BCC Minutes 10/26/2021 ROctober 26, 2021
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida
October 26, 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
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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October 26, 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
October 26, 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 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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October 26, 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.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Reverend Beverly Duncan, Member of the Naples United
Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. September 23, 2021 BCC Budget Hearing Meeting Minutes
C. September 28, 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 November 5, 2021, as "Try Transit Day" in Collier
County to raise awareness of the use of Collier Area Transit (CAT) to access
various destinations throughout Collier County and that CAT will be
offering free bus rides on November 5th. The proclamation will be delivered
to Michelle Arnold, Director, Public Transit & Neighborhood Enhancement.
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
A. This item requires that ex parte disclosure be provided by Board
members. Should a hearing be held on this item, all participants are
required to be sworn in. Zoning Petition - PL20210001723-Estates
Shopping Center ASW - Recommendation to approve a Resolution of the
Board of Zoning Appeals of Collier County, Florida, granting a waiver from
the minimum required separation of 500 feet between facilities with fuel
pumps pursuant to Section 5.05.05.B of the Land Development Code, for
property located at the northwest corner of Golden Gate Boulevard and
Wilson Boulevard, also known as Tracts 143 and 144, Golden Gate Estates
Unit No. 11 Subdivision, in Section 4, Township 49 South, Range 27 East,
Collier County, Florida. (ASW-PL20210001723) (Companion to Items #9A
and #9B) (District 5)
9. ADVERTISED PUBLIC HEARINGS
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
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required to be sworn in. Zoning Petition - PUDA-PL20190002354-Estates
Shopping Center CPUD – Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance No. 2011-30, as amended, by adding commercial, public, civic
and institutional uses; or, in the alternative to some uses, adding up to 12
residential dwelling units; reducing commercial square footage from
150,000 to 50,000 excluding some uses from the maximum square footage
limitation; adding dormitories as an accessory use on Tract C; removing
outdoor music prohibition; removing single commercial use and building
size limitations; reducing setbacks and landscape buffer widths; removing
phasing and developer commitments; and providing an effective date. The
subject property is 41+ acres and located at the northwest quadrant of
Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49
South, Range 27 East, Collier County, Florida. (PL20190002354)
(Companion to Items #8A and #9B) (District 5)
B. Recommendation to approve 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
Estates Shopping Center Subdistrict of the Estates Commercial-District of
the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master
Plan and Future Land Use Maps to add commercial, public, civic and
institutional uses; or, in the alternative to some uses, development of up to
12 single family residential dwelling units; reduce commercial square
footage from 190,000 to 50,000 excluding some uses from the maximum
square footage limitation; remove outdoor music prohibition; remove single
commercial use and building size limitations; reduce setbacks and landscape
buffer widths; and remove phasing and developer commitments; and
furthermore directing transmittal of the adopted amendment to the Florida
Department of Economic Opportunity. The subject property is 41± acres and
located at the northwest quadrant of Golden Gate Boulevard and Wilson
Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County,
Florida. (Adoption Hearing) [PL20210002353] (Companion to Items #8A
and #9A) (District 5)
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Zoning Petition -
PL20190002356-Randall Curve MPUD - Recommendation to approve an
Ordinance amending Ordinance Number 2004-41, as amended, the Collier
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County Land Development Code, which established the comprehensive
zoning regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Estates (E) Zoning
District to a Mixed-Use Planned Unit Development (MPUD) Zoning District
for the project to be known as Randall Curve MPUD, to allow development
of up to 400 dwelling units and 150,000 square feet of commercial
development, except public uses are not subject to the maximum gross floor
area limitations. The subject property is located on the northeast corner of
Immokalee Road and 4th Street N.E., in Section 22, Township 48 South,
Range 29 East, consisting of 50± acres; and by providing an effective date.
(Companion to Item #9D) (District 5)
D. Recommendation to approve 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
Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master
Plan and the Rural Golden Gate Estates Future Land Use Map and Map
Series to create the Immokalee Road/4th Street N.E. Mixed Use Subdistrict
by changing the designation of the property from the Estates-Mixed Use
District, Residential Estates Subdistrict to the Estates-Mixed Use District,
Immokalee Road/4th Street N.E. Mixed Use Subdistrict, to allow uses
permitted by right and conditional use in the Commercial Intermediate (C-3)
Zoning District and some General Commercial (C-4) uses with a total
maximum intensity of up to 150,000 square feet of gross floor area of
development, and a maximum of 400 residential dwelling units, except
public uses are not subject to the maximum gross floor area limitation; and
furthermore directing transmittal of the adopted amendment to the Florida
Department of Economic Opportunity. The subject property is 50.18± acres
and located on the northeast corner of the intersection of Immokalee Road
and 4th Street N.E. in Section 22, Township 48 North, Range 27 East,
Collier County, Florida. (Adoption Hearing) [PL20210002355] (Companion
to Item #9C) (District 5)
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Invitation to Bid (“ITB”) No. 21-7886,
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“Purchase of 53 Portable 3-Phase Generators,” to LJ Power, Inc., for a total
contract amount of $3,893,506.22 and authorize the Chair to sign the
attached Agreement (Project No. 33667). (Tom Chmelik, Public Utilities
Engineering and Project Management Division Director) (All Districts)
B. This Item to be heard no sooner than 1:00 p.m. Recommendation that the
Board of County Commissioners discuss the management of County-owned
public lands with the Collier Mosquito Control District, as requested.
(Introduced by John Mullins, Communications, Government, and Public
Affairs Division Director). (All Districts)
C. Recommendation to approve the award of Invitation to Negotiation #21-
7898 for “Collier County Sports Complex Management” to Sports Facilities
Management LLC and authorize the Chairman to execute the attached
agreement (Sean Callahan, Deputy County Manager). (District 5)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve an Amendment to the Cross Easement
Agreement between Strohl Family, LLC, Collier County, and District
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School Board of Collier County for access and drainage purposes.
(Companion to Item #17C) (District 3)
2) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Artesia Naples, Application Number AR-4794/PL20110001784,
acceptance of County maintenance responsibility for Tract “N” of
Artesia Naples, and authorize the release of the maintenance security.
(District 1)
3) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Manatee Cove - Phase 1A, PL20200001352 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 1)
4) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Ranch
at Orange Blossom Phase 3A, PL20200000555 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) 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 Oyster Harbor at
Fiddler’s Creek Phase 3B, Application Number PL20210001132.
(District 1)
6) 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 Valencia Golf and Country
Club – Phase 2B, (Application Number PL20210000784) approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security. (District 5)
7) Recommendation to authorize a budget amendment to recognize carry
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forward for projects within the Transportation Supported Gas Tax
Fund (313) and Transportation & CDES Capital Fund (310) in the
amount of $469,217.98 (Projects Nos. 60066, 60085, 60088, 69331,
69333, 69336, 69339, and 69338). (All Districts)
8) Recommendation to authorize a budget amendment in the amount of
$1,333,776 to transfer funds within the Stormwater Bond Fund (327)
from Reserves to the West Goodlette-Frank Joint Stormwater-Sewer
Project – Phase 2 (Project No. 60142). (District 4)
9) Recommendation to approve Change Order No. 1 to Contract Number
20-7710, “Plantation Island Waterways Pre-Design Study” with
Atkins North America Inc. (Project Number 60238), to extend the
length of the contract by 95 days. (District 5)
10) Recommendation to award Request for Professional Services (“RPS”)
No. 21-7857, “Design-Build of Golden Gate Parkway over Santa
Barbara Canal Bridge Replacement,” to Thomas Marine Construction,
Inc., in the amount of $3,527,500 and authorize the Chair to sign the
attached Agreement (Project Number 66066). (District 3)
11) Recommendation to approve the release of a code enforcement lien,
with an accrued value of $51,818.63, for payment of $2,118.63 in the
code enforcement action titled Board of County Commissioners v.
Sylvie E. Nutten, relating to property located at 496 Willet Ave,
Collier County, Florida. (District 2)
12) Recommendation to approve the after-the-fact submittal of an FY22
Federal Transit Administration Section 5311 American Rescue Plan
Grant Application in the amount of $1,105,900 to support transit
operations and approve the associated Resolution. (All Districts)
13) Recommendation to approve the Comprehensive Operational Analysis
(COA) for Collier Area Transit. (All Districts)
14) Recommendation to approve Third Amendment to Contract No.
18-7382 for Collier Area Transit (CAT) Fixed Route, Demand
Response, and Transit Operations Management Services with MV
Contract Transportation, Inc., to allow for a rate increase to address
staffing shortages. (All Districts)
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15) Recommendation to approve the submittal of the FY21 Program of
Projects grant application to the Federal Transit Administration 49
U.S.C. 5307/5339 FY21 for grant funds to support the transit system
capital and operating costs in the amount of $3,387,188 through the
Transit Award Management System and accept the award and
authorize any necessary Budget Amendments. (All Districts)
16) Recommendation to direct the County Attorney to advertise an
Ordinance for Collier County Short-Term Vacation Rental
Registration Requirements, establishing short-term rental registration
requirements for owners of short-term vacation rentals in
unincorporated Collier County. (All Districts)
17) Recommendation to authorize the County Manager or his designee to
work with the Collier County Tax Collector and pay amounts required
to redeem Tax Certificates issued on property acquired as necessary
for the Vanderbilt Beach Road Extension Project No. 60168 for an
amount not to exceed $10,000. (All Districts)
18) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 21-7914, “Verification
Testing Services for Vanderbilt Beach Road Extension,” and
authorize staff to begin contract negotiations with the top-ranked firm,
Johnson Engineering, Inc., so that staff can bring a proposed
agreement back for the Board’s consideration at a future meeting.
(Project No. 60168) (All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve an Agreement for Sale and Purchase with
Gail Varney, for 1.14 acres under the Conservation Collier Land
Acquisition Program at a cost not to exceed $14,800. (District 5)
2) Recommendation to approve an Agreement for Sale and Purchase
with Geri L. Steckel, Trustee of the Geraldine U. McLaughlin Trust,
for 4.61 acres under the Conservation Collier Land Acquisition
Program at a cost not to exceed $58,500. (District 5)
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3) Recommendation to approve an Agreement for Sale and Purchase
with Carrie L. Setser, Larry V. Setser, and Ruby L. Setser, for 5.0
acres under the Conservation Collier Land Acquisition Program at a
cost not to exceed $63,400. (District 5)
4) Recommendation to approve a purchase order to U.S. Water Services
Corporation, in the amount of $561,270.71 under Request for
Quotation #19-7622-121.02, “Wastewater Pump Station 121.02
Repair and Renovations” (Project Number 70240). (District 2)
5) Recommendation to approve an Easement to Lee County Electric
Cooperative, Inc (LCEC). for installation of electric facilities to
service the Caxambas Park Community Center on County-owned
property located on Marco Island. (District 1)
6) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 21-7911, “Design
Services for Collier County Mental Health Facility" and to authorize
staff to begin contract negotiations with the top ranked firm RG
Architects P.A, so that a proposed agreement can be brought back for
the Board’s consideration at a future meeting. (District 3)
7) Recommendation to award Invitation to Bid (“ITB”) No. 21-7912,
“NCRWTP Chemical Bulk Tank Replacement,” to R2T, Inc., in the
amount of $519,556, and authorize the Chair to sign the attached
Construction Services Agreement (Project 71066). (All Districts)
8) Recommendation to authorize a budget amendment in the amount of
$1,277,800 utilizing Infrastructure Surtax to fund the design and
construction of Emergency Medical Services (EMS) Station 412
North Naples. (Project 55213) (District 2)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve an after-the-fact amendment and an
attestation statement with Area Agency on Recommendation to approve
an “After-the-Fact” amendment and an attestation statement with the
Area Agency on Aging for Southwest Florida, Inc., for the CARES
Emergency Home Energy Assistance Program for the Elderly grant
program for Services for Seniors to decrease the allocation and the
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supporting Budget Amendment. (All Districts)
2) Recommendation to approve and authorize the Chairperson to sign the
Second Amendment between Collier County and NAMI Collier
County, Inc., for the administration of Emergency Solutions Grant
CARES Act Funding program. (All Districts)
3) 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)
4) Recommendation to approve one (1) Release of Liens for full
payment of $8,712.70 ($6,970.16 plus interest), pursuant to
Agreement for Deferral of 100% of Collier County Impact Fees for
Owner-occupied Affordable Housing Dwellings. (All Districts)
5) Recommendation to approve and authorize the chairperson to sign nine
(9) mortgage satisfactions for the State Housing Initiatives Partnership
loan program in the amount of $63,320 and the associated Budget
Amendments. (All Districts)
6) Recommendation to approve and authorize the Chairperson to sign
two (2) State Housing Initiative Partnership Sponsor Agreements for
new construction assistance with FL Star Construction, LLC and
Habitat for Humanity of Collier County, Inc., and following
construction and upon sale to an eligible homebuyer also approve the
Chairperson to release the Sponsor’s promissory note and mortgage.
(All Districts)
7) Recommendation to authorize a Budget Amendment in the amount of
$195,003 reallocating existing project funding and reserves for the
Ann Olesky Park Shoreline project and make the finding that the
expenditures promote tourism. (District 5)
8) Recommendation to authorize the Chairperson to sign the second
grant agreement amendment between Collier County and the Florida
Department of State Division of Historical Resource for structural
stabilization and rehabilitation of the historic Roberts Ranch home at
the Immokalee Pioneer Museum at Roberts Ranch. (District 5)
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9) Recommendation to approve and authorize the Chairperson to sign the
second modification to the Florida Department of Emergency
Management Hazard Mitigation Grant #H0371 agreement, to accept
$25,949.57 in additional funding. (District 5)
10) Recommendation to extend Agreement No. 14-6274, “Parks and
Recreation Activity Management Software Solution” with Active
Network LLC for a period of six (6) months or until a new contract is
awarded. (All Districts)
11) Recommendation to repeal and replace Resolution No. 87-200 to
update and modernize the Collections Management Policy for the
Museum Division. (All Districts)
12) Recommendation to accept a grant donation from an American
Endowment Foundation Donor Advised Fund in the amount of $250
for the Collier County Public Library Mail-a-Book Program and
authorize the necessary Budget Amendment. (All Districts)
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)
2) Recommendation to reject a late proposal submittal by Club
Corp/BigShots for Request for Proposal Solicitation #21-7924,
“Construction Manager at Risk for the Golden Gate Golf Course.”
(District 3)
F. COUNTY MANAGER OPERATIONS
1) This item continued from the September 28, 2021 and October 12,
2021 BCC Meeting Agendas. Recommendation to approve and
authorize the Chairman to sign the Extension and Amendment of the
Agreement with The Partnership for Collier’s Future Economy, Inc.
(“Partnership”) in continued support of the established public-private
partnership designed to advance the County’s economic development
efforts. (All Districts)
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2) Recommendation to approve and authorize the Chairman to sign a
oneyear extension to the Memorandum of Understanding between the
Collier County Board of County Commissioners and the Early
Learning Coalition of Southwest Florida Inc., to provide local match
funding in the amount of $75,000 in Fiscal Year 2022. (All Districts)
3) Recommendation to authorize FY 2021 budget amendments to
transfer funds, in the amount of $65,000, within Tourist Development
Funds (183), (195) and (758) to fund transfers to the Tax Collector for
administrative fees related to the collection of tourist development tax
revenues. (All Districts)
4) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively. (All Districts)
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY21-22 Adopted Budget. (All Districts)
6) Recommendation to approve a Third Amendment to the Long-Term
Lease and Operating Agreement for the Golf and Entertainment
Complex (the “Lease”) with CC BSG Naples, LLC (“BigShots”) to
Extend the Financing Contingency Period. (District 3)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to authorize a budget amendment totaling $177,700
from General Fund (001) reserves to the Clerk of the Circuit Court
and Comptroller’s Fund (011) to cover Purchase Orders for furniture,
electrical and network services that were delayed to the 2022 fiscal
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year due to supply issues. (All Districts)
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and purpose
for which the referenced disbursements were drawn for the periods
between September 30, 2021 and October 13, 2021 pursuant to Florida
Statute 136.06. (All Districts)
3) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of October
20, 2021. (All Districts)
4) Recommendation to award Request for Proposal (“RFP”) No. 21-
7909, “Arbitrage Rebate,” to BLX Group LLC., with an estimated
annual fiscal impact of $25,000.00, and authorize the Chair to sign the
attached agreement. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint two members to the Bayshore/Gateway
Triangle Local Redevelopment Advisory Board. (District 4)
2) Recommendation to reappoint a member to the Vanderbilt Beach
Beautification MSTU Advisory Committee. (District 2)
3) Recommendation to reappoint a member to the Contractors Licensing
Board. (All Districts)
4) Recommendation to appoint three members to the Black Affairs
Advisory Board. (All Districts)
5) Recommendation to approve a Stipulated Final Judgment in the
amount of $60,000 plus $20,087.01 in statutory attorney fees
including apportionment fees and experts’ fees and costs for the
taking of Parcel 1270RDUE required for the Vanderbilt Beach Road
Extension Project No. 60168. (All Districts)
6) Recommendation to approve and authorize payment of statutory
attorney’s fees and costs pursuant to Section 73.092, Fla. Stat.
incurred by the property owner in defending Collier County’s
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Eminent Domain action in the total amount of $9,686.80 for the
proposed taking of Parcel 1130FEE for the Vanderbilt Beach Road
Extension, Project No. 60168. (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. This item has been continued from the October 12, 2021 BCC Meeting
Agenda. Recommendation to adopt 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)
B. This item has been continued from the September 28, 2021 and October
12, 2021 BCC Meeting Agendas. A Resolution of the Board of County
Commissioners proposing amendments to the Collier County Growth
Management Plan, Ordinance 89-05, as amended, relating to the Rural
Fringe Mixed Use District Restudy and specifically amending the Urban
Mixed Use District, Urban Residential Fringe Subdistrict and the Rural
Fringe Mixed Use District of the Future Land Use Element to require
Transfer of Development Rights for Comprehensive Plan amendments for
increased residential density; amending the Urban Mixed Use District,
Urban Residential Fringe Subdistrict to remove the density bonus cap on
residential in-fill and remove the requirement to use Transfer of
Development Rights within one mile of the Urban boundary; and amending
the Rural Fringe Mixed Use District of the Future Land Use Element to
change development standards and requirements, to increase density on
Receiving Lands located along Immokalee Road, increase density on
Receiving Lands for affordable housing, add Transfer of Development
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October 26, 2021
Rights Credits, add uses in Receiving areas, and add a conditional use for
recreation in Sending Lands, and to amend development standards for Rural
Villages; and create the Belle Meade Hydrologic Enhancement Overlay; and
furthermore directing transmittal of the amendments to the Florida
Department of Economic Opportunity. [PL20200002234] (District 1,
District 3, District 5)
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. Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance No. 89-62, as amended, The Shoppes at Santa Barbara Planned
Unit Development by adding dwelling units as a permitted use; by amending
Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida, by amending the
appropriate zoning atlas map or maps by changing the zoning classification of
the herein described real property from a Commercial Planned Unit
Development (CPUD) Zoning District to a Mixed-Use Planned Unit
Development (MPUD) Zoning District for the project to be known as The
Shoppes at Santa Barbara MPUD, by allowing up to, with a mix to be
determined by maximum allowable traffic generation, 150,000 square feet of
commercial uses and 242 dwelling units in addition to the previously approved
commercial uses; by adding deviations, by revising development standards and
amending the master plan. The property is located at the northeast quadrant of
Santa Barbara and Davis Boulevards, in Section 4, Township 50 South, Range
26 East, consisting of 18.1± acres; and by providing an effective date.
[PL20200002233] (Companion to Item #16A1) (District 3)
D. 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. Zoning Petition - PL20190002850, Creekside
PUDA - Recommendation to approve an Ordinance amending Ordinance
Number 2006-50, the Creekside Commerce Park Commercial Planned Unit
Development (CPUD), as amended, by adding up to 300 multi-family rental
dwelling units as a permitted use in the business district; adding residential
development standards including a maximum height of 100 feet; and by
amending the master plan and by providing an effective date. The subject
multi-family property is in the southeast quadrant of the intersection of
Immokalee Road and Goodlette Frank Road, consisting of 28.85± acres and
Page 17
October 26, 2021
the CPUD is located south of Immokalee Road and both east and west of
Goodlette Frank Road in Section 27, Township 48 South, Range 25 East,
Collier County, Florida. (Companion to Item #17E) (District 2)
E. Recommendation to approve an Ordinance amending Ordinance No. 89-05,
as amended, the Collier County Growth Management Plan for the
unincorporated area of Collier County, Florida, specifically amending the
Future Land Use Element and Future Land Use Map and Map Series to
create the Creekside Commerce Park East Mixed-Use Subdistrict by
changing the designation of property from UrbanMixed Use District, Urban
Residential Subdistrict to Urban-Mixed Use District, Creekside Commerce
Park East Mixed-Use Subdistrict to allow 300 multi-family rental dwelling
units in addition to non-residential uses. The subject property is located in
the southeast quadrant of the intersection of Immokalee Road and Goodlette
Frank Road in Section 27, Township 48 South, Range 25 East, consisting of
9.9± 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. (Companion to Item #17D)
(District 2)
F. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20210000472, to disclaim, renounce and vacate the County and the public
interest in a portion of the Drainage Easements, Public Utility Easements,
Access Easements and Ave Maria Utility Easements located in Tract “U” of
Ave Maria Unit 17, as recorded in Plat Book 49, Page 17 of the public
records of Collier County, Florida, in Section 5, Township 48 South, Range
29 East, Collier County, Florida. (District 5)
G. Recommendation to adopt an ordinance to amend Ordinance 2018-04, as
amended to expand the Haldeman Creek Maintenance Dredging Municipal
Service Taxing Unit (MSTU) boundaries of the unit to include two parcels
within the Courthouse Shadow Planned Unit Development. (District 4)
H. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Ordinance Number
2004-41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated
Page 18
October 26, 2021
area of Collier County, Florida, by amending the appropriate zoning atlas
map or maps by changing the zoning classification of the herein described
real property from a Rural Agricultural (A) Zoning District within the
Immokalee Area Overlay and the Wellfield Risk Management Special
Treatment Overlay Zones W-1 through W-4 to a Mixed-Use Planned Unit
Development (MPUD) Zoning District within the Immokalee Area Overlay
and the Wellfield Risk Management Special Treatment Overlay Zones W-1
through W-4 for the project to be known as RCMA Immokalee MPUD, to
allow construction of a 250 student childcare center (pre-school), 700
student school, community center and a maximum of 160 multi-family
residential dwelling units on property located at the northwest quadrant of
Lake Trafford Road and Carson Road, in Section 31, Township 46 South,
Range 29 East, consisting of 62.22± acres; and by providing an effective
date. [PL20200001827] (District 5)
I. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 12-05, the Community School of Naples
Community Facility Planned Unit Development (CFPUD) to add acreage
and relocate parking; by amending Ordinance Number 2004-41, the Collier
County Land Development Code, by amending the appropriate zoning atlas
map or maps by changing the zoning classification of an additional 3.95±
acres of land zoned Residential Single Family-3 (RSF-3) to the Community
School of Naples CFPUD; by revising the development standards; by
amending the master plan and revising developer commitments. The
property is located on the west side of Livingston Road and north of Pine
Ridge Road in Section 12, Township 49 South, Range 25 East, Collier
County, Florida consisting of 77± acres; and by providing an effective date.
[PL20210000731] (District 2)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
October 26, 2021
Page 2
MR. CALLAHAN: Commissioners, you have a live mic.
CHAIRMAN TAYLOR: Good morning. Good morning,
Board, County Manager -- Deputy County Manager, County
Attorney, and our hardworking Terri, who is our court reporter.
We have Reverend Beverly Duncan to give us our invocation,
and I would like Commissioner LoCastro to lead us in the Pledge.
REVEREND DUNCAN: Good morning.
CHAIRMAN TAYLOR: Good morning.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE –
INVOCATION GIVEN
REVEREND DUNCAN: Holy one, today is a day that you
have made, and we are gifted by it. Help us to use it wisely and
well, and may we be accused of committing at least one act of
kindness as we go about our day.
We remember this morning our schools and our children. We
hope and pray for their safety and their future. We remember this
morning all the citizens of Collier County at work, at play, who are
caregivers, who are care receivers. Each life matters. We
remember that season is beginning. We pray for patience and
strength, but we also give thanks for what season contributes to our
lives and livelihoods here in paradise.
Watch over each one here, that they might remember who they
are and whose they are. May our commissioners look around and
beyond themselves in all the good but not easy things that they do
and decide for Collier County.
So in gratefulness for them and for life itself, with all its
challenges and risks and joys, we pray this day. Amen, shalom, and
October 26, 2021
Page 3
salaam.
(The Pledge of Allegiance was recited in unison.)
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: Madam Chair, that brings us to approval of
today's regular, consent, and summary agenda as amended. A
reminder that ex parte disclosures provided by commission members
here for the consent agenda.
Proposed agenda changes today, the first change proposed is to
continue Item 16F indefinitely. This is a recommendation to
approve and authorize the Chairman to sign an extension and
amendment of the agreement with the Partnership for Collier's Future
Economy and continued support of the established public-private
partnership design to advance the county's economic development
efforts. That's at staff's request.
The second is to continue Item 17A to the November 9th, 2021,
BCC meeting. That's a recommendation to adopt an ordinance
creating the Collier County Public Art Committee to advise the Board
on all matters relating to public art within the entire unincorporated
area of the county, including the Bayshore/Gateway Triangle
Community Redevelopment Area. That's at Commissioner Taylor's
request.
The third proposed change is to continue Item 17B to the
December 14th, 2021, BCC meeting. That's a resolution of the
October 26, 2021
Page 4
Board of County Commissioners proposing amendments to the
Collier County Growth Management Plan Ordinance 89-05 as
amended relating to the Rural Fringe Mixed-Use District restudy and
specifically amending the Urban Mixed-Use District, Urban
Residential Fringe Subdistrict, and the Rural Fringe Mixed-Use
District of the Future Land Use Element. That is being requested to
be continued to the December 14th meeting for readvertising
purposes.
And the final proposed change is to continue Item 11C to the
November 9th, 2021, BCC meeting. That's a recommendation to
approve the award of Invitation to Negotiate No. 21-7898 for Collier
County Sports Complex Management to Sports Facilities
Management, LLC, and authorize the Chairman to execute the
attached agreement.
One note, that if staff does -- staff requests Board direction for
extending the current agreement with the sports complex vendor,
should Item C be continued to the 11/9 meeting, that would require
the agreement of the current vendor, but I think that will give us a
longer transitionary period for anyone who is awarded the contract,
ultimately.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Madam Chair, are we going
to have the presentations today, even though the item's continued?
CHAIRMAN TAYLOR: I think that's a great idea.
COMMISSIONER SAUNDERS: If the vendors are here.
CHAIRMAN TAYLOR: That's a wonderful idea.
COMMISSIONER SAUNDERS: Let's do that, then. Just for
travel purposes, have the presentations today and discussion and
everything subsequent.
And then also I wanted to -- on that particular, I wanted to ask
Scott Teach, who may be, Scott, in terms of the contract -- I know
October 26, 2021
Page 5
there's been some questions raised by the Clerk. She and I had some
conversations about it, and there were some inconsistencies in the
document. I want to make sure you have the resources to do what
you need to do to make sure we've got the right contract. Will you
have that available to you, and will this give you enough time to do
that?
MR. TEACH: It will, Commissioner. And Crystal and I had a
conversation yesterday as well. I do concur with your
recommendation. It was a recommendation I made earlier that the
proposals should be brought first and then negotiate with one vendor
rather than with all three and bring three contracts. Negotiations,
actually, on this item continued almost until the very close of the
agenda, which made it difficult to scrub 45 pages of contracts.
Although Crystal and I recognized a couple, you know,
relatively -- inconsistencies that can be corrected, my concern was,
too, was making sure that the Clerk, who funnels all our assets and
funds, that she has an opportunity to review it because, obviously, we
want a situation where a vendor doesn't have issues regarding
compensation, timely payment, and the like.
And what this agreement tried to do was tried to relate back to
the current vendor agreement where, for the most part, we haven't
had issues regarding payment concerns. But when you're dealing
with three different vendors who have different contract interests,
sometimes there's an incongruence of mating those two. And in this
situation, there was a -- given the late rush to the finish line, there
was some difficulty with, really, making that work.
COMMISSIONER SAUNDERS: So then -- and this is a
question for the Chair. Then, this morning, or today, we'll hear the
presentations, rank a firm as No. 1, and then continue the final
contract until November. Is that the plan?
CHAIRMAN TAYLOR: No. I think it's to get a little bit
October 26, 2021
Page 6
more information that I'm prepared to discuss.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN TAYLOR: Just almost, but to interview
everyone, to ask our questions, and then to get a little bit more
information, and make our decision on November the 9th.
MR. TEACH: Just for the Board's informational background,
the contract with the current vendor runs until November 22nd. So
if you make your decision on November 9th as to the current vendor,
we'll be negotiating a contract, you would have to extend with the
current vendor at least through December if they're willing to do so
so that we could bring a final contract to you in December.
COMMISSIONER SAUNDERS: So we would not have a final
contract presented in November. I was thinking we could hear the
presentations, rank a number-one firm for negotiations, and then have
the contract brought back to us.
MR. TEACH: If you did that, that can be accomplished.
COMMISSIONER SAUNDERS: Would that work for you?
CHAIRMAN TAYLOR: No, because I think we're lacking
some information so -- and perhaps because they're coming before us,
maybe after I -- I don't want to go into it now, but I'm happy to
discuss it at the meeting. I would much rather just hear them, ask
our questions, and then the beginning of January, we have a new
manager for the sports park.
COMMISSIONER SAUNDERS: Why don't we do this, then.
Let's leave the option open. We'll hear the presentations. We'll
have the option left open to select a firm today, if you get your
information you need but, otherwise, we'll continue the whole thing.
I'd like to be able to at least do the ranking, if we can, once we
hear the presentations, if that would be acceptable. I understand you
need more information, but that will help us with the timeline. But if
we can't make that decision then, obviously, we'll continue
October 26, 2021
Page 7
everything. But at least in terms of the public information and
disclosure, we still leave the option open to pick a number-one firm
when we hear it this afternoon.
CHAIRMAN TAYLOR: And I hope after you hear my
explanation, what information, I hope you would agree with me, but I
would definitely agree with you leaving it to the open -- to an option
to that meeting -- to later in the afternoon.
And, Commissioner McDaniel.
COMMISSIONER McDANIEL: And I just want to -- and I
concur. I like the idea of going either way with regard to the final
decision today or not. I mean, I certainly want to hear the
presenters. They've traveled to be here. I want to -- I would prefer,
if we don't make a decision on the ranking today, that we have the
contract done, negotiated, terms and conditions worked out, and then
we actually vote on November the 9th so that -- that may alleviate us
having to extend the agreement with the current vendor. Because I
went back and looked. The termination, I think, expires on the 19th
or something.
MR. CALLAHAN: The 22nd.
COMMISSIONER McDANIEL: And the new agreement that
was in our package starts on the 22nd. So we may be able to
alleviate having to do that extension if we can work through the
particulars on the contract.
MR. TEACH: Again, I can assure you this, that whichever
decision you make, whether to rank or not to rank, we will work to
make arrangements with the Clerk's Office to make sure that a
contract is compatible with what their processing demands are as
well.
COMMISSIONER SAUNDERS: The problem that Mr. Teach
will have if we don't pick a firm today is he'll be negotiating with
three vendors, three different contracts --
October 26, 2021
Page 8
COMMISSIONER McDANIEL: Agreed.
COMMISSIONER SAUNDERS: That is a little bit
problematic. That's the only thing I'm trying to avoid is that
confusion that he'll have if we don't pick a firm today.
MR. TEACH: And, generally, Commissioner, just so you
know, it's a layered approach. I'm working through staff. They're
working through the vendor. I'm not in direct communication.
Their outside counsels and me are working through staff collectively.
So it makes it a little bit filtered.
CHAIRMAN TAYLOR: And does the Board agree when this
comes back to us this afternoon, we can discuss the flesh of the
contract? Because I have some concerns. I've read several
contracts, and I do have concerns.
COMMISSIONER McDANIEL: Sure.
CHAIRMAN TAYLOR: So I don't think we should do it now.
We've got public wanting to speak, and thank you very much,
Mr. Teach.
Commissioner Solis.
Mr. Teach, don't go too far.
COMMISSIONER SOLIS: Yes. So I guess I'm confused. If
we're continuing this item -- so we're not continuing this item?
CHAIRMAN TAYLOR: We're going to -- we're going to be
flexible and discuss it this afternoon. We're definitely going to hear
from the applicants because some of them have traveled --
COMMISSIONER SOLIS: Right.
CHAIRMAN TAYLOR: -- here, and then we can decide based
on my concerns about lack of information whether we want to rank
today or we rank on the 9th.
COMMISSIONER McDANIEL: You're technically correct.
We're not continuing it today.
COMMISSIONER SOLIS: Okay. Because we were
October 26, 2021
Page 9
talking -- it's on the change sheet as a continuation, but then we're
talking about hearing it and discussing the contract. So I just wanted
to be clear. So we are going to -- we're going to hear from -- and I
think it's a great idea to hear from the applicants, the top three, and
then you'll let us know what your concerns are at that time?
CHAIRMAN TAYLOR: Yes, I will, rather than now, yes.
COMMISSIONER SOLIS: Okay.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So we do have all three
contractors here? So here's all I would say; let me simplify this a
little bit. You're competing for a very big contract. You should be
pretty close and ready to have a contract ready to present to us. I
mean, I certainly wouldn't be supportive of continuing to, you
know -- and I don't want to say kick the can, but extension and this
and that.
We have a sports complex that's sitting there that needs an
aggressive contractor to come in quickly. Don't want to artificially
accelerate anything, but I also don't want to kick the can too much
through season where a new contractor, or the same one, if they got
it, could be doing amazing things there, and we're trying to figure out
how to do happy to glad.
I would expect three contractors to be sitting in the audience
right now with a 99 percent finality of the contract and the flexibility
to make changes based on what we are going to talk about here.
So I have, you know, a complete concurrence with
Commissioner Taylor that there's going to be things that we're going
to bring up that are going to be changes, but I would expect you
would burn the midnight oil if you really want the contract. So that's
what I'm looking to hear, that you're ready to roll, ready to make
changes based on our input, and not that we need three months to
figure out, you know, a contract to -- to, you know, redirect our
October 26, 2021
Page 10
sports center in a particular way. So come to the podium, at least for
my interest, aggressive and ready to talk about how you're ready to
roll.
And then I would say to the county staff, you know, we don't
want them waiting on us, so we want to have a sense of urgency here.
This is a, you know, $150 million taxpayer project that, you know,
for all intents and purposes, we're trying to accelerate with one of
these three companies or maybe somebody else. So, you know, time
is of the essence, but we don't want to artificially, you know, speed
and not cover all the bases. But, I mean, I would expect you
companies have done this before or you wouldn't be in the top three.
So appreciate your expedience.
MR. CALLAHAN: Madam Chair, just for clarity purposes
around the agenda, I think it would be appropriate just to clarify for
the record that we're going to hear the item, and at the end of it, if the
Board's not comfortable with ranking, we'll continue the item to the
November 9th meeting agenda.
CHAIRMAN TAYLOR: That's perfect. That's perfect.
MR. CALLAHAN: Thank you. Those are all the changes
staff had.
CHAIRMAN TAYLOR: All right. So let's start with
Commissioner McDaniel.
COMMISSIONER McDANIEL: Okay. I have no changes to
the agenda. I have one disclosure on 17H; multiple meetings,
correspondence, e-mails. It's regarding the RCMA MPUD over in
Immokalee.
CHAIRMAN TAYLOR: And do you approve the minutes?
Any changes to the minutes?
COMMISSIONER McDANIEL: Are we doing the minutes,
too?
CHAIRMAN TAYLOR: Well, we'll just combine them. Any
October 26, 2021
Page 11
changes to the minutes?
COMMISSIONER McDANIEL: I don't have
any -- and -- well --
CHAIRMAN TAYLOR: Not yet.
COMMISSIONER McDANIEL: We're not doing the --
CHAIRMAN TAYLOR: We're not going to vote on it. I just
wanted to know if there's any changes.
COMMISSIONER McDANIEL: No changes to the previous
minutes, ma'am.
CHAIRMAN TAYLOR: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: I have no changes to the
agenda or minutes, and on 17C and 17D, for disclosure, I did receive
some e-mails. No other disclosures on the consent agenda.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: No changes, and I approved
the minutes. We're doing consent and summary as far as our
disclosure?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER LoCASTRO: So on 16A5, I had meetings.
17C meetings, meetings. No disclosures on any of the other items.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: No changes to the agenda. On
the -- nothing on the consent agenda. On the summary agenda, I
received some letters in support and one letter in opposition to 17D,
and then on 17H, I received an e-mail regarding that item. And
that's all I have.
CHAIRMAN TAYLOR: Thank you very much.
COMMISSIONER SOLIS: But I would point out what a
wonderful invocation we had this morning; that we be accused of
committing one act of kindness today.
COMMISSIONER McDANIEL: We'll all be marking our
October 26, 2021
Page 12
tablets.
COMMISSIONER LoCASTRO: See if that happens.
CHAIRMAN TAYLOR: So I'll ask you to hold that in your
thoughts as we go through today.
COMMISSIONER SOLIS: Okay.
CHAIRMAN TAYLOR: And I, too, have no changes to the
agenda, no changes to the minutes, and any disclosures I have are
with the advertised public hearings. So no disclosures for any of the
items.
So do we have -- do I have a motion --
MR. MILLER: Madam Chair.
CHAIRMAN TAYLOR: Yes.
MR. MILLER: I have registered public comment for 16A, the
Growth Management section of the consent agenda.
CHAIRMAN TAYLOR: Thank you very much.
MR. MILLER: BT has been ceded additional time from
Richard Schroeder. Mr. Schroeder, could you indicate you're here.
MR. SCHROEDER: I'm here.
MR. MILLER: Thank you.
And Chris Hall?
(Raised hand.)
MR. MILLER: BT, if you'll come up, you have nine minutes
for your comment.
COMMISSIONER McDANIEL: On which item?
MR. MILLER: It's just listed as the Growth Management
section of the consent agenda, 16A.
BT: Commissioners, we do not consent to misapplication of
the commercial law for the use of language tricks to defraud us of our
real life and personal property, real property, the pursuit of happiness,
and the right to liberty.
We do advocate that the government obey the constitutional law
October 26, 2021
Page 13
and exercise its fiduciary responsibility to protect the people from all
enemies, both foreign and domestic. We do not condone illegal acts
of bullying public comment which occurred recently by certain
commissioners but instead encourage peaceful and proper interaction
between municipal government, quasi in rem, corporations of
government, and we the people.
We the people are the creator and masters over you, our elected
government servants, and we must hold you accountable.
When you utilize the United Nations' agenda against the people
of Collier County, you're violating our trust. Since 1992, previous
commissioners to present have volunteered our county to be part of
Agenda 21 and 30 utilizing comprehensive planning.
Since 1992, when it was first introduced under Ordinance 92-73,
there has been over 700-plus references in the past years of
comprehensive planning, which is a term utilized to deceive the
people of our sovereignty and our unalienable rights given us by God.
Agenda 21. This was reported on the UN's Habitat 1
Conference of 1976. Land cannot be treated as an ordinary asset
controlled by individuals and subject to pressures of inefficiency of
the market. Private landownership is also a principal instrument of
accumulation and concentration of wealth; therefore, it contributes to
social injustice.
In 1998, at the UN, in the case of the US, our local authorities
are engaged in planning processes consistent with local Agenda 21,
but there's little interest in using the local Agenda 21 brand.
Participating in the UN advocate planning process would very likely
be a conspiracy fixed group, and individuals in our society, as the
National Rifles Association, citizen militias and some members of
Congress, this segment of our society who fear the one world
government, corporation government, and the UN invasion of the
United States through which our individual freedom would be
October 26, 2021
Page 14
stripped away, would avidly work to defeat any elected official who
has joined the conspiracy of undertaking Agenda 21, and that's the
local Agenda 21 that you all are promoting.
We call our process something else, such as comprehensive
planning, growth management, and smart growth. Those terms are
what you folks are utilizing to push Agenda 21 on the unknown
people of our community. The question that we must ask, what are
you County Commissioners doing? Are you doing business
transactions in the open, possibly behind closed doors with
developmental companies? Are you indirectly or directly being paid
by development companies? Is it even a possibility?
Only time will tell through the State's Attorney General's Office
of Investigations, which we the people should demand on what has
taken place here in Collier County, including the United Nation's
agenda's depopulation during this depopulation plan-demic of a
Chinese bio-weapon known as COVID-19, which has affected every
part of our local community and state.
In addition, our local Medical Examiner, through the state
Medical Examiners Commission, is no longer required to place the
cause of death on the official state death certificate as of August 14th,
2020. Do the citizens of our community know this? It should be a
public record. However, the Commission made it so the cause of
death would not be public for 50 years. What are they hiding?
If you're a direct family member, you may request the death
certificate and the cause of death utilizing Form 1958 on the state
website.
The next question is why fraud is being initiated on the state
recordkeeping system. Since COVID-19 cannot be isolated unless
you utilize the patent of the bio-weapon itself -- and there are
approximately 2,652 patents on the COVID bio-weapon -- to each
person who requests the cause of death, please notify us so we may
October 26, 2021
Page 15
initiate a class-action suit and add criminal fraud charges against the
individuals who are violating statutory provisions of records of fraud
within this state.
Who is liable? The hospitals, the doctors, the Medical
Examiner, as well as the corporate state and this corporate county
who has been initiating the push for the jab.
It's all fraudulent, and you should be expressing yourself in a
whole different manner to the families of the deceased instead of
continuing committing fraud through the death certificate.
In closing, you, the County Commissioners, are either here to
protect our community from treasonous acts, either foreign or
domestic, or we the people must vote you all out.
Remember God and country as you move forward. We the
people are paying close attention to your actions during this time of
corruption throughout our state and our government, and we desire
change.
If you need our information and want to be part of this, we're
going after the county and the state for fraudulent activity, our e-mail
address is freedom@nasoc.info.
Thank you for your time.
And in closing, I'd like to hand you folks some evidence here,
authority of damages on a federal level that all you possibly could be
considered. Would you hand them to them, please.
MR. CALLAHAN: Yes, sir.
BT: Thank you, again.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: That was our only speaker under the consent
agenda, ma'am.
CHAIRMAN TAYLOR: So we have a -- and that's it. Okay.
So we have a motion on the floor and a second?
COMMISSIONER McDANIEL: What was the --
October 26, 2021
Page 16
CHAIRMAN TAYLOR: To approve the -- okay.
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.
COMMISSIONER McDANIEL: Can I make --
CHAIRMAN TAYLOR: It carries unanimously.
COMMISSIONER McDANIEL: Can I make a comment?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: You know, I certainly
appreciate BT's comments with regard to that, but it was my
understanding, from a process standpoint and procedure standpoint,
that an item not on today's agenda was going to -- was a proper
format for him to be under, not on a blanket consent agenda
circumstance.
MR. MILLER: He submitted it under 16A, sir. I don't usually
question people about where they -- I can do that.
COMMISSIONER McDANIEL: 16A is a line item on our
agenda. And I'm not throwing any rocks. I mean, I just
specifically -- typically an item on the consent agenda numbered
16A1 or 10 or whatever it is that the consideration is, is a proper
format. Maybe he could have -- it's more of a matter of process. I'll
deal with it -- I'll deal with it off-line.
CHAIRMAN TAYLOR: Thank you. And so now I've gotten
lost in here. I'm sorry.
Proposed Agenda Changes
Board of County Commissioners Meeting
October 26, 2021
Continue Item 16F1 indefinitely: *** This item continued from the September 28, 2021 and October 12,
2021 BCC Meeting Agendas. *** Recommendation to approve and authorize the Chairman to sign the
Extension and Amendment of the Agreement with The Partnership for Collier’s Future Economy, Inc.
(“Partnership”) in continued support of the established public-private partnership designed to advance the
County’s economic development efforts. (All Districts) (Staff’s Request)
Continue Item 17A to the November 9, 2021 BCC Meeting: *** This item has been continued from the
October 12, 2021 BCC Meeting Agenda. *** Recommendation to adopt 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) (Commissioner Taylor’s Request)
Continue Item 17B to the December 14, 2021 BCC Meeting: *** This item has been continued from the
September 28, 2021 and October 12, 2021 BCC Meeting Agendas. *** A Resolution of the Board of County
Commissioners proposing amendments to the Collier County Growth Management Plan, Ordinance 89-05,
as amended, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the Urban
Mixed Use District, Urban Residential Fringe Subdistrict and the Rural Fringe Mixed Use District of the
Future Land Use Element to require Transfer of Development Rights for Comprehensive Plan amendments
for increased residential density; amending the Urban Mixed Use District, Urban Residential Fringe
Subdistrict to remove the density bonus cap on residential in-fill and remove the requirement to use
Transfer of Development Rights within one mile of the Urban boundary; and amending the Rural Fringe
Mixed Use District of the Future Land Use Element to change development standards and requirements, to
increase density on Receiving Lands located along Immokalee Road, increase density on Receiving Lands for
affordable housing, add Transfer of Development Rights Credits, add uses in Receiving areas, and add a
conditional use for recreation in Sending Lands, and to amend development standards for Rural Villages;
and create the Belle Meade Hydrologic Enhancement Overlay; and furthermore directing transmittal of the
amendments to the Florida Department of Economic Opportunity. [PL20200002234] (District 1, District 3,
District 5) (Staff’s Request)
Continue Item 11C to the November 9, 2021 BCC Meeting: Recommendation to approve the award of
Invitation to Negotiation # 21-7898 for “Collier County Sports Complex Management” to Sports Facilities
Management LLC and authorize the Chairman to execute the attached agreement. (District 5)
(Commissioner Taylor’s Request)
Note: Staff requests Board direction to extend the agreement with the current Sports Complex vendor should
Item 11C be continued to the 11/9 BCC meeting. This will require the agreement of the current vendor.
Time Certain Items:
Item 11B to be heard no sooner than 1:00 pm – Collier Mosquito Control District public lands update
1/12/2022 2:07 PM
October 26, 2021
Page 17
Item #2B and #2C
BCC BUDGET MEETING MINUTES FROM SEPTEMBER 23,
2021 AND BCC MEETING MINUTES FROM SEPTEMBER 28,
2021 – APPROVED AS PRESENTED
COMMISSIONER McDANIEL: Did we approve the minutes?
CHAIRMAN TAYLOR: We approved the minutes, and now
we're going to do awards and --
COMMISSIONER SOLIS: I think we approved the agenda.
CHAIRMAN TAYLOR: -- and recognitions.
MR. CALLAHAN: I don't know that we --
CHAIRMAN TAYLOR: We approved the minutes and the
agenda.
COMMISSIONER SOLIS: They were together.
COMMISSIONER SAUNDERS: If we need a motion for the
minutes, I so move approval of the minutes.
COMMISSIONER McDANIEL: Second on the minutes. We
went off-line. He made a motion to approve the minutes, and I
seconded it.
CHAIRMAN TAYLOR: Yeah. And the agenda without
any --
COMMISSIONER McDANIEL: We already did that.
CHAIRMAN TAYLOR: Okay. So we're set.
COMMISSIONER SAUNDERS: Everything we need to
approve prior to getting to the substance of the meeting, I make a
motion to approve.
COMMISSIONER McDANIEL: So moved -- second -- third.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN TAYLOR: So for the second time, all those in
favor, say aye.
October 26, 2021
Page 18
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. I was paying
attention.
Item #4
PROCLAMATION DESIGNATING NOVEMBER 5, 2021 AS
“TRY TRANSIT DAY” IN COLLIER COUNTY TO RAISE
AWARENESS OF THE USE OF COLLIER AREA TRANSIT
(CAT) TO ACCESS VARIOUS DESTINATIONS THROUGHOUT
COLLIER COUNTY AND THAT CAT WILL BE OFFERING
FREE BUS RIDES ON NOVEMBER 5TH – ADOPTED
MR. CALLAHAN: Madam Chair, that takes us to Item 4 on
your agenda, proclamations. You have one proclamation on your
agenda. Item 4A is a proclamation designating November 5th, 2021,
as Try Transit Day in Collier County to raise awareness of the use of
Collier Area Transit to access various destinations throughout Collier
County, and the CAT will be offering free bus rides on
November 5th. That proclamation will be delivered to Michelle
Arnold, your director of Public Transit and Neighborhood
Enhancement.
CHAIRMAN TAYLOR: And before we leave rewards and
recognitions, which we already just -- we might as well jump around.
I would like to bring to everyone's attention -- and I think
October 26, 2021
Page 19
Commissioner Saunders can speak to it. You witnessed a ceremony,
I believe, last week up in Tallahassee --
COMMISSIONER SAUNDERS: Oh, yeah.
CHAIRMAN TAYLOR: -- for Senator Kathleen
Passidomo's -- well, the acknowledgment that she is now going to be
president of the Senate.
COMMISSIONER SAUNDERS: Yeah. There was -- the
Republican caucus every two years meets to designate the -- they
control the Senate, so they meet to designate who's going to be the
speaker in the next session. The next session is November 2022
through November 2024, and Senator Passidomo has been designated
as the next Senate president. It's actually incredibly good news, and
she's the second Republican woman to lead the Florida Senate in the
history of the Senate.
And so it's great news for Collier County and Southwest Florida
but, more importantly, it's great news for the state of Florida. She's
going to do an incredibly good job at the next Senate president.
So it was a pleasure to be there. John Mullins was there as
well, and I think Mr. Mullins is going to have a little bit of a report
for us concerning some other items that we dealt with at that time.
But it was a great ceremony, and it was a great opportunity to witness
some history for Collier County.
CHAIRMAN TAYLOR: Well -- and I wanted Senator
Passidomo to come this morning so that we could acknowledge it, but
she couldn't make -- unfortunately, her calendar didn't allow it. So
she suggested next year before she actually is sworn in in November
that we make time for her here. So I'm excited about it. She's
been -- she truly embodies public servant, and it's very exciting that
she's our own. Thank you very much.
And so shall we go to any presentations?
October 26, 2021
Page 20
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. CALLAHAN: There are no presentations. The next item
we'll proceed to are public comments; Item 7 public comments on
general topics not on current or future agendas.
And, Troy, I believe we have a few registered.
MR. MILLER: Yes. We have nine registered speakers for this
item. Your first speaker is Richard Schroeder. He will be followed
by Jessica Bergel. If I could have you folks queue up at either
podium; make things go a little quicker.
MR. SCHROEDER: Thank you, Richard Schroeder, retired
physician. I'm here to comment on a little propaganda piece, not
meaning negative propaganda necessarily, that was allegedly
distributed or published by one of the commissioner members. And
I say "allegedly" because I haven't had a chance to check it out for
sure. But it doesn't matter where it came from. It looks like it's
destined to be all over Collier County in the near future. It's a
little -- it's a little information brochure that said "Florida Health" at
the top. "Know the facts. Get the Vax," and then at the bottom it
shows a little needle with "Collier" at the bottom.
Anyway, I want to comment on some of the bullet pieces as I
have time to do this morning because it appears that several of them
are -- while they may be true, appear to be deliberately misleading,
and some of them are patently false.
I'm going to select this one to start. Vaccine monitoring has
historically shown the side effects generally happen within six weeks
of receiving the vaccine. Well, that's historically true. Of course,
effects show up within the first six weeks. What is not present in
October 26, 2021
Page 21
that comment is this comment is just a general comment not
necessarily having anything to do with the COVID vaccines. But
also here's the point with the COVID injections. They were brought
to market under emergency use authorization at warp speed, no less,
without any long-term studies. And this is what particularly disturbs
me because, as a practicing gynecologist of 40 years, the first 10
years of my private practice were spent helping to clean up the
problems that were caused by a drug, diethylstilbesterol, that was
brought to market prematurely before long-term studies had been
done.
And it turns out this drug was given to pregnant women to help
prevent miscarriages, which it may or may not have done. In the
early '40s, or late '40s and early '50s, their daughters who were born
after having the mother having received that drug, uniformly had
problems with misshapen uteruses, inability to hold pregnancies,
pain, bleeding. I spent endless hours in the operating room
restructuring uteri in an attempt to help these women get pregnant.
They didn't have enough eggs in their ovary because they were
damaged, and they almost always ended up eventually having a
hysterectomy because of endometriosis, which is a painful disease
that then can result in infertility.
So when we -- when these type of pieces are spread, we need to
be careful that the whole truth is told. The COVID vaccine does
not -- has not been studied long term. We are the study participants,
those of us who received the vaccine. So this is where we're going
to get our information. This vaccine should never be given to
women and children without long-term studies to check for the
long-term side effects. There's just no other way.
CHAIRMAN TAYLOR: Thank you. Thank you very much.
MR. MILLER: Your next speaker is Jessica Bergel. She'll be
followed by Daija Hinajosa.
October 26, 2021
Page 22
MS. BERGEL: Hi. My name is Jessica Bergel. I am here
representing the Naples Roller Hockey League at Veteran's Park.
We are a 25-year non-profit organization here in Collier County.
Fifteen years ago many of our members came together with Collier
County Parks and Rec and fund-raised to build the rink that's there.
Five years later, we helped to fundraise to build the concession stand
that was put there. We've happily been partners with Collier County
for 15 years. And three years ago pickleball came in and took it
from us. We had a signed lease with the county that I have with me
that was signed on July 18th, 2018.
COMMISSIONER McDANIEL: Take a breath. Did they take
the concession or the rink?
MS. BURGEL: The concession.
COMMISSIONER McDANIEL: Okay. That was --
MS. BURGEL: And our storage.
COMMISSIONER McDANIEL: Gotcha.
MS. BURGEL: Okay. July 18th, 2018, we signed a contract
with the county for the lease of the concession stand. On
November 20th, 2018, James Ludwig came in, overrode our lease,
and took it from us. We were given 30 days to get out of the
building that we built and given no opportunity to represent
ourselves. We were told -- we were asked on July 29th, 2018, do
you use -- you do not use the concession stand, do you? I replied
back within 20 minutes, yes, we do. Barry Williams said that the
fact that I said "yes, we do" was left up to interpretation.
Then we went back -- three months later she doesn't say
anything. This is Shannon Darrow from Parks and Rec. Three
months later, she doesn't say anything. By September 5th, I need
you out by the end of the month.
We were never given any opportunity to even speak to anyone
to give our side of anything. Then -- I spoke to Barry Williams last
October 26, 2021
Page 23
week. I went to the Parks and Rec Board meeting. Barry Williams
stood up and told me that our agreement was left to contemplate
shared use, but when we asked for shared use, we were denied, and
that was on -- there's an e-mail on September 5th, 2018. We said,
may we at least keep the storage unit. And Shannon Darrow replied
back 20 minutes later, no, I need you out.
So now that -- and also, the pickleball people got a three-year
lease and we've never gotten a three-year lease. We've always
signed one-year leases. And I have both. Shannon Darrow tried
saying that we didn't have a 2017 lease, which I have with me that
she signed.
So my issue is, what do we want? We want a chance to get it
back. Barry Williams promised us a year ago that we would help get
some sort of a storage unit or something. Nothing came of it. Last
week he met with my husband and the pickleball people, and they're
giving us the storage unit back, but he said that the concession stand,
the pickleball people do not want to share with us. So we are left,
again, and there's no lease, no agreement, no representation. And I
have both leases with me if you'd like to see them.
CHAIRMAN TAYLOR: I think -- we've got a lot of questions
up here, so I'll start with Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I just -- I want -- we
don't typically address folks that come and speak to us on items not
on today's agenda. You're being addressed twice: Me asking a
question of clarification and speaking with you now. I want you to
send this information -- which one of us is the commissioner of the
district?
MS. BURGEL: I sent it to Mrs. Taylor and Mr. Solis.
COMMISSIONER McDANIEL: Okay. And then this will all
be addressed through our staff and brought back to us so that it gets
taken care of.
October 26, 2021
Page 24
MS. BURGEL: What do you mean by "gets taken care of"?
CHAIRMAN TAYLOR: Well, we're going to -- we're going to
distribute it, have discussions with staff, and probably make this an
agenda item at our next meeting.
COMMISSIONER McDANIEL: Yes.
MR. KLATZKOW: Typically what you would do is direct
staff to come back with an executive summary outlining what the
issue is, and then have a hearing on that.
CHAIRMAN TAYLOR: Perfect.
COMMISSIONER McDANIEL: Done.
CHAIRMAN TAYLOR: Next meeting.
MR. KLATZKOW: I mean, this is more of a -- this is more of
a public petition issue than anything else. And that would be
typically the Board's procedure.
COMMISSIONER McDANIEL: And I'm fine with that.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I remember having some
conversations some time ago.
MS. BURGEL: Dr. Adams.
COMMISSIONER SAUNDERS: And I thought that things got
resolved. Obviously, they didn't. So we're going to bring it back at
the next meeting, staff's going to take a look at it --
COMMISSIONER McDANIEL: Right.
COMMISSIONER SAUNDERS: -- and try to accommodate --
CHAIRMAN TAYLOR: As recently as a month ago we
talked, and I thought it was resolved. So I'm glad you're here,
because it will be resolved.
MS. BURGEL: Last week at the board meeting Barry
Williams, again, made lots of promises, and now he's telling us no
again.
CHAIRMAN TAYLOR: Thank you very much.
October 26, 2021
Page 25
COMMISSIONER LoCASTRO: Barry's boss is in the back, so
you're here at a good meeting. Right, sir?
COMMISSIONER McDANIEL: You're being listened to. I'm
sorry. You don't like it when we just talk out of turn.
MR. MILLER: Your next speaker is Deja Hinajosa. She's
been ceded three additional minutes from Victoria Wojceichowski.
(Raises hand.)
MR. MILLER: Thank you. She's present. And Deja will be
followed by Dan Cook.
MS. HINAJOSA: Good morning, Commissioners.
Today I'd actually like to raise some awareness regarding a huge
threat to our property rights that we've got lingering in our GMP
Growth Management Plan. I've learned some concerning facts about
the current agenda for the 21st century to save the planet, which is
through what we call wealth redistribution disguised under
sustainable development. And according to what is being discussed
today and by what you can find in the Growth Management Plan, this
affects everyone who lives here and who's raising a family here.
In 1996, the United Nations requested a report to be done on
how to protect the planet against global warming, the misuse of
natural resources, and poverty.
Gro Brundtland, who is the former prime minister of Norway,
and Marie Strong, who is the former director of the United Nations
Environmental Program, came up with this report that was the agenda
for the 21st century or Agenda 21, which is the birth of sustainable
development, and it's safe to mention that the prime minister of
Norway was the VP of the world's socialist party.
It wasn't until '93 when Bill Clinton signed an executive order,
No. 12852, creating the president's council on sustainable
development to begin implementation through federal agencies like
the Equal Housing Opportunity, the Americans Planning Association,
October 26, 2021
Page 26
the Department of Agriculture, Department of Education, Department
of Commerce, just to name a few.
Sustainable development sounds nice. You probably think I'll
do my part to take care of the environment by recycling and using
environmentally friendly materials and maybe even driving a Prius,
but the United Nations' mission for sustainable development is far
greater than that.
So what is the sustainable plan? This is a plan to transform
society into making nature the central organizing principle for our
economy and society through three components: Global land use,
global education, and population control, which is also disguised as
high-density habitat or high-density residential units, as you can see
in the Growth Management Plan.
This plan calls for the government to take ownership of all land
use and not leave any decisions for property owners, because private
property is considered unsustainable. This will change the
infrastructure of the nation away from private ownership and control
of property to nothing short of central planning of the entire
economy. Sustainable development is also in the name of social
justice through the redistribution of wealth. Give our resources of
our country to developing nations. This will affect our businesses,
our public education system, our right to own private property, and
our families in all of our individual lives.
When we talk about wealth redistribution, a lot of people think
that it means taking money from someone who's making 400,000 a
year and giving it to someone who's making 20,000 a year, but that's
not how this works.
It's more like America's considered to be dangerous to the
environment and in order to save the planet, we must lower our
standard of living and transfer wealth to developing countries,
because this is considered sustainable.
October 26, 2021
Page 27
Under sustainable development, there is no more golf courses or
any activity that takes use of electricity or fossil fuels; air
conditioning; home appliances; your backyard pond; owning
property, single-family homes. Instead, it's high-density residential
units; the family unit, you know, depopulation. You can't have
families. And consumerism, because when you buy things, people
have to make things, which means they have to use machines, which
is not sustainable.
And also the justice system. Since sustainable development is
considered nature over man, that means that animals, plants, and the
earth have rights. This is putting land preservation ahead of the
habitat of human beings. And there's an organization called The
Wildlands Project that's mission is to remove humans from
50 percent of the United States. So where do we all go? Oh, high
residential -- high-density residential units. Lots of people in small
places.
This is what Collier County could look like if the Board has any
intent to continue to implement sustainable development
communities through mixed-use land development. Page 3 in the
Growth Management Plan says that the Future Land Use Element is
configured to guide concentrated population growth and intensive
land development away from areas of great sensitivity and towards a
more tolerant development.
In the name of sustainable development, we cannot purchase
property where we decide. We will be forced to give up our
property rights and what we own for the greater good of the
community. But we know that the Declaration of Independence
states that our rights were given to us by God, which means that they
cannot be taken away from anyone or given to us by anyone.
You can also find in your constitution of heaven that the first
man who was ever created carried a nation in his loins and was
October 26, 2021
Page 28
instructed by God to work and cultivate the land. This man was
given dominion rulership and responsibility of management over the
land. This means that when God spoke that mandate into the first
man, he was not only speaking to one person. He was speaking to
every person after him, which is where all of our rights come from.
We are also instructed not to rule over one another.
The land does not dominate us. We dominate it, which means
to bring order, to cultivate, to create, to protect. Must we do our part
to care for our habitat? Yes, absolutely, but we do not make humans
second on the resources on earth.
So with that said, these sustainable development ideas and
initiatives are a direct threat to our property rights, a violation of our
mandate to dominate our land, and it goes against everything that
Americans stand for.
Thank you very much.
MR. MILLER: Your next speaker is Dan Cook. He'll be
followed by Lisa Hunsberger.
CHAIRMAN TAYLOR: Thank you.
MR. COOK: Hi. Good morning, Board.
In the last meeting, it was mentioned that Remdesivir and the
administration of Remdesivir was acting as a genocide on local
citizens. It was always mentioned that Agenda 21, that has been
mentioned here today, Agenda 21 is part of the depopulation plan. It
all falls into the great reset. I'm not sure if anybody's read the book
The Great Reset by Klaus Schwab that talks about the -- how COVID
is essentially being used to change the structure of our economy, of
our whole system of government, as some of the other previous
speakers have mentioned. So if you haven't read The Great Reset by
Klaus Schwab, that's a good book to kind of give a little insight into
what's going on behind this fraud of COVID, and that's what some of
us are talking about here today, COVID and the fraud that's part of it.
October 26, 2021
Page 29
So nine countries have taken their ministers of health to court
now, and none of them have been able to produce an isolated virus of
COVID-19, as it is considered a bio-weapon by some. Some
countries in Africa did not have COVID before the emergency use
injection showed up. It's one of the causes for -- or one of the
reasons for requesting a complete autopsy of some of these deaths.
So it comes back to dying with COVID or dying of COVID. There
is a difference.
So what I sometimes wonder, and I've wondered this dating
back to last March, is all these COVID deaths that get chalked up as a
COVID death as the reasons for why we did the shutdowns, why
we're, you know, pushing the vaccine, why we are making all these
changes to our society, why we're giving up rights for safety from
this perceived threat that COVID is, but when the deaths -- if
somebody -- I think I saw a report that somebody died in a motor
vehicle accident, and he happened to have COVID in his system
when he died, so the Medical Examiner put COVID as one of the
reasons for deaths, and I think that it would be good to kind of get to
the bottom of that.
So one way that I think I'd like to ask the commissioners to help
the citizens in getting to the bottom of that is to request the proof of
the isolation of the COVID-19 virus. And I'm not sure if that's
something the commissioners can do, can work with the Medical
Examiner or the Health Department, but I'll go ahead and follow up
with you each with an e-mail, and if you guys could give me some
direction in that realm, I think, finding -- getting proof of the isolated
COVID-19 virus would be very helpful.
And with my last 20 seconds, I also want to note that at the last
meeting, October 10th was noted as China, parentheses, Taiwan Day.
Interestingly, October 10th, 2009, was also the day that the Articles
of Freedom that were written by the Continental Congress of 2009.
October 26, 2021
Page 30
So I just wanted to state that for the record. So thanks for your time.
MR. MILLER: Your next speaker is Lisa Hunsberger. She'll
be followed by Scott Sherman.
MS. HUNSBERGER: Good morning, Commissioners.
I wanted to take this opportunity to further discuss the COVID
vaccine mandate that has been in effect for some time amongst local
medical and mental health facilities.
I spoke on this matter earlier this month, as I'm a former David
Lawrence Center clinician and was terminated without cause or
explanation. While I was employed with the David Lawrence
Center, I did heavily ask many policy-related questions and, to say
the least, it was not appreciated.
On August 25th, Scott Burgess, CEO and board member of the
David Lawrence Center, sent out an unexpected e-mail to all staff
informing that all DLC employees are required to be fully vaccinated
by October 4th. As previously mentioned, this mandate immediately
caused intended division, a hostile work environment, and fear. The
tension, division, and hostility continued to grow in an already
short-staffed workplace. No efforts by Scott Burgess or
administration were made to unify or support those with opposing
views and concerns.
Shortly after the mandate at the David Lawrence Center was
introduced, Commissioner Rick LoCastro was kind enough to meet
with myself and a small group to hear our concerns on current events.
Commissioner LoCastro didn't have to make time to hear our
concerns on such short notice, but he did. So I do want to
acknowledge and thank him again for his time.
It was important for our group to have him understand what was
occurring, because the David Lawrence Center receives a significant
amount of Collier County taxpayer funding and employs many
community members.
October 26, 2021
Page 31
Mr. LoCastro, I do have to say it was a bit disheartening reading
your post e-mail update where you recognized Scott Burgess is a
close friend and a senior community leader during a recent town hall
meeting. I understand Scott Burgess is a friend, as you've identified
as such in previous conversations. My comments are more directed
toward what it means to be a leader in the community.
I see that Scott Burgess was willing to join you in new person
maskless for a town hall meeting and photo opportunity, but he was
unwilling to meet with us in person, the very employees he imposed
vaccine mandates upon.
Under Scott Burgess' leadership, a divisive COVID mandate
was created and implemented, leaving employees of the David
Lawrence Center, who also happen to be members of this very
community, left with a very unfair and unnecessary choice to make.
David Lawrence Center, along with NCH and many others, have
already had a hard time filling essential positions within the
community and are now left with more vacancies, overworked
employees, and little hope for those employees who, on their last day
of -- this is the policy. They're on their last days of their 30-day
resignation period of having voluntarily resigned based on not
meeting the requirements.
My questions to all of you today are how much are last year's
heroes expected to sacrifice to remain employed? How many
booster shots are they expected to endure? How much longer are
they expected to be scapegoats for corrupt politics? How much
monetary COVID kickbacks are going to be enough to stop this
unnecessary nonsense? Where and when does this stop?
Thank you.
MR. MILLER: Your next speaker is Scott Sherman. He'll be
followed by --
COMMISSIONER LoCASTRO: Ma'am, ma'am. No, I just
October 26, 2021
Page 32
wanted to ask you a quick question. So after meeting with
you -- and I appreciated the time -- I met a couple days later with
Scott Burgess and the entire board of directors of the David
Lawrence Center. And I just wanted to ask you a question. Before
you resigned or were terminated or whatever, was one of your
options that you could have not gotten the vaccine but still worn the
mask at work?
MS. HUNSBERGER: No.
COMMISSIONER LoCASTRO: Okay. Okay. So I'll just
have you know, I had a two-hour meeting with them. I won't go into
the details, but -- and I appreciated the information that you provided
to me, but that was something that was unclear because that's what
the board said is nobody was terminated or asked to leave. Alls they
had to do was wear the mask if they were unvaccinated. So you're
saying that's not true; they did not give you that option? And I'm not
saying that's great or not, but I'm just trying to --
MS. HUNSBERGER: No, no. Right. Absolutely not. No, I
would be more than happy to meet with you. I have stacks of
correspondence, and it tells a very --
COMMISSIONER LoCASTRO: Okay.
MS. HUNSBERGER: -- very complete story.
COMMISSIONER LoCASTRO: Okay. Let's do that.
Thanks.
MR. MILLER: Your next speaker is Scott Sherman. He'll be
followed by Beth Sherman.
MR. SHERMAN: Commissioners, thank you.
I want to tell you my vaccine story. My older brother was 59
years old. He got the vaccine about six months ago. His scrotum
swelled up to the size of a large grapefruit. A few weeks later, he
got a brain bleed, and he died August 1st, 2021.
My mother was 84. She got -- she was coerced into getting the
October 26, 2021
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jab. She caught COVID a few weeks later. She had a serious
mental decline before that, almost immediately after getting the
vaccine. She was hospitalized, treated with Remdesivir, and she
died September 1st, 2021. COVID is listed on her death certificate.
My father was 86. He was in good health. He chose not to get
the vaccine. He caught COVID the same -- from my mother. He
was hospitalized with her. He was treated with Remdesivir, but he
was actually released after 10 days, because I was there and I got him
out of the hospital. He was married to my mom for 64 years, and
upon her death he had a steady decline and passed away August 3rd,
2021. COVID is listed on his death certificate.
So should we as a county promote the vaccine as being safe? I
say no, we should not. Should we protect the citizens' rights to
choose or reject medical treatments? I say yes, we should. Really,
it's very important.
So I spent almost a full week caring for two COVID patients or
visiting them in the hospital protected only by my faith in God. I
never got sick.
I want to remind all the citizens of Collier County that we are all
going to die one day. We -- please do not live your life in fear.
Please do not fear other humans as disease carriers. Your God-given
immunity protects you all.
But the most important thing we need to protect is our souls. If
you haven't read the Bible lately, please pick it up. Learn how Jesus
can protect you, the peace -- this brings a peace like no other.
So I will end this in a short prayer. Dear Heavenly Father, I ask
you to open the eyes of our community; that you give them ears to
hear your word. I ask that you increase their faith so they can live
abundant lives without fear of the invisible enemy, without fear of
disease, without fear of death, and without fear of other human
beings. Help us to come together and heal as a community.
October 26, 2021
Page 34
In Jesus' blessed name we pray, amen.
MR. MILLER: Your next speaker is Beth Sherman. She's
been ceded three additional minutes from Margaret -- is it Henzel?
MS. HENZEL: Yes.
MR. MILLER: And she is present. You'll have a total of six
minutes.
MS. SHERMAN: I've been speaking the last few months about
how our county is not providing informed consent with these COVID
vaccines. Yesterday, Commissioner Taylor sent this flyer to her
constituents that appears to be created by the Florida Department of
Health. I'm not sure if the Florida Department of Health put this
together or the local Collier County department. Regardless, it was
propaganda and the exact opposite of informed consent. It contains
lies and misleading information.
Let's go through all six talking points. Number one on here, as
of May 21, 135 billion doses have been administered globally.
Usual side effects are minimal. You're using global numbers, but I'll
stick to the statistics provided by the United States government
through its VAERS reporting site on adverse reactions. Let me
remind you this is at a 1 percent reporting rate according to their own
website.
818,042 adverse reactions; 26,199 disabled; 10,179 bells palsy;
10,304 myocarditis; 8,408 heart attacks; 2,631 miscarriages; 17,128
deaths. Which of these listed reported side effects would you
consider mild? Permanent heart issues, losing your baby, being
permanently disabled, or death?
Number 2 on the list, none of the COVID vaccines authorized
for use in the USA contain the live virus. Funny you should point
that out. They don't contain the live virus. They've been unable to
prove to the world that they have even isolated the virus.
Number 3 on the list, COVID vaccines do not contain animal
October 26, 2021
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products. All components are safe for people. Safe for people? I
think the numbers that I read with over 818,000 adverse reactions
would disagree. I think the 17,000 people who died would also
disagree. If this is at a 1 percent reporting rate as it states, there's the
potential for adverse reactions to be up to 2,593,701. That number
should really take your breath away.
How dare you put out propaganda to state to the public that all
components are safe? Do you even know the ingredients? No
animal products, huh? How about aborted fetus? A Pfizer
whistleblower has come forward to Project Veritas to put on the
record that they are using human embryonic kidney cells from
aborted fetal tissue.
Number 4, vaccine monitoring has historically shown that side
effects generally happen within six weeks of receiving a vaccine
dose. Perhaps historically this is true, but you are not comparing
apples to apples here.
All the previous vaccines were FDA approved and had
completed their clinical trials. This vaccine is still in clinical trial.
In fact, anyone who has taken it is part of the clinical trial, whether
they realize it or not. They have no idea what the long-term side
effects will be. Per the Moderna website, it states that the Phase 3
clinical trials are still ongoing in the United States.
Number 5, MRNA vaccines cannot change your DNA. They
only deliver information and teach your body to make a protein that
triggers an autoimmune response. There is a study that came from
MIT and Harvard which suggests that MRNA vaccines permanently
alter DNA. Let me read you an excerpt from the study. The Pfizer
biotech and Moderna vaccines are RNA injections. These transfect
their RNA into the cytoplasm of our cells through a process called
reverse transcription. Injected RNA integrates into our DNA.
The Oxford/AstraZeneca and Johnson & Johnson vaccines are
October 26, 2021
Page 36
DNA or viral vector injections which transfer DNA into the nucleus
of our cells. Both types of COVID injections can and probably do
permanently alter our DNA, because injected DNA or RNA enters
the nucleus of our cells and are treated as our own DNA. They come
with a risk of damaging our own DNA, causing mutations including,
potentially, cancer. And if our cells become permanent
spike-protein-producing factories, this could lead to serious
autoimmune problems.
Number 6, there's currently no evidence that COVID-19
vaccines cause any problems with pregnancy or fertility. At a quick
glance, let me remind you that VAERS has reported 2,631
miscarriages at a 1 percent reporting rate. Their words, not mine.
Let me give you some data points coming from the New
England Journal of Medicine published on the NIH.gov site. 13.9
percent of women in the study resulted in a pregnancy loss. Of the
86 percent that completed their pregnancy, 9.4 percent resulted in
preterm birth whom were of small gestational age.
The study only followed these women for two months. So in
two months, 13.8 percent of the women lost their babies, and you're
going to tell us that this doesn't cause any problems with pregnancy
or fertility.
I demand that this publication be retracted immediately, as it is
untrue. I am sending a copy of it to our new Surgeon General of
Florida and Governor Ron DeSantis for a thorough review.
Informed consent does not mean gaslighting the people into taking a
shot and thinking it has zero consequences.
MR. MILLER: Madam Chair, that was your final registered
public comment for today.
CHAIRMAN TAYLOR: Thank you.
Item #8A
October 26, 2021
Page 37
RESOLUTION 2021-227: A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA,
GRANTING A WAIVER FROM THE MINIMUM REQUIRED
SEPARATION OF 500 FEET BETWEEN FACILITIES WITH
FUEL PUMPS PURSUANT TO SECTION 5.05.05.B OF THE
LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED AT
THE NORTHWEST CORNER OF GOLDEN GATE BOULEVARD
AND WILSON BOULEVARD, ALSO KNOWN AS TRACTS 143
AND 144, GOLDEN GATE ESTATES UNIT NO. 11
SUBDIVISION, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE
27 EAST, COLLIER COUNTY, FLORIDA - ADOPTED
W/STIPULATIONS
MR. CALLAHAN: Madam Chair, that will take us to your
regular agenda today. We'll start with Item 8A. This item requires
that ex parte disclosure be provided by board members. When a
hearing is held on this item, all participants are required to be sworn
in.
This is a recommendation to approve a resolution of the Board
of Zoning Appeals of Collier County, Florida, granting a waiver from
the minimum required separation of 500 feet between facilities with
fuel pumps pursuant to Section 5.05.05.B of the Land Development
Code for property located at the northwest corner of Golden Gate
Boulevard and Wilson Boulevard also known as Tracts 143 and 144,
Golden Gate Estates, Unit No. 11 subdivision, in Section 4,
Township 49 South, Range 27 East, Collier County, Florida. This
item is a companion item to Items 9A and 9B.
Item 9A is a recommendation to approve an ordinance of the
Board of County Commissioners of Collier County, Florida,
amending Ordinance No. 2011-30, as amended, by adding
commercial, public, civic, and institutional uses; or, in the alternative
October 26, 2021
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to some uses, adding up to 12 residential dwelling units; reducing
commercial square footage from 150,000 to 50,000 excluding some
uses from the maximum square footage limitation; adding
dormitories use on Tract C; removing outdoor music prohibition;
removing single commercial use and building size limitations;
reducing setbacks and landscape buffer widths; removing phasing
and development commitments; and providing an effective date.
The subject property is 41-plus acres and located at the
northwest quadrant of Golden Gate Boulevard and Wilson Boulevard
in Section 4, Township 49 South, Range 27 East, Collier County,
Florida.
And, finally, Item 9B is a recommendation to approve 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 Estates Shopping
Center subdistrict of the Estates Commercial District of the Rural
Golden Gate Estates Sub-Element of the Golden Gate Area Master
Plan and Future Land Use Maps to add commercial, public, civic, and
institution uses; or, in the alternative to use some uses, development
of up to 12 single-family residential dwelling units; reduce
commercial space square footage from 190,000 to 50,000 excluding
some uses from the maximum square footage limitation; remove the
outdoor music prohibition; and remove single commercial use and
building size limitations; reduce setbacks and landscape buffer
widths; and remove phasing and developer commitments; and,
furthermore, directing transmittal of the adopted amendment to the
Florida Department of Economic Opportunity.
The subject property is 41-plus acres and located at the
northwest quadrant of Golden Gate Boulevard and Wilson Boulevard
in Section 4, Township 49 South, Range 27 East, Collier County,
October 26, 2021
Page 39
Florida.
CHAIRMAN TAYLOR: County Attorney, if you could -- I
think we're going to hear this as -- all these agenda items in one fell
swoop. We're not going to go from agenda item to agenda item; is
that correct?
MR. KLATZKOW: Board's prerogative. I would suggest that
you hear all three together. There are common issues that intertwine
there. Some of these items require four votes; 8A requires three
votes. I don't know how you do 8A without doing 9A and 9B.
That's something the Board can sort out at the end of it, whether you
want to vote for these things separately or together.
CHAIRMAN TAYLOR: I think we have to vote for them
separately, I would think. We could hear them together --
MR. KLATZKOW: You hear them together.
CHAIRMAN TAYLOR: -- and vote on them separately. Are
we in agreement, my attorneys?
COMMISSIONER SAUNDERS: Sure.
CHAIRMAN TAYLOR: Yeah. That's how we're going to do
it.
MR. YOVANOVICH: For the record, Rich Yovanovich. Can
I ask a question?
CHAIRMAN TAYLOR: Yes, of course.
MR. YOVANOVICH: Actually, 9C and D are also related to
9A and B.
CHAIRMAN TAYLOR: We're going to hear them all together.
MR. YOVANOVICH: But we didn't read C and D, the titles,
for the record. So I wasn't sure if I was supposed to go through all
of those at one time, and then you'd vote separately.
MR. KLATZKOW: Well, 9C and D are very different from the
other three. I know the commercial space ties into it.
MR. YOVANOVICH: Right.
October 26, 2021
Page 40
MR. KLATZKOW: But that one's going to be dependent upon
what the Board does with your first three items. But they're two
separate developments.
MR. YOVANOVICH: I understand. I was just simply
suggesting that -- I'll do it either way you want to do it. I was just
prepared to go through all of them at the same time, explain it once,
and then vote separately.
COMMISSIONER McDANIEL: As a matter of point, they are
separate issues. There is a contractual arrangement that has
predications for the entire tracts and entire transaction together, but
that doesn't have anything to do with what we're doing here. And
hearing the two pieces separately can effectuate what we need to
have done either way. So, I mean, we don't have to encumber it with
the 47-acre piece until we're ready to go to that one.
CHAIRMAN TAYLOR: Thank you. So I think we've
decided to hear them all together and then vote on them separately.
COMMISSIONER McDANIEL: Sure, unless Mr. Bosi has
something different.
MR. BOSI: Mike Bosi, Planning and Zoning director. I was
just going to say from a policy standpoint, from a regulatory
standpoint, they do not have to be heard together, but the concept is
the square footage is taken from the Estates shopping center, moved
to Immokalee 4th Street, but that's a concept. That's not a regulatory
standard. We're not obligated to hear all these at one time.
The three petitions associated with the Estates Shopping Center
are all companion items, and the two, the GMP and the PUD related
to the Randall Curve MPUD, are two companion items per policy.
CHAIRMAN TAYLOR: Thank you very much.
MR. MILLER: Madam Chair, can I ask for a clarification over
here? I have people that signed up to speak on 8A, 9A, 9B in one
pile, and then I have 9C, 9D in another. Do you want them heard all
October 26, 2021
Page 41
together? I can do that.
COMMISSIONER McDANIEL: No.
MR. MILLER: I just -- we've had them delineated separately.
COMMISSIONER McDANIEL: They need to be delineated.
They're two separate pieces.
MR. YOVANOVICH: So we're -- I guess I'm confused.
We're not hearing all five together, or we are?
COMMISSIONER McDANIEL: We are not.
CHAIRMAN TAYLOR: All right. So then we won't. If
that's the case, if we've got two separate pieces, I misspoke. So the
first three together.
MR. KLATZKOW: It's the will of the Board. What does the
majority of the Board wish to do?
CHAIRMAN TAYLOR: We've got two land-use attorneys.
I'm going to turn it over to you both to make our decision for us.
What do you think, for clarity? We've got speakers that want to
speak.
COMMISSIONER McDANIEL: You've got the commissioner
of the district as well. Just don't leave me out of the discussion,
please.
CHAIRMAN TAYLOR: But you always can press your
button.
COMMISSIONER McDANIEL: There it is.
CHAIRMAN TAYLOR: So I'm thinking, sir -- I mean, it
is -- they're interrelated, for sure.
COMMISSIONER SOLIS: Right. I mean, I would -- I would
defer to Commissioner McDaniel. I mean, if it's two pieces of
property, it's two pieces of property. I'd say we do -- this is just me.
I mean, I would say we do the first three, and then we do 9C and 9D,
because they are -- although they're related, they are different issues
and two different pieces of property. So I would agree with
October 26, 2021
Page 42
Commissioner McDaniel. It might take a little longer, but it might
be cleaner.
CHAIRMAN TAYLOR: Very good. All right. That's the
way -- if we're all in concurrence, that's the way -- that's the way we'll
proceed, the first three, and then the last two.
And now I think we need to swear in anyone who wants to give
testimony on these items, and I'm going to include all of them right
now, every one of them, 8A through 9D, please stand and raise your
right hand.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN TAYLOR: Thank you very much. Let's get to
work.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich.
I'll do my best to unwind my presentation and try to separate
these out, but they are interrelated. What you have in Items 9A and
9B are Growth Management Plan amendments and a PUD
amendment for the existing Estates Shopping Center, and 8A is, in
effect, relocating the already approved gas station that's in the Estates
Shopping Center to what will now be the sole commercial parcel
within the Estates Shopping Center, so these three -- those three items
are related.
What you will hear soon is the Randall Curve property. They
are related to the Estates Shopping Center property because 10 acres
of the Estates Shopping Center property will be redesignated as a
public-use tract, will be conveyed to Collier County pursuant to a
purchase agreement entered into on September 24th, 2019.
So as I go through this, although we will hear the -- we call it the
Randall Curve parcel separately, there is a relationship between what
happens at the Estates Shopping Center and what happens at the
Randall Curve.
October 26, 2021
Page 43
So when we get to a vote of the Estates Shopping Center, I'll
leave it to Mr. Klatzkow. They really -- it needs to be conditioned
upon what happens at the Randall Curve property, because you really
can't do one without the other. So that's why I had suggested
perhaps we hear it all together. But we will do our best to keep it
separate.
The project team for the Estates Shopping Center property is -- I
am the trustee of the property; Bob Crown is the beneficiary of the
trust; I'm also the land-use attorney on the property; Mr. Arnold is
our professional planner; Jim Banks is our traffic engineer; and
Marco Espinar is our environmental consultant; and Mark Minor is
our engineer on the project.
The property for the Estates Shopping Center is approximately
40 acres. It's at the intersection of Wilson Boulevard and Golden
Gate Boulevard. It is bisected by 1st Street Northwest. To the east
is an existing 7-Eleven; to the north there are Estates lots; to the south
is -- I can't remember which drugstore, so I'll give neither one of
them advertising; it's a Walgreens. And caddy corner on the
southeast quadrant is a shopping -- is a small shopping plaza.
What is, in effect, happening is the 140,000 square feet that's
currently approved for the Estates Shopping Center under the PUD is
being transferred to the 50-acre parcel on the north in the Randall
Curve area. They're essentially the same shopping area. So for
purposes of transferring the square footage, it is basically the same
commercial shopping center.
The current designation, as I mentioned, is the Estates Shopping
Center Subdistrict. That was approved back in 2011; and the current
zoning is the Estates Shopping Center CPUD. The current
Comprehensive Plan allows for up to 190,000 square feet of
commercial. The PUD only authorized the first 150,000 square feet.
We are here to amend the master plan to modify the uses in the
October 26, 2021
Page 44
subdistrict to add the concept of public uses for Collier County and
add the concept of animal sanctuary with education center and related
uses to the PUD and to the Comprehensive Plan. Shy Wolf currently
has the semi-public uses, which I'll show you in a minute, under
contract. And they are here to answer any questions and, I'm sure, to
speak in favor of the proposed project.
And then the hard corner of Golden Gate Parkway -- I'm
sorry -- Boulevard and Wilson Boulevard will go back to what has
historically been a neighborhood center under the Golden Gate
Estates Comprehensive Plan before the subdistrict was created.
You've all seen the subdistrict language and the changes that
have been made. I won't read all of this to you. This is the already
and currently approved master plan. It's a grocery-anchored
shopping center, and this was approved in 2011.
There was -- there were mixed feelings out in Golden Gate
Estates regarding this project. Some people -- my understanding --
COMMISSIONER McDANIEL: Yeah, totally understated.
MR. YOVANOVICH: Okay. There were some people who
were not happy and then there were some people that were happy
about the approval of both Growth Management Plan and the PUD.
Over the years, there's been a request that perhaps we reconsider
the zoning on that property, and the Randall Curve property
presented opportunity when you-all went out to bid to address
concerns for residents of Golden Gate Estates.
And the proposal that you've already seen once -- you've seen
the transmittal hearing for the Growth Management Plan amendment,
and now we're implementing the PUD. You've seen this once, and
now we're here for the adoption of the Growth Management Plan and
approval of the PUD amendments.
As I just mentioned, Collier County will get that 10 acres if
Collier County chooses not to develop that with county resources, it
October 26, 2021
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would be four Estates lots.
Shy Wolf is currently scheduled to acquire that, roughly,
17 acres. If they don't acquire the property, the uses would be
limited to eight Estates lots, all consistent with the current underlying
Estates zoning. And then this is where the commercial would be
reduced to 50,000 square feet.
Now, Troy, I'm going to phone a friend. Do I just hit "erase"?
MR. MILLER: Yes.
MR. YOVANOVICH: Thank you. Actually, I don't know.
What else do I do?
MR. MILLER: There's a "clear." There should be a "clear"
button.
MR. YOVANOVICH: Got it. Thank you.
This is the current master plan under the PUD. You can see it
was a grocery-anchored shopping center. This is where the current
gas station has been approved, and with the proposed PUD
amendment and the distance-waiver application, the gas station
would be moved over to this piece of property.
We have the same prohibited uses that we've always had in the
PUD and the Growth Management Plan. We've limited our uses to
C-1 through C-3 to be consistent with the wishes of residents of
Golden Gate Estates.
We've made some changes to the development standards on the
commercial tract to reflect the new proposed development on that site
and going back to, basically, neighborhood center concepts. The
uses for --
COMMISSIONER McDANIEL: Back up one second.
MR. YOVANOVICH: I'm sorry?
COMMISSIONER McDANIEL: Back on that previous slide
just to make sure. I was in the process of making sure that the north
boundary was a minimum 75 feet. Okay. Thank you.
October 26, 2021
Page 46
MR. YOVANOVICH: Right. And it's 100 feet on the
commercial tract.
COMMISSIONER McDANIEL: Got it.
MR. YOVANOVICH: These are the proposed county uses.
These have all been requested and approved by your staff. If you
want to make any changes to those, I'll step aside, and you can talk to
county staff on any changes you would like to make there. And
these are the semi-public uses which basically have been structured to
allow for Shy Wolf to go on the property should we get approved.
And these are the development standards for both the county's
tract and the Shy Wolf tract. Since they're new uses, we had to come
up with totally new standards.
We have a few deviations related to the project dealing with the
location of the preserve in order to protect our neighbors to the north.
We broke the preserves out into three -- on each of the three parcels.
We have one deviation related to fencing for Shy Wolf. We had to
be a little bit taller for purposes of that, and those are all related to
Shy Wolf on Tract C.
Your Planning Commission recommended unanimously to
recommend to you to adopt the Growth Management Plan
amendment, adopt the proposed changes to the PUD. We are asking
you to follow your Planning Commission's recommendation, and
your staff is also recommending approval.
I'm not going to pull up my presentation for the distance waiver
for the gas station because I pretty much showed you everything I
was going to show you with that presentation but, essentially, we're
taking the existing gas station that's already approved that would be
on the west corner of 1st Avenue and Golden Gate Boulevard to
move it to the east side of 1st Avenue on Golden Gate Boulevard, and
your staff is also recommending approval of that distance waiver.
And with that, we're available to answer any questions you may
October 26, 2021
Page 47
have on those three petitions.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I have two concerns, one of
which I addressed with you yesterday, dealing with the gas station.
And I recognize that there's an approved gas station there.
MR. YOVANOVICH: Right.
COMMISSIONER SAUNDERS: As we go through this, I
want our staff to comment concerning potential groundwater
problems. That's, obviously, in a very sensitive area, and I want to
make sure everything that can be done is done to protect our
groundwater resources.
And the second is we've begun to deal a lot with noise problems,
and those problem are going to continue to get worse. And during
the initial discussion from staff, as the manager was reading the
proposals, there was reference to eliminating the restriction on
outdoor amplified music. We've got a bad noise situation, and that
situation is increasing throughout the county, and I don't want to do
anything to make it worse.
MR. YOVANOVICH: Right.
COMMISSIONER SAUNDERS: So I guess my first question
is, do you need that? And if you do, why? And I would propose to
the Board that we be very careful about that.
MR. YOVANOVICH: And we had a pretty lengthy discussion
at the Planning Commission regarding a proprietor in a different
shopping center that can tend to be a little bit loud. So with our
project, we have oriented the -- if we're going to have any outdoor
amplified music with a restaurant, it has to face either east, which
is -- based on Tract A, would be facing Wilson Boulevard or south
facing Golden Gate Boulevard. So Wilson Boulevard and Golden
Gate Boulevard would be where it has to be focused.
We're going to be a little bit different than other restaurant
October 26, 2021
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establishments. We'll probably be limited in size because of the fact
that we're on well water versus county water. So that's going to
naturally limit the size of any restaurant or eating establishment that
we will have. So it's not going to be -- the precautions that were
taken in orienting the music or any amplified sound -- it's not just
music, but --
COMMISSIONER SAUNDERS: When this comes to a final
decision, I may be requesting that that restriction on outdoor
amplified music not be waived for this.
MR. YOVANOVICH: Understood.
COMMISSIONER SAUNDERS: So just give that some
thought, because that's one of my concerns and, as I said, it's a
growing concern throughout the county.
MR. YOVANOVICH: Understood. Can I briefly discuss the
other one related to gas stations?
COMMISSIONER SAUNDERS: Yes.
MR. YOVANOVICH: Because we had our conversations.
And I mentioned this to the Planning Commission, and I did some
follow-up after we talked with a colleague -- not a colleague, but a
client of mine who is a convenience with gas station operator, about
the technology and the regulations that are in place.
When I met with staff about shifting the gas station, staff told
me they didn't have issues with the tanks because the tanks will be
more than 500 feet away from the wellhead, and the technology that
exists for tanks is very, very safe. Same thing with the pumps.
They were concerned about spills actually on the ground and, you
know, that that might create problems.
The gas industry is so regulated these days with regard to site
design and making sure that spills are, in fact, contained. It's on
concrete. It doesn't go directly into the ground. There are -- no gas
station wants to put themself in a situation where they're going to
October 26, 2021
Page 49
expose themselves to liability.
So I was assured that today's regulations are so stringent on gas
station operators that there's no real risk to the county's, you know,
water supply as a result of today's gas station operators. Different
than back in the '60s, but today's operators that's -- I just wanted to
put that on. I know you're going to ask your staff, but I just wanted
to --
COMMISSIONER SAUNDERS: I appreciate that. I would
like for staff, at some point -- it doesn't have to be right now -- but at
some point for staff to comment on that issue.
MR. YOVANOVICH: And that's a very important -- it's a very
important use that already exists that we really do need to keep.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Be prepared to not
have a waiver on the amplified outdoor noise.
MR. YOVANOVICH: Be prepared?
COMMISSIONER McDANIEL: When it comes back. Be
prepared for that, because I like that idea.
I don't have any issue in offering a permit, an event permit, and
you say what you're going to do and you tell the folks you're going to
do, and you're going to be pointing it in this direction. But if you
don't play fair, you don't get to play twice, and that will eliminate that
issue and not have to deal with hoping a vendor some day does the
right thing for our community.
My question on the waiver of the 500 feet -- because I thought I
just heard you say that both tanks and the pumps are outside that
500 feet.
MR. YOVANOVICH: No, I didn't say the pumps. I said the
tanks are outside the 500 feet.
COMMISSIONER McDANIEL: I thought. I may have
misunderstood. I may have misunderstood you, but I thought I heard
October 26, 2021
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you say the tanks and the pumps are outside that 500 feet.
MR. YOVANOVICH: If I said that, I didn't mean to.
COMMISSIONER McDANIEL: The tanks are.
MR. YOVANOVICH: The tanks are required to be outside of
the 500 feet. The pumps are not required to be.
COMMISSIONER McDANIEL: Gotcha. And so therein lies
the issues of surficial accidents that might transpire that could cause
a --
MR. YOVANOVICH: And it was explained to me it was
really the concern about the drip from the hose, not from the pump
itself, because the technology with the pump -- if someone were to
back into the pump, the technology is there to make sure there will
not be the spill. It was from operator error, if you will, with the
nozzle.
COMMISSIONER McDANIEL: Understood. And I sure
would like to hear from staff with regard to Commissioner Saunders'
request on the potential contaminates.
MR. YOVANOVICH: That's all we have for our presentation.
Any other questions?
CHAIRMAN TAYLOR: Thank you very much. No other
questions.
Mr. Bosi.
MR. BOSI: Good morning, Commissioners. Mike Bosi,
Planning and Zoning director.
As indicated by the applicant, there was some conversation with
the Planning Commission, extensive conversation, related to
amplified sound, restaurants, and the potential disruption related to
the existing residential communities that surround the project.
Based upon that, we did have a recommended restriction that was
going to place the orientation of those outdoor venues in the direction
of the right-of-way. That was supported by staff and the Planning
October 26, 2021
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Commission.
But if the wisdom of the Board of County Commissioners is to,
you know, not waive the prohibition for amplified sound, staff most
certainly will be agreeable to that.
Related to the existing wellhead and the location of that
wellhead in proximity to the gas station, we have no local regulations
to enforce any restrictions related to where the gas pumps are placed.
We fall up the Florida administrative codes for the 500-foot
restriction of the underground tank in relationship to the wellhead.
But there's nothing from a local perspective that we have that we
could -- that we could adopt. And as regulators, we recognize that
limitation.
We did have a conversation with the Planning Commission and
suggested somewhat of a compromise, and we suggested that the
owner shall meet the DEP program that incorporates the wellhead
protection rule in the groundwater protection measures administrated
and regulated by FDEP, regulatory programs to include any
precautionary enhancements that will ensure the protection of the
county's wellfield to be determined at the time of SDP.
What that means is asking the county -- the county reviewers
and the applicant team to be mindful of the location of the existing
wellhead and suggest whatever industry standards are to provide
additional protections.
We recognize we don't have the regulatory authority from our
individual local codes to impose, but calling attention to the issue,
putting the applicant on notice that there's an expectation that the
industry best-management practices will be followed within the
construction of this gas station was something that we had suggested.
The Planning Commission did not carry that forward. They
recognized that we were limited to the regulatory authority that was
provided by our individual local code. But that's a provision that we
October 26, 2021
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think has some value to be able to identify some enhanced
improvements at the time of SDP.
Back from a procedural standpoint, 8A is the distance waiver,
and the distance waiver is related to the existing 7-Eleven, and that is
a vote that Mr. Klatzkow has indicated is a simple majority from the
Board of County Commissioners and was not heard by the Planning
Commission. It's simply a BZA item for the Board acting as the
Board of Zoning Appeals.
The recommendation from staff is supportive of the CCPC's
recommendation as well as the EAC's recommendation for allowing a
disconnection of the individual preserves, the limitation on the
amplified sounds, but it sounds like that might be something that's
even further enhanced, and the orientation. And we still think there's
value, even if the amplified sound is disallowed, of orienting outdoor
dining to the right-of-way just to be able to provide extra protections
to the existing residential community. And there is a limitation in
terms of operating hours; 10:00 p.m. is the limits that's being
suggested by staff and the Planning Commission, and I believe the
applicant's team has agreed to that as well.
With that, staff would entertain any questions the Board may
have.
CHAIRMAN TAYLOR: Thank you very much. I'd like -- if
the Board is in agreement, I'd like to hold our questions. We need to
give our hardworking court reporter a break, and we'll come back at
10:40 with questions. Thank you. 10:40, 10 minutes.
(A brief recess was had from 10:30 a.m. to 10:40 a.m.)
MR. CALLAHAN: Madam Chair, you have a live mic.
CHAIRMAN TAYLOR: Thank you very much.
So, Mr. Bosi, if you'd go back. And now we are at the point
where we're asking questions. And I think Commissioner McDaniel
had his --
October 26, 2021
Page 53
COMMISSIONER McDANIEL: His light on.
CHAIRMAN TAYLOR: -- name highlighted, so, sir, I'll turn it
over to you.
COMMISSIONER McDANIEL: Just a quick question. You
spoke with regard to the waiver of the 500 feet. You were talking
that we don't have any local regulations that would allow us to
regulate. Who does regulate the distance from a wellhead?
MR. BOSI: The distance from the wellhead is enforced from
the Florida DEP.
COMMISSIONER McDANIEL: Florida DEP?
MR. BOSI: Yes.
COMMISSIONER McDANIEL: And they're the ones that set
the boundary to 500 feet to a municipality well or a private well?
MR. BOSI: It is a public well.
COMMISSIONER McDANIEL: Okay. So they are the ones
that have established the boundary of 500-foot as a necessary
protection for potential infiltration into a public well?
MR. BOSI: Correct.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: That's it?
COMMISSIONER McDANIEL: Yes, ma'am.
CHAIRMAN TAYLOR: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Mike, what's the age of that
well and the wellhead; do we know?
MR. BOSI: I would have to turn to Utilities for that specific
information.
COMMISSIONER LoCASTRO: Okay. I'd like to get it if
somebody knew it. We should know it. Somebody should know it.
COMMISSIONER McDANIEL: It's fairly new.
COMMISSIONER LoCASTRO: Is it?
COMMISSIONER McDANIEL: Relatively speaking, yeah.
October 26, 2021
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COMMISSIONER LoCASTRO: Okay. I mean, if somebody
on your staff sort of knows it.
COMMISSIONER McDANIEL: Was I wrong?
COMMISSIONER LoCASTRO: I don't know. Dr. George is
making -- if Dr. George doesn't know, nobody does.
DR. YILMAZ: For the record, Dr. George, Public Utilities.
That's about 23 years, ma'am -- sir.
COMMISSIONER LoCASTRO: It's 23 years old?
DR. YILMAZ: One of the oldest wellfields we have.
COMMISSIONER LoCASTRO: Do you consider that fairly
new for a well and a wellhead?
DR. YILMAZ: We keep them operate like new; look like new.
We consider it new.
COMMISSIONER LoCASTRO: Okay. Looking like new
and operating like new.
DR. YILMAZ: Maintain.
COMMISSIONER LoCASTRO: We just had pipes break that
looked like new and operated like new, but they exploded, so -- okay.
No, you've answered my question. Thanks.
CHAIRMAN TAYLOR: If I may.
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN TAYLOR: I'd like to ask Dr. George a question.
Dr. Yilmaz, what was the cost of the well?
DR. YILMAZ: Our overall cost of the wellfields is about
quarter billion dollar water/sewer districtwide. That's why we have
to maintain our wells as high priority and, indeed, they've got to work
24/7 as new and operate like new. And there's a replacement
program, next 10 years we will add 10 more wells to our lower
Tamiami wellfield, as commissioner indicated. So there's a program
for us to put new 10 wells in Lower Tamiami aquifer wellfield in
next 10 years. So there's a life cycle; however, within life cycle, we
October 26, 2021
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consider those wells need to operate and perform to meet the demand
24/7.
CHAIRMAN TAYLOR: So what would it cost to put in a new
well?
DR. YILMAZ: We're looking at close to 6 to $12 million.
CHAIRMAN TAYLOR: One well?
DR. YILMAZ: Including permitting, engineering, siting, yes,
ma'am.
CHAIRMAN TAYLOR: Six to $12 million?
DR. YILMAZ: Yes, ma'am. That's where the quarter billion
comes in for wellfield development.
CHAIRMAN TAYLOR: And what -- what aquifer does this
well draw from?
DR. YILMAZ: It draws from Lower Tamiami aquifer.
CHAIRMAN TAYLOR: The lower, not the upper?
DR. YILMAZ: Lower Tamiami, not the upper.
CHAIRMAN TAYLOR: And how much water do you pump
out of this well? How many people do you serve from this well, or
do you --
DR. YILMAZ: Specifically, the well closest to this site would
be about 4.3 percent of our production.
CHAIRMAN TAYLOR: Which equates to how many people?
DR. YILMAZ: That's about 5 percent of 250,000 people.
CHAIRMAN TAYLOR: Do the math for me. Give me a
number.
COMMISSIONER SOLIS: 12,000.
CHAIRMAN TAYLOR: 12,000 people.
DR. YILMAZ: Yes.
CHAIRMAN TAYLOR: But it's Lower. It's not the Upper. I
believe the City of Naples is the Upper Tamiami; is that correct?
DR. YILMAZ: They are in the transition zone, and they are in
October 26, 2021
Page 56
Lower Tamiami aquifer system, similar to Immokalee water/sewer
district, as well as Marco water/sewer district. They are taking it
from Upper Tamiami.
CHAIRMAN TAYLOR: So of those -- so let's just -- a
hypothesis. Let's say this well gets contaminated. What happens to
the water in the Tamiami aquifer?
DR. YILMAZ: We do have contingency plans in -- our prime
directive always been we make sure that we have contingencies for
worst-case scenario. So whatever reason, if one of these wells
contaminated, we shut it down immediately and monitor it to make
sure that we track, monitor progression of the contaminant, whatever
that might be, BTX, xylene, toluene, among others, so that our
general public and our customers in no shape and form their heath is
not compromised.
So we do have contingency in place. The answer is, yes, we'll
shut down the well and other wells if it's progressed to be
contaminated, and we have contingencies to move our program more
from lime softening treatment to RO and nano membrane because of
the fact that we have margin of capacity for the future we can
capitalize on. That will give us to build additional wellfields.
Alternatively, we can remediate contaminated site within six months
to 18 months and recover the wells that we shut down before
contaminated, and that's the monitoring process that -- if there is a
contaminated site, we would prefer a monitoring plan in place that is
proactively monitored so that remediation on site, decontamination
on site, starts immediately. If you don't know contamination is
happening, we're blindsided.
CHAIRMAN TAYLOR: That was my next question. So, at
this point we don't have any monitoring -- that was my question. We
do not have any monitoring of this well assuming -- assuming this
goes forward and we, incredibly, place a gas station in a wellfield, we
October 26, 2021
Page 57
do not have any monitoring for this, correct?
DR. YILMAZ: Commissioner, yes and no. Yes piece, we
monitor the well itself. We do not monitor potential risk at the
boundaries -- property boundaries of the contaminant sources, in this
case, let's say gas stations.
CHAIRMAN TAYLOR: And what would the monitoring
consist of?
DR. YILMAZ: Three to five wells at the property lines, like
used to be. Most gas stations used to have, some of them still do,
monitoring wells to make sure that if there's any contamination, our
Pollution Control Department would notify utilities. In this case,
could be City of Naples utility wellfield. It could be Immokalee. It
could be water/sewer and what have you. So that's a program
between our Growth Management and our Public Utilities we used to
have.
CHAIRMAN TAYLOR: We used to have.
DR. YILMAZ: Yes.
CHAIRMAN TAYLOR: And what happened?
DR. YILMAZ: Currently we do not have that.
CHAIRMAN TAYLOR: And is this for a gas station anywhere
in Collier, or is it specifically for a gas station close to a wellfield?
DR. YILMAZ: The latter, gas stations close to wellfield.
CHAIRMAN TAYLOR: Thank you.
Any other questions of -- Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. On the monitoring
side, and that was -- I was going to bring that up. Would it help you,
if you had monitoring wells on the perimeter of this particular site
both for the residential wells in close proximity and the municipal
wells that are to the north?
DR. YILMAZ: Absolutely, right on.
COMMISSIONER McDANIEL: So one of the things that I'm
October 26, 2021
Page 58
going to suggest is that the developer, as part of this process,
assuming it's approved and a gas station, in fact, goes in, that the
developer puts at least three to five wells in proximity around this site
and that we, the county, take over the monitoring of those wells and
any potential offsite spillage that comes along so that we take
proactive steps to secure the health, safety, and welfare of our public,
number one.
Number two, there was a long -- I don't know if you watched the
Planning Commission meeting on this project, but at the end our
Planning Commission came back with some suggestions of some
enhanced regulations, if you will, over and above the state
requirements by the Florida DEP. And so one of my thoughts when
I was watching that -- because that can end up in a quagmire of
regulation, not that we're not there anyway.
But one of my thoughts were that -- because we already know
there's a gas station on this site, or right across the street from
this -- it's been there for a millennia. It's been there for a long, long
time on the northeast corner of Wilson and Golden Gate Boulevard.
And that we as a municipality that supplies public water start to take
proactive steps to protect the health, safety, and welfare of our
community, and installing these monitoring wells -- they're relatively
inexpensive to put in. The monitoring well is resources less than
$10,000 per well -- and that we take on that responsibility on existing
projects that are already there and in proximity to our wellfields, and
then imposition of these monitoring wells on new projects going
forward, which is what I'm going to suggest today on this project, if,
in fact, it goes forward, that the developer -- we require the developer
to put the monitoring wells in, pay for those installations, and then
the county will take over the monitoring of such and the management
of those wells after the fact.
CHAIRMAN TAYLOR: Okay.
October 26, 2021
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COMMISSIONER McDANIEL: Would that help you?
DR. YILMAZ: I think that would be a very prudent program,
and that will put our utilities and other utilities in the county to be
much more responsive and be able to identify potential risks coming
at them and giving them breathing room for them to make
adjustments to meet the demand. And I think that what you just
proposed, Commissioner, is more than acceptable, and I think that as
far as helping our developers and the landowners, we will take the
responsibility of monitoring, chain of custody, sampling, laboratory
costs, as staff.
And the tactical piece will work with our leadership; however, I
think that our Pollution Control under leadership of Matt McLean,
our licensed professional engineer there, we can establish so that not
Utilities monitoring it, but we have a Board of County
Commissioners' Pollution Control monitoring those wells through
their NELAP certified lab and providing information to water/sewer
districts, including us, and I think that would be a very good chain of
custody, prudent program to put in place.
COMMISSIONER McDANIEL: And that would ensure our
community that we're taking proactive steps to protect the health,
safety, and welfare of our community, give us information well in
advance of relying on an applicant who has a 10- or
12-dollar-an-hour clerk filling out the state reports to talk about
potential accidents that could, in fact, transpire and an error or
someone forgetting to report a spill along those lines. If we did that,
mandated it, the monitoring wells on this site, and then, where we
can, do it on other sites in proximity to facilities that could provide
contaminates to our wellfields.
CHAIRMAN TAYLOR: I do have a question. What is the
cost per well to monitor it?
DR. YILMAZ: It's site specific. It can be 8- to 10,000, no
October 26, 2021
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more than 12,000. Those are 2-inch monitors.
CHAIRMAN TAYLOR: Those are the wells themselves, but
to monitor it, to monitor, to actually create the document that you can
read and -- you know, or pollution can read to constantly monitor,
what's the cost per well?
DR. YILMAZ: We'll get that to you, Commissioner. Our
preference would be take the burden of the cost, have our own
NELAP certified labs independently done by Pollution Control or
outside lab contracted by Pollution Control, and then we will be
notified by them, among other, in the future, water/sewer districts so
that we're not monitoring well. We have a third party which is under
Board of County Commissioners. Water/sewer district is under
governing board. Two different entities. Then you extend that to
countywide, then you've got Immokalee water/sewer district.
So what I just did here from our commissioner of the district,
coming up with a program where, as Board of County
Commissioners, you're establishing reasonable common sense,
proactive monitoring for all wellfields for City of Marco, City of
Naples, Collier County water/sewer district, and Immokalee
water/sewer district, purely and simply common sense approach.
CHAIRMAN TAYLOR: Thank you.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Hey, Doc. Commissioner
Taylor asked you if we currently do monitoring. You said we used
to, but we don't any more. Monitoring isn't a billion dollars. So let
me ask you, why don't we do it anymore? Was it a budgeting thing,
or it's just not required, or why did we -- why the change?
DR. YILMAZ: Very good question, sir. Mostly change in law
at state level. Monitoring wells for the stations were required by the
state, and monitoring was done by the gas stations at their cost, and
reporting requirements were to the state.
October 26, 2021
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County governments, not all, but some of them, were contracted
under an agreement to do the job. But it was a state program
required by state, and later state program start moving away from it
for a good reason, because of the fact that state had a plur [sic]
program, among others, replacing all single-wall tanks to dual-wall
tanks. And that provided additional preventative measures. So our
industry, our fuel all the way from bulk supplies to distribution
industry enhanced and advanced their infrastructure to the point that
state thought on-site monitoring may not be prudent for all stations,
but it might be prudent for stations near critical infrastructure.
COMMISSIONER LoCASTRO: Okay. So my next
question's for you, Mr. Bosi. So, you know, there -- and maybe
we're not this far along in the design. But is -- the design of the
tanks, do they have additional robustness to either have multiple
membranes, multiple layers, you know? Is it -- do you know any of
those -- I mean, if you're putting a tank that close to a well, you want
the best possible option, not the cheapest -- you know, the cheapest
option from the cheapest contractor. And, I mean, I'm sort of
simplifying the question only because you guys talked with me all
this week, and all the big questions were answered. But do we
know -- you know, are we taking -- are we taking extra steps to make
sure whatever's put in the ground next to a well is of the most robust
and has the most, you know, second and third types of, you know,
safety measures, I guess?
MR. BOSI: And I will have to defer to Ms. Cook on that. It's
just a little outside of my wheelhouse of expertise, but I think Jaime
could probably speak to it a little bit better.
MS. COOK: Jaime Cook, your director of development
review.
So as Dr. George mentioned, all tanks are now required to be
double-walled, so -- and in between these two layers, there is an
October 26, 2021
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alarm monitoring system so if a leak is penetrated through that inner
wall, the alarm will sound and notify the gas station that there is a
potential leak, and they can shut down the system at that point. So
there is a secondary wall as well as that alarm system in place.
COMMISSIONER LoCASTRO: Thanks.
CHAIRMAN TAYLOR: No other questions. Where are we?
MR. CALLAHAN: Madam Chair, you do have significant
public comment on the item.
CHAIRMAN TAYLOR: Yeah, I was going to say, I saw you
wandering around and looking -- I saw you, but you're -- okay, good.
Yes. Public comment.
MR. MILLER: Madam Chair, we have 10 registered speakers
for this item. Your first speaker is Nancy Lewis, and she'll be
followed by Linda Wallen. I would again ask the speakers to queue
up at both podiums.
MS. LEWIS: Good morning, Madam Chair, Commissioners.
For the record, Nancy Lewis, resident of District 2, North Naples.
After hearing everything, I'm still requesting the denial of the
recommendation to approve the resolution of the Board of Zoning
Appeals that would waive the Land Development Code Section 5.05
to allow a fuel station's pump placement to deviate from the standard
500-foot separation distance.
We've determined that the site is located in close proximity to
the Tamiami aquifer. The actual proposed site is going to have 16 to
20 fueling pumps, whereas the existing one currently only has eight.
The applicant is requesting the county, the Board -- you are the board
responsible, as Commissioner McDaniel said, for setting policies to
protect the health, safety, and welfare of the residents of Collier.
So they're asking you to approve the placement of fuel tanks
close to the proximity of the drinking water for thousands of people
in Collier County. Are you willing to do that without ensuring the
October 26, 2021
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public safety by actually putting those regulations in place that will
require them to install the wells and actually include spelling out of
the monitoring so it is accountable to the public?
If -- what Jaime just said, it has an alarm, how do we know that
the station owner is actually going to report -- you know, do
something about that leakage? It could be an after-the-fact and too
late. Then what do we do?
So I ask you, if you are going to approve it, to make sure the
plan's in place to secure the public safety. Thank you.
MR. MILLER: Your next speaker is Linda Wallen. She'll be
followed by Timothy Wallen.
MS. WALLEN: Good morning, County Commissioners.
Hello. I'm Linda Wallen, and I'm here -- excuse me for reading, but
I get nervous, so I want to make sure I have everything written down.
But I'm here for the shopping center versus Shy Wolf on Tract
C. And -- okay. So in -- okay. So I have lived in Golden Gate
Estates for 26 years, and it's beautiful, and we've got acreage out
there. And I've been here so long I could be a realtor because I've
been all over Golden Gate Estates and Collier County boating and
everything.
And I have lived in Golden Gate Estates for 26 years. I've
participated in all the monthly meetings through these 26 years,
including the planning and situations that -- of listening of
everything, and I've heard what residents do and don't want. And
they -- but at the time, years ago, that they wanted a store in Golden
Gate Estates, so they tried to get one. So the shopping center was
approved and built on the south corner, and that -- the one that
Richard Yovanovich had mentioned that was in Golden Gate Estates,
and -- but has not been able to keep full -- anybody in the stores. It's
always empty, and it's -- it keeps failing, and it's always trashy
looking in the back.
October 26, 2021
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So putting in another shopping center on the opposite corner
when the one already has failed, and insufficient septic -- and it has
insufficient septic for big stores. And the traffic on Golden Gate
Boulevard, especially that corner, already is busy and always
accidents. I constantly hear sirens.
So what does make sense is having a shopping center off
Randall Curve, because it already has tiny stores that are always full,
and Immokalee is always busy. And the people passing through that
are traveling that are coming from Immokalee, and the only -- once
they get past there, the only other place to go is all the way to Collier
County -- Collier Boulevard and Immokalee, and that's a long way
from the Randall Curve to find something to stop and get something
to eat.
And so -- but, on the other hand, placing Shy Wolf on Tract C
on Golden Gate Boulevard by Wilson makes more sense. They are
already part of Golden Gate Estates, and they need a larger place, and
what's more perfect to keep them in the woods in Golden Gate
Estates instead of next to busy Immokalee where all the animals can
hear all the cars and the traffic and everything. It doesn't make
sense. And they'll provide education in Golden Gate Estates, animal
health and uses for hurricanes and stuff.
So, please consider and keep Golden Gate Estates Boulevard
[sic] beautiful and definitely switch it, give us the animals. And also
the gas stations -- and I have a minute -- definitely make sure,
because I'm right there where the gas station's going, so, yes, what the
other lady had just mentioned, make sure that that -- the owner, when
he sees something wrong, that he contacts all of you, because, yes,
that's important.
So thank you very much. Have a great day, and Happy
Halloween.
MR. MILLER: Your next speaker is Timothy Wallen. He'll
October 26, 2021
Page 65
be followed by Chad Everett.
MR. WALLEN: Hello, everybody. Tough to say everything
in three minutes, but this is 13 years in the making, this shopping
district right here. This all started about 12, 13 years ago.
It went to dozens of neighborhood information meetings, tons of
meetings. We developed the master plan. We came up with what
we agreed upon. It just never -- never transponded. It just never
came to being a reality. There's no septic, no water there to support
a Publix or big, you know, shopping district there.
When Shy Wolf came about and we talked about switching the
land use and moving it over to Randall, it seemed like everybody was
in coherence with that. Everybody liked the idea of it. It seems like
it works for everybody.
You know, it was just in the wrong place, honestly, the 40 acres.
The road can't handle it. Kind of like what my wife said, you know,
there's just too many negatives with putting it right there on the
Boulevard. It's already super busy going to work in the morning.
For the people that are on the east side of Wilson, it's almost
impossible to get through that light. If they would have put that
shopping district and restrained it so bad, it would have made it
miserable for people trying to go to work. We support it.
I agree completely with the gas station. We need a gas station
so bad. I think it still should be rec fuel, and diesel should be a
prerequisite out there, if it could. The wells and the monitoring I
totally agree with, but a gas station is imperative for us out there.
The one at the 7-Eleven is just impossible to get in and out of and do
anything right there. So we completely support switching.
COMMISSIONER McDANIEL: Before we go to the
next -- can I ask him a question --
CHAIRMAN TAYLOR: Of course.
COMMISSIONER McDANIEL: -- if I may, please.
October 26, 2021
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I just -- because you and I have worked on these projects, as you
said, for 12, 15 years now, I know that last week I had some direct
communications with the applicant, the folks at Shy Wolf. Have the
adjustments to the proposed site plan for Shy Wolf been made and
are to your satisfaction?
MR. WALLEN: Totally, totally. They have completely
flipped things around. The way they had originally drawn, just, in
our opinion from the neighbors' side, it didn't make any sense. And
communicating with them over the past couple of weeks, they have
fixed all the problems and all the issues there, so 100 percent.
COMMISSIONER McDANIEL: Outstanding. Well -- and
that was -- I wanted that to be said, because there was an enormous
amount of cooperation by the applicant and by the folks at Shy Wolf.
The community at large is necessarily welcoming the Shy Wolf, but
there were some intrinsic design issues with the Shy Wolf plan that
they worked with the proximity neighbors and made those necessary
adjustments. So thank you.
CHAIRMAN TAYLOR: Thank you.
Excuse me. Commissioner LoCastro.
COMMISSIONER LoCASTRO: So Shy Wolf already knows
they have my full support. My question comes down to the gas
stations. And so if you could enlighten me a little bit more when
you say, you know, the gas station on the opposite corner, it's the
7-Eleven one, why is it impossible to get in and out of there? I
mean, in District 1, I seem to have a gas station on every corner, and
on every opposite corner is a storage unit. So, you know, I'm sort of
a little cautious about, well, we've got a bad gas station, so let's just
throw a competition one on the other corner. And I'm not saying
that -- I'm saying that to sort of lead you into -- give me an answer as
to --
MR. WALLEN: And I'll answer that, okay. So when it was
October 26, 2021
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E's, it was twice the size, the actual convenience store, number one.
It shrunk down in size when the guy sold it to the 7-Eleven.
The way the pumps are situated in there, they're kind of
diagonal. If you're pulling a trailer or, you know -- like, there's a lot
of lawn people, a lot of trucks and trailers and stuff out there. You
can't get in and out of that parking lot. It's impossible, and it's
just -- it doesn't support the need of us out in the Estates, you know,
especially, like, when a hurricane comes or something, you know.
Getting gas is next to impossible out there if a storm comes.
COMMISSIONER LoCASTRO: So those trailers do gas up
there, but they block the whole area, so --
MR. WALLEN: Yeah. And you can't even get in and out of
the convenience store parking lot when there's a trailer there, you
know, just -- it blocks the whole way. And the egress and coming in
and out of that gas station is really difficult.
COMMISSIONER LoCASTRO: Okay. Thank you.
CHAIRMAN TAYLOR: All right. Thank you. All right.
MR. MILLER: Your next public speaker is Chad Everett.
He'll be followed by Liz Harmon.
MR. EVERETT: Hello, good morning. Welcome, everybody.
Thank you for having me.
First, the projects I know are really confusing to us, the public,
of switching, you know, Shy Wolf to this area. It's been very
confusing to all the residents within the area.
That being said, this project obviously is connected to the one
that is coming up next that you're talking about. We will take Shy
Wolf over 400 apartment complex units in a heartbeat on Immokalee.
Yes, the traffic was brought up. Well, what about the traffic of
adding another 900 cars in that little area by putting those apartment
complexes on the corner?
So let's -- show this real quick. Can you show that? I think
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Collier County needs to slow down a little bit on all this building and
stop putting the carriage before the horse.
I think there's a real big problem in this county, and it's on your
shoulders. You guys represent us. The carriage is not in front of
the -- I mean, the horse is not in front of the carriage here in Collier
County anymore. So let's get that horse back in front, meaning the
roads.
So let's look at that corner. A lot of you guys might not be
familiar with Immokalee and where that curve is. And the reason
why I'm bringing this up is because, obviously, we'll take Shy Wolf,
put the apartment complexes in the city. We moved out there to be
out there. We didn't move out there to have apartment complexes
being built.
So let's look at -- let's look at this mess, okay. We have
developments that you guys have proposed that are going to happen
all those -- do you see that big green and the green over there and the
green all the way out there?
CHAIRMAN TAYLOR: Will you orientate us here? We
don't see streets.
MR. EVERETT: Okay. So this is, right here, that is
Immokalee, that yellow area right here. This area, this is where
they're proposing the new shopping center with the
400-and-something apartments.
CHAIRMAN TAYLOR: Okay.
MR. EVERETT: So if you look here, this is Immokalee Road.
It curves. It goes down on the yellow right here. This is Golden
Gate, this whole community here, here. This is my house over here.
So this is our area right here. I knocked on everyone's door over
here, every single door, all neighbors, even over here, none of them
knew about a 450- or 400-apartment complex being proposed right
here. They knew about the bus thing; they knew about the thing
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switching out there. No one -- I went door to door. I got a petition
here of 1,200 people, over 1,200 people do not want the apartment
complex. They don't mind having shopping, especially -- the
number-one request was Lowe's or Home Depot. Can we have one
out there? Please. That was the number-one request. Besides that,
they'll take a big box store.
But think about the residents. Think about the residents in this
area. This corner gets accidents every day. It's an F road. Your
Collier County employees said that's an F road. It's a mess. And
there's talk about a bridge going over. There's talking about this and
that. There's no budget for that right now. So let's not put the
carriage before the horse.
Right here in this area is going to be a new development. Go
ahead. There's a new development right here that's going to be
proposed -- I mean, that's already proposed and happening, and
there's one over here, and there's one over here.
So this corridor, if we can please have at least something that
doesn't bring more apartments and residents to this area.
CHAIRMAN TAYLOR: Thank you.
MR. EVERETT: I know my time's up. I'll speak later.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Liz Harmon. She'll be
followed by Deanna Deppen.
MS. HARMON: Can I waive my time to Deanna, please?
MR. MILLER: Sure. Deanna Deppen will be your speaker,
then. She's been ceded time from Liz Harmon; Karen
Freeman -- can you raise your hand, Karen? Oh, I see her. Thank
you. Susan Novotny?
(Raises hand.)
MR. MILLER: And so Deanna will have a total of 12 minutes.
MS. DEPPEN: Good morning, Commissioners. I don't think
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I'll need that long. I just want to say thank you and thank you to
everyone in the community.
It seems almost like there's a fight to have Shy Wolf next to
them, and we're happy to be that popular, honestly, and that people
see the value that we provide to the community.
I am Deanna Deppen. I'm the executive director. We do have
our founder, Nancy Smith, here with us, and a few of our supporters.
And we all wish to thank you for the due consideration you're giving
to this.
We know there are a lot of moving parts. There are a lot of
things to be considered as far as the gas station and the commercial
being more out towards Immokalee Road. We do feel that it is
better served being at that location from everything that we've heard
at the different meetings and everyone we've talked to. That's a
larger road. It can handle more traffic.
We do feel like Shy Wolf can enhance the other area and the
businesses that are right there on that corner. Someone mentioned
that some of the businesses do struggle to stay in business at that
corner, and just having our sanctuary there with the limited visitors
and the people that we would draw to the area could potentially
benefit those businesses as well as providing jobs as we expand and
offer more services and provide the Cat 5 shelter for not only our
animals but for the community as a whole.
So everything we've done over the years, taking in animals no
one else would rescue, sharing their stories to educate the
community, creating character traits, lesson plans with the public
schools now, helping veterans and children through our Healing
Hearts Program, everything that Shy Wolf does is about the
community, and we see that this is an opportunity for us to do even
more.
So thank you.
October 26, 2021
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CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Madam Chair, we have two more speakers.
Patricia Holt, do you want to speak, ma'am?
MS. HOLT: Yes.
MR. MILLER: Okay. You're next. And Patricia will be
followed by, online, Cyndee Woolley.
MS. HOLT: Hello, Commissioners. My name is Patty Holt.
And I'm going to tell you I just retired. And the reason why I'm here
is for Shy Wolf Sanctuary. I know we've been looking at a lot of the
stuff, but I have to agree with a lot of things that you have been
saying about the traffic. I tell you what, it took me an hour to get to
work working at Shadowlawn Elementary School. That's a long
time.
And also, I'd like to thank Mr. Burt Saunders for saying about
the noise ordinance. Living out in the Estates, I also have animals.
And some of the noises and some of the music gets a little out of
hand out there, which disturbs everybody.
But the reason why I'm talking about Shy Wolf Sanctuary being
there, look at it this way. My forte is working with at-risk juveniles.
Now, think about this. When you were younger and you got to go
and see animals, your whole kind of personality changes, because if
you look about it, the people that become criminals and really bad
kids are the ones that are shooting cats and destroying little creatures.
So they say because of that empathy that people have working
with the creatures, with the animals changes your personality. And
have you ever been to Shy Wolf Sanctuary? I'm telling you what, it
is amazing.
Working with animals for -- I used to work at the zoo if anybody
knows me in here, which a lot of people do, I used to train African
elephants, chimps and everything. But working with them, they are
so cautious with -- about you have to start at a certain area. Hey, I
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trained tigers, elephants, and chimps. No, Patty, you have to rake
before you do anything. So I had to step me back, which is good.
So what I'm bringing to you is the educational part that they will
have. The stuff that they are coming up -- and it's going to be bigger
and better where they're going to change kids and adults because
they're going to learn about nature. Because we have a lot of nature
out in the Estates. That's the whole reason why I lived out there.
I've been out there for, what, almost 30 years, and I have
seven-and-a-half acres. So I love nature. Anything that comes to
my house, yay.
But just think about that. Please give the Shy Wolf Sanctuary
the opportunity to change the Estates.
Thank you so much for letting me come up and talk. Thank
you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your final speaker on this item is an online
speaker, Cyndee Woolley. Cyndee, you're being prompted to
unmute. And there you are. Cyndee, you have three minutes.
MS. WOOLLEY: Good morning, Commissioners. For the
record, my name is Cyndee Woolley, and in total transparency, I am
one of Shy Wolf Sanctuary's contractors. I support marketing, PR,
and community outreach efforts.
I am aware of the individual zoning questions that you're
addressing in this complex project, but my support is more of a
general statement in support of both projects.
It isn't often that individuals get to see projects go through the
entire multiyear process. It's easy to lose track of the intent and the
input from key stakeholders from two, three, four years ago. But
from the point that I've been involved, I can tell you that each step of
the way community input has been sought; otherwise, there would be
a bus barn that's probably being built and open today at Randall
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Curve.
In 2018, I personally attended multiple community meetings
hosted by Commissioner McDaniel prior to the approval of the sale
of the Randall Curve property to Crown Management, and Golden
Gate Estates residents approved of that proposed mixed-use
residential project because it would give them better access to
much-needed commercial services.
Additionally, through the approval of this rezoning, Shy Wolf
Sanctuary will have a new home to continue its mission to heal hearts
and minds through rescue, sanctuary, and education.
I've been on dozens of calls with the Shy Wolf team, and I can
assure you personally and professionally our team is committed to
being good neighbors, preserving the trees and the environment on
the property, following all regulatory laws ensuring the safety and
health of the resident animals as well as contributing to a better care
and treatment of all exotic animals.
Commissioners, I urge you to approve the zoning applications
for the Estates Shopping Center and Randall Curve properties with
any modifications you deem necessary because it is in the
community's best overall interest.
And, in closing, I'd just like to say, thank you all for your
service.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Madam Chair, that was our final speaker for
this item.
CHAIRMAN TAYLOR: Thank you very much.
I think what I'd like to do is bring staff up before
commissioner -- or Mr. Yovanovich has a closing and before I take
Commissioner McDaniel's question, because I'd like to ask staff a
question.
You mentioned that there's nothing in the regulations, and you
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don't have the regulatory authority. And speaking with Deputy
County Manager Amy Patterson yesterday, she mentioned there is
some -- you are bringing forward a revised wellfield ordinance for
the sake of -- something that has more enhanced regulatory features
in it. Can you please explain what we don't have and what you want
of as a -- what you want as staff?
MR. BOSI: From -- Mike Bosi, Planning and Zoning director.
The specifics of that is more -- would be more from an
environmental perspective, Pollution Control perspective, and
Ms. Patterson would probably be the --
CHAIRMAN TAYLOR: Okay. Thank you.
MS. PATTERSON: I would suggest that we have Matt
McLean, director of Capital Project Planning, come up, as Pollution
Control is under his purview.
CHAIRMAN TAYLOR: Thank you.
MR. McLEAN: This is Matt McLean, your director of Capital
Project Planning, Impact Fees, and Program Management.
We do have a wellfield protection ordinance that currently is in
existence today, and we do desperately want to continue to update
that. It will involve some additional modeling to continue to look at
the current wellfield zones that we have, and we do look forward to
make that something that moves forward for us.
We know that the wellfields are very important for us.
Currently, the one that we have exist does have some areas that
allow -- has defined uses that are allowed and prohibited, and based
off of the continued modeling, we do want to do a deep dive into that
to continue to enhance the protection of our wellfields in Collier
County.
CHAIRMAN TAYLOR: Okay. Be specific.
MR. McLEAN: Related to?
CHAIRMAN TAYLOR: What -- what don't -- what uses are
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you going to -- are you anticipating, contemplating?
MR. McLEAN: We're anticipating to look at all of the uses,
particularly even the use like we have in front of us today, to continue
to revisit whether or not the current regulations that we have on our
wellfield protection areas are adequate or if we need to make them
more restrictive through that study.
CHAIRMAN TAYLOR: Contemplating, perhaps, even
removing some of the uses; is that correct?
MR. McLEAN: It could be adding use, removing uses,
modifying uses, yes, all of the above.
CHAIRMAN TAYLOR: And when do you expect this to come
forward?
MR. McLEAN: Currently right now we do not have it
programmed. We do want to put -- we do think that that's something
that we want to start the initiating on as quickly as we can, certainly
within the next year or so. But we're looking to bring that back to
the Board. As it was an item that was started, we know that we need
to do some initial modeling for it. So that would be our next step is
to do the modeling and then update our respective overlays for those
particular zones and bring it back in the form of a Land Development
Code amendment.
CHAIRMAN TAYLOR: So do you anticipate that these -- this
ordinance will be even more -- prohibitive is not the word. But that
the monitoring wells will -- the concept of the monitoring wells, this
ordinance -- this LDC amendment that you're bringing forward, I
think that's what it would be -- would have more stringent restrictions
and also, perhaps, enhance the monitoring aspect of it?
MR. McLEAN: I think it's a little too early to tell relative to
the monitoring. I do believe that there will be several discussions
relative to uses within the wellfield zones that we have, and there will
be recommendations within that that are currently likely more
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restrictive in some cases and perhaps less restrictive in others as we
go through that research.
CHAIRMAN TAYLOR: Could I ask Dr. George to come up
again, please.
DR. YILMAZ: Yes, ma'am.
CHAIRMAN TAYLOR: Dr George, what is the cost per
gallon, if that's the way you measure it, of taking water from our
aquifer and making it potable? And what is the cost if we do
the -- is it ROI or, anyway, the lower aquifer, which is saltier? What
is -- what is the cost? Because I think there's a fairly large
differentiation, right?
DR. YILMAZ: I want to give you short answer first,
Commissioner, and then I want to paint the picture, if possible.
We have about 40 percent permanent capacity for Lower
Tamiami aquifer. We have about 30 percent Lower Hawthorn,
which is brackish, and 30 percent which is Mid-Hawthorn, also
brackish. They are nano and aero filtration process. So they are
deeper aquifer systems.
So I think that, as Matt indicated, modeling -- modeling will
entertain what aquifers needs to be protected for what type of land
activities. Land activities impacting Upper and Lower Tamiami
aquifer may not be as high impact in terms of time and space for
Lower Hawthorn or Mid-Hawthorn aquifer.
So having said that, your question was what was the cost.
Because of the fact that we blend our water supply and water
production, our cost is blended cost --
CHAIRMAN TAYLOR: Okay.
DR. YILMAZ: -- for the purpose of per thousand gallon, and
we can provide you that information. It changes every year
depending on the cost and utility CIPs. We'll paint that picture more
accurately as a follow-up.
October 26, 2021
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CHAIRMAN TAYLOR: But would it be safe to say that a
membrane, nano membrane in the ROI -- is that correct, ROI
process?
DR. YILMAZ: Yes, ma'am. Nano membrane cost is very
similar to lime softening, which is the older technology, doesn't use
any high pressure, high energy. But nano membrane has much more
yield and cost associated with it, very similar to lime softening.
So the rhetoric and the discussion on cost related to water
supply, we already normalize that, so that's not an issue.
CHAIRMAN TAYLOR: Okay. Thank you.
DR. YILMAZ: Yes, ma'am.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: My question was for staff.
CHAIRMAN TAYLOR: Go ahead, please.
COMMISSIONER McDANIEL: Mr. Bosi and/or Jamie,
one -- I'm not quite sure.
One of the public speakers brought up a subject that I wanted to
just touch on, and that was during emergency periods of time when
hurricane strikes, if I recall, we now have measures in place for new
construction of gas station facilities to have alternative power sources
to be able to overcome the lack of power. Is that going to be the
case here if a gas station is approved for this site?
MR. BOSI: Correct. All gas stations have to prewire for a
generator to be available within those periods. So yes, yes, sir.
COMMISSIONER McDANIEL: Did you have something to
add there?
MR. FRENCH: I do, sir. Thank you. For the record, Jamie
French with Growth Management.
Sir, not only do they register, it's based off the -- and that's by
statute. So just for some clarification, they record, whether it be a
transfer switch or whether they have a generator on site, which is also
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permitted, and then that way we'll know, if there's any relationship or
any recording with the State of Florida as they reach out to us in
times of emergency, we've got that on record as far as what their
power needs are to provide service to that location, and that would be
defined as the pumps and also the ability to make payment.
COMMISSIONER McDANIEL: Okay. Good. Thank you.
CHAIRMAN TAYLOR: All right. Thank you.
COMMISSIONER LoCASTRO: I've got a question for you.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So what does that 7-Eleven
have? They put in generators, or they put in a transfer switch since
Irma, or maybe they had one already, or do we know?
MR. FRENCH: So I happened to be 13 years old, and I lived
two streets away from that 7-Eleven when it was called George's, or
G's, and then he and his son Doug worked it.
UNIDENTIFIED SPEAKER: E's.
MR. FRENCH: No, E's was Blas Elias and Burt Eisenbud.
They brought it afterwards so, yes, I appreciate that.
They did -- that requirement did not take place, really, after
Hurricane Charley. And it's based off of location. So if you're a
designated evacuation route, you have a certain number of pumps.
This is a very small gas station. I believe it's only got
maybe -- double-sided perhaps maybe about eight or 10 pumps. So
they -- I don't even think that they would qualify. But because they
did not expand or make any improvements beyond 50 percent of the
value, they would not have to comply with even the latest building
code or the development standards.
COMMISSIONER LoCASTRO: So, I mean, the advantage,
then, of the new gas station, if it was improved, it would have all of
those enhancements and things that the 7-Eleven lacks, correct?
MR. FRENCH: Absolutely.
October 26, 2021
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COMMISSIONER LoCASTRO: As well as the size and the
space and the maneuverability and all those things that came up,
right?
MR. FRENCH: Thank you, sir. And yes, sir, absolutely.
And, again, what they're seeking here is the distance not from the
wellhead, but the distance to the next gas station is what they're
seeking.
COMMISSIONER LoCASTRO: Okay. Got it. Thanks.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, I am ready to make a
motion, if you're ready to --
CHAIRMAN TAYLOR: I think we need to hear from
Mr. Yovanovich. I have a couple of questions --
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: -- if you don't mind.
COMMISSIONER McDANIEL: I don't mind at all.
MR. YOVANOVICH: Do you want to ask your questions, or
do you want me to --
CHAIRMAN TAYLOR: Are you going to -- before you sum
up?
MR. YOVANOVICH: Sure. Maybe your questions will be
part of my summary.
CHAIRMAN TAYLOR: All right. So what is the problem of
moving the gas station where it is currently plotted? You want to
move it closer. What -- what would be the problem of doing that,
moving it --
MR. YOVANOVICH: It's your 10 acres, if you want to give us
back the land. The gas station is currently located on the 10 acres
that's going to Collier County. Just so you know, it's still in the same
wellfield zone.
CHAIRMAN TAYLOR: Yep.
October 26, 2021
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MR. YOVANOVICH: That's always been in that same
wellfield zone since 2011. We're just simply shifting it a little bit
further to the east because that 10 acres is a county site. It's still
going to be in the same --
CHAIRMAN TAYLOR: Part --
MR. YOVANOVICH: -- wellfield rezone.
CHAIRMAN TAYLOR: Part of that tract is not in the
wellfield zone, but most of it is.
MR. YOVANOVICH: The existing gas station location is in
the wellfield zone.
CHAIRMAN TAYLOR: Okay. Thank you.
Any questions? Okay.
MR. YOVANOVICH: There were several things brought up,
and I'm sure they'll be brought up again. So I want -- I just want to
supplement the discussion a little bit on how the double-wall tanks
actually work. They actually shut off if there's a leak, and there is a
monitoring system. You're not just relying upon the gas station
operator to let people know that was an internal leak. So as
George -- I'm sorry -- Dr. George mentioned, the technology has
changed so significantly that the level of concern, i.e., regulation has
actually gone down because of the technology and the improvements
related to gas stations and how they operate.
The question or the statements regarding outdoor amplification,
my assumption is, with two opposed, that will come out. I can do
the math, so we will, obviously, agree to take out the condition
regarding amplification.
I think that, generally, the neighborhood is very, very supportive
of what we're proposing to do and proposing to change here at the
Estates. I'll get into in greater detail the Randall Curve when we
actually present that item. But with that, we're hopeful that you will
follow the county -- I'm sorry -- the Planning Commission's
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recommendation and staff's recommendations, as we've now
modified the application to take out outdoor amplification.
CHAIRMAN TAYLOR: And, excuse me, because I think
you're about ready to make a motion. Would you consider making
any amplified music a conditional use?
MR. YOVANOVICH: It's up to -- you know, it's six of one,
half a dozen the other. I've still got to get four out of five if I were to
do conditional use. Well, actually, I wouldn't anymore. I've got to
go to the HEX.
And I'm not sure, based upon most recent discussions, that at
least two of the commissioners would be comfortable with that.
CHAIRMAN TAYLOR: But -- no. It would be amplified
music would be conditional use. You get a complaint. You go to
the HEX. You get another complaint, you go to the HEX again.
MR. YOVANOVICH: What I understood Commissioner
McDaniel to say, special event permit only.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SAUNDERS: That's what I would --
MR. YOVANOVICH: That's what I've heard.
CHAIRMAN TAYLOR: So your restaurant isn't going to have
music amplified inside?
MR. YOVANOVICH: Oh, inside. I don't think that was the
issue. The issue was outside.
CHAIRMAN TAYLOR: Amplified music, doors and windows
can stay open, sir?
MR. YOVANOVICH: Well, we haven't heard -- we haven't
heard any complaints from neighbors or concerns from neighbors
regarding what's inside. It was the question, and from staff, was
always what was going to be outside. And I don't think you require
that of other restaurants.
CHAIRMAN TAYLOR: Not yet.
October 26, 2021
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MR. YOVANOVICH: Well, you know -- you know, whatever
the majority or the supermajority decides on that issue, but I think
requiring a restaurant to come in to have a conditional-use process
that takes six to nine months to determine whether or not they can
have indoor music seems a little harsh.
CHAIRMAN TAYLOR: Then, perhaps, the agreement for
that -- and, again, this would be voluntarily, you know, absolutely
that the doors and windows need to stay shut so there's no -- so
there's no opening doors and windows with loud music inside.
Sports bars.
MR. YOVANOVICH: You know, at some point -- you know,
you all do have a noise ordinance, and I would hope that at some
point -- if we're going to -- if you're going to apply that to every
restaurant in Collier County from this point forward that says you
can't open a window and you can only open the door to go in and out,
we're all in. I just don't know that you should be singling out in our
application that particular request when I haven't heard residents say
we don't want a restaurant there with indoor -- I can't even have a
TV?
CHAIRMAN TAYLOR: Yes, of course.
MR. YOVANOVICH: I mean, that's amplified.
MR. KLATZKOW: The current zoning on this, just to point
out, is that you are not allowed outdoor music or televisions and no
windows or walls open to the outside except as required by code.
That's the current condition that you are asking to be struck.
MR. YOVANOVICH: And I'm fine with that. I'm fine. If
she's asking me to go back to what the current code says, yes, the
current PD. PUD, sorry. Wrong jurisdiction.
COMMISSIONER SAUNDERS: And that's what I was
looking for, per the current rules.
CHAIRMAN TAYLOR: Yeah, that's fine. Good. Are we in
October 26, 2021
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agreement?
COMMISSIONER LoCASTRO: But just before you make a
motion, I wanted to say a couple things because it might help shape
your motion if you're looking for my vote, okay. So here's the things
I've heard here that I'm concerned about or maybe don't have a
concern because you're going to put them in your motion.
Enhanced monitoring of the gas tanks is already there. It's all
part of, you know, what the current code is, so I got that. But I hear
from Dr. George that there's enhanced monitoring that could be done
of the wells. It's not a billion dollars, and if I heard Commissioner
McDaniel right -- and I don't want to put words in your mouth
that -- but did I hear you right that the applicant could absorb the cost
of that so we have triple safety coverage of the wells and the gas
tanks? Is that -- am I surmising it correctly, or no?
COMMISSIONER McDANIEL: Why don't you let me speak,
and you don't have to --
COMMISSIONER LoCASTRO: Yeah, yeah, okay. So I
wanted to make sure. And then I only care about the outdoor noise.
So I think we've already sort of, you know, hashed that out. So as
part of the motion, I think the County Attorney summarized it fine. I
think -- and I also think part of your initial motion was special event
approval, not blanket approval and so, you know, I thought I would
just say that so that, you know, we could sort of -- we wouldn't
jockey back and forth. But it sounds like we're not going to, so that
sounds great.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Are you ready?
CHAIRMAN TAYLOR: I am.
COMMISSIONER McDANIEL: Do you want to do these
individually, 8A, and then 9A and B?
CHAIRMAN TAYLOR: Yeah, we have to, different --
October 26, 2021
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COMMISSIONER McDANIEL: Then I'll make a motion for
approval on 8A -- well -- and it's tricky, because I have intention of
imposing the developer to put in the monitoring wells on the project,
and so the waiver of the 500-foot request in 8A is approved subject to
the developer agreeing to install the monitoring wells that the county
will then take over and physically do the monitoring. So if that
can --
COMMISSIONER SAUNDERS: Just add that to your motion.
COMMISSIONER McDANIEL: I'll add that to the motion that
that's, in fact, the case with regard to 8A. I'll make a motion for
approval subject to that.
COMMISSIONER SAUNDERS: Madam Chair, if I might
state, Mr. Yovanovich is nodding in the affirmative, that that's --
MR. YOVANOVICH: Right. I don't know where you're
going to put it, if you want to put it in the PUD or if you want to put
it put in the distance waiver.
CHAIRMAN TAYLOR: Put it everywhere.
MR. YOVANOVICH: Either way, we're fine. I think you
said three.
COMMISSIONER McDANIEL: No less than three, up to five,
depending on the requisites of our staff.
MR. YOVANOVICH: Okay.
COMMISSIONER LoCASTRO: I'd second that motion.
CHAIRMAN TAYLOR: Motion on the floor and a second to
waive the distance between gas stations and to install monitoring
wells no less than --
COMMISSIONER McDANIEL: Three.
CHAIRMAN TAYLOR: -- three and no more than five.
COMMISSIONER LoCASTRO: Paid for by the applicant.
COMMISSIONER McDANIEL: Correct.
MR. BOSI: Just for clarification, the monitoring wells, staff
October 26, 2021
Page 85
would suggest and agree that it should be in the PUD, because that's
the regulatory document that will be looked at when they come in for
platting or for SDP.
COMMISSIONER McDANIEL: I'll add it in the motion for
9A and B.
MR. KLATZKOW: And the second issue is who's going to be
doing the actual testing. Is it the county, or is it the gas station?
COMMISSIONER McDANIEL: No, no.
COMMISSIONER LoCASTRO: The county.
COMMISSIONER McDANIEL: It's the county doing the
monitoring. The developer puts the wells in, but the county does the
monitoring and such after the fact.
MR. KLATZKOW: And so the county will have access to
those -- because this is not our property. The county will have
access for testing purposes at any time?
COMMISSIONER McDANIEL: Correct.
MR. YOVANOVICH: Of course, yes.
CHAIRMAN TAYLOR: Okay. Motion on the floor and a
second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
Aye.
Carries 4-1.
I voted against it because I do not think it's appropriate. I don't
care what happened in 2011. It's just not appropriate to put a gas
station near a wellfield, period. Thank you.
MR. YOVANOVICH: You've got two more to go.
October 26, 2021
Page 86
Item #9A
ORDINANCE 2021-40: - AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 2011-30, AS AMENDED, BY
ADDING COMMERCIAL, PUBLIC, CIVIC AND
INSTITUTIONAL USES; OR, IN THE ALTERNATIVE TO SOME
USES, ADDING UP TO 12 RESIDENTIAL DWELLING UNITS;
REDUCING COMMERCIAL SQUARE FOOTAGE FROM 150,000
TO 50,000 EXCLUDING SOME USES FROM THE MAXIMUM
SQUARE FOOTAGE LIMITATION; ADDING DORMITORIES
AS AN ACCESSORY USE ON TRACT C; REMOVING
OUTDOOR MUSIC PROHIBITION; REMOVING SINGLE
COMMERCIAL USE AND BUILDING SIZE LIMITATIONS;
REDUCING SETBACKS AND LANDSCAPE BUFFER WIDTHS;
REMOVING PHASING AND DEVELOPER COMMITMENTS;
AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY IS 41+ ACRES AND LOCATED AT THE
NORTHWEST QUADRANT OF GOLDEN GATE BOULEVARD
AND WILSON BOULEVARD, IN SECTION 4, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA -
ADOPTED W/STIPULATIONS
Item #9B
ORDINANCE 2021-41: 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 ESTATES SHOPPING
October 26, 2021
Page 87
CENTER SUBDISTRICT OF THE ESTATES COMMERCIAL-
DISTRICT OF THE RURAL GOLDEN GATE ESTATES SUB-
ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN
AND FUTURE LAND USE MAPS TO ADD COMMERCIAL,
PUBLIC, CIVIC AND INSTITUTIONAL USES; OR, IN THE
ALTERNATIVE TO SOME USES, DEVELOPMENT OF UP TO
12 SINGLE FAMILY RESIDENTIAL DWELLING UNITS;
REDUCE COMMERCIAL SQUARE FOOTAGE FROM 190,000
TO 50,000 EXCLUDING SOME USES FROM THE MAXIMUM
SQUARE FOOTAGE LIMITATION; REMOVE OUTDOOR
MUSIC PROHIBITION; REMOVE SINGLE COMMERCIAL USE
AND BUILDING SIZE LIMITATIONS; REDUCE SETBACKS
AND LANDSCAPE BUFFER WIDTHS; AND REMOVE
PHASING AND DEVELOPER COMMITMENTS; AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE
ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS
41± ACRES AND LOCATED AT THE NORTHWEST
QUADRANT OF GOLDEN GATE BOULEVARD AND WILSON
BOULEVARD, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE
27 EAST, COLLIER COUNTY, FLORIDA - ADOPTED
W/STIPULATIONS
CHAIRMAN TAYLOR: Two more to go. So we're going to
take 9A and 9B together, and then we'll move to 9C and 9D. So, sir?
COMMISSIONER McDANIEL: If you will, then, I'll make a
motion for approval on 9A and B with a couple of exceptions.
Number one, we're going to go back and revisit putting the necessary
language in the PUD docs for the installation of no less than three
and up to five monitoring wells so that we've got control with regard
to that --
October 26, 2021
Page 88
CHAIRMAN TAYLOR: That's right.
COMMISSIONER McDANIEL: -- and sufficient language for
our staff to have access and do the testing and so on.
And, again, just to reiterate, you know -- I'm going to stay on
subject. So we will -- the developer will pay for and install the
wells. We will do the monitoring of the water quality after the fact
to our own satisfaction.
CHAIRMAN TAYLOR: And the sound?
COMMISSIONER McDANIEL: I'm getting there. I'm getting
there. I'm doing the wells first.
Second, I'm not denying [sic] the approval of the waiver of
outdoor amplified sound in adherence to the existing code with
regard to that. Any special events that Shy Wolf, even though
they're nice people, you get to -- you get to apply for an event permit,
and if it is not satisfactory to the community, you don't get two.
And then I also just wanted to reiterate that they're on the hard
corner of Wilson and Immokalee; that the minimum boundary for the
setback and buffering up to the north is, in fact, 75 feet.
MR. YOVANOVICH: The actual -- the buffering is 75, but the
setback is 100.
COMMISSIONER McDANIEL: Correct.
MR. YOVANOVICH: I just --
COMMISSIONER McDANIEL: That was per the site plan. I
just wanted to reiterate that.
MR. YOVANOVICH: Okay.
COMMISSIONER McDANIEL: And so with those
adjustments, then I'm going to make a motion for approval of 9A and
B.
CHAIRMAN TAYLOR: Do I hear a second?
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN TAYLOR: Commissioner Solis.
October 26, 2021
Page 89
COMMISSIONER SOLIS: Just a question on how this event
permit works. I mean, I understand the concern, but how does it
work in terms of what Commissioner McDaniel was just saying, that
if you get an event permit, if the community doesn't like it, you don't
get a second one. I don't understand what that means. I mean, how
does that work in terms of the permitting, and how is a determination
made that the community didn't like it?
MR. FRENCH: Thank you, Commissioner. For the record,
again, Jamie French.
So it would depend on how they came in. So if they came in
for a temporary-use permit or if they were having an event permit,
those are temporary in nature. We would monitor that through Code
Enforcement as complaints came in, but those -- they can already get,
by code, up to two of those per year, up to 28 days, not necessarily
consecutive. They could break those out over weekends. But that's
an administrative approval. That does not go through any type of
public process.
COMMISSIONER SOLIS: So it's going to go through the
regular --
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SOLIS: -- Code Enforcement Board
process.
COMMISSIONER McDANIEL: I wasn't talking
about -- thank you for clarifying that. And I wasn't talking about a
deviation from our normal processes.
COMMISSIONER SOLIS: Okay.
COMMISSIONER McDANIEL: I just wanted to make it clear
that the event permits were subject to continuing approval, so...
COMMISSIONER SOLIS: Thank you.
CHAIRMAN TAYLOR: All right. There's a motion on the
floor and a second. I think Commissioner Saunders seconded that
October 26, 2021
Page 90
motion.
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN TAYLOR: Okay. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
Aye. Again, it's the gas station. Thank you very much.
So now are we going to discuss -- I think we need to read the
agenda items.
Item #9C
ORDINANCE 2021-42: AN ORDINANCE AMENDING
ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A ESTATES (E) ZONING
DISTRICT TO A MIXED-USE PLANNED UNIT DEVELOPMENT
(MPUD) ZONING DISTRICT FOR THE PROJECT TO BE
KNOWN AS RANDALL CURVE MPUD, TO ALLOW
DEVELOPMENT OF UP TO 400 DWELLING UNITS AND
150,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT,
EXCEPT PUBLIC USES ARE NOT SUBJECT TO THE
MAXIMUM GROSS FLOOR AREA LIMITATIONS. THE
SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST
October 26, 2021
Page 91
CORNER OF IMMOKALEE ROAD AND 4TH STREET N.E., IN
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 29 EAST,
CONSISTING OF 50± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE - ADOPTED W/STIPULATIONS
Item #9D
ORDINANCE 2021-43: 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 RURAL GOLDEN GATE
ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA
MASTER PLAN AND THE RURAL GOLDEN GATE ESTATES
FUTURE LAND USE MAP AND MAP SERIES TO CREATE THE
IMMOKALEE ROAD/4TH STREET N.E. MIXED USE
SUBDISTRICT BY CHANGING THE DESIGNATION OF THE
PROPERTY FROM THE ESTATES-MIXED USE DISTRICT,
RESIDENTIAL ESTATES SUBDISTRICT TO THE ESTATES-
MIXED USE DISTRICT, IMMOKALEE ROAD/4TH STREET N.E.
MIXED USE SUBDISTRICT, TO ALLOW USES PERMITTED BY
RIGHT AND CONDITIONAL USE IN THE COMMERCIAL
INTERMEDIATE (C-3) ZONING DISTRICT AND SOME
GENERAL COMMERCIAL (C-4) USES WITH A TOTAL
MAXIMUM INTENSITY OF UP TO 150,000 SQUARE FEET OF
GROSS FLOOR AREA OF DEVELOPMENT, AND A MAXIMUM
OF 400 RESIDENTIAL DWELLING UNITS, EXCEPT PUBLIC
USES ARE NOT SUBJECT TO THE MAXIMUM GROSS FLOOR
AREA LIMITATION; AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
October 26, 2021
Page 92
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
THE SUBJECT PROPERTY IS 50.18± ACRES AND LOCATED
ON THE NORTHEAST CORNER OF THE INTERSECTION OF
IMMOKALEE ROAD AND 4TH STREET N.E. IN SECTION 22,
TOWNSHIP 48 NORTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA - ADOPTED W/STIPULATIONS
MR. CALLAHAN: Madam Chair, that will take you to
Item 9C, which is a recommendation to approve an ordinance
amending Ordinance No. 2004-41, as amended, the Collier County
Land Development Code which establish 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
Estates E zoning district to a Mixed-Use Planned Unit Development
zoning district for the project to be known as Randall Curve MPUD,
to allow development of up to 400 dwelling units and 150,000 square
feet of commercial development, except public uses are not subject to
the maximum gross floor area limitations.
The subject property is located on the northeast corner of
Immokalee Road and 4th Street Northeast in Section 22, Township
48 South, Range 29 East, consisting of 50-plus acres and by
providing an effective date.
This is a companion item to Item 9D, which is a
recommendation to approve 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 Rural Golden Gate Estates Sub-Element of the Golden
Gate Area Master Plan in the Rural Golden Gate Estates Future Land
Use Map and Map Series to create the Immokalee Road/4th Street
October 26, 2021
Page 93
Northeast Mixed-Use Subdistrict by changing the designation of the
property from the Estates Mixed-Use District resident [sic] and
Estates Subdistrict to the Estates Mixed-Use District, Immokalee
Road/4th Street Northeast Mixed-Use Subdistrict, to allow uses
permitted by right and conditional use in the Commercial
Intermediate C-3 Zoning District and some General Commercial C-4
uses with a total maximum intensity up to 150,000 square feet of
gross floor area of development and a maximum of 400 residential
dwelling units, except public uses are not subject to the maximum
gross floor area limitation; and, furthermore, directing transmittal of
the adopted amendment to the Florida Department of Economic
Opportunity.
The subject property is 50.18-plus acres and located on the
northeast corner of the intersection of Immokalee Road and 4th Street
Northeast in Section 22, Township 48 North, Range 27 East, Collier
County, Florida.
And anyone who was not sworn in on the last item, I guess, will
be sworn in again.
MR. YOVANOVICH: You also have to do your disclosures on
these items.
CHAIRMAN TAYLOR: That's right. Commissioner
McDaniel.
COMMISSIONER McDANIEL: Did we do them on the last?
Did we do our ex parte -- it doesn't matter.
CHAIRMAN TAYLOR: It doesn't matter. We can do it
again.
COMMISSIONER McDANIEL: And I've had numerous
meetings, phone calls, and correspondence.
COMMISSIONER SAUNDERS: Same.
CHAIRMAN TAYLOR: The same for me on all of the items.
COMMISSIONER LoCASTRO: Same. Exactly the same.
October 26, 2021
Page 94
CHAIRMAN TAYLOR: And Commissioner Solis is nodding
"yes."
COMMISSIONER SOLIS: Me as well.
CHAIRMAN TAYLOR: Thank you.
MR. YOVANOVICH: Still good morning. For the record,
Rich Yovanovich on behalf of the applicant.
This is the actual parcel of the property that we have a contract
to acquire from the county. Part of -- part of the contract provides
that the county will get a one-acre site on this property, and I'll show
you where that is when we get to the master plan for county uses.
It's basically the same project team that you heard on the last
item other than we've added Dan Waters from Pinellas Engineering is
the engineer for the project, and Chris Davis is here to answer
questions regarding parts of the project if necessary as well.
This is the roughly 50-acre parcel that we will be acquiring from
the county. It's on the Randall Curve. You have already seen the
Growth Management Plan amendment that was transmitted to the
state for review.
The request is to have the opportunity to do up to 400
multifamily units on the property and up to 150,000 square feet of
retail and office uses.
If you'll recall, recently Barron Collier Companies came through
and did a Growth Management Plan amendment and a rezone for the
property immediately to the north, which we will have a permanent
interconnection through, and that was approved for 250,000 square
feet. It is -- in order for retail to be successful, part of the equation is
having residential within a close -- you know, close proximity to all
of this. So, recently, if this is approved, you will be adding 350,000
square feet of retail and office to this corridor.
I've already hit all this. You've seen that slide. You've seen
this slide before, which is the actual use. One thing I wanted to note,
October 26, 2021
Page 95
we did revise -- between transmittal and adoption the request was to
go to C-3 plus for the allowed uses instead of C-4 minus. So we did
that at the -- and I'll go through what C-3 uses and then the additional
uses when I get there.
CHAIRMAN TAYLOR: Thank you.
MR. YOVANOVICH: But we were requested to do that
between transmittal and adoption so you know exactly which C-4
uses would be requested, and it's both in the Growth Management
Plan and in the PUD language.
We have -- when we were at the Planning Commission, there
were questions raised by residents who lived on 4th regarding
buffering along 4th when you drive up 4th to get to their homes, and
I'll take you through some sightlines.
One of the things that was requested where you can see we
agreed along the 4th -- 4th Street right-of-way to have an enhanced
buffer basically starting at the preserve all the way up to the end of
the property. What they wanted was hedge and some additional
trees to augment the preserve that was already going to be provided.
We agreed to do that. Initially, it actually went all the way down to
the lake. We were asked, because some of the residents who lived
on 4th thought the lake would be a nice feature to actually see when
they were driving home, to move that part of the buffer along this
part of the project, which we did. So they'll have an open view to
the lake feature, and so we have revised the PUD to provide for the
enhanced buffer, basically, from the preserve north and around the
commercial side of the lake, not the residential side of the lake.
Just to put it a little bit more in perspective so you could see how
wide the preserve is, it's about 100 feet wide as we have it on the
master plan at its narrowest point. And then as you can see -- one of
these days I'm going to have Bob Mulhere give me a tutorial on how
to do this. But basically it gets wider up here, and then we
October 26, 2021
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have -- I'm sorry -- commercial to our north.
The proposed commercial uses, as you can see -- what we did,
the C-4 uses that we've added to the list of permitted uses above the
C-3 are car washes, dental laboratories, medical laboratories, indoor
self-storage is what motor freight transportation is, nursing and
professional care facilities, and then your typical language about any
other principal use which is comparable in nature. These are
identical to what was added to the uses on the property to our north.
So those uses were limited as requested between the transmittal and
the adoption hearing.
The proposed residential, we have the ability to do the full
gamut. Reality is is we're going to come in, and we're going to do
400 market-rate apartments on the property, and I will take you
through some exhibits related to sightlines.
As I kind of showed you earlier on, this part of the buffer all the
way until it gets wider is at least 100 feet in width. We've
oriented -- this is the site plan that's going through the Water
Management District right now for purposes of how the buildings
will lay out, where the impervious will be, and I'm going to show you
some sightlines from what you will see through the preserves for
these four-story multifamily buildings.
And you can see that the distances -- we've put on here the
distances from the front door of the homes. For instance, this
home -- I don't know who lives there -- it's 337 feet before they even
get to the center line of the road. So we've put these distances before
you even get to see where we are in the road.
From a sightline perspective, through the preserve and the
enhanced buffer, as we talked about, which is right here, like you've
seen in many other projects, with the distance and the density of the
vegetation, you're not going to see the structures through the
vegetation. Now, I'm not going to say it's going to be totally
October 26, 2021
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invisible -- I know better -- but it's going to be broken up by the
existing vegetation and the existing -- the additional vegetation we're
planting to where it will be visually appealing through the site plans.
This is the additional hedge right here that we agreed to, which
is basically a hedge at six feet plus trees staggered in height to
address any isolated areas where the vegetation and the preserve may
not be as thick as in other areas. There is a portion where I showed
you on the red area, it's a little less dense in that preserve, and that's
why this intense buffer is proposed, and we will have supplemental
plantings in the preserves as required by your code as well.
The public-use tract is the one-acre site that goes to Collier
County. These were the uses that we were requested to include in
the PUD.
Staff is recommending approval. Planning Commission
recommended unanimous approval, and we're requesting that the
Planning -- I'm sorry -- the Board of County Commissioners follow
the Planning Commission's recommendation and staff's
recommendation for approval of this project.
This is the project that we took to the NIM. This is the project
that went through the transmittal. It has always been 400 units. It
has always been 150,000 square feet of commercial.
And we have agreed to a permanent interconnection with our
neighbor to the north so we can both use each other's frontage roads
to get to and from the project -- the different services within the two
PUDs, and we would have the ability to get to a traffic signal on
Immokalee Road.
I was hoping to get done with my presentation before noon, so if
you wanted to take your break it would be a normal time.
COMMISSIONER McDANIEL: Two quick questions.
CHAIRMAN TAYLOR: Yeah, and me too.
COMMISSIONER McDANIEL: Two quick questions. Just
October 26, 2021
Page 98
reiterate, if you would, please, the access on 4th.
MR. YOVANOVICH: There is no access on 4th.
COMMISSIONER McDANIEL: Not even pedestrian?
MR. YOVANOVICH: Well, we have an opportunity -- if you
want to, we have internal -- I should have pointed this out. You see
the red dotted line? Those are internal walkways within the project.
People from the neighborhood can easily access those internal
walkways if they wanted to walk to and from, but there's no vehicular
access at all on 4th.
COMMISSIONER McDANIEL: Would you go to the slide
with the C-3 plus and share with me who asked you to go -- as
opposed to C-4 minus go to C-3 plus?
MR. YOVANOVICH: It was asked at the Planning
Commission when we did the transmittal hearing. They said, please
come back and be consistent with your neighbor to the north. They
didn't want to slow down the transmittal hearing process. So we
were requested to come back and be similar to our neighbor to the
north, because staff believed that the types of uses in C-3 are more
neighborhood friendly and more neighborhood consistent than some
of the uses that can be within C-4.
COMMISSIONER McDANIEL: So the approved uses of C-3
plus are equivalent to that that we've already approved for the
property to the north?
MR. YOVANOVICH: Yes.
COMMISSIONER McDANIEL: Okay. And just -- and I
know you've said it twice, but just for the sake of saying it again,
you're okay with the cross-access agreement with the property
owners to the north? Because one of the successes of this project is
not allowing all of that traffic to flow straight out to Immokalee Road
and being able to get up to the light at Orangetree. That allows for
success of commercial along with the residential for folks that need
October 26, 2021
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to go to Immokalee or to the east.
MR. YOVANOVICH: We already have a written agreement in
place --
COMMISSIONER McDANIEL: Okay.
MR. YOVANOVICH: -- with our neighbor to the north for
that cross-access.
COMMISSIONER McDANIEL: Very good. I have no other
questions.
CHAIRMAN TAYLOR: Commissioner McDaniel, this is your
neighborhood. Would you object if the developer agreed to put
some housing that might be specifically targeted to first
responders/gap within this rather than totally market rate?
COMMISSIONER McDANIEL: I certainly wouldn't -- I
certainly wouldn't object. I'd like to hear from -- what your thoughts
are with regard -- I don't know. In the past, we have requested a
percentage of the aggregate units to be attributable for a time frame to
different income levels. I wouldn't find that objectionable at all. As
a matter of fact, I think it's actually a good thing, because we
have -- Commissioner LoCastro, you serve as our representative on
the Affordable Housing Advisory Committee, and that information
you disseminated a couple of weeks ago is astounding with just how
excessively expensive housing is here now. So if the
developer -- are you going to speak for the developer with regards to
that, or do you want to wait until we --
MR. YOVANOVICH: I have no idea what percentage, what
income threshold you're talking about. It's hard for me to respond
when I don't know what the Commission is thinking.
CHAIRMAN TAYLOR: Well, I think what we could possibly
do is take our break for lunch now, come back at 1:00 and give you
that information and let you -- because I think we're really close to
making a motion on this.
October 26, 2021
Page 100
COMMISSIONER LoCASTRO: I just wanted to add one
thing. When you come back from lunch, my biggest concern is the
concern that a lot of citizens have brought up either today or through
e-mail, and it's traffic and congestion and things like that. So I'm
sure you've worked through all of that.
I want to just hear a bit of a deeper dive rather than just, well,
there's an access point here and there's an access point here. So we
can wait till after lunch, but I want that to be -- you know, this all
looks beautiful, and all the drawings and the trees and the buffers,
that's all great, but the traffic part is the biggest piece that I would
like to hear a lot more about.
MR. YOVANOVICH: And we're happy to do that.
Historically you've preferred to hear that from your staff.
COMMISSIONER LoCASTRO: Yeah. And maybe. I'm just
talking generically. You're the only one standing there. So I'm just
saying, when you-all break for lunch, whoever's got that detail, don't
overlook it. I think we would all benefit from it.
COMMISSIONER McDANIEL: That's where I was going to
go, but with our staff.
COMMISSIONER LoCASTRO: Yeah, whoever.
MR. YOVANOVICH: I think my lunchtime would be a little
bit more productive if I know what's in your head, because --
CHAIRMAN TAYLOR: I'll tell you what, why don't we talk.
Why don't we break now, and you and I will talk. How's that?
COMMISSIONER McDANIEL: Let's have a talk amongst
ourselves, if you don't mind.
CHAIRMAN TAYLOR: All right.
COMMISSIONER McDANIEL: Traditionally, I know -- from
my recollection, anyway, we've had 10 percent as a -- as a whole
period and a percentage of the AMI, the average median income, to
fit into the essential service providers' income levels, which I believe,
October 26, 2021
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if I recall, is 80 to 120 percent --
COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER McDANIEL: -- of our AMI, and so if
you're leaning towards that, that's -- I'm fine with that. So think
about that, and then tell us about it. Ten percent --
COMMISSIONER LoCASTRO: And also how long that
would last at times -- you know, we hear, well, it's going to be for 10
years or it's going to be in perpetuity or whatever. That's a fine point
that I always like to hear, not that, you know, two years from now
we're going to go back and those 40 units have evaporated and they're
at full price.
MR. YOVANOVICH: Just so I keep a safe distance from my
client, what -- during lunch. Typically what you have done is you
have required us to set aside 10 percent --
CHAIRMAN TAYLOR: Yeah.
MR. YOVANOVICH: -- for the first 60 days to see if we can
find qualified essential service personnel when we're doing the initial
lease-up and then 30 days when we turn a unit over to try to get to
that 10 percent number. Is that -- is that the same type of a language
we have historically done? It just -- I can -- that's what we've done
in other projects. Is that what we're talking about in case --
COMMISSIONER McDANIEL: And if I might, that travels
with the project.
MR. YOVANOVICH: Right.
COMMISSIONER McDANIEL: And, necessarily, then there
is no time limit except for the first 60 days where those units held,
and then as the units turn over, that first 30 days is seeking
specifically those people --
MR. YOVANOVICH: Right.
COMMISSIONER McDANIEL: -- who are to qualify for that.
So it allows for housing affordability in perpetuity.
October 26, 2021
Page 102
CHAIRMAN TAYLOR: Let's just -- I'd like to have a
conversation with our Ms. Sonntag in our Affordable Housing
Department.
COMMISSIONER McDANIEL: Why are you making a face,
Jeffrey?
MR. KLATZKOW: We just did this on the Juliet -- I believe it
was off of Juliet and Immokalee where we reserved a certain
percentage of the units at a lower -- at a lower rate based on AGI.
We can take that same language and bring it to the Board.
CHAIRMAN TAYLOR: Perfect.
COMMISSIONER SAUNDERS: That's kind of what I would
be looking for; not just housing designated for essential service
personnel but perhaps housing designated at certain income levels.
COMMISSIONER McDANIEL: Well, that's the rationale.
COMMISSIONER SAUNDERS: I think that's what you're
looking for.
COMMISSIONER McDANIEL: In my brain, which we all
know is an interesting place, by delineating the income brackets
percentage of the AMI, we catch -- it's not limited to essential
service. It's anybody that qualifies for that income percentage that --
COMMISSIONER SOLIS: Eighty to 100 AMI.
COMMISSIONER McDANIEL: -- 80 to 100 or 120, I can't
recall what it was, but if you could bring back that language --
MR. KLATZKOW: We'll bring back that language, because,
otherwise, you're making sausage. We can give you ready-made
language that's been approved and --
COMMISSIONER SAUNDERS: And that would not be just a
60-day.
CHAIRMAN TAYLOR: No. No 60 days.
Okay. We'll see everyone back at 1:00.
(A luncheon recess was had from 12:05 p.m. to 1:00 p.m.)
October 26, 2021
Page 103
MR. CALLAHAN: Madam Chair, you have a live mic.
CHAIRMAN TAYLOR: Thank you very much.
So, Mr. Yovanovich, you were at the podium, and I think we've
all received your -- the paragraph.
MR. YOVANOVICH: That's not my paragraph. That's your
paragraph.
CHAIRMAN TAYLOR: Okay. That's our paragraph.
MR. YOVANOVICH: That was the sample language I believe
you-all used --
CHAIRMAN TAYLOR: In Blue Coral.
MR. YOVANOVICH: Right. Different percentages, different
income thresholds. I think you wanted to talk about --
CHAIRMAN TAYLOR: I'm very comfortable with this.
MR. YOVANOVICH: Well -- yeah, I'm sure you are. But I
think what you asked us at lunch was -- and there was no consensus,
but I heard 10 percent of the units, and then I heard the range of
income from 81 percent to 120. So that, I believe, would get you the
category -- because I think a lot of the ESP people, especially if
there's two of them in one family, will be above the 100 percent
threshold, because that number was also thrown out as a potential
threshold. So we would propose 10 percent of the units for the 81 to
120 income category, and we'd meet whatever those rents are. We
got the table, and we know that that fluctuates --
CHAIRMAN TAYLOR: Yeah.
MR. YOVANOVICH: -- you know, from year to year
depending on what the median income is. And then I believe it was
a 30-year commitment for Blue Coral.
So we'd adjust that paragraph to be 10 percent of the units,
which will be 40 -- I think it was a numerical number -- in the second
paragraph. That's the applicable paragraph, and then the threshold
would be 81 percent to 120. That's what we --
October 26, 2021
Page 104
COMMISSIONER McDANIEL: And you'll hold them -- may
I, Madam Chair?
CHAIRMAN TAYLOR: Of course, of course.
COMMISSIONER McDANIEL: You're the one that
brought -- I just want to make sure that I'm leaning the way you are.
And you will hold -- they will be held in that affordable status under
this criterium for the entire -- for the 30 years?
MR. YOVANOVICH: Yes.
COMMISSIONER McDANIEL: And the thing -- one of the
things that I like about this is we've actually mentioned essential
service personnel, but we do it on an income basis so it allows for
anybody who fits those income brackets to receive --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: -- some assistance with
housing affordability.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: So priority is certainly to
help our essential service personnel.
CHAIRMAN TAYLOR: Could we meet in the middle and
maybe have 20 percent rather than 10 percent?
COMMISSIONER LoCASTRO: Yeah. I mean, I've got my
light on here, because that's exactly what I was going to say.
CHAIRMAN TAYLOR: Excuse me.
COMMISSIONER LoCASTRO: Or go ahead.
CHAIRMAN TAYLOR: No, no, no. I didn't see you.
COMMISSIONER LoCASTRO: Yeah. Because, I mean, I sit
here and I think -- you know, and this is where I'll defer to
Commissioner McDaniel. You know, he knows his district better
than anyone, but I think we all know Immokalee, and the need out
there for people that are on a fixed income is more so than if you
were building something like this in Port Royal where maybe
October 26, 2021
Page 105
1 percent would be plenty. But I think if we're going to go a higher
number -- wow, in the previous apartments two weeks ago that we
approved, and we approved 30 percent, you could make the argument
that a higher percentage is maybe even needed out in Immokalee.
And I know Rich is, like, having a cow right now.
But, I mean, I'd like to see something a little bit more robust,
especially for a community like Immokalee where, you know, their
income levels are so low. I just think you could help.
So tell me the rebuttal to that whether it's Commissioner
McDaniel who thinks 10 percent is fine, but I'm sort of thinking
along the same lines as Commissioner Taylor. Not to stretch you,
not to say, how about another -- you know, not to do a used car
salesman thing, but I just think the need out there --
MR. YOVANOVICH: We're not in Immokalee. We are a
long way from Immokalee.
COMMISSIONER LoCASTRO: Well, I mean, okay.
MR. YOVANOVICH: We are.
COMMISSIONER LoCASTRO: Golden Gate. I apologize.
But Golden Gate's the same -- is a very similar place. It's not Port
Royal, you know. So I think the need in Golden Gate -- but that's
what I'm asking you. So give me -- tell me why we are wrong.
MR. YOVANOVICH: Well, why you're wrong?
COMMISSIONER LoCASTRO: Yeah.
MR. YOVANOVICH: I'm not going to tell you you're wrong.
I'm going to tell you that the request, I think, is apples to oranges.
COMMISSIONER LoCASTRO: Okay.
MR. YOVANOVICH: You approved 25 units per acre on a
10-acre piece on Immokalee Road. We're asking you -- and there's
been -- the population -- and I don't know if staff's going to do this in
their presentation or not, but when they did their presentation to the
Planning Commission, the vision for this corridor was for it to be like
October 26, 2021
Page 106
activity-center-type intensity. So activity-center-like intensity is 16
units per acre. We're at eight units per acre. So we're a far less
intensity-driven number than -- so it's an apples-and-oranges
comparison I think to us and the person that who agreed to it. He
agreed to a 15 percent income restriction, when you look at those
numbers. He agreed to a 30 percent ESP number, but only half of
those 70 units, 15 percent, was income restricted to get to 25 units per
acre. That's the highest density bonus you guys have ever done in
Collier County.
We're saying we're coming in with a project that's going to be
market rate, eight units per acre for the project. That's what was
proposed at the -- at the original transmittal hearing. There actually
was a very negative reaction to the community during the NIM to
affordable housing. That's just the community. I mean, you guys
don't have to, you know, follow what that community impact was.
There's clearly a need for housing for people in the 81 to 120
category closer in. This is not that far from the urban area. I mean,
years and years ago when I first worked at the county, this was like
forever. Now it's right around the corner based upon the increases in
infrastructure.
I think 10 percent, which is 40 units, at the 81 to 120 provides
housing to people who need housing in those price points. These
are -- this is not Immokalee level incomes. This is your firefighters,
your teachers, your -- pretty much most essential service personnel
are -- that you could think of fits in that category, and we will
be -- we will be restricting rents which, frankly, if you go out there
and look at the rents that people are charging, there's not much
restriction out there.
And we'll put this in a point where they can -- they can afford to
live closer and actually reduce trips from having to drive all the way
in from further out. Plus, we have a commitment to provide, you
October 26, 2021
Page 107
know, retail and office, which is going to reduce trips. And I know
you're going to hear that from your staff, but this project is going to
help reduce trips and provide housing closer in to the urban area than
being even further out.
So I don't think you're wrong, Commissioner LoCastro. I think
there's just difference -- they're different projects in different
locations.
COMMISSIONER LoCASTRO: Apples and oranges are still
fruit. It's still the same --
MR. YOVANOVICH: They're still fruit and --
COMMISSIONER LoCASTRO: Apples and chairs, now that's
different. Okay. But I hear you. I appreciate it. I appreciate the
clarification.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: You know, we all want to
get as much workforce and affordable housing in these projects as
possible, but I'll have to say, I am persuaded by what
Mr. Yovanovich said in terms of the density out there compared to
the other project. You know, I was playing with different numbers,
and I was thinking, well, it would be nice to have 60 units, and I
understand we're at 40. But I'm okay with the 40 under
these -- under these circumstances.
Obviously, if the Board wants to go a little higher, I'm okay with
that as well, but I think he does make a good argument that this is a
little different than the last one that we did.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: And I agree with
Commissioner Saunders. One of the things that's important was
there was -- there was resistance to housing affordability, as we like
to say now, being aggregated in this area. So providing for some
under these income brackets does provide for workforce housing,
October 26, 2021
Page 108
essential service personnel, and the like. Similar language to what
we approved on the Blue Coral piece would fit well and provide for
that 30-year protection to allow for housing affordability to be
attained here for those -- for that workforce.
So -- and I'm okay. I mean -- and, again, we're -- you know,
you made the analogy of negotiating on 10 or 15 or 20, or whatever
the case is. I mean, it's been this board's practice to add these
housing affordability circumstances on every single project,
necessarily, as they came along. I mean, we have -- how many were
approved in the Town of Big Cypress? Several hundred housing
affordable units in those projects that are out further to the east
so -- in between -- in between this site and Immokalee proper.
So I'm okay with the 40. If it is the will of the Board to go
higher, I'll listen to that, but I think we're actually
covering -- checking the box, if you will, with regard to the housing
affordability issue.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. No, I was going to
add, oftentimes when citizens say they have a problem with
affordable housing, it's because they're either worried the quality's not
going to look the same -- and I'm going to guess whether it's
10 percent or 20 percent or whatever, the building is still going to
look the same quality. You're not going to downgrade the quality.
And I would hope citizens -- a lot of times when they do give
pushback about affordable housing, it's not because they don't want
nurses, firefighters, and police officers and teachers in the
neighborhoods. They have a different vision of what's going to be in
affordable housing.
So I think in this particular case we actually are talking apples
and chairs. I think you are going to attract first responders and
people of that quality.
October 26, 2021
Page 109
And so I'm just sitting here, you know, probably thinking the
same thing as Commissioner Taylor. I just want to help as many of
those people as possible. And you might say another 10 units
doesn't matter. Well, to the 12 nurses that move in there or the 12
teachers, it does matter. So -- but I don't want to sit here and split
hairs because the bottom line is a few minutes ago before lunch you
had 0 percent housing. So, I mean, I commend you for being able
to, you know, all of a sudden talk with your -- you know, your client
and change this. But, you know, that's -- I don't know if you have
anything else to add because we're --
CHAIRMAN TAYLOR: Well, of course I'd like to see, you
know, the 30, but then it drops to 20. I'd like to see the 20.
The school's having a hard time hiring teachers because there's
no -- there's no housing for them in this county, so I'm always
thinking about that. But I certainly understand -- I mean, we have a
commissioner of the district and, clearly, there is other housing going
in but, unfortunately, at this point nothing has been built.
COMMISSIONER McDANIEL: And just so you -- and
Commissioner LoCastro, it was -- Commissioner Taylor adeptly
brought it up, but it was coming, this discussion with regard to
housing affordability. There was no provision. It was 100 percent
at market --
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER McDANIEL: -- and that discussion was, in
fact, going to transpire, and Commissioner Taylor --
CHAIRMAN TAYLOR: It speaks volumes that you were
flexible enough.
COMMISSIONER McDANIEL: Yes.
MR. YOVANOVICH: It was volume. There was volume.
CHAIRMAN TAYLOR: Okay. So is it -- let's just do a
consensus. Is it 10 percent or 20 percent; 10 percent?
October 26, 2021
Page 110
COMMISSIONER McDANIEL: Ten.
COMMISSIONER LoCASTRO: I'm okay with 10 percent.
COMMISSIONER SOLIS: Ten.
CHAIRMAN TAYLOR: That's what it should be.
COMMISSIONER McDANIEL: And similar language as to
what we have before us with --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: -- with the Blue Coral
project.
MR. YOVANOVICH: But the income thresholds would
change to 81 to 120 in that paragraph. Yeah, yeah.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER LoCASTRO: One thing I want to just add
as the chair of the Affordable Housing Committee is what comes out
of your meetings -- and you're seeing a positive here -- is that we at
least consider it. And, you know, it's not -- an affordable housing
percentage isn't perfect for every project, but what has come out of
our last meeting is they would like to see us in pretty much every
project raise the issue, and if it is something that is in a neighborhood
like this where we think that we go -- that it's not -- it just doesn't
default to 0 percent. So, I mean, I think, you know, we're
accomplishing what we're setting out to do here.
COMMISSIONER McDANIEL: Just -- and as an aside, one of
the discussion points that I would like for us as a board to have, who
owns as much land as Collier County? The school district. Who
collects as much money in ad valorem taxation as Collier County?
The school districts and the fire departments. I would like for us to
be working cooperatively with them to support their needs for their
employment and not just us bear that burden on the entire tax base.
Some day.
CHAIRMAN TAYLOR: Okay. Well, I think that kind of tees
October 26, 2021
Page 111
us up for a possible future item about affordable housing. But at this
point, I'm going to turn it over to County Attorney Klatzkow who's
put something up on the screen.
MR. KLATZKOW: I just wanted to make sure that we get the
right document that the Board wants in here. So under 1, 30 percent
of the total units, we're talking 10 percent?
CHAIRMAN TAYLOR: Ten percent, yes, sir.
COMMISSIONER McDANIEL: Correct.
MR. KLATZKOW: Okay. And the rest of the language is
fine. I mean, I know we'll have to change the number of the units.
COMMISSIONER McDANIEL: Correct.
MR. KLATZKOW: Okay. And for No. 2.
COMMISSIONER McDANIEL: Well, it says 80 to 100, and
he's saying 81 to 100.
MR. YOVANOVICH: One hundred twenty.
COMMISSIONER McDANIEL: Or excuse me, 120. Because
raising it to the 120 allows us to --
CHAIRMAN TAYLOR: Husband and wife.
COMMISSIONER McDANIEL: -- correct -- catch those first
responders that are in that income bracket. So it's 81 to 120.
COMMISSIONER LoCASTRO: One of the things we should
clarify, too, for people that might be watching at home or sitting here
in the audience and think we're moving a little too fast. What's up
on the board was for a totally different -- it wasn't that this is what we
proposed and now we're cutting back all the numbers and giving this
developer a super deal. This was for Blue Coral. This was the
verbiage that -- correct?
Correct, Jeff?
MR. KLATZKOW: Correct.
COMMISSIONER LoCASTRO: This is from Blue Coral, so
something totally different. We're using this as a template. So it's
October 26, 2021
Page 112
not like we're sitting here and we wanted 30 percent and now
we're -- you know, were backing off on 10 and changing all these
numbers at the drop of a hat without discussion. We're just using a
template from weeks ago.
I just wanted to clarify that, because I'm sure we'll get 100
e-mails saying I can't believe you changed the numbers that quickly.
MR. KLATZKOW: And, again, so for No. 1 it's 10 percent of
the total units, whatever that number is, and for No. 2 --
COMMISSIONER McDANIEL: Change --
MR. KLATZKOW: You're going from 81 to 120 percent?
COMMISSIONER McDANIEL: Correct.
CHAIRMAN TAYLOR: Why 81?
MR. KLATZKOW: That's the discussion.
CHAIRMAN TAYLOR: Eighty percent. Make it 80 percent.
That's the standard. That's what we use.
MR. YOVANOVICH: I only went to the 81 to 120 because
that's what your different categories are.
CHAIRMAN TAYLOR: It says 81?
MR. YOVANOVICH: Yeah. It's 80 percent to 50 percent
is --
CHAIRMAN TAYLOR: Oh, oh.
MR. YOVANOVICH: So I went to 81 and 120 just to be
consistent with your different categories.
My two cents is you don't need paragraph No. 1 because that
was -- that dealt with half of the units that were being set aside were
income restricted. I think you go straight to there's 10 percent. You
modify Paragraph 2 to say 40 percent -- 40 of the units will be
income restricted between 81 and 120, and I think that's what you
modify that paragraph to say.
COMMISSIONER LoCASTRO: Make sure we leave the 30
years in there.
October 26, 2021
Page 113
MR. YOVANOVICH: That stays. That stays.
COMMISSIONER McDANIEL: And if we delineate the
actual 40, should the developer decide to only build 300 units, we're
not just providing 30 units, they have to do 40. If they come back
with a proposition -- they have the right to reduce their density. So
if we specify 40 units and not the percentage --
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER McDANIEL: -- we set that number fixed.
COMMISSIONER LoCASTRO: Did you get that, Rich, the
difference?
MR. YOVANOVICH: I got it. I got it. I mean, I'm in for
400 units, okay. So I know there's a risk that I'll get 399. We're
okay with that.
Jeff and I have been talking about initially you talked about
ESP, essential service personnel, but then I heard you say you don't
want that restriction. You just want it to be income restricted.
CHAIRMAN TAYLOR: Income, income.
MR. YOVANOVICH: So that's why I don't think you need
Paragraph 1. I think you just need Paragraph 2 to say we're going to
income restrict 40 units at the 81 to 120, and it will be there for 30
years. That's what I think Paragraph 2 needs to be modified to say.
COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER McDANIEL: You okay with that, Jeffrey?
MR. KLATZKOW: No. It's just the will of the Board. I'm
trying to get the will of the Board memorialized.
COMMISSIONER McDANIEL: Do you have it clear?
MR. KLATZKOW: But yes.
CHAIRMAN TAYLOR: Okay. All right. So I guess
that's -- no discussion? Are we ready for a motion?
MR. YOVANOVICH: You've got public comment --
COMMISSIONER McDANIEL: We've got staff report and
October 26, 2021
Page 114
public comment.
MR. YOVANOVICH: -- too. I'm not sure everybody spoke.
CHAIRMAN TAYLOR: Well, I thought the public comment
finished.
COMMISSIONER McDANIEL: That was on the first ones.
CHAIRMAN TAYLOR: No, it was on --
MR. MILLER: No, that was on the first group, 8A, 9A, 9B.
Now we have public speakers for 9C and 9D.
CHAIRMAN TAYLOR: I'm sorry. I thought 9C -- I heard
some speakers for 9C and 9D, and I assume --
MR. MILLER: A lot of these people are the same speakers.
I'm not sure all of them are still here, but they signed up in both.
CHAIRMAN TAYLOR: Okay. Very good, thank you.
MR. MILLER: Do you want to do that now, ma'am?
CHAIRMAN TAYLOR: Yes, please.
MR. MILLER: Your first speaker will be Chad Everett
followed by Deanna Deppen.
MR. YOVANOVICH: Deanna's not here for this one.
COMMISSIONER McDANIEL: We haven't heard from staff.
I don't mean to interrupt, ma'am, but typically our staff makes a
presentation. We talk to -- I mean, I know Commissioner LoCastro
has questions about traffic. I know that I do.
CHAIRMAN TAYLOR: Can we -- can we hear from the
public and then bring staff up afterwards? And certainly it was
always my intention -- but to hear from the public and then to wait
for the questions for staff until after we hear from the public, if we're
all all right with that. All right, let's do that.
MR. EVERETT: Talk about traffic, I'm perfect for that. The
professionals, that was two years ago or a year ago that they did the
different plans that they're going to talk about, and we hope they do,
but --
October 26, 2021
Page 115
Thank you for having me once again. I know that you guys
already made your minds up on this project, and I know that you've
already pretty much made up your mind. I ask for the neighbors, the
100 -- the 1,000 neighbors that I knocked on their doors and the
people that signed the petition to please think of us. We're not in
Immokalee. We're Golden Gate Estates for a reason. It's a
beautiful area. There's trees. There's birds chirping. There's
wildlife. We love it. We moved out there for a reason.
The other coast turned -- the same way -- what you're doing,
you're doing the same thing that Miami and Broward did. Exact
same thing. Just build, build, build, put apartments, apartments,
apartments, affordable housing. You're changing the landscape what
makes Naples Naples. Just like I said before, the carriage is now in
front of the horse here. You guys are building like crazy and not
thinking of the infrastructure.
So I'm going to talk about the apartment complex. You can
build, like, stores and things of that nature, and I know you're going
to say that they're going to have roads that are going to help. If we
get 450 apartment complexes right there on that corner, if you guys
aren't familiar with it, I'll bring it back up.
Actually, I want to bring the other one up. So here you
see -- these little white boxes are all developments that you guys are
going to be building in the future. There's only one way in to going
to Target, to going to Walmart, to going to any superstores. There's
only one way in, even from Immokalee and all the way over here in
Ave Maria.
This is the road from Oil Well. This is Immokalee coming this
way. This is going to be a development, development, development,
development, development, development, development,
development, development. This is all going to be built out, okay.
Let's think about the future. Remember, that's going to be built
October 26, 2021
Page 116
out. This is where you're thinking of building a 400-apartment
complex with some stores, which are needed. This area right now
has tons of accidents. And I know they're going to do
some -- they're going to come up here, your staff is going to say, oh,
they're fixing the road this way, fixing that way. It's not fixed. It's
going to take years. And then they're talking about an overpass.
You're not budgeted for it. It's not going to happen for a long time.
Let's fix all that, fix the infrastructure, then talk about where we can
put other residents.
This area, look at it. Look how beautiful it is. You see that
green and you see here, that is for people to live in the Estates, not to
live in apartment complexes. There's no apartment complexes.
There's no buildings that are four stories high. I don't even know if
it's -- I know it's not zoned that you can go over two stories, so going
four stories high in this area is ridiculous.
I know they showed pictures earlier about tree lines. Those tree
lines are very deceiving. Look from your part where you're at to the
back of the room. That's 60 feet. You're talking 100 feet's not that
far. Having a giant four-story apartment complex right there in your
backyard. The trees you're going to see through, as much as they
say. It's not giant woods like it is now.
CHAIRMAN TAYLOR: Thank you. Thank you.
MR. EVERETT: My time's up? Do I have somebody that
gave me time? Yeah, I do.
MR. MILLER: Well, I --
MR. EVERETT: I have multiple time.
MR. MILLER: Well, if you'll allow me, sir, I did have people
submit time -- want to cede time to Chad Oristano.
MR. EVERETT: That's me, Chad Oristano.
MR. MILLER: Well, all right. I had Chad Everett, so I did
not know.
October 26, 2021
Page 117
MR. EVERETT: It's Chad Everett Oristano.
MR. MILLER: So he did -- we do have two people that wanted
to cede time to Chad Oristano, so I'll add that time now, ma'am.
CHAIRMAN TAYLOR: Another six minutes.
MR. EVERETT: Is that good? Thank you. I appreciate it.
Thank you for letting me speak.
That being said, this area, we need things that help the
community. This is your land that you sold for very under market.
Three million dollars for 40 acres. Very cheap. I would have
bought it. People I know would have bought it. We would have
made a beautiful community area that we can all use.
We expected libraries. These are from the neighbors. These
are people I talked to. The bus depot they talked about. They'd
rather have that than the apartment complex, they said. That's what
they told me. They'd rather have the bus depot than an apartment
complex.
Now, I know there was meetings supposedly about this project,
but I will tell you, in this area that I walked around and knocked on
doors and got petitions signed, none of them knew about an
apartment complex.
I came to a meeting two weeks ago when I got the notice, which
I want to thank you guys for making that where it goes one mile out.
It might have been not a good thing, I guess, I don't know, but now
I'm here. But that one-mile letter is the only way that I found out
and other neighbors.
And I came here because I was upset about storage facilities,
which we have the road we're going to rename to Storage Lane.
Remember we talked about that, right? Immokalee Lane. Instead
of Immokalee it's going to be Storage Lane. Yeah, we're going to
rename it, because there's six storage facilities right down that road.
So I don't know if we're trying to turn Collier County into Fort
October 26, 2021
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Myers or into Broward, but it looks like you guys are doing a good
job at it.
And I do ask, please, think about the community when you do
this. We're not opposed -- the neighbors are not opposed to
developing commercial stuff that helps us from not going into town.
I'm going to show you one more chart, if I find it. And I'm
trying to talk fast. I don't really want to, because I know the lawyer
can talk out -- he gets his own time, but I guess I've got to go back
and get my bar. I have a problem passing bars. Some of you guys
got the joke, I guess, right?
So I know they're going to come up and talk about song and
dance about the roads and how they're going to do this and how
they're going to do that. We all get it. It's going to happen, but not
for a while. It's going to take a while.
This is a corner. Once again, you see it. This is the road going
right into town, and even Bill said -- mentioned about there's two
charters schools here. It was packed this morning. You can't -- you
can't even go. Literally, if you drive this road, come off of 75 right
here at 5:00 and meet the homeless people right here on the corner
and give them some money, and then you go this way down here, this
road from 5:00 to 7:00 is packed. You cannot -- you can't even
move. I have video of it. I can show it to you when you guys want
to go on a break. You cannot move down this road. Accidents
always right here. Right here. Wilson and Randall, accidents all
the time. It's an F road.
So when you drive down this road, and you can't go anywhere,
most of the people are coming from the north. They're not all
coming from the inside. They're coming from the north off, you'll
notice, and it comes all the way backed up here.
I know you're fixing this area a little bit, I heard, which it's
supposed to be happening or whatever, so now adding those
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apartments -- I know somebody's going to come up here and talk
about, oh, if you put stores and things of that nature, it's going to
help. But this is the thing: Look, these are the stores that we go to,
Target, superstores, right here, right? Bring them right here.
Now, if you say, okay, we go into town, this road is going to be
extended, which a lot of people are upset about, but Vanderbilt's
going to go all the way down here to here. Even so, these people are
still going to drive this way to go north. These people are still going
to drive this way. They're not going to go in a circle to go to Target.
They're not going to go -- you understand? It's a little confusing, but
you get it? They're not going to go way out here to the other road
that's going to be made in the future to get to where they need to go.
They're not going to go in a circle. That's just not natural. You're
going to go right down the closest road to you to get to the highway
or to get to Target or a superstore.
So ask -- today there was people that were speaking earlier,
when they prayed to please do something, an act of kindness, do an
act of kindness today. All of you have the chance to do an act of
kindness to all these neighbors that don't want to see the apartments
here. Please do that. That's all I ask.
If you can think -- I know your minds are made up pretty much.
We had a discussion. It's pretty made up. Build something else.
Build us a Lowe's, Home Depot. I mean, please. I know the
developer doesn't care. They don't have to. They want to make
money. That's their job, and I get it. You know, that's business.
But we care, and the 1,000 people that signed the petition care. And
I'm here to be a voice for them. And I know you guys are supposed
to be the voice.
I don't want to be here today. I got tons of work to do. I am
busy as can be, but I'm here because I want to be your best friend. I
do. I want to do great events here in Collier County, and I want to
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be friends with all of you guys. And just think of those neighbors,
please. Thank you.
MR. MILLER: Your next speaker is Deanna Deppen. She's
been ceded additional time from Karen Freeman. Now, Liz Harmon
also ceded time to her on the last item. Is she still here?
MS. HARMON: Yes.
MR. MILLER: Did you want to cede time as well?
MS. HARMON: Yes.
MR. MILLER: Okay. That will be a total of nine minutes.
And she will be followed by Darlene Izzo.
MS. DEPPEN: Good morning, again, Commissioners. I just
would like to ask you to please -- I know you're going to hear all the
traffic and all the concerns about that, and they have done the traffic
studies. And I believe there is a plan in place for handling the traffic
and for moving traffic through there. I do believe that the shopping
that will be out there and the jobs that will be out there will benefit
that part of the community as well as potentially decrease some of the
traffic that's in that area.
I understand the concerns about the additional houses, and I
think everyone does here, but there's also a need for more housing
within this county and more housing for people who work at the
Sheriff's Office or fire and EMS and places like that.
So, again, everyone's been working so hard on coming to a
compromise on all of these different facets of this very complex
project.
And I just want to thank you for the due diligence and the time
and effort and hearing the community members speak their voices, as
they should, but also looking with a vision for the future for the
growth, and Collier is growing. And I know there are plans for more
passageways as well.
So, again, taking all of that into consideration, I think approving
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this project in addition to the other one that previously passed is to
the benefit of all of Collier County and certainly to our benefit, since
the two are tied together. Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Darlene Izzo. She'll be
followed by Beth Swiderski. Darlene Izzo?
(No response.)
CHAIRMAN TAYLOR: Okay. I'm told Beth left. I'm going
to assume Darlene Izzo is not here. Patricia Holt? There she it.
Patricia will be followed by Nancy J. Smith.
COMMISSIONER McDANIEL: Is Nancy here?
MS. DEPPEN: She left.
MR. MILLER: All right. So Patricia will be followed by
Michael R. Ramsey.
MS. HOLT: Hello, Commissioners, again.
I'm kind of with that gentleman over there. I've lived out in the
Estates for, like I said, almost 30 years, and the traffic is very
uncontrolled. And I feel if we have something different, like a
Home Depot or that kind of stuff, it would be better -- beneficial for
us as living out there.
Like I said, it takes an hour from my house -- and I live on 4th
Avenue Southeast -- to get to Shadowlawn Elementary School when I
was working, and thank goodness that I'm retired now, because it's
gotten worse since I left.
So I just wanted, you know, to take that. I know you might
already had made your decisions, but there's those of us that -- there's
a lot of houses out there. I, myself, moved out there because -- to
get away from that, and -- but I just thank you for this opportunity to
talk.
Thank you.
CHAIRMAN TAYLOR: Thank you.
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MR. MILLER: Your next speaker is Michael Ramsey followed
by John Pelletier.
MR. RAMSEY: Commissioners, my name is Michael R.
Ramsey. I am the president of the Golden Gate Estates Area Civic
Association.
It has been communicated to my association from our District 5
commissioner that we have no credibility, and we find that very
difficult to deal with the situations since my group is over 40 years
old and been established.
Second, my group has been involved with the Golden Gate
Master Plan and every update since its inception. Apparently our
opinions are not important in this process.
CHAIRMAN TAYLOR: Is that it, sir?
MR. RAMSEY: Yes, ma'am.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is John Pelletier. He'll be
followed by Tom Merkle on Zoom.
MR. PELLETIER: Thank you, Commissioners, for allowing
me to speak today. My name is John Pelletier. I live at 2961 4th
Street Northeast. I've lived there for 27 years. That street abuts the
project, as we see here.
I followed the progress of this 47 acres for years. And I know
how important this is. I understand how this piece is the central hub
of rural Golden Gate Estates, which I believe that amenities are really
what the community wants there. So it's the best interest of the
community to put pleasant amenities. We've come a long way since
the bus barn. I was up here talking about that a year or two ago.
So when I first saw the master plan at the Planning Commission
meeting, I did have three concerns. Number one, enhanced
buffering in the preserve to include hedging and to block the 400-unit
four-story building, as you see on here. That's just an example. It's
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an unfinished product at 951 and Immokalee Road.
And I really want to thank Ms. Nancy Gundlach and
Ms. Medina for working with the developers to include the hedging
and the Type C buffering for our side of the street, so great.
Number 2, the 400-unit four-story buildings are going to be
massive. This is an example here you see. This is a four-story
building, 55 to 65 feet in height. And if built, these will be the
tallest apartments ever built in Golden Gate Estate history.
I asked to reduce four stories to two or three stories maximum at
the Planning Commission, and I ask the same respectively to you
commissioners here today.
I understand this photo is an unfinished product. Landscaping
needs to be done, the painting, all of that, but you can't get around
that this building is massive. And I believe, from what I saw, there's
six or seven of these going up on this property.
So our community's rapidly growing. I know that we're moving
out east. It's the only way we can go. So I just ask that if -- please
consider managing these massive buildings to a more suitable height
in an attempt to fit into our community and make them reasonably
compatible with the surrounding properties.
COMMISSIONER McDANIEL: Can I address him just real
quick?
CHAIRMAN TAYLOR: Yes, of course.
COMMISSIONER McDANIEL: I just wanted to say thank
you.
MR. PELLETIER: Oh.
COMMISSIONER McDANIEL: You are a neighbor that is
directly impacted by this project. You live on 4th.
MR. PELLETIER: Yep, yep; yes, sir.
COMMISSIONER McDANIEL: And you and I -- you and I
have been in constant communication as this whole process all the
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way from -- I mean, you were one of the ones to assist me and the
community in swapping this from the CAT bus barn and school bus
barn and road and bridges facility in order to do this.
And I want to thank you for your reasonableness and your
attentiveness and attendance of all of the public hearings ad nauseam
that we, in fact, had. And I even know, even as late as after the
Planning Commission you contacted representatives of the developer
directly and were instrumental in relocating some of the buffering
that was down to the south on the retention pond down here, so that --
MR. PELLETIER: Yeah.
COMMISSIONER McDANIEL: -- so that it was more
aesthetically pleasing. So I just want to say thanks, John. I mean --
MR. PELLETIER: I appreciate that. And, you know, the
buffering -- I'm a landscaper, so I know how important the buffering
is. I also know when you're up 65 feet it's really hard to block that.
And not just my street, but I think the entire community passes this
thing, or will pass this every day, you know, so...
COMMISSIONER McDANIEL: Appreciate it.
MR. PELLETIER: Thanks, guys. Appreciate that.
MR. MILLER: Your final public comment on this item is Tom
Merkle. Mr. Merkle, you should be prompted to unmute yourself at
this time. And there you go. Mr. Merkle, you have three minutes,
please.
MR. MERKLE: Thank you, Madam Chair, Commissioners.
Thank you for the opportunity to speak.
Commissioner McDaniel, you received a series of questions that
I had, and I'm sure your staff is working on answering those; is that
correct?
COMMISSIONER McDANIEL: Yes, sir.
MR. MERKLE: Great.
There are a couple of items I just wanted to reiterate in my series
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of questions that I had sent to you and the staff. One
questioning -- regarding the critical and endangered species. The
report that was on 9A, 9.A.3, Page 570, I do not believe is correct,
because I have seen black bears across the road. And by the way, I
live on 4th Street, literally directly across from where your
apartments will be built. I just purchased the house in April, so I'm a
little new to the neighborhood.
So, anyway, I have seen the black bears over there. I believe
there are panthers, and there is also an indication of a possible big
cypress fox squirrel habitats over there as well, so I request that the
Board have another environmental done for the wildlife.
My second comment has to do with the review agency letters.
I'm quite concerned that so far the only agency that responded back
was the Florida Department of Economic Opportunity.
And I would like to request to the Commission, if they could get
written confirmation back from such major departments such as the
Florida Department of Environmental Protection, the Agricultural
and Consumer services, Florida Forest Service, the State Bureau of
Historic preservation. And when I say the Historic Preservation, I
notice there was an application in there from them, but it does not
indicate that the decision was ever issued from them. And then the
Florida -- the water management team itself.
My other concern is that I have not seen any square footage of
impermeable surfaces, and so I'm concerned about any runoff, both
from the roofs and also from any of the parking areas, what will be
done with that water, because that water will contain certain
contaminates which are natural to a parking lot. So, again, it's an
environmental concern.
Those are some of -- the gist of some of my questions. And it
was quite extensive. I have many other questions, and I don't think
the three minutes would allow me to go through properly. So I'll
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have to rely on Commissioner McDaniel and his staff to address my
additional concerns.
Thank you all for the time.
COMMISSIONER McDANIEL: Mr. Merkle -- if I can.
Mr. Merkle, stay tuned, because of the things that you requested, the
information that you're looking for, you're going to hear -- typically,
we would have already done our staff report, and you would have
heard a lot of answers to your questions. But we're going to now go
to the staff report, which a lot of that information's, in fact, going to
be shared, so -- and, whatever isn't, I'll certainly be able to reach out
and get your questions answered. So thank you, Madam Chair.
CHAIRMAN TAYLOR: Thank you very much.
MR. MERKLE: Commissioner McDaniel, thank you very
much for that, and I look forward to hearing. And I'm sorry to cut
you off, Commissioner.
CHAIRMAN TAYLOR: Not to worry, not to worry. Thank
you very much.
Mr. Bosi.
MR. BOSI: Mike Bosi, Planning and Zoning director. And I
have and we are working on a number of those questions from
Mr. Merkle. A number of those questions from Mr. Merkle
would -- are actually applied at the Site Development Plan,
specifically related to the water -- the water management plans at the
zoning stage, the entitlement stage. This is something that's not
addressed.
Environmental concerns we'll have -- at SDP they'll have to do
an updated -- an updated black bear -- or management plan to deal
with any listed species that are on the site. And a couple of other
areas, which I will work with Commissioner McDaniel's office to
address.
I just wanted to remind the Board of County Commissioners that
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on May 25th unanimously this board recommended approval to
transmit the proposed Growth Management Plan amendment which
did contain the residential component of the 400 units to the
Department of Economic Opportunity, came back subsequently.
Planning Commission made unanimous recommendation upon
adoption to the Board of County Commissioners with some
modifications. Staff is in support of those modifications. And with
the further clarifications for the income the restrictions that are being
proposed, as well as staff understands the directions that's provided
by the Board, we will incorporate that within the -- within the
individual master plan as well.
We're recommending approval. I do know that we had an
extensive presentation related to transportation and transportation
improvements, and I will defer to Ms. Scott or Mr. Sawyer,
whichever one is going to provide for that, which will answer a lot of
the questions in terms of individual capacity.
And in other recognition, I think that is important and important
to the specifics of what we spoke about in terms of some of the
references that were made to the Golden Gate Area Master Plan.
And one of the outcomes of the Golden Gate Area Master Plan is we
looked at the amount of square footage that was allocated to Orange
Blossom. The amount of square footage, commercial square footage
that was allocated to Orange Blossom Ranch, the newly adopted
commercial PUD to the north, which has the similar uses in terms of
that C-3 plus that they spoke about to this proposal.
And we've identified this area as an emerging activity center;
therefore, that inclusion of higher density, multifamily residential is
part and fulfills that arrangement, that spatial arrangement, and it has
everything to do with placing units of more affordability in terms of
where economic opportunities are going to be placed and also
good -- a wider range of goods and services. So we think there's a
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lot of reasons why we've identified to support the petition.
I think maybe Ms. Cook wanted to update my statements related
to what we required at SDP related to the environmental components,
and then we can turn it over to transportation.
MS. COOK: Good afternoon. Jaime Cook, your director of
Development Review.
I haven't seen that list of questions, so I will address what I did
hear. As far as the environmental data and listed species, the black
bear is actually no longer considered a listed species by the Florida
Fish and Wildlife Commission; however, our county -- Collier
County Land Development Code does require black bear
management plans at time of SDP. So they will be required when
they come in for their Site Development Plan to provide that
management plan for black bear and any other listed species. So I
know he mentioned he was concerned about fox squirrels. So that
management plan would also be required at that time.
With regards to stormwater and runoff, they will be required to
go through district permitting to get an environmental resource
permit, and then those stormwater plans will be incorporated into
their Site Development Plan as well.
COMMISSIONER McDANIEL: And there is no offsite
discharge there. They're required to hold their attenuation, water
quality. All will be on site for all of the impervious areas.
MR. COOK: Correct. They may not flood out their neighbors.
CHAIRMAN TAYLOR: Thank you very much.
MS. COOK: You're welcome.
MS. SCOTT: Good afternoon. For the record, Trinity Scott,
deputy department head, Growth Management Department.
The applicant prepared a Traffic Impact Statement with this
petition. The initial Traffic Impact Statement was based on the 2019
Annual Update and Inventory Report which was in effect at the time
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of that application. It was since updated to reflect the 2020 Annual
Update and Inventory Report.
In those instances, with the exception of one segment, all were
still able to operate within acceptable levels of service with the
increased traffic based on this development in the p.m. peak-hour
direction with the exception of Randall Boulevard from Immokalee
Road to Everglades Boulevard; however, we do have improvements
programmed within the five-year program to address that deficiency.
With zoning petitions, per our Growth Management Plan,
applicants have -- for consistency purposes, they are able to take into
consideration improvements that are planned to be constructed within
the five-year work program. And we have considerable
improvements within the area that will assist with the traffic flows.
And I can go into specifics with those if you would like.
CHAIRMAN TAYLOR: I think you were asking, right?
COMMISSIONER LoCASTRO: Yeah, I would like, and -- as
a follow-up, so after you go through those details, Trinity, when you
said that there are some road improvements projected in our five-year
plan, what's the chances of pulling any of those forward so it
would -- that if we did approve this -- and to that citizen that came up
here and said we've already made up our minds, I haven't made up
my mind at all. I've got a lot of concerns concerning density, height,
traffic, and cohesion in the area.
But, Trinity, with you being, you know, our traffic expert,
explain to me the details, like you said.
MS. SCOTT: Absolutely.
COMMISSIONER LoCASTRO: I definitely would like that.
And then also, if the road improvements are already in the budget,
what's the chance of them sliding and to pull them forward sooner?
Is that a possibility at all? I don't know what else is on the --
MS. SCOTT: Well, we can go through those. So the biggest
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improvement that we're going to have is Vanderbilt Beach Road
extension, which Phase 1 of Vanderbilt Beach Road extension goes
from Collier Boulevard -- first off, let me say on this map here, the
subject property is right in this area. All of the improvements shown
in red on this map are anticipated to begin construction within the
next five years.
So the first improvement that we have is Vanderbilt Beach Road
extension that will go to 16th. That project is getting ready to be
packaged to our procurement office for bid to be able to issue a
notice to proceed to a contractor in the spring of next year. That
project is approximately 30 months of construction. It's about
seven miles of roadway with multiple bridges. We anticipate that
being completed -- hold on. I made myself some notes here -- by the
end of calendar year 2024.
So understanding that this project is not going to sprout out of
the ground tomorrow, it still has Site Development Plan process and
permitting that it will go -- must go forward with, so that may
coincide.
In addition, we have Phase 2 of Vanderbilt Beach Road
extension from 16th to Everglades Boulevard. That is getting ready
to go out for design. We anticipate letting the construction on that in
mid 2024 so just -- while this section is still under construction, so
hoping to capitalize on having a contractor out and being able to put
that next phase out to bid, and that's about a 24 -- I'm sorry -- about a
12-month construction to extend it from 16th out to Everglades.
In addition, we have Randall Boulevard. This is the segment
that I advised would be deficient. We anticipate beginning
construction of that project in the beginning of calendar year 2024,
and it's approximately a 12-month project as well. So by 2025 we
anticipate having those improvements in place.
We also have Wilson Boulevard from Golden Gate Boulevard to
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Immokalee Road. We actually have a public information meeting
coming up tomorrow night, I believe, about this corridor study, and
we anticipate construction to begin in the last quarter of 2024 and go
until midyear of 2026.
So in transportation terms, that's a very short term for us.
COMMISSIONER LoCASTRO: What's the timeline -- if this
complex was approved, what would be the timeline for, you know,
construction, shovel in the ground, completion, ballpark? I'm just
trying to get the calendars lined up and see where the gaps might be.
MR. YOVANOVICH: I think quickest, which I don't think this
is attainable, but 18 -- 18 to 36 months for it to be complete.
COMMISSIONER LoCASTRO: But starting when? So --
MR. YOVANOVICH: Well, let's assume we get approved
today. We've got to get a Site Development Plan approved. Are we
in for that yet, Dan? We haven't -- we're not even in for our Site
Development Plan; six to nine months for that. Then building
permits, probably concurrently, probably a year at best to have
building permits in place, and then probably a couple-year build.
COMMISSIONER LoCASTRO: Okay.
MR. YOVANOVICH: Okay. 18 to 36 months site
development to completion. So it's out there still. It probably lines
up pretty well with all of the improvements that Ms. Scott just
described are coming to that area.
COMMISSIONER LoCASTRO: Okay.
COMMISSIONER McDANIEL: On a good day, two years,
because I mean, we still --
MR. YOVANOVICH: We haven't had too many good days.
It's just so busy out there right now. So I don't know how -- and I
don't mean that negatively; it's just --
COMMISSIONER McDANIEL: Well -- and that's assuming
they get through the agency reporting and everything -- all of the
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things environmentally that they have to do as well, so...
MR. YOVANOVICH: Yeah.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN TAYLOR: Did you have anything to say?
COMMISSIONER McDANIEL: I do, yes, ma'am.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: I didn't even
if -- Commissioner LoCastro, were you done?
COMMISSIONER LoCASTRO: Well, I was going to ask you
a question, but I think you might -- are you about to make a motion?
COMMISSIONER McDANIEL: No, no.
COMMISSIONER LoCASTRO: I bet you're going to answer
some things that I'm curious about, so go ahead, sir.
COMMISSIONER McDANIEL: I'm not quite sure, but I'll try.
I just -- I just -- Trinity, you make -- you speak traffic lingo, and
people don't, most people don't. What's an acceptable level?
MS. SCOTT: Our adopted levels of service for a roadway
within Collier County, one that's a six-laned facility is a Level of
Service E, and for a roadway that could still be widened and has not
been policy constrained would be a Level of Service D, and those are
adopted in your Comprehensive Plan.
COMMISSIONER McDANIEL: And those are important
things for us to hear and talk about as we go forward, because these
are policy decisions that were made by prior boards that were
acceptable that need to be addressed at some particular stage.
If for some reason the apartment complex was approved as is
being submitted, the traffic that it will generate if the
additional -- will Immokalee Road handle and not tip it over from a
level-of-service standpoint?
MS. SCOTT: Based on the existing adopted AUIR, yes. The
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only deficiency was Randall Boulevard; however, as I spoke, we
have been planning Vanderbilt Drive Road extension, which we
know will provide a parallel facility that is anticipated to take traffic
off of Immokalee Road and divert that traffic to Vanderbilt Beach
Road.
COMMISSIONER McDANIEL: On a conservative basis, what
is the estimated reduction of traffic when Vanderbilt's completed out
to Everglades Boulevard? Well -- and we all know that it's coming
to 16th now. That's what's slated to go. But estimated when it
comes out to Everglades Boulevard -- and, again, these are all
estimations. It's a moving target.
MS. SCOTT: Conservatively, approximately 20 percent of
traffic. Our model runs are a little bit higher than that, but I'm being
very conservative. Our model runs show a little bit higher than that,
but we're anticipating approximately 20 percent of the traffic. Right
now that's 60,000 vehicles on Immokalee Road, so 20 percent of that,
12,000 vehicles diverting. And that's on an overall 24-hour period.
In the p.m. -- peak, approximately 600 vehicles in the p.m. peak.
COMMISSIONER McDANIEL: So round numbers, it's a
diversion of close to 12,000 trips that will come off of Immokalee
Road and use alternative routes, potentially.
MS. SCOTT: Exactly.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: All right.
COMMISSIONER LoCASTRO: I have a quick question.
CHAIRMAN TAYLOR: Quick one, because we have a 1:00.
COMMISSIONER LoCASTRO: Okay. So question for you,
not to put you on the spot, Commissioner McDaniel -- maybe. So,
you know, you've thanked citizens. You have a close relationship
with the citizens of District 5, no question about it. And you've
thanked people that have come up here that don't want to see this and
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disagree probably with your stance.
I guess my question would be, I don't want to say why are they
wrong, but what are we missing? Because it really does resonate
with me when someone says, well, we knocked on 1,000 doors, and
this is going to be the tallest building, and, you know, we're a
residential community. And, you know, one of the things I've said is
I'm totally against development. I'm only for improvement. So I'm
trying to figure out why this is an improvement there, and if the only
answer is, well, housing's needed everywhere, well, that wouldn't
resonate with me because that would just mean we could build
whatever the heck we want.
And so I really -- and I ask this sincerely because this is your
district, and you've had so many town halls out there, and I'm sure,
you know, you've spoken with so many of these folks. What can
you share with us that we -- you know, to fill in sort of those missing
pieces as to why the folks at the podium -- I won't say why they're
wrong, but what we might be missing.
COMMISSIONER McDANIEL: Certainly, it isn't -- I mean,
you are putting me on the spot, but I'll answer your question.
The -- this project's not a secret. We haven't done this in the
shade whatsoever. This project started out coming before -- before
you became a commissioner --
COMMISSIONER LoCASTRO: Right.
COMMISSIONER McDANIEL: -- before this board as an
entirely separate project. Something for government facilities and so
on and so forth. And you actually even heard, I think, Chad say out
loud. One of the -- one of the folks that was in opposition of the
CAT bus barn, school bus barn, road and bridges facility would now
rather have that than this.
And so what I'm trying to share with you is this project will
provide for an enormous amount of community benefit once the
October 26, 2021
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commercial's, in fact, completed. The residential aspect
is -- necessarily, it's a plus-minus. It's almost -- it's almost a trade.
The problem I can't do is dictate when the commercial, in fact,
comes. I can't tell the developer, okay, we'll do your deal if you put
a Home Depot in or a Lowe's or anything along those lines.
So John was correct, this will be the first four-story facility in
Eastern Collier County that I know of. I mean, there may be others
that are coming. But I want to remind us and this board -- Mr. Bosi
spoke about it -- when we revisited the Golden Gate Master Plan, the
intent with the Golden Gate Master Plan was to move the intense
developments within the heart of Golden Gate Estates out of and to
the perimeter. And this project, yes, it's on the edge of Golden Gate
Estates, but it's also within the Rural Fringe Mixed-Use District as
well.
And the intensity that we're moving out with the previously
approved project from there out of the heart of Golden Gate Estates
up to an arterial collector road is right in line with what our original
premise was for the adoption and the adjustments that we made in the
Golden Gate Master Plan.
COMMISSIONER LoCASTRO: Was there a lot of pushback
to that Golden Gate -- and I'm asking because you're right, I wasn't
sitting in here -- sitting here years ago when this came up.
Was there a lot of citizen pushback to that Golden Gate Master
Plan? Even though it was the master plan, maybe it wasn't right, you
know, or it wasn't something that was popular. What was
the -- what was the feeling?
COMMISSIONER McDANIEL: Well, you know -- and you
bode a lot of questions. What's popular to one may not be to
another, and everybody has -- there's a reason why they make more
than nine different flavors of Jell-o; not everybody likes the same
thing.
October 26, 2021
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Actual recent discussion with regard to the Golden Gate Master
Plan was -- because I wanted to expand the commercial nodes within
Golden Gate Estates, Everglades Boulevard and Golden Gate
Boulevard, Golden Gate Boulevard and Wilson, and so on and so
forth. I wanted to expand those commercial nodes to allow for more
services, because we have a very low-density population that's spread
out over a large area east of 951, and there was resistance to that
within the community when we were, in fact, adopting the Golden
Gate Master Plan, holding it to those very concentric areas five and
10 acres right there specifically on the intersections. So there was
actual support in moving the intensities out of the heart of Golden
Gate Estates to the peripheral.
COMMISSIONER LoCASTRO: Thank you.
CHAIRMAN TAYLOR: Okay. All right. Any other
questions? Are we -- do we have a motion on the floor?
COMMISSIONER McDANIEL: No, I haven't made a motion
yet, but I've got to talk to the developer before -- do you want -- can I
hear from the applicant one more time so they can respond? And
then I'll make the motion, if you wish.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: Do you want to rebut
anything that's been said?
MR. YOVANOVICH: No. I would -- I think what we have
actually done, just from a historical standpoint, there was a lot of
angst for the original approval of the Estates Shopping Center in the
heart, as Commissioner McDaniel pointed out. And for the last two
years we've been -- two-and-a-half years, actually, back to
when -- the original bidding of this sale occurred, have been trying to
fulfill the direction that the residents of the Golden Gate Estates, the
overall residents have said move this up onto Immokalee Road and
off of Golden Gate Boulevard. So that's kind of the history of how
October 26, 2021
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we got here.
I have no idea what was said to anybody who is now being
reported as to may be opposed or not opposed to this. I don't
know -- you know, I don't know what was represented to what was
going to be approved here. I can only tell you what we've said in the
public information meetings, basically, for the last almost two years
is that this Randall Curve property was going to be a 400-unit
multifamily project four stories tall with 150,000 square feet of retail
supporting that.
I think there was the strategic decision for the property owner to
the north not to include residential and that the bulk of the retail and
office would be on that piece supplemented by us with also meeting
the residential needs of the area as well as Collier County. And
that's kind of -- I just wanted to add that, supplement that to the
record, but I'm sure you brought me up here for a reason.
COMMISSIONER McDANIEL: Do me a favor -- I did. Put
up the site plan, please, if you would.
MR. YOVANOVICH: Well, I think I could pull it back up, but
Ms. Scott said she may have killed my presentation.
COMMISSIONER McDANIEL: Troy left. Troy, you're not
allowed to leave the meeting while we're doing things.
MR. YOVANOVICH: I think I've got it. Do you want the
master plan or the actual --
COMMISSIONER McDANIEL: That one right there.
The most southerly piece at the corner -- and do you have any
idea what the acreages are? Because Chad and I were talking at the
lunch break about the size of those commercial tracts, and he
represents that he has somebody with Lowe's or Home Depot that
will come out here, but they need 15 acres. How big are those sites?
MR. YOVANOVICH: Oh, I'm not sure about -- I could just
tell you -- that big C here -- three or four acres.
October 26, 2021
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CHAIRMAN TAYLOR: With all due respect, this is a
conversation.
COMMISSIONER McDANIEL: I'm going to a point here, if
you will allow me.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: I know you've got a time
certain, but this is important as well.
CHAIRMAN TAYLOR: Yes, sir. But discussions of how big
the tracts are could be done off-line.
COMMISSIONER McDANIEL: Where I'm going with this is
I would like to see -- because one of the things is, we all talk about
the trip reduction and having services availed in our community.
And, again, I can't dictate policy as to who the tenants are and when
they come, but I would like to put a stipulation -- I'd like to make a
motion for approval for this project but with a stipulation that 10,000
square feet of commercial be constructed and CO'ed before the
occupancy of the apartments.
MR. YOVANOVICH: How about concurrent with the
occupancy of the --
COMMISSIONER McDANIEL: Plus-minus. I want it done
before you occupy the apartments. I want the CO approval -- the
occupancy of the commercial done before the occupancy of the
apartments.
MR. YOVANOVICH: Okay.
COMMISSIONER McDANIEL: And, again, no one's going to
chirp if it's a day one way or the other --
MR. YOVANOVICH: I understand.
COMMISSIONER McDANIEL: -- but one of the things I don't
want is for this project to get segregated and the residential comes in,
and we sit there and look at another 150,000 square foot of
commercial and 250,000 square foot of commercial approved to the
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north, and we don't have any services for the people, which is the
entire rationale, so...
COMMISSIONER LoCASTRO: And I would just add,
Trinity, I appreciate your comments on the road and the details, you
know, but a lot of times these projects tend to slip at times due to
budget or just we don't have our sight out on the ball -- our eyes on
the ball. It's critical that these roads happen on time or early if
possible.
So, you know, I'm going to agree with the motion that I know
Commissioner McDaniel's about to make, but I think we have a lot of
homework assignments to really watch those roads because those
are -- it's imperative that those changes happen closely to when these,
you know, developments are being built. If they slide later, then we
haven't done these people any kind of service at all.
CHAIRMAN TAYLOR: Commissioner LoCastro [sic], I
believe you made a motion. Are you seconding that motion?
COMMISSIONER McDANIEL: I did make a --
COMMISSIONER LoCASTRO: He did.
COMMISSIONER McDANIEL: That was my motion with
that stipulation that that 10,000 be occupiable before the occupancy --
COMMISSIONER LoCASTRO: I love that addition. I
second the motion.
CHAIRMAN TAYLOR: You second. So there's a motion on
the floor and a second. Are we taking --
COMMISSIONER McDANIEL: Are you okay with that?
CHAIRMAN TAYLOR: -- C and D together?
MR. YOVANOVICH: Well, I just wanted to make sure your
motion included the housing commitment as well.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: Yes.
MR. YOVANOVICH: Okay. I didn't hear the whole thing.
October 26, 2021
Page 140
COMMISSIONER McDANIEL: I'm approving C and D
together with the stipulation of the 10,000 square foot occupiable
before the residency.
MR. YOVANOVICH: Can I -- you said you -- it could
fluctuate. Can I have within 60 days of CO so I can --
COMMISSIONER McDANIEL: I run in -- no. I want it done
in advance of the occupancy of the residents. Because I run into
issues as who's going to be the one out there saying no? If we set the
timeline up like this, Rich -- it's not brain surgery. We do the
construction of the commercial at the same time, and you have
occupancy of the commercial in advance of the residential.
MR. YOVANOVICH: That's fine.
COMMISSIONER McDANIEL: And I don't have to have staff
standing there saying, no, you're out -- what do I do when you're at
65 days?
MR. YOVANOVICH: I was only reacting to one of your
comments where you said you don't care if it's a day or two either
way. So if you're saying it's before the first CO, I have a measurable
time-certain. That's all I was looking for.
COMMISSIONER LoCASTRO: I will only second it if that's
the verbiage.
MR. YOVANOVICH: I get it now. I just wanted the
time-certain as to when I've got to deliver the 10,000 --
COMMISSIONER McDANIEL: Within 60 days in advance of
the occupancy of the residential.
MR. YOVANOVICH: Got it. I understand the motion. I just
wanted to make sure the housing number was in there, too.
CHAIRMAN TAYLOR: There's a motion on the floor and a
second. It includes the housing that we spoke about, the building
and CO'ing of the commercial compared to when the apartments are
CO'ed, and I believe that's it.
October 26, 2021
Page 141
COMMISSIONER McDANIEL: It stands.
CHAIRMAN TAYLOR: Okay. 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.
MR. YOVANOVICH: Thank you.
CHAIRMAN TAYLOR: For those opposing this, please
understand this is a deal that's been wrought for, what, three
years -- three, four, five years.
COMMISSIONER McDANIEL: I didn't even go -- in respect
to your 1:00 time-certain, I didn't go into all of the history that we've
got going on, but --
CHAIRMAN TAYLOR: We don't have to. It's just -- it's
just -- it didn't happen in the last two months. This has been two to
three months -- or years, excuse me.
Okay. Let's move into our 1:00, please.
Item #11B
BOARD OF COUNTY COMMISSIONERS DISCUSS THE
MANAGEMENT OF COUNTY-OWNED PUBLIC LANDS WITH
THE COLLIER MOSQUITO CONTROL DISTRICT, AS
REQUESTED - MOTION TO CONTINUE TO THE NOVEMBER
9, 2021 BCC MEETING – APPROVED
October 26, 2021
Page 142
MR. CALLAHAN: Madam Chair, that takes us to Item 11B on
today's agenda, which is a recommendation that the Board of County
Commissioners discuss the management of county-owned public
lands with the Collier Mosquito Control District as was requested at
your September 28th regular meeting. This will be introduced by
John Mullins, your director of Community, Government, and Public
Affairs.
MR. MULLINS: Good afternoon, Commissioners. John
Mullins, director of Communications, Government, and Public
Affairs.
And at your July 13th meeting, you adopted a resolution
approving the boundary expansion of the Collier Mosquito Control
District. Comments and requests made by members of the Board in
response to Item 7, public comment speakers, at your September 14th
meeting and under communications at the end of your
September 28th meeting directed staff to add an agenda item for a
future meeting on arthropod management on county-owned public
lands, the district to update you on their public outreach and approach
as they prepare a local bill for the legislative delegation in December,
and you requested that the County Attorney provide research on any
statute or other legal requirement related to the management of public
conservation lands. And that opinion is part of your executive
summary, and I'm sure Mr. Klatzkow can freely expound.
I would add that since your September 28th meeting, the district
has been in contact with Conservation Collier, and if the boundary
expansions of the district are approved in Tallahassee, both parties
have agreed to collaboratively establish an Arthropod Management
Plan consistent with the requirements of Florida Statutes.
And with that, Mr. Lynn and his staff are here with an update
and presentation and to take your questions.
MR. LYNN: Good afternoon, Commissioners. Thanks for
October 26, 2021
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having us back. For the record, Patrick Lynn, executive director,
Collier Mosquito Control District.
I just want to provide you with an update today on our
conversations with our colleagues at the Conservation Collier. And
we contacted them recently, and we have some information for you.
Just for orientation's sake, Chapter 388 of the Florida Statutes
provides us with the legal framework for our operations. In
combination with Chapter 388, Florida Administrative Code 5E-13
outlines our process for creation of an Arthropod Management Plan.
One small portion actually provides for that. So that is the statutory
and regulatory framework under which we operate. It also provides
us with limitations on what we can do.
An Arthropod Management Plan, which goes by many names,
depending on what your source is, is not required by law for public
lands. It is a voluntary process.
Specifically 5E-13.042 spells out the public lands manager will
contact the arthropod management agency, which is Collier Mosquito
Control, as well as the Florida Department of Agriculture in writing
in order to request development of a plan.
Even though we have never had, to our knowledge, a
conversation with the folks at Conservation Collier, we did not
receive a written notice for a plan. We did reach out to them and
have been in contact with them on several occasions since
September.
On the 19th of September, we provided them with more
information, maps, et cetera on both the current district and the
proposed expansion, as well as a back-and-forth with chapter -- or,
excuse me, 5E-13 of the Florida Administrative Code.
We are open, absolutely, to establishing Arthropod Management
Plans as necessary or as requested from Conservation Collier, and we
consider the dialogue as an ongoing one.
October 26, 2021
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So that is -- that is the update as it stands to date. Be happy to
take any questions you have.
CHAIRMAN TAYLOR: Does anyone have any questions?
COMMISSIONER SAUNDERS: I'll ask a quick question.
Obviously, we have correspondence from various agencies
suggesting that we not support the expansion of the boundary this
year. I'm certainly leaning that way. I know we did a resolution to
support it, but we can withdraw that resolution and look forward to
the expansion in the future.
If we did that and the boundary is not extended this year, you'll
be entering in these Arthropod Management Plans with the affected
property owners, does that create a problem for you?
MR. LYNN: If we're speaking just in terms of county-managed
lands. If there is a request from Conservation Collier for any of the
lands that are currently within the district, we would go ahead and
establish those plans.
COMMISSIONER SAUNDERS: No. I'm asking more
broadly. If the boundary is not expanded in this 2022 legislative
session --
MR. LYNN: Yes.
COMMISSIONER SAUNDERS: -- which means that you can
come back 2023 for expansion, does that create any particular
problems for you? During that interim you can negotiate the
Arthropod Management Plans with all of the various affected
property owners including Conservation Collier.
MR. LYNN: I would defer to our counsel on that one, on that
question. I think that it is fairly nuanced because the 5E-13 as well
Chapter 388 very much tie our hands in what we can do. If the
district is not expanded and the onus is on us to establish these
agreements, there are very few precedents for some of the lands that
we're talking about as well as we are limited by 5E-13. Any land
October 26, 2021
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manager could easily just say to us, not right now. We're not
interested.
The framework of 5E-13 establishes a process by which both
parties need to come to agreement. In the absence of an agreement,
it goes to the Florida Coordinating Council on Mosquito Control, and
they will render a judgment on that.
But without having those areas in the district, we would -- we
would not be seeking Arthropod Management Plans we don't have
precedent.
COMMISSIONER SAUNDERS: I see. And in terms of the
proposed legislation this session, has that bill been filed? And
what's the status of that?
MR. LYNN: The local bill is drafted, and we are seeking
sponsorship as we speak. The legislative delegation meets
December 8th.
COMMISSIONER SAUNDERS: Thank you.
MR. LYNN: Thank you.
CHAIRMAN TAYLOR: Commissioner McDaniel, then
Commissioner LoCastro.
COMMISSIONER McDANIEL: It might be repetitive, but I
was leaning on the lines of how are you making out with having
sponsors for the bill? Because we can all talk about the expansion of
the bounds and the goods and the bads and the dos and the don'ts.
Without legislative sponsorship, both Senate and the House, it's not
going to happen next year anyway.
MR. LYNN: Right. We have a meeting tomorrow morning
with a representative at the state level wherein we'll be asking
formally for that sponsorship. We have every reason to believe that
this will be successful.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: Commissioner LoCastro.
October 26, 2021
Page 146
COMMISSIONER LoCASTRO: So just so I'm clear and also
people that are following this, so what we are -- we are approving is
not only expanding the boundary in those additional residential areas
that were never in the boundary before, but it's also in those
environmental areas that were in question that we heard so much
about from different agencies that they weren't supportive of? I
mean, what's going to go forward to Tallahassee is a complete map
that has an expansion of residential areas but also those large
environmentally protected areas shaded as well. You know, you and
I had a meeting in my office --
MR. LYNN: Sure.
COMMISSIONER LoCASTRO: -- but I just want to get it
clear. So that map that's going forward is completely shaded on both
sides, right, the residential area expansion and those environmental
areas that were somewhat controversial by a few organizations,
correct?
MR. LYNN: That is correct. And I will say this: That in the
absence of an Arthropod Management Plan, 5E-13 specifies that
Mosquito Control will treat these lands with care given to -- and
forgive me. I don't have the language memorized -- to protect the
environment and the sensitivity of these lands. We're not -- we
are -- we are anticipating Arthropod Management Plans will become
necessary in these areas, and it will be a slow process, one in which
essentially for the first period of substance, i.e., a couple of years,
we're looking at simply research and trapping to gain information as
these projects move -- the projects like Picayune move forward into
restoration.
So to answer your question, yes, we need to include those areas
in order to, essentially -- that is the only leverage that we have to
push the process forward. Land management could simply say we
don't want to establish an Arthropod Management Plan at this time.
October 26, 2021
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And if that happens, then -- then we won't -- we won't know -- we
won't have the data -- we won't have baseline data in order to be able
to exert any control.
And I will say that there is a fair amount of precedent in the state
with mosquito management on public lands, and it involves primarily
the use of larvicides that are bacteria based, a BTI larvicide. And in
most cases -- we have an example here in Collier at Wiggins where
we only use BTI. We do adulticide there. And this is spelled out in
the code.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: So we've all gotten copies of the
letters from Fish and Wildlife, the Big Cypress Basin, Army Corps of
Engineers -- anybody else? -- asking us to either not support or delay
this -- delay the expansion. I mean, how do -- help me reconcile
those letters with what the district's trying to do. I mean, they're not
inconsequential governmental agencies. I'm just trying to figure out
how we reconcile this now that we're kind of in the middle of it and
suddenly other agencies are not necessarily saying they're opposed
but asking to at least delay it so that some other critical criteria can be
developed on an interagency basis. How do we reconcile that?
MR. LYNN: I'm not -- well, I am the executor of the board
policy, our policy in-house. I am also -- have worked closely with
counsel on interpreting the statute and the code. And we have done
an enormous amount of outreach in this project. And to be quite
frank, we were asked to come here today to update you on mosquito
management on public lands in Collier, not to talk about the
expansion, but I am happy to do so, but I would request that you
allow counsel and perhaps Dr. Lucas, our technical expert, to assist
me in answering your questions.
COMMISSIONER SOLIS: Yeah. I mean -- and I'm not
October 26, 2021
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trying to -- I mean, I hope you don't feel like this is -- I've
sandbagged you somehow. It's just that all of these letters have
come in, and I'm just -- you know, I think we're --
CHAIRMAN TAYLOR: The Army Corps of Engineers.
COMMISSIONER SOLIS: We're in a strange situation that we
supported this, and it makes sense except now we've gotten letters
from Fish and Wildlife and the Corps and the Big Cypress Basin, you
know, asking us not to support it.
So I'm just trying to understand how can we reconcile those
agencies' positions and the need to expand that we've heard from the
district. So it's -- I mean, it's not a trick question. I'm trying to in
my own mind understand how I can move forward with continuing to
support what we originally agreed to support.
MR. LYNN: Well, I'm at a loss for words.
COMMISSIONER SOLIS: Okay.
MR. LYNN: I'm happy to ask -- answer specific questions.
Excuse me. Bill Owens, counsel for the district. May I?
COMMISSIONER SOLIS: Okay. Yeah, that would be great.
MR. OWENS: Thank you, Commissioners. Bill Owens,
Counsel for Mosquito Control District.
We actually just received those letters today as well.
COMMISSIONER SOLIS: Okay.
MR. OWENS: And I think they -- to sum it up, I think they
present variations of the same theme, and that theme is that
environmentally sensitive lands, public lands should be excluded
from the district expansion boundaries that this commission has
already approved or that the approval should be rescinded or delayed.
And our response is simple: That reasonably sufficient legal
protections and procedures already exist under Florida law to protect
both public and privately held environmentally sensitive lands.
For public lands, existing Florida Statutes and regulations
October 26, 2021
Page 149
already provide a comprehensive legal framework to protect public
land management agencies. Some of the statutes you heard today,
388.4111, and Florida Administrative Code 5E-13.042 provide a
public management land agency with the right at any time to request
and require a mosquito control agency to enter into a public lands
control plan to ensure that the control measures employed under that
plan are the minimum necessary, and I'm quoting, economically
feasible to abate public health or nuisance problems and impose the
least hazards to fish, wildlife, and other natural resources protected or
managed in such areas.
And as Patrick alluded to, such statutes and regulations also
provide a state agency dispute resolution process to finalize and adopt
that public lands management plan.
We'd also like to say, you know, why can't we delay is the
question? Why can't we just enter into an interlocal agreement?
With all due respect, I think that recommendation puts the proverbial
cart before the horse.
COMMISSIONER SOLIS: Which, apparently, we do all the
time.
MR. OWENS: Oh, good. I have a good audience.
COMMISSIONER McDANIEL: Were you here for the
previous hearing?
MR. OWENS: I was not.
COMMISSIONER McDANIEL: There's actually a picture
floating around of that.
COMMISSIONER SOLIS: That's the theme of the day.
MR. OWENS: Okay. Well, let's continue with that theme --
COMMISSIONER SOLIS: Okay.
MR. OWENS: -- because unless such lands are located within
the district geographical boundaries, there's no binding regulatory
framework or other legal authority that we're aware of that requires
October 26, 2021
Page 150
public land managers or private landowners to negotiate in good faith
or otherwise enter into any type of agreement. So as Patrick
mentioned, they could say no.
COMMISSIONER SOLIS: Let me understand. So just in
kind of layman's terms, then nothing -- nothing can be done on these
environmentally sensitive lands unless the land manager or the owner
agrees to what the district's going to do? I mean, is that -- is that a
layman's very simply way of saying what you just said?
MR. OWENS: I would say very close. Statutes under Florida
law and the regulations provide that at any time a public land
manager can request --
COMMISSIONER SOLIS: Okay.
MR. OWENS: -- an arthropod control plan, and upon that
request, it puts into place these procedures that require both parties to
work mutually on an acceptable arthropod control plan.
COMMISSIONER SOLIS: Okay. So I'm hearing what I
would assume would be questions from other groups saying, okay,
well, absent a request and a plan, what can -- what can the district do
on these lands or not do on these lands? Can it do anything?
MR. OWENS: Under -- well, there's statutes that govern and
regulations that govern what we can and can't do, and we're always
proceeding, obviously, with a mission of protecting public health and
doing that in the least, you know, minimal way. And so I would say
that -- you know, take this forward. If we continue on, go through
the Collier delegation, get sponsorship, get an amendment to our
enabling legislation passed. On Day 1 of our expanded district
boundaries, every public land managing agency can request an
arthropod control plan, and from Day 1, we would, then, be legally
required to work with each public manager on such a plan.
COMMISSIONER SOLIS: Okay. And so I guess what I'm
trying to ask, then, is: On Day 1, without such a request, could the
October 26, 2021
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district go out and apply any kind of Mosquito Control method on
these lands or could it -- or would it not?
MR. OWENS: Within our own integrated pest management
plan, the Florida Statutes provide that all public lands not identified
by a land management agency that are deemed environmentally
sensitive shall be subject to a local arthropod control agency's general
work plan. So to answer your question, until we are put on notice
that a public land manager wants an arthropod control plan, then we
are entitled to proceed with our general work plan.
COMMISSIONER SOLIS: Okay. One that's -- okay. That
answers the question.
CHAIRMAN TAYLOR: All right.
COMMISSIONER SOLIS: So --
CHAIRMAN TAYLOR: I'm sorry.
COMMISSIONER SOLIS: I'm trying to connect the dots.
So -- so -- okay. So absent some request, if the lands are within the
boundary, then the district can do what it feels it needs to do
essentially within its regulatory framework to protect the public
health. And I guess you're asking -- at least the way I understand
what you're asking me to do in terms of my question is, the way I
should reconcile the Army Corps' letters and the Fish and Wildlife
letters is those letters are all well and good, but we have a framework
that we have to abide by, and you disagree?
MR. OWENS: Yeah.
COMMISSIONER SOLIS: Okay.
MR. OWENS: And I absolutely agree that there's already
sufficient framework in place that --
COMMISSIONER SOLIS: Okay.
MR. OWENS: -- that, you know, allows for every public land
agency to request a control plan and work with us. And, you know,
take it to the extreme, if we're unable to agree to a mutually
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acceptable arthropod control plan, then Florida Statutes provides for a
state agency to step in with a dispute resolution procedure, and the
department that governs our agency ultimately is the arbitrator and
makes the decision.
COMMISSIONER SOLIS: So Day 1 they could all just say,
we want a plan. Then the district's hands are tied until there's a plan
that they agree to.
MR. OWENS: It goes through the statutory process,
absolutely. So, yeah --
COMMISSIONER SOLIS: Okay.
MR. OWENS: -- hands are tied, and we cannot, you know,
perform any surveillance or control measures until that plan is agreed
upon or approved --
COMMISSIONER SOLIS: So they control -- they control their
destiny on that. Well, thank you. No, that was -- thank you for
that --
MR. OWENS: Thank you for the question.
COMMISSIONER SOLIS: -- well-stated answer. Thanks.
CHAIRMAN TAYLOR: Commissioner McDaniel, then
Commissioner LoCastro, and then we're going to break for 10
minutes.
COMMISSIONER McDANIEL: Okay. Patrick, Conservation
Collier is a fragmented property ownership. I think we have 19 of
them that don't even have public access, yet, afforded to them. How
are -- how are you going to -- because they're included. They're
included in the expansion bounds. How are you going to manage
that management plan request to theoretically slow down the
activities on those fragmented pieces?
MR. LYNN: Something like 18 of the properties are already
within the district, and establishment of an Arthropod Management
Plan for each one of those, both sides realize that we have a rather
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large task ahead of us.
So although we haven't reached consensus yet -- and I don't
want to speak for Conservation Collier; they may be a good one to
interview -- the establishment of grouping by type of land that we're
talking about or location will be helpful. I don't see, until we -- until
we actually receive a formal request for establishment of those
Arthropod Management Plans, we don't even know what shape it will
take --
COMMISSIONER McDANIEL: Gotcha.
MR. LYNN: -- but 5E-13 provides a step-by-step process.
COMMISSIONER McDANIEL: And that was my synopsis of
what was, in fact, transpiring. The bound expansion goes forward,
the individual agencies that manage the public lands and
environmentally sensitive lands put you on notice for the arthropod
management program, at which point then individually you deal with
those on an individual basis.
MR. LYNN: That's exactly right. And although it may be
somewhat complex, we're certainly happy to abide by that and work
with -- you know, with the agency to come up with a reasonable
solution. For example, Pepper Ranch, right off the bat they said
we're definitely going to want one out there, and we said absolutely.
COMMISSIONER McDANIEL: Certainly.
MR. LYNN: But there may be some grouping or otherwise,
but --
COMMISSIONER McDANIEL: Okay. And that was -- that
was just a semantics question I was trying to grapple with in my mind
as to how that was going to be managed with all those individual
locales, even in Golden Gate Estates, but as you said, they're
already -- they're already part of the control area that you currently
govern.
CHAIRMAN TAYLOR: Thank you.
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Commissioner LoCastro.
COMMISSIONER LoCASTRO: So in the stack of letters we
have here, at least one agency, maybe a couple, imply that they were
going to be Zoom. I just wonder, do we have anybody online from
any of these agencies at all?
MR. MILLER: We have some registered speakers, and I do
have a couple of people online that are from agencies -- I can see that
in their e-mail addresses -- who I think are just standing by to
respond if --
COMMISSIONER LoCASTRO: I guess my response is -- I
mean, I appreciated Commissioner Solis' question to the attorney.
And your response basically was, our hands would be tied if one of
these environmental agencies raised a red flag and said they had an
issue with spraying of these environmentally sensitive lands, and it
would go through a very specific set of approvals, maybe all the way
up to the state. I just wondered if there was anybody on line right
now that represents any of these letters here that would either have a
rebuttal to that or maybe they would disagree with you or they'd have
a major concern so we could hear the opposite side, because there's
some really strong language in some of these -- really in all of them.
So I don't know if anybody --
CHAIRMAN TAYLOR: We do --
MR. MILLER: I have someone from the Army Corps of
Engineers is the closest thing I can see right now at this point, and I
also have -- I don't know what the abbreviation e-mail suffix
FDACS -- I'm not sure what that is. Florida Department of --
CHAIRMAN TAYLOR: That's Forest -- Florida Forest
Service.
COMMISSIONER LoCASTRO: They may not have a --
MR. MILLER: They had indicated they don't really want to
speak, so I'm not sure if they're just listening to monitor your
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conversation.
CHAIRMAN TAYLOR: They're here if we ask them, and I
think they need to weigh in, but I would like to break for 10 minutes
and come back at 2:40, and then we'll take public comment.
(A brief recess was had from 2:30 p.m. to 2:40 p.m.)
CHAIRMAN TAYLOR: Thank you very much. And I
believe we are into public comment right now.
MR. MILLER: Yes, ma'am.
CHAIRMAN TAYLOR: And Meredith Budd has --
MR. MILLER: Yes.
CHAIRMAN TAYLOR: -- slipped me a note that she has to
leave as soon as she speaks, and I think, just out of respect --
MR. MILLER: She's right here on top.
CHAIRMAN TAYLOR: -- if we're all right with that, rather
than hearing from people --
COMMISSIONER McDANIEL: You're giving her priority
over those other public speakers?
CHAIRMAN TAYLOR: Yes.
MR. MILLER: Your first speaker will be Meredith Budd. She
will be followed by Shawn Clem.
MS. BUDD: Good afternoon, Commissioners. I appreciate
that. Thank you so much. Meredith on behalf of the Florida
Wildlife Federation.
For Conservation Collier, we believe it's prudent to establish the
arthropod control plans for all new and existing preserves both within
the current boundary and the expanded portion of the boundary.
This doesn't mean that every single urban preserve needs its own
plan. They can be a comprehensive plan for urban preserves, and
then the larger less urban ones would merit perhaps their own
arthropod plans.
I had an e-mail correspondence with U.S. Fish and Wildlife
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Service Biologist Mark Danaher who lives here in Naples, and he
shared an anecdotal story of how general operations of Mosquito
Control have caused direct harm to wildlife on his property in Golden
Gate Estates where after they were alerted of aerial spraying, all of
his monarch caterpillars were dead the next morning, and he's seen a
decline in the pollinator species after aerial treatments. I do have a
copy of those comments if you'd like them when I'm done.
Our Conservation Collier lands are meant to host wildlife, and
having any of those lands under the general mosquito control
operations would not be consistent with the intent and goals of the
program. Having plans doesn't mean Mosquito Control cannot
operate, do research, and apply treatments as necessary and protect
human health. It just ensures the treatments are compatible with our
conservation lands.
For the RLSA, you've seen the ECPO position statement
regarding the SSAs and Mosquito Control District operations, and
they have supported having appropriate management plans on those
SSAs. And so to that end, the county should ensure that policies
related to SSAs reflect the statement from ECPO to ensure
coordination for proper arthropod management plans on our SSAs.
For the state and federal lands, we're not opposed to the district's
expansion of their boundary in general into human population areas.
In fact, if there is a delay, we believe that the delay should just be for
the areas within the federal and state conservation lands, not for the
areas where there's going to be human presence.
There are areas distinct from urban areas and have no human
population. Picayune Strand State Forest, Collier-Seminole State
Park, Rookery Bay, parts of Ten Thousand Islands. Picayune Strand
has expended hundreds of millions of dollars of taxpayers funds to
restore wetlands.
Since the boundary is within -- is a taxing district, there's no tax
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base in these lands, and so there's no need to include them.
Alternatively, the Mosquito Control District can work directly with
the land managers and have formal agreements to have an access to
study the protected areas and have arthropod management plans that
will allow for appropriate treatment when necessary. There is an
existing arthropod management plan on Picayune. So the idea that
they have a plan that they can execute outside of their boundary
exists. That precedent exists.
You've seen formal comments from the major land management
agencies, the Corps, the Service, the South Florida Water
Management District, all providing similar comments.
We ask that you recommend the district, the Mosquito Control
District, to end the legislative delegation, that these state and federal
lands be excluded from the expansion. Those alternatives that we've
presented and that have been presented by the agencies is a win-win.
It will ensure human health, and we can be the best stewards of our
conservation lands.
Thank you so very much.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Shawn Clem. He'll be
followed by David Korte. She'll be followed by -- I'm so sorry.
DR. CLEM: No worries.
Thank you, Commissioners, for this opportunity to speak today.
I'm Dr. Shawn Clem, research director at Audubon's Corkscrew
Swamp Sanctuary, and I'm here to ask that the expansion of Collier
Mosquito Control District does not include additional conservation
lands within the district, particularly places like Picayune Strand
State Forest.
I came to South Florida over 20 years ago to attend graduate
school in Miami. My dissertation research focused on impacts of
increased nutrients on the Everglades food web beginning with the
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small aquatic invertebrates at the base of the food web, which are the
primary food source for fish, who are the food source for higher
trophic levels like wading birds and alligators.
My research helped demonstrate the important role these aquatic
invertebrates, animals like fly and midge larva have on our food web.
This research was used in part to set the water-quality criteria for
Everglades restoration. An important step in ensuring this
restoration, which is the largest ecosystem restoration project ever
attempted, was successful.
Much of my career is focused on food web research surrounding
Everglades restoration from Everglades National Park in the water
conservation areas to Florida Bay, Big Cypress National Preserve,
and, most recently, the Picayune Strand's restoration project.
Aquatic invertebrates are a key component of the food web that
supports wading birds and other animals that are key indicators of
Everglades restoration success. This relationship is widely
understood and appreciated, prompting mosquito control districts
around the world, including the Collier Mosquito Control District, to
distribute Gambusia holbrooki, our native mosquitofish, as a means
of mosquito control. Collier Mosquito Control District even has a
whole web page dedicated to the important trophic relationship, our
native mosquitofish, which one of the most common freshwater fish
in the Everglades, and one of the species most commonly eaten by
wading birds, and mosquito larvae.
The Picayune Strand restoration project is the first
comprehensive Everglades restoration project to actually get off the
ground. Environmental engineers and ecologists around the world
are watching this project.
We cannot spend hundreds of millions of dollars to restore the
Picayune Strand and at the same time consider any measures that
would limit the food web base for a wetland wildlife and threaten
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restoration success.
The human-health threat mosquitoes can pose is real. I know
this firsthand, as my mother contracted encephalitis, a
mosquito-borne virus, in the summer of 1980. I've seen her struggle
her whole life with cognitive challenges and memory loss as a result.
The threat is real, and it can be very scary, but we must rely on
science here. We must focus on controlling mosquito-borne virus,
not just controlling mosquitoes. We need more research and
monitoring to understand these viruses and their movement around
developed areas. We do not need any arthropod control measures in
conservation areas, and we do not need to include these conservation
areas within the district in order to monitor mosquitoes or the viruses
they carry.
Monitoring within these areas can be done with other
agreements, including over 100,000 acres of conservation lands
within the district only opens the door for future control methods,
which would not only be inappropriate but counterproductive to the
ecosystem, conservation, and restoration work that so many of us
have devoted our careers to.
Thank you.
MR. MILLER: Your next speaker is David Korte. He'll be
followed by Jeffrey Carter.
MR. KORTE: Thank you for the time. My name is David
Korte. I'm a resident of Golden Gate Estates for the past two years.
I'm a citizen concerned for the health of the environment.
I'm in agreement that spraying for mosquitoes will benefit
human populations to address the spread of virus transformation.
My concern is for the rest of the food -- the food web, the fish
populations, amphibian populations, other invertebrate populations,
all wildlife that depend on mosquitoes and their larvae as a food
source.
October 26, 2021
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The restoration of Picayune Strand begun in the early 2000s at a
cost of more than $500 million is intended to restore the water sheet
flow from south of the Caloosahatchee watershed to the gulf through
the estuaries, encompassing Ten Thousand Islands. This would,
through my understanding of restoration, include the biodiversity of
the region.
Spraying for mosquitoes within this watershed will likely impact
fish, reptile, bird, and bat populations through depletion of this
mosquito-based food source, and will impact pollinator populations
through collateral damage. These insecticides are likely to
eventually leach into the gulf waters where they will have
consequences for the wildlife off shore. I believe there is research
that has not -- not been adequately addressed.
Like I said, there is benefit to mosquito control in areas of
human habitat, but I believe aerial spraying on public conservation
lands, including Picayune Strand, should not be allowed without
additional study and consideration of all impacts to biodiversity.
Thank you for allowing my comments.
CHAIRMAN TAYLOR: Thank you very much.
MR. MILLER: Your next speaker is Jeffrey Carter. He'll be
followed by Brad Cornell.
MR. CARTER: Thank you, Commissioners. My name is Jeff
Carter. I'm the stewardship coordinator and aquatic preserve
manager at the Rookery Bay National Estuarian Research Reserve.
I'm here today in stead for Keith Laakkonen, who is our director.
He couldn't make it today. He apologized for that.
Community leaders led the initiative to designate Rookery Bay
as a national estuarine research reserve over 40 years ago due to the
extensive pristine coastland mangroves ecosystems.
The lands and waters proposed for the Mosquito Control District
boundary expansion are environmentally sensitive and
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highly -- highly biologically productive public lands owned and
managed by the state as a research reserve to aquatic preserves and
outstanding Florida waters within the reserve -- or intent of being
preserved in an essentially natural and existing condition so that their
aesthetic, biological, and scientific values may endure for the
enjoyment of future generations.
Additionally, RBNERR's home Rookery Bay, meaning, is home
to many rare and economically important species which may be
impacted by orthopod control efforts. A boundary expansion is not
necessary to conduct research and monitoring on reserved managed
lands. Rookery Bay National Estuarine Research Reserve has data
on habitats and other resources that would assist research in
monitoring mosquitoes within the reserve.
The Collier County Mosquito Control District and RBNERR
have a long history of collaborative research designed to minimize
the impacts of arthropod control near the reserve. RBNERR
encourages CMCD to conduct research and monitoring, and the only
requirement is for research staff to complete -- with research staff is
to complete a simple form and share the results of the work to help
Rookery Bay staff better manage the reserve.
Rookery Bay has conducted and is planning several large-scale
restoration projects such as the Fruit Farm Creek restoration project
to restore wetlands and natural water flows within the reserve and to
downstream estuaries. These restoration projects will restore tidal
flows to these areas. Much of the proposed boundary expansion
includes these areas.
In partnership with the reserve staff, there are many
opportunities for federal and state funding for hydrologic restoration
that benefit both mosquito research and natural resource
management. Rookery Bay is committed to working cooperatively
with the staff of the Collier County Mosquito Control District to
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identify specific locations requiring hydrologic restorations.
Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Brad Cornell. He'll be
followed by Kevin Godsea.
MR. CORNELL: Good afternoon, Commissioners, Madam
Chair. Thank you for the opportunity to address you.
I'm Brad Cornell. I'm here on behalf of Audubon Florida, its
Corkscrew Swamp Sanctuary, and Audubon Western Everglades.
This is a precedent-setting discussion that you're having today.
It's a statewide interest, it's important, and I think it's very timely, so
thank you for entertaining this discussion today.
Audubon Florida and Audubon Western Everglades support the
expansion of the Collier Mosquito Control District to include new
residential areas of Collier County; however, we oppose the inclusion
of over 100,000 acres of state and federal conservation and
restoration lands. There are alternative ways without boundary
inclusion the Collier Mosquito Control District can protect public
health and safety, do research and monitoring, and protect the huge
public investment in these conservation lands and Everglades
restoration. Audubon believes that is through collaborative MOUs
or other agreements plus mutually created Arthropod Management
Plans.
I also want to point out, as you have already stated, all of you,
that state and federal land management agencies have -- who were
not at your July 13th vote when this originally was in front of you,
none of them were in the room, all of them have voiced through
letters strong opposition to the unprecedented inclusion of their
conservation lands and the large -- particularly the large Picayune
Strand large Everglades restoration project, but they all have
suggested the Collier Mosquito Control District pursue alternative
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ways to address monitoring and research needs and any possible
appropriate treatment needs.
These agencies include the Army Corps, the South Florida
Water Management District, Big Cypress Basin, U.S. Fish and
Wildlife Service, the Florida Department of Environmental
Protection, and Rookery Bay, and I see also that the Florida Forest
Service is here in response to Audubon's and Florida Wildlife
Federation's recommendation at the last board meeting of the Collier
Mosquito Control District that they use these strategies and mutually
created arthropod management plans.
The staff said that they were statutorily prohibited from pursuing
that route. We have not seen such prohibitions in statutes and
believe that it is possible as shown by the current work the Mosquito
Control District does outside their boundaries with research at
Collier-Seminole State Park and treatment for Ave Maria, the 2017
Arthropod Control Plan for Picayune Strand State Forest, and past
informal work on and near Rookery Bay National Estuarine Research
Reserve.
So we urge the County Commission to rescind -- consider
rescinding the 7/13 approval but do forward the expansion for
human-occupied areas. That's absolutely critical. We don't want to
see that delayed. But we do want to see the exclusion of the public
conservation lands, the state and federal lands that are in front of you
and that these agencies have asked to be excluded.
Thank you very much.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Kevin Godsea. He'll be
followed online by Brian Camposano.
MR. GODSEA: Kevin Godsea. I'm the refuge manager for
Florida Panther and Ten Thousand Islands Natural Wildlife Refuges.
And our letter that we submitted speaks for itself, so I won't reiterate
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much of that. But I did want to give you the opportunity -- it
sounded like there was some questions that folks wanted to ask to the
land management agencies.
But I will offer this: Certainly we understand the need for the
public-health concerns of the Mosquito Control District to address
diseases such as encephalitis and West Nile, but the presence of
mosquitoes is also necessary to the ecological function of our unique
South Florida ecosystem. Control methods using pesticides
sometimes -- even some of natural origin can pose a threat to our
natural systems by significantly affecting the food chain.
So we're here seeking a balance, seeking a balance to the human
disease control efforts as well as -- that are necessary in more urban
areas and on the necessity of continued mosquito presence in natural
areas.
So we believe what's necessary there is really more inventory
monitoring and surveillance for the disease not necessarily for -- for
presence of mosquitoes. We know mosquitoes are there, but what is
the presence of the disease? And so that's what we require.
So on federal lands, much of what has been talked about is the
state process, but on federal lands there is also other processes that
have to go through the National Environmental Policy Act and NEPA
process.
And so I believe it was said by one of the commissioners here
that we control our own destiny, and I'm not quite sure that's totally
true. Yes, we have the ability to do mosquito management plans,
yes, we have that, but if it can all be undone by just declaring a
public-health emergency, what good is the plan to begin with?
And so I think to be proactive in addressing that through
management plans is appropriate, but I feel like we also need to make
sure we have the science to back that up, what is the prevalence of
disease from our ecosystems, especially outside of the urban areas.
October 26, 2021
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CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is on Zoom is Brian
Camposano, and he will be followed by Durland Fish.
Mr. Camposano, you have three minutes.
MR. CAMPOSANO: Hi. Good afternoon. Can everybody
hear me? I hope this is coming through.
CHAIRMAN TAYLOR: Yes. Yes, it is.
MR. CAMPOSANO: This is Brian Camposano. I'm the
assistant chief of forest management for the Florida Forest Service,
and I actually intended just to sit in here and listen and be available to
answer any questions, but I will make a brief statement.
So the Florida Forest Service does have similar concerns to
those in the letters that you-all received today. The point has been
made, but I wanted to make it again that the Picayune Strand State
Forest does have an arthropod control plan in place currently with the
Mosquito Control District, and it is appended to our 10-year resource
management plan as the lead manager for Picayune Strand State
Forest.
We do offer this to all Mosquito Control Districts every time
that we renew a 10-year plan to make sure that they've got an
opportunity to provide a written plan should they want to provide a
plan. Some Mosquito Control Districts choose not to provide a plan
and, therefore, do not provide any mosquito control on those state
forests.
But in this case, we do have one in place, and we will work with
the Mosquito Control District, as we have in the past, to continue,
you know, what would be a sensible treatment option for, you know,
Picayune Strand should the need arise to treat there.
So with that, I'll stay on the line or stay here on the meeting for
the rest of this agenda item in case there's any questions, but that's all
I've got for you. Thank you.
October 26, 2021
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CHAIRMAN TAYLOR: If you would just please hold on. I
think we have a question from Commissioner LoCastro.
COMMISSIONER LoCASTRO: Sir, so my question is, having
said what you just said, you don't feel, then, that the conservation
lands to include Picayune Strand and other areas would need to be
included in the map because you already have an agreement to do
certain things there that is sufficient, correct?
MR. CAMPOSANO: So I'm speaking only for Picayune
Strand State Forest, but in the case of Picayune Strand State Forest, I
do not see a need for it to be included because we have already
reached out to the Mosquito Control District and will continue to do
so over time as the plan gets updated or as needs arise to make
changes to those plans. So, yes.
COMMISSIONER LoCASTRO: Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: All right, ma'am. Our final online speaker is
Durland Fish. Durland, you're being prompted to unmute yourself,
if you'll do so at this time. And there you are, sir. You have three
minutes.
MR. FISH: Okay, thank you very much. Yeah, my name's
Durland Fish. I'm a resident of Port of the Islands. Port of the
Islands is a community of about 1,000 residents. We're surrounded
by Picayune State Forest on the north, Fakahatchee preserve on the
east, Ten Thousand Islands' Wildlife Refuge on the west, and
Everglades National Park on the south.
We have about maybe just a few hundred acres. We don't
produce our own mosquitoes, because we have no standing water, but
all the mosquitoes that come within our community come from
natural areas, and we don't have adequate mosquito control.
We do have occasional problems with pest mosquitoes. Every
few years there's a concern about not being able to go outside, you
October 26, 2021
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know, and enjoy ourselves, and there's also concern about
mosquito-borne diseases, which we know occur in this area of Collier
County.
And the expansion of mosquito control designed to include, you
know, Port of the Islands as well as Picayune, which I think is -- I
think is a good idea and is something that our community would
welcome. I'm not -- I don't speak for the community. I'm speaking
as an individual. But I think it's prudent to wait, and I'll tell you
why. It's because we really need a very specific plan for managing
this situation, particularly with regards to public health. You need to
have a very strict criteria on what constitutes public-health risk. And
you need to have a very specific criteria as to what kind of mitigation
measures will be implemented in natural areas to ensure minimum
environmental impact.
I haven't seen any documents that address those issues
specifically, and I think that it's critical to have that, because in the
case of a public-health emergency, and that could be -- that could be
just one case of something like eastern equine (indiscernible)
public-health emergency.
And then, without a plan on how to -- how to mitigate that in the
natural areas, mosquito control will have to be implemented. And it
may not be -- the methods may not be in the best interests of
environmental conservation.
So I think a plan, a very detailed plan that everybody agrees on
is essential, and I think that can only happen with the county
mosquito control expanding its jurisdiction or its activities in these
areas.
Our situation in Port of the Islands is unique, but as development
encroaches upon these natural areas, there will be other communities
that will be in the same position, and I think it's prudent to look into
the future and have a plan on how we're going to deal with this issue.
October 26, 2021
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CHAIRMAN TAYLOR: Thank you very much.
Commissioner LoCastro, do you have a --
COMMISSIONER LoCASTRO: Port of the Islands is in my
district.
I've got a question for you, Mr. Lynn. When we expanded the
map to include more residential areas, wasn't Port of Islands one
of -- forget Picayune, but Port of the Islands itself, that footprint,
wasn't that something that got shaded that hadn't been shaded before,
or no?
MR. LYNN: Yes, that's correct.
COMMISSIONER LoCASTRO: Right. Okay.
CHAIRMAN TAYLOR: All right. So, sir, you are included,
whosever online.
Okay. Is that it?
MR. MILLER: That is all of our public comment for this item,
ma'am.
CHAIRMAN TAYLOR: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Well, that's really my last
question, but I'm ready to make a motion unless somebody -- I don't
want to interrupt if anybody's got questions or is talking, but...
CHAIRMAN TAYLOR: Maybe we'll have a little discussion.
Commissioner McDaniel.
COMMISSIONER McDANIEL: I'd just like to -- Patrick?
Mr. Lynn. He didn't jump when you said "Mr. Lynn" earlier.
COMMISSIONER LoCASTRO: I noticed. Yeah, he just sat
there.
COMMISSIONER McDANIEL: If you call them Patrick --
COMMISSIONER LoCASTRO: The lawyer had to nudge him
a little bit. Thank you.
COMMISSIONER McDANIEL: I concur with Commissioner
Solis with regard to the concerns that are being represented by the
October 26, 2021
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agencies and these federal/state land managers and such.
My question is, if we don't -- because we're not here today
to -- what I understand, we're not here today to reconsider our support
for the expansion of the district's bounds. I have a specific question
with regard to not doing it and your need -- you're not spraying in the
panther preserve right now at the refuge.
MR. LYNN: I think the term "spraying" is a misnomer.
COMMISSIONER McDANIEL: Okay.
MR. LYNN: On public lands we use BTI. It's a simple
bacteria.
COMMISSIONER McDANIEL: And that BTI does what?
MR. LYNN: That BTI gets into -- it's consumed by the larva
mosquitoes --
COMMISSIONER McDANIEL: Correct.
MR. LYNN: -- and it kills them.
COMMISSIONER McDANIEL: So it's a larvicidal control
method as opposed to --
MR. LYNN: That's exactly right.
(Simultaneous crosstalk.)
COMMISSIONER McDANIEL: Forgive me for misspeaking.
You're the one that does this all day every day.
MR. LYNN: No, I think it's important in terms of perception.
COMMISSIONER McDANIEL: Well, go back around to the
perception of that food chain that folks are talking about and the
larvae that are eaten by the fish that are eaten by the wading birds and
so on and so forth. In the event of a health event, as was represented
by the refuge, in the event of a health event, can you go -- can you go
control over there --
MR. LYNN: If our Arthropod Management Plan says that we
can, we would, but we don't -- we don't go to -- a couple of important
things. We have to agree upon that before we start anything in these
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areas.
COMMISSIONER McDANIEL: So this expansion moves us
closer to having an agreement with these independent agencies that
have controlling management over these individual lands. So the
expansion doesn't authorize you carte blanche to go do mosquito
control. It initiates the negotiations to the management plan that
would then, in the event of a health event, such as what was
represented, you would have that capacity to go -- it would be part of
that plan.
MR. LYNN: Absolutely. It needs to -- in other words, our
hands are tied in terms of the negotiation process by statute and by
code. If we don't have a -- even though -- for example, if you take
the Arthropod Management Plan that we currently have with
Picayune, that actually came about because of Zika. The
Department of Environmental Protection said to FDACS and
Forestry, go get a plan. We've never treated in the Picayune. As a
matter of fact, that plan is up for revision as we speak.
COMMISSIONER McDANIEL: Correct.
MR. LYNN: So we're not going to go under the cover of
darkness and go spray. Nor are we mosquito annihilation. We're
mosquito control. The science is not static. It's dynamic. As time
moves on and -- we were not invited to the table for the restoration of
the Picayune Strand either. Despite all the money that was spent, we
were not there.
What we're trying to do here is to use the only things that we do
have, the protections and the guidance of the statute and the code to
get to a point where we can develop a plan so that as the inevitable
population increases, that we're ahead of the game.
COMMISSIONER McDANIEL: Gotcha.
MR. LYNN: We will not be spraying in these areas.
COMMISSIONER McDANIEL: Forgive me.
October 26, 2021
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MR. LYNN: So -- and I don't mean to sound frustrated by that,
but it is something that's important.
COMMISSIONER McDANIEL: I understand. Thank you.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. I want to start
off by saying, first of all, I'm not a real fan of mosquitoes, so this is
not a pro-mosquito position necessarily.
And, Commissioner McDaniel, I think maybe we are here to
decide whether we want to continue to support the expansion. So I
would disagree with that; I think that's why we're here today.
I want to read one sentence. We've all read these letters, but for
the audience and for the people that are watching at home, I want to
read one sentence. And this is the letter from Lisa Kohler,
administrator of the Big Cypress Basin, and it says, the South Florida
Water Management District requests that the Collier County Board of
County Commissioners not support this expansion that threatens
Everglades restoration and allow for additional time for the
development of more appropriate land management plans that
support ecosystem restoration and human health. I don't know how
we can ignore that type of a statement, and all the other letters are
basically the same.
I started off early on in discussion by asking, what is the harm
delaying the expansion of this boundary for another year? And I
didn't really get an answer. I don't believe I got a sufficient answer.
And I suspect that there probably isn't any real harm in waiting
another year to get some of these things addressed. And so I think
the correct thing to do is, perhaps, admit that maybe we were a little
hasty in passing the resolution to support the boundary expansion,
withdraw that resolution, and ask the legislative delegation to hold
off for a year while some of these things can be worked out, and
perhaps at some point in the very near future have a fairly lengthy
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hearing on what is the right approach but to do that after we have
more input from all the environmental groups and the folks that are
interested in this issue.
So, Madam Chair, that's kind of my thought is that we should
move --
CHAIRMAN TAYLOR: Is that a motion? Do you want to
make a motion -- wait for discussion then.
COMMISSIONER SAUNDERS: Yeah, I'll wait for some
discussion. I don't have a problem making a motion, but that's kind
of my feeling that we should do today.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: And I don't know if this is a
question for Mr. Lynn or the counsel for the district. But
Mr. Godsea from Fish and Wildlife said that there wouldn't -- what's
the point of having an arthropod plan -- and if I'm misquoting you -- I
think I wrote it down right. What's the point of having an Arthropod
Management Plan if the district could just declare a public emergency
and then do whatever they want?
So my question is -- and it gets to that point that he was trying to
make. I mean, what is the difference between just having a plan on
the one hand and being included in the district boundary and having a
plan? Is there any difference at all? And is it true that the district
could somehow declare a public emergency and then disregard what's
in the plan?
MR. LYNN: I think it's an excellent question. If I may, a
public-health emergency is not issued by us. It comes from the state
level. Furthermore, we were currently under a public-health alert for
mosquito-borne disease right now with West Nile, and we have been
so for approximately a month, maybe six weeks.
And I also wonder where the letters of support are. We sent
you several. At least three that I'm aware of should have come to
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you and should be included in your point/counterpoint set of letters
that you have opining about this.
And, further, one last thing, with a bit of frustration, as my
peers, trying to take care of the community, we came today to talk
about Conservation Collier and this -- what is transpiring, although I
understand that there's a -- that there's a great deal of concern, the
motion that we would be irresponsible or not follow all of the
regulatory framework that's in place for us, that is the reason why we
should not postpone this. The amount of resources that we've had to
expend in outreach have been enormous.
The three, four of us up here have kind of had to do our day jobs
at night in order to try to reach consensus on this, and to have a few
NGOs point out that what we're doing is going to harm the
environment is, quite frankly, difficult to swallow because we have to
play by the set of rules that we have.
Your Collier Mosquito Control District, an independent special
taxing district overseen by a five-member Board of County
Commissioners, is absolutely committed to providing the very best of
public health and comfort for our residents, for our visitors, for real
estate value, and beyond.
I just -- if we have to wait a year, we, essentially, start all over
again from ground zero, and I assure you that the NGOs will move
the goalpost, but we will if we must. We've worked to get
sponsorship. We have counsel in Tallahassee. We have a local bill
drafted. We did everything based upon the approval that you gave
us in July. And if you rescind that, then we start all over again.
And, quite simply, that is why I say don't delay.
COMMISSIONER SOLIS: And can I -- and just to finish up
what I was going to say. I have to agree. I didn't think we were
here on whether or not we were going to vote to rescind this. I
mean, we got -- I got these letters and wanted to just discuss them.
October 26, 2021
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But, I mean, I think if -- from my perspective, if we're going -- if
we're going to ask the district to, you know, make a presentation
again on how to respond to these letters, this whole thing came up in
the context of them not having a chance to respond to statements that
were made by Audubon and Florida Wildlife Federation. I think we
have to -- we have to do this in an orderly manner. And I don't -- I
don't know that it's going to be fair to call for a vote on that today. I
mean, I don't see that that is being fair.
But, again, I'm just trying to get to -- I want to understand how
this really works, because it almost seems like a chicken and the egg
problem. Do we have a plan first or a boundary change, and it
sounds to me like if you can have a plan without a boundary or you
can have a boundary and a plan, but in any event whatever's going to
happen and whatever the district's going to do is going to be bound
by the terms of a plan that's requested, I think we're going around in a
circle, because it all has to comply with the statutes and what the plan
that the land management folks are going to agree to say.
I just -- I don't know -- I think we're going around in a circle,
and I wouldn't feel comfortable making a decision today on whether
or not to rescind -- you know, after the amount of effort and expense
that the district's gone through to kind of just do this on the fly,
just -- I don't think that's fair, and we shouldn't do that today.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: The expansion of the map did
two things: It expanded into residential areas like Port of the
Islands, that's a perfect example, but then it also expanded into
conservation areas, which is somewhat controversial.
This is more of a question: Do we have -- is this an
all-or-nothing decision today? Do we have the ability to approve the
expansion of the boundary in all the residential areas but exclude the
conservation areas, or it's an all or nothing? And maybe that's for
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Jeff. Maybe that's for you, Patrick.
CHAIRMAN TAYLOR: County Attorney.
MR. KLATZKOW: They came to you with the request, and
you granted the request. I suppose, Commissioner, what you're
saying is, are you willing to reduce that request just to the residential
areas?
MR. OWENS: A few things. We obviously would like the
resolution as already passed to continue.
Just a few comments that I heard I just want to address quickly,
if you would give me that ability.
I think Mr. Godsea from U.S. Fish and Wildlife said it best, that
he's seeking a balance, and we want to reiterate that. The existing
statutory and regulatory framework provides that balance. Every
public land manager in all of our proposed expansion areas has the
absolute right to request and require that Collier Mosquito Control
negotiate and enter into an arthropod control plan.
Commissioner Saunders, I think you asked about South Florida
Water Management District not being in support and just allow for
additional time. They do not need additional time nor does any other
public land manager need additional time. They have protections
already in place to provide them with the ability to require us to enter
into that arthropod control plan. The difference is, if we don't
include those areas, is we don't get a ticket to the negotiation table.
They can say in front of you today that they are more than happy to
enter into an interlocal agreement, but that doesn't mean that they're
going to, and it doesn't mean that we can mandate it or require it.
We just want that ticket to the negotiation table so that we can work
collaboratively with all these public land managers and meet our
mission in protecting public health.
CHAIRMAN TAYLOR: If I may say something: I wish that
had been more forthcoming when we granted the expansion of the
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boundaries. You were very candid and very direct about why you're
here.
Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Well -- and I agree
with Commissioner Solis or he agrees with me. I don't have any
intention of supporting rescinding our previous support. If we're
going to do that, then we -- and I know you have said regularly that
the Board can do what it wants as soon as the TV turns on and so on,
but I don't think that's a fair --
COMMISSIONER SAUNDERS: I don't disagree with you.
COMMISSIONER McDANIEL: And so I would rather we
have another public hearing, in fact, if that is the choice that we're
going to do that, but I have no intention of rescinding my previous
support. I still am in support of the bounds. I still am concerned
with the environmental impacts of what, in fact, could transpire.
And Steve's over there hiding behind my court reporter.
But, I mean, in the event of a public-health event, Mosquito
Control's coming whether you like it or not, whether there's a plan or
not in place. If that's -- they don't pick the health issue. That's
dictated by the state and/or the feds. And so not having an
expansion of the boundary, it's virtually inconsequential. So having
it allows for proper negotiations. Everybody comes to the table.
We all -- they -- everyone there develops that plan and then acts upon
the plan. So I've said my piece.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I mean, I hear what you're
saying, but every letter here doesn't say that they feel like they have a
seat at the table. I mean, these are all very black and white. And
granted, it's coming from the environmental folks that are taking a
very hard stance.
October 26, 2021
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I guess my question is -- and this is just really healthy
conversation before we vote on something that's this important. Do
we lose anything in approving the expansion of the boundary to all
the residential areas that have been included but we delay including
the environmentally protected areas to have another conversation, or
would that slow everything down?
I mean, it is important for -- a lot of the areas that were included,
the residential areas, are in my district, and the people scream very
loudly about them not being protected. But I also don't want to just
give that blanket approval, pull in all the conservation areas that I
really am hesitant to approve. So to find that balance, is it possible
to approve the expansion of the boundary, as I said before, including
the residential areas but delay, not a year, maybe to another meeting,
to allow these folks to come more forward? You know, in the
end -- like, we just got all these letters at the last minute. I think our
vote might have been a little different last time had we had a little bit
more information, or maybe not.
But is it possible to do that? Does anybody have an appetite for
that here? I mean, I agree with what you're saying. We made a
decision previously, but maybe that wasn't the right decision; maybe
it wasn't with all the information.
So I'm sort of piggybacking a little bit on what Commissioner
Saunders is floating.
COMMISSIONER SAUNDERS: The legislature meets in
January and February of this year, this coming session, because it's an
election year, so they meet a little early. So the local bill would be
submitted probably sometime in the early part of February, middle of
February is when the legislature would consider a local bill. So
there is a bit of time, and all we're being asked to do by some folks is
to rescind our support for that local bill. So we have time to do that.
And the legislature may not pay any attention to us even if we did
October 26, 2021
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that.
COMMISSIONER McDANIEL: I was going to say, because
this is a state issue with or without our support.
COMMISSIONER SAUNDERS: But it's just a question of
whether or not we continue to support the expansion of that boundary
through the special act of the legislature.
COMMISSIONER LoCASTRO: But do we have time between
now and then to make any adjustments here?
COMMISSIONER SAUNDERS: Yeah. We have a couple
months.
COMMISSIONER LoCASTRO: And I'm sensitive to what
Mr. Lynn said, although I don't quite agree with it. I think if we
decided to do that, if that was possible, I don't think it brings you
back to square one, and all the work you've done up to now is for
nothing and whatnot. If I'm wrong, please, you know, correct me.
But I feel like we're at the 95 percent solution, but I think we owe it
to the citizens, to the county, to actually get this as right as possible.
And if we all have some hesitations and a bunch of organizations also
that, you know, we value their opinion as well, are concerned about
the conservation piece -- I don't think any of us are concerned about
expanding the boundary into residential areas that probably should
have had it already, but it's that conservation piece. And if we have
time to get that more correct, you know, I, for one, would support
that.
MR. OWENS: And I would just say that I wish I shared as
much optimism that there's a lot of time. Commissioner Saunders is
correct that the local bill submission date would be in the January,
February range to the legislature, but there's a multistep process to
get this past the finish line, starting with this commission approving
it, then it goes to the Collier County delegation, which is in
December. It needs to pass that hurdle before -- then it gets moved
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forward to the legislature.
So -- and behind the scenes, every time there's a change in
the -- we've already, for example, prepared an in-depth legal
description of the boundary expansion area that's been approved by
this commission. You know, obviously, any changes requires that to
be amended.
And so we are really running up to deadlines that are fast
approaching with respect to that Collier delegation. So we don't
really have till February. So there has been a lot of work behind the
scenes and, obviously, you know, we would hope and submit to you
that the balance exists under current Florida law. Submitting the
district boundaries as you've already approved protects all parties.
CHAIRMAN TAYLOR: Okay. So is there a motion, or do
we just leave it, or how are we moving forward?
COMMISSIONER SAUNDERS: Madam Chair, I agree with
Commissioner Solis and Commissioner McDaniel that it would be
somewhat unfair for us today to rescind our support for the boundary
expansion but, at the same time, I think it would be a mistake for us
to just simply ignore the letters that we've gotten. And so perhaps
this needs to be another agenda item --
CHAIRMAN TAYLOR: Next month.
COMMISSIONER SAUNDERS: -- for that type of an issue.
Now, I understand that every time that there's change in the
boundary you have to redraft a special act and all that. But that
doesn't keep -- that doesn't prevent a special act from being approved
just because there are changes made along the way. So I understand
you've got to submit your bill, and it's got to go through the
appropriate committees, but those committees can make changes.
So I don't think that would be a problem in terms of us taking our
position in December for --
CHAIRMAN TAYLOR: In December.
October 26, 2021
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COMMISSIONER McDANIEL: By December.
CHAIRMAN TAYLOR: Well, in December. We have two
more meetings. November and -- November's probably too quick.
We've got a pretty loaded agenda in November. So let's think about
December.
And, Commissioner Saunders, if you would please just
restate -- I always ask you this. How many years were you in the
legislature?
COMMISSIONER SAUNDERS: I was there for 14 years. It
seemed like a lot longer, but 14 years.
CHAIRMAN TAYLOR: So I think he has 14 years' experience
to let -- we're not pulling the plug on this. We're just delaying it to
have another hearing in December.
MR. OWENS: When is the proposed hearing date in
December?
COMMISSIONER SAUNDERS: Second Tuesday.
MR. CALLAHAN: It's December 14th, ma'am.
MR. OWENS: The Collier delegation, which we're required to
have this commission's approval in order to move forward, is
December 8th.
CHAIRMAN TAYLOR: We could have a --
COMMISSIONER LoCASTRO: Can we rejuggle our
November agenda items because this one's critical?
CHAIRMAN TAYLOR: Sure. Yes, we could.
COMMISSIONER McDANIEL: I mean, let's just make the
time to do it in November, if you're --
CHAIRMAN TAYLOR: Yeah, we'll make the time.
COMMISSIONER McDANIEL: -- so inclined. I mean -- or
we could just not hear it again and allow this process of this
expansion to go on, trust that our mosquito control and the
independent district and the elected officials are, in fact, going to do
October 26, 2021
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the right thing and then address these concerns and issues that are
there and be prohibited from doing anything with malice within these
environmentally sensitive lands by the action. I mean, that's an
alternative. We don't have to hear this again.
COMMISSIONER SAUNDERS: Yeah. If we don't do
anything, then the legislature has our approval.
COMMISSIONER McDANIEL: Correct.
CHAIRMAN TAYLOR: That's the challenge you have.
COMMISSIONER McDANIEL: And, I mean, we all have
concerns. Commissioner LoCastro, I concur with you. There are
reservations with regard to, again -- in simple Billy language, the
spraying activities in environmentally sensitive lands. But
you're -- again, you're over here saying that the things that you're
doing aren't that large, if at all, of a negative impact, and then there
are others who we know, love, and trust that are telling us that it is.
And so there's where the -- for me -- for me that's where the
consternation comes from.
COMMISSIONER SAUNDERS: So, Madam Chair, why don't
we just place this on the agenda in November?
CHAIRMAN TAYLOR: Is that a motion?
COMMISSIONER SAUNDERS: I'll make that as a motion --
CHAIRMAN TAYLOR: I'll second that.
COMMISSIONER SAUNDERS: -- for a public hearing, and it
will be for consideration of our support for the boundary expansion.
COMMISSIONER McDANIEL: And that will give --
COMMISSIONER SAUNDERS: There will be no confusion
as to what we're talking about.
CHAIRMAN TAYLOR: Good.
COMMISSIONER SAUNDERS: And then we can try to
modify that resolution or withdraw it or keep it as it is.
CHAIRMAN TAYLOR: So there's a motion on the floor and a
October 26, 2021
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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
very much.
I would like to go -- because we've had patient folks in the -- in
the room, I'd like to go, with the agreement of the Commission, right
to 11C, which is Collier County Sports Complex management. But I
believe, Terri, we owe you a break? You're okay? It's going to be a
little bit of time. When would you like a break?
THE COURT REPORTER: 4:00.
CHAIRMAN TAYLOR: 4:00. Okay. Let's go.
Item #11C
THE AWARD OF INVITATION TO NEGOTIATION #21-7898
FOR “COLLIER COUNTY SPORTS COMPLEX
MANAGEMENT” TO SPORTS FACILITIES MANAGEMENT
LLC AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
ATTACHED AGREEMENT - MOTION TO ACCEPT STAFF’S
RANKINGS, NEGOTIATE WITH #1 RANKED FIRM, AND
RETURN WITH A CONTRACT AT THE NOVEMBER 9, 2021
BCC MEETING – APPROVED
MR. CALLAHAN: Madam Chair, that takes us to Item 11C,
which is a recommendation to approve the award of Invitation to
October 26, 2021
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Negotiate No. 21-7898 for Collier County Sports Complex
management to Sports Facilities Management, LLC, and authorize
the Chairman to execute the agreement. Mr. Callahan, your deputy
county manager, will present this item.
So for the record, Sean Callahan, Deputy County Manager.
Troy, can you pull me up real quick.
MR. MILLER: Sure.
MR. CALLAHAN: Just a brief introduction before our three
presenters are allowed to address the Board here. Just a real quick
timeline of how we got to where we were. Back in May of this year
our current contract with the sports complex vendor was terminated
for convenience on May 25th. An ITN, a new ITN solicitation was
issued for the sports complex at the beginning of June. Six qualified
proposals were received in July, and then finally a selection
committee convened at the end of August and ended up selecting the
top three vendors to negotiate a contract with.
So within that, it was a unanimous staff decision at the time to
rank Firms 1, 2, 3, which you'll hear from today, going in opposite
order. Staff evaluated a number of different items of the proposals.
They're here before you. I think, you know, the highest weight was
put on the facility management and marketing plans that they had
their prior work experience which included analysis of prior venues
that they serviced along with those financials, and then vendor
recommendations. So recommendations from other municipalities
or stadiums, private stadiums of some sorts that they serviced. And
then price, obviously, was another heavily weighted consideration
within the solicitation.
Just to give you an idea of how staff evaluated, each of the
proposers submitted statements of revenues and expenses for several
different venues that they operated as. Down at the bottom of the
screen, you can see they were all required to submit evaluation forms
October 26, 2021
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from other facilities and venues that they've serviced, and even as late
as Friday there was some further information that was proposed.
Sports Facilities Companies gave about 12 examples of prior
stadiums that they've solicited -- or that they've provided services to
and the financials associated with that, and I believe Vieste submitted
some further information as well.
Just real quick, you know, one of the main issues, as you've
ranked these three firms as being capable of being able to deliver this
was the overall fiscal impact of the contract and the proposed and
estimated revenues and expenses for each of these firms to deliver.
Over the life of that five-year contract that we're considering today,
there was a substantial difference in the bottom line of the facilities
were they to meet these projections in their pro formas.
And then, finally, one thing that we did change about this
contract versus prior iterations of it was a shortened termination
clause. So the prior contract had a 180-day termination clause
within it. This one shortened that to half, so it's a 90-day notice to
where we can terminate for convenience should the Board wish to or
be unsatisfied with the performance of the deliverable.
With that, we have three proposers here. We're going to do it in
reverse order and start with the third ranked, the second ranked, and
then the first. The third ranked was Sports Force Parks, who is here
today and, I believe, ready to go, I think. I'm going to introduce Will
Spence.
Any questions for me before we go?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: I do. Before he tees up this
next speaker. Back up to -- if you would, please, back up to the
financial performance.
MR. CALLAHAN: Got it.
COMMISSIONER McDANIEL: It's certainly easy to see
October 26, 2021
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through the term of the contract that SFC has that best fiscal impact.
The question is, when I was reviewing the agreements, basically all
three had different conditions within their proposed contract of terms
and conditions that needed to transpire in order to meet these fiscal
constraints.
MR. CALLAHAN: I believe you're referring to the dates of
which completion will happen at the sports complex site --
COMMISSIONER McDANIEL: Plus-minus. I mean, there
were circumstantial things on all three proposals that had that impact.
How did you come up with that firm of an analysis when there were
circumstances that were happening based upon all three different
proposals?
MR. CALLAHAN: Well, so with that, you know, we tried to
give our best estimates of the completion of future phases of the
sports complex.
COMMISSIONER McDANIEL: Right.
MR. CALLAHAN: Obviously, they're going to tie their
revenue projections to the availability of fields. If they don't have
fields online, you can't make revenues. And then within that, you
know, all three proposals are structured a little bit differently. You
know, I think they're all very much incentive based to where the
contractor's incentivized to provide the highest maximum amount of
revenue while keeping the expenses down at the facility. That's how
our prior contract was structured. I think, you know, we've largely
tried to keep that the same and keep a similar structure. We
believe -- we continue to believe as staff that that's the most effective
way to operate the complex.
COMMISSIONER McDANIEL: Okay. Thank you.
CHAIRMAN TAYLOR: I have a question -- not here.
Mr. Callahan, this is the first time I've seen this. Why is that?
MR. CALLAHAN: I believe we gave it to you yesterday in
October 26, 2021
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one-on-ones.
CHAIRMAN TAYLOR: I don't think we ever saw this.
MR. CALLAHAN: This is also just a summary of the five-year
pro formas that each company submitted as part of their contract.
CHAIRMAN TAYLOR: I sent you a letter on Thursday asking
for any kind of PowerPoints that the staff had prepared, that I have it
by Friday. I didn't see this.
MR. CALLAHAN: I didn't prepare this until Monday morning.
We had it available. I believe I showed it to each one of you during
our one-on-ones.
COMMISSIONER McDANIEL: I saw it yesterday.
CHAIRMAN TAYLOR: I didn't see it.
MR. CALLAHAN: I know I had it available, and I apologize.
So your request on Thursday, ma'am, was to look back at prior
complexes that have been managed by each -- each of the different
applicants that are here today. I believe they provided to the best
their ability on that short deadline to be able to provide those prior
years of performance.
CHAIRMAN TAYLOR: And, again, this was assuming that
the staff had done their homework on this and that they wouldn't have
to reach out to the different -- the three applicants to deliver what I
thought was the research that the staff has done. So no one was
more surprised than I.
MR. CALLAHAN: Well, we provided what was in each of the
proposals that was evaluated by staff to come to this conclusion. We
followed procurement process like we have done with many other
items.
CHAIRMAN TAYLOR: There's no question about that.
MR. CALLAHAN: So --
CHAIRMAN TAYLOR: I'm just surprised this is the first time
I'm seeing it when I asked for everything to be delivered to
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everybody by Friday.
MR. CALLAHAN: Just to clarify, Commissioner, on this, this
is directly from the contracts and their projected expenses and
revenues over the next five years just summarized in an easy-to-read
what the life of the contract is fiscal impact.
CHAIRMAN TAYLOR: That's very true, but I only wish that
I'd had it Friday instead of Tuesday at 4:00. Thank you.
MR. CALLAHAN: Fair enough.
All right. So with that, we're going to move to Sports Force
Parks. I will introduce Mr. Will Spence. I assume that -- there we
go. You've been here before, so you know how --
MR. SPENCE: Good morning.
CHAIRMAN TAYLOR: Afternoon.
MR. SPENCE: How about good afternoon, yes. Will Spence
from Sports Force Parks. I'd like to introduce Mark Stalnaker, our
president and CEO, to start this.
Thanks, Will.
CHAIRMAN TAYLOR: And I'm sorry. Just -- our timing,
our agreement was 10 minutes, but that does not include questions
from us, so...
MR. CALLAHAN: That's correct.
CHAIRMAN TAYLOR: If you're in concurrence. Thank you.
MR. STALNAKER: Thank you very much, Board of County
Commissioners, for hearing us.
It's a pleasure to be here today representing Sports Force Parks
and Lake Point Sports, our partner, as well as our great team from the
Paradise Sports Complex. We're truly grateful and excited to
be -- about the opportunity of taking the complex to the next level.
I'd like to introduce the people that you just met, Will Spence,
and Marshal Eagle, COO of LakePoint Sports, that are with us.
Sports Force Parks is excited -- is excited to jointly respond to
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Collier County with LakePoint Sports and partner with one of the
best brands and businesses running, arguably, one of the premium
sports designations in the country, which is located just outside of
Atlanta, LakePoint Sports.
So why choose LakePoint Sports? Joining forces with
LakePoint Sports is a significant enhancement to the experience,
expertise, and leadership. Our best-in-industry expertise across the
entire business suite including, but not limited to, operations, food
and beverage, marketing sales, promotions, digital media,
technology, sponsorships, owned events, third-party events, design,
construction, development, and community activation where we'll
further enhance our collective efforts to achieve the stated objectives.
Our combined resources, deep industry experience, and capabilities
will greatly benefit Collier County and the Paradise Sports Complex.
The combination of our companies is what we truly believe is a
key differentiator and why we are the great -- the right partner for
our -- the county.
The focus is on quality versus quantity, growth and building on
the momentum of the last year and not simply to rent this facility to
one company that manages a large portfolio and doesn't take your
business to heart.
MR. SPENCE: Thanks, Mark.
You know, a couple things, you know, I'm going to point out as
we started here, it was -- as the current operator, a wild ride over the
last 18 months. A lot of things going on. Not to throw in the fact
from, obviously, the pandemic, labor shortage, and certainly
managing in an ever-changing construction environment, which was
probably one of the biggest challenges that we had.
Certainly there were challenges in this RFP process, but at the
same time we're respectful of the fact that it did happen, so.
You know, obviously, you know, we firmly believe in an even
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stronger team between Sports Force Parks and LakePoint. It will be
a winning combination. You know, again, we applaud the county's
want to take this contract back out for -- you know, for bid for a good
financial approach, but at the same time, you know, we're
excited -- you know, we're excited to think about the future. We'd
be remiss if we didn't reflect back on some of the things we've done
over the last 18 months that have got us to this point.
A lot of -- millions of dollars of economic impact, teams from
35 different states, over 400,000 visitor days, as you can read,
10,000-plus hotel room nights, you know, and a lot of gross revenue
and only five multi-use fields that have come on to play. And it
really was, as I called out, some amazing results during this time,
during the times that were going on.
At this point, I'd like to introduce Marshal Eagle from LakePoint
Sports.
MR. EAGLE: Thank you, Will. Those are definitely some
impressive results that we've jointly done with the county.
Our proposal is one that we believe so strongly in that we will
not be charging a management fee. Instead, a fair and
incentivize-based revenue-share model allows us to get paid and
share in the success of the business only as the county is successful.
Our five- and 10-year forecast and revenue-share model is not
customary in this industry and is based on Sports Force Parks and
LakePoint Sports taking on the risk of continuing to develop the
groundwork that was started this year with a hybrid programming
model. This includes PCSC owned and operated events, which are
much more profitable for the county than the traditional rental model.
Most of our competitors use that model, and that is likely their
solution.
These events, these owned and operated events, are then
backfilled with strong partner events with companies that we have
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deep relationships with, including those like 17 baseball RYZE
Hoops and prep baseball report among others that drive out-of-town
visitors and better pricing for the county.
Other partner and owned companies that we have in our
portfolio are Oakwood Housing and our parent company, Fields, Inc.,
which has built amateur and professional fields and facilities across
the country, like in Cedar Point, Ohio, and for the Green Bay
Packers. This is just another part of our expansive team that we can
lean on for supporting the continued buildout of the project.
No others in the industry have the breadth of experience across
all aspects of design, construction, programming, building, owned
and operated events, and managing premium sports complexes like
we do and our team brings to the table.
We also pride ourselves in providing a realistic forecast. As
you probably saw the numbers there, maybe for the first time, they're
a bit different from, you know, the way we've been ranked from each
of the three proposals. Many in our industry create inflated
feasibility studies the municipalities have been left holding the bag on
years later. That's not what we're doing here.
We've taken a different approach based on the actual results of
this past year building and growing PCSC branded events and not
just running the complex as simply a rental facility. When that
happens, most of the profits go out the door, and that's at the expense
of the county and a pro forma that isn't met years down the road.
This approach is not typical for a sports complex, neither for a
municipality, but we are proposing this because of our confidence in
what we have started here and what we have developed over years of
managing and running other parks around the country. It's truly a
winning approach for the county, for its citizens, and for us as a
partner supporting that in our joint success.
Will, I'll let you finish this out.
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MR. SPENCE: Thank you, Marshal.
It would be unfortunate for the county to have to start all over
for what has been accomplished with the groundwork and that we've
laid over the last year and a robust group of events that are coming
into '22.
You know, the -- you know, Fiscal Year '22, which we've started
already, and we're currently booked with events all the way through
May under the current operating season.
You know, in addition to this team, it's a pretty robust team, as
you can see, adding people to our management group through our
partner, LakePoint, NCAA Division 1 head coach is a sponsoring
team that's worked at the NCAA championship levels, CEOs of
organizations, senior executive big five consulting companies and,
really, the group brings 100 years combined in leading youth sports,
including a number of partners across the United States.
You know, together, two companies who combine for some
successes, as you can see outlined here. LakePoint named a sports
facility finalist of the year as well as a top workplace. On our end,
on the Sports Force Parks' end, you see a number of different
organizations and have rated us as some of the best parks in the
country.
Again, we'd be honored to carry on the partnership forward and
lead the path to prosperity. We do thank you for your time. And if
you'll -- or I'll apologize in advance, you know, we believe to change
companies midstream at this point would be like putting the cart
before the horse. Thank you very much.
COMMISSIONER McDANIEL: It seems to be a theme.
MR. SPENCE: Any questions? We're happy to entertain any
questions.
CHAIRMAN TAYLOR: Why don't we --
COMMISSIONER LoCASTRO: Do you want to hear from all
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three?
CHAIRMAN TAYLOR: I think we'll hear from all three and
bring you back.
MR. SPENCE: Very good. Thank you again. Thanks.
CHAIRMAN TAYLOR: Thank you.
MR. CALLAHAN: Next up will be Vieste. Michael
Comparato.
CHAIRMAN TAYLOR: And feel free to use two podiums if
you have more than one speaker.
Troy, I think we need you. Give me the brief.
MR. COMPARATO: I'm glad you didn't let me try that.
Madam Chair, Commissioners, thank you for having us today.
For the record, my name is Michael Comparato. I'm chairman and
CEO of Vieste, LLC. Privileged to be headquartered here in
Southwest Florida. Our corporate office is in Bonita, and I'm also a
personal resident.
A lot of our team is here today. We look forward to spending
nine-and-a-half minutes in our presentation today that you've
afforded us to put forth our thoughts and our ideas as a locally based
company, and I think that's what's -- I think, for us, that local
presence means a lot. It means we're totally invested emotionally,
literally, figuratively, and financially into the success of Paradise
Coast Sports Complex. We live it every day and, literally, we mean
we live it every day. We're here Monday through Sunday. Coffee
shops on Sunday morning, restaurants on Tuesday night,
championing and promoting Paradise Sports Complex if we were to
be selected and privileged to be the operator of the complex.
We don't chase or go after sports complexes all over the country
to do anything like this. We're doing this in front of you because we
sincerely mean this is our home, and we're here because this is our
home, and we know who our client is, and we're totally committed in
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that regard. So that's a very important message that I wanted to
convey before I turn it over to Steve Goris, who heads up our sports
management group, and he and some of our other members will get
into a little more detail on our proposal. Thank you.
MR. GORIS: Commissioners, thank you for your time today.
We have taken a little different approach to this entire project.
We are a solutions-based firm, so we don't go to municipalities
telling them why they need necessarily management services. We
often help them figure out how to best manage their own assets, help
hire managers, or become the manager in cases like this when it's at
home. So we really wanted to take that approach into designing how
we would recommend that move forward in managing the complex.
And one of the things that's critical in the long-term
sustainability of these assets is in-house programming. So there's
two ways that we produce revenues at the complexes. One is to go
out and rent to third-party providers who own content who will come
in, they'll run our fields, and they'll run their own programming. It's
a great way to produce revenue, and it's a part of our presentation as
well in our proposal, but it's not how we're leading.
So we knew you wanted us to be able to hit the ground running,
right? So we wanted to go out and grab some in-house program to
come in and produce revenue immediately. So we knew that we
would have to go out and do that in order to hit the ground running in
day one and then, two, find partners out there that could want and
rent space that we felt were good operators.
By owning your content, it allows us, A, to produce more
revenue, B, have more consistent operations and, third, we can be
more selective in who we rent to because, ultimately, the people who
rent your facility are a reflection on the facility. So if there's a bad
event there, it doesn't matter the operator that ran it. The facility
itself usually gets the scar, right, the black eye.
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Together we have formed a team out ahead of the work. See, a
lot of times we'll get hired or someone will get hired, and they'll go
out and get the work done in order to bring the team together. We
decided we were going to go out and pull the team together that can
immediately produce results, and that's how we met Ripken, and we'll
let them touch a little bit about themselves.
MR. COTTER: Good afternoon, Commissioners. I'm Scott
Cotter, CFO at Ripken Baseball. We're excited for the opportunity
to call Paradise Coast home of the next Ripken experience.
We operate facilities and youth sports programming with the
utmost integrity to drive an experience like no other for our
participants and the communities in which we operate. With a full
family experience at our core, we derive more visitors and longer
stays resulting in sustainability within the facilities and unmatched
economic impact.
Our ability to draw local, national, and international players
gives us an average of three-and-a-half participants per player which
equates to tens of thousands of visitors per year.
I'm going to hand it over to --
MR. GORIS: It's me again.
So we are excited to be able to bring -- negotiate a deal with
Ripken and bring them there and make this their home. They are a
quality operator who's well known internationally and would
immediately attract new participants and spectators to their events.
We also had a local relationship with Steve Quinn and Eric
Richards, who were the former owners of FBU. FBU was recently
purchased by 3STEP. For those of you guys that don't know 3STEP,
3STEP is now the largest consolidator of events and clubs in the
country. They have gone out and purchased what we feel are some
of the best tournaments, events, and clubs and also some other
programming and consolidated that under one umbrella.
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Through our relationship with Steve and Eric, we now have a tie
into 3STEP and a commitment from them to bring in additional
programming, rental programming from a proven, long-known
institution event provider that wants to make Collier -- or Collier
County, Paradise Coast one of their premiere assets at which they
hold their events.
So together we're going to lead first with in-house programming
generating great revenue, great economic impact through the Ripken
experience, we'll be able to fill immediately other dates on the long
fields, et cetera, with our relationship with 3STEP and the events that
are currently being run by our team at the complex, and then at the
back end backfill with other rentals with local community events and
other providers that we feel will be a good reflection on the complex
itself.
We wanted to share a quick video on 3STEP, but as you can see,
we want to highlight over 2,000 events, that they own 1,800 clubs,
they have 2.5 million athletes that they have access to through their
databases, et cetera. They operate in 41 states in eight different
sports, and we'll touch base on why that diversity's super important in
a little bit.
(A video was played.)
Hello. I'm Deion Sanders, and welcome to 3STEP Sports.
Check this out. Our company is made up of former athletes and
professionals that truly understand the power of sports and
developing leaders for tomorrow.
From beginner to elite, each athlete across the nation will have
the opportunity to experience the impact competitive sports can have
in their lives.
So come join us. The 3STEP journey starts now.
(The video concluded.)
MR. GORIS: I think we need to watch it again. But it's a little
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bit about 3STEP and what we do they do. Really a fantastic
company that has impressed us as we've seen what they've done
around the country.
So, you know, why we're doing this, right, it's economic impact,
it's a great driver. We strongly believe that these complexes do drive
great economic impact, they bring people into our community, and
they promote heads in beds in development. We've seen it over and
over again where they've helped municipalities really develop.
In our -- in our model, one of things that we really like about the
Ripken model is that it drives traffic when you need it the most.
And here it's in the off-season, right, in those summer months. And
in the basketball world, that is the core of when this business
happens, in those summer months when we need heads in beds to fill
hotels, drive rates, and get better compression.
What's also great about the Ripken model on the baseball side is
that it's week-long events. So you're not only getting compression
on weekends where really you're getting a good amount of
compression anyway, people coming into market. You're getting
compression now Monday through Thursday for an entire summer,
almost 10 weeks of week-long programming.
And this has been successful in other markets that are also
tourist markets. So we know there's a proven commodity that will
attract during the times that the county really needs it the most.
One more note: We have another partner called Team In, two
local residents who are here in the room today, Donny Harkin and his
wife, Kim. They are a housing provider, so they make sure that we
track housing to make sure how many people are coming in; that we
can report that accurately to you-all. It's an important part of this in
that we want to be able to -- when we say there's a certain amount of
economic impact, we want to be able to back that up.
At the property level, we are not taking any rebate money from
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people coming into the complex. We want to make sure that anyone
coming into the complex has the least resistance to come in. Higher
hotel rates is a resistance point. When we have to add rebate money
in order to fund the facility as well -- or the operation, it's a detractor
from them coming in.
We are estimating $270 million in economic impact during the
course of this contract.
MR. COTTER: I'll be quick here. I just wanted to touch on
the financial performance and the way that we look at a programming
facility versus a rental facility. So we develop a holistic approach to
operating and programming content at the facilities. We own and
operate, which allows us to control the experience for approximately
40,000 visitors that have -- that enter all of our existing facilities on
an annual basis.
Our complex operates on the foundation of utilizing excess cash
flows to build capital reserves so that expansion and improvements
can be paid out of those reserves in the future years, which, based off
of our model, would be about $6.2 million after 10 years here at
Paradise Coast.
For our team, financial performance is as critically important as
economic impact. We do have a video of Cal that I'd love to be able
to show if --
CHAIRMAN TAYLOR: I think we're going to have to --
MR. COTTER: No?
CHAIRMAN TAYLOR: Yeah.
MR. COTTER: Okay. Thank you very much. Perfect.
CHAIRMAN TAYLOR: Thank you.
MR. GORIS: Thank you.
CHAIRMAN TAYLOR: Thank you.
Terri, what do you think? Do you want to break now, or can
we hear the other -- one more, 10 minutes, and then we'll -- then we'll
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break.
MR. CLEMENT: Thank you.
COMMISSIONER LoCASTRO: You guys need help over
there?
MR. CLEMENT: Maybe. There we go. Okay, great.
Thank you. My name's Jason Clement. I'm CEO and founding
partner for Sports Facilities Management, Sports Facilities
Companies. We're thrilled to be here.
Commissioner LoCastro, to your points earlier, we're ready to
go. The contract that's been put in place in the packet right now,
we're ready to sign that if you guys are ready. Obviously, if there's
some adjustments, our general counsel's here as well, and he would
be happy to spend the night with the County Attorney right now if
that's what it takes.
I'm joined by seven other of our leadership team that are here
right now. Thrilled to be here. And this is what we do. We're
excited to make Paradise Coast the preeminent national destination
for youth and amateur sports in the country.
I'm going to keep moving here. Our mission is to improve the
health and economic vitality of the communities we serve. So you
can know that we are going to be focused, centrally focused on the
mental, social, spiritual, and physical health of the Collier County
community and, in doing so, we're going to be driving economic
impact and the economic vitality as well.
You should know that we set our goals based on our clients'
goals. So if our clients are looking to drive economic impact, that's
what we're going to set up the operation to do. If our client wants to
run their own events and programs as, you know, my previous
colleagues here shared, we can do that as well. And we have
numerous examples of where we've done that before.
This process has been interesting for us here. You know, as
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Mr. Callahan shared earlier, it started June 3rd for us, at least, when
the RFP came out. Today's October 26th. And we were feeling
pretty good on June 3rd. We thought we were looking good. We
were excited. We were encouraged, feeling pretty handsome, if you
will, coming into it, and today this is how we're feeling after going
through this process. A little bit like you may feel after the meeting
today, actually, it seems like it's a long one.
But the good news is this was Matthew McConaughey's
academy-award performance, so we think that's going to be the case
for us here at Paradise Coast as well.
So who you work with matters. The decision before you is
incredibly important. Who you decide to work with right now is
going to make the difference in whether this complex achieves its
potential, and we're ready to deliver on that.
Here are the reasons why we think we're the right firm to work
with. One, our vision and our alignment with the county goals. We
spent a lot of time with the county trying to understand what those
goals are when we had the chance to negotiate and get into the
contract, and we believe we've come up with a contract that allows
for us to achieve those goals.
We're going to bring the best event partners and programming to
the complex, not just the ones we've single-handedly picked, and
there's a conflict of interest when you're going with just one group
versus numerous groups that are going to bring the best programming
and events to the complex. It's also a way to bring diversity and
flexibility into the complex rather than just one group.
By the way, we love Ripken. We work with them in a number
of complexes, and you'll see that we've got them plugged in here as
well. So if you like Ripken events, we can bring Ripken events here
as well.
3STEP, we love 3STEP. We run 3STEP events in other venues
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that we manage as well. If you like 3STEP, we can bring 3STEP
events in here. If you like what FBU is doing for the community,
we'll bring FBU in as well. That's the type of flexibility and
diversity that we bring.
We also have the most proven incremental revenue streams,
which I'll get to in just a moment and, most importantly, we have a
track record. One of the things I didn't hear from the previous two
presentations was where they'd done this before. I take that back.
Sports Force mentioned a couple of properties they have in
LakePoint, which is the third. I didn't hear anything from Vieste,
and that's because, other than Ripken, there's nothing under
management right now, so they can't bring those types of examples to
the table.
What you'll see from us, as you look through the packet that
we've provided and what the staff looked through in this five-month
process is that we have a track record of experience, we have a track
record of delivery, and we have a track record of performance.
In terms of the vision and the goals here, you can see them on
the screen. This is what we are going to provide for Paradise Coast.
One, it's going to be a preeminent national sports destination. We're
going to hit certain financial performance objectives, and we're going
to make it innovative and a next-generation complex. How we set
up the technology, the programming, determines whether this
complex is going to age well as we go to Phase 2 and to Phase 3.
So as I mentioned earlier, we have an infrastructure unlike any
other respondent here. We've got subject-matter expertise, just a
couple that I'm going to hit on that are on the slide here. Bob Stout,
who's with us, oversees our -- he's our CFO. He oversees our
accounting and finance. We're very familiar with auditing,
government, municipality reporting, excuse me. In addition to that,
our HR director, Tammy Swanson, here; labor shortage across
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America right now. When you manage 25-plus venues and have
almost 1,500 team members around the country, you've got to be able
to fill those positions quickly, on-board people, and train them well
so that they can deliver the type of performance that we do on behalf
of the communities that we work with.
We also have a track record of creating brands and destinations
in numerous locations across the country. And none of those are the
tourism destination that Collier County is. So we're really fired up
about applying our trade to a destination like this, and we're going to
make it the preeminent sports tourism destination in the country.
I'm going to skip through these slides, because you can see that
what we have here is a sophisticated marketing and branding
approach that is going to serve Collier County well.
I just left the sports ETA industry conference yesterday. I was
blessed with the opportunity to kick it off. It's the one location or it's
the one destination conference where rights holders and destinations
come together and they match make. We've got 15 people there
right now on behalf of our destinations, and we thought we might be
done a little bit earlier. They're waiting for a phone call this
afternoon for us to give them the go-ahead to go ahead and start
making relationships as it relates to Paradise Coast.
We may not be there yet. That may be premature. But you
should know we're ready to plug in right away, and we're ready to fill
the complex with the best programming and type of events and
content that are going to drive the best performance for you in Collier
County.
So I'm going to skip through some of our sophisticated
marketing components. As it relates to sponsorship, other people
can talk about it and put the slide up and discuss it. We've sold
naming rights in our venues five times since the pandemic started.
So we have experience doing this. We're not just putting slides up.
October 26, 2021
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There is real expertise behind us, and fortunately I'm blessed to
represent our team, but we've got a lot smarter people than me that
are working in our organization.
From a local usage standpoint -- this is really important to us,
and I know it is to the county as well. We're going to partner with
existing local providers. As part of the RFP process, we called these
local providers. They were a little surprised that nobody else had
called them, but what we're going to do, then, is fill the gaps with
what our local programming team does to make sure that we've got a
good comprehensive solution to serve the county well.
In addition to that, we have a philanthropic arm called the SFM
access program. We believe so strongly in the impact that sport
makes for kids and for families that what we do is sponsor kids
that -- essentially, if you're on free and reduced lunch, we find a way
for them to get to free and reduced play, and we think that's important
to serve the local community as well. We'll figure out how we
customize that for Collier County so that we can serve your residents
well. But sport has such -- such an impact in the way that character's
developed and youth grow.
We've done this before. We can talk to you through the
examples in Hoover, Alabama, in St. Petersburg, and in Rocky
Mount where we're running that program currently.
These are some of the brands that we've talked to. As I
mentioned, this is a difference -- a differentiator between the other
proposals and ours. These are the types of people you can plug in
right away with the very best brands who automatically deliver,
rather than growing your own programming, which takes time. It
takes time to do that. And that means you're not delivering the same
sort of results and visitors and economic impact that you otherwise
would. And that's why we're looking to partner with some of the
best brands in the country. They all want to come to Collier County,
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as you would imagine.
Here's the way a mock calendar could come together. We do
non-sport and traditional events. Again, we have examples of this.
We're not just putting it up on the screen. We can walk you through
those events and where we run them and why we are operationally
sound and can do this.
And incremental revenue streams. We're ready to take over the
factory. We are the only respondent who has a membership
fitness-based experience, venues that we're managing around the
country already that do that, and we're excited about the Cove. Our
F&B and our alcohol checks and balances are, well, I'm biased, but
the best in the country.
In terms of incremental revenue, you can see the list on the
screen here. These are some of the services that we offer. We're
going to plug these types of things in that, again, make the guest
experience, those that walk on the complex -- Steve's absolutely
right, this is the front door to Collier County. Many times this is the
storefront. This is what they're going to experience.
So our guest-first policy and the way that we use technology to
serve is critically important. We have technology, infrastructure,
team depth. This is our Internet page that we've already put together
so that our team here at Paradise Coast get up to speed.
And I'm going to roll to the end, because I know that we're short.
Here's the difference for us. We're the only firm that currently
manages fitness and membership. We're prepared to bring a zipline
and canopy tour, if the county desires, on our time and put a
relationship together there.
We can scale with the county in other locations and destinations
in parks that you may already have. All of our venues have
first-class maintenance, physical properties, and we're the only
responding team who has experience managing these types of
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complexes, especially long field complexes, which is what Phase 1
and Phase 2 are.
So I'm going to skip ahead here to the last piece. We could say
a bunch of things, but don't just take our word for it. This is the
scorecard of your selection committee. Every single one of them,
five for five, ranked us first after doing their due diligence and going
through the process. In fact, you can see the distance between the
first-ranked company and the second-ranked company is almost the
same as the second-ranked company to the last-ranked company, and
we think that speaks volumes given the two months of due diligence
that the staff did to get to this ranking.
From there, I think I'm past my time. If you have any
questions, I'll take them. Thank you for the time.
CHAIRMAN TAYLOR: I think now we're going to break, and
we'll come back -- let's come back at 4:30.
(A brief recess was had from 4:12 p.m. to 4:30 p.m.)
MR. CALLAHAN: Madam Chair, you have a live mic.
CHAIRMAN TAYLOR: Thank you very much.
So I think what we'll do is open up for questions. I have a sense
if someone asks a question, another one might pose another -- a
question for someone else. So I think we're going to keep fairly
open, but hopefully not one person will dominate. And it was
suggested by Commissioner LoCastro that we bring the finalists up
one by one and ask questions of a specific company. I'm
comfortable with that, if everybody is. And let's go forward.
So I think we'll start with Commissioner Solis.
COMMISSIONER SOLIS: Are we going to bring them up?
CHAIRMAN TAYLOR: Yes. But who would you like to talk
to first? This is going to be you.
COMMISSIONER SOLIS: I would like to speak to Sports
Force first.
October 26, 2021
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COMMISSIONER LoCASTRO: I mean, I'm just wondering if
we should have, like, SFI come, and if you don't have a question for
them, then you don't. This way we're not running back and forth
between podiums.
CHAIRMAN TAYLOR: Happy to do that.
COMMISSIONER LoCASTRO: So obviously we have SFI
here. Perfect.
COMMISSIONER McDANIEL: And, candidly, my questions
are more with staff than the companies.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SOLIS: Yeah. No. Thanks for being
here. And I'm just curious, you know, one of the things that has
been a challenge is the marketing for the facility as a whole. And so
my question is: What do you envision doing differently than we
have -- than we've been doing in the past in terms of marketing the
facility not only to events, specific events, but also to the residents of
Collier County? Because one of the things that's concerned me is
that our residents still don't know it's there. And I think that a lot of
residents don't know it's there.
COMMISSIONER McDANIEL: Those are the ones that get a
nosebleed when they go east of Airport Road.
COMMISSIONER SOLIS: Well, either way. I just -- I'd like
to hear --
COMMISSIONER McDANIEL: I haven't heard of anybody --
COMMISSIONER SOLIS: -- what you envision doing
differently.
MR. SPENCE: Sure. Thank you. Great question.
Coming into Fiscal Year 2022 and the budget, one of the things
we're required to do is put together a complete new marketing plan
that was presented to the CVB and presented to the -- it will be part
of the TDC's presentation coming up, and it was shared within the
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county management group. That was much more robust, focused on
three tiers.
One certainly being the outward national play to try to drive
more teams and continue to build awareness, and that's, as mentioned
before, things from being at shows to being in publications, certainly
in the regional end working with more regional partners to bring
some things in, and then a local end. There's actually, right now, an
active. So when you say that people aren't seeing things, there's a
very active program right now in a number of publications, whether
they be Florida Weekly, a number of the quarterly print magazines
that a lot of tourist attract magazines, and also through social media.
We've also tapped into the county network for putting information
out.
So there's a lot of information, obviously, going out, and it's
repetition that's important. And I think our plan outlined that each
month how we would continue to focus, and then also focus on
seasonality of the events that go on as well.
We obviously know that the -- well, the Cove and the Factory in
particular are great amenities out there. Different times of the year
they're going to drive different awareness to that.
So, again, we've been focusing a lot of that in the print
magazines, as well -- and there's been a number of -- I don't have the
impressions in front of me, but a lot of radio advertising as well
certainly around the events, the community events that we've had,
starability recently, including the fall festival is coming up next
weekend, so...
MR. EAGLE: If I could add to that. That's one of the
strengths that I think LakePoint brings to the table. The team that
we have, we've got former CMOs of Honey Baked Ham, CEOs of
Mizuno North America, all with a really strong marketing
background.
October 26, 2021
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On our social digital side, we've Fox Sports South personnel on
our teams doing a phenomenal job for us at LakePoint. Go out there,
look at our social digital channels. The numbers have exploded over
the last two years since we've had them on the team.
So I think we bring a really good, you know, opportunity for
LakePoint Sports to build on what's been started.
We have a LakePoint local channel that will stay in that really
has reached out for all the local events, philanthropic,
community-based, sort of your nontypical outside turn of events to
bring in the community and make them part of the sports complex.
COMMISSIONER SOLIS: That's all I've got.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I've been waiting to say this
ever since I took a seat, so -- since I took this seat. Commissioner
Saunders always says he has 14 years in Tallahassee, and we all have
to hear it. Right, Bill? We have to hear it over and over and over
again.
CHAIRMAN TAYLOR: I asked him this time.
COMMISSIONER LoCASTRO: We know. We know. No,
I'm just saying that tongue in cheek.
I'm the former base commander of the United States Air Force
Academy. I'm a retired colonel, okay. The Air Force academy is
one big giant university plus an Air Force base on top of it. So I had
70,000 people at my stadium -- at the football stadium every other
Saturday, hockey, volleyball, all of that.
And so, you know, these sports complexes, and even the
academy itself, wasn't supposed to be a cash cow, but it can't be a
sucking chest wound either. I can tell you it's cheaper to build the
stadium and build the sports complex than it is for the O&M over the
life of the -- that's what costs the money, the care and feeding of it.
You already asked one of my questions: What would you-all
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do different? For all of you listening, I've had 70 town hall meetings
since I took -- 74, actually, since I took this seat on November 20th.
I start every town hall meeting asking this question: How many of
you know that the county built a 150, 120 million -- the numbers are
all -- you know, sports complex right here in our local area? Not as
many hands go up as you think, but the ones that go up, I tell them,
you're all wrong. The county didn't build it. The taxpayers did.
The county doesn't build anything. We take taxpayer money and
spent it, and we spent a lot of money on this thing for all of you,
looking for an aggressive plan to come in here and not make this a
sucking chest wound. It might not -- you know, no park is a cash
cow.
But here's my question for SFI; already asked the first one:
What would you do differently? You had a slide up there that
showed the challenges that the whole community experienced,
COVID. I mean, if you were a restaurant owner, you didn't have as
many butts in the seats. But one of the things on that slide -- and
you don't need to pull it up, but I think you'll recall it is on the top
you had things that you were -- that were successes, things that
happened at the park, right? And it listed a bunch of things. How
many of those were revenue generating, and how many of those did
we actually open the park, let people enjoy it, they bought a $5 ice
cream cone or a $3 soda and then they left? So I don't -- you had
about six bullets on there. And so how many of those actually
brought revenue to the sports complex into the county? Not food
and T-shirts, but they paid to play on the field or they paid some sort
of type of fee?
MR. SPENCE: Sure. Great question. Thank you.
Of those, which, again, could be the Collier County's
school -- middle school soccer that was out there for eight straight
weeks, the Ben Allen Band concerts, of those -- and that's just to hit
October 26, 2021
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on a few. But of those, there were very few that were non-revenue
generating. In many cases, Pop Warner football, those weekends
alone will generate, you know, tens of thousands of dollars in gate as
well as food and beverage sales and all of those type of things.
So when you layer those all in, those local events, and the
thousands -- and, actually, the hundreds of thousands of local people
that came out to play in those type events, there were revenue based
on all of those type events.
In many cases, it supplemented the cancellation of events that
we had due to the pandemic. We lost -- almost everything
prebooked coming out of the northeast corridor just canceled. As a
matter of fact, we continue to have that issue. There's still a
perception of traveling to -- you know, to Florida or just the outbound
travel that they're dealing with.
So we've continued to work with building more and more of
those. Right now we just recently partnered with the Florida High
School Athletics Association to bring a state lacrosse championship.
Took them away from Tallahassee, brought them down here. So
those are the type of events that we're continuing to work on.
COMMISSIONER LoCASTRO: What did they pay, though?
I mean, obviously anybody that comes in and uses our fields is going
to be thirsty and hungry, and they're going to pay to come into the
gate. So you're going to get that no matter what -- so what above
and beyond -- and I'm not saying it's a requirement. You know, like,
trust me, it's not lost on me if you bring 5,000 people to play lacrosse,
our hotels benefit, Chili's benefits, but you're going to get that no
matter what, no matter -- whoever comes, whether they pay or not.
But did any of those organizations actually pay to rent the
stadium, pay for field use or anything? And I'm not saying that's the
approved solution. It's really just a question.
MR. SPENCE: It varies by a particular partner. Sometimes
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you -- the State of Florida is paying, handsomely, thousands -- tens of
thousands of dollars for bringing that event here. Other events, no.
It was part of the community-based partnership. They may have
paid to be at other parks and rent, capture the money themselves; we
didn't charge them to rent. So each one of them was kind of unique
unto themselves to try to drive awareness to the park. We call it
grassroots marketing. The more local things we could bring in, the
more awareness. We bring the car clubs out, they have a little car
show, and then all of a sudden, God, I didn't know this was here.
Yes, we continue to hear that as well.
COMMISSIONER LoCASTRO: Yeah. One of the things that
I would say is, the social media and the magazine ads are great and
everything, but the way people find the sports complex is they go to
an event there. And I'm going to give you an example. At Sugden,
Dan Rodriguez and the Parks and Rec team are doing an incredible
job with the Fallen Officers Association having these tribute band
concerts once a month. They'll start in November. They'll run all
the way through July, 1,500 people in the park.
As I make rounds talking to the folks -- and it's in my district -- I
can't tell you the number of the people that say, I've lived here for 20
years. Didn't even know this park existed.
So we can put a thousand ads in the paper saying come to
Sugden Park, but it's the event that's going to have them discover the
location.
You know, looking back on it, sort of piggybacking on
Commissioner Solis' question: Are there events that you think we
lost or we should have -- and I don't mean to put you on the spot, but
we're trying to make a multi-million-dollar decision here. Are there
events you would have chased stronger or that we lost because they
decided to go somewhere else or we didn't have a certain type
of -- you know, there was something that we were missing in our
October 26, 2021
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park and they decided to go to Jacksonville, or can you give us any
examples of some things that if you had to do it all over again, or
things we lost?
MR. SPENCE: Yeah. Well, the loss happened just because,
again, pandemic. But we certainly were losing -- with the way
things were contracting over the last 12 months in the marketplace
and communities losing -- Lakeland Ranch, perfect example, who's a
major competitor of ours in the soccer space, in the rectangle space,
was offering free rent to anybody who wanted to come run the
tournament there, and we had current partners that we -- current here
who had moved or we hadn't quite inked the deal yet who moved
their event up there because they said they wanted it all for free.
And at some point, we still have fiscal responsibility to our business,
the county business, to drive all the revenue we could and take -- and
take advantage of all the amenities.
The worst two word in our world are "dark park." When we're
dark on an event when we think we should have something going on,
it's very frustrating to us. But there is a culmination of a lot of
different impacts right now.
COMMISSIONER LoCASTRO: Last question: What
changes would you make in your senior staff right now should you,
you know, win the contract back, you know, with lessons learned and
things, either people you would add or -- and I'm not saying -- putting
you on the spot and saying who would you fire. But what would be
the overall changes that you think -- you know, from the lessons
learned? You're the only company here that has a history; you've
learned some things, although I'm sure they've studied the sports
complex as well. But how would you make major changes or any
changes to your staff?
MR. SPENCE: Sure. Prior to us getting the first agreement,
we had 10 leaders built into the senior staff. We were challenged to
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pare it down because we weren't sure what the pandemic was going
to do as we looked at that budget. Of course, two of the positions we
ripped out of there, one was an events coordinator, one was a local
coordinator. What do both of those people do but drive awareness
and drive events at the park. So we took some of those
responsibilities and tried to divvy them up to other things or reassign
people at some expense, because we only were allowed to have so
many staff members. And it does take a lot of people, as you heard
in anything we've talked about today, a lot of people to do the jobs
that have to get done, making the contacts, the follow-up, the sales,
all of those types of things.
COMMISSIONER LoCASTRO: I mean, do you regret doing
that? Because if somebody's expertise was in event coordination and
then that's the person that you got rid of and then you gave it to
somebody who maybe hasn't done event coordination, it would seem
like, you know, you wouldn't want to lose that expertise. I mean, do
you sort of second guess that now? I'm just trying to thing of your
thought process.
MR. SPENCE: We didn't fire or get rid of somebody. It was a
position we didn't fill. Then we realized that we needed those event
type things, we pivoted, took one of our current sports positions and
reassigned it to that. We were already up -- in all fairness, we were
already three months behind the eight ball, because the sales cycle
here on all of these things is three, six, nine, 12 months, 18 months
down the road. We're working on events that are two, three years
down the road at this point.
COMMISSIONER LoCASTRO: The event -- sorry. One
more question. The events that you have on the calendar through
May, how many of those are revenue generating, or are those things
where people are just going to be using our -- and I'm not talking
about food and T-shirts. I'm talking about, you know, they're writing
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a check to use the sports complex. What would you say the percent
is of the ones that you have on the calendar all the way through May
are actually generating revenue exclusive from food, even gate sales,
or T-shirts, they're paying to use our facility in some way, shape, or
form?
MR. SPENCE: Of those ones that are coming in, 60 percent of
those, but --
COMMISSIONER LoCASTRO: Okay.
MR. SPENCE: -- I would tell you 90, 95 percent are
gate -- and, really, the money moves in gate, the money moves in
hotels. There's only so many levers in the world, right? Gate;
registration fees; hotel; sponsorship, which is important too, because
when we drive footsteps, we can sell more sponsorship, and that's a
big line which dovetails into naming rights, so.
MR. EAGLE: And merchandise.
MR. SPENCE: And merchandise.
MR. EAGLE: And that's one thing I think, if I could add, I
think it's really important. As you look at -- it's not just people that
are renting the facility because of registration, gate, and those three
things. You don't get any of the registration if you're renting it out.
You don't get gate, or you might get a small carve-out of that. You
can get a housing rebate or a split, most likely. Merchandise, that's
all going to be theirs. So you're really left with food and beverage
and a rental facility fee. Those are kind of the last two of the
revenue streams.
COMMISSIONER LoCASTRO: Oh, I get that, but I don't
think we built a $150 million sports complex to fill hotel rooms and
sell Coke and ice cream, you know, so...
MR. EAGLE: Absolutely, and that's why it's important, I think,
to drive more of the outside events. Local is also extremely
important, but that's not going to be what prevents the sucking chest
October 26, 2021
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wound.
COMMISSIONER LoCASTRO: Absolutely.
MR. EAGLE: Right? It's good for the community. It's good
to have that activity and throughput, and it is, especially, you know,
Monday through Thursday, Monday through Friday, in terms of
throughput, fantastic model, but then on the weekends it's really
important to get some of the outside influence so you get the hotels
and you get the other revenue streams, and ideally you're building as
much of that possible in-house.
COMMISSIONER LoCASTRO: Thank you, sir.
MR. STALNAKER: If I could add one last thing. You have
$150 million sports complex, but it's not completely developed yet.
We've only had four fields to play on through most of the time. We
just got the stadium a few months ago. So we've had a limitation on
the size of events because we don't have enough space to host large
events. That's going to change in the future. It's just in the infancy
now.
COMMISSIONER LoCASTRO: Thank you, sir.
CHAIRMAN TAYLOR: I have a question. What is
the -- what is the terms of your contract? Do you get a management
fee, or how is this working?
MR. SPENCE: Our current contract?
CHAIRMAN TAYLOR: The one -- yes.
MR. SPENCE: Oh, the proposed.
CHAIRMAN TAYLOR: The -- yes, the one that --
MR. EAGLE: No management fee. It's a percentage of gross
revenue. So it starts -- and it's all based on the timing of when those
venues come online. And so as Sean put up the financials and that
comparison, I'm not sure how that lined up, but we made an
assumption on certain dates on when things would be built --
CHAIRMAN TAYLOR: Yes.
October 26, 2021
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MR. EAGLE: -- based on our current knowledge and sort of
how things are moving, and that may have skewed some of those
results. But that's how -- as venues come online and we're able to
scale up, our percentage fee goes down from 15 percent down to
10 percent.
COMMISSIONER McDANIEL: And that was one of my
earlier questions when I was speaking with staff, how they came up
with the financial analysis to determine, because everybody had
different thought processes as to how they were modeling their --
CHAIRMAN TAYLOR: I think we need to have a sharp line
to define how each of these applicants are going to keep in business.
COMMISSIONER McDANIEL: There isn't a sharp line.
CHAIRMAN TAYLOR: Well, there is, I think.
Okay. And then -- so you're merging with LakePoint Sports,
Florida based -- or where are you based?
MR. EAGLE: We're based out of Georgia.
CHAIRMAN TAYLOR: Georgia, okay.
And so you have -- between both of you, have you managed
other complexes that are available for us to check numbers?
MR. EAGLE: So we've -- and I'll start, and then you
can -- we've managed -- LakePoint Sports, it's Metro Atlanta, has
eight baseball fields, three soccer/lacrosse fields, 12-court indoor
basketball facility that converts to 24 volleyball, and 10 sand
volleyball courts on property. We don't manage this part of the
property. We have a wake board park as well. We opened in 2014,
so we've been managing it for the last seven years. And, you know,
been very successful at it across all different types of sports.
CHAIRMAN TAYLOR: One place, it's a complex?
MR. EAGLE: All one location, yes, ma'am.
CHAIRMAN TAYLOR: Okay. And is it -- who owns it? Is
it privately owned or --
October 26, 2021
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MR. EAGLE: That's a great question. It's a public/private
partnership. So the indoor facility champion center, it's supported by
public bonds. So we're very familiar with the detailed accounting
process and tax reporting. So we've done that before. The rest of
the facility is privately owned.
CHAIRMAN TAYLOR: Would we be able to get the actuals?
MR. EAGLE: We can, yes, ma'am, on some --
CHAIRMAN TAYLOR: We would, we would, not -- the
county would as a means of reference. Could we get the actuals
from the performance based on a rear-looking -- rear-looking pro
forma? What you said you were going to do, have you done it?
Are we able to get that information?
MR. EAGLE: We were not able to get that at this point. We
will have to get some approvals to do that from --
CHAIRMAN TAYLOR: All right. Thank you.
Commissioner Saunders.
Oh, excuse me.
MR. SPENCE: So, yeah. And then on the Sports Force side,
we operate two fully fledged sports parks, one in Sandusky, Ohio.
That is a private partnership as well. So same thing; it would need to
get approval on those numbers. That's why when the ask came, it
was a little bit too tight of a window.
The other one is in Vicksburg, Mississippi, which just is
finishing its third year. Started during -- its first year was not a
complete year, and then first, of course, dealt with the pandemic.
But that is a -- that is a public facility that we do operate.
CHAIRMAN TAYLOR: So we would be able to get
information on that?
MR. SPENCE: Correct.
CHAIRMAN TAYLOR: And how -- three years, you said?
MR. SPENCE: Three years -- so, yes, Sandusky we just
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finished -- we're wrapping up year five, and Vicksburg will be year
three.
CHAIRMAN TAYLOR: Okay. Thank you. Nothing?
Commissioner McDaniel, nothing?
COMMISSIONER McDANIEL: No.
COMMISSIONER LoCASTRO: Can I ask one quick
follow-up? Why do you think you came in third? Do you
challenge any of the scores or any of the -- maybe you'd re-present
something or --
MR. SPENCE: I mean, there are a couple things. I think
certainly as we looked at that chart, okay, obviously, your committee
did a great job, but obviously they weighted some things differently.
When we saw one line where we got 80 and another one we got 40
on how did they view those same things.
The one that probably got us the most was the local-based
business. We completely didn't get those points. Fifty point tilt in
that would have put us in second -- would have put us in second and
only 50 behind first place at that point.
And we were unable to get that because we didn't have a
satellite location. We were using Paradise Coast Sports Complex,
3940 North Gateway Boulevard as our business, but we were unable,
by your tax laws, to obtain a business license because we've been
operating in that building for now 18 months under a TCO, and you
need a CO. Your fire would not approve -- would not approve the
tax filing document because we did not have the CO. So it's 50
points that would have put us much more competitive in that top line,
and we'd be second today.
COMMISSIONER LoCASTRO: And the other companies,
they maxed out the points because they sort of hypothetically said,
oh, we would have had a satellite office?
MR. SPENCE: Or they did in some cases -- yeah, they did.
October 26, 2021
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Some -- whether they -- well, one said they're, obviously, operating
in Collier County. Another one could have -- you know, we could
have opened up a garage as well but -- if that was the case, but we did
not do that, so...
COMMISSIONER LoCASTRO: Thank you.
MR. SPENCE: We wanted to on our rest on our relationship
and what we're currently doing, so...
CHAIRMAN TAYLOR: Okay. Nothing for you,
Commissioner McDaniel?
Okay. So thank you very much.
MR. SPENCE: Thank you very much.
CHAIRMAN TAYLOR: So Vieste would come forward, and
I'll start with Commissioner McDaniel.
COMMISSIONER McDANIEL: And as before, my questions
are with staff.
CHAIRMAN TAYLOR: Nothing, okay.
Commissioner Saunders.
COMMISSIONER McDANIEL: Welcome, the presentations
and such.
CHAIRMAN TAYLOR: And please feel free to use -- we have
two podiums, two microphones, if that's important.
COMMISSIONER SAUNDERS: I think the only question I
really have deals with just the depth of experience your firm has in
terms of personnel. How large a firm are you? How many folks do
you have? Who's going to be dedicated to Collier County?
MR. GORIS: Mike, do you want to touch base high level, and
then I'll go into the sports side?
MR. COMPARATO: Sure, be happy to.
Corporately we're a very small company headquartered here.
We have 10 people total on staff corporately including -- in addition
to that our various different staff that we have in different locations
October 26, 2021
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where we're involved in other related projects. So 10 people on staff
company-wide.
COMMISSIONER SAUNDERS: And who would be -- how
many people would be dedicated to Collier County?
MR. COMPARATO: Virtually most of them.
MR. GORIS: So we have -- as we have been through this
whole process, our entire team, to get us to this point.
So a little bit about myself and our firm. My partner, John
McDonald, who's also part of our team, we've been in this business in
third-party management my entire career. The last half of my career,
I spent a lot of it actually working with four of the guys behind us
that we're competing against today. So I take great pride, and many
of the locations they show in their presentations are ones that I helped
develop, open, and my partner actually helped run, John McDonald,
who's part of our firm a well.
So we have vast experience in this space. We -- I would put up
our team against any team when it comes to running a sports
complex, period.
Then in the back end of it, our team on the development side,
when it comes to making sure that the construction projects are done
on time, under budget, and ready to run, we are second to none in that
as well. Have worked on many of the largest stadiums in the
country to get them to that point. So we have a great array of
experience.
Another reason we joint-ventured with Ripken -- it's not a
subcontract. It's not a -- we are taking risk together in this project,
right? We are forming a new entity together -- is that their team of
45 corporate employees are going to back up and be a support system
to ours. So we have put a team together that only not has the
experience to lead, but has done it, has done it over and over again,
and can prove that they've done it over and over again.
October 26, 2021
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MR. COMPARATO: And if I can just add to Mr. Goris'
comment just to reinforce the point that I was making, of our senior
leadership, me included, we live here. So we're committed to this
project from the very top of our organization, as I said at the opening
of our comments, seven days a week.
MR. GORIS: Can I add one more bit to that? So to answer
your question specifically, I will be the point person overseeing the
day-to-day operations at the complex, so I'll be your account
representative. And sitting here, Eric Richards and Steve Quinn,
who are already well vested and work in the center, will be leading
our sales efforts on all the long field and stadium programming,
which they have a vast amount of experience in and drive it, and also
Steve Quinn came from the fitness world. He was an executive at
one of the largest fitness chains in the country. So he understands
how to sell and push membership in order -- how to grow that and
make sure that we have use in that side of our complex as well.
COMMISSIONER SAUNDERS: Thank you.
MR. GORIS: Yes, sir.
CHAIRMAN TAYLOR: Commissioner LoCastro.
I'm going to go last on this one.
COMMISSIONER LoCASTRO: Okay. Yeah. I've got a few
questions here. I'll try to make it quick.
So you've said repeatedly this is your home, right? You live
here. So why not a family discount for us? Why do we have to pay
a management fee unlike the other two companies? I mean, we're
family. You live right down the street. So why are you the only
ones charging us a very large management fee?
MR. COMPARATO: Actually, our management fee -- and,
Steve, you could probably address this better than I can, if you don't
mind, but if I can just open.
Our management fee structure is actually nominal at best. In
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fact, we immediately, upon year three, go to zero management fee
and, in fact, are offering a significant revenue share, and I think we
are the only firm that actually has -- in fact, staff was helpful in
talking -- helping us talk through potential changes to the bond
structure from tax exempt to taxables. Should that occur -- and we
would certainly encourage that, by the way, regardless. Should that
occur, we've also proposed that we would not only have no
management fee, but we would also assume operational risk so the
county no longer had any subsidy of any kind from an operating
expense perspective.
COMMISSIONER LoCASTRO: Okay.
MR. COMPARATO: Steve, do you want to further address the
commissioner's point on the management fee, or did I cover it?
COMMISSIONER LoCASTRO: Come on, Steve. We're
family.
MR. GORIS: Well, listen, we never got to that point in the
negotiations. But as Mike said, we have a $350,000 management
fee in the first two years of the complex. It goes to zero when the
baseball complex opens, and then we go into strictly a revenue share
where we make zero dollars until the county's operation is completely
covered, and then after it's covered, it's a revenue share after that.
It was our hope and intention that the financing structure would
allow us to take on all the operating risk. We believe in our numbers
that much that we're willing to say that if our team is running the
complex, if there's a deficit, we will write the check.
We can't do that right now because of the way the complex was
structured, but all we could do is risk our entire fee going forward
once the complex is complete.
COMMISSIONER LoCASTRO: Okay. One of your slides
talked about more in-house events, that you would capitalize more on
in-house things. So my question is two parts: Would those be
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revenue generating? And give me an example of something that we
should have been doing in-house with the previous company that
you-all would jump on much more aggressively.
MR. GORIS: Yeah. So, again, because we're in a joint
venture with Ripken, all of our sports programming baseball will be
in-house. So that's -- typically, in a regular setup, Ripken would
come in, rent from you, pay a nominal fee for your fields, and then
walk away with all the revenue, right? All the upside. In our
arrangement, they're coming in, we are producing revenue on the
county's behalf and then revenue sharing on the back end.
So all of our baseball revenue and programming that you see in
there will become in-house programming. That is revenue that's
coming to the county directly into, you know, our operating bank
accounts.
Other in-house programming, obviously, locally, I think it's
important that we work with the local associations. We've had many
conversations with those throughout the last few months through this
process.
COMMISSIONER LoCASTRO: Give me a couple. Give me
an example of somebody you had a conversation with.
(Simultaneous crosstalk.)
MR. GORIS: -- process on the football side on the different
associations. Be happy to.
MR. QUINN: Can you repeat the question again, please.
COMMISSIONER LoCASTRO: Give me an example of
somebody you had a conversation with locally that would be
interested in using the sports complex that hasn't done anything there
yet.
MR. QUINN: Well, currently, the Pop Warner --
THE COURT REPORTER: Can I get your name?
MR. QUINN: Oh, I'm sorry. Steve Quinn, Vieste.
October 26, 2021
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Currently we have an agreement, myself and Eric Richard with
SFI, where we are sending leads their way at the moment. So Pop
Warner we sent their way, which they are now working directly with,
and I think they use up almost all their weekends during the fall
season. And they will continue to work with them going forward.
The local baseball teams, once the baseball fields are actually up
and running, have committed to come in and actually run their
baseball organizations there. The local lacrosse teams, we've talked
to both lacrosse vendors as well as some of the soccer vendors that
are currently not doing anything there, so they would come in.
And so one of the things that I would like to do, since I've been
here a large part of 25 years, since 1996, is get the community more
involved.
COMMISSIONER LoCASTRO: Where are they playing now,
and why would they leave where they're playing now to come to the
sports complex?
MR. QUINN: Because they want to be a part of something
bigger.
COMMISSIONER LoCASTRO: Okay. Are they willing to
pay for it?
MR. QUINN: Remains to be seen. I haven't gotten down to
that brass tacks.
COMMISSIONER LoCASTRO: The other thing, too -- I'll
preface, I'm not trying to interrogate you guys, but in the nature of
short amount of time, here, and --
MR. QUINN: Sure.
COMMISSIONER LoCASTRO: -- jump-in questions. You
are bigtime baseball, bigger focus on baseball with Cal Ripken; you
know, we all get that. Obviously, you've been out to the sport
complex. The bulk of our fields right now aren't baseball fields.
Does that concern you at all? Because it would seem like we would
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have to finish all the phases of the sports complex to have it -- have it
designed in a way that would be beneficial to your company that
really focuses on baseball, and right now most of the field aren't
baseball fields.
MR. QUINN: Right, right.
COMMISSIONER LoCASTRO: You can play baseball
anywhere, but I don't think Cal Ripken's teams are going to want to
come in and play baseball on a soccer field.
MR. QUINN: I'll let our Ripken representative talk about that,
but I can tell you I'm a football guy, so we run the biggest football
organization, as you guys know, in the country. We run the All
American Bowl on NBC. We run the National Combine. We run
the FBU National tournament. We run the FBU Top Gun showcase.
On top of that, as was mentioned before, we were recently bought by
3STEP, so we've been given the okay, my partner and I, to bring not
just football here, but field hockey, lacrosse, soccer, other baseball
events. They have eight different sports that they do across the
board. They run over 2,500 events a year, and they've entrusted Eric
and I to be the sole 3STEP provider to bring sports down here and
hopefully fill up somewhere between 12 and 15 weekends a year.
COMMISSIONER LoCASTRO: Last question is, why do you
think you guys came in second?
MR. GORIS: Can I back up to that Ripken question --
COMMISSIONER LoCASTRO: Yes, sir.
MR. GORIS: -- and then come back to that really quick?
So I want to make sure that it's clear, when you look at our
proposal and our financials, I mean, Ripken is heavily branded
because of who that brand -- what brand means from an integrity and
delivery perspective.
When you go to a Ripken facility, if you've never been to one,
it's an experience like no other. You leave there leaving like a
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champion, you know, when you're a kid, and you want to come back.
That is what's really important, right.
We want to run a complex, take the Ripken way of how they've
run their facilities, and run that across the entire complex and make
sure that everyone that's coming in is running that experience. So
that's why you see us go Ripken forward in the branding.
But if you actually look at the number of events that we are
forecasting and you look at the economic impact, it is pretty well
divided between baseball and long fields. Now, we have a lot more
revenue in baseball. That's because we've been able to negotiate a
deal with Ripken where they're going to revenue share with the
county; that produces a great amount of revenue that allows us to take
on the risk that we want to take. But, we have -- we have spent just
as much time making sure that we can fill the fields that are there
today and the stadium that's there today as we have on the baseball
side.
COMMISSIONER LoCASTRO: Why do you think you came
in second?
MR. GORIS: Do you want to touch first, or do want me to go
though?
MR. COMPARATO: You're on a roll. Go ahead.
MR. GORIS: Well, you know, looking at the charting, I think
we just didn't get our message across the way we needed to get it
across. I felt -- we actually work on the other side, on your side of
the table quite often, right? We now work a lot of times with
municipalities making these decisions.
And I felt that the team and the program that we put together,
the financials, the ability to take risk, the fact that our financials are
proven, if you go and look at the venues that are being run currently,
if you -- Pigeon Forge or Myrtle Beach or Aberdeen, et cetera, the
revenue numbers are going to tie to what we put in a pro forma that
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we gave you-all, so that's a huge piece. And I just don't think that
we delivered that in the right way in the proposal.
So shame on me for not having the marketing experience to kind
of get that, I guess, in front and forward. But I think the deal points
that we put forward would be very compelling and one that I would
be happy to recommend to any of the municipalities that we represent
today.
COMMISSIONER LoCASTRO: And just last question: Any
of your tentacles in networking across the country reach out into the
music industry? One of the things I think that we're missing out on
is -- I love the football stadium, but we're not going to play football
games there seven days a week. The Ben Allen concert was a good
dry run, but there was still COVID, and it was a small group and
small stage, and we learned a few things.
But, you know, right now, as we start to get on -- a little bit on
the other side of COVID -- and Sugden Park's a perfect example.
We charge $20 a ticket, and we have to turn people away. We get
over a thousand people in Sugden Park for -- and it's a not-for-profit
fundraiser. But, man, we have an incredible little mini/medium-size
stadium there that can do more than just play football. Are you-all
networked into bringing in, you know, different -- different, you
know, concerts, venues, and just different things for the local
community?
MR. COMPARATO: Can I take that one?
MR. GORIS: Please do.
MR. COMPARATO: Thanks. It's like a tag team here.
Lunch tomorrow, in fact. To Steve's point, we're typically on
your side of this conversation as an extension of staff representing the
public-side jurisdictions doing all of this. Tomorrow, representing
another municipality client that we have in the Midwest -- I'm going
to be careful about what I can put on public record here. But lunch
October 26, 2021
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tomorrow is, in fact, with two different promoters that we have
relationships with on both music and performing arts content.
As a shared program and an indoor and outdoor complex, where
we're driving for that -- for that municipal client, including an MMA
box -- combat boxing format as well to the music industry. So we'll
have an entire concert series from a 2,500- to 5,000-seat indoor
expanding up to 7,500 people outdoor. It's an indoor/outdoor camps.
COMMISSIONER LoCASTRO: So, obviously, you feel our
venue would support that --
MR. COMPARATO: Absolutely.
COMMISSIONER LoCASTRO: -- and you'd be hungry to
find those things?
MR. COMPARATO: Oh, my goodness, absolutely. In fact, in
our proposal, I don't know if you saw it, but we provided a fairly
detailed activation plan beyond sports that we feel very strongly
about, both with local arts, performing arts, arts and
music -- music-type operations that we would want to see. The
campus is perfect for that. All of the amenities are there. We can
expand and add to that. But there's no reason why Paradise Coast
can't be and should [sic] be activated seven days a week, and just
driving traffic to that venue for a variety of different performing arts
and other cultural events, absolutely.
COMMISSIONER LoCASTRO: Thank you, sir.
MR. GORIS: I'll add one more thing to the entertainment
piece. John, who isn't here today, is our -- my No. 2 on the sports
operations side. He is a seasoned executive in the arena stadium
management business and a promoter, so he has a vast
experience -- vast experience in concerts, events, trade shows, et
cetera, that happens in those venues.
And as Mike said, we outlined in our proposal and in our
negotiation documents that we gave a list of all of our contacts
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outside of Ripken, FBU, and 3STEP because we didn't want -- we
wanted to make sure that it was known that we have a wide range, a
wide network as well.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Just a couple of questions. Of the
venues that you're involved in, which one would you say is the most
similar to our complex?
MR. COTTER: Yeah. I mean, from -- I'm sorry. From the
programming perspective and the experience, it would be Pigeon
Forge.
COMMISSIONER SOLIS: Pigeon Forge.
MR. COTTER: Just because of the ownership structure. From
a programming perspective, probably our Myrtle Beach facility by
the size and scale of it. But in the numbers that you've seen, Pigeon
Forge is reflective of that.
COMMISSIONER SOLIS: Okay. And so is Ripken -- this is
a joint venture?
MR. COTTER: Yes, sir.
COMMISSIONER SOLIS: And is all of that signed, sealed,
and delivered?
MR. GORIS: Much like your contract, it's ready to get signed
once ours is signed.
MR. COTTER: And we also brought our lawyers to sign
contracts.
COMMISSIONER SOLIS: Okay. All right. So -- and this is
a question, I guess, for Mr. Quinn. So I'm -- now, FBU has been
sold to 3STEP.
MR. QUINN: Yes, sir.
COMMISSIONER SOLIS: And so are you going to be
working for Vieste, or are you working for 3STEP, or are you
working for both?
October 26, 2021
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MR. QUINN: Yes. So we'll still manage the two properties
that we have come down here every year with the football university
properties on behalf of 3STEP, and then Eric and I will be in charge
of the sales and marketing for the sports complex. So we -- when we
were going through this process, that was brought up, a conflict of
interest, and Sean and, I believe, the procurement manager, made
sure that they mentioned to us that that was not an issue at all.
COMMISSIONER SOLIS: Okay.
MR. QUINN: Yeah. And so to kind of background that a
little bit, my background is sales and marketing, too. So mine and
Eric's job will be to put together a full sales staff that 24/7/365 is
marketing this place not just on social media, like Commissioner
LoCastro had mentioned, but actually out seeing the people at
conferences.
My background is also in health club sales, so I ran national call
centers, not just here in this country but in five different countries.
And so we'll put a national call center together that will be on the
phones every day making sure that we have this place filled 24/7/365.
And so that's going to be our sole job in there is to make sure that this
place is rocking and rolling every day.
We feel we put together the golden nugget team between Vieste,
Ripken, and 3STEP, and Eric and myself to deliver what needs to be
delivered here and not have what's been going on since.
COMMISSIONER SOLIS: That's all I've got.
CHAIRMAN TAYLOR: So now I have a question. It does
seem like Mr. Ripken's brand is a free agent. We've already heard
the number-one pick said that they could bring Ripken in. Is there a
plan to do this?
MR. COTTER: No, there's no plan. We are programming one
week-long tournament under our Ripken select brand, which is taking
what we do at a scaled-down version into communities around the
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country. So we're doing one-week long with the other party next
year, but there's no plan to jump ship and go over there and bring our
experience under their brand.
CHAIRMAN TAYLOR: What do you bring? What do you
bring? Why are you so desired? We heard three -- I want to hear
about 3STEP and I want to hear about Ripken. Why? What's
the -- this is a brand-new world for us. This is -- this is -- of course,
it's the cutting edge. We knew the sports park would be a cutting
edge. We knew this whole industry is just -- it's new and it's
growing. So there's no books to read about it. It is happening
as -- the ground is moving as you're standing. So, what's the deal
with Ripken? What is it? What do you bring?
MR. COTTER: Well, there's a lot. And I wish I had the
opportunity to show you the video, because he actually sums it up
real nice. But the Ripken experience is an experience that is much
like an MLB experience for the youth side of the baseball
tournaments, but it is inclusive of the entire family. So when a
family comes to a Ripken experience, there are activities, there's
engagement from the -- from the player to the siblings to the parents.
They're out in the community. We line up different activities. But
it is about keeping -- keeping them there as long as possible,
engaging them through merchandise, food and beverage, hotels, but
also having them leave with an experience that is truly unmatched,
right?
It's -- you almost have to go to see it, honestly. My wife,
anecdotally, came across a family traveling while she was traveling
in July, and she got the opportunity to sit next to the mom of a player
who had just left Aberdeen, and the mom simply said it was the most
amazing experience for our son and then from our family. From a
vacation perspective, we were able to tap into D.C., Philadelphia,
Baltimore through the experience that Ripken promotes for the
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community side of what we do.
CHAIRMAN TAYLOR: So, then, I have a question -- well,
let's hear about 3STEP also. Is 3STEP planning to go and work
for --
MR. RICHARDS: Commissioner Taylor, I'm sure that 3STEP
would be willing to bring down events with SFM. They've, you
know, done it in the past and everything. When -- when all this
came about and went out to bid and everything, Mr. Quinn and
myself were contacted by 3STEP's CEO, David Geaslen, and was
asked, do you guys want -- I have a relationship over here that I know
Jason and the SFM people. Do you guys want to team up with them,
or do you want to go with Vieste? Steve and I listened to both
presentations. We had a long conference, video conference with
SFM and Jason, and we decided to go with Vieste. And a lot of that
had to do with the local presence. What I've heard for the year and a
half I've been down here since I moved from Gwinnett County and
made my play here is that the local presence is what that needs -- that
park needs. And it's not going to be a guy in a hotel, a general
manager running it from an extended-stay hotel that's happened in the
past and everything.
And you made the comment, Commissioner LoCastro, why do
you think you finished second? Anytime Commissioner
Callahan -- I mean Deputy Callahan put together a committee, and
anytime something's judged on a scoring, it's like Olga Korbut versus
Nadia Comaneci, you know. So, I mean, we didn't get to battle them
in the ring or anything like that. We finished second from a
subjective point of view.
But to go back and answer your question, controlling the
calendar with Steve and I in there will allow 3STEP to book many
more events than coming through a secondary agency and getting
beat to the punch.
October 26, 2021
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COMMISSIONER LoCASTRO: I only throw that question out
there "why'd you come in second?" to give you a chance to add
anything maybe that didn't get spoken about in the competition --
MR. RICHARDS: I thought we were first.
COMMISSIONER LoCASTRO: -- you know, that sort of
thing.
MR. RICHARDS: It was subjective.
COMMISSIONER LoCASTRO: It's not to -- yeah, I
understand what you're saying, it's subjective. But like you said, you
even admitted, hey, we could have done a more polished presentation
or, if we had to do it again, we would have said A, B, C, D, E.
That's what I'm really getting at, you know, giving you a chance to
sort of, you know, add anything that you think you may have
remembered an hour after the competition was over, you know, that
sort of thing.
MR. GORIS: Understood.
CHAIRMAN TAYLOR: Myrtle Beach and Pigeon Forge, are
they public or are they private?
MR. COTTER: Pigeon Forge is public, and we sent that over
Friday per your request. So you guys have those financials.
Candidly, I came down here on Sunday as an invitation, that if
anybody wants to see the books of Myrtle Beach or Aberdeen, I'm
happy to show it. I can't -- I can't put it on public display.
CHAIRMAN TAYLOR: No.
MR. COTTER: But behind a door, I'm happy to open it all up
and let you guys see it.
CHAIRMAN TAYLOR: So Pigeon Forge is public?
MR. COTTER: Pigeon Forge is --
CHAIRMAN TAYLOR: So we could get a rear-looking pro
forma from Pigeon Forge; it's public record, right?
MR. COTTER: It is. We actually sent it over on Friday.
October 26, 2021
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CHAIRMAN TAYLOR: I don't want you to send it over. I
want us to --
MR. COTTER: Oh, you want it from Pigeon Forge?
CHAIRMAN TAYLOR: Yeah. That's the way we do it.
That's the way I think it needs to be done.
MR. COTTER: That's fine. They were wrapping last year
audit this week, so I'm happy to send it over to you. Have them do
it.
CHAIRMAN TAYLOR: Thank you.
MR. CALLAHAN: I just want to put on the record, too, during
the procurement process, as part of Vieste's proposal, the financials
from Pigeon Forge were included in that proposal, so it was evaluated
by staff in the process, just for the record.
CHAIRMAN TAYLOR: Thank you. Okay. That's it.
MR. GORIS: Thank you, guys.
MR. COMPARATO: Thank you, all.
CHAIRMAN TAYLOR: Thank you very much.
Commissioner McDaniel, no?
COMMISSIONER McDANIEL: Nope.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I think I have a couple
questions for staff right now.
CHAIRMAN TAYLOR: Okay. Commissioner Solis?
COMMISSIONER SOLIS: I'd ask the same question. I mean,
I've looked at your materials here, which are very helpful, in terms of
all of the -- you've managed how many different facilities at this
point?
MR. CLEMENT: Almost 30.
COMMISSIONER SOLIS: Almost 30. Which one of the
ones in your materials here would you consider to be the most like
ours?
October 26, 2021
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MR. CLEMENT: Yeah, there are a few. Hoover Met
Complex would be one. There are six baseball fields associated with
that. There's a stadium associated with that. There's an indoor
events center, which I know could be a subsequent phase here,
associated with that. We've got multi-purpose fields, long fields as
well there that we're managing.
It also has a splash pad; 16 tennis courts as well. There's an RV
park, which I know is a subsequent phase here as well, that we
manage and run, so that one's a good one. Sand Mountain Park is
another one as well. That's one that has diamond sports as well. I
forget the field number exactly, but I think it's 10 diamond fields,
multi-purpose fields also. That has an amphitheater, so when you
ask about live music and concerts and events, we've got promotion
and booking capabilities, that we fill that and have run a few concerts
and sat open during the pandemic.
So -- Panama City Beach would be one. That's all outdoor, and
those are long fields with a few that can be converted to 90-foot
diamond sports also. Elizabethtown Sports Park in Kentucky is long
fields as well as diamond fields also.
So I would encourage the Commission, when you're looking at
relevant complexes, look at the long field experiences as well.
Obviously, Phase 1 and Phase 2 are heavy long fields. I know
Pigeon Forge has none of those. Ripken doesn't do long fields. So
that would be one to -- one to evaluate as you're considering the right
partner.
COMMISSIONER SOLIS: Thanks. That's all I have.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: One of your slides talked
about taking us to what you called a next-generation complex. How
would you do it, and who would incur that cost?
MR. CLEMENT: Well, there's a couple ways to do it. One is
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guest experience, and you have a number of the amenities already in
that so -- in terms of that piece, but the --
COMMISSIONER LoCASTRO: What would you add?
MR. CLEMENT: So there's a technology component to it that
we are developing right now. Admittedly, we're just putting it out in
our --
COMMISSIONER LoCASTRO: What's it do?
MR. CLEMENT: -- in our other locations. When you sign up
to come in as a team or as an event, you can get -- you can buy
everything at once in advance. If you want a food and beverage
package, you can purchase it; if you want tickets; you can book your
hotel; if you want your tickets and gate, you can do that at that point;
if you want to buy merchandise and retail, we offer that up front.
Even if they don't buy that, now they're getting marketed to. They
know it's there.
COMMISSIONER LoCASTRO: Is that an app? That's an app
on their phone that they download, basically?
MR. CLEMENT: It will have an app functionality, but it's
really the booking component that goes with it.
COMMISSIONER LoCASTRO: Do you pay for that, or we
do?
MR. CLEMENT: We're developing it right now. So it would
come with us.
COMMISSIONER LoCASTRO: It would come with you,
okay.
MR. CLEMENT: Yeah.
COMMISSIONER LoCASTRO: You talked about industry
conferences. Give me some examples of things you think we could
have done here that you could have brought when you said you had a
slide that said industry conferences.
MR. CLEMENT: Yeah. Well, Sports ETA is a good example,
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which is what's happening this week. And I'm not suggesting there
isn't representation there representing Paradise Coast. I actually
don't know, but I know we've got 15 folks there, and we had a
massive -- we sponsor a breakfast where we bring in all the rights
holders and we expose them to our network.
And as you saw from the packet, there are ways that you can get
them through QR codes and other things to take a look at different
complexes. We, then, just because of our network, similar with
Perfect Game -- you know, if you just look at the baseball providers.
Perfect Game, USSSA, Ripken, those folks want to be in our
complexes. They do. And so because of that network, we would
have gone out and started to build those relationships.
If you look at the Ripken in partnership that Vieste's proposing,
we're getting proposed the same sort of partnership by other rights
holders as well in other locations where we are. So those are some
of the things that we would have done up front. You can go build
the right relationship.
I heard someone say earlier that, hey, a rental model is just a
rental in exchange. The relationships we're building right now,
because they want to be part of the network, are revenue share,
ticket -- you know, gate share. There are a lot of different ways you
can do that, because you can flex your muscles a little bit when you,
you know, control more inventory in the marketplace.
COMMISSIONER LoCASTRO: The industry conferences that
you've brought into other facilities, it's got to be more than just
playing sports. So then do they go into a conference center, and it's
sort of a mixture of both? And do we have a facility that would be
conducive to do what you've done other places, right? Because
they're not just coming in here and playing games. They're actually,
like, you know -- well, at least that's the way I understand, like, an
industry conference. It's sort of a mixture of both. Do we have a
October 26, 2021
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facility that lends itself to that sort of --
MR. CLEMENT: So the industry conference was the first
bullet on how we're going to market and sell the complex. So we're
going to those conferences. We're thought leaders in those
conferences.
COMMISSIONER LoCASTRO: Oh, to bring that business
here. Gotcha.
MR. CLEMENT: That's right. Now, we do trade shows and
we do conferences in some of our other venues as well. Those are
mostly on the indoor side. I'm trying to think if we have outdoor.
We do, like, the local car shows and those sorts of thing, but I don't
know on our outdoor complexes if we have.
Yeah, that's right. Our Panama City Beach location a year and
a half ago hosted the big sports trade show and conference there.
That's right.
COMMISSIONER LoCASTRO: Okay. Obviously, you've
toured the complex, right, I would expect?
MR. CLEMENT: Yeah.
COMMISSIONER LoCASTRO: When you brought up on one
of your slides naming rights, where do you think -- give me the top
five areas of walking around the complex where you think we missed
the boat where we could have gotten free money by putting
somebody's name on something.
MR. CLEMENT: Yeah.
COMMISSIONER LoCASTRO: Because you've got 26
facilities. This would be 27, so I would expect you have naming
rights in all 26 of your facilities. Where do you think we missed
some opportunities?
MR. CLEMENT: Well, I'm going to preface this by saying we
don't want to be NASCAR, all right. So we want to do it tactfully,
and we want to do it the right way. I mean, you've got a beautiful
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complex that -- I don't want to be presumptive here -- that we can't
wait to be a part of should we be given the opportunity.
But you can brand and sponsor almost anything out there. And
by the way, this is my partner, Eric Sullivan, who was gracious and
humble to let me blast through the 10 minutes earlier, but he probably
has some smarter things to say than what I'm about to say. But
naming rights for the whole complex is an opportunity; naming rights
for the long fields, in and of themselves; naming rights for the
diamond fields in and of themselves; the stadium itself has naming
rights opportunities. Somebody could sponsor The Cove, somebody
could sponsor the Factory. If the county's interested -- and we could
bring in a zipline, canopy tour kind of adventure things in addition,
that has sponsorship opportunities.
So, really, any and all of that we've sold. So I think the right
way to answer that question -- I should have thought of it, and then
I'm going to hand it over to you, Sully -- is we put a name -- we start
with our rate cards. So what's the inventory? What's the
opportunity? Obviously, we have templates for this because we
manage a bunch of complexes. Then we go determine what's the
value of each of those locations, sponsorship opportunities, and then
we have a pretty -- I mean, I call it a standard sales process, but
through our CRM we said, okay, here are all of the opportunities,
we're going to identify the leads, and then we track the funnel all the
way down until we close business.
COMMISSIONER LoCASTRO: In your other venues that you
have, does the county or whoever your partner is, do they have the
first right of refusal? Like, if you came to us and said, wow, Hooters
is going to sponsor the scoreboard and we go, you know, we really
don't want that here -- and that might be a bad example, or it may not
be, but is it -- it's not just you-all deciding that on autopilot, correct?
MR. CLEMENT: Yeah, you can veto Hooters, for sure.
October 26, 2021
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COMMISSIONER LoCASTRO: Okay. Name some
examples of some of the concerts that you've had in some of the
amphitheaters of your 26 other things. So you're not giving anything
away, name something that's already happened that you brought to
one of the other places.
MR. CLEMENT: Yeah. So -- I know you want to jump in.
Chris Tomlin recently; Lee Brice, country artist; Brantley
Gilbert -- Brantley Gilbert.
MR. SULLIVAN: TLC, Salt-n-Pepa.
MR. CLEMENT: Oh, yeah. I forgot them.
MR. SULLIVAN: Mercy Me.
COMMISSIONER LoCASTRO: What venue was that?
Where was that?
MR. SULLIVAN: Rocky Mountain, North Carolina.
MR. CLEMENT: And Albertville, Alabama, as well.
MR. SULLIVAN: And Sand Mountain Park.
COMMISSIONER LoCASTRO: So, obviously, with your
networking, you see a potential that here in Southwest Florida you
could attract those, you know, name brands --
MR. SULLIVAN: For sure.
COMMISSIONER LoCASTRO: -- or named talent?
And then lastly I would just say, what do you think your number
one or your number two strength was that placed you guys first?
Why do you think you're different, and why do you think that the
scoring card, basically, across the board agreed?
MR. CLEMENT: Yeah, I'll start. A few things. Number one,
our performance and track record. You can go look at our venues.
You can talk to any of those folks that we gave you references for,
those that have experience with other team members and us, and they
will share with you what it's like to work with us and our team and
how we partner and collaborate.
October 26, 2021
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In the spirit of that, the way we report transparently, the way we
collaborate, the way we share information, it's a true partnership from
that perspective, and you can see that in the way that we drafted up
our agreement. So I think that would be the second thing that made
it different.
And then the three and four, three would be our proven
marketing and sales experience. You know, if you listen carefully to
other groups, they're building this stuff. Done it in the past
somewhere else, you know, that sort of thing. They've got to build
their infrastructure.
With us, you plug us in. We're two hours up the road,
two-and-a-half hours up the road. So we don't have the local Collier
County address, but we can bring the whole team down from the
corporate office -- well, we did, today, and -- well, the leadership
today. But we are going to be down here, we're going to be
working, and that brings me to the fourth piece, and that is our deal
structure. We're not talking about a split of gross income. We're
talking about a split of bottom-line income. That's completely
different than the other proposals here.
And we're not looking for a fixed management fee up front, you
know, to get us there. We're all in right away. It's a 50/50
partnership. We win, Collier wins, and I think those are probably
the top four reasons.
Anything you would add?
MR. SULLIVAN: I think you hit the nail on the head.
MR. CLEMENT: Okay.
COMMISSIONER LoCASTRO: I just want to say Hooters is a
great restaurant and a good business here in Collier County. I
shouldn't have used that example. We're glad they're here, and they
bring in plenty of revenue, and they pay taxes.
COMMISSIONER McDANIEL: Let's see you dig out of that
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one.
MR. CLEMENT: Their founder's an Iowa State guy, and I'm
an Iowa State grad, so...
MR. SULLIVAN: And they were formed in Clearwater.
MR. CLEMENT: There you go; there you go.
CHAIRMAN TAYLOR: Is that it, sir?
COMMISSIONER LoCASTRO: Yes, ma'am.
CHAIRMAN TAYLOR: Okay. So your structure is such that
you are -- there's no management fee, and it's a split of the net on the
stadium; is that correct?
MR. CLEMENT: On the complex, that's correct?
CHAIRMAN TAYLOR: And how much -- what is the
percentage?
MR. CLEMENT: 50/50.
CHAIRMAN TAYLOR: 50/50, okay. And is that forever, as
long as the contract is?
MR. CLEMENT: Yep.
CHAIRMAN TAYLOR: Okay. And of your -- of your
facilities -- and I think there's eight in context, but I'm sure there's
more -- how many of them are public rather than private?
MR. CLEMENT: I would -- about 75 percent are --
CHAIRMAN TAYLOR: Okay.
MR. CLEMENT: -- public.
CHAIRMAN TAYLOR: So we should be able to access a
rear-looking pro forma based on what you said you were going to do
when you came in there versus what is happening today?
MR. CLEMENT: We definitely can do a budget versus actual.
Again, we would need to get -- I think we sent over 12 or 13
examples --
CHAIRMAN TAYLOR: Yeah.
MR. CLEMENT: -- in the request on Friday.
October 26, 2021
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CHAIRMAN TAYLOR: I'd rather get it directly from them.
MR. CLEMENT: They will ask us to send it to you, but you
can ask them, for sure.
CHAIRMAN TAYLOR: All right, good. Thank you very
much.
COMMISSIONER SAUNDERS: Madam Chair, just one quick
question. How do you define net revenue for purposes of the 50/50
split?
MR. CLEMENT: Yeah. It's bottom line before maintenance,
capital expense, and the utilities.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN TAYLOR: Before?
COMMISSIONER LoCASTRO: The number before those are
paid?
MR. CLEMENT: Uh-huh, that's right.
COMMISSIONER SAUNDERS: And I tell you what, let me
ask one more question. I think it's really kind of a question for both
staff and for the folks here.
In terms of -- if the Commission today said, okay, we're going to
award this bid to X, we're not ready to sign a contract yet, from what
I understand. So I assume that this is probably going to have to
come back to the Board with a final contract. I don't know how
much of the terms that you're talking about are negotiable. That's
something for staff to work with you on.
I'm assuming that you're still subject to the negotiations, and
we're still trying to work out details, is that accurate, or do you have a
proposed contract that is -- it's take it or leave it for us?
MR. CLEMENT: No, it's not take it or leave it. There's a
proposed contract. Because of the way the procurement has gone,
we haven't been able to engage with the county counsel or County
Attorney at all. If you wanted to move forward, we're comfortable
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with the contract that's been proposed, but there are aspects of it we
would love to have a conversation directly with the staff about as
well.
COMMISSIONER SAUNDERS: If you got the award today,
you'd be okay with this coming back in a couple weeks at our next
meeting for final contract approval?
MR. CLEMENT: We would be, yes.
CHAIRMAN TAYLOR: Okay. All right. So I guess, thank
you very much, and now it's questions for staff.
COMMISSIONER McDANIEL: Correct.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: And then for us to have a
discussion, I assume.
CHAIRMAN TAYLOR: Right.
COMMISSIONER McDANIEL: You want me to go first?
CHAIRMAN TAYLOR: Yes, yes.
COMMISSIONER McDANIEL: I've been sitting here waiting.
If I can, with you, Sean. I'd just like a little clarification about
your column headings on this. This -- I just would like to know a
definition of what the cost of goods sold.
MR. CALLAHAN: So the cost of goods sold or -- so we had
three different proposals, so we tried to make it as apples to apples as
possible here.
The cost of goods sold are direct responses to those revenue line
items that support the revenue streams to the complex. So the cost
of goods sold is, you know, merchandise that's at a tournament. So
it's to support those actual events; whereas, when you go to the direct
costs, it's fixed costs like payroll, like maintenance, like other things
like that so -- that are fixed for the actual complex.
COMMISSIONER McDANIEL: Okay.
MR. CALLAHAN: So if you look at the end with all of these
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different proposals, you know, you'll see revenue shares -- we've tried
to outline where they are and outline what the actual fiscal impact is
for each proposal at the end of the day is apples to apples as possible.
COMMISSIONER McDANIEL: And why does the estimated
revenue that our staff came up with with Proposers 2 and 3, their
revenues are -- their gross revenues are significantly higher? I'm
assuming the estimated revenues is the gross revenue.
MR. CALLAHAN: Correct.
COMMISSIONER McDANIEL: But then their net after the
fact is significantly lower.
MR. CALLAHAN: That's correct.
COMMISSIONER McDANIEL: Okay. Yes, that's --
MR. CALLAHAN: So the revenue lines that you see were
proposed by the different companies.
COMMISSIONER McDANIEL: Right.
MR. CALLAHAN: You know, obviously, there's higher direct
costs associated with the direct -- with the gross revenue lines.
Sports Facilities Company is the number one. That estimated
revenue is higher than our current operator, but their costs are also in
line with what we've seen in our actuals. So I guess that could be a
question to each of the companies of how they're excepting to drive
those different revenue lines. This is part of the pro formas that
they've submitted as part of the proposal to be awarded the contract.
COMMISSIONER McDANIEL: I see. Okay. Thank you.
No more questions for me.
CHAIRMAN TAYLOR: No more?
Commissioner Saunders.
COMMISSIONER SAUNDERS: On the Vieste, what is
the -- how are their fees to be determined after -- they have the
$350,000 management fee the first two years, but then what is the
arrangement for payment of fees going forward?
October 26, 2021
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MR. CALLAHAN: It's a split between diamond revenue and
long field revenue. If I can pull it up real quick, I will get that for
you. I believe it's 33 percent of diamond revenue and 10 percent of
long field revenue.
COMMISSIONER SAUNDERS: And how were those -- that's
gross revenue for those --
MR. CALLAHAN: Yes, sir, for each of those respective
business lines.
MR. COTTER: It's not. It's a percentage net.
MR. CALLAHAN: It's a percentage of net --
CHAIRMAN TAYLOR: You can come up to the --
MR. CALLAHAN: -- but for each of those different business
lines, be it diamond fields and long field activities.
COMMISSIONER SAUNDERS: Could you come on up
because, obviously, the difference between gross revenue and net
revenue is fairly substantial.
MR. COTTER: Yeah, it is. I mean, it is a split of net income
essentially or --
COMMISSIONER SAUNDERS: How would you define that
income or that split?
MR. COTTER: That would be gross revenue less cost of goods
sold less the operating expenses. So before depreciation,
amortization, interest, any of that kind of stuff.
COMMISSIONER SAUNDERS: Thank you.
COMMISSIONER LoCASTRO: Sean, I've got a question for
you, and I don't want to bring the other companies up. Because you
were part of all these -- you were in these meetings, right?
MR. CALLAHAN: (Nods head.)
COMMISSIONER LoCASTRO: Okay. I mean, the biggest
thing that jumps out at me is -- you know, I'll just look at the cost of
goods sold. I mean, the delta is so different between the three
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companies, and so, I mean, I sit here and go, you know, wow, I mean,
there's some differences here that are massively different. How did
they explain that in the meeting? And if -- and I will tell any of the
organizations out there, if you don't think that Sean encapsulates your
answer correctly, you know, we're here making hundreds of millions
of dollars of decisions, and run to the podium and speak.
But the delta here in the finances is so massively different in
some columns, so either you did the math different, you added in
things that other companies didn't add in, you're going to sell more
stuff that we haven't sold there.
But, Sean, what can you tell us? The columns that jump out as
being so different are obvious. Pick a couple. And was there an
explanation? Was that a question?
MR. CALLAHAN: Yeah. I'd say, Commissioner, throughout
all of the proposals there are different revenue lines, different costs of
goods sold that are included in the pro forma. So with each
respective company, the answer's going to be different, and it's how
they're proposing to run the actual business. At the end of the day,
you know, you get to the bottom line, which is what -- what's the net
cost to run the complex?
COMMISSIONER LoCASTRO: I mean, if there's anybody in
the audience that represents one of the companies, these are
important things. In the end it all comes down to numbers. So if
you've got a number on here that's so outlandishly bigger or smaller
than your competition, speak now or forever hold your peace
because, you know, what is it Commissioner Saunders always says?
Words matter, right? I love it when he says that. Numbers, too.
So pick a column and explain why you're so off or different.
MR. EAGLE: I'll start.
COMMISSIONER LoCASTRO: Yes, sir.
MR. EAGLE: I'm not sure what you're looking at. I think it
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would help us --
COMMISSIONER LoCASTRO: Okay. Well, I'm looking at
estimated cost of goods sold. So you've got SFI says they can make
$2 million, and then you've got SFC that says they can make
$386,000. I mean, that's a pretty big pendulum swing. And then,
you know, you look in years down the road and you've got, you
know, one company that says they're $12 million, the other company
says they're 6 million.
So, I mean, if you have this in front of you, you pick the column
and, you know, the one that has the biggest delta -- and give us some
examples of -- because it might not be apples to apples. So in
fairness, we might be looking at numbers that, wow, another
company says they can make three times more money than the other
company, but then you might say, well, we're using totally different,
you know, criteria.
MR. CALLAHAN: I think I gave my copy to Commissioner
Solis, but all of those -- my last copy -- but all of those are
respectively. If you take pro forma that was submitted with the
contract and you aggregate those costs, that's where you're at.
MR. EAGLE: Is it the slide that you had up earlier?
MR. CALLAHAN: Yeah, but it only had the first two years on
it. Here, I'll put it up.
COMMISSIONER LoCASTRO: I guess the big question for
all three companies would be, on any of these columns, all of them,
or you pick two or three or whatever, the ones that have the biggest
delta, do you feel you used a different algorithm where you had
something different than the other companies and so your numbers
really aren't that far off; they're just different for a specific reason.
MR. CLEMENT: Yeah. So looking at these now, I'll speak to
ours. It's the model. When you talk about running in-house
programs, you need more staff to be able to run your own in-house
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programs, so that the cost of goods goes up. So when you look at
our model where we're bringing in -- this is going to sound more
sales than I intend for it to, but you're bringing the best partners from
around the country to run their events, and they plug in, they bear the
cost of that. Now, they're paying rent to the facility also, so that
means our cost of goods to generate our revenue is lower, right, then
if you're running your own tournament and your own event.
COMMISSIONER LoCASTRO: Because they're bearing cost?
MR. CLEMENT: That's right.
COMMISSIONER LoCASTRO: And you think your
competition, they're not doing it that way; they're absorbing the cost,
and that's why their numbers are three times the size of yours?
MR. CLEMENT: That's right. That's right. Now --
COMMISSIONER LoCASTRO: Now, if the other companies
think --
(Simultaneous crosstalk.)
MR. CLEMENT: Now, the revenue goes up on the other side,
too. I mean, I'm guess -- let me look. I'm guessing, like, Vieste's
revenue is more than ours. They are.
COMMISSIONER LoCASTRO: Right.
MR. CLEMENT: So Vieste and SFI's revenues are more than
ours also --
COMMISSIONER LoCASTRO: Yeah, and you'd expect that.
MR. CLEMENT: -- and it's because they're collecting all the
revenue for those events that they're running. Ripken's collecting all
the revenue for those events that they're running, but they're bearing
the cost of those as well to deliver on it, which is why, I think, to
Sean's point, you look at the bottom line of all of it and the revenue
split for all of it, and that's how you can start to make a decision as to
whether -- which model is the right model and which you're going to
help, you know, the county achieve its definition of success
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immediately out of the gates.
MR. EAGLE: And I'll say, you know, the way we model this,
you know, our revenues, look at year five; it's in half. Back to my
comment earlier, there have been a lot of municipalities that have
seen these really aggressive targets. We pride ourselves in bringing
a lot of in-house events to the venue that, in the end, will be a higher
profit margin than when you're third-partying most of what you do.
COMMISSIONER LoCASTRO: Why do you not show a
profit until year five, and you've already been in the sports complex
for, you know, 18 months, two years or whatever? Am I misreading
it?
MR. EAGLE: I believe -- and I'm not sure, Sean -- this may
include all the direct expenses. Again, I don't know what the
buildup is on this to get to some of the numbers that I'm seeing here,
necessarily. It can also be timing, a sequence in timing of when we
estimated venues opening up over the next five years.
COMMISSIONER LoCASTRO: I mean, that's a column that
jumps out at me, net income. So, you know, you've got the other
two companies ahead of you showing two point something million,
you've got 94,000, and the four years prior to that you show a loss.
Why do you think that is? What do you think you're adding into the
equation that's different than they're adding in, or you think they're
overestimating and you're being more realistic?
MR. EAGLE: I think we're being more realistic. We've seen
the actuals from this year, again, in a pandemic year, but they were
decent numbers for just four, four-and-a-half fields, and we've got
three other locations where, from running in-house or JV baseball
report tournaments throughout the year -- Perfect Game was at our
complex for the first three-and-a-half, four years. We know what
those numbers are, so we're very comfortable with the numbers that
we put out there. Most municipalities, unfortunately, it is a cost to
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them to have facilities like this.
Now, there's an economic impact. There's a community impact
as part of it. There's a big equation for it.
COMMISSIONER LoCASTRO: Well, absolutely.
MR. EAGLE: So I just want to throw that out there.
COMMISSIONER LoCASTRO: Okay, thank you.
CHAIRMAN TAYLOR: Are you finished?
COMMISSIONER LoCASTRO: Yes, ma'am.
CHAIRMAN TAYLOR: I wanted to address --
MR. COTTER: Is it --
CHAIRMAN TAYLOR: I'm so sorry.
MR. COTTER: Is it okay if we take a crack?
So I can tell you a couple things. One is that we don't -- what,
in year three -- the jump up in year three is that when we assume the
diamond sports open up, so that's when the Ripken baseball
experience really is hitting the ground. I'm not sure when everybody
else has baseball coming in their models, but that's when we have it.
And then -- I don't know if you had anything to add on top of
that, but I know from our model, that's why you see the big jump in
year three.
COMMISSIONER LoCASTRO: Okay.
MR. GORIS: Yeah. I think what I would add to it really is
simply a few things. One is, our cost of goods in the first two years
are higher than it will be as it continues to go on, as we are basically
also putting in all of our preopening expenses for the next phases of
work to set up the experience that we want to set up there.
So we went into the pro forma for this. We really were asked to
look at a 10-year look as part of our proposal. So if you look at over
the course of the 10 years, you know, we deliver over $6 million in
cash flow back to the county. We didn't go in with the anticipation
of making sure our five-year mark looks good. This is going to be a
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long-term relationship for us. So I think that's important to say.
And then just to touch base on what Scott just said as well,
there's revenue that we, in our model, did not assume until year three,
baseball/softball being one of them. I don't know that that was
consistent with all the companies.
CHAIRMAN TAYLOR: It's not.
MR. GORIS: Depending on when they're saying they're going
to produce certain amounts of revenue, it could skew that five-year
model as well. So I think those are the two things I want to call out.
MR. COTTER: Yeah. If I could respectfully disagree with
SFI. We are actually having our best year ever. COVID hit us last
year, but we have seen our programming come back in full force.
And you'll see in the Pigeon Forge financials that you'll get from
them, we're having an amazing year. Next year is looking just like
it.
CHAIRMAN TAYLOR: I think -- I think, again, this is the
information that I was saying that -- I would like this continued to our
next meeting. I would like these actuals, these real financials where
on such and such a date such and such a company came in and said
they would do this. Okay. Let's fast forward. What are they really
doing? You know, there's a -- there's an expression that says "trust
but verify," and I think we need to verify it, but I think we need to
verify it with public institutions that will send us this information
directly, because it's public record, and they all seem to have public
institutions.
And I also would like to address, Commissioner LoCastro, your
comment earlier. One of the -- one of the justifications to build a
sports park was that -- with tourist money is that it adds revenue to
our hotels.
COMMISSIONER LoCASTRO: Absolutely. It just can't be
the only thing.
October 26, 2021
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CHAIRMAN TAYLOR: Oh, no. But how important that is
to --
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN TAYLOR: -- to the base, and building the sports
park brought us Uline --
COMMISSIONER LoCASTRO: Absolutely, absolutely.
CHAIRMAN TAYLOR: -- and Great Wolf.
COMMISSIONER LoCASTRO: But they'll all do that, you
know, whether it's lacrosse or football. People are going to need to
sleep in beds, so then it's, what can you do that's above and beyond in
our actual complex is what I think. But, no, I mean, that's not lost on
me, and there's restaurants that have benefited from things, although
we haven't had that many events, so I don't think the impact's been
exponential yet.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Just one question for Mr. Clement.
The 50/50 nature of what you proposed to do with Collier County, is
that the same arrangement that you have with other local
governments?
MR. CLEMENT: No. We've never done this before. We've
always had a management fee. This is the first time that we have
proposed no management fee and just gone straight performance,
because we believe in this, and we want to be here.
COMMISSIONER SOLIS: Okay. I was just going to ask you,
why would you do that, and I guess you just answered the question.
MR. CLEMENT: Yeah, we want to be here. It's clearly
competitive. The Matthew McConaughey thing was kind of a joke,
but not really. It's like this has been a process, right, to go through
this, and we certainly appreciate what staff has gone through here.
But we believe in the opportunity here. We want to be here. We're
just up the road. This is our backyard, and we're willing to put our
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money where our mouth is.
CHAIRMAN TAYLOR: Just a question.
COMMISSIONER SOLIS: He drives a Lincoln.
CHAIRMAN TAYLOR: Oh, excuse me. Commissioner
McDaniel.
COMMISSIONER McDANIEL: Yeah, I had a really good
question.
CHAIRMAN TAYLOR: And I interrupted your thought
process.
COMMISSIONER McDANIEL: Yeah. I wanted -- it wasn't
necessarily for the companies. The conversation that I was wanting
to have amongst us is how do we move forward. We have already
put out an RFP, we've already canceled the agreement, technically, in
November with the existing company, and the dynamics of what
we're talking about here in negotiating an actual contract with
somebody are actually going to have an impact on these numbers that
our staff has, in fact, put together.
And so I'm having difficulty -- I mean, you know, we always
have relied heavily upon our staff during these processes. The
procurement process in Collier County is probably second to none. I
mean, they do an -- our staff does an amazing job throughout that
process. So I'm -- my question for you-all is, I'm having difficulty in
determining which is the best pick from the questions that have been
asked here today knowing that the actual numbers -- because that's
what matters to me.
CHAIRMAN TAYLOR: The numbers.
COMMISSIONER McDANIEL: The numbers. And I mean
no disrespect to anybody that's come here. Utmost respect for you
coming here and subjecting yourself to this process. But, you know,
we -- Commissioner LoCastro's mentioned regularly that we have a
duty for our taxpayers. This is the taxpayers of Collier County who
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have built this facility. And if the physical contractual negotiation
ends up with a different net income, then that's going to be a different
revenue steam for us as a community.
And that's my, more or less, question to you folks. When
I'm -- when I'm hearing the discussions about how they do what they
do, I mean, they all necessarily can do well. It's what are the impacts
to us with the actual contractual agreement that we end up with and
what -- what bearing is that going to have on our net income? And I
don't think we can make that decision for and until there's an actual
agreed-upon contract and everybody's looking at the same set of
circumstances, the same set of --
CHAIRMAN TAYLOR: Apples to apples.
COMMISSIONER McDANIEL: -- opportunities, if you will, I
mean -- and whether or not facilities are constructed and so on and so
forth. I mean, I have a suspicion here -- not suspicion, but I have a
concern that different representations were made that ended up
ranking the different companies in a manner that it's hard for me to
make a decision from.
CHAIRMAN TAYLOR: May I respond?
COMMISSIONER McDANIEL: Sure. This is --
CHAIRMAN TAYLOR: Do you mind?
The thing that I struggle with is that -- is that what is being
offered is so new. We don't know. And we do have a template of
the way it's been managed now. And I would dare say that at least
one of the applicants would be mirroring that. And then we have
almost an entrepreneurial approach. You know, the company that
says, okay, I'm not going to pay you a high salary. What I'm going
to do is you're going to go out and you're going to make your money,
and when you make money, I make money, and that's the way it is.
The other is more like, well, I'll give you a salary and, you
know, we'll go along. And even though there's no upfront amount
October 26, 2021
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on two of them, the revenue that they're -- that they're projecting and
in their pro forma hasn't been verified by what they've done in the
past, and that's what bothers me. That's the actuals that I really,
really want.
COMMISSIONER McDANIEL: And combined with
our -- with our adjustments to the actual contract.
CHAIRMAN TAYLOR: Yeah, or just to formulate the
contract. Usually, because it's such a specialized field, you bring in
a consultant to write the contract, and this is a boilerplate. This
contract -- I read this very -- I mean, time and materials? Time
and -- why do I care what they pay their executives? What do I care
what they pay their people? I don't. All I care about is my bottom
line and how well that stadium or the complex has been run and
how -- what the profitability and how many people they drive, but the
time and materials, I mean -- but that is a contract that I read that Jack
Wert's office struck with Paradise. It's the same contract. They've
just used it for here.
So I think -- I think there's some work we need to do on the
contract, and I think, perhaps, we can get that done by November the
9th, but I also think that we deserve to make a decision. We have
been wonderfully presented with sales, and they're good. They're all
good. Great sales. So let's see what the actuals actually say, and
that's -- that's about what I'd like to do.
COMMISSIONER McDANIEL: And, necessarily, then, leave
it open for all three to have those same parameters -- excuse me.
Forgive me. Commissioner Saunders is lit up.
CHAIRMAN TAYLOR: No, I think, if you don't mind, let's
just -- I was talking and -- no back and forth.
COMMISSIONER McDANIEL: Do you have a --
COMMISSIONER SAUNDERS: No, go ahead, go ahead.
CHAIRMAN TAYLOR: Let's just finish it because I know that
October 26, 2021
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I was responding to you.
COMMISSIONER SAUNDERS: I totally disagree with what I
think the Chairman is saying, but you go ahead.
COMMISSIONER McDANIEL: Okay -- no, I just --
COMMISSIONER SAUNDERS: No, go ahead, because I
want to hear what you have to say about that, and then --
COMMISSIONER McDANIEL: I mean, in order to be fair,
that that -- that comparison should be done by all three of the selected
parties.
CHAIRMAN TAYLOR: Yes. Oh, yes. Not just one.
COMMISSIONER McDANIEL: Before -- and then we decide
on the 9th.
COMMISSIONER SAUNDERS: Okay?
CHAIRMAN TAYLOR: Please. Yes, sir.
COMMISSIONER SAUNDERS: I don't need to see numbers
from Pigeon Forge or any other entity that these groups are
managing. We've got three really good firms here. Staff's done a
nice job of evaluating them.
I'm torn between the first- and second-ranked firms. And one
of the concerns I have with the first-ranked firm -- and this would be
a question that would have to be resolved -- I don't like the 50/50
split, all right. I think the county should be getting a little bit higher
percentage than 50 percent. The second-ranked firm had 10 percent
on one set of fields and 35 percent or 30 percent on another aspect of
it. That may be a little low for the Bendel (phonetic).
But I'd like to rank a number-one firm today and have staff
negotiate a contract and come back to us on November 9th as
opposed to delaying this any further. If we're ready to rank a firm, I
think we should do that. Now, we may not be, but I am personally
ready. I know Commissioner Taylor's not ready yet. But if the
majority of the Board is ready to pick a number-one firm, then let's
October 26, 2021
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have staff negotiate a contract recognizing that if the number-one
firm we pick is Sports Facilities at a 50/50 split, I'm not going to be
happy with that, and I'm going to start looking at the second-ranked
firm. So that's where I think we should be.
I think I've heard enough in terms of the quality of these firms to
make that decision. Looking at a list of numbers from Pigeon Forge
isn't going to help me.
COMMISSIONER McDANIEL: Can I say something?
COMMISSIONER SAUNDERS: Yes.
COMMISSIONER McDANIEL: I just would like to discuss,
one of the issues that I liked about the first-ranked firm being a
straight 50/50 split was there's no prioritization for different venues.
They're making more -- the No. 2 ranked firm, my understanding, is
is they're paying a percentage on long fields and a different
percentage on diamond fields, and so there then can be an impetus of
prioritization with venues and revenue streams that are positively
impacting them and not necessarily us. On the -- with a straight
50/50 split -- and whether it's 60/40 or whatever -- I mean, whatever
it ends up being --
COMMISSIONER SAUNDERS: That's what I'm talking
about. It should be somewhere in that range.
COMMISSIONER McDANIEL: But having an equal split on
all venues, then, doesn't allow for the management firm to pick and
choose venues where they make more money and we make less.
COMMISSIONER SAUNDERS: And that's what the
number-one-ranked firm is talking about. They're talking about
50/50 split on all sources of revenue.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER SAUNDERS: I don't have a problem
having the same split on all sources of revenue. I just don't want it
to be 50/50.
October 26, 2021
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COMMISSIONER McDANIEL: I gotcha.
COMMISSIONER SAUNDERS: We're paying, obviously, all
of the maintenance costs, and the physical costs for the facilities, and
so I think the split should be different. And I see that they're kind of
nodding in the affirmative, and that's an issue for staff to work out
with them recognizing that the number-two-ranked firm has a much
lower split.
So, Madam Chair, that's kind of where I feel we should be.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: Let's pick a firm, and let's
negotiate.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: And I agree completely with
Commissioner Saunders. I mean, this has gone through the RFP
process. We had our best team look at the proposals. What's on the
agenda is a recommendation to award an invitation to negotiate with
whatever one we pick. I think they all three are good companies.
You know, I think we've gotten our recommendations from staff.
I agree, I mean, I think we could keep putting this off and
putting this off with more information, more information. I think it's
time to just -- let's just pick the one that we can agree upon and let
staff do what it needs to do ASAP, because we need to have a
decision for whatever company ends up being the one by the end of
next month.
COMMISSIONER SAUNDERS: Make a motion.
CHAIRMAN TAYLOR: Wait, wait. We've got two more
speakers.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I think the numbers from the
other venues would be interesting, but I agree with Commissioner
Saunders; they wouldn't be deal breakers for me, and here's why.
October 26, 2021
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Your venue in Gatlinburg, Tennessee, when you have a concert there,
I have no doubt you get Blake Shelton or somebody like that, and if
you can't, then you guys are horrible, okay.
But these are not apples to apples. So in New Jersey, you're
going to get maybe Bruce Springsteen. Here in Naples, maybe we're
not going to have a Beetles reunion concert.
So the numbers from some of these venues would be skewed
because they're more popular. They're in a bigger location. They've
been there a long time. They're more established. So I don't think
it's apples to apples.
The second thing I would say on the split is I agree with
Commissioner Saunders, but here would be my question for really all
the companies, and not to get an answer, but just -- I have a feeling
we're going to, you know -- or you can come.
We built it, so that's why I think we should get a bigger split. I
have a feeling that, you know, just to use the first company, I bet -- I
bet you guys didn't build all of these. Some of them you walked
into. Some of them maybe it was a 50/50 split, and you shared the
costs. Some of them they gave you the keys to something small, you
added to it and built an amphitheater and put in more seating and put
in a bigger scoreboard or whatever. I guarantee you something
along those lines.
We're giving you the keys to something that's ready to go. It's
ready to be driven. It's move-in ready. It doesn't mean we can't do
a couple of other things, but that's why I agree with Commissioner
Saunders. I think we deserve a bigger split because we've already
fronted the money. So we've already, I guess, fronted a huge
management fee, and you're getting to walk in and start on something
that we've already begun.
And, you know, the other thing, too, is that could be a graduated
type of thing over time. And so one of the things I'm gravitating
October 26, 2021
Page 260
towards is giving a company -- and I think I know the one that I
would at least like to continue with, but having aggressive
conversations about what a real contract would look like, but tell the
other two companies you guys are on ice. So we might go back to
you and say, you know what, company one, they sounded great on
day one, but behind closed doors we don't think that it was as close as
we had hoped.
And I would hope the other companies aren't here just saying,
well, if we don't get it today, then we're gone forever. This is a big
enough contract that even if we're negotiating with whatever
company we pick first, the other two would go back to your
boardrooms and sharpen your pencils and get ready for a phone call
in case that call comes. So that's where I stand right now.
And the company that I think, you know -- and I'm not going to
say the name of the company, but the things that jumped out at me, I
think there's one company that has the most realistic numbers.
There's one company that I think has a more proven track record, has
definitely a much larger national reach, has a very aggressive
approach, not only in their presentation, but in other things, and I also
think we're going to get one of the best deals that they've made, you
know, compared to, you know, other locations, and, you know, that
resonates with me. I still think there's a lot of work to do in the
contract.
But I would say if we had agreement with one particular
company to not pick them but to move forward and have our staff
have an aggressive discussion to get something that's written in pen
and not pencil, and then if we go, wow, yeah, we think this is the best
deal, then tell the other two, thank you but no thanks, or one of the
options could be, wow, we've got something really aggressive from
company number one. Last chance, do you want to give us, you
know, Draft No. 2 and have us consider it. You know, that's
October 26, 2021
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obviously another option, but that's where I stand.
CHAIRMAN TAYLOR: So Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Two points, then I'm
going to -- I'll quit after this, maybe. I would suggest that we pick a
firm today, and I would suggest that maybe -- because I know in my
other life I had a performance-based contract that
started -- particularly we're talking about a 50/50 split, and then as
revenues went up, then my split went down, and I paid my -- back
when I was in the mining business, as my revenues went up, my
actual percentage of revenue paid to the property owner for royalties
and such, that actually went up over time so that we're compensated
based upon their performance. So that's just a suggestion that I've
done in my other life.
CHAIRMAN TAYLOR: Okay. Commissioner Solis. I'm
sorry. I jumped over Commissioner Saunders. I do apologize.
COMMISSIONER SAUNDERS: Yeah, that's okay. I was
going to go ahead and make a motion.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: If the Board is ready.
COMMISSIONER SOLIS: That's what I was going to do, but
go ahead.
CHAIRMAN TAYLOR: Well, no, no. How do we
know -- how do we know that what was presented here in terms of
what they can bring in, given to us here, is not inflated in order to
look good?
COMMISSIONER SOLIS: Well, I mean --
CHAIRMAN TAYLOR: The only way we know that is to go
and do the research.
COMMISSIONER SOLIS: Our staff -- I mean, this is --
CHAIRMAN TAYLOR: They didn't do it. They checked
references.
October 26, 2021
Page 262
COMMISSIONER SOLIS: I mean, this is the RFP process.
MR. CALLAHAN: Staff, especially in the case of the
number-one ranked, we've now seen 12 proposals that have all shown
that they've been able to generate revenue, reduce expenses, and I
believe all, if not the majority of the venues that they have a contract
with, have re-signed them to a contract. So all of the references that
were checked throughout the procurement process came back
positive. I have a hard time thinking that they would come back as
positive references if the vendor was failing to perform at that
complex.
CHAIRMAN TAYLOR: No, it's not that. It's not that they
have failed to perform. It's that what they said they were going to
do, they didn't do it. It doesn't mean they didn't -- it doesn't mean
that they failed to perform.
COMMISSIONER LoCASTRO: But one of the things I
always hear in these meeting here is we have to trust the staff
but -- trust but verify. Ronald Reagan said that.
Also, too, when a contractor comes in here and, you know,
pitches us a $10 million, you know, sewer line replacement, right,
Dr. George, right, we get five different, you know, contracts. How
do we know they haven't, you know, underbid to get the contract and
then, you know, the pipe's made out of balsa wood instead of copper,
you know. So we have that.
So, you know, I mean, I do think -- I would hope Sean -- and
this is where I would expect you to chime in. You know, do you
think a deep dive was done? And, like you said, it wasn't just these
three companies. You know, you vetted a dozen or so to get down
to these three. What kind of dive was done? I mean, we weren't a
fly on the wall. You were.
MR. CALLAHAN: Commissioner, respectfully, we went
through your procurement process.
October 26, 2021
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COMMISSIONER LoCASTRO: Our procurement process.
MR. CALLAHAN: Our procurement process. You have a
procurement ordinance that governs how we do business here. A
solicitation was sent out. I believe seven proposals were submitted.
Six were deemed qualified. Staff met -- I think we had an
impressive panel on staff that sat on that selection committee, and I
believe that they did their due diligence in evaluating the proposals
against the solicitation criteria that was established, and we brought
you a recommendation as such.
So, respectfully, I think the staff did do their homework, and it's
a very strong staff recommendation when you look at the actual
rankings.
COMMISSIONER LoCASTRO: I think my proposal would be
not that we pick one and say congratulations, boom, here's the keys,
but we say, you know, you're the front runner. We want you to do a
deeper dive. We want to see a contract that -- you know, I mean,
Commissioner Taylor's bringing up, you know, valid points,
obviously, that we want to see more of the numbers or whatnot. And
then if there's -- if we don't think it's as impressive or whatever, we
have two other companies that are on ice that are doing
something -- and maybe there's a better way to phrase it, but I think
that end result would be --
CHAIRMAN TAYLOR: Okay. Commissioner Saunders,
who I jumped over.
COMMISSIONER SAUNDERS: That's okay. No worries.
I'm going to make a motion. The motion is that we accept the
rankings of staff with Sports Facilities Management ranked No. 1,
Vieste ranked No. 2, and Sports Force Parks ranked No. 3; that staff
negotiate with the No. 1 ranked firm, come back with a contract at
our next meeting. If we take a look at that contract and we decide
that the percentage split is not what we deem appropriate, then we'll
October 26, 2021
Page 264
reject that and go to the second-ranked firm. That way we have all
the firms still kind of in play but we negotiate with one starting. But
my motion would be to start that negotiation with the
number-one-ranked firm.
COMMISSIONER LoCASTRO: I second that.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: I'll third it for a comment, if I
may, Commissioner Taylor.
CHAIRMAN TAYLOR: No. Commissioner Solis is first, and
then you will be second.
COMMISSIONER SOLIS: I'm done. I'll third it, though.
CHAIRMAN TAYLOR: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: I already thirded.
COMMISSIONER SOLIS: I'll fourth it.
COMMISSIONER McDANIEL: Okay. I would like to share
with you, just for your thoughts, one of the main things that we talked
about yesterday was shortening the time frame in the event that we're
not happy with what's been represented to us so that we're looking at
a considerably shorter time frame for poor experiences, if you will, in
the actual -- because we shortened the time frame for cancellation for
convenience to 90 days, so --
COMMISSIONER SAUNDERS: It's already -- that's already
in the proposal.
MR. CALLAHAN: That's in the current contract.
COMMISSIONER McDANIEL: So for you, if there are -- and
I'm just trying to -- because I know you have different thoughts about
how this is fixing to go. But that -- if those representations turn out
to not be factual, the proof will come out in the pudding in
production, performance, revenue, operations, the whole way across
the board.
CHAIRMAN TAYLOR: I'd like to see if the pro formas in the
October 26, 2021
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past match up to the actuals today. And if you allow me in this time
period to do this, to look at it, I'm happy to do the research.
COMMISSIONER SAUNDERS: Absolutely.
CHAIRMAN TAYLOR: Good. Thank you.
COMMISSIONER SAUNDERS: You've got two weeks to -- if
you want to collect data. And if it turns out that they have falsified
in some way what's occurred in other places --
CHAIRMAN TAYLOR: No, no.
COMMISSIONER SAUNDERS: -- then that would affect
going forward for the Board. But, yeah, have at it.
CHAIRMAN TAYLOR: And, again, this is not -- there's no
falsification. There's no falsification. It's just when you -- look, my
dad was a salesman. He taught me anything. He said, when you
walk into that room, you have your best suit on, you have your most
beautiful tie, your hair is perfect. You may not -- you may not sell
anything, but you look good and you get their attention. That's what
happened today. Let's see -- let's see if it's accurate.
COMMISSIONER LoCASTRO: What I would remind the
other two companies, we are in a time table. We're not trying to rush
to something, but we don't want to drag our feet. So if you want to
be sort of Company 1B, even though we're negotiating with the first
company, you know, be ready, because if we call you and say, you
know what, we just didn't -- you know, we got a cleaner contract
from Company 1, and it just wasn't as good as -- or aggressive as we
had thought, I don't think we want to hear from the next two
companies, oh, you know, we didn't really do anything, so, you
know, we'll get back with you in three weeks, because then I think
we'll skip over Company 2 and see if 3's ready.
So everybody's in play, but I think it's to our advantage now to
at least move forward with a company that we think, after today, is
the one that we should at least start negotiations with and see what it
October 26, 2021
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looks like on paper. That's what I would say. I think that's what
Commissioner Saunders is saying, too.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: And, Commissioner Taylor, I will
tell you -- and I was not going to get into this, but since it's not about
whose tie was the nicest for me or who was wearing the nicest suit, I
will just say -- because I think the one and two companies are -- I
mean, they're really competitive. One's got a big track record doing
exactly this. The other one is local; I like that. My only concern
was that one company, they're doing it, they're bringing it in. It's the
same model they've always done, and the other company is bringing
three parts that haven't been together, and that's always --
CHAIRMAN TAYLOR: A question mark.
COMMISSIONER SOLIS: -- unsure, yeah. I mean, it's -- if
there's -- it had nothing to do with the presentations. That was a
concern of mine, because, I mean, we're -- they're creating a joint
venture, which I understand you do many times, but I just -- we need
to move this thing forward. We need a long-term relationship, and I
don't think that -- you know, there's a little bit of unknown in that for
me, so...
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER SOLIS: It wasn't the tie.
COMMISSIONER SAUNDERS: Yeah, I agree it wasn't the
tie.
CHAIRMAN TAYLOR: You know what's fascinating, you,
sir, are an entrepreneur at this end, you, sir, are a political genius.
You have survived in this political world longer than anyone.
You --
COMMISSIONER LoCASTRO: I wouldn't say genius.
CHAIRMAN TAYLOR: You ran -- you ran bases. How
many, 7,000, you said, people?
October 26, 2021
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And, Commissioner Solis --
COMMISSIONER LoCASTRO: 50,000.
CHAIRMAN TAYLOR: -- what you do is you sit quietly and
you analyze and you --
COMMISSIONER SOLIS: I'm just thinking.
CHAIRMAN TAYLOR: -- sum it up. So, you know, I think
it's a great board to work with, and that's all I say. And we have a
motion on the floor and second.
MR. MILLER: Madam Chair, we do have public comment.
CHAIRMAN TAYLOR: Yes, we do.
MR. MILLER: I have two registered speakers. Sean Phillips,
and he will be followed by Bill Kramer.
CHAIRMAN TAYLOR: Go Naples.
MR. PHILLIPS: Good evening, everyone. Thank you for the
opportunity to speak before you.
So I heard a lot of great things here today, but when I took the
totality of all the proposals, I felt that Vieste came up on top for
numerous reasons. Their partnership with Ripken Baseball, with
Football University, and with 3STEP is just a huge opportunity for
our community.
That being said, as a stakeholder in the youth sports of this
community, I feel that the sports complex that we have is second to
none. I've traveled all over the country and been to venues such as
this, and that being said, I believe that Vieste is the company that's
second to none, and I'd love for you to consider that. Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: I'm sorry. Your next speaker is Bill Kramer.
MR. KRAMER: Best voice -- best voice ever right there.
Commissioners, Madam Chair, wow, I want to applaud your
tenacity. It's fourth quarter and you-all are going, and that's
awesome.
October 26, 2021
Page 268
And, staff, I've been here I don't know how many times the last
20 whatever years, and the staff's always so prepared and articulate
and just all over it. So kudos to all of you.
I'm also speaking on behalf of Vieste. I met Steve Quinn 20
whatever years ago. I encouraged him to get involved in youth
sports, and he did, and he parlayed that into owning FBU. That's
unbelievable.
I've watched him run combines behind the scenes as a consultant
to the Army. I went to the All American Bowl and got to see the
frontliners with social media, with the phone room, the -- all of it, and
that guy knows about running events and growing things.
I have had a chance to spend time with Michael Comparato, and
he's a local guy, too, and that's why I've been able to do that.
And there may be two quality groups here, but for me,
local -- family is everything. And someone talked about conflict of
interest for something. I'm talking about vested interest. Steve
Quinn and I talked about this 15 years ago. I'm here because I've
gone to the civic groups for a decade trying to convince people that
we need to have this sports park and it's worth our tax dollars. So
my reputation's on the line here, too.
With that, I'm casting my lot with the people that live here, that
coach our youth sports. I'm out at the complex once a week right
now with youth football.
CHAIRMAN TAYLOR: That's nice.
MR. KRAMER: I can tell you what it's like. And if anyone
thinks they're going to make money on the baseball anytime soon,
that is not the case. So make sure that's the same in all the
proposals, that's for sure. Or parking. There's a whole lot of
revenue streams that are not happening anytime soon. And if you go
out there, you'll see what I'm talking about. I'm sure all of you have
been.
October 26, 2021
Page 269
Again, I just want to thank you for your stamina, for doing what
you do, for serving like you do. We're going to make it
happen -- the truth is, the people that I know in this community, it's
going to be a success one way or the other. That's going to happen.
I think our best bet for success is Vieste. Thanks.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: And that was your final speaker, ma'am.
CHAIRMAN TAYLOR: Thank you very much. All right.
We have a motion on the floor and a second.
COMMISSIONER McDANIEL: And a third and a fourth.
CHAIRMAN TAYLOR: And it's to select the number -- to
confirm the staff's choice, their first choice, and then to put the other
two, I think you said, Commissioner LoCastro, on ice, which means
it's not --
COMMISSIONER LoCASTRO: On deck.
CHAIRMAN TAYLOR: -- it's not over till it's over.
COMMISSIONER LoCASTRO: You're on deck.
CHAIRMAN TAYLOR: In agreement, everyone? 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 #11A
AWARD INVITATION TO BID (“ITB”) NO. 21-7886,
October 26, 2021
Page 270
“PURCHASE OF 53 PORTABLE 3-PHASE GENERATORS,” TO
LJ POWER, INC., FOR A TOTAL CONTRACT AMOUNT OF
$3,893,506.22 AND AUTHORIZE THE CHAIR TO SIGN THE
ATTACHED AGREEMENT (PROJECT NO. 33667) – APPROVED
MR. CALLAHAN: That takes us to the final item on your
regular agenda today. Item 11A is a recommendation to award
Invitation to Bid No. 21-7886 which is purchase of 53 portal 3-phase
generators to LJ Power, Incorporated, for a total amount of
$3,893,506.22, and authorize the Chair to sign the attached
agreement. Mr. Tom Chmelik, your Public Utilities Engineering and
Project Management Division director, is going to bring us home
here.
COMMISSIONER SOLIS: Motion to approve.
CHAIRMAN TAYLOR: I'll second. And I apologize for
keeping staff so long. I do apologize.
MR. CHMELIK: Not a problem. Thank you, Commissioners.
CHAIRMAN TAYLOR: All those -- any other discussion?
(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.
Item #15
October 26, 2021
Page 271
STAFF AND COMMISSION GENERAL COMMUNICATION
MR. CALLAHAN: Madam Chair, that takes us to Item 15,
which is staff and commission general communications. Nothing
from staff at this time.
CHAIRMAN TAYLOR: County Attorney?
MR. KLATZKOW: Thank you, nothing.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Very quickly. One thing came up
at the TDC meeting yesterday. They would like to have a workshop
at the beginning of the year.
CHAIRMAN TAYLOR: I thought we were going to be in the
meeting with them next month.
COMMISSIONER SOLIS: What's on the agenda? They --
MR. CALLAHAN: I believe we left it at we were going to
discuss potentially going to a November meeting, and you were
going to bring it to the TDC at the meeting. I don't think we were
specific.
COMMISSIONER SOLIS: Right. I explained to them that we
had talked about having a separate workshop but that, you know, that
was going to be demanding on their time when the season was going
to start kicking in. They very much appreciated the idea of actually
having a workshop and would make the time to have a separate
workshop, so that's number one.
Number two, just to clarify for everybody that's of
interest -- that's interested in this one thing, we approved on the
consent agenda staff bringing back the short-term rental ordinance, so
that will be coming back when? Just so I have an understanding.
MR. KLATZKOW: It's got to be advertised. I would expect it
comes back at your next meeting, but sometimes with the
advertisement in the Naples Daily News --
October 26, 2021
Page 272
COMMISSIONER SOLIS: So it may roll to December?
MR. KLATZKOW: It might, but there's a substantial
probability it's your next meeting.
COMMISSIONER SOLIS: Okay, okay. And then, third, a
while back I had brought up the issue of establishing some rules of
procedure and things for meetings, and I'm wondering where
that -- staff was going to take a look at that. I'm hoping that's going
to be coming back on an agenda here soon.
MR. CALLAHAN: We've been looking at that, Commissioner,
and putting something together. We'll get on your calendar to roll
through it with you and get it calendared here shortly.
COMMISSIONER SOLIS: Okay. That's all I have. Thanks.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: We had a great prayer to start
this meeting, and I kept score. We did not have any acts of kindness,
so I want to give -- I want to mention one. No, I'm just kidding.
I want to throw a shout-out to the Collier Area Transit team and
Michelle Arnold. You know, much like we're having a hard time
right now getting school bus drivers, they've lost quite a few drivers
as well for our county buses, and she's really just done a great job
with her team going around the county and has had several
conferences with business owners and citizens and really trying to tell
the story of CAT and how they can use our transit system better.
She caught a lot of spears at the Marco City Council meeting
talking about the trolley, which those spears were totally
unwarranted. The City of Marco reached out to us for ideas. We
pitched an idea that a lot of the citizens didn't like, and they heard it
like the county was force feeding something on them, and Michelle
stood there very professionally. I watched the whole thing.
So if she's watching or if -- you know, just to her team, I just
want to say that they're really working hard. They were affected by
October 26, 2021
Page 273
COVID as well. But, you know, I just couldn't be more proud of the
instances where I've seen her and her team in action, especially in the
last about six weeks there's been quite a few things I've attended
where her and her team have pitched how people can use mass transit
better and how the county can make changes, even, to help
businesses and whatnot so we get better use out of our mass transit.
Thank you.
CHAIRMAN TAYLOR: Thank you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I'll do an act of kindness as
well. I want to thank John Mullins. He put together, along with our
lobbyist, Lisa Hurley, quite a few meetings that were very productive
with the Department of Veterans Affairs, with the Governor's Office,
and some other agencies. And I'll tell you, when you travel with
John, whether it's to Tallahassee or to Washington, your time is very
well spent. Everything's very well organized. So I want to thank
John publicly for that, so that's my act of kindness for today.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: One brief one. And I've
been approached by two different organizations with a proposition
that I need to get consensus from you to work with staff on. It isn't
anything that's going to come back forward, but there's a hazard that's
existent in all of our parking lot facilities, and that's the parking stops
where folks of age are hitting them and tripping. And the suggestion
is to enhance them, paint them, illuminate them in some form or
fashion, not -- and I just want to be very clear. The goal here is to
not impose upon parking lots any additional burden, but all -- going
forward all new, and then over time as redevelopment occurs if, in
fact, the consensus is there, to implement that type of a rule with
regard to the coloring of those parking stops, so...
CHAIRMAN TAYLOR: Is there any history on this that other
October 26, 2021
Page 274
communities have done that?
COMMISSIONER McDANIEL: Yes, there's an enormous
amount of history. I'm not going to wear you out with it right now.
CHAIRMAN TAYLOR: No.
COMMISSIONER McDANIEL: I'll bring that back. But I
just wanted your consensus to --
CHAIRMAN TAYLOR: Maybe give it to staff to see.
COMMISSIONER McDANIEL: Sean was looking at me a
little cross-eyed yesterday when I was talking about doing this, and I
said -- I'm joking about that, but I just want to make sure that you
folks are okay with this, and we'll bring it back probably after the
first of the year sometime.
CHAIRMAN TAYLOR: Okay. All right.
COMMISSIONER SAUNDERS: That sounds good.
CHAIRMAN TAYLOR: All right. And I have one -- I don't
know if it's an act of kindness, but Collier County is starting again
Against All Odds Award and that -- on November the 1st, Collier
County will begin accepting public nominations for the Against All
Odds Award which honors an individual who has overcome great
challenges, found a way to excel, and gives back through example
and deed to the Collier County community. So the nominations are
open. We've missed it a couple years for obvious reasons, but be
thinking or bring it to your communities. It's important.
COMMISSIONER McDANIEL: I have one more piece before
we go, and it's sad. I just got a message that our friend Phil
Brougham passed two days ago. Long-time member of our Parks
and Recs Advisory Board, and he passed away two days -- so keep
his family and such -- he was an enormous force in our community
with the enhancement of our park system, so just keep his family in
your prayers.
CHAIRMAN TAYLOR: Thank you. Thank you for that.
October 26, 2021
Page 275
And on that, we are adjourned.
*******
**** Commissioner Saunders moved, seconded by Commissioner
McDaniel and carried that the following item under the Consent and
Summary Agendas be approved and/or adopted****
Item #16A1
AMENDMENT TO THE CROSS-EASEMENT AGREEMENT
BETWEEN STROHL FAMILY, LLC, COLLIER COUNTY, AND
DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR
ACCESS AND DRAINAGE PURPOSES (COMPANION TO ITEM
#17C)
Item #16A2
RESOLUTION 2021-219: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
ARTESIA NAPLES, APPLICATION NUMBER AR-
4794/PL20110001784, ACCEPTANCE OF COUNTY
MAINTENANCE RESPONSIBILITY FOR TRACT “N” OF
ARTESIA NAPLES AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A3
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
October 26, 2021
Page 276
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR MANATEE COVE - PHASE 1A, PL20200001352 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 RANCH AT ORANGE BLOSSOM PHASE 3A,
PL20200000555 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 #16A5
RECORDING THE MINOR FINAL PLAT OF OYSTER HARBOR
AT FIDDLER’S CREEK PHASE 3B, APPLICATION NUMBER
PL20210001132
Item #16A6
RECORDING THE FINAL PLAT OF VALENCIA GOLF AND
COUNTRY CLUB – PHASE 2B, (APPLICATION NUMBER
PL20210000784) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
October 26, 2021
Page 277
Item #16A7
BUDGET AMENDMENT TO RECOGNIZE CARRY FORWARD
FOR PROJECTS WITHIN THE TRANSPORTATION
SUPPORTED GAS TAX FUND (313) AND TRANSPORTATION
& CDES CAPITAL FUND (310) IN THE AMOUNT OF
$469,217.98 (PROJECTS NOS. 60066, 60085, 60088, 69331, 69333,
69336, 69339, AND 69338)
Item #16A8
BUDGET AMENDMENT IN THE AMOUNT OF $1,333,776 TO
TRANSFER FUNDS WITHIN THE STORMWATER BOND
FUND (327) FROM RESERVES TO THE WEST GOODLETTE-
FRANK JOINT STORMWATER-SEWER PROJECT – PHASE 2
Item #16A9
CHANGE ORDER NO. 1 TO CONTRACT NUMBER 20-7710,
“PLANTATION ISLAND WATERWAYS PRE-DESIGN STUDY”
WITH ATKINS NORTH AMERICA INC. (PROJECT NUMBER
60238), TO EXTEND THE LENGTH OF THE CONTRACT BY 95
DAYS
Item #16A10
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 21-7857, “DESIGN-BUILD OF GOLDEN GATE PARKWAY
OVER SANTA BARBARA CANAL BRIDGE REPLACEMENT,”
TO THOMAS MARINE CONSTRUCTION, INC., IN THE
AMOUNT OF $3,527,500 AND AUTHORIZE THE CHAIR TO
October 26, 2021
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SIGN THE ATTACHED AGREEMENT (PROJECT NUMBER
66066)
Item #16A11
RELEASE OF A CODE ENFORCEMENT LIEN, WITH AN
ACCRUED VALUE OF $51,818.63, FOR PAYMENT OF
$2,118.63 IN THE CODE ENFORCEMENT ACTION TITLED
BOARD OF COUNTY COMMISSIONERS V. SYLVIE E.
NUTTEN, RELATING TO PROPERTY LOCATED AT 496
WILLET AVE, COLLIER COUNTY, FLORIDA
Item #16A12
RESOLUTION 2021-220: AFTER-THE-FACT SUBMITTAL OF
AN FY22 FEDERAL TRANSIT ADMINISTRATION SECTION
5311 AMERICAN RESCUE PLAN GRANT APPLICATION IN
THE AMOUNT OF $1,105,900 TO SUPPORT TRANSIT
OPERATIONS AND APPROVE THE ASSOCIATED
RESOLUTION
Item #16A13
COMPREHENSIVE OPERATIONAL ANALYSIS (COA) FOR
COLLIER AREA TRANSIT
Item #16A14
THIRD AMENDMENT TO CONTRACT NO. 18-7382 FOR
COLLIER AREA TRANSIT (CAT) FIXED ROUTE, DEMAND
RESPONSE, AND TRANSIT OPERATIONS MANAGEMENT
October 26, 2021
Page 279
SERVICES WITH MV CONTRACT TRANSPORTATION, INC.,
TO ALLOW FOR A RATE INCREASE TO ADDRESS STAFFING
SHORTAGES
Item #16A15
SUBMITTAL OF THE FY21 PROGRAM OF PROJECTS GRANT
APPLICATION TO THE FEDERAL TRANSIT
ADMINISTRATION 49 U.S.C. 5307/5339 FY21 FOR GRANT
FUNDS TO SUPPORT THE TRANSIT SYSTEM CAPITAL AND
OPERATING COSTS IN THE AMOUNT OF $3,387,188
THROUGH THE TRANSIT AWARD MANAGEMENT SYSTEM
AND ACCEPT THE AWARD AND AUTHORIZE ANY
NECESSARY BUDGET AMENDMENTS
Item #16A16
RECOMMENDATION TO DIRECT THE COUNTY ATTORNEY
TO ADVERTISE AN ORDINANCE FOR COLLIER COUNTY
SHORT-TERM VACATION RENTAL REGISTRATION
REQUIREMENTS, ESTABLISHING SHORT-TERM RENTAL
REGISTRATION REQUIREMENTS FOR OWNERS OF SHORT-
TERM VACATION RENTALS IN UNINCORPORATED
COLLIER COUNTY
Item #16A17
COUNTY MANAGER OR HIS DESIGNEE TO WORK WITH
THE COLLIER COUNTY TAX COLLECTOR AND PAY
AMOUNTS REQUIRED TO REDEEM TAX CERTIFICATES
ISSUED ON PROPERTY ACQUIRED AS NECESSARY FOR THE
October 26, 2021
Page 280
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168 FOR AN AMOUNT NOT TO EXCEED $10,000
Item #16A18
RECOMMENDATION TO APPROVE THE SELECTION
COMMITTEE’S RANKING FOR REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 21-7914,
“VERIFICATION TESTING SERVICES FOR VANDERBILT
BEACH ROAD EXTENSION,” AND AUTHORIZE STAFF TO
BEGIN CONTRACT NEGOTIATIONS WITH THE TOP-
RANKED FIRM, JOHNSON ENGINEERING, INC., SO THAT
STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR
THE BOARD’S CONSIDERATION AT A FUTURE MEETING
(PROJECT NO. 60168)
Item #16C1
AGREEMENT FOR SALE AND PURCHASE WITH GAIL
VARNEY, FOR 1.14 ACRES UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM AT A COST NOT
TO EXCEED $14,800
Item #16C2
AGREEMENT FOR SALE AND PURCHASE WITH GERI L.
STECKEL, TRUSTEE OF THE GERALDINE U. MCLAUGHLIN
TRUST, FOR 4.61 ACRES UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM AT A COST NOT
TO EXCEED $58,500
October 26, 2021
Page 281
Item #16C3
AGREEMENT FOR SALE AND PURCHASE WITH CARRIE L.
SETSER, LARRY V. SETSER, AND RUBY L. SETSER, FOR 5.0
ACRES UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM AT A COST NOT TO EXCEED
$63,400
Item #16C4
PURCHASE ORDER TO U.S. WATER SERVICES
CORPORATION, IN THE AMOUNT OF $561,270.71 UNDER
REQUEST FOR QUOTATION #19-7622-121.02, “WASTEWATER
PUMP STATION 121.02 REPAIR AND RENOVATIONS”
(PROJECT NUMBER 70240)
Item #16C5
EASEMENT TO LEE COUNTY ELECTRIC COOPERATIVE, INC
(LCEC). FOR INSTALLATION OF ELECTRIC FACILITIES TO
SERVICE THE CAXAMBAS PARK COMMUNITY CENTER ON
COUNTY-OWNED PROPERTY LOCATED ON MARCO
ISLAND
Item #16C6
SELECTION COMMITTEE’S RANKING FOR REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 21-7911, “DESIGN
SERVICES FOR COLLIER COUNTY MENTAL HEALTH
FACILITY" AND TO AUTHORIZE STAFF TO BEGIN
CONTRACT NEGOTIATIONS WITH THE TOP RANKED FIRM
October 26, 2021
Page 282
RG ARCHITECTS P.A, SO THAT A PROPOSED AGREEMENT
CAN BE BROUGHT BACK FOR THE BOARD’S
CONSIDERATION AT A FUTURE MEETING
Item #16C7
AWARD INVITATION TO BID (“ITB”) NO. 21-7912, “NCRWTP
CHEMICAL BULK TANK REPLACEMENT,” TO R2T, INC., IN
THE AMOUNT OF $519,556, AND AUTHORIZE THE CHAIR TO
SIGN THE ATTACHED CONSTRUCTION SERVICES
AGREEMENT (PROJECT #71066)
Item #16C8
BUDGET AMENDMENT IN THE AMOUNT OF $1,277,800
UTILIZING INFRASTRUCTURE SURTAX TO FUND THE
DESIGN AND CONSTRUCTION OF EMERGENCY MEDICAL
SERVICES (EMS) STATION 412 NORTH NAPLES (PROJECT
#55213)
Item #16D1
AFTER-THE-FACT AMENDMENT AND AN ATTESTATION
STATEMENT WITH AREA AGENCY ON RECOMMENDATION
TO APPROVE AN “AFTER-THE-FACT” AMENDMENT AND
AN ATTESTATION STATEMENT WITH THE AREA AGENCY
ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE
CARES EMERGENCY HOME ENERGY ASSISTANCE
PROGRAM FOR THE ELDERLY GRANT PROGRAM FOR
SERVICES FOR SENIORS TO DECREASE THE ALLOCATION
AND THE SUPPORTING BUDGET AMENDMENT
October 26, 2021
Page 283
Item #16D2
THE CHAIRPERSON TO SIGN THE SECOND AMENDMENT
BETWEEN COLLIER COUNTY AND NAMI COLLIER
COUNTY, INC., FOR THE ADMINISTRATION OF
EMERGENCY SOLUTIONS GRANT CARES ACT FUNDING
PROGRAM
Item #16D3
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
Item #16D4
ONE (1) RELEASE OF LIENS FOR FULL PAYMENT OF
$8,712.70 ($6,970.16 PLUS INTEREST), PURSUANT TO
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR OWNER-OCCUPIED
AFFORDABLE HOUSING DWELLINGS
Item #16D5
THE CHAIRPERSON TO SIGN NINE (9) MORTGAGE
SATISFACTIONS FOR THE STATE HOUSING INITIATIVES
PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF
$63,320 AND THE ASSOCIATED BUDGET AMENDMENTS
Item #16D6
October 26, 2021
Page 284
THE CHAIRPERSON TO SIGN TWO (2) STATE HOUSING
INITIATIVE PARTNERSHIP SPONSOR AGREEMENTS FOR
NEW CONSTRUCTION ASSISTANCE WITH FL STAR
CONSTRUCTION, LLC AND HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., AND FOLLOWING CONSTRUCTION
AND UPON SALE TO AN ELIGIBLE HOMEBUYER ALSO
APPROVE THE CHAIRPERSON TO RELEASE THE
SPONSOR’S PROMISSORY NOTE AND MORTGAGE
Item #16D7
A BUDGET AMENDMENT IN THE AMOUNT OF $195,003
REALLOCATING EXISTING PROJECT FUNDING AND
RESERVES FOR THE ANN OLESKY PARK SHORELINE
PROJECT AND MAKE THE FINDING THAT THE
EXPENDITURES PROMOTE TOURISM
Item #16D8
THE CHAIRPERSON TO SIGN THE SECOND GRANT
AGREEMENT AMENDMENT BETWEEN COLLIER COUNTY
AND THE FLORIDA DEPARTMENT OF STATE DIVISION OF
HISTORICAL RESOURCE FOR STRUCTURAL
STABILIZATION AND REHABILITATION OF THE HISTORIC
ROBERTS RANCH HOME AT THE IMMOKALEE PIONEER
MUSEUM AT ROBERTS RANCH
Item #16D9
THE CHAIRPERSON TO SIGN THE SECOND MODIFICATION
TO THE FLORIDA DEPARTMENT OF EMERGENCY
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Page 285
MANAGEMENT HAZARD MITIGATION GRANT #H0371
AGREEMENT, TO ACCEPT $25,949.57 IN ADDITIONAL
FUNDING
Item #16D10
EXTEND AGREEMENT NO. 14-6274, “PARKS AND
RECREATION ACTIVITY MANAGEMENT SOFTWARE
SOLUTION” WITH ACTIVE NETWORK LLC FOR A PERIOD
OF SIX (6) MONTHS OR UNTIL A NEW CONTRACT IS
AWARDED
Item #16D11
REPEAL AND REPLACE RESOLUTION NO. 87-200 TO
UPDATE AND MODERNIZE THE COLLECTIONS
MANAGEMENT POLICY FOR THE MUSEUM DIVISION
Item #16D12
ACCEPT A GRANT DONATION FROM AN AMERICAN
ENDOWMENT FOUNDATION DONOR ADVISED FUND IN
THE AMOUNT OF $250 FOR THE COLLIER COUNTY PUBLIC
LIBRARY MAIL-A-BOOK PROGRAM AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT
Item #16E1
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
October 26, 2021
Page 286
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16E2
REJECT A LATE PROPOSAL SUBMITTAL BY CLUB
CORP/BIGSHOTS FOR REQUEST FOR PROPOSAL
SOLICITATION #21-7924, “CONSTRUCTION MANAGER AT
RISK FOR THE GOLDEN GATE GOLF COURSE”
Item #16F1 - Continued from the September 28, 2021 and
October 12, 2021 BCC Meeting. Continued Indefinitely
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE AND AUTHORIZE THE
CHAIRMAN TO SIGN THE EXTENSION AND AMENDMENT
OF THE AGREEMENT WITH THE PARTNERSHIP FOR
COLLIER’S FUTURE ECONOMY, INC. (“PARTNERSHIP”) IN
CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC-
PRIVATE PARTNERSHIP DESIGNED TO ADVANCE THE
COUNTY’S ECONOMIC DEVELOPMENT EFFORTS
Item #16F2
THE CHAIRMAN TO SIGN A ONEYEAR EXTENSION TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND THE EARLY LEARNING COALITION OF SOUTHWEST
FLORIDA INC., TO PROVIDE LOCAL MATCH FUNDING IN
THE AMOUNT OF $75,000 IN FISCAL YEAR 2022
October 26, 2021
Page 287
Item #16F3
FY 2021 BUDGET AMENDMENTS TO TRANSFER FUNDS, IN
THE AMOUNT OF $65,000, WITHIN TOURIST DEVELOPMENT
FUNDS (183), (195) AND (758) TO FUND TRANSFERS TO THE
TAX COLLECTOR FOR ADMINISTRATIVE FEES RELATED
TO THE COLLECTION OF TOURIST DEVELOPMENT TAX
REVENUES
Item #16F4
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY
Item #16F5
RESOLUTION 2021-221: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FY21-22 ADOPTED BUDGET
Item #16F6
THIRD AMENDMENT TO THE LONG-TERM LEASE AND
OPERATING AGREEMENT FOR THE GOLF AND
ENTERTAINMENT COMPLEX (THE “LEASE”) WITH CC BSG
NAPLES, LLC (“BIGSHOTS”) TO EXTEND THE FINANCING
CONTINGENCY PERIOD – THROUGH NOVEMBER 30, 2021
TO COMPLETE THE LOAN CLOSING WITH THE LENDER
October 26, 2021
Page 288
Item #16J1
A BUDGET AMENDMENT TOTALING $177,700 FROM
GENERAL FUND (001) RESERVES TO THE CLERK OF THE
CIRCUIT COURT AND COMPTROLLER’S FUND (011) TO
COVER PURCHASE ORDERS FOR FURNITURE, ELECTRICAL
AND NETWORK SERVICES THAT WERE DELAYED TO THE
2022 FISCAL YEAR DUE TO SUPPLY ISSUES
Item #16J2
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN SEPTEMBER 30, 2021 AND
OCTOBER 13, 2021 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J3
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF OCTOBER 20,
2021
Item #16J4
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 21-7909,
“ARBITRAGE REBATE,” TO BLX GROUP LLC., WITH AN
October 26, 2021
Page 289
ESTIMATED ANNUAL FISCAL IMPACT OF $25,000.00, AND
AUTHORIZE THE CHAIR TO SIGN THE ATTACHED
AGREEMENT
Item #16K1
RESOLUTION 2021-222: APPOINT TWO MEMBERS TO THE
BAYSHORE/GATEWAY TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD - APPOINTING JOHN
STEVEN RIGSBEE W/TERM EXPIRING ON MAY 22, 2022 AND
KATHI KILBURN W/TERM EXPIRING ON MAY 22, 2024
Item #16K2
RESOLUTION 2021-223: REAPPOINT A MEMBER TO THE
VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY
COMMITTEE - REAPPOINTING MARK S. WEBER W/TERM
EXPIRING ON NOVEMBER 13, 2025
Item #16K3
RESOLUTION 2021-224: REAPPOINT A MEMBER TO THE
CONTRACTORS LICENSING BOARD - REAPPOINTING
PATRICK G. WHITE W/TERM EXPIRING ON OCTOBER 20,
2024
Item #16K4
RESOLUTION 2021-225: APPOINT THREE MEMBERS TO THE
BLACK AFFAIRS ADVISORY BOARD - APPOINTING
DARNELL JOHNSON, DEBORAH WILLIAMS, AND JEAN
October 26, 2021
Page 290
PAUL W/TERMS EXPIRING ON JUNE 25, 2025
Item #16K5
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$60,000 PLUS $20,087.01 IN STATUTORY ATTORNEY FEES
INCLUDING APPORTIONMENT FEES AND EXPERTS’ FEES
AND COSTS FOR THE TAKING OF PARCEL 1270RDUE
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K6
PAYMENT OF STATUTORY ATTORNEY’S FEES AND COSTS
PURSUANT TO SECTION 73.092, FLA. STAT. INCURRED BY
THE PROPERTY OWNER IN DEFENDING COLLIER
COUNTY’S EMINENT DOMAIN ACTION IN THE TOTAL
AMOUNT OF $9,686.80 FOR THE PROPOSED TAKING OF
PARCEL 1130FEE FOR THE VANDERBILT BEACH ROAD
EXTENSION, PROJECT NO. 60168
Item #17A - Continued from the October 12, 2021 BCC Meeting.
Further continued to the November 9, 2021 BCC
Meeting (Per Agenda Change Sheet)
RECOMMENDATION TO ADOPT 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
October 26, 2021
Page 291
AREA
Item #17B - Continued from the September 28, 2021 and October 12,
2021 BCC Meeting. Further continued to December 14,
2021 BCC Meeting (Per Agenda Change Sheet)
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENTS TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, RELATING TO THE
RURAL FRINGE MIXED USE DISTRICT RESTUDY AND
SPECIFICALLY AMENDING THE URBAN MIXED USE
DISTRICT, URBAN RESIDENTIAL FRINGE SUBDISTRICT
AND THE RURAL FRINGE MIXED USE DISTRICT OF THE
FUTURE LAND USE ELEMENT TO REQUIRE TRANSFER OF
DEVELOPMENT RIGHTS FOR COMPREHENSIVE PLAN
AMENDMENTS FOR INCREASED RESIDENTIAL DENSITY;
AMENDING THE URBAN MIXED USE DISTRICT, URBAN
RESIDENTIAL FRINGE SUBDISTRICT TO REMOVE THE
DENSITY BONUS CAP ON RESIDENTIAL IN-FILL AND
REMOVE THE REQUIREMENT TO USE TRANSFER OF
DEVELOPMENT RIGHTS WITHIN ONE MILE OF THE URBAN
BOUNDARY; AND AMENDING THE RURAL FRINGE MIXED
USE DISTRICT OF THE FUTURE LAND USE ELEMENT TO
CHANGE DEVELOPMENT STANDARDS AND
REQUIREMENTS, TO INCREASE DENSITY ON RECEIVING
LANDS LOCATED ALONG IMMOKALEE ROAD, INCREASE
DENSITY ON RECEIVING LANDS FOR AFFORDABLE
HOUSING, ADD TRANSFER OF DEVELOPMENT RIGHTS
CREDITS, ADD USES IN RECEIVING AREAS, AND ADD A
CONDITIONAL USE FOR RECREATION IN SENDING LANDS,
October 26, 2021
Page 292
AND TO AMEND DEVELOPMENT STANDARDS FOR RURAL
VILLAGES; AND CREATE THE BELLE MEADE HYDROLOGIC
ENHANCEMENT OVERLAY; AND FURTHERMORE
DIRECTING TRANSMITTAL OF THE AMENDMENTS TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
[PL20200002234]
Item #17C
ORDINANCE 2021-34: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 89-62, AS AMENDED, THE
SHOPPES AT SANTA BARBARA PLANNED UNIT
DEVELOPMENT BY ADDING DWELLING UNITS AS A
PERMITTED USE; BY AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM A
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
ZONING DISTRICT TO A MIXED-USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE SHOPPES AT SANTA
BARBARA MPUD, BY ALLOWING UP TO, WITH A MIX TO BE
DETERMINED BY MAXIMUM ALLOWABLE TRAFFIC
GENERATION, 150,000 SQUARE FEET OF COMMERCIAL
USES AND 242 DWELLING UNITS IN ADDITION TO THE
PREVIOUSLY APPROVED COMMERCIAL USES; BY ADDING
October 26, 2021
Page 293
DEVIATIONS, BY REVISING DEVELOPMENT STANDARDS
AND AMENDING THE MASTER PLAN. THE PROPERTY IS
LOCATED AT THE NORTHEAST QUADRANT OF SANTA
BARBARA AND DAVIS BOULEVARDS, IN SECTION 4,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF
18.1± ACRES: AND BY PROVIDING AN EFFECTIVE DATE
[PL20200002233] (COMPANION TO ITEM #16A1)
Item #17D
ORDINANCE 2021-35: ZONING PETITION - PL20190002850,
CREEKSIDE PUDA - AN ORDINANCE AMENDING
ORDINANCE NUMBER 2006-50, THE CREEKSIDE
COMMERCE PARK COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD), AS AMENDED, BY ADDING UP TO
300 MULTI-FAMILY RENTAL DWELLING UNITS AS A
PERMITTED USE IN THE BUSINESS DISTRICT; ADDING
RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING A
MAXIMUM HEIGHT OF 100 FEET; AND BY AMENDING THE
MASTER PLAN AND BY PROVIDING AN EFFECTIVE DATE.
THE SUBJECT MULTI-FAMILY PROPERTY IS IN THE
SOUTHEAST QUADRANT OF THE INTERSECTION OF
IMMOKALEE ROAD AND GOODLETTE FRANK ROAD,
CONSISTING OF 28.85± ACRES AND THE CPUD IS LOCATED
SOUTH OF IMMOKALEE ROAD AND BOTH EAST AND WEST
OF GOODLETTE FRANK ROAD IN SECTION 27, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
(COMPANION TO ITEM #17E)
Item #17E
October 26, 2021
Page 294
ORDINANCE 2021-36: AN ORDINANCE AMENDING
ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
SPECIFICALLY AMENDING THE FUTURE LAND USE
ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES
TO CREATE THE CREEKSIDE COMMERCE PARK EAST
MIXED-USE SUBDISTRICT BY CHANGING THE
DESIGNATION OF PROPERTY FROM URBANMIXED USE
DISTRICT, URBAN RESIDENTIAL SUBDISTRICT TO URBAN-
MIXED USE DISTRICT, CREEKSIDE COMMERCE PARK EAST
MIXED-USE SUBDISTRICT TO ALLOW 300 MULTI-FAMILY
RENTAL DWELLING UNITS IN ADDITION TO NON-
RESIDENTIAL USES. THE SUBJECT PROPERTY IS LOCATED
IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF
IMMOKALEE ROAD AND GOODLETTE FRANK ROAD IN
SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
CONSISTING OF 9.9± 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
(COMPANION TO ITEM #17D)
Item #17F
RESOLUTION 2021-226: PETITION VAC-PL20210000472, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE DRAINAGE
EASEMENTS, PUBLIC UTILITY EASEMENTS, ACCESS
EASEMENTS AND AVE MARIA UTILITY EASEMENTS
October 26, 2021
Page 295
LOCATED IN TRACT “U” OF AVE MARIA UNIT 17, AS
RECORDED IN PLAT BOOK 49, PAGE 17 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, IN SECTION 5,
TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA
Item #17G
ORDINANCE 2021-37: AN ORDINANCE TO AMEND
ORDINANCE 2018-04, AS AMENDED TO EXPAND THE
HALDEMAN CREEK MAINTENANCE DREDGING
MUNICIPAL SERVICE TAXING UNIT (MSTU) BOUNDARIES
OF THE UNIT TO INCLUDE TWO PARCELS WITHIN THE
COURTHOUSE SHADOW PLANNED UNIT DEVELOPMENT
Item #17H
ORDINANCE 2021-38: ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL (A) ZONING DISTRICT WITHIN THE
IMMOKALEE AREA OVERLAY AND THE WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-
1 THROUGH W-4 TO A MIXED-USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT WITHIN THE
IMMOKALEE AREA OVERLAY AND THE WELLFIELD RISK
October 26, 2021
Page 296
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-
1 THROUGH W-4 FOR THE PROJECT TO BE KNOWN AS
RCMA IMMOKALEE MPUD, TO ALLOW CONSTRUCTION OF
A 250 STUDENT CHILDCARE CENTER (PRE-SCHOOL), 700
STUDENT SCHOOL, COMMUNITY CENTER AND A
MAXIMUM OF 160 MULTI-FAMILY RESIDENTIAL
DWELLING UNITS ON PROPERTY LOCATED AT THE
NORTHWEST QUADRANT OF LAKE TRAFFORD ROAD AND
CARSON ROAD, IN SECTION 31, TOWNSHIP 46 SOUTH,
RANGE 29 EAST, CONSISTING OF 62.22± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE [PL20200001827]
Item #17I
ORDINANCE 2021-39: AN ORDINANCE AMENDING
ORDINANCE NUMBER 12-05, THE COMMUNITY SCHOOL OF
NAPLES COMMUNITY FACILITY PLANNED UNIT
DEVELOPMENT (CFPUD) TO ADD ACREAGE AND
RELOCATE PARKING; BY AMENDING ORDINANCE
NUMBER 2004-41, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF AN ADDITIONAL 3.95± ACRES OF
LAND ZONED RESIDENTIAL SINGLE FAMILY-3 (RSF-3) TO
THE COMMUNITY SCHOOL OF NAPLES CFPUD; BY
REVISING THE DEVELOPMENT STANDARDS; BY
AMENDING THE MASTER PLAN AND REVISING
DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED
ON THE WEST SIDE OF LIVINGSTON ROAD AND NORTH OF
PINE RIDGE ROAD IN SECTION 12, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING
October 26, 2021
OF 77± ACRES; AND BY PROVIDING AN EFFECTIVE DATE
fPL202100007311
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:22 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
S DISTRICTS UNDER ITS CONTROL
PL
PENNY AYLO , CHAIRMAN
ATTEST..'.
CRYSTAL K. KINZEL, CLERK
tA;/-WS,U....:No--f.i0.- 41
U I
Attest as to Chairman's 10'
signature only.
These minutes approved by the Board on Jain I I , 2,022- ,
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 297