BCC Minutes 09/14/2021 RSeptember 14, 2021
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida
September 14, 2021
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: Penny Taylor
William L. McDaniel, Jr.
Rick LoCastro
Burt L. Saunders
Andy Solis
ALSO PRESENT:
Sean Callahan, Interim County Manager
Amy Patterson, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Derek Johnssen, Clerk's Office
Troy Miller, Communications & Customer Relations
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September 14, 2021
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
September 14, 2021
9:00 AM
Commissioner Penny Taylor, District 4 - Chair – CRAB Co-Chair
Commissioner William L. McDaniel, Jr., District 5 - Vice Chair - CRAB Co-Chair
Commissioner Rick LoCastro, District 1
Commissioner Andy Solis, District 2
Commissioner Burt Saunders, District 3Commissioner Burt Saunders, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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September 14, 2021
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.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation given by Pastor Tim Reed of Fairway Bible Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. June 22, 2021 BCC Meeting Minutes
C. June 24, 2021 BCC Budget Meeting Minutes
D. July 13, 2021 BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
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B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating September 22, 2021, as Falls Prevention
Awareness Day in Collier County. The proclamation will be mailed to
Lauren Ware, Community Programs Coordinator, Lee Health, 4211 Metro
Parkway, Suite 300, Fort Myers, Florida 33916.
B. Proclamation designating September 2021 as Payroll Awareness Month in
Collier County. The proclamation will be hand delivered to Crystal Kinzel,
Collier County Clerk of the Circuit Court & Comptroller.
C. Proclamation designating September 15 through October 15, 2021, as
Hispanic Heritage Month in Collier County. The proclamation will be
presented to Commissioner Solis for delivery to Hispanic Council
Foundation of Collier County, Inc. and Council of Hispanic Business
Professionals, Inc.
D. Proclamation congratulating the Office of the Consulate General of Mexico
in Miami as they commemorate the 200th Anniversary of the Independence
of Mexico. The proclamation will be mailed to the Office of the Consulate
General in Miami, Florida.
E. Proclamation designating October 2021 as National Manufacturing Month
in Collier County. The proclamation will be mailed to Rob Harris, Executive
Director, Southwest Regional Manufacturers Association of Florida, Ft.
Myers, Florida.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for September
2021 to Naples Network Services.
6. PUBLIC PETITIONS
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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 to be heard no sooner than 2:00 p.m. 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 of the Board of County
Commissioners of Collier County, Florida 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 Residential
Planned Unit Development (RPUD) zoning district for the project to be
known as Blue Coral Apartments RPUD, to allow development of up to 234
multi-family rental units, of which 70 will be rent restricted as affordable.
The subject property is located on the south side of Immokalee Road,
approximately 1000 feet west of Juliet Boulevard, in Section 30, Township
48 South, Range 26 East, Collier County, Florida, consisting of 9.35± acres;
and by providing an effective date. (PL20190001600) (This is a companion
to Item PL20190001620 Agenda Item #9B) (District 2)
B. This Item to be heard no sooner than 2:00 p.m. An Ordinance of the
Board of County Commissioners of Collier County, Florida 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 adding the
Immokalee Road Interchange Residential Infill subdistrict to the Urban,
Mixed Use district to allow development of up to 234 multi-family rental
units, of which 70 will be rent restricted as affordable. The subject property
is located on the south side of Immokalee Road, approximately 1000 feet
west of Juliet Boulevard, in Section 30, Township 48 South, Range 26 East,
Collier County, Florida, consisting of 9.35± acres; and furthermore,
directing transmittal of the adopted amendment to the Florida Department of
Economic Opportunity; providing for severability and providing for an
effective date. [PL20190001620/CPSS-2020-2] (This is a companion to
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Item PL20190001600, Agenda Item #9A) (District 2)
10. BOARD OF COUNTY COMMISSIONERS
A. This Item to be heard at 9:30 am. Recommendation that the Board of
County Commissioners direct that the County does not move forward with
The U.S. Army Corps of Engineers (USACE) Collier County, Florida
Coastal Storm Risk Management Feasibility Study, and thanks the Corps for
their efforts. (Commissioner Taylor's Request) (All Districts)
B. This Item to be heard no sooner than 1:00 p.m. Request that the Board
discuss the proposed Lake Okeechobee System Operating Manual being
developed by the Army Corp of Engineers, and approve a letter supporting
Sanibel Captiva Conservation Foundation/Lee County’s position.
(Commissioner Taylor's Request) (All Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Invitation to Bid (“ITB”) No. 21-7896,
“Emergency/Disaster Related Stabilization and Recovery Services for
Roadway Signs,” to Southern Signal & Lighting, Inc. (Jay Ahmad, Division
Director, Transportation Engineering Division) (All Districts)
B. Recommendation to provide direction to the County Manager on in-person
award presentations and other recognitions, use of the boardroom by outside
entities, and continued use of communications media technology to allow
individuals to participate remotely in County meetings. (John Mullins,
Director of Communications, Government and Public Affairs) (All Districts)
C. Recommendation to award of Invitation to Bid (“ITB”) No. 21-7888,
“Collier County Landfill Scale House Construction,” to DEC Contracting
Group, Inc. in the amount of $1,155,932.61, authorize the Chair to sign the
attached Agreement, and approve the attached budget amendments. (Kari
Hodgson, Solid Waste & Recycling Division Director) (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
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AGENCY
A. AIRPORT
1) Recommendation to approve the after-the-fact acceptance of the
attached Federal Aviation Administration (FAA) grant offer in the
amount of $2,022,045 for one hundred percent (100%) funding for the
construction of the rehabilitation and widening of Runway 15/33 at
Everglades Airpark and authorize all necessary budget amendments.
(District 5)
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) Recommendation to approve the FY 21/22 10-Year Capital Planning
document for Fund 195-Beach Renourishment and Pass Maintenance
and Fund 185 Program Management and Administration and make a
finding that these expenditures promote tourism. (All Districts)
2) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Abaco
Pointe Phase 1, PL20190002237 and authorize the County Manager,
or his designee, to release the Final Obligation Bond in the total
amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 5)
3) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Abaco
Pointe Phase 2, PL20190002966 and authorize the County Manager,
or his designee, to release the Final Obligation Bond in the total
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amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 5)
4) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Abaco
Pointe Phase 3, PL20190002662 and authorize the County Manager,
or his designee, to release the Final Obligation Bond in the total
amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 5)
5) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Audubon Phase 1, PL20200001066, and
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of $8,047.90 to the Project Engineer or the Developer’s
designated agent. (District 2)
6) 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 Bent Creek Preserve, Phase 2B,
Application Numbers PL20170002778, and authorize the release of
the maintenance security. (District 5)
7) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water utility facilities for the Caribbean Park Amenity Center,
PL20200001784. (District 2)
8) Recommendation to approve final acceptance of the potable water and
sewer facilities for The Enclave of Distinction, PL20190000536,
accept the conveyance of all of the potable water and a portion of the
sewer facilities, and authorize the County Manager, or his designee, to
release the Final Obligation Bond in the total amount of $4,000 to the
Project Engineer or the Developer’s designated agent. (District 2)
9) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of all of the potable
water and a portion of the sewer utility facilities for the Fiddler's
Creek Plaza, PL20210000983 (District 1)
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10) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water utility facilities for the Tract F at Fiddler's Creek Plaza
(Publix), PL20210000867. (District 1)
11) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Fronterra Phase 2B, PL20190001628 and authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
total amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 3)
12) 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 Golf Club of the Everglades
Phase 1B, Application Number PL20140002532; and authorize the
release of the maintenance security. (District 5)
13) Recommendation to approve final acceptance of the sewer utility
facilities and accept the conveyance of a portion of the sewer utility
facilities for the Here We Grow Grinder Station, PL20210000902.
(District 3)
14) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of Lago
Villaggio (f/k/a Regent Lake Estates), Application Number
PL20120001748 (99-38), acceptance of County maintenance
responsibilities for Tract H of Lago Villaggio, and authorizing the
release of the maintenance security. (District 4)
15) Recommendation to approve final acceptance of the potable water and
sewer facilities for Legacy Naples, PL20190000057, accept the
conveyance of a portion of the potable water and sewer facilities, and
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of $55,072.93 to the Project Engineer or the Developer’s
designated agent. (District 3)
16) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Legacy Naples New Hope Ministries Phase
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2, PL20190001401, and authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of $13,631.66 to the Project
Engineer or the Developer’s designated agent. (District 3)
17) Recommendation to approve final acceptance of the potable water
utility facilities for Magnolia Square Apartments Phase 1B,
PL20210001586. (District 2)
18) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
sewer utility facilities for the Old 41 Storage Facility - Midgard 2,
PL20210000416. (District 2)
19) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange
Blossom), Application Number AR-7431, acceptance of County
maintenance responsibilities for Tract “R” of Orange Blossom Ranch
Phase 1B and authorizing the release of the maintenance security.
(District 5)
20) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Ranch
at Orange Blossom 2C, PL20180001817 and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 5)
21) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Seychelles - Onsite, PL20190002069 and authorize the County
Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$89,767.63 to the Project Engineer or the Developer’s designated
agent. (District 3)
22) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Vincent Acres, PL20200000511 and authorize the County Manager,
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or his designee, to release the Final Obligation Bond in the total
amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 3)
23) 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 2,
Application Number PL20140002533; and authorize the release of the
maintenance security. (District 1)
24) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
water utility facilities for the 7-Eleven Store No. 34813 -
PL20210001153. (District 2)
25) Recommendation that the Board approves and authorizes the
Chairman to sign a Collier County Landscape Maintenance
Agreement (“Agreement”) between Collier County and 7 Eleven,
Inc., 34813 Pine Ridge, LLC, and Creighton Construction and
Management LLC, for landscape and irrigation improvements within
the Airport-Pulling Road and Pine Ridge Road public rights-of-way.
(District 2)
26) Recommendation This item requires that ex parte disclosure be
provided by Commission members. Should a hearing be held on
this item, all participants are required to be sworn in.
Recommendation to approve for recording the final plat of Anthem
Parkway Phase 4, (Application Number PL20200002048) approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security. (District 5)
27) Recommendation 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
Estancia Section of Marsh Cove at Fiddler’s Creek, Application
Number PL20200002257. (District 1)
28) Recommendation This item requires that ex parte disclosure be
provided by Commission members. Should a hearing be held on
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this item, all participants are required to be sworn in.
Recommendation to approve for recording the final plat of Esplanade
by the Islands – Phase 2, (Application Number PL20210000687)
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
(District 1)
29) Recommendation 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 amended final plat of
Isles of Collier Preserve Phase 15, (Application Number
PL20200002649) approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security. (District 1)
30) 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 Magnolia Square of
Naples, Application Number PL20210000595. (District 2)
31) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of National Golf and Country
Club at Ave Maria, Phase 3, (Application Number PL20200002565)
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
(District 5)
32) 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 Top Gun Paradise,
Application Number PL20210000952. (District 4)
33) Recommendation to award a Work Order to Bonness, Inc., for
construction of the “Commercial Blvd. at Exchange Ave. Intersection
Improvements” project, in the amount of $250,670.71 (Project PN
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60188.11) and authorize the Chair to sign the attached Work Order.
(District 4)
34) Recommendation to approve the conveyance of a temporary
construction easement from the Collier County Water-Sewer District
to Collier County for the construction of the Veterans Memorial
Boulevard Extension Project No. 60198. (All Districts)
35) Recommendation to accept the conveyance of sidewalk easements
(Parcels 106SWE, 107SWE, 109SWE, 110SWE) to facilitate Collier
County’s maintenance of the public sidewalk along the south side of
Mainsail Drive. (District 1)
36) Recommendation to award a Work Order to Preferred Materials, Inc.,
for construction of the “Oil Well Road Shoulder Improvements -
Segment II” project, in the amount of $723,901.64 (Project 60231)
and authorize the Chair to sign the attached Work Order. (District 5)
37) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $164,980 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20210000629) for work associated with Avalon Park Phase 4.
(District 5)
38) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $2,960 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20210000137) for work associated with Bayshore Food and Wine
Venue. (District 4)
39) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $1,014,980, which was posted as
a guaranty for Excavation Permit Numbers 60.084, PL20120001253
and 60.084.2, PL20140002460, for work associated with Esplanade
Golf and Country Club of Naples SDP #1. (District 3)
40) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000 which was posted as a
guaranty for Excavation Permit Number PL20190001067 for work
associated with Hamilton Place. (District 4)
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41) Recommendation to authorize the Clerk of Courts to release a Letter
of Credit in the amount of $50,000 which was posted as part of a
Settlement Agreement between the Board of County Commissioners
and J.C. Drainfield Repair, Inc. to comply with the requirements of
the Industrial Pretreatment Ordinance. (District 4)
42) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $84,300, which was posted as a
guaranty for Excavation Permit Number 59.902-37, PL20170004095,
for work associated with Maple Ridge at Ave Maria Phase 5A.
(District 5)
43) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $1,000,000, which was posted as
a guaranty for Excavation Permit Number PL20190001728, for work
associated with the National Golf and Country Club at Ave Maria,
Phase 1. (District 5)
44) 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
release the existing excavation performance security in the amount of
$500,000, that was replaced by an excavation performance agreement
and alternate excavation performance security in the same amount, for
the project known as Willow Run Quarry, Commercial Excavation
Permit Number 59.206, PL20110001383. (District 1)
45) Recommendation to approve time extension contract amendments for
Agreement No. 4600004128 for the Griffin Road Stormwater
Improvement Project (60196), Agreement No. 4600004125 Freedom
Park Stormwater Channel Improvement Project (60102), and
Agreement No. 4600003762 for the West Goodlette-Frank Road Area
Joint Stormwater-Sewer Project (60142) between the South Florida
Water Management District and Collier County. (District 1, District 2,
District 4)
46) Recommendation to amend Exhibit “A” to Resolution No. 2013-239,
the list of Speed Limits on County Maintained Roads, to reflect the
temporary reduction of the speed limit at six separate locations due to
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construction activities relating to the Eleven Bridges Replacement
(Project Number 66066.12). (District 5)
47) Recommendation to approve the submittal of a Beautification Grant
application to the Florida Department of Transportation for a project
in which Collier County will be reimbursed, up to $100,000, for
median irrigation and landscaping improvements on State Road US
41 North (Lee/Collier County Line to Vanderbilt Beach Road).
(District 2)
48) Recommendation to approve a release of a code enforcement lien with
an accrued value of $43,400 for payment of $2,450, in the code
enforcement action titled Board of County Commissioners v. Jantina
Jo Hanna, Code Enforcement Board Case No. CESD20190008083
relating to property located at 3061 Lunar St, Collier County, Florida.
(District 4)
49) Recommendation to approve the submittal of a Beautification Grant
application reimbursable up to $100,000 and a formal Joint
Participation Agreement (JPA) letter requesting funding in the
amount of $865,000 to the Florida Department of Transportation
(FDOT) for median irrigation and landscaping improvements on State
Road 84 Davis Boulevard (Santa Barbara Boulevard to Collier
Boulevard, 2.5 mile) project. (District 3
50) Recommendation that the Board approves and authorizes the
Chairman to sign a Collier County Landscape Maintenance
Agreement (“Agreement”) between Collier County and Ardena
Homeowners Association, Inc., for landscape and irrigation
improvements within the Livingston Road public right-of-way.
(District 2)
51) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 21-7901, “Immokalee
Road at Randall Boulevard Intersection Improvements,” and authorize
staff to begin contract negotiations with the top ranked firm, HNTB
Corporation so that staff can bring a proposed agreement back for the
Board’s consideration at a subsequent meeting. (All Districts)
52) Recommendation to provide after-the-fact acceptance of a Grant
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Award from the Florida Fish and Wildlife Conservation Commission
under the Bulk Derelict Vessel Removal Program in the amount of
$37,400 and authorize necessary budget amendment (Project 33771).
(All Districts)
53) Recommendation to provide after-the-fact acceptance of a Grant
Award from the Florida Fish and Wildlife Conservation Commission
under the Bulk Derelict Vessel Removal Program in the amount of
$14,455 and authorize necessary budget amendment (Project 33771).
(All Districts)
54) Recommendation to award Invitation for Qualifications (“IFQ”) No.
21-7842, “Roadway Contractor Services,” to Preferred Materials, Inc.,
Ajax Paving Industries of Florida LLC, Quality Enterprises USA,
Inc., Pavement Maintenance, LLC, Cougar Contracting, LLC, and
Coastal Concrete Products, LLC d/b/a Coastal Site Development. (All
Districts)
55) Project No. 60201 - Pine Ridge Rd. Corridor Improvements
Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 21-7831, “Pine Ridge
Road Corridor Improvements," and to authorize staff to begin contract
negotiations with the top ranked firm Jacobs Engineering Group, Inc.,
so that a proposed agreement can be brought back for the Board’s
consideration at a future meeting. (All Districts)
56) Recommendation to approve a Resolution supporting the County’s
applications to Florida Department of Environmental Protection for
Long Range Budget Plan Requests for Beach Renourishment Projects
for Fiscal Year 2022/2023. This action maintains the County's
eligibility for State Cost Share Funding for future renourishment
projects. (All Districts)
57) Recommendation to approve a budget amendment transferring
$91,000 from Fund (325) Project 60102 – Gordon River to Fund
(325) Project No. 50177 – Cocohatchee River to fund the final design
and permitting of a dredging project of the Cocohatchee River near
the US 41 bridge. (All Districts)
58) Recommendation to award Request for Proposal (“RFP”) No. 20-
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7812, “Collier Area Transit Onboard Security Cameras,” to IVS, Inc.,
and authorize the Chair to execute the attached agreement. (All
Districts)
59) 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 adopt
a Resolution acknowledging the termination of Resolution 2009-58,
Resolution 2014-37, Resolution 2015-40, and Resolution 2018-27
relating to the Stewardship Sending Area with a designation as
“BCI/BCP SSA 10”; based upon the termination date of March 10,
2021 in the Stewardship Sending Area credit agreement for BCI/BCP
SSA 10 and the Escrow agreement for BCI/BCP SSA 10. (All
Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to direct the County Attorney to advertise and bring
back for future consideration an ordinance creating the Collier County
Public Art Committee to advise the Board on all matters relating to
the public art within the entire unincorporated area of the County,
including the Bayshore Gateway Triangle Community
Redevelopment area. (All Districts)
2) Recommendation that the Board of County Commissioners (BCC),
acting in its capacity as the Community Redevelopment Agency
(CRA), approve the attendance of two Immokalee and two
Bayshore/Gateway Triangle Local Redevelopment Advisory Board
members at the Florida Redevelopment Association 2021 Annual
Conference; authorize payment of attendees’ registration, lodging,
travel and per diem from the CRA Trust Fund (Fund 186/187); and
declare the training received as serving a valid public purpose.
(District 4, District 5)
3) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board, authorize necessary
budget amendments to recognize carryforward in Bayshore CRA
Fund (187) and Immokalee CRA Fund (186) and transfer those
moneys along with capital reserve balances into Bayshore CRA
Capital Fund (787) and Immokalee CRA Capital Fund (786), and
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September 14, 2021
appropriate those funds plus the reserves in Bayshore CRA Capital
Project Fund (787) into specific projects pursuant to the Community
Redevelopment Plan. (District 4, District 5)
4) Recommendation to award Invitation to Bid (“ITB”) No. 21-7846R,
Bayshore Beautification MSTU Landscape and Irrigation
Maintenance, to A&M Property Maintenance LLC, as the Primary
Vendor, and Mainscape, Inc., as the Secondary Vendor, authorize the
Chair to sign the attached agreement. (District 4)
5) Request for authorization to advertise and bring back for future
consideration an ordinance amending Ordinance No. 2002-52, as
amended, which established the Immokalee Beautification Advisory
Committee, to reduce quorum requirements at meeting from four to
three members. (District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to reaffirm that the Florida Department of Law
Enforcement and the Federal Bureau of Investigation are sole source
providers for background checks and fingerprinting pursuant to
Florida Statute 125.5801, approve the current fee changes, and
authorize subsequent annual fee changes made by the sole source
provider. (All Districts)
2) Recommendation to approve and execute documents necessary for the
conveyance of a Utility Facilities Warranty Deed and Bill of Sale and
Utility Easement for potable water and sewer infrastructure on County
owned property located at the proposed Heritage Bay Government
Center site to the Collier County Water-Sewer District, at a cost not to
exceed $100. (District 3)
3) Recommendation to approve and execute documents necessary for the
conveyance of a Bill of Sale for water infrastructure on and to County
owned property located at 5362 Useppa Drive in the Town of Ava
Maria, for a Public Safety Center, to the Ava Maria Utility Company,
at no cost to County. (District 5)
4) Recommendation to authorize a budget amendment in the amount of
$600,000 to fund emergency repairs within the Public Utilities
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September 14, 2021
Department’s Wastewater Division. (All Districts)
5) Recommendation to approve the transfer of two parcels (Parcels 150POND and
1122POND), required for construction of the Vanderbilt Beach Road Extension
Project No. 60168, from the GAC Land Trust to the Transportation Engineering
Division’s inventory. (All Districts)
6) Recommendation that the Board enter into an Assumption Agreement
with Waste Pro of Florida, Inc., of the Franchise Agreement for solid
waste, recyclable materials, and yard trash collection services in
Municipal Service District II (Immokalee and Ave Maria area), who
purchased the assets of the prior vendor of this Franchise Agreement.
(District 5)
7) Recommendation to award Invitation for Qualification (“IFQ”) No.
20-7771, “Small General Contracting Services,” for County-wide
general contracting services to: Capital Contractors, LLC, DEC
Contracting Group, Inc., Chris-Tel Company of Southwest Florida,
Inc. d/b/a Chris-Tel Construction, Waypoint Contracting Inc, Vetor
Contracting Services, LLC, and N R Contractors, Inc. (All Districts)
8) Recommendation to approve Grant Agreement H0600 with the
Florida Division of Emergency Management (“FDEM”) for “Collier
County, Facilities Management, Generator” under Project 33744, and
to authorize the Chairman to sign the attached agreement for the
necessary budget amendments. (District 1, District 4)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to authorize the Chair to sign a Memorandum of
Agreement with the Florida Fish and Wildlife Conservation
Commission to allow youth hunts at Pepper Ranch Preserve in
January 2022 and February 2022. (District 5)
2) Recommendation to approve “After-the-Fact” agreements and
attestation statements with the Area Agency on Aging for Southwest
Florida, Inc., Community Care for the Elderly, Alzheimer’s Disease
Initiative, and Home Care for the Elderly grant programs for Collier
County’s Services for Seniors Program and authorize a Budget
Amendment to ensure continuous funding for FY2021/2022. (All
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September 14, 2021
Districts)
3) Recommendation to approve an Income Distribution from the Harvey
M. Shreve Jr. Irrevocable Trust Account in the amount of $8,938.46
to the Collier County Public Library, to authorize the County
Manager, or his designee, to complete any required forms, and to
approve any necessary Budget Amendments. (All Districts)
4) Recommendation to approve twenty-four (24) mortgage satisfactions
for the State Housing Initiatives Partnership loan program in the
amount of $1,200,000. (All Districts)
5) Recommendation to approve and authorize the Chairperson to sign
ten (10) mortgage satisfactions for the State Housing Initiatives
Partnership loan program in the amount of $197,142 and the
associated Budget Amendments. (All Districts)
6) Recommendation to approve the State Housing Initiatives Partnership
Program Annual Reports and authorize the Chairperson to sign the
Local Housing Incentive Certification to closeout Fiscal Year
2018/2019 and approve interim reports for Fiscal Year 2019/2020 and
2020/2021 to ensure compliance with program requirements. (All
Districts)
7) Recommendation to approve three (3) Release of Liens for full
payment of a combined total of $39,830.60 including interest
($31,864.47 original deferral), pursuant to Agreement for Deferral of
100% of Collier County Impact Fees for Owner-occupied Affordable
Housing Dwellings. (All Districts)
8) Recommendation to approve and authorize the chairperson to sign
one (1) release of lien for an Affordable Housing Density Bonus
agreement for a unit that is no longer subject to the terms of the
agreement. (All Districts)
9) Recommendation to accept a Partners for Fish and Wildlife Program
Landowner Agreement Modification for a $15,000 grant award from
the U.S. Fish and Wildlife Service Partners for Fish and Wildlife
Program for fish and wildlife habitat restoration at McIlvane Marsh
Preserve and approve all necessary Budget Amendments. (All
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September 14, 2021
Districts)
10) Recommendation to authorize a Budget Amendment to recognize
interest earned for the period January through March 2021 on
advanced library funding received from the Florida Department of
State to support library services and equipment for the use of Collier
County residents and auction proceeds. (All Districts)
11) Recommendation to approve an "After-the-Fact" NASA @My
Library Grant Application to the American Library Association in the
amount of $1,600. (All Districts)
12) Recommendation to approve the agreement modification for the
Florida Department of Emergency Management Hazard Mitigation
Grant #H0311 accepting $14,999.93 and extending the agreement
deadline to January 31, 2022, for hardening of the University
Extension Services’ Institute of Food and Agricultural Services
building. (All Districts)
13) Recommendation to approve and authorize the Chairperson to sign
the First Amendment between Collier County and the Immokalee Fire
Control District for the construction of a new fire station in
Immokalee, Florida. (All Districts)
14) Recommendation to award Request for Quotation No. 21-1010 to
Ajax Paving Industries of Florida, for the “Barefoot Beach Roadway”
project, authorize staff to open a Purchase Order in the amount of
$486,231.36 and make a finding that this expenditure promotes
tourism. (District 2)
15) Recommendation to terminate for convenience Agreement No. 20-
7801 with A2 Group, Inc. as the Construction Manager at Risk
(CMAR) for the Sun-N-Fun Water Park Rehabilitation and
Restoration project. (District 3)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
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September 14, 2021
2) Recommendation to accept the report for the sale of 89 items and
disbursement of funds in the amount of $399,465.00 associated with
the County surplus auction held on August 7, 2021. (All Districts)
3) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
4) Recommendation to waive competition and approve Community
Utilities Environmental Services, Inc. (“CUES”), as the single source
vendor for closed circuit television sewer camera inspection vehicles,
parts, software, and services. (All Districts)
5) Recommendation to ratify Property, Casualty, Workers’
Compensation and Subrogation claim files settled and/or closed by
the Risk Management Division Director pursuant to Resolution
#2004-15 for the third quarter of FY 21. (All Districts)
6) Recommendation to approve the purchase of Excess Workers’
Compensation Insurance for FY 2022 with Arch Insurance Company
in the estimated annual amount of $178,929. (All Districts)
7) Recommendation to award Request for Proposal (“RFP”) #21-7882,
“Workers’ Compensation Medical Case Management Program,” to
Naples Physician Hospital Organization, Inc. d/b/a Community
Health Partners. (All Districts)
8) Recommendation to Approve the Purchase of Flood Insurance for
Fiscal Year 2022 in the estimated amount of $483,694.00 (All
Districts)
9) Recommendation to approve the purchase of Aircraft and Airport
Insurance for FY 2022 from the Member Companies of Global
Aerospace in the annual amount of $212,437. (All Districts)
10) Recommendation to approve a resolution authorizing
Intergovernmental Transfers (IGT) between Collier County EMS and
the State of Florida Agency for Health Care Administration (AHCA)
for FY22, to authorize Chairman to sign an Agreement with AHCA to
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September 14, 2021
accept direct payments from the program named Statewide Medicaid
Managed Care (SMMC) for FY22 and to approve the necessary
budget amendments. (All Districts)
11) Recommendation to recognize accrued interest from the period May
1, 2021 through June 30, 2021 earned by EMS Cares Act Provider
Relief Payment and appropriate funds for a total amount of $58.27.
(All Districts)
12) Recommendation to recognize accrued interest from the period May
1, 2021 through June 30, 2021 earned by EMS County Grant and
appropriate funds for a total amount of $289.31. (All Districts)
13) Recommendation to approve a Resolution providing for user fees for
Collier County ambulance services, billing and collection procedure,
hospital transport billing and updated fees, adjustments of EMS user
fees pursuant to Collier County Ordinance No. 96-36, waiver of EMS
user fees for special events, and a procedure for approving payment
plans; superseding Resolution No. 08-27; and providing for an
effective date. (All Districts)
14) Recommendation to authorize the Procurement Services Director to
procure goods or services from vendors that have been awarded a
contract as a result of a competitive selection process by a federal,
state or municipal government, or any other governmental agency,
political subdivision, or government-related association or a
purchasing cooperative, provided that the originating entity utilized a
competitive process similar to Collier County’s, and authorize the
County Manager or designee to sign agreements associated with those
purchases. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to recognize Ryan Dawson, Public Utilities
Department, Facilities Management as the July 2021 Employee of the
Month.
2) Recommendation to authorize budget amendments appropriating
approximately $1,221,483,700 of unspent FY 2021 Capital project
and grant budgets into fiscal year 2022. (All Districts)
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September 14, 2021
3) Board ratification of Summary, Consent and Emergency Agenda
Items approved by the County Manager during the Board's scheduled
recess. (In Absentia Meeting(s) dated July 27, 2021; August 10, 2021
and August 24, 2021) (All Districts)
July 27, 2021
a) Recommendation to approve the selection committee’s ranking
to Request for Professional Services (“RPS”) #21-7902,
“Goodlette Frank Road Stormwater & Ditch Improvements
(Section B),” and authorize staff to begin contract negotiations
with the top-ranked firm, AIM Engineering & Surveying, Inc.,
so that a proposed agreement can be brought back for the
Board’s consideration at a future meeting. (District 4)
b) Recommendation to approve a Work Order to Quality
Enterprises USA, Inc., in the amount of $758,979 for the
“Southbay Drive and Center Street Sewer Replacement”
project, pursuant to Agreement No. 20-7800 (Project Number
70139). (District 2)
c) Recommendation to award Invitation to Bid (“ITB”) No. 21-
7875, “Bypass Pump Preventative Maintenance, Repair and
Replacement” to Mersino Dewatering, Inc. (All Districts)
d) Recommendation to approve the award of Invitation to Bid
(“ITB”) No. 21-7825, “NCWRF EQ #3 Odor Control
Improvements – Phase 1 Construction,” to R2T, Inc., in the
amount of $424,525.00, and authorize the Chair to execute the
attached agreement, Project No. 70148. (District 2)
e) Recommendation to adopt a Resolution and to approve a Lease
Agreement with Streamline Wireless LLC for use of space in a
County owned communications equipment building at 1515
Benton Road (District 1)
f) Recommendation to approve the Second Amendment to
Agreement No. 19-7650, “Golden Gate Golf Course
Redevelopment Planning and Engineering," with Davidson
Page 24
September 14, 2021
Engineering, Inc., for professional planning and engineering
services in the amount of $1,179,786.20, authorize the Chair to
sign the attached amendment, and authorize any necessary
budget amendments. (District 3)
g) Recommendation to approve a Lease Agreement with Marco
Island Hospital, Inc., for temporary space to be used by EMS
during renovations to Marco Island Fire Station 50. (All
Districts)
h) Recommendation to approve the administrative reports
prepared by the Procurement Services Division for change
orders and other contractual modifications requiring Board
approval. (All Districts)
i) 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 July 1, 2021
and July 14, 2021 pursuant to Florida Statute 136.06. (All
Districts)
j) Request that the Board approve and determine valid public
purpose for invoices payable and purchasing card transactions
as of July 21, 2021. (All Districts)
August 10, 2021
a) Recommendation to approve a Diocese of Venice, non-
exclusive Space Usage Agreement and License with the St John
the Evangelist Church to provide a regular public meeting
location for use by the Vanderbilt Beach Beautification
Advisory Committee; and authorize the County Manager to
sign the Agreement. (District 2)
b) 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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September 14, 2021
c) Recommendation to approve the administrative reports
prepared by the Procurement Services Division for change
orders and other contractual modifications requiring Board
approval. (All Districts)
d) Recommendation to authorize budget amendments to transfer
funding to the appropriate capital funds in the amount of
$15,000,000 to accommodate the expedition of capital projects
following direction of the Board of County Commissioners.
(All Districts)
e) 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 July 15,
2021 and July 28, 2021 pursuant to Florida Statute 136.06. (All
Districts)
f) Recommendation Request that the Board approve and
determine valid public purpose for invoices payable and
purchasing card transactions as of August 4, 2021. (All
Districts)
August 24, 2021
a) Recommendation to adopt a Resolution and approve a Lease
Agreement with Congressman Byron Donalds for use of
County-owned office space. (District 1)
b) Recommendation to approve clarifications to the Emergency
Rental Assistance 1 and 2 programs from the U.S. Department
of Treasury to streamline the eligibility requirements for
households seeking assistance under the program. (All
Districts)
c) Recommendation to approve the administrative reports
prepared by the Procurement Services Division for change
orders and other contractual modifications requiring Board
approval. (All Districts)
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September 14, 2021
d) Recommendation to approve the Sponsorship Agreement for
FY 2022 between Collier County and Global Sports Resorts
LLC d/b/a Academia Sanchez-Casal Florida (Global Sports
Resorts) and make a finding that this item promotes tourism.
(All Districts)
e) Recommendation to approve the 1 year Sponsorship Agreement
between Collier County and UWP, LLC dba Pro Watercross
World Championships for $90,000 and make a finding that the
sponsorship expenditures promote tourism. (All Districts)
f) Recommendation to approve the use of Tourist Development
Tax Promotion Funds to support the two upcoming October
2021 Sports Tourism Events up to $10,500 and make a finding
that this expenditure promote tourism. (All Districts)
g) Request that the Board approve and determine valid public
purpose for invoices payable and purchasing card transactions
as of August 18, 2021. (All Districts)
h) 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 July 29,
2021 and August 11, 2021 pursuant to Florida Statute 136.06.
(All Districts)
4) Recommendation to approve and authorize the Chairman to execute
Tourist Development Tax Grant Applications for FY 22 Marketing
Grants (formerly Category B) ($140,000) and Non-County
Owned/Operated Museums (formerly Category C-2) ($530,000) and
make a finding that these expenditures promote tourism. (All
Districts)
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY20-21 Adopted Budget. (All Districts)
6) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
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September 14, 2021
including $25,000 and $50,000, respectively. (All Districts)
7) Recommendation to approve an extension to the Ave Maria
Innovation Zone collection period and direct the County Manager, or
his designee, to develop an economic development agreement with
Carina’s Manufacturing, Inc. and Ave Maria Development, LLLP, for
a dedicated manufacturing facility. (District 5)
8) Recommendation to execute a Board-directed agreement with The
Immokalee Foundation, to offset development costs on a housing
subdivision for the Career Pathways Learning Lab, in the amount
$500,000. (District 5)
G. AIRPORT AUTHORITY
1) Recommendation to award Request for Professional Services (“RPS”)
No. 20-7802, “Grant-Funded General Professional Services for
Airports,” to Hole Montes, Inc., Atkins North America, Inc., Avcon,
Inc., and Infrastructure Consulting & Engineering, PLLC, LLC, and
authorize the Chair to sign the attached agreements. (District 1,
District 5)
2) Recommendation to approve the attached Change Order #3 to
Agreement No. 19-7558, “Design Services for Immokalee Regional
Airport Runway Rehab and Taxiway Extension Projects” with Hole
Montes, Inc., to extend the schedule for Post Design Services for the
Runway 18/36 Rehabilitation project by 102 days. (District 5)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board of County Commissioners provide
after the fact approval for the Sheriff’s purchase/reimbursement of
radios using the United States Department of Treasury combined
Equitable Sharing Fund. (All Districts)
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September 14, 2021
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of September
8, 2021. (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 August 12, 2021 and September 1, 2021 pursuant to
Florida Statute 136.06. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint a new alternate member to the Collier
County Code Enforcement Board, and to reclassify a current alternate
member as a regular member. (All Districts)
2) Recommendation to appoint 2 members to the Golden Gate City
Economic Development Zone Advisory Board (District 3)
3) Recommendation to approve a Second Amendment to a Retention
Agreement for Legal Services with Woods Weidenmiller Michetti
Rudnick, LLP, extending the term of performance and increasing its
hourly rates for the first time in ten years. (All Districts)
4) Recommendation to approve a Stipulated Order of Taking and Final
Judgment in the amount of $96,200 with pro se Respondents for the
taking of Parcel 219FEE required for the Vanderbilt Beach Road
Extension Project No. 60168. (All Districts)
5) Recommendation to approve a Stipulated Final Judgment in the
amount of $77,500 plus $18,664 in statutory attorney and experts’
fees and costs for the taking of Parcel 1118FEE, required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
6) Request by the Housing Finance Authority of Collier County for
approval of resolutions authorizing the Authority to issue revenue
bonds for the acquisition and rehabilitation of Brittany Bay
Apartments Phase I and Phase II, an affordable housing rental facility
located at 14815 Triangle Bay Drive and 14925 Lighthouse Road,
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September 14, 2021
respectively. (All Districts)
7) Recommendation to reappoint two members to the
Historic/Archaeological Preservation Board. (All Districts)
8) Recommendation to approve a Stipulated Final Judgment in the
amount of $150,000 plus $36,746 in statutory attorney and experts’
fees and costs for the taking of Parcel 1225FEE/DE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
9) Recommendation to approve a Stipulated Final for the taking of
Parcel 1234FEE (All Districts)
10) Recommendation to approve a Stipulated Final Judgment in the
amount of $139,500 plus $26,336.77 in statutory attorney and
experts’ fees and costs for the taking of Parcel 1105FEE required for
the Vanderbilt Beach Road Extension Project No. 60168. (All
Districts)
11) Recommendation to approve a Stipulated Final Judgment in the
amount of $119,500 plus $26,325.77 in statutory attorney and
experts’ fees and costs for the taking of Parcel 235FEE required for
the Vanderbilt Beach Road Extension Project No. 60168. (All
Districts)
12) Recommendation to approve a Stipulated Final Judgment in the
amount of $117,500 plus $29,939.96 in statutory attorney and
experts’ fees and costs for the taking of Parcel 1120FEE required for
the Vanderbilt Beach Road Extension Project No. 60168. (All
Districts)
13) Recommendation to approve a Stipulated Final Judgment in the
amount of $170,000 plus $34,545.80 in statutory attorney and
experts’ fees and costs for the taking of Parcel 1183RDUE required
for the Vanderbilt Beach Road Extension Project No. 60168. (All
Districts)
14) Recommendation to approve a Stipulated Final Judgment in the
amount of $199,000 plus $53,429 in statutory attorney and experts’
fees and costs for the taking of Parcel 1197RDUE, required for the
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September 14, 2021
Vanderbilt Beach Road Extension Project No. 60168 (All Districts)
15) Recommendation to approve a Stipulated Final Judgment in the
amount of $113,000 plus $21,942.07 in statutory attorney and
experts’ fees and costs for the taking of Parcel 1115FEE required for
the Vanderbilt Beach Road Extension Project No. 60168. (All
Districts)
16) Recommendation to approve a Stipulated Final Judgment in the
amount of $106,300 plus $20,200.88 in statutory attorney and
experts’ fees and costs for the taking of Parcel 1117FEE required for
the Vanderbilt Beach Road Extension Project No. 60168. (All
Districts)
17) Recommendation to approve a Stipulated Final Judgment in the
amount of $172,500 plus $41,966 in statutory attorney and experts’
fees and costs for the taking of Parcel 1217FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
18) Recommendation to approve a Stipulated Final Judgment in the
amount of $107,000 plus $21,728 in statutory attorney and experts’
fees and costs for the taking of Parcel 1209FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
19) Recommendation to approve a Stipulated Final Judgment in the
amount of $120,000 plus $49,964 in statutory attorney and experts’
fees and costs for the taking of Parcel 1220FEE, required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
20) Recommendation to approve a Stipulated Final Judgment in the
amount of $125,000 plus $30,413 in statutory attorney and experts’
fees and costs for the taking of Parcel 226FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
21) Recommendation to approve a mediated Settlement Agreement and
Mutual Release and Addendum to Settlement Agreement and Mutual
Release in the lawsuit captioned Collier County v. West Construction,
Inc. and Philadelphia Indemnity Insurance Company, Case Number
11-2021-CA-00783, concerning the County’s claim for damages
involving the delay in completing the construction of the general
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September 14, 2021
aviation terminal facility at the Marco Island Executive Airport, and
to authorize the Chair to sign the attached mediated settlement
agreement. (District 1)
22) Recommendation pursuant to Collier County Resolution No. 95-632,
that the Board of County Commissioners authorize the County
Attorney to help select and retain outside counsel to represent Code
Enforcement Director, Michael Ossorio, Cristina Perez, and John
Fuentes, who are all being sued in their individual capacities in the
case styled Foggs Investments, LLC and Stanley R. Fogg, Jr. v.
Michael Ossorio, Cristina Perez, and John Fuentes, Case No. 20-CA-
2390, Twentieth Judicial Circuit, Collier County and to exempt the
selection of outside counsel from the competitive process as permitted
under section eight, subsection seven of the Collier County
Purchasing Ordinance No. 2017-08 as amended. (All Districts)
23) Recommendation to appoint a member to the County Government
Productivity Committee. (District 1)
24) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled William Kenney v. Collier
County Board of Commissioners, (Case No. 21-CA-1265), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida, for the sum of $75,000. (All Districts)
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
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A. Recommendation to adopt resolutions approving the preliminary assessment
rolls as the final assessment rolls, and adopting same as the non-ad valorem
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September 14, 2021
assessment rolls for purposes of utilizing the uniform method of collection
pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal
Service Benefit Units, Service District No. I and Service District No. II,
Special Assessment levied against certain residential properties within the
unincorporated area of Collier County, the City of Marco Island, and the
City of Everglades City, pursuant to Collier County Ordinance 2005-54, as
amended. Revenues are anticipated to be $29,894,400. (All Districts)
B. A Resolution of the Board of County Commissioners proposing
amendments to the Collier County Growth Management Plan (GMP),
Ordinance 89-05, as amended, to create the Private Property Rights Element
as required by state law; and furthermore, Directing transmittal of the
Amendments to the Florida Department of Economic Opportunity.
[PL20210001793]. (All Districts)
C. 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. A Resolution of the Board of County
Commissioners proposing Evaluation and Appraisal Review (EAR)
amendments to the Collier County Growth Management Plan (GMP),
Ordinance 89-05, as amended, specifically amending the Conservation and
Coastal Management Element to address sea level rise, and update
nomenclature, and furthermore, directing transmittal of the proposed
amendments to the Florida Department of Economic Opportunity.
[PL20210001271]. (All Districts)
D. Recommendation to approve ordinance amending Ordinance No. 2019-01,
the Floodplain Management Ordinance, to allow the interior portions of
enclosed areas below elevated buildings and structures to be temperature-
controlled. (All Districts)
E. Recommendation to adopt a Resolution amending Schedules One, Two,
Three, Four, and Five of Appendix A to Section Four of Collier County
Ordinance No. 2001-73, as amended, titled the Collier County Water-Sewer
District Uniform Billing, Operating, and Regulatory Standards Ordinance,
amending proposed rates for water, wastewater, irrigation quality water,
wholesale potable water, and miscellaneous service charges with effective
dates of October 1, 2021, October 1, 2022, and October 1, 2023. (Amia
Curry, Manager, Public Utilities Financial and Operational Support) (All
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September 14, 2021
Districts)
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
FY20-21 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.
September 14, 2021
Page 2
CHAIRMAN TAYLOR: Good morning. Welcome to our
meeting, our first meeting after our summer break. Make no
mistake, we have been working for you, but here we are today
meeting and discussing some matters that need to be discussed
publicly.
And so on that, I'd like to invite Pastor Tim Reed of the Fairway
Bible Church to give us our invocation, and then I would like
Commissioner LoCastro to lead us in the Pledge of Allegiance. And
then after that we are going to hear from Captain Christopher Spencer
of the North Naples Fire Department who is going to say a few words
about 9/11.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE GIVEN BY
PASTOR TIM REED OF FAIRWAY BIBLE CHURCH
PASTOR REED: Before I pray, I would just like to say I may
be prejudice, but I believe Collier County to be the best county in
America, and I appreciate your service and your development of it in
keeping it that way.
Let's pray together.
Heavenly Father, we thank you for your great love for us.
Father, we thank you for your blessing. Father, we thank you for
your power and your grace in our lives. And, Father, I pray today
for these dear people, God, that have committed their lives in public
service to this county and, Lord, I pray that you would give them
strength and power and wisdom and knowledge, Father, beyond
themselves.
And, Lord, we just pray that in this time, God, that as our
country and as our county, Lord, that we would learn to love one
September 14, 2021
Page 3
another and, Father, that we would not let the differences in our
beliefs and opinions divide us but, Father, that you unite us so that we
could stand strong together.
Father, we just ask today and we pray over Collier County.
God, we pray for your healing. We pray, dear God, for your strength
in these times of COVID-19. Lord, we just pray that you would
continue to lead and guide us through this difficult time in our
history. And so, Father, we know that with you all things are
possible, and we believe and, Father, we pray this in the name of your
son, Jesus Christ. Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN TAYLOR: Captain Spencer.
CAPTAIN SPENCER: Good morning, everyone. Thank you
for the privilege of standing before this commission who worked for
a long time to actually create the Freedom Memorial. Before it was
the Freedom Memorial, it was just a piece of swamp land, pretty
much, and now it is a beautiful place of solace and remembrance that
I encourage everybody to go to. It's at the intersection of Golden
Gate Parkway and Goodlette Boulevard [sic]. And we've just done a
ceremony, once again, this year.
9/11 has a special place in my heart. It's a painful part of my
heart. I am a retired New York City firefighter, and everybody that I
worked with on my truck perished on that day. Now, when I look
back on that and I still feel the pain, I look at the 20 years that have
transpired since then, and I look at all the men and women that have
served our country valiantly, bravely, as well as the firefighters and
police officers and EMS who ran into the towers on that day and the
people on the flight that crashed into the Pentagon and in Shanksville
in the field, and these are true Americans. These are the people that
we work hard every day to honor their names, to honor the work that
they did, to honor the unselfishness of giving of their lives to protect
September 14, 2021
Page 4
our country.
You know, one of our old presidents had said, ask not what my
country can do for me but what I can do for my country. I think we
all have that responsibility, and with the state of affairs, with all this
bickering and yelling going on through the media an d everything else
that you see everywhere, it's time to put it down.
It's time to rise up. Rise up like the Freedom Memorial out of a
piece of swampland, like the beams of light at Ground Zero that go
up into the sky at night. Like the Statue of Liberty with her arm
raised and the torch lit. This is America, land of the free, home of
the brave, from sea to shining sea.
America never needed to be made great again. America has
always been great. And I believe in a kinder, gentler America, and I
think we all have our part to do as individuals. My PART is actually
an acronym meaning me and you, and the P is for patience, the A is
for acceptance, the R is for respect, and the T is for tolerance.
Respect one another, respect your police, respect your elected
officials, respect your firefighters, respect your neighbors, respect
yourself.
May God bless each and every one of you, thank you for the
opportunity, and may God bless America.
CHAIRMAN TAYLOR: Thank you.
(Applause.)
COMMISSIONER SAUNDERS: Madam Chair.
I want to thank you for those words. Very well spoken, very
meaningful. And I'd like for our court reporter, if you would type
those up, I'd like to have a copy of that. And I'm not sure if anybody
else would like that, but I think that --
COMMISSIONER SOLIS: Please.
COMMISSIONER SAUNDERS: -- you said it extraordinarily
well, and I just want to thank you for that.
September 14, 2021
Page 5
COMMISSIONER LoCASTRO: You know, as a veteran, I just
want to also add that it took 9/11 to really bring first responders and
Coast Guardsmen, and even the merchant marine and the military
together. I think we're always paddling in the same direction, but we
really became brothers and sisters. But I would also just remind
those veterans that are out there, 9/11 casualties didn't end on that day
or even a week after. I mean, they continued in some pretty harsh
areas and deployed locations where, you know, men and women in
the military were also sacrificing for, you know, the results of 9/11 in
New York and Pennsylvania and the Pentagon, so we're all linked in
that grief and in that tragedy and giving our lives for a greater cause.
And, you know, I share your grief. I lost quite a few people
during my deployments to Afghanistan. And so, you know, I
definitely can relate to what, you know, you're saying. They'll never
come back, but I'll never say they died in vain, so -- they served with
courage and dignity and honor and service, and they followed the
orders above them and saluted smartly, and that's what we're trained
to do. So we always run into the burning buildings, right? We
never run out.
But thank you for your service and for all those that you're here
representing.
CHAIRMAN TAYLOR: Thank you very much. And
Commissioner McDaniel, unfortunately, has been caught in a l ittle
traffic, but he will be in, so if you would be so kind to wait, and when
Commissioner McDaniel comes in, we are going to do a quick
photograph in front of the dais.
Thank you very much. Is he here? Okay. I got it.
COMMISSIONER LoCASTRO: Commissioner McDaniel
asked that we have a special meeting about traffic in the area and
how we can better -- I don't know. We got here, right?
CHAIRMAN TAYLOR: All right. Thank you very much.
September 14, 2021
Page 6
And so now we will go to the approval of the agenda and minutes.
And --
COMMISSIONER McDANIEL: Yes, I am here.
CHAIRMAN TAYLOR: There he is. So maybe before we
start that. Don't sit down, sir. Let's go into the front of the dais.
We're going to do a photograph.
COMMISSIONER McDANIEL: I heard ya. Sorry I'm late.
If you wouldn't be arguing with me about the road system, we'd have
a better way for me to get in.
(Photograph being taken.)
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - APPROVED AND/OR ADOPTED
W/CHANGES
MR. CALLAHAN: Commissioners, we have three proposed
changes to the agenda. The first two are to continue companion
items 9A and 9B to the September 28th, 2021, BCC meeting. These
are two public hearing items related to the Blue Coral Apartments
RPUD and the Immokalee Road interchange residential landfill GMP
amendment, and that's at the request of the applicant. The second is
one add-on item proposed; recommendation to approve an
amendment to the long-term lease and operating agreement for the
golf and entertainment complex with CCBSG Naples, LLC, also
known as BigShots, to extend their financing contingency period, and
that's at the request of Commissioner Saunders and will become
add-on Item 12A.
September 14, 2021
Page 7
And there are two time-certain items on your agenda. Item 10A
is to heard at 9:30 a.m. That's related to the U.S. Army Corps of
Engineers Coastal Risk Management Feasibility Study. And the
second time-certain is Item 10B to be heard no sooner than 1:00 p.m.
related to the Lake Okeechobee System Operating Manual being
developed by the Army Corps of Engineers and a letter supporting
Sanibel-Captiva Conservation Foundation and Lee County's position.
Reminder that you have court reporter breaks set for 10:30 a.m. and
2:50 p.m. That's all the changes we have.
CHAIRMAN TAYLOR: Unless we talk too much, right.
Welcome back, Terri. Thank you.
All right. So now we need -- well, let's do an approval of the
agenda as stated. Do I hear a motion?
COMMISSIONER SOLIS: So moved.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
Proposed Agenda Changes
Board of County Commissioners Meeting
September 14, 2021
Add-On Item 12.A.: Recommendation to approve an Amendment to the Long-Term Lease and
Operating Agreement for the Golf and Entertainment Complex (the “Lease”) with CCBSG Naples,
LLC (“BigShots”) to Extend the Financing Contingency Period. (Commissioner Saunders’
Request)
Continue Item 9A: *** This Item to be heard no sooner than 2:00 p.m. *** 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 of the Board
of County Commissioners of Collier County, Florida 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 Residential Planned Unit Development
(RPUD) zoning district for the project to be known as Blue Coral Apartments RPUD, to allow
development of up to 234 multi-family rental units, of which 70 will be rent restricted as affordable.
The subject property is located on the south side of Immokalee Road, approximately 1000 feet west
of Juliet Boulevard, in Section 30, Township 48 South, Range 26 East, Collier County, Florida,
consisting of 9.35± acres; and by providing an effective date. (PL20190001600) (This is a companion
to Item PL20190001620 Agenda Item 9B) (District 2)
Continue Item 9B: *** This Item to be heard no sooner than 2:00 p.m. *** An Ordinance of the
Board of County Commissioners of Collier County, Florida 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 adding the
Immokalee Road Interchange Residential Infill subdistrict to the Urban, Mixed Use district to
allow development of up to 234 multi-family rental units, of which 70 will be rent restricted as
affordable. The subject property is located on the south side of Immokalee Road, approximately
1000 feet west of Juliet Boulevard, in Section 30, Township 48 South, Range 26 East, Collier
County, Florida, consisting of 9.35± acres; and furthermore, directing transmittal of the adopted
amendment to the Florida Department of Economic Opportunity; providing for severability and
providing for an effective date. [PL20190001620/CPSS-2020-2] (This is a companion to Item
PL20190001600, Agenda Item 9A) (District 2)
Note:
Time Certain Items:
Item 10A to be heard at 9:30 am –The U.S. Army Corps of Engineers (USACE) Collier County,
Florida Coastal Storm Risk Management Feasibility Study
Item 10B to be heard no sooner than 1:00 pm –Lake Okeechobee System Operating Manual being
developed by the Army Corp of Engineers, and a letter supporting Sanibel Captiva Conservation
Foundation/Lee County’s position.
10/1/2021 10:52 AM
September 14, 2021
Page 8
Items #2B, #2C, #2D and #2E
JUNE 22, 2021 BCC MEETING MINUTES, JUNE 24, 2021 BCC
BUDGET MEETING MINUTES AND JULY 13, 2021 BCC
MEETING MINUTES – APPROVED AS PRESENTED
CHAIRMAN TAYLOR: Now we'll do the minutes. We have
the minutes for June 22nd, 2021; June 24th this year, 2021; and the
July 13th, 2021. All these are BCC minutes.
Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: Motion on the floor and a second.
All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Thank you.
MR. CALLAHAN: Madam Chair, is there any ex parte
disclosure needed for the consent agenda before we move from the
agenda minutes?
CHAIRMAN TAYLOR: That's true. Thank you very much.
So we'll start with Commissioner Solis. Let's start down at the other
end.
COMMISSIONER SOLIS: On the consent agenda and the
summary agenda, no -- nothing to disclose on either one and no
September 14, 2021
Page 9
changes to the agenda.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So we're talking about these
items here? I can go through this list right here.
CHAIRMAN TAYLOR: Yes, the -- yes.
COMMISSIONER LoCASTRO: Okay. So I'll just go through the
whole thing, right? Well, I guess the Blue Coral apartments, since
that's being tabled, right, does it matter if I say -- no, okay. It's being
continued.
Okay. Let's see. On the consent agenda, the Anthem Parkway,
no disclosure; Fiddler's Creek, Marsh Cove at Fiddler's Creek, I've
had meetings; Esplanade by the Islands, meetings; Isles of Collier
Preserve, past meetings and correspondence; Magnolia Square of
Naples, no disclosure; Golf and Country Club at Ave Maria,
meetings; Top Gun Paradise, no disclosure; Willow Run Quarry, no
disclosure; the BCI/BCP SSA 10, that, no disclosure; and on the level
rise and update, 17C, I've had meetings, correspondence, e-mails, and
phone calls. That's it.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Madam Chair.
I've had some communications and meetings in reference to 17C but
no other disclosures.
CHAIRMAN TAYLOR: Commissioner --
COMMISSIONER McDANIEL: McDaniel, in case you forget.
I was just late one time. One time.
CHAIRMAN TAYLOR: I did. I did. It's so nice to see you.
COMMISSIONER McDANIEL: It's good to be here. And I
have no disclosures on any of the consent or summary agenda items.
CHAIRMAN TAYLOR: Okay. Thank you.
We have continued Blue Coral Apartments, so I'll make my
disclosure at that time. Other than that, I have no disclosures for any
September 14, 2021
Page 10
of the items required on the consent or summary agenda.
All right. Do I hear a motion -- well, we should approve this,
correct?
MR. CALLAHAN: You should retake the motion, I believe.
CHAIRMAN TAYLOR: All right. We're going to
have -- make a motion to approve the summary and consent agenda
with the declared ex partes.
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: There's a motion on the floor and a
second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Thank you.
MR. CALLAHAN: Thank you, Madam Chair. That takes us
to today's proclamations.
Item 4A is a proclamation designating September 22nd, 2021, as
Falls Prevention Awareness Day in Collier County. The
proclamation will be mailed to Lauren Ware, Community Programs
Coordinator for Lee Health.
Item 4B is a proclamation designating September 2021 as
Payroll Awareness Month in Collier County. This proclamation will
be hand delivered to Crystal Kinzel, the Collier County Clerk of the
Circuit Court and Comptroller.
Item 4C is a proclamation designating September 15th through
September 14, 2021
Page 11
October 15th, 2021, as Hispanic Heritage Month in Collier County.
The proclamation will be presented to Commissioner Solis for
delivery to the Hispanic Council Foundation of Collier County,
Incorporated, and Council of Hispanic Business Professionals,
Incorporated.
Item 4D is a proclamation congratulating the Office of the
Consulate General of Mexico in Miami as they commemorate the
200th Anniversary of the Independence of Mexico. This
proclamation will be mailed to the Office of the Consulate General in
Miami, Florida.
And, finally, Item 4E is a proclamation designating
October 2021 as National Manufacturing Month in Collier County.
This proclamation will be mailed to Rob Harris, Executive director of
the Southwest Regional Manufacturers Association of Florida.
CHAIRMAN TAYLOR: So anything to add to this? Okay.
Do we have a motion to accept the proclamations as stated?
COMMISSIONER SOLIS: So moved.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: Motion on the floor and a second.
All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Thank you.
Item #16F1
September 14, 2021
Page 12
RECOGNIZING RYAN DAWSON, PUBLIC UTILITIES
DEPARTMENT, FACILITIES MANAGEMENT AS THE JULY
2021 EMPLOYEE OF THE MONTH – RECOGNIZED
MR. CALLAHAN: Madam Chair, Item 16F1 on your consent
agenda today was a recommendation to recognize Ryan Dawson of
the Public Utilities Department Facilities Management as your
July 2021 employee of the month. If you'd bear with me very
quickly, I would like to read a couple words about Ryan and why he
was named Employee of the Month.
CHAIRMAN TAYLOR: Is he here?
MR. CALLAHAN: I don't believe so, no, ma'am.
So Ryan is a Master Trades Worker in the Facilities
Management Division in Public Utilities and has been with the
county since 2016.
Ryan and just one other employee are responsible to complete
roughly 1,700 work orders a year maintaining and repairing the
Collier County fire systems. He's instrumental in the success of the
maintenance and project management sections every day by
coordinating repairs with vendors and fire inspector to pass
life-safety inspections in accordance with the National Fire Protection
Association Inspection Code. This work ensures that the county
facilities are not only code compliant but safe for everybody.
Ryan's work ethic, positive attitude, reliability, and willingness
to always make himself available is commendable and does not go
unnoticed. He performs his duties with the utmost professionalism,
always with the customers' well-being and the county's best interest
in mind.
So if you could please join me in congratulating Ryan as your
2021 -- or July 2021 Employee of the Month.
September 14, 2021
Page 13
CHAIRMAN TAYLOR: Great.
(Applause.)
CHAIRMAN TAYLOR: I was just doing a little mathematical
calculation, so help me everyone. If he does 1,700 work orders in a
year, how many is that a month? Is that 150?
MR. CALLAHAN: Give or take, yeah.
CHAIRMAN TAYLOR: Wow. He's a busy man.
MR. CALLAHAN: He is.
CHAIRMAN TAYLOR: Well deserved.
MR. CALLAHAN: We appreciate his service.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR SEPTEMBER 2021 TO NAPLES NETWORK
SERVICES – PRESENTED
MR. CALLAHAN: And the next item we can move to is
Item 5A, which is a presentation of the Collier County Business of
the Month for September 2021 to the Naples Network Services, and I
believe Troy has a video prepared.
(A video was played as follows:)
MS. BORDERS: Hi, I'm Michelle Borders, and this is my
husband, Kevin. And our company is Naples Network Services.
I'd like to thank the Naples Chamber and the Collier County Board of
County Commissioners for choosing us as Business of the Month.
MR. BORDERS: Naples Network Services is a full-service IT
company supporting hundreds of local businesses in the Collier
County and Lee County area. We work primarily out of our home in
and providing support for desktop PCs, Microsoft servers, Microsoft
Office 365, as well as Voice-over-IP solutions.
September 14, 2021
Page 14
MS. BORDERS: What a difference it's made being an example
of working remotely. There's been so many people that have begun
to work remotely in the past year and loved it and realized that they
can throw that laundry in the washer or dryer and get so much more
done during the day but still be very productive. No distractions,
very easy to focus, and it's just the best of both worlds.
Kevin does go to clients all the time, but I'm here taking the
phone calls, making the appointments, and going to the events after
hours. It's really the best paradise for working as far as I'm
concerned.
So to close, we'd like to thank you again for choosing us as
Business of the Month.
(The video concluded.)
CHAIRMAN TAYLOR: All right. Thank you very much.
Okay.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. CALLAHAN: Very good.
That will take us to Item 7 on your agenda, Madam Chair, which is
public comments on general topics not on the current or future
agenda.
Troy, I believe we have some registered speakers for that item.
MR. MILLER: We sure do, Sean. Our first speaker is CeCe
Zenti, and she will be followed by Dan Cook.
MS. ZENTI: Good morning.
CHAIRMAN TAYLOR: Good morning.
MS. ZENTI: Madam Chair, thank you for attending the Golden
September 14, 2021
Page 15
Gate memorial service on Saturday. We very much appreciated your
presence.
Commissioners, for the record, my name is CeCe Zenti, 4226
27th Court Southwest.
This morning I would like to draw your attention to House Bill
403 recently passed in Tallahassee and effective July 1 of this year.
This legislation addresses residences that also serve as businesses,
Section 559.995 in the Florida code.
Not all that long ago on 44th Street Southwest, two residences
were doing business at their houses. One was a car detailing
business and the other a car repair shop. Both had employees and
had cars parked everywhere. Luckily both are now gone. The
houses are falling down ugly; that's my term.
The language added to the Florida code, HB403, prohibits local
government from taking certain action relating to licensure and
regulation of home-based businesses. Had this language been in
effect, these businesses, with a few modifications, could still be
operating on 44th Street Southwest.
As I read the language, I could easily figure out how to comply
with state law and still run these businesses in this neighborhood.
Collier County Code Enforcement Department faces many
challenges, and as secretary of the Golden Gate Civic Association,
we appreciate the open dialogue we have with Cristina Perez. We
know how short staffed they are, just to name one challenge.
As you know, and we also know, comments regarding HB403
need to be directed to the Florida State House and Senate, which we
will do.
Code enforcement is critical to our county and definitely to our
community in Golden Gate, especially as we begin the rejuvenation
needed in our area. We look forward to improvements already
underway and want to ensure steady progress.
September 14, 2021
Page 16
The civic association as well as the Golden Gate Economic
Development Advisory Board want our community to remain
peaceful, beautiful, and friendly for all who reside or visit.
In the coming weeks, we will keep you apprised as we move forward
on several pending code issues in our community that are and have
been ongoing for a long time.
Thank you and welcome back.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Next speaker is Dan Cook. He will be
followed by Meredith Budd.
MR. COOK: Good morning, Board. Good morning, Madam
Chair. Thanks for the opportunity to speak today.
Last time we were here, I believe before the summer break, the
Board passed the Bill of Rights resolution insinuating that the Board
is going to stand behind our rights enumerated in the Bill of Rights.
That is incorrect? Mr. Solis is shaking his head no. You didn't pass
a resolution?
CHAIRMAN TAYLOR: No.
MR. COOK: No.
CHAIRMAN TAYLOR: The county Bill of Rights?
MR. COOK: We had -- the Bill of Rights ordinance was voted
down, and then I thought that a Bill of Rights resolution was passed.
COMMISSIONER SOLIS: Oh, the resolution, I'm sorry.
You're right.
MR. CORNELL: Correct.
COMMISSIONER SOLIS: I apologize.
MR. COOK: So -- that's okay.
CHAIRMAN TAYLOR: The restatement of what we all swear
to when we're first elected as commissioners.
MR. COOK: Right, right. So I wanted to come up here and
thank the Board for passing the resolution --
September 14, 2021
Page 17
CHAIRMAN TAYLOR: Okay.
MR. COOK: -- and for putting your word out there that you
will stand by our Bill of Rights.
The Bill of Rights includes many rights, you know. It's not just
the right to free speech, the right to religion, the right to bear arms,
but it's also the Fourth Amendment, your right to privacy, it's your
Fifth Amendment, Sixth Amendment, due process rights.
But I'm up here to speak today about the Tenth Amendment, and
I'm just curious how the Board intends to enforce our rights under the
Tenth Amendment. So, as I'm sure you know, the Tenth
Amendment is in regard to state sovereignty and the limitations on
the federal government. So it starts off by saying, the powers not
delegated to the United States by the Constitution are -- or prohibited
by it, meaning the Constitution to the states, are reserved to the states
respectively and to the people.
So I'd like to break that down. And it starts off by saying the
powers not delegated to the United States. So let's look at the
Constitution. What powers are delegated to the United States by the
Constitution? You'll find that in Article I, Section 8.
So from my understanding of the wording in the Tenth Amendment,
anything that is not listed there in Article I, Section 8, is reserved to
the states and to the people. And I think that the Tenth Amendment
is a very powerful tool for local governments, for state governments,
for the people to act as a barrier to federal overreach. And we see a
lot of federal overreach, you know, by both political parties, by
several different administrations over the years. And I really just
want to reiterate the importance of having a strong local government,
a strong constitutional sheriff, a strong state government who will
have a very thorough understanding of what is specifically listed
there in Article I, Section 8. Remember the powers that are
delegated to the federal government. Anything outside of that scope
September 14, 2021
Page 18
of duties is clearly, as articulated in the Tenth Amendment, reserved
to the states and to the people.
So I just wanted to bring that up and discuss that publicly, and
I've got 10 seconds left. I wanted to throw out this idea of possibly
creating a Tenth Amendment advisory board. I know -- I was here
at the Coastal Advisory Board meeting last week, and this idea just
came to me of possibly having a Tenth Amendment advisory board.
So I'll speak with you guys about this again in two weeks.
MR. MILLER: Your next speaker is Meredith Budd. She'll be
followed by Brad Cornell.
CHAIRMAN TAYLOR: Thank you.
MS. BUDD: Good morning, Commissioners. Meredith Budd
on behalf of the Florida Wildlife Federation.
As you know, the Rural Lands Stewardship District Area
Program is designed to incentivize preservation of the most
environmentally sensitive lands that include large connected habitats
and that are important for listed species. The -- on private lands, I
will add.
So the Collier County Mosquito Control District expansion is
going to include areas of the RLSA, which it should, since
development's going to be there, but it's also including SSAs, the
Stewardship Sending Areas, which are preserved for public interest
and conservation value.
With that in mind, it's inappropriate for the Mosquito Control
District to treat those under general operations without special
consideration. According to the Florida Statute, a stewardship
easement is -- for here in Collier County is jointly held by the county
Department of Environmental Protection, FDACS, or the Water
Management District. In Collier County, the current stewardship
easements, I believe, are held by FDACS.
So while the SSA is technically private, it actually is held jointly
September 14, 2021
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by government entities, so it has a public interest. They have high
environmental value, and the public interests have a stake in these
privately owned lands. To ensure protection of environmentally
sensitive lands on public lands, the Mosquito Control District statute
notes that it needs to have an arthropod management plan to protect
those lands under general -- under their operations.
The statute also speaks to ensuring that private lands that are
environmentally sensitive are also done in a proper way. So the
Federation and my colleague, Brad, with Audubon will speak after
me, we'll recommend that the county work with the Mosquito Control
District to ensure that they are working with the landowners and there
are requirements that the Stewardship Sending Areas are considered
thoughtfully and have Arthropod Management Plans so that those
operations are done consistent with what the -- why those areas are
being protected in the first place for public interests.
Aside from the SSA issue, there also seems to have been a major
oversight with Conservation Collier lands throughout Collier County.
The Mosquito Control District did not communicate with
Conservation Collier about the expansion. They found out about it
when myself and my colleague, Brad, notified them that their public
lands would be included in the expansion.
And not only that, but all of the existing Conservation Collier
lands within the current boundary have not had those Arthropod
Management Plans in coordination with Mosquito Control as it's
required by the Florida Statute. So the Florida Statute, like I said
before, requires Mosquito Control to have Arthropod Management
Plans for public owned lands, conservation lands.
Mosquito Control District has never worked with Conservation
Collier. There is not any Arthropod Management Plan for our
current Conservation Collier lands in the current boundary. That is a
huge oversight that's been operating outside of the Florida Statute
September 14, 2021
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requirements.
So I request you to discuss this, see if there's ways that we can
incorporate rules for not only Conservation Collier to have Arthropod
Management Plans and work with the Mosquito Control District but
also how SSAs can move forward with that protection as well.
Thank you so very much.
MR. MILLER: Your final speaker on Item 7 is Brad Cornell.
MR. CORNELL: Good morning, Commissioners, Madam
Chair. Thank you very much for the chance to address you.
I'd like to follow up on Meredith Budd's topic of the Collier Mosquito
Control District expansion.
Audubon, as you may remember from the July 13th hearing, was
opposed -- we remain strongly opposed to the expansion of that
district to include large public conservation lands, and that is based
on science. Our science staff throughout the state of Florida, Dr.
Clem, Dr. Korosy, Dr. Gray, and Dr. Lorenz, as I shared in July, are
strongly opposed to this. The reason is it's -- the mosquito larvae
that are part of the food web are very important for the ecological
function of these public conservation lands and ecological integrity.
And that -- it's not just mosquito larvae; it's also flies, butterflies,
beetles. These are all arthropods. And so when you talk about
arthropod control, we need to be looking very carefully at that food
web.
It's not necessary, we believe, to include these tens of thousands
of acres of public conservation land, including the 74,000 -acre
Picayune Strand State Forest with its CERT project. The largest
ecological restoration project in all of Everglades restoration has been
included in this. There's a better way to do this, and Meredith Budd
has shared this, and I'll share it again with you. The better way to do
this is for the District to establish side agreements that they can go
into discrete areas for treatment if they're adjacent to urban areas.
September 14, 2021
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Nobody's living in these large public conservation lands, but if
they border an urban area, then the Mosquito Control District can
make a side agreement. An example of that is what they've done at
Delnor-Wiggins State Park. I moved here in 1992. It used to be
followed by clouds of mosquitoes when you went to that park. Now,
I went there over Labor Day weekend, I found no mosquitoes, and
that's because the Mosquito Control District is doing larvicide in that
park.
Now, that's a good example, and it's also a cautionary tale.
That kind of destruction of all of the mosquitoes and their larvae is a
problem in public conservation lands. Obviously, it's a good thing
where you have lots of people, like in the state park at
Delnor-Wiggins which is surrounded by development, but not in
Picayune Strand State Forest, Rookery Bay, Collier-Seminole State
Park. You get my point.
So I'm suggesting to you that we have a better way to do this,
and I'm asking you all, collectively or individually, to contact our
Collier legislative delegation because in order to effectuate the
expansion they need to get a bill passed to change their charter. And
we don't support this unless they take out those public conservation
lands. Then it's clear we need to expand to cover populated areas.
That makes a lot of sense.
So I would ask you to consider contacting our delegation
members to oppose this until that is changed. Thank you very much.
CHAIRMAN TAYLOR: Thank you.
Do we have any desire to -- understanding the Mosquito Control
has come before us and asked for our consent to bring this to the
legislative delegation. But perhaps this would be the same topic but
maybe a different subtopic which would be to discuss publicly held
lands and their methods of not -- not putting Mosquito Control and
not going against the Florida Statute.
September 14, 2021
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I'm sorry. I've got two people in front of me, and I'm talking
away. Commissioner Solis, let's do Commissioner Saunders first.
COMMISSIONER SAUNDERS: I had met with Meredith
Budd, and we had a conversation concerning this. And I initially did
not share her concerns, but I think I do at this point.
You know, I do a lot of walking on some of the CREW trails
and things like that, and I've noticed over the years just almost no
insects, which is really kind of strange when you're out in the woods.
And so I know we have a serious problem with pollution, and I
think that it would be important for us to reevaluate our position on
the expansion of the boundary. I know we've already passed a
resolution or taken action to support the Mosquito Control District,
but I think we need to take a look at the issues that Brad and
Meredith Budd have raised concerning what's going to happen on
these very sensitive areas.
So I would suggest the legislature's obviously -- they're
beginning committee meetings now, and I'm sure there's going to be a
local bill for the Mosquito Control District. I think this would be the
right time to have our staff bring this back and have us kind of
reevaluate that, so I'd like to see us do that.
CHAIRMAN TAYLOR: All right.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I certainly would be
pleased to discuss it, but I don't want to discuss it without the
Mosquito Control here.
CHAIRMAN TAYLOR: No, no, no.
COMMISSIONER McDANIEL: Well, I'm expressing my
personal opinion on how things ought to be done.
We've already, in fact, voted on this. There are and have been
concerns that are raised. I'm quite happy to not see that cloud of
mosquitoes following me around when I'm stomping the swamp.
September 14, 2021
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But there are environmental concerns that do travel along with that.
And so I think -- I actually wrote in my note here that maybe
suggested we have a workshop with the NGOs and the fol ks from
Mosquito Control to discuss all of the potential alternatives in order
for us to come up with a decision. Necessarily hearing from both
sides. I mean, obviously the concerns have been raised.
But I'd, in short, be pleased to do that. And maybe in a
workshop format. I mean, we really can't take any votes at that
particular stage, but it is something that we should talk about before it
moves too far down the path.
CHAIRMAN TAYLOR: Okay. Commissioner Solis.
COMMISSIONER SOLIS: And I agree. What jumped out at
me was the statement that somehow we haven't been complying with
Florida law in terms of some of the conservation lands. I mean, if
that's -- I think we heard about the arthropod plans in the Picayune,
and some of that -- some of that issue, I think we already heard from
when we -- when the Mosquito Control District was here, but -- so I
would ask that we get some memo or an opinion from the County
Attorney about this issue of whether or not we actually have been
complying or do we need to comply in some other way and invite the
Mosquito Control District back to talk about these issues, because
that seems like a new issue to me, and if it's not a new issue, I'm -- I
didn't pick that up last time, so...
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I mean, I just wanted to add
and say I don't think anybody up here -- I mean, I can't speak for
everybody up here, but I feel pretty confident in saying this:
Nobody here is trying to overspray environmental areas. But
that -- the map of Mosquito Control hasn't been looked at in a while,
and we have added so many residential areas.
So, you know, Meredith, you know, you put it perfectly there
September 14, 2021
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and, actually, you know, your colleague there as well; some of the
areas that have cropped up here over the years and have grown, the
map hasn't caught up. So I think, you know, spraying thousands of
acres out in the middle of nowhere, you know, if you want to go out
there and walk around and enjoy nature, that's what bug spray's for.
But, you know, those areas that butt up against residential
communities that have popped up here over the years and the map
hasn't caught up, I think it's a no brainer that we have to at least
address that, and I think everybody's saying the same thing.
So I agree with what's being said up here. You've got to get
everybody in one room instead of sort of, you know, one group
talking and then we get a map and then the map's not right and all
that. Let's not kick the can on this. The mosquitoes, you know,
they're not going to get -- they're going to get better as temperatures
drop here, but we've got to attack this thing and get the new map, you
know, before the season really, really kicks in.
So I think we're all paddling in the same direction but, you
know, let's get this thing on the calendar sooner than later. But I also
echo what Commissioner Solis said. If we're violating anything and
there's, you know, real evidence, you know, of that, and maybe it's,
you know, without our knowledge or what have you, then that needs
to be the number-one issue. You know, we'll draw the map after
that. But, you know, I think we take it upon the staff here to figure
out the most aggressive way to get all the right people in the room,
and I think we're all going to be paddling in the same direction, so...
CHAIRMAN TAYLOR: So what I'd like to suggest is
that -- and I believe, County Attorney, would this be
considered -- this would be considered new -- a new subject, correct?
Am I incorrect?
MR. KLATZKOW: Well, no. I mean, if you want to direct
my office to look into this, we'd be happy to. We don't need an
September 14, 2021
Page 25
executive summary for this.
CHAIRMAN TAYLOR: This is not a reconsideration, or it is a
reconsideration?
MR. KLATZKOW: No. I mean, if you'd like us to look into
it, we'd be happy to.
CHAIRMAN TAYLOR: Well, we're going to have a hearing
on it. We're going to have public testimony and bring everybody in
the room. That is the wish of us all up here, besides asking you to
do the research.
MR. KLATZKOW: Yes, that's fine.
CHAIRMAN TAYLOR: Okay. So I would like to suggest we
put this as an agenda item on a meeting so that we can take action on
it. I think that's critical.
The state is in committee meetings right now, so we need to
really move this forward to be fair to the Mosquito District who came
to us before our break.
MR. CALLAHAN: We can reach out to Mr. Lynn, who's the
Executive Director of Mosquito Control, and let him know that this
will be on a future agenda in the meantime.
CHAIRMAN TAYLOR: Thank you very much.
COMMISSIONER SAUNDERS: Madam Chair, before we
move on to the regular agenda -- I think that's where you were getting
ready --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SAUNDERS: We did have one other issue
that was brought up by Mr. Cook concerning a First Amendment
advisory board, or, I'm sorry, Tenth Amendment advisory board. I'm
not sure what that would be, but I'd like to have the County Attorney
meet with Mr. Cook, even if it's over the telephone or however, get
some detail as to what he is talking about so at least we can consider
that request as well. I know we usually don't talk about or take up
September 14, 2021
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issues that are raised in these public comment things, but we did that
with the Mosquito Control District, and I think, in fairness, let's go
ahead and do the same thing, if you don't mind, Madam Chair and
Board.
CHAIRMAN TAYLOR: No.
COMMISSIONER SAUNDERS: Let's just have the County
Attorney have a discussion with Mr. Cook; let's see what it is that
he's proposing. We wound up with a bit of a compromise on the
other issue, which is we weren't going to approve the sanctuary -- Bill
of Rights Sanctuary County ordinance, but we did indicate our
support of the protections in the Constitution, and I think this may be
something that we can work on as well.
CHAIRMAN TAYLOR: Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Since we're going around on
things that we usually don't talk about here, I want to make it very
clear, because our first speaker, the secretary of the Golden Gate
Civic Association, I think -- oh, there you are in the back. It's been
brought to my attention that that statute that wa s -- that bill that was
passed last year does not supersede our existing zoning regulations.
There has been some hesitancy in interpretation by some of our staff
with regard to moving on home-based businesses, which are
supposedly being -- being incentivized. But that -- that House bill
does not supersede our existing zoning regulations.
So I just want to -- I wanted to say that out loud, because I've
had several -- Golden Gate Estates has a lot of home-based business
operations, and that House bill doesn't just all of a sudden make those
activities legal per our current zoning code.
So I spoke with our County Attorney about this yesterday, and
we -- that bill doesn't automatically overturn our local zoning
ordinance, so...
September 14, 2021
Page 27
CHAIRMAN TAYLOR: So you are thinking that the County
Attorney could write his opinion on it? Or you tell me.
COMMISSIONER McDANIEL: I didn't ask him to write an
opinion. Basically -- well, you want to tell them what you told me,
Jeffrey?
MR. KLATZKOW: We'll get a code complaint. We will
investigate the code complaint. If there's a violation of the LDC,
you know, we will prosecute, and until I get a judge that tells me that
we can't prosecute, we will continue that.
CHAIRMAN TAYLOR: Home rule. Thank you.
All right. Thank you very much.
Item #10A
DISCUSSION REGARDING THE PROPOSED LAKE
OKEECHOBEE SYSTEM OPERATING MANUAL BEING
DEVELOPED BY THE ARMY CORP OF ENGINEERS, AND
APPROVE A LETTER SUPPORTING SANIBEL CAPTIVA
CONSERVATION FOUNDATION/LEE COUNTY’S POSITION -
MOTION TO APPROVE SENDING THE LETTER PROPOSED IN
THE AGENDA PACKET – APPROVED
MR. CALLAHAN: Commissioners, that will take us to our
first time-certain item to be heard at 9:30, recommendation that the
Board of County Commissioners direct that the county does not move
forward with the U.S. Army Corps of Engineers Collier County
Coastal Storm Risk Management Feasibility Study and thanks the
Corps for their efforts. This was added to the agenda at the Chair's
request, so I'll turn it over to you, ma'am.
CHAIRMAN TAYLOR: Thank you very much.
I sent, during our break, latter part of break, an executive
September 14, 2021
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summary -- I believe you've all seen this -- as my concerns and my
decision not to support the Army Corps of Engineers' feasibility
study for Collier County. This has never and is not intended to say
they did a bad job. The Corps did an extraordinary job. They did
what they were asked for -- asked to do by staff, maybe a little bit
more than any of us expected. But they did, they did it
professionally, they did it within the time frame they were given to
do it.
And because the Corps' main purpose is flood protection, that's
how they looked at Collier County. Unfortunately, they left out
many areas in Collier County, pitting the neighborhoods against
neighborhoods. They brought us to a position -- and, Troy, if you
could get their final -- in their presentation in April that despite
spending $2 billion, 35 percent of that money, I think it's about
$750 million, would be spent by Collier County in this.
The recommended residual risk is that it reduces the risk by
36 percent. That's a lot of money to spend for 36 percent success
rate.
What we have done as a community in response to it is we have
created two stakeholders committees. One of them would be a
technical task force. The other one is the stakeholders. We had an
initial meeting. It was in the height of the summer, of course. And
having that, of course, some folks were not here. But subsequent to
that, I really had a -- I've done my -- I've done my homework and my
research, and I am going to bring some folks forward before we hear
from our public speakers to explain what I heard over the summer,
what I was told, and then we will go to the speakers, Mr. Miller, and
then we will have our discussion here.
Please feel -- at any time the speakers that are going to come
forward can be questioned. This is a public forum, and I think this is
of great concern to everyone within our community.
September 14, 2021
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So at this point, I think I would like to bring forward
County -- Deputy County Manager Patterson to just give us an update
of where we are with the Army Corps plan and what has transpired.
It is a moving -- it is moving, and it's evolving, and I think it's
important to bring this to everyone's attention.
MS. PATTERSON: Good morning. Amy Patterson, for the
record.
To follow up with what Commissioner Taylor was explaining,
recently we've been informed by the Army Corps that they are having
to relook at the cost benefit specifically and, therefore, the projects
that were included in the feasibility study.
As we're experiencing throughout the country and here locally,
there have been pretty rapid escalations in costs, construction costs
and other costs related to projects. Because of that, as we have
discussed before, cost benefit is one of the most important aspects of
this project and the ability to put federal funds on a project.
If you can't meet cost benefit, then they can't spend federal
funds, and that was woven into the discussions about areas that were
not receiving the same protections as others, in part due to the cost
benefit.
So because of that, the Corps was scheduled to make a
presentation to the City of Naples at the end of August which they
asked to be delayed because of this reexamination of the feasibility
study and the projects. Anything that they went in front of the
council that they had talked to us about before could clearly be
outdated. It could be greatly changed.
So now we're awaiting some further correspondence and
direction from the Corps on what the upper echelons of the Corps, the
upper management, what direction they're going to give, what
direction they're going to go. Is there further analysis needed?
Does this mean a substantial change in the feasibility study? Does it
September 14, 2021
Page 30
mean that some of those most expensive and those most controversial
elements, like the walls and floodgates, may no longer be a factor?
Could we be looking at a beaches-only type of study? All these
remain unanswered at this point in time, and this is all fairly new
information over the last several weeks has been evolving.
So that brings you up to speed on where we are. We don't have
something to vote on today. We don't have something even to
accept today. We were expecting a chief's report in October. That
is not happening. So here we sit in wait for the Corps to be able to
give us their best information as it becomes available to them.
CHAIRMAN TAYLOR: Thank you very much.
MS. PATTERSON: You're welcome.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you, Madam Chair.
I'm going to take a page out of Commissioner Saunders' book.
When we have something that comes up here, and he has the
expertise from his time in Tallahassee, and he's says, you know, I'd
like to take some poetic license and add a little something -- and I
mean it in a good way -- I want to do the same thing.
I'll go out on a limb here and say, I have more experience with
the Army Corps of Engineers than everybody in this room combined,
possibly. Maybe there's a couple in the back, but I think I'm in the
top three from my 24 years in the military.
Let me separate rumor from fact for you. Before everybody
comes up here and comes to the podium and doesn't want walls and
moats and all these crazy things that, you know, they saw a little
tidbit on social media, and they're screaming from the rafters that we
don't want to do that to our county, let me separate rumor from fact.
The Army Corps doesn't come in here and give you a plan. They
don't give you blueprints. They don't bring in bulldozers. This is a
feasibility study. It's analysis. I've done dozens of these at my
September 14, 2021
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military bases, in Afghanistan, in Washington, D.C. after 9/11. The
Army Corps comes in and gives you the benefit of their experience.
Oftentimes their analysis is, if money was no object, here's some
crazy things that you can do. What we're looking for is just their
final report. There's nothing to vote on. I don't think anybody up
here wants to wall the City of Naples or Collier County, and that's not
what we're voting on.
And I just think it would be extremely irresponsible to take a
three-year study that has spent probably millions of dollars of
taxpayer money, and in the final -- you know, the final pieces here
when they're maybe at the 80 percent solution, not get the benefit of
the report.
Let me tell you, when they've done feasibility studies at my
military bases after 9/11, the reason why we rolled out the red carpet
for them and wanted them to tell us everything humanly possible that
they thought could be done at the base, we shot down 80 percent of it,
but what it gave us was knowledge.
You know, embedded in their report's going to be something
that's going to talk about a walled city, and we're going to laugh at
that and say, God, the juice isn't worth the squeeze. We're not going
to spend a trillion dollars of taxpayer money to make something
30 percent better. But I would hope we would sit in a room and go,
well, you know, the one big take away is, that that analysis is telling
us, is, wow, that is a very vulnerable area, so we're not going to
protect it with a walled city, but what could we do? Could we do
berms? Could we do vegetation? Are there things that are missing?
So it's an analysis. It's a study. It's not a plan. The Army
Corps of Engineers doesn't come in here and tells us to do anything.
We take their big, giant plan, and then we make the decisions. The
real -- the realistic thing is if you kick the Army Corps to the curb
when they're at the 80 percent finality solution, I can tell you it's
September 14, 2021
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going to be very hard to get them back here if we want them to do
stuff on Okeechobee, the Everglades, red tide, other type of
construction type of things. There's counties all over the country
right now that would kill to have the Army Corps of Engineers on
their soil doing anything for free to give us some analysis. All's
we're looking for is the final report. Then we will judge what to do
with it.
My understanding after meeting with our staff many times and
doing plenty of homework is that we are trying to steer them in a
direction to not waste their time and also to make sure that some of
the areas that we believe they've missed are not missed before they
pack up and go home.
But I'm here to tell you, be very careful about telling the Army
Corps of Engineers "thanks but no thanks," because they will pack up
quickly, and we will never be on their priority list. I know this as a
fact.
The other thing the report does for you is it allows you to chase
federal funds. So if we say no to the report, and they give us nothing
and then we realize we want to do something down the road, the first
thing the federal government says or something that actually is a
strong piece of air speed, you know, to use an Air Force term, to get
federal funds is waving the Army Corps' report, and not the whole
report, not the walled city report, but the stuff on Page 488 that talks
about some small changes that we actually possibly agree with. And
so if we don't have that report, the chance of getting federal funds for
anything is literally nil. It's zero.
So, you know, the rumor from fact here is we're not voting on
anything. We're not -- today isn't about do we like things in the
Army Corps' report? As far as I know, nobody has the report in their
hand. So what I think the conversation is, we want it. And they've
spent a lot of taxpayer money to get to this level. I mean, I was
September 14, 2021
Page 33
briefed yesterday on Gary McAlpin spent 12 years to try to get the
Army Corps here, and they're here. They've done three years' worth
of work, and then we're going to irresponsibly say, we've sort of read
your initial draft, and it's crazy, so you guys should just pack up and
go home. We won't want to do any of these things. I can tell you
that -- with the experience I've had with the Army Corps, you don't
want to do that.
And so I look forward to hearing the speakers, but I just wanted
to preface that so that if we get speaker after speaker saying, we don't
want a walled city, we don't want a walled city, we don't want the
plan. It's not a plan. It's a feasibility study. It's their analysis of
looking at Collier County the same way they did Andrews Air Force
Base when I was commander out there after 9/11, and they gave us a
thousand different recommendations on how you could secure the
base better to make -- to make us safer. And a lot of things in there
were pie-in-the-sky kind of things, but that's what they do, and then
you sit down as commanders or as elected officials, and then you take
that report as a starting point to then say, what should we do? Where
would the juice be worth the squeeze?
The Army Corps' not directional. They give recommendations,
and then it's up to us to decide if we want to move forward on
anything, and that report's going to be filled with all kinds of things.
So, I mean, I just preface it and say, I think we're speeding. I
think a lot of people that are, you know, speaking out in public and
stating facts have never worked with the Army Corps of Engineers.
I bet they've never touched an Army Corps of Engineer report. I
have, and I can tell you those things are gold, but you decide at the
end. But it gives you a lot of leverage to chase federal funds for the
things you think are realistic. And it also, you know, makes you
snicker at a couple of things and say, yeah, if money was no object,
maybe we would do that. But, in my estimation, you want them to
September 14, 2021
Page 34
complete their analysis, and that's all it is.
Everybody keeps saying this word "plan, plan, plan." It's not a
plan. It's analysis. It's a study. Look at the coversheet. It says
"feasibility study." It's just their analysis with their expertise looking
at Collier County. We screamed for 12 years for these guys to come
here. They came here.
CHAIRMAN TAYLOR: No, we didn't.
COMMISSIONER LoCASTRO: That's what I was briefed by
our own staff.
CHAIRMAN TAYLOR: We did not.
COMMISSIONER LoCASTRO: Well, I'll let Amy Patterson
come up here and either confirm the record or tell us that she was
lying to us.
But regardless, they're here now. We want to -- in my opinion,
you want them to finish the job and at least give you the report. And
we're telling the Army Corps right now we hate the report. Who's
got a copy of the final report right now? That answer would be
nobody.
We've seen little bits and pieces and little drafts, and what a
disservice to taxpayers that have had the Army Corps here for years
and then, you know, we kick them to the curb and say, eh, you're not
even done, but we're already smarter than you, and we don't need the
report. We're voting on having them finish the job, hand us the
report, and then leave and move on to the next town. That's all we're
doing. That's all we're doing.
So -- I've gotten hundreds of e-mails, we all have, from citizens
who say, vote no on the hurricane wall. There is no vote on a
hurricane wall. A hurricane wall is a small, little tidbit probably
somewhere buried in an 800-page report that we have yet to get.
CHAIRMAN TAYLOR: With all due respect, I think you
could say that for Marco Island, because there's absolutely no
September 14, 2021
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protection on Marco Island, but I don't think you can say that for Gulf
Shore Boulevard North.
COMMISSIONER LoCASTRO: Okay. Well, I haven't had
the report, so I'm not going to be irresponsible and make comments
on a report I haven't seen, but I think telling them we don't have the
report but we know it's going to suck, so why don't we just stop
everything right now. They're -- they're almost finished. Why
would we prematurely end their work and not have the benefit of a
report that could help us in a multitude of ways? And call the staff
forward. I have met with them in the office. So, Amy, I would like
to call you back to the podium and confirm --
CHAIRMAN TAYLOR: Can we hear from -- let's hear from --
COMMISSIONER LoCASTRO: I'm not done yet.
CHAIRMAN TAYLOR: Excuse me. I think you are, sir. I
think it's Commissioner Solis' time.
COMMISSIONER LoCASTRO: No, I haven't concluded.
CHAIRMAN TAYLOR: You called the staff member a liar. I
think you're done right now. So, Commissioner Solis.
COMMISSIONER LoCASTRO: Okay. Penny, be a little
more respectful to your peers.
CHAIRMAN TAYLOR: Excuse me, sir.
COMMISSIONER LoCASTRO: No, you excuse me. You're
Chairman, that's great. So that means you hold that, but I have
the -- I have the microphone. I'm not finished.
CHAIRMAN TAYLOR: I ask you to cede to Commissioner
Solis.
COMMISSIONER LoCASTRO: I'm not finished. I'm not
ceding to him. I'm not finished.
So I will let the -- want the staff to come forward and confirm
what they said to me in my office after a very long meeting, and I
believe everything I've said here has been extremely accurate.
September 14, 2021
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And, Penny, I would ask you, how much have you worked with the
Army Corps? So you had a couple of meetings in your office, and
now you're an expert on the -- and I don't care if you're the Chair or
not. We all have equal say here.
I do have experience in this area, and I can tell you it's going to
be extremely irresponsible of this county to not get that final report,
and that's all we're looking for. Then we'll pick it apart and vote on
the things.
So, Amy, if you're there, I would like you to confirm what you
said in my office or not. Did Gary McAlpin spend years trying to
court the Army Corps to come here and then they finally came at his
request, or did I summarize that incorrectly?
MS. PATTERSON: Prior to Mr. McAlpin's tenure, the county
did engage with the Corps and stopped at a point in time regarding
the beaches. Yes, Mr. McAlpin spent approximately 12 years
working to get this study authorized and funded to look at
improvements to, at that time, our beaches.
Around the same time, resilience efforts became very important,
very popular. And so our beach-only effort became a resilience
effort, and that's where we stand today. So yes, Mr. McAlpin spent
an extensive amount of time bringing the Corps to Collier County to
ultimately be where we are today, with a resilience plan as well as
those beach elements.
COMMISSIONER LoCASTRO: Thank you.
CHAIRMAN TAYLOR: One of the first questions as a new
commissioner in 2014 I asked Mr. McAlpin is, why are we not
sharing the cost of the beaches? Why do the people or the tourists
have to shoulder the entire cost? I never received an answer. We
will learn why the Commission in the '90s turne d it down. We will
learn this this morning.
Commissioner Solis, sorry.
September 14, 2021
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COMMISSIONER SOLIS: No. Thank you.
I think the biggest thing that I heard that cuts to the chase is that the
Corps has given us notice that they're actually reevaluating what the
plan is.
MS. PATTERSON: That's correct.
COMMISSIONER SOLIS: So what's in the plan right now,
which is giving many, including me, and I think up here, heartburn
of, you know, giant floodgates at Wiggins Pass and giant walls along
the beach might not even be in there once they reevaluate whatever
they're doing.
MS. PATTERSON: That is correct.
COMMISSIONER SOLIS: So, I mean, I have to agree with
Commissioner LoCastro that I think it's a little premature at this point
not knowing exactly what it is, because they might take that out, and
there could be things in there that might make sense for at least some
part of the county that if the Corps funds 80 or -- 70 or 80 percent of
would free up other funds for the parts of the county that we would
try to protect and do what we needed to do.
So, you know, I think -- I have to agree. I think it's a little
premature. Nobody wants to see a giant wall along the beach, but I
do think it -- we did spend years -- and I'll say this personally because
I went to D.C. to the National Association of Counties meeting to talk
about this issue with the Corps, and that was -- we spent years trying
to get them to just start this study. In fact, at one point they said they
couldn't start it because they didn't have the funding to do it.
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER SOLIS: So the county, we offered to pay
for the whole thing if they would just start it, and they still told us no,
that they have to fund it.
So, you know, I think if we would have paid for it, I certainly
wouldn't be saying let's just stop the whole thing, but I think we're not
September 14, 2021
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going to be locked in.
And one question that I did want to make sure that I'm clear
about is, whatever comes out in the analysis and a list of projects
that -- from, you know, sand here to whatever pie-in-the-sky, you
know, engineer's dream thing would be, you know, 100-foot wall or
something, none of that -- we're not locked into doing any of that,
right? I mean, this is -- the discussion I remember always was once
this plan is completed and it goes through the whole funding process
and allocation process, which takes years in D.C., that it will be up to
the county which project we want to participate in.
MS. PATTERSON: Correct, if at all.
COMMISSIONER SOLIS: If at all. So, you know, they're -- I
have to agree, respectfully, that I think we'd be throwing the baby out
with the bathwater, so to speak, or looking a gift horse in the -- I
mean, I can list off all the great clichés, right? If we just said no to
something, one, when we don't really know what it is at this point,
and they're reevaluating it because -- yeah, I mean, the percentage
benefit, it does make you wonder, but in terms of the total risk
involved.
I just think it would be premature to pull the plug on it
because -- and I agree. I've dealt with the Corps in my prior
profession, and, you know, you don't want to -- you don't want to
throw them to the curb for -- unless it's really necessary because that
has ramifications, I think, in the future in getting their participation
and things. And it did take us so long to get them to start this.
So I'll have to -- I'll have to agree with Commissioner LoCastro.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. First of all, just
to clear the record, no one called anyone a liar, so I just want the
record to reflect that. There was some heated discussion, but there
wasn't anybody saying so and so lied. It wasn't presented that way,
September 14, 2021
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so I just wanted to clarify that.
I'm going to be voting on this issue today, but I'm not going to
vote until we hear from the public. So we've all been talking about
our positions and everything. Let's hear from some of the experts.
We've got a lot of people here. And then we can ask questions and
then take a vote. So I would suggest we move forward with the
public comment.
CHAIRMAN TAYLOR: Okay. Commissioner McDaniel,
you're -- you don't want to speak?
COMMISSIONER McDANIEL: Yeah. Well, I agree with
Commissioner Saunders.
CHAIRMAN TAYLOR: Okay. So I'd like Colonel Schmitt to
come up, please. And I'd like to note that we have Vice Mayor
Terry Hutchison from the Naples City Council in our audience today.
MR. SCHMITT: Well, good morning, Commissioners. Quite
a lively discussion. I'm Joe Schmitt. I'm a resident of Collier
County. I've been here almost 20 years. I'm a retired army colonel,
former district commander of the Army Corps of Engineers,
Savannah District. I have a little over three -and-a-half years in listed
service, I was commissioned, and then have a little over 26 years
commission service.
Just as a matter of background, we engineers, army engineers,
have a strange career because we go into this thing called Army
Corps of Engineers, and then we have troop assignments in the Army
Corps of Engineers. It's an interesting -- but for background, my
Civil Works, I spent two years in the headquarters running the
Emergency Management Center in Washington, D.C., for the Army
Corps of Engineers, another assignment as the assistant director of
Civil Works, Army Corps of Engineers, and, of course, three years as
a district commander.
With all due respect to Commissioner LoCastro, he was
September 14, 2021
Page 40
conflating issues of civil works and military programs.
I'm going to take a few minutes to walk the audience and walk
you through what the Corps of Engineers is, because there's this
perception that there's these colonels and lieutenants and sergeants
running around in Humvees fixing bridges and putting sand on the
beaches.
Troy, I guess I've got to hit, what, "enter."
MR. MILLER: Yeah, there you go. Yeah.
MR. SCHMITT: Army Corps of Engineers Civil Works
Program. The Civil Works Program, the Corps, long core, dates
back to 1775, but, in essence, they're the federal engineers. Every
few years the Department of Defense says, why do we have these
uniform personnel running our federal engineering program?
Well, I'll caution you, because Congress and Senators prefer it
that way. And so I caution you on the way you move forward on
this. And I told Commissioner Taylor this when I was in her office
is that the way you handle this and the way you move forward, you
certainly want to advise your local representatives and your Senators
because they hold the Corps near and dear to their heart; they really
do. As a district commander, I used to make trips to Washington at
least twice a year and visit every senator and every congressman.
But what they're responsible for -- and they're shown on the
slide here -- that's the civil works program.
Next slide. Let me go back, Troy.
MR. MILLER: I gotcha. There you go.
MR. SCHMITT: Civil Works, 41 districts in the U.S. Army
Corps of Engineers pretty much divided by divisions and then
subordinate districts. Forty-one districts throughout the United
States, actually throughout the world. We had two contingency
districts. One, of course, disappeared here a few weeks ago in
Afghanistan, but there is another one in Kuwait.
September 14, 2021
Page 41
But these 41 districts are commanded by uniform officers,
lieutenant colonels, but predominantly colonels.
Next slide, if you would, Troy.
These are the major programs they're responsible for. And
understand, this is not DOD dollars. These are dollars that are under
the same programs as any Department of Interior, EPA, other types
of money, but these are under the Water Resource Development Act.
In fact, my salary when I was a district commander in the Civi l
Works Program was reimbursed to DOD to compensate for the
management cost that we did as district commanders.
The Military Construction Program is a little bit different. As
Rick referred to, that goes through Department of Defense dollars.
1391s going through the aspect of military programs. Your study is
a feasibility study. The military programs, of course, were -- we
were the major contractors that built and operated -- or built and
basically bid and then built all the construction on Army bases, both
Army and Air Force, and a support to the nation contingency
operations. You're very familiar with the work the Corps did in New
York during the pandemic, building the hospital, building the wall.
Those kind of things were all support to the nation, either
contingency operations or otherwise, that were funded by Congress.
Just so you know, this is -- I just want to give a brief. It's about
37,000 civilians. It is an engineering corporation. There's only
about -- there's 550 military officers. About 300 of those are
actually a battalion called the Prime Power Battalion. They provide
emergency electrical power around the world, a unique organization.
But the rest of the organization, as a district commander, basically it
was me, my deputy, and I had three other uniformed. I had about
400 civilians in Savannah, and it's an engineering organization.
But I want to just talk about this feasibility study. The feasibility
study was authorized by congressional authorization. It's under the
September 14, 2021
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studies proposal under the Army Corps of Engineers. It's basically a
$3,000,000 three-year project. They came down here at the request
of the county, of course, because of -- identified as a potential local
sponsor to study the coastal issue. They did the same thing on the
East Coast, the back bay study that's ongoing now. You may have
heard some of the controversy going on with the back bay study.
I've had conversations with the mayor of Miami Beach as well over
the study over there.
This feasibility report will then go to the Senate Committee on
Environmental and Public Works. It's a report. The report will be
done regardless of what you do. You can vote no, but the report will
be done. It's funded. It's paid for. Again, Rick, basically your
vote goes nowhere.
The study will be completed. It will be forwarded to the chief.
The chief of engineers wears two hats. He's a military commander,
but he also runs this organization called U.S. Army Corps of
Engineers.
The chief's report, as it's called, will go to the chief, will go to
both the Senate committee and the House representing transportation
and infrastructure. It also goes through what is called the Assistant
Secretary of the Army Civil Works. It's an organization in the
Pentagon that manages this thing called Civil Works that's part of the
Army Corps of Engineers. That all will be included in the
president's budget and essentially is -- it will go in under the Water
Resource Development Act probably 2024 if you choose not to be a
federal sponsor.
But if approved and authorized under WRDA, the next step is to
proceed to the final engineering. This is a 10 percent study. I'm not
an opponent or proponent. I just was asked by the Chair to come
and give you my experience. I'm one of your Planning
Commissioners as well, as you know; so give my experience as to the
September 14, 2021
Page 43
background and understanding of just exactly what these feasibility
studies are.
They're going to evaluate it based on what Amy said on the
cost-benefit ratio, and a very important aspect of this, and then the
project will only be implemented if you, as a county or a city or some
other entity that is able and eligible to participate as a cost-sharing
partner. And there's many aspects of being a cost-sharing partner.
There's lands, easements, rights-of-way, other kind of credits that you
will get, but all those costs are allocated as part of the cost -sharing
process.
As I said, this is a 10 percent design. The nonfederal sponsor
has the capability of acquiring real estate necessary for the project.
And I can discuss certainly what the pitfalls of that may be is if, in
fact, you decide to become the cost-sharing partner.
If the city agrees to move forward, the next phase, of course,
will go into the final engineering design. And understa nd that that is
the appropriation process or, correction, authorization process. Once
the project goes through design and it's authorized, then it has to
compete for dollars under the appropriation process.
And as was pointed out, whether you move forward or not, the
other projects that are funded in Florida are funded. The operations
of Lake O, that's O&M dollars, that's operation and maintenance
under the Jacksonville district. The Everglades restoration, all those
programs are joint venture and joint with the South Florida Water
Management District, those are all funded. This will have no impact
on those other than potentially being detrimental from a
Congressional or Senate standpoint of other congressional districts
saying, well, why did Florida turn this down? Those are some of the
pitfalls.
But what does this mean for Collier County? Commissioner
Taylor asked me, and I had conversations with the Vice Mayor in
September 14, 2021
Page 44
Naples as well. Once you bring federal dollars into Collier County,
you then are obligated to provide other aspects that those
dollars -- when you accept those dollars.
Beach access, beach parking, walkover, dune walkover,
purchasing of lands for those type of activities. Because it's federal
dollars, and if federal dollars are brought down here -- just as I
worked on shore protection projects, I'll give you an example:
Tybee Island outside of Savannah, and with that comes providing
parking, dune walkover, parking access, all the other type of things,
because it is federal dollars coming in. And as a matter of federal
dollars coming in, just as we've paid county taxes and we have our
beach parking, if you accept federal dollars, you will be providing
parking and access for anybody who would like to have that privilege
in Collier County.
So just a brief rundown in the feasibility process and what it is,
and I'll answer any questions that you have based on my experience
in Civil Works and the Army Corps of Engineers.
CHAIRMAN TAYLOR: Colonel Schmitt, when you were in
my office --
MR. SCHMITT: Yes.
CHAIRMAN TAYLOR: -- I asked you -- because I think you
indicated that you did have a conversation with Mr. McAlpin way
back --
MR. SCHMITT: Yes.
CHAIRMAN TAYLOR: -- when. Why -- why would the
former commission turn down federal money back then? And I
think you indicated that the parking issue was part of it.
MR. SCHMITT: One of the aspects, of course, is any shore
protection project, the project is looked at from protecting property.
And typically it's a beach renourishment project if you want to do a
beach renourishment. But with that, as Gary well knew at that time,
September 14, 2021
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as well was the Commission -- it was my understanding that the
Commission understood that if -- in fact, they accepted federal
dollars, it would create a requirement to provide public parking for
anyone who would like to park, and, of course, the dune -- if they
construct the dunes or dune walkovers or acquisition of property, to
provide those kind of services to the general public. And it was my
understanding that was not what this county chose to do.
CHAIRMAN TAYLOR: Thank you.
MR. SCHMITT: And Gary, I think, knew that. So what else?
Any other questions?
CHAIRMAN TAYLOR: Yes. We have three commissioners.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thanks, Joe. I appreciate it,
and I appreciate the time that you and I have spent talking.
Would you agree design is not the same thing as construction?
So they can hand us all the design they want, but we'll never see a
bulldozer unless we give them the thumbs up and tell them to do it,
correct?
MR. SCHMITT: Absolutely.
COMMISSIONER LoCASTRO: The Army Corps doesn't
build one thing unless they're told to. And a feasibility study is
merely just design. And it's the same thing in the military. They
don't come in start building stuff on your base. They give you
design and then go, what do you want to do, correct?
MR. SCHMITT: Well, let's talk about, on the military base --
COMMISSIONER LoCASTRO: And we'll just stick with the
civilian side because, like you said, it's not apples to apples, but...
MR. SCHMITT: Yeah, but on the base you're looking to build
something, but in Civil Works --
COMMISSIONER LoCASTRO: Sometimes. But would
you --
September 14, 2021
Page 46
MR. SCHMITT: I don't want this to sound disrespectful to the
Corps. I worked uniform for 26 years as a military officer; 30 years
in total service.
The Corps is -- the Corps tries to grow the program. That's
what they do; they grow the program. They want to move forward
on this project because it provides opportunity to employ their
employees. That's what it does. It -- they will do a
10 percent -- this is a 10 percent study. And with this, then they will
look and go on to the next aspect of it, which is a final engineering
design, and then that will go, then, through the authorization process
for a project authorization and then, finally, through appropriation.
The reality, again, as I told the commissioner, Commissioner
Taylor, the reality of this being funded in the end it's a pretty
significant cost, looking at all -- where all the other dollars are being
spent. But you're correct, no, there's not dozers on the beach or
whatever. The only way this moves forward is if they have an
agreeable cost-sharing partner, a partner -- cost-sharing partner, and
as a cost-sharing partner, you agree to move forward. You can
move -- you're going to get the study regardless, because that's paid
for, and by congressional authorization they have to complete the
study.
Where you go from there to the next phase is your choice. Of
course, it's in the interest -- in this case it's Norfolk district. They're
the center of expertise for beach renourishment, beach design. It's in
their interest to get you to participate because then that provides
additional program and additional work for the district employees.
COMMISSIONER LoCASTRO: But I'd like to get your -- I'd
like to make a couple clarifications and then get the benefit of your
expertise, because you are the one person in this room that has more
expertise in the Army Corps, but I think we share some similar
things.
September 14, 2021
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The Army Corps definitely loves their projects.
MR. SCHMITT: Yes.
COMMISSIONER LoCASTRO: They think of the pie in the
sky. I got it. Trust me, I've got plenty of those feasibility studies
where I said, wow, that's crazy. We would never do that on -- in our
town on our base. But having said that, that's not ou r mission to
grow their business. But I think it's -- it behooves us to at least get
their study. And also, the part about the minute you go for federal
dollars, now you're -- now you're running down a whole different
lane of other things that you wind up absorbing, and some of them
not so great Gary probably brought up -- like you talked about the
parking and everything.
But I really think we're speeding when we're talking about that.
We can get the report and do nothing.
MR. SCHMITT: Correct.
COMMISSIONER LoCASTRO: We can get the report and
look at it and go, wow, there's some really great analysis in here.
You know, as a county we're going to pull our facilities folks
together, and there's a couple of little nuggets in here that we can
fund internally, and we're not going to chase federal dollars, because
we don't want all the baggage that comes with it. But you can't do
any of those things unless you get the report.
Like you said, the report's going to be done. The one
clarification I would make is, personalities matter. So even if they
dump the report on our desk and leave but we helped open the door
and kicked them out, that also has repercussions. I'm not saying we
can take them to dinner and we buy them a fruit basket or anything,
but I think some of the things that have happened over the last few
weeks, the letter from the city and whatnot, you know, in the end
there's a lot of towns that are screaming for Army Corps analysis.
We have them on our front door and have had them here for three
September 14, 2021
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years.
Getting the report doesn't lock us into anything, as you -- as you
said. It doesn't lock us into federal dollars. It doesn't lock us into
construction, but what it does give us -- we have engineers of our
own. I would love to dump that report on all of our experienced
engineers in Collier County who know that walls aren't the right
thing, to give you the report, and also, too, the positives that we had a
good relationship to get the report, not that they did it anyway, as
we -- as we kicked the -- kicked them to the curb.
But do you think getting a final report and having the benefit of
all their analysis from the pie-in-the-sky stuff to some of the smaller
things that would be in there would be of a benefit to us to at least let
them finish the job and that it locks us into nothing, no construction,
no federal funds, nothing, unless we decide?
MR. SCHMITT: Well, like I said, you're going to -- the report
will be completed regardless. And understand this 10 percent -- or
this engineering analysis is based on the -- what they perceive as the
best engineering solution. It has to be holistically designed. We
can't have areas protecting one area and gaps in the other.
And it is looked at from an engineering standpoint, and it's -- like I
said, it's a 10 percent design.
They -- if you agree to move forward as the local sponsor,
they -- of course, the Corps will work with you and modify and
adjust, but they won't make modifications that would adversely
impact the total design and the actual feasibility of the project
protecting the coast.
COMMISSIONER LoCASTRO: Right.
MR. SCHMITT: They will caution you and say, okay, we
understand you don't want 10-foot walls. We can't do this.
If the county just wants to move forward and look at it from a shore
protection project, beach renourishment shore protection, dune
September 14, 2021
Page 49
walkover -- dunes and dune walkovers, I mean, that's another option.
But that will typically be done once you agree to become a local
sponsor. Because the study did one thing. The study, as I said, is
going to be done. And if you agree to become the local sponsor,
they will -- it will proceed through authorization and appropriation
which only allows for money to proceed to the next step. It isn't the
next step as far as construction. It's only producing a final design,
which then has to go back and compete for dollars through the project
authorization and then, of course, through the appropriation process.
COMMISSIONER LoCASTRO: But that doesn't happen on
autopilot separate from us. I mean --
MR. SCHMITT: No.
COMMISSIONER LoCASTRO: -- we'll be tracking it all
along the way and going, you know what, time out here, we're
speeding. It's not something that we want to do as a county. You
came in here. You're not Collier County residents. We know a
little bit more of what we want the aesthetics of our county to look
like. So thank you very much, but there's some nuggets in there that
we might, you know, take advantage of in-house with our own -- our
own facilities people. I mean, that's a real possibility, to use the
study for those type -- that type of benefit in-house, correct?
MR. SCHMITT: Well, you can use the study the way you
want.
COMMISSIONER LoCASTRO: Absolutely.
MR. SCHMITT: Absolutely. It will be done.
COMMISSIONER LoCASTRO: Right.
MR. SCHMITT: One of the items was asked of me on
attributional, so I won't use any names. But can we just build an
offshore protection. Yes, you can, but that goes through a whole
other process, through the NEPA process and going through all the
environmental studies, marine fisheries and wildlife, as a -- I'm a -- as
September 14, 2021
Page 50
I said on my slide, I'm a senior advisor for a firm called Dawson &
Associates. We advise clients on how to go through the federal
permitting process and to deal with the Army Corps of Engineers.
That's what our specialties are. Most of us are senior officials from
either the Corps of Engineers, EPA, or other federal agencies.
That is a very laborious and complicated process, even if you
wanted to look at some kind of shore protection offshore, because all
of those type of issues would have to be addressed. You just can't
go out and create a breakwater in the middle of, you know, 400,
600 -- a mile and a half offshore without going through the entire
National Environmental Policy Act process.
COMMISSIONER LoCASTRO: My concluding statement
would be, we don't chase federal funding and we don't chase actual
construction until we have the report, and when we have the report,
we might decide to do none of those things.
MR. SCHMITT: Correct.
COMMISSIONER LoCASTRO: So, you know, that's --
MR. SCHMITT: That's your choice.
COMMISSIONER LoCASTRO: -- the bottom line here.
We're not voting on hurricane walls.
MR. SCHMITT: The project will go nowhere unless you agree
to be a local sponsor.
COMMISSIONER LoCASTRO: And I also think to be good
stewards of the hard work that they've done, we don't want to just get
the report after the fact. Like you said, oh, they'll force feed it to us,
and we'll get it in the mail no matter what, but there's diffe rent ways
to sort of do it.
I agree with you that the projects that are currently in flux right
now with the Everglades and whatnot, you're exactly right, those will
continue. But you don't think there's going to be future projects
down the road that we don't even know about where the Army Corps,
September 14, 2021
Page 51
we might want them to come back here and do some analysis on
something? And I'm not saying that they'd blow us off if we weren't
kind to them but, you know, we want to be good partners, good
stewards. We want to understand what their mission is, but also we
have a mission as well.
So my mission isn't to grow the Army Corps. It's to take
advantage of the analysis and the engineering that they provide us
and then for us to go, well, that's crazy here in Collier County, but
thanks very much but, you know what, it got us thinking that that is a
very at-risk area of the county. So the walls really aren't something
that we'd talk about, but let's brainstorm what we could do. Maybe
there's some things that we've overlooked. You certainly think that
that's a high at-risk area.
And those are the conversations that happen afterwards when
you get the report, but I think there's future things that -- you know,
this isn't the one and only time the Army Corps would be coming
here. But, anyway, thank you, sir.
MR. SCHMITT: But they will advise. If you want to move
into a direction that makes the project not integrated engineering
design, they'll advise you they can't move forward. Exactly what
happened on the East Coast. I mean, there was some pretty
draconian things that were advised in the City of Miami, and Miami
said, this is crazy. So they're now looking at trying to hire their own
design team and design an alternative. I advised the mayor they're
probably wasting their money, but --
CHAIRMAN TAYLOR: They're going ahead.
COMMISSIONER LoCASTRO: Well, I wouldn't look at what
they do on the East Coast --
(Simultaneous crosstalk.)
MR. SCHMITT: What they do on the East Coast, let them go.
COMMISSIONER LoCASTRO: I wouldn't look at what they
September 14, 2021
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do on the East Coast as a benchmark to give us guidance. But thank
you, Colonel.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. How you doing, Joe?
MR. SCHMITT: Good.
COMMISSIONER McDANIEL: How long were you with the
Corps?
MR. SCHMITT: As a commissioned officer, 26-and-a-half
years. I retired as an Army colonel, full -- active duty.
COMMISSIONER McDANIEL: And I'm really glad you
walked back your original statement, Commissioner LoCastro, with
having more experience than everybody in the room. You said that.
COMMISSIONER LoCASTRO: Oh, no. I meant Joe.
MR. SCHMITT: He was looking at me.
COMMISSIONER LoCASTRO: He knows -- I was waving to
him back there.
COMMISSIONER McDANIEL: You said that at the
beginning --
COMMISSIONER LoCASTRO: I said almost everybody.
COMMISSIONER McDANIEL: There's no way about that.
And then the other thing I want to correct you on is Gary McAlpin
never screamed in his life.
COMMISSIONER LoCASTRO: Okay.
COMMISSIONER McDANIEL: I worked with that man -- I
used to be a beach sand producer.
COMMISSIONER LoCASTRO: I heard he spoke with
passion.
COMMISSIONER McDANIEL: He did speak with passion,
but you always had to lean in because you could just never really
hear what he was saying.
CHAIRMAN TAYLOR: Very clear.
September 14, 2021
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COMMISSIONER McDANIEL: He did work extensively to
get the Corps here.
But on those two exceptions with regard to what you're talking
about, I agree. I think it's premature for us to put this thing to bed.
I think -- and I want to say when we voted to approve this moving
forward before, it was about the gathering of the data and analysis to
feed to Dr. Savarese's model as well.
So I think it's premature for us to pull the plug on this. I do want to
hear from our community. I do want to -- I do share the concerns
that you spoke of, both you and Commissioner Solis with regard -- I
mean, I don't think anybody in their right mind could expect us to be
building a wall.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I just want to ask you one
quick question with a very brief answer, and that is simply, you've
seen the information from the City of Naples and their concern.
You've met with Commissioner Taylor and, you know, all the
concerns of the city.
MR. SCHMITT: Yes.
COMMISSIONER SAUNDERS: You know where this report
is sort of heading.
MR. SCHMITT: Yes.
COMMISSIONER SAUNDERS: In your professional opinion,
based on all the concerns that have been raised by the city, is there
any downside to us staying in this process and continuing with the
Corps?
MR. SCHMITT: That's a tough question. Is there a
downside? Well, as I said, the study's going to be completed
regardless. Then you agree to become the local sponsor. The
downside is you're going to spend a lot of money and five years from
now say, we don't want to do this.
September 14, 2021
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COMMISSIONER SAUNDERS: When you say "you're going
to spend a whole lot of money," who is the "you" you're --
MR. SCHMITT: The city, the city and the county as a
cost-sharing partner.
COMMISSIONER SAUNDERS: In terms of the report?
MR. SCHMITT: To proceed to the next phase.
COMMISSIONER SAUNDERS: I'm just talking about right
now. The Corps is doing their study. Is there any downside for us
staying in this process at this point?
MR. SCHMITT: No, because the study's going to be done
regardless. They're going to finish it, and they're going to forward it
to the chief and to the respective congressional committees. And if
you choose not to be local federal sponsor, it just dies. It will be
shelved.
COMMISSIONER SAUNDERS: Thank you. I just wanted to
get a little summary there.
MR. SCHMITT: And I would only caution, if you choose to do
that, as I said, I will make sure that your federal representatives, your
Congressmen and your Senators, are aware of why you did this,
because you certainly -- because, again, they look at this process all
across the country. The local politicians look at this as a
job -- bringing in jobs to the local community. That's what these
projects do.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN TAYLOR: And then just a follow-up with
Commissioner Saunders' question, and then we're going to break,
give our hard-working court reporter a break. They're going to
finish the study?
MR. SCHMITT: Yes.
CHAIRMAN TAYLOR: And do we have to sort of stay with
them so that we get a copy, or will they give us -- because there's a
September 14, 2021
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lot -- I mean, this has never been an aspersion on the work that
they've done. They've done extraordinary work. They've got a lot
of data that we value as we go forward, because we are a community
concerned with beach resiliency.
So they finish the study. Whatever they come up with up
in -- you know, after talking to their superiors about the problem with
the cost-benefit analysis, do we automatically get a copy of this study
that we can use this data, or do we need to stay with this and then
evaluate it at another time when we get the study?
MR. SCHMITT: Well, the study was congressionally
authorized, so it's a matter of public record. You will get a copy of
it. It's a matter -- like I said, a matter of public record.
CHAIRMAN TAYLOR: Okay.
MR. SCHMITT: They will -- the Corps will then come to you
and ask you, do you want to proceed to the next phase, and then that
commits you, again, to become -- to agree to become the cost-sharing
partner.
The interesting thing about this feasibility study, most feasibility
studies require a cost-sharing partner up front. This one did not
which is, to me, pretty interesting. So it costs you nothing.
Basically, it was done under the authorization of the Corps to do
$3,000,000 -- three-year, $3 million study. But it just will be on the
shelf. You can just say, we're going to think about it, and it will sit
on a shelf. But you will have an engineering solution, again, within
the parameters of a 10 percent design. That's all it's going to be.
COMMISSIONER LoCASTRO: I mean, just for clarification,
they could set on their shelf --
MR. SCHMITT: Yes.
COMMISSIONER LoCASTRO: -- but we can make a
thousand copies of it and use it as a roadmap for possible just
discussion --
September 14, 2021
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MR. SCHMITT: Absolutely.
COMMISSIONER LoCASTRO: -- or whatever, and that's the
advantage of it. Like you said, it costs us nothing.
MR. SCHMITT: Okay. Thanks.
CHAIRMAN TAYLOR: Thank you very much, Colonel
Schmitt. All right. We're going to break for 10 minutes, Terri, or
would you like a little bit more?
THE COURT REPORTER: That's fine.
CHAIRMAN TAYLOR: Ten minutes. So we'll be back
at -- let's do it at 10:45.
COMMISSIONER McDANIEL: That's 11 minutes.
(A brief recess was had from 10:34 a.m. to 10:45 a.m.)
CHAIRMAN TAYLOR: At this point I'd like to bring
Mr. Mullins up. I had asked Mr. Mullins -- I'd heard clearly of how
many -- how busy WRDA has been ever since its inception and what
are the projects that have been included in WRDA. And I would
like Mr. Mullins -- we're not going to read all the projects for
Florida -- and that's only for Florida. But if you could just give us
some figures: When was WRDA created, when's the last
appropriation for WRDA, what year was that, and how many projects
subsequent have yet been -- have been approved but the monies have
not been appropriated. Thank you.
MR. MULLINS: Yes, ma'am.
CHAIRMAN TAYLOR: Thank you.
MR. MULLINS: For the record, John Mullins, your director of
Communications, Government, and Public Affairs. The actual
inception of WRDA, I would actually have to go back and look at the
complete history to find the very first time that one of those bills was
passed. But I can tell you that our D.C. team, upon the request of the
Chair, went back and looked for all the WRDA bills that were
conveniently researched, and that took us back to about 1986.
September 14, 2021
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Typically, WRDA comes to pass about every other year. There
have been a few notable exceptions, but from 1986 through 2020,
there have been 12 WRDA authorization bills with noticeable gaps
between 2000 and 2007 and then another gap between 2007 and
2014.
And I can tell you that of the recent WRDA bills after that last
gap, that last seven years gap, newly authorized projects for 2014,
2016, 2018, and 2020 to this point have not received congressional
appropriation. They also went back through the appropriations bills
back to '86 to try to reconcile these two bills, the WRDA bill and then
the appropriations process.
There are probably in that time span, just for Florida, at least a
dozen more projects that have not been funded to this point in time.
That's not to say they will not receive partial or full appropriation. If
you go back through the complete table -- and I will provide you the
tables that were sent by the D.C. team -- you will find that in the past
some WRDA authorizations may have taken place in one year and
then were either partially or fully funded five, six, seven years down
the road. That just comes back to political priorities of Congress.
And as was mentioned before, if your congressional delegation
supports it, you have a better chance of getting it through. If the
congressional delegation doesn't support it, I don't think you're going
to find an appropriations chair that's in a hurry to fund it.
CHAIRMAN TAYLOR: And that's only for Florida.
MR. MULLINS: And that's only for Florida. That's not taking
into consideration WRDA projects in many other states.
CHAIRMAN TAYLOR: Any questions up here?
(No response.)
CHAIRMAN TAYLOR: Seeing none, thank you very much.
We have City Manager Souza here with us also from the City of
Naples, and I believe Councilman McCabe was here, but I think he's
September 14, 2021
Page 58
left.
So at this point I'd like to hear from the City of Naples and ask
Vice Mayor Hutchinson to read into record -- I was asked that the
resolution passed by the City Council be read into the record today.
And I'd like, sir, if you wouldn't mind, to do that. Thank you.
COMMISSIONER SAUNDERS: Madam Chair?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SAUNDERS: Could I -- just in the interest
of the shortness of human life here, we have the resolution. I don't
know that we need to have it read into the record.
CHAIRMAN TAYLOR: The Mayor asked that it be read into
the record. If it's the will of this --
COMMISSIONER SAUNDERS: That's fine, that's fine. The
Mayor asked for that, but we don't need to have him sit there and read
this resolution. We've all read it.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: But if you insist -- I'm just
pointing that out.
CHAIRMAN TAYLOR: I'm just following, so if that's -- I'm
not -- I'm not insisting, but I think maybe just read the preamble and
not all the whereases and just finish it up.
COUNCILMAN HUTCHISON: Thank you, Madam Chair.
I'm sorry --
CHAIRMAN TAYLOR: The Reader's Digest version.
COMMISSIONER McDANIEL: How you doing? I don't
think we need to have it read into our record. We've all read it.
You can summarize it. And unless --
CHAIRMAN TAYLOR: Okay, Chairman.
COMMISSIONER McDANIEL: -- the Chairman is insisting, I
agree. Just tell us what you think.
CHAIRMAN TAYLOR: Yup.
September 14, 2021
Page 59
COUNCILMAN HUTCHISON: Terry Hutchison, Vice
Mayor, the City of Naples.
First of all, thank you all for discussing this matter and giving it
the kind of inspection and reflection that it requires.
The City of Naples is obviously concerned. Most of this work will
take place within our city boundaries, and we note that, yes, it's a
study, but there is now a tentatively selected plan component, and we
have passed a resolution.
The resolution reads: In strong opposition to the Collier
County Board of Commissioners taking further action to implement
the tentatively selected plan in the United States Army Corps of
Engineer Coastal Storm Risk Management Feasibility Study as
presented on April 27th, 2021 and providing an effective date.
That's it.
CHAIRMAN TAYLOR: Thank you.
COUNCILMAN HUTCHISON: Thank you.
CHAIRMAN TAYLOR: Thank you very much. So I think
we'll go to public comment.
COMMISSIONER LoCASTRO: Can I just make a comment?
Sir, from what you heard today, hearing our testimony, I just
think -- or our conversation, bringing back to the Naples City Council
and helping us separate rumor from fact, we voted on moving
forward with nothing. There isn't a plan. There isn't construction,
you know, blueprints or anything like that.
So I think -- I did read it, and I thought some of the verbiage in
there was speeding a bit; that we were at, like, Step 4 where we
haven't. And so I think the main takeaway today is, we're just trying
to get the report. And so, as the colonel said, we're going to get it
automatically either with really good professionalism between us and
the Army Corps or us telling them, you know, give us the report and
we'll hold the door open for you as you leave. But the reality is,
September 14, 2021
Page 60
there's no construction that's been voted on for anything for the City
of Naples.
We all have the same concerns as your leadership team, but the
verbiage in that letter made it sound like we've decided some things
that you disagree with. We've decided nothing, and neither -- and
the Army Corps decides nothing. They recommend. It's a
feasibility study. So I hope what you've heard a little bit
today -- and if you can stay for the rest of the discussion, because it's
important for us that the City of Naples and the Collier leadership
here, we're paddling in the same direction with the right kind of facts.
So that's all I would just leave you with.
COUNCILMAN HUTCHISON: Well, Commissioner
LoCastro, thank you so much. Words make a diffe rence, and we
took careful consideration to put the right words in our resolution and
hopefully convey to the County Commissioners what our desires are.
The city has sent a letter to the Corps that you have a copy of;
31 separate relevant issues that have a huge impact on our
community that we've not received an answer to, that letter sent in
September of 2020.
What we're asking you to do as a potential sponsor of this plan is
to engage and help us get those questions answered before moving
forward to support and implement the tentatively selected plan.
COMMISSIONER LoCASTRO: Fair enough.
COUNCILMAN HUTCHISON: Okay. Thank you.
CHAIRMAN TAYLOR: Thank you very much.
MR. MILLER: Madam Chair, we have four speakers here in
the room and two remote speakers. Our first speaker is Brad
Cornell. He will be followed by Chuck Schumacher. I'll remind
our speakers you can use both podiums if you don't mind queuing up.
MR. CORNELL: Good morning, Commissioners, Madam
Chair. Thank you again for the opportunity to address you on this
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very important discussion.
And as we had noted back in April when you originally had this
discussion with the Army Corps in the room, Audubon is -- and when
I say "Audubon," I mean Audubon Florida and Audubon Western
Everglades.
And did I say -- I'm Brad Cornell here on behalf of Audubon
Western Everglades and Audubon Florida. I forgot to say that.
We are not supportive of the tentatively selected plan that the Vice
Mayor just referenced; however, I do want to flag an important
outcome of that meeting in April, and that was that Dr. Mike
Savarese stood up before the room and suggested that maybe a
technical advisory committee might be helpful in this instance.
When we have a really complicated issue with a complicated plan
and study, we need to sort through -- and, clearly, it's not addressing
all our needs and there's a lot of friction. Why can't we do a TAC?
And if I remember correctly, the Board had suggested that that would
be a good approach to come up with to reengage the Corps and come
up with a -- some alternatives to what was proposed in the tentatively
selected plan. I don't know why that still isn't a relevant path to
follow.
And I appreciate Colonel Joe Schmitt coming up to clarify the
Army Corps process. Everything the Corps does -- and I've been
involved with the Corps for 20 years as an environmental advocate in
Everglades restoration. The Army Corps is the federal partner in
Everglades restoration. It's very important. We have one of the
biggest projects right here in Collier County, the Picayune Strand
Restoration Project, as I was talking about before with Mosquito
Control.
So, anyway, I think that we have an opportunity here to
reengage the Corps constructively in looking at alternatives to what is
currently in front of us. We don't like all the elements of this, and
September 14, 2021
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Audubon does not like all the elements, but I will say this: We have
a big problem in terms of flooding. Look at New York and New
Jersey after Hurricane Ida and in terms of coastal storm threats, in
terms of sea level rise and climate change and inland precipitation
and flooding. These are big, big threats that are just going to get
worse as the years come on.
So the scale of the Army Corps' plan is right. We should be
talking in terms of billions of dollars, big comprehensive plans. This
is the way we need to engage this issue. The fact that we don't like
all the specifics means we should get down to some nitty -gritty
details. The TAC may help us with that. So if I may humbly
recommend, I think that's a good path to follow. Thank you.
MR. MILLER: Your next speaker is Chuck Schumacher.
He'll be followed by Scott Schultz.
MR. SCHUMACHER: Good morning. Good morning,
Madam Chair. Good morning, Commissioners. My name's Chuck
Schumacher. I live at 4611 7th Avenue Northwest. But I manage
Seapoint Condominiums, which is located at 10 Seagate Drive. You
can't really miss it if you're driving down Pine Ridge. It's the white
building with the gray in front of it.
So we sit on a little tiny peninsula in between Clam Bay and the
actual beach itself. And what I wanted to talk about was not so
much design, cost, but the protection portion. And somebody
brought up earlier missed pieces.
Clam Bay is that missed piece, because if you have flood control
to the north and to the south, any type of storm surge event is going
to take a path of least resistance, which is into our backyard.
So in that, that also floods into the Seagate homeowners
association as well as also into Pelican Bay. As we know, the coast
of Collier sits around 11, 12 feet, and you then drop down eight to six
feet when you get a few miles in. So we've got a little bit of a soup
September 14, 2021
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bowl.
So when we look at that, the concern is is that if we don't have
any protection there, although most high-rises, your first living floor
will sit anywhere from 10 to 12 feet off of the ground on top of
whatever their foundation would be, there's long-term studies on
what type of flood inundation on structures -- what can happen
thereafter once your floodwaters recede.
So what I would caution is, is that if the opportunity comes, that
you can readdress this with the Army Corps and go back to it. Look
at these areas, and take a look at that infrastructure side.
Also, the other portion of it is although the plan did show a wall
along Seagate between Venetian Bay into what is Naples Cay and
Clam Bay, the power for Gulf Shore Boulevard North is on that road.
Now, those lines are scheduled to be buried along Seagate. So now
you've got Seagate, Naples Cay, as well as also half of what is Gulf
Shore Boulevard North from Venetian Village up to Seagate Drive
without power during a storm event, much like in Irma we went
with -- eight, nine days without power, and that was because of the
power structure on Seagate Drive.
So if -- wild future, the plan went forward, you had a storm
surge event, you've inundated Seagate and that drive, the power's still
off. So although we've stopped the water from coming into Gulf
Shore Boulevard North, we now create a secondary problem where,
how do we get to that infrastructure to repair it?
Again, that's my time. So I'll leave you. Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Scott Schultz. He'll be
followed by Meredith Budd.
MR. SCHULTZ: Good morning, everybody. Appreciate the
opportunity to talk with you today. And I live in Naples Cay.
Baypointe is the building. And there is a recommended plan, and
September 14, 2021
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there's pictures from the plan, from the Army's plan. There's 1,650
pages. I've read them. And these are recommended plans, not an
approved proposal thus far.
Some of my neighbors in Naples Cay are of the belief that they
needed to go to lobbyists in Tallahassee to address this because
you-all are just going to go for a money grab. I've been in politics
for a long time. I was a nominee for the U.S. House in 1988, was a
district chair, county chair, member of state committee, the only
person in Michigan's Republican history to hold district and county
chair at the same time.
My concerns are definitions. A berm, for example, isn't a wall,
but if you go down 20 feet and pour concrete and then have 15 feet
up of more concrete on the beach, that's a berm. Most people, when
we had an event in Baypointe at Naples Cay, 80 people paid to show
up to come to that. We had a rainstorm that sort of short-circuited
that population. But at the same point, nobody was in favor because
there's 50 banyan trees running along Seagate Drive, so we're
concerned with that.
Environmental Republicans, it's supposed to be an oxymoron,
but not really. We're citiz -titians; citizen politicians. Nobody up
here's a full-time commissioner. I don't believe you are.
COMMISSIONER LoCASTRO: I am.
MR. SCHULTZ: You don't get paid as such. Well, then
you're the one. So -- and I respect that we met with us -- on this
project.
And I just don't know how it got this far with so much of the
public not being engaged. And the concerns were, let's go hire a
lobbyist in Tallahassee. And our Naples Cay master spent up to
$10,000; they're authorized to go to 50-. My point was, let's just go
to the county commissioners. You folks say yes or no.
In my judgment, back in 1991 I was able to eliminate seven
September 14, 2021
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county commissioners with the stroke of a pen through
reapportionment. So I understand how the process works.
I just encourage you to -- you're going to get the plan. It's
coming no matter what. It does exist, because I've got pictures from
it. Yes, there's going to be final details that need to be done, but I
would encourage you-all to take a look at this book. It's called the
Mythology of Global Warming, Climate Change Fiction versus
Scientific Facts. And facts are very stubborn things, no matter
where they are, how they work.
This is an outstanding book. I would encourage you to tell the
Army Corps of Engineer one thing. When they come in and say,
"we're indemnified for anything that goes wrong in this project,"
would you hire any contractor who would come in and say, whatever
I do in your house, you can't come back at me for it, that you have to
pay the whole bill if I screw up? It's indemnification all over that
document, the document that doesn't exist, but it does exist in a
recommended plan. So you're technically correct.
Thank you-all for your time. I urge you to vote no.
MR. MILLER: Your next speaker is Meredith Budd. She'll be
followed online by Judith Hushon.
MS. BUDD: Good morning. It's still morning.
Commissioners, Meredith Budd on behalf of the Florida Wildlife
Federation.
While the Federation is not supportive of the tentatively selected
plan as it's been proposed, it is really important to engage with the
Corps on this study, but it's equally important to understand that
modifications are needed to what has been presented to you and what
is in that tentatively selected plan.
In the final plan, Collier County needs to ensure that you guys
are urging the Corps to prioritize nature-based features, natural
features, plan in concert with other adaptation and mitigation efforts,
September 14, 2021
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seek compatibility and other opportunities with restoration for the
ecosystem and water management practices.
We also want to ensure that decisions are made equitably so that
all of Collier County residents can see the benefits of the resiliency
plan.
Federal funding is paramount for the effectuation of these
large-scale projects. And while FWF doesn't believe that the county
should withdraw all support for the plan, we do believe that Collier
County should take a very strong stance on the need for these
nature-based features and, as such, major modifications will be
needed in the final plan.
Collier should engage, as my colleague Brad Cornell had
mentioned, with the technical advisory committee. That was a great
suggestion, I believe, by Dr. Savarese and supported by the Board
during the April meeting, and engage closely with the Corps along
the entire process to ensure that the concerns are met and addressed
in the final plan. So we don't withdraw support -- or, excuse me, we
don't support withdrawal from supporting the overall concept, but
you do really need to think -- be thoughtful on how we proceed
forward and make sure that the necessary modifications are made so
when the final plan comes we do have projects that we can effectuate,
that we do want to fund, that we do want to move forward with.
Thank you so much for your time.
MR. MILLER: Your next speakers are online. We'll start with
Judith Hushon. She'll be followed by Kathy Worley.
Ms. Hushon, you're online. You have three minutes, ma'am.
MS. HUSHON: This is Judy Hushon.
The U.S. Army Corps of Engineers was tasked with providing
potential solutions for several vulnerable Florida cities: Miami,
Naples, Tampa. In every case, they have proposed solutions
involving heavy engineering which is, of course, what they're known
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for.
Miami has pushed back rejecting the flood gates and 15-foot
steel barrier walls. It is in the process of negotiating a mutually
acceptable set of options.
I strongly encourage Collier County to do the same as Miami is
doing. We need a resiliency adaptation study which we were
supposed to initiate three years ago, but nothing has happened. In
that time I prepared a partial statement of work and provided it to
Amy Patterson along with a list of institutions qualified and
experienced in doing these types of studies from whom we could
solicit a proposal. We need a resiliency adaptation study now. It
will indicate options that we can discuss and agree with on the Corps
so we can benefit from the federal money being offered.
The water school, the ACUNE team, and the Southwest
Compact are all available to assist Collier in climate change
preparedness and what would happen with or without the Corps.
There are many options that were not considered by the Corps
that can offer significant benefit such as nearshore/offshore reefs to
break up the storm surge and to pour hardened dunes to withstand
surges' pounding waves. These are not necessarily 15-foot dunes but
are hardened in the middle with concrete and covered with sand and
plantings.
Therefore, rather than just rejecting the Corps' proposal, let's
reject their plan and agree to continue planning with them over the
next two years. Whatever we agree upon that qualifies for federal
funding must meet the cost-benefit goals that the Corps uses. This
would mirror what Miami is doing and could be a win for Collier as
well.
Thank you.
MR. MILLER: Madam Chair, your final registered speaker for
this item is Kathy Worley.
September 14, 2021
Page 68
Ms. Worley, I see you online. You have three minutes, ma'am.
MS. WORLEY: Thank you, and good morning,
Commissioners. Kathy Worley, Director of Environmental Science
here virtually on behalf of the Conservancy of Southwest Florida.
While the Conservancy appreciates the Army Corps -- that the
Army Corps and county staff have spearheaded efforts to address
storm surge, we believe that the tentatively selected plan as presented
by the Corps to this board and at many public meetings is not the
right plan for Collier County. The Conservancy believes that the
county needs a more comprehensive resiliency plan instead of one
focused almost entirely on attenuating storm surge.
Storm surge is only one aspect of climate change. And while
important, a multitude of other climate change impacts, like sea level
rise and inland flooding, are equally problematic.
The Corps' feasibility study is heavily reliant on hardened
structural measures as solutions. This approach can have significant
environmental water quality and quality of life implications.
For example, it doesn't address saltwater contamination of water
supplies or submerging [sic] of gravity-fed stormwater systems. It
doesn't address the impact of surge barriers and sluice gates that
when they're closed they could impound water, and then when the
gates are opened again, the increased point-source discharge could
exacerbate our current water-quality issues in our estuaries and
nearshore waters.
Inland flooding from heavy rains is also likely to worsen with
climate change, and the study suggested placement of floodwalls
along roadways that could block or slow drainage.
There's just too much at stake to get this wrong. We are
concerned that if this board moves forward with the letter requested
by the Corps and funding is then authorized by Congress, we could
be locked into a design that could do more harm than good.
September 14, 2021
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The design, in all likelihood, would be based on the feasibility
report. And although you may be able to tweak the design in the
future, the design will be based on those structural alternatives that
were presented in the feasibility study.
The Corps is not going to design alternatives that they haven't
studied once this process is set, and once the process is set in motion,
it's very hard to change.
Please consider taking a step back today and looking at all the
challenges before us holistically. Invite the Corps to come and help
after a comprehensive resiliency plan is completed that makes the
best use of available science, local experts, and available planning
tools, including the Corps' feasibility report, which is a public
document we can access.
Input should come from all community stakeholders. The
problem is, is unless you look at all of the aspects of climate change
together and not just focus on one by itself, which is what the Corps
is doing, we can make things worse. The right design is worth the
effort and the time necessary to get this right, which will ultimately
provide us with a better chance of success in the long term. We
really can't afford to get this wrong.
Thank you so much for your time and consideration today.
CHAIRMAN TAYLOR: Thank you very much.
Commissioner LoCastro.
That's the end of the public --
MR. MILLER: Yes.
CHAIRMAN TAYLOR: -- comment, okay. So now the
public comment is closed.
COMMISSIONER LoCASTRO: I agree with pretty much
everything the public said. I just wanted to clarify a couple things
and reiterate a few things.
You know, to the gentleman that raised the plan, you know, I
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can't stress enough -- first of all, I'm so disappointed at the
misinformation that's out there from the public, and it's really
confusing them. That's -- sir, you held up cartoon drawings. Those
aren't blueprints. Those aren't architectural drawings. We've voted
on nothing.
And so, you know, I really -- you know, Joe, if we ever talk to
the Army Corps, they need to stop putting the word "plan" buried on
Page 400 because people really zero in on that. It's a study. We've
voted on nothing. Those drawings are not what we're going
to -- nobody up here thinks a 50-foot wall is coming. We will never
vote on that. I could say that I think almost with 100 percent just
because I know my colleagues up here, and we're not dumb, and
we're not stupid.
We voted to build nothing. We are not doing a money -- we
voted to do -- it's an option. But we already know some of the
challenges and negatives that come with federal dollars. But that's
not always a negative. If we have a Katrina that hits here, we'll be
screaming for federal help. So it's -- you know, it's a mixture. We
have to find the balance.
But, you know, I just can't stress enough -- every single person
came to the podium and said, please vote down the plan, please vote
down the plan. The plan, plan. This isn't a plan. It's basically the
Army Corps of Engineers giving us the bionic recommendations of
everything was humanly possible. And, you know, from the
experience that Joe has had and that I've had and other people have
had, very rarely do you say, yeah, that all sounds great. Go. It's just
guidance and thoughts, and then we decide, and we've decided
nothing. We have voted on nothing.
And everything that you showed, I think, that's sort of what got
a lot of citizens -- and rightly so -- nervous, because I'd be nervous if
I saw all those things. But those are cartoon drawings. They're not
September 14, 2021
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blueprints. They're not construction plans, and we haven't voted on
any of those cartoon drawings.
Those are ideas where the Corps is trying to show us a visual of
what they mean. And we have all looked at those. And I think I
can speak for everyone here, we go, wow, well, we know we
wouldn't do that. I mean, I think it's a foregone conclusion.
So I'm just saying to the public and the people that are listening
that didn't have the opportunity but sent us hundreds of e -mails,
please vote no on the walls, please vote no on the plan, please no on
this, you couldn't be more off base. It's not a plan. It's a feasibility
study. And getting the benefit of that study...
And then I like the idea of the technical team. I mean, that, to
me, is like a no brainer. But we take that feasibility study, and then
we start picking it apart, and then we put in all the pieces that
we -- that are valuable to all of us here that maybe the Corps doesn't
focus on as much, which is the environment, aesthetics.
The Corps -- Joe and I were sort of joking in the back. I've seen
some feasibility studies from the Corps, and we look at it and we go,
that's the ugliest thing I've ever seen. That would never fly on my
base in the military or the civilian or whatnot. They don't take those
things into consideration. They're just giving you engineering stuff.
But, you know, I wanted to clarify what you said, sir. I respect
you holding it up, and I know that that's what makes a lot of citizens
nervous seeing those drawings of the walls and everything like that,
but we haven't voted on any of those nor do I think would we, and
those aren't construction plans.
CHAIRMAN TAYLOR: Thank you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. First of all, I
want to thank Commissioner Taylor for bringing this forward. This
has been a very important conversation. And I want to say just for
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the record -- this is just my personal view -- the City of Naples is
very fortunate to have Commissioner Taylor representing their
interests because we would not have had this discussion today
without that.
I also want to thank Vice Mayor Hutchison for coming forward,
and I hope you didn't take any offense to not wanting to read the
proclamation. But one of my pet peeves is when we sit here and
somebody reads a lengthy document to us that we've already read.
So that was the rationale for that.
I know for a fact that Commissioner Taylor will make sure that
nothing moves forward with what's contained in this ultimate plan
without a great deal of public comment. She'll make sure that the
city's interests are well represented in that.
So my message to the city is we've heard you. Commissioner
Taylor has brought this forward and will continue to bring it forward,
and nothing's going to happen. There's not going to be a 10-foot or
20-foot or 30-foot wall built walling in part of the city without a great
deal of public comment.
The idea of a technical advisory committee, I think that's a great
idea. That will help, perhaps, eliminate some of the misinformation
that spreads around in reference to that. I think that would be a great
addition, and I would ask the County Commission to consider
directing staff to help develop that type of a technical advisory
committee with the city participation in that.
I want to also say that we heard from Joe Schmitt in terms of
what the downside is in moving forward with this, and I am
absolutely convinced that there's no downside in staying the course
right now. We'll have a year, two years, many years to make
ultimate decisions. So, again, I want to thank Commissioner Taylor
for bringing this up. I think it was a very important convers ation.
But I agree with Commissioner LoCastro, Commissioner Solis,
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and Commissioner McDaniel that the right thing to do today is just
move forward, keep this moving along, and then we'll have a
technical advisory committee to advise us, and then we can make
decisions about how to participate down the road. So, again, thank
you, Commissioner Taylor.
CHAIRMAN TAYLOR: All right. Well, you're welcome.
But can we -- can you consider this: That we do move forward; that
we do address beach resiliency; that we do use the data in the Army
Corps tentative plan; that we do engage Dr. Savarese and Dr. Sheng
in this; that we reach out to our friends in the East Coast also who are
really dealing with this in a very interesting way; that we keep that
going, but that we say, it's over now; that the -- that we understand
that the cost of this plan is more than the dollars and cents that
would -- that would be part of our participation. The beach
resiliency is number one; that we are going to spend the time anyway;
that the plan is essential to have because it has valuable data.
County -- Deputy County Manager Amy Patterson has said that
to me again and again. There's a lot of very good things here, but we
proceed independent of the Army Corps; that we understand and we
send a message to everyone in our community that we care about
beach resiliency. We care about protection of your homes. We care
about the future, but we are going to lead this using the Army Corps
plan as well as the expertise and, frankly, pretty impressive expertise
of Dr. Sheng and Dr. Savarese, the ACUNE and the ACUNE 1
project.
And the reason I'm saying this is that I did have a conversation
yesterday with Jim Morley, who's working very closely with the
mayor of the Miami-Dade Commission. And it's a strong mayor, so
she makes the decisions if it's up or down. And he basically told me
that they are going to continue but that the Corps did not address
issues like sunny day flooding, tidal issues, runoff, all those things
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and that they know that that has to be added to the plan. I think we
would share those same concerns.
Collier County's always been concerned about the future,
especially about the beaches and about the property values on the
beaches and maintaining a strong and vibrant economi c base, tourist
base. We have been given a great gift of this plan, but I think it's
now, in my opinion, time to say thank you very much, you've done an
extraordinary job, but let us go and use the resources that we have,
including this plan, and plan for our future independent of this Army
Corps plan.
I think the cost is too high. June of 2021 the City of Naples
made a hugely courageous decision. They decided that they would
take those beachheads and make it public -- take away the public
parking there, take it away, and give it only to Collier County
residents. That is us. That is the city and us. Sticker parking only.
What is going to happen -- and we've heard the testimony -- when the
Army Corps comes in here and say, you know what, you can't do that
anymore. You're using federal dollars, and we have a responsibility
to the taxpayers of this great nation we live in.
So, therefore, we have to open up the parking on the street, we
have to open up the parking on the beachhead and, oh, by the way,
we need easements here because we have to get over here to do this,
and we have to do that.
That's why the Collier County Commission in the '90s said no to
the Corps money. I never learned this until two months ago. That's
why. And here we are again. I think we can proceed. I think we
can send a clear message to our citizens and our voters. I think we
can send a really clear message and still proceed in a very positive
fashion and make the changes we need to make.
Thank you.
I think we probably should have a vote or motion on the floor to
September 14, 2021
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this effect, and I guess that would be my motion.
COMMISSIONER LoCASTRO: I think we have some
discussion.
CHAIRMAN TAYLOR: I'm sorry. Oh, yes. All these lights.
I'm sorry, I looked before.
Andy.
COMMISSIONER SOLIS: I just want to make it clear that I'm
not the one that's saying we should do anything like Miami, just to set
the record straight, since I got attributed for that.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER SOLIS: Okay. So I'm just throwing that
out there --
COMMISSIONER McDANIEL: Third.
COMMISSIONER SOLIS: -- because I think that's -- just
being humorous in probably a non-humorous moment, but anyway...
You know, I think part of the issue is that we're referring to this plan
and this process like it's our plan and process. I mean, Colonel
Schmitt was just saying, the Army Corps has its marching orders on
this. They've been directed to finish this study, and they have very
tight guidelines on how they do these things, and they're going to
finish that mission. They're going to do it regardless of whether we
like it or not. We can receive that and use it for whatever benefit
comes from it.
Now, I will say it again. I'm not in favor of a giant seawall
surrounding Collier County. It's a nonstarter. The issue of what we
would have to agree to to accept these federal funds, you know,
access easements, parking, I mean, you know, these are things that
come up at the end of this process once the study is finalized.
There was something that I heard that the colonel said that was
really important, too, is that we can say, okay, we don't like this part
of the plan, we don't like that part of the plan, and we don't like that
September 14, 2021
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part of the plan, and then the Corps is going to do some eva luation of
the whole thing that they came up with and say, essentially, you've
changed it too much. We're not going to do any of it either. And I
see the Colonel nodding.
So this is a process that I think we need to stay engaged in.
Yes, I mean, it's not perfect. There are things in there that are
just -- you know, I would consider them outlandish.
I think we will make sure -- and I'm committed to making sure
that we are as engaged as we can be and the public is as engaged as
we can provide engagement for this process with the Corps. But it's
their -- it's their process. It's their study, and they're going to go with
whatever they're directed to do, and they're doing that.
So, again, I think that to send the message that after so long of
getting this thing started, that now we don't even want them to finish
it is just -- I think it's -- that's not the message we want to send when
there is some benefit, and potentially millions and millions of dollars
of things that might actually work and might be nefit the community,
and we have to consider that.
And -- but, yes, we have to be engaged in that. So the technical
committee once there is something that's finalized -- because, again, I
heard Amy Patterson saying what we're looking at now is not
going -- maybe isn't even going to be what the plan is, ultimately,
when it's finalized -- or not the plan, the analysis, because I think
Commissioner LoCastro makes a good point.
So, again, I think we need to appreciate what this is. And it's
great to have the public this engaged in it and this concerned, because
there are some big concerns. I mean, we're all concerned about it.
But we need to keep with the process and see what we can do as a
result of the information that we get to benefit the folks in Collier
County.
And, again, it's not going to address every single part of the
September 14, 2021
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county. We know that. It's not going to address it because the
Corps is limited by their guidelines and what they can cover. And
whatever's not covered, I mean, yes, I agree, we need to start
developing our own -- our own plans, because it's not going to cover
all of it, or it might not cover any of it. They might not want to do
any of it.
So this is a process, and I hope we can continue and everyone
understands that we just need to stay engaged in this and keep putting
our best foot forward and seeing what we can do for the county in the
long run.
CHAIRMAN TAYLOR: Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I just -- if you feel it
necessary to make your motion to put this thing to bed, then do so,
but four of us have already told you we don't concur with you. And
I'm not interested in amending the motion to bring in other things that
weren't part of this agenda item.
I, like you, or Commissioner Saunders, thank you for bringing
this agenda forward, this item forward. It's been informative.
We've learned a lot. There were things I understood all along when
we were voting on it back in April that have become misnomers to
the public, rumors and scare tactics. Even your litany with regard to
the giving up parking spaces and all those, those things are all
potential if, in fact, we engage with the Corps of Engineers and take
federal money, but it's not part of this plan. It's not part of this study.
Again, we've all -- we've all been conditioned into referring to it as a
plan, but it's a study.
And so I really think if you feel it necessary to take a vote, make
your motion, and then we can get on with this. But for now, there's
four of us up here that don't concur with the executive summary and
what you've brought forward.
September 14, 2021
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CHAIRMAN TAYLOR: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: I think everybody up here has
good intentions. We're just coming at it from sort of different
angles.
But, you know, there's a naive saying out there, and law
enforcement and military will certainly appreciate this, and it's called
"ready, shoot, aim," and you never want to do that.
And so when we're up here talking about the repercussions with
federal dollars and everything, that's not this step. And I agree with
Commissioner McDaniel, even the great idea about the technical
team, that's not today. That's not today.
All the things we've talked about or 90 percent of what we've
talked about is after we get the plan and the report. And I want the
most comprehensive report and plan. I want the three years of study
and the millions of dollars that have been used of taxpayer dollars.
Whether it's Collier County dollars or federal dollars, it's all one pot.
We all care. We all file our taxes on April 15th, and so we care
about that.
But I think it behooves us to be responsible and get the report,
and then there's all kinds of things that we can do with it.
Everybody in this room cares about this county. We care about the
aesthetics and the environment and whatnot, so that's where we take a
look at it.
And it's not one plan you're either going to say yes or no. There
are literally thousands of things that are going to be buried in that
final report that we are going to pull out on our own, and if we decide
to chase federal dollars, that's a vote, that's a decision, and that's not
for today. And we know the repercussions, and if th at's not
something that we want to do, then we don't chase it. Then we do
stuff in-house.
But I think -- I'm going to make the motion that -- unless there's
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other comments, if there's lights on -- that we move forward here,
because I like what Commissioner Saunders had to say. What'd you
say, that's an hour of my life I won't get back or what'd you say, we
only have so many lives in our bodies?
COMMISSIONER SAUNDERS: Something like that.
COMMISSIONER LoCASTRO: Yeah -- that we let the -- the
motion is, let the Army Corps of Engineers finish their work. I was
very impressed with the team that Amy and Sean brought -- or
Trinity, Amy, and a few others brought into my office several times
to talk about the benefit of being good partners with the Army Corps,
being enthusiastic about their work and making sure we squeeze
every bit of juice out of them that we can, and then we'll know where
the gaps are.
We're smart people here. This is our community. We'll know
that they didn't address this one area, the y didn't address another.
But one of the smartest things I heard in here -- and whoever it was,
raise their hand -- regardless of what we're talking about here, we
have major flooding areas in Collier County. We have some areas
we should really be concerned about. And the answer might not be
50-foot walls, but having a plan like that that confirms some areas
that we're concerned about will help us move forward and make
smarter decisions. So I'm all for that.
My motion would be that we let the Army Corps continue to do
the work and then the staff comes back to us when they have a copy
of the plan, and then we go from there and break off parts and pieces
of it with maybe a technical group or whatever. But that's down the
road. So my motion is that we let them continue, we get the plan,
and then we reconvene with the public, our local experts, and
anything else we decide would be advantageous to us moving
forward in a responsible way and using whatever's in this plan to the
best of our ability to make some hard decisions or not, and that's what
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we will wind up deciding.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. I believe you
had made a motion a while back. There was no second to that
motion that you were making.
CHAIRMAN TAYLOR: That's correct.
COMMISSIONER SAUNDERS: So I'm assuming that motion
failed for a lack of second.
CHAIRMAN TAYLOR: That's correct.
COMMISSIONER SAUNDERS: So we have another motion.
And, Commissioner LoCastro, what I would suggest is that we don't
need a motion to move forward. And so I would ask that you just
withdraw that, and we just move on.
But I would also disagree with one thing. I think creating a
technical advisory committee sooner rather than later is better, and I'll
tell you why. If we said to staff, create this committee, we're going
to be sitting here three, four, five months from now still trying to
evaluate who's going to be on that committee because they've got to
figure out what the committee's going to do. They've got to
advertise. And so I'd like to get that process started. I don't know
that we need -- I don't think we need a motion to do that. I think if
everyone's in agreement to do that, then staff can start that process.
But I think that will take several months to come up with what it is
that we want this committee to do, and so I would suggest that.
But I think in terms of your motion, I don't know that we really need
to move forward with that.
CHAIRMAN TAYLOR: Deputy County [sic] Patterson, I
think we have -- we've already formed a technical committee.
MS. PATTERSON: So -- Amy Patterson, again, for the record.
When we last visited this item and Dr. Savarese made his
presentation to the Board, we essentially got direction from the
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Board, as staff, to work on two groups. One was stakeholders to be
able to collect and vet concerns of the citizens to ultimately, then, be
passed to a technical working group. So it's not -- at that time was
not an advisory committee or any type of Board-seated committee but
rather a group of experts on behalf of the entire county that could get
together and look at the technical pieces of this.
And we've had a lot of interest from local engineers, the
nonprofits like Meredith and Brad, that would like, at the appropriate
time, to participate. That's the standing direction we have. If we
need to do something different or formalize it, I would then defer to
the County Attorney for any other action that we need as far as
seating that technical committee.
COMMISSIONER SAUNDERS: I would think that we need to
formalize that so that there's more public information available.
This would be a committee that would be subject to the Sunshine.
They'd have meetings that were advertised. And I think that would
help clear up some of the public confusion.
We don't need to take any action on it today, but I think -- I
think that moving forward with that sooner rather than later would
avoid some confusion.
MR. CALLAHAN: Commissioner, we'd be happy to bring
back an item on the next agenda.
COMMISSIONER SAUNDERS: I don't think it has to be that
quick. I mean, just take your time, figure out what this type of
formalized committee would do. And what types of expertise do we
want on it. And spend some time. I mean, it's not like thi s is a
Corps of Engineers plan and we're going to start construction
tomorrow. We're talking about something that's years and years
down the road, so let's do it right.
MR. CALLAHAN: Sure.
COMMISSIONER SAUNDERS: Do it slowly and right as
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opposed to quick and not right.
MR. CALLAHAN: We'll bring that back on a future agenda,
then. We'll say that.
CHAIRMAN TAYLOR: Okay. So --
COMMISSIONER McDANIEL: So I have a quick question.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: What's ACUNE stand for? I
can't remember.
CHAIRMAN TAYLOR: What is what?
COMMISSIONER McDANIEL: ACUNE. Anybody
remember?
CHAIRMAN TAYLOR: No.
COMMISSIONER McDANIEL: It's an acronym for
something. They do an enormous amount of study and work and
analysis on flooding areas and that sort of thing.
COMMISSIONER SAUNDERS: I think it's their computer
program that they --
MS. PATTERSON: It is. It is Dr. Savarese and Dr. Sheng's
modeling program that -- we actually have multiple NOAA studies
going. The first ACUNE is nearly complete, and two follow-ons are
going. I'm sorry. I can provide what the acronym stands for, but it's
not -- it escapes me.
COMMISSIONER McDANIEL: It was a bell that was going off
when we were talking about forming this additional committee, and
that works -- I mean, we may want to take additional action and have
a different discussion about it, but that works -- Dr. Savarese is
talking about a regional compact amongst multiple counties that are
impacted by the data that's coming out of hi s study.
So I think, as you suggested, let's stay on top of this, but take our
time and do it right is imperative.
MS. PATTERSON: If I may, Mr. Miller just got me -- got us
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the name. It is Adaptation of Coastal Urban and Natural
Ecosystems, ACUNE.
COMMISSIONER McDANIEL: There you go.
COMMISSIONER LoCASTRO: Show-off.
COMMISSIONER SOLIS: Madam Chair?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SOLIS: Something that was just triggered
in my memory here about -- we already have kind of a technical
committee, don't we, the Floodplain Management Committee? I
don't know -- could we also look at maybe, if there's already a
technical committee of some kind that can do this, that has -- you
know, can be expanded or whatever? I'm just -- you know, I'm
always weary of creating more and more committees which require
more and more staff time. If there's some way of looking at that in
conjunction to make sure that we get this process done, because I do
think it's a good idea long term.
MS. PATTERSON: We'll look at our existing committees and
see if there's a proper placement that could, as you said, be expanded
or have other public input from technical stakeholders outside of
those committees that could participate and bring it back.
COMMISSIONER SOLIS: Okay.
COMMISSIONER LoCASTRO: So I think, to move this
forward, I'll withdraw my motion. It sounds like if we do nothing
we're basically saying we are doing something. We're moving, and
that would be the decision process here, and I think that's prudent.
So I withdraw my motion.
CHAIRMAN TAYLOR: And just so that our friends in the
City of Marco Island and the City of Naples understand that this
technical committee has always included the staff and the expertise in
the adjoining cities including Everglades City. So there would be
three cities that would be involved, and that's always been part of the
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plan. But Pelican Bay hired its own engineer firm. They want to
participate. There's a lot of interest in this concept of building beach
resiliency.
Thank you very much.
Item #11A
AWARD INVITATION TO BID (“ITB”) NO. 21-7896,
“EMERGENCY/DISASTER RELATED STABILIZATION AND
RECOVERY SERVICES FOR ROADWAY SIGNS,” TO
SOUTHERN SIGNAL & LIGHTING, INC.- ADOPTED
MR. CALLAHAN: Commissioners, that takes us to 11A on
your agenda this morning, which is a recommendation to award
Invitation to Bid No. 21-7896 for emergency and disaster related
stabilization and recovery services for roadway signs to Southern
Signal & Lighting, Incorporated.
Mr. Ahmad, your Division Director of Transportation
Engineering, is available to answer questions or give a presentation
as necessary.
MR. AHMAD: Good morning, Madam Chair, Commissioners.
Jay Ahmad, for the record. I am, as Sean mentioned, available to
make a presentation or answer any questions that you may have.
COMMISSIONER McDANIEL: Move for approval.
CHAIRMAN TAYLOR: I'll second that. Motion on the floor
and a second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
September 14, 2021
Page 85
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
MR. CALLAHAN: Thank you, Commissioners.
Item #11B
PROVIDING DIRECTION TO THE COUNTY MANAGER ON IN-
PERSON AWARD PRESENTATIONS AND OTHER
RECOGNITIONS, USE OF THE BOARDROOM BY OUTSIDE
ENTITIES, AND CONTINUED USE OF COMMUNICATIONS
MEDIA TECHNOLOGY TO ALLOW INDIVIDUALS TO
PARTICIPATE REMOTELY IN COUNTY MEETINGS -
CONTINUE PRESENTATIONS AND OTHER RECOGNITIONS
AND REVISIT TOPIC IN OCTOBER/NOVEMBER –
CONSENSUS; MOTION TO ALLOW PUBLIC GROUPS TO USE
BOARDROOM OUTSIDE OF COMMISSION MEETINGS –
APPROVED; CONTINUE HYBRID REMOTE MEETING FOR
PUBLIC PARTICIPATION – CONSENSUS; CONTINUE HYBRID
MEETING FOR ADVISORY BOARD MEETINGS AND REVIEW
IN 2 MONTHS – CONSENSUS; CONTINUE CMA REGARDING
TECHNOLOGY EQUIPMENT – CONSENSUS
MR. CALLAHAN: That takes us to Item 11B, which is a
recommendation to provide direction to the County Manager on
in-person award presentations and other recognitions, use of the
boardroom by outside entities, and continued use of communications
media technology to allow individuals to participate remotely in
county meetings.
Mr. John Mullins, your Director of Communications,
Government, and Public Affairs, will walk you through a short
September 14, 2021
Page 86
presentation with a series of recommendations necessary.
MR. MULLINS: Thank you. For the record, John Mullins,
your Director of Communications, Government, and Public Affairs.
And as you glean from the all-encompassing executive summary
title, the County Manager seeks direction on several topics dealing
with public presentations, public comment, and public use of meeting
facilities. In an effort to be complete in addressing these several
items, staff is prepared to walk you through the categories and pose
specific questions to the Board to prompt direction if that approach is
welcomed.
(No response.)
MR. MULLINS: Silence is golden.
First two categories should go relatively quick. First, in-person
awards, presentations, and other recognitions. Staff offers these
observations to ponder prior to asking for direction. Now, given the
length of time we've had to suspend in-person recognition, a few
employees have declined an option to return for a formal presentation
or other form of recognition; however, we do have about 10 that
would welcome the opportunity to come back if it was provided.
COMMISSIONER McDANIEL: Do you want motions on
these things?
MR. MULLINS: I will hit a question after the observations and
seek your direction.
We also have greatly reduced the number of in -person
proclamation presentations, many involving groups of people from
various entities. And, lastly, as a courtesy and precaution during the
pandemic, we've also been producing videos for the Chamber's
Business of the Month presentation. The Chamber is on standby to
see if in-person recognition of said businesses will resume in
October.
So our first question for the Board is, are you ready to resume
September 14, 2021
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in-person recognitions, awards, and proclamations?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SOLIS: Madam Chair?
CHAIRMAN TAYLOR: Oh, Commissioner Solis, you -- right
at the beginning, yes.
COMMISSIONER SOLIS: Yeah. I mean, I -- we adopted a
policy back, I guess, in May of 2020. I would love to bring
everybody back, and I would love everything to be back to normal.
But I would suggest that we continue with the policy that we have for
at least another month or two until the numbers and the situation in
the hospitals, you know, improve. I think this is just a fluid
situation. And, you know, we're getting the work of the county
done. Let's give another two months and see where the numbers are,
and then we can revisit it again.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I agree. Obviously,
we've -- I think everything's worked very smoothly, and we do have a
little bit of a spike here that's going on in the county with the delta
variant. And so I think being a little bit cautious for another month
or two makes sense. We could -- we will soon go back to normal
operations but, you know, why risk it right now?
NCH, I think, is -- their census now for COVID patients is pretty
high. A good friend of mine's 42-year-old son just died yesterday
from COVID, no preexisting conditions, no vaccinations. So, I
mean, it's -- the reality is there's -- the virus is out there circulating,
and waiting another month or two, I don't think, really hurts anybody,
so I would agree with that.
CHAIRMAN TAYLOR: Anyone else want to -- no one else
is --
COMMISSIONER McDANIEL: You're looking at me.
September 14, 2021
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CHAIRMAN TAYLOR: Yeah, I am.
COMMISSIONER McDANIEL: I mean, I'll be happy to share.
I mean, there's certainly no harm in holding off for another couple
months.
I'm awful sorry about your friend's son that went away.
There is -- there is a virus amongst humanity. We need to be
cognizant of it. I am ready for us to go back to work and resume our
regular proceedings along those lines.
I'm not demanding, certainly, that we go back today on all of our
old processes. Proceeding with caution is a fine way to go. We're
not limiting the participation in our meetings. We're not mandating
masks or anything along those lines.
The numbers, by the way -- I get those daily reports both from
Lee Health and Naples Community Hospital. The numbers are
coming down.
CHAIRMAN TAYLOR: Yeah, they are.
COMMISSIONER McDANIEL: The availability of assets for
our community's healthcare are rising. There is, relatively speaking,
sufficient assets there available for our community to do that. I don't
think our operations adjustment are going to have an impact overall
across the board, but I certainly don't disagree that waiting another
month or two isn't going to -- isn't going to hurt us either, so.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: John, I just wanted to add, I
mean, we spoke about this in my office. And this is more about
recognition, you know, not -- I don't want to turn it into a big COVID
thing. And so I think the overarching focus should be, continue to
pick the best and the brightest and whatnot, and whether they get
recognized here or not, I do agree. I think, you know, tabling this
for a month and then seeing how things are going, it's prudent.
It's -- you know, we could argue this for three hours.
September 14, 2021
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But the folks that didn't get recognized here in public, I think
continuing to do what you're doing -- and we talked about this.
Should we just say, hey, too bad, so sad, you know, you were in that
window where, you know, you were already recognized? But some
people did come back and say, wow, if I had the opportunity to come
back here -- and I think it doesn't add an hour to this meeting. We
certainly could do it in an expedient, you know, way but still, you
know, recognizing them properly. And there were some really good
organizations and some superstars that are buried in there that sort of
got lost on Zoom or, you know, the way that we did it quickly during
COVID.
So I would say the piece you also mentioned was, do we
continue to reach back to the people that didn't get their photo, they
weren't here, and give them the option? And like you said, some
people are like, eh, I got the plaque, thanks, I'm good. But to the
others that maybe, you know, want to do it, let's make sure they don't
fall through the crack. I just wanted to add that, because obviously
there's some that said, yes, even though it was four months ago, I'd
love to come in here and be recognized. And some of those
organizations could use the visibility because they're doing really
amazing things, and they sort of missed out on it, so...
MR. MULLINS: So to make sure that I'm understanding
correctly, you would like to begin recognizing the past award
winners, the Employees of the Month, as long as we're doing it
individually or as a small group, and not continue with in-person
proclamations and presentation to see outside groups and the
Chamber's Business of the Month; is that -- I think you parsed out
one section.
COMMISSIONER McDANIEL: I think we said move this
down to November.
CHAIRMAN TAYLOR: Okay. We're going to look at
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this -- we're going to revisit this in November.
COMMISSIONER McDANIEL: And we don't want to forget
anybody that would like to come before us. We want as much
recognition as possible. As Commissioner LoCastro -- I don't think
Commissioner Solis was talking about dis -- or putting off anybody
that might like to come before us, but we're going to address this
October/November based upon --
COMMISSIONER LoCASTRO: So business as usual until
November -- until October or November where we think we'll make
the -- we'll go back to normal, but business as usual for now.
MR. CALLAHAN: And, Commissioners, we do -- we did have
some plans in action to recognize those different groups of
employees. We've since pushed those off pending your direction,
and we'll continue to do that until the October or November time
frame when we revisit this.
CHAIRMAN TAYLOR: So there's another matter. Chairman
Frank Schwerin has asked me whether or not the County Commission
would consider the CCREC coming into this room and using it as
they have historically for as long as they have been created. And so
I'm wondering if that is something that you -- I want to know what
the -- take the temperature up here and understand how you feel
about that, and we'll start with Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I think we ought to
let the CCREC come back on their monthly meetings here. They've
done that for I don't know how many years. Probably 20 years, if
not longer. And I think we can start that right away. We're not
really restricting the seating in the meeting room right now.
COMMISSIONER SOLIS: Well, then --
COMMISSIONER McDANIEL: And I agree. I mean, it's --
COMMISSIONER SOLIS: It's not business as usual, then. So
we're changing --
September 14, 2021
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CHAIRMAN TAYLOR: But it's the evening.
MR. MULLINS: And, actually, if I may, the actual next
category that I was going to go into was the use of boardroom by
unaffiliated outside entities, because we have had some recent
requests by some outside groups and congressional delegation
members who would like to use this facility for town halls and, to be
consistent with board policy, we have denied those requests until this
meeting until we got further direction from the Board.
COMMISSIONER McDANIEL: I was lit up before.
COMMISSIONER SOLIS: Yeah. I mean, I'll -- since I -- I
would make that as a motion, if we needed a motion. I think you're
just looking for direction. But, you know, I think let's give it a nother
month or two and -- before we start having public meetings and
nonaffiliated groups. And I think we -- it's the safe thing to do just
to continue the way we are. Let's come back in November, see
what's going on in the community, and then hopefully we can go
back to business as usual. The CCREC and whoever wants to use
the room can use the rooms, and we won't have to worry about it
anymore. That's -- that was my point.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Well -- and I don't
agree with -- I mean, the CCREC specifically, we met down in the
public library last night on the -- on the -- in Lely at the south branch.
And so closing this facility to public use I don't concur with. We
have proper sanitization practices in place. I need we should -- I
think we should and could open this facility up for after -hours use
and go on as -- go on as we were.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I think we're talking two
different things here. So recognition of employees and groups and
whatnot, we've said we want to go business as usual for another
September 14, 2021
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month, and in my opinion, I think it's six of one, half dozen of the
other, but there's no harm in that.
Opening up this building, I agree with Commissioner McDaniel,
there isn't a mask mandate right now, although there's folks that are
being prudent and concerned and whatnot. But I think if that
organization wants to come in here and assume the risk, if they think
there's risk or they think there isn't, it's an after-hours thing. We're
not making them part of our meeting. We're basically giving them
the key to this door. And if we don't give the key to this door,
they're just going to go down to the public library anyway. It's not
like we're canceling their meeting.
But I think they have every right to come in here and take
whatever precautions they need. I think we have a few homework
assignments that if a group comes in here and uses this room, that we
make sure that our housekeeping staff does all the right things
afterwards so that the next folks that come in here can feel that the
room has been sanitized or whatever. But I think we allow public
groups to come in here, you know, based on, you know, the situation
at hand right now where they're going to other public areas anyway,
and it's -- they're taking the risk if they think there's risk, or they're
using the room and using it prudently.
So I would agree that that shouldn't be business as usual. I
think we should allow them to come back in here and use, you know,
a room that they built.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Well, then, I mean, if that's the will
of the Board, then I think we need to go through one by one, because
I was trying to short-circuit going through every single thing that we
changed since May 2020 and say let's just continue the policy that we
have now and relook at it. But, I mean, if we're going to start
picking and choosing, then let's go through the list and do them one
September 14, 2021
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by one. I mean, I was trying to avoid that just by saying let's
continue going the way we've been going.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I don't think we're
picking and choosing. I think we're saying, okay, we're going to
operate our government the way we have in the past in terms of
protecting our employees and, you know, reducing the numbers of
people that come to our meetings. But in terms of private
organizations that want to use the room, I think we're saying -- I think
three of us have said, if I'm not mistaken, we're not looking to say,
okay, CCREC can come in but we have to take this one by one. I
think we're just saying, basically, public can use our room as has
been done in the past.
COMMISSIONER McDANIEL: Right. Is it my turn? I
don't want to --
CHAIRMAN TAYLOR: You know what, it's lovely because
Commissioner Solis' name is still up there, so we'll --
COMMISSIONER SOLIS: I wasn't suggesting that -- I was
referring to the policy of -- I mean, right now we have a policy
where, you know, meetings aren't being held here. Again, I was
trying to shotgun the whole thing. So there are outside groups who
want to use it, whoever they are. If we're going to allow that, then,
okay. But then let's go through the list of other things that are on the
list for consideration.
COMMISSIONER McDANIEL: As a point of clarification, I
thought we were doing that. I was -- I didn't realize you were shot
gutting -- shotgunning his whole list. I thought we were going
through, okay, we're going to do the recognition and Chamber of
Commerce things. That was one. And we agreed to go for a couple
of months, month or two to see how it goes. Number two was
outside public -- I didn't -- I didn't realize your intent was to
September 14, 2021
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shotgun --
COMMISSIONER SOLIS: Yeah. My intent was --
COMMISSIONER McDANIEL: Yeah.
COMMISSIONER SOLIS: -- instead of going through each
one, let's just continue things the way they've been going for a couple
months, revisit this in November. But if we want to go through one
by one, that's fine.
COMMISSIONER McDANIEL: I wouldn't have supported it
if you were -- if I'd a known you were looking to do everything all at
once. As far as awards and what we're doing with our businesses, I
was fine with that. I want to --
COMMISSIONER SOLIS: Okay. Well, that wasn't my
intention, so...
CHAIRMAN TAYLOR: All right. So let's get a motion in
terms of the public using this room outside of the commission
meetings. And am I phrasing this correctly?
MR. MULLINS: Yes, you are correct.
CHAIRMAN TAYLOR: All right. So do I hear a motion to
allow the public to use this room outside of the commission meetings
and to certainly schedule that through staff?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN TAYLOR: Okay. There's a motion on the floor
and second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
September 14, 2021
Page 95
MR. MULLINS: Thank you. Staff will begin accommodating
these requests from outside organizations. We'll ask facilities to
ensure sanitize -- easy for me to say -- sanitization -- and I still may
have butchered it -- after these events occur.
All right. The last one is the big enchilada, the use of
communications media technology to facilitate hybrid remote
meetings. First off, and to summarize this particular topic, all
previous emergency guidance provided by your local emergency
executive orders and those of the Governor have now expired. Upon
consultation with the County Attorney, the Board is at leisure to
continue with your current hybrid remote format should you be
satisfied with current registration procedures and the skilled
facilitation of our TV production and IT staff. It's your meeting, and
the current hybrid remote practices are not in conflict with Florida
Statutes.
I can also inform the Board that some of the suggestions you
made in June have been incorporated over the summer break
regarding online public comment registration for your BCC meetings.
Address and phone number are no longer optional fields; they are
now required. Another suggestion from your last meeting was a
formal cutoff to online registration for virtual public comment for
BCC meetings, and upon consulting with our technical production
staff, our recommendation is cutting off registration for online public
comment upon the start of your meeting. Mr. Miller and his crew
have expressed a comfort level in this timing an d facilitation.
As for meetings of advisory boards and committees, councils,
and agencies through updated county practices and procedures, a/k/a
our CMAs, the County Manager could administratively facilitate, as
applicable, hybrid virtual meeting structure and participation as
allowed by Florida Statutes, incorporating the structure and approval
criteria from your previous executive orders when this technology
September 14, 2021
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was new, untested, and implemented due to the pandemic
circumstances. It's, over the last almost 18 months, become second
nature to us now.
So the questions for the Board are, first: Are you satisfied in
continuing your BCC meetings with a hybrid virtual format as
currently utilized with the online public comment registration
concluding at the start of the BCC meeting?
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER McDANIEL: I would -- I would -- only on
the process. I would give due consideration to the cutoff time maybe
being lengthened, a preregistration requisite sooner than the
beginning of our meeting. But I'm okay with it the way that it is. I
love the hybrid meetings. I've been doing them quite successfully
myself, so I welcome it.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: I agree. I think we should
continue that. If anything, it's increased the participation by the
public in our meetings.
COMMISSIONER McDANIEL: Sure.
COMMISSIONER SOLIS: And it gives the advisory board
some flexibility. I mean, there's still people with health concerns.
So, I mean, I think we can continue that. It's worked very, very well.
And the staff has done a great job, by the way, of -- every time we've
used that, it seems like it's gotten better.
MR. KLATZKOW: There are -- if I may interrupt. There are
two issues. There's the public issue, and that's fine what you do, and
then there is the members of the advisory boards. And we're still
under -- all the executive orders expired. Attendance is mandatory
unless there is exceptional circumstances. So if you're an advisory
September 14, 2021
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board member, unless there's an extraordinary circumstance for you
not being there, you need to attend that meeting in person.
CHAIRMAN TAYLOR: I agree.
COMMISSIONER SOLIS: So a motion cannot be made at the
beginning of an advisory committee to allow somebody to attend
virtually?
MR. KLATZKOW: No. There needs to be an extraordinary
circumstance, and if somebody doesn't simply want to show up
because of health concerns or whatever meeting afte r meeting after
meeting, well, that's no longer extraordinary. That's now ordinary.
So we're just -- we're back to the old way of doing business that the
Sunshine requires that the advisory board members be present, with
the only sole exception of the extraordinary circumstance.
COMMISSIONER SOLIS: Okay. I mean, that's the old way
of doing it, but at least for the public, I think it's been great for the
public.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I don't think there's a
definition of extraordinary circumstances, and we've been fairly
liberal over the years --
COMMISSIONER McDANIEL: Not me. Not me.
COMMISSIONER SAUNDERS: -- in accommodating people
to participate remotely without going into a whole lot of detail as to
what the circumstances are. So I think that that's worked well
because what might be an extraordinary circumstance to me may not
be an extraordinary circumstance as Commissioner McDaniel may
define it.
So I think proceeding the way we have been -- if an advisory
board member feels more comfortable because of COVID, to me,
that's a strong enough reason for that person to participate remotely,
at least for the next couple of months. So I think staying the course
September 14, 2021
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the way we've done it is what I would recommend.
CHAIRMAN TAYLOR: So there's two issues. First of all, it's
the public and how they participate, then it's advisory boards. So
let's make this, you know, very clear for Mr. Mullins what we are
intending. So let's address the public participating through the
virtual hybrid arrangement in our meetings.
COMMISSIONER SAUNDERS: I agree with Commissioner
McDaniel, we should continue that.
COMMISSIONER LoCASTRO: Continue.
CHAIRMAN TAYLOR: Continue.
COMMISSIONER McDANIEL: Do you want formal motions
or -- I don't think -- we are all going forward.
CHAIRMAN TAYLOR: We don't need to. It's a 5-0 on that
one. So let's talk about advisory board members. What's your
pleasure there? Commissioner McDaniel.
COMMISSIONER McDANIEL: I think Commissioner
Saunders typified it. We -- the executive orders are over, and I think
we should continue on doing what we're doing just as he said.
COMMISSIONER SAUNDERS: We have to have a majority
of those boards in the room for quorum, but if some member feels
more comfortable participating remotely, again, for the next couple
months, I think we should continue that.
CHAIRMAN TAYLOR: So then it's business as usual but up
for review in two months.
MR. MULLINS: Understood. And so with that, I would
ask -- and this is the last question I have for you: Do you approve of
the County Manager approving and ensuring compliance via our
CMAs, the utilization of communications media technology for the
use in hybrid remote meetings of other advisory boards, committee,
councils, and agencies?
COMMISSIONER McDANIEL: Yes.
September 14, 2021
Page 99
COMMISSIONER LoCASTRO: Yes.
COMMISSIONER SOLIS: Yes.
MR. MULLINS: That's all I have for you. Thank you.
CHAIRMAN TAYLOR: And before we break for lunch,
which we're going to do in a moment, I really want to thank our
technical communication department headed up by Mr. Miller.
You're right, I mean, every day it gets better and better. When I
think about maybe two, two-and-a-half years ago when Zoom was a
name that we didn't even understand and now, you know, it's second
nature. You have stepped up to the plate again and again, and thank
you very much.
MR. MILLER: Thank you, Madam Chair, but I would be
remiss if I didn't mention Oscar Nieves and Lisa Dunphy from I T
who are the two people behind the scenes you don't see doing all of
this.
CHAIRMAN TAYLOR: Well done to all of you.
COMMISSIONER SOLIS: The folks in the booth.
CHAIRMAN TAYLOR: Okay. So back at 1:00.
(A luncheon recess was had from 12:00 p.m. to 1:00 p.m.)
CHAIRMAN TAYLOR: Good afternoon.
MR. CALLAHAN: Is my mic on? There we go.
Item #10B
BOARD DISCUSSION ON THE PROPOSED LAKE
OKEECHOBEE SYSTEM OPERATING MANUAL BEING
DEVELOPED BY THE ARMY CORP OF ENGINEERS, AND
APPROVE A LETTER SUPPORTING SANIBEL CAPTIVA
CONSERVATION FOUNDATION/LEE COUNTY’S POSITION -
MOTION TO APPROVE SENDING THE LETTER PROPOSED IN
THE AGENDA PACKET – APPROVED
September 14, 2021
Page 100
MR. CALLAHAN: Madam Chairman, I believe that it would
be appropriate to move to Item 10B, which was a time-certain to be
heard no sooner than 1:00 p.m. That was a request that the Board
discuss the proposed Lake Okeechobee System Operating Manual
being developed by the Army Corps of Engineers and approval letter
supporting Sanibel-Captiva Conservation Foundation and Lee
County's position. This was added to the agenda at the request of
Commissioner Taylor, so I'll turn it over to you, ma'am.
CHAIRMAN TAYLOR: Thank you very much. I think we'll
let the science lead the way. And then afterwards, Chairman Ruane
from the Lee County Commission is going to make a few remarks.
So on that note, I think we're going to hear from Mr. Evans first.
MR. MILLER: He is online with us. James Evans, if you're
ready, you can unmute and begin.
CHAIRMAN TAYLOR: Yes, excuse me. I'm sorry. We're
going to be introduced by Nicole --
MR. MILLER: Hold on a minute, James.
CHAIRMAN TAYLOR: -- Johnson from the Conservancy.
MS. JOHNSON: Oh, hi there. Thank you so much,
Commissioners. Nicole Johnson here on behalf of the Conservancy
of Southwest Florida.
And first of all, I'd really like to extend our thanks to
Commissioner Taylor for meeting with the Conservancy and
Sanibel-Captiva Conservation Foundation on this important issue and
bringing this up as an agenda item today.
You're usually used to seeing me here speaking on growth
management and land-use planning issues but, of course, the
Conservancy is very involved in water policy. It's part of the core
mission of both the Conservancy and SCCF, and our organizations
are here to speak to you on an issue that is extremely timely and
September 14, 2021
Page 101
probably one of the most important water policy issues and decisions
that are going to be upcoming.
And this is about the new management schedule for Lake
Okeechobee. This schedule is going to dictate how much water, and
when, will be released from the lake to the various outlets, including
the Caloosahatchee River. And while the Caloosahatchee does go
into the estuary in Lee County, certainly what happens in the
Caloosahatchee will impact Collier County.
The planning process will be for a new 10-year schedule and, in
part, it was because of the importance of this very issue that the
Conservancy and SCCF partnered to hire a hydrologic modeler as a
joint position between the organizations to take a look at this Lake
Okeechobee management planning from a science-based, fact-based
position. And I must say that our timing could not have been better.
There are a lot of stakeholders involved in this lake management
planning and, of course, various stakeholders have various
perspectives and areas where they really want to focus in on.
The Conservancy and SCCF are West Coast based policy
organizations, and we're really focused on ensuring that the
management of Lake Okeechobee, that release of water, the timing of
that is going to be sufficiently protective for our West Coast interests.
So with that introduction, I would like to turn things over to my
colleagues, James Evans, who is the director of environmental policy
for SCCF, and Dr. Paul Julian, who is the hydrologic modeler for
SCCF and the Conservancy.
Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. EVANS: Good afternoon, Madam Chair, members of the
Commission. Can you hear me okay?
CHAIRMAN TAYLOR: Yes.
MR. EVANS: Excellent. Okay. So for the record, I'm James
September 14, 2021
Page 102
Evans. I'm the environmental policy director for the Sanibel-Captiva
Conservation Foundation. And we really appreciate you inviting us
to speak with you today about the Lake Okeechobee System
Operating Manual. I'm sorry that we couldn't be there in person, but
we appreciate you accommodating us virtually.
Before we get into the Lake Okeechobee System Operating
Manual -- and I'm going to refer to it as LOSOM from here on
out -- I really want to set the stage and give you a little bit of
background information on the Caloosahatchee watershed, the water
management system, and how the management system impacts our
water quality here in Southwest Florida.
So the Caloosahatchee and coastal water quality are affected by
both watershed and Lake Okeechobee discharges. We're part of a
massive water management system that extends from just south of
Orlando to Lake Okeechobee in the Everglades, east to the St. Lucie
and west to the Caloosahatchee.
Caloosahatchee covers over -- an area of about 850,000 acres,
almost twice the size of Lake Okeechobee and, historically, the water
used to flow south through the central portion of the Kissimmee, the
Kissimmee River and floodplain. Once the water reached the lake, it
would spill over the banks and then sheet flow south into the
Everglades.
But today the system operates very differently. The freshwater
flows to the Caloosahatchee are managed by a series of water control
structures built as part of the Central and Southern Florida project
which was authorized by Congress in 1948.
And you can see these three red dots that go along the watershed
map here on the left-hand side of your screen, and that red dot on the
eastern side, or the right-hand side of your screen, near the lake is the
S-77 or Moore Haven lock structure. That's the lock that controls
the water that releases directly from the lake and into the
September 14, 2021
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Caloosahatchee.
Moving from right to left, you'll see the S-78 structure located in
the middle there in that red dot, and that's called the Ortona Lock
structure.
And then as you move -- I'm sorry? Oh, okay.
CHAIRMAN TAYLOR: No. I was just clearing my throat.
MR. EVANS: And as you move to the left, you'll see the left
dot -- the red dot on your left there at S-79. That's the Franklin Lock
and Dam structure, and that's the structure that actually separates the
freshwater portion of the river from the estuary, the saltwater portion
or the tidal portion of the river there.
Okay. So, historically, the Caloosahatchee was not directly
connected to Lake Okeechobee, and it wasn't really until the 1880s
when Hamilton Disston, a real estate developer and investor from
Pennsylvania, purchased four million acres of land from the State of
Florida with the goal of draining the landscape for agricultural and
urban development.
And then -- and Disston was responsible for dredging the
original canal that connected from Lake Okeechobee to Fort Myers
which was essentially a straight -- straight ditch. He used a dragline,
a steam dredge dragline to create that connection. And what he did
is, essentially, connected the Caloosahatchee and our watershed to
the Lake Okeechobee and Kissimmee watersheds, and that, of course,
had lasting impacts on the way water was delivered to the
Caloosahatchee and also how it impacts our coastal water quality.
And so in the 1940s, as part of the Central and Southern Florida
project, which was, again, authorized by Congress in 1948 under the
Flood Control Act of 1948, the Army Corps of Engineers picked up
where Hamilton Disston left off by continuing the ditching and
draining of the system from the Kissimmee all the way down into the
Everglades east to the St. Lucie connecting the St. Lucie Canal and
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Lake Okeechobee, and west, of course, finishing the work that
Disston did by widening the Caloosahatchee Channel and cutting off
all of the oxbows, which is the meandering channels within the river.
And this map actually shows -- shows the historic flow of the
Caloosahatchee River. You can see the blue line that is overlaid on
top of the -- what looks like a channel, the C-43 canal, as we refer to
the Caloosahatchee today. And you can see how that really changed
the system. And this is a map -- 1920s map near the area of LaBelle,
which is near downtown LaBelle today.
So, of course, the ditching and draining of the system had a
number of impacts to the Caloosahatchee. It impacted the way water
was delivered, and it also delivered -- it also impacted the quality of
the water that was delivered to the coast.
So as a result of the changes that have occurred to the water
management system, the Caloosahatchee was impacted by too much
water during the rainy season and too little water during the dry
season. And the images here on your right show you how the
Caloosahatchee and our coastal waters are impacted by too much
water during the rainy season. The image on the upper right shows
Lighthouse Beach Park on Sanibel Island and a dark-colored
freshwater plume that came out of the Caloosahatchee and extended
out into the Gulf of Mexico.
And this was in June of 2018. And you all may remember what
happened in 2018. It was one of the worst red tide events on record,
and I'll show you some images later on that kind of really show you
how much of an impact that red tide really had.
So not only do we see these large volumes of water reaching the
coast and the dark-colored water that can impact the way the water
looks, it can also impact the ecology of the estuary by reducing the
salinity or salt content in the water but with it it also carries nutrients
such as nitrogen and phosphorus that can feed harmful algal blooms
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like those pictures you see at the bottom.
The image on the lower left is an image of macro algae that was
piled up on Sanibel Island in October of 2006 following a very high
discharge event, and the image on the right shows what the
Caloosahatchee looked like in 2018 when large volumes of water
were discharged out of Lake Okeechobee into the Caloosahatchee,
and more than 70 miles of the entire Caloosahatchee had blue-green
algae blooms that looked similar to this.
And I know Chairman Ruane's going to be talking a little bit in
the future, but he and I had an opportunity to fly the river in 2018 and
see the extent of these blooms, and they were pretty extensive and,
obviously, it had a direct impact on our economy, which I'll talk
about here in a minute. But these events correspond with the -- with
the -- with the graph on the left here, you can see these peak events
correspond with these events.
So it's -- you know, when we have these lower-level discharges,
they don't have as much of an impact, but when we get these really
high-volume discharges that push this plume well out into the Gulf of
Mexico, that's when we tend to see these really, really harmful e vents
and then, of course, you know, that manifests into these large harmful
algal blooms like you see pictured here.
And I'll just point out, the scale here on the left -hand side of this
graph goes from zero all the way up to 25,000 cubic feet per second.
And so when we see flows greater than about 6,500 cubic feet per
second, that's when we start to see that plume extending out into the
gulf and impacting the ecology of the Gulf of Mexico. So it's when
we see flows that are greater than 6,500 where it really can impact the
coastal waters of southern Lee County, northern Collier County, and
into Collier and Monroe Counties, the flows are even higher.
And so we're not only impacted when we receive too much
water, but we're also impacted when we don't recei ve enough water.
September 14, 2021
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Because of the way the system has been ditched and drained and the
way that the springs used to feed the estuary, we no longer get that
benefit. And so now the Caloosahatchee does depend on water from
Lake Okeechobee in order to balance the salinity within the estuary
so that it doesn't get too salty, and then we don't see stagnation occur
and see harm to many of our estuarine organisms like oysters and
seagrasses and some of the freshwater tape grass that exists in the
upper estuary. So we actually need that water to hold that salinity at
bay downstream of the Franklin lock.
The image on your left, your upper left here, is a picture of the
Franklin Lock and Dam taken on June 2008 -- or June in 2008, and
what it shows you on the bottom of that picture is a harmful algal
bloom that's occurring in the freshwater portion of the river. And
this was a cyanobacteria or blue-green algae called anabaena, and it
has the ability to produce toxins.
So we don't see algae blooms only when we get high flow
discharges. We can also see these harmful blooms occur when we
don't get enough. So that's important to note.
And the image on the lower left shows the remnants of tape
grass or we call it -- it's a freshwater grass that provides really
important habitat in the upper estuary for the Caloosahatchee. But
following some events in 2000 where all flows were cut off to the
Caloosahatchee, we lost over a thousand acres of this important tape
grass habitat. That also has a direct impact on water qual ity, because
this tape grass has a baffling effect and can improve water quality.
And the same with oysters. That image on your right shows some of
the oyster reefs in San Carlos Bay that were impacted when we didn't
receive enough water, and the salinity in the water got too high, and
those oyster reefs perished.
So, you know, it's just important to note that we need water
during the dry season, and during the wet season we don't want too
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much. So it's kind of like the Goldilocks effect.
And, again, you can see how these events corresponded with
these very low-level discharges in 2008. And, again, in 2000 we
saw some other events that created some very significant harm in the
estuary.
And so when we look at the impacts of water quality in
Southwest Florida, these are some images that were taken in 2008.
You can see that these harmful algal blooms have a direct impact on
the quality of life of our residents here in Lee County, but those
impacts can be translated and transferred as far south as Collier
County, because when we are delivering large volumes of water to
the coast and nutrients that can fuel harmful algal blooms like red
tide, you also feel the effects of those discharges.
And these images on the left were the blue-green algae blooms
that covered the Caloosahatchee back in 2018. And then in July of
2018, we saw the first indicator that it was going to be a really bad
year for us when it comes to red tide.
That image in the lower middle there shows a 26-foot whale
shark that washed up on Sanibel's beaches right at the beginning of
the red tide bloom, and the images on your right, those were some
canals on Sanibel filled with both blue-green algae and dead fish
from the red tide, and the image on the upper right is at the time
Mayor Kevin Ruane with Holly Smith, who is our current mayor,
with Lieutenant Colonel Reynolds from the Army Corps of Engineers
looking at the impacts that the red tide and releases had on Sanibel
Island at the time.
So we know that water quality impacts our water quality, but we
also know that it impacts our local economy. And there were two
separate states of emergencies that were issued by Governor Scott
back in 2018. The first one was issued for the blue-green algae
blooms that occurred throughout the Caloosahatchee and St. Lucie
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estuaries, and the second one was for the red tide blooms that
impacted all of our communities, including Collier County.
I hear a little feedback. I don't think that's on our end. Just letting
you know.
And then, of course, that economic impact does translate to
property values. It impacts the property values. And in 2015, the
Florida Association of Realtors did a really good study looking at the
impacts of water quality and water clarity on property values in
Martin and Lee Counties from 2010 to 2013, and what they found
was poor water quality can impact property values in Lee and Martin
Counties by almost a billion dollars, with Lee County's aggregate
property values being impacted by over $541 million and Martin
County's aggregate property values being impacted by 428 million.
So when you have an improvement in water quality, the
property values increase. When you have an impact, those property
values decrease. So that's important.
And just like the BP oil spill, you don't have to have oil on your
beach for your property values or community or your tourism -based
economy to be impacted. And, of course, when our beaches are
being impacted by harmful algal blooms, I'm sure your tourism-based
economy is also being impacted. So that's important from a regional
standpoint.
And I also note that the City of Sanibel and the Sanibel-Captiva
Chamber of Commerce also, you know, recorded some stats during
the red tide bloom that occurred in 2018, and the City of Sanibel
picked up over 425 million pounds of dead marine life from our
beaches alone, and I'm sure Collier County, you guys had some, you
know, pretty hefty cleanup numbers as well. That came at a cost of
about $1.6 million to the City of Sanibel, and it came at an economic
cost of about $47 million in economic losses to Sanibel and Captiva
in 2018 from July to December, and that wasn't the entire time that
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we were impacted. So, you know, it has a direct impact on our
tourism-based economies.
So how do Caloosahatchee discharges impact Collier County,
because I know that's the question you're all asking. When we look
at the plume that occurred in 2018 -- and I'll just use this as kind of a
case study or as an example -- the discharges from the lake really
started in 2008 when the wake levels hit their peak levels and the
Army Corps of Engineers made the decision that they need to release
water out of the lake as they entered the rainy season or else they
wouldn't have enough capacity in the lake to accommodate a tropical
storm or a major rainfall event.
And so you can see the bloom -- the plume here that is right off
of Lighthouse Beach Park. The land mass you're looking at is
Lighthouse Beach Park on Sanibel Island. And you can see that
plume has just made it to Lighthouse Beach Park there.
If you look in your upper right-hand corner of the screen, you'll
also see a corresponding -- sorry. I didn't mean to do that. You'll
see a corresponding map with the monthly Karenia brevis counts
which is -- Karenia brevis is the red tide or the organism responsible
for red tide. The red there indicates counts greater than a million
cells per liter; that's an active bloom. Orange is also an active bloom
at cell counts over 100,000 to 1 million cells per liter.
So just keep an eye on those numbers as I click forward through
those slides. You'll notice as the discharges increased, then the
plume extended farther out into the Gulf of Mexico. You can see a
response, maybe not a direct response, but you can see how those red
tide numbers grew.
And I think it's important to note that most scientists agree that
red tide is not directly caused by the nutrients that run off of the
landscape; however, a lot of the science is pointing directly to the fact
that Karenia brevis, the organism that forms red tide, is not a picky
September 14, 2021
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eater, and it is opportunistic and will take advantage of whatever
nutrients are available, such as nitrogen and phosphorus, that comes
to the bloom, and it will exacerbate an existing bloom or potentially
lengthen the bloom event, prolonging that event. And, of course,
that has a longer impact on our communities.
So this image was taken in July of -- July 17th of 2018, and you
can see the Karenia brevis counts. You know, the red starts to cover
the area all the way from Manatee County all the way down to
Collier County. Into August that -- that plume extended about 15,
18 miles out into the Gulf of Mexico. And as the crow flies, Sanibel,
the pointy bell there that you're looking at, is about 15 or so miles
from North Naples. So we're not too far away as the crow flies or as
the water flows.
And this was an image taken in September 27th of 2018. You
can see red tide pretty much extended all the way from almost Pasco
County all the way down to southern Collier County.
And it wasn't until about October when the Army Corps of
Engineers began to curtail the flows from the lake that we started to
see some relief when it came to the discharges and the harmful algal
blooms and the red tide that occurred in the gulf.
Of course, the red tide bloom extended -- you know, continued
till about January, February of 2019. So that bloom -- which most
scientists are categorizing that as a super bloom -- extended from
about late fall of 2017 all the way until January, February of 2019.
So we feel strongly that the plume and the nutrients that were
delivered from the Caloosahatchee did contribute to the intensity and
duration of that red tide bloom event that occurred and impacted our
communities.
So I just want to give a quick overview about the Lake
Okeechobee regulation schedule. LORS '08, that's the schedule that
was adopted in 2008 that the Army Corps currently manages the lake
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with. The lake's schedule really determines how the water
manage -- water is managed in Lake Okeechobee and how releases
are made from the lake to the East Coast to the St. Lucie, to the West
Coast to the Caloosahatchee, and south to the Everglades, and it also
determines how much water is available to water supply.
And the prior lake schedule, the water supply and the
environment schedule that preceded the Lake Okeechobee LORS '08
schedule held the lake much higher. It held the lake over 18 feet.
And when the Army Corps found that the Herbert Hoover Dike
was in disrepair and needed to -- needed to be upgraded, they decided
to move quickly to adopt a new schedule in 2008 to lower the lake
level to about 17.25. That's the maximum elevation they could hold
the lake. And that -- that essentially eliminated almost a half a
million acre feet of water within the lake that was previously
available to water supply. So, of course, that had some impact on
water supply.
So the new lake schedule, the plan is to try to restore the water
supply for agriculture and urban uses while at the same time reducing
the damaging discharges to the coastal estuaries to the east of the St.
Lucie and the west to Caloosahatchee, also providing the beneficial
flows that we need during the dry season to the Caloosahatchee,
getting more water south to the Everglades so that we can rehydrate
the Everglades prior to completion of the Comprehensive Everglades
Restoration Plan.
But, of course, we also want to maintain the lake at a good level
so that we're not harming the ecology of the lake and we can maintain
good water quality in the lake. Unfortunately, as we move forward
to adopting this -- or evaluating this new lake schedule, we've found
we cannot achieve all of our objectives, and there's going to be some
give and take, and we're going to -- we're really going to need to
balance the needs of all different parts of the system.
September 14, 2021
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And I'm going to -- at this time I'm going to go ahead and turn it
over to our hydrological modeler, Dr. Paul Julian, to talk about the
modeling for LOSOM, and we can answer any questions that you
might have on anything that I've covered so far and the things that
he'll be covering here shortly.
CHAIRMAN TAYLOR: Okay. Do we have any questions?
DR. JULIAN: Thank you, James.
CHAIRMAN TAYLOR: No? At this point, no questions,
Mr. Evans.
MR. EVANS: Okay. Great. We'll go ahead, and we can
answer all the questions at the end, and Paul will just go over the
LOSOM modeling quickly.
DR. JULIAN: Cool. Thank you very much. Yeah, so thanks,
James, for setting this up quite nicely understanding where we're at
today and kind of where we're going to be going into the future.
So on the slide you have in front of you is documenting the
timeline that we're currently in today with the LOSOM planning
process. And so the planning process, essentially, started back in
February of 2019 with a public scoping meeting, and, you know, the
LOSOM kicked off. Essentially, the whole reason why we're going
into LOSOM is that we have projects that are either near completion
or complete more so than they were back when LORS '08 was
planned and initiated.
So right -- for instance, we will have the completion of the
Herbert Hoover Dike repairs completed and some other features like
the Kissimmee River restorations completed. So it became time. It
started -- we started realizing that we need a new schedule to be able
to adapt to these new projects that are coming online.
And so, like I said, we kicked off in early 2019, and we're still in
the process of -- we're what's called -- we're in Iteration 3. And so
what -- the way we in the past couple years have been working is in
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mid to late 2019 we were given 120,000 different versions of a
regulation schedule, and we being the stakeholders and project
delivery team members, and we kind of filtere d through those
through the early processes and trying to evaluating (indiscernible)
actual plan that we can put forward to kind of evaluate further and get
us to where we are today.
And from those 120,000 runs, we filtered out -- collectively
filtered out about 15 plans that made it into what's called the
quote-unquote Iteration 1, and then we eventually filtered down to
six, which are here in front of you. These are the Iteration 2 plans
that made it to this next iteration of planning. And so you can see
that we have AA, BB, CC, DD, and then these EE alternatives on the
screen here.
And so when evaluating them, ultimately, none of these plans
did particularly well for the Caloosahatchee or even the system as a
whole. There's parts and pieces throughout.
Now, I do want to say that there are some plans that did pretty
well for the Caloosahatchee, but we had a little bit of consternation
with them. So, for instance, the EE plans, the ones on the far right
here, this was a new concept for the Corps and the District to where
there was a lot of operational flexibility built into this plan. And so
the way it seemed on paper, it would -- it, ultimately, came out to be
not necessarily operational flexibility but more uncertainty, it
seemed, for most of us. We -- it was a little wishy-washy, as a
technical term.
The other plan that kind of did okay for Caloosahatchee was the
BB plan, but the problem with the BB plan was that it kind of -- it
kept us in the same situation we are today in some extent
where -- with a little bit of, I guess, a worse impact, in that it would
ultimately put water in the lake during the wet season and then
eventually dump it. So it was the fill up and dump kind of mentality.
September 14, 2021
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And so that -- that really impacts the Caloosahatchee in the
long-term.
And so the plan that kind of struck -- striked the ultimate
medium, you know, that made us less weary about everything, was
the CC plan. Now, CC does have some issues with it, and that -- and
now we're in that phase of planning where we're optimizing the plan
so that way we're trying to remove some of those issues.
And here on the slide is the text -- there's a lot of text on it, but
we're going to actually walk through a lot of these points with
graphics and slides and stuff like that. And this is more for you to
go back and read later if you need a summary of something.
But, ultimately, the major concern with CC is that the water
supply and flood constraints that are kind of put on that
(indiscernible) put pressure on the estuaries because of the way we
operate the lake.
And so the lake, ultimately, what we have is we have a lake
where we're trying to regulate the water levels, and the only ways to
do that, unless we turn up the heat, which that's not possible, is,
essentially, dumping out -- or releasing out the estuaries or flow
south. And so, ultimately, the estuaries are the primary outlets for
these -- for the project.
So let's go to the next slide and actually get into the CC
alternative here. So (indiscernible) very famili ar with the LORS '08
schedule that James put up, or at least this plot here looks very
similar. And the way this -- the way you can read this is on the left
it kind of gives you the discharge rates for the Caloosahatchee on the
St. Lucie, and in the middle here is this plot where it's essentially
through the year (indiscernible) the water elevation in the lake.
And so we have these various different zones, and these zones
dictate how much water is pushed where, ultimately, and how much
storage is in the lake. And so one thing you can -- you can see
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clearly is it depends on how wet or how dry it is for -- at least for the
Caloosahatchee how much water we will be receiving and where
that's going to be measured or determined.
And so one thing that you really see is in the dry season or in the
dry periods, we're going to be measuring at S-79, so that's the
structure that's going right into the estuary, and so that takes into
account not only what's coming from the lake but also whatever, if
any, is coming off the watershed.
Now, if we're in wet conditions, that measurement is actually
being done at S-77. And so that -- that means that the structure that
goes from the lake to the Caloosahatchee, that's the only place we're
measuring. And so that doesn't take into account watershed flow
that will get to the estuary.
So for instance, if we were really, really wet, this blue arrow
here on the top, you can see that S-77, we'll get 7,200 CFS at S-77.
Now, since we're wet, the watershed is also contributing a significant
portion of that, and so you can probably double that amount at what
would be going into the estuary.
And as you move down, you see the arrows, like the yellow one
here, we're still -- we're -- the Caloosahatchee (indiscernible)
receiving flows, and even into this D zone. And this D zone is the
zone that we kind of want to be in most of the time anyways. But
still, we're measuring at S-77 and S-79. And then anything -- this
Zone F is -- you know, when conditions are dry and we need water,
the Caloosahatchee will be excluded from that.
Now, contrast all of this operational (indiscernible) left to the
right side of the screen. In that (indiscernible), for instance, the zone
that we want to be most of the time, the St. Lucie will not be
receiving any water from the lake whatsoever. It's only until we get
into those really high water levels in the lake that the St. Lucie will
actually receive any discharge whatsoever.
September 14, 2021
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Go ahead to the next slide, please.
And this contextualizes it in a flow or (indiscernible) kind of
scenario. So this is the -- this is ultimately where the rubber hits the
road. And when we're trying to manage the lake level
(indiscernible).
Using that graphic previous, depending on what zone we're in,
depending on where the water level is and how wet or dry it is,
(indiscernible) dictated particular discharge rates at particular
structures at any given (indiscernible).
And so, again, this kind of shows, it's not until we get into the
normal or dry (indiscernible) normal to wet conditions that the S-80
will be discharging -- or won't be discharging. They'll actually -- it's
not until we get super wet at the S-81, pushing water to the St. Lucie.
And, again, this point of measurement, depending on how wet or dry
we are, will be at S-77 or S-79.
Go to the next slide.
Here is some data that we summarized. And then one thing that
we compared to, when we have a particular alternative, the thing that
we want to compare it to is what we call a future without condition.
And (indiscernible) without condition in (indiscernible) that we have
here today is essentially what we'll expect to have when this plan will
be initiated. And so what that means is the Herbert Hoover Dike
rehabilitation will be complete. Kissimmee River (indiscernible).
The C-43 and C-44 reservoir is complete and operational. So those
are the big key items that we -- that define the future without. And
it's under the LORS '08 schedule.
And so when we're trying to compare future without to whatever
alternative, like, for instance, what we're doing here today, CC, the
only difference between that is the change (indiscernible) relation
schedule.
So in this table, in the left side of the table, the way it's
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configured is we have the Caloosahatchee and St. Lucie estuaries.
The regulatory flow is for each one, so that means the flow is going
from the lake to the estuary. And then we have stress events from
Lake Okeechobee, stress events from the basin, damaging events
from the Lake Okeechobee, and damaging flow events from the
basin. And what I mean by damaging flow events or stressful flow
events is there's a particular range of flow that the estuary can receive
that we're going to get stressful or damaging (indiscernible), as in the
ecology ultimately gets impacted or stressed.
And you can see from the Caloosahatchee perspective, the
regulatory flows, we see a significant increase of 9.5 percent relative
to the future without (indiscernible). And we get significant
discharge or stressful events from Lake Okeechobee as
almost -- almost 60 percent increase. That's pretty significant.
Meanwhile, the St. Lucie gets a pretty good reduction in regulatory
flows. "Pretty good" being almost 62 percent reduction. And a
significant reduction in stressful and damaging events from the lake,
lake triggered events for their estuary to the order of almost 90
to -- almost 90 percent.
Let's go to the next slide.
Now, talking about the regulatory flows, since we do have that
increase, we also get a significant contribution of nutrient loading
associated with that, and the way these plots are configured is on the
left side you have S-77, which is -- that's the structure that takes
water from the lake and gives it to the Caloosahatchee, and on the
right side you have S-308 which takes water from the lake and gives
it to the St. Lucie Estuary.
And on the top panel is discharge, (indiscernible) panel is the
relative difference to future without for phosphorus load and then
nitrogen load on the bottom there.
And you can see on the left side we have a 9 percent increase in
September 14, 2021
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regulatory discharge which accompanies 10 to -- well, 12 to
10 percent increases in phosphorus load to the estuary -- to the
Caloosahatchee estuary. Meanwhile, on the St. Lucie side, since
they have a significant reduction in their regulatory discharge, they
also have a pretty good reduction, about 62 to 63 percent reduction in
nutrient loading to that estuary, which is --
CHAIRMAN TAYLOR: Dr. Julian, just repeat. The gray
represents and the shaded part above it on the other side of it --
DR. JULIAN: Yeah, thank you.
CHAIRMAN TAYLOR: The gray represents what?
DR. JULIAN: Yeah. That is the (indiscernible) baseline. It's
another baseline that we compare to.
The existing condition, the way it's defined in the model is it's
some components of the project -- or some components in the system
that aren't complete yet. So, for instance, I believe the way it's
defined is the Herbert Hoover Dike is partially complete, Kissimmee
River is partially complete, and the C-43 and C-44 reservoirs are not
complete and operational, but it's still under the LORS '08 regulation
schedule.
CHAIRMAN TAYLOR: Okay.
DR. JULIAN: So it's almost like kind of what we're
experiencing today, to some extent.
Now, we can take that conceptualization of the different flow
categories one -- a little bit further. And so the way these lots are
configured, it's similar to the plots prior to where we have the future
without, existing condition, and then that CC plan comparison. All
this is compared to future without, so that's why there's a "00" on the
first one here.
And on the top is Caloosahatchee. On the bottom is St. Lucie.
And we have different flow categories that we want to compare with.
So we have -- on the plots here it goes from low flow, optimum,
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stress from the lake, damaging from the lake, and the extreme flow
events. And I want to focus on this extreme flow event slide or plot
for us, because this is the component that's going to probably affect
Collier County the most in general.
And so while -- what the plot says is, essentially, usually we're
going to have negative 1.7 percent (indiscernible) in extreme flow
events across the 52-year period of record relative to future without.
So we might have (indiscernible) difference to what we have today,
but what that takes into account across that 52-year period of record,
it includes very dry periods and very wet periods. In the past, I
would say, 25 years or so, if you've been around for long enough, you
might have realized this shift in the weather pattern to where we're in
a lot wetter conditions. And with climate change kind of rolling on
our backs here, one thing that we're probably going to experience is
probably wetter wets and drier dries. And so if we really do
experience wetter wet conditions, we're -- this change is going to be a
lot different, this difference. And as a matter of fact, it would
probably flip, honestly, if we look at it in a more wetter condition.
We're going to have to handle a lot more water very quickly is
ultimately the way it's going to handle or work.
I guess we can go to the next slide now.
And so this slide here is, essentially, where the water moves
from the lake. And this -- the reason why I'm bringing this up is it
kind of conceptualized the -- where water's going and how much of
the water. And this is a stacked bar plot, and this is average
(indiscernible) discharge volume for these different areas.
And the -- and, again, it's kind of oriented the same way where
we have future without condition, existing condition, and then this
CC plan on the far right. And the way the red symbolizes flows to
the Everglades, so flows south, that middle orangy color is
Caloosahatchee River, the light blue, almost green is the St. Lucie
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River, and that tiny little sliver on top is the Lake Worth Lagoon.
And you can see that we're expected to kind of receive a far larger
amount of volume relative to the St. Lucie River but also in general.
That -- the volume that's leaving the lake is -- most of it's going to be
coming our way. Granted, some of it's going to be moving south,
but it's still -- most of it's coming our way.
And so moving into thinking the regulations schedule and
way -- where we would be most of the time and what does that mean
for us, right? So this is a plot of the percent of days during the
period of simulation that you're below, within, above Zone D. And
Zone D, if you remember, was the zone that we want to be in most of
the time, and that's the zone where we receive -- well, we receive
flow, we being Caloosahatchee, but above Zone D is where the
St. Lucie begins to receive flow. So anything below Zone D, within
or below, the St. Lucie does not receive any water from the lake.
And so looking at this from the CC plan perspective, one thing
you can see is that 4 percent of the time the St. Lucie Estuary will
know how much water they're going to get or when they'll get water.
Meanwhile, the West Coast, we're at a 96 percent when we may
(indiscernible) flows, and a lot of those flows are going to probably
be pretty heavy flows which could affect our coastal communities
pretty dramatically. So that's pretty significant.
So, like I said when we were talking -- initially talking about all
this is that we're in that period of time when we get to try to optimize
the CC plan. And one thing that -- a lot of thing -- the things that
we're calling for are here on this slide, so one of which is measuring
at S-79, and that's one thing that seems to be a point that -- a sticking
point for some, but it's more of an (indiscernible) thing for us,
because measuring at S-77 during wet conditions does not take into
account the watershed at all. And so whatever's dictated at S-77,
you could double that, whatever we're going to see at the estuary.
September 14, 2021
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And another thing is capping regulatory flows in Zone D. So in
that period where we're at most of (indiscernible), instead of being
the number that we have, which I forget exactly what it is currently,
we want to kind of have it at a level that's reasonable for us for the
estuary.
But if it's not capped, we kind of -- we want to have the idea of
equity of distribution of these flows across all the outlets, because
there are other outlets. It's just that some outlets want to be dictated
at zero and kind of push that water over to other areas.
We also need to allow for beneficial dry season flows to the
Caloosahatchee but also the Everglades in all (indiscernible) zones.
In the dry season, we really need that water to kind of make sure the
estuary's doing its job. We don't need a whole bunch, but we need
enough to be able to regulate that freshwater/saltwater medium.
And, of course, reducing that total volume of water will help
also reduce the nutrient loading and kind of really kind of chisel away
at the stressful and damaging flow ranges a little bit as well.
And, of course, looking at it from a nutrient perspective and
water perspective, we kind of want to try to eliminate or minimize as
much as possible the backflow of nutrient rich water from the
Everglades agriculture area but also the C-43 basin back to the lake.
So those are our ultimate kind of things that we're focusing on that
will help -- hopefully help optimize CC so that way it kind of benefits
all the parties or all the system.
So our next steps in LOSOM is -- like I said, we're not
completely done. We're still at Iteration 3, but after -- after we're
done optimizing our (indiscernible) of the CC, we still have to
develop operational guidance. So what -- those words that are on the
page that we say, oh, if it's a wet condition and we're in Zone X, this
is how much water we can move where. Once that's developed and
kind of fought over and iterated and refined, then it goes into the
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Environmental Impact Statement and Water Control Plan
development, and then there will be a draft eventually, an d it will be
signed.
I think the next round of modeling was supposed to come out in
mid October, but there's rumors that it might be a little bit delayed
because of -- they're still trying to tweak things. So in this next step,
we're expected to get some more modeling, and we're expected to
pour over it some more and crunch the numbers and make pretty
plots and kind of figure out where we're going to go from there.
MR. EVANS: Thanks, Paul. Appreciate it.
And Commissioner, Madam Chair, we're done with our presentation.
CHAIRMAN TAYLOR: Yes. Thank you very much. I think
Chairman Ruane is attending to a family emergency and is actually
calling in from a hospital right now. So I really appreciate his
participation, and it underlines again how important this issue is to
Lee County and how important it is that he presents to the
Commission.
So, Commissioner Ruane, would you please begin.
That's Mr. Evans.
MR. MILLER: I know. Mr. Ruane is still muted. We'll give
him another second to see if he heard us and can join us, ma'am.
CHAIRMAN TAYLOR: There's probably a lag.
COMMISSIONER RUANE: I'm here. Can you hear me?
CHAIRMAN TAYLOR: Yes, we can. Thank you.
MR. MILLER: Oh, and just like that we lost him. Oh, there
he is.
COMMISSIONER RUANE: Can you hear?
CHAIRMAN TAYLOR: Yes, we can.
COMMISSIONER RUANE: Okay, great. Thank you.
I appreciate the opportunity. Yeah, I'm -- you know, if you all can
say a prayer for mom; she's on the last of her days, probably, around,
September 14, 2021
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so I appreciate it.
But LOSOM's really important for us, as both James and Paul
indicated. We've been fighting this situation with, basically,
modeling that has taken place.
We need to have major modifications in the optimization phase.
There's been certainly a lot of suggestions not only from our modelist
but from Lieutenant Colonel Reynolds who used to be second in
command and has a radiation called SR35. The county's taken a
position with Collier County -- with Charlotte and all the other cities
that if there's not significant changes to this, we are prepared to do
whatever we need to, even to go to a challenge administratively if we
have to.
I just feel this process is being rammed down our throat.
There's inequities in this. Waiting for projects is really something
that hasn't taken place. There's 68 IDS projects. One has been
funded. There's a couple that are supposed to come online. Quite
frankly, some of the ones that come online on the East Coast will
actually deal with their watershed issue, so they even have less of an
issue.
Water can only go east or west. It's really that simple. We'll
send as much as we can south but, thereafter, right now, as you saw
in Zone F, E, and D, it's only going to the west. So we're taking our
portion as well as the East Coast's portion. Based currently under
LORS, they would. It's not until you get to Zone C right now that
they really start to participate. And it's just not fair. It's not
anywhere balanced whatsoever. I don't know the reasons behind it,
but unless there's dramatic changes -- and I've made sure we've sat
down and made sure Colonel Kelly understands this, Colonel
Polk -- Lieutenant Colonel Polk understands this, and obviously
Colonel Booth coming in.
We're just in a really bad situation. I mean, I'm not nearly as
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optimistic hearing that in under, you know, maybe worst -case
scenarios, you know, if we have to, we'll send water east. I mean,
that's just not adequate. I want to send as much water as we can
south. It's really that simple. And I think we all want to send
whatever we can south. But sending no water, until the lake gets to
a particular level, east is just really not fair.
And, moreover, the way we're getting measured, it includes our
watershed. We don't have any projects like the East Coast that has
to really offset some of the watershed. So we really ask to have our
measurements at S-79, which would include our watershed.
Currently most times we're measured S-77. So if they say 5,000
CFS, it may be more like 10,000, especial ly during wet season
because we're going to have to account for our own watershed as
well.
So the flows and devastations are just tremendous. And this is
about as in -- this is about as unfair as anyone could possibly say.
Lee County has certainly put me to be the liaison and lead person.
We've written several letters to Colonel Kelly to understand where
we are. If we don't see dramatic changes, I don't know what option
we're going to have because I cannot, under good conscience, and the
six mayors in Lee County and Charlotte certainly seems to be with
us, take this in its present form.
You could look at models till you're blue in the face. I'll rely on
James Evans that I worked with for 15 years. I'll rely on people like
that, and certainly Paul from the expert and modeling point of view.
But there's not a model that actually works well.
You know, the other fallacy that's there, they indicate, well, we
need water during the dry season, which is true. But we were never
initially connected to Lake Okeechobee. So we have a salinity issue
because of the way the connection was made. So sendi ng us water
in the dry season is really inaccurate. You're doing that because of
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the connection that we never asked for, and we have to balance the
salinity issue that we need the freshwater to lower the salinity, and
that's part of our issue.
So CC, I'll never say, doesn't give us water during the dry
season, but that's really the benefit. During the wet season there's
too long and too significant a period of time. If we have any wet
years like we've had, we will actually potentially receive more water
than we did during LORS 2008. I never thought I'd wait 13 years to
actually receive more water and have a worse situation under
LOSOM waiting 13 years. And this is my fifth colonel. I've been
dealing with this since 2007.
It's unfortunate that projects aren't getting funded. The federal
government is way behind in their projects. And it would help a
great deal. But right now LOSOM, managing the lake, trying to
keep more water up the lake, trying to send as much as you can south
and the making sure that we have shed adversity is what we've done
the last 13 years. It's where everybody's felt some of the pain. If it
was the dry season, everybody would feel pain. If it was the wet
season, everybody would feel pain.
Right now during the wet season in Zone E and -- F, E, and D,
we're the only ones that feel the pain, and that's just not fair; I don't
care what anyone says. And we're going to do everything possible
unless there's significant changes. And we'll challenge this to
whatever level we have to.
But thank you. I appreciate your time.
CHAIRMAN TAYLOR: Thank you. And best wishes to you
and your family.
COMMISSIONER RUANE: I appreciate it. I could certainly
hang here for a little while if there's any questions, you know, as part
of your panel. So I do have a break, and I tried to work around it as
best I could.
September 14, 2021
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CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have kind of a generic
question, but it sounds like we've got a lot of experts on the panel
here. So let me just ask you this: When I've had town hall
meetings and we talk about moving water around, which you've
touched on here in several different areas, people have asked and I've
even thought myself, how aggressive -- aggressively do we test that
water before we move it? I mean, if you have water in Lake
Okeechobee and maybe the algae levels are high -- and I apologize
for sort of my -- you know, sort of the question being basic, but
you-all can then, you know, run with it. But I get this question a lot.
Before we move it and exacerbate a problem in another area, can
you -- and this is also for the record, too; there's a lot of people
listening. Who can -- who can attack that answer in the best way as
far as, you know, can we be doing more? Are we exacerbating a
problem sometimes where we move large amounts of water to get to
an area during dry season or however -- you know, for whatever
reason we move it? And then all's we've done is just moved
contaminated or high levels of algae or all the other kind of things
that can be in the water before we address it, if at all possible? So I
know that's -- let me know just throw that out there generically, and
educate us all on what we're doing, because people ask me that quite
a bit.
MR. EVANS: Thanks, Commissioner. If you don't mind, I'll
take a stab at that one.
So currently there are no regulations that would limit the Army
Corps of Engineers from sending water that's not meeting current
state water quality criteria. Frankly, all of the water bodies that
we're dealing with are already impaired for nutrients such as nitrogen
and phosphorus, and the only limitation on where we can move that
water is south in the Everglades as part of the Everglades Forever Act
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that was adopted in 1994. That limits the amount of phosphorus in
the water that can be sent south. It has to be -- meet at least 10 parts
per billion total phosphorus or less, or it can't be sent south into
Everglades National Park.
But, otherwise, there are really no limitations on the quality of
the water that can be delivered to the Caloosahatchee or the St. Lucie
estuaries and, unfortunately, that has a direct impact on the quality of
the water, you know, in our coastal waters, which many of those are
also impaired for nitrogen and other nutrients.
So we've been working with the Corps trying to get them to
adopt standards that would limit when they can send water out of the
lake. For example, with cyanobacteria or blue-green algae, we've
been trying to get them to adopt an eight micrograms per liter
standard so -- or microcystin, which is the toxin that's actually
produced by blue-green algae; microcystis in particular. But right
now it doesn't look like the Corps is going to use that as any -- any
way to limit the discharges but mainly to -- as a consideration of
where they send that water. But I don't think it's going to limit
where they can send that water.
We really wish the State of Florida would step up and force the
Corps, through the regulatory programs to -- you know, to address
where they can send that water and clean that water up at its source.
COMMISSIONER LoCASTRO: Because at the source there
are options you can do. I'm sorry. Oh, go ahead, sir.
COMMISSIONER RUANE: Sure, I'll add on. I mean, the
other issue you have to understand is Lake Okeechobee is really
regulated under flood controls. What we're hoping for, obviously,
with the improvements at our Herbert Hoover Dike, that they'll
actually be able to store more water.
But first and foremost, when that lake gets to a partic ular level,
as Director Evans indicated, it gets released. It's really -- it's a
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playbook. It's -- first and foremost, it's flood control. So it really
doesn't have -- it doesn't matter the quality of the water. And James
can get into different algae and different, you know, things. But,
honestly, at the end of the day, it gets to this foot level, like the chart
you saw, F, D, it just -- it gets released. No stopping. No
anything --
COMMISSIONER LoCASTRO: But before it gets to that high
of a level where it needs to -- you know, like you said, then there's no
choice, if you were king for a day, would it be smart, would it be
prudent to test the levels of water before it's at that overflow point to
see if there are things that we can do to mitigate, basically, a
negative, a polluted, or whatever it is, a tainted discharge.
COMMISSIONER RUANE: So if I was king for a day, I
would have a million acre feet for storage north and make sure we
clean it before it went into Lake Okeechobee and then, obvious ly,
have whatever we could to try to clean it and send it. Unfortunately,
that doesn't exist, the projects that we'd all love to have. And I think
in a perfect world if James and I were running this as if it was our
entity, we'd have a million acre feet north. We'd probably have -- I'd
probably say we probably have 500 west, we'd probably have 500,
and we'd probably have a million south. So there's a lot of things we
could do.
But the situation that we have currently, it's -- it gets to a
particular level, it's got to be released. There's no testing. There's
no anything. There's not an EPA. There's no other body that
really -- right now it's just about flood control, and we're worried
about the Herbert Hoover Dike. So tha t's kind of what we've dealt
with. It's really not a great situation nor a great answer.
As someone like yourself, that you're in the political arena, it
kind of -- really does -- why don't we fix it first, but those require
projects. Those require funding. Those require a lot of political
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capital to go, and go to Washington and beg for money. And as it is
right now, they're a million dollars behind in the IDS schedule with
the 68 current projects. So LOSOM has so much pressure because
the projects are unfunded.
COMMISSIONER LoCASTRO: Is there a group in --
MR. EVANS: Commissioner, if you don't mind --
COMMISSIONER LoCASTRO: Yes, sir. Go ahead.
MR. EVANS: So the water quality in Lake Okeechobee is
tested. There are at least monthly samples. And we have real-time
sensors within the Caloosahatchee that monitor a lot of those
constituents, so we know the quality of the water. It's just that there
are no regulatory limitations on, even if that water is harmful, just
like Commissioner Ruane indicated, that it -- there's -- you know,
because it's public -- it's public health, welfare, or safety, they're
going to -- they're going t release that water out of the lake regardless
of the quality of that water, which is unfortunate.
COMMISSIONER McDANIEL: It's not --
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Well -- and I don't
know who on the panel can answer this, but it's not -- it isn't -- and I
think Kevin said it best. When's the levy going to be fixed?
COMMISSIONER RUANE: So it's supposed to be fixed in the
latter part of '22. Is that right, James?
MR. EVANS: Correct.
COMMISSIONER RUANE: Okay. So, I mean, we would
advocate that they hold more up (indiscernible) the lake. Now, the
pushback you're going to get is that's good in a temporary world.
Maybe it would hold another six inches. But the ecology of the lake
is impacted, too, to the other commissioner's, you know, comment.
So, you know, I mean, certainly from this commissioner's point
of view, I would certainly challenge them to hold more water up in
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the lake and do it during the wet season, because if my choice is to
send it west, east, or keep it in the lake, I'm going to try to keep
whatever we can in the lake. But that's just me being king for the
day.
COMMISSIONER McDANIEL: Yeah, well, you know, we'd
all like to have that for a minute ourselves, Kevin.
So -- but, I mean -- and, Commissioner Solis, the comment that I
have is, is there is no capacity for any kind of control of quality when
the entire level of a lake is being managed for the condition of the
levy. It's all been flood control for years and years and years.
And one of the reasons that -- I mean, we on the West Coast
haven't been as active in the discharge rates that have been allowe d
by the Corps because we were focusing on other things while the East
Coast -- you remember Dr. George -- Dr. George Yilmaz and I went
to a conference over in Okeechobee High School, and I was the only
guy there from the West Coast of Florida, and it was both the county
commission of Martin and St. Lucie were there having discussions
with regard to what their preferred rate of outflow was coming in
their direction.
So I think, Commissioner Taylor, you went to --
CHAIRMAN TAYLOR: I didn't go to that one.
COMMISSIONER McDANIEL: -- an event with Governor
Scott that same night.
And so having said all that, I really -- I like the suggestions that
you've talked about, Kevin, with regard to managing the quality of
the water that's coming into the lake as best as we possibly can and
then the efforts associated with managing the quality of water that
does come our way. And for and until the levy is fixed, we're really
not going to have a lot of discussion about how much flow goes
where, because it's all about flood control, period, the end.
COMMISSIONER RUANE: One of the challenges we've had
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is, you know, like any project that you have, it's construction projects.
So you're making these improvements, and I would probably say that
if I had to take an educated guess on the back of a napkin that Lake
Okeechobee's levies have been improved and replaced and/or
repaired to the point -- we're probably in the 80 percent area, but
we've never done a calculation. We've kind of been in this
12-and-a-half to 15-and-a-half foot range. And when it gets to that
level above that, we have to release.
In the private sector, we would take some engineer to indicate
that, well, with 80 percent of the improvements and what we've done,
we could hold another X, Y, or Z. We don't want to go through that
process, or we don't go through that process. We're government.
We're going to wait for the project to go.
So what we tried to do is challenge the Army Corps and have
them hold more water with that as the argument. I think the last
couple years we've done a pretty decent job in pushing them way
beyond their comfort zone and holding more water at the lake
recognizing the citizens of Florida certainly paid 1 point
what -- really, just all the citizens in the U.S. paid $1.1 billion to
restore the dikes. And, honestly, they're pretty close to being fully
restored.
I'm hopeful in this mix that they just hold more water up at the
lake. That's probably the best of all, so we don't release water that
we know there's an algae bloom on it. We know there's issues
associated with it. We know -- and right now my philosophy is
everybody has to share the pain. So it just can't go in one direction.
We'll send it as far as we can south and as much as we can. There's
impediments, as the director indicated. There's structure
impediments as well, trying to clean the water.
So at the end of the day, the remaining amount goes east and
west. And, currently, most of the diagram has it going all west, and
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that's just not fair. It's the way LORS is, 2008, and I'm not going to
accept it as LOSOM. It just doesn't make any sense.
CHAIRMAN TAYLOR: So any more questions?
(No response.)
CHAIRMAN TAYLOR: All right. So now we need to do
some deliberation. I mean, we can leave our scientists and
Commissioner Ruane on.
But I brought this forward because I feel strongly that we
should -- we have the position and we have been affected by red tide
and the Caloosahatchee because of the releases into the
Caloosahatchee from Lake Okeechobee. I think this is not going to
be cured when the West Coast, i.e., the Caloosahatchee, gets all the
releases and the East Coast doesn't get any. I also think the
measurement from S-79 makes a great deal of sense, but that's why I
wanted to bring this to you. I'd like to see if you would agree to
write a letter pretty much in the vein that Charlotte County did on
behalf of the position of Lee County in supporting them in these -- in
this endeavor.
So I'm open to getting any comments or hearing any motions to
such. I'll make a motion.
COMMISSIONER LoCASTRO: Well, just get a little more
clarification. What would the -- what would the basis of the letter
be? What would the message be?
CHAIRMAN TAYLOR: Why don't we put up that -- the
points -- I think, James, you had that.
COMMISSIONER LoCASTRO: And while that's coming up, I
just had a follow-up on the -- you know, like you said -- and it's all
about flooding and it's not about water quality, and I know there's a
lot more behind that.
Is there an agency or people, besides the Governor and senators
and whatnot, in Tallahassee that feel strongly that a lot more could be
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done and anybody that we can leverage some messaging to the Army
Corps that maybe we do a little bit more if you see value in that?
I mean, I'm just spit-balling here, but it's very distressing to hear
as a citizen, well, it's all about the flooding, so when it comes to a
certain level, got to release it or not. Well, when it's at half level,
why aren't we testing it and making sure that we can't, you know,
affect it in a positive way? Why are we watching it rise to the very
top, watching it spill over, and then we release it? And I'm not
saying we're -- I'm oversimplifying here. But is there -- is there an
agency that is sympathetic to -- and more motivated to do more when
it comes in the way of testing, or this is a too bad, so sad, it's all about
the flooding?
MR. EVANS: Madam Chair, I could answer that question.
So the agencies are testing the water, so we have pretty good
data. We know what the quality of the water is. The challenge we
have is that it's just, you know, once it gets to that certain height
within the regulation schedule, it's going to be released. What we
can do is actually work with the Army Corps to try and keep the lake
level lower.
So in my opinion, holding the lake level lower reduces the risk
to the Caloosahatchee because you have less volume of water you'r e
dealing with. Once you get into these higher levels, the lake -- the
volume of the water in the lake, more water has to be released to the
coast.
So the longer you can keep the lake level lower, and in the event
if you have to let the lake level go high, have that capacity to buffer it
so that you can get it back down. But a lower lake level generally
means better water quality in the lake. It also means a lower volume
of water that needs to be released.
And, of course, the ultimate goal will be to get storage and
treatment south of the lake. The Everglades agricultural area
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reservoir will give us that conveyance that we need as the relief valve
to the south. Storage north is great. It's just that once that water
gets in the lake, you have to deal with it. So once you can get the
EA reservoir on line, you can store, treat, and move that water south.
So I think anything we can do to, you know, push the Governor
and the agencies to get those projects done and keep the lake level
lower on average, not higher, in my opinion, would be the best way
to go.
COMMISSIONER LoCASTRO: But wouldn't you also agree
that -- I mean, testing's great, but if you're testing the water once a
month and the figures are all coming back way too high, that's what
we really care about. So, I mean, I wouldn't give anybody gold stars
because we're testing water regularly. If we're testing it and it
always comes back polluted or too high of algae levels, that's what
we really want to attack.
And there are quite a bit of things out there to mitigate excessive
nitrogen and algae and all kinds of other things, and I realize it's not
free, but, you know, have those types of things been explored at all
or, like you say, it costs money. It's not a priority. It's all about the
flooding. I'm really just looking for education here, because a lot of
people --
MR. EVANS: Yes.
COMMISSIONER LoCASTRO: -- ask that, to include myself,
and I'm disappointed in the answers here, as you are as well. I
realize it's not you gentlemen. But, you know, there are ways to
lessen and to, you know, mitigate any kind of, you know, pollution
type of levels in the water.
CHAIRMAN TAYLOR: I belong to the 16-county coalition
for Lake Okeechobee. Collier was invited, I believe it was last year.
And this meeting, last Friday we had a gentleman who came up who
was on this committee, and he's now retired. But he came up to
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speak and he said, what are you guys going to do about the muck in
the lake? He said, in the early -- early part of 2000s, you know, we
were almost there. We were just moving, and then this storm came
through, this hurricane. It stirred it all up, and then three more years
later it stirred it up again. You can't do anything about Lake
Okeechobee until you get rid of the muck. It's so complex and so
multi-faceted. Yes, sir.
COMMISSIONER RUANE: Can I make a suggestion? I
mean, I know that you're all saying how can you help. So if I was
to, you know, simplify -- and I appreciate the commissioners all
trying to fix the root problem, but that's going to take a lot longer
than -- sorry. That's going to take a lot longer than any of us have.
So at the current time here I sit. We're in ICU. The patient is
Lake Okeechobee. What I agree with Commissioner
Evans -- Director Evans is the following: One, let's keep the lake
low; two, let's measure everything at S-79; three, let's have
adequate -- you know, as he indicates in his bullets, at -- you know,
maximize it or, you know, do it at Zone D to S-79.
Again, what we're asking for in these bullets is really simple.
We don't want to have water come west. Because I appreciate all the
conversations. I'd like to have more water held at the lake. I'd like
to have more water released during the dry season so it gets lower, so
we could put more water, and I'd like to have just less coming west.
I mean, it's really that simple. So these bullets are the way they are.
You know, long term I think we could all talk about fixing Lake
Okeechobee before it gets in there, changing, you know, not only the
harvesting that takes place in there, the mechanical harvesting, what
they do, clean up Lake Okeechobee. There's a million things that we
can do. But those are all funding requirements. Today it's really
simple. Are you okay with the fact that the West Coast is going to
take the volume of water, it's going to impact and have -- potentially
September 14, 2021
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impact on our quality of life, impact our tourism, impact our real
estate. It's kind of that simple. Should we take all the water at Zone
F, E, and D?
COMMISSIONER LoCASTRO: I was just going to add, I
couldn't agree with you more, but just because something's
difficult -- and I'm sure you're not going to disagree with this
statement -- you've got to start somewhere. So I realize it takes
money and this and that, and that's why I was just curious if there was
a key node in Tallahassee that would be sympathetic and energized to
hear that other people care about, you know, more than just the
flooding piece, but the quality of the water, just to educate us on if
there's, you know, a key office to start with if we wanted to pursue
that as well.
COMMISSIONER RUANE: Two things I'd say: One, you
can go to the Governor; and, two, I would love to, at any point in
time, come down and talk to you-all about water quality, Director
Evans and I. There's many things that Lee County's doing from feed
the monster to identifying what we can from a septic point of view on
what's breaching. I'd love to see some legislation come through.
We need to obviously deal with water quality. We need to
participate in what we can do on our end, and we need to try to work
with the 19-county coalition. Everybody needs to have a part in this,
because you can't store your way out of it. You really have to take a
better care of the environment, period, the end.
And there's a million things that we are doing and there's a
million things more that we can be doing, and I'd love to, at another
meeting, come down and talk about just the various things that Lee
County has in place, the various things we did when I was mayor of
Sanibel. I was also the president for our League of Mayors trying to
take it through the entire state to try to have water quality be the issue
so then when you ask for projects, you're walking the walk and
September 14, 2021
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talking the talk.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I have two comments.
Number one, Commissioner LoCastro, you know, you're talking
about things that -- it's a fairly well-known fact you can dump a
gallon of water in the north end of Lake Okeechobee coming out of
the Kissimmee River, and it will be polluted by the time it comes out
any one of the outlets that the lake provides, and that's just a fact.
The muck on the -- in the bottom of the lake is the issue at large.
I have reservations in making suggestions to the Corps of
managing their outflow from our perspective just simply because the
Corps has guidelines that they have to meet in order to protect the
health, safety, and welfare of the public that resides south of that
levy. Until the dike gets fixed, having any say-so -- now, if the
proposition of this letter or this -- these comments is to, once the
levy's fixed, and then there's some say-so potentially that you can
hold the lake levels higher and so on and so forth, that that's the
proposition that's being brought forth, fine. But I don't think having
a discussion with the Corps about managing or regulating release
rates is going to -- is going to have any kind of an impact whatsoever,
because to date it's solely at and has to do with flood control.
CHAIRMAN TAYLOR: It's not the release rates. It's who's
getting it. They're changing -- they're changing the plan. Right
now it's -- I wouldn't say it's even, but let's just say for this
conversation, a very broad sense, west, east, they get the releases.
The future is all west; east gets nothing. That's the problem.
COMMISSIONER McDANIEL: And I understand that as
a -- when's that going to, in fact, transpire?
CHAIRMAN TAYLOR: November. November. They're
going to make a decision in -- I learned on Friday, it looks like
they've moved it to November. Initially it was the middle of next
September 14, 2021
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month. Now it looks like it's November, because they are
considering these accommodations. These accommodations aren't
new to the Corps. They've been looking at them, and this is exactly
what Charlotte County has signed on to agree.
COMMISSIONER McDANIEL: I read the letter.
CHAIRMAN TAYLOR: And I think it's important for the
West Coast to understand that red tide doesn't have any home and
that it will affect us all.
COMMISSIONER McDANIEL: Red tide starts in the Gulf of
Mexico.
CHAIRMAN TAYLOR: Red tide likes to eat blue-green algae
for lunch.
COMMISSIONER McDANIEL: Well, it likes to eat anything,
as the one panelist that was on there said today. It's not real
particular about its diet. It's a two-plus-billion-year-old
organization -- or organism and feeds on a lot of different things, so...
CHAIRMAN TAYLOR: So I'd like to see if there's any
support based on -- if you go back to the modifications requested,
that we join Lee County and Charlotte County in requesting that
before they decide to -- on the plan that they, you know, look at these
optimizations of the CC.
COMMISSIONER SAUNDERS: Madam Chair?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SAUNDERS: Since no one else is talking,
I've looked at the letter, July 7th, from Kevin Ruane, John Gunter,
and Holly Smith, and it looks like your letter, if we approved it,
would simply be basically saying that you support their position.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SAUNDERS: And I don't have any issues
with that. I think we should work as a region on this.
CHAIRMAN TAYLOR: Great.
September 14, 2021
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COMMISSIONER SAUNDERS: So are you looking for a
motion just to authorize you to send the letter that's attached?
CHAIRMAN TAYLOR: Yes, exactly; nothing new. This has
been -- this is exactly what we're talking about. And there's one
from Charlotte County that goes into more details, but
that's -- Commissioner Ruane's letter is a simple page and a half.
But you-all had it, and that's the request.
COMMISSIONER SAUNDERS: Then I'll make a motion to
authorize the sending of the letter.
COMMISSIONER McDANIEL: As what's in our package?
COMMISSIONER SAUNDERS: That's in the packet.
COMMISSIONER McDANIEL: I'm fine with that, yes.
CHAIRMAN TAYLOR: All right. Thank you very much.
There's a motion and I -- I'll second it.
COMMISSIONER McDANIEL: It's seconded.
CHAIRMAN TAYLOR: Any discussions?
COMMISSIONER SOLIS: I just have a -- I mean, we haven't
heard from our staff. Is there any reason not to join in this effort? I
mean --
COMMISSIONER McDANIEL: Good point.
CHAIRMAN TAYLOR: I think that's --
COMMISSIONER SOLIS: Just to make sure we're all on the
same page.
MS. PATTERSON: Amy Patterson, again, for the record. We
have provided similar letters of support for topics for Lee County
relative to Lake Okeechobee and other water-related issues. We are
always interested in working regionally and supporting their
endeavors as we would hope they'd support ours.
COMMISSIONER LoCASTRO: Amy, do you
think -- Commissioner McDaniel brings up a good point. Is there
any advantage to put in the letter details of stressing the repair of the
September 14, 2021
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levy or some sort of timeline or just mentioning it? I mean, I
understand the vantage that you're saying. You know, that's an
important component. Is it worth putting that in the letter in any
way? Or maybe, Bill, you would --
COMMISSIONER McDANIEL: That part's ongoing.
COMMISSIONER LoCASTRO: Separate, okay. That was
the only thing I had, but I have no reservations on the letter.
CHAIRMAN TAYLOR: Wonderful. All right. So there's a
motion -- any other comments -- a motion on the floor and a second.
MR. MILLER: Madam Chair, I have a public comment.
CHAIRMAN TAYLOR: Oh, we do. I'm sorry. I didn't
realize.
MR. MILLER: Yes, ma'am. Although he's hiding from me.
Brad Cornell. I almost didn't see you, Brad.
COMMISSIONER LoCASTRO: And if Brad thinks this is a
bad idea, that changes everything.
MR. CORNELL: Good afternoon, Commissioners and Madam
Chair. Brad Cornell with Audubon Florida.
I just wanted to request you to consider an explicit two items in
your letter, and one is, the third bullet that James Evans and Paul
Julian have up here, which is -- and also Chair Kevin Ruane
reiterated this, too. The fact that the St. Lucie side of the state does
not -- is going to be held harmless, basically, in this reiteration, we
should call that out. And so that in Zone D, and actually Zone E as
well, they should be getting flows when it's appropriate. That's what
the third bullet says. We should say that in our letter. I don't see
anybody saying that. So there's one explicit comment.
And the second one is, the benefit of sharing adversity with the
St. Lucie is that you can not have to raise the lake so high. So as
James Evans and Chair Ruane both said, keeping the lake lower is a
healthier lake. You're going to save your marshes. You're going to
September 14, 2021
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save your submerged aquatic vegetation. That's going to take more
nutrients out of the water. You're going to have better water quality
when you do have to make releases.
So we don't want a high lake. We don't want it going to 17 feet
or above, which is the way the Corps' current proposal in CC is. It's
going to put 17 feet or more of water in Lake Okeechobee once every
three-and-a-half years, and it needs -- it needs at least eight years to
recover. So that's going to be, like, a permanently harmed Lake
Okeechobee ecology.
So by including the St. Lucie Estuary, you're going to actually
help the lake, and if you could explicitly say we also intend to keep
the lake ecology as good as we can, possibly. Those are my two
suggestions. Thanks.
CHAIRMAN TAYLOR: Thank you.
All right. Are we all clear on this? All right. So we have a motion
on the floor. We have a motion on the floor and a second to write a
letter in support of the position of Lee County regarding -- and the
Sanibel-Captiva Conservation Foundation regarding the optimization
of CC in the LOSOM plan.
COMMISSIONER SOLIS: It's the letter that was attached to
the packet, right, is what we're talking about? Not a different --
CHAIRMAN TAYLOR: We may not do it verbatim but, you
know, that's --
COMMISSIONER McDANIEL: No, we will do it verbatim
because that's what I'm okay with. I don't want -- I don't want
someone editing or making things -- making statements after this.
I'm okay with this letter the way that it is a part of my package.
MS. PATTERSON: The letter in the packet references the
letters by Sanibel --
CHAIRMAN TAYLOR: Okay.
MS. PATTERSON: -- and by Lee County.
September 14, 2021
Page 142
CHAIRMAN TAYLOR: That letter.
MS. PATTERSON: They'll be attached for reference.
CHAIRMAN TAYLOR: Perfect.
COMMISSIONER McDANIEL: Then those bullet
points -- these bullet points are all part of that --
CHAIRMAN TAYLOR: Yeah, that's right.
COMMISSIONER McDANIEL: -- synopsis.
COMMISSIONER SAUNDERS: My motion was for this
particular letter.
CHAIRMAN TAYLOR: All right. I'm comfortable with that.
All right. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Thank you very much, gentlemen.
COMMISSIONER RUANE: Thank you, Commissioners. I
appreciate your support.
MR. EVANS: Thank you.
CHAIRMAN TAYLOR: Thank you, Commissioner Ruane.
Item #11C
AWARD OF INVITATION TO BID (“ITB”) NO. 21-7888,
“COLLIER COUNTY LANDFILL SCALE HOUSE
CONSTRUCTION,” TO DEC CONTRACTING GROUP, INC. IN
THE AMOUNT OF $1,155,932.61, AUTHORIZE THE CHAIR TO
September 14, 2021
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SIGN THE ATTACHED AGREEMENT, AND APPROVE THE
BUDGET AMENDMENTS – APPROVED
MR. CALLAHAN: Commissioners, that takes us to Item 11C
on your regular agenda, which is a recommendation to award
Invitation to Bid No. 21-7888 for the Collier County Landfill scale
house construction to DEC Contracting Group, Incorporated, in the
amount of $1,155,932.61, authorize the Chair to sign the attached
agreement, and approve the attached budget amendments.
Ms. Hodgson, your Division Director of Solid Waste and
Recycling, is available to answer questions or give a brief
presentation.
MS. HODGSON: Good afternoon, Commissioners. For the
record, Kari Hodgson, your Director of Solid Waste. And welcome
back. I'm available for any questions unless you'd like to see a
presentation on the project.
COMMISSIONER LoCASTRO: How many slides do you
have there?
MS. HODGSON: Four.
COMMISSIONER LoCASTRO: Yeah. Just go through real
quick, if you would.
MS. HODGSON: All right. Okay.
COMMISSIONER McDANIEL: What if it was five?
COMMISSIONER LoCASTRO: Yeah. Five's good.
Seventy-eight, too many. No, I know Kari's very succinct. I just
wanted to see what you had put here, and then I did have one
question.
MS. HODGSON: Sure. Awarding the contract will provide
site improvements that include an additional scale and a scale house
outlined here in red and green. This is in line with the division's
principles for operation excellence to supply safe and efficient
September 14, 2021
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operations to our customers and our staff.
This project is aligned also with the most current industry
standards and the best available technology for the scales to ensure
accurate and fiscal compliance.
The Collier County Landfill is located on White Lake Boulevard
in Naples, Florida, and serves over 100,000 customers per year
managing over 350,000 tons of material. The facility processes over
90 percent of the county's waste and conducts over $24 million a year
in transactions. All that business takes place in this crammed area
that you see here.
Further, the current site layout restricts a safe flow of traffic, and
there's long lines to enter and exit the facility.
Currently, when customers enter the facility, they must cross
oncoming traffic to transact business. In a recent customer survey,
over 25 percent of the customers cited that the site was in need of an
additional scale and that many were -- provided feedback they feared
walking across the scales, especially in the rain. So installing
another scale and a scale house will optimize the use of our site,
alleviate safety concerns, as well as enhance the efficiency for
processing the transactions.
Customers will no longer be required to exit their vehicles when
entering the facility. And, further, this project will offer redundancy
during maintenance operations and accommodate the increasing
customer volumes that we've been seeing. Allowing the collection
trucks to get back out on the road doing what they do best, which is
make the garbage disappear.
And those are my four slides for you, Commissioners, and I am
here requesting your approval of the contract.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. Kari, the landfill that
you and I went out to, this last one, you know, the one that needs,
September 14, 2021
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like, tons of work and whatnot --
MS. HODGSON: Sure.
COMMISSIONER LoCASTRO: -- are you coming forward
anytime soon with, you know, sort of a laundry list of -- because that
one -- boy, that one needs a lot of beefing up. So this one's
obviously the -- you know, the gold standard or whatnot, and you're
going to make it even better or whatever. But are you starting
to -- I'm just curious, because we had a good conversation. And just,
while you're sitting here, is that forthcoming sometime soon?
MS. HODGSON: Sure, absolutely. Well, thanks to your
approval of our rate study, that's all planned for Fiscal Year 2024 to
make major site improvements there.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: How big is the scale house
that's being constructed?
MS. HODGSON: It's pretty small. It's just a standard -- I
don't -- I'm not sure of the exact square footage, but I'll get that for
you.
COMMISSIONER McDANIEL: Okay. Just I was -- I
couldn't see it in any of the backup. I've built personally a lot of
scale houses in the day, and they haven't come close to this
expense-wise, so...
MS. HODGSON: Most of the expenses for the site
improvement that's needed to realign the stormwater and also the
scale -- there's an additional scale going in.
COMMISSIONER McDANIEL: Right.
MS. HODGSON: And the construction oversight, so that's
most of the cost.
COMMISSIONER McDANIEL: I understand. Well -- and
that was where I was going. I didn't contemplate the site
September 14, 2021
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improvement requisite.
MS. HODGSON: Sure. And it's also a hurricane resilient.
It's built to the standard code with the resistant windows.
COMMISSIONER McDANIEL: I make a motion for approval.
CHAIRMAN TAYLOR: Second.
There's a motion on the floor and a second. Any other discussions?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
MS. HODGSON: Thank you for your support, Commissioners.
CHAIRMAN TAYLOR: You're welcome. Thank you for
your --
Item #14A1
THE AFTER-THE-FACT ACCEPTANCE OF THE FEDERAL
AVIATION ADMINISTRATION (FAA) GRANT OFFER IN THE
AMOUNT OF $2,022,045 FOR ONE HUNDRED PERCENT
(100%) FUNDING FOR THE CONSTRUCTION OF THE
REHABILITATION AND WIDENING OF RUNWAY 15/33 AT
EVERGLADES AIRPARK AND AUTHORIZE ALL NECESSARY
BUDGET AMENDMENTS – APPROVED
MR. CALLAHAN: Commissioners, that will take us to
September 14, 2021
Page 147
Item 14A1 on your regular agenda, which is a recommendation to
approve the after-the-fact acceptance of the attached Federal Aviation
Administration grant offer in the amount of $2,022,045 for
100 percent funding for the construction of the rehabilitation and
widening of Runway 15/33 at Everglades Airpark and authorize all
necessary budget amendments.
Mr. Bennett, your executive airport manager, is available to
present and answer questions as necessary.
MR. BENNETT: Good afternoon, Commissioners. Andrew
Bennett, Executive Airports Manager for the record.
I'm happy to answer any questions you may have, or I have a
brief presentation I'd be happy to share with you.
CHAIRMAN TAYLOR: What's your pleasure?
COMMISSIONER McDANIEL: How many slides? Not 78.
COMMISSIONER LoCASTRO: No, I've talked to the Marco
Executive airport, and I think you mentioned this, so...
COMMISSIONER McDANIEL: I'm good. Motion for
approval. I was just --
COMMISSIONER LoCASTRO: Second.
CHAIRMAN TAYLOR: Motion on the floor and a second.
Any other discussion?
(No response.)
CHAIRMAN TAYLOR: No public speakers? No. All those
in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
September 14, 2021
Page 148
CHAIRMAN TAYLOR: It carries unanimously.
MR. BENNETT: Thank you, Commissioners.
CHAIRMAN TAYLOR: Thank you.
Item #12A
AN AMENDMENT TO THE LONG-TERM LEASE AND
OPERATING AGREEMENT FOR THE GOLF AND
ENTERTAINMENT COMPLEX (THE “LEASE”) WITH CCBSG
NAPLES, LLC (“BIGSHOTS”) TO EXTEND THE FINANCING
CONTINGENCY PERIOD – APPROVED
MR. CALLAHAN: Commissioners, that will take us to
Item 12A, which was added on at the request of Commissioner
Saunders. This is a recommendation to approve an amendment to
the long-term lease and operating agreement for the golf and
entertainment complex with CCBSG Naples, LLC, also known as
BigShots, to extend the financing contingency period.
COMMISSIONER SAUNDERS: Madam Chair, just real
quickly, because of a -- not a problem, but the appraisal came in a
little bit lower than was anticipated. And the bank that is doing the
financing is being acquired by another bank. The second bank, the
larger --
COMMISSIONER McDANIEL: Of course.
COMMISSIONER SAUNDERS: -- has already reviewed the
financing and approved it. But since the appraisal came in a little bit
lower, they've asked for the opportunity to take another look at it.
That's just part of their internal procedure.
What the amendment does is simply extend the financing
contingency until October 31st or until the lessee's request of a loan
commitment letter from its local bank it provided. So it's whatever's
September 14, 2021
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the earlier of those two.
I spoke with the Clerk this morning. She was concerned as to
whether or not this was an open-ended financing option, and it is not.
It just simply says, whichever of those two items occurs first will be
the end of this extension.
So I would ask the Board to approve this technical amendment
to the lease agreement.
COMMISSIONER SOLIS: I'll make a motion to approve.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN TAYLOR: There's a motion on the floor and a
second. And before I vote, I did check with our County Attorney.
BigShots is a contributor to my campaign. He indicated -- I asked if
there was a conflict in this issue, and he said no, and so at the
direction of the County Attorney, I am going to vote on this subject.
COMMISSIONER McDANIEL: You're going to what?
You're going to --
CHAIRMAN TAYLOR: I'm going to vote on it.
COMMISSIONER McDANIEL: Yeah, you should.
CHAIRMAN TAYLOR: I'm not abstaining. In fact, it's
illegal for me to abstain.
COMMISSIONER McDANIEL: I do have a comment.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And I just -- I'm -- I
am -- I want to ask Commissioner Saunders something. And this
is -- and this is necessarily off -- I mean, I don't view this as an
open-ended extension.
Has there -- I mean, because it specifically says it's either the
earlier of October 31st or when -- if the commitment were to come in
sooner, so I don't know how that got interpreted as an open -ended
agreement.
I just -- I actually had an opportunity to drive by the BigShots
September 14, 2021
Page 150
facility along I-75 in Fort Myers. Have you yet?
COMMISSIONER SAUNDERS: I have not.
COMMISSIONER McDANIEL: Do that.
COMMISSIONER SAUNDERS: I know that -- is that the
BigShots, or is that the other?
COMMISSIONER McDANIEL: I think it's the BigShots.
COMMISSIONER SAUNDERS: I don't think BigShots is
doing anything in Lee County.
MR. CALLAHAN: I believe that's a TopGolf.
COMMISSIONER SAUNDERS: TopGolf is.
COMMISSIONER McDANIEL: The other one.
COMMISSIONER SAUNDERS: And TopGolf is a facility
that's probably two or three times larger than what BigShots does.
That may be why you were concerned.
COMMISSIONER McDANIEL: Yeah, it's a monstrosity. I
was trying to view that on the corner of that intersection and wasn't --
COMMISSIONER LoCASTRO: He had a bunch of slides that
showed it all, but we were -- it was a lot of slides.
COMMISSIONER SAUNDERS: If you cut that to about a
third, that's probably what you're really looking at.
CHAIRMAN TAYLOR: All right. So there's a motion on the
floor and a second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
September 14, 2021
Page 151
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. CALLAHAN: Commissioners, that will conclude our regular
agenda and take us to Item 15, staff and commission general
communications.
Two items from staff very briefly. I do want to read into the
record that the two items that were continued earlier today, 9A, 9B,
as they related to the public hearing items related to the Blue Coral
Apartments RPUD and Immokalee Road interchange residential infill
GMP amendment, were continued to a date certain on the
September 28th, 2021, agenda, your next BCC meeting.
And then second, over -- I'll get that up there. Over the summer
break, the Board did receive an unsolicited offer to purchase the
17-acre parcel within the Bayshore CRA. Reminder that disposal of
CRA property is governed under Florida Statute. If the Board does
wish to consider this item, we could bring it back at a future meeting
to do so. That would initiate a 30-day disposal process by which
others would be -- have the opportunity to make offers on this -- on
this land, at which the Board could consider them at a future public
hearing. We put this under communications to see if there was any
will to engage in that process before moving that forward.
I would note that the unsolicited offer was from Ms. Rebecca
Maddox, who's done a lot of development in the area. The offer was
for two-and-a-half million dollars to purchase the land to develop a
mixed-use property on that parcel that would include a connection to
Sugden Park as the CRA's been contemplating using our own funding
to do.
So in the interest of time and being able to dispose of that -- so if
there wasn't the will to do that, we could move forward with the other
September 14, 2021
Page 152
CRA projects. We're looking for some direction on whether or not
you'd like to engage in that process on a future date.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: How much did we pay for
that piece of property?
MR. CALLAHAN: $5.3 million in total.
COMMISSIONER McDANIEL: And the carrying costs
estimated?
MR. CALLAHAN: About another one-and-a-half million.
COMMISSIONER McDANIEL: Plus/minus seven.
MR. CALLAHAN: Plus/minus seven, correct.
COMMISSIONER McDANIEL: And the offer is for how
much?
MR. CALLAHAN: Two-and-a-half million.
COMMISSIONER McDANIEL: Hmm. What do you think
we should do?
CHAIRMAN TAYLOR: What I think we should do is follow
the process and put it out on the market that this is for sale to see if
we get any other offers and then have presentations as we did on the
other -- as we did before on the 17 acres.
COMMISSIONER McDANIEL: Personally, I mean, I
would -- the way I look at it, unless we're actively looking to do -- to
dispose of the piece of property, all of the land that we have is for
sale, technically. I don't see any reason to pursue this letter of intent
for any -- by any stretch of the imagination. And then I would seek
recommendation from our CRA as to what we should do to pursue
for utilization of that piece of property.
CHAIRMAN TAYLOR: I think our director's here. The CRA
has a process and a plan which will also cost a lot of money, so I'm
thinking that we need to understand the full picture here. Us a lot of
money.
September 14, 2021
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MS. FORESTER: Good afternoon. For the record, Deborah
Forester, CRA Director.
So for the last year or so the CRA Advisory Board has been
moving forward on doing a master plan for this site that would
include construction documents to build a boardwalk from Bayshore
to Sugden Park. We came to you I believe it was in June to continue
our negotiations with Stantec. They were selected through the RFP
process to do the design of this project. We have not finalized those
negotiations, but we do anticipate, based on your direction today,
bringing that contract to you in October.
We will note that probably the expense to do the master plan and
construction is probably -- just the design work is probably around a
half a million dollars. We anticipate board -- building that
boardwalk to cost somewhere around 1.8 million. The intent was to
build the boardwalk, make that connection, and then the master plan
would allow for two outparcels that could either be sold, they could
be held for public space. That would be sort of the second or third
phase of this overall project.
COMMISSIONER McDANIEL: Does the CRA have -- excuse
me, Madam Chair. I didn't light up.
CHAIRMAN TAYLOR: No, no, no. Go ahead.
COMMISSIONER McDANIEL: Does the CRA have the
money budgeted to appropriate for these expenses?
MS. FORESTER: Yes, we do. We have been allocating funds
for the 17 acres last year, and then I believe this budget amendment
that went forward today also added some additional dollars to that
17-acre project.
COMMISSIONER McDANIEL: And the proposed
adjustments, are they going to render the site unusable for any
particular kind of development?
MS. FORESTER: No. Our hope was that we would be able to
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actually identify two outparcels. Also we're going to be doing a
stormwater analysis with that 17-acre site. That would assure that
we'd have enough stormwater capacity within those lakes to address
any future development on the two outparcels.
COMMISSIONER McDANIEL: Okay. So we are -- even
with the CRA's proposed interconnectivity, we're going to end up
with a couple parcels that could be developed to something else at
some stage?
MS. FORESTER: Correct. That would be the hope.
COMMISSIONER McDANIEL: Okay. That's what I would
recommend we do, just stay right on that path. I don't think
there's -- I don't see a need to pursue this particular offer.
CHAIRMAN TAYLOR: I was using it -- I was using it as a
flag for other folks to come in to offer, that's what I was doing, and to
see. Because, frankly, when we went through the exercise of the
FGCU interest in that site as a water -- as a water resource, there has
been a significant amount of planning. And, of course, it was -- it
was done at that time.
So -- and for us, or for -- at least for the street -- and I think
clearly for Rebecca Maddox who kind of understands the street better
than most, this -- this site is really a site that is a little difficult, a little
challenging. But there is potential there.
Also, on the part of the county, whoever we have in there, I
think it almost has to say that we sure would like to be able to work
with them, because a lot of that land is marsh and needs to have it as
a water-quality area; very important stormwater for that part of the
county.
COMMISSIONER McDANIEL: Of course.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I was just -- I think it's
already been said. I would suggest that we just turn this over to the
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CRA and have them come back with whatever direction they think
we should move in on this as a first step.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Well, I was going to say the same
thing and, correct me if I'm wrong, but is part of the offer to put in
the walkway?
MS. FORESTER: Yes. The letter of intent is to say "partial
contribution."
COMMISSIONER SOLIS: Okay. So --
COMMISSIONER LoCASTRO: Partial contribution.
COMMISSIONER SOLIS: A partial contribution, okay.
Yeah, I think -- I think having some feedback on, one, you know,
what the merits of this proposed development plan is would be
helpful. I mean, I had expressed more than once that I thought the
site was really difficult --
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER SOLIS: -- to develop.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SOLIS: And then to have some
requirement that there be a performing arts hall on what's left of it,
you know, I think it's not developed because of -- it was -- the
constraints were too tight.
So to the extent that will generate some discussion around what
can and should be done there, I mean, I'm in agreement with the
Chair that it -- I think it's overdue to have some discussion as what
else -- what other possibilities there are.
CHAIRMAN TAYLOR: What the reality is of the market.
And my concern -- and I'm speaking to my colleagues to my right
and left. It's my understanding that financing, even though money
seems to be flowing, it's risky business out there. It's -- things are
shifting. There's -- there's a lot of -- there's uncertainty, not
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necessarily -- not -- not necessarily with deals that have already been
consummated, but when you're trying to collect money and get
investors, it's tough. It's really tough.
And so I'm -- you know, my thought was, look, the CRA, I've
heard them. They want to sell this. They want to put it on the
market. We've got an offer. That will -- if we go public with this,
which we're going public now, but if we advertise, that will only
bring more offers in. And now -- and now -- and then we can start
saying yes or no.
MS. FORESTER: Yes, Commissioners. Just for some further
direction, is as we are -- should we continue to negotiate with Stantec
after going through the RFP process to continue that or kind of put
that on hold, you know, we had done a lot of community outreach
when we were updating the redevelopment plan in 2019. And so in
2019 this was sort of the direction that we found from the
community. That's the way they wanted to go, more open space and
less residential.
CHAIRMAN TAYLOR: All right.
COMMISSIONER SOLIS: May I just --
CHAIRMAN TAYLOR: Go ahead.
COMMISSIONER SOLIS: My two cents is is that we should
keep moving forward with what the plan has been, get some feedback
from the CRA on this offer and go through the process, and maybe it
will generate more interest in the property. I mean, we've had it how
long?
MS. FORESTER: Since 2006.
COMMISSIONER SOLIS: Yeah. So I wouldn't recommend
stopping the process on building the walkway, because that's been a
central theme is connecting that to Sugden, right, and making it more
attractive.
CHAIRMAN TAYLOR: Right.
September 14, 2021
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COMMISSIONER SOLIS: So I would move forward with that
and, yeah, let's start the process to put this out there and get some
feedback.
CHAIRMAN TAYLOR: If we -- if we have developers that
want to share or even build that boardwalk, why not? It's to their
advantage.
COMMISSIONER SOLIS: And I'll -- I'll share what I perceive
to be Commissioner McDaniel's skepticism about the number given
what was paid for it. So, you know, I'll just throw that out there for
whatever it's worth.
COMMISSIONER LoCASTRO: I was just going to say, I
think in the advertisement of the sale, putting the details in there of
the boardwalk and all the other moving pieces, because some -- you
know, a person interested in just that tract of land might not know all
those things, and so it might make it more attractive if they think it's a
little bit of a package deal, and it might make it very attractive to us if
they're sharing the cost, picking up the cost, doing something. Then
in the end, you know, maybe we don't sell the land for as much as we
had hoped, but if we got all these other parts and pieces, then the
value, closer to the fair market value and maybe even over -- but, you
know, somebody that sees the ad for the land may not know all those
things.
So, you know, I just would, you know, remind -- make it as
inclusive of detail as possible so that we're sort of connecting the dots
a little bit to see if we can shake the trees and get something that
maybe would be 51 percent beneficial to the county and 49 percent
beneficial to the person who bought the property.
CHAIRMAN TAYLOR: And so maybe on a simultaneous
track, we could have it brought to the CRA for their review, this one,
understanding that we're going to also, at the same time, go out and
advertise for 30 days or 60 days or whatever. No, you can't do tha t?
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MR. KLATZKOW: No, no. I think the process you're sort of
arriving at is get it to the CRA, let them give you a recommendation.
If your recommendation is to put the property up for sale, we'll do
that. The Board may decide, though, not to put the pr operty up for
sale, or you may get a recommendation by the CRA we want to keep
it. It's just -- I think that's the process you're heading towards here.
CHAIRMAN TAYLOR: So we have to go through that formal
process --
MR. KLATZKOW: I don't know what to advertise yet.
CHAIRMAN TAYLOR: That this is for sale, to --
COMMISSIONER McDANIEL: No, no, no.
COMMISSIONER SAUNDERS: It's not for sale at this point.
Can I make a motion? And maybe that will kind of --
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER SAUNDERS: I mean, we can't just buy and
sell property without going through statutory process.
CHAIRMAN TAYLOR: Correct.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SAUNDERS: We also have the CRA. So
I'm going to make a motion to have staff work with the CRA, have
them meet fairly quickly, come up with some plan as to what we're
going to do with this property, bring it back to us with some
recommendation, and if at that point in time they want to sell the
property, we can do a request for proposals for that. But I'd like to
get the input of the CRA in a regular meeting with us before we make
some sort of decisions.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: It's really their property.
CHAIRMAN TAYLOR: But they've made a recommendation
to sell it.
MS. FORESTER: I don't recall that recommendation being
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made. Our last conversation --
CHAIRMAN TAYLOR: I misunderstood.
MS. FORESTER: -- with the advisory board is to move
forward on the Stantec proposal and do a master plan and then look at
the next steps. So our next meeting of the CRA Advisory Board is
October 5th. So we can certainly bring this letter forward, and at the
same time we should have the scope of work from Stantec drafted for
them also to review, and then I think they would have all the
information to make a recommendation to bring back to you -all, if
that's the direction.
COMMISSIONER SAUNDERS: That's the motion.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: And I'm going to second it
for -- if you'll call on me for comment, and I'll take my light off.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. I would like -- that
was basically the suggestion was send it back to the CRA and have it
come through the normal processes. I want it reiterated on a regular
basis what was paid for the property, what the existing carrying costs
are, and that there is an obligation to the taxpayers of the CRA for
some kind of remuneration with regard to what was done in the past.
Decisions are made. Obviously, there is an exposure to the
folks in the CRA from the previous decisions of that acquisition.
And it just seems to me to have dropped off the map as to what the
government paid for the land and what's been -- even when we were
entertaining -- do you remember that a couple, three years ago?
Commissioner Fiala was still here. I was over there. But we were
entertaining offers for 3, 3.2 million, something along those lines.
There was not any discussion with regard to the taxpayers' exposure.
CHAIRMAN TAYLOR: And I think -- and I respect that, and I
agree with that. I think my concern is the continued taxpayers'
September 14, 2021
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exposure which may mean building a boardwalk and also having the
master plan. So let's get at the CRA and get their opinion and come
back with it. Thank you.
MS. FORESTER: Will do. Thank you.
MR. CALLAHAN: Thanks, Commissioners. That's all we
had under Item 15 from staff.
COMMISSIONER SAUNDERS: I don't think we voted on
that, did we?
CHAIRMAN TAYLOR: No, we didn't. We did not.
COMMISSIONER McDANIEL: I seconded before my
comment.
CHAIRMAN TAYLOR: So we have a motion and a second on
the floor to send it to the CRA and then to come back to this board
with their recommendation. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Thank you. That's it?
County Attorney.
MR. KLATZKOW: (Witness shakes head.)
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Yeah, I have one thing, and I'll just
pass these down. If you could just pass one.
You know, we've had some very contentious --
COMMISSIONER McDANIEL: I already have it.
COMMISSIONER SOLIS: You already have it? Okay.
September 14, 2021
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We've had some very emotional and contentious meetings over
the last year, year and a half, and one of the things -- and I recall this
when I was the Chair -- that I've been reminded of is that we don't
really have any clear policy on how meetings will proceed, the
decorum in the chambers.
As I understand it, our policy has always been just it's -- you
know, it's up to the Chair, which, you know, the Chair obviously
needs to be in charge of running the meetings. But I'd like to
suggest that Lee County -- and what I've handed out is a copy of Lee
County's ordinance regarding how the decorum is handled,
procedure, you know, how do we keep order in -- how do they keep
order in their chambers. And I think it's time that we talk about this,
not only from the standpoint of us being able to conduct the business
of the county, but also for the people that come and attend, and they
need to know what the rules are as well.
You know, we've had instances where we don't know, for
example, you know, what the policy is, what the sheriff is willing to
do, what the sheriff isn't willing to do. You know, I think -- I think
it's just time that we clarify some of this.
What -- you know, as a trial lawyer, you're in the courtroom.
What you can do when you're at the podium or addressing the judge
in terms of approaching the bench, you know, all of the things is very
clear, and we don't have any clarity on that. And I think -- I think
for everybody's benefit and for us being able to proceed -- I don't see
this process becoming any easier. So having some rules and some
understanding of what everyone's role's going to be from the County
Manager, you know, the sheriff, the Chair, the rest of us, I think, is
something that is past due.
And I'd like to suggest that we -- this is, again, a copy of what
Lee County has in terms of commission decorum. And I'd like to
have a consensus to send this to staff, come up with our own version
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of this so that we have a clear policy on how the commission
meetings are going to be run. And, I mean, I look back on my tenure
as the Chair, that the incoming chair have some, you know, briefing
on how all this works and how it should proceed because, really,
it -- I remember, okay, you're the Chair, here's the gavel, right? And
I think there's a lot of things that we could do to make clear -- more
clear and to just improve how things move forward. It's -- it's high
time, and I think it's -- when you want to do -- you want to do these
sorts of things before you have to do them, and I think now's the time
to at least think about it.
COMMISSIONER McDANIEL: I've got a quick comment.
CHAIRMAN TAYLOR: Yes, of course.
COMMISSIONER McDANIEL: This seems to be an excerpt
of a portion of their rules. Do we have access to all of them?
COMMISSIONER SOLIS: Yeah. I've got the whole
ordinance, yeah, yeah. This was really the portion that was relevant
to --
COMMISSIONER McDANIEL: And when I learned that we
don't really have a written sort of rules, procedures, those sort of
things, this can be used as a guideline.
I don't mind having -- I think it's a prudent idea. I mean, it
gives -- it gives a framework and a structure. And, you know, we
all -- we all had a little issue with -- we've all had a little issue with
some of the emotionally charged County Commission meetings that
we've managed throughout our career as chair or not, even just being
here, and I think this can add a little bit of certainty, clarity to the
folks that attend. So I like the idea of sending it off and having our
own set of rules drafted. I mean, it's ultimately going to come back
to the Board. We're all going to get to put our two cents into it, like
this, don't like that, and then -- I think it's a good idea.
COMMISSIONER SAUNDERS: I agree.
September 14, 2021
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CHAIRMAN TAYLOR: I like it. I think it would be great to
turn it over to staff. It's already been legal in another county. I
think we could learn from them.
Commissioner LoCastro.
COMMISSIONER SOLIS: Well, thanks.
COMMISSIONER LoCASTRO: No, and I think if -- when we
have meetings that we think could be overly contentious or heavily
attended and people that normally don't come into these chambers so
they're not really sure how to act, I think they can just come in here
and speak for 50 minutes or whatever. By formalizing this and
releasing it to the public, having it -- you know, having copies of it
out in front so people don't walk in here totally unbriefed on what our
expectation is and whatnot, I think, you know, it would be helpful
for -- as a training tool for sure, especially for people that have never
been in here before.
COMMISSIONER SOLIS: Well, thanks.
COMMISSIONER LoCASTRO: Great.
COMMISSIONER SOLIS: I'll -- or the County Manager's
Office, wherever it should start, and I'll be glad to assist in whatever
way. Thank you.
That's all I've got.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I just wanted to throw
out some thank yous. There's been an awful lot that's happened over
the last, you know, couple of months and really great things across
the county, and sometimes, you know, it gets lost in the shuffle.
My first thank you is to Dan Rodriguez and his team. They've
done an awful lot of work in all the parks and, you know, if you don't
visit Sugden, you don't go to Donna Fiala's Park and all the other
districts as well, you may not notice the attention to detail that they've
put the last couple of months really taking care of things that were
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long overdue; broken sidewalks, much better landscaping, much
better care of the grass.
And I saw a lot of the before-and-after pictures. But, Dan, just,
you know, fantastic job. You know, it's a behind-the-scenes thing.
But I even got e-mails from people that visit Sugden Park, just as an
example, and said, wow, what all of a sudden happened? What
changed? And I said, well, leadership from the top. And we've got
some new people and some renewed vim and vigor and whatnot.
So, you know, I just wanted you to know it's noticed and appreciated.
Having said that, as well, you've spent so much time in
Domestic Animal Services. I think all of us up here care about
animal welfare, but there's an awful lot that organization does, and
you've brought a lot of leadership to it and some fresh perspective,
and I've got nothing but rave reviews from the volunteers there and
some people that were really frustrated that, although they have a
great mission and do good work, that there was other areas that were
lacking. And that place never looked better. You know, you've
cleaned up a lot of the stuff that was hidden in the back and whatnot.
You know all of the things you and your team have done. So I just
want to go on the record and say, you know, well done and great job.
Also, several different offices on the staff took care of removing
a lot of abandoned and derelict boats, mostly in District 1, but even
further up north. You know, boats that were half sunk, sitting in the
middle of a waterway created very dangerous safety hazards, but why
weren't they moved in the last five years? Because it actually takes
about six different agencies to come together. It's such a convol uted
process. Fish and Wildlife. It's not just the Sheriff, it's not just the
county, but really great folks on our staff led the charge; a whole
bunch of other people took credit for it. But the bottom line is, the
people inside this building are the ones that did the heavy lifting.
And to watch those boats get moved, to watch us fight for the funding
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and whatnot and, you know, make our areas safer, cleaner, better -- I
think we've already moved three. We've got several others on the
list. And, you know, it's our county staff that really led the charge
there, and it's much appreciated.
And along those same lines, those of you that spend a lot of time
out on the water, there's an awful lot of safety water markers that
have been missing in really key spots. I've talked to a lot of boat
captains and whatnots from Isles of Capri, Caxambas, down at Port
of the Islands. And, you know, there's a lot of poles in the water that
should have had a marker on it for years, and it's been gone in a
hurricane or whatnot. Our staff has taken it upon themselves to
triage and prioritize the ones that are really the key ones, and I think
we've already put six or eight markers and worked with all the
appropriate agencies. And so that's another one that sort of was
stagnant. But we're having a lot of positive luck.
And then, believe it or not, I'm going to throw out a positive
shout out to our County Attorney. He doesn't get very much love, I
don't think, right, Jeff?
MR. KLATZKOW: Not at all.
COMMISSIONER LoCASTRO: Yeah. So listen carefully.
This won't happen a lot.
COMMISSIONER SAUNDERS: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yes, sir.
COMMISSIONER SAUNDERS: You may be stretching your
credibility if you start complimenting --
COMMISSIONER LoCASTRO: I know. I know. This won't
happen a lot. This won't happen a lot. So, Jeff -- no, but, you
know, something that was near and dear to me was the Marco Island
Executive Airport terminal. It was two years late, all kinds of other
things that I won't rehash. But, you know, the legal -- the legal
decision and the legal case, Jeff and his team -- and I don't know all
September 14, 2021
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the folks behind the scenes that helped, you know, rectify a solution
so that we did save millions of dollars and we came to an agreement
with the contractor to make sure that the county got everything they
paid for and didn't waste a lot of money. But if you take a look
through that executive summary, you know, all the right things
happened.
And so I'm not happy that we have a terminal that we got two
years late, but the bottom line is, we paid a lot less for it, you know,
due to your work and whatnot. It didn't drag out for years, which it
could have. And so I think a quick resolve to that, and the end result
was a better deal for the county than it was for the contractor, in my
opinion. So I'm happy with the end result. So you must have done
something, Jeff, or it was probably somebody else on your staff, I'm
sure.
MR. KLATZKOW: Well, I can't take credit for that. That was
my deputy, Scott Teach, who worked with outside counsel very, very
diligently very, very hard to press this.
COMMISSIONER LoCASTRO: I knew it wasn't you.
MR. KLATZKOW: No, it was not me --
COMMISSIONER SOLIS: Great result.
COMMISSIONER LoCASTRO: But great work and great
sense of urgency.
MR. KLATZKOW: -- but I do supervise him.
COMMISSIONER LoCASTRO: That's all I have to say.
Thank you.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I have two items, neither one
of which are to compliment the County Attorney.
The first one is, I met with some folks yesterday, and they were
talking about the level of noise on 951, in particular, but also from
aircraft coming into the Naples Airport. And the young lady that I
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spoke to, they actually live near Pine Ridge Road and 951 about a
half a mile off of 951.
And she indicated that they can't sit on their lanai, they can't
open their windows, because of the noise from the roadway that is
causing constant problems. And we've been dealing with this in the
past. We had asked the Sheriff's Department to perhaps engage in
some more speed control, because a lot of this is speeding
motorcycles, and apparently there's some drag racing going on there
in that vicinity early in the morning, and I've heard that from a couple
different places.
So I wanted to suggest, see if we could, perhaps, have staff
contact this young lady -- I'll give you the contact information -- and
then try to see if there's some things that we can do to mitigate some
of that noise. Now, I told her that this is a very, very difficult
problem. We've tried to address it in the past. Perhaps the Sheriff's
Department, maybe they need some specialized equipment for sound
detection and that sort of thing to start enforcing some of those sound
rules, or maybe we need to have more sound rules dealing with that.
But I wanted to get the process started in trying to see if we can
find ways to make Collier County a little bit quieter, because I'm
beginning to hear from people that are really frustrated because
they're losing their quality of life. They can't enjoy their lanais, and
they're just really frustrated.
So with the permission of the Board, I'd like to have staff meet
with this person and also, perhaps, have some conversations with the
Sheriff and see if there's something that can be done. And that may
also include talking to the City of Naples and the Airport Authority in
terms of flight paths. Those are very complicated things to deal
with. And Commissioner LoCastro will know a lot more about that
than any of us. But maybe there's things to do with aircraft
operations and hours and that sort of thing.
September 14, 2021
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CHAIRMAN TAYLOR: The City of Naples is -- or the
airport, Naples Airport, is undergoing a 20-year review and a Part
150 Study, so they are immersed in that, and I think it's going
to -- the first workshop is at the end of this month. So they are very
much engaged in that.
COMMISSIONER SAUNDERS: I'd like to have our staff kind
of involved in at least listening to what's going on and representing
the interests of our taxpayers in those aircraft operations, airport
operations as well. I understand that there may not be anything that
we can do, but I want to start the process to see if there is.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: So that would be my request,
if anybody has any objections. Okay.
All right. Second thing, which also is not to compliment the
County Attorney, is dealing with the improvements on Pine Ridge
Road. We've been talking about the divergent diamond and all those
intersections. We saw these videos. I think it must have been three
years ago.
COMMISSIONER McDANIEL: It was.
COMMISSIONER SAUNDERS: And I think when I first got
on the Board in 2016/2017, I think all those things were in process.
So I asked -- and this is not a criticism.
But I asked Ms. Scott -- yeah, Trinity Scott for kind of an update
on where we were with these improvements on Pine Ridge Road and
on Airport Road. And the note that I've gotten is that we anticipate
beginning a design build contract in the second quarter of calendar
year 2024.
I want to see if there's a way to move this up. Now, I
understand there are funding issues and things of that nature. But all
of us know that those intersections on Pine Ridge Road, they're some
of the worst in the county in terms of the amount of tra ffic. I had
September 14, 2021
Page 169
asked staff when I first got on the Board and knew about this corridor
study to do an Immokalee Road corridor study, which they are doing,
and they're looking at presenting findings to the Board by the end of
October of this year in terms of analyzing some multiple
intersections. Those two roadways are probably two of the worst in
the urban area of Collier County, and I'd like to see if there's some
way to move these projects up a little more quickly. Beginning in
the -- beginning in 2024 on Pine Ridge Road is just putting it off too
long. I don't know what the solutions would be, but I understand it's
probably budgeting is probably the biggest --
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SAUNDERS: -- problem.
MR. CALLAHAN: We're happy to have staff look into that.
COMMISSIONER SAUNDERS: All right. Does the
Commission agree that these two roadways really need have some
more attention and maybe moving these along?
(No verbal response.)
COMMISSIONER SAUNDERS: So thank you. And now I'd
like to compliment the County Attorney on all of the great work he's
done over the years.
COMMISSIONER LoCASTRO: It's his deputy. It's his
deputy, we just found out. It's the deputy.
MR. KLATZKOW: I've got really good people, I do.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Two things. I'd like to echo
what Commissioner LoCastro said with regard to our folks at Parks
and Rec. I, myself, have received many, many compliments from
people with the condition of our parks.
And as we have all agreed -- you'll recall when we had that
workshop, someone had made a designation of different levels of
service that were attainable by different size parks, and that came
September 14, 2021
Page 170
from previous administrations like we always like to blame. But,
bottom line, it was allowing for priority of expenditure of funding on
certain areas of our community and lacking in others. And with the
changeover, we've had an enormous improvement, and I've received
a lot of compliments. So I just wanted to pass it on and thank Dan
and his staff along the way.
My suggestion to you, Commissioner Saunders, with regard to
those two -- there's no argument that those two roads are lackluster at
best. Let's, as a group, as we're going through this budgeting
process, try to focus our energies on infrastructure requisites for our
population that we have per the parameters of our GMP as it's been
set forth.
There's been a propensity of previous administrations to defer
and set aside on capital projects along the way that have
negatively -- terribly negatively impacted the quality of life of our
residents, particularly, to name one, Vanderbilt Beach extension that's
going on now. You're seeing we're spending enormous amounts of
money acquiring right-of-way. That road was triggered to be needed
in 2006 by our GMP, let alone the 16 years later of population that
has arrived and circumstances that transpired today with me being
late. There were five [sic] accidents: Three on Immokalee Road,
two on Golden Gate Boulevard, and one on White. We had no way
to get in.
So having said that, I think if we, as a group, work to and strive
to put a focus on the necessary infrastructure for our population that's
here, that's going to improve the quality of life of everybody, both
those coming and especially those that are already here.
There are noise issues in other parts of the community. I had a
friend that lived up on Immokalee Road, and there are races that are
going on up there as well, and on Livingston Road. Livingston 's the
connector between Pine Ridge and such.
September 14, 2021
Page 171
And so I would like to work with you and our Sheriff's
Department to see if we can help with those issues. I'm not quite
sure what we can do, to be honest with you. I mean --
COMMISSIONER SAUNDERS: I agree.
COMMISSIONER McDANIEL: -- we have six-lane roads, a
lot of six-lane roads in the urban area that turn into racetracks at
certain -- not gas stations, but turn into racetracks at certain times of
the night, and it's a heavy lift for our Sheriff's Depart ment to be
everywhere, so -- but I'm all for working towards that. That's all.
CHAIRMAN TAYLOR: That's it?
COMMISSIONER McDANIEL: Yes, ma'am.
COMMISSIONER SOLIS: Madam Chair?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SOLIS: Can I beg your indulgence? I
forgot one thing.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SOLIS: And as the Chair of the TDC, I
forgot to mention that last week -- and we did a little tailgate for the
football game --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SOLIS: -- out at the Sports Park.
CHAIRMAN TAYLOR: And Miami won, right?
COMMISSIONER SOLIS: No.
COMMISSIONER McDANIEL: No.
COMMISSIONER SOLIS: And I wasn't going to, you know --
CHAIRMAN TAYLOR: Yeah, yeah.
COMMISSIONER SOLIS: I didn't bring this up to point out
the incredible beatdown that that was, but -- no. Really, what I was
going to say is going out to the Paradise Coast complex for a tailgate
was a lot of fun. The screen there to watch a football game even at
noontime was unbelievable. It was better than sitting in my living
September 14, 2021
Page 172
room watching it on my own -- my own screen. You know, between
the Cove, the food trucks, lots of shade, it is a great place to go watch
football. So if anyone is interested in watching a football game this
Saturday, I think we'll be there again.
CHAIRMAN TAYLOR: And who are they playing this
Saturday?
COMMISSIONER SOLIS: Florida.
CHAIRMAN TAYLOR: He never goes anywhere unless
Alabama's playing.
COMMISSIONER SOLIS: It is the Alabama/Florida game.
CHAIRMAN TAYLOR: Ooh.
COMMISSIONER SOLIS: So I suspect there will be a big
crowd there. It's outside. There's plenty of room to spread out.
CHAIRMAN TAYLOR: That's fun.
COMMISSIONER SOLIS: So it's a great place for watching
football.
CHAIRMAN TAYLOR: Well, and that night, to watch Miami
and Las Vegas play, the Miami Rockets high school game.
COMMISSIONER SOLIS: Right.
CHAIRMAN TAYLOR: Wow. Right down to the last two
seconds, we didn't -- I mean, it was -- and we all were watching the
kicker go out in the field, and it was, you know -- and everybody
said, yeah, he's a soccer player for sure. He's short, you know. He
looks like he could handle it. And the kick that would have given
the win by, what, two points -- the two-point spread, right, it hit the
crossbar. It hit the crossbar. That's the last second of the game.
So it was everything that you want a football game to be. It was fun.
People were well behaved.
But as we're talking about parks, I want to say a big thank you to
Dr. Yilmaz who took me around the Big Corkscrew Park, the new
one yet to be open. I don't think we are quite open yet. Wow.
September 14, 2021
Page 173
That is extraordinary up there. What a resource for the residents up
there. It is so well designed, and it's on time. And I don't know if
it's underbudget, but it's at budget. And it's -- it is at budget, right?
And it's just -- just -- it just takes your breath away. When you know
what was there and you know what the needs are. And those soccer
fields, I mean, I can see those kids playing on those soccer fi elds.
COMMISSIONER McDANIEL: Yep.
CHAIRMAN TAYLOR: They're already there, right?
COMMISSIONER McDANIEL: Yes, ma'am. That phase of
the park is, in fact, open.
CHAIRMAN TAYLOR: Wow. It's just -- congratulations,
again. The county has delivered. And, you know -- are we going to
do a ribbon cutting up there?
DR. YILMAZ: (Nods head.)
CHAIRMAN TAYLOR: Okay. We definitely need to have
Commissioner Fiala at that, because she talked about Big Corkscrew
and she ever talked about that, she needs to be invited as a guest up
there. This is -- this is a dream come true, and also for your district.
I'm not negating that. But I remember she was a great champion of
that.
So on that note, any other comments?
(No response.)
CHAIRMAN TAYLOR: We are adjourned and thank you very
much.
****Commissioner LoCastro moved, seconded by Commissioner
Solis and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted****
Item #16A1
September 14, 2021
Page 174
THE FY 21/22 10-YEAR CAPITAL PLANNING DOCUMENT
FOR FUND 195-BEACH RENOURISHMENT AND PASS
MAINTENANCE AND FUND 185 PROGRAM MANAGEMENT
AND ADMINISTRATION AND MAKE A FINDING THAT
THESE EXPENDITURES PROMOTE TOURISM
Item #16A2
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ABACO POINTE PHASE 1, PL20190002237 AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A3
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ABACO POINTE PHASE 2, PL20190002966 AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A4
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ABACO POINTE PHASE 3, PL20190002662 AND
September 14, 2021
Page 175
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A5
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR AUDUBON PHASE 1,
PL20200001066, AND AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $8,047.90 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT
Item #16A6
RESOLUTION 2021-165: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF BENT CREEK PRESERVE, PHASE 2B,
APPLICATION NUMBERS PL20170002778, AND AUTHORIZE
THE RELEASE OF THE MAINTENANCE SECURITY
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
UTILITY FACILITIES FOR THE CARIBBEAN PARK AMENITY
September 14, 2021
Page 176
CENTER, PL20200001784
Item #16A8
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR THE ENCLAVE OF DISTINCTION,
PL20190000536, ACCEPT THE CONVEYANCE OF ALL OF THE
POTABLE WATER AND A PORTION OF THE SEWER
FACILITIES, AND AUTHORIZE THE COUNTY MANAGER, OR
HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT
Item #16A9
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF ALL OF THE POTABLE WATER AND A
PORTION OF THE SEWER UTILITY FACILITIES FOR THE
FIDDLER'S CREEK PLAZA, PL20210000983
Item #16A10
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
UTILITY FACILITIES FOR THE TRACT F AT FIDDLER'S
CREEK PLAZA (PUBLIX), PL20210000867
Item #16A11
September 14, 2021
Page 177
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR FRONTERRA PHASE 2B, PL20190001628 AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A12
RESOLUTION 2021-166: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF GOLF CLUB OF THE EVERGLADES PHASE
1B, APPLICATION NUMBER PL20140002532; AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A13
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
AND ACCEPT THE CONVEYANCE OF A PORTION OF THE
SEWER UTILITY FACILITIES FOR THE HERE WE GROW
GRINDER STATION, PL20210000902
Item #16A14
RESOLUTION 2021-167: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF LAGO VILLAGGIO (F/K/A REGENT
LAKE ESTATES), APPLICATION NUMBER PL20120001748 (99-
September 14, 2021
Page 178
38), ACCEPTANCE OF COUNTY MAINTENANCE
RESPONSIBILITIES FOR TRACT H OF LAGO VILLAGGIO,
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A15
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR LEGACY NAPLES, PL20190000057,
ACCEPT THE CONVEYANCE OF A PORTION OF THE
POTABLE WATER AND SEWER FACILITIES, AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $55,072.93 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A16
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR LEGACY NAPLES NEW
HOPE MINISTRIES PHASE 2, PL20190001401, AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $13,631.66 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A17
FINAL ACCEPTANCE OF THE POTABLE WATER
September 14, 2021
Page 179
UTILITY FACILITIES FOR MAGNOLIA SQUARE
APARTMENTS PHASE 1B, PL20210001586
Item #16A18
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE SEWER UTILITY
FACILITIES FOR THE OLD 41 STORAGE FACILITY -
MIDGARD 2, PL20210000416
Item #16A19
RESOLUTION 2021-168: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF ORANGE BLOSSOM RANCH PHASE 1B
(A/K/A THE GROVES AT ORANGE BLOSSOM),
APPLICATION NUMBER AR-7431, ACCEPTANCE OF
COUNTY MAINTENANCE RESPONSIBILITIES FOR TRACT
“R” OF ORANGE BLOSSOM RANCH PHASE 1B, AND
AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A20
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR RANCH AT ORANGE BLOSSOM 2C, PL20180001817 AND
TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR
September 14, 2021
Page 180
THE DEVELOPER’S DESIGNATED AGENT
Item #16A21
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR SEYCHELLES - ONSITE, PL20190002069 AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $89,767.63 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A22
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR VINCENT ACRES, PL20200000511 AND AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT
Item #16A23
RESOLUTION 2021-169: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF WINDING CYPRESS PHASE 2, APPLICATION
NUMBER PL20140002533; AND AUTHORIZE THE RELEASE
OF THE MAINTENANCE SECURITY
September 14, 2021
Page 181
Item #16A24
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE WATER UTILITY
FACILITIES FOR THE 7-ELEVEN STORE NO. 34813 -
PL20210001153
Item #16A25
A COLLIER COUNTY LANDSCAPE MAINTENANCE
AGREEMENT (“AGREEMENT”) BETWEEN COLLIER
COUNTY AND 7 ELEVEN, INC., 34813 PINE RIDGE, LLC, AND
CREIGHTON CONSTRUCTION AND MANAGEMENT LLC,
FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS
WITHIN THE AIRPORT-PULLING ROAD AND PINE RIDGE
ROAD PUBLIC RIGHTS-OF-WAY
Item #16A26
RECORDING THE FINAL PLAT OF ANTHEM PARKWAY
PHASE 4, (APPLICATION NUMBER PL20200002048)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY
Item #16A27
RECORDING THE MINOR FINAL PLAT OF ESTANCIA
SECTION OF MARSH COVE AT FIDDLER’S CREEK,
September 14, 2021
Page 182
APPLICATION NUMBER PL20200002257
Item #16A28
RECORDING THE FINAL PLAT OF ESPLANADE BY THE
ISLANDS – PHASE 2, (APPLICATION NUMBER
PL20210000687) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
Item #16A29
RECORDING THE AMENDED FINAL PLAT OF ISLES OF
COLLIER PRESERVE PHASE 15, (APPLICATION NUMBER
PL20200002649) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
Item #16A30
RECORDING THE MINOR FINAL PLAT OF MAGNOLIA
SQUARE OF NAPLES, APPLICATION NUMBER
PL20210000595
Item #16A31
RECORDING THE FINAL PLAT OF NATIONAL GOLF AND
COUNTRY CLUB AT AVE MARIA, PHASE 3, (APPLICATION
NUMBER PL20200002565) APPROVAL OF THE STANDARD
September 14, 2021
Page 183
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
Item #16A32
RECORDING THE MINOR FINAL PLAT OF TOP GUN
PARADISE, APPLICATION NUMBER PL20210000952
Item #16A33
A WORK ORDER TO BONNESS, INC., FOR CONSTRUCTION
OF THE “COMMERCIAL BLVD. AT EXCHANGE AVE.
INTERSECTION IMPROVEMENTS” PROJECT, IN THE
AMOUNT OF $250,670.71 (PROJECT PN #60188.11) AND
AUTHORIZE THE CHAIR TO SIGN THE WORK ORDER
Item #16A34
THE CONVEYANCE OF A TEMPORARY CONSTRUCTION
EASEMENT FROM THE COLLIER COUNTY WATER-SEWER
DISTRICT TO COLLIER COUNTY FOR THE CONSTRUCTION
OF THE VETERANS MEMORIAL BOULEVARD EXTENSION
PROJECT NO. 60198
Item#16A35
THE CONVEYANCE OF SIDEWALK EASEMENTS (PARCELS
106SWE, 107SWE, 109SWE, 110SWE) TO FACILITATE
COLLIER COUNTY’S MAINTENANCE OF THE PUBLIC
SIDEWALK ALONG THE SOUTH SIDE OF MAINSAIL DRIVE
September 14, 2021
Page 184
Item #16A36
A WORK ORDER TO PREFERRED MATERIALS, INC., FOR
CONSTRUCTION OF THE “OIL WELL ROAD SHOULDER
IMPROVEMENTS - SEGMENT II” PROJECT, IN THE AMOUNT
OF $723,901.64 (PROJECT #60231) AND AUTHORIZE THE
CHAIR TO SIGN THE WORK ORDER
Item #16A37
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $164,980 WHICH WAS POSTED
AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20210000629) FOR WORK
ASSOCIATED WITH AVALON PARK PHASE 4
Item #16A38
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $2,960 WHICH WAS POSTED AS
A DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20210000137) FOR WORK
ASSOCIATED WITH BAYSHORE FOOD AND WINE VENUE
Item #16A39
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $1,014,980, WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBERS
60.084, PL20120001253 AND 60.084.2, PL20140002460, FOR
September 14, 2021
Page 185
WORK ASSOCIATED WITH ESPLANADE GOLF AND
COUNTRY CLUB OF NAPLES SDP #1
Item #16A40
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20190001067 FOR WORK ASSOCIATED WITH HAMILTON
PLACE
Item #16A41
THE CLERK OF COURTS TO RELEASE A LETTER OF CREDIT
IN THE AMOUNT OF $50,000 WHICH WAS POSTED AS PART
OF A SETTLEMENT AGREEMENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS AND J.C. DRAINFIELD REPAIR,
INC. TO COMPLY WITH THE REQUIREMENTS OF THE
INDUSTRIAL PRETREATMENT ORDINANCE
Item #16A42
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $84,300, WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.902-
37, PL20170004095, FOR WORK ASSOCIATED WITH MAPLE
RIDGE AT AVE MARIA PHASE 5A
Item #16A43
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
September 14, 2021
Page 186
BOND IN THE AMOUNT OF $1,000,000, WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20190001728, FOR WORK ASSOCIATED WITH THE
NATIONAL GOLF AND COUNTRY CLUB AT AVE MARIA,
PHASE 1
Item #16A44
RELEASING THE EXISTING EXCAVATION PERFORMANCE
SECURITY IN THE AMOUNT OF $500,000, THAT WAS
REPLACED BY AN EXCAVATION PERFORMANCE
AGREEMENT AND ALTERNATE EXCAVATION
PERFORMANCE SECURITY IN THE SAME AMOUNT, FOR
THE PROJECT KNOWN AS WILLOW RUN QUARRY,
COMMERCIAL EXCAVATION PERMIT NUMBER 59.206,
PL20110001383
Item #16A45
TIME EXTENSION CONTRACT AMENDMENTS FOR
AGREEMENT NO. 4600004128 FOR THE GRIFFIN ROAD
STORMWATER IMPROVEMENT PROJECT (#60196),
AGREEMENT NO. 4600004125 FREEDOM PARK
STORMWATER CHANNEL IMPROVEMENT PROJECT
(#60102), AND AGREEMENT NO. 4600003762 FOR THE WEST
GOODLETTE-FRANK ROAD AREA JOINT STORMWATER-
SEWER PROJECT (#60142) BETWEEN THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT AND COLLIER COUNTY
Item #16A46
September 14, 2021
Page 187
RESOLUTION 2021-170: AMENDING EXHIBIT “A” TO
RESOLUTION NO. 2013-239, THE LIST OF SPEED LIMITS ON
COUNTY MAINTAINED ROADS, TO REFLECT THE
TEMPORARY REDUCTION OF THE SPEED LIMIT AT SIX
SEPARATE LOCATIONS DUE TO CONSTRUCTION
ACTIVITIES RELATING TO THE ELEVEN BRIDGES
REPLACEMENT (PROJECT NUMBER 66066.12)
Item #16A47
RESOLUTION 2021-171: SUBMITTAL OF A BEAUTIFICATION
GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR A PROJECT IN WHICH COLLIER
COUNTY WILL BE REIMBURSED, UP TO $100,000, FOR
MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS
ON STATE ROAD US 41 NORTH (LEE/COLLIER COUNTY
LINE TO VANDERBILT BEACH ROAD)
Item #16A48
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $43,400 FOR PAYMENT OF $2,450, IN
THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS V. JANTINA JO HANNA, CODE
ENFORCEMENT BOARD CASE NO. CESD20190008083
RELATING TO PROPERTY LOCATED AT 3061 LUNAR ST,
COLLIER COUNTY, FLORIDA
Item #16A49
RESOLUTION 2021-171A: SUBMITTING A BEAUTIFICATION
September 14, 2021
Page 188
GRANT APPLICATION REIMBURSABLE UP TO $100,000 AND
A FORMAL JOINT PARTICIPATION AGREEMENT (JPA)
LETTER REQUESTING FUNDING IN THE AMOUNT OF
$865,000 TO FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR MEDIAN IRRIGATION AND LANDSCAPING
IMPROVEMENTS ON STATE ROAD 84 DAVIS BOULEVARD
(SANTA BARBARA BOULEVARD TO COLLIER BOULEVARD,
2.5 MILE) PROJECT
Item #16A50
A COLLIER COUNTY LANDSCAPE MAINTENANCE
AGREEMENT (“AGREEMENT”) BETWEEN COLLIER
COUNTY AND ARDENA HOMEOWNER’S ASSOCIATION,
INC., FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS
WITHIN THE LIVINGSTON ROAD PUBLIC RIGHT-OF-WAY
Item #16A51
THE SELECTION COMMITTEE’S RANKING FOR REQUEST
FOR PROFESSIONAL SERVICES (“RPS”) NO. 21-7901,
“IMMOKALEE ROAD AT RANDALL BOULEVARD
INTERSECTION IMPROVEMENTS,” AND AUTHORIZE STAFF
TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP
RANKED FIRM, HNTB CORPORATION SO THAT STAFF CAN
BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S
CONSIDERATION AT A SUBSEQUENT MEETING
Item #16A52
AFTER-THE-FACT ACCEPTANCE OF A GRANT AWARD
September 14, 2021
Page 189
FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION UNDER THE BULK DERELICT VESSEL
REMOVAL PROGRAM IN THE AMOUNT OF $37,400 AND
AUTHORIZE NECESSARY BUDGET AMENDMENT (PROJECT
#33771)
Item #16A53
AFTER-THE-FACT ACCEPTANCE OF A GRANT AWARD
FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION UNDER THE BULK DERELICT VESSEL
REMOVAL PROGRAM IN THE AMOUNT OF $14,455 AND
AUTHORIZE NECESSARY BUDGET AMENDMENT (PROJECT
#33771)
Item #16A54
AWARD INVITATION FOR QUALIFICATIONS (“IFQ”) NO. 21 -
7842, “ROADWAY CONTRACTOR SERVICES,” TO
PREFERRED MATERIALS, INC., AJAX PAVING INDUSTRIES
OF FLORIDA LLC, QUALITY ENTERPRISES USA, INC.,
PAVEMENT MAINTENANCE, LLC, COUGAR CONTRACTING,
LLC, AND COASTAL CONCRETE PRODUCTS, LLC D/B/A
COASTAL SITE DEVELOPMENT PROJECT NO. 60201 - PINE
RIDGE RD. CORRIDOR IMPROVEMENTS
Item #16A55
THE SELECTION COMMITTEE’S RANKING FOR REQUEST
FOR PROFESSIONAL SERVICES (“RPS”) NO. 21-7831, “PINE
RIDGE ROAD CORRIDOR IMPROVEMENTS," AND TO
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AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS
WITH THE TOP RANKED FIRM JACOBS ENGINEERING
GROUP, INC., SO THAT A PROPOSED AGREEMENT CAN BE
BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A
FUTURE MEETING
Item #16A56
RESOLUTION 2021-172: SUPPORTING THE COUNTY’S
APPLICATIONS TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR LONG RANGE
BUDGET PLAN REQUESTS FOR BEACH RENOURISHMENT
PROJECTS FOR FISCAL YEAR 2022/2023. THIS ACTION
MAINTAINS THE COUNTY'S ELIGIBILITY FOR STATE COST
SHARE FUNDING FOR FUTURE RENOURISHMENT
PROJECTS
Item #16A57
A BUDGET AMENDMENT TRANSFERRING $91,000 FROM
FUND (325) PROJECT #60102 – GORDON RIVER TO FUND
(325) PROJECT NO. 50177 – COCOHATCHEE RIVER TO FUND
THE FINAL DESIGN AND PERMITTING OF A DREDGING
PROJECT OF THE COCOHATCHEE RIVER NEAR THE US 41
BRIDGE
Item #16A58
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 20-7812,
“COLLIER AREA TRANSIT ONBOARD SECURITY
CAMERAS,” TO IVS, INC., AND AUTHORIZE THE CHAIR TO
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EXECUTE THE AGREEMENT
Item #16A59
RESOLUTION 2021-173: ACKNOWLEDGING THE
TERMINATION OF RESOLUTION 2009-58, RESOLUTION 2014-
37, RESOLUTION 2015-40, AND RESOLUTION 2018-27
RELATING TO THE STEWARDSHIP SENDING AREA WITH A
DESIGNATION AS “BCI/BCP SSA 10”; BASED UPON THE
TERMINATION DATE OF MARCH 10, 2021 IN THE
STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR
BCI/BCP SSA 10 AND THE ESCROW AGREEMENT FOR
BCI/BCP SSA 10
Item #16B1
DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AND
BRING BACK FOR FUTURE CONSIDERATION AN
ORDINANCE CREATING THE COLLIER COUNTY PUBLIC
ART COMMITTEE TO ADVISE THE BOARD ON ALL
MATTERS RELATING TO THE PUBLIC ART WITHIN THE
ENTIRE UNINCORPORATED AREA OF THE COUNTY,
INCLUDING THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA
Item #16B2
APPROVING THE ATTENDANCE OF TWO IMMOKALEE AND
TWO BAYSHORE/GATEWAY TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD MEMBERS AT THE
FLORIDA REDEVELOPMENT ASSOCIATION 2021 ANNUAL
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CONFERENCE; AUTHORIZE PAYMENT OF ATTENDEES’
REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM
THE CRA TRUST FUND (FUND 186/187); AND DECLARE THE
TRAINING RECEIVED AS SERVING A VALID PUBLIC
PURPOSE
Item #16B3
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE COMMUNITY REDEVELOPMENT AGENCY BOARD,
AUTHORIZE NECESSARY BUDGET AMENDMENTS TO
RECOGNIZE CARRYFORWARD IN BAYSHORE CRA FUND
(187) AND IMMOKALEE CRA FUND (186) AND TRANSFER
THOSE MONEYS ALONG WITH CAPITAL RESERVE
BALANCES INTO BAYSHORE CRA CAPITAL FUND (787)
AND IMMOKALEE CRA CAPITAL FUND (786), AND
APPROPRIATE THOSE FUNDS PLUS THE RESERVES IN
BAYSHORE CRA CAPITAL PROJECT FUND (787) INTO
SPECIFIC PROJECTS PURSUANT TO THE COMMUNITY
REDEVELOPMENT PLAN
Item #16B4
AWARD INVITATION TO BID (“ITB”) NO. 21-7846R,
BAYSHORE BEAUTIFICATION MSTU LANDSCAPE AND
IRRIGATION MAINTENANCE, TO A&M PROPERTY
MAINTENANCE LLC, AS THE PRIMARY VENDOR, AND
MAINSCAPE, INC., AS THE SECONDARY VENDOR,
AUTHORIZE THE CHAIR TO SIGN THE AGREEMENT
Item #16B5
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AUTHORIZATION TO ADVERTISE AND BRING BACK FOR
FUTURE CONSIDERATION AN ORDINANCE AMENDING
ORDINANCE NO. 2002-52, AS AMENDED, WHICH
ESTABLISHED THE IMMOKALEE BEAUTIFICATION
ADVISORY COMMITTEE, TO REDUCE QUORUM
REQUIREMENTS AT MEETING FROM FOUR TO THREE
MEMBERS
Item #16C1
RE-AFFIRMING THAT THE FLORIDA DEPARTMENT OF LAW
ENFORCEMENT AND THE FEDERAL BUREAU OF
INVESTIGATION ARE SOLE SOURCE PROVIDERS FOR
BACKGROUND CHECKS AND FINGERPRINTING PURSUANT
TO FLORIDA STATUTE 125.5801, APPROVE THE CURRENT
FEE CHANGES, AND AUTHORIZE SUBSEQUENT ANNUAL
FEE CHANGES MADE BY THE SOLE SOURCE PROVIDER
Item #16C2
THE CONVEYANCE OF A UTILITY FACILITIES WARRANTY
DEED AND BILL OF SALE AND UTILITY EASEMENT FOR
POTABLE WATER AND SEWER INFRASTRUCTURE ON
COUNTY OWNED PROPERTY LOCATED AT THE PROPOSED
HERITAGE BAY GOVERNMENT CENTER SITE TO THE
COLLIER COUNTY WATER-SEWER DISTRICT, AT A COST
NOT TO EXCEED $100
Item #16C3
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THE CONVEYANCE OF A BILL OF SALE FOR WATER
INFRASTRUCTURE ON AND TO COUNTY OWNED
PROPERTY LOCATED AT 5362 USEPPA DRIVE IN THE TOWN
OF AVA MARIA, FOR A PUBLIC SAFETY CENTER, TO THE
AVA MARIA UTILITY COMPANY, AT NO COST TO COUNTY
Item #16C4
A BUDGET AMENDMENT IN THE AMOUNT OF $600,000 TO
FUND EMERGENCY REPAIRS WITHIN THE PUBLIC
UTILITIES DEPARTMENT’S WASTEWATER DIVISION
Item #16C5
THE TRANSFER OF TWO PARCELS (PARCELS 150POND AND
1122POND), REQUIRED FOR CONSTRUCTION OF THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168, FROM THE GAC LAND TRUST TO THE
TRANSPORTATION ENGINEERING DIVISION’S INVENTORY
Item #16C6
AN ASSUMPTION AGREEMENT WITH WASTE PRO OF
FLORIDA, INC., OF THE FRANCHISE AGREEMENT FOR
SOLID WASTE, RECYCLABLE MATERIALS, AND YARD
TRASH COLLECTION SERVICES IN MUNICIPAL SERVICE
DISTRICT II (IMMOKALEE AND AVE MARIA AREA), WHO
PURCHASED THE ASSETS OF THE PRIOR VENDOR OF THIS
FRANCHISE AGREEMENT
Item #16C7
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THIS ITEM CONTINUED FROM THE JUNE 22, 2021 BCC
MEETING: AWARD INVITATION FOR QUALIFICATION
(“IFQ”) NO. 20-7771, “SMALL GENERAL CONTRACTING
SERVICES,” FOR COUNTY-WIDE GENERAL CONTRACTING
SERVICES TO: CAPITAL CONTRACTORS, LLC, DEC
CONTRACTING GROUP, INC., CHRIS-TEL COMPANY OF
SOUTHWEST FLORIDA, INC. D/B/A CHRIS-TEL
CONSTRUCTION, WAYPOINT CONTRACTING INC, VETOR
CONTRACTING SERVICES, LLC, AND N R CONTRACTORS,
INC.
Item #16C8
GRANT AGREEMENT #H0600 WITH THE FLORIDA DIVISION
OF EMERGENCY MANAGEMENT (“FDEM”) FOR “COLLIER
COUNTY, FACILITIES MANAGEMENT, GENERATOR”
UNDER PROJECT 33744, AND TO AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT FOR
THE NECESSARY BUDGET AMENDMENTS
Item #16D1
A MEMORANDUM OF AGREEMENT WITH THE FLORIDA
FISH AND WILDLIFE CONSERVATION COMMISSION TO
ALLOW YOUTH HUNTS AT PEPPER RANCH PRESERVE IN
JANUARY 2022 AND FEBRUARY 2022
Item #16D2
AN “AFTER-THE-FACT” AGREEMENTS AND ATTESTATION
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STATEMENTS WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC., COMMUNITY CARE FOR THE
ELDERLY, ALZHEIMER’S DISEASE INITIATIVE, AND HOME
CARE FOR THE ELDERLY GRANT PROGRAMS FOR COLLIER
COUNTY’S SERVICES FOR SENIORS PROGRAM AND
AUTHORIZE A BUDGET AMENDMENT TO ENSURE
CONTINUOUS FUNDING FOR FY2021/2022
Item #16D3
AN INCOME DISTRIBUTION FROM THE HARVEY M.
SHREVE JR. IRREVOCABLE TRUST ACCOUNT IN THE
AMOUNT OF $8,938.46 TO THE COLLIER COUNTY PUBLIC
LIBRARY, TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO COMPLETE ANY REQUIRED FORMS, AND TO
APPROVE ANY NECESSARY BUDGET AMENDMENTS
Item #16D4
TWENTY-FOUR (24) MORTGAGE SATISFACTIONS FOR THE
STATE HOUSING INITIATIVES PARTNERSHIP LOAN
PROGRAM IN THE AMOUNT OF $1,200,000
Item #16D5
TEN (10) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE AMOUNT OF $197,142 AND THE ASSOCIATED BUDGET
AMENDMENTS
Item #16D6
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THE STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM ANNUAL REPORTS AND AUTHORIZE THE
CHAIRPERSON TO SIGN THE LOCAL HOUSING INCENTIVE
CERTIFICATION TO CLOSEOUT FISCAL YEAR 2018/2019
AND APPROVE INTERIM REPORTS FOR FISCAL YEAR
2019/2020 AND 2020/2021 TO ENSURE COMPLIANCE WITH
PROGRAM REQUIREMENTS
Item #16D7
THREE (3) RELEASE OF LIENS FOR FULL PAYMENT OF A
COMBINED TOTAL OF $39,830.60 INCLUDING INTEREST
($31,864.47 ORIGINAL DEFERRAL), PURSUANT TO
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR OWNER-OCCUPIED
AFFORDABLE HOUSING DWELLINGS
Item #16D8
ONE RELEASE OF LIEN FOR AN AFFORDABLE HOUSING
DENSITY BONUS AGREEMENT FOR A UNIT THAT IS NO
LONGER SUBJECT TO THE TERMS OF THE AGREEMENT
Item #16D9
A PARTNERS FOR FISH AND WILDLIFE PROGRAM
LANDOWNER AGREEMENT MODIFICATION FOR A $15,000
GRANT AWARD FROM THE U.S. FISH AND WILDLIFE
SERVICE PARTNERS FOR FISH AND WILDLIFE PROGRAM
FOR FISH AND WILDLIFE HABITAT RESTORATION AT
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MCILVANE MARSH PRESERVE AND APPROVE ALL
NECESSARY BUDGET AMENDMENTS
Item #16D10
A BUDGET AMENDMENT TO RECOGNIZE INTEREST
EARNED FOR THE PERIOD JANUARY THROUGH MARCH
2021 ON ADVANCED LIBRARY FUNDING RECEIVED FROM
THE FLORIDA DEPARTMENT OF STATE TO SUPPORT
LIBRARY SERVICES AND EQUIPMENT FOR THE USE OF
COLLIER COUNTY RESIDENTS AND AUCTION PROCEEDS
Item #16D11
AN "AFTER-THE-FACT" NASA @ MY LIBRARY GRANT
APPLICATION TO THE AMERICAN LIBRARY ASSOCIATION
IN THE AMOUNT OF $1,600
Item #16D12
AGREEMENT MODIFICATION FOR THE FLORIDA
DEPARTMENT OF EMERGENCY MANAGEMENT HAZARD
MITIGATION GRANT #H0311 ACCEPTING $14,999.93 AND
EXTENDING THE AGREEMENT DEADLINE TO JANUARY 31,
2022, FOR HARDENING OF THE UNIVERSITY EXTENSION
SERVICES’ INSTITUTE OF FOOD AND AGRICULTURAL
SERVICES BUILDING
Item #16D13
THE FIRST AMENDMENT BETWEEN COLLIER COUNTY AND
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THE IMMOKALEE FIRE CONTROL DISTRICT FOR THE
CONSTRUCTION OF A NEW FIRE STATION IN IMMOKALEE,
FLORIDA
Item #16D14
AWARD REQUEST FOR QUOTATION NO. 21-1010 TO AJAX
PAVING INDUSTRIES OF FLORIDA, FOR THE “BAREFOOT
BEACH ROADWAY” PROJECT, AUTHORIZE STAFF TO OPEN
A PURCHASE ORDER IN THE AMOUNT OF $486,231.36 AND
MAKE A FINDING THAT THIS EXPENDITURE PROMOTES
TOURISM
Item #16D15
TERMINATING FOR CONVENIENCE AGREEMENT NO. 20-
7801 WITH A2 GROUP, INC. AS THE CONSTRUCTION
MANAGER AT RISK (CMAR) FOR THE SUN-N-FUN WATER
PARK REHABILITATION AND RESTORATION PROJECT
Item #16E1
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16E2
REPORT FOR THE SALE OF 89 ITEMS AND DISBURSEMENT
OF FUNDS IN THE AMOUNT OF $399,465.00 ASSOCIATED
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WITH THE COUNTY SURPLUS AUCTION HELD ON AUGUST
7, 2021
Item #16E3
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E4
WAIVING COMPETITION AND APPROVE COMMUNITY
UTILITIES ENVIRONMENTAL SERVICES, INC. (“CUES”), AS
THE SINGLE SOURCE VENDOR FOR CLOSED CIRCUIT
TELEVISION SEWER CAMERA INSPECTION VEHICLES,
PARTS, SOFTWARE, AND SERVICES
Item #16E5
RATIFYING PROPERTY, CASUALTY, WORKERS’
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15
FOR THE THIRD QUARTER OF FY 21
Item #16E6
THE PURCHASE OF EXCESS WORKERS’ COMPENSATION
INSURANCE FOR FY 2022 WITH ARCH INSURANCE
COMPANY IN THE ESTIMATED ANNUAL AMOUNT OF
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$178,929
Item #16E7
AWARD REQUEST FOR PROPOSAL (“RFP”) #21-7882,
“WORKERS’ COMPENSATION MEDICAL CASE
MANAGEMENT PROGRAM,” TO NAPLES PHYSICIAN
HOSPITAL ORGANIZATION, INC. D/B/A COMMUNITY
HEALTH PARTNERS
Item #16E8
THE PURCHASE OF FLOOD INSURANCE FOR FISCAL YEAR
2022 IN THE ESTIMATED AMOUNT OF $483,694.00
Item #16E9
THE PURCHASE OF AIRCRAFT AND AIRPORT INSURANCE
FOR FY 2022 FROM THE MEMBER COMPANIES OF GLOBAL
AEROSPACE IN THE ANNUAL AMOUNT OF $212,437
Item #16E10
RESOLUTION 2021-174: AUTHORIZING
INTERGOVERNMENTAL TRANSFERS (IGT) BETWEEN
COLLIER COUNTY EMS AND THE STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA)
FOR FY22, TO AUTHORIZE CHAIRMAN TO SIGN AN
AGREEMENT WITH AHCA TO ACCEPT DIRECT PAYMENTS
FROM THE PROGRAM NAMED STATEWIDE MEDICAID
MANAGED CARE (SMMC) FOR FY22 AND TO APPROVE THE
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NECESSARY BUDGET AMENDMENTS
Item #16E11
RECOGNIZING ACCRUED INTEREST FROM THE PERIOD
MAY 1, 2021 THROUGH JUNE 30, 2021 EARNED BY EMS
CARES ACT PROVIDER RELIEF PAYMENT AND
APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $58.27
Item #16E12
RECOGNIZING ACCRUED INTEREST FROM THE PERIOD
MAY 1, 2021 THROUGH JUNE 30, 2021 EARNED BY EMS
COUNTY GRANT AND APPROPRIATE FUNDS FOR A TOTAL
AMOUNT OF $289.31
Item #16E13
RESOLUTION 2021-175: PROVIDING FOR USER FEES FOR
COLLIER COUNTY AMBULANCE SERVICES, BILLING AND
COLLECTION PROCEDURE, HOSPITAL TRANSPORT
BILLING AND UPDATED FEES, ADJUSTMENTS OF EMS
USER FEES PURSUANT TO COLLIER COUNTY ORDINANCE
NO. 96-36, WAIVER OF EMS USER FEES FOR SPECIAL
EVENTS, AND A PROCEDURE FOR APPROVING PAYMENT
PLANS; SUPERSEDING RESOLUTION NO. 08-27; AND
PROVIDING FOR AN EFFECTIVE DATE
Item #16E14
AUTHORIZING THE PROCUREMENT SERVICES DIRECTOR
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TO PROCURE GOODS OR SERVICES FROM VENDORS THAT
HAVE BEEN AWARDED A CONTRACT AS A RESULT OF A
COMPETITIVE SELECTION PROCESS BY A FEDERAL, STATE
OR MUNICIPAL GOVERNMENT, OR ANY OTHER
GOVERNMENTAL AGENCY, POLITICAL SUBDIVISION, OR
GOVERNMENT-RELATED ASSOCIATION OR A
PURCHASING COOPERATIVE, PROVIDED THAT THE
ORIGINATING ENTITY UTILIZED A COMPETITIVE PROCESS
SIMILAR TO COLLIER COUNTY’S, AND AUTHORIZE THE
COUNTY MANAGER OR DESIGNEE TO SIGN AGREEMENTS
ASSOCIATED WITH THOSE PURCHASES
Item #16F1
RECOGNIZING RYAN DAWSON, PUBLIC UTILITIES
DEPARTMENT, FACILITIES MANAGEMENT AS THE JULY
2021 EMPLOYEE OF THE MONTH
Item #16F2
BUDGET AMENDMENTS APPROPRIATING
APPROXIMATELY $1,221,483,700 OF UNSPENT FY 2021
CAPITAL PROJECT AND GRANT BUDGETS INTO FISCAL
YEAR 2022
Item #16F3
BOARD RATIFICATION OF SUMMARY, CONSENT AND
EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY
MANAGER DURING THE BOARD'S SCHEDULED RECESS. (IN
ABSENTIA MEETING(S) DATED JULY 27, 2021; AUGUST 10,
September 14, 2021
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2021 AND AUGUST 24, 2021)
JULY 27, 2021
A) THE SELECTION COMMITTEE’S RANKING TO
REQUEST FOR PROFESSIONAL SERVICES (“RPS”) #21-
7902, “GOODLETTE FRANK ROAD STORMWATER &
DITCH IMPROVEMENTS (SECTION B),” AND
AUTHORIZE STAFF TO BEGIN CONTRACT
NEGOTIATIONS WITH THE TOP-RANKED FIRM, AIM
ENGINEERING & SURVEYING, INC., SO THAT A
PROPOSED AGREEMENT CAN BE BROUGHT BACK
FOR THE BOARD’S CONSIDERATION AT A FUTURE
MEETING
B) A WORK ORDER TO QUALITY ENTERPRISES USA,
INC., IN THE AMOUNT OF $758,979 FOR THE
“SOUTHBAY DRIVE AND CENTER STREET SEWER
REPLACEMENT” PROJECT, PURSUANT TO
AGREEMENT NO. 20-7800 (PROJECT NUMBER 70139)
C) AWARD INVITATION TO BID (“ITB”) NO. 21-7875,
“BYPASS PUMP PREVENTATIVE MAINTENANCE,
REPAIR AND REPLACEMENT” TO MERSINO
DEWATERING, INC.
D) AWARD OF INVITATION TO BID (“ITB”) NO. 21-7825,
“NCWRF EQ #3 ODOR CONTROL IMPROVEMENTS –
PHASE 1 CONSTRUCTION,” TO R2T, INC., IN THE
AMOUNT OF $424,525.00, AND AUTHORIZE THE
CHAIR TO EXECUTE THE AGREEMENT, PROJECT NO.
September 14, 2021
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70148
E) RESOLUTION 2021-160: A LEASE AGREEMENT WITH
STREAMLINE WIRELESS LLC FOR USE OF SPACE IN
A COUNTY OWNED COMMUNICATIONS EQUIPMENT
BUILDING AT 1515 BENTON ROAD
F) SECOND AMENDMENT TO AGREEMENT NO. 19-7650,
“GOLDEN GATE GOLF COURSE REDEVELOPMENT
PLANNING AND ENGINEERING," WITH DAVIDSON
ENGINEERING, INC., FOR PROFESSIONAL PLANNING
AND ENGINEERING SERVICES IN THE AMOUNT OF
$1,179,786.20, AUTHORIZE THE CHAIR TO SIGN THE
ATTACHED AMENDMENT, AND AUTHORIZE ANY
NECESSARY BUDGET AMENDMENTS
G) A LEASE AGREEMENT WITH MARCO ISLAND
HOSPITAL, INC., FOR TEMPORARY SPACE TO BE
USED BY EMS DURING RENOVATIONS TO MARCO
ISLAND FIRE STATION 50
H) ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE
ORDERS AND OTHER CONTRACTUAL
MODIFICATIONS REQUIRING BOARD APPROVAL
I) 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
September 14, 2021
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BETWEEN JULY 1, 2021 AND JULY 14, 2021
PURSUANT TO FLORIDA STATUTE 136.06
J) REQUEST THAT THE BOARD APPROVE AND
DETERMINE VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS
AS OF JULY 21, 2021
AUGUST 10, 2021
A) DIOCESE OF VENICE, NON-EXCLUSIVE SPACE
USAGE AGREEMENT AND LICENSE WITH THE ST
JOHN THE EVANGELIST CHURCH TO PROVIDE A
REGULAR PUBLIC MEETING LOCATION FOR USE BY
THE VANDERBILT BEACH BEAUTIFICATION
ADVISORY COMMITTEE; AND AUTHORIZE THE
COUNTY MANAGER TO SIGN THE AGREEMENT
B) ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL
OF PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
C) ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE
ORDERS AND OTHER CONTRACTUAL
MODIFICATIONS REQUIRING BOARD APPROVAL
D) AUTHORIZING BUDGET AMENDMENTS TO
TRANSFER FUNDING TO THE APPROPRIATE
CAPITAL FUNDS IN THE AMOUNT OF $15,000,000
September 14, 2021
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TO ACCOMMODATE THE EXPEDITION OF CAPITAL
PROJECTS FOLLOWING DIRECTION OF THE
BOARD OF COUNTY COMMISSIONERS
E) 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 JULY 15, 2021 AND JULY 28, 2021
PURSUANT TO FLORIDA STATUTE 136.06
F) BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF AUGUST
4, 2021
AUGUST 24, 2021
A) RESOLUTION 2021-161: A LEASE AGREEMENT WITH
CONGRESSMAN BYRON DONALDS FOR USE OF
COUNTY-OWNED OFFICE SPACE
B) CLARIFICATIONS TO THE EMERGENCY RENTAL
ASSISTANCE 1 AND 2 PROGRAMS FROM THE U.S.
DEPARTMENT OF TREASURY TO STREAMLINE THE
ELIGIBILITY REQUIREMENTS FOR HOUSEHOLDS
SEEKING ASSISTANCE UNDER THE PROGRAM
C) ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE
September 14, 2021
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ORDERS AND OTHER CONTRACTUAL ODIFICATIONS
REQUIRING BOARD APPROVAL
D) SPONSORSHIP AGREEMENT FOR FY 2022 BETWEEN
COLLIER COUNTY AND GLOBAL SPORTS RESORTS
LLC D/B/A ACADEMIA SANCHEZ-CASAL FLORIDA
(GLOBAL SPORTS RESORTS) AND MAKE A FINDING
THAT THIS ITEM PROMOTES TOURISM
E) THE 1-YEAR SPONSORSHIP AGREEMENT BETWEEN
COLLIER COUNTY AND UWP, LLC DBA PRO
WATERCROSS WORLD CHAMPIONSHIPS FOR $90,000
AND MAKE A FINDING THAT THE SPONSORSHIP
EXPENDITURES PROMOTE TOURISM
F) THE USE OF TOURIST DEVELOPMENT TAX
PROMOTION FUNDS TO SUPPORT THE TWO
UPCOMING OCTOBER 2021 SPORTS TOURISM
EVENTS UP TO $10,500 AND MAKE A FINDING THAT
THIS EXPENDITURE PROMOTE TOURISM
G) THE BOARD APPROVED AND DETERMINE VALID
PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS
OF AUGUST 18, 2021
H) 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
September 14, 2021
Page 209
BETWEEN JULY 29, 2021 AND AUGUST 11, 2021
PURSUANT TO FLORID STATUTE 136.06
Item #16F4
EXECUTING TOURIST DEVELOPMENT TAX GRANT
APPLICATIONS FOR FY 22 MARKETING GRANTS
(FORMERLY CATEGORY B) ($140,000) AND NON-COUNTY
OWNED/OPERATED MUSEUMS (FORMERLY CATEGORY C-
2) ($530,000) AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM
Item #16F5
RESOLUTION 2021-176: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FY20-21 ADOPTED BUDGET
Item #16F6
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY
Item #16F7
AN EXTENSION TO THE AVE MARIA INNOVATION ZONE
COLLECTION PERIOD AND DIRECT THE COUNTY
MANAGER, OR HIS DESIGNEE, TO DEVELOP AN ECONOMIC
DEVELOPMENT AGREEMENT WITH CARINA’S
MANUFACTURING, INC. AND AVE MARIA DEVELOPMENT,
September 14, 2021
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LLLP, FOR A DEDICATED MANUFACTURING FACILITY
Item #16F8
A BOARD-DIRECTED AGREEMENT WITH THE IMMOKALEE
FOUNDATION, TO OFFSET DEVELOPMENT COSTS ON A
HOUSING SUBDIVISION FOR THE CAREER PATHWAYS
LEARNING LAB, IN THE AMOUNT $500,000
Item #16G1
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 20-7802, “GRANT-FUNDED GENERAL PROFESSIONAL
SERVICES FOR AIRPORTS,” TO HOLE MONTES, INC.,
ATKINS NORTH AMERICA, INC., AVCON, INC., AND
INFRASTRUCTURE CONSULTING & ENGINEERING, PLLC,
LLC, AND AUTHORIZE THE CHAIR TO SIGN THE
AGREEMENTS
Item #16G2
CHANGE ORDER #3 TO AGREEMENT NO. 19-7558, “DESIGN
SERVICES FOR IMMOKALEE REGIONAL AIRPORT RUNWAY
REHAB AND TAXIWAY EXTENSION PROJECTS” WITH HOLE
MONTES, INC., TO EXTEND THE SCHEDULE FOR POST
DESIGN SERVICES FOR THE RUNWAY 18/36
REHABILITATION PROJECT BY 102 DAYS
Item #16J1
PROVIDING AFTER THE FACT APPROVAL FOR THE
September 14, 2021
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SHERIFF’S PURCHASE/REIMBURSEMENT OF RADIOS
USING THE UNITED STATES DEPARTMENT OF TREASURY
COMBINED EQUITABLE SHARING FUND
Item #16J2
BOARD APPROVED AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF SEPTEMBER 8, 2021
Item #16J3
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 AUGUST 12, 2021 AND
SEPTEMBER 1, 2021 PURSUANT TO FLORIDA STATUTE
136.06
Item #16K1
RESOLUTION 2021-177: APPOINTING TARIK AYASUN AS A
NEW ALTERNATE MEMBER TO THE COLLIER COUNTY
CODE ENFORCEMENT BOARD, AND RECLASSIFY LEE
RUBENSTEIN AS A REGULAR MEMBER
Item #16K2
RESOLUTION 2021-178: APPOINTING JOSE NUNEZ, JR. AND
JOSEPH RIVERA TO THE GOLDEN GATE CITY ECONOMIC
September 14, 2021
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DEVELOPMENT ZONE ADVISORY BOARD
Item #16K3
A SECOND AMENDMENT TO A RETENTION AGREEMENT
FOR LEGAL SERVICES WITH WOODS WEIDENMILLER
MICHETTI RUDNICK, LLP, EXTENDING THE TERM OF
PERFORMANCE AND INCREASING ITS HOURLY RATES FOR
THE FIRST TIME IN TEN YEARS
Item #16K4
A STIPULATED ORDER OF TAKING AND FINAL JUDGMENT
IN THE AMOUNT OF $96,200 WITH PRO SE RESPONDENTS
FOR THE TAKING OF PARCEL 219FEE REQUIRED FOR THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168
Item #16K5
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$77,500 PLUS $18,664 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1118FEE, REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K6
RESOLUTION 2021-179 & RESOLUTION 2021-180:
AUTHORIZING THE AUTHORITY TO ISSUE REVENUE
BONDS FOR THE ACQUISITION AND REHABILITATION OF
September 14, 2021
Page 213
BRITTANY BAY APARTMENTS PHASE I AND PHASE II, AN
AFFORDABLE HOUSING RENTAL FACILITY LOCATED AT
14815 TRIANGLE BAY DRIVE AND 14925 LIGHTHOUSE
ROAD, RESPECTIVELY
Item #16K7
RESOLUTION 2021-181: RE-APPOINTING EUGENE ERJAVEC,
JR. AND GEORGE GUNNAR THOMPSON TO THE
HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD
Item #16K8
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$150,000 PLUS $36,746 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1225FEE/DE REQUIRED FOR THE VANDERBILT BEACH
ROAD EXTENSION PROJECT NO. 60168
Item #16K9
A STIPULATED FINAL FOR THE TAKING OF PARCEL
1234FEE
Item #16K10
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$139,500 PLUS $26,336.77 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1105FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
September 14, 2021
Page 214
Item #16K11
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$119,500 PLUS $26,325.77 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
235FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K12
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$117,500 PLUS $29,939.96 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1120FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K13
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$170,000 PLUS $34,545.80 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1183RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K14
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$199,000 PLUS $53,429 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
September 14, 2021
Page 215
1197RDUE, REQUIRED FOR THE VANDERBILT BEACH
ROAD EXTENSION PROJECT NO. 60168
Item #16K15
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$113,000 PLUS $21,942.07 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1115FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K16
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$106,300 PLUS $20,200.88 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1117FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K17
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$172,500 PLUS $41,966 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1217FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K18
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$107,000 PLUS $21,728 IN STATUTORY ATTORNEY AND
September 14, 2021
Page 216
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1209FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K19
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$120,000 PLUS $49,964 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1220FEE, REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K20
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$125,000 PLUS $30,413 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
226FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K21
A MEDIATED SETTLEMENT AGREEMENT AND MUTUAL
RELEASE AND ADDENDUM TO SETTLEMENT AGREEMENT
AND MUTUAL RELEASE IN THE LAWSUIT CAPTIONED
COLLIER COUNTY V. WEST CONSTRUCTION, INC. AND
PHILADELPHIA INDEMNITY INSURANCE COMPANY, CASE
NUMBER 11-2021-CA-00783, CONCERNING THE COUNTY’S
CLAIM FOR DAMAGES INVOLVING THE DELAY IN
COMPLETING THE CONSTRUCTION OF THE GENERAL
AVIATION TERMINAL FACILITY AT THE MARCO ISLAND
September 14, 2021
Page 217
EXECUTIVE AIRPORT, AND TO AUTHORIZE THE CHAIR TO
SIGN THE MEDIATED SETTLEMENT AGREEMENT
Item #16K22
AUTHORIZE THE COUNTY ATTORNEY TO HELP SELECT
AND RETAIN OUTSIDE COUNSEL TO REPRESENT CODE
ENFORCEMENT DIRECTOR, MICHAEL OSSORIO, CRISTINA
PEREZ, AND JOHN FUENTES, WHO ARE ALL BEING SUED IN
THEIR INDIVIDUAL CAPACITIES IN THE CASE STYLED
FOGGS INVESTMENTS, LLC AND STANLEY R. FOGG, JR. V.
MICHAEL OSSORIO, CRISTINA PEREZ, AND JOHN FUENTES,
CASE NO. 20-CA-2390, TWENTIETH JUDICIAL CIRCUIT,
COLLIER COUNTY AND TO EXEMPT THE SELECTION OF
OUTSIDE COUNSEL FROM THE COMPETITIVE PROCESS AS
PERMITTED UNDER SECTION EIGHT, SUBSECTION SEVEN
OF THE COLLIER COUNTY PURCHASING ORDINANCE NO.
2017-08 AS AMENDED
Item #16K23
RESOLUTION 2021-182: APPOINTING ELIDA OLSEN TO THE
COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE
Item #16K24
A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED
WILLIAM KENNEY V. COLLIER COUNTY BOARD OF
COMMISSIONERS, (CASE NO. 21-CA-1265), NOW PENDING
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
September 14, 2021
Page 218
THE SUM OF $75,000
Item #17A
RESOLUTIONS 2021-183: & RESOLUTION 2021-184:
APPROVING THE PRELIMINARY ASSESSMENT ROLLS AS
THE FINAL ASSESSMENT ROLLS, AND ADOPTING SAME AS
THE NON-AD VALOREM ASSESSMENT ROLLS FOR
PURPOSES OF UTILIZING THE UNIFORM METHOD OF
COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA
STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE
BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE
DISTRICT NO. II, SPECIAL ASSESSMENT LEVIED AGAINST
CERTAIN RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY
OF MARCO ISLAND, AND THE CITY OF EVERGLADES CITY,
PURSUANT TO COLLIER COUNTY ORDINANCE 2005-54, AS
AMENDED. REVENUES ARE ANTICIPATED TO BE
$29,894,400
Item #17B
RESOLUTION 2021-185: AMENDMENTS TO THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN (GMP),
ORDINANCE 89-05, AS AMENDED, TO CREATE THE
PRIVATE PROPERTY RIGHTS ELEMENT AS REQUIRED BY
STATE LAW; AND FURTHERMORE, DIRECTING
TRANSMITTAL OF THE AMENDMENTS TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY.
[PL20210001793]
September 14, 2021
Page 219
Item #17C
RESOLUTION 2021-186: EVALUATION AND APPRAISAL
REVIEW (EAR) AMENDMENTS TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN (GMP), ORDINANCE 89-05,
AS AMENDED, SPECIFICALLY AMENDING THE
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
TO ADDRESS SEA LEVEL RISE, AND UPDATE
NOMENCLATURE, AND FURTHERMORE, DIRECTING
TRANSMITTAL OF THE PROPOSED AMENDMENTS TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
[PL20210001271]
Item #17D
ORDINANCE 2021-29: AMENDING ORDINANCE NO. 2019-01,
THE FLOODPLAIN MANAGEMENT ORDINANCE, TO ALLOW
THE INTERIOR PORTIONS OF ENCLOSED AREAS BELOW
ELEVATED BUILDINGS AND STRUCTURES TO BE
TEMPERATURE-CONTROLLED
Item #17E
RESOLUTION 2021-187: AMENDING SCHEDULES ONE, TWO,
THREE, FOUR, AND FIVE OF APPENDIX A TO SECTION
FOUR OF COLLIER COUNTY ORDINANCE NO. 2001-73, AS
AMENDED, TITLED THE COLLIER COUNTY WATER-SEWER
DISTRICT UNIFORM BILLING, OPERATING, AND
REGULATORY STANDARDS ORDINANCE, AMENDING
PROPOSED RATES FOR WATER, WASTEWATER,
IRRIGATION QUALITY WATER, WHOLESALE POTABLE
September 14, 2021
Page 220
WATER, AND MISCELLANEOUS SERVICE CHARGES WITH
EFFECTIVE DATES OF OCTOBER 1, 2021, OCTOBER 1, 2022,
AND OCTOBER 1, 2023
Item #17F
RESOLUTION 2021-188: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FY20-21 ADOPTED BUDGET
*****
September 14, 2021
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:12 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
;e:14/9 S#114-
PENNY TAYLOR, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
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These minutes approved by the Board on tb-1 a-"a-1 , as
presented ✓ or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C,
COURT REPORTER AND NOTARY PUBLIC.
Page 221