it to the next meeting or date certain or --
CHAIRMAN SAUNDERS: Continuing it until the next
meeting, which is a date certain, So, there will not have to be any
readvertising.
MR. KLATZKOW: Thank you.
CHAIRMAN SAUNDERS: Any further discussion on the
motion to continue?
(No response.)
CHAIRMAN SAUNDERS: If not, I'll call for the vote. 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. YOVANOVICH: All righty.
CHAIRMAN SAUNDERS: So, we will have a very
abbreviated discussion in terms of the petitioner, but we'll hear from
October 13, 2020
Page 52
Commissioner McDaniel on his research as well.
MR. YOVANOVICH: Understood.
MR. OCHS: Mr. Chairman, court order -- excuse me. Court
reporter break may be in order at this point.
CHAIRMAN SAUNDERS: All right. Why don't we come
back, what, about 20 minutes to 11:00? Will that be satisfactory?
All right. We're -- we will be in recess until 20 minutes to 11:00.
(A brief recess was had from 10:28 a.m. to 10:40 a.m.)
CHAIRMAN SAUNDERS: Ladies and gentlemen, the
meeting of the County Commission will please come back to order.
We're on 9B.
Item #9B
ORDINANCE 2020-31: AN ORDINANCE AMENDING
ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
SPECIFICALLY AMENDING THE FUTURE LAND USE
ELEMENT AND MAP SERIES BY AMENDING THE URBAN
COMMERCIAL DISTRICT TO ADD THE GERMAIN
IMMOKALEE COMMERCIAL SUBDISTRICT TO ALLOW
DEVELOPMENT OF UP TO 80,000 SQUARE FEET OF C-1,
COMMERCIAL PROFESSIONAL AND GENERAL OFFICE
DISTRICT AND LUXURY AUTOMOBILE DEALERSHIP USES.
THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE
OF IMMOKALEE ROAD, APPROXIMATELY .6 MILES WEST
OF I-75, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.97±
ACRES – ADOPTED
October 13, 2020
Page 53
Item #9C
ORDINANCE 2020-32: 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 AN
AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT
FOR THE PROJECT TO BE KNOWN AS GERMAIN
IMMOKALEE CPUD, TO ALLOW A NEW AND USED
AUTOMOTIVE DEALERSHIP UP TO 80,000 SQUARE FEET ON
THE PROPERTY LOCATED ON THE SOUTH SIDE OF
IMMOKALEE ROAD APPROXIMATELY 0.6 MILES WEST OF
INTERSTATE 75, IN SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, CONSISTING OF 8.97± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE – ADOPTED
MR. OCHS: Mr. Chairman, these are -- actually, we're going
to hear 9B and 9C together because they're companion items.
CHAIRMAN SAUNDERS: We'll take separate motions on
them.
MR. OCHS: Correct. Thank you, sir. And 9C will require ex
parte disclosure and swearing in of participants. So, let me just read
these quickly So, the public knows what we're hearing.
Item 9B is a recommendation to approve an ordinance amending
the Collier County Growth Management Plan, specifically the Future
Land Use Element and Map Series, by amending the urban
October 13, 2020
Page 54
commercial district to add the Germain Immokalee commercial
subdistrict to allow development of up to 80,000 square feet of C -1,
commercial professional and general office district and luxury
automobile dealership uses. This property is located on the south
side of Immokalee Road approximately .6 miles west of I-75.
And the companion item is a recommendation to approve an
amendment to the Land Development Code by changing the zoning
classification of the property from agricultural zoning district to
Commercial Planned Unit Development zoning district.
So, it would be appropriate, Mr. Chairman, to take ex parte
disclosure at this point.
CHAIRMAN SAUNDERS: Right. Let's do the ex parte and
swearing in the witnesses because there'll be testimony on both items
at the same time.
So, Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Good morning. I
have had meetings, emails, and calls on this item, 9C. That's the
only one we have ex parte on.
CHAIRMAN SAUNDERS: Yes, Commissioner Taylor.
COMMISSIONER TAYLOR: Yes, a meeting with
Mr. Yovanovich, discussions with staff.
CHAIRMAN SAUNDERS: All right. Commissioner Solis?
COMMISSIONER SOLIS: I've had a meeting with
Mr. Yovanovich.
CHAIRMAN SAUNDERS: All right. Commissioner Fiala?
COMMISSIONER FIALA: Yes. No disclosures.
CHAIRMAN SAUNDERS: All right. I have had some
meetings and discussions as well on this item.
If you'll swear in the witnesses.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SAUNDERS: All right. Mr. Yovanovich.
October 13, 2020
Page 55
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich on behalf of the petitioner.
I have several people here to provide answers to any questions
you may have. Actually, Flavio is ill, So, John Garbo from the
petitioner is here. And then you have Dominic Amico is our civil
engineer; Tom Barber is our planner; Norm Trebilcock is our
transportation consultant; and Andy Woodruff is our environmental
consultant.
At the risk of being too brief, I'm going to do a brief
presentation. This was recommended unanimously for approval by
both the Planning Commission on both items, and your staff is
recommending approval.
So, I'm going to do a brief overview if it's okay with the
Commission and answer any questions you may have, if you have
specific questions. I didn't see anybody from the public stand up.
So, I don't know if there's public comment or not, So, -- if that's okay
with --
CHAIRMAN SAUNDERS: Sure.
MR. YOVANOVICH: Again, briefly, we do have two
petitions. The first petition is a small-scale Growth Management
Plan amendment, and the second petition is a commercial PUD.
The property is located up by I-75 on Immokalee Road. Under
your current Growth Management Plan, it would qualify as
commercial infill, and commercial infill is intended to allow for
office and other low-intensity retail and commercial uses.
When my friend David Weeks was here, we had discussions
about whether or not luxury automobile dealerships would qualify as
low-intensity retail, and his initial reaction was yes. But we had
further discussion and said, you know what, let's just not get to the
Board of County Commissioners without a concurrent Comp Plan
amendment. So, we submitted a small-scale Comp Plan amendment
October 13, 2020
Page 56
to allow for what we're asking for today: Keep the office and infill
that was already allowed and add simply a luxury automobile dealer
use through the Growth Management Plan on the property.
Again, we had a recommendation of approval from your staff on
the Comp Plan amendment as well as on the PUD. I'm going to skip
ahead quickly to the actual PUD uses, because at the Planning
Commission a question came up, did we include the definition of
luxury automobile dealerships specifically in the PUD. This is the
PUD language that's in front of you in the ordinance. And as you
can see, we did have a definition of luxury automobile dealership,
which includes Lamborghini, Ferraris, Maseratis, Lotus, BMWs,
Lexus, and Jaguars and other similarly situated vehicles. You
already have a process in your road impact fee ordinance that allows
for a reduced impact fee for luxury automobile dealerships because
less people come to these luxury automobile dealerships. So, we've
simply carried that definition forward in the PUD.
There were some comments or concerns about views and how
we might be impacting views from people to the south. We have
our -- we have our preserve to our south. We have surface -level
parking, and then we have our parking structure and repair facility.
And just quickly to show you the view corridors of what they'll
actually see is pretty much they won't see anything because of the
preserve that's between us and the building.
And then as you can see from the orientation of those units,
they're actually looking, I guess that would be northeast -- in the
northeast direction, not actually looking directly into the project. So,
hopefully we addressed the concerns of the residents to the south
about their view corridor with our presentation. We showed all of
these slides to your Planning Commission.
And with that, we're requesting that you follow your Planning
Commission's recommendation of approval on both petitions as well
October 13, 2020
Page 57
as your staff's recommendation of approval. And we can answer any
specific questions. We have the typical trip cap in our PUD to
address maximum transportation impacts.
And with that, I hope I didn't go too quick. Hopefully we can
keep you guys on schedule for your time -certain.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Just a quick question. How wide
is the preserve area?
MR. YOVANOVICH: It's 170 feet deep or wide.
COMMISSIONER SOLIS: Okay. From the back -- from the
back property line?
MR. YOVANOVICH: Property line to get to where you see on
this visualizer where our surface-level parking would be.
COMMISSIONER SOLIS: And you have a concrete wall but
no berm or anything like that, right? You wouldn't need one. It's --
MR. YOVANOVICH: I'm sure we have a berm, a little berm
to keep water management around the project, but there's
not -- you're not going to see that wall anyway.
COMMISSIONER SOLIS: Okay. I would make a motion for
approval.
CHAIRMAN SAUNDERS: Let's hold off on the motion just
for a moment. Is there a staff presentation? And then we'll see if
there's any public comment and then entertain the motion real
quickly.
COMMISSIONER SOLIS: Okay.
MS. JENKINS: Good morning, Commissioners. Anita
Jenkins, your Interim Zoning Director.
Staff is making a recommendation of approval and concurs with
the Planning Commission's unanimous approval of this project.
CHAIRMAN SAUNDERS: All right. If there are no
questions, let's go to public comment.
October 13, 2020
Page 58
MR. MILLER: We have no registered speakers for this item,
Mr. Chairman.
CHAIRMAN SAUNDERS: Close the public hearing. We
have a motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: Is that both items?
COMMISSIONER SOLIS: Yes.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second to approve Items 9B and 9C. You've got the motion maker
and the second?
THE COURT REPORTER: (Nods head.)
CHAIRMAN SAUNDERS: All right. Any discussion on the
motion?
(No response.)
CHAIRMAN SAUNDERS: 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.
We still have about 12 minutes before our time -certain, So, let's
move on.
Item #9D
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, SPECIFICALLY AMENDING THE
October 13, 2020
Page 59
FUTURE LAND USE ELEMENT TO AMEND THE URBAN
MIXED USE ACTIVITY CENTER #7 TO ALLOW UP TO 265
MULTI-FAMILY RESIDENTIAL RENTAL DWELLING UNITS
IN THE HAMMOCK PARK MIXED-USE PLANNED UNIT
DEVELOPMENT IN ADDITION TO COMMERCIAL
DEVELOPMENT, AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST
CORNER OF RATTLESNAKE HAMMOCK ROAD AND
COLLIER BOULEVARD, IN SECTION 14, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 19.13± ACRES - MOTION TO DENY
PETITION – MOTION WITHDRAWN; MOTION TO CONTINUE
TO THE NEXT MEETING – APPROVED
Item #9E
AN ORDINANCE AMENDING ORDINANCE NUMBER 07-30,
THE HAMMOCK PARK COMMERCE CENTRE COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD), TO ALLOW UP TO
265 MULTI-FAMILY RENTAL DWELLING UNITS PLUS 80,000
SQUARE FEET OF COMMERCIAL DEVELOPMENT AS AN
ALTERNATIVE TO 160,000 SQUARE FEET OF RETAIL AND
OFFICE CURRENTLY ALLOWED; BY CHANGING THE NAME
OF THE CPUD FROM HAMMOCK PARK COMMERCE
CENTRE TO THE HAMMOCK PARK MIXED-USE PLANNED
UNIT DEVELOPMENT (MPUD); BY REVISING THE
DEVELOPMENT STANDARDS; BY AMENDING THE MASTER
PLAN AND REVISING DEVELOPER COMMITMENTS. THE
SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST
October 13, 2020
Page 60
CORNER OF RATTLESNAKE HAMMOCK ROAD AND
COLLIER BOULEVARD IN SECTION 14, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 19.13± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE - MOTION TO DENY PETITION – MOTION
WITHDRAWN; MOTION TO CONTINUE TO THE NEXT
MEETING – APPROVED
MR. OCHS: The next two items, 9D and 9E, are also
companion items, Mr. Chairman.
CHAIRMAN SAUNDERS: All right.
MR. OCHS: They will require ex parte disclosure and
swearing in of the participants.
Item 9D is a recommendation to amend the Collier County
Growth Management Plan specifically amending the Future Land
Use Element to amend the urban mixed-use Activity Center 7 to
allow up to 265 multi-family residential dwelling units in the
Hammock Park Mixed Unit [sic] Planned Unit Development in
addition to commercial development, and to transmit for adoption of
the amendment to the Florida Department of Economic Opportunity.
The subject property is located at the northeast corner of Rattlesnake
Hammock Road and Collier Boulevard.
And Item 9E, the companion item, is a recommendation to
approve an ordinance amending the Hammock Park Commercial
Center Planned Unit Development to allow up to 265 multifamily
rental dwelling units, plus 80,000 square feet of commercial
development as an alternative to the 160,000 square feet of retail and
office currently allowed by changing the name of the CPUD from
Hammock Park Commercial Center to Hammock Park Mixed-Use
Planned Unit Development.
CHAIRMAN SAUNDERS: All right. Let's go ahead and do
October 13, 2020
Page 61
the ex parte communication, and then we'll swear in the witnesses.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. On 9E, I do have ex
parte: Meetings, emails, and phone calls.
CHAIRMAN SAUNDERS: And, Commissioner Taylor.
COMMISSIONER TAYLOR: And I have the same, meetings
with the developer's representative as well as with staff on this.
CHAIRMAN SAUNDERS: All right. Commissioner Solis.
COMMISSIONER SOLIS: Meetings with Mr. Yovanovich
and staff.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: I'm surprised, I don't have
anything on my schedule. I don't have any meetings or anything.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER FIALA: I should have spoken to
somebody.
MR. YOVANOVICH: I need to follow up on how that
happened any of these, to be honest with you.
COMMISSIONER FIALA: That's all right, because I have
some concerns. So, we'll get them answered today, I guess.
CHAIRMAN SAUNDERS: All right. I have the same
disclosures; just meetings and some correspondence.
We'll swear in the witnesses.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN SAUNDERS: All right.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich.
Again, I have a group of people here to address any questions
regarding this matter. I have David Torres. He's in the back. He
and George Bauer, as you know, have been developing in this area
under multiple different projects, and he's moving forward with this
October 13, 2020
Page 62
project. Alexis Crespo with Waldrop Engineering is our planner;
Mica Jackson with Waldrop Engineering is our civil engineer; Norm
Trebilcock is our transportation consultant; Bethany Brosious with
Passarella & Associates is our environmental consultant; and Russ
Weyer is our economist who's done the analysis for the project.
You've heard this petition before during the transmittal portion
of the Growth Management Plan amendment. The property is
approximately 19 acres on the east side of Collier Boulevard, on the
north side of Rattlesnake Hammock. It's actually adjacent to the
Hacienda Lakes project; is not part of the Hacienda Lakes project. It
will not be impacting the Hacienda Lakes project.
This is another commercial parcel that David and George
acquired. It's already zoned for commercial, and we're in to make
some modifications to that PUD and also the Growth Management
Plan to allow for the development of apartments. And Mr. Ochs has
taken you through both of those petitions.
If you will recall, when we came through with the Growth
Management Plan amendment the first time, there was concern by
residents in the area, what -- if we're giving up this commercial, are
there still going to be opportunities for commercial in the area. And
I will show -- I will show you a slide on how the property on the
south side of Rattlesnake Hammock within Hacienda Lakes is
intended to be developed in conjunction with this now that David and
George kind of control that whole -- that whole corridor and area.
So, when we went through this the first time, we agreed to a
couple of different commitments. One was we would reduce the
commercial to 80,000 square feet. And I have a slide later that says
we guarantee 20,000 square feet of commercial and we guarantee
5,000 square feet for sit-down restaurant use, and that's what we
discussed at the transmittal hearing, and we moved forward with that
at the Planning Commission adoption hearing for the Comp Plan
October 13, 2020
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amendment as well as the PUD.
We also agreed that we would, in fact, not only reserve but set
aside 48 of the apartment units for essential service personnel. This
isn't like some of the other projects where we make a good-faith
effort to lease to that type of individual and if we can't we can lease it
to anybody else. This is an actual set-aside for essential service
personnel. And if we -- that unit stays vacant until we get someone
who qualifies as essential service personnel and that use.
I just wanted to address, again, the amount of commercial square
feet that is in this area already, and as we presented the last time,
there's an overabundance of retail and office in the area that, frankly,
can never be totally absorbed under today's circumstances or even in
the future.
Services will still stay. I'm sure people will still go out to
dinner, people will still get their hair cut. But as far as your typical
department store or those types of uses, I think those footprints are
going to shrink tremendously, and the demand for those isn't going to
be there like it has been in the past.
As I mentioned, on the south side in the Hacienda Lakes project,
which is outlined on this exhibit, there is still 327,500 square feet of
retail to be developed on that site as well as 70,000 square feet of
office to be developed on that site. And then, more internal to
Hacienda Lakes for those of you who were on the Board at the time
that was approved, there's a business park as well and hotel use
within the Hacienda Lakes DRI.
So, between what's already across the street and what's proposed
to be on the south side of Rattlesnake Hammock, there will be plenty
of opportunities to provide retail and office use at that intersection to
serve all of the residents in that general vicinity, not only Hacienda
Lakes but also across the street, and that was a concern that was
raised in the past that we addressed at the adoption hearing.
October 13, 2020
Page 64
This is the master plan. The front portion of the property is
where the commercial will be, the 20,000 square feet of commercial,
and the back portion where the No. 1 in parentheses is is where the
apartments will be, assuming the apartments are developed.
We are more than trip neutral, if you will. When we came in to
amend the PUD, we already had a trip cap associated with all of the
commercial and retail that was going to go on Collier Boulevard.
With going to the 265 apartment units, we are actually reducing
traffic from what was originally approved for that project.
Again, we committed to the 48 units of the essential service
personnel, the 20,000 square feet of commercial, including the 5,000
square feet of restaurants, and then the typical condition that you'll
have one entity managing the property. So, we made those changes
as part of this process.
As you know, there's surrounding employers in the area. We
have Physicians Regional. You have Florida SouthWestern College.
You have -- or Florida SouthWestern State College. You have
assisted living facilities and future development within Hacienda
Lakes. So, there's plenty of demand for these apartment complexes.
And, as you know, David and George have developed the
Milano apartment complex in the area that has been very well
received and is a high-quality project, and that's what this will be as
well.
I mentioned we had our neighborhood information meetings and
addressed all of their concerns regarding keeping commercial as part
of this project and specifically committing to a restaurant being a
required development of this project.
I want to skip the slide -- I don't know how to do it fast, So, I'm
going to go to Slide 22. This is -- this is the -- this is the portion of
Hacienda Lakes on the south side of Rattlesnake Hammock. This is
where David and George have committed to the commercial and
October 13, 2020
Page 65
retail use to serve that area. That's where all of the square footage I
mentioned for retail and office would be; almost 300,000 square feet
on that -- in that quadrant in addition to the 20,000 square feet that
we're keeping.
With that, that's a general overview. Alexis Crespo and others
on our team can answer any specific questions you have. But, again,
we did get a recommendation of approval from your staff on this
amendment as well as from the Planning Commission, and we got a
recommendation to transmit from the Board of County
Commissioners several months ago now.
And we hope that will look favorably upon this project. And
I'm happy to answer any -- hopefully I answered your questions,
Commissioner Fiala, and I apologize that we didn't meet ahead of
time, but hopefully --
COMMISSIONER FIALA: It's all right.
MR. YOVANOVICH: Hopefully I answered those, and if not,
we're available to answer any questions you may have.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. Thank you.
Yes, my biggest concern -- and I've spoken to David about this.
This is not something that I haven't talked to him before about these
things.
I realize what they'd like to do is convert a lot of this
commercial over to residential. We've got a lot of residential in that
area, a lot of parking -- apartments, a lot of condos, not many
single-family homes, but a lot of, you know, multifamily homes, and
that's great except they have no place to go to shop. They can't even
run around -- you've got one -- that little Publix shopping center has a
Publix, and it's got a pizza shop, and it's got a fitness center, and
that's about it. That's fine. That's a good entry to the area, but that's
not going to satisfy all of the people that -- and you've got a lot of
October 13, 2020
Page 66
multi -- multiple-family units in that area.
And I said to Dave -- David, when we talked about it before, I
said, we need commercial So, desperately, and the big study even has
come out from our folks as well as they've hired people in to find that
that's one area that is truly lacking in any commercial.
So, I said to David Torres, I said, you know, we really need this.
He said, well, this is the only time I'm going to change it. He said,
after that, you know, we'll build our commercial.
Now, I can understand at the back end of something you want to
build residential and the front end, but the front end we need to have
commercial, So, everybody -- and you're not only talking about the
951 corridor. Down Rattlesnake Hammock all the way, there's
nothing down there either. You've got the side streets. You've got
all of the surrounding areas, the streets on both sides of the street, and
they have no place to go.
And I'm just saying that I personally feel that it would be a
detriment to this area not to give them shopping. So, anyway, that's
my point, and I would --
MR. YOVANOVICH: Thank you.
COMMISSIONER FIALA: -- have a problem with this, voting
for it.
MR. YOVANOVICH: If I can, and then perhaps we can do
like we did the first petition, we can continue and meet.
But what we did -- what we did in this particular one when we
came through the last time -- because you're right, you mentioned
these concerns to us at the transmittal hearing for the Growth
Management Plan.
As you know -- and I trust your marketing
experience -- unfortunately, we have restaurants that count rooftops,
and they don't necessarily agree that there's enough rooftops there.
So, what we committed to in this project was we will provide the
October 13, 2020
Page 67
restaurant. And you have the people who can back up that
commitment in Mr. Bauer and David Torres, and that's why we had
the obligation as part of this overall project to build the restaurant as
part of the project.
I think you're right, by the time Hacienda Lakes develops with
all of its residential units and the other projects that are near by, San
Marino and others that are coming, I think you're right that eventually
the project that's on the visualizer -- I'm sorry -- yeah, I guess that's
the visualizer -- on the computer will ultimately get built.
But, again, it's always -- it's always after we get enough rooftops
that you can entice -- or when the commercial will come. But in this
particular case, Mr. Bauer had said, I will build that restaurant as part
of this proposed Hacienda Lakes project.
COMMISSIONER FIALA: You know, I know you always
speak of rooftops. Somehow I don't know how you equate rooftops
when you've got all of that apartment building there, you've got a lot
of rental units there, you've got hospitals that are filled with people.
I don't know how you equate rooftops. You're going to have all
kinds of people wanting to eat there, if they could -- even the
communities, you know, like Naples Lakes Country Club. You've
got places all over.
MR. TORRES: This is David Torres here.
I think we -- what I want to say is we share the vision. I think
we want to see more commercial on the Collier Boulevard corridor.
But, you know, I can tell you, I know there's units there. I've been in
this corridor since I started my career. Right out of college, Toll
Brothers sent me there. I worked at Naples Lakes Country Club.
But we always dealt with the corridor was full of seasonal residents.
It's not true anymore. I know it's not true anymore, but that was
always an issue for many years. It remains for some of those
communities. They're not developed at the same density that we
October 13, 2020
Page 68
might see in other parts of the county.
The Urban Residential Fringe, by nature, has lower densities.
This activity center -- and that's something that you didn't touch on.
It's the only activity center that doesn't allow up to 16 units per acre.
So, I think we've come a long way. I really do believe that we have
a lot more annual residents in the area, and I think the commercial's
going to come.
You know, I can tell you I get calls about these Hacienda lands
that front 951, multiple calls a week. And I turn everybody down
because I have the same vision you do, which is we should have a
nice mixed use with restaurants and commercial, and to me that's the
spot. It's the spot because it's right next to the hospital.
So, -- but I -- you know, I'm a believer that for it to work, we
need to have, you know, a certain density around it. And it's the
reason why we planned, you know, Esplanade at Hacienda Lakes,
Azure, which are lower-density projects, further east, and we left this
kind of core of land at the intersection. So, I mean, it's -- you know,
I know it's not there, but I just want to say I share the vision. I want
it to, you know, come that way, but it's -- you know, projects have to
be financeable, and I think it's going to come.
COMMISSIONER FIALA: But, you know, if you take away
the stuff that's along the street, you know, the easy-access places, and
build residential there instead, you're not going to have any places to
build your commercial. They're not going to go down the street in
order to go there. So, that's another point. You know, if you expect
driveby traffic or So, forth, you're going to build residential on that,
and you're going to lose all of that.
MR. TORRES: I hear you, but I think what we're saying is
we're leaving -- there's 34 acres of activity center land zoned
commercial under the Hacienda Lakes PUD directly across the street
that would serve that purpose. And I don't know how to point on
October 13, 2020
Page 69
this.
COMMISSIONER FIALA: Well, that's until people start
changing them. Every time you come in for -- you know, and I'm
leaving office. New people don't even know what's going on
possibly. And So, then it's easy to just convert everything to
residential. Of course, there's more money to residential, and I
understand that, too. But the thing is, residential needs
accommodations for commercial.
MR. YOVANOVICH: And maybe I wasn't clear on the master
plan. We are keeping commercial as part of the project today, and
it's going to be right up here on the frontage of the road. So,
that -- there is commercial associated with the Hammock Park project
in front of you. It is on the front of the road with easy access from
Collier Boulevard in either direction.
COMMISSIONER FIALA: How much commercial there?
MR. YOVANOVICH: Twenty thousand square feet.
COMMISSIONER FIALA: Twenty thousand?
MR. YOVANOVICH: Twenty thousand square feet.
Together with --
COMMISSIONER FIALA: That's a smattering, right?
MR. YOVANOVICH: There's no question it's not going to
serve the entire community.
COMMISSIONER FIALA: Right.
MR. YOVANOVICH: But what you have on the 34 acres
immediately south in that same intersection and that same quadrant is
almost 300,000 square feet of already-approved commercial.
COMMISSIONER FIALA: But why can't you do -- why can't
you do commercial along a street and behind it do residential?
MR. YOVANOVICH: That's what we're talking about doing.
COMMISSIONER FIALA: No. I'm sorry. I didn't hear that,
then.
October 13, 2020
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MR. YOVANOVICH: Yeah, we are. Yeah, this is -- this is
the entire project right here. This is -- this line right here -- I don't
know how to do the colors. But everything this direction towards
Collier Boulevard is actually commercial. So, there is commercial
fronting Collier Boulevard and off of Rattlesnake Hammock as part
of this project. The residential is that back portion of this property.
It's not fronting -- it is not fronting Collier Boulevard. So, there will
be easy access and visibility for the commercial that's part of this
project.
COMMISSIONER FIALA: How many -- and you say 20,000.
That's not very much.
MR. YOVANOVICH: Right. But, again, the hardest thing is
David's actually competing with himself. By owning the north side
of Rattlesnake Hammock and the south side of Rattlesnake
Hammock, he's never going to be able to -- that's already approved
for 160,000 or 156,000 square feet of retail and office and another
300,000 square feet to the south. That's almost 500,000 square feet
just between those two.
COMMISSIONER FIALA: But that's the stuff you haven't
converted yet. That's what I'm worried about.
MR. YOVANOVICH: I know you are, but if you
remember -- remember how long it took for Lely Resort to finally
build out? And I know they didn't get the restaurants you really
wanted, but it took a while, and you were absolutely right, Carrabba's
and Outback Steakhouse is gangbusters. Gangbusters.
COMMISSIONER FIALA: Right.
MR. YOVANOVICH: We anticipate, similarly, that's what's
going to happen on the south side of this -- of this project, and it's
going to -- it's going to take off, and when it does, it's going to be
crazy busy.
CHAIRMAN SAUNDERS: Okay. Commissioner Taylor.
October 13, 2020
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COMMISSIONER TAYLOR: I share your concerns --
COMMISSIONER FIALA: Good.
COMMISSIONER TAYLOR: -- Commissioner Fiala. We
have a plan of the county, which created activity centers for the
reason to minimize transportation needs on the roads, to minimize
that. When we start -- and I understand. Let me just say that if this
gets continued, I would support it. At this point I am going to
support this, but I voted against this at the first -- at the first go-round.
I did, for this reason.
MR. YOVANOVICH: I know you did.
COMMISSIONER TAYLOR: Because we can't keep eating
away the commercial. It's not only restaurants. It's alternatives, not
only --
COMMISSIONER FIALA: Right.
COMMISSIONER TAYLOR: -- dry cleaners. It's -- it's
economic development. If we ever wean ourselves off of a
dependence, this huge dependence on tourism, we have to be inviting
for business, and business is inviting if there's land. And if we keep
eating it up with residential, then it doesn't work. And there's a plan.
But my suggestion might be is that we ask staff to review again the
philosophy behind what we're doing in an economic sense in terms of
land use. And I think if I have agreement up here with my
colleagues -- it certainly isn't going to be at this time -- but I think it
would be very, very helpful and our decision-making going
forward -- and fair to the development community because, frankly,
you are going to move the way the market moves you, and right now
that market is saying residential.
MR. YOVANOVICH: And if I may.
COMMISSIONER TAYLOR: Yes.
MR. YOVANOVICH: Hacienda Lakes is the project
basically -- it's a DRI. It's probably the last DRI that was approved
October 13, 2020
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in Collier County. And in that DRI -- and it was -- and that was
approved and developed before David and George acquired this
property on the quadrant.
The vision they had was this mixed-use retail development
which is consistent with the Growth Management Plan which
mixed -- these activity centers are supposed to be mixed use.
They're supposed to be a combination of residential and commercial.
That's what the Comp Plan says.
Hacienda Lakes also has a business park for economic
development. So, the vision was there for Hacienda Lakes to -- for
Hacienda Lakes to satisfy not only the surrounding neighborhoods,
retail and office, but also provide for an economic development
aspect. And Commissioner Fiala, you know, was very involved in
the master planning of Hacienda Lakes to make sure that we were
bringing something to East Naples that would look to the future, and
that's what Hacienda Lakes was, is intended to be, and that's the
vision that David and George had.
And David did point out, there's only two activity centers that
I'm aware of in Collier County that don't have 16 units per acre
associated with them. This one and then Courthouse Shadows.
And we had the same issue with Courthouse Shadows. Those were
the only two that capped the density at -- we're allowed
one-and-a-half units per acre, maximum of two-and-a-half units per
acre in this activity center. If we were under the normal goal and
objectives of activity centers, we wouldn't even have a Growth
Management Plan here. We would be -- we would -- amendment
here. We would be clearly within the 16 units per acre. So, this is
the type of development that the activity centers were, in fact,
intended to develop.
And we wanted to be specific to address the needs of the
community, and you -- you know, we've been working together for a
October 13, 2020
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long time. You were pretty clear to me. Rich, if you don't bring me
a restaurant on this site, because the residents need it, I'm not even
going to vote to transmit, and that was not only your direction,
because I'm sure you heard it from your constituents. And that's
what we did. We committed to it out of cycle, you know, out of the
normal underwriting that restaurants will do. We've committed to
putting that restaurant in there ourselves because we know eventually
it's going to catch up on the other quadrant.
COMMISSIONER FIALA: That's just one restaurant. That's
not all the commercial.
CHAIRMAN SAUNDERS: We've got several people here.
COMMISSIONER FIALA: Okay. Yeah. I wanted to ask
another question, but I'll just --
CHAIRMAN SAUNDERS: Okay. If you've got another
question, go ahead.
COMMISSIONER FIALA: It's right on this.
Tell me how you count -- how you count rooftops. Is an
apartment building one rooftop, or is it 230 rooftops?
MR. YOVANOVICH: Each unit -- So, all 265, these were 265
rooftops that a restaurateur would take into consideration as to
available customers. So, it's not one; it's 265.
COMMISSIONER FIALA: I'm going to ask our staff to come
up and tell me how many rooftops are in that area then, because they
must have gotten that figure by now. And I want to be able to
compare that. Is this -- is there really enough -- I'm not talking one
restaurant. I'm talking a lot of the places, you know.
CHAIRMAN SAUNDERS: All right. While staff's figuring
that out, let's move to Andy Solis, then we'll come back to that.
COMMISSIONER FIALA: Oh, I don't need anything now.
Thank you.
CHAIRMAN SAUNDERS: Commissioner Solis.
October 13, 2020
Page 74
COMMISSIONER SOLIS: I was going to ask if you could go
back to that slide that shows the different commercial areas around
the intersection and the square footages of commercial, because I do
understand Commissioner Fiala's concerns and Commissioner
Taylor's that we keep -- if we keep pecking away at the
commercial -- even though that's the market now, you know, we're
tasked with having a longer view than today.
So, the north -- on the south side, the Hacienda Lakes area, that
is something that, obviously, Mr. Torres controls.
MR. YOVANOVICH: Absolutely.
COMMISSIONER SOLIS: Right. And that has 327 square
feet of retail --
MR. YOVANOVICH: 327,000.
COMMISSIONER SOLIS: -- thousand of retail, 70,000 office,
140,000 square feet of -- So, that totals up to what, over 500,000?
MR. YOVANOVICH: Correct.
COMMISSIONER SOLIS: Right. Okay.
COMMISSIONER FIALA: These are proposed?
MR. YOVANOVICH: This is already approved. This is
already approved and on the books ready to be developed.
(Simultaneous crosstalk.)
COMMISSIONER FIALA: Is that what we're changing now?
MR. YOVANOVICH: No. We're not changing any of this.
This all stays -- this all stays assuming you convert --
COMMISSIONER SOLIS: Right.
MR. YOVANOVICH: -- our project.
COMMISSIONER SOLIS: So, give them an idea, 600-plus
thousand square feet of retail -- compare that to something else in the
county just So, that we have an idea --
CHAIRMAN SAUNDERS: Coastland Mall, for example.
MR. YOVANOVICH: I was just going to say, I think it's the
October 13, 2020
Page 75
mall, it's probably a couple of Mercatos. It's a lot of --
COMMISSIONER SOLIS: Okay.
MR. YOVANOVICH: It's a lot of -- it's a lot.
COMMISSIONER SOLIS: That's a lot; 600 --
MR. YOVANOVICH: It's huge. And that's why it was DRI,
to accommodate all of that future retail and office.
COMMISSIONER SOLIS: And I agree that we
shouldn't -- since we have to have a long view of things -- a longer
view of things, you know, that really does need to stay like that.
And So, I'll just go out there and say, you know, this area needs,
especially what's on the south side, to be developed that way, and I
think -- it's my opinion, if it's the size of a couple of -- the Coastland
Mall or a couple of Mercatos and Waterside Shops, you know, that
would be really good for that area. So, I'd like to see that happen.
MR. YOVANOVICH: And that's -- and that's not going away.
COMMISSIONER SOLIS: Right.
MR. YOVANOVICH: We are in no way impacting that. It's
like 400 -- it's like 530,000 square feet just on the south side of
Rattlesnake Hammock and another 100,000 square feet where it says
Good Turn, immediately adjacent to what we're converting. So,
you're well over 600,000 square feet in this same area even with our
converting a portion of this project to residential.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I'd like to ask -- are we
into the staff presentations or still questions on the presenters?
CHAIRMAN SAUNDERS: We're still on the questions. I'm
not sure if staff is going to have any presentation. But we're still in
the petitioner's --
COMMISSIONER McDANIEL: I have a question for Anita, if
I may. We have --
CHAIRMAN SAUNDERS: Let me ask, is there going to be a
October 13, 2020
Page 76
staff presentation, or should we go straight into questions?
MS. JENKINS: There's not a presentation. We would
recommend approval.
CHAIRMAN SAUNDERS: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Our Collier Interactive
Growth Model has a parameter on a necessity of infrastructure,
square footage of commercial for a certain amount of population.
Has any of that analysis been done here for this particular conversion
with the -- with the rooftops count that Commissioner Taylor and
Fiala have asked about?
MS. JENKINS: No. The CIGM was not used on this project
to evaluate that.
COMMISSIONER McDANIEL: Okay. Because, again, my
concern -- and you folks may or may not remember. I used to do
site acquisition for Walgreens, Eckerd's, Publix, Albertson's all up
and down the coast, and there is a one-mile ring, two-mile ring,
five-mile ring, a radius of rooftops, Commissioner Fiala, that you
spoke of. And it is per apartment, not eight underneath one roof.
But there is a requisite there.
We do have a plan in Collier County called the Collier
Interactive Growth Model that talks about the requisite of
commercial within a certain ring and population. And I would
suggest that -- and there is also as has been pointed out, an evolution
transpiring. Folks are hitting their phone, and things show up at
their front door on a regular basis. And we've seen conversion of
some large-box commercial projects in our community switch over to
residential because there just isn't the requisite there to support that
type of development. So, I'm inclined to continue this to have that
comparison done just --
CHAIRMAN SAUNDERS: Hang on. If we're making a
motion, let's see if there's any public comment before there's any
October 13, 2020
Page 77
motion.
Any public -- we'll open up the public hearing on this.
MR. MILLER: I have no registered speakers for this item,
Mr. Chairman.
CHAIRMAN SAUNDERS: Anyone in the audience?
(No response.)
CHAIRMAN SAUNDERS: Okay. Then we'll close the
public hearing. And we're ready to either ask questions or entertain
a motion. Commissioner McDaniel.
COMMISSIONER McDANIEL: I'm going to let
Commissioner Fiala go first. This is -- I would --
COMMISSIONER FIALA: I would just like to make a motion
that at this time I do not agree with this and I cannot vote for it.
CHAIRMAN SAUNDERS: All right. We have a motion for
denial on Items 9D and 9E. Is there a second?
COMMISSIONER TAYLOR: I'll second it.
CHAIRMAN SAUNDERS: We have a second.
MR. YOVANOVICH: Would it be appropriate to request a
continuance to meet with you, Commissioner Fiala, since we didn't
get that opportunity?
COMMISSIONER FIALA: You know, I would accept that as
long as we get this done before I leave.
MR. YOVANOVICH: Absolutely.
COMMISSIONER FIALA: I've got two more meetings.
MR. YOVANOVICH: I will -- I'm happy to continue this to
two weeks from now, and I'll meet at your --
CHAIRMAN SAUNDERS: All right. We have a motion --
MR. YOVANOVICH: -- reasonable convenience.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. Is there a withdrawal of the motion?
COMMISSIONER FIALA: Yeah, I'll withdraw.
October 13, 2020
Page 78
COMMISSIONER TAYLOR: And I'll withdraw my second.
CHAIRMAN SAUNDERS: Does the second agree? Okay.
So, we no longer have a motion on the floor. There's a request to
continue this to the next meeting. If this is continued, we're
obviously getting -- we're moving a lot of items onto the next agenda.
The public hearing has been closed, So, we'll not have a public
hearing. We'll not have a staff presentation or petitioner
presentation. We'll address the issues that have been raised, and
then we'll have a vote.
COMMISSIONER TAYLOR: Perfect.
CHAIRMAN SAUNDERS: So, is there a motion to continue
this to the next meeting?
COMMISSIONER FIALA: Yes. I'll make a motion to
continue, but we need to have some long and heavy talks before then.
CHAIRMAN SAUNDERS: That's 9D --
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: -- and 9E. We have a motion and
a second to continue to the next meeting. 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: That passes unanimously. So,
we'll --
MR. YOVANOVICH: Thank you.
Item #11B
October 13, 2020
Page 79
A CONTRIBUTION AGREEMENT (AGREEMENT) WITH
ULINE CORPORATION FOR THE CONSTRUCTION OF A
REGIONAL DISTRIBUTION FACILITY ADJACENT TO THE
COUNTY’S SPORTS AND SPECIAL EVENTS COMPLEX
(COMPLEX) INCLUDING ON-SITE AND OFF-SITE
IMPROVEMENTS – APPROVED
MR. OCHS: Mr. Chairman and Commissioners, we move to
your time-certain item this morning. It's Item 11B; it's a
recommendation to approve a contribution agreement with Uline
Corporation for the construction of a regional distribution facility
adjacent to the County Sports and Special Events Complex, including
on-site and off-site improvements.
Mr. Casalanguida will make the presentation.
MR. CASALANGUIDA: Thank you. Good morning,
Commissioners. For the record, Nick Casalanguida, your Deputy
County Manager.
What you have in front of you is a developer agreement we've
worked on with Uline Corporation. Mr. Philip Hunt, executive vice
president, is here in the audience and wished to address the Board at
the end of this.
We've worked on this for several months. As you can see w ith
the information provided in the packet, this is a fairly large project.
I'll take you through a couple slides to explain the agreement, and
then I'll ask Mr. Hunt to address the Board with any questions or
comments or take any questions from the Board.
You know about the sports project. You know the location.
You can see where the star, is the yellow star, that's the location of
the property they're acquiring. To orientate you, that's where I-75
and 951 meet.
October 13, 2020
Page 80
The existing Phase 1 of the complex, the existing lake,
everything highlighted in yellow exists today. The boulevard south
has been constructed per the construction plans.
This was the project of the property that's been acquired by
Uline, and they're even looking at some additional property across the
street at Brennan Drive. It is a significant acquisition of property to
make the property work.
For the project to work, they want to relocate City Gate
Boulevard South. To give you a feel for that relocation, the yellow
arrow shows you where it is, and then the other arrow moving
east/west shows you where it would be relocated to.
It's not a problem for our project in terms of does it change our
access to the project; does it not. The agreement contemplates that
they'll continue to keep the access open during construction 240 feet
south of the existing road.
Picture to the north shows the existing road. The picture to the
south -- to the east they'll create a roundabout in front of the entrance
to the stadium, and they'll extend the road and provide an opportunity
for us to lock the facility with a roundabout in front of that entrance.
This is their site plan. I'll take you through the donations of
land. The circle highlighted areas, approximately five, six acres of
new lake that they're going to construct and use the fill to provide that
for the base fill for their project.
They're going to donate the red area and the neutral gray area to
the south of that. I'll explain what those projects will be, but they'll
be provided to the county.
And they'll work in this area that's already been constructed as
part of a reconstruction project. All of the areas prior, those lands
will be donated to the county. The lake area itself, we've talked to
the CDD. They'll accept the lake and they'll maintain it as part of
the CDD project, So, we will not, which is a good thing.
October 13, 2020
Page 81
The lake area itself will have two bump-outs, fitness areas that
we've already provided around the lake, So, when you get your next
tour, you'll see them. They're completely in right now. They're
going to add two more for consistency around the lake. Give you a
feel for what they look like. They're mini training areas as you walk
around the lake and exercise. Very popular for the folks that are
starting to come out there right now.
The area to the east of the lake, they're going to donate that strip
to the county. That's next to our future stadium area as well as our
field house, and they're going to construct an outdoor obstacle course.
Kind of a Tough Mudder kind of thing. Now, that's not exactly what
they're going to build, but we're going to make it both, I'll call it old
friendly and young friendly So, when you break off the path, you'll
have something I can do with my bad knee and you'll have something
that the young kids can do --
COMMISSIONER SOLIS: The wall will be a little lower,
right?
MR. YOVANOVICH: That's right.
COMMISSIONER SOLIS: It's like --
COMMISSIONER TAYLOR: A lot lower.
MR. CASALANGUIDA: A lot lower.
(Simultaneous crosstalk.)
COMMISSIONER SOLIS: Yeah, about this high.
COMMISSIONER FIALA: Knee high.
MR. CASALANGUIDA: Those are extremely popular around
the country, and it just adds another dynamic to the complex.
They're providing a strip of land west of our existing parking to
add about approximately -- little less than 250 grass spaces. With
the facility being open now, as we expected, we never hav e enough
parking for the big events. So, by adding this grass overflow area, as
the stadium comes online, as well to the east of that where it says
October 13, 2020
Page 82
additional parking, when they relocate the road, they're also going to
reconstruct about another 250 spaces. So, out of this agreement,
we're going to net about 500 more spaces to the complex, which is
significant.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Just please, again, go through
where the parking -- where they're adding 500 parking spaces.
MR. CASALANGUIDA: Sure. The two arrows that point to
the rectangle north/south, there will be about 250 grass spaces there,
just a little under that, and then additional parking in that where it
says the arrow comes in, to the southwest of that. To the east of the
rectangle, when they straighten out the road, we'll repave all that and
add more parking there. So, both of those areas next to the stadium
will receive additional and overflow parking as well. And that was
always one of our issues.
That also sets us up -- we've been fortunate that the engineer that
we've chosen is also the engineer of City Gate, and Uline has chosen
the same engineer firm. So, there's a lot of synergy in asking
questions. We over-layed a parking garage there; it will fit. So, in
the future if we're extremely successful with the stadium, which we
hope to be, we'll have room to put a parking garage there.
Give you a feel of what the Uline conceptual landscape
renderings look like, I believe Ms. Uline came down with the team.
They want to do way above and beyond the traditional landscaping.
They take great pride in their projects around the country. She was
not satisfied with the minimum code requirement. I've heard
numbers over a million dollars of additional landscaping around the
facility. So, she really wants to blend in and make it a campus-like
environment; really dress up the site.
It's what's existing, and that's what we're looking like in its final
condition. And you can see from that layout, well buffered from the
October 13, 2020
Page 83
street, very compatible to our project. The lake now takes on a
greater dynamic and shape. It's a little less static. More fitness
facilities, more parking, and we've set that up.
Now, all those are donations except for the grass parking and the
reconstruction of the lot. Any work that they will do to replace the
work that we've done, we're not being charged for it. For the grass
parking and the reconstruction, they've agreed to do that for us and
not get paid back until the project COs and the next tax roll comes on
with a TIF impact agreement. But they have donated over $300,000
of amenities and over $4 million in land. So, that's pretty
significant. We expect a TIF agreement to be about 1.4 million.
That pretty much is the agreement that you have in front of you.
Mr. Hunt, if you'd like to come up and maybe address the Board and
let them know about how you feel about coming to Collier County, or
I can answer any questions that you have.
CHAIRMAN SAUNDERS: Let's see if there are any questions
for Mr. Casalanguida, and then we'll hear from the petitioner.
(No response.)
CHAIRMAN SAUNDERS: All right. No questions.
Good morning and welcome.
MR. HUNT: Good morning. Phil Hunt, executive vice
president for Uline.
So, we're excited to build our ninth facility around the U.S. to
service our quickly growing Florida customers. They're serviced out
of Georgia now, and they don't get next-day service. So, we're
excited about that.
As Nick mentioned, we build Class A buildings and Class A
parks, and your entertainment and sports complex is top -notch, and
we thought that would be a perfect fit for our building and your
needs. So, we're very excited, and I seek your approval for that
today.
October 13, 2020
Page 84
And Nick mentioned the TIF. We think that in how we
budgeted this project, that the county may even actually be able to
help us with acquiring fill. And so, it's really our intent and desire
not even to use those TIF funds unless they're absolutely necessary.
And at this point we don't think we're going to need them. So, even
better news for you with the help of the county.
But his team has been good. And I think it's a good match for
both of us, and we seek your approval today.
CHAIRMAN SAUNDERS: Okay.
MR. HUNT: Here to answer any questions.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And thank you. We're
excited. I just had a quick question for Nick. If you could just
repeat, did I hear about a four million or So, contribution coming
from the developer and a trade of about 1.4 of investment from the
community through the TIF?
MR. CASALANGUIDA: Yes, sir. The donation of the land
will be at no TIF value to the county. In other words, he's going to
provide the property to the county and to the CDD, and then a bulk of
the construction and -- none of the reconstruction is seeking any TIF
contributions. So, the road relocation is at their cost.
The only thing -- and fairly, you know, I said to Phil when we
met several times, this is a very generous offer. The only thing we're
paying for is the grass parking on the land they donate and the
reconstruction, or the addition of the parking, not the reconstruction
of the road, which is more than fair.
So, yes, you will receive close to $6 million in value. And if
we do -- able to provide them fill, you only have to pay back nothing
or, at most, 1.4 million over a TIF of taxes they generate after they
CO.
COMMISSIONER McDANIEL: Potentiality of a parking
October 13, 2020
Page 85
garage to come maybe at some time in the future?
MR. CASALANGUIDA: Yes, sir. We have that big square
area, gray area next to the square southwest corner of the stadium
that's on your screen will now fit a parking garage perfectly.
CHAIRMAN SAUNDERS: What are some of your other
locations?
MR. HUNT: Atlanta, Georgia; Allentown, Pennsylvania;
California; Texas; Washington; and Wisconsin; and then we have
two in Canada, and two in Mexico.
CHAIRMAN SAUNDERS: Any other questions?
COMMISSIONER FIALA: I could understand most of what
he was saying. I'm sorry. Thank you.
MR. HUNT: Locations. So, Atlanta, Pennsylvania, Illinois,
Wisconsin, Texas, California, Washington, two in Canada and two in
Mexico.
COMMISSIONER FIALA: Those are places you already --
MR. HUNT: We're already in, yes.
COMMISSIONER FIALA: Wow.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Welcome.
MR. HUNT: Thanks.
COMMISSIONER TAYLOR: This is really such a -- really,
this is more than exciting. And thank you very much for your due
diligence, the sense of -- the sense of building quality, which I think
is what was conveyed by Deputy County Manager Casalanguida, and
we really look forward to you coming here. And we're not going to
make it easy, but we're going to make it right.
CHAIRMAN SAUNDERS: Well, we'll try to make it as easy
as we can.
COMMISSIONER TAYLOR: Not too easy.
CHAIRMAN SAUNDERS: All right. Do we have any
October 13, 2020
Page 86
registered -- any other registered speakers?
MR. MILLER: We do not, sir.
CHAIRMAN SAUNDERS: All right. Thank you, sir.
CHAIRMAN SAUNDERS: Commissioner McDaniel, did you
have anything else?
COMMISSIONER McDANIEL: You ready for a motion?
CHAIRMAN SAUNDERS: We're ready for a motion, I
believe.
COMMISSIONER McDANIEL: I'd like to make a motion for
approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: All right. We have a motion for
approval, and that's the approval of the contribution agreement that's
in front of us. Any discussion on the agreement itself?
(No response.)
CHAIRMAN SAUNDERS: Any questions?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor of
approval of the contribution agreement, 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 #9F
AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41,
October 13, 2020
Page 87
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
TO ALLOW ENCLOSED, INDOOR, AIR-CONDITIONED SELF-
STORAGE AS A PERMITTED USE IN THE GENERAL
COMMERCIAL DISTRICT (C-4) WHEN SUCH USE IS
COMBINED IN THE SAME BUILDING WITH ANOTHER
PERMITTED COMMERCIAL USE, AND TO PROVIDE
ADDITIONAL DESIGN STANDARDS FOR SUCH BUILDINGS,
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION
2.03.03 - COMMERCIAL ZONING DISTRICTS; AND CHAPTER
FIVE - SUPPLEMENTAL STANDARDS FOR SPECIFIC USES,
INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE - MOTION TO DENY
PETITION – APPROVED
MR. OCHS: Mr. Chairman, that moves us back to Item 9F.
This is a recommendation to approve an ordinance amending the
Collier County Land Development Code to allow enclosed indoor
air-conditioned self-storage as a permitted use in the general
commercial district C-4 when such use is combined in the same
building with another permitted commercial use.
CHAIRMAN SAUNDERS: Okay. Thank you.
October 13, 2020
Page 88
MR. OCHS: Go ahead, Jeremy.
MR. FRANTZ: Good morning. Really brief presentation for
you on what I think is a really good-news item this morning. And
thanks to you-all for your direction on this item.
MR. OCHS: For the record.
MR. FRANTZ: For the record, Jeremy Frantz, Land
Development Code Manager with the Zoning Division.
So, we're talking today about incentivizing self-storage
buildings with commercial uses added to them. This has been a
topic that we've talked about with you-all for quite a few years now.
And going back to December of last year was the last time that
we talked to you, and that's when you gave us the direction to think
about incentivizing self-storage buildings that also include other
commercial uses. The goal here was to avoid self-storage buildings
taking up area that could be more neighborhood-serving commercial
developments.
So, the amendment that you're looking at today changes
self-storage from a conditional use to a permitted use only when it's
combined with other commercial uses on the ground floor and also
includes some architectural standards to ensure that the primary
facade design features and that there's also a consistent architectural
theme between these different types of commercial uses.
So, with that, we're asking for a recommendation of approval.
And this is your first of two hearings of this item. We'll see you
again on the 27th.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Do you have a copy of
the FLUE with all of the C-4 properties?
MR. FRANTZ: I don't have a copy of the Future Land Use
Element.
COMMISSIONER McDANIEL: Okay. And where I was
October 13, 2020
Page 89
heading with that was this is a fairly substantive increase in the
availability of places to build storage facilities. There's significantly
more -- because currently you can only do storage on C-5 -- or you
can do it on C-4 with a conditional use, but you're permitted on C-5
and/or within a PUD.
So, this is a fairly substantive increase in the area, which I think
gets to where Commissioner Fiala's wanting to go in spreading these
around and not having them -- I'm not quite sure where
Commissioner Fiala wants to go. But I'm seeing that that is a benefit
of this in having more area, and the commercial inclusive on the first
floor at 50 percent of the square footage will also help serve for some
of that neighborhood commercial issue that we have going on.
So, I was -- all I was wanting to do is try to get a picture of how
much is available now for storage units and what are we going to
have when this change comes a curve [sic]?
MR. FRANTZ: Sure. Well, as you pointed out, we haven't
expanded any new uses to the C-4 zoning district. All of the other
commercial uses that we would -- are incentivizing with these
self-storage buildings are already permitted uses in C-4 and also as
you pointed out, self-storage is currently allowed within C-4. It's
just a conditional use. So, we're not -- we're not expanding any
actual land area where you could see self-storage.
COMMISSIONER McDANIEL: No, no. Maybe I misspoke.
Terri certainly probably wrote it down.
But the thought process that I had was we were expanding the
areas by right for permitted use without a conditional use request,
which is typically $100,000 expense and 12 months of time to move
through that process to receive that conditional use; whereas, here
we're going to make this a permitted use.
I'm in support of what this is going on. I may have misspoke.
And I just was trying to get a concept of now the available area where
October 13, 2020
Page 90
people could come and apply and receive permission to build a
storage unit. And I understand we're going to ha ve two looks at this,
So, I'm inclined to support this.
MR. FRANTZ: As I mentioned, this is the first of two
hearings. So, we could bring more information back to you on the
27th to show you where C-4 is currently allowed and get a better
picture of the impact.
COMMISSIONER McDANIEL: That would help.
CHAIRMAN SAUNDERS: It may be important -- maybe you
could address this. I know Commissioner Solis has some questions
as well. But maybe you could tell us the difference between the
standard for granting a conditional use in the C-4 versus it becoming
a permitted use in C-4, because I think there's a very substantial
difference in the burden on a property owner to get a conditional use.
And we're eliminating those standards.
So, if you could kind of explain that difference, that might be
helpful.
MR. FRANTZ: Sure. And, you know, maybe I could bring
back more presentation on the process and the locations where we'd
see self-storage as a permitted use at the next meeting, if you'd like.
But, briefly, you know, modifying this from a conditional use to a
permitted use completely avoids the requirement to go through the
public hearing process, and they would be able to just come in for a
Site Development Plan with this amendment adopted.
CHAIRMAN SAUNDERS: And I think that that's the key.
Commissioner Solis.
COMMISSIONER SOLIS: Right. And these are very good
issues, because I think that this could be a double-edged sword,
Commissioner Fiala, because I know this was -- your desire was to
create some necessity to have commercial property -- or commercial
uses where all these self-storage facilities are going up.
October 13, 2020
Page 91
This is a double-edged sword, I think, because if the market ever
changes to where it makes sense for a self-storage facility to be built
over some commercial, they just come in for a site plan. I mean, So,
this is -- this is actually a fundamental change that I think is not going
to reduce the proliferation of self-storage facilities. I think it's -- it's
going to increase. And I know this was kind of your -- your idea,
and I'm just concerned that if it becomes as of right, then there's
no -- the difference is there's no public hearing.
MR. OCHS: Commissioners, just to add some historical
context, staff first came to the Board after the Board had directed,
with a recommendation to establish a distance separation requirement
between these self-storage facilities, I think, in part, to provide some
physical separation and not a proliferation of these in one particular
area. The Board did not approve that recommendation and instead
sent us back to work on this concept. So, there is some history to
where we are with this.
COMMISSIONER SOLIS: No, absolutely, and I agree that this
has all been at Board direction. No, I appreciate that. I just -- in
thinking about how this will change things, I think Commissioner
McDaniel raises a good point, that suddenly there's going to be a
whole bunch more areas where you could build these without even
coming to a public hearing for a conditional use, because it's going to
be as of right as opposed to requiring a public hearing.
So, I just -- I just think that it's maybe trying to solve an issue
that may create another issue that maybe is an unintended
consequence of what we're doing, and that is -- I mean, right now it's
my understanding that nobody has asked to do this. It doesn't really
make sense for a company that's in the self-storage business to build
a self-storage over some commercial property, because that's not
what they do. But should that change or should they figure out how
to do that, we're going to see a lot of these, I think.
October 13, 2020
Page 92
CHAIRMAN SAUNDERS: And I suspect that there may be
some of those on the East Trail where there's C-4 properties where
you can't put a self-storage unit on there, where all of a sudden you're
going to be able to do that without a public hearing. So, I'm not
supportive of this at this point unless I can hear some compelling
reason for this. And we have three more lights lit up.
Commissioner Taylor.
COMMISSIONER TAYLOR: So, what I'm understanding,
Commissioner Solis, you're saying that because there's no
requirement for a site plan, it's like open season.
COMMISSIONER SOLIS: No, no. No requirement for a
conditional-use hearing.
COMMISSIONER TAYLOR: Conditional-use hearing.
COMMISSIONER SOLIS: Right.
COMMISSIONER TAYLOR: So, therefore, it's like open
season. So, what would happen if we just decided that storage -- I
mean, I'm asking. I'm not -- I'm asking because I need to be
educated. What would happen if we said no storage units period?
COMMISSIONER SOLIS: No storage units period in the
entire county?
COMMISSIONER TAYLOR: No. Specific areas maybe. It
would be very difficult to highlight those areas, correct?
COMMISSIONER SOLIS: I mean, I think that would require a
look at the entire Land Development Code probably and, yeah, we'd
have to figure that out. I mean, I don't know that we wouldn't run
into some taking issues if there's -- if there's -- if there are areas
where that is already approved --
COMMISSIONER TAYLOR: No, I don't suggest that.
COMMISSIONER SOLIS: -- say C-5 --
COMMISSIONER TAYLOR: Oh, I see.
COMMISSIONER SOLIS: Yeah.
October 13, 2020
Page 93
COMMISSIONER TAYLOR: If you have that specific zoning,
it's understood that it's approved so, therefore, if you took away --
COMMISSIONER SOLIS: If you took away, I think we'd run
into some issues. But the question is, I think in C-4 right now, in
order to permit a self-storage facility, you have to go to a
conditional-use hearing, which is a public hearing and a public
process.
COMMISSIONER TAYLOR: Right.
COMMISSIONER SOLIS: And by incentivizing the use of
commercial on the first floor, we're incentivizing commercial on the
first floor, but we're taking away the hearing process at the same
time.
COMMISSIONER FIALA: How did that happen? I mean, I
think we were just trying to make sure -- I know that was not part of
my motion, not to give anybody the ability to just go ahead, you
know, by right. It was just in order to -- that one piece of
commercial on the lower level, that's the only thing that would be
permitted easily, but certainly not the whole self-storage.
I mean, we've got So, many going in there right now. There's
five more being built right now, about to be built. And what that's
done in the East Naples area -- this is not true with all of your areas.
But our area -- because it's an old area, and a lot of the stuff is going
in lots that they've torn the old buildings down, but it's all a narrow
corridor. So, you can only get one commercial strip in there.
So, if all of them are taken up with self-storage, then you have
no commercial. So, this was a way to accommodate some of that
commercial underneath this first floor of the storage. But not
to -- I'm not trying to stop any storage but not giving it a free pass to
go either. Only the commercial area.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And, Commissioner
October 13, 2020
Page 94
Solis, you brought up a good point with regard to the unintended
consequences of going up overtop of retail that could potentially be
existent now if they figure -- I think you said it, if they figure out how
to do that, they could come in with a Site Development Plan and go.
The question I had was the current C-4 commercial has size,
shape, and color limitations with regard to height restrictions and
what can -- square footage, parking, and So, on and So, forth. There
would be constraints on those sites from a parking requisite
standpoint that would be taken. I mean, C-4 already has size, shape,
and color restrictions on it currently, and we're just adding this use in,
staying within the parameters of the C-4 allowance.
MR. FRANTZ: That's right. The architectural code does have
some slightly different standards for self-storage, typically; allows a
little bit of relaxation for self-storage from the facade design
standards. This amendment would ensure that if they do include the
commercial uses and they're allowed as right, that they would meet
all of the normal architectural standards for commercial. So, it's
slightly better, slightly enhanced over your traditional self-storage
building.
COMMISSIONER McDANIEL: So, by right on C-5 or a
PUD, those units would -- those architectural standards are there on
those that are already by right, and by approving this, those
architectural standards are going to be brought forward for the new
C-4 if, in fact, this passes?
MR. FRANTZ: Yeah, that's right. We haven't made any
major changes to your typical architectural standards.
COMMISSIONER McDANIEL: I understand. Okay. And
the square footage on the first floor has to equate to 50 percent of the
aggregate first floor, or the TPC, the total project? Just the first
floor?
MR. FRANTZ: It's the first floor.
October 13, 2020
Page 95
COMMISSIONER McDANIEL: Right.
MR. FRANTZ: Yeah. The idea was, you know, coming in
with just a small one -- you know, one small commercial use in
addition to your self-storage wasn't enough. We wanted to preserve
the street frontage for a more significant amount of commercial.
CHAIRMAN SAUNDERS: So, the commercial, then, on the
first floor is going to compose how much of the first floor?
MR. FRANTZ: At least 50 percent.
CHAIRMAN SAUNDERS: Fifty percent, okay. That's what I
thought you said, and I was confused.
COMMISSIONER McDANIEL: That's where some of those
limitations would come into play. Again, one of the reasons I -- one
of the first questions I asked was for a map as to where these things
could necessarily come and see what those -- see what those potential
unintended consequences are. We've got limitations within the C-4
zoning; again, size, shape, and height and such.
COMMISSIONER SOLIS: I just -- I'm not sure that -- and I
appreciate the issue that you raise about the East Trail, because it's an
issue, and I appreciate that. I'm just -- I'm hesitant to support this
if -- I think this is going to have an impact on the entire county.
COMMISSIONER FIALA: Oh, I see what you mean.
COMMISSIONER SOLIS: It will --
CHAIRMAN SAUNDERS: I agree with you.
COMMISSIONER SOLIS: This will -- this will open this up
on the entire county. So, it's a double-edged sword in that we may
be addressing a particular issue that is unique to the East Trail
because of the layout of those lots and the residential street behind it.
You know, I'm concerned that there's going to be a lot of
unanticipated consequences of this because it is now something that's
as of right in a zoning district that usually required some public input.
COMMISSIONER FIALA: It shouldn't --
October 13, 2020
Page 96
CHAIRMAN SAUNDERS: Commissioner Fiala. Let's use
the -- you know, if you've got something to say, let's push the buttons
here.
Commissioner Fiala.
COMMISSIONER FIALA: Yeah. And I didn't realize when
they were drawing this up, that's nothing that I'd ever said when I
wanted -- when I presented this idea. It was not by right.
I feel that you always -- things that need to be approved should
be approved; that you shouldn't take that away. I don't care whether
it's in my district or your district or whomever.
I wanted to show you a little example. Like, there's a wine
storage unit being built right now on the East Trail. It's a pretty big
one, and it's going to be -- it looks like it's going to have lots of wine.
And I thought, if they had a first-floor store, it could have a wine
store, you know, and make it work for them if they wanted to.
But, anyway, there are things that you can do. But I don't think
that anybody should have to -- should be able to build a storage unit
by right. I just don't think that's right. I don't ca re if it's East Trail
or where it is. They need to go through the process.
CHAIRMAN SAUNDERS: Do we have any registered
speakers on this item?
MR. MILLER: We do not, sir.
CHAIRMAN SAUNDERS: All right. Are there any other
questions for staff? Commissioner McDaniel.
COMMISSIONER McDANIEL: Just one -- there are
properties that are zoned by right now, C-5 and PUDs that have that
right today.
COMMISSIONER FIALA: Right.
COMMISSIONER McDANIEL: And this is an expansion of
that. So, maybe -- and this is just a thought. Maybe -- we're kind of
in the habit of continuing today. I would really like to see the
October 13, 2020
Page 97
impacts of this based upon what Commissioner Solis brought up with
regard to the potential of unintended consequences and where the C-4
exists and what kind of an impact that this could potentially have.
COMMISSIONER FIALA: That's good with me, yeah. Could
you come back to us in a couple weeks but maybe visit us on our own
in our offices and talk about that as well to answer some of these
questions?
MR. OCHS: Yes.
CHAIRMAN SAUNDERS: All right. Commissioner Solis.
COMMISSIONER SOLIS: Well, I'd -- rather than continue yet
another thing to our next meeting, which is going to be, you know, an
all-night affair probably, this is the first of two public hearings, right?
MR. FRANTZ: That's correct.
COMMISSIONER SOLIS: You know, I would suggest that if
there are votes to move this forward for this particular hearing,
knowing that we have another hearing to ultimately decide whether
or not we're going to approve this, I would just like to make some
headway as to making a decision.
COMMISSIONER McDANIEL: All right.
COMMISSIONER SOLIS: You know, at the next meeting if
staff could be prepared to show us the map, what-all is C-4, what
that's going to mean in terms of not having a conditional -use process,
and then we can make a decision. I mean, I'm -- I'll just say that I'm
not going to support it just because I think there's -- we have a
process now for C-4. It's a conditional-use process. The neighbors
come in and say their -- speak their peace. And I don't see -- I think
we're going to create more issues certainly, I think, in my district,
than this is going to solve. But I'd like to see it at least move
forward somehow.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Just a question for
October 13, 2020
Page 98
County Attorney Klatzkow. If we -- if we change substantially, like
get rid of this one provision that -- regarding the -- we enforce a
hearing rather than get away with it, do we have to have another
hearing after that? Meaning, can we change this and mold this the
way we want and only have one more hearing, or do we have to
continue the whole issue and make those changes, then have another
hearing after that?
MR. KLATZKOW: No. You just need one more hearing. If
you want to make changes at the second hearing, that's fine.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN SAUNDERS: I'm not going to support this
whether we decide today or whether we decide at a second hearing.
Does this take four votes?
MR. OCHS: Yes.
CHAIRMAN SAUNDERS: All right. So, I think we can
determine whether we have four to approve this ultimately. If we
don't, then I don't see much point in continuing it.
So, I'm going to make a motion to deny this because -- and my
rationale is simply that, as has been articulated, that we are now
creating a new use in the C-4 district that does not require a
conditional-use application. And my understanding of conditional
uses is that -- first of all, I think a conditional use requires four votes;
is that correct?
So, we're eliminating some real checks and balances on that.
And I think in a C-4 -- and this is a question for Mr. Klatzkow.
When we have a conditional-use hearing, we have a lot of flexibility.
I don't think anyone's entitled to approval of a conditional use. They
have -- there are certain hurdles that they have to get over, and I think
we have a lot of flexibility in that. Is that not correct?
MR. KLATZKOW: Yes and no. A conditional use is
normally a permitted use, but you try to buffer it usually because of a
October 13, 2020
Page 99
residential component. And the typical discussion is putting in trees
or whatever towards this. Where this is going to have the real
impact is that many PUDs will refer to, like, C-4 zoning, and So, this
will expand beyond the East Trail to the entire county that way.
CHAIRMAN SAUNDERS: Yeah, that's what -- yeah, okay.
So, I'm not going to support this, but I'll see if there's a motion. If
not, I'll make a motion.
I'm going to make a motion, then, to not move forward with this
proposal.
COMMISSIONER SOLIS: I'll second.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second.
COMMISSIONER FIALA: Just a question. Does that mean,
then, that we can't go back to a drawing board and come up with a
different program So, that we can still get some commercial into
these things So, that -- you know, because we don't have commercial,
and we need it So, badly, and this was an opportunity. Because
everybody's -- I don't know that they're locating storage unit s in
anybody else's unit [sic].
COMMISSIONER SOLIS: They're everywhere.
COMMISSIONER McDANIEL: They're everywhere.
COMMISSIONER FIALA: Are they? And so, this would
give us an opportunity. But I don't want to harm anybody else
either. I'm just talking just about my own district, and I certainly
didn't want to make it difficult for anybody else.
MR. FRANTZ: And if I could jump in on that point. I know
that we also have the East Naples Community Development Plan
coming up in your near future, and that may also be a good point to
talk about that kind of an issue specific to the East Naples
community.
COMMISSIONER FIALA: Yeah, that's true. That's good,
October 13, 2020
Page 100
yeah. Okay. But we can -- we can adjust it if we find that there's,
you know, some way or another? Because I hate to just see it die.
MR. FRANTZ: Yeah. And I think, you know --
COMMISSIONER FIALA: Just by different wording or
something.
MR. FRANTZ: The history slide is up now. I think it's
something we've been talking about in that community for a long
time. So, incorporating whatever your ultimate approach is into the
East Naples plan is still another opportunity for you to continue to
approach it at a community level.
COMMISSIONER FIALA: Well, thank you for those that
were supportive. Even when you voted against, you were really
supportive of it for the area. So, maybe we could come up with a
new plan.
CHAIRMAN SAUNDERS: I just don't think it's going to solve
the problem you're trying to solve --
COMMISSIONER FIALA: I understand that.
CHAIRMAN SAUNDERS: -- and create others.
So, we have a motion and second. Any further discussion?
(No response.)
CHAIRMAN SAUNDERS: We'll call for the vote. All in
favor of denial of this, signify by saying aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SAUNDERS: Okay. So, we have 3-2 to not
move forward with this. We need four votes to approve it in the first
place, So, I would assume that this issue goes away --
October 13, 2020
Page 101
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: -- and perhaps you can find some
other way of dealing with that.
MR. OCHS: Mr. Chairman, I was wondering if we might try to
take 11C quickly before your lunch.
CHAIRMAN SAUNDERS: All right. If you do it quickly,
because we are going to break for lunch, and then we're going to
come back at 1:00 sharp, no matter what time we leave here, so...
MR. OCHS: Yes, sir.
Item #11C
AN AGREEMENT FOR A MARKET AND FINANCIAL
FEASIBILITY STUDY WITH HUNDEN STRATEGIC
PARTNERS, INC., TO CONDUCT A DIRECT AND INDIRECT
COST BENEFIT ANALYSIS OF A PROPOSED DEVELOPMENT
PROJECT INVOLVING GREAT WOLF RESORTS, INC., AT THE
CITY GATE COMMERCE PARK ADJACENT TO THE
PARADISE COAST SPORTS COMPLEX AND AUTHORIZE A
NECESSARY BUDGET AMENDMENT - MOTION TO DO A
MARKET AND FINANCIAL FEASIBILITY STUDY –
APPROVED
MR. OCHS: Okay. 11C is a recommendation to approve an
agreement for a market and financial feasibility study with Hunden
Strategic Partners to conduct a cost-benefit analysis on a proposed
development project involving Great Wolf Resorts, Incorporated.
And, Sean, before you get into any presentation, we'll give the
Board an opportunity to ask any questions, in the interest of time, sir.
CHAIRMAN SAUNDERS: All right. I know we've all
looked at this, and I think we're probably all excited about the
October 13, 2020
Page 102
potential for the Gray [sic] Wolf facility to be in Collier County.
Are there any questions? Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I'm totally excited
about having the opportunity to work with these folks. But the way I
understand this is you're recommending that we go hire a consultant
to do a study on a piece of property that we haven't bought yet.
MR. CALLAHAN: That's correct, sir.
MR. CASALANGUIDA: Wait a minute. Not a study on the
property.
MR. OCHS: No.
MR. CASALANGUIDA: Study on the return on investment.
COMMISSIONER McDANIEL: I understand. On a piece of
property that we don't own yet.
MR. CASALANGUIDA: On a project at that location, whether
it be direct or indirect revenue that we would get. That's what
Hunden's going to do for us, sir.
COMMISSIONER McDANIEL: Okay. Is there a contract for
purchase on that piece of property?
MR. CASALANGUIDA: No, sir.
COMMISSIONER McDANIEL: Do we own that piece of
property?
MR. CASALANGUIDA: No, sir.
COMMISSIONER McDANIEL: So, that's where my concern
is coming up. And I shared this with you yesterday. This isn't new
news. It's -- I have a concern of spending money on a
study -- taxpayer money on a study on a piece -- I'm excited about
Great Wolf; don't get me wrong. But the --
MR. CASALANGUIDA: We have an agreement with the
owner, sir, to hold that property through this study period.
COMMISSIONER McDANIEL: So, there is a contract for
purchase?
October 13, 2020
Page 103
MR. CASALANGUIDA: There is an agreement. I don't
know if it's agreement for contract, but there's a letter of intent and a
contract between the two parties for a due diligence period.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: I would support this. I'm glad
we're studying this. And I think it's critical because we're talking
about a significant -- significant amount of money going back to
Great Wolf. So, we've got to figure this out and figure it out with
time and understanding. A lot of numbers are being written here.
I'm reading it now. And estimates and things. Let's just see -- let's
just -- let's see what we're really doing here before we make a
commitment. I think it's very wise. I understand taxpayers' money.
I do. I respect that. But, boy, we don't need to -- we need to be a
little sure on our feet here on this deal.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: I would as well. And I think one
reason to do this is I think we've seen a great agreement that was
negotiated by staff with Uline. I think any developer of any kind
that comes in to do something around the sports park is going to ask
us for incentives and things. So, it's -- I think it would be helpful for
me to see this analysis, what's it going to mean, So, that when this
comes up the next time -- and my gut feeling is that these things are
going to come up, and we're going to have to make decisions quickly;
that at least we would have gone through this process already and
understand kind of the parameters of what kinds of things can we and
can't we do in terms of the return on the investment and what's the
right thing to do. I mean, I think it will give us at least a baseline to
start with.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And, again, I agree,
October 13, 2020
Page 104
and I just have concerns about the process.
We've learned just in the acquisition of the Golden Gate Golf
Course certain things change. And time goes on, and we go out and
spend money to do a study, to do an analysis. Unlike Uline, which is
coming; it's there. It's under contract and going forward. We're
spending money to do a study on the potentiality of a project coming
to us and to offer us that, and that's my concern. Not the wisdom of
doing a study and gathering data; it's just the process that I've got
to -- and we're spending taxpayer money to go hire a consultant to do
a study on a deal that's not done, and that's where --
CHAIRMAN SAUNDERS: Commissioner Fiala, did you have
anything?
COMMISSIONER McDANIEL: I've got --
COMMISSIONER FIALA: I was just going to make a
comment and say that nobody needs to have an incentive to go out by
the sports park. That is the incentive. They would probably pay to
get in there. That's just my comment.
CHAIRMAN SAUNDERS: Anything else from the
Commission?
(No response.)
CHAIRMAN SAUNDERS: Any other comments from staff?
MR. OCHS: No, sir.
CHAIRMAN SAUNDERS: Then I think we're ready for a
motion.
COMMISSIONER TAYLOR: I make a move to approve the
recommendation to have a market and feasibility study with Hunden
Strategic Partners.
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: We have a motion and second.
Any discussion on the motion?
(No response.)
October 13, 2020
Page 105
CHAIRMAN SAUNDERS: Call for the question. All in
favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: That passes 4-1.
Why don't we come back -- we have a 1:00. We'll come back
at 1:05. Does that work for everybody?
COMMISSIONER TAYLOR: 1:05.
CHAIRMAN SAUNDERS: Then we'll start with the COVID
update. All right. We're in recess until 1:05.
(A luncheon recess was had from 12:05 p.m. to 1:05 p.m.)
CHAIRMAN SAUNDERS: The meeting of the County
Commission will please come back to order.
I understand we have three real quick staff items that the
Manager would like to take up before we get to the COVID report.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: So, let's go ahead and do those
three items.
MR. OCHS: Yes, sir.
Item #11E
AWARD INVITATION TO BID (“ITB”) NO. 20-7797, COLLIER
BEACH RENOURISHMENT 2020-2021, TO EARTH TECH
ENTERPRISES, INC., IN THE AMOUNT OF $1,094,700,
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT, AND MAKE A FINDING THAT THIS ITEM
October 13, 2020
Page 106
PROMOTES TOURISM (PROJECT NO. 90068) – APPROVED
MR. OCHS: The first one of those is Item 11E, and this is a
recommendation to enter into a contract with Earth Tech Enterprise s,
Incorporated, for Collier County beach renourishment in the amount
of $1,094,700, authorize the Chairman to sign the agreement, make a
finding that this item promotes tourism. You-all have the
information on this beach renourishment project in your pac ket.
Andrew Miller is here to make a presentation or to answer any
questions the Board may have.
CHAIRMAN SAUNDERS: All right. Do we have any
questions or comments from the Commission?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and second.
Any registered speakers?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, seeing no further
comments, 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, sir.
COMMISSIONER FIALA: Great presentation.
MR. ANDREW MILLER: Thank you very much.
MR. OCHS: Thanks, Andy.
October 13, 2020
Page 107
Item #11F
AWARD AN AGREEMENT FOR REQUEST FOR PROPOSAL
(“RFP”) #20-7775, “TOURISM MARKETING & PROMOTIONS,”
TO PARADISE ADVERTISING AND MARKETING, INC. WITH
AN EFFECTIVE DATE OF OCTOBER 1, 2020, AND MAKE A
FINDING THAT THIS ACTION PROMOTES TOURISM –
APPROVED
MR. OCHS: The next item is 11F. This is a recommendation
to award the annual contract for tourism marketing and promotions to
Paradise Advertising & Marketing with an effective date of
October 1, 2020; make a finding that this action promotes tourism.
Mr. Wert is available to present or respond to questions from the
Board.
CHAIRMAN SAUNDERS: All right. Any comments or
questions from the Commission?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: Any registered speakers?
MR. MILLER: No, sir.
COMMISSIONER TAYLOR: I have a question.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. And what is -- this
is -- we went out for a RFP, did we?
MR. WERT: Yes. Yes, ma'am, we did.
COMMISSIONER TAYLOR: And we chose them. What are
the reasons? I'm sorry. I didn't --
MR. WERT: That's okay. We had seven firms make a bid for
this business.
COMMISSIONER TAYLOR: Okay.
October 13, 2020
Page 108
MR. WERT: And the selection committee went through all of
those bids, and they did it independently, then came together and
voted. Paradise Advertising was the number one. It got the most
number of votes of all seven, and it was a unanimous decision to
recommend.
COMMISSIONER TAYLOR: And is this -- what kind of
increase is this over the last three-year contract?
MR. WERT: Actually, it's a decrease. It is actually a
decrease. We dropped the annual amount of the marketing and the
fee as well and hourly rates as well.
COMMISSIONER TAYLOR: Yeah. And just in case they're
listening, when we -- when we did the COVID marketing, you know,
I kind of said, let's use Paradise, and what they did and how they did
it, it was just remarkable. They just nailed it. So, I'm very happy
with them.
MR. WERT: Thank you. And we actually have two of the
staff here from Paradise Advertising. So, they're -- they worked
hard on that proposal. But it really, really, I think, is working,
ma'am.
COMMISSIONER TAYLOR: Yeah. That's very important,
especially for our public to know that -- you know, to have a firm of
this caliber and that they are coming in at a lower rate than they did
the previous three years is huge, and thank you for doing that.
MR. WERT: Thank you.
CHAIRMAN SAUNDERS: All right. Then 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.
October 13, 2020
Page 109
CHAIRMAN SAUNDERS: Opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MR. WERT: Thank you, Commissioners.
MR. OCHS: Thank you.
Item #11G
AWARD INVITATION TO BID (“ITB”) NO. 20-7762, “SCWRF
EFFLUENT FILTER EQUIPMENT REPLACEMENT" (PROJECT
NUMBER 70148), TO R2T, INC., IN THE AMOUNT OF
$2,418,227, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT – APPROVED
MR. OCHS: Commissioners, Item 11G is a recommendation to
award a contract for the South County Water Reclamation Facility
effluent filter equipment replacements to R2T, Inc., in the amount of
$2,418,227, and to authorize the Chairman to sign the agreement.
Mr. Chmelik is available to present or answer questions,
Commissioners. This is a responsive -- lowest responsive
competitive bidder among several. It's on your regular agenda
because it exceeds the $1 million threshold.
CHAIRMAN SAUNDERS: Any questions?
COMMISSIONER FIALA: And again, motion to approve.
CHAIRMAN SAUNDERS: Do we have a second?
COMMISSIONER TAYLOR: I'll second.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. Any questions or comments from the Board?
(No response.)
CHAIRMAN SAUNDERS: Any registered speakers?
October 13, 2020
Page 110
MR. MILLER: No, sir.
CHAIRMAN SAUNDERS: I'll call for the question. 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, Commissioner.
Outside of Item 10A, which is Commissioner Taylor's item,
that's the only other item left on the agenda beyond the COVID
report, if you want to take that one up.
CHAIRMAN SAUNDERS: Okay. Let's go to the COVID
report, and then we'll go to the -- So, that's Item 10A. I'm sorry, no.
I'm sorry, yeah, we're -- that's 11A. I'm sorry.
MR. OCHS: No. I said Item 10A is the only other item still
remaining to deal with --
CHAIRMAN SAUNDERS: Right.
MR. OCHS: -- on the agenda.
CHAIRMAN SAUNDERS: We have some people on the
COVID issue, and I think we're going to have some dialogue on the
M-CORES thing. So, let's move to the COVID time-certain.
MR. OCHS: Very good. Thank you, sir.
Item #11A
ACCEPT THE COVID-19 STATUS REPORT AND PROVIDE
FURTHER DIRECTION AS APPROPRIATE - UPDATES GIVEN
October 13, 2020
Page 111
MR. OCHS: That's Item 11A. It's a recommendation to accept
the COVID-19 status report and provide further direction as
appropriate.
We'll begin with your Public Health Department Director,
Stephanie Vick.
MS. VICK: I guess I should have gone to the other podium.
CHAIRMAN SAUNDERS: Good afternoon.
MR. OCHS: She'll be done in a second.
MS. VICK: I don't want to rush you.
Okay. For the record, Administrator Stephanie Vick, Florida
Department of Health, Collier County.
Thank you, Commissioners, for having me here. And today's
meeting is very timely. As you know, Governor DeSantis moved us
into Phase 3 of the Safe, Smart, Step-by-Step Reopening Plan on
September 25th, and we are now beginning to see small increases in
numbers that are likely the result of increased person-to-person
contact in the community such as in the restaurants, particularly in
the bars.
I want to remind everyone that we're still under a public health
emergency order, and there's still an active public health advisory in
effect in which Florida Surgeon General and Florida Department of
Health recommend wearing masks in public places where social
distancing is not possible, gatherings of more than 10 people are
discouraged, and individuals 65 and older, as well as individuals with
underlying health conditions, are encouraged to limit their activities
with people outside the home.
Okay. We're going to begin our presentation with John Drew,
Organizational Planning and Development Consultant, Florida
Department of Health, and then we'll hear from Dr. Lindner and
Dr. Quintero from NCH Healthcare System. They'll be brief, okay.
October 13, 2020
Page 112
Followed by Dr. Rebecca Bernard, also will be brief. I know there's
quite a few slides there, but she'll be through them quickly. And she
is from the Collier County Medical Society. So, --
CHAIRMAN SAUNDERS: Yes, Commissioner Taylor.
COMMISSIONER TAYLOR: Just a quick question, if you
don't mind. Just -- the public health emergency is a federal -- it's a
federal declaration that the states then transmit through the state; is
that correct? It's not a Florida public -- this is for my edification.
That's all.
MS. VICK: Both.
(Simultaneous crosstalk.)
COMMISSIONER TAYLOR: We're still under a -- we're still
under a public health declaration that was initially declared by the
federal government; is that correct?
MS. VICK: Correct.
COMMISSIONER FIALA: You know what, I didn't -- I didn't
hear.
COMMISSIONER TAYLOR: I wanted to know where that
declaration came from. And it's -- it was -- it's still in effect. And
it's federal. It's a federal United States of America declaration of
public health emergency, and then it's transmitted to us as a
community through the states.
COMMISSIONER FIALA: Thank you.
COMMISSIONER TAYLOR: Thank you.
MR. DREW: Hi. For the record, I'm John Drew with the
Florida Department of Health in Collier County. And I'm going to
just present some of the data, some of the same data that we've been
tracking all along.
So, our two weeks on the emergency department visits the last
two weeks for our influenza-like illness syndrome, the trend is
slightly upward. For the COVID-like illness syndrome, the trend is
October 13, 2020
Page 113
also upward. And then, from a historical perspective, we graphed
these back from the peak of our pandemic here in Collier County,
which was around the middle of July. So, the dates at the bottom of
the graphs are the week -- the day of the end of the week for the
14-day periods.
But as you can see, they both trend downward -- pretty steep
downwards trend after the peak, and then they both kind of flatten
out. And the ILI one about mid to late September is starting to move
upward again, which is to be expected since it's flu season. And
then the COVID-like illness one is also -- has kind of bottomed out
and seems to be ticking upward just slightly over the last two weeks.
And then moving to -- I know it says cases up there, but this is
actually positivity rates. So, our positivity rates over the last two
weeks also trending upward, and the same sort of historical view
from mid July, you can see the downward trend, the bottom, and it's
starting to tick upward over the last couple of weeks.
Then we took a look at the positivity rates of certain regions
within the county. And So, even though the overall positivity rate
for the county is around 6 percent in the last two weeks, these
individual regions have a little bit of variability in there. I'll just give
you a second to absorb that.
Next, looking at the hospital capacity, again we're focusing on
the maroon-colored area at the bottom of those bars. You can see
that it's taking up a lot of less -- those are the COVID-filled beds,
COVID-19-filled beds. It's taking up a lot less of the capacity of the
hospitals than it was a while back. But as you can see, we're still
averaging around 30 people in the hospital being treated for
COVID-19; 30 people every day.
And if you look at the last couple of days there, you can see it's
beginning to increase a little bit, although a couple days isn't enough
really to establish a trend.
October 13, 2020
Page 114
This is the same historical view for the hospitalizations. Again,
the peak around mid July and bottoming out right around a couple
weeks ago and now sort of -- looks kind of flat. Maybe it's still
going down. Still kind of unsure what -- where that's going to go.
But based on the other data, the COVID-like illness, ED data,
and the positivity rates increasing, it's likely that these
hospitalizations will start to increase as well.
And then here we're looking at the percent change from the
previous two-weeks' periods on a couple of variables. So, we're
comparing the September 13th through 26th to September 27th
through October 10th. And when you compare those two time
periods, there was a 15.3 percent increase in the number of new
cases, there was a 26.1 percent increase in the positivity rate, an d a
38.5 percent increase in the number of hospital admissions.
In the past, we've been asked how the Collier -- how the
COVID-19 deaths compare to other causes of death, So, we put
together this chart. This is based on the 2019 leading causes of
death using our current COVID-19 deaths. And so, as you can see,
if we were -- if the number of deaths that we have currently were put
against 2019 deaths, COVID-19 would be the fifth leading cause of
death in Collier County, and we're only in October.
COMMISSIONER SOLIS: This -- I'm sorry.
MR. DREW: Yes, sir.
COMMISSIONER SOLIS: So, just So, I'm clear. Right, this
is -- this is comparing it to the entire year of 2019?
MR. DREW: That's right. Yes. That's correct.
COMMISSIONER SOLIS: This year to date comparing it.
Okay.
MR. DREW: Exactly, yes. This year to date compared to all
of 2019. And I'd just point out that for the state as a whole,
COVID-19 is -- would now be the third leading cause of death.
October 13, 2020
Page 115
And then we were asked to do some comparisons with other
counties, So, I just want -- we just wanted to point out all along that
we have been comparing this one data point with our rates, COVID
case rates per capita with the other South Florida counties, and we are
still third in that list of the rates per capita. So, Miami-Dade and
Broward and then Collier.
And then, additionally, we picked some counties with mask
ordinances and without mask ordinances and compared the positivity
rates on those. We also compared some other variables as well but,
pretty much, they all came out the same. So, this looks at Collier
compared to Lee, Seminole, Manatee, and Polk, where Lee and Polk
are the two without mask mandates and the other three do have mask
mandates. And as you can see, as expected, the curves are all pretty
much the same. There aren't any real significant differences between
the way that things transpired as far as positivity rates.
COMMISSIONER TAYLOR: Well, how do you read that?
What does that tell you?
MR. DREW: Well, I'll answer that in just a moment, if you
don't mind. I'll go one more slide, and then I actually wrote down
the conclusions So, that we could --
COMMISSIONER TAYLOR: Okay.
MR. DREW: -- I wouldn't miss anything.
So, we pulled out just Lee and Collier So, we could look at
those. And So, this is an example of some of the confounding
factors of, you know, why it's difficult to draw any conclusions,
because Fort Myers Beach city had a mask mandate on 7/1. Sanibel
Island city had a mask mandate on 7/3. Lee County overall did not
have a mask mandate.
Collier County had a mask mandate 7/21. City of Naples did
not have a mask mandate. City of Marco Island did not have a mask
mandate.
October 13, 2020
Page 116
So, if you'll indulge me for a minute and a half, I've timed
myself, I'll read our conclusions. So, while doing those
comparisons, we concluded that although the graph curvatures were
similar in the comparison counties, we found that there could be a
number of influencers in each.
There are many peer-reviewed scientific studies showing that
wearing masks reduces the spread of virus, and this is why DOH
recommends masks.
The fact that the cases and positivity rates in counties with mask
mandates went down at the same rate as counties without mask
mandates is not enough evidence by itself to base a decision on.
There are many other variables that must be considered such as mask
mandates in the cities within the counties, people traveling between
counties; for example, people who work in Collier County and live in
Lee County. There are differences in county demographics and
differences in policies among businesses and other employers.
Another example, major retailers such as Walmart, CVS,
Walgreens, and Home Depot all implemented mask policies in mid
July.
Also the needs and desires of residents, both permanent and
seasonal visitors and business owners, must be considered as should
Collier County's vulnerability as a common travel destination for
people from the densely populated East Coast cities.
Finally, consideration should be given to the upcoming holidays
and the likelihood that more people may gather in large groups.
COMMISSIONER FIALA: Most people what?
MR. DREW: More people will be gathering in large groups
because of Thanksgiving and Christmas holidays coming up. We're
going to have people wanting to gather.
And if there are no questions, I'm going to turn it over to
Dr. Lindner and Dr. Quintero.
October 13, 2020
Page 117
CHAIRMAN SAUNDERS: All right.
DR. LINDNER: Good afternoon. Thank you, Commissioners,
Chairman Saunders, Ms. Vick.
For the record, I am Dr. David Lindner, DO, MBA, CCP. I am
a pulmonary and critical care physician and academic appointments
with Mayo School of Medicine, University of Central Florida. I'm
also the Medical Director for COVID at NCH.
It would be -- the slides are for Dr. Quintero. I chose to go
without and keep down the time.
It is my contention that Collier has been partially successful.
We have obviously dropped from the peak. Currently we have a
5.74 percent rate. Unfortunately, from a medical opinion, that is still
too high. The numbers are down. Obviously, we do -- it does
appear that there was a -- to coincide with when we instituted the
mask mandate, but So, did other places.
It appears that, in my opinion, prior education of the public did
not fully coincide with reaching an 80 percent, you know, penetration
of masks; that the mask mandate did appear to do that when we go
out in public, and before we would see a degree of people who were
not versus the degree of people who are doing So, now. I think that
both Southwest Florida and even the counties that did not mask have
benefited from the mask mandate here for the reasons that were just
alluded to.
Overall, unfortunately, as you just saw presented, Collier
County in cases per 100,000, in cases per million, ranks up there with
Dade, Broward, and Collier being, unfortunately, some of the top
cases per percentage-wise in the country. Unfortunately, for Collier,
we have a very unique population. This is where the medical
interpretation, I think, of these statistics becomes important.
We have a unique population in that we have one of the older
populations. We have a very active older population, but still the
October 13, 2020
Page 118
age of Collier County is different, and we are a different county.
We also have a unique issue in that we have an at-risk group of
people from Immokalee. If you take out particularly certain ZIP
codes within Collier County, we note that that also basically, is where
a tremendous amount of our spread -- and, again, that spread comes
from the socioeconomic conditions and predominantly the family
living relations as well as the worker living, basically, methodology
of the people for their work and for what they do.
Currently, it appears in my medical opinion and that of the
COVID medical team that right now Collier County is safe. I mean,
I can honestly, you know, say -- and I've been getting numerous calls
from our patients who are up north, and that is, should I come back?
Should I come here for the season? And right now, I can honestly
answer and have been answering to them that it is safe for them to
come to Collier County.
We have reduced COVID. We are -- for the most part, right
now, people are practicing safe practices, and I believe that they can.
I do believe that we can engage in our economic pursuits and do
things in an appropriate manner with that.
I was in agreement with the Governor's opening as long as
people continue to practice safe. Those things are not in opposition
to each other. These two things are actually together, particularly if
practices are safe.
Unfortunately, my next point is that COVID is still alive and
well. I admitted people yesterday, critically ill people, to t he ICU
who basically had COVID. This has not gone away; it is still
unfortunately here.
I also listened in anguish to patients who, despite having no risk
factors, still got COVID. You know, they're in the hospital for a
month and a half. Why me? It does appear to be capricious at
times when people do not have that; that is still there. I heard anger
October 13, 2020
Page 119
towards -- from one patient towards the person who he knows was
the person where he got COVID and now his life irreparably
changed. Those are all real things.
I, ultimately, would have no issue with anyone who chose not to
wear a mask if it only affected them. That would be their, hopefully,
informed choice. But, unfortunately, with COVID, that is not the
case. COVID spreads in asymptomatic people. Basically, this
means that we put, in Collier County, the risk of our elderly, our
seasonal residents, and other vulnerable populations at risk if we
don't practice good practices.
Unfortunately, and in addition to this, if we don't practice safe
practices, as now is being reported, excess deaths due to the COVID
pandemic probably will outstrip the number of COVID deaths.
Excess deaths right now have just been reported. This came out in
the literature just the other day. And that is deaths normally, in
actuarial, can predict how many people are going to die within a year.
Unfortunately, since the pandemic has started, we're actually having
more people die of heart disease, of cancer, all these other problems.
Why? People deem it not safe to seek medical care. Those deaths
will probably outstrip the number of COVID deaths and, in actuality,
should be attributed to the pandemic when you think it through.
From a medical perspective, we need to maintain safety in order
to have people feel comfortable in seeking medical care.
I would like to point out that we have, for a long time, had
multiple and do have multiple laws regarding public health. We go
after people who purposely spread HIV. We have laws in the state
of Florida regarding tuberculosis and quarantine and treatment, okay.
We allow people to smoke but now, not because of the effect to the
person, but the effect to other people, we restrict their ability to
smoke in certain places, particularly around children and other
vulnerable individuals.
October 13, 2020
Page 120
I mean, we prohibit rat droppings in, you know, restaurants, and
who among us has not seen the sign "no shoes, no shirt, no service"?
I mean, to me this is no different than the laws that, basically,
bodies like this have instituted in the past for many of the same
reasons. My statistics I'm going to present in verbal form are
somewhat different than what just happened. Essentially, right now,
as a team we can predict that if 100 people in Collier County get
COVID, we know approximately 7 percent of them will end up in the
hospital. Three of them are going to be really sick. If you're really
sick and you make it to the ICU in our institution, you have a 28 to
30 percent chance of dying. If you end up on a non-invasive
positive-pressure ventilator or on a ventilator and survive, you will be
there over a month. That's just the raw numbers.
The only way that I can effect meaningful change is to prevent
people from getting COVID in the first place. From a public health
standpoint, that's what I want to, basically, focus my efforts on.
I don't want to shut the barn door after the cows have escaped
because, essentially, as a critical care doctor, that's what I'm doing.
Those statistics, by the way, have not changed since March. If
we -- if we surge again, I will be able to predict, basically, resource
needs of the hospital with accuracy. The goal is to stop this at the
point of where people get this.
So, as a medical professional, I and my colleagues would
recommend the continuation of masking until successful
implementation of other efforts, including either treatment and/or
vaccination which would mean that the likelihood of a person
obtaining COVID is not reasonable.
If we choose to loosen the masking mandate like other places in
the world -- So, far most of the places that have lessened their
restrictions have all had surges. I don't expect us to be any different.
If we do, then my recommendation is that you would consider having
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an automatic restart to the mandate. I will accept if peopl e want to
have no masking, but if that fails, let's have the courage to reinstitute
it since that is the one recommendation right now that most of the
medical professionals have.
I thank you for your time.
CHAIRMAN SAUNDERS: Just So, the audience understands,
as well as Dr. Lindner, the issue of the mask order is not on the
agenda today.
DR. LINDNER: I know.
CHAIRMAN SAUNDERS: That order expires by its own
terms two weeks from today.
DR. LINDNER: I know.
CHAIRMAN SAUNDERS: So, we may have a conversation
about the validity of that order, but we have that scheduled for two
weeks from today.
DR. LINDNER: I do understand that.
CHAIRMAN SAUNDERS: I'm sorry.
MR. OCHS: I believe it's the 22nd of October; next week.
CHAIRMAN SAUNDERS: When did I say?
MR. OCHS: You said two weeks.
COMMISSIONER TAYLOR: Next week. A week this
Thursday.
CHAIRMAN SAUNDERS: Oh, I thought we set it for the --
COMMISSIONER McDANIEL: Twenty-second.
DR. LINDNER: It is the 22nd, to my understanding.
CHAIRMAN SAUNDERS: Oh, okay. All right.
DR. LINDNER: Which is one reason why I felt compelled
from a public health --
CHAIRMAN SAUNDERS: For some reason I was thinking it
was the 29th.
DR. LINDNER: -- standpoint to comment on it.
October 13, 2020
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CHAIRMAN SAUNDERS: Thank you, sir.
DR. LINDNER: You're welcome.
CHAIRMAN SAUNDERS: Any questions? Commissioner
Taylor.
COMMISSIONER TAYLOR: Yes. This chart -- and I just
did a simple calculation. It looks like in one week you had 2,642
COVID --
DR. QUINTERO: Those are tests.
DR. LINDNER: Those are tests.
COMMISSIONER TAYLOR: -- tests. Yes.
DR. LINDNER: These are testing -- this is the amount of
testing that we are doing.
COMMISSIONER TAYLOR: But it also could be
repeat -- like, if someone contracts -- somebody gets COVID, they
have to be tested several times, correct?
DR. LINDNER: We have pretty much instituted, if they're
positive, okay, that we are not -- we are following the CDC
guidelines and we are not retesting. We are using a symptom-based
strategy.
The PCR is very, very sensitive, and a person can be, basically,
asymptomatic greater than 10 days, and the PCR will continue to pick
up pieces of the RNA. And that has been documented out to three
months. So, the wonderful thing before PCR is it's highl y sensitive.
The bad thing about PCR is it's highly sensitive. So, therefore, a
person who had COVID is now asymptomatic, is not contagious, can
still be positive for PCR and yet they are no longer contagious.
COMMISSIONER TAYLOR: But -- So, this 2,642 tests
represent initial tests of COVID?
DR. LINDNER: These are representing new -- at this stage
right now, these are representing new -- new testing or testing of
previously, you know, tested people if they were negative.
October 13, 2020
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COMMISSIONER TAYLOR: Okay.
COMMISSIONER McDANIEL: That's total tests.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SAUNDERS: Thank you, sir.
DR. LINDNER: You're welcome.
DR. QUINTERO: Good afternoon, and thank you for allowing
me to speak on behalf of NCH Healthcare System and over 600
physicians that I practice with.
My name is Carlos Quintero. I was here about a month ago.
Chief quality officer at NCH, Clinical Instructor of Medicine with
Mayo Clinic, and also Associate Professor of Internal Medicine with
University of Central Florida.
I'm also a practicing internist who works in the hospital seeing
COVID patients on a weekly basis. I also am a member with
Dr. Lindner of the COVID Task Force at NCH.
To clarify on this graph, this could also mean patients that have
been tested within the system repetitively because they were either
negative, they wanted to get tested again, So, this is just showing the
number of tests that we've done at NCH Healthcare System, and
there's a couple other slides that I'll go over at the end.
First of all, I'd like to thank you for allowing me speak with you
today and for passing mask mandates in July and September. It has
made a difference, because you and masks have saved lives.
I would like to report that as of yesterday, NCH has 18
COVID-positive patients admitted within our system. This is down
from about 150 in mid July, just prior to the original mask mandate
that was passed. Our positivity rate remains around 4 to 6 percent.
Our system established early on a mandate mask policy. We
credit that policy with continuing to safeguard the health and
well-being of our staff, patients and, more recently, their loved ones
that are now able to visit them in the hospital safely all because of
October 13, 2020
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simply wearing a mask.
As we move on to the next phase, as Dr. Lindner was referring
to, Phase 3 of this pandemic and also reopening our economy, we
have begun to open our -- reopen our schools and businesses, we
need to be cognizant that the virus is not going away, and we need to
continue to protect ourselves.
As we head into winter season, we need to be aware of increased
prevalence of other viruses such as Influenza A, Influenza B, RSV,
and other viruses that can lead to significant disease and death.
The unintended consequences of social distancing, hand
washing, and mask wearing has allowed us at NCH to see
significantly lower rates of these viruses over the past two months.
Compared to August and September of 2019 when we had almost
300 cases of Influenza A, Influenza B, RSV, and rhinoviruses, this
year we've only had 82 cases thus far, greater than 70 percent less
than what we saw last year.
This correlates significantly with lower rates of influenza in the
southern hemispheres, which has always been a predicter of what is
to come in the northern hemisphere. These lower rates are in no
doubt related to strict mask adherence.
By keeping our current mask mandate, we will continue to do
the right thing to keep this disease controlled and keep our at -risk
population, our elderly population, those with cancers and other
diseases, and children safe. We reduce the risk of having to shut
down the economy as many other places have had to do, as Dr.
Lindner alluded to, because of disease resurgence. By keeping the
disease in check, our hospitals will continue to have open-bed
capacity and allow our seasonal residents to know we are a safe
community to come back to.
Many articles have been written about this pandemic with
varying opinions about how our leaders have handled it, but we
October 13, 2020
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choose to look at the facts and scientific evidence.
Today at NCH and in our community, the facts are this: Our
overall infection rate in the county is on the decline compared to how
it was in July because masks work. The number of hospitalizations
for weeks have now been less than two dozen because masks work.
NCH can safely allow visitors now back into the hospital, schools can
safely allow children back into the classrooms, as we have done, and
businesses can safely reopen their doors, as we have done. All of
this because masks work.
My colleagues and I hope that you, as our community leaders,
will listen to your health experts to make the right decision for our
community because the masks work.
Thank you.
CHAIRMAN SAUNDERS: Thank you.
DR. QUINTERO: I had two slides here. Very brief. I
apologize. So, positivity rates, this goes along the lines of what
Department of Health showed. Our positivity rate has come down
nicely over the last several weeks.
We potentially saw a little bit of a surge. It's a little bit hard to
tell what we're seeing in the last few days, but the numbers have
come done nicely over the last month or so.
And this is the number of patients that we have treated in NCH
Healthcare System. I showed this graph about a month ago. We
were as high as 144 patients, and we've come down nicely since the
masking started.
DR. BERNARD: It's okay. I won't touch anything.
Hi. Rebecca Bernard. I'm a family physician and the
President of the Collier County Medical Society.
And just very briefly -- and I do appreciate your allowing me to
speak on behalf of the community physicians.
Just an update that the CDC did update their website just about a
October 13, 2020
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week ago to acknowledge that while most cases of COVID are spread
through respiratory droplets, there is an increase -- there has become
identified that there is airborne transmission of the virus under
circumstances like an enclosed space.
Although we aren't quite sure how mask mandates have affected
us locally, we do know that they have helped in other communities,
and here's a few headlines. And I just want to let you know that I
convened the COVID-19 task force and the board and that
overwhelmingly, the community physicians --
CHAIRMAN SAUNDERS: Excuse me.
DR. BERNARD: Yes.
CHAIRMAN SAUNDERS: Can you go back to the last slide.
DR. BERNARD: Yes.
CHAIRMAN SAUNDERS: I know you're going through this
really quickly, but maybe if you could just spend a second on this So,
we can --
DR. BERNARD: Sure. Yeah. As I mentioned, we don't
really know, because of the confounding variables, how the mask
mandate has affected our community; however, we can see from
other parts of the country and outside of the country that areas that
have enacted mask mandates have seen a decrease in COVID-19
transmission.
And I just show most recently there was an Arizona report
showing that there was a decrease by 75 percent of COVID after
mask mandates began. That was just released.
CHAIRMAN SAUNDERS: Yeah. I was in Phoenix for a
week going back about 10 days ago. They have a statewide mask
ordinance there and -- or order, and I didn't see anyone going into a
building without a mask on, and it was pretty universal.
DR. BERNARD: I think it's harder to make a comparison
when you have some areas participating and others not. But here
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you can see that in some areas it's been very effective.
And I just wanted to convey from the physicians in the
community, our COVID-19 Task Force are physicians from multi
specialities that are working in the community with patients mostly
on an outpatient basis but also in hospitals, and our task force
overwhelmingly recommends that we continue with a mask mandate.
I've only included here, just for your own personal review, some
of the quotes that I received in writing from different physicians
saying that they do suggest, especially with Phase 3 reopening, that
we continue to recommend mask use while we determine how the
community will be affected.
Also physicians are concerned about our season, which is
upcoming, and the fact that we are entering into flu season. There is
some optimism with the southern hemisphere and low rates in
Australia. We hope that will be the case here, but we need to be
cautious.
Of course, we are still seeing deaths. This is the death rate in
Florida. We know that the cases are trending down, but you can see
that we are still losing patients every day here in Florida.
And just in summary, I think it's wonderful that the rates are
decreasing, but we are still seeing death rates high. And we know
that we are opening up, So, we may see more transmission. We
know flu season is around the corner, as is season, and So, as medical
professionals we would recommend that we remain vigilant,
including the use of masks as masks are safe for most people.
Thank you.
CHAIRMAN SAUNDERS: Mr. Ochs, do we have a report
from our staff as well?
MR. OCHS: No, sir. All our operations are full up.
CHAIRMAN SAUNDERS: Okay. Any questions or
comments from the Commission?
October 13, 2020
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(No response.)
CHAIRMAN SAUNDERS: I do have one comment, and I
would like to have us double-check this. My recollection is -- and it
could be very fuzzy -- that when we extended the mask order, my
recollection is Commissioner Solis had put a date in there of
October 22nd, and I recall saying, let's move it to a date that we have
a meeting. My recollection may be completely wrong but,
Commissioner Solis, have you --
COMMISSIONER SOLIS: In fact, I just -- I was thinking the
same thing, and I asked Angela to go back to the video and,
apparently, I had said the 13th.
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER SOLIS: And you had said the 22nd. I
think it was because it was a Thursday that we had the meeting.
CHAIRMAN SAUNDERS: Oh, okay.
COMMISSIONER SOLIS: And So, I was under the same
impression. I thought it was going to be a date that we had a
meeting scheduled for, but it appears that that's now what we did.
COMMISSIONER TAYLOR: The 22nd.
CHAIRMAN SAUNDERS: The implication is that this -- it
expires on the 22nd. We don't have a meeting between now and the
22nd. I'm glad we clarified that, at least in my mind, because I
thought I had -- I had intended to make it on a meeting date.
COMMISSIONER SOLIS: That's what I thought we had done
as well.
CHAIRMAN SAUNDERS: All right. Any questions or
comments from the Commission?
(No response.)
CHAIRMAN SAUNDERS: If not, then public comment.
MR. MILLER: Yes, Mr. Chairman. I have three registered
speakers for this item. Your first speakers is Stephanie Nordin.
October 13, 2020
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She'll be followed by Dan Cook. All these speakers are here in the
room.
CHAIRMAN SAUNDERS: Okay. And we generally limit
our speakers to three minutes, So, try to stick with that as closely as
we can.
MS. NORDIN: I'll do my best.
Good afternoon. My name is Stephanie Nordin, and I'm a
native to Collier County. I've also had the privilege to have my four
boys raised here. We love this area, and we're proud residents.
My oldest boy is my 11-year-olds. They're going to turn -- or
my oldest boy is my twins. They're going to turn 11 next week.
Shortly after their first birthday, they were diagnosed with autism.
In those early years, the boys would get So, frustrated that I wasn't
understanding what they were communicating, So, they would bang
their heads into the concrete. So, much So, that one broke his nose
and one got a concussion. And So, I put helmets on them to ensure
their safety.
They averaged about two to three hours of sleep at night, and I'd
often find them in dangerous situations in the wee hours of the night.
So, I got them special-needs beds to get them -- keep them safe.
One day my son was jumping on the trampoline in the backyard,
pulled a Houdini act, jumped the fence, and took off. A police
officer brought him back to me and said that they found him in the
middle of Collier Boulevard when there is a lot of construction and
heavy traffic. So, I utilized the safety tracking devices offered
through the Sheriff's Department to keep them safe.
After these and many other experiences, I did find a solution; a
therapy approach called Applied Behavior Analysis, or ABA therapy.
ABA therapy is an evidence-based treatment that is highly
data-driven and highly successful. Because of ABA, my kids are no
longer wearing helmets, they sleep in regular beds, and I don't have
October 13, 2020
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to worry about them escaping. They read, they write, they speak,
and it's been a miracle for my family.
One of the gifts this experience has given me is understanding
the importance of evidence and data, especially in times of
uncertainty and panic. Emotional response, personal beliefs, and
anecdotal information skew results, rendering it ineffective.
When you decided to change your decision to enforce the mask
mandate, there was not new evidence or data behind the reasoning.
It was changed based on emotional response, personal beliefs, and
anecdotal information.
Stephanie Vick stated that if we would get down to less than
10 percent positivity rate, that we would phase out these protective
measures. And here we are at less than 6 percent positivity rate, and
the survival for the majority of the population is at 99 percent.
The data mandating the masks doesn't match the consequences;
however, the consequences of your decision have created new data
that's far more troubling. Arrests have increased by 79 percent in
Collier County since the start of this pandemic. Domestic abuse,
child abuse, murder, and suicide are prevalent in our previously safe
community.
The mental health and social strife your mandate has caused has
been far more detrimental than the health and safety of our choice to
wear a mask or not.
We are metaphorically banging our heads against the concrete
because we are frustrated that you're not understanding what we are
communicating. We've protected ourselves and our families from
things far more worse than that virus, and infringing our personal
right to freedom in the name of health is unacceptable, and we need
to end the mask mandate.
Thank you.
MR. MILLER: Your next speaker is Dan Cook, and he will be
October 13, 2020
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followed by Jim MacArthur.
Mr. Cook, you could use the other podium, if you'd like, while
she cleans this one. Thank you, sir.
MR. COOK: Thank you, Mr. Chairman.
So, I'm here today, obviously, to speak to the mask mandate and
how it's affected me. As Stephanie just said, the mental health
aspect of, you know, the repercussions of the mask mandate really
can't be measured. You know, I don't have statistics on how, you
know, how wearing a mask affects me. Sorry, I'm a little shaken up
here.
CHAIRMAN SAUNDERS: Take your time. And if you need
more than three minutes, that's not a problem.
MR. COOK: All right. Thank you. I appreciate it.
Let me just share my personal story with the masks. I've lost
my job twice due to COVID. First was because of the economic
downturn back in March. I was basically the first one on the
chopping block and ended up losing my job. Fortunately, a few
weeks later, I got my job back. I was happy about that. Then at
mid summer I was faced with the -- pretty much the dilemma of
wearing a mask at my job. Certain clients would come in. They
were concerned about the spread of COVID so, understandably, I
gave it a shot. I wore the mask at work. I didn't want to, but I did
it, you know, because I had to maintain a paycheck.
It affected me in a real negative way. First, I was able to wear
it for, like, five minutes at a time, and no -- no major concerns, but I
recall one Thursday I had to wear it probably four or five different
times with clients. And to make a long story short, when I got back
to my office, I felt my heart rate increase rapidly. I suffer from
PTSD, So, I think wearing the mask triggered that for me. So, by
putting it on, it raises my heart rate dramatically. I noticed I had a
pretty severe headache.
October 13, 2020
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And So, I guess my point is that, you know, from my personal
perspective, I tried wearing the mask. I literally tried doing it, but I
couldn't. I ended up quitting my job over that because I wasn't going
to continue to put a paycheck over my health.
And So, as we're here today, I know you guys just heard from
NCH hospital, you heard from several people speaking to the benefits
of masks in our society, but I think that it's important for you to
consider the perspective of, you know, the negative aspects of
wearing a mask.
So, I do hope that if you -- whether it's going to be on the 22nd
or at the next County Commissioners meeting, I would hope that you
would hear from some other health professionals who might have a
different take on the mask to at least just have more of a fair and
balanced -- So, that you have more of the information if -- I'm not
sure if I'm conveying what I'm trying to say here.
CHAIRMAN SAUNDERS: You're conveying it very well.
And, again, if you need some more time, just go ahead.
MR. COOK: No. I think I conveyed it, So, I appreciate that.
CHAIRMAN SAUNDERS: Let me ask you a quick question.
We generally don't ask speakers questions, but I'm curious. You quit
your job. But was it your employer was requiring the wearing of a
mask because certain customers or clients felt more comfortable that
way? Is that what happened?
MR. COOK: Yeah, that's accurate.
CHAIRMAN SAUNDERS: Okay.
MR. COOK: All right.
CHAIRMAN SAUNDERS: All right. Thank you very much.
MR. MILLER: Mr. Chairman, your final registered speaker for
this item is Jim MacArthur.
(No response.)
MR. MILLER: I will call his name again. Jim MacArthur?
October 13, 2020
Page 133
(No response.)
CHAIRMAN SAUNDERS: All right.
MR. MILLER: I have the slip, but he's not here, sir.
CHAIRMAN SAUNDERS: If he shows up while we're having
any discussion, we'll --
MR. MILLER: I will let you know, sir. Thank you.
CHAIRMAN SAUNDERS: Anybody else?
MR. MILLER: That was it, sir.
CHAIRMAN SAUNDERS: Anyone in the audience in
addition to that. All right.
(No response.)
CHAIRMAN SAUNDERS: All right. What we have on the
agenda is simply a COVID report. Any comments or questions from
the Board? And if not, we'll move on.
(No response.)
CHAIRMAN SAUNDERS: All right. Seeing none, thank you
very much for the report, and we'll move on to the next item.
MR. OCHS: Next item is --
CHAIRMAN SAUNDERS: I'm sorry. Commissioner Solis.
COMMISSIONER SOLIS: I'm sorry. You know, on second
thought, let me just ask one question. Given our kind of
misunderstanding of what the dates were, I mean, should we discuss
what we're going to do on the 22nd and whether or not -- you know,
do we want to -- do we want to discuss this on the 22nd, or do we not
want to discuss it on the 22nd, or do we want to leave it up to an
emergency meeting? I'm just trying to consider what -- if it's going
to -- it's not going to come up again before the next commission
meeting, should we schedule something to have a decision made at
the time that it expires?
CHAIRMAN SAUNDERS: Well, that would require having a
special meeting or an emergency meeting on or before the 22nd.
October 13, 2020
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The process for an emergency meeting is three commissioners, or I
believe the chairman can call one.
We can sit here today and set a regular meeting for sometime
probably between now and the 22nd if we So, desire. The question
becomes whether or not we want to do anything with this mask order,
and if we want to just let it expire for the time being, then we don't
have to do anything.
COMMISSIONER SOLIS: Right.
CHAIRMAN SAUNDERS: So, at this point, we have nothing
on the agenda. We have no meeting scheduled. And on
October 22nd -- and, unfortunately, I thought -- I really thought it
was the 29th.
COMMISSIONER SOLIS: I did, too.
CHAIRMAN SAUNDERS: Unfortunately, because that would
have given us an opportunity to put it on the agenda if we wanted to.
Right now there's nothing. So, we'll move on. If there's a desire to
set a special meeting, someone can make a motion to do that. If we
don't set a special meeting today, if someone has a desire to ask for
an emergency meeting, we can certainly do that; otherwise, the order
will expire at midnight on the 22nd.
COMMISSIONER FIALA: On what? 29th, did you say?
CHAIRMAN SAUNDERS: Twenty-second.
COMMISSIONER FIALA: Oh, I thought you said the 29th.
CHAIRMAN SAUNDERS: I had -- for some reason I was
thinking when I asked for it to be extended, my intent was to extend
it to the next regularly scheduled meeting, but I wasn't very articulate
in doing that, obviously. So, if there's no other discussion, we'll
move on, unless there's more discussion on this.
I don't see anybody's light lit up, So, let's move on.
Item #10A
October 13, 2020
Page 135
RESOLUTION 2020-188: FORMALIZE A BOARD OF COUNTY
COMMISSIONERS POSITION SUPPORTING THE MULTI-USE
CORRIDORS OF REGIONAL ECONOMIC SIGNIFICANCE (M-
CORES) PROGRAM ONLY IF THE PROGRAM DOES NOT
SUPPLANT OR DELAY EXISTING FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT) WORK PROGRAM PROJECTS
IN COLLIER COUNTY – ADOPTED
MR. OCHS: That takes us to Item 10A. This is a
recommendation to formalize the Board of County Commissioners
position supporting the multiuse corridors of regional economic
significance known as M-CORES program only if the program does
not supplant or delay existing Florida Department of Transportation
work program projects in Collier County. Commissioner Taylor
brought this item forward on the agenda.
COMMISSIONER McDANIEL: What's the item again?
CHAIRMAN SAUNDERS: Commissioner Taylor, I'm going
to --
COMMISSIONER McDANIEL: Forgive me.
COMMISSIONER TAYLOR: 10A.
CHAIRMAN SAUNDERS: I know this is your item. I want
to make a quick comment, just as you get into this item. I've had
some -- as a matter of fact, I was going to put something of this
nature on the agenda at some point.
COMMISSIONER TAYLOR: Oh, okay.
CHAIRMAN SAUNDERS: I'm not a supporter of the
M-CORES projects necessarily. I certainly do not know enough
about the one that impacts Collier County directly, So, I'm not going
to be -- unless I get good information from my colleagues here, I'm
going to be hard-pressed to support any resolution supporting
October 13, 2020
Page 136
M-CORES at this point. And I would ask that if we get into that,
that we have a hearing on it. So, anyway, I just wanted to lay that
foundation, because I have a problem with this.
COMMISSIONER TAYLOR: Okay. So, time is -- the clock
is ticking. We've got one more meeting, and then it goes. And,
actually, I'm going to -- this is going to be a little bit longer than I
expected it to be given your response. And --
CHAIRMAN SAUNDERS: That's why I wanted to say
something. I didn't --
COMMISSIONER TAYLOR: Thank you. Thank you.
Thank you.
We are in -- I am, as a member, I don't know if my colleague to
the left is, but I'm in a real predicament in a moral sense because we
have been given a task that, when we vote on it, we'r e not allowed to
vote against it.
COMMISSIONER FIALA: Not allowed to what?
COMMISSIONER TAYLOR: We're not allowed to vote
against it.
CHAIRMAN SAUNDERS: I like that. That makes passage a
whole lot more likely.
COMMISSIONER TAYLOR: They basically have said this is
a statute, and you will follow the statute, and you will do as you're
told, and that is the way it's been since last year.
And these meetings are extremely well run by FDOT. I'm
not -- I'm not suggesting that FDOT is doing anything but following
what they're told to do and following the process of what they have
been told to do.
But what is happening is we have heard no build, no build, no
build, because I can tell you in our task force -- and it's in the most
current redline version of the report -- the majority of task force
members, or the feeling is, they don't want it. But we are not
October 13, 2020
Page 137
allowed to say no build. We are only allowed to give consensus.
And I've -- the four points of consensus -- and I think my
colleague to my left can help me -- are the only negative thing we can
say is that we agree not to oppose it.
So, I'm having a huge dilemma here, because I have -- there's
some serious issues with this, but when I signed up for it, I signed up
as a proponent of it and -- but yet everything is pointing to this is just
not the wrong -- the right thing to do.
COMMISSIONER FIALA: Is this where they want to build
the three roads all from the Tampa area down here?
COMMISSIONER TAYLOR: No, ma'am. It's right up in the
middle of the state. It's the Heartland Parkway, and it's a toll road
but it's --
COMMISSIONER McDANIEL: No, it's not the toll road. It
is a toll road, but not the Heartland Parkway.
COMMISSIONER TAYLOR: It's the path --
CHAIRMAN SAUNDERS: Hang on, guys. Let's let
Commissioner Taylor finish, and then, Commissioner McDaniel,
we'll get to your response.
COMMISSIONER TAYLOR: And So, what we've got is on
the statute -- and I'm going to read the statute, this pa rt, and it
says -- the economic feasibility is something that we're now wrestling
with now in the task force. And under 339.1373 -- and forgive me.
It's Line 700, and I hope -- with my attorney friends here, I hope I'm
quoting this correctly.
COMMISSIONER FIALA: Somehow I cannot find it in mine,
So, I'm glad --
COMMISSIONER TAYLOR: No, you can't. This is the
statute. This is the actual statute created in Tallahassee creating
M-CORES. It's the Multiuse Corridors of Regional Economic
Significance Program, and it's the funding, and it says: The
October 13, 2020
Page 138
department shall allocate sufficient funds to implement the Multiuse
Corridors of Regional Economic Significance Program, that is
M-CORES, okay. Develop a plan to expend the revenues as
specified in Statute 338.2278. And prior to its adoption, amend the
current tentative work program for the 2019/2020 through 2023 to
2024 fiscal years to include the program's projects.
In addition, prior to adoption of the work program, the
department shall submit a budget amendment pursuant to Statute
339.137(7) -- I'm sorry, 339.135(7), requesting budget authority
necessary to implement the program as specified in Statutes
338.22 -- .2278. It is also required that when we pass this and when
they identify where the interchanges are supposed to be on this
corridor, that they -- the communities that these interchanges are in
must change their Comprehensive Plans. They don't have a choice.
Now, we were all in the MPO meeting. Ma'am, you weren't
there on Friday. I've got to figure, right now the delta between the
needs and the -- the needs and the fiscally -- what is it, fiscally
feasible.
MR. CASALANGUIDA: Financially feasible plan.
COMMISSIONER TAYLOR: Financially feasible is one -- in
Collier County is one billion dollars. One billion dollars that we
don't -- that we're short. It's in the red.
Now we've got this M-CORES coming through that is
$35 million a year the state legislature has to put aside to make this
road work. They say that the tolls may help pay, and tolls -- there's a
lot of bonding and everything. But all this is happening when we are
now facing an economic downturn because of COVID, and I think,
Deputy Manager Casalanguida, will you please give us the history
what's happened with the interchange.
MR. CASALANGUIDA: Yeah. And I'm -- we helped
worked with -- this item with Commissioner Taylor a little bit
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because it's a little bit of a push-and-pull item.
The only corridor you have in Collier County is State Road 29.
So, realistically, in Collier County, State Road 29 is your M-CORES
project. State Road 29 has already gone through PD&E and is
already partially in the plan. But as Commissioner Taylor pointed
out, it's not in the financially feasible plan, all links of it. So, what
we said in working with her was we agree that you shouldn't be
deferring other critical projects. We have programmatic
interchanges that are working with FDOT. In the next couple weeks
we'll be bringing an item to accelerate the I-75/951 project with
DOT.
So, the resolution or request as written by Commissioner Taylor
is fine because we agree with that. Where staff, I think, disagreed a
little bit, and being fair, you know, we've gotten 1- to 2,000 people
moving in this state. Your I-75 corridor is already going through,
you know, portions of failure. They're widening the interchange, but
that's not going to do any good because your side street can't handle
that.
So, they know State Road 29 in Collier County is better -- the
chosen alignment. Once it veers out of the Collier County, it
changes a little bit. You don't know how they're going to fund this.
Most likely, it will be a toll facility or portions thereof, because
they're going to have to come up with new funding to do this.
So, from a staff perspective, Trinity, myself, Thaddeus, you
need facilities to be programmed. How you fund them at the state
level is up to them. So, long as they don't defer our capital projects
that are promised to us, staff is in support of new roadways that
provide capacity. You know, I think you're in a little bit of -- I don't
want to call it a quandary, but they're asking you to approve
something in other districts that -- with this M-CORES project. But
for you M-CORES is State Road 29.
October 13, 2020
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COMMISSIONER TAYLOR: And the issue also would be
with this -- for Collier County, but not for the -- not for the district,
because we're -- we have Wauchula, we have Hendry, we have --
COMMISSIONER McDANIEL: Glades.
COMMISSIONER TAYLOR: -- Glades, we have Lee sitting
at the table with us. There's 47 --
COMMISSIONER McDANIEL: Charlotte.
COMMISSIONER TAYLOR: What else? Who else?
COMMISSIONER McDANIEL: Charlotte.
COMMISSIONER TAYLOR: Charlotte. So, it's the whole
district. We -- as this portion, the M-CORES was divided into three.
So, this is -- this is our portion. I represent Collier County.
Commissioner McDaniel represents the South Florida Water -- not
South Florida Water -- South Florida Regional Planning Council.
But I guess I've got two things to say. One of the
recommendations is that when these improvements are needed, that
we improve existing roads before we lay new pavement, that we
widen and we make them safe, especially 27, which is very -- going
up through the middle of the state south of Orlando. Those places,
29 could be widened. That's fine. We're in agreement. But to lay
new pavement is a big problem.
So, I guess I'm asking for your support on what's before you, but
I'm also asking -- there are four attorneys sitting here. One, two,
three -- three attorneys. No one else is an attorney. How do
I -- how do I -- how do I face this question about limiting what I have
to vote on? I've been going between saying, okay, I'm not going to
oppose this to saying I'm not going to comment. I don't know what
to do. I'm serious, I don't know what to do.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER TAYLOR: So, I'm going to leave this for
everyone.
October 13, 2020
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CHAIRMAN SAUNDERS: Yeah. Let's do this: We've got
the resolution in support of this that's before us. Commissioner
McDaniel, we'll deal with that. And then in terms of how do you
proceed, you don't have a whole lot of options. You can resign.
But, Commissioner McDaniel.
COMMISSIONER McDANIEL: Thank you, Mr. Chair. I
concur partly with what Commissioner Taylor had to say. This task
force has been -- has been deemed to make guiding principles for a
road facility from Lakeland to I-75 with no line on the map. Now,
think about that.
COMMISSIONER TAYLOR: You asked for that. At the first
meeting you asked for it.
COMMISSIONER McDANIEL: First meeting.
COMMISSIONER TAYLOR: You tell us where you want it to
go.
COMMISSIONER McDANIEL: That's correct. And
So, -- and then with lack of definition, in all sincerity, I know what
no build means, you know what no build means, but the layperson
doesn't necessarily know that no build doesn't mean nothing. It
means certain segments are going to be constructed, certain segments
are going to be tolled, certain priorities are going to be placed. But
the layperson takes no build as what? Zero. So, that's Conundrum
No. 1.
And then you move into these guiding principles and then,
consequently, we were tasked for a year and a half to reach out to the
general public and ask about opinions for this road based upon the
statute's requisites for the priorities of it to be constructed to support
economically deprived -- or deprived communities, enhance negative
impacts that are already existent from certain constructed roads.
You know, I've called State Road 29 the "damn dam" multiple
times because that's what it has become. When 29 was built, they
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dug that canal as a borrow ditch to build the road, and it now funnels
all the water south and out as opposed to over into the panther
preserve and the like.
So, we have had a very, very difficult time for a year and a half
dealing with the general -- misinformed general public about the
understanding of what build/no build means.
It was early on, and Paul --
COMMISSIONER TAYLOR: Audubon.
COMMISSIONER McDANIEL: Yeah, Audubon. I want to
say Paul Hiltz, but it's not Hiltz. Hines. Hines, I think. Anyway,
gentleman from the Audubon Society said it earlier on, and I
concurred with him, the Heartland Expressway isn't going to work.
We have to follow an existing route somewhere, and then take into
account the statutes requisites for assistance for economically
deprived communities as a portion of that along with the
environmental enhancements that can be attributed if, say, in our
world -- and I talk to the DOT regularly. It's fairly well
evident -- and I think you could even concur with this -- 29 is the
only route, if it comes through, that could be utilized for Collier
County.
And So, -- and we all know that there's -- well, I think they
reported last meeting they've already lost nine panthers at the bend
just south of Immokalee. And we've already gone through the
hydrologic issue with regard to the surface flow coming out of the
OK Slough. The folks from the panther preserve had talked to us
about wanting that extra water coming underneath and how we can
enhance the wildlife crossings and the sheet flow and all of the things
that can be done to enhance State Road 29 if, in fact, it becomes a
priority with the department.
Once you get up to LaBelle-ish, it becomes very blurry as to
where that road's going to go, how it's going to get to Lakeland. I
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mean, the plausible path is 29 to 27 and up to Lakeland and/or 17/31,
but the terminus of 31 is State Road 80. And then we run into an
issue with dumping an enormous amount of traffic on the southern
end of I-75 on down through to us, which doesn't effectuate the
premise of the statute.
So, what I would suggest as we go forward is I'm not in
opposition of this process. I'm not in opposition of snatching a new
road down through the middle of farm fields and that sort of thing,
because that's a terrible -- I believe it's a terrible impact on the
environment, and it parcels off land ownership, and it does an
enormous amount of negativity. And compared to if, in fact, this
goes forward, prioritization can come for known deficits that are
existent. Because I think the entire committee can concur that if it's
going to go, it needs to follow an existing road route. It has to stay
on that route. That does mean extra pavement if they were to
four-lane 29, but that also comes with raising, allowing for sheet flow
underneath, wildlife crossings, and all of the enhancements that come
from an environmental perspective. But we're not snatching a
four-lane road like they originally promised or thought about
Heartland Expressway that went right down through the middle of the
state between 27 and 17.
CHAIRMAN SAUNDERS: And I think what I would be
supportive of in terms of a motion or a resolution from the Board is
supporting the M-CORES project as it relates to State Road 29. Can
we limit it to just State Road 29 and not get into the other corridors
that may create problems?
COMMISSIONER McDANIEL: Sure. Candidly,
Commissioner Taylor's ordinance that she's brought forward does
okay. I did speak with the DOT. This isn't prohibitive for what
Collier County has in place or what the DOT has in place. And it is
a halfway to get there; not in opposition of but not in support of either
October 13, 2020
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at the same time. We don't want to -- we don't want to lose the
prioritization of what Collier County already has on its -- on its --
COMMISSIONER TAYLOR: Yeah. It doesn't -- what I'm
saying right now is whatever happens with M-CORES, keep the plan
the way it is and don't supplant it with M-CORES coming in --
COMMISSIONER McDANIEL: For us specifically.
COMMISSIONER TAYLOR: -- despite what the statute says,
and keep the priorities. And it's not a resolution, but I'm certainly
think we could -- I would love a resolution if there was an agreement
to do that.
CHAIRMAN SAUNDERS: Yeah. Well, they want us to
formalize a position, So, generally that would require --
COMMISSIONER TAYLOR: No. I would like you to.
They don't want it. This is --
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER TAYLOR: This is just one commissioner
seeing the handwriting on the wall and looking at the hist ory of
what's going on and understanding that we're one billion between
what we want and what we have money for to understand what's
coming up --
CHAIRMAN SAUNDERS: Could you, then, with the County
Attorney, draft a resolution for our next meeting that i s limited to or
the way you've suggested it?
COMMISSIONER McDANIEL: Aren't we going to -- I didn't
mean to interrupt. But aren't we voting before our next meeting?
COMMISSIONER TAYLOR: Yeah. May -- would you -- if
we are in agreement, would you work with the County Attorney on
that?
CHAIRMAN SAUNDERS: Well, I think -- I can make a
motion. The County Attorney can take that motion and draft
something -- draft a resolution from it. He doesn't have to have the
October 13, 2020
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paper in front of him. But what I was thinking of was a resolution
supporting the M-CORES project in Collier County since that project
will result in improvements to State Road 29 that are much needed
but also with the understanding that we don't take money from other
projects --
COMMISSIONER TAYLOR: In Collier.
CHAIRMAN SAUNDERS: -- in Collier County for that. If
we limit it to State Road 29, I'm totally supportive. I just didn't want
to come out in support of M-CORES globally.
COMMISSIONER McDANIEL: One of the things -- if I may.
One of the things that I did ask for was that if, in fact, the project
goes forward, the process is is the committee's going to make -- the
task force is going to make a report, support, not support, however
we end up voting, then it goes to the Governor and the legislature
who then put the line on the map as to -- and then it comes back to
the local communities once the lines -- and that was one of the things
that I ensured happened, because I don't want to be expressing an
opinion about what transpires in Hendry County. I want the people
in Hendry to be doing that and, vice versa, I don't want some -- I
don't want people coming here and telling us what's best for us.
CHAIRMAN SAUNDERS: So, does the motion that I was
kind of articulating in there, will that cover what we need to do?
COMMISSIONER McDANIEL: Basically, it's Commissioner
Taylor's suggestion, whatever -- the recommendation that is here
does not supplant any of our work, and it supports the work programs
in Collier County. It does globally --
COMMISSIONER TAYLOR: Yeah, because it's been within
the district, right? The money moves through the district.
COMMISSIONER McDANIEL: That's correct.
MR. CASALANGUIDA: They do a state transportation
improvement plan that gets adopted at the state level, and then they
October 13, 2020
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have to amend your LRTP. So, you get a lot of bites at this apple.
LK's comment to me was, you know, State Road 29 is
theoretically the only logical location; however, I have to continue to
look at things. If the Board is concerned about the funding, then
state so, and we'll put that note in there.
Once you start leaving the county and start making comments
about other facilities, you know, we'll take that into consideration, but
as Commissioner McDaniel pointed out, sometimes other
jurisdictions take offense when one county starts telling them what --
COMMISSIONER TAYLOR: Not this one. We already have
commissioners saying, wait a minute, and that was our last meeting.
We don't want money taken from our plan for this roa d.
MR. CASALANGUIDA: I'm talking about the alignment,
ma'am, or the project moving forward, yeah.
COMMISSIONER TAYLOR: Or the alignment. But the
district has a pot of money from which they decide who gets what
within that district.
MR. CASALANGUIDA: Yes.
COMMISSIONER TAYLOR: So, what we -- what we were
saying is we don't want anything in our district, and then I think the
separate issue would be the Immokalee Road because, in theory, they
could say, okay, well, we'll make sure that Immokalee Road or that
State 29 [sic] gets improvements but, oh, by the way, we're going to
wait on that interchange because we're going to use the money up the
road.
MR. CASALANGUIDA: But it always comes back to -- the
good thing is that for them to do that, they have to amend the Long
Range Transportation Plan at your MPO meeting. So, every year
they provide you a State Transportation Improvement Plan where
they amend funding, So, that would have to happen. So, you get to
have that conversation through the MPO process.
October 13, 2020
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CHAIRMAN SAUNDERS: Yeah, unless the legislature takes
that away from us.
MR. CASALANGUIDA: Well, all bets are off, sir.
COMMISSIONER McDANIEL: That takes it all away from us
at the same time, because it's going back to the Governor and
legislature.
CHAIRMAN SAUNDERS: Right. So, that's why I wanted to
limit it just to we support M-CORES in our county because
M-CORES -- as it relates to improvements to State Road 29 and with
the understanding it doesn't take money away from other projects.
COMMISSIONER McDANIEL: I support that motion if it gets
us to where we need to go.
COMMISSIONER FIALA: Let me ask a question.
CHAIRMAN SAUNDERS: Yes, Commissioner Fiala.
COMMISSIONER FIALA: Those of you who have been
involved, what do the ranchers and the farmers believe who they've --
COMMISSIONER McDANIEL: They like it.
COMMISSIONER FIALA: You know, we're the second
largest cattle state in the country, and this is going through some
cattle areas. And what about the farmers? Are they in agreement to
this?
CHAIRMAN SAUNDERS: Commissioner McDaniel.
(Simultaneous crosstalk.)
COMMISSIONER McDANIEL: Yeah. Then Commissioner
Taylor can concur. I mean, as a general rule, everyone on the task
force is in agreement that following an existing road route is the best
path.
COMMISSIONER FIALA: You mean 29?
COMMISSIONER McDANIEL: Twenty-nine and then 27
going on up to Lakeland or 17, 31, coming down to 80. They run
into a terminus there, as I said. But no -- even the farmers, even the
October 13, 2020
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ranchers -- now there are a few ranchers in the middle that would like
to see a road snatched right up through their property, but that's not --
COMMISSIONER TAYLOR: And have the interchange right
there.
COMMISSIONER McDANIEL: Right. But that's not -- that's
evidently -- that's not going to occur. There is So, much -- there is
an -- I say "So, much." There is an enormous amount of
improvement. We've already learned about the degradation that has
transpired because of the construction of some of the roads that we
have. 29's a perfect example. And enhancements that could come
both hydrologically, environmentally, habitat, everything across the
board, so...
That's -- that's as close as we can get right now given the
handcuffs that we've had by the statute and what the committee can,
in fact, vote on or against.
But, Commissioner Saunders, you surmised or summarized a
position that I could accept going forward from this board, you know.
And, Commissioner Taylor, you have to flip your coin as to whether
or not you're going to come with the task force or what you're going
to do in that regard. But as a board, you know, we should, I think,
stay locally here with our own county, because who knows best.
CHAIRMAN SAUNDERS: Do we have some public
comment?
MR. MILLER: Sir, I have one registered speaker online. Are
you ready for her?
CHAIRMAN SAUNDERS: Yeah. Let's go ahead and hear.
MR. MILLER: Our only registered speaker for this item is
Meredith Budd.
Meredith, if you're with us, you'll have three minutes. Are you
here?
MS. BUDD: I am. Are you able to hear me?
October 13, 2020
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MR. MILLER: Yes, ma'am. Please begin.
MS. BUDD: Great. Thank you. Meredith Budd on behalf of
the Florida Wildlife Federation.
The Federation has been and remains opposed to M-CORES as a
whole. Roads are one of the leading causes of death for the
endangered Florida panther, and adding 130 miles of roads through
the remaining habitat not only puts Florida panthers at a greater risk
of being hit and killed, but it will undoubtedly undermine the decades
of conservation work that has been put forth in recovering the
species.
M-CORES was introduced by lawmakers. It was not included
in any of the major FDOT transportation plans. This is a backwards
process and an inappropriate way to approach transportation
planning.
There are infrastructure needs on existing roads across the state,
including SR29 that have plans in place and have been long included
in those plans. These actual needs are being sidelined for roads that
have not been identified by transportation planners.
Florida has already more toll roads than any other state, and
several of these existing roads, toll roads, do not actually attract
sufficient numbers to support the economic impact. There's no
evidence to support that these proposed roads will be any more
economically viable. They will cause irreparable damage to
Florida's natural resources and inhibit much needed water-quality
improvements.
Roads are dams. They completely alter hydrology. The state
has finally begun to prioritize water-quality needs. In fact, the
Picayune Strand restoration, part of the comprehensive Everglades
restoration project right here in Collier County, is spending billions
of taxpayer dollars to remove roads in order to restore historic flow.
These new toll roads are counterintuitive to the state's long -term
October 13, 2020
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investments in restoring water quality.
M-CORES is prioritizing the wants of lawmakers over the
conservation of Florida's most valuable natural resources. There is
always a no build option as part of the project development and
environmental studies that will be required for each road segment.
SR29 improvements, since they are already in FDOT's planning
processes, will move forward with or without M-CORES.
I urge you to reject any recommendation to support M -CORES'
initiative but rather focus on supporting the current and justified
studied projects that FDOT has in their plans for SR29 that will
impact Collier County. I serve on that EAG for 29 for one of the
important segments. Moving forward currently, there are current
plans. M-CORES is not needed for these improvements to move
forward.
Thank you for your time, and thank you for allowing me to
present comments.
CHAIRMAN SAUNDERS: Thank you.
Commissioner Taylor, I have no problem in not making any
motion at all, but if we need to do something, then I would make it
limited to the way I described it. So, do you want us -- do you want
some official motion from this board?
COMMISSIONER TAYLOR: I think the motion would be as
it's written here, that -- where M-CORES will bring long planned and
much needed improvements to SR29, it shouldn 't be the expense of
other previously planned transportation.
CHAIRMAN SAUNDERS: Okay. So, --
COMMISSIONER TAYLOR: So, just the wording in there, I
think, is as far as we can get, yeah.
CHAIRMAN SAUNDERS: I will support a motion to support
the M-CORES Collier County project that will result in
improvements to State Road 29 as long as it does not supplant other
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Page 151
needs. That way we're not talking about any other roads. We're not
talking about any other alignments. We're talking about an
alignment that already exists that needs to be improved anyway.
So, if that is satisfactory with you, I'll make that motion.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: That seems to work.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SAUNDERS: All right. Is there a second?
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. The County Attorney can draft up the resolution, put all
the fancy whereases and therefores and be it resolved whatevers in
there, but that will be the substanc e of it. Any further discussion?
COMMISSIONER FIALA: Are we then going against what
the state legislature --
CHAIRMAN SAUNDERS: No, but we're not supporting
tearing up farmlands and all in other communities.
COMMISSIONER FIALA: Good. Can they just override us?
COMMISSIONER TAYLOR: They already have.
CHAIRMAN SAUNDERS: Absolutely. This resolution will
mean nothing to the legislature. So, I mean, it's -- they're going to
do what they're going to do.
COMMISSIONER McDANIEL: It's -- and I don't mean to
interrupt --
COMMISSIONER FIALA: What if we don't have the billion
dollars?
COMMISSIONER McDANIEL: We've spent a year and a half
of our life on this task force, and we will get overrun the minute it
gets sent to the Governor and the legislature. So, this is a nice thing
for us to do, and it sets priorities for our community and how this
board currently feels.
October 13, 2020
Page 152
COMMISSIONER TAYLOR: Yeah, we need that.
COMMISSIONER McDANIEL: But it's already heading down
a path.
COMMISSIONER FIALA: Okay. So, in this demand from
them, they're also saying we have to come up with a billion dollars?
COMMISSIONER McDANIEL: No. No, no.
CHAIRMAN SAUNDERS: They can't do that. That's one
thing they can't do.
COMMISSIONER FIALA: Okay.
CHAIRMAN SAUNDERS: Mr. Klatzkow, do you need
anything else from us in reference to the resolution?
MR. KLATZKOW: No, sir.
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. 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: That passes unanimously. All
right.
Item #15
STAFF AND COMMISION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chairman, that moves us to Item 15, staff and
Commission general communications. I have one -- one item.
October 13, 2020
Page 153
The Commission was -- I received a letter from Carson Turner.
He's the chair of the county's Coalition for Responsible Management
of Lake Okeechobee. The Coalition is having a meeting on
October 30th and has invited one of the Board members, if they have
an interest, to attend. So, if any one of you have an interest in
attending this, if you'd just let me know, and we'll work with you on
the arrangements.
COMMISSIONER McDANIEL: Do you want to go?
COMMISSIONER TAYLOR: (Nods head.)
MR. OCHS: Yeah. We'll be sending a member of the staff as
well.
COMMISSIONER McDANIEL: I nominate Commissioner
Taylor.
CHAIRMAN SAUNDERS: I'll second that.
COMMISSIONER TAYLOR: That kind of works with my --
MR. OCHS: Water-quality role.
COMMISSIONER TAYLOR: Yeah, water quality.
MR. OCHS: Very good. We'll work with Commissioner
Taylor.
That's all I had this afternoon, sir.
CHAIRMAN SAUNDERS: All right. Commissioner
McDaniel, do you have anything else?
COMMISSIONER McDANIEL: Yeah. I only have -- I have
one little note here, and I haven't seen any or had any communication
about it. But I would like for us to, as a board or policy, work
towards greater communication with our utility companies.
There's -- I've had -- I've had some very, very shocking experience
occur in Eastern Collier County.
COMMISSIONER TAYLOR: No pun intended.
COMMISSIONER McDANIEL: Literally, by FP&L. Thank
you for getting that, by the way.
October 13, 2020
Page 154
But the -- they built a -- FP&L built a transfer plant at 47th and
Immokalee Road and then snatch those high-tension power poles that
are -- three of us holding hands can't reach the base of, and put it
right down through the front of people's houses. And when I saw it
going -- I saw it being built, and I called our Deputy County
Manager, and I was like, what's that? And he blamed the school
district at first, and then I talked to Dr. Patton and, no, it wasn't them,
and then we did some searching and found out that it was FP&L.
And So, I know that the utility easements are open, but
the -- and I know we have to be careful about too much public
involvement, but on the same token, notice is requisite when you
have that kind of circumstance going on. It was two miles of
people's houses, and they're snatching those high-tension powers
right down through their house -- right down their street with no
communication whatsoever.
COMMISSIONER FIALA: Wow.
COMMISSIONER McDANIEL: And so, I think maybe, if
staff would -- if we as a board could make some suggestion to reach
out to all of the utility companies. Lee Co-op, FP&L. We all know
TECO just brought in gas lines from Fort Myers in through
Immokalee, So, natural gas is coming at us on a regular basis as well,
and we could get that communication out as to what their capital
projects are, when they're coming, So, that we could at least let
people know. It would -- I think it would -- I think it would behoove
us all, especially because natural gas is coming to the urban area. It's
coming down Immokalee Road and through Golden Gate Estates, and
it ultimately is coming in, so...
COMMISSIONER FIALA: And I always thought all utilities
would have to advise you first before they came into your
neighborhood. I didn't realize they just tear everything apart, and
you have no say what whoever.
October 13, 2020
Page 155
COMMISSIONER McDANIEL: I do want to recommend also
that we do hire those contractors that put in the TECO lines to do all
of our drainage and ditches, because they do -- they did an amazing
job. It was slick and better than it was when they got there.
So, other than that, I have nothing else, Mr. Chair.
CHAIRMAN SAUNDERS: Commissioner Taylor?
COMMISSIONER TAYLOR: I just wanted to, again,
compliment Growth Management and the flood folks for what they're
doing on Goodlette. It really, really is looking very great. Hard
job, a lot of changes, but -- getting compliments from the folks there.
So, thank you.
And on a very personal experience with neighbors.
Commissioner Solis, maybe you know about this, because it has to do
with mental health. There's some law in -- I don't know if it's state
law or national law that basically requires when someone has some
mental challenges, is incarcerated for -- for that, maybe trespassing or
disturbing the peace, they can't be held any more than eight days, and
then they're allowed to be free again. And it's something that I think
that maybe you and your committee could look at, because I know I
spoke -- actually, we elevated it to the state attorney. It's a local
issue that happened. And --
COMMISSIONER SOLIS: Can I understand the facts a little
better? What exactly happened? They were -- someone was
arrested for trespassing?
COMMISSIONER TAYLOR: For disturbing the peace, let's
put it that way. It was something that didn't involve violence or
anything like that. Trespassing. But they could only hold
past -- eight days. They couldn't hold it any longer than that.
COMMISSIONER SOLIS: And it was eight days, not 72
hours. I mean, the Baker Act --
COMMISSIONER TAYLOR: No. It was -- there's an
October 13, 2020
Page 156
eight-day rule. It wasn't Baker Acted. It was an eight-day rule.
Anyway, I'm going to turn it over to your capable hands.
COMMISSIONER SOLIS: I'll look into that. I hadn't heard
of that. You know, most of the times -- the way people with mental
health issues end up in the jail is because they get trespassed or
they -- you know, disorderly conduct or something like that, yeah.
I'll take a look.
CHAIRMAN SAUNDERS: Commissioner Taylor, anything
else?
COMMISSIONER TAYLOR: That's it. Thank you.
CHAIRMAN SAUNDERS: That's it.
Commissioner Solis, do you have anything for the good of the
order?
COMMISSIONER SOLIS: I would like to commend Nick and
Sean and the County Manager on the Uline negotiations. That was a
really -- a job well done, and I think that's going to work out for
everyone's benefit.
And also we had a -- we had a -- a public hearing today on a
matter that went through the Planning Commission where the
Planning Commission had recommended denial with -- because of
certain issues, and the developer came back and said, we'll do all
those, right? I mean, that's how it came to us. It didn't go back to
the Planning Commission, but they agreed to address everything that
the Planning Commission wanted and that the denial was based upon.
And, you know, that -- that, I think, is an indication that this process
well works, right? I mean, it ended up containing the things that the
Planning Commission wanted.
So, I just -- I thought that was a great result for the county
because that's the way the process is supposed to work, and that
zoning petition ended up satisfying everything that the Planning
Commission wanted. And I think -- I just wanted to point that out
October 13, 2020
Page 157
that that was a -- I think that's the way the process is supposed to
work, and it's a good process.
COMMISSIONER McDANIEL: You were talking about the
Orange Blossom?
COMMISSIONER SOLIS: Yeah.
COMMISSIONER McDANIEL: That one there, yes. I
did -- by the way, I did speak to the president of that homeowners
association over the lunch break. I'm going to meet with her -- just
to let you know -- and I'm going to meet with her and be able to come
back, so...
CHAIRMAN SAUNDERS: All right. Commissioner Fiala?
COMMISSIONER FIALA: I have nothing to say.
CHAIRMAN SAUNDERS: All right. I have a couple things,
but I'll ask, Ms. Kinzel, do you have anything?
MS. KINZEL: No. Thank you.
CHAIRMAN SAUNDERS: And, Mr. Klatzkow, I assume you
don't have anything.
(No response.)
CHAIRMAN SAUNDERS: I've got a couple quick things.
Mr. Ochs, the veterans facility off of Pine Ridge Road, they
had -- they've had some COVID-related expenses, and I think they're
going to be making some application. I don't know if anybody's
reached out to them. J.B. Holmes, I think, is the gentleman that's
spearheading that. So, if you could just make a note to check on
that.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: And then, as you know, we've
continued the Golden Gate Golf Course. The negotiations haven't
been quite as smooth on that issue as they've been with Uline. We
all know that the ClubCorp came back and asked the county to put
$7 million into the golf course. That's a nonstarter, obviously. And
October 13, 2020
Page 158
staff is going back to talk to them to see if there's some way to
resolve or save that project. But I wanted everybody to know that
we're trying to -- trying to get something going that makes some
sense. That particular one did not make any sense, but they'll be
coming back with something in two weeks or at the next meeting.
All right.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Just on that subject
matter, I was -- I was a little -- I certainly understood why the item
got continued because of the nonstarter. But I was wondering if
maybe -- we could maybe at least have a discussion, because one of
my suggestions was to reach back out to the folks at First Tee, give
consideration -- because the negotiations are taking considerably
longer than any of us ever contemplated, and see if maybe there's a
way we could at least -- because we know that we've gone into an
agreement with the Schulze Foundation for the housing and such, but
maybe an interim municipal course even of nine holes could be
accommodated there and benefit the First Tee.
I was going to make that suggestion today, especially with the
advent of this new request from BigShots that we at least give
consideration to that interimly until --
CHAIRMAN SAUNDERS: I'm going to suggest that we don't
make any changes in terms of how we approach this until we see how
this negotiation works out. I will tell you that First Tee -- if this
negotiation works out with ClubCorp and we have the 12-hole golf
course there, First Tee will have priorities and will have meeting
rooms, and they're going to be well taken care of in that.
So, let's see how it all plays out. We'll know in a couple weeks.
If it doesn't work, then at that point we start over.
COMMISSIONER McDANIEL: Okay. Perfect.
CHAIRMAN SAUNDERS: All right. I don't have anything
October 13, 2020
Page 159
else. If there's nothing else, thank you, and we are adjourned.
*****
**** Commissioner Fiala moved, seconded by Commissioner
McDaniels and carried that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
RECORDING THE MINOR FINAL PLAT OF CITY GATE
COMMERCE PARK PHASE THREE REPLAT NO. 3,
APPLICATION NUMBER PL2020001299 – LOCATED IN
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST
Item #16A2
RECORDING THE MINOR FINAL PLAT OF TOLLGATE
COMMERCIAL CENTER REPLAT, APPLICATION NUMBER
PL20200001173 – LOCATED IN SECTION 35, TOWNSHIP 49
SOUTH, RANGE 26 EAST
Item #16A3
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 9A,
PL20190000876 AND 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 –
October 13, 2020
Page 160
STAFF CONDUCTED A FINAL INSPECTION ON AUAUST 18,
2020 AND FOUND THE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE
Item #16A4
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 10F,
PL20190000771 AND 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 –
STAFF CONDUCTED A FINAL INSPECTION ON AUAUST 18,
2020 AND FOUND THE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE
Item #16A5
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 12A,
PL20190001260 AND 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 –
STAFF CONDUCTED A FINAL INSPECTION ON AUAUST 18,
2020 AND FOUND THE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE
Item #16A6
October 13, 2020
Page 161
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 12B,
PL20190001310 AND 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 –
STAFF CONDUCTED A FINAL INSPECTION ON AUAUST 18,
2020 AND FOUND THE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR NAPLES HERITAGE
CLUBHOUSE, [PL20200001499] – STAFF CONDUCTED A
FINAL INSPECTION ON AUGUST 25, 2020 AND FOUND THE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A8
FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY
FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER UTILITY FACILITIES
FOR THE VANDERBILT CC GOLF MAINTENANCE
IMPROVEMENTS, [PL20200001266] – STAFF CONDUCTED A
FINAL INSPECTION ON AUGUST 20, 2020 AND FOUND THE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A9
October 13, 2020
Page 162
RESOLUTION 2020-176: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF WINDING
CYPRESS PHASE 2C, APPLICATION NUMBER PL20150002037;
AND AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A10
RESOLUTION 2020-177: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF HADLEY
PLACE WEST, APPLICATION NUMBER PL20160002629; AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A11
THE FISCAL YEAR 2020/2021 CAPITAL IMPROVEMENT
PLAN OF THE BIG CYPRESS BASIN, A PART OF THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD)
Item #16A12
AWARD INVITATION TO BID (“ITB”) NO. 20-7740
“STORMWATER DEBRIS COLLECTOR UNIT CLEANING
SERVICES” TO SHENANDOAH GENERAL CONSTRUCTION,
LLC., AS THE PRIMARY VENDOR, AND EARTH VIEW, LLC.,
AS THE SECONDARY VENDOR, AND AUTHORIZE THE
October 13, 2020
Page 163
CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS
Item #16A13
AWARD INVITATION TO BID (“ITB”) NO. 20-7781 “MOWING
SERVICES” TO PRIMARY, SECONDARY, AND TERTIARY
VENDORS, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENTS
Item #16A14
THE SALE OF SHELL MATERIAL PERTAINING TO
INVITATION TO BID ("ITB") NO. 19-7655-SS - SALE OF
SURPLUS MATERIAL - SHELL/DREDGE SPOILS FROM
BEACH RENOURISHMENT/DREDGE OPERATIONS TO
EARTH TECH ENTERPRISES, INC., IN THE BID AMOUNT
$1.00/CY FOR THE MATERIAL PLUS $2.25/CY FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
SEVERANCE FEE, FOR A TOTAL BID OF $3.25/CY, OR A
TOTAL AMOUNT (BASED ON 4,000 CY) OF $13,000, AS PER
THE TERMS AND CONDITIONS OF THE ITB – FROM THE
COLLIER COUNTY 951 BARGE SITE LOCATION
Item #16A15
RELEASE OF TWO CODE ENFORCEMENT LIENS, WITH AN
ACCRUED VALUE OF $744,400 FOR PAYMENT OF $450 IN
THE CODE ENFORCEMENT ACTION TITLED, BOARD OF
COUNTY COMMISSIONERS V. CRAIG MORRIS, RELATED TO
PROPERTY LOCATED AT 5845 PAINTED LEAF LANE,
COLLIER COUNTY, FLORIDA – FOR VIOLATIONS
October 13, 2020
Page 164
CONSISTING OF A DWELLING WITH A MISSING ROOF,
WINDOWS, DOORS AND DAMAGED INTERIOR AND
EXTERIOR WALLS AND ALSO THE CONSTRUCTION OF AN
UNPERMITTED GARAGE/CARPORT WHICH WERE ALL
BROUGHT INTO COMPLIANCE BY THE CURRENT OWNER
Item #16A16
CHAIRMAN TO EXECUTE A WORK ORDER WITH TAYLOR
ENGINEERING, INC., TO PROVIDE PROFESSIONAL
SURVEYING SERVICES FOR NAPLES BEACH
RENOURISHMENT FROM JUST SOUTH OF DOCTORS PASS
TO FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) REFERENCE MONUMENT R-60 UNDER
CONTRACT NO. 18-7432-CZ FOR TIME AND MATERIAL NOT
TO EXCEED $70,844 AND MAKE A FINDING THAT THIS
ITEM PROMOTES TOURISM
Item #16A17
RESOLUTION 2020-178: A TRANSPORTATION POST PROJECT
MAINTENANCE AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION (F.D.O.T.) AND
COLLIER COUNTY FOR THE MAINTENANCE OF THE
REALIGNED COCOHATCHEE CANAL AND AUTHORIZE THE
CHAIRMAN TO SIGN THE RESOLUTION AND EXECUTE THE
AGREEMENT
Item #16A18
AN AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-
October 13, 2020
Page 165
OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL
110RDUE) REQUIRED FOR CONSTRUCTION OF ROADWAY
AND RELATED IMPROVEMENTS FOR THE WHIPPOORWILL
LANE AND MARBELLA LAKES DRIVE CONNECTION
(PROJECT NO. 60219) – LOCATED AT THE CORNER OF
WHIPPOORWILL LANE AND NIGHTHAWK DRIVE
Item #16A19
RESOLUTION 2020-179: AMEND EXHIBIT “A” TO
RESOLUTION NO. 2013-239, AS AMENDED, THE LIST OF
SPEED LIMITS ON COUNTY MAINTAINED ROADS, TO
REVISE SCRIVENERS’ ERRORS THAT WERE FOUND ON THE
LIST
Item #16A20
AWARD AN AGREEMENT FOR INVITATION TO BID (“ITB”)
NO. 20-7742, “PAN TILT ZOOM (“PTZ”) CAMERAS,” TO
CONTROL TECHNOLOGIES, INC., AND TO ACKNOWLEDGE
A TIME EXTENSION TO A LOCAL AGENCY PROGRAM
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (F.D.O.T.) FOR EQUIPMENT PURCHASES
OF ARTERIAL MONITORING CAMERAS (FPN #433180-1-98-
01)
Item #16A21
RESOLUTION 2020-180: A RESOLUTION AUTHORIZING THE
CONVEYANCE OF A PARCEL OF LAND (PARCEL 358FDOT)
SITUATED ON THE WEST SIDE OF SR 951 AT ITS
October 13, 2020
Page 166
INTERSECTION WITH MANATEE ROAD TO THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION
Item #16A22
A FLORIDA DEPARTMENT OF TRANSPORTATION (F.D.O.T.)
BEAUTIFICATION GRANT, LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT WITH F.D.O.T. IN WHICH
COLLIER COUNTY WILL BE REIMBURSED UP TO $103,522
FOR MEDIAN IRRIGATION AND LANDSCAPING
IMPROVEMENTS TO EXISTING LANDSCAPED MEDIANS ON
US 41 NORTH (STATE ROAD 45/STATE ROAD 90, GULF
PARK DRIVE TO VANDERBILT BEACH ROAD), AUTHORIZE
THE CHAIRMAN TO SIGN AND EXECUTE THE AGREEMENT,
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS
AND ALLOW PROJECT ACTIVITY
Item #16A23
A FLORIDA DEPARTMENT OF TRANSPORTATION (F.D.O.T.)
BEAUTIFICATION GRANT, LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT WITH F.D.O.T. IN WHICH
COLLIER COUNTY WILL BE REIMBURSED UP TO $78,631
FOR MEDIAN IRRIGATION AND LANDSCAPING
IMPROVEMENTS TO EXISTING LANDSCAPED MEDIANS ON
US 41 NORTH (STATE ROAD 45/STATE ROAD 90, PINE RIDGE
ROAD TO GULF PARK DRIVE), AUTHORIZE THE CHAIRMAN
TO SIGN AND EXECUTE THE AGREEMENT, AUTHORIZE
THE NECESSARY BUDGET AMENDMENTS AND ALLOW
PROJECT ACTIVITY
October 13, 2020
Page 167
Item #16A24
MODIFICATION TO SUBGRANT AGREEMENT NO. H0309
WITH THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT TO EXTEND THE AGREEMENT TO
OCTOBER 31, 2021, FOR THE SOLANA ROAD DRAINAGE
PROJECT (#60102)
Item #16A25
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
$342,428.66 (PROJECTS #60066, #60085, #60088, #69333,
#693363, AND #69338)
Item #16A26 – Continued to the October 27, 2020 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO ACCEPT THE SUB-AWARD AND
GRANT AGREEMENT WITH THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT (FDEM) FOR FUNDING IN THE
AMOUNT OF $60,000 UNDER THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) HAZARD MITIGATION
GRANT PROGRAM FOR THE DESIGN OF THE BIG CYPRESS
GOLF AND COUNTRY CLUB DRAINAGE IMPROVEMENTS
AND AUTHORIZE NECESSARY BUDGET AMENDMENTS
Item #16A27
October 13, 2020
Page 168
THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE
STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH
CAPITAL CONSULTING SOLUTIONS, LLC, FOR REQUEST
FOR PROFESSIONAL SERVICES (“RPS”) NO. 20-7795R,
DESIGN CRITERIA FOR TIGER IX GRANT PROJECT,
(IMMOKALEE COMPLETE STREETS)
Item #16B1
AWARD INVITATION TO BID (“ITB”) NO. 20-7773,
BAYSHORE CRA COMMUNITY PARKING LOT, LOCATED AT
COCO AVE & BAYSHORE DRIVE, TO FORT CONSTRUCTION
GROUP OF NAPLES, INC., FOR A TOTAL CONTRACT
AMOUNT OF $472,772.25, AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED AGREEMENT
Item #16C1
AWARD INVITATION TO BID (“ITB”) NO. 20-7744, “PEST
CONTROL – COUNTY FACILITIES,” TO HULETT
ENVIRONMENTAL SERVICES, INC., AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT
Item #16C2
AN EASEMENT TO LEE COUNTY ELECTRIC COOPERATIVE,
INC., FOR INSTALLATION OF ELECTRIC FACILITIES TO
SERVICE THE MULTI-PURPOSE PUBLIC SAFETY FACILITY
ON COUNTY-OWNED PROPERTY LOCATED WITHIN THE
TOWN OF AVE MARIA – WHICH WILL HOUSE THE
IMMOKALEE FIRE STATION #32, SHERIFF’S OFFICE AND
October 13, 2020
Page 169
COUNTY EMERGENCY MEDICAL SERVICES
Item #16C3
THE EASEMENT AGREEMENT WITH 1196 PARKWAY, LLC, A
FLORIDA LIMITED LIABILITY COMPANY, AT A COST NOT
TO EXCEED $1,300 FOR THE ACQUISITION OF A UTILITY
EASEMENT FOR PROPOSED WATER AND WASTEWATER
INFRASTRUCTURE IMPROVEMENTS, (PROJECT NUMBER
70046) – P.S. 308.08 IN BASIN 305
Item #16C4
AWARD EBL PARTNERS LLC, UNDER AGREEMENT #19-
7525, IN THE AMOUNT OF $499,779.15 ON A PURCHASE
ORDER TO PROVIDE THE LABOR, MATERIAL AND
EQUIPMENT TO MODIFY THE EXISTING ELECTRICAL
SWITCHGEAR IN THE J1 ELECTRIC ROOM, SO, THAT A TRI
STAR DOCKING STATION CAN BE INSTALLED THAT WILL
ENABLE THE J1 - J2 JAIL FACILITIES TO BE CONNECTED TO
A PORTABLE GENERATOR AS BACKUP IN THE EVENT OF
AN EMERGENCY
Item #16C5
RESOLUTION 2020-181: A UTILITY WORK AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR THE RELOCATION OF EXISTING COLLIER COUNTY
WATER-SEWER DISTRICT (“CCWSD”) UTILITIES PRIOR TO
CONSTRUCTION OF FDOT’S INTERSTATE 75 (I-75) AT
STATE ROAD 951 (SR 951), INTERCHANGE PROJECT, ALONG
October 13, 2020
Page 170
WITH THE ATTACHED RESOLUTION MEMORIALIZING THE
BOARD’S APPROVAL AND AUTHORIZING THE CHAIRMAN
TO SIGN THE AGREEMENT
Item #16D1
THE FY20-21 CONTRACT WITH THE STATE OF FLORIDA
DEPARTMENT OF HEALTH FOR THE OPERATION OF THE
COLLIER COUNTY HEALTH DEPARTMENT IN THE AMOUNT
OF $1,491,500 – EFFECTIVE OCTOBER 1, 2020 THROUGH
SEPTEMBER 30, 2021
Item #16D2
SUBMITTAL OF A CONVERSION OF USE APPLICATION TO
THE LAND AND WATER CONSERVATION FUND STATE
ASSISTANCE PROGRAM PURSUANT TO BUILDING A
COMMUNITY CENTER AT CAXAMBAS PARK
Item #16D3
THE CHAIRMAN TO SIGN THE FY20-21 FEDERAL TRANSIT
ADMINISTRATION (FTA) SECTION 5310 GRANT AWARD
CONTRACT FOR THE COLLIER AREA TRANSIT (CAT)
SYSTEM AND THE TRANSPORTATION DISADVANTAGED
PROGRAM IN THE AMOUNT OF $517,656, AUTHORIZE THE
NECESSARY BUDGET AMENDMENT, AND AUTHORIZE THE
COUNTY MANAGER OR DESIGNEE TO EXECUTE ANY AND
ALL DOCUMENTS NECESSARY TO RECEIVE THE AWARD
AND EXECUTE ALL PAY REQUESTS
October 13, 2020
Page 171
Item #16D4
THE ELECTRONIC SUBMITTAL OF THE 2019/2020 FEDERAL
HIGHWAY ADMINISTRATION FLEXIBLE FUNDS GRANT
AWARD (SECTION 5307) IN THE AMOUNT OF $500,000 IN
THE TRANSIT AWARD MANAGEMENT SYSTEM FOR THE
PURCHASE OF A THIRTY-FOOT (30 FT.) FIXED-ROUTE BUS
AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT
Item #16D5
THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE
STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH
THE A2 GROUP, INC., RELATED TO INVITATION FOR
QUALIFICATION ("IFQ") NO. 20-7801, “CONSTRUCTION
MANAGER AT RISK FOR SUN-N-FUN WATER PARK
REHABILITATION AND RESTORATION”
Item #16D6
THE “AFTER-THE-FACT” SUBMITTAL OF THE FY20-21
STATE AID TO LIBRARIES GRANT AND AUTHORIZE THE
CHAIRMAN TO SIGN THE GRANT AGREEMENT #21-ST-08
REQUIRED FOR THE SUBMISSION OF THE GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF STATE,
DIVISION OF LIBRARY AND INFORMATION SERVICES FOR
FUNDING IN THE ESTIMATED AMOUNT OF $157,981 AND
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO
SIGN ALL CERTIFICATIONS
Item #16D7
October 13, 2020
Page 172
AMEND CONTRACT NO. 18-7382 - PROFESSIONAL SERVICES
AGREEMENT FOR COLLIER AREA TRANSIT FIXED ROUTE,
DEMAND RESPONSE, AND TRANSIT OPERATIONS
MANAGEMENT SERVICES WITH MV CONTRACT
TRANSPORTATION, INC., TO ALLOW FOR A TEMPORARY
TRIP RATE INCREASE FOR PARATRANSIT SERVICE IN
RESPONSE TO THE COVID-19 PANDEMIC - AMENDMENT #2
Item #16D8
THE FOURTH AMENDMENT TO AGREEMENT NO. 19-002-WV
BETWEEN COLLIER COUNTY AND BENEVATE, INC., FOR
GRANT MANAGEMENT SOFTWARE AND AUTHORIZE THE
CHAIRMAN TO SIGN THE AMENDMENT
Item #16E1
BUDGET AMENDMENTS APPROPRIATING CARRY
FORWARD BUDGET IN THE AMOUNT OF $8,235,539.88 FOR
APPROVED OPEN PURCHASE ORDERS INTO FISCAL YEAR
2021
Item #16E2
CONTINUATION WITH SAP AS THE COUNTY’S FINANCIAL
SYSTEM AND AUTHORIZE STAFF TO RELEASE A REQUEST
FOR PROPOSALS FOR A REQUIRED UPGRADE
Item #16E3
DONATE A SURPLUS VEHICLE TO EVERGLADES CITY AND
October 13, 2020
Page 173
AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE
FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF
VEHICLE TITLE
Item #16E4
THE ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT – THESE DISPOSED ASSEST HAD A VALUE
OF $237,328.42
Item #16E5
THE ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL – WITH THE NET TOTAL OF $36,670.63
Item #16F1
CHAIRMAN TO EXECUTE THE TOURIST DEVELOPMENT
TAX GRANT AGREEMENTS FOR FY21 MARKETING &
EVENTS ($65,000) AND NON-COUNTY OWNED/OPERATED
MUSEUMS ($250,000) AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM – FOR ARTIS-NAPLES,
GULFSHORE OPERA, NAPLES BOTANICAL GARDEN,
GOLISANO CHILDREN’S MUSEUM OF NAPLES AND NAPLES
ZOO
Item #16F2
October 13, 2020
Page 174
THE FISCAL YEAR 20-21 STRATEGIC MARKETING PLAN
FOR THE NAPLES, MARCO ISLAND, EVERGLADES
CONVENTION & VISITORS BUREAU (CVB) AND MAKE A
FINDING THAT THIS PLAN PROMOTES TOURISM
Item #16F3
TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO
SUPPORT THE UPCOMING NOVEMBER 2020 SPORTS
TOURISM EVENTS UP TO $23,250 AND MAKE A FINDING
THAT THESE EXPENDITURES PROMOTE TOURISM – FOR
THE ALLIGATOR ALLEY FALL BASEBALL CLASSIC,
PARADISE COAST SOFTBALL COLLEGE SHOWCASE AND
THE TRUE LACROSSE WORLD CUP CHAMPIONSHIPS
Item #16F4
TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO
SUPPORT THE UPCOMING NOVEMBER 2020 SPORTS
TOURISM EVENT UP TO $7,000 AND MAKE A FINDING THAT
THIS EXPENDITURE PROMOTE TOURISM – FOR THE
NAPLES INVITATIONAL
Item #16F5
DISTINGUISHED BUDGET PRESENTATION AWARD FOR
FISCAL YEAR 2020 FROM THE GOVERNMENT FINANCE
OFFICERS ASSOCIATION (GFOA) PRESENTED TO THE
OFFICE OF MANAGEMENT AND BUDGET. TO BE ACCEPTED
BY MARK ISACKSON, DIRECTOR OF CORPORATE
October 13, 2020
Page 175
FINANCIAL PLANNING AND MANAGEMENT SERVICES
Item #16F6
RESOLUTION 2020-182: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2020-21 ADOPTED BUDGET
Item #16F7
CLARIFICATIONS TO THE CORONAVIRUS RELIEF FUND
PROGRAMS IN PREPARATION FOR THE RE-OPENING OF
THE COLLIER CARES COMMUNITY HEALTH & SERVICES,
SMALL BUSINESS RELAUNCH AND REHIRE, AND
INDIVIDUAL ASSISTANCE PORTALS
Item #16F8 – Continued to the October 27, 2020 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE AN AGREEMENT WITH
THE UNITED ARTS COUNCIL OF COLLIER COUNTY IN
SUPPORT OF ACHIEVING THE STRATEGIES OUTLINED IN
THE BOARD ADOPTED COLLIER COUNTY ARTS &
CULTURE STRATEGIC PLAN; APPROVE A WAIVER FROM
THE COMPETITIVE PROCUREMENT PROCESS FOR THE
UNITED ARTS COUNCIL AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM
Item #16G1
October 13, 2020
Page 176
OWNER DIRECTED CHANGE ORDER #4 TO AGREEMENT
NO. 18-7240, “MARCO EXECUTIVE AIRPORT NEW
TERMINAL & ASSOCIATED IMPROVEMENTS,” WITH WEST
CONSTRUCTION, INC., IN THE AMOUNT OF $10,579.49
Item #16G2
ATTACHED FIRST AMENDMENT TO COLLIER COUNTY
AIRPORT AUTHORITY STANDARD FORM LEASE
AGREEMENT WITH WHOLESALE SHUTTERS OF SOUTH
WEST FLORIDA, INC., TO EXTEND THE LEASE TERM FIVE
YEARS TO OCTOBER 31, 2025
Item #16H1
PROCLAMATION DESIGNATING OCTOBER 2020 AS SAFE
INFANT SLEEP MONTH IN COLLIER COUNTY. THE
PROCLAMATION WILL BE MAILED TO DANNA BREEDEN,
R.N., MATERNAL AND CHILD NURSE CONSULTANT,
FLORIDA DEPARTMENT OF HEALTH - COLLIER COUNTY –
ADOPTED
Item #16H2
PROCLAMATION DESIGNATING OCTOBER 2020 AS
DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER
COUNTY. THE PROCLAMATION WILL BE MAILED TO
LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER, THE
SHELTER FOR ABUSED WOMEN & CHILDREN – ADOPTED
Item #16H3 – Commissioner Taylor voted No (During Agenda
October 13, 2020
Page 177
Changes)
RESOLUTION 2020-183: A RESOLUTION SUPPORTING
INNOVATIVE PILOT PROJECTS FOR INVASIVE PLANT
CONTROL ON LAKE OKEECHOBEE AND SURROUNDING
WATERWAYS
Item #16J1
TAX COLLECTOR REQUEST FOR ADVANCE COMMISSIONS
IN ACCORDANCE WITH FLORIDA STATUTE 192.102(1) FOR
FY 2021
Item #16J2
THE STATE OF FLORIDA E911 BOARD/E911 STATE GRANT
PROGRAM
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 SEPTEMBER 10, 2020 AND
SEPTEMBER 30, 2020 PURSUANT TO FLORIDA STATUTE
136.06
Item #16J4
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
October 13, 2020
Page 178
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF OCTOBER 7, 2020
Item #16J5
THE UNITED STATES DEPARTMENT OF JUSTICE AND
UNITED STATES DEPARTMENT OF TREASURY COMBINED
EQUITABLE SHARING AGREEMENT AND CERTIFICATION
THROUGH SEPTEMBER 30, 2021
Item #16K1
RESOLUTION 2020-184: APPOINTING A MEMBER TO THE
CONTRACTORS LICENSING BOARD – APPOINTING TODD
ALLEN WITH TERM EXPIRING ON JUNE 30, 2022
Item #16K2
RESOLUTION 2020-185: APPOINTING A MEMBER TO THE
HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD –
APPOINTING PATRICIA SHERRY WITH TERM EXPIRING ON
OCTOBER 1, 2023
Item #16K3
A JOINT MOTION FOR STIPULATED FINAL JUDGMENT IN
THE AMOUNT OF $11,500 FOR THE ACQUISITION OF
PARCEL 204DAME, PLUS $12,321.72 FOR ALL STATUTORY
ATTORNEY’S FEES, EXPERT FEES, AND COSTS, PLUS AN
AMOUNT NOT TO EXCEED $1,800 FOR ALL SUPPLEMENTAL
ATTORNEY’S FEES AND COSTS RELATING TO THE
October 13, 2020
Page 179
APPORTIONMENT PROCESS, IN THE LAWSUIT STYLED
COLLIER COUNTY, FLORIDA V. JOHN D. LAWRENCE, ET
AL., CASE NO. 11-3207-CA (OUTFALLS 3 AND 4/LASIP
PROJECT #51101)
Item #17A
ORDINANCE 2020-28: AN AMENDMENT ADOPTING
REVISIONS TO ORDINANCE NO. 2013-69, AS AMENDED,
COMMONLY KNOWN AS THE COLLIER COUNTY
PROCUREMENT ORDINANCE TO INCORPORATE
REFERENCES PERTAINING TO THE COUNTY’S DIRECT
MATERIALS PURCHASE COST-SAVINGS PROGRAM
Item #17B
RESOLUTION 2020-186: PETITION PL20200001420, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF TRACT “A” OF
TOLLGATE COMMERCIAL CENTER PHASE THREE, PLAT
BOOK 22, PAGE 95 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, KNOWN AS BUSH BOULEVARD THE
SUBJECT RIGHT-OF-WAY (ROW) IS LOCATED
APPROXIMATELY 1600-FEET EAST OF COLLIER
BOULEVARD BETWEEN TOLLHOUSE DRIVE AND I-75 IN
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
Item #17C
ORDINANCE 2020-29: AN ORDINANCE AMENDING
October 13, 2020
Page 180
ORDINANCE NO. 75-16, AS AMENDED, TO ESTABLISH A
ROTATION FOR SERVING AS CHAIRMAN AND VICE-
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
Item #17D
ORDINANCE 2020-30: AN ORDINANCE AMENDING
ORDINANCE NO. 2002-09, AS PREVIOUSLY AMENDED BY
ORDINANCE 2016-35, TO INCREASE THE ACREAGE OF THE
FLOW WAY COMMUNITY DEVELOPMENT DISTRICT (CDD)
PURSUANT TO CHAPTER 190.046, FLORIDA STATUTES
Item #17E
RESOLUTION 2020-187: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 20-21 ADOPTED BUDGET
October 13, 2020
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:36 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
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These minutes approved by the Board on 001; 10 )6X ,
as presented - or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI LEWIS, FPR, COURT
REPORTER AND NOTARY PUBLIC.
Page 181