BCC Minutes 11/09/2021 RNovember 9, 2021
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida November 9, 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:
Mark Isackson, County Manager
Sean Callahan, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court
Troy Miller, Communications & Customer Relations
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
November 09, 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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November 9, 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 Associate Pastor Daniel Hernandez of Parkway Life Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. October 12, 2021 - BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. Employee
B. Advisory Board Members
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C. Retirees
D. Employee of the Month
4. PROCLAMATIONS
A. Proclamation recognizing Jack Wert for his many years of outstanding
service in leading the tourism marketing efforts of Collier County.
B. Proclamation recognizing the high level of medical and dental care provided
by the Neighborhood Health Clinic to working low-income uninsured
Collier County adults since 1999. Commissioner Taylor will deliver the
proclamation to Dr. Leslie Lascheid, CEO, Neighborhood Health Clinic.
C. Proclamation recognizing the Saturday after Thanksgiving as Small
Business Saturday in Collier County by supporting the national effort
encouraging consumers to shop at local independently owned businesses on
Saturday, November 27, 2021. The proclamation will be mailed to the
Small Business Saturday Coalition.
D. Proclamation designating November 2021 as National Hospice and
Palliative Care Month in Collier County. The proclamation will be mailed
to Mark Beland, Community Liaison, Avow Hospice, Naples, Florida
E. Proclamation designating November 17 - 24, 2021, as Farm-City Week in
Collier County. The proclamation will be mailed to Cyndee Woolley,
President, Farm City BBQ of Collier County, Inc.
F. Proclamation designating November 14, 2021, as Diabetes Awareness Day
in Collier County. The proclamation will be mailed to Joe Balavage,
President, Diabetes Alliance Network.
G. Proclamation designating November 8 - 14, 2021, as Period Poverty
Awareness Week in Collier County. The proclamation will be mailed to
Susan Mainwaring, Alliance for Period Supplies of Southwest Florida.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for November
2021 to Shaw Gallery of Fine Art.
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6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to adopt an Ordinance establishing short-term rental
registration requirements for owners of short-term vacation rentals, six
months or less, in unincorporated Collier County at a rate of fifty dollars for
a one-time non-transferable fee. (All Districts)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to amend Ordinance 2008-68 establishing amplified sound
permit requirements and penalties in unincorporated Collier County. (All
Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve the award of Invitation to Negotiation #21-
7898, “Collier County Sports Complex Management,” to Sports Facilities
Management LLC and authorize the Chair to sign the attached agreement
(Sean Callahan, Deputy County Manager). (District 5)
B. Recommendation to approve the proposed Collier County State and Federal
Legislative and Administrative Priorities for 2022. (John Mullins, Director
of Communications, Government & Public Affairs) (All Districts)
C. Recommendation that the Board of County Commissioners further consider
a previous support resolution adopted by the Board approving the expansion
of the Collier Mosquito Control District. (John Mullins, Director of
Communications, Government & Public Affairs) (All Districts)
D. Recommendation to approve a Management Strategy for Collier County
Boat Ramp Parks to outline short-, intermediate-, and long-term elements
and include fee increases to support the strategy implementation. (Barry
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Williams, Parks and Recreation Director) (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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 final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Fronterra Phase 2A, PL20180003266 and authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
total amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 3)
2) Recommendation to approve final acceptance of the sewer utility
facilities for Springs at Hammock Cove Phase 4, PL20190002783,
and authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of $7,968.06 to the Project Engineer or the
Developer’s designated agent. (District 4)
3) Recommendation to approve final acceptance of the sewer utility
facilities and accept the conveyance of a portion of the sewer utility
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November 9, 2021
facilities for 2061 Sunshine Blvd., PL20210002229. (District 3)
4) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Brentwood Lakes Phase 1A, PL20200000350 and authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent. (District 5)
5) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water and sewer utility facilities for the PRH Medical Office
Building, PL20210001404. (District 5)
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 Isles of Collier Preserve Phase
16 (Application Number PL20210000695) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security. (District 4)
7) 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 Soluna, (Application Number
PL20210000514) approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security. (District 5)
8) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Terreno at Valencia Golf and
Country Club – Phase 1, (Application Number PL20200001880)
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
(District 5)
9) Recommendation to approve an Easement Use Agreement
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(Agreement) for Lot 83, The Lodgings of Wyndemere, Section One,
according to the plat thereof as recorded at Plat Book 13, Page 8 of
the public records of Collier County. (District 4)
10) Recommendation to approve and execute the attached Developer
Agreement associated with the land exchange of the County’s 3.7 +/-
acre parcel (less and except northern 0.6+/- acres), to be replaced with
the 5.0 +/- acre parcel owned by GM Advisors, LLC subject to the
terms and conditions specified in the Developer Agreement. (District
5)
11) Recommendation to approve the purchase of a property (Parcel
157FEE) required for maintenance of the Lake Kelly Outfall east of
Bayshore Drive with an estimated fiscal impact of $52,500 from
within the Stormwater Capital Improvement Fund (325) and approve
the required budget amendments. (Project No. 50169) (District 4)
12) Recommendation to award of Invitation to Bid No. 21-7906 “Peters
Avenue Sidewalk Project – Grant Funded” to Coastal Concrete
Products, LLC d/b/a Coastal Site Development in the amount of
$247,365.75 from within the Transportation Grant Fund (711) and
authorize the Chair to execute the attached construction services
agreement. (District 4)
13) Recommendation to authorize a budget amendment for the
Transportation Engineering Division in the amount of $6,891,474.66
to fund the remaining four (4) Infrastructure Sales Surtax Projects
under the Various Sidewalks Project category. (Project #60228)
(District 1, District 3, District 4, District 5)
14) Recommendation to authorize the necessary budget amendments to
reallocate funds, in the amount of $825,000, within the Growth
Management Department Stormwater Bond Fund (327). (All
Districts)
15) Recommendation to award Request for Professional Services No. 21-
7902, “Goodlette-Frank Stormwater & Ditch Improvements (Section
B)” to AIM Engineering & Surveying, Inc., in the total amount of
$674,360.23 from within the Stormwater Bond Fund (327), authorize
the Chair to sign the attached Agreement and approve the necessary
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budget amendments. (Project No. 60102) (District 4)
16) Recommendation to approve an Interlocal Agreement with the City of
Naples for a joint stormwater and water utility project for Brookside,
situated on Harbor Lane, Holiday Lane, and Harbor Place. (Project
No. 60195) (District 4)
17) Recommendation to approve a proposal from Humiston & Moore
Engineers for State required Annual Monitoring of Collier County
Beaches and Inlets for 2022 under Contract No. 18-7432-CZ and
make a recommendation to authorize the expenditure of tourist
development tax funds for a not to exceed amount of $170,460.00 and
make a finding that this expenditure promotes tourism. (All Districts)
18) Recommendation to approve a Work Order with Taylor Engineering,
Inc., to provide professional engineering services for the 2022 dune
planting and exotic vegetation removal project at Vanderbilt, Park
Shore, and Naples beaches for Time and Material in the amount of
$32,444 under Contract No. 18-7432-CZ, authorize the Chairman to
execute the work order for the proposed services and make a finding
that this item promotes tourism. (All Districts)
19) Recommendation to acknowledge an increase in the Collier
Metropolitan Planning Organization’s (MPO) Planning (PL) grant for
Fiscal Year (FY) 21/22 and authorize necessary budget amendments
in the amount of $80,988. (All Districts)
20) Recommendation to direct the County Attorney to advertise and bring
back for a Public Hearing an Ordinance establishing the 42nd Avenue
SE Municipal Service Taxing Unit (MSTU) with a maximum of five
(5) mills, for the repayment of funds in the amount of $72,231.00 used
to make emergency road repairs on 42nd Avenue SE. (District 5)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve a resolution and a Declaration of Right
of Way Easement for three County owned lots (1, 2, and 3) located on
Bayshore Dr. and Thomasson Drive to correct a 25 feet right of way
discrepancy. The total cost for this transaction will not to exceed the
cost of $40.00. (District 4)
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C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to execute “Subordination of County Utility
Interests” (Subordination Agreement) as requested by the Florida
Department of Transportation (FDOT) to comply with FDOT
easement requirements. (District 3)
2) Recommendation to award Invitation for Qualifications #21-7859,
Well Drilling, Testing, and Maintenance, to Southeast Drilling
Services, Layne Christensen Company, Wells & Water Systems, Inc.
and A.C. Shultes of Florida, and approve the attached agreements.
(District 1, District 2, District 3, District 5)
3) Recommendation to approve and authorize the Chair to sign the First
Amendment to Contract No. 19-7637, “Golden Gate City
Transmission Water Main Improvements Design,” with Johnson
Engineering, Inc., pertaining to the design of stormwater replacement
within Golden Gate City, in the amount of $305,760.00. (District 3)
4) Recommendation to award Request for Quotation (“RFQ”) No. 2108-
008, “NCRWTP Re-Roof (Areas 9,11,12,13,14) - 5 Roofs Total”
under Agreement No. 19-7539 for Roofing Replacement Contractors,
to FA Remodeling and Repairs, Inc., in the amount of $724,390.00
from within the Water Capital Fund (412). (Project #70118.1)
(District 5)
5) Recommendation to approve the selection committee’s ranking for
Request for Proposal (“RFP”) No. 21-7919-ST, “CMAR for Collier
County Mental Health Facility," and authorize staff to begin contract
negotiations with the top ranked firm, DeAngelis Diamond
Construction LLC, so that a proposed agreement can be brought back
for the Board’s consideration at a future meeting. (All Districts)
6) Recommendation to approve Standard Support Services and
Licensing Agreement No. 21-033-NS, for Integrated Point of
Sale/Vehicle Scale Software Management and Accounts Receivable
System, with Paradigm Software, LLC. (All Districts)
7) Recommendation to approve the selection committee’s final ranking
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for Request for Proposal (“RFP”) No. 21-7924, “CMAR for Golden
Gate Golf Course," and authorize staff to begin contract negotiations
with the top ranked firm Gates Group LLC d/b/a Gates Construction,
so that a proposed agreement can be brought back for the Board’s
consideration at a future meeting. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve two (2) Releases of Lien for full
payment of $52,503.72, pursuant to Agreement for Deferral of 100%
of Collier County Impact Fees for Owner-occupied Affordable
Housing Dwellings. (All Districts)
2) 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 $156,025 and the
associated Budget Amendments. (All Districts)
3) Recommendation to authorize a Budget Amendment recognizing
$3,157.43 in revenue received under the HOME Investment
Partnership Program. (All Districts)
4) Recommendation to approve two (2) substantial amendments to
Collier County's U.S Department of Housing and Urban Development
FY2019-2020 Annual Action Plan to reallocate Community
Development Block Grant-CV funding and HOME funding to
effectively implement federal grant-funded programs. (All Districts)
5) Recommendation to approve and authorize the Chairperson to sign the
Second Amendment between Collier County and The Shelter for
Abused Women & Children, Inc. for the administration of Emergency
Solutions Grant CARES Act Funding program. (All Districts)
6) Recommendation to award Invitation to Bid (“ITB”) #21-7908,
“Aquatic Facility Slide Flume Maintenance,” to 8 Blocks
Maintenance Co LLC d/b/a SlidePros, for annual aquatic slide flume
maintenance at County aquatic facility sites in the anticipated annual
amount of $63,205 from within the Parks and Recreation Capital Fund
(306). (All Districts)
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7) Recommendation to approve and authorize the Chairperson to sign the
second modification to the Florida Department of Emergency
Management Hazard Mitigation Grant #H0390 agreement, to accept
$34,193.13 in additional funding and authorize the associated budget
amendment. (All Districts)
8) Recommendation to approve and authorize the Chair to sign the
Second Amendment to Agreement No. 19-7500 between Collier
County and G.A. Food Services of Pinellas County, LLC d/b/a G.A.
Food Service for the Senior Food Program. (All Districts)
9) Recommendation to approve the "After-the-Fact" electronic submittal
of an FY21 Community Development Block Grant Coronavirus Relief
Funding grant application to the Florida Department of Economic
Opportunity in the amount of $981,067 for the design and
construction of a new Golden Gate Senior Center Facility. (All
Districts)
10) Recommendation to approve an Amended and Restated Lease
Agreement with MHP Bembridge, LLC and the associated Ground
Lease Non-Disturbance, Attornment and Estoppel Agreement with the
Florida Housing Finance Corporation, on County-owned property
located within the Bembridge PUD and authorize the necessary
Budget Amendment. (District 3)
11) Recommendations to enhance and provide additional space for the
concession and storage availability at Veteran's Community Park for
recreational organizations who provide services at this location.
(Fiscal Impact $18,000) (District 2)
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the purchase of Group Health
Reinsurance through SunLife in the estimated amount of $368,877
effective January 1, 2022. (All Districts)
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
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3) Recommendation to ratify Property, Casualty, Workers’
Compensation and Subrogation claim files settled and/or closed by the
Risk Management Division Director pursuant to Resolution 2004-15
for the fourth quarter of FY21. (All Districts)
4) Recommendation to approve Amendment #2 to Agreement No. 15-
6409, P25 Digital Radio System, with Communications International,
Inc. (All Districts)
5) Recommendation to accept the donation of a 53-foot semi-trailer from
the Florida Division of Emergency Management (FDEM), authorize
the Director to execute the associated Memorandum of Agreement
between the County and FDEM, and authorize the necessary budget
amendments in the estimated amount of $24,225 to refurbish the
trailer. (All Districts)
6) Recommendation to recognize carryforward on interest earned from
the period July 1, 2021 through August 31, 2021 earned by EMS
County Grant and appropriate funds for a total amount of $51.26. (All
Districts)
7) Recommendation to extend the debarment of Bradanna, Inc. for a
period not to exceed three (3) years. (All Districts)
8) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to award Invitation to Bid (“ITB”) No. 21-7916,
“Pelican Bay Median Landscaping Improvements,” to Leo Jr. Lawn
and Irrigation Services, LLC, in the amount of $154,223.30, authorize
the necessary budget amendment, and authorize the Chair to sign the
attached agreement. (District 2)
2) Recommendation to approve the use of Tourist Development Tax
Promotion Funds to support the upcoming December 2021 Kelleher
Firm Hoopfest up to $5,625 and make a finding that this expenditure
promote tourism. (All Districts)
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3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY21-22 Adopted Budget. (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)
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Chairman to execute
the attached Amendment for Extension of Public Transportation Grant
Agreement (PTGA) G0Z16 with the Florida Department of
Transportation to extend the end date of the Agreement for the
Security Enhancements at the Immokalee Regional Airport. (District
5)
2) Recommendation to approve the attached Change Order #1 to
Agreement No. 20-7784, “Immokalee Regional Airport Runway 18-
36 Rehabilitation - Grant Funded,” with Preferred Materials, Inc. to
increase the contract by $75,339.91, extend the construction schedule
by 79 days. (District 5)
3) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, adopts the attached Resolution approving the
proposed rate schedules for the Everglades Airpark, Immokalee
Regional Airport and Marco Island Executive Airport for 2022. (All
Districts)
4) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, authorize its Chairman to execute the Collier
County Airport Authority Standard Form Lease Agreement with Exec
Air Inc. of Naples dba ExecAir for aeronautical use office space at the
Marco Island Executive Airport. (District 1)
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to recognize Pamela Wilson, Growth Management
Department, Transportation Engineering Division as the October 2021
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Employee of the Month.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a Facility Use Agreement for Election
Day specific county-owned polling places. (All Districts)
2) Recommend that the Board of County Commissioners endorse the
United States Department of Justice and United States Department of
Treasury combined Equitable Sharing Agreement and Certification
through September 30, 2022. (All Districts)
3) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between October 14, 2021 and October 27, 2021 pursuant to
Florida Statute 136.06. (All Districts)
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of November
3, 2021. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint two members to the Contractors
Licensing Board. (All Districts)
2) Recommendation to appoint a member to the Animal Service
Advisory Board. (All Districts)
3) Recommendation to reappoint a member to the Immokalee
Beautification Advisory Committee. (District 5)
4) Recommendation to reappoint two members to the Building Board of
Adjustments & Appeals. (All Districts)
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November 9, 2021
5) Recommendation to approve a Stipulated Final Judgment in the
amount of $120,000 plus $27,573 in statutory attorney and experts’
fees and costs for the taking of Parcel 1208FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
6) Recommendation to approve a Stipulated Final Judgment in the
amount of $32,000 plus $13,835 in statutory attorney and experts’
fees and costs for the taking of Parcel 1195RDUE required for the
Vanderbilt Beach Road Extension Project No. 60168 (All Districts)
7) Recommendation to approve a Stipulated Final Judgment in the
amount of $66,250 plus $21,652.50 in statutory attorney fees
including experts’ fees and costs for the taking of Parcel 243RDUE
required for the Vanderbilt Beach Road Extension Project No. 60168.
(All Districts)
8) Recommendation to approve a Stipulated Final Judgment in the
amount of $19,000 plus $12,205.39 in statutory attorney fees,
apportionment fees, and experts’ fees and costs for the taking of
Parcel 1186RDUE required 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 and October
26, 2021 BCC Meeting Agendas. 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
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November 9, 2021
Redevelopment area. (All Districts)
B. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
FY21-22 Adopted Budget. (All Districts)
C. Recommendation to adopt an Ordinance ratifying and confirming Ordinance
Number 2021-11, which established Hyde Park Community Development
District 1, to acknowledge and correct a scrivener’s error related to the
Landowner’s Consent set forth in the Petition of Establishment. (District 5)
D. Recommendation to review and approve the 2021 combined Annual Update
and Inventory Report on Public Facilities and Schedule of Capital
Improvements as provided for in Section 6.02.02 of the Collier County Land
Development Code and Section 163.3177(3)(b), Florida Statutes and adopt a
Resolution that updates the 5-Year Capital Improvement Schedules.
(PL20210001270) (All Districts)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
November 9, 2021
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MR. ISACKSON: Commissioners, good morning.
Madam Chair, Commissioners, you have a live mic.
CHAIRMAN TAYLOR: Good morning, County Manager.
Good morning, Collier County. We have a special opportunity
today to recognize our veterans that have come to join us this
morning. But before we begin, I would like Mr. Weston to come to
the podium, please, because I'd like you to give us the invocation.
MR. WESTON: Thank you.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
CHAIRMAN TAYLOR: After that, I would like -- I'm sorry.
I don't remember your name, the lady.
Florence Mitchell, I would like you to lead -- Florence
Weinstein, I'd like you to lead us in the Pledge, please. So first we'll
have the invocation. All stand, please.
MR. WESTON: Well, as we used to say in the army, all
present and accounted for. So -- even airborne, sure. All right, you
guys.
Please bow your heads while I pray: Dear wise and loving
father, first let me say thank you on behalf of all who are gathered
here today. Thank you for your many and abundant blessings.
Thank you for life itself, for the measure of health we need to fulfill
our callings, for sustenance and for our friendship. Thank you for
the ability to be involved in useful work and for the honor of bearing
appropriate responsibilities.
Thanks as well for the freedom to embrace you or the freedom
to reject you. Thank you for loving us even so from your boundless
and gracious nature. In Jesus Christ I pray, amen.
November 9, 2021
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CHAIRMAN TAYLOR: Ms. Weinstein, if you would lead us.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN TAYLOR: We're going to just take a moment
and recognize our veterans here today. They have gathered -- they're
gathering all this week and last week, and I think the festivities
continue through the whole month of November.
If you don't mind -- and if you would stay seated, I would -- or if
you would stay in your seat or if you so feel like you would like to
come up to the podium, I'd like you to identify yourself and talk
about, you know, what part of the armed services that you served in,
please. And I think we'll start at this end right here.
MR. McVAY: My name is Joe McVay. I volunteered for the
Marines in 1965. Through the Induction Center, all the testing,
everything, at the end of the day, I made reference to what kind of an
allotment would I receive for my children. At that point in time, I
had three children. At the end of the day they said, Joe, you really
shouldn't be here, so they sent me home. And that's my military
history.
And now I'm a docent with the museum for over two years, and
I want to remain there for as long as I can.
CHAIRMAN TAYLOR: Thank you.
MR. McVAY: Thank you.
CHAIRMAN TAYLOR: Mr. Hinds.
MR. HINDS: My name is David Hinds. I served in the
Marine Corps in 1966 in Vietnam. And I am the president of the
Naples Military Museum for the last three years. And if anyone has
never been there, we are located at the Naples Airport right down
here on Airport-Pulling off of North Road. So I appreciate my
fellow docents showing up today for support and appreciate all the
veterans here.
We did bring a guest. He's 98 years old today. He's going to
November 9, 2021
Page 4
be a speaker. And me at 75, he says I'm the youngster of the group.
So I got a lot to look forward to. Thank you.
CHAIRMAN TAYLOR: Thank you.
MS. JOHNSON: Good morning. My name's Irene Johnson.
I'm a United States Air Force veteran. I also work for the Collier
County library, and I was in during 9/11. I worked at NORAD. If
you don't know what NORAD is, it's that mountain that is an Air
Force Base. It was a lot of fun. I can't tell all the secrets, so don't
ask me, okay.
But thank you very much for giving us appreciation today and to
all these wonderful men and women here that have served our
country.
CHAIRMAN TAYLOR: We're going to get you a microphone.
Let's pass it around.
MR. MITCHELL: Okay. Hello. I'm John Mitchell. I was
with the U.S. Navy. I enlisted late at 17 in 1945, and my service was
to drive ambulances for 10 to 12 hours a day and bring the wounded
and the first aid patients from the hospital ships and from the military
ships into various hospitals, most of which were civilian hospitals.
The military services had already used all their beds, so we would
drive around New York and preprogrammed, find hospitals that had a
few beds. And we couldn't drop all the people we had in the
ambulance at one spot. There weren't that many beds. So that was
a lot of fun at that time. And I thought -- I enjoyed it very much,
met a lot of veterans and lived through a lot of their experiences kind
of vicariously.
So thank you very much for having me.
CHAIRMAN TAYLOR: Thank you. Ms. Weinstein.
Ms. Weinstein, a lady never tells her age, but would you please
give your age.
MS. WEINSTEIN: Well, I'm 97.
November 9, 2021
Page 5
(Applause.)
MS. WEINSTEIN: You had to be 20 with your parents'
consent in order to go into the woman's Army Corps. It had
previously been the woman's auxiliary corps, but when it came a part
of the regular army, you had to be 20. I was 20 in 1944, and I was
just itching to get in because my father had been in the first world
war. So I worked in the message center, and did everything that I
possibly could, and here I am. And thank you very much.
CHAIRMAN TAYLOR: Thank you.
(Applause.)
MR. SANFORD: Good morning. Happy to be here. I'm
Jerry Sanford. I was in from 1956 to 1962 in the Navy. I was in
peacetime, because we all remember the Russians are coming, the
Russians are coming. So everybody was scared, the Cold War.
And I was stationed on a radar picket ship, which was an old
liberty ship used during World War II. They outfitted with all kinds
of sophisticated radar, and all we did bar back and forth. So I went
from Iceland to off the coast of Florida, and that was a terrible duty,
but they fed us good. But, anyway, it's great to be here, and God
bless all these veterans. Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MIDDLEMISS: Good morning, everyone, and thank you
very much for having us.
My name is Tom Middlemiss, and I was a member of the 77th
Infantry Division. It was a New York outfit. I spent six months in
active duty training at Fort Dix, New Jersey. It was strictly infantry.
My commitment was for six years. So I started in 1959 and
honorably discharged in -- July 30th, 1965.
I went from there to being a staff photographer with the New
York Daily News. And Jerry here, who was also a New York City
fireman, I knew him from New York because we crossed paths many
November 9, 2021
Page 6
times, and then we picked up our friendship after we came back to
Naples.
Thank you very much for having us. God bless the USA, and
God bless everyone here. Thank you.
CHAIRMAN TAYLOR: Thank you.
(Applause.)
MR. CORTWRIGHT: My name is Charles Cortwright, and I
was in the U.S. Naval Reserve.
In 1941, I was a freshman in college. Can you imagine
December 7th in a men's dormitory when the word went out the
Japanese has invaded Pearl Harbor? Bedlam set out. But I thank
you for the kind words today.
And I'm one of the lucky ones who served his country, and the
real heroes are still in North Africa, Europe, and the Islands of
Pacific.
I served on Okinawa and the Island of Okinawa and arrived 40
days after the battle which lasted 85 days. But they leveled the
island. And the job -- my job was to clean up the island getting
ready for the big war that never existed, the invasion of Japan.
So far we've had such an outstanding Military Museum set up by
Bobby McDonald and by Dave Hinds. All the volunteers were
outstanding. I served several years as a volunteer there, and I would
like to tell you that the visitors at our museum, Military Museum,
have so many stories to tell about their uncles and their aunts and
whoever it is that I felt that it was appreciation to me to listen to their
stories, too. I thank you very much.
(Applause.)
MR. WESTON: Good morning, I'm Kent Weston. Thank
you. I'm Kent Weston.
I served in the United States Army. I enlisted in 1966, spent
three years in the army as military police. The job was really
November 9, 2021
Page 7
entertaining in ways, especially being an AWOL hunter sometimes
and a traffic accident investigator. Stationed at Fort Polk, Louisiana,
for three years, and got to see a lot of Texas, Louisiana, Mississippi.
It was unbelievable how many people we had to go find. But it was
during the Vietnam War.
So, you know, we still had a job to do. And I -- it was -- it's
just an honor to serve with these people. I work at the museum.
And to tell you the truth, even though it was the Vietnam era, I would
do it all over again. I think it was -- it was worth it.
And thank you, fellows and ladies, for your service.
(Applause.)
MR. CONDOMINA: Hello. I am Danny Condomina. I
actually work for Growth Management Department.
I served between -- I enlisted in 2000, December of 2000. I
went into the army, and I was a part of the 82nd airborne 117th
calvary, deployed to Afghanistan and Iraq. And I just want to say it
is an honor being in this room with my brothers and sisters, and it
was -- I was proud to represent you all over there. One of the
scariest things over there is the scorpions and the spiders. I'm just
letting you know, I had to sit there every night worrying about those
things.
Other than that, I proudly served, and it was an honor to just
serve this country. Thank you.
(Applause.)
MR. McCARTHY: Hi. I'm Jack McCarthy. I was in in 1943
and got out in '46. So I spent all my time in the Pacific on LSTs.
That's large, slow targets. There are no roads in the Pacific. If you
got there, we brought you. We were the 18 Wheelers. And we
started off in New Guinea, Borneo, the Admiralties, Manis, Leyte,
Manila, all the way up through Japan. And I got out '46, so I'm
lucky to be here.
November 9, 2021
Page 8
CHAIRMAN TAYLOR: Thank you.
(Applause.)
MR. CORREALE: Hello, everybody. My name is Sonny
Correale. I was in the U.S. Army from 1956 to 1958. In basic
training I took medical training, medical school, to be a medic, and
when they shipped us out to England, when we got there -- it happens
a lot in the army -- the orders were screwed up, they were messed up.
They didn't need medics. They needed engineers, construction
workers. So I became an engineer, after all that medical training.
So, anyway, I served six months in England, and then we were
shipped to Germany and spent one year in Germany building Nike
pads, preparing roads, and bridges. And I was so happy to serve my
country, and I had a great experience for two years. So thank you
for having me today.
(Applause.)
CHAIRMAN TAYLOR: Thank you.
MR. MALZONE: Yeah. My name is Anthony Malzone. I
was a New York City police office drafted in '61. I was a flash
ranger attached to the 322nd artillery and discharged in '67. Thank
you very much for having me here.
(Applause.)
MR. BILLS: My name is Jack Bills. I was in the Army Air
Corps from 1944 to 1947, and nothing too big ever happened to me.
I was on a B17. We patrolled up and down the West Coast of
California and entertained a lot of gunnery students in Las Vegas.
And the only thing I can say, I hated sushi for about 50 years, but
now I love sushi. How you forgive and forget. I'm glad to see these
people here older than me.
(Applause.)
MR. TERSTEGGE: My name is Steven Terstegge, and
everybody knows me as Bear, Native American. I was in the Air
November 9, 2021
Page 9
Force from '66 to '78, the Navy from '78 to '81, and the Marines for
three months, so -- when I first went into the Navy, they didn't have a
ship to assign me to, so they put me in the third marine division for
three months, and then they finally assigned me to the USS Dixie.
And since I was living in North Dakota, I never saw the ship, because
they couldn't get it up the Red River.
And it's a pleasure to be here, and it's an honor to serve this
country and be in the middle of a bunch of vets. We're all brothers,
and thank you, everybody. Thanks for your service.
(Applause.)
CHAIRMAN TAYLOR: Thank you very much. I'd like to
read something here that -- Major General James Hammer Hartsell's
quote during a recent legislative presentation to Tallahassee. A
veteran is a person who, at some point in his or her life, wrote a blank
check made payable to the United States of America for amount up to
and including their life. We thank them for their selfless service and
sacrifice.
(Applause.)
CHAIRMAN TAYLOR: Thank you very much. And as it's
part of the presentation this morning, I'll briefly read about the Artist
of the Month. It happens to be a display from the Military Museum,
which is our Collier County Military Museum.
The museum honors all branches of the U.S. Military and is
dedicated to preserving the history of freedom and liberty through the
centuries of battle round the world. Over the past 10 years, the
Naples Military Museum volunteers have collected approximately
13,000 artifacts including military uniforms, weapons, maps, posters,
and photographs going back to the Revolutionary War.
Currently, the museum displays military memorabilia in Naples
City Hall, at NCH Downtown and North Naples hospitals. It is their
vision, as their collection grows, that an expanded location can be
November 9, 2021
Page 10
found providing space for this fitting tribute to our country's military
past.
Thank you very much again. Thank you so much for your
service.
(Applause.)
CHAIRMAN TAYLOR: And now I think we're going to go
to -- and if you would like to stay with us, you're welcome to. If
you'd like to leave, please feel you're not disturbing the meeting.
THE PHOTOGRAPHER: I'm going to take a picture.
CHAIRMAN TAYLOR: Oh, okay. Of all of them?
THE PHOTOGRAPHER: Yeah. Unless they want to get up.
I wouldn't want you to if you --
MR. SANFORD: Everybody get up and take a picture, come
on.
MR. MITCHELL: I'm okay if I got a gal like this holding me.
COMMISSIONER LoCASTRO: John, watch yourself over
there. Watch yourself.
MR. CONDOMINA: I'm glad I'm the oldest guy here.
(Applause.)
CHAIRMAN TAYLOR: County Manager, so we are now at
the approval of the agenda and the minutes, and the minutes are from
the regular, consent, and summary agenda, October 12th, 2021.
Item #2A
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
November 9, 2021
Page 11
MR. ISACKSON: Ma'am, maybe you'd like me to go through
the proposed agenda changes before you get to that?
CHAIRMAN TAYLOR: I sure would. That would be very
helpful.
MR. ISACKSON: Okay. Commissioners, good morning.
These are the proposed agenda changes for the board meeting of
November 9, 2021.
At Commissioner Solis' request, move Item 17D to 9B, which
was a recommendation to review and approve the 2021 combined
Annual Update and Inventory Report on public facilities and
schedule of capital improvements as provided for in Section 6.02.02
of the Collier County Land Development Code, Section
163.3177(3)(b), Florida Statutes, and adopt a resolution that updates
the five-year capital improvement schedule.
Commissioner Saunders has requested an add-on to -- it will be
10B. It's a recommendation to provide direction to the County
Manager regarding the property located at the southeast corner of
Santa Barbara Boulevard and Davis Boulevard.
Commissioner McDaniel is requesting that Item 16A20 be
moved to 11E. It's a recommendation to direct the County Attorney
to advertise and bring back for a public hearing an ordinance
establishing the 42nd Avenue Southeast Multiple Services Taxing
Unit, MSTU, with a maximum of five mills, for the repayment of the
funds in the amount of $72,231 which were used to make emergency
road repairs on 42nd Avenue Southeast.
The staff's request to continue Item 16C7 to the December 14,
2021, meeting. That's a recommendation to approve the selection
committee's final ranking for Request for Proposal No. 21-7924,
construction manager at risk for the Golden Gate Golf Course, and
authorize staff to begin contract negotiations with the top-ranked
firm, Gates Group, LLC, doing business as Gates Construction, so
November 9, 2021
Page 12
that a proposed agreement can be brought back for the Board's
consideration at a future meeting.
We're going to -- Commissioners, we're going to continue an
after-the-fact item, it's No. 3 from Item 16E8, to the December 14,
2021, meeting. That's a recommendation to approve the
administrative reports prepared by the Procurement Services Division
for change orders and other contractual modifications requiring
Board's approval.
At Commissioner Solis' request, to continue Item 17A to the
December 14, 2021, meeting; this item was continued on
October 12th and October 26th. It's a recommendation to adopt an
ordinance creating the Collier County Public Arts Committee to
advise the Board on all matters related to public art within the entire
unincorporated area of Collier County, including the
Bayshore/Gateway Triangle Community Redevelopment Area.
Ma'am, we have no time-certains today, and remember that our
court reporter breaks are at 10:30 and 2:50 this afternoon.
That's all the changes I have.
CHAIRMAN TAYLOR: Thank you very much. So if we can
go down the dais and see if there's any changes to the agenda, any
comments, and any ex parte.
Commissioner McDaniel, we'll start with you, sir.
COMMISSIONER McDANIEL: Yes, good morning. I have
no changes nor any ex parte.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: And I have no changes and
no ex parte on the consent agenda as well.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have no changes, no ex
parte, but I do have a question on something on the consent agenda,
so would it be appropriate to ask?
November 9, 2021
Page 13
CHAIRMAN TAYLOR: Yes, it is. Yes.
COMMISSIONER LoCASTRO: Okay. And it's really to you,
Mr. County Manager. First off, welcome back. Good to see you.
MR. ISACKSON: Thank you.
(Applause.)
COMMISSIONER LoCASTRO: It's good to see you. I mean,
Sean did an average job, but we're glad to see you back in the seat.
And I just wanted to make a comment on 16E2. And it's not to
throw rocks or spears or anything but just to make a notation, and
it's -- you know, on the consent agenda, it's just a one-liner talking
about approving an administrative report prepared by the
Procurement Services Division for some disposal of property, but if
you drill down into that -- into that notation, we're writing off quite a
bit of things that are missing and some expensive things; you know,
cameras, computers.
And we're a big company, you know, we're a big organization,
stuff disappears. There's also things we're writing off that are no
longer serviceable. So it's not just stuff that's been missing or stolen
or anything. But just to make a note, you know, people need to be
held accountable for these things. And it's great to just, you know,
sort of write it off.
And like I said, I'm not -- I'm making just more of a statement,
you know. I would like to see every year that list get smaller, not
bigger, and it looked like last year it was about the same size, almost
200 items. So just as a notation, you know, we should really take a
close look at that. And, yeah, you've got a rusty file cabinet, no
problem, and there's a bunch of those on the list. But then we have
some things that just say missing, missing, missing, missing, and it's
camera. You know, I wrote some things down here. Golf cart.
You know, and I'm sure there's stories behind a lot those, and maybe
it's not missing; maybe it's not viable, but I would just say as a team
November 9, 2021
Page 14
here, you know, holding people accountable for things that maybe
have found legs or they're just not being, you know, watched closely.
So I don't know if you have, you know, any comment on it or
anything, but --
MR. ISACKSON: The comment is we'll have a conversation
with Procurement.
COMMISSIONER LoCASTRO: Yes, sir. Absolutely. If
you look at the list that's attached, if you drill down, it's -- you know,
that's taxpayer dollars, but I have no other --
MR. ISACKSON: We'll make sure we follow up with the
Board on that.
COMMISSIONER LoCASTRO: Absolutely, yes, sir. Thank
you.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: No changes, no disclosures. I'll
just say that in terms of the AUIR, the reason I asked for that to be
put on the regular agenda is, you know, at least since I've been here,
we go through that every year, and I think it's one of the things
that -- for the public to understand how we kind of get us where we
are and maintain where we are, it's a really important thing that the
public know and understand that none of this is just pulling things out
of a hat or the county staff getting lucky on things working out well.
I mean, this is a -- we're one of the only counties, I think, that has this
process, and it's a really good process; it's how we set the level of
service for everything.
So thank you for the indulgence in going through that, but I
think it's a valuable exercise, and we ought to do that as long as we're
preparing an AUIR.
CHAIRMAN TAYLOR: Thank you. And no --
COMMISSIONER SOLIS: No disclosures, no changes.
CHAIRMAN TAYLOR: -- disclosures?
November 9, 2021
Page 15
I have two disclosures. 16A6, I had meetings. 16A7, I had
emails. And no changes to the agenda at this time; however, we do
have, I think, 13 or 15 folks that want to speak to the boat ramp issue
here sitting in the -- and they are commercial folks.
MR. ISACKSON: Ma'am, maybe we can ask Troy to clarify
that.
MR. MILLER: Yeah. I have four registered speakers for the
boat ramp item.
CHAIRMAN TAYLOR: Four registered speakers?
MR. MILLER: Yes.
CHAIRMAN TAYLOR: If you want to speak to this, you
probably need to register. If not, if you're just here for support, that's
fine, too.
MR. MILLER: Speaker slips are located in the hallway.
CHAIRMAN TAYLOR: Okay.
MR. ISACKSON: Troy, any speakers on the consent agenda?
MR. MILLER: Yes, sir. I was just going to remind the
chairman, we have a speaker for Item 16D11, Jessica Bergel.
CHAIRMAN TAYLOR: Well, let's just hang on for a second.
So let's just decide, do -- as we've got maybe 10 or 13 people sitting
here, although four just want to speak, they are commercial
folks -- we didn't have a time-certain on this agenda -- is it the will of
my colleagues to amend the agenda to hear this item first before we
go on with the rest of the agenda?
COMMISSIONER SAUNDERS: Sure.
COMMISSIONER LoCASTRO: Sure.
CHAIRMAN TAYLOR: Okay. So then you will be heard
right after we hear public comment. So thank you very much. So
the agenda is so amended. And do I hear a motion to accept the
agenda as amended?
MR. MILLER: Madam Chair, we still have the speaker on
November 9, 2021
Page 16
Item 16D11.
CHAIRMAN TAYLOR: Excuse me. I misunderstood. We
do have a speaker that's online or --
MR. MILLER: No, here in the room. Jessica Bergel on
consent agenda Item 16D11. Ms. Bergel, if you'll come up to the
podium.
MS. BERGEL: I wasn't expecting to be first.
Hi, I'm Jessica Bergel, back again from Naples Roller Hockey
League. I wanted to update everybody to let you know that we've
been meeting with people, Dan Rodriguez and Barry Williams, and
things are really moving well, and we're so happy that we finally got
a voice.
We haven't told our players yet what's going on, because we
don't want everybody to get upset and then disappointed if something
doesn't follow through. But we just wanted to say thank you. And I
wanted to say thank you. I know I don't have anybody here from our
group. Everybody's busy.
But I'm here, and I wanted to say thank you for -- especially to
you, Ms. Taylor, for being my advocate and helping us through this,
because we're getting a voice and we're getting a rink and our kids are
getting a better space and we're getting -- we're being able to store
things, and it's really moving along well.
And last week we had -- or two weekends ago we had a
tournament at the rink that brought 300 people to Collier County on
an average weekend. And with our concessions, when they come
back, and when we get a better-established place, we plan to do that
at least every month to bring people into Collier County and expose
them to roller hockey and have more teams, and this also provides for
our travel team that can -- that's already won national championships
to continue to have a home here in Collier County.
COMMISSIONER SAUNDERS: Great.
November 9, 2021
Page 17
MS. BERGEL: We just wanted to say thank you.
CHAIRMAN TAYLOR: Thank you for saying thank you.
MR. ISACKSON: Madam Chair, Commissioners, if you don't
mind, if I can get through the proclamations, we have Mr. Wert in the
audience to accept his proclamation.
CHAIRMAN TAYLOR: Okay. Excuse me, sir. We'll just
have a motion to accept the agenda --
COMMISSIONER SOLIS: So moved.
CHAIRMAN TAYLOR: -- as amended. 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.
I'm sorry to interrupt you, County Manager.
MR. ISACKSON: No, that's okay.
Proposed Agenda Changes
Board of County Commissioners Meeting
November 9, 2021
Move Item 17D to 9B: Recommendation to review and approve the 2021 combined Annual Update and
Inventory Report on Public Facilities and Schedule of Capital Improvements as provided for in Section
6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes and
adopt a Resolution that updates the 5-Year Capital Improvement Schedules. (PL20210001270) (All Districts)
(Commissioner Solis’ Request)
Add on Item 10B: Recommendation to provide direction to the County Manager regarding the property
located at the southeast corner of Santa Barbara Blvd and Davis Blvd (Taormina Reserve MPUD). (All
Districts) (Commissioner Saunders’ Request)
Move Item 16A20 to 11E: Recommendation to direct the County Attorney to advertise and bring back
for a Public Hearing an Ordinance establishing the 42nd Avenue SE Municipal Service Taxing Unit
(MSTU) with a maximum of five (5) mills, for the repayment of funds in the amount of $72,231.00 used to
make emergency road repairs on 42nd Avenue SE. (District 5) (Commissioner McDaniel’s Request)
Continue Item 16C7 to the December 14, 2021 BCC Meeting: Recommendation to approve the selection
committee’s final ranking for Request for Proposal (“RFP”) No. 21-7924, “CMAR for Golden Gate Golf
Course," and authorize staff to begin contract negotiations with the top ranked firm Gates Group LLC d/b/a
Gates Construction, so that a proposed agreement can be brought back for the Board’s consideration at a
future meeting. (All Districts) (Staff’s Request)
Continue After the Fact item #3 from Item 16E8 to the December 14, 2021 BCC Meeting: Recommendation
to approve the administrative reports prepared by the Procurement Services Division for change orders and
other contractual modifications requiring Board approval. (All Districts) (Staff’s Request)
Continue Item 17A to the December 14, 2021 BCC Meeting: *** This item has been continued from the
October 12, 2021 and October 26, 2021 BCC Meeting Agendas. *** 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 Solis’ Request)
To take place immediately after the approval of the agenda and minutes:
- Artist recognition, explanation of work on display;
- Recognition of any/all veterans at the BCC meeting, including those from outside organizations;
- Commissioner comments from the dais; inclusion of “Hammer” Hartsell’s quote (optional, below):
Florida Department of Veterans Affairs, Executive Director, Major General James “Hammer” Hartsell’s quote
during a recent legislative presentation in Tallahassee:
“A veteran is a person who, at some point in his or her life, wrote a blank check made payable to the
United States of America for an amount up to, and including, their life… we thank them for their selfless
service and sacrifice.”
Time Certain Items:
12/20/2021 2:26 PM
November 9, 2021
Page 18
Item #16H1
RECOGNIZING PAMELA WILSON, GROWTH MANAGEMENT
DEPARTMENT, TRANSPORTATION ENGINEERING DIVISION
AS THE OCTOBER 2021 EMPLOYEE OF THE MONTH – READ
INTO THE RECORD
The Employee of the Month for October is to recognize Pamela
Wilson in our Growth Management Department, Transportation and
Engineering Division, again, for the October 2021 Employee of the
Month. I believe her rewards and recognitions will be provided
off-line.
CHAIRMAN TAYLOR: Thank you.
Item #4
PROCLAMATIONS – READ INTO THE RECORD – ITEMS #4A,
#4B, #4C, #4D, #4E, #4F & #4G
MR. ISACKSON: The proclamations, I'd like to start with a
proclamation recognizing Mr. Jack Wert for his many years of
outstanding service in leading the tourism marketing efforts in Collier
County, and I think Commissioner Solis has the honor of reading
Mr. Wert's proclamation.
COMMISSIONER SOLIS: And I will, and thank you,
Mr. Manager.
And, you know, this is a wonderful opportunity to say thank you
to a great leader and a part of Collier County for 19 years, Jack Wert.
And I'll just read the proclamation but, you know, one of the things I
would like to say first is just to thank Jack for, really, the wisdom and
November 9, 2021
Page 19
the way he went about dealing with -- I mean, the things that we've
had to deal with at the TDC from red tide to hurricanes to a
pandemic, you know, it's been, I think, masterful in the way that he
was open to everything and new ideas, and that's real leadership. So
thank you, Jack. So let me read the proclamation.
Jack Wert was hired as Collier County's first tourism director
and sole employee in December of 2002 promising to grow the
operation over an employment commitment to the county of five
years. Nineteen years later, Jack Wert has retired from his role
leading an office of 10 employees, a portfolio of advertising and
marketing contractors, research firms, and international tourism
representatives; and,
Whereas, over the course of his employment, Jack and his team
of destination marketing professionals were responsible for attracting
a total of 30.97 million visitors to Collier County and the collection
of 348 million in tourist development taxes providing for an
economic impact of $29.7 billion benefiting the businesses and
residents of the county; and,
Whereas, under Jack Wert's coordination, the creation of the
internationally recognized Paradise Coast brand was developed; and,
Whereas, Jack Wert's steady leadership and professionalism has
guided our tourism recovery efforts through natural and economic
obstacles, including the Gulf oil spill, the Great Recession, red tide,
hurricanes, wildfires, Zika, and a coronavirus pandemic; and,
Whereas, during the pandemic, Jack Wert's efforts in marketing
and messaging the Paradise Pledge of local businesses' safety
protocols put Collier County on the fast track to tourism rebound and
helped to protect 45,000 jobs in the leisure and hospitality industry,
many at risk of temporary or permanent loss; and,
Whereas, Jack Wert has earned the opportunity to enjoy the
fruits of his labor to write a book imparting his wisdom to others to
November 9, 2021
Page 20
consult and advise a new generation of destination marketing
professionals and to renew his lapsed merchant marine captain's
license.
Now, therefore, the Board of County Commissioners of Collier
County, Florida, wishes to express its grateful appreciation to Jack
Wert for many years of outstanding service in leading the tourism
marketing efforts of Collier County, for being a brand himself as -- a
brand himself as a gentleman and constant professional, and for
making the Paradise Coast an international destination.
Thanks, Jack.
(Applause.)
MR. WERT: Commissioners, thank you so much. This is
truly a great honor for me to stand up here and hear about all those
things. When you put it all together, it really is quite a story. We
always work on week to week and month to month and maybe the
year. It's really interesting to hear the whole thing.
That's true, I was going to stay five years, and I had a lot of fun
all the way through it. Ended up to be about 19 years. And so it
really has been good. And as I look back over those 19 years, you
know, we started out with that staff of one. The first year's budget
was about $750,000. As you know, it's grown to several million
now because the visitation has truly grown.
At the time we started, the mandate was just promote the off
season. Season will take care of itself, and it did for a number of
years. But eventually, as we got into marketing the destination and
we hit those real challenges that you heard about in the proclamation,
things did slow down, and the industry really said, we need help even
in the high season.
So we started doing that. Borrowed a little money from the
summer campaign and put it toward season, and that really paid off.
And, truly, the rest of those statistics are the history of what
November 9, 2021
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happened. When we continued to add more promotion dollars to the
mix, we were able to expand from just talking to Floridians to really
talking to the world as we do today.
A question I've always asked myself, and I've asked my staff
this as well: Do we now and over the years have we made a
difference in this community? And I think the evidence really points
to a definite yes. We certainly grew the number of visitors and
spending in the area, but the thing I think I'm most proud of and we,
in general, in the tourism staff really are proud of the number of
families that those visitors and the spending they bring to our
community really do support. Those 45,000 families here in Collier
County really look to their livelihood from the visitors that do come
to our community and spend their hard-earned dollars. So that's
truly, truly important.
So we grew that visitation. We were less than a million that
first year. We're over two million. Now, those are just overnight
visitors that spend at least one night. It really doesn't count our
seasonal residents that come down and also spend great dollars here
and eventually they certainly buy property here and become full-time
residents.
Over those 19 years, we've really honed our skills, and we've
changed how we promote Collier County. As I said, we started just
with Florida, and now it's the world.
We were designated back in 2003 by a resolution by this County
Commission as the official destination marketing organization for
Collier County. We took that the next -- actually, in the next two
years and became an accredited tourism bureau, actually the very first
one in Florida to get that designation of an accredited destination
marketing organization.
We compete with visitors from all over the world. All these
destinations that have a beach, they're our competition, and we share
November 9, 2021
Page 22
visitation with them. Sometimes they come to us. Sometimes they
go to them. But we have to constantly be having a message out there
that truly says, come to Collier County. Enjoy Florida's Paradise
Coast.
A couple of things just to keep in mind as we move forward.
As I step away and Paul and our staff who are all here -- thank you so
much for being here and being supportive -- it's important to
remember that what we do is sales and marketing. That's our sole
purpose in being here is to help promote this county and bring people
here who, frankly, don't live here, and to spend their hard-earned
dollars.
Face-to-face selling opportunities, so important. That's why we
go to trade shows. It's important to make sure that we are there. If
we're not there, our competition is there. They're going to get that
business. That's just how travel works these days.
And professional development. So terribly important to the
fast-moving tourism industry throughout the world. We need to be
on top of our game all the time and know the best way to deliver that
right message at the right time and in the right format so that our
potential customers hear it.
The tourist development tax, that tax that funds everything that
we do, our operations, and all of our marketing and so forth. As I
said, it's paid for by people who don't live here. It's not our citizens
here that pay that tax, but they get the benefit of the visitation dollars
that these folks spend in our community.
And, in fact, that ends up not only helping to fuel the promotion
that we do, but it also saves our residents over $1,000 in taxes every
year. And they would not have that savings if we didn't bring those
visitors.
Another thing that's really great, we've found over the years, is
that our visitors are really loyal to us. About 60 percent of them are
November 9, 2021
Page 23
return visitors. The opposite of that is that we still have to replace
40 percent of the people who were here this month next year. We
either need to convince them to return or to find new and, for the
most part, we've done a really good job of kind of taking market
share from other destinations here in Florida.
So in closing, what I'd like to first and foremost say to the
commissioners, thank you so very much for all your support over the
years. It's truly been a privilege for me to serve this community in
this role. A big thanks to the Tourist Development Council and,
Commissioner Solis, for your chairmanship and for all of you
commissioners who have also served in that capacity; thank you for
your support. It really has meant a lot to our staff and, more
importantly, it really has paid off in some really wonderful growth
over the years.
I leave this role knowing things are better here in Collier
County. We've got more jobs, more prosperous tourism businesses,
more assistance to our citizens through the savings that we bring and
to the spending that we bring to businesses in Collier County. We
brought new hotels to the area. We brought new restaurants. We've
got a very thriving and continuously growing arts and culture
community. The shopping is second to none. The dining; we've
become a dining destination to people from all over the world. And
our eco adventures, honestly, are things that people who compete
with us are really envious of. Who else has the Everglades but us,
and we need to remember that.
And those things didn't just happen. It was a team effort, and it
comes from a dedicated group of professionals like we have here
whose sales and marketing experience has really brought us to where
we are today. There's certainly no me. There's no I. It's always
been we as a team did that, and I'm eternally grateful to having been a
part of that team. Thank you all for the best job I ever had. Thanks
November 9, 2021
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so much.
(Applause.)
COMMISSIONER SOLIS: Wait, wait. Should we have a
picture with Jack? Yeah. We have a plaque as well.
COMMISSIONER LoCASTRO: If you would have hit 20
years, you get a Rolex watch. Yeah, you really screwed that one up,
I tell you what.
MR. ISACKSON: Madam Chair, Commissioners, there are six
additional proclamations I'd like to recognize. They will be either
delivered or mailed to the recipients.
The first is a proclamation recognizing the high level of medical
and dental care provided by the Neighborhood Health Clinic to
working low-income uninsured Collier County adults since 1999.
Commissioner Taylor will deliver the proclamation to Dr. Leslie
Lascheid, CEO of the Neighborhood Health Clinic.
The next proclamation recognizes -- is recognizing the Saturday
after Thanksgiving as Small Business Saturday in Collier County by
supporting the national effort encouraging consumers to shop at local
independently owned businesses on Saturday, November 27th, 2021.
The proclamation will be mailed to the Small Business Saturday
Coalition.
The next proclamation designates November 2021 as National
Hospice and Palliative Care Month in Collier County. The
proclamation will be mailed to Mark Beland, community liaison for
Avow Hospice, Naples, Florida.
The next proclamation designates November 17th through the
24th, 2021, as Farm-City Week in Collier County. The proclamation
will be mailed to Cyndee Woolley, president of the Farm-City
Barbecue of Collier County, Incorporated.
The next proclamation designates November 14th, 2021, as
Diabetes Awareness Day in Collier County. The proclamation will
November 9, 2021
Page 25
be mailed to Joe Balavage, president of the Diabetes Alliance
Network.
The next proclamation designates November 8th through the
14th as Period Poverty Awareness Week in Collier County. The
proclamation will be mailed to Susan Mainwaring, Alliance for
Period Supplies of Southwest Florida.
CHAIRMAN TAYLOR: County Manager, with your
indulgence and with my colleagues' indulgence, we have some
representatives from Farm-City Barbecue here. And it's such an
important event for Collier County annual event. And I wonder if
we could just have a couple comments, if you'd like to come up and
speak to it.
Ms. Krier.
MS. KRIER: Thank you, Madam Chairman. For the record,
I'm Ellie Krier. I'm the executive director of Collier County Junior
Deputies, one of the charities who receives the funds raised at
Farm-City Barbecue.
It's important to note this is our 65th year celebrating Farm-City
Barbecue. It is a long-time tradition in our community, sharing
between the city and the county, alternating between city dwellers
and people who raise our food.
This year we're out at Robert's Ranch, which is a beautiful
Collier County Museum on the northeast side of Immokalee. We
urge you all to come -- most of you are serving, I believe; I hope. It
is just a remarkable part of our community. It's where we all kick
off our holiday season, and we hope you all will be there.
Thank you so much.
Item #2B
November 9, 2021
Page 26
OCTOBER 12, 2021 BCC MEETING MINUTES - APPROVED AS
PRESENTED
CHAIRMAN TAYLOR: Thank you, Ellie. Thank you.
So I was reminded that we did not make a motion -- take a
motion for the minutes, approve the minutes. So I'd like to see if
there's a motion to approve the minutes.
COMMISSIONER SOLIS: So moved.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN TAYLOR: We have a motion on the floor and a
second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
MR. ISACKSON: Madam Chairman, Commissioners, if we
can get through the presentations on 5A and then I believe we've
three speakers under Item 7, and then we would move to the boat
ramp, if that's acceptable to the Board.
CHAIRMAN TAYLOR: Yeah, that's fine.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR NOVEMBER 2021 TO SHAW GALLERY OF
FINE ART – PRESENTED
November 9, 2021
Page 27
MR. ISACKSON: Item 5A is a presentation of the Collier
County Business of the Month for November 2021 to Shaw Gallery
of Fine Art.
(A video was played as follows:)
MR. SHAW: Hi. My name is Jay Shaw, and this is my
beautiful wife, Marla Shaw.
First and foremost, we are very humbled and honored to be
presented with such a prestigious award, and we would love to thank
the Naples Chamber of Commerce and everybody who is involved in
honoring us with such a special award.
Here at our gallery and the way that we like to run our business,
we've been family owned and operated for 33 years, and we're still
family owned and operated today. And the people that work with
you and your team are what help you guide your business in the
direction that you want to go. And to make those dreams happen,
you have to have people around you. And I am very, very lucky,
and we are very honored to have my in-laws and her parents working
here with us at the gallery.
Anthony Jimo (phonetic), my father-in-law, is the director here
at the gallery. He handles a lot of very important things, and he does
a fantastic job. And my mother-in-law, Ann Marie is our research
and development coordinator, and she is constantly looking for new
innovations and new directions that our business can go, things like
wedding registries are, you know, one of the things that we're
working on. We're working on a financing plan for new collectors,
you know, that may not have the funds to go after the big things.
And so with my team, we've really been able to come up with a
plan, sit down, come up with a plan, figure out exactly what we want
to do, and we've just -- like a beautiful symbiotic relationship, we're
just working away together as a unit, and it's amazing what can
happen when you have that.
November 9, 2021
Page 28
We would both like to thank the commissioners from the bottom
of our hearts. You know, you're welcome to join us here at our
events. Please come through the door, say hi. Anytime you're
around, stop in and say hello.
We're also very honored and very excited to be a part of -- and
to own our business here in Collier County and in Naples. We've
been here for 33 years, and we're doing better than ever, and we plan
on being here for many, many, many more.
And it's a very special place to do business. It's a very active
and a very growing community and a very tight-knit community. I
always like to say Naples is like a small town without being a small
town. You'll run into people all the time that you see, and you shake
hands and say hello, and we're very honored to have our business
here, and we're very excited to see where the future will bring us and
where we'll go from here.
(Video concluded.)
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. ISACKSON: Commissioners, that brings us to Item 7,
public comments on general topics not on the current or future
agenda.
Troy, I think -- how many speakers?
MR. MILLER: We have three registered speakers for this item.
Your first speaker is Daija Hinajosa, and she will be followed by Dan
Cook.
MS. HINAJOSA: Good morning, Commissioners. For the
November 9, 2021
Page 29
record, my name is Daija Hinajosa, and today I'd actually like to use
my three minutes to speak about Agenda 21, which is the global
initiative from the United Nations. And I talked about this briefly
two weeks ago.
People don't really know about Agenda 21 or that it's called
sustainable development. And in my understanding, it's typically a
subject that is often silenced or dismissed. But this is really
important for the Board and for people here in this room and who are
watching to understand what sustainable development really means.
Agenda 21 has three tenets that I will briefly cover today. One
is social equity. This is to eliminate our national borders, giving up
your needs and wants for the collective, and capital ownership. So,
essentially, a business owner who owns a business has no say in
decision-making. They pay taxes, they're responsible for overhead
and expenses, but the employees are capital owners. They are the
ones who make decisions, and this can all be found online, too.
And economic prosperity. Replace a free market with
public/private partnership. This is the merge of power of economy
with the force of government. Large corporations will deal directly
with government and lobby for legislation that would inundate
smaller companies with regulations that they cannot keep up with.
And wealth redistribution, as I stated two weeks ago as well.
Ecological integrity. Nature over man. Our rights are
subordinate to the environmental needs.
Agenda 21 compromises our property rights. Private land
ownership is unsustainable, and the government can take property
through eminent domain.
In the Growth Management Plan, Agenda 21 is in there, but this
was adopted by the Board back in the '90s, so I wouldn't really expect
any one of you to know about this. Considering this, I think that it's
time that we put Agenda 21 out in the open and educate people on
November 9, 2021
Page 30
what this really means so that everyone has an opportunity to decide
if this is how we want to plan the growth of our county. If you are
interested, I can absolutely send you a PDF that was written by the
United Nations that I can email over to you.
There's nothing wrong with wanting to take care of the
economy, take care of our environment, but what is wrong is, just
like mandates, where there is no choice, there is tyranny. So I feel
like it's really important for everyone to research Agenda 21 and
sustainable development and find out what it truly means.
So thank you all very much and have a great day.
COMMISSIONER SAUNDERS: Just a quick question.
MS. HINAJOSA: Yes.
COMMISSIONER SAUNDERS: I think you said that Agenda
21 is in some plan adopted by this county in the '90s.
MS. HINAJOSA: Yes.
COMMISSIONER SAUNDERS: Do you have a reference to
that particular plan?
MS. HINAJOSA: It's in our Growth Management Plan. It's
the Future Land Use Element. It's -- I can say -- I can email it over
to you if you would like.
COMMISSIONER SAUNDERS: I'd like to see that, because
I'm not aware of --
MS. HINAJOSA: Absolutely.
COMMISSIONER SAUNDERS: -- the Commission -- and I
was not on the Commission, obviously, at that time. But I'm not
aware of that issue, Agenda 21, ever being discussed by anybody in
this county or the state, quite frankly, in the country, so I'm curious
about seeing that.
MS. HINAJOSA: Yeah, absolutely. I would love to send it to
you.
MR. MILLER: Madam Chair, first of all, I was incorrect.
November 9, 2021
Page 31
There are four speakers on public comment. Your next speaker is
Dan Cook. He'll be followed by Ty Vigil.
MR. COOK: Good morning, Madam Chair. Thank you.
So I would actually like to correct the record. Last week -- or
two weeks ago I spoke about something, and I misspoke, so I need to
correct myself.
I made some comments in response to -- I believe October 10th
the county said that it was -- and Collier County's going to recognize
China -- the Republic of China Day. I made some comments about a
different date in history, October 10th of 2009. I said on the record
that October 10th, 2009, was when the Articles of Freedom were
created, but I misspoke.
On October 10th, 2009, this is a little hidden -- piece of hidden
history -- was the day when there was a nationwide paper ballot
election of citizen delegates, and this was part of a nationwide
process to -- of exercising the First Amendment.
There was a group called We the People Foundation that had a
nationwide petition plan and served several members of Congress,
several Senators various petitions. And this is in regards to county
business. This was in 2009, a grievance process. And what took
place on October 10th, 2009, was, in fact, the election of citizen
delegates to convene as a modern-day Continental Congress. So the
Articles of Freedom is the document that came from this Continental
Congress.
So, for the record, what I was trying to make reference to was
the paper ballot election of citizen delegates on October 10th, 2009.
And I'll go ahead, since I have 90 seconds left, just brief, on this
document called the Articles of Freedom. I was one of the delegates
representing Florida, so I spent 10 days in St. Charles, Illinois,
participating with 108 other delegates representing 48 states, and the
purpose of this document called the Articles of Freedom was to do
November 9, 2021
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three things. One was to document various constitutional violations,
and this ranged from United Nations violating our sovereignty. It
ranged from the borders being opened. One of the other grievances
was the monetary system that our whole country is operating under
right now with the federal reserve.
So the purpose of the Articles of Freedom was to document
those grievances as well as lay out instructions that we as the
Continental Congress men and women thought would be the best way
to address those grievances.
The document also included recommendations for peaceful civic
actions by the people, and so I thought it would just be worth my
time and worth the community's time just to know about this
document, you know, whatever -- however you feel about it. You
know, we all have different, you know, political viewpoints and
whatnot, but I thought it would be important just to bring this piece of
hidden history up publicly. So I appreciate the time.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Ty Vigil. He'll be
followed by Lisa Hunsberger.
MR. VIGIL: Thank you, Madam Chair and respective Collier
County Commissioners, for a few minutes of your valuable time
today.
By way of introduction, my name is Ty Vigil. I'm a
commercial realtor by profession. South Florida has been my
homestead for over a half a century. I do remember a time when
Immokalee Road was vacant land, and for the last 25 years we've
seen substantial growth of units; coach homes, townhomes,
single-family, quadplexes, condominiums, apartment buildings,
mobile homes, assisted living. The product types have all been well
diversified.
Lennar Homes, Mattamy Homes, Pulte Home, Neal
November 9, 2021
Page 33
Communities, Toll Brothers, DR Horton, GL Homes, Ronto Group,
the plethora of apartment concepts have all participated in providing
a variety of unit product types.
Unfortunately, our public schools have been beyond capacity.
The data that presents itself encouraged Naples Christian Academy to
vacate their property on Golden Gate and Santa Barbara and move it
to Hodge's building. Collier Charter Academy, as we know,
launched a couple years ago off Wilson. And Naples Classical
Academy, as initiated this school year, has a waiting list of almost a
thousand children. And Mason Academy also purchased a large
building back behind the Bob Evans and subsequently introduced a
high school program. Despite these alternatives, Collier County
School District is burdened with excessive class sizes.
Retail and services have not been a priority in recent years.
Instead, zoning approvals for units were. We were delighted to
know that Collier County would purchase the Randall Curve property
in 2006. We thought, perhaps naively, that Collier County would
utilize this site for upgraded Fire Department, Code Enforcement,
Clerk of Courts office space, Clerk of Court's office. Perhaps CAT
substation, utility payment office, library, perhaps, like -- similar to
what we see in Orange Blossom and Airport, thinking of unique and
innovative ways to minimize vehicular flow on Immokalee Road.
With respect to the unanimous vote last session, I would
encourage the Board -- or this commission to revisit the zoning or,
excuse me, the value of the property. Zoning is a big deal. If we go
from soft commercial and residential play and we go into mixed use,
it's a big deal. It's a game changer.
And I'll give you a case in point and I'll leave this broker opinion
of value for your review, and you can assess it. But, similarly, at
Founders Square, 55 acres; Randall Curve, 55 acres; Founders
Square, two right outs and a signalized ingress/egress, same with
November 9, 2021
Page 34
Randall Curve.
Originally zoned agricultural. Originally zoned agricultural.
Founders Square sold for 30 million. Why are we selling ours for
3.5?
I'll refrain from the rest of my time. Thank you.
MR. MILLER: Your next speaker is Lisa Hunsberger. She'll
be followed by Richard Schroeder.
MS. HUNSBERGER: All right. Good morning, Board. I'd
like to take this opportunity to quickly touch on last week's meeting
where it was mentioned that -- it was actually indicated
that -- Commissioner LoCastro, you had stated that you were under
the impression that the David Lawrence Center employees were
given an option to wear a mask in lieu of the vaccine.
Myself and a colleague, who is also a former David Lawrence
Center employee, and Commissioner LoCastro, had the opportunity
to sit down and discuss what the mandate truly looked like. And
also please note, this is the mandate that came before the federal
mandate. This was back in August.
So Commissioner LoCastro shared that, you know, he made
calls. He followed up. And it was determined that optional
masking was not an option in lieu of the vaccine. So you had given
us the opportunity, myself and my colleague; we were able to provide
you copies of the vaccine mandates along with some other
information that I wanted you -- you know, myself and others wanted
you to be aware of and the Board as well.
So kind of more so what's going on in the climate and what the
employees are being faced with. And also I want to make it a point
to state that this isn't just David Lawrence Center, but it's a lot of
facilities that kind of took NCH's lead.
So the purpose of my speaking in front of the Board today is to
try to understand why such a mandate is acceptable when it's
November 9, 2021
Page 35
absolutely unnecessary. So, regardless of the county and
communities funding 1 percent or 100 percent of the community
facility, I feel it of utmost importance to thoroughly understand what
that entails. We can throw absurd amounts of money at a
community issue all day long, but without the right strategy, these
efforts are useless.
For time purposes, I kind of just want to move forward. So
overall, thank you for your time. I know I give you a hard time, but
as a veteran, I'm coming to you with my concerns and issues, so
thank you.
But, overall, I do have concerns that the Board of County
Commissioners as a whole might not be as informed as about what's
going on with funding and within David Lawrence as we would hope.
So -- quickly, so David Lawrence Center had monetarily
incentivized employees to get the COVID vaccine despite of it being
mandated as well back in August. So they were offering $100 gift
cards to employees who obtained their vaccine status. So simple
math says at approximately 320 employees at $100 each, that's
$32,000, plus there was also incentives for, once you were
vaccinated, you could enter to win $500 monetary gift cards. So this
is -- this is a big, significant amount of money.
So none of this is okay. And just, with my time, it truly feels
like these types of mandates are mirroring New York and California
policies, and I can't imagine that that's the vision we collectively hold
for Southwest Florida.
Thank you.
CHAIRMAN TAYLOR: Thank you. And I'm sorry, I didn't
want to interrupt you, but please identify yourself. Just give us on
the record your name, please.
MS. HUNSBERGER: Oh, my name is Lisa Hunsberger.
CHAIRMAN TAYLOR: Thank you very much.
November 9, 2021
Page 36
MS. HUNSBERGER: Yes.
MR. MILLER: Madam Chair, your final speaker under public
comment is Richard Schroeder.
DR. SCHROEDER: Dr. Richard Schroeder, retired
obstetrician/gynecologist.
Two weeks ago I called out the inaccuracies of a propaganda
piece published by a member of this body which encouraged people
to get the COVID injection. I concentrated on the statements
implying the shots were safe for pregnant women and children, which
they are not. I told the story of diethylstilbesterol given to pregnant
women which caused their daughters to have severe reproductive and
gynecologic problems.
Today I'm going to continue with a personal story from my
childhood, the thalidomide strategy which, in the 1950s, served to
insert the concept of teratogenicity or birth defects caused by drugs
into international consciousness.
Growing up in the small town of Vermillion, South Dakota,
which housed the university, I was used to being far from the national
attention, so it surprised me when my father came home one night
marveling that one of his fellow professors in another discipline, a
certain Dr. Frances Kelsey of the Pharmacology Department, had
made an earthshaking discovery. I was about 10 years old at that
time, so I had no idea what he was raving about, but it didn't take too
long for me to find out.
When pictures began appearing in newspapers of newborn
babies without hands, feet, arms, and legs, I realized that it was
Dr. Kelsey's research that had connected the dots between those birth
defects and the drug thalidomide, prescribed for morning sickness, at
that time mostly in Germany.
Soon Dr. Kelsey moved on to become the head of the Food and
Drug Administration in Washington, D.C., where she tirelessly
November 9, 2021
Page 37
worked successfully blocking FDA approval for thalidomide in the
United States. Although intensely pressured by Richardson-Merrell
and other drug companies, she stuck to her guns, and her persistence
at the FDA helped passed rigorous approval of regulations in 1962.
Sadly, those regulations have faded and are currently not being
followed in the least with our current FDA, a revolving door for
individuals with Pfizer interests, seven my last count, and the CDC, a
tool of a puppet master pharmaceutical industry. The injectable
experimental MRNA products are not -- being distributed as vaccines
have not only not been tested for teratogenicity, but case reports are
already pouring in about the early and late miscarriages.
As an example, a study by Thornley and Brock's published in
the New England Journal of Medicine calculated an 82 to 91 percent
risk of miscarriage for those vaccinated before 20 weeks gestation.
This should come as no surprise due to the already known association
between the shots and clotting at the microvascular level, which
could be expected to wreak havoc at the uteroplacental junction.
VAERS itself, the CDC data collector, already reports 2,433
fetal deaths from the injections. So our so-called regulatory agencies
have failed us miserably, so it's up to us at the local level to step up to
the plate and stop this nonsense now. The health and lives of our
children and grandchildren are at stake.
CHAIRMAN TAYLOR: Thank you.
(Applause.)
MR. MILLER: That was your final speakers under public
comment, ma'am.
CHAIRMAN TAYLOR: Thank you very much.
Item #11D
A MANAGEMENT STRATEGY FOR COLLIER COUNTY BOAT
November 9, 2021
Page 38
RAMP PARKS TO OUTLINE SHORT-, INTERMEDIATE-, AND
LONG-TERM ELEMENTS AND INCLUDE FEE INCREASES TO
SUPPORT THE STRATEGY IMPLEMENTATION – DISCUSSED
W/BOARD DIRECTION
MR. ISACKSON: Commissioners, that, at your pleasure, will
move us to Item 11D, which is a recommendation to approve a
management strategy for Collier County boat ramps, parks to outline
short-, intermediate-, and long-term elements and include fee
increases to support the strategy implementation.
Mr. Barry Williams, your Parks and Recreation director, will
present.
CHAIRMAN TAYLOR: Thank you.
MR. WILLIAMS: Commissioners, good morning. Barry
Williams, Parks and Recreation director.
Commissioners, I just wanted to start by saying you have
approximately two million visitors a year in your park system, and it
may seem at times that they're all coming to Caxambas, but that's not
the case.
But one of the things that we're looking at -- and throughout
your park system, you do have a variety of recreational amenities that
do get capacity at times. Certainly, the beaches, our athletic fields.
We've had a lot of good with the Paradise Coast allowing us to have
more athletic fields but currently our discussion this morning is to
talk about the boat ramps.
And so, you know, a couple of comments just before we provide
a presentation is we've looked at a number of issues that seem to have
occurred that have, you know, reached a crisis for us at Caxambas,
and I just wanted to briefly mention those.
One of the first things that we saw during the epidemic -- and I
want to say, you know, the Board was very supportive of the park
November 9, 2021
Page 39
system having open spaces open for the public, our boat ramps as
well. You know, that provided a large amount of relief for residents
who were isolated and, you know, a lot of people were able to enjoy
the waters, the park system, and still stay safe. But we also saw with
that, the East Coast in particular, the municipalities there and the
density, you know, they weren't as fortunate to maintain that policy.
And so we saw a lot of visitors that came to the East Coast and found
us, folks that had traditionally not used these facilities.
The other thing I'll mention, though, and it kind of speaks to,
you know, the commercial use of the facility, you have a tremendous
ecotourism business representation in Collier County. It's one of the
most pristine areas in the world for folks to enjoy.
Your commercial users that are providing support for this
business, this industry, you know, they're five star companies. If
you look at their Trip Advisor reports, if you look at social media, all
these companies provide a wonderful experience for the people who
come. And, you know, it's a very important part of what we provide
in Collier County.
The commercial users, for the most part, are very respective of
our environment. They're respective of the facilities. They work
with us as we ask them to consider alternatives. And the Parks and
Rec advisory board for the last couple of months has worked very
closely with that group to try to find that sweet spot. And that's
really what we're wanting to talk about this morning is to try to find
that sweet spot where we can continue commercial use but also make
what these ramps were intended to, and that's for recreational boaters.
And the recreational boaters and the boat ramp footprint that we
develop -- and we'll talk to you a little bit about the inventory that we
have -- for the most part, when they're created, they are created for
boat trailer parking. You do have some consideration for people
who park their cars but, really, it's about, you know, finding a place
November 9, 2021
Page 40
for the rig, the truck to park as people enjoy the waters.
So, you know, that's something that we're trying to reach. And
we've looked at a lot of municipalities around the state of Florida.
There are a lot of different ways that the municipalities are handling
this as Florida begins to fill up. This issue is throughout the coastal
counties, and we learned a lot about what folks were doing and not
doing, you know, to kind of correct this.
So the last thing I wanted to mention, though, before I turn it
over to our beach and water manager who will walk us through the
presentation, is there is a community center that was designed and
built at Caxambas. And I know a question might be asked, why
would we have done such a thing? And a very valid question.
And, you know, within your boat ramp facilities with the
county, you have a similar circumstance at Cocohatchee. We've
worked with the Coast Guard Auxiliary for multiple years at
Caxambas; we've worked with that group for about 25 years. They
first began using the park. We acquired a modular from the school
district. We bought that with them to provide them a space to use at
that location, and they provide an invaluable service. What they do,
as you're aware, is they provide for boater education, navigation of
local waters. They also work very closely with our Coast Guard in
search and rescue.
So they're an important part of our group. And what we found
at Cax in particular was that facility needed replacement. So we
looked at that. We looked to replace the existing modular. It was
cost prohibitive with FEMA and the regulations that are required now
in terms of building structures. To replace that modular with
another, it would have been -- it would cost us as much to build one.
So the decision was made to build a facility basically in the
same footprint that we have where we are now, but I think the biggest
difference for us is our location in a space that had been traditionally
November 9, 2021
Page 41
used for oversized vehicles. So that decision's been made. That
building is under construction. And so now what we're seeing, you
know, at that location, but others, is the need to look for that sweet
spot to try to find what can we do to provide -- to continue to support
commercial but also recognize that the footprints that we have, there's
limitations to capacities.
So with that, what I'd like to do is to stop and turn the
presentation over to Melissa Hennig. She's our beach and water
manager and has worked very closely with a lot of the users in
gathering data across the state as well, and we wanted to offer to you
this morning some recommendations that have come from our Parks
and Rec Advisory Board.
So with that, I'll turn it over to Melissa.
MS. HENNIG: Good morning. For the record, Melissa
Hennig, regional manager, Parks and Recreation.
So today -- let's see here -- the presentation will include a
summary of the boat park locations, the goal of the strategy, current
boat ramp management, the recommendation from the Parks
Advisory Board, and then we're going to be looking for the Board's
guidance and direction.
So here's a map of the seven boat ramp parks. This is finite.
This is what we have. So the plan is, we need to figure out at this
point a way to have a balance of recreational and commercial users,
which is our goal. At the same time, we need to comply with
existing laws and zoning, particularly as Barry stated, primary use
being recreational boating, but accessory use commercial.
COMMISSIONER LoCASTRO: Melissa, if you'd just go
back. I think Port of the Islands is also in District 1, the marina. It
says District 5 unless I'm -- because I mean, I spend a lot of time out
there, so if that's Commissioner McDaniel's district, then, Bill, you
got it. No, I'm just kidding.
November 9, 2021
Page 42
MS. HENNIG: No, it must be the map layer I have. I'll check
into that. Sorry about that.
COMMISSIONER LoCASTRO: So I just wanted to correct
the slide.
MS. HENNIG: Okay.
COMMISSIONER LoCASTRO: I'm sorry. Go ahead.
COMMISSIONER McDANIEL: Yeah, I'll take it all.
MS. HENNIG: You'll take it?
So just quickly, during season and on weekends and holidays,
we get a lot of vehicles without trailers that are parking -- trying to
park in parking in the different boat ramp parks, busy ramps and
docks, oversized trailers, multiple vendors, large-capacity vessels
and, like I said, there's only so much space. Also, just full parking
lots.
So, as Barry mentioned, visitation has increased. Particularly
over the last 10 years, it's increased 149 percent at the boat ramp
parks, but in the last three years the paid launches have increased
31 percent, and that increase is due partly to out-of-county users and
COVID and fishing bans from up north. They come down, and then
they can fish down here.
CHAIRMAN TAYLOR: Fishing -- what did you say, bands?
MS. HENNIG: Fishing bans. My apologies.
COMMISSIONER McDANIEL: Red tide.
MS. HENNIG: Red tide.
COMMISSIONER McDANIEL: Different seasons.
CHAIRMAN TAYLOR: Oh, fish --
MS. HENNIG: Yeah. It will close the seasons, and they can't
fish for certain fish.
CHAIRMAN TAYLOR: I won't tell you where my mind went
when I heard fishing bands, and I'm thinking music, and I'm thinking
that doesn't make sense. Thank you.
November 9, 2021
Page 43
MS. HENNIG: So the increases also do, as Barry stated, the
tourism -- ecotourism has boomed, and our current public boat ramp
parks were developed originally for recreational use. So there is
limited parking for single car parking. It's primarily trailer parking.
And the initial intent of the commercial-use permits issued by Parks
and Recreation was for the marine industry to access the ramps so
that they could do test launches of different boats. But as of now,
70 -- 76 percent of the commercial launch permits are issued for
ecotourism type companies.
So there's 363 total public trailer parking spaces, 180 total public
vehicle parking spaces in all of our parks. We've issued 180
commercial launch permits to date this year and 687 recreational
launch permits.
And here's just our current park management strategy, which
we've outgrown. So this is why we're looking at this. Right now
there is not a full-time presence at the boat ramps, county presence.
The park rangers do do rounds throughout the day, but there's no one
there full time. We do have vessel launch fees, $8 for motorized and
$4 nonmotorized. There's no parking fees at our boat ramp parks at
the moment. There is no limit on how many permits for commercial
or recreational launches are issued.
And the commercial permits are $100. And that -- they also
have to pay launch fees, and those all expire December 31st.
Recreational launch permits are also $100 for motorized; 50 for
nonmotorized annually, and they do not pay launch fees.
So to begin this conversation we did reach out to coastal. And
here's a map. The ones that aren't colored in, we couldn't get in
touch with, but for the most part, if you look at the red counties, they
do not allow commercial use at their ramps. Now, Miami-Dade and
also the City of Miami, they don't allow it at their ramps, but they do
allow commercial landing and loading at the docks. What they -- a
November 9, 2021
Page 44
lot of them do not allow is commercial parking, like, the guests of the
commercial, they cannot park there. They don't have the space.
Sarasota allows nonmotorized only. Lee, non-holiday Monday
through Friday at one ramp; Monroe, again, they don't allow
commercial guest parking, and they do put limits on weekends and
holidays for how many people come in. Broward, case by case.
Martin County, their board originally said, no, we don't want
commercial use, and then a year or two later they overturned that, so
they now allow commercial use. And I put the City of Napless there
just to mention that they do allow commercial landing, but none at
the launch.
The interesting thing when you reach out to all these counties,
they talked to me and they said, let us know what you guys do
because everyone seems to be coming up with the same issue where
it's just really popular.
So what we did, we did work with our Parks and Recreation
Advisory Board. And I'm going to show you their
recommendations, which contain three components, to help improve
things. Increase oversight, optimize parking, and identify and
develop additional facilities.
So as stated in the title of the executive summary, we're looking
at a short-term strategy, which would be this coming season;
intermediate strategy, which would be next season; and then
long-term which is after that. So, basically, this is an issue that's
been ongoing, so we want to kind of -- we know it's not going to be
fixed overnight, so we're strategizing.
So increase oversight in the short-term. PARAB did
recommend to staff Caxambas Park off season at this point with
existing staff during the weekends. Staff Caxambas in Goodland full
time using one FTE and additional contract labor in season, and then
weekends and holidays off season. Utilize a variable message board
November 9, 2021
Page 45
on Collier Boulevard to advise when Caxambas Park is full and
closed. That's a test to see if that helps.
So next season we would look to increase park
ranger -- full-time park rangers to allow for additional patrols at all
the other boat ramps and also Caxambas Park and Goodland Boating
Park. And, finally, long term, if the variable message board seems
to work, we would recommend installing a permanent variable
message board on Collier Boulevard.
The next component is to optimize parking. The
recommendation for short-term, which would be this coming
season -- and just bear with me. I was going to read all these.
Prohibit trailers carrying more than four motorized vessels from
parking in the boat ramp park but allow them to launch and leave.
Require commercial permit holders to encourage and promote
ridesharing or shuttling of commercial customers to boat ramp parks.
Limit the number of commercial launch permits to three per
company. Limit the number of total commercial launch permits
issued to 150 annually. Prohibit vessels that carry more than six
passengers from obtaining a commercial launch permit. Require
commercial permit holders to carry liability insurance indemnifying
Collier County. Prohibit commercial launch permit holders from
using a county park as their business address. Allow non-charter
commercial permit holders in the marine services and sales industry
to obtain one commercial permit that they can use with multiple
trailers.
Implement an escalating fee for the second and third commercial
launch permit that is issued to one company. Increase launch fees.
Increase annual recreational launch permit fees for non-Collier
County residents. Implement parking fee for vehicles without a
Collier County beach sticker at boat ramp parks.
This item here was a recommendation -- all of these were
November 9, 2021
Page 46
recommended by the Parks Advisory Board. This one, after
consulting with the County Attorney's Office, there are legal issues,
so we would have to revisit this. It's allow no new non-Collier
County companies to hold commercial launch permits until the total
non-Collier County commercial permits held is less than 10 percent
of total permits issued.
And the last two, seek commercial use and site plan
amendments at Caxambas Park, again, to increase the parking, and
seek new conditional use at Goodland for additional vehicle parking.
So that would be this coming season.
Next season we would want to reevaluate the regulations that are
put into place to commercial launch permits and adjust the
regulations as necessary and explore parking options at other boat
ramp parks like we would at Caxambas and Goodland.
Finally, continue to evaluate the regulations, any regulations that
might be put in place as we move forward.
Finally, identify and develop additional facilities. Right now
what we would do is identify and research possible sites for public
boat ramp access and parking facilities. We would continue to
research sites and try to identify funding sources as we move into
next year, and then long term acquire and develop sites for use for
public boat ramps or parking.
So here are just some examples of possible sites that were
brought to our attention by some public. This is near Goodland.
There's possible sites. There's also different ramps along different
roadways throughout the county that could be nonmotorized assess
points. And, finally, Bayview to continue to acquire and then also
develop areas for parking near Bayview.
So what we're going to ask now is that you adopt staff's
recommended boat ramp management strategy, which is pretty much
PARAB's recommended strategy, without the recommendation about
November 9, 2021
Page 47
the out-of-county permits, limiting the out-of-county permits.
And first would be the short-term recommendations.
CHAIRMAN TAYLOR: We are going to take a break at 10:30
sharp so -- and then we're going to have -- if you can hold your
questions until we come back. So are you getting ready to wrap this
up?
MS. HENNIG: Yes. That was all. I was just going to -- I
have a slide for each of the short-term, the intermediate, and the
long-term.
CHAIRMAN TAYLOR: I don't want to shortchange you here.
If you'd like to go through it, please, we have enough time for that.
MR. WILLIAMS: Commissioners, if we could, we do want to
revisit the three elements with each. I know you have speakers in
the audience. What we'd like to do, if it makes sense, if you did
have your break, we could go -- after you heard from speakers, we
could go and pursue our recommendations with you, if you'd like,
and just seek your direction on each of those. So that was kind of
what we thought.
CHAIRMAN TAYLOR: Okay. We do have one question
from the dais, so let's take -- why don't we get your --
COMMISSIONER SAUNDERS: I just need some
clarification. I may have written this down wrong, but it said on that
list of recommendations, limit commercial launches to three per
company, and then right below it it said limited to 150 launch
permits. I don't know what any of that means. When you say three
per company, is that three per company per day? And when you say
limit it to 150 launch permits, is that the total for the whole world?
MR. WILLIAMS: Yes, sir. That's the recommendation from
the advisory board. So it's 150 total annually. Each company --
COMMISSIONER SAUNDERS: For everybody?
MR. WILLIAMS: Each company would only -- would be
November 9, 2021
Page 48
limited to three. Most of your companies --
COMMISSIONER SAUNDERS: I'm sorry. That's three per
day or three total for the whole season?
MR. WILLIAMS: For the whole season. Three annual
permits. That would take you from January 1st to December 31st.
COMMISSIONER SAUNDERS: So maybe I'm
misunderstanding what an annual permit is. If a company has three
permits, does that mean they can only deliver three vehicles for the
entire year to a launch site?
MR. WILLIAMS: That's correct. So a permit, when it's
issued, it's applied to the trailer for the boat that's being given the
permit, and it would limit it to three of those instances.
COMMISSIONER SAUNDERS: So all of those folks would
be out of business, wouldn't they? I mean, if they can only do three
launches?
(Applause.)
MR. RODRIGUEZ: They can use that as much as they want
every day.
COMMISSIONER SAUNDERS: And then why 150? I just
don't understand those numbers at all.
MR. WILLIAMS: The thought was to try to put some cap on
it. Right now most of your companies that are involved will get one
permit. You have multiple companies that have more than one, then
you have some companies that have eight -- six to eight permits. So
you're trying to limit that to just three.
COMMISSIONER SAUNDERS: A company that has eight
permits -- I apologize --
CHAIRMAN TAYLOR: No, no, no.
COMMISSIONER SOLIS: Permits to run the boat out of the
ramp.
COMMISSIONER SAUNDERS: I'm confused. A company
November 9, 2021
Page 49
has eight permits. What does that mean?
MR. WILLIAMS: So they have eight rigs, eight trailers with a
permit each that gives them the right for $100 a year and $8 per
launch year-round to launch as much as they want, yes.
COMMISSIONER SAUNDERS: That particular company,
then, that has eight permits now would only have -- would they have
24, three times eight launches?
MR. WILLIAMS: So the thought was if they had eight
permits, you would reduce that to only allowing them to have three.
So they could only have three boat trailers that would be able to
launch year-round. They could launch as many times as they wanted
in that year.
COMMISSIONER SAUNDERS: That's what I'm trying to
understand.
MR. WILLIAMS: Yes, sir.
COMMISSIONER SAUNDERS: All right.
CHAIRMAN TAYLOR: And then, just a point of
clarification -- and I promise, Terri, we will break. The difference
between -- because it was explained a little differently to me in my
meeting with staff. The difference between the PARAB
recommendations and the staff recommendations is only about the
staff recommending that no more out-of-county permits be issued; is
that correct?
MR. WILLIAMS: That's correct. PARAB made that
recommendation in consulting with the County Attorney's Office.
There was a question, legally, could we restrict. And so we would
remove that one from consideration when we bring these all back in
front of you here in a few minutes.
CHAIRMAN TAYLOR: Okay, great. And I would like to ask
the County Attorney, because they do it in the city. Thank you very
much.
November 9, 2021
Page 50
We're going to break and come back in 10 minutes.
(A brief recess was had from 10:32 a.m. to 10:44 a.m.)
MR. ISACKSON: Madam Chair, Commissioners, you have a
live mic.
CHAIRMAN TAYLOR: Thank you very much.
So you would like to hear from public comment?
MR. WILLIAMS: Commissioner, it's your pleasure.
Certainly, we can go through the short-, intermediate, and long-term
recommendations and seek your direction, but if you wanted to listen
to the public comments, that may be useful for you.
CHAIRMAN TAYLOR: If that's okay with everyone, unless
we -- I don't see any questions here. I'd rather hear from public.
COMMISSIONER LoCASTRO: I mean, something I wanted
you to say, but I think I'm going to say it just for the sake of the
crowd. So Caxambas is, obviously, under the microscope because in
some of the other parks we're not busting out at the seams. But the
one thing I want to just clarify, and it's in all the reading documents,
so this isn't unknown to the commissioners, but I want to get this on
the record is, we fall under Marco Island zoning ordinances at
Caxambas. And Caxambas Park has always been zoned to not have
commercial business. There actually -- I was told by some citizens
there used to be a sign there that said, no commercial vehicles beyond
this point and somebody stole it or something.
But the reality is, the businesses have been operating out there
for many, many years. So regardless of how old that ordinance is
and whatnot, when I spoke before the Marco City Council and said
how important our businesses are out there to Caxambas, even some
citizens who don't feel the businesses are as important and they
should honor the zoning ordinance -- in part of my presentation I
said, some of you are the first ones, when your grandchildren visit,
wonder where you can rent a jet ski or where you can go shelling.
November 9, 2021
Page 51
These business owners bring an amazing -- have amazing businesses
and bring people to the island. And, you know, we want to do
everything humanly possible to keep the businesses at Caxambas.
The reality is, when I spoke before the Marco City Council, they
backed off and basically challenged us to come up with some
recommendations. I mean, a lot of these recommendations here are
really almost specifically for Caxambas. You'll pull the trigger on
them at other parks, and they'll make some improvement, but a lot of
these -- you know, correct me if I'm wrong, Barry, but the
alternative -- and I know we're going to hear from business owners
and, you know, you guys know that I've been fighting for you-all and
trying to figure out where the sweet spot is.
But remember, the alternative is everybody will be out of
business at Caxambas if Marco sees that we can't figure out. And if
you remember, when I spoke at the last city council meeting, every
Marco City Council person said, Commissioner LoCastro, we think
this is your problem to solve. We support the businesses out there.
But I will tell you their final sentences to me were, if you can't make
it better and it continues to be the wild west show and it's unsafe and
all the other things that we're having, we can't make the park bigger.
So it's easy to say, well, find parking, find trailer parking, but
remember the alternative at Caxambas, which is different from all the
other parks, is we're under Marco zoning ordinance, and that is for
zero businesses there but, you know, they've never enforced it, but
they're thinking about enforcing it if we can't do something there.
So I just wanted to, you know, preface that, because Caxambas
is different than these other parks. These other parks we can decide
what we want to do and move forward. Caxambas, we're trying to
find that sweet spot before the citizens race to all the City Council
members and try to enforce that ordinance, which is something that I
don't support, so -- you know.
November 9, 2021
Page 52
CHAIRMAN TAYLOR: Okay. So let's hear from public
comment. How many speakers do we have?
MR. MILLER: We have eight registered speakers for this item,
Madam Chair. Your first speaker is Christian Spencer followed by
Josh Erickson. I'd like to remind the speakers we have two podiums.
If you'll queue up at both podiums, we'll move long.
CHAIRMAN TAYLOR: You have three minutes. There's a
little buzzer in front of you. Don't let it --
MR. MILLER: Yeah. There will be a beep at 30 seconds, by
the way.
MR. SPENCER: In terms of what you just said --
CHAIRMAN TAYLOR: Would you please identify yourself.
MR. SPENCER: Oh, my name's Christian Spencer.
CHAIRMAN TAYLOR: Thank you.
MR. SPENCER: Rick, you said you can't make the park
bigger. I totally agree with that. But, you know, we do have that
zone that's shut off. Personally I feel like that's the only solution that
we have.
CHAIRMAN TAYLOR: With all due respect to the speakers,
and we'll -- if you'd address the Chair, not address individual
commissioners.
MR. SPENCER: I'm sorry.
CHAIRMAN TAYLOR: No, no, that's fine. Just, please.
MR. SPENCER: So, yeah. The -- you know, there's a large
empty space where the, you know, new Coast Guard building is. I
think the only solution for the parking problem is to create parking
where there's empty space. You know, that's really the only solution
that there is. So I think that we should focus on that.
Meeting after meeting nobody brings up what we're going to do
to develop, you know, the -- that area that's filled with empty space
and, like I said, I think that's the only solution there is.
November 9, 2021
Page 53
And it amazes me that meeting after meeting nobody's talking
about it. Nobody's talking about how many spots are going to be put
there. And, you know, the building's up already. I think, Dan, you
said it's going to be another 12 months before it's finished last time.
You know, I think that's, you know, a little crazy being that the
structure is completely up, you know. So I think that we just have to
look at that -- making more parking in that new space.
CHAIRMAN TAYLOR: So your -- your comment being on
the water is that the issue is parking?
MR. SPENCER: Yeah. The overcrowding's due to the
parking.
CHAIRMAN TAYLOR: Okay.
MR. SPENCER: There's a lot of space that -- you know, in the
new -- where they put the new Coast Guard building up, there's a lot
of empty space, and there's no site plan or, you know, anything being
done to put parking there to relieve the congestion. And all these
other -- all the other recommendations, they don't relieve any of the
congestion. The only thing that will relieve congestion is making
more parking.
You know, they're talking about turning the jet ski trailers from
six jet ski trailers to four jet ski trailers; that's just going to add to the
congestion. Instead of one truck being down there with six jet ski,
every jet ski company is going to be down there with two trucks
every day. So it's just making the problem worse.
CHAIRMAN TAYLOR: And are you a commercial --
MR. SPENCER: Yeah.
CHAIRMAN TAYLOR: -- or a recreational boater?
MR. SPENCER: I'm commercial, yeah.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is John Erickson. He'll be
followed by Jesse Karen.
November 9, 2021
Page 54
MR. ERICKSON: Good morning, Board. And to clarify, it's
Josh Erickson.
MR. MILLER: I'm sorry, sir.
MR. ERICKSON: No worries.
My name's Josh Erickson. I'm a local year-round resident and
property owner and business owner here in Collier County.
One of the things I want to talk about today in particular is the
fifth bullet under optimized parking. In there it says that they will
prohibit vessels carrying more than six passengers from obtaining
commercial launch permits. I feel this is counterproductive to the
goal of what the Parks Advisory Board has recommended.
I've been operating out of the parks for the past 13 years as a
captain and seven years as a business owner. I've seen a drastic
increase in the overall demand for parking at the local ramps, and I
understand the difficult position that the Board and the county's
facing.
One of the things that I want to point out is the safety aspect.
So a lot of people don't understand that there's two types of vessels
that operate commercially: Inspected and uninspected. Inspected
vessels are those vessels inspected by United States Coast Guard that
are legally allowed to carry more than six people. These vessels go
through a gamut of rigorous inspections, including haul inspections,
crew proficiency and safety inspections, both annually, biannually,
and every five years. The vessels that the Board recommends to
prohibit from obtaining launch permits are these inspected vessels.
One of the things that I'd like to point out is that from a liability
and safety perspective, inspected vessels simply operate at a higher
professional and safety standard due to the fact that these vessels are
just more scrutinized by the United States Coast Guard.
With the addition of these small inspected vessels at the ramp,
the associated rigorous inspection process, the Coast Guard presence
November 9, 2021
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has also increased at the ramps. Since the addition of these vessels,
I've observed a drastic decline in the amount of uninspected vessels
that illegally operate overloaded charters. I believe this is in direct
relation to the safety checks and inspections that take place at the
docks by the United States Coast Guard focusing on inspected
vessels.
So, again, I want to point out that it's illegal for any vessel to
carry more than six passengers unless it's inspected by the United
States Coast Guard. That's not to say that it doesn't happen down
there at the ramps.
With some of these items that are being put forth, you know, one
of the things talks about having somebody down at the ramps all the
time to monitor people coming on and off the boats. Who's liable if
an uninspected vessel takes seven people away from that ramp and
something happens on the water? That's a big liability I think the
county might have to deal with.
And, you know, the other issue that I have is that if we're
required to shuttle people into the ramps, then having a boat that can
carry multiple groups is a whole lot better than multiple boats having
to carry multiple different people. I think all this -- parking
problems and safety problems could simply be solved by requiring
the vessels to obtain commercial permits, have commercial parking
offsite, shuttle people into the ramps, and then that way the
concessionaires still get the foot traffic, the commercial boats can still
operate, there's parking still available for everybody, and it just seems
like a safer idea all around in my opinion, so...
CHAIRMAN TAYLOR: Yeah. We've got some questions,
and I do, too. Would you please repeat what your solution is.
MR. ERICKSON: Yeah. My solution would be for the
commercial businesses to obtain commercial offsite parking or
commercial departure location, like any other commercial operation
November 9, 2021
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in Collier County's required to do, and then shuttle people in, and
then that way there would be an opportunity for commercial
businesses to still leave out of the waterfront access, but they
would -- they wouldn't be taking up any parking. They wouldn't be
congesting any of the ramps. It would speed up the boarding
process, because these vans could show up or the charter shuttles
could show up, hop on the boat, and go. There wouldn't be people
loitering around trying to find a specific company or trying to figure
out where to go. There would be a handler to handle people from
the shuttle onto the boats and go.
I also just find it interesting that, you know, at the ramps,
commercial business -- commercial businesses are allowed to operate
out of there commercially. I've owned other businesses in other
areas, and any other county that I've operated in, in order to have a
business tax receipt, a commercial business tax receipt, you have to
have a commercial location, and you have to satisfy the parking
matrix as set forth. We've been lucky as small operators to utilize
the park as a commercial spot but, obviously, you know, it's come to
a head. And so --
CHAIRMAN TAYLOR: Do you operate, what, fishing
charters?
MR. ERICKSON: So we do be sightseeing and eco charters.
CHAIRMAN TAYLOR: Larger than six packs, right?
MR. ERICKSON: Larger than six people, but less than 18. So
that's the other thing in these -- in this paper that's worth noting.
These large Coast Guard inspected vessels do not carry more than 18
people. It's kind of a little niche in between greater than six and less
than 50.
CHAIRMAN TAYLOR: And do you have a document that
says that you're inspected? If someone boarded your boat, you could
show them?
November 9, 2021
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MR. ERICKSON: Absolutely, absolutely. It's -- the
inspection certificate that you obtain is a certificate of inspection by
the United States Coast Guard.
CHAIRMAN TAYLOR: Thank you.
MR. ERICKSON: And I actually had turned in a speech and
some literature on Friday to all the commissioners for review, and
thank you for those of you that got back to me, and thank you all for
your time.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: You had said that part of the
solution would be to have commercial parking off site. Do you have
a location on Marco Island yourself so that --
MR. ERICKSON: I do, yes.
COMMISSIONER SAUNDERS: What about most of these
other commercial operators; are they --
MR. ERICKSON: You know, sir, I'm not aware. And to be
quite frank, I feel bad for those that maybe have not seen this coming
and been able to plan. But I'm a firm believer in letting competition
compete. If your commercial venture isn't able and viable to
produce enough revenue to sustain a commercial operation, then
perhaps your commercial business isn't simply viable, so...
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN TAYLOR: Commercial McDaniel.
COMMISSIONER McDANIEL: Yes. You spoke a lot about
registration. And this is certainly anecdotal. But how many vessels
are actually conducting business that aren't inspected?
MR. ERICKSON: That's a great question. So on a real brief
research that my crew and my team did, out of Caxambas and
Goodland, there are six commercially inspected vessels that would no
longer be able to receive permits according to the recommendations.
We also looked at uninspected vessels. We found over 100 that use
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those ramps daily uninspected vessels.
COMMISSIONER McDANIEL: That's was -- that was the
answer that I was getting at.
MR. ERICKSON: And that was a simple Google search, just
looking at operations, yeah.
COMMISSIONER McDANIEL: And so they're operating out
of our public ramps meant for public access and utilization. That's
the premise behind our ramps and facilities. And so there is
inspection issues that's on top of all that.
MR. ERICKSON: No. So the uninspected vessels that are
only able to carry six are not -- they do not go through a rigorous
inspection process.
COMMISSIONER McDANIEL: Right.
MR. ERICKSON: So according to the recommendations by the
Board, those vessels would still be allowed to operate out of the
ramps. Essentially, what the Board is doing is limiting the inspected
vessels, which are the safest vessels on the water, arguably.
COMMISSIONER McDANIEL: Okay. So you're -- and
forgive me. I mean, I may have misunderstood your statement.
The premise of inspection doesn't come until you get over six?
MR. ERICKSON: Yeah, that's correct. So if you're operating
a commercial vessel with six or less people, you're not required by
the United States Coast Guard to have the certificate of inspection,
yeah.
COMMISSIONER McDANIEL: And to your
knowledge -- and I didn't phrase the question correctly. To your
knowledge, how many are operating more than six and not inspected,
plus/minus?
MR. ERICKSON: Plus or minus, you know -- and, again, that
would be speculating. I don't know. I see it happen. I hear about
it happen a couple times a week, yeah, so...
November 9, 2021
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COMMISSIONER McDANIEL: Okay. Thank you.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Well, one of the things -- and
this is really for Barry and Dan when you guys come back to the
podium. His point about finding other parking places. You have a
slide that shows that, because we have been doing that. You know,
we've located some, you know, shoulders off of the road. We've got
some areas on Goodland. So, you know, you offering that as a
solution is spot on. I mean, that's a minimum thing that has to be
done, and we are doing that. So I don't know if you missed that slide
or whatnot, but we've highlighted some areas, and they would need to
be improved and whatnot. But being able to bring a larger trailer out
to Caxambas, drop off, you know -- in your case, you don't have this,
but if you were a jet ski operator, drop off your jet skis, your
customers and whatnot, and then not leave that trailer at the park, you
know, put it somewhere else. We're exploring that aggressively. So
that would -- I don't know that that would really help you, but it
would help other people, for sure.
MR. ERICKSON: Yeah -- and absolutely. And, again, it's
just -- you know, I don't personally think it's the county's
responsibility to find parking for private industry. I think that's up to
them to figure that out. A lot of these businesses that are -- that
we're talking about right now are probably currently home-based
businesses and simply have been operating out of the parks for the
last decade or whatever without having an issue and, because of the
tourism increase that we've seen, it's helped everybody, including
tourism, and now we've got a problem. We have exponential growth
with finite parking.
COMMISSIONER LoCASTRO: Yeah.
MR. ERICKSON: That's the problem we're all facing, so...
CHAIRMAN TAYLOR: I have one more question.
November 9, 2021
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MR. ERICKSON: Yeah.
CHAIRMAN TAYLOR: What kind of -- how much is the
out-of-town or out-of-county issue of people using the boat ramp?
How does that affect or what's your sense? You've been on the
water a long time.
MR. ERICKSON: Yeah, you know, significantly on the
weekends. That is a problem, bigtime, Friday, Saturday, Sunday.
There is a lot of out-of-county traffic. And, again, a lot of this is
pertaining to Caxambas. But my operation leaves out of Goodland.
And so one of the things we're concerned about is what happens at
Caxambas will end up overflowing to Goodland and other county
parks throughout the county. But definitely on the weekends, yep.
And for that being said, there's a lot of people that come down,
they rent vehicles or they drive their own vehicles, they have Airbnbs
that then come to the ramps. I mean, those technically, I guess,
would be considered out of -- out-of-county vehicles that would have
to pay higher fees, I would assume, so...
CHAIRMAN TAYLOR: Okay. Thank you.
MR. ERICKSON: Yeah. You're welcome. Thank you guys
for your time.
MR. MILLER: Your next speaker is Jesse Karen. He will be
followed by Colleen Gil.
MR. KAREN: Commissioners, thank you. My name is Jesse
Karen. I operate a business, Reel Kind Fishing and Tours out of
Goodland.
I was the first operator there the day the park opened. For the
first seven years, it was just me, so I've seen big changes happen
there.
Josh, with all due respect to what he said about other companies
obtaining offsite parking, for us that operate the uninspected vessels
that may not be inspected but have to operate under the same safety
November 9, 2021
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standards, if we get stopped, we have to have the same safety
equipment that the Coast Guard sets a minimum for all vessels.
With a bigger boat, he may be able to afford to obtain offsite
parking, but all the individual fishing guides and small boat operators
do not generate the kind of revenue that he does to obtain offsite
parking.
So -- and I've seen the problem coming longer than he has, and
I've tried to obtain offsite parking. It is absolutely cost prohibitive
for me. There's no reason for me to be in business if I had to do that.
I think the out-of-county parking is a big problem. In
Goodland, it's only 10 percent of the days that we have parking issues
in Goodland, and that's now. Obviously, that's going to increase
over time. But those weekends and holidays when we get people
from the East Coast or from Lee County and beyond, it really jams up
the trailer parking and the single-car parking. A lot of the small
operators, you know, generally only have one or two cars on their
boats. So it adds up when you have several small operators, but it's a
little different when you have a 15- or a 16-passenger boat that could
be 10 cars. So they operate a little differently, and they generate
different numbers of cars.
So I know that the county was trying -- the Parks and Rec was
trying to find a balance between, you know, what number of cars per
boat is acceptable. They weren't trying to exclude a business model.
They were just saying, you know, one model only attracts so many
cars, whereas this other model attracts a greater number of cars.
And maybe not prohibiting those vessels but allowing those bigger
vessels to have their offsite parking and allow them to leave from the
park is the answer as opposed to just banning them. But to require
the small operators to obtain offsite parking, it's just not going to
work.
But I want to thank Melissa and Barry, because they sat down
November 9, 2021
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with most of us operators that showed up to the PARAB board
meetings, and they worked closely with us to make sure that they
could strike that balance between what is acceptable and what is just
not working right now. And I feel like I have to support their
strategies, because they really listened to the bulk majority of us that
sat at that meeting, and they worked with us hand in hand to make
sure that what comes out would be fair to the bulk number of
operators.
CHAIRMAN TAYLOR: Thank you. Thank you very much.
MR. KAREN: Absolutely.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I just wanted to echo.
I really appreciate your comments about the smaller operators.
And one clarification I just want to make to the entire group is
the offsite areas that we're looking for, it's not about providing free
parking to the businesses. What we're trying to do is basically
enlarge the parking lot at Caxambas and other locations. So we're
trying to increase public parking and business parking at Caxambas,
but because we can't make the park any bigger, if we can secure some
areas, that just becomes overflow Caxambas parking.
So it's not a matter of we're going to be using taxpayer dollars
to, you know, prop up these businesses who can't afford, you know,
their own parking lot. We're just trying to make the open public
parking spaces more robust. And we can't do it on the Caxambas
footprint, but if we do it down the block and around the corner, then
the flexibility we need from the business owners is you've got to have
an extra driver or somebody that can move the vehicle or whatnot.
But it's really just to increase the parking. And we might have to do
it at Goodland as well, as you said. I mean, what did Goodland look
like seven years ago and what's it look like today? So that's what
we're trying to do is just increase our parking lots in other locations,
November 9, 2021
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and they would be, like, auxiliary parking, so...
MR. KAREN: And that would work. And I think that that's a
good plan. And that's one of the things that they're recommending.
And the fact that the county hasn't charged for car parking, I think,
has been a good missed opportunity. Everywhere you go you pay
for parking. And my customers would have no problem paying for
parking.
The funny thing is, though, is that little $10, if I had to add that
to my fees, that would kill me, but they'll pay the $10 to park, right?
So I think it's important, right, we're not using taxpayer dollars. If
you guys have to obtain more land, great, if we can do it, and
absolutely charge to park to, you know, repay those fees.
COMMISSIONER LoCASTRO: One thing I'll add is I know a
lot of these seem like huge muscle movements. And I really
appreciate your professionalism and your flexibility. And I know
you've been at all the meeting and it's important, and I appreciate the
thanks that you've given the Parks and Rec, because they're really
trying.
But the reason these seem like such huge muscle movements is
because we haven't done anything over all these years. So, you
know, we're out, like, Mach 10 right now, and we're trying to not go
to a dead stop. We're trying to just slow down a little so that we can
maintain what's happening at Caxambas and Goodland and the other
parks. The alternative is, especially at Caxambas, because of the
zoning, Marco City Council could tell us to go to a dead stop.
MR. KAREN: That's right.
COMMISSIONER LoCASTRO: But it seems like this list has
got a lot of stuff on it. And it wouldn't seem this bad if maybe every
couple of years we would have done one more thing, one more thing
here.
The other thing, too, is by having the person, especially at
November 9, 2021
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Caxambas, and even Goodland, like a dedicated person, not just a
ranger that comes and goes. You know, it's come to my attention
that there might be even some businesses that are operating in and out
of there, don't even have permits. They just pull up, they throw their
stuff in the water.
And so one way to thin out the crowd is by turning people
around, and you can't do that if you don't have somebody monitoring.
And so I actually think part of the solution -- I don't want to say it's
going to fix itself, but there is a percentage.
You know, I think you asked, Commissioner Saunders or
Commissioner McDaniel, like, how many people don't have permits,
how many people -- well, we know it's not zero. We know it's not
zero. We know that for sure. And so, you know, that's another part
of the solution.
But I want to just thank you for participating so much, and other
business owners have as well, as we figure out the solution.
MR. KAREN: Well, we appreciate the opportunity. Yeah, I
mean, look, 12 years, right, that Goodland Boat Park has been open.
There's been 110,000 new residents alone that moved into the county.
So, you know, we've had a big influx of residents and a big influx in
tourism. And so I think it's an important issue that we expand that
infrastructure but not for free, you know. There has to be a charge.
So anything the county can do to help the businesses, I know we all
greatly appreciate it.
And any caps. You know, the caps are understandable because
zero is the other option. Obviously, it would be temporary until
infrastructure is increased. So I think it's important to point that out,
that those are short-term. Thank you.
CHAIRMAN TAYLOR: Thank you, sir.
MR. MILLER: Your next speaker is Colleen Gill. She'll be
followed by John Hoffman.
November 9, 2021
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MS. GILL: All right. Well, good morning. My name is
Colleen Gill, and I am an eco guide with Florida Adventures and
Rentals, and I figured I'd give you guys a perspective from the
employee versus a business owner.
I am one of those local 45,000 family members that rely on our
tourism for a job. This is my main source of income. And I'm a
little bit concerned about some of the proposed changes to the
commercial usage at the marinas, specifically Caxambas.
Our company takes great pride in promoting the beauty and the
conservation as well as the history of the Paradise Coast. During our
ecotours, we utilize a lot of the information we give through
education. Our company also takes great pride in keeping our
islands clean. We do annual beach cleanups with cleaning up over
12,000 -- or 1,200 pounds of trash off of the Ten Thousand Island
islands last year alone.
We also work with various conservation-based organizations,
and we are often assisting and rescuing injured shorebirds and marine
life during our tours. So we're not out there just to make a living,
but we're also out there to help promote and keep areas beautiful and
safe for our wildlife as well as our guests.
After seeing the park issue -- parking issues resulting in the
overcrowding at Caxambas during last season, especially during the
height of the pandemic closures, our company actually started to take
measures in reducing our company's impact by investing in a golf
cart to start trying to shuttle people when we could from the resorts as
well as from offsite parking. We also recommended them using
local transportation services to come over and carpooling if there
were larger guests and parties on our boat and jet ski tours.
We are also working now on a -- completely reducing our
impact on the overcrowding with the parking at Caxambas by starting
a shuttle service ourselves. We're going to offer offsite parking, and
November 9, 2021
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we're looking into a way to shuttle everyone in to reduce that impact
that we have and that we know that we're part of with the
overcrowding with the parking at Caxambas.
The changes, though, with the commercial business with
limiting the permits and such, this can jeopardize our company. It
can jeopardize my employment as well as many of the other
commercial businesses that do work out there. I know that the
alternative is zero business but, at the same time, we have to consider
many of us who rely on this industry for our living.
We -- the proposed permitting reduction of our vessel capacity,
especially on the U.S. Coast Guard inspected vessels, can reduce our
business almost by half. That's going to limit -- limiting the volume
of the businesses by passenger and trailer capacity and the
commercial permits can cause many, again, of these charter
companies to lose revenues resulting in letting go of employees like
myself or even putting these companies completely out of business.
I ask you, instead of restricting commercial business that help
fuel the local economy on Marco Island as well as Collier County,
but also to -- and we also promote tourism as well, but to find a
resolution to resolve the lack of parking. Now, I know that we're
talking about offsite offers and things like that. Another issue that
we need to address is that we get overflow parking from the beach
parking at Caxambas, which take up a lot of the parking as well.
And just to do what we can to try to keep our local commercial
charter and ecotourism businesses working at full capacity. And I
really thank everyone's time with trying to find a resolution -- you
guys as well -- and, you know, hopefully we can work together to
move forward and find a resolution where everyone can keep their
jobs and their companies going strong.
CHAIRMAN TAYLOR: So could you tell me how large your
boats are?
November 9, 2021
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MS. GILL: We have U.S. Coast Guard inspected vessels, so
we do the capacity of up to 19 total people, that includes our crew, on
most of our boats. There's usually up to about 15 to 17 guests.
CHAIRMAN TAYLOR: How many boats do you run?
MS. GILL: We run three vessels.
CHAIRMAN TAYLOR: Okay. Daily?
MS. GILL: Daily.
CHAIRMAN TAYLOR: Okay.
MS. GILL: Monday through Saturday.
CHAIRMAN TAYLOR: Okay. Thank you.
MS. GILL: Yep.
COMMISSIONER McDANIEL: I have a quick question for
her. And where do your patrons park?
MS. GILL: Most of them -- so if they are coming from, like,
the resorts like JW Hilton and stuff, we'll either try to figure out a
way for them to transport themselves over. We suggest even
walking. But they will utilize the parking, if they have no other
option, at Caxambas.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER LoCASTRO: I have a question. And it's
really to thank you. You were one of the first companies that
stepped forward by getting the golf cart and whatnot. I know a few
of the other businesses have encouraged their customers to Uber to
Caxambas or, you know, all the other things, and that's been a big
help.
One thing I did want to make clear is it's not just a parking
problem. At Caxambas we have the one ramp that they launch the
jet skis and the kayaks and whatnot. You know, I hear from a lot of
citizens and even some business owners, I mean, if we had unlimited
parking for everybody, you still -- we can't add more ramps, and
November 9, 2021
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sometimes the backup there -- because we have so many businesses
with permits and whatnot. So I don't know if you experience that
because you have a different -- but that's the other problem there. I
mean, I've had residents that come to me and say, you know, I get to
the park early. I'm behind a whole bunch of businesses that are all
trying to launch one at a time. I just turn around and go home
because, you know, it takes me two minutes to launch my boat, but
they're waiting on customers. They're, you know, giving a safety
brief. They're doing this. They're doing that.
So, you know, we actually won't totally fix the problem by just
providing more parking. You know, that park itself can only hold so
much. But having said that, thank you so much for stepping
forward. I was aware of your -- you know, the changes that you had
made voluntarily. And, you know, if we have more businesses that
do that, too, and then we figure out what on this list would actually
work, you know --
MS. GILL: Can I add a little suggestion --
COMMISSIONER LoCASTRO: Absolutely.
MS. GILL: -- about, like, the kayak thing? So many other
counties utilize actual kayak launch sections where they have the
actual thing that you put your kayak on and just push yourself in the
water versus using the boat ramps. That could be an option. If you
guys aren't familiar with what I'm talking about, if you go check out
Collier-Seminole State Park, for example, they have something set up
like that which could reduce that kayak usage out of the actual boat
ramp and keep people a bit safer from being away from the boat
traffic when they're trying to launch as well, so...
CHAIRMAN TAYLOR: So you launch three boats daily?
MS. GILL: We just pick up our guests from there. We
actually use a private marina to launch our actual boats.
CHAIRMAN TAYLOR: Ah, okay.
November 9, 2021
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MS. GILL: So we pick up our guests there. We do launch our
jet ski fleet, and then also will, our kayak rentals.
CHAIRMAN TAYLOR: You have a jet ski fleet?
MS. GILL: Uh-huh.
CHAIRMAN TAYLOR: How many?
MS. GILL: Well, we have two trailers.
CHAIRMAN TAYLOR: Two trailers? And then what else do
you have?
MS. GILL: And then kayaks.
CHAIRMAN TAYLOR: Kayaks.
MS. GILL: Yes.
CHAIRMAN TAYLOR: And you'll launch those from --
MS. GILL: Rentals, yes.
CHAIRMAN TAYLOR: Okay. All right. Thank you.
MS. GILL: You're welcome.
CHAIRMAN TAYLOR: And how much of a trouble is the
out-of-county traffic?
MS. GILL: Oh, it's -- on the weekends, like they were saying
before, Friday, Saturday, and Sunday, we will get inundated,
especially during season. Last year when we had the shutdown and
everything that was brought up before where it was just an invasion
of people coming from out of county and taking over. And, I mean,
it was hard for any of the commercial businesses to even utilize that
when that was going on, so...
CHAIRMAN TAYLOR: Where do you park your vehicles
once you launch them for --
MS. GILL: Our vehicles?
CHAIRMAN TAYLOR: Jet skis.
MS. GILL: So the jet skis, we utilize that for our jet skis. We
do park them at the marina in the trailer parking.
COMMISSIONER McDANIEL: At the ramp?
November 9, 2021
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MS. GILL: Yeah. At the ramp, yep.
CHAIRMAN TAYLOR: At the ramp?
MS. GILL: Uh-huh.
CHAIRMAN TAYLOR: And the kayaks also? You --
MS. GILL: The kayak trailer, yep. We'll keep that there as we
have rentals out. Once the rentals are completed for the day and
picked up, we'll usually take off, and we'll be done for the day from
there.
CHAIRMAN TAYLOR: Okay. Thank you.
COMMISSIONER LoCASTRO: Do you have the oversized,
long trailers --
MS. GILL: We do.
COMMISSIONER LoCASTRO: -- the ones that sort of are
sticking out a little bit?
MS. GILL: Yeah. But with that, we do -- like they mentioned
before with those, you've got to watch that because the companies
that have those trailers, you reduce it to four and they still get three
permits, that doesn't stop some of those companies to still get those
three trailers and have four jet skis. So they're still launching those
12 jet skis every day, so...
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is John Hoffman.
MR. HOFFMAN: I decline.
MR. MILLER: Okay. He'll be followed by -- or, excuse me.
He's waived his time. Ali Mick will be followed by Campbell Fall.
MS. MICK: I'll decline.
MR. MILLER: Campbell Fall will be followed by Ron
Michaels.
COMMISSIONER LoCASTRO: Ali, you've sent me a
thousand emails. You have nothing to say? I'm just kidding.
MR. FALL: Commissioners, staff members, county residents,
November 9, 2021
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thank you for your time. My name is Campbell Fall, for the record.
And I just simply represent -- I am a boat captain for Eco Endeavors
actually, a smaller charter company that leaves out of Goodland.
I'm here actually to comment particularly on just the idea -- I
just want to echo a few sentiments made already today, but the very
simple idea of prohibiting a vessel that carries more than six paying
passengers, that is what I do. So I will just say, I speak as a captain
who holds a masters captain's license. That is the credential that you
need to hold if you want to operate those vessels.
I'm a veteran of the U.S. Coast Guard, so I'm very aware of how
this whole process works, but I just wanted to make everybody think
a little bit. If we have one boat that takes more people shuttled in
from an offsite location, the smaller operators will then just fill that
void by deploying small -- all six-pack boats. And so I just don't see
it as a viable or elegant solution where if you kick six boats -- that's
part of the problem here. There's only six boats that would get
removed from being allowed to operate.
If we were to go completely -- I actually like a lot of these
solutions. The one that I have a hang-up on is cutting out the guys
who take out more than six paying passengers. I just see that -- you
have a lot of boat companies, businesses, that will just buy a new
boat as opposed to go through the hurdles of becoming a COI or
inspected vessel like we talked about a little bit earlier. It's
financially -- it's a big hoop to jump through. It takes a lot of
money, it takes a lot of time, and it's higher safety standard.
Yes, there are local regulations that you need to adhere to if you
are a passenger vessel of six or less, but there are more strict
requirements, there's a higher safety standard to the operators and the
captains who have to utilize those larger vessels.
I am somebody who depends completely on the income
provided by my service as a boat captain down here which is, again,
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taking out, traditionally, guests of 10.
So to just try and highlight my point here really quickly is the
simple, if we take 10 guests out, that might be two to three, possibly
four cars that are removed from that parking ramp; however, if there
was a smaller company that just brings in another boat, they're still
using one to two vehicles and so -- I guess what I'm trying to say is if
we get kicked out, somebody else is just going to fill in, and the
parking issue continues.
So I just want to echo the sentiment, I think it makes a lot of
sense to require commercial operators to have offsite parking
locations so they can shuttle people in. To me, that seems to be fair
to everybody.
CHAIRMAN TAYLOR: Thank you.
MR. FALL: Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Madam Chair, your final registered speaker is
Ron Michaels.
MR. MICHAELS: Hi, Board. Thank you for the time.
I'm a registered Coast Guard captain. I've been in the island
business doing tours and parasailing. Since 1994, I've been coming
in and out of Caxambas Park, which seems to be our main focus
today.
There's just a few things I want to bring to light. I have to agree
with the fact that limiting an inspected vessel that can take 12
passengers is just a no-brainer. There should not be a limit to these
boats that pay to keep their boat in another marine and drive all the
way to that park just to board the few people more than the guy who
launches his boat there.
Another thing that I'm not sure that you commissioners are
aware of -- possibly you are. I haven't been to many of these
meetings. Over the years, if you had two WaveRunners on a trailer,
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you paid one $8 fee to launch that boat. A few years back -- I don't
know how long ago, it was maybe eight years ago -- a new vendor
came into the park and they said, well, we should be able to charge
for each jet ski on that trailer. So now when a vendor -- when an
operator launches a six boat -- six WaveRunners off of his trailer, he's
paying $48 for that one trailer, okay. Most parks -- and I don't
know -- Parks and Rec, you did some research about -- do other
counties charge per vessel on the park in other counties? Because --
CHAIRMAN TAYLOR: Direct your questions here.
MR. MICHAELS: Okay.
CHAIRMAN TAYLOR: And we'll ask that question.
MR. MICHAELS: So the question would be -- would be -- you
know, first of all, that was a windfall for the vendor there, not the
county. From what I understand -- and maybe you can correct me if
I'm wrong -- the county gets 4 percent, four cents of every dollar
that's collected by the vendor for launching fees. Now, that's going
to be -- it's not going to be a windfall for you, but it was for them.
So when we're talking about fees, you know, exponentially
charging operators who have more than one permit, you know, in
your long or your mid-term, that's something you guys might want to
consider is why is the vendor getting 96 percent of every dollar
collected at that park, and now they're collecting six times every time
a WaveRunner launches. That's just something I want to throw in
there.
I also -- I agree, like I said, that these guys that come from
another marina and have paid to keep their boat somewhere else with
inspected vessels -- the Marriott, for instance, runs a 49-passenger
boat. When it's rough out front, sometimes the Marriott will pick up
right from that ramp. Who is going to be there to tell them that they
can't? They might only do it three days a year, but the day they do
it, they're breaking the rules or the new rules that you guys are going
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to try to put in.
They do have an offsite down in Goodland, but to go along with
oversight at the park -- when you guys say there will be someone
there, are you talking about the vendor guys? Because those guys
aren't going to come out of there unless they're selling gas or selling
bait. They are not the parking police, and they'll tell you that. So is
it going to be a park ranger that patrols this?
One other thought I have is you guys said that you will allow six
place WaveRunners trailers to launch there, but they have to park off
property. Okay. Realistically, if I was running a six place trailer, I
have to talk to my people, get their life jackets on, get them on a
trailer, and then get them in the water. To do a proper safety
vessel -- do a proper safety guideline before you take off, which is
required by Florida FWC if you're a vendor and you're
renting -- according to the livery law, you have to make sure your
guests understand what they're riding -- that guy would have to spend
at least 15 to 20 minutes, possibly up to a half an hour, getting that
trailer ready to launch.
So where's he going to park when he's doing that? So parking,
is what I'm saying, is the biggest issue, and you've all identified it.
I'm just trying to agree with that, that parking is an issue.
At Caxambas Park, they have -- I don't know. It might have
been a year ago that they put in a wide spot for these long trailers to
all back into, and it's worked very well. They only made four
spaces. There's maybe six trailers that need it. So if you just add
three more of those long spaces, that would alleviate the problem of
these longer trailers, and you wouldn't have to restrict these vendors
to having only a four place trailer which, like everyone else pointed
out, the guy that wants to launch six skis now has to have two four
place trailers. He's going to take up two parking spots.
CHAIRMAN TAYLOR: Thank you. Your time is up.
November 9, 2021
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MR. MICHAELS: Okay. And that's my point.
CHAIRMAN TAYLOR: Just a quick question. How much of
a problem do you see is the out-of-town folks?
MR. MICHAELS: Major, major problem. Now, just real
quick. I grew up in Fort Lauderdale, and in Fort Lauderdale a busy
boat ramp -- and you know it's a much larger dense community, and
the beach is much more sought after when you're going to launch a
boat. You get up 6:00 in the morning and get in line at any boat
park, and not that we want to do that here, but we've had a few days,
you know, in the past season and when it's holidays and when it's
weekends, yes, the out-of-town non-Collier residents that come to
launch -- and they're not afraid to come over here at 5:00 in the
morning and get in line in front of everybody else and take --
CHAIRMAN TAYLOR: Are businesses coming over here,
too?
MR. MICHAELS: No.
COMMISSIONER McDANIEL: Sure.
MR. MICHAELS: Well, a few. Not that I can say that I've
seen.
CHAIRMAN TAYLOR: More recreational?
MR. MICHAELS: But I think it's mostly recreational from the
out-of-town East Coast is what I would identify that as.
CHAIRMAN TAYLOR: Thank you very much.
MR. MICHAELS: All right. Thanks for your time.
CHAIRMAN TAYLOR: Commissioner -- I think,
Mr. Williams, you have a -- you have a question to answer.
MR. WILLIAMS: Sure.
CHAIRMAN TAYLOR: Does the county get four cents on
every dollar in a permit?
MR. WILLIAMS: Commissioner, you do have a
concessionaire that operates in four of our boat ramp locations, and
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so the current terms of the agreement are they operate the ship store,
they also operate the ramp, and when they're -- their business hours
are in effect, they do collect the ramp fee. Your current arrangement
does provide 4 percent to the county for revenues that they create.
The monies that they use, they operate the ship store, they staff, they
provide inventory. They -- and part of our reasoning for
out-sourcing that a few years back was to avoid the legacy cost
associated with a county employee running the facility. And so the
third-party vendor, that's worked well for us over the last 10 years.
So, yes, that's the current arrangement.
CHAIRMAN TAYLOR: And who -- which entity gets the
proceeds from the ship store?
MR. WILLIAMS: So the entity is Paradise -- a company
named Paradise. Cindy Blatt is the principal of that organization.
CHAIRMAN TAYLOR: A hundred percent of the proceeds
from the ship store?
MR. WILLIAMS: Well, the revenues that she generates from
the ship store, fuel, she sells bait, sodas, sandwiches, that kind of
thing, we get 4 percent in return for her operating that business and
providing that service.
CHAIRMAN TAYLOR: Thank you. Do we have any kind of
numbers on it, what the revenue is last year? Maybe you can get
that.
MR. WILLIAMS: We can definitely get that for you, yes.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER LoCASTRO: I was going to ask something.
CHAIRMAN TAYLOR: Oh, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Barry, one of the things I
want you to just clarify, because we've got a couple questions here, is
that the rocks that we put down to try to figure out how we could let
the additional -- the longer trailers park at Caxambas, explain how
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Marco has a problem with that.
So, I mean, we've heard a lot of things, hey, park over by the
Coast Guard, this, that, and the other. Yeah, I'd love to do all of
those things, but we've already talked about with Marco Island City
Council and, correct me if I'm wrong, a few of the things that we sort
of did where we just did it and we begged forgiveness later, they
want us to undo it because they think we're busting the park at the
seams, and those really aren't solutions, correct?
Didn't they have a problem with the rocks, and we had to make
some big changes on some things that we made some command
decisions on and, you know, they have the right to trump those
things, correct?
MR. WILLIAMS: They do. The city --
COMMISSIONER LoCASTRO: And they have.
MR. WILLIAMS: The city does have jurisdiction at that
facility.
We did seek expansion of parking with the Coast Guard
Auxiliary -- or the community center being built. We did receive a
permit. I think after further review, they looked at that condition and
felt that wasn't appropriate and asked us to do a site plan
development change in order to accommodate parking. That's been
part of our plans. We know, you know, with the current Coast
Guard Auxiliary, where they are, that trailer's going to be removed.
That's going to give us some opportunities for additional parking.
We do see that as something that is -- and we've included as part
of our recommendation that we do pursue that. We're not going to
get a lot. You know, it's a small footprint, but we are going to get
some back.
The question is, do you develop that parking for the longer
trailers that have historically used it? We'll have to go through that
process with the Site Development Plan review with the city to see
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what they would allow. But we do know we'll get additional parking
but probably not to meet the needs that we're seeing at this point.
Madam Chair, if I may, I know we've given you a lot to unpack
here. And we have worked closely with a lot of the folks affected by
this. And I want to say thank you, Commissioner LoCastro, you
know, for your leadership in helping us unpack this with the city.
The city at one point was wanting to ban all commercial, and there's
been a lot of question about the zoning of the site. The truth is,
commercial use has occurred in your boat ramps for three decades.
So it's something that is being looked at differently. The city has
indicated a willingness to work with us to correct some of these
issues.
Commissioner McDaniel, I want to shout out to you as well in
terms of working and your knowledge in terms of, you know, the
boater community and the needs of them.
But what I'd like to do, if I could suggest -- we have thrown a lot
at you. We have, basically, three slides that we would just like to
walk through with you and just seek your direction on those three.
The first one is probably the most challenging. It has the most in
terms of a short term. The other two not so bad. But if I could, just
to talk a little bit about this first slide. And, again, your Parks and
Rec Advisory Board have made these recommendations.
The short-term strategy recommendations, I think the one thing
that we've heard, you know -- and we found with the pandemic --
COMMISSIONER McDANIEL: Can you stop. I have a
question.
MR. WILLIAMS: Yes, sir.
COMMISSIONER McDANIEL: And before he goes on.
CHAIRMAN TAYLOR: I was going to let him finish the
sentence and --
MR. WILLIAMS: No, I'll stop. I certainly want to hear.
November 9, 2021
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CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: I just -- he's getting ready to
start going through these things.
CHAIRMAN TAYLOR: I wasn't going to let him.
COMMISSIONER McDANIEL: All right. The current
vendor that's operating at the ramps, the revenue streams that you're
proposing increases in and permit fees and launch fees and parking
fees, who gets that money?
MR. WILLIAMS: It depends. The permit fee itself goes
directly to the county 100 percent. The launch fee, this arrangement
that we have, when the ship store is in operation, they do collect the
ramp fee at this 96-to-4 percent split.
COMMISSIONER McDANIEL: Parking fees?
MR. WILLIAMS: The parking fees, yes, that would be the
case in the current arrangement.
COMMISSIONER McDANIEL: And how long is the term of
lease with regard to this vendor?
MR. WILLIAMS: So you have a five-year lease. It renews, I
believe, in a year, year and a half, so there's an opportunity to do
something different there.
COMMISSIONER McDANIEL: Very good. Thank you.
Thank you for indulging me.
CHAIRMAN TAYLOR: No, it's quite all right. You have the
floor, sir.
MR. WILLIAMS: Madam Chair, just the first set of
recommendations regard increased oversight. And what we're
suggesting is putting staff at the location. And we've given you
three bullet points that describe that. You know, the other thing is
this variable message board that was mentioned. You know, we
have at times during busy season, working with the City of Marco
Island, put a sign on 951 to let folks know, you know, our beach
November 9, 2021
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parks are closed. Caxambas is closed. Does that do any good in
terms of diverting people that are getting ready to go over the bridge?
We don't know.
But we do offer that as a short-term recommendation to establish
that and try to manage the ramp. But the big thing is increasing
oversight and us mobilizing additional staff. So if there's a comfort
level with that, you know, I can continue on and maybe look at those
things that may not fit.
CHAIRMAN TAYLOR: So you'd like to go through the
recommendations point by point and have a consensus whether we
want you to go forward or not?
MR. WILLIAMS: Yes, ma'am. As tedious as that is, yes,
ma'am.
CHAIRMAN TAYLOR: No, no. It's not tedious.
So let's look at Point No. 1, existing staff to manage parking lot
ramp and docks Thursday through Sunday.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Well -- and here again, I
mean, there's no argument that we need additional oversight. That's
been voiced by several folks that have come. But I have an issue
with the taxpayers paying money to take care of an oversight issue
that's being -- for a public ramp that's being operated by a private
vendor. I have an issue with that.
MR. WILLIAMS: Sure.
COMMISSIONER McDANIEL: The onus should be on the
operator. These are public ramps. These are ramps that are owned
by the county, and the onus should be put upon the operator to
increase the oversight. There's no argument there's more needed, but
I have an issue with us just -- again, one of the nice ladies said,
throwing -- you can throw money at anything and hopefully fix it, but
we're going out with a response to a circumstance and the proposition
November 9, 2021
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is for us to spend more money when we have somebody there that
should be doing that.
MR. WILLIAMS: Well, our proposal would be, we would use
existing staff within the Parks and Rec Division to mobilize. And
one other point I'll make is the concessionaire agreement is to sell
fuel, materials from the ship store, collect that ramp fee when they're
open. The enforcement and oversight of the park still is retained
with Collier County ordinance as it relates to park rangers. So this
would be us positioning a park ranger permanently during this time
period to manage that facility.
COMMISSIONER McDANIEL: If I may -- and I need to
remember, too, these are the short-term -- these are the short-term
answers to some of the issues that we have. This isn't going to be a
forever thing. This is a -- there's a hole in the levy, so just stick a
finger in there to stop this for now or at least slow it down, as you
said, for now, and then look at other circumstances that we
potentially could deal with.
MR. RODRIGUEZ: Good morning, Commissioners. For the
record, Dan Rodriguez, your Public Services Department head.
We have a problem with the contracts as well. They've served
the county for the last 10 years, when we had budget restraints during
the recession and whatnot. Now is the opportunity to look at those
contracts. As Barry stated, they expire here shortly. I say "shortly."
In a year, year and a half. We're going to renegotiate those and
move those resources to better serve those public facilities.
CHAIRMAN TAYLOR: Good.
COMMISSIONER McDANIEL: Gotcha. Okay, thank you.
CHAIRMAN TAYLOR: So do we have a consensus to allow
staff to increase staff surveillance to manage the parking lot ramp and
docks --
COMMISSIONER McDANIEL: Yes.
November 9, 2021
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CHAIRMAN TAYLOR: -- at Caxambas? Are we okay with
that?
Commissioner Saunders, you had a comment.
I'd say it's okay.
COMMISSIONER SAUNDERS: Yeah, on that issue I don't
have any issues with that.
I was just going to make a comment for the Board to consider.
It seems to me that one of the big problems is that there's free parking
at that facility, and that encourages people that are going to be
meeting friends there to just go there and park. I do that myself from
time to time just to -- and so I think we have a county parking sticker
program with the City of Naples where county residents don't have to
pay for parking in the city but out-of-towners do.
COMMISSIONER McDANIEL: The beach.
COMMISSIONER SAUNDERS: For beach parking, yes.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: And so maybe a model like
that where there's a fairly substantial parking fee if you don't have a
county sticker would, perhaps, discourage some people from driving
their cars there instead of carpooling. I could see, you know, a
$10- or $20-a-day parking fee for people that are not county residents
might be part of the solution, so I just want to throw that out for your
conversation.
And then, obviously, we'll get into some of the other numbers of
permits. I do have some comments on that. But right now just on
the parking, it seems to me that there may be not only a revenue
generator that will pay for additional personnel, but perhaps would
discourage some of the parking there.
CHAIRMAN TAYLOR: So maybe we can add that to the
second bullet, which is the optimized parking, which is that section.
So let's go through the staff, Caxambas Park and Goodland.
November 9, 2021
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Mr. Williams, the second bullet.
MR. WILLIAMS: Yes, ma'am. Yes. So you're looking at
increased oversight. I do want to point to -- we do have, in the
optimized parking section, something very close to what
Commissioner Saunders is describing where we would add a fee for
parking. Where you just now have to pay for the boat launch, add a
fee for parking. And as Commissioner Saunders indicated, that fee
would -- if you had a beach sticker, you wouldn't pay that fee, if
you're a Collier County resident; but if you didn't, that fee would be
imposed. So we can -- I can point that out as we go through that
next section, if you'd like.
COMMISSIONER SAUNDERS: I see that at the bottom of
that list there.
MR. WILLIAMS: Yes, sir.
CHAIRMAN TAYLOR: Okay. So do you want to continue?
MR. WILLIAMS: Madam Chair, yeah, I think the biggest
challenge is the next section in terms of optimizing parking. And,
again, one of the things that we would tell you, and you've heard
from your speakers, we do see, you know, looking at maximizing
parking, Caxambas and Goodland both, as opportunities that we're
exploring.
We contemplated that with the building of the community
center. Knowing that modular would go away, we could add
parking. It's not a lot, but we want to explore that.
Your issue still is, with the commercial use, the customer base
that comes and uses the parks. So you have the congestion of the
ramp to deal with, but you also have the customer base that will go to
look for a place to park to gain their tour. That's where you really
have limitations.
So our recommendations, the first one, we can talk about
prohibit trailers that carry more than four motorized vessels from
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parking in boat ramp park. And part of that is that you have trailers
that are beyond our capacity in our parking spaces. So we're
suggesting that those folks can still launch, but they've got to park
offsite. And so that's that recommendation.
The next one requires commercial permit holders to --
COMMISSIONER LoCASTRO: Can we take these one at a
time.
MR. WILLIAMS: -- to encourage and promote --
CHAIRMAN TAYLOR: We're going to take these one at a
time.
MR. WILLIAMS: Yes, sir. I'm sorry.
COMMISSIONER LoCASTRO: So the question I have there
is -- and several speakers mentioned it. So it's because the trailers
are too long. They stick out of the parking spaces or they take
multiple parking spaces or they park diagonally or they were using
our rock parking lot, which the City of Marco doesn't like.
But to some of the people that made the comment, if I have
a -- if I have an extended trailer that has six jet skis on it, and now I
have to park off site or whatever, what would keep me, then, from
getting two trailers that are shorter, and now we really haven't helped
parking, because now they can park in the park, they're not too long,
they're the right length, but now we've got two vehicles that are there
instead of one.
So, you know, I look at that one, and I know we're trying to find,
you know, the fair and balanced, you know, type thing, and so our
initial thought was those extra-long trailers, they're going to -- they're
just going to have to go off site. But some of the businesses that
maybe have the resources to say, I'll sell my long trailer and I'll buy
two short ones, and then I don't have to go off site, we've made it now
worse. So I -- you know, I'm not saying I know the solution, but
what are your thoughts to that? And you've been in a lot of the
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meetings with the business owners, so some of them have said, I'll
just do that.
MR. WILLIAMS: I think that's where this conversation about
caps come to play, you know, and I think -- you know, you had a
speaker that described, and I think rightly, so if you looked at a cap,
you're basically trying to take care of the businesses that have been
operating in some form or fashion. You put that cap over that, you
continue to work this problem. Your long-term solution is to
develop more boat trailer parking, but that cap will help you to kind
of keep to, you know, what your current capacity is. I tell you, 150
is probably overcapacity still, but it's a number that's been consistent
of what historically you've provided. So I don't know if that answers
your question.
COMMISSIONER LoCASTRO: The cap, you're saying, is that
every business could only get three permits. So if I had one long
trailer and now I had -- and I had one permit and then I reduced it
down to two shorter trailers, then I would need two permits, right?
MR. WILLIAMS: Yes, but your max is three. You
couldn't -- it's not a -- it's not -- you can't just continue to get permits,
though, depending on your business model.
CHAIRMAN TAYLOR: But the permit is directly tied to the
vehicle that transports the vessel?
MR. WILLIAMS: That's correct.
COMMISSIONER McDANIEL: And we will have somebody
on site to inspect to ensure that those that are launching are properly
licensed and have the -- have paid the fee?
MR. WILLIAMS: Yes, sir. That's a big part of that role.
And a lot of these things that we're offering where in the past you
really only issued a permit without any type of restriction or
regulation, all these things would be tied to the permit, and you
would have the ability, if a person wasn't abiding by the permit, you
November 9, 2021
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could withdraw that permit. So that is a big change in terms of how
we manage.
COMMISSIONER McDANIEL: If I can just --
CHAIRMAN TAYLOR: Andy's up.
COMMISSIONER McDANIEL: Forgive me, Andy.
COMMISSIONER SOLIS: So three permits per operator, but
there was also a cap of 150 total permits. That's countywide; not per
park, but that would be countywide?
MR. WILLIAMS: That's correct.
COMMISSIONER SOLIS: Okay.
CHAIRMAN TAYLOR: Thank you.
Commissioner McDaniel.
COMMISSIONER McDANIEL: And so we're -- what I'm
asking -- or what I was thinking was the operator with a larger trailer,
they'd still be able to come, offload their jet skis or kay -- it's hard for
me to not call them kayanks -- but to offload those vehicles and
then -- but they'd have to go park somewhere else if their trailer had
that more-than-four-vehicle capacity?
MR. WILLIAMS: That's correct.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: Okay.
MR. WILLIAMS: Madam Chair, if I could, I'll go to the next
item.
CHAIRMAN TAYLOR: Yes.
MR. WILLIAMS: Is require commercial permit holders to
encourage and promote ride sharing or shuttling of commercial
customers to boat ramp parks. We do see a little of that. Uber and
Lyft are services that operate on the island. There was a question
about whether that was as robust as some other communities, but,
you know, that was, you know, again, requiring commercial to
encourage; it's a little wishy-washy, but it's something that we also
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got from our Parks and Rec Advisory Board.
The next one -- and the next two probably are the ones that
maybe you might have concerns. Limit number of commercial
launch permits to three per company and, again, limit number of total
commercial launch permits issued to 150 annually.
CHAIRMAN TAYLOR: Do we have any problem with that?
Commissioner McDaniel, then Commissioner LoCastro.
COMMISSIONER McDANIEL: Yes. Well, first off, I
thought I saw a slide that said we issued 180 permits last year.
MR. WILLIAMS: That's correct.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: And they're annual permits?
COMMISSIONER McDANIEL: I understand what they are,
yes, ma'am.
CHAIRMAN TAYLOR: No. I'm asking.
MR. WILLIAMS: They are, yes, ma'am.
COMMISSIONER McDANIEL: It says 150 annual permits
there. So -- and I have an issue with limiting it to 150. I have an
issue with limiting it -- literally, I mean, we -- there needs to be
accommodation, but folks that are operating commercial businesses
also have to have facilities associated, and it can't be enriched by the
public boat ramps. So there's a -- there's a balance there, and I don't
think the answer should be limiting the actual commercial permits,
personally.
MR. WILLIAMS: Just a suggestion. One of the discussions
with PARAB was this issue and similarly to what you're describing,
you know, one thought was to limit the number of permits to what
was issued this year in order to kind of grandfather folks that have
been participating with this. And, again, part of that limitation is
letting you catch up, you know, with capacity and looking at
developing these longer-term plans. So I offer that as a thought.
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COMMISSIONER McDANIEL: Well, that goes back to what
my main memory was telling me with 180 permits issued in the last
12 months. If we minimally kept it at that, we're not precluding
anybody who has been operating at our boat ramps with a permit.
That might be a way to not -- I mean, you've said it well,
Commissioner LoCastro, there's going to be an adjustment in how
folks are utilizing our public boat ramps. It's coming. But that
limitation, at least mirroring what we've already done in the past, I
think, is a good path to go.
COMMISSIONER LoCASTRO: I was going to say, you
know, I agree 100 percent, because I think some of these other things
are going to have the positive we're looking for. So I think in this
particular case, limiting the permits to 150 isn't something we need
to -- I don't personally think we need to do it immediately. I would
like to see the things that we do agree on here, to monitor them, and
we might not need to do any more.
I like the idea of not having somebody that has a permit not
being able to get one now. So if the magic number right now is 180,
I think, you know, we cap it at 180, and we haven't hurt anyone. But
I think these other things are going to come into play and give us at
least some of the positive change that we want.
After we spoke -- you know, we had a long, long meeting, and
then I thought more about this. The limiting the number of the
commercial permits to three per company -- one of the things that
you and Mr. Rodriguez said when you came into my office was, we
have some people that have as many as eight, right? Eight or 10,
right?
MR. WILLIAMS: That is correct.
COMMISSIONER LoCASTRO: So the problem that I have is
the person that has eight or 10 -- eight and they go down to three,
that's a gigantic -- you know, they're at Mach 8, now they've got to go
November 9, 2021
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to Mach 3. Someone that has four and then just gets three -- gets
limited to three, they don't get hurt as bad.
And so, you know, we had talked a little bit about, you know,
would it be better to have some sort of ratio, at least? And then, you
know, over time -- the other thing, too, I want to stress is we're going
to be monitoring all these things. So anything we say yes to today, if
you come back to us in 30 days and go, you know what, it actually
had the opposite effect or it didn't work or it's been amazing, we want
to tweak it, everybody here needs to know that this is going to be
very fluid; we want to see what the result is.
If putting that message board out there does nothing, then I don't
want more sign pollution on -- you know, as you enter Marco Island.
But what are your thoughts on the three? And I'd like to even
hear from my colleagues. You know, I wonder if it should be more
of a sliding scale or ratio, because, you know, we've done this to
ourselves. If we've let somebody get eight permits, if we've paid the
concessionaire 96 percent, you know, we are the worst
businesspeople in the world, I'm telling you that right now, maybe,
and we're going to fix those things.
And I know everybody up here, you know, agrees. Maybe it
didn't seem like a big deal, you know, a long time ago, but it is now,
and it's not to penalize Cindy and her team, but it's not good business.
But let's get back to the three -- the three per company. You
know, the ones, like I said, that have a lot more right now, it just
seems like they get hit really hard really quick. What are your
thoughts?
MR. WILLIAMS: Well, it is a dilemma, and it goes both ways.
If you have people that have historically only gotten one permit and
now they can get three, do they get those two extra and somehow do
something with them? You know, so it's not as elegant as we'd like
in terms of it was meant to kind of review how we could limit.
November 9, 2021
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Again, maybe the sweet spot with this one is looking at not
increasing the number of permits based on what you have this year.
And so if you had eight this year, you get eight next, if you had one
this year, you have one next, versus to try to do the math and the
ratios, you know, in terms of --
COMMISSIONER LoCASTRO: Yeah. The more I thought
about it, I was thinking something along those lines because, you
know, us, you know, the county, maybe not reacting to the busyness
of these parks quick enough and making changes down the road, we
just can't now dump the problem and penalize the business owners,
so shame on us or whatever. Or maybe you didn't see it coming.
I'm not trying to throw anybody under the bus. We're trying to find
solutions, not make excuses. But in this particular case, I think that's
something to maybe take a look at.
And I'm curious what everyone else thinks as well, because we
could have -- if somebody came for their eighth permit, we could
have said whoa, whoa, eight's -- and what I also see happening is now
these permits become very valuable. So if I've only gotten one
permit, I'm going to take -- I'm going to get all three and, like you
said, what happens behind the scenes? Maybe I get with a business
who had eight permits, now only has three, and we have some sort of
back deal, you know, and we've created that. We've created some
sort of little backdoor deal between the business owners, and we don't
need to put them in that situation. I mean, do you see that -- in your
conversations, did you see that as a possibility? I think we did.
MR. WILLIAMS: We did, yes, sir.
COMMISSIONER LoCASTRO: And we don't want to do that.
You know, we don't want them to be, you know, trading permits and
whatnot, you know, because, I mean, they're business owners.
They're going to want to help each other, so...
CHAIRMAN TAYLOR: Commissioner Saunders.
November 9, 2021
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COMMISSIONER SAUNDERS: I agree with Commissioner
McDaniel and Commissioner LoCastro in terms of not reducing the
number from what the number is right now and perhaps freezing that
at this point.
But a couple questions about how these permits are issued and
how many new operators there are. This year you've issued 180
permits. Out of those 180, just kind of a guesstimate, how many of
those go to existing Collier County businesses that have been
operating earlier than just this year?
MR. WILLIAMS: It's a good question. I know we've seen an
increase, and in part of our slides we showed that increase in terms of
the number of launches at the facilities, but I don't know that answer.
I could certainly find out.
I could tell you anecdotally you do have new people in the
game, and so we are seeing that. And, again, the pandemic created
that. People looking for something to do. Business opportunities.
People wanting to get out on the water, and ecotourism has boomed
over the last couple years, you know, because of that. But I can get
that. I just don't have it.
COMMISSIONER SAUNDERS: So next year -- if we limited
this to the 180 you have right now, how often do you issue these
permits? Is this something that happens every day somebody comes
in and asks for a permit, and it's issued or --
MR. WILLIAMS: Typically, that's -- you know, your
permit -- we establish them so that they start January 1st and they
expire December 31st. And so most people will start to show up at
our door in December to acquire the permit for the January 1st start.
Most of them come in the beginning. You'll get some stragglers
throughout the year, but most of them are issued in the month of
December.
COMMISSIONER SAUNDERS: Okay. It would be
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interesting to see how many Collier County businesses are repeating
year after year for that 180 versus the number of out-of-county
businesses that are getting those types of permits.
MR. WILLIAMS: You do have a small percentage of
out-of-towners that have the permit. The bulk of them are Collier
County businesses, so we can tell you that. We can get you a better
number of the new businesses, though, that emerged in the last year
or two.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN TAYLOR: Commissioner McDaniel, then
Commissioner Solis.
COMMISSIONER McDANIEL: Yeah. I think -- and I'm just
going to say my peace a lot shorter than Commissioner LoCastro did.
I think if we limit the total amount of permits to what was equivalent,
what was issued last year, and don't limit the amount per company,
we accomplish everything that we're looking to do and still allow
folks to conduct their business and so on and so forth, and we're not
shorting anybody on any larger percentage.
COMMISSIONER LoCASTRO: But if we don't see a
positive -- like, if things continue to worsen, then maybe it's
something we address later on down the road and we say --
COMMISSIONER McDANIEL: You did say -- you did say
when you were going on there that this is a very fluid circumstance.
There's going to be a lot more information provided to this board
with regard to the circumstances that are prevalent at our ramps, but I
think a simple answer is limit it to the -- cap it at the existent -- what
we issued previously and no cap on the individual businesses for
now. These are short-term -- these are short-term answers to the
circumstance.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Do we have any idea how many
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companies there are that have more than three at this point in time?
MR. WILLIAMS: Yes, we do. Just a second.
COMMISSIONER SOLIS: If I missed that before, I'm sorry.
MS. HENNIG: No. Again, Melissa Hennig, for the record.
There's one company with eight, four with five, and five with four.
COMMISSIONER SOLIS: So there's about 18 companies out
of the 180?
MS. HENNIG: No, 10; 10 companies.
COMMISSIONER SOLIS: Ten companies. I thought you
said eight, five and --
MS. HENNIG: One company has eight.
COMMISSIONER SOLIS: Oh, one company has eight.
MS. HENNIG: Yes. Four companies have five permits, and
five companies have four permits.
COMMISSIONER SOLIS: Okay. So this is 10.
MS. HENNIG: Uh-huh.
CHAIRMAN TAYLOR: Okay. So I think it's agreed that we
do not want to address -- we don't agree with limit number of
commercial permits to three nor limit number of commercial permit
launches to 150 annually; is that correct? Is that the consensus?
COMMISSIONER McDANIEL: We're going to limit it to 180.
COMMISSIONER SAUNDERS: What's issued already.
COMMISSIONER McDANIEL: The issued -- the previous 12
months issued is 180, and no limit on the companies.
CHAIRMAN TAYLOR: Are you --
COMMISSIONER SAUNDERS: The 180, you said that they
go until December 31st, so we're going to be starting that cycle all
over again. So we would start 2022 with a limit of 180.
CHAIRMAN TAYLOR: Yes, go ahead.
COMMISSIONER SOLIS: Maybe to add to that, if the goal is
to try to reduce this, to reduce the situation that we have now, we
November 9, 2021
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could limit it to 180 but no new companies can apply so that maybe
there's -- as there's some attrition, the number comes down.
COMMISSIONER McDANIEL: Or put a priority on the
existing companies first.
(Applause.)
COMMISSIONER SOLIS: That's what I'm saying is -- well, I
mean, that's the priority is we limit it to 180 today, the 180 that
already have permits can reapply. If there's attrition there, then
maybe next year there's only 170. Do you see what I mean?
COMMISSIONER LoCASTRO: Could you set a date and say,
you know, current companies, you have to come in during this
window to reapply for your permit? Then when that date passes, we
look at the number and we go, wow, we're already at 180. If we're at
140, then we can have an open window for -- I don't want to say 40
new companies; it could be 10 companies that want four permits or
whatnot. But I would think something along that line would make
sure that our current businesses aren't boxed out by somebody new.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I think Commissioner Solis
is 100 percent correct, and at some point I was going to start to raise
that issue of grandfather the businesses that already have licenses
right now.
Ultimately, perhaps the number of permits should be 150, but
that would mean 30 businesses or businesses that have those 30
permits would be hurt. So if we -- you have a list of those
businesses. They have those permits. As they drop off, then the
number of permits would be reduced to get to 150. I think that's
what you're saying. Basically grandfathering --
COMMISSIONER SOLIS: Over time.
COMMISSIONER SAUNDERS: -- everyone that's already in
the business here, but over time limiting it to a smaller number, 150
November 9, 2021
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probably is a good number, but that way no one currently in business
today is going to get hurt in the future. And that's where I was
wanting to go, so...
COMMISSIONER SOLIS: And it just occurred to me that
there's one other thing I think we should think about, and that is that
we're kind of capping things as they are today. So should we say
that none of the existing companies -- for example, the one that has
eight can't apply for 10 next year.
CHAIRMAN TAYLOR: That's right. Eight's the cap, right?
COMMISSIONER SOLIS: I mean, so that we're capping the
numbers now, and over time, as there's attrition in those businesses,
they leave town, whatever, that we get to the number that the PARAB
thinks is the right number. And the staff.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER SOLIS: So we're not putting anybody out
of business, is what I'm saying.
COMMISSIONER McDANIEL: That's correct. Well -- and I
think we get there by grandfathering or some prioritization on our
existing businesses. And I've got to say, I mean, the goal here,
thought process, was to ultimately reduce the amount of commercial
endeavors that were using our public boat ramps over time.
COMMISSIONER SOLIS: Right, right.
COMMISSIONER McDANIEL: And so that number of 150
just came up. It wasn't -- there wasn't a study done or a -- there was
just a reduction from the existing permits that we issued in the last 12
months. So it -- that wasn't a fixed -- that wasn't a --
COMMISSIONER SOLIS: Well, it was the number the
PARAB recommended.
COMMISSIONER McDANIEL: It was a reduction.
COMMISSIONER SOLIS: Can I just say one thing? Because
it just occurs to me that unless we do this third thing that I was just
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referring to, we'll never reduce the number because somebody
will -- right?
COMMISSIONER McDANIEL: Right.
COMMISSIONER SOLIS: I mean, if an existing company
leaves, they had three, well, one of the other company's is going to
get three, and then we'll have a company with 11.
COMMISSIONER McDANIEL: If we don't do the priority on
the existing businesses, the guys over in Miami --
COMMISSIONER SOLIS: Well, right.
COMMISSIONER McDANIEL: -- (indiscernible) put a limit
on it, are coming in and getting permits, and that squeezes people that
are here out.
COMMISSIONER SOLIS: Right. But even -- what I'm
saying is if -- and if the goal is -- and I understood the goal to be to
try to reduce the commercial demand on the boat ramps, that unless
we do that, then we'll never -- we'll never be less than 180 because --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SOLIS: -- the existing companies that are
grandfathered in will keep getting -- buying up the available ones.
So it will always be 180.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Okay. We have two goals.
One is to make sure that current operators --
COMMISSIONER SOLIS: Right.
COMMISSIONER SAUNDERS: -- at the current levels are
not hurt, and the way we do that is grandfathering all those in. The
other goal is we want to reduce the number of operators out there,
and we want that to occur over time so nobody gets hurt.
COMMISSIONER SOLIS: Right.
COMMISSIONER SAUNDERS: So the one business that has
eight permits, next year and the year after and the year after, they can
November 9, 2021
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get eight permits.
COMMISSIONER SOLIS: Right. They can't get 11 next
year.
COMMISSIONER SAUNDERS: So you freeze things the way
they are right now so that nobody gets hurt.
COMMISSIONER SOLIS: Right. That was my point.
MR. RODRIGUEZ: If I may, Commissioner. Dan Rodriguez.
You're exactly right. And what you want to do is freeze those
categories, because if you don't, you'll get someone, maybe an
existing vendor, maybe not, come in and want 20 permits.
COMMISSIONER SAUNDERS: Nobody can grow.
MR. RODRIGUEZ: Correct.
COMMISSIONER SAUNDERS: Existing businesses can't
grow but at least they're not being put out of business. That's the
point.
MR. RODRIGUEZ: Exactly.
COMMISSIONER McDANIEL: Unless we have an excess of
permits, too. There is --
CHAIRMAN TAYLOR: No.
COMMISSIONER McDANIEL: -- attrition -- it's happening --
CHAIRMAN TAYLOR: That's the market.
COMMISSIONER McDANIEL: Right.
CHAIRMAN TAYLOR: All right. So we're okay with that.
You understand that, correct?
MR. WILLIAMS: I think so, yes, ma'am.
CHAIRMAN TAYLOR: So now we're talking about the
no -- probably vessels that carry more than six passengers from
getting a commercial launch permit.
COMMISSIONER SAUNDERS: Could I -- you said you
think. So this is a -- this is the guts of the whole thing right now.
So I want to make sure. It's not "I think I understand." We need to
November 9, 2021
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make sure you understand what the Board is basically saying.
MR. WILLIAMS: Absolutely, Commissioner. And I
appreciate you saying that. So 180 permits grandfathered by
category is what we would issue for January 1, 2022.
COMMISSIONER SAUNDERS: That exist now.
MR. WILLIAMS: That's correct.
COMMISSIONER SAUNDERS: Now, if some of those permit
holders go out of business, that reduces the total number of permits
available until you get down to 150.
MR. WILLIAMS: Yes, sir.
COMMISSIONER SAUNDERS: And then we have another
conversation at that point.
MR. WILLIAMS: Absolutely. And, Commissioner Saunders,
we will know, more than likely, in December, mid January what our
permit total is for the year. Most of those guys come in, you know,
during that time, so we'll know fairly quickly where we stand.
CHAIRMAN TAYLOR: Okay. That was -- that was Barry
Williams speak. I understood it, but I'm glad you clarified it.
MR. WILLIAMS: I appreciate that.
CHAIRMAN TAYLOR: Okay. So let's talk about the -- I
think we need to wrap this up, because we don't need to come back
after lunch for this.
So prohibit vessels that carry more than six passengers. I don't
agree with that.
COMMISSIONER SAUNDERS: Yeah, I don't agree as well.
COMMISSIONER McDANIEL: Nor do I.
(Applause.)
COMMISSIONER McDANIEL: But we should have some
discussion with regard to -- and it may just happen by attrition. If
we're not letting pedestrian -- and that's people -- and I call
pedestrian -- cars to park that don't have a beach permit, then they've
November 9, 2021
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got to pay 10 or $20 for the nonresident parking. That may come up,
and those people then would seek additional parking somewhere else
and maybe shuttle in and so on.
I don't think it's -- I don't think -- I don't see us being able to
regulate Josh to -- and I'm using him as an example because he sent
us -- there he is. How you doing? I don't think we can regulate his
customer base, where they can and cannot park. If they're not
Collier County residents, they're going to pay the new parking fee
that we do, and God love them.
CHAIRMAN TAYLOR: So, Commissioner McDaniel -- and
gentlemen, it is 12:03, and we have a huge agenda. So let's -- if we
could, let's move through this as quickly as we can.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I was just going to
say, in the interest of time, that we're trying to solve the parking
problem, but this bullet here hurts the boat captains that have a lot of
folks. And so we really -- we're sort of trying to fix one thing by
hurting another thing. So I think in this particular case, I mean, I
think all of us agree, the most eloquent presentation on that bullet
were from the business owners. And so I think it goes without
saying, maybe this is something that we table, we think about down
the road, but we don't implement now. I don't think it does anything
that we want it to do, and it's going to have the opposite effect.
MR. WILLIAMS: Understood.
CHAIRMAN TAYLOR: Commissioner -- or, Commissioner
McDaniel, do you have a comment or --
COMMISSIONER McDANIEL: No, that was from before.
CHAIRMAN TAYLOR: Okay, good.
Mr. Williams, continue.
MR. WILLIAMS: Yes, ma'am. So the next one is require
commercial permit holders to care liability insurance indemnifying
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Collier County as part of their permit.
CHAIRMAN TAYLOR: Okay. So what do we say,
gentlemen?
COMMISSIONER SOLIS: Yes.
COMMISSIONER SAUNDERS: Absolutely.
COMMISSIONER McDANIEL: Absolutely.
CHAIRMAN TAYLOR: Okay, require. Okay. So the next
one, sir.
MR. WILLIAMS: Prohibit commercial launch permit holders
from using a county park as their business address.
COMMISSIONER McDANIEL: Absolutely.
CHAIRMAN TAYLOR: Yes, absolutely.
COMMISSIONER SAUNDERS: I would agree with that as
well.
MR. WILLIAMS: Allow non-charter commercial permit
holders in the marine service and sales industries to obtain one
commercial launch permit that can be used for multiple trailers?
And so commercial use came about in your boat parks mainly
from the marine industry. Usually one vessel, one or two people.
COMMISSIONER McDANIEL: We're okay with that.
MR. WILLIAMS: Gotcha.
COMMISSIONER McDANIEL: I am okay with that. I don't
want to speak --
CHAIRMAN TAYLOR: I don't quite understand.
COMMISSIONER SAUNDERS: Yeah.
COMMISSIONER LoCASTRO: Yeah.
MR. WILLIAMS: So you're not trying to limit the marine
industry. What they'll do is they'll put a boat, say, at Bayview for a
sea trial. They've done some maintenance on the boat or it's a new
boat. And so you don't want to restrict that. They're not the people
that are coming with, you know, guests that are, you know, getting a
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tour. So you want to support that industry.
And part of the history of allowing commercial use with your
boat ramps in the parks had been to support that activity. And
typically you see it at Bayview Park. You don't see it at all your
boat park locations, but they do use all of them, but primarily we do
see a lot Bayview to get out in the Gulf of Mexico.
COMMISSIONER McDANIEL: Off site.
CHAIRMAN TAYLOR: We have a --
MS. HENNIG: I just wanted to add, when this came up at the
PARAB, that was a way, with the 150 cap, to make it possible that
everyone would get a permit. So if you're saying that you're capping
it at 180, that may not be a viable option anymore.
CHAIRMAN TAYLOR: 180 goes down to 150.
COMMISSIONER McDANIEL: Over time.
MS. HENNIG: Eventually.
CHAIRMAN TAYLOR: Over time.
MS. HENNIG: But these people, the commercial industry,
service industry, they have permits right now. So if we say
everybody gets the same amount of permits, this one may be obsolete
or not necessary per se.
CHAIRMAN TAYLOR: Commissioner.
COMMISSIONER SAUNDERS: How many of those fellows
or folks launch at Caxambas? You said most of them are at
Bayfront?
MR. WILLIAMS: Bayview.
COMMISSIONER SAUNDERS: Bayview, rather.
MS. HENNIG: I can -- I don't have a good answer now.
COMMISSIONER SAUNDERS: We're trying to get the usage
at Caxambas reduced. We have other alternatives for the marine
industry to launch their boats. So I would say that we should not
permit that. Again, we're trying to -- we're trying to satisfy a couple
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things. One is the City of Marco Island Council and that we're going
to solve this parking problem. And that's a little piece of it, but there
are other options for them. I'm assuming you don't know how many
launch there.
MR. WILLIAMS: We don't. Just anecdotally we see a lot
of -- you know, Bayview is what I would tell you. I don't see a lot of
that at Cax. I do see a lot at Bayview and, again, Bayview because
you get to the gulf really quick.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And I want to caution,
we have a Parks and Rec Department, Parks and Rec Advisory Board
that's giving us global ideas for all of our parks. I want, ultimately,
to be seeing individual rules and individual circumstances for our
different boat ramps.
This bullet that we're talking about here, if we limit -- we have
an enormous amount of marine service industry that's not on the
water, people that repair boats, and the allowance of a permit per
company to launch boats and do their testing and so on and so forth,
it should be done. This is a good recommendation, Commissioner
Saunders. It's not -- the suggestion of eliminating that would hurt a
lot of people that are not -- that are not on the water. This is a good
recommendation.
COMMISSIONER SAUNDERS: Well, we can -- we've got the
180 that we know we're going to be issuing. This could be in
addition to that, as long as it's not a whole lot.
MR. WILLIAMS: No, and we'll monitor and measure that.
And I agree with you, Commissioner Saunders. I think in addition
to the 180, allowing for that marine industry with the permit would
be important.
COMMISSIONER SAUNDERS: I don't have an issue with
that, at least for this first year.
November 9, 2021
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CHAIRMAN TAYLOR: Commissioner Solis, are you all right
with that --
COMMISSIONER SOLIS: Yes.
CHAIRMAN TAYLOR: -- allowing this?
Commissioner LoCastro?
COMMISSIONER LoCASTRO: I don't think the marine
industry is what's causing a problem at Caxambas, so...
CHAIRMAN TAYLOR: All right. So you've got it. The
next one.
MR. WILLIAMS: Commissioner, the next one is implement an
escalating fee for the second and third commercial launch permit that
is issued to a company.
Now, the previous discussion suggested a three-permit limit.
So we may need to look at this. I think what we're suggesting is, as
you increase the number of permits that you acquire, it's an escalating
fee associated with that. So currently your fee that you pay, if you
want to have a commercial permit, it's $100 annually, and then you
pay for each launch, the $8 fee. So this would change that from 100
to an escalating fee for the first three permits of going from 250 to
350 to 450.
COMMISSIONER LoCASTRO: And the rationale was you
thought if there was an escalating scale, that somebody that -- you
know, that really only needed three permits right now and, say, ah,
give me a fourth one for a hundred bucks, if the price was a lot more,
they might sort of think -- because we're not trying to make this a
cash cow for the county. I know we hear that a lot. They're like,
oh, the county's making so much money. I mean, we don't want to
give 96 percent to Cindy either. But what was the thought process
there?
MR. WILLIAMS: It was --
COMMISSIONER LoCASTRO: Discourage.
November 9, 2021
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MR. WILLIAMS: -- greater impact on the facility, it's worth
more. The $100 price point -- you know, again, if you have an
operator that's paying $100 but launching, you know, 300 times, 300
times 8, it's a significant amount of money they put out.
It's just -- the feeling was that -- and, again, feeling's not the
right word. In looking at kind of our over -- looking at the state of
Florida and what charges were made for launch fees, $100 did seem
light, you know. So you're looking at that escalation of a fee based
on the permit.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Who gets the money if we
increase the permit fees?
MR. WILLIAMS: So the permit fee goes to the Parks Division
that offsets the operating expenses with that -- with the facilities.
COMMISSIONER McDANIEL: It's not going to the vendor --
MR. WILLIAMS: It does not.
COMMISSIONER McDANIEL: -- that's only paying us
4 percent.
CHAIRMAN TAYLOR: Let's make a decision, gentlemen.
Commissioner McDaniel.
COMMISSIONER McDANIEL: I think -- well -- and again,
what are you -- my question that comes up, because we only
addressed the one, two, and three permits. What do you do for the
10 companies that have four, five, and eight permits? So what do
they pay? Is it --
CHAIRMAN TAYLOR: Escalating. Let them decide and
make it escalating beyond three.
COMMISSIONER McDANIEL: They've only talked about the
first three.
CHAIRMAN TAYLOR: No.
MR. WILLIAMS: Commissioners, if you allow me, if you're
November 9, 2021
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comfortable with the concept of escalation, we're actually bringing a
rate resolution back to you in December.
CHAIRMAN TAYLOR: Okay.
MR. WILLIAMS: We can make a recommendation at that time
given this guidance that we have, if you're comfortable with the
escalation. We do think that the permit, as you get multiple permits,
it's worth more. We've also heard -- and I'll say this with a lot of
commercial in the room -- that that's not -- that amount is not a
prohibitive amount for them. And there's not -- there is an interest
from the commercial users, they have interest in these both ramp
locations. They want to see them managed and kept to a certain
level so they have, you know, skin in the game, so to speak.
COMMISSIONER SOLIS: Bring it back.
CHAIRMAN TAYLOR: So I think we say it's okay to bring it
back. Would you agree?
COMMISSIONER SAUNDERS: I would add one thing to
that. We're, obviously, at some point in the not so distant future,
going to be adding personnel to monitor all of this. And I know
you've said that you're going to use existing staff, but I'm assuming
your existing staff is pretty busy.
So we're going to be adding staff. I think the base fee of $100
is too low. So when you come back, perhaps that should be $200. I
don't know what the right number should be, but $100 for an annual
permit to launch, even though there's a launch fee on top of that, just
seems to me that that's pretty light, and I'd like to -- I don't have a
problem with an escalating scale, necessarily, but I think the starting
point's a little low.
MR. WILLIAMS: Yes, sir. We can bring that back in
December with this guidance, so --
CHAIRMAN TAYLOR: Escalating fees, are we all okay?
COMMISSIONER LoCASTRO: Can I just ask, how long has
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it been 100? Has it been 100 for many years? Or we've bumped it
up over the years? Do you know offhand?
MR. WILLIAMS: It used to be a permit was $1,500 annually.
It went -- and I think the gentleman spoke about eight or 10 years ago
it went from 1,500 annually to 100 plus the $8 launch, so it changed
about eight, 10 years ago.
COMMISSIONER LoCASTRO: The only thing I would just
say is when you come back, maybe just take a look at that sliding
scale, because we're not trying to take a giant bite out of the apple.
So we know it's been $100, and it's been light for a while. So all of a
sudden making these big, huge muscle movements -- but like you
said, I know the businesses said, hey, you know, it's not like we're
going from 100 to $2,000. But I would just say, when you come
back here, you know, I know you're going to have more conversation
with business owners and whatnot. We're not trying to catch up
after all these years. We could do that slowly, you know, in the
future.
CHAIRMAN TAYLOR: Okay. You've got a consensus on
the escalating fee for second, third, plus commercial launch permits.
So let's talk about increasing launch fees. Are we okay with that?
And understanding that number's going to come back to us in
December. Are we all right?
(No verbal response.)
CHAIRMAN TAYLOR: It looks like that's okay.
Annual recreational launch permit for non-Collier County
residents. Increase it. What do you think? I would agree.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER LoCASTRO: What's the fee now?
MR. WILLIAMS: It's $100 annual permit.
COMMISSIONER LoCASTRO: It's the same, okay.
MR. WILLIAMS: And, again, if you're in agreement with that,
November 9, 2021
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you'll have another bite at this apple as we bring the fee resolution
next month to you.
CHAIRMAN TAYLOR: Is that a consensus? It's good.
COMMISSIONER McDANIEL: And, again, that gets to the
trying to utilize your local ramps for our local people.
CHAIRMAN TAYLOR: Yep. Okay. Implement parking fee
for folks that have vehicles without Collier County beach stickers.
COMMISSIONER SOLIS: Yes.
CHAIRMAN TAYLOR: I would agree.
COMMISSIONER LoCASTRO: How would we do that,
though? Would we have the machine out there just like what we
have at South Beach?
MR. WILLIAMS: That's correct. You have a meter --
COMMISSIONER LoCASTRO: Meter.
MR. WILLIAMS: A parking meter out there that people could
acquire a sticker to put in their dash, let us know that they paid their
fee.
COMMISSIONER LoCASTRO: And then people will monitor
that?
MR. WILLIAMS: We do. The park rangers will circulate and
look for making sure people have --
COMMISSIONER SAUNDERS: Just a quick question. How
long does it take for your department to implement a parking plan
with fees? Is that something that can be done by early January,
February, or does it take six months? How long does it take you to
put all that stuff in?
MR. WILLIAMS: No. With Board approval of fee increases,
you know, we have -- like our beach access points, we have staff that
point of sale is there. That's easily done. At your boat ramp
locations, you have parking meters. That's easily adjusted. So it
can happen as soon as it comes into effect. If you determine, you
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know, a particular day, we can make that happen.
CHAIRMAN TAYLOR: Okay. Second -- last -- second to
last, commercial use and site plan amendment at Caxambas Park.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: We have to.
CHAIRMAN TAYLOR: Yes, I would agree.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Absolutely.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: Yes.
CHAIRMAN TAYLOR: Seek new conditional use at
Goodland for additional vehicle parking. Yeah.
COMMISSIONER LoCASTRO: Yeah, that's a requirement.
COMMISSIONER McDANIEL: And, you know, there again,
if I might just add to that, we should do that at all of our ramps in
proximity to all of our ramps, increase -- seek additional parking at
all of our ramps, not just -- I mean, we have specific issues at
Caxambas and Goodland, for sure, but all of our ramps sooner -- the
balloon effect, as Commissioner Solis has talked about regularly,
when you squeeze it here, it pops out over there, so...
CHAIRMAN TAYLOR: And now we're going to three, which
covers that issue, correct? Are you --
MR. WILLIAMS: Yes. Identifying and develop additional
facilities, and we gave you some examples of that. We do have
some opportunities, Hamilton Avenue, and appreciate the Board's
support of that initiative. So looking at that through all our boat
ramp locations is certainly what we do. So that's the short-term.
That was the hardest job.
And, again, if you indulge me, just the intermediate strategies
November 9, 2021
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that we've identified. Again, increase oversight, reevaluate
regulations to commercial launch permits, and adjust regulations as
necessary. That's just us looking every year with you on this issue
and continuing to adjust as needed as we got input. Explore parking
options at other boat ramp parks. And, again, similarly,
research -- continue to research other additional sites.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SOLIS: Yes.
COMMISSIONER LoCASTRO: Yes.
MR. WILLIAMS: You're almost home.
So your long-term recommendations, this is a concept -- your
short-term recommendation is looking at a variable message board on
951 to see if that makes a difference. If it did, long-term strategy is
placing a permanent one there. Reevaluate regulations to
commercial launch permits. Again, you're seeing a theme of us
continuously looking at this issue and coming back with
recommendations. And, again, acquiring and develop additional
sites. So that's the extent of the long-term recommendations.
COMMISSIONER SOLIS: Yes.
COMMISSIONER LoCASTRO: Yep.
CHAIRMAN TAYLOR: Yes, thank you.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN TAYLOR: One more question to our County
Attorney before we leave. I did read the analysis of restricting
parking. It's public parking, public boat ramp, but -- completely, but
could we do it on specific days every week, like the weekends, and
leave it open all week long, but the weekends it's only for Collier
County residents?
MR. KLATZKOW: I think you run into the same problems,
ma'am.
CHAIRMAN TAYLOR: Okay.
November 9, 2021
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MR. KLATZKOW: I mean, you can differentiate between
commercial and noncommercial, but as far as noncommercial goes,
it's for everybody.
CHAIRMAN TAYLOR: Okay. Thank you.
Are we clear?
MR. WILLIAMS: Yes, ma'am. And thank you, again,
Commissioner LoCastro, Commissioner McDaniel, Commissioner
Saunders, in terms of your knowledge and background and leadership
in this. It's helped us with our constituents in hopefully coming up
with a good strategy for all, so thank you very much.
CHAIRMAN TAYLOR: Thank you.
Commissioner McDaniel, quickly. We're --
COMMISSIONER McDANIEL: You don't need to tell me
quickly. I go quickly all the time.
Barry, it's been brought to my attention that we need to attend
our boat ramps with regard to ADA regulations. So I want that to
become part of our ongoing process going forward.
MR. WILLIAMS: Absolutely. Yes, sir.
COMMISSIONER McDANIEL: That was the one thing that
we hadn't actually discussed.
CHAIRMAN TAYLOR: All right. We're going to adjourn for
lunch. We'll be back at 1:10.
(A luncheon recess was had from 12:19 p.m. to 1:10 p.m.)
MR. ISACKSON: Madam Chair, Commissioners, you have a
live mic.
CHAIRMAN TAYLOR: I was approached by the folks from
the Mosquito Control issue, that there are a significant number of
people online from the different agencies that would like to speak to
this issue as well as we have some in the -- in our chambers right
now. So if there's an agreement, I would like to hear Mosquito
Control now.
November 9, 2021
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All right, good.
MR. ISACKSON: If that's the pleasure of the Board, that
would be Item 11C. It's a recommendation that the Board of County
Commissioners further consider a previous support resolution
adopted by the Board approving the expansion of the Collier
Mosquito Control District boundaries.
Mr. John Mullins will introduce.
CHAIRMAN TAYLOR: Thank you.
MR. ISACKSON: Well, Mr. Mullins tells me that the
representatives from the Mosquito Control aren't here yet.
CHAIRMAN TAYLOR: Okay. So when are they coming?
MR. MULLINS: John Mullins, director of Communications,
Government, and Public Affairs. I think they were following with
the agenda. With no time-certains, I think they were anticipating
short-term rentals and some other things probably coming first.
CHAIRMAN TAYLOR: Well, I think that maybe we need to
reach out to them. If it's -- if it's -- if they're at Mosquito Control
Naples Airport and they know it's a meeting today, it's not going to
take them that long, so maybe we'll hear the --
MR. ISACKSON: Ma'am, we'll do that. Maybe we can go to
9A, then.
CHAIRMAN TAYLOR: Short-term rentals first, if that's -- if
we're in consensus here.
Well, what do you think, Commissioner Solis?
COMMISSIONER SOLIS: Well, I mean --
CHAIRMAN TAYLOR: If they're not here, they're not here.
COMMISSIONER SOLIS: No, I mean, we didn't do a
time-certain. I guess it's disappointing. Everybody else has been
here all day, but I guess we'll do something else first.
COMMISSIONER LoCASTRO: I mean, does it preclude us
from hearing the people on the phone, or you want Mosquito Control
November 9, 2021
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to be able to --
MR. MILLER: I only have one person online for that item,
ma'am.
COMMISSIONER LoCASTRO: Oh.
CHAIRMAN TAYLOR: All right. So let's hear the
short-term rentals.
Item #9A
ORDINANCE 2021-45: AN ORDINANCE ESTABLISHING
SHORT-TERM RENTAL REGISTRATION REQUIREMENTS
FOR OWNERS OF SHORT-TERM VACATION RENTALS, SIX
MONTHS OR LESS, IN UNINCORPORATED COLLIER
COUNTY AT A RATE OF FIFTY DOLLARS FOR A ONE-TIME
NON-TRANSFERABLE FEE – ADOPTED W/CHANGES
MR. ISACKSON: Commissioners, that would be Item 9A.
It's a recommendation to adopt an ordinance establishing short-term
rental registration requirements for owners of short-term vacation
rentals six months or less in unincorporated Collier County at a rate
of $50 for a one-time nontransferable fee.
Mr. James French will present.
MR. FRENCH: Good afternoon, Commissioners. For the
record, Jamie French, with Growth Management.
I'm happy to provide you with a presentation. This was just
brought to you at your last meeting where you approved the
advertisement, and this is the adoption hearing. So happy to go
through this -- I know that the Naples Area Board of Realtors, who
we have met with a number of times, is here as well -- or just happy
to go into questions.
CHAIRMAN TAYLOR: I don't see any questions. What's the
November 9, 2021
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pleasure of the Board? Shall we hear from the speakers?
COMMISSIONER SAUNDERS: Yes, I think so.
COMMISSIONER McDANIEL: I'd like to hear from our
speakers, and then we can deliberate. And I don't need to have
another presentation.
CHAIRMAN TAYLOR: No.
COMMISSIONER McDANIEL: I think we've reviewed this
ad nauseam, personally, so...
CHAIRMAN TAYLOR: Okay.
MR. FRENCH: Since 2019, sir.
CHAIRMAN TAYLOR: Yes, sir. Lots of testimony, so
let's --
MR. MILLER: Madam Chair, we have six registered speakers.
I think maybe a couple of them might have had to leave due to the
hour. Danielle Hudson is our first speaker. She's been ceded
additional time from Martin Manion. Is he in the room?
COMMISSIONER McDANIEL: Make sure he's in the room.
(Raised hand.)
MR. MILLER: She has a total of six minutes, and she will be
followed by Brad Estes.
MS. HUDSON: Good afternoon, Commissioners. My name is
Danielle Hudson. I am the vice president of public policy at the
Naples Area Board of Realtors.
As previously mentioned, our board has been engaged with the
county on the Collier County rent registration ordinance since at least
2019. And we are amenable to the intent and spirit of the ordinance
you have before you today which is to collect current and accurate
information regarding short-term vacation rental properties and to
encourage the appropriate management of these properties.
That being said, while this ordinance is clearer than earlier drafts
that we have reviewed, the board does have some specific
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suggestions that we hope you'll consider.
So first we believe that the definition of short-term vacation
rental in the draft ordinance needs to be expanded to clarify the
homes that will be required to register under the new ordinance. As
it stands, the current ordinance language references State Statute
212.03 which gives the county Tax Collector the authority to collect
taxes on transient rentals for six months or less; however, not all
transient rentals are required by the state to register with DBPR as
required in the Collier Registration Ordinance under Section 3.1.
To ensure that the ordinance is clear for practitioners and
homeowners and to specify which homes will be required to register,
we believe it would be best to add a reference to State Statute
509.242(1)(c) which defines transient public lodging as homes that
are rented to guests for more than three times in a calendar year for
periods of less than 30 days or one calendar month. We believe that
this is important to include to clear up any confusion, if this
ordinance is enacted, being that DBPR does have licensure
exclusions pertaining to homeowners that rent their homes for longer
periods, such as six months, and that do not consistently advertise as
transient public lodging. We just want to make it very clear, if this
is enacted, who needs to register so that, as they go through that
process, there are no questions.
Next, we would like to point out a few pieces of information that
we hope will be food for thought for you-all. There is some concern
amongst some practitioners that have spoken at our board that this
registration ordinance may be duplicitous in terms of existing state
and county tax registration processes. So, as it stands, homeowners
are required to register with DBPR and with the county Tax Collector
via the business tax receipt process, which is extensive, and collects
an excessive amount of information. If this ordinance should pass,
in fact, it will be the Tax Collector that sends notification to
November 9, 2021
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homeowners that a new registration process is required indicating
that contact information and who owns the property is listed in
county records.
Further, a review of existing Code Enforcement Board
complaint data reveals that a process already exists for neighbors and
interested parties to refer non-DBPR licensed individuals to Code
Enforcement, and there I will just stop and mention that we, year over
year, request FOIA data to take a look at the complaints that are
coming through the county.
Over the last three years, if you remove duplicates, there have
been a total of 65 complaints related to short-term vacation rentals.
Of those, only three have had a case pending. So we're looking at
1 percent, really, of even the complaints, that are going to case. I
bring that up only as a data point for you to show you the exposure of
what we're seeing in Code Enforcement in terms of complaints
related to short-term vacation rentals.
And of the homes that have complaints related to non-DBPR
licensed individuals that are going through the existing Code
Enforcement process, 15 of the 16 were brought through voluntary
compliance. So there is an existing process.
And one of the suggestions that we have, if we want to move
forward with a registration in order to get designated responsible
parties, I guess, in a database, would be to -- instead of maybe having
a Collier registration number being required, that we ask and mandate
that they list their DBPR license number in their advertising. It's
something that already exists. For people that are following the law,
it's something that they would already have. And it would also free
up Growth Management from having to put in a new registration
process by which they have to release registration certificates.
If that is not the will of the Board, then we may suggest that we
put parameters in terms of turnaround time of when homeowners
November 9, 2021
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should expect to see their Collier registration if that is the direction
that you choose, and that is in line with some of the state bills that we
have that are going through, namely SB 512, which is requiring a
60-day turnaround time for local registration certificates. So I
mentioned that also because there is current legislation going through
at the state level that specifically pertains to local registration and
advertising, and so it may make sense if you choose not to simply list
the DBPR license number and you choose to do a Collier registration
number, that we have that turnaround time baked into this.
Finally, we really just want to thank Growth Management; this
really has been a process. They've been very hospitable and open to
our questions of which, you know, we've had many over the past
couple of years. Jamie French and his team has been very open to
answering our questions and taking our comments, and we hope to
continue this dialogue moving forward. Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Brad Estes. He'll be
followed by Laura Puckett.
MR. ESTES: Good afternoon. Brad Estes with the Poinciana
Civic Association.
We wholeheartedly endorse this creation of the requirement for
short-term rental registration, and this is short-term rental
registration, not just vacation rental registration.
And short-term rental registration is an issue with us as well as
vacation rental registration. So please consider that it's not just
vacation rental.
And we also are, how's the word, especially happy to hear or
glad to hear that there will be a designation of a responsible party.
Responsible party, who do we contact as an association? Because
as -- in our case, we often contact the residents or the owner, property
owner more likely, as a courtesy before we complain to Code
November 9, 2021
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Enforcement.
But who do we contact? Let me put a -- we struggle with
getting in contact with ownership. This is a copy of our letters to
owners over the last four years asking them to help us with
compliance, whether it be trash, parking -- trash, parking, you know,
late-night parties, whatever the issue is. The associations need
access, too. The associations can assist. We don't have to go to
Code Enforcement, and we attempt to use Code Enforcement as the
last measure, but we don't have the information.
And that I can count on probably one hand -- and there's
probably 3- to 400 there -- probably 400 there, letters that went to
property owners. I can count on one hand where we have heard
from homeowners. So we actually, though -- and I have to add, they
have been fairly cooperative in responding to our concerns.
I would just like to thank Commissioner Solis, because I
think -- and others as well for following this up and have been
considering this. It's a situation that is not just, in our case,
distracting and a threat to our community character, but there are
communities that are -- have actually had very serious consequences
from this. How you approach it, I don't know. But we think
information is the first thing. Who owns it and who's going to be
responsible, and who's going to be immediately responsible if I could
ask -- if I might add that -- immediately responsible? Thank you.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Laura Puckett. She will
be followed by Christian Jasinski. I think they have left. Let me
move on. Maurice Cossairt. They have all left, ma'am.
CHAIRMAN TAYLOR: Okay. So, Mr. French, we
heard -- you know, we heard testimony from the Board of Realtors.
Are you in agreement with the modifications they suggested?
MR. FRENCH: Commissioners, again, Jamie French, for the
November 9, 2021
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record.
Just for some record clarification, with regards to the duplication
of information, the information that the Tax Collector has when you
register the property as a vacation rental or short-term rental, that is
not readily available to us.
So it's not duplicative to us. It's unique. And with regards to
having any type of unique identifier, much like -- and I would only
ask each one of you on this dais, when you've ever reached out to me
before, whether it's a land-use petition or whether it's a building
permit or a Code Enforcement complaint, you've got a unique
identifier beyond the address. That is issued immediately. So as
soon as that is applied for, you receive a unique identifier. It is not
months.
And our process that we're working on now and the reason why
we're asking for a January "go live" date is because it will be
available online. It is simply show us your DBPR registration, show
us that you're properly filed with the Tax Collector, here's a license.
Give us a designated point of contact. We're done. There's not a
whole lot of review other than the zoning piece. And the reason why
we bring in the zoning piece is that we want to make sure that we
don't have a cube farm standing up in a warehouse building that now
all of a sudden you've got a hostile -- or you've got a bed and
breakfast that really should be an industrial park warehouse. And so
that's where we tie into zoning review, and that's already standing
regulation that exists. So we're not impeding or impairing any of the
state process, and it will be an immediate look at that property over
the counter.
So, ma'am, we process about 6,000 permits a month. So to say
that we've got 10,000 or 14,000 rentals out there, okay, give me a few
weeks. I can get to them. Not that big of a deal. And we'll work
with it.
November 9, 2021
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Now, as far as the Code Enforcement pieces -- and, look, as
Danni said, they have been really good, much like the County
Attorney's Office and the community and the Sheriff's Office.
Really, really good partnerships there amongst all of us to work on
something good for the community.
But with the Code Enforcement piece, we are not -- we register
those as a short-term rental, but we close out the case because we
don't regulate short-term rentals. They typically lead to property
maintenance, noise, junk cars, broken windows, property
maintenance type issues. So they could be opened up as a rental or
short-term rental, but we have no authority there because we don't
regulate those, and we're still not going to.
Again, this is a -- this is a registration process. But we do agree
with NABOR that 509 does give good definition, and 509 is
mentioned in this ordinance. So if it's anything that 509 exempts, if
that's the language, staff would agree with that.
CHAIRMAN TAYLOR: Okay. Commissioner McDaniel,
Commissioner Solis, and Commissioner LoCastro.
COMMISSIONER McDANIEL: You answered my question.
If 509 is mentioned in that ordinance and you're okay with adding
that or having that as part of that definition, then I think that takes
care -- that takes care of the one thing that she said.
And then the other thing with regard to the DBPR number that a
short-term vacation rental is supposed to already get, could we add a
reference to that? Is that part of this application process for that
registration?
MR. FRENCH: Yes, sir. It will be in there. It will all be
there.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: I was just going to mention the
reference to 509.242(1)(c), or whatever the exemptions are. I mean,
November 9, 2021
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I think we could just -- and the County Attorney and I spoke about it
yesterday, I think, just to say, short and sweet, this is applicable to all
short-term rentals not exempted by the statute, whatever. Just so it's
in there. Because I think -- it wasn't only NABOR that brought this
up. The Florida property -- rental property association. Did I say
that right? Are they here?
MR. FRENCH: Apartment Association of Florida.
COMMISSIONER SOLIS: Apartment association.
MR. FRENCH: John Christopher or something.
COMMISSIONER SOLIS: Yeah, made the same request.
And I think they were right. I mean, it's -- yeah, you'd have to go
and look up 509. So if we could just make that clear in the statute
what's included and what's exempt, then, I think that would be easier.
The County Attorney is holding his head over there.
CHAIRMAN TAYLOR: Perplexed.
MR. KLATZKOW: No. I mean, we spent three years on this
ordinance, and I know Mr. French has spent an enormous amount of
time with the industry to get this particular definition. And every
time we get to this definition, the goalpost changes, and we want a
new definition. And I'm happy to make adjustments, but if you're
exempt by the statute, you're exempt. That's the end -- that's the end
of it. And the definition, I think, is as clear as we could possibly
make it over the three years.
COMMISSIONER SOLIS: But I think the issue is is that
somebody that's a homeowner that just looked at this, they may not
even realize that somehow they're exempt because they don't even
know there's an exemption to 509, because they have to then go to
509 and see what 509 says.
MR. KLATZKOW: Yeah, but 509 doesn't really do what they
say it does. The core of this ordinance is that we need a contact
person when somebody's partying at 2:00 a.m. That is the heart and
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the soul of this ordinance. It really doesn't do anything else. We
know who the apartment people are. They're easy to find. There's
apartment managers.
COMMISSIONER SOLIS: Right. But there can -- I mean,
they don't have to register under this, because they're exempt from
509.
MR. KLATZKOW: If you want to say apartments do not have
to register, that's fine.
COMMISSIONER SOLIS: Yeah. Whatever's exempt by 509.
MR. KLATZKOW: But 509 doesn't exempt them. What I'm
saying is 509 doesn't exempt them, but it doesn't matter because we
know who they are. The purpose of this ordinance is to make sure
that we know who you are, and right now we've got countless outside
investors buying properties all over Collier County renting them out
through Airbnb. We have no idea who the contact people are.
MR. FRENCH: So, Commissioner, if you wouldn't mind, what
I've provided you is this is the DBPR's guide, kind of their fast
facts --
COMMISSIONER SOLIS: Right.
MR. FRENCH: -- to who needs to register and who doesn't,
and we hand this out. And we will include this within our letter so
it's just a re-creation of what the state is already doing. But if you
could jump just to this PowerPoint slide, you've got a definition that's
identified within 509 that talks about non-transient apartments, which
would be exempt, and then you've got your transient apartments.
509 clearly identifies what those are by definition by percentage of
usage on how much of those units would actually be considered
short-term.
So it's short-term -- and we understand it from the apartments
point of view because there may be companies that come along and
may only rent for two or three months while they're placing an
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employee that they're bringing into a market, or perhaps it's a
prospective buy where they're just trying to finish a home.
So we recognize that, but the statute does clearly call out
509 -- or within 509 it does say what's exempt and what doesn't. So
if we need to strengthen that language within our correspondence or
within this handout, we'll certainly do that, because we're not going to
try to enforce something that is exempt by law.
CHAIRMAN TAYLOR: Yeah.
MR. KLATZKOW: I would suggest you allow staff to
implement this ordinance, and if for some reason there are any kinks
along the way, we'll come back and make the change, happy to, but I
think this language works, I really do. And, again, this has been
three years we've been going back and forth with the industry on it,
and we've never gotten consensus on anything.
COMMISSIONER SOLIS: Okay. So looking at short-term
vacation rental, it says, short-term vacation rental means the rental of
any habitable space including a room, apartment, living quarters, and
any residential building including, but not limited to, condos,
multifamily for a term of -- okay. And maybe I misunderstood. So
we want just commercial rental apartment owners to have to register
as well, or we don't?
MR. FRENCH: If they are considered transient apartments to
where you've only got maybe -- let's say you've got 10 units and only
three of them live there longer than six months, the rest of them are
short-term rentals, sir.
If they're renting them a month at a time or a couple months at a
time, it would fit that definition under 509. And the state clearly
defines that, so this isn't anything that we're defining at a local level.
So what NABOR said, what Danni has said is absolutely correct. So
if we need to strength the language and the message that 509 is the
overall deciding document --
November 9, 2021
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COMMISSIONER SOLIS: Right.
MR. FRENCH: -- by all means; absolutely.
COMMISSIONER SOLIS: That's all I'm suggesting is just put
a reference into 509.242, whatever it is, that makes those distinctions
as to what's exempt and what's not.
MR. KLATZKOW: But that's the last line of the definition.
CHAIRMAN TAYLOR: Can we put that up?
MR. KLATZKOW: We can at apartments if you want, but
that's -- if we can put it up.
COMMISSIONER SOLIS: Okay. Well, it just says 509 -- I'm
just saying, can we --
CHAIRMAN TAYLOR: We don't have that definition here.
It's not in our packet, so...
COMMISSIONER SOLIS: I'm just suggesting that instead of
it just saying 509, that we actually cite -- 509 is a whole statute.
COMMISSIONER McDANIEL: It's a big statute. It was
actually referenced, 509.242(1)(c).
CHAIRMAN TAYLOR: There it is.
COMMISSIONER SOLIS: I don't understand what the
downside to --
COMMISSIONER McDANIEL: I thought that's what we were
actually doing when I asked if it was referenced. I didn't realize it
was the entire statute, 509, but if we just add the language of
.242(1)(c) --
MR. FRENCH: We'll work with the County Attorney's Office,
sir. Staff has no concerns, and we'll make it right.
CHAIRMAN TAYLOR: Commissioner.
COMMISSIONER LoCASTRO: You've answered most of my
questions. Two things that I did hear from Ms. Hudson and the
second speaker as well, she was saying the DBPR number
would -- you know, she was suggesting it be "the number" and not
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also some special county number. I didn't know if I heard you
answer that you agreed or disagreed with that. Do we need the
special county number? Is it sort of redundant?
MR. FRENCH: So the number is a unique county number.
That is not a shared database. So if someone were to call in and we
were to do an investigation, that's a -- you know, it's where -- the
Sheriff's Office or Code Enforcement or EMS or Fire, they're going
to have access to this database -- that they would be able to put in that
county number through our CityView software, and it's there. I
would not be able to cross-reference that unless you went into that
individual property, you would have to look for it within the
registration.
We don't share data or the database with the State of Florida.
That is not available to us. So that's where I talked about the
duplicity. That duplicity does not exist between the agencies. I
wish it did, but it is not available to us either -- other than, perhaps, in
flat file or whatever the actual applicant would offer us.
CHAIRMAN TAYLOR: So at 1:00 in the morning, it's nice to
have.
MR. FRENCH: We're going to generate that number, and what
I heard, and I may stand corrected, was the amount of time it takes to
get that number issued.
COMMISSIONER LoCASTRO: You said it generates
immediately.
MR. FRENCH: It's immediate, and it is unique. It's not the
same.
COMMISSIONER LoCASTRO: The second thing I had was
the second speaker took exception to the term "vacation," that it's
really "all rentals." What is your comment to that?
MR. FRENCH: I totally appreciate Mr. Estes. I'm glad that he
didn't say anything bad about Growth Management. So, no. Listen,
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the state defines it. The state will define what that is, and all
I'll -- again, we've worked very close with Mr. Estes and Poinciana as
well as a number of these communities, so we're appreciative of their
input, but we're really relying on state statute.
COMMISSIONER LoCASTRO: Got it. Thank you.
CHAIRMAN TAYLOR: Okay. Are we all satisfied here?
Do I hear a motion? Commissioner McDaniel.
COMMISSIONER McDANIEL: I'll make a motion for
approval with -- and I think, if it's okay, we'll add -- we'll add the
specifics with regard to 509 in there that was mentioned for the
definition purposes.
MR. KLATZKOW: We'll add the language. I will email each
of you a copy of it. If for some reason you object to it, we'll bring it
back.
COMMISSIONER McDANIEL: Perfect. I'll make the
motion.
MR. KLATZKOW: Otherwise, we'll just implement it.
CHAIRMAN TAYLOR: Do I hear a second?
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: Motion on the floor and a second.
All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Thank you. And thank you very
much for your patience.
COMMISSIONER McDANIEL: And cooperation. It's been
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mentioned multiple times in the industry, the folks -- there was a
whole bunch of people running for the cliff to jump off that didn't,
and you folks were really assistful in communicating the message.
MR. FRENCH: Very quickly, just thank you to Jeff. He's
been -- you know, not only is he a good colleague, but he's been very,
very helpful through this process, so we're appreciative of his office.
COMMISSIONER McDANIEL: There you go.
MR. ISACKSON: Thank you, Commissioners.
I believe the Mosquito Control folks are in the lobby.
CHAIRMAN TAYLOR: Okay. So let's begin Mosquito
Control.
MR. ISACKSON: We'll wait for Mr. Mullins to come up, and
we'll have him introduce the item.
MR. MULLINS: And, John Mullins, director of
Communications, Government, and Public Affairs. And I will read
this introduction slowly as they are coming up the elevator.
At your last board meeting, you heard a Mosquito Control
District update on their public lands outreach and efforts to obtain a
legislative sponsor for their local bill which would be presented to the
full legislative delegation at their hearing on December 8th. A
motion carried unanimously to further consider the resolution you
adopted in July in support of the district boundary expansion, and
Mr. Lynn and his staff are available to facilitate any discussion you
wish to conduct on the resolution and the district's expansion
initiative.
CHAIRMAN TAYLOR: Okay. And so Mr. Lynn is not in the
room yet.
MR. MULLINS: They were coming up the elevator.
CHAIRMAN TAYLOR: Do we have any questions for
Mr. Lynn at this point, or do we want to hear from the speakers?
COMMISSIONER SAUNDERS: Speakers.
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CHAIRMAN TAYLOR: Like to hear from the speakers.
COMMISSIONER McDANIEL: I actually have questions for
the Mosquito Control District that I think can maybe help us a lot,
and there they are.
MR. LYNN: Hello, Commissioners. For the record, Patrick
Lynn, executive director, Collier Mosquito Control District.
CHAIRMAN TAYLOR: I think we have a question for you.
MR. LYNN: Fire away.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: The 10,000-foot view, does
the Mosquito Control have legislative sponsors for this proposal?
MR. LYNN: To the best of my knowledge, we do. It is
subject to a referendum, but to the best of our knowledge, yes, we're
still working with our representative in Tallahassee on that.
COMMISSIONER McDANIEL: So do we require Senate and
House sponsorship for a proposal such as this, or can this be done on
a local bill?
COMMISSIONER SAUNDERS: I think just a local House
sponsor, I think, is all you need.
COMMISSIONER McDANIEL: So with that, my question to
you -- and this is just my thoughts. Without -- without seeing the
language on the referendum, without seeing the referendum and the
response that comes from the electorate, I'm hesitant -- ostensibly,
I'm in favor of the approval of the boundary expansion, but I -- with
this new information, I'm hesitant in continuing on with that support
until we actually go through the -- until we actually go through the
process of having -- seeing that language that's going to go on the
referendum and ultimately the legislation that's being proposed.
MR. LYNN: Well, I would ask counsel if he could address that
for us. This is Mr. Owens.
MR. OWENS: Thank you. Bill Owens, counsel for the
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district.
I would -- and I know this term's been used too much, but I
would say that's the cart before the horse. Under Florida Statute
388, it requires the district to obtain approval from this Board of
County Commissioners before proceeding to the legislature to pass
an amendment to the act that created the Mosquito Control District.
So it would be tough for you to review the legislation before you
approve -- or I should say the resolution's already in effect that you
passed. So we would need that, according to Chapter 388 of Florida
Statutes, to go to the legislature.
COMMISSIONER SAUNDERS: Do you have a drafted bill?
MR. OWENS: We have a rough draft of a bill, correct.
COMMISSIONER SAUNDERS: Could you just provide that?
MR. OWENS: Absolutely. Yeah, we're not saying we can't
provide a draft bill, but --
COMMISSIONER SAUNDERS: That will have the language
he's looking for.
MR. OWENS: Yeah. And I almost -- I guess I interpreted
your comment as saying we should wait until the actual bill is in
place or has been through the process with the legislature, so I
apologize if I misinterpreted your comment.
COMMISSIONER McDANIEL: No, you didn't misinterpret
my comment. Because my thoughts were without a specific
sponsor -- because what I'm told is is that the sponsor wants a
referendum first before they come forward with the legislation, and
so --
MR. OWENS: And I could just add a little color to that. My
understanding is the representative would be supportive of it if the
local bill included a condition that after the legislature passes the
local bill, it's still subject to and conditioned upon approval by a
referendum vote of the qualified electors. So it would go through
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the legislative process approved by the legislature as an amendment
to our special act, and then it goes to a referendum vote of the
qualifying electors.
CHAIRMAN TAYLOR: So you're asking Collier County to
overturn a state decision?
COMMISSIONER McDANIEL: No.
MR. OWENS: No.
CHAIRMAN TAYLOR: What if they vote no?
MR. OWENS: Then the act would never go into effect.
CHAIRMAN TAYLOR: That's what I'm saying. You're
asking Collier County to rule on whether or not the state act is valid
in Collier County.
MR. OWENS: I would look at it a different way. We're
basically letting the legislature approve it through its procedures, and
then it goes to the public to either support it or not support it.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: And so it's -- so the amendment
would be contingent upon -- the effectiveness of it would be
contingent upon a referendum.
MR. OWENS: Correct.
COMMISSIONER SOLIS: So there's no support for it just to
support the expansion. It's contingent upon a referendum after the
fact, okay.
So, here's -- here's my question -- and I've tried to boil this down
to the most essential difference from what I hear everybody talking
about, because it seems to me to be a chicken-and-the-egg issue, and
that is, operationally, what is the difference between what the district
can do and wants to do if some conservation lands are within the
boundary of the district and there's an Arthropod Management Plan
and what the district can and wants to do if those lands are actually
within -- are not within the boundary and there's an Arthropod
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Management Plan?
I'm trying to figure out what is -- what's the -- what's the big
deal? I mean, what is the difference between there being an
arthropod plan and it being within the boundary of the district as
opposed to there being an arthropod plan and not being within the
district? Can somebody explain what the difference is?
MR. OWENS: I can --
COMMISSIONER SOLIS: Because I've heard their side of it,
and I'd like to hear your side of it.
MR. OWENS: Sure. Just as Collier County has certain police
power, zoning rights, and controls within its geographical boundaries,
you cannot exceed those boundaries unless you enter into and get
agreement by an unincorporated area and sit down and negotiate.
That other unincorporated area can say, no, we're not interested.
COMMISSIONER SOLIS: Okay.
MR. OWENS: We are in the same analogous situation. We
already are aware of the opposition of certain stakeholders, and we
just want a seat at the table to be able to sit down and negotiate an
Arthropod Control Plan. As we talked about at the last meeting,
there's a statutory and regulatory framework that protects public land
managers in that negotiation process. But if they're not within our
district, then we have no legal right to require another party outside
of our district boundaries to enter into an Arthropod Control Plan.
They can simply say no.
MR. KLATZKOW: You can't require it, but you can get into
it. If there's -- if both parties want it, you can get into it.
MR. OWENS: You can't require them to enter into an
agreement. But if they voluntarily enter into an agreement with us,
then we can obtain access.
COMMISSIONER SOLIS: Okay. On the other hand, if
they're within the district boundary, then you can require a
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mediation/arbitration under some -- there's some process for
eventually somebody deciding here's an Arthropod Management
Plan.
MR. OWENS: Correct. And the way we look at it is it
requires all parties to come to the table and negotiate an agreement,
or a third-party state agency is that arbitrator and makes the decision.
COMMISSIONER SOLIS: And who's the third-party
arbitrator? Who's -- who makes up -- who makes that decision?
MR. OWENS: It is an office within the state government. I
don't have the exact name, so I don't want to misspeak.
COMMISSIONER SOLIS: I'm just curious. I don't know.
MR. LYNN: It's the Florida Coordinating Council and
Mosquito Control.
COMMISSIONER SOLIS: Okay.
MR. OWENS: Thank you.
COMMISSIONER SOLIS: Okay. So that's -- that's the
difference --
MR. OWENS: Exactly.
COMMISSIONER SOLIS: -- is whether or not you can -- I
don't want to -- whether or not you can, essentially, force the process
as opposed to not being able to force the process if they don't agree?
MR. OWENS: Exactly. We have no --
COMMISSIONER SOLIS: Okay.
MR. OWN: -- legal right to require any party outside our
district boundaries to enter into an agreement with us.
COMMISSIONER SOLIS: Okay.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I just want to make sure I
understand this correctly. Under your charter or your governing
ordinances, you're required -- in order to expand your boundary, you
have to get approval from the County Commission. So you can't go
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to a special act, have a referendum without the County Commission
agreeing to the boundary expansion; is that correct?
MR. OWENS: We have decided to follow Chapter 388, which
does have the process start with this board. Although, I imagine
under preemption, the state legislature could probably just go ahead
and change the enabling act of the district, although we obviously
would prefer to work through the normal process.
COMMISSIONER SAUNDERS: I would agree, the legislature
could probably make whatever changes they desire to make.
And, Commissioner McDaniel, you may have some comfort
because there's a referendum, but I would guess that in the history of
the world, mosquitoes have never won a referendum. So we really
do need to make the substantive decision whether we want to support
the boundary expansion and not simply say, well, there's going to be
a referendum, let the public decide, because I think you sort of
guaranteed what that outcome would be.
COMMISSIONER McDANIEL: Well, thank you. I
appreciate that. I just -- I was trying to figure out whether we were
the cart or the horse. And so I was in the process. I said -- from the
beginning I've ostensibly been in favor of the expansion, and that is
the path that the Mosquito Control District has chosen to seek
approval of that expansion from us, and then the legislation is
prepared and brought forward and then enacted after a referendum.
So that was where I was going. I understood it that the legislation
wasn't going to actually be proposed until after the referendum was in
place.
MR. OWENS: No, but -- it's the opposite, correct.
COMMISSIONER McDANIEL: Gotcha. So I'm okay.
COMMISSIONER LoCASTRO: I have some questions for
you, but I want to hear from the speakers first, so we can also bring
you back.
November 9, 2021
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MR. OWENS: Okay. Sure. Thank you.
MR. MILLER: Madam Chair, we have four registered speakers
here in the room, one online. Our first speaker -- actually, it's
speakers. Meredith Budd, Brad Cornell, and Shawn Clem would all
like to pool their time, not cede; they'd all like to appear at this
podium and kind of rotate their speech. They would have a total of
nine minutes. They would be followed by, wow, Keith Laakkonen.
I hope I'm saying that correctly.
MS. BUDD: Troy is the presentation --
MR. MILLER: I'm getting to it right now, Meredith.
CHAIRMAN TAYLOR: Use two podiums.
MS. BUDD: Is there a way to toggle, too, between the slides?
MR. MILLER: Yeah. It should be front arrow and back
arrow. I hope. I think so.
MS. BUDD: Got it. Thank you.
Meredith Budd on behalf of the Florida Wildlife Federation.
The Florida Wildlife Federation maintains the same position that
we have had on this since it was first brought before you-all over the
summer. It has been noted that the Mosquito Control District doesn't
have the ability to operate outside of their boundary, and I want to
point out their operations in Ave Maria. They have an interlocal
agreement currently not within the boundary, and they're able to
operate outside of their boundary with that agreement in place.
Also, when we're looking at the implementing statute, Florida
Statute 388.4111, you can see the highlighted words in red. Any
public land owned by the state or any political subdivision thereof
where arthropods are, essentially, may be subject to control measures.
That does not necessitate that the land has to be within the boundary
in order to create plans and have those treatments and research in
place.
Also, they do have an active Arthropod Control Plan in
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Picayune Strand State Forest, and I affirmed that this plan is, in fact,
valid. I have spoken directly with Mara Clark, the program lead at
Mosquito Control for FDACS, who has confirmed that the existing
plan is not only signed by both Forestry and the Mosquito Control,
which makes it valid, but it also -- she has a copy with her in her
office, which means that it has, in fact, been submitted and filed with
FDACS.
While all the parties agree that that control plan can be certainly
modified to be made better, it is valid, and the Mosquito Control
District has authority to go in and operate in accordance with that
plan, while it is not in the boundary, of course, currently; however,
according to the Florida Code 5E-1342, No. 7 specifically, you'll see
that inclusion in the boundary actually subjects public lands to the
Mosquito Control District's general work plan. You can see in the
language here that until the plan -- a Arthropod Control Plan is in
place or if that plan happens to expire -- again, this is in perpetuity,
forever, inclusion within the boundary -- then public lands are, in
fact, subject to the general work plan, which could include naled,
which we all know has toxic effects on pollinator species.
So, again, in the absence of a control plan, Ten Thousand
Islands, Rookery Bay, Collier Seminole, they don't have control lands
currently. As soon as that boundary's expanded, they will be subject,
according to code, to the general work plan.
FWF is supportive of the expansion into the urban and
soon-to-be urban areas. We simply just don't think it's appropriate to
include the state and federal lands. So we do ask you to revise your
resolution to support expansion but exclude those state and federal
lands that are on the periphery of the county.
MR. CORNELL: And, Commissioners, I'm Brad Cornell. I'm
here on behalf of Audubon Florida and Audubon Western Everglades
and Audubon Florida's Corkscrew Swamp Sanctuary. And I want to
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emphasize that there is no boundary expansion that is necessary to
assure creating those strong science-based Arthropod Control Plans
or Management Plans. That's kind of synonymous.
And it's not necessary to have a boundary expansion in order to
do robust research and monitoring of viruses. And that's, again,
based on state statutes in Section 388. And as you heard, there
already are Arthropod Management Plans in existence on Picayune
Strand State Forest, and there are also two research permits at
Collier-Seminole State Park that were issued this spring that are in
force for the Mosquito Control District to do research there, and
there's no -- that's not in the boundary. So it's clear that we can
accomplish public health and mosquito control as needed in these
public lands, public conservation lands, without expanding the
boundary.
I also want to point out that there was a workshop recently by
Dr. Durland Fish that was organized by Dr. Mike Duever, and that
five-hour workshop was attended by many agency staff and
conservation groups and your staff, and in it we learned that one of
the important things on conservation lands is that the Mosquito
Control District and these efforts need to focus on viruses and disease
that would infect humans, not on mosquito control necessarily, and
that's because mosquito control -- just getting rid of mosquitoes for
that purpose conflicts with restoration work, including millions of tax
dollars that have been invested in exotic plant biocontrols. These are
friendly insects that have been brought in by the agencies to control
Melaleuca and Brazilian pepper. These insects that are beneficial
have been released in these restoration lands, and mosquito control
conflicts with maintaining those populations of beneficial insects.
So that's an important principle that -- one of the many reasons that
mosquito control work plans in general conflict with conservation
lands, but research and reconnaissance can be done.
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Now, I'd like -- on that question of science, I've like to have my
colleague, Dr. Shawn Clem, just briefly some of the issues
concerning what studies say about the impacts of mosquito control on
ecological environments.
DR. CLEM: Thank you, Madam Chair and Commissioners.
I'm Shawn Clem. I'm the research director at Audubon's Corkscrew
Swamp Sanctuary. I work for Audubon Florida. I have over 20
years ecological research experience in the Everglades. I'm an
expert in Everglades food of ecology, particularly in aquatic systems.
We're spending billions of dollars and so many of us, our
careers, restoring the Everglades and focusing on conservation and
restoration of the public lands in our region.
And this project is so big and so important that the world is
watching us. Mosquito control methods target the species at the
base of our food web. While research on the food web impacts of
mosquito control are pretty sparse, other studies in the Everglades
have demonstrated food web impacts on higher trophic levels due to
changes in aquatic invertebrate communities.
Impacts at the base of this food web will trickle up through the
food web. Reducing food, which is energy available at the base of
the food web, will limit populations of higher trophic levels. We're
talking about animals like fish, wading birds, and alligators.
As a scientist, I'm also concerned that our focus is broadscale
control or management of mosquitoes rather than focus on those that
are disease vectors. We really need to advance the science and
really work to better understand, detect, and target the disease
vectors, not just all mosquitoes.
Finally, I'm also very concerned about the impacts of nontarget
organisms. Numerous studies have documented impacts of BTI on
nontarget dipterans. Further, naled is linked to the decline of South
Florida's bees and native butterflies, which are both critical
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pollinators for our native plants. We need to see data to justify that
this application is appropriate and safe on our conservation lands.
In summary, the threat to human health is real. I shared at a
previous meeting that I know and understand the reality of
mosquito-borne disease, and it's something my family deals with on a
daily basis, but there's a clear difference between managing disease
vector mosquitoes in developed areas and managing mosquitoes on
conservation lands.
MR. CORNELL: To conclude, I just want to summarize what
we believe, Audubon and Florida Wildlife Federation believe, are an
appropriate alternate to expanding the boundary. As we said, it is
very important for public health and safety to expand the Mosquito
Control District boundary to include new urban areas, and we support
that. That's not what we're talking about here. Regarding how we
deal with public health questions on public conservation lands and
restoration lands, the alternative that we are advocating is the creation
collaboratively of Arthropod Management Plans between the
agencies that have told you they want to do that. They are willing.
They are voluntarily suggesting that they collaborate; and then also
the use of permits like are already in existence for research
reconnaissance of where disease vectors are, where the viruses are in
these conservation lands. That accomplishes the public health and
safety that we all require and also protects the public in urban areas.
So that's our suggestion to you-all.
Please consider that, and thank you very much.
CHAIRMAN TAYLOR: Thank you.
Commissioner Solis, did you have a question?
COMMISSIONER SOLIS: No, just after the speakers.
CHAIRMAN TAYLOR: Okay.
MR. MILLER: Your next speaker is Keith Laakkonen,
followed online by Michael Duever. I hope I'm getting close on the
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last name, sir.
MR. LAAKKONEN: You nailed it. Thank you.
My name is Keith Laakkonen. I'm the program administrator
for the Florida Department of Environmental Protection, Rookery
Bay National Estuarine Research Reserve.
One thing I want to point out is that Rookery Bay manages
110,000 acres in Collier County. We actually manage 40 percent of
this county's shoreline. So this is a significant biologically important
and environmentally sensitive area.
Rookery Bay, research is in our name, and it's one of the reasons
why we exist. We actually get funding from NOAA and from the
Florida Department of Environmental Protection to fund
collaborative research within the reserve. We have a long history of
doing collaborative research, including with Collier County Mosquito
Control where, going back in the late '90s and early 2000s, we
worked very closely with Frank Van Essen, and you can actually go
into the Environmental Learning Center, and we have a nice display
on it. We actually talked about the kind of collaborative research we
did which actually improved control of mosquitoes, reduced negative
impact, and reduced costs of spraying pesticides in these areas.
So I just want to point out that all of this happened without the
need for a boundary expansion or Arthropod Control Plan. As
recently as this spring, we were working with Dr. Keira Lucas with
Mosquito Control and Dr. Brita Jessen with Rookery Bay to work a
collaborative grant project. So these things definitely happen
without the need for any boundary expansion or any Arthropod
Control plan.
So if you have any other questions, I'd be willing to answer
them; otherwise, I just wanted to point that out. And of course,
yeah, we are not in favor of being in the boundary. Thank you.
CHAIRMAN TAYLOR: I see no questions at this time.
November 9, 2021
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Thank you.
MR. MILLER: Madam Chair, your final speaker is online,
Michael Duever.
Michael, you're being prompted to unmute yourself, if you'll do
so at this time. Michael, you're being prompted to unmute yourself,
if you could do so at this time.
(No response.)
MR. MILLER: I don't see him unmuting. So why don't
we -- I'll keep an eye on this. We'll try to communicate with him
off-line.
COMMISSIONER McDANIEL: I was thinking, I have Mike's
phone number. I'm going to try to call him. He lives in the
Sanctuary, and, like me, gets his Internet from God, so he might be a
minute behind.
CHAIRMAN TAYLOR: Okay. Commissioner Solis, we'll
start with you.
COMMISSIONER SOLIS: Yeah. I mean, this has been quite
a rollercoaster, I know, for everybody, and when I first got involved
with this issue, you know, my impression was was that, you know,
everybody was kind of on the same page, certainly in terms of the
other agencies and the land management entities.
And, you know, now it appears to me that there's
significant -- well, there's absolute opposition from all of the land
management entities. I had a Zoom call with everybody on one call
just so I could hear it all together as opposed to piecemeal, and it
seems very uniform in the opposition from the land managers, the
conservation land managers, to be included within the district, and I
don't feel comfortable -- if the land managers aren't on board with
this, I don't know how I can be on board with it. I know that's
probably not what the district wants to hear, but I was under the
impression that there was some consensus.
November 9, 2021
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So if what's being proposed is a bill that's subject to a
referendum, I mean, I think it's just an adjustment of what the new
boundary of the district would be. If the referendum passes, it
doesn't seem like that would require starting over. Commissioner
Saunders, I don't know if you would know better. I mean, is that just
something that -- the legal description of the boundaries could be
changed to exclude these conservation lands, and it could just move
forward?
COMMISSIONER SAUNDERS: I would assume -- I would
assume.
COMMISSIONER SOLIS: I mean, I would support it, but I
can't support -- if the basin -- Big Cypress Basin's here, they're not
supportive, if Rookery Bay's not supportive, I don't feel comfortable
supporting it. I mean, it seems like this is the right hand fighting the
left hand, and they have to work together and come up with a plan.
And it seems to me that creating a situation where one can force the
issue, I don't feel comfortable supporting that anymore, and I'm sorry,
because I know I did before.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I agree with Commissioner
Solis. At the last meeting, I read a little paragraph. I'm going to
read one from the Water Management District and Big Cypress
Basin, and it concludes with, the South Florida Water Management
District and the Big Cypress Basin respectfully requests that the
Collier County Board of Commissioners not support the expansion of
the boundary into the Picayune Strand restoration project at this time.
And they remain committed to working with the Mosquito Control
District on these management plans.
I don't see how we can support a referendum, which I think,
quite frankly, as I said before, will pass, because no one's going to
vote to not expand a boundary when it involves eradication of
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mosquitoes. So we have to get to the substance of it, and I think the
substance of it is that these environmentally sensitive lands, where
there's a lot of research going on and a lot of
environmentally -- environmental preservation efforts going on, that
we not move too quickly. And I don't see any reason why we
couldn't delay this until the 2023 legislative session instead of the
2022 legislative session. I don't know what the urgency would be;
give everybody the opportunity to work out management plans.
So I agree with Commissioner Solis; I can't support this even
though we did support it initially. Quite frankly, we didn't have all
the information.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Mr. Lynn, I have a question
for you. The last time you were here, a question that we asked
several times, and I think your answer was, no, it can't be done. But
I don't understand why we can't un-shade the environmentally
protected lands, keep the urban areas shaded, and move forward. I
understand what Commissioner Saunders is saying, but the reason
that makes me not supportive of waiting is we're penalizing all the
residential areas that need the spray now.
And so, you know, what I want to support is the boundary being
expanded in those urban areas but not being shaded in the -- in the
environmentally protected areas. And I don't know why we have to
wait till 2023 to do that unless you tell -- I want you to explain to me
why we couldn't wait. I mean, it just seems like we just need to get
an eraser. And I don't mean to oversimplify it. But I mean, are we
so far down the road that it's either all or nothing right now?
MR. LYNN: I'd just like to say a couple of things about that.
The first is that that it is my understanding, and it is news to me
that FDACS would recognize an Arthropod Management Plan for
Picayune. We have never engaged with Picayune other than they
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were contacted by Department of Environmental Protection after
Zika to go get a plan. They came to us. That is appropriate per
5E-13.
Second is if we cut these areas out, we are -- we have an awful
lot to do right now. We're still under a mosquito-borne-illness alert.
I'm astonished at where we are right now, to be frank. I have
letters of support that I brought personally today from the Department
of Health, from the Eastern Collier Property Owners, from Dr. Bob
Peterson of the American Entomological Society, and the CDC.
We are not going to spray in these areas. We use control
products that are well established that are minimally impactful to the
food web. It's -- if you -- if we stand and argue about this two years
hence, there's two years' worth of data that we won't have. 5E-13
gives us a timeline to engage in an Arthropod Management Plan.
Yes, the only option we have is to force the hand of the land
managers and, to my knowledge, Big Cypress Basin is not the land
manager for Picayune. To my knowledge, the representatives from
the NGOs have no management authority over these areas.
We are here to protect public health, public comfort, value of
real estate, the value of tourism because, trust me, when you see a
child with encephalitis on a ventilator in the emergency department
because we didn't do what we knew we should be doing, gathering
the data, surgically controlling mosquitoes at their larval stage, not
negatively impacting the environment -- it's all there in our mission,
in our vision. I cannot, in good conscience, take an eraser and cut
these areas out. Humanity continues to encroach on these protected
areas, and these protected areas continue to demonstrate year after
year evidence of disease from mosquitoes. So that's the shortest
answer I can give you.
COMMISSIONER LoCASTRO: That's not what I asked you.
I didn't ask you if in good conscience you felt comfortable cutting
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those out. I just said, if you cut out the environmental areas, is that a
possibility --
MR. LYNN: No.
COMMISSIONER LoCASTRO: -- if we directed it. Why
not?
MR. LYNN: Because I know better.
COMMISSIONER LoCASTRO: No, but that's not -- that's not
an answer. I mean, I'm not asking you your opinion if you want to
cut those out or not. I already know that opinion. I'm asking you if
it was the will of the commissioners here to say, move forward with
the urban areas but not with the environmentally protected areas,
would you be able to do that and stay on your timeline regardless if
you like that or not?
MR. LYNN: No.
COMMISSIONER LoCASTRO: Why?
MR. LYNN: And the answer is because I have to take it back
to my board. I don't possess the power to change the form that
this --
COMMISSIONER LoCASTRO: And that would put us off
timeline to be able to do it?
MR. LYNN: Our next meeting's on the 18th, and we have a
meeting with the legislative delegation on the 8th of December.
COMMISSIONER LoCASTRO: No, but for something this
important, couldn't the meeting on the 18th happen sooner?
MR. LYNN: I would have to defer to counsel to set a special
meeting for our board of commissioners. But my recommendation
to them would be to not forego this, because we will have the same
discussion.
COMMISSIONER LoCASTRO: Well, my position is -- and if
we're sort of giving a peek under the tent -- is that I just don't think
we should penalize all those urban residential areas that are
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applauding that they're finally going to be, you know, shaded and in
the district, and then because we're having this debate over the
environmental areas, we're going to kick the whole thing, you know,
more than a year down the road and not do anything and basically,
you know, penalize them.
MR. LYNN: Well, it's my understanding that you had
recommended that we establish Arthropod Management Plans with
these control -- or with these management agencies; is that not true?
COMMISSIONER McDANIEL: Yes. Well, that was
the -- forgive me. I didn't mean to speak over you.
COMMISSIONER LoCASTRO: No, I'm done.
COMMISSIONER McDANIEL: That was the rationale for
receiving the approval for the expansion, because it allowed for a
mechanism for forced discussion with regard to the Arthropod
Management Plans.
MR. LYNN: Right. To give you just a very brief -- extremely
brief, to the best of my ability -- and forgive me for trying to think on
my feet here.
The -- we recently had a meeting with the folks from Big
Cypress. We gave them the same presentation that we give
everyone. We walked them through 5E-13. We answered the
questions. We got follow-up emails. We answered those questions.
Then we see a letter that says we cannot support this because 2,
3 degrees of separation, folks on the East Coast who are South
Florida -- or South Florida Water Management District say, I need to
see the data. I need to approve this.
We're talking about an issue that is here within Collier. There
are plenty of precedents of areas, of districts within the state that have
public lands within the district and Arthropod Management Plans.
It's not rocket science. And I assure you that 5E-13 is the only thing
that I have as the executive director to carry out the mandate from our
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board of commissioners who unanimously voted to expand the
district boundaries per the recommendations of our caring and
professional staff at Mosquito Control who's trying to protect public
health and comfort.
That's as simple as I can make it. And mosquitoes will not pay
attention to a sign planted in the ground on the west side of the
Picayune that says do not pass here and don't go and bite someone.
We're getting too close to a public health crisis.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: I have a --
CHAIRMAN TAYLOR: May I --
COMMISSIONER McDANIEL: -- an interesting request.
CHAIRMAN TAYLOR: I also do, so if you would just defer
to the Chair. I think Forestry's here --
COMMISSIONER McDANIEL: Yeah, I was just going to --
CHAIRMAN TAYLOR: In their supervision of the Picayune,
I'd like to understand exactly what exactly is going on in the
Picayune, please.
COMMISSIONER McDANIEL: I'm not deferring to the
Chair. That's what I was going to ask you, if it's okay to bring
Shawn up.
CHAIRMAN TAYLOR: Oh, you know him by first -- I didn't
know.
COMMISSIONER McDANIEL: Yes, Mr. Allen.
MR. ALLEN: Good afternoon, Commissioners thank you.
I'm Shawn Allen. I'm the manager for our Caloosahatchee Forestry
Center, the Florida Forest Service which covers Lee, Collier, and
Hendry Counties.
In regards to the Arthropod Control Plan, that is correct; yes, we
do have one. We are the primary land management agency for
Picayune Strand State Forest. It is land managed under the board of
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trustees of the State of Florida. This is also the site of the Picayune
Strand restoration project, which is a large -- very large federally
funded restoration project that's been underway for the better part of a
decade.
That Arthropod Control Plan was put together in 2017, as
mentioned before, and it is a part of our 10-year land management
plan. That plan just underwent a rewrite and has been resubmitted
and has gone through the Acquisition and Restoration Council with
the State of Florida. So it is the approved 10-year land management
plan that went into effect in 2019, so from '19 until 2029, and that
Arthropod Control Plan is in there.
We did not update it since 2017. We found no need to do so.
And we had a large portion of public comment that was available for
not just the public but also other representatives who have interests in
Picayune Strand State Forest.
Nobody had mentioned that Arthropod Control Plan. It was in
there, it passed, and it went through. That plan does allow for the
research. It allows for studies to be done, which there can be
additional studies brought forward. Anybody that wants to can
submit a request through our state ecologists in Tallahassee. We can
issue a letter of authorization for anybody to do any kind of research
on the state forest. It's no big deal.
The only approved action in that plan is for -- the application of
larvicide was approved within that Arthropod Control Plan.
So I hope that answers your questions and, again, if you have
any more, please feel free.
CHAIRMAN TAYLOR: Stay right here. I think we do.
Commissioner McDaniel.
COMMISSIONER McDANIEL: I wanted to hear from him
with regard to that --
CHAIRMAN TAYLOR: Okay.
November 9, 2021
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COMMISSIONER McDANIEL: -- because it was represented
that that plan was there, and I --
CHAIRMAN TAYLOR: No questions?
COMMISSIONER McDANIEL: No, no. That was perfect.
Thank you.
MR. ALLEN: You're welcome.
CHAIRMAN TAYLOR: Commissioner Saunders, any
questions?
COMMISSIONER SAUNDERS: I don't have a question. I
was going to make a comment when he was finished.
CHAIRMAN TAYLOR: Okay. So you -- I do have a
question. You are the -- you're the management entity. So you are
the land manager for Picayune Strand?
MR. ALLEN: That is correct.
CHAIRMAN TAYLOR: Okay. And that there are -- South
Florida Water Management's involved, U.S. Army Corps of
Engineers involved, U.S. Department of Interior/U.S. Fish and
Wildlife are involved. The Agriculture Commission is involved
with Picayune, is that correct, U.S. Department of Agriculture's
Research --
MR. ALLEN: Uh-huh.
CHAIRMAN TAYLOR: -- all right -- and Florida Fish and
Wildlife as well as Forestry?
MR. ALLEN: Yes.
CHAIRMAN TAYLOR: I would say this represents the United
States of America in Picayune Strand.
MR. ALLEN: In a nutshell, yes, ma'am. We do have a lot of
concerned parties. And, again, this is a very large restoration
project, and it is important that we all work together on this. And
being that there are some concerns, I understand those concerns, and
I appreciate those concerns, and I definitely agree they should be
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taken into consideration.
But just to reiterate, you know, the expansion of that boundary is
not going to change whether or not Mosquito Control can do
anything within Picayune Strand State Forest; they can. That
Arthropod Control Plan allows for that --
CHAIRMAN TAYLOR: Thank you.
MR. ALLEN: -- just to clarify.
CHAIRMAN TAYLOR: Okay. And it says -- again, this is a
letter from Jennifer Smith, who's chief of staff from the South Florida
Water Management District. It's a letter that we all received this
week. And in it she states that there are $10 million in investments
as well as the 600 million restoration efforts. But there's 10 million
in investments in the research, development, and testing of all natural
biocontrol agents that reduce harmful invasive species that impact the
ecosystem restoration efforts. So this is -- there's a lot going on in
the Picayune.
MR. ALLEN: Yes, ma'am.
CHAIRMAN TAYLOR: There's a lot. Any other questions?
Commissioner Saunders?
Thank you very much.
MR. ALLEN: You're welcome.
COMMISSIONER SAUNDERS: I'm going to make a
suggestion. No question for you, sir.
MR. ALLEN: Okay, thank you.
COMMISSIONER SAUNDERS: I'm kind of sitting here
trying to find out how I can get to yes on the request. And I've
listened to Commissioner LoCastro, and I think he's hit on the
solution and that is that this board approves the expansion of the
boundary into the urbanized areas like Ave Maria. I don't know if
there's another area that we can identify, but we're not supportive of
expanding the boundary into the preserves. And we may need to list
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those, but I think we can do that fairly quickly and show some
support but at the same time show some restraint in terms of these
preserve areas.
COMMISSIONER LoCASTRO: That would be my motion
word for word.
CHAIRMAN TAYLOR: Point of order. Do we have to
reconsider what was done before as it was a resolution?
MR. KLATZKOW: As it stands now, you have a resolution in
support of the district's application to the legislature.
COMMISSIONER SAUNDERS: This would be a resolution to
replace that.
MR. KLATZKOW: This would be, I guess, repeal and replace.
CHAIRMAN TAYLOR: So can you work that into your
motion that we repeal what was passed before?
COMMISSIONER SAUNDERS: I think Commissioner
LoCastro made the motion, but I would second that if that's --
COMMISSIONER LoCASTRO: Absolutely. I mean, like you
said, that would be proper procedure, and then whatever Mosquito
Control District has to do. If we all agreed or it passed, they would
have to -- they'd have to do it.
COMMISSIONER SAUNDERS: Now, do we need to list the
preserves so we're clear, or what kind of language would we need to
make it clear that we're supporting the boundary expansion into the
areas that are under development?
MR. KLATZKOW: Well, just for my clarity, by preserves
we're talking about all the state-owned land?
CHAIRMAN TAYLOR: Public land.
MR. KLATZKOW: Okay. We're talking about the federal
land, all right. Are we talking about the Conservation Collier land?
CHAIRMAN TAYLOR: No.
MR. KLATZKOW: So we're not talking about the
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county -- the county land. So we're limited, then, to the state-owned
public land and the federally owned public land.
COMMISSIONER LoCASTRO: State and federal.
MR. KLATZKOW: That's your resolution.
COMMISSIONER McDANIEL: And if we --
CHAIRMAN TAYLOR: Go ahead.
COMMISSIONER McDANIEL: If we did that, that would
include the to-be-developed lands. We just approved the Town of
Big Cypress in between Golden Gate Estates and Ave Maria, and we
know there are several rural village applications that are coming
northeast that would include them in that area --
CHAIRMAN TAYLOR: Yep.
COMMISSIONER McDANIEL: -- and just
preclude -- exclude the state and federally held lands.
MR. KLATZKOW: If you can give me about a half hour, I
could redo your resolution and bring it back, because I know they
have a timing issue with the legislature.
COMMISSIONER SAUNDERS: I bet we'll be here at least
another half hour.
CHAIRMAN TAYLOR: You think?
MR. KLATZKOW: Let me direct my staff to get that done.
CHAIRMAN TAYLOR: And if our environmental folks have
any concerns about the wording here, I would --
MR. KLATZKOW: I will distribute copies to everybody.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER McDANIEL: Can I --
MR. KLATZKOW: If you'll excuse me for a few minutes.
COMMISSIONER McDANIEL: I'd like to bring Mosquito
Control -- because I have a question for Patrick that's similar to what
Commissioner LoCastro said.
CHAIRMAN TAYLOR: Okay.
November 9, 2021
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COMMISSIONER McDANIEL: So you hear which way we're
going, Patrick?
MR. LYNN: Yes, I do.
COMMISSIONER McDANIEL: Okay. Is this within the
bounds of the time frames that you have with your board and making
the necessary boundary adjustments with your board for the 18th and
then meeting with the legislature in early December?
MR. LYNN: The short answer is I don't know. I will try.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN TAYLOR: Okay. So I think what we'll do is
continue this until -- about a half an hour and continue with the
meeting. So we'll put everything -- this particular discussion will
come after the next discussion, whatever that discussion is.
MR. ISACKSON: Commissioners, if I can, I'd like to hold on
the AUIR discussion for a bit and go right to 10, Board of County
Commissioner items, which is 10A, if that's okay with the Board.
CHAIRMAN TAYLOR: Oh, yeah.
Item #10A
AMENDING ORDINANCE 2008-68 ESTABLISHING
AMPLIFIED SOUND PERMIT REQUIREMENTS AND
PENALTIES IN UNINCORPORATED COLLIER COUNTY –
BRING BACK FOR FURTHER DISCUSSION AND BOARD
DIRECTION – CONSENSUS
MR. ISACKSON: I believe this was a Commissioner Taylor's
sponsored item. Recommendation to amend Ordinance No. 2008-68
establishing amplified sound permit requirements and penalties in the
unincorporated area.
November 9, 2021
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CHAIRMAN TAYLOR: And, again, this is really to get a
consensus from my colleagues that we can go a little bit further into
the issue of amplified sound and outdoor entertainment permits and
conditions using the State of Florida to allow staff to do the research,
not to do anything more than do the research and bring back their
recommendations to this board. I don't want to go any further and
expend staff time unless there is a consensus that perhaps we need to
look at this. Obviously, I think we need to look at it, but I need the
consensus of my colleagues.
COMMISSIONER SAUNDERS: Yeah, I would agree.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: Agree.
COMMISSIONER LoCASTRO: Agree.
COMMISSIONER McDANIEL: Yeah, I don't think any -- I
have no issue with it.
CHAIRMAN TAYLOR: Okay. Thank you very, very much.
So we're rolling right along here. So I'll say --
MR. ISACKSON: I think I had five head nods on that?
CHAIRMAN TAYLOR: Yes, you do.
COMMISSIONER SOLIS: Yes.
Item #10B
PROVIDING DIRECTION TO THE COUNTY MANAGER
REGARDING PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF SANTA BARBARA BLVD. AND DAVIS BLVD. –
MOTION TO ACCEPT STAFF’S RECOMMENDATIONS
CHAIRMAN TAYLOR: Commissioners, Item 10B is an item
brought forth by Commissioner Saunders. It's to discuss the Davis
and Santa Barbara rock crushing activity. And I'll turn that over to
November 9, 2021
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Commissioner Saunders for commentary.
COMMISSIONER SAUNDERS: Well, I'd like for staff to go
through the current situation there, and then I've got some
recommendations. And I know representatives of the property are
here as well. But I think the Board needs to be brought up to speed
as to what's happened at that site.
MS. COOK: Good afternoon, Commissioners. Jamie Cook,
your director of Development Review.
Since the last BCC meeting on October 12th, at that meeting, I
informed you that staff, both Engineering Inspections and Code
Enforcement, were conducting daily site visits to the property located
at the corner of Santa Barbara and Davis. We were also discussing
with the state because the South Florida Water Management District
Environmental Resource Permit was under review for its extension.
As a result of that meeting, you issued a temporary moratorium on
importing material to crush on site for construction.
Since that meeting on November 3rd, the South Florida Water
Management District denied the extension of the ERP for significant
noncompliance with permit conditions. In discussions with the
Water Management District, we have learned that their appeal
process is the applicant has 21 days to file an appeal, but the hearing
process itself varies in time length, so we don't know exactly how
long it would be before they go to hearing.
Staff has continued to do daily site visits to the property to
ensure that the product was being done in accordance with the site
plan. Upon receiving the denial letter for the Water Management
District ERP extension, staff posted a suspension of work for the site.
Additionally, we have also determined that the lake that is on site
never actually completed their county permits. They still are
missing the performance bond and the performance agreement.
Our staff's recommendations for moving forward are that the
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applicant reinstate their South Florida Water Management District
ERP permit; that they finish the excavation permit for the on-site lake
and have that permit approved; that the applicant be required to come
into our office for another preconstruction meeting prior to
continuing the crushing operation after they have received both their
ERP as well as the approval for the excavation permit.
As a condition of that preconstruction meeting, your moratorium
on importing additional crushing material would be prohibited. We
would also ask for additional emphasis being placed on dust control,
because we are entering the dry season, and the dust is a concern of
all of the neighboring residents. And, finally, that, as you all know,
the SDP is up -- will be expired in March of 2022, and prior to
issuing them an extension to continue any work on site, we would
recommend that at least 90 percent of the crushing has been
completed prior to an extension of that SDP.
Any questions?
CHAIRMAN TAYLOR: Thank you, Commissioner Saunders.
You have the floor.
COMMISSIONER SAUNDERS: Yeah, I just want to clarify.
Your recommendation is that, also based on the fact that we've
imposed a moratorium on the importation of this type of material for
rock crushing, that the property owner will be required to crush what
is there, at least 90 percent of it by March, and if it's not 90 percent
done, there will not be an extension of the SDP and that no more
material is permitted to be brought to the site.
MS. COOK: You are correct, sir. That is staff's
recommendation.
COMMISSIONER SAUNDERS: Right. And I have problems
with that recommendation.
CHAIRMAN TAYLOR: Okay, all right.
Commissioner McDaniel.
November 9, 2021
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COMMISSIONER McDANIEL: Just a -- because -- did we
implement a moratorium on all importation of construction debris for
the whole county or only on this site?
MS. COOK: For the entire county.
COMMISSIONER McDANIEL: I thought we did it for the
entire county.
COMMISSIONER SAUNDERS: But we didn't prohibit the
importation of concrete to facilities that are set up off site for
crushing. We have several recycling facilities that accept that
material; is that correct?
MS. COOK: Correct. For --
COMMISSIONER SAUNDERS: They're still --
MS. COOK: -- projects that are already approved to do that
operation, yes, but for development sites, correct.
COMMISSIONER McDANIEL: If we can have a discussion
about lifting the moratorium except for the -- on this particular site
until these parameters are met by our staff, because this is a normal
business practice that is done for elevating a site with people that
do -- that do have the proper permitting.
COMMISSIONER SAUNDERS: We imposed the moratorium
while the County Manager -- or County Attorney's in the process of
drafting an ordinance, so that should be fairly --
MR. KLATZKOW: You'll have the ordinance next meeting.
COMMISSIONER SAUNDERS: So we don't need to do that
until we get this ordinance in place.
MR. KLATZKOW: So the moratorium's -- the moratorium's
only until the ordinance is presented to the Board. And we'll just do
one reading, given the time period.
CHAIRMAN TAYLOR: So in theory we could have the
reading and then lift the moratorium. We don't have to have the
second -- we'll have a second --
November 9, 2021
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MR. KLATZKOW: I'm going to bring you an advertised
ordinance, and then you can make a decision what you want to do,
and the moratorium would end, whatever you decide to do.
CHAIRMAN TAYLOR: There's two readings to the
ordinance.
MR. KLATZKOW: You don't need two readings. We do two
readings for various reasons, but we'll do this as one reading. We're
running into Christmastime and everything else and --
COMMISSIONER McDANIEL: I had several phone calls
after our last meeting, and everybody was -- the folks I spoke with
were pretty much okay with this. But, I mean, this is site specific
with what we're endeavoring to do here because of permit issues,
ERP issues. I'm really concerned about the lake excavation that has
already transpired outside of our permitting parameters. That can be
very precarious for us. How is that rectified? How can somebody
actually dig a -- I mean, how can somebody dig a lake and not have a
performance bond and actually physically -- how could that happen
with us?
MS. COOK: I don't exactly know how it happened, but it was
an oversight by staff at the original preconstruction meeting. Staff
had thought everything was approved and in place, and during this
review of this project, we found that it wasn't done. So that would
be one of our recommendations, that that lake be finally approved.
COMMISSIONER McDANIEL: I would rather we not -- if we
could, limit the moratorium to this particular site, because it's the one
that's of issue, without putting a limitation on all of our contractors
and all of our property owners in Collier County that use the
construction debris as a mechanism to elevate their sites. That's
what I'm looking for. I certainly agree with this process which limits
the importation.
You keep raising your hand, so...
November 9, 2021
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CHAIRMAN TAYLOR: Commissioner Saunders, this is your
issue.
COMMISSIONER SAUNDERS: Well, part of the reason that
I had suggested the moratorium is that we don't want this type of
situation to evolve anywhere else in the county. It's normal process
for a property owner, if they tear down a shopping center, for
example, to crush the material there, and there's no issues with that.
And that moratorium doesn't impact that.
I wanted to make sure that we didn't have a situation where
another property owner begins to import cement for crushing the
same as occurred at this location until we have our ordinance in
place. It looks like we're going to have an ordinance in place in two
to three weeks for consideration.
So I'll rather not lift that moratorium until we have that in place.
That was the reason for it. I've not gotten any phone calls from
anyone saying, hey, we've got a problem with that. And I'm not
saying that hasn't occurred to other commissioners. I just haven't
gotten any complaints. I don't know if staff has gotten any requests
for that, that you know of.
MR. FRENCH: Again, Commissioner, for the record, Jamie
French. We have gotten some calls. It's going to -- it just drives up
the cost of construction, because now they have to take it to a
processing facility.
And, you know, not to speak ill of Mr. Cadenhead or that
business practice, but he doesn't take this for free. He charges
people. He's running -- and then he processes it and makes it fill,
basically, inert materials.
COMMISSIONER SAUNDERS: I just want to make sure --
MR. FRENCH: So, yes, we have gotten calls, but nothing that
has been --
COMMISSIONER SAUNDERS: So they're taking the
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material to existing processing facilities as opposed to taking it to
Santa Barbara and Davis?
MR. FRENCH: Or other sites that have been approved that we
provided you, the four or five sites that we know that this is actively
going on that are already approved for construction. They just
redirected that material to sites for now.
COMMISSIONER McDANIEL: There's more than this one
that's in trouble. And I -- and that was my thought. If we -- we
seem to have this particular piece of property under control and just
limit the moratorium for the in-haul on this particular site until the
permit parameters are met by staff and not impact the whole county.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: I just want to make sure that I
understood what was just said. Mr. Cadenhead is being paid to
accept this material, he's crushing it, and it's being used for fill on that
site, right?
MR. FRENCH: Correct.
COMMISSIONER SOLIS: It's not being hauled off anywhere
else for fill?
MR. FRENCH: That would require a commercial excavation
permit. He's not -- he does not qualify for that.
COMMISSIONER SOLIS: Okay. So I just wanted to make
sure of that. But, you know, this moratorium did not also include
rock crushing just in general. It's concrete.
COMMISSIONER SAUNDERS: Concrete.
COMMISSIONER SOLIS: I mean, this is concrete, right,
recycled concrete?
MR. FRENCH: It would be the importing of that material to be
crushed on that site.
COMMISSIONER SOLIS: On that site. And there was five
other locations?
November 9, 2021
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MR. FRENCH: I believe there was four or five that I provided
to all of your aides.
COMMISSIONER SOLIS: Yeah. I mean, I remember the
discussion being we didn't want this to pop up anywhere else until we
had an ordinance that specifically addressed it. I mean, I agree with
Commissioner Saunders. I think if it's imminent that we're going to
get it at the next meeting, I wouldn't want there to be a mad dash to
create one of these things. And, frankly, I don't feel so certain that
we have this property under control.
COMMISSIONER SAUNDERS: I agree.
COMMISSIONER SOLIS: I mean, this is, what, the fourth
meeting we've had on this thing?
COMMISSIONER SAUNDERS: At least, yes, that's correct.
COMMISSIONER McDANIEL: We don't have --
COMMISSIONER SOLIS: I mean, I'm, frankly, tired of
having meetings about this property.
CHAIRMAN TAYLOR: So I would agree with Commissioner
Saunders and Commissioner Solis. So if there's no other discussion,
I'd like to have a motion, please.
COMMISSIONER SAUNDERS: Well, I would make the
motion to accept the staff recommendation that there's been a stop
work order issued. They'll have until March to crush a minimum of
90 percent of the material that's on site; there will be an additional
emphasis on dust control, because we're approaching dry season; that
no more material can be imported to that site, and that the property
owner come into compliance with the issues dealing with the lake as
well as with the crushing operations.
CHAIRMAN TAYLOR: I'll second that.
COMMISSIONER SAUNDERS: Does that capture everything
you need?
MS. COOK: Yes, sir.
November 9, 2021
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CHAIRMAN TAYLOR: All right. There's a motion on the
floor and a second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER SAUNDERS: The representatives of the
property owner, I don't know if they want to speak.
CHAIRMAN TAYLOR: I'm sorry. Are there any speakers?
I do apologize.
MR. MILLER: I do not have -- well, let me double-check.
No, I do not have any speakers on this; this was our add-on item,
correct? No.
CHAIRMAN TAYLOR: So there's a -- in the middle
of -- there's a motion on the floor and a second. All those in favor,
say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. those opposed
like sign.
Thank you.
MS. COOK: Thank you.
Item #11A
November 9, 2021
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AWARDING INVITATION TO NEGOTIATION #21-7898,
“COLLIER COUNTY SPORTS COMPLEX MANAGEMENT,” TO
SPORTS FACILITIES MANAGEMENT LLC AND AUTHORIZE
THE CHAIR TO SIGN THE ATTACHED AGREEMENT –
MOTION TO CONTINUE TO TIME-CERTAIN NOVEMBER 12,
2021 AT 11AM – APPROVED
MR. ISACKSON: Commissioners, I'd like to go to 11A, if we
can. That's a recommendation to approve the award of Invitation to
negotiate No. 21-7898, Collier County Sports Complex Management
to Sports Facilities Management, LLC, and authorize the chair to sign
the attached agreement.
Sean Callahan, your Deputy County Manager, will make a
presentation.
COMMISSIONER SAUNDERS: While Sean is getting ready,
Madam Chair, if I could just make one quick comment, because it
may have some impact on what Sean is going to be discussing.
I met with the Clerk yesterday and spoke with the Clerk last
week about several contractual issues that she had some concerns
with. Some of those I thought were very substantial. Some of
them, as she described, were just typographical types of things. But
as you're going into this, I will tell you, I'm feeling a little
uncomfortable with proceeding with this because there weren't any
further conversations with the Clerk. So as you're going forward
with this, just keep in mind that I'm a little uncomfortable with this
agreement right now.
MR. CALLAHAN: Understood.
CHAIRMAN TAYLOR: And, Commissioner Saunders, I echo
your concerns. The fact that there wasn't follow-up with the Clerk
when this information was given to staff when it was given, I don't
think is the way we want to do business in Collier County. I am -- I
November 9, 2021
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think this could have been worked out, and I actually asked for this to
be continued until the December meeting until these issues -- so that
we don't have to spend hours and hours going through this. This is a
100 and, what, 20-million-dollar facility, for Pete's sake. Why are
we doing this like this? And I have a question: Why were you not
able to meet with the Clerk? I know you said you met with her, but
she gave you a pretty detailed four pages of issues that she had
concerns about and never got a response from the County Manager's
Office.
MR. CALLAHAN: So we have her list of concerns, and I
believe we can address them today. I think the substantial ones there
might be some misunderstanding about what the intent of language is
in the contract. If necessary, we've spoken with the contractor.
They'd be willing to amend that language.
I mean, part of this is time, right? It needs to stay on this
agenda because our current contract terminates on November 22nd
with our representative in place now.
We've had several folks that have reached out to us that have
large events coming up at the complex wondering who they should
be coordinating with. So it's upon us to make a decision of who we
want to be in place to conduct this business.
CHAIRMAN TAYLOR: And I respect that, and I empathize
with that, which would underline absolutely the importance of you
responding to the Clerk in a timely fashion. If you're going to show
us something up here that we haven't reviewed in advance, I think it's
very unfair to this board.
I think we needed to see this. The Clerk did. The Clerk gave
us a response. It's now at two -- quarter to 3:00 in the afternoon
we're supposed to think this thing through and make a decision. It's
very unfair.
MR. CALLAHAN: Well, I'd also point out that the Board, at
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our last meeting, gave us some specific direction as to where to go to
bring this contract to a close with Sports Facilities Management. I
believe we've done that and are ready to present that today.
CHAIRMAN TAYLOR: But not -- then the Clerk's concerns
came forward, which we all have a copy of, and the response was not
forthcoming from the County Manager's Office.
MR. CALLAHAN: Okay. I don't think that we share the
concerns of the Clerk.
CHAIRMAN TAYLOR: Obviously.
MR. CALLAHAN: With that said, I think --
COMMISSIONER McDANIEL: Let's hear the presentation.
CHAIRMAN TAYLOR: Yep. I'm happy to do that.
MR. CALLAHAN: So anyways, good afternoon,
Commissioners. For the record, Sean Callahan, Deputy County
Manager.
Just to review, we've already kind of gone through the timeline,
but at your last meeting you did confirm the selection of the
number-one ranked firm, which was Sports Facilities Management,
and asked that the revenue splits be adjusted within the contract,
which we've done.
So just real basic, the contract summary, there's a five-year
contract with one five-year renewal option. There are no upfront
management fees or corporate services fees within the contract with
this contractor, which means they are fully incentivized and do not
receive compensation without meeting profitability milestones on net
operating income.
We believe that we have appropriate cost controls in place on a
fixed expense budget that's reimbursable by pay applications based
on contract deliverables. This is how we've been operating with our
current vendor for the past 18 months with minimal issues, and we'd
certainly appreciate the Clerk's Office working with that to ensure
November 9, 2021
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prompt payment and reconciliation.
The revenue will be reconciled on a monthly basis to offset
complex expenses, and the county maintains control over all uses and
agreements that will be executed at the complex.
So revised splits on net operating income for the county and
contractor. If you'll remember, it was proposed as a straight 50/50
split of all revenues that went into the complex due to the fact that
there were no upfront management fees considered. They have
resized that share of net operating income to be 50/50 on the first
million dollars of net operating income at the complex, 60/40 up to
two million; anything over two million is 80/20.
Commissioner Saunders, you had asked what the impact of that
was. So over the first five years of this contract, that results in an
additional $411,000 that would come to the county as compensation,
so those splits adjust. That's real savings. That's taken out of the
contractor's actual compensation that they're giving up. 411,000
may not seem like a lot, but it's in excess of what most firms have
proposed as a year-long management fee at the complex.
If you run the pro forma out about 10 years, you'd have an
additional $2.1 million that would come to the county in
revenue-share based on those revised operating -- operating splits on
the income.
Controls. So we were asked -- you know, there's been some
concerns that were raised about the county being able to present
control over the complex just due to some of the different bond
covenants and the way that the complex is financed. Right here
from the contractor, two different -- two different pieces of language.
One, the county shall continue to exercise a significant degree of
control over the facility included, but not limited to, approving the
annual budget of the facility, approving any capital expenditures with
respect to the facility, approving any disposition of the assets of the
November 9, 2021
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facility, approving the rates and charges for use of the facility, and
approving the general nature and type of the use of facility.
So if there's question about, you know, what things that we
would be looking to -- I think as staff, we would obviously work with
the contractor to make sure there was no improper use of the facility
and within there, there's another provision that limits that and talks
about improper, immoral, or offensive use, which could be cause to
terminate the contract with our contractor.
COMMISSIONER LoCASTRO: I have a quick question.
MR. CALLAHAN: Sure.
COMMISSIONER LoCASTRO: Sean, on the previous slide,
the split, give me the rationale. I mean, and I'm just -- I'm
spitballing here a little bit. But sometimes the split works the other
way. In order to keep the contractor motivated to make more money
and to bring more business into the stadium, you know, you give
them more of a percentage when they hit bigger figures. Why did
we do it the other way?
MR. CALLAHAN: Sure, happy to answer that, Commissioner.
So due to the fact that there's no upfront cost, right, so Sports
Facilities Management's proposal was unique in the fact that they
have no fixed management fee. Every other proposal that we've had
had $350,000, had some percentages of gross revenues. We know
spinning up that the revenue is actually going to be a loss leader in
the first year, and it's going to grow significantly over the years. So
that's why -- just the rationale of them not charging us an upfront
management fee combined with not having to pay for corporate
services fees, which we've seen in other proposals for things like
accounting and their back office corporate support, because they
forewent that, that's why we did the split of the --
COMMISSIONER LoCASTRO: What would entice them to
work harder? Like, if they hit the 1.5 million mark and they thought,
November 9, 2021
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wow, anything we do above and beyond that is sort of frosting. We
get 20 percent. I mean, it's still a significant amount.
MR. CALLAHAN: You're still making money.
COMMISSIONER LoCASTRO: But, I mean, I was just
curious -- it is. I was just curious, your conversations with them if
they were, like, oh, yeah, we're all for this. This is great.
MR. CALLAHAN: Yeah. I think we felt on the first million
dollars, because of the significant compensation that they forewent
vis a vis other types of proposals that we've seen, that we'd split that
first million dollars with them evenly.
Now, that could be adjusted if it's the will of the Board, but it
would require their agreement, so...
CHAIRMAN TAYLOR: And I have a question. The 411,000,
what is that based on?
MR. CALLAHAN: So if you remember correctly, there's a pro
forma of the first five years.
CHAIRMAN TAYLOR: You're basing it on their pro forma?
MR. CALLAHAN: Correct, right. So --
CHAIRMAN TAYLOR: Have you read the pro formas of the
management that they have done in other places like --
MR. CALLAHAN: We have.
CHAIRMAN TAYLOR: -- Rocky Top? They've never met
their pro forma. They've never met it.
MR. CALLAHAN: I think they provided specific examples --
CHAIRMAN TAYLOR: No, not what they provided. What
your office has been sending to us.
MR. CALLAHAN: Okay. Well, I'm happy to have the
contractor address that. You know, as we did in our procurement
process, we think we evaluated as apples to apples as we could and
brought it to the end of that. If there's concerns about the
contractor's performance at other venues, I'd be happy to ask
November 9, 2021
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Mr. Clement to come up and address that if you've got specific
questions about that.
CHAIRMAN TAYLOR: I think our County Manager pulled
the CAFRs of those stadiums. I think he can speak to it.
MR. ISACKSON: I think we're placing way too much
emphasis, frankly, on their pro forma. It was 20 percent of the
evaluation process. Excuse me, Sean. And I contribute $3 million
a year to the sports complex. The fact that I can reduce that
$3 million out of the General Fund would be fantastic.
Every audit I've looked at, these things don't make money when
you look at one year over the next in terms of net income. A lot of
infusion goes in from the municipal entity.
For me to sit here and project out one year let alone three and
four is a fool's errand. I can do one year real good, generally, but I
can't do two, three, and four. I think that's -- that's a stretch.
So to rely on pro forma numbers -- we asked each of those
vendors to give us an honest broker's opinion on what they thought
they were going to generate in income, and that's what they gave us.
That's my commentary on that.
MR. CALLAHAN: Moving on to the next slide, I'd just
add -- and this is obviously --
CHAIRMAN TAYLOR: Commissioner McDaniel has a
question.
COMMISSIONER McDANIEL: Go back to that last slide,
please. Two points I'd like to add. And, number one,
Commissioner LoCastro, at our last meeting I had a discussion.
There's an economy of scale. As your revenues go up, you, the
operator, can -- you have a fixed asset base, and you're pouring more
revenue over it, so your cost per unit goes down, which justifies a
higher rate to your land.
COMMISSIONER LoCASTRO: Oh, sure.
November 9, 2021
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COMMISSIONER McDANIEL: That was -- we had talked
about that two weeks ago. I did it back in the mining business.
Number two, my question with regard to the -- I had a -- I
expressed it to you yesterday, and that's the assertation of the net
income. That's a -- that's critical to me, because I really -- when I
was reviewing the agreement, I was having a difficult time
determining, how much are we exposed for with this contract? Is
this -- and I don't want to -- I don't want to make misleading
statements, but I was having difficulty in ascertaining what our
out-the-door number was maximum with this -- with this vendor.
MR. CALLAHAN: So if you go based on the pro forma in the
first year, they're showing about $21,000 loss overall, right? So, I
mean, that's what we evaluated and went with. Outside of that,
when you add in utilities, capital maintenance, and other -- our staff
that -- our county staff that's at the complex, you're out the door about
another 1.4 million.
COMMISSIONER McDANIEL: So plus/minus, our first-year
exposure potentially?
MR. CALLAHAN: On this contract?
COMMISSIONER McDANIEL: Yes.
MR. CALLAHAN: Specific, if they made no income, right,
and you took -- and you took their expenses -- so this is assuming
they generate no income -- and we do have a fixed expense budget
that they can't exceed without our -- or, excuse me, without our
approval, you would be looking at about $980,000 in expenses plus
the 1.5.
COMMISSIONER McDANIEL: That's already ours, and that
was where --
MR. CALLAHAN: It's 1.4, excuse me. So that's assuming
that they make no revenue in the first year, which I think is a bad
assumption. But they can't exceed those expenses, right? We have
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fixed expenses they cannot exceed. The biggest --
COMMISSIONER McDANIEL: So it's not an open checkbook
to them to cover their operating expenses and corporate expenses and
things along those lines?
MR. CALLAHAN: Not at all.
COMMISSIONER McDANIEL: Thank you.
MR. CALLAHAN: If we're unhappy with the performance of
our contractor, the previous contracts with our vendor had some long
lead times and some complicated termination provisions. We
switched that. It's 90 days out the door.
So, quite frankly, if they're not meeting our expectations, which
we've been very clear about -- and if we can get outside of the
procurement process, I hope all of you have the chance to sit down
with Sports Facilities Management and hear their ideas for the
complex. If we're not happy with it, as much as I think we will be,
we can terminate their contract with 90 days' notice.
COMMISSIONER McDANIEL: And just -- I have a quick
question with regard to that --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: -- and kind of leads into the
other portion. My other question that I had was, what's our
exposure? Assuming the termination were to take effect, what's
our -- what do we -- what are we obligated for after that 90-day
termination similar to the November 22nd termination that's
forthcoming? Is the existing contractor entitled to procured revenues
for booking and events going forward?
MR. CALLAHAN: They are not.
COMMISSIONER McDANIEL: Okay. And the same with
this -- with this --
MR. CALLAHAN: That's correct. Our hope would be that
were the contract to be awarded today, obviously, the first thing that
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we would want to sit down with the new vendor is to look at what's
on the immediate horizon so that we can make arrangements to
accommodate those events. Again, I think I mentioned there's a
gentleman with a large soccer tournament that's bringing about 600
teams in December who's worried about logistics and coordination on
that. And then for an extended period of time in the intermediate
range, to look at what events are on the books with our current
contract, which has our current contract prescribes, come over to us
and evaluate the effectiveness of those and whether or not they
should continue.
COMMISSIONER McDANIEL: So we're going to be able to
negotiate with the theoretical commitments that the existing vendor
already put in place for upcoming events going forward?
MR. CALLAHAN: The existing language in the agreements
that we have with folks with upcoming -- upcoming events booked at
the complex would allow us to terminate them at no penalty if we
want.
COMMISSIONER McDANIEL: If we needed to.
MR. CALLAHAN: Correct. I'm not saying we're going to do
that, just to be clear, since we're on public record.
COMMISSIONER McDANIEL: I just wanted to make sure
we -- I wasn't sure when I was reviewing this that we had that
flexibility, because you could get into a position with a vendor that
was heading out that would not necessarily do good things.
MR. CALLAHAN: I talked a little bit about timing. This was
in the email from that gentleman. Our staff recommendation is that
you move forward with an award today.
I would go to -- there's some language that came up in question
as far as revenues go that I think had some discussion around the fact
that, you know, the existing -- or the vendor, if they were awarded
this contract, could take stuff off books and, you know, we would be
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out of a lot of money.
There's two instances where that's come up in the Clerk's notes
that I could see the need to at least explain what the intent was or
clarify the provisions, the first of which is on revenue. It says
that -- shall not include ticket proceeds held by the manager and trust
for a third party and paid to such party. So that's with booking
platforms. Sometimes you'll see if you go on Live Nation and buy a
concert ticket, there's the actual ticket sale for $40, and there's a $2
fee that that platform charges. So the intent of that language is to be
able to exclude that $2 fee that would go to compensate that third
party.
Now, if that's really a huge concern that we're going to be
defrauded out of a bunch of money, we've talked to the contractor,
and we're willing to amend that.
And then on right of use by staff by manager --
COMMISSIONER SAUNDERS: Okay. So I see the vendor
is -- they're all shaking, yes, they would amend that. That's a big
issue. What would be the amendment? Because we're about to vote
on this contract, most likely, today.
MR. CALLAHAN: Well, I would think -- you know, they're
going to report on a monthly basis. Could they show us what the
revenue that's been withheld in a separate line item so that we're
reviewing it could be, I think that would be a good control. If it's
really to compensate a ticket fee through a booking platform, you
know, I would think that that would be a good way to evaluate and
ensure that we're not losing some significant amount of revenue.
CHAIRMAN TAYLOR: I wonder if we could hear from the
Clerk.
MR. CALLAHAN: Sure.
CHAIRMAN TAYLOR: Because I think the Clerk would be
helpful.
November 9, 2021
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MS. KINZEL: I'd like him to finish, Commissioner, if that's
okay.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER SAUNDERS: If you could clarify, I just
want to make sure that this language is clarified so the County
Attorney is satisfied.
MR. CLEMENT: We're comfortable putting whatever
language in there. Like in an instance that this would take place, we
have to disclose it to whomever our point of contact is in the county
so that everything's above board and transparent.
CHAIRMAN TAYLOR: That's what we need.
COMMISSIONER McDANIEL: Well -- and that to me is
satisfactory, because it's a control mechanism for us to be able to
continue to monitor going forward so that it doesn't get out of hand.
COMMISSIONER SAUNDERS: So if there's an approval
today, this language will be modified to reflect the comments of our
staff and the vendor in terms of moving forward with that.
COMMISSIONER LoCASTRO: And I think the County
Attorney understands that, so...
MR. CALLAHAN: And then there's a second situation where
the Manager shall have the right to utilize its employees as needed to
support the organization as a whole included, but not limited to,
travel and training and temporary staffing coverage. This vendor
currently has several venues across the country. We would hope that
we would allow them the flexibility to do that to support a large event
up in, I don't know, Ohio or wherever else they -- and they would do
the same for us when we do that.
And then on the Manager having the right to utilize the facility
to host events for its employees from time to time, no operational
budget cost. Again, you know, that's intended to be -- to allow them
to have employees on site for training events and otherwise, but if it's
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really that large of a problem and we think it's a Trojan horse, we
could, obviously, amend that language as well.
So those are the two areas I wanted to address.
COMMISSIONER McDANIEL: Can I ask a quick question on
the last one?
CHAIRMAN TAYLOR: Yes, of course.
COMMISSIONER McDANIEL: Does the existing contractor
have that similar circumstance within their agreement to allow their
employees to do -- to participate?
MR. CALLAHAN: They have -- yeah. I mean, we have a
temporary labor provision where they've had other employees come
in. I do not think that we gave them the right to use the facility to
host events for their company, but there have been specific instances
of agreements that we've worked out where they have utilized the
facility for that purpose. It wasn't just expressly put into the
contract, which, if we really wanted to strip this out, I mean, that
would be our approach to it. We would handle it like we did any
other event in the community. We would just go to Jason and say,
how many employees are you bringing down, and we would figure
out the cost.
COMMISSIONER McDANIEL: Basically, it would be on a
case-by-case basis, and they wouldn't have a carte blanche use of the
facility. Because, I mean, in an extreme circumstance, they
could -- they could -- yes, so let's strike it.
MR. CALLAHAN: I've got a head nod, okay.
Well, I'm happy to answer any questions. I think Mr. Clement's
here with his whole team, if you have any questions for him.
Again, our recommendation is to award this so that we can get
moving forward with delivering a world-class service at the sports
complex.
CHAIRMAN TAYLOR: I would like, with the indulgence of
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the Board, to bring the Clerk up. But it is time for a well-deserved
court reporter break. So we'll come back at 3:10. Thank you.
(A brief recess was had from 2:59 p.m. to 3:10 p.m.)
MR. ISACKSON: Commissioners, you have a live mic.
CHAIRMAN TAYLOR: Thank you very much. So at this
point, I know I asked for the Clerk to come up to respond to the
Assistant County Manager's presentation.
MS. KINZEL: Thank you, Chairman Taylor.
Well, let me just start out by saying this: I've spoken with each
of you. I spoke with the county representative, Mr. Callahan. I
have voiced our concerns over the last two meetings. I had
wished -- and it might have been great -- to get back together on these
items. That didn't happen.
My intent is always to make the contracts better. When we
have concerns of management -- remember, I'm not trying to tell you
policy. That is totally up to you. But whatever you do, I have to be
able to account for it.
So there are a lot of concerns with not only -- Mr. Callahan said
it's just like the 18 months. Well, no, it is totally a different
agreement. We don't yet have even the operating manual that
describes what the vendor's going to do. And, again, I just met the
vendors. All apologies. This has nothing to do with them and their
framework. They've been dealing with the county, and we will work
through a lot of these things.
My greatest disappointment is not being able to get together and
work through the items.
If the Clerk of Courts has concerns, I would love to work
through those concerns to the comfort of us all. It is not to the
benefit of the taxpayers nor to anyone else, in my opinion, to be
obstinate and refuse to even meet with me or speak with me on the
issues.
November 9, 2021
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Now, I met with Sean for an hour before the agenda even
dropped. I met with him last Tuesday. We gave him a draft for
discussion of all the items. I again reached out to Mr. Isackson on
Friday. No call back, no return, no willingness to discuss the
individual items.
Mr. Callahan comes up today, talks as though they are minor
things, $2 on an item for a ticket, whatever. Now, if you read the
language in the contract -- and I'm not the lawyer, but there are
several in the room -- the language is the language. When it says
things like ticket sales that will not be reported through their
transactions, ticket sales to what? Now, I understand if that's a
commission or an acquisition fee, but that's not what the word says.
And without an operating manual, we don't even have the
information as to what these events are going to be.
In addition to the operating manual, we don't have the costs.
Commissioner McDaniel said, well, what is this going to cost?
Commissioner Taylor asked about the pro forma. Mr. Isackson
brings forward, you can't go by pro formas. Well, wait a minute,
because that's the information in the book that I'm supposed to pay by
when they submit revenue or expenses from us to validate the net
cost of this event or whatever they're doing for the month.
If you look at the document that I received on the contract, it
says that we will pay monthly reimbursement, equal monthly
installments of payroll, and then it listed individual positions and
payroll, and beneath that in the contract it has their corporate
structure, principals, executives, but in other parts of the contract it
says that we're not paying any of those corporate executives, whether
it's by incorporation of the invitation to negotiate or in the actual
contract itself.
I've got conflicts all the way through this document, and I did
not say that that could never be worked out with this vendor. I
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would hope it would all be worked out so that I can track what I'm
supposed to pay on your behalf and so that I can pay it promptly and
correctly.
We already had a failed situation for 18 months with an existing
contractor. To do this on the fly in this manner when they knew they
had terminated the other vendor in May, they had chosen this vendor
in August, and the first time this was presented to us for the major
discussions were when it dropped on the agenda at the last meeting.
Now, we've worked diligently, and I think we've put together a
lot of the information that could be cleared up with us, but they've
been unwilling to do that.
So I understand that you have to make a decision today for the
operations, but I have to put on the record I'm very concerned when
they tell you, we borrowed on this item, and we borrowed under
nontaxable bonds. If the construct of this contract goes in a certain
direction and they do make gangbusters, you may need to address
those bonds.
Now, okay, we'll address that, the executive summary says,
within the next year and a half. The cost of that -- just the cost of
reissuance can be $750,000. If we thought we were going even in
that potential direction, why didn't we borrow the money under the
other taxable bonds?
So that's water under the bridge. We are where we are, and
we'll move forward with what happens. But as your comptroller, I
get very insecure with this method of preparing financial agreements,
and that's what this is. And there are multiple, multiple constructs
that you can do to manage anything. This one needs a lot of work.
As I said, you don't even have the operations manual. It says,
no corporate service fees in one area, payroll in another area. We
don't even have a list of your existing contracts. If you'll remember
a few meetings ago, the county staff asked to relocate a lot of the
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events or venues from other county parks into this park to
accommodate parking, size of the event, size of the venue. Okay.
Are those going to be included in our split with them on an income
basis? I don't know. There's no list of them. They say that will be
provided November 22nd when this is executed. We don't know. I
don't know what they're even considering for those items. These are
all things that we could have worked out.
But, again, I'll answer any questions if you have any. I've
spoken with each of you in detail on this. I'm just saddened and
frustrated, because I do want to move forward with you as a board,
with county management now that Mr. Isackson's back, and I -- I'm
just disappointed, significantly, that this is a big item for this
community, it's a big contract for this board and our citizens, and it's
being done in the way it's being done.
That's all I really have to say. Thank you.
COMMISSIONER McDANIEL: Don't go away.
CHAIRMAN TAYLOR: We've got questions here.
Commissioner McDaniel and then Commissioner LoCastro.
COMMISSIONER McDANIEL: Yes.
MS. KINZEL: Go ahead.
COMMISSIONER McDANIEL: You can't just walk away.
MS. KINZEL: Okay. Go ahead.
COMMISSIONER McDANIEL: And I understand the concern
with regard to your perceptions on how the agreement was
coordinated, done. You and I had a brief meeting yesterday to share
your concerns.
If this board were to approve the agreement as being presented
today, what would happen if you got to a spot where the vendor
submitted a pay request and you couldn't verify it?
MS. KINZEL: Well, we would follow a process that I would
hate to follow, but we'd have to get back and work it out with the
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vendors, as we usually do. If the information and documentation
could be presented, we would work through that, make sure it
comports to the contract in its final form. If we have a disagreement,
we'd have to bring it back to you, and the Clerk would be accused of
holding up payments. So that always bothers me, because I don't
think that's a good way to do it.
COMMISSIONER McDANIEL: Don't go down that rabbit
hole.
MS. KINZEL: But we try to work out anything. We pay
about 99 percent of our vendors, so...
COMMISSIONER McDANIEL: So the short answer is, is if --
MS. KINZEL: We work it out.
COMMISSIONER McDANIEL: Yes. The short answer is, if
the -- if you have a question on a request for payment and there's a
conflict or a misrepresentation or a misunderstanding specifically in
the contract, that will be, in fact, worked out. And in the event that
it's not satisfactory or not per the terms of the agreement, then we
have the right to, then, terminate that agreement if there is substantive
circumstances that can't be worked out.
MS. KINZEL: I would -- we already have a liaison with the
Clerk's Office and management. As we work through these next
couple months, I would like to work with someone else from the
Board with staff. I don't think that it's been productive lately to sit
with them and express these issues, so I'm not real confident that I
might make any headway moving forward.
So if Commissioner Saunders would maybe sit in a few times
and we'll go over some of the issues, or if I run into a payment or
contract discrepancy, work with that. I could work with Jeff and his
office in the County Attorney's Office to see if we can fine-tune some
of the language. The vendor seems totally agreeable with that. You
know, I always want to make the things work. I think that's what's
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so frustrating, but thank you.
COMMISSIONER McDANIEL: Yes, ma'am. Well -- and
that was where I was -- I was kind of looking to go. I mean, the goal
here is to work through the indiscretions that are potentially in any
contract, language, misunderstanding, so ons and so forth. And I
don't think that -- I'm pointing at Sean. I don't think that it was done
with malice. So having said that --
MS. KINZEL: I appreciate your opinion there, but I do -- I'm a
little concerned. And I will be honest the preferred way of doing
business is not agreeing to a contract and then working it out as you
go. That's not typical. I'm willing to do it if the Board -- if this is
what you want to work together on, that's okay. But I -- you know,
you don't usually do that.
COMMISSIONER McDANIEL: Certainly. Because you've
represented it might could have happened in a different form or
format --
MS. KINZEL: Yes.
COMMISSIONER McDANIEL: -- but it's not where we're at
here today.
MS. KINZEL: I agree.
COMMISSIONER McDANIEL: And I think as long as
everybody works cooperatively, and especially if Commissioner
Saunders is volunteering his time to make sure --
COMMISSIONER SAUNDERS: Sure.
COMMISSIONER McDANIEL: -- that I's are crossed and T's
are dotted [sic], we'll get through it.
MS. KINZEL: We always do. We've been doing this a long
time. That's why I wish it were less frustrating, but...
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: First, I don't feel under
pressure right now to approve anything, so, you know, your comment
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about, like -- you know -- and I know you're just, you know, talking
out loud. But the reality is, I mean, we could extend the current
contractor 30 more days if we don't feel right -- first of all, we've had
an unsuccessful contract for 18 months. A couple of more weeks,
another month -- I'm not saying that's my answer, but I'm saying I
don't feel like, it's -- hey, it's 51 percent good and move forward.
But I will take exception to something that you said. And I
don't mean this in a negative vein, but when you say, you know, we'll
move forward and we always work it out, let's go back to the FGCU
contracts, right. Their contracts were horrible, and in some cases
actually really good and required them to do very, very specific
things. You had very specific concerns about certain payments.
And I'm not saying this to beat up FGCU, but we want to learn from
past history. But we continued to pay them.
So the lesson I have here is, I want this thing ironclad and not
you coming up to us every 30 days saying, you know, this contract
was -- remember, it was always a little loose, and they're a great
contractor, and we all mean well and we're all adults here. The
bottom line is, I mean, I don't get my house painted unless I've got a
top -- a rock-solid contract. This is a 120-something-million-dollar
facility.
So I don't feel under pressure to do anything, and I want you to
be as vocal and as articulate as you can so that we -- our starting
contract is something that, as a county, we feel is the approved
solution because, as you and I have had conversations on previous
things that -- where you've gotten me up to speed as a new
commissioner, I think you took exception to some contracts, and
rightly so, and then we didn't work it out. You took exception. We
still cut the check. It was maybe wasted taxpayer money, maybe it
wasn't. So in this particular case, I don't want to do that again.
MS. KINZEL: No.
November 9, 2021
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COMMISSIONER LoCASTRO: I don't want to do that again.
MS. KINZEL: Well -- and you're absolutely right. My path
was to start and change some of the relationships and move forward.
That's what I wanted to do. But if you ask me right now, absolutely,
you should move this out. You should do something
that -- whatever you're doing right now, two wrongs don't make a
right. We need to fix this. We need to make it strong. We need to
make it so that everyone understands the language. It's great to point
to a paragraph and say, well, this is what we meant. Okay. I have
those two paragraphs on record. What do I do with the rest of it?
I guess I am going out of my way to say, I'm always committed
to working with you if that is your decision, but would I prefer that
we had time to work this out before you sign on the dotted line?
Absolutely.
COMMISSIONER LoCASTRO: See, and my major concerns
weren't those two paragraphs. Those -- okay. They were explained.
But I will echo that the time I spent with you and the comments that
you made, very, very detailed comments, they had merit. They had
merit.
MS. KINZEL: Thank you.
COMMISSIONER LoCASTRO: For sure. You know, for
sure. They might have an explanation, so I'm not saying that, oh,
God, somebody was trying to do something funky behind the
scenes --
MS. KINZEL: No.
COMMISSIONER LoCASTRO: -- but, you know, if that was
my contract personally for something in my house and you were
advising me, I would have taken a pregnant pause very quickly,
because your stuff had total merit.
MS. KINZEL: I would not sign and agree to this. I would
work with you on what you need to do, but I think it needs work.
November 9, 2021
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CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: One of the voices that's very
silent right now is from our attorney. We're talking about a rather
complex contract. The Manager has gone through an explanation of
some issues. The Clerk has gone through some explanation of
issues. But these -- this is a legal document, and I'd like to get some
information from Mr. Klatzkow concerning how this was all handled
through his office, because if there are inconsistencies in the
contract -- and I think the Clerk pointed out that there are actually
even some typos in the contract, little nit-picking things, but things
that are generally cleaned up in a contract.
So, Mr. Klatzkow, where are we with this in your office?
MR. KLATZKOW: We didn't have a lot time to review this
contract. We just didn't, all right. It was handed to us rather late in
the process, and we did the best we could to get it to this board. But
we would have appreciated more time.
COMMISSIONER SAUNDERS: And who in your office is
handling the --
MR. KLATZKOW: Scott Teach.
COMMISSIONER SAUNDERS: Is he -- he's not in the room
now. Is he --
MR. KLATZKOW: No, he's finishing up the resolution, but
I'm sure he'll be down momentarily.
COMMISSIONER SAUNDERS: Okay. Yeah, because I'd
like to hear what he has to say in terms of -- because I assume he
spent more time on this than you have.
MR. KLATZKOW: Far more time, yes. Scott's our primary
contract.
COMMISSIONER SAUNDERS: So if Scott can hear me, we
need him to come down here.
MR. KLATZKOW: Well, I'll go get him. It will take just a
November 9, 2021
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moment.
CHAIRMAN TAYLOR: I have a question. What I'm hearing
you say -- and I don't want to put words in your mouth. But what
I'm hearing you say is that this contract that you reviewed has
substantial problems with it, that unless they're corrected -- or unless
we are very clear what we want, like in the contract, we are going to
be in a position where we're going to agree to something that you
can't pay.
MS. KINZEL: That could happen. What I'm trying to convey
is there are so many items -- you know, Mr. Callahan was in
negotiations with them. He knows what they mean. I have to
translate those pro formas, the schedules, Exhibits B, D, F, E for
payroll, and make payments based on what's submitted to me. I
haven't seen representative documentation. We haven't seen the
operations manual that even describes what they do. There's no
information in the contract nor have we seemingly had an agreement
with the current vendor regarding inventories at the termination of a
contract, inventory counts.
This vendor has agreed to let the Clerk look at a lot of records
interestingly absent in -- both seem to be the bank reconciliations.
As custodian of your cash, by statute, by constitution, it does concern
me that the cash goes to a vendor's management account.
We require QPD, qualified public depository, which gives
governments certain protections on their funds that usually are not
provided to a vendor or business individual. Those are all things that
I would bring up and like to finalize and make sure the controls are
there to our comfort so that we can actually validate the net income
or loss, whichever it is, to the pro forma.
Several of the items look a bit loose in the way of who approves
a contract for sub-services, as long as they're reasonable. We'll give
them office space that's sufficient and suitable. How much office
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space is that? Are we giving them a building, or are we giving them
two offices? I don't know. There's obviously a cost or value
associated with those.
It says that they'll use the individuals to go to another facility.
So I'm assuming we wouldn't pay them the hours, then, at our facility
to go to work for another, but yet it says I'm going to make the
payroll payments in 12 equally -- 12 equal payments equally
throughout the year. I knew what I meant, see.
So those are all the types of things that I have been working on
with staff to look at. If I got an invoice, what does this contract say
how I pay it? And it's not clear.
COMMISSIONER LoCASTRO: Well -- and you had some
other concerns, too. It wasn't -- they weren't just typos.
MS. KINZEL: Right. It wasn't only that. You know, the list
of existing agreements, as I pointed out to Commissioner Taylor and
as a reminder, we pay several groups, rather large groups, over the
years. Football league was one of them. We've paid them
considerable funds out of TDC to come to Collier County. I would
assume that perhaps that contract would not be calculated into this to
give them a percent, or if we're going to reconstruct that, will the
money not come out of the TDT, come over to the stadium. I'd like
to understand the intent of those contracts that will be moved over.
Are they included or excluded? We don't have a list of those
agreements. They said that that will be forthcoming.
So, again, those are just the top of my head...
CHAIRMAN TAYLOR: Do you want to speak to Scott?
COMMISSIONER SAUNDERS: When you're
finished -- when the Clerk's finished.
CHAIRMAN TAYLOR: Are you -- I didn't --
MS. KINZEL: Oh, I'm finished, I mean, unless you have
another question. I could go on on little -- like I said -- and, you
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know, it says we'll do the 15th of the preceding following month.
Okay. I think that's a language typo, but what is that, even? It got
to the point in some of the language that I said, okay, who knows
what they mean. And that's very frustrating.
COMMISSIONER SAUNDERS: If you could stay there,
because I'm going to ask Mr. Teach if he could come up.
So where are we with this agreement in terms of -- from your
perspective? I understand you didn't have as much time, perhaps, as
you needed to go through it in detail. Have you spent some time
with the Clerk as well as on some of her concerns?
MR. TEACH: The Clerk and I have spoken on a couple
occasions, and she shared with me on Friday that she had a list of
questions. I have not been provided those questions, not by Crystal,
but staff apparently had, and I have not been -- you know, I can only
rely on the information that's provided me as far as questions or
concerns, even that the Clerk may have, and those have not been
provided me.
COMMISSIONER SAUNDERS: The question is: Have you
had sufficient time to go through this agreement to make sure that
there are no inconsistencies and that it's an agreement that the Board
would feel comfortable signing? Because I think that that would be
the job of the County Attorney's Office, to make sure that the
agreement meets all of our needs and is understandable and that you
can make a recommendation. So I am curious as to whether you can
even make a recommendation.
MR. TEACH: Well, Commissioner, based on the information
afforded to me, yes, I could. But to the extent that Crystal has
concerns, which I am not aware of, that have not been shared with me
regarding particular details that are outside of my knowledge, it's
hard for me to address those type of things.
COMMISSIONER SAUNDERS: Outside of that, you felt
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pretty comfortable with it?
MR. TEACH: Well, I can tell you this, like -- well, it's hard
to -- it would be nice to see what the particular concerns are. And I
know Crystal shared some of those. Some of those concerns that she
shared, for example, like the vendor's use of the facility, some of
those were for things, like, for training purposes and, you know, we
do that. We do provide -- it's not apples to apples but, you know, on
other projects. Sometimes we provided office space for engineers
and project managers to get together. So that's not an unusual thing.
To the extent that Crystal wants more specificity about how much
square footage and whatnot, we can do that. I mean, this is a park
facility. I don't know if there's meeting rooms and things of that
sort. We can identify something. I'm happy to get into that type of
particular rooms or whatnot. That was generalized, I agree.
You know, but, Commissioner, you know, I can tell you that I
have, you know -- and I've shared with Crystal, you know, we did
talk to bond counsel. Bond counsel provided us language. They
provided it in the previous agreement to sort of ease our concerns
regarding that because that was a big issue. I must have had three
conversations with him because that was a concern of mine as well.
I had a conversation with Crystal and Derek on that issue as
well. We rely on bond counsel -- I provided him with the entire
contract, provide -- so that he could review it in that context. And,
you know, if bond counsel would have said do not go forward, I'm
not going to go forward. That's not an area that I'm involved in.
But if the Board has concerns -- and it's -- obviously, it's been
expressed, what would be my recommendation? My
recommendation would be that if you -- and, actually, I made the
recommendation earlier, not -- you know, through staff, that, you
know, extend the current vendor. See whether we can extend it, and
then work on these details so that we get it into a position that the
November 9, 2021
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Clerk is comfortable with.
COMMISSIONER SAUNDERS: Madam Chair, could I make
one more comment?
CHAIRMAN TAYLOR: Yes, and then Commissioner
LoCastro, and then McDaniel.
COMMISSIONER SAUNDERS: Obviously, time is of the
essence. We need to get this thing done. I'm feeling a little
uncomfortable. But I'm just going to throw out an idea, see if the
Board has any interest in this, see if this might work. We have an
MPO meeting on Friday. We could continue this item until a
time-certain on Friday. MPO usually ends around 11:00. We could
continue this meeting until a time-certain, ask Mr. Teach and the
Clerk and our management staff and the manager of the facility to
work out all these details. You'd have two days.
MS. KINZEL: But, Commissioner Saunders, I'm actually out
of town. I'll be back on Tuesday. But I would be available by
phone. If I could do that agreement, that would be fine. And I
have -- the staff can meet with them, and I can contact in by phone.
But I did want you to know that I wouldn't be physically here.
COMMISSIONER SAUNDERS: But your staff has all of the
questions, and you'd be available by phone?
MS. KINZEL: Yes.
COMMISSIONER SAUNDERS: I'm going to throw that out.
I'd feel much more comfortable doing something like that to get more
eyes on this contract, and that would, perhaps, solve the problem of
expediency in getting this done quickly enough, because we have,
you know, plans for the park.
So I'll throw that out. I don't know, Mr. Isackson, if that's
something that you would find workable and --
MR. ISACKSON: I don't like the idea. I think you go and
extend -- you go and we ask for an extension of the current contract.
November 9, 2021
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There's too many issues, apparently, that the Clerk has that we have
to iron out, and you're not going to get that done in two days. I'm
sorry.
COMMISSIONER SAUNDERS: Why not? Why can't that be
done in two days? Bigger contracts than this have negotiated in a
shorter period of time. I don't understand why those details can't be
worked out over the next couple of days.
MR. ISACKSON: I'm giving you my caution. If you guys
want to pursue that, that's fine.
CHAIRMAN TAYLOR: I would agree with County Manager
Isackson. This is too important. It's a $120 million facility. We
extend the contract, recommendation of the Assistant County
Attorney. I think we can extend the contract and look at this in
December.
MR. ISACKSON: And if we can't extend the contract, then
we're flying blind.
COMMISSIONER SAUNDERS: Well, I'm going to say this
again, and I won't say it more than one more time. We have a very
competent County Attorney's Office. The Clerk has gone through
this agreement. I do not understand why we can't sit down -- have
you sit down in a room for the next couple of days and work out
these details. I do not accept that it would be impossible to do that.
That's just nuts.
MR. KLATZKOW: I think we can do that. I think my office
will certainly --
MS. KINZEL: I can do it tomorrow.
MR. KLATZKOW: Okay. So we can do that, and worst-case
scenario, we can't, we can't, but --
COMMISSIONER LoCASTRO: Let me interject here a little
bit. First of all, just because you review the contract and it's legally
sufficient doesn't mean it's a good contract, you know. So there
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could be plenty of things. So it's not an illegal contract, I get that,
but I think the concerns are valid.
I like what Commissioner Saunders is saying, but I think, you
know, out of respect for the County Manager as well, I appreciate
what you're saying, but I think, regardless of if you work it out or
not -- so I don't think the direction is work it out and come back here,
we're going to vote it on Friday. You might come back on Friday
and go, you know what, we spent the last two days, we did the max
of what we could, we can't get here from there, and on Friday we
could say, okay, extend the contract. I think it's the best of both
worlds.
MR. KLATZKOW: We can do the best we can. Always a
Board decision.
COMMISSIONER LoCASTRO: And if it's not good enough,
then on Friday after the MPO meeting --
MR. KLATZKOW: But the thing that gives me chills is the
County Manager's notation that you'd be flying blind if your existing
contract just doesn't want to --
COMMISSIONER LoCASTRO: But I think we'd check with
the current contractor immediately to make sure that --
MR. KLATZKOW: He has very little incentive to do much of
a job right now. You need to get this done.
COMMISSIONER LoCASTRO: Well, all right.
COMMISSIONER SAUNDERS: That's why I don't want to --
COMMISSIONER SOLIS: And having been there this
weekend, very little incentive.
COMMISSIONER LoCASTRO: Yeah. Well, then we've got
a lot to do in two days.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, I have a proposition,
and that's accept the County Manager's recommendations with regard
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to the existing contract, understand that the deficiencies -- purported
deficiencies by the Clerk's Office, questions -- by the way,
Commissioner LoCastro, there's no pressure to have to do this.
COMMISSIONER LoCASTRO: I agree.
COMMISSIONER McDANIEL: I get what you're saying.
But I think the necessity of diligence here in us moving forward, it
could be a better-worded contract. There maybe could have been
some better communication with the Clerk's Office. And I'm
not -- the TV's on, so I'm not going to say anything else about that.
It's not a perfect world, but I think, overall, that our moving
forward with this agreement doesn't put us in a precarious position.
I've already asked the Clerk what happens if there are circumstances
within the agreement that she can't be happy with. That's going to
delay the payment on those items for a certain period of time. The
new vendor takes over. We go forth and persevere. We work
through the issues that are, in fact, there, and maybe give direction to
staff to be more communicative with the agencies, other agencies that
are in review of these things so that we don't end up in this spot at the
'nth hour again.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: Could somebody from
the -- could you come up for a minute?
I want to make this statement so you understand. I want to go
forward with this contract. I appreciate the fact that you changed the
percentages, and I think everybody's trying to work together on this.
Now, I've suggested that because there are some inconsistencies
and there are some problems, that the Clerk has -- and, quite frankly,
I believe the County Attorney has some issues for not being that fully
involved in some of these negotiations. I've suggested that we put
this off until Friday to work out these details. Now, does that
present a problem for you guys?
November 9, 2021
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MR. CLEMENT: We can make that work. If we can -- part of
the concern here is because of the procurement process, we haven't
been able to engage in a conversation with any of the groups here, so
if we can open up that dialogue. I don't have any concerns in a day
that we can work through whatever the concerns are.
I would also -- we want to get to work. There's a lot to do.
And so our team -- our operational team here is ready to go. Waiting
till Friday isn't going to break anything. We could also, if -- and if
you're not comfortable approving it, you're not comfortable
approving it. We want to make sure you're comfortable with our
agreement, for sure, and our partnership.
We could approve and amend on Friday as well, if that helps.
So whatever works for you-all, we want to make sure you're
comfortable with the agreement because we want to be here a long,
long time.
COMMISSIONER SAUNDERS: All right. I'm going to
suggest to the Board that we delay this item until, say, noon on
Friday. We're all going to be here for an MPO meeting anyway. In
the interim, that all the parties get together, and especially with the
Clerk, and get these little nit-picking things resolved. Now, if we
need to say something about the procurement process so that opens
up a dialogue, I don't understand why --
MR. KLATZKOW: There's no reason my office can't chat with
the vendor.
COMMISSIONER SAUNDERS: Okay. So part of that
motion is, everybody's free to talk to everybody. But I would make
that suggestion. I'll feel much more comfortable. I think the Clerk
will. Quite frankly, I think Mr. Teach will feel more comfortable
having that opportunity, and then on Friday we'll vote for it.
CHAIRMAN TAYLOR: With all -- may I ask the vendor, are
you prepared to deliver an operational manual by Friday?
November 9, 2021
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MR. CLEMENT: We are.
CHAIRMAN TAYLOR: Good. That's very good.
MR. TEACH: Commissioner, if we could meet with the
Clerk's Office in the morning, I'm sure by the afternoon maybe some
of these things can be addressed, and we can provide something to
the vendor. You know, we're going to work expeditiously to address
these concerns.
And Crystal knows that I'm always more comfortable when the
Clerk is on board on these type of things, because we don't want to
get into a situation where there are payment issues.
MR. KLATZKOW: We've been working with the Clerk for
many years now, and I'm confident she'll have something.
MR. TEACH: And, Crystal, I think you and I have had a pretty
good relationship.
MS. KINZEL: And pretty good conversations about the
condition of the contract already.
Could I, Madam Chair?
CHAIRMAN TAYLOR: Yes, of course.
MS. KINZEL: Just one thing. I do want to put on the record,
this seems -- putting the vendor out, you know, they have an
expectation of being handled properly. We all would like to come
here, present, cohesively, agreements and things that are done. We
did not create this urgency at the Clerk's Office. We knew back in
May that we were terminating the other group. August 25th we
knew we had this agreement, and it got dropped on the agenda last
agenda.
I apologize for that. I want to work with staff so that this never
happens again. I would like to have upfront conversations so that we
can all do our job to the best ability for the taxpayers. That's my
goal.
So I apologize to the vendor. We'll work through this.
November 9, 2021
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COMMISSIONER SAUNDERS: And, you know, quite
frankly, I don't think apologies are necessary. Everybody's trying to
do the best they can. We've got a great vendor on board here. We'll
get through all of this. So that's my motion.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN TAYLOR: All right. We have a motion on the
floor and a second. We will have a special meeting called at noon
on -- noon on Friday or a little bit after depending on the MPO
schedule, but it will be immediately following the MPO -- MPO
meeting.
COMMISSIONER SAUNDERS: Yeah. No, you have to set a
specific time. You can't say immediately following because that
might -- it will be at 12 o'clock or later.
CHAIRMAN TAYLOR: So 12 o'clock, is that the time, would
you agree, or 11:00?
COMMISSIONER SAUNDERS: We can say 11:00.
CHAIRMAN TAYLOR: 11:00 or later. Let's make it 11:00
or later. Okay. So we have a motion on the floor and a second that
we will have a special meeting at 11:00 on Friday, the 12th, or later.
MS. KINZEL: One more question. If you have the operations
manual ready now, can we get it now?
MR. CLEMENT: Yes.
MS. KINZEL: Thank you. That will be a great step forward, I
think, in understanding the entire process from them.
CHAIRMAN TAYLOR: Good.
MS. KINZEL: Thank you.
CHAIRMAN TAYLOR: All right. So there's a motion on the
floor. And, Commissioner McDaniel, be short.
COMMISSIONER McDANIEL: Short now. Because it was
quick before. Now I've got -- 6-foot-4, I've got to be short.
CHAIRMAN TAYLOR: Now, that's your 30 seconds, sir.
November 9, 2021
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COMMISSIONER McDANIEL: I want to ask the County
Manager's Office -- because there are extraordinary circumstances.
There are extremities that have brought forth, the potentiality of
things that could go wrong with this agreement. What happens if we
don't come up with a solution by Friday and we are --
CHAIRMAN TAYLOR: Extend the contract.
COMMISSIONER McDANIEL: -- and we are in a position of
already terminating another vendor? Do we have to negotiate with
the existing vendor to have someone in contract or as, I think, you
said flying -- flying? Because, again, I'm not in concert with this
thought process. I think the Clerk raises some really good points. I
think that the agreement can, in fact, be -- these circumstances can be
negotiated, and we can have an agreement today and then work
through these things that have been raised up. And I have a concern
about delaying this to a special meeting.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: And the County Manager's
response to that is?
MR. ISACKSON: Well, it sounds like the County Attorney's
Office and the Clerk can get together and iron the language out
legally.
MR. KLATZKOW: No, no. We'll get together with your
office, too, Mark.
COMMISSIONER SAUNDERS: Yeah. I'm not sure if your
statement is that you're not going to be involved in this, that that's not
the intent. The intent is for the parties, which includes the Manager
and the County Attorney and the vendor and the Clerk, to work out
these details. So I assume you're going to participate.
MR. ISACKSON: Understood.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN TAYLOR: All right. So there's a motion on the
November 9, 2021
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floor and a second. Everyone understand the motion? All those in
favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign?
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Okay, 4-1.
Item #11C
RESOLUTION 2021-237: FURTHER CONSIDER A PREVIOUS
SUPPORT RESOLUTION ADOPTED BY THE BOARD
APPROVING THE EXPANSION OF THE COLLIER MOSQUITO
CONTROL DISTRICT – ADOPEDTED W/CHANGES
I think we can go to -- can we go to the Mosquito Control issue?
We have it up on the screen.
MR. KLATZKOW: I'm going to ask Troy to put the language
on the screen.
MR. MILLER: Just give me one second.
MR. KLATZKOW: I know.
CHAIRMAN TAYLOR: Troy, just to add to your busyness,
this is losing battery here.
MR. MILLER: I will get on that in just a second, ma'am.
CHAIRMAN TAYLOR: Thank you.
MR. KLATZKOW: Do it the old-fashioned way.
MR. MILLER: Here, I got it.
MR. KLATZKOW: You got it?
MR. MILLER: Yeah.
November 9, 2021
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MR. KLATZKOW: If you can just go to the last -- the very last
of it, second page. Single page, and scroll down.
All right. That's the clause, Commission. My understanding is
that the environmental groups are in favor of that clause.
CHAIRMAN TAYLOR: Have the -- I'm sorry. Excuse me.
Have the groups reviewed it, the environmental groups?
MR. KLATZKOW: Yes.
CHAIRMAN TAYLOR: You're fine with it?
Okay. So we have a nod from the chambers that the
environmental groups have reviewed this. Are we happy with it?
COMMISSIONER SOLIS: And the agencies as well.
CHAIRMAN TAYLOR: And the agencies, yeah.
MR. OWENS: If I may, I would just like to say the Collier
Mosquito Control District has not had an opportunity to discuss with
the County Attorney's Office our proposed changes. We don't think
it makes any substantive changes, but it's important, you know, that
we had these changes if we were to take this forward to the
delegation and try to bring it to the legislature. So we have not had
an opportunity to talk directly with the County Attorney. It's a little
awkward to talk about changes in this venue, but I'm happy to do
whatever.
MR. KLATZKOW: I'll do it right now. What change do you
want?
MR. OWENS: Okay. And let me just state for the record that
these changes have not been approved by the board of the Collier
Mosquito Control District, so I don't have authority and --
MR. KLATZKOW: This is the Board's resolution --
MR. OWENS: No, I understand. I just wanted to make that
clear for the record.
Our concern is that we want to make sure that this resolution,
since it amends and restates and replaces the existing resolution,
November 9, 2021
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actually has some form of legal description describing what the
expansion area is. And so we would recommend -- and I have
wording -- that it includes the exhibit that describes the expansion
area. This does not.
So if this is intended to approve an expansion area, it doesn't
necessarily describe what that expansion area is. It only talks about
what's excluded from that expansion area.
CHAIRMAN TAYLOR: But you have an exhibit?
MR. OWENS: Well, it's not referenced in here, so that was
part of our requested changes.
CHAIRMAN TAYLOR: And the exhibit --
COMMISSIONER SOLIS: It was attached --
MR. OWENS: It was former Exhibit B on your prior
resolution. Obviously in this one, I would recommend that it now
becomes Exhibit A.
CHAIRMAN TAYLOR: All right. I think we have the
previous resolution in front of us.
MR. OWENS: And I can -- you know, basically, if you -- and
it's a change to both paragraphs very similar. But if you go -- just
skip ahead to the last paragraph where it talks about "now therefore,"
we would like it to read, if you pick up the language, "approves the
expansion of the Mosquito Control District boundaries." Instead of
saying "except for the inclusion of," we'd like to say "into all areas
depicted and attached hereto as Exhibit A, less and except tax
exempt," and then pick up your language, "state and federal public
lands."
The only other comment we have is there is a reference to
Delnor-Wiggins Pass State Park. That is not part of the proposed
expansion.
MR. KLATZKOW: We took that out.
MR. OWENS: Okay. I wasn't aware of that. Okay. I was
November 9, 2021
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working from what you gave me.
MR. KLATZKOW: I understand.
COMMISSIONER SAUNDERS: No issues with that.
COMMISSIONER SOLIS: Those make sense to me.
MR. KLATZKOW: All right. Well, we can make those
changes easy enough, if you want to vote on them now. I don't think
you want me to bring it back.
MR. OWENS: And those changes would apply to the last
whereas clause as well?
MR. KLATZKOW: Yes.
MR. OWENS: Thank you.
CHAIRMAN TAYLOR: Okay. Are the attorneys on the
Board and the County Attorney comfortable with that?
MR. KLATZKOW: Yes.
COMMISSIONER SOLIS: It makes good sense.
COMMISSIONER SAUNDERS: I'll move for approval.
CHAIRMAN TAYLOR: I'll second that. 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 #11B
PROPOSED COLLIER COUNTY STATE AND FEDERAL
November 9, 2021
Page 199
LEGISLATIVE AND ADMINISTRATIVE PRIORITIES FOR 2022
– MOTION TO APPROVE W/LETTERS OF SUPPORT
MR. ISACKSON: Commissioners, that brings us -- we're
going to go to Item 11B, which is a recommendation to approve the
proposed Collier County state and federal legislative administrative
priorities for 2022.
John Mullins, your Director of Communications, will present.
MR. MULLINS: For the record, John Mullins, Director of
Communications, Government, and Public Affairs.
The proposed 2022 state and federal legislative and
administrative priorities are included in your meeting materials.
This document was produced in conjunction with the lobbying teams,
county management, and departmental staff and with your individual
input.
Now, this is not an exhaustive list, and it is a snapshot in time,
and we'll bring you any issues for which we cannot derive direction
from that document.
The topics are listed by section in alphabetical order, not by a
level of importance to staff or any particular member of the Board.
Selected issues and projects outlined in the document will be
presented by Chair Taylor at the legislative delegation meeting on
Wednesday, December 8th, at North Collier Regional Park exhibit
hall.
And given you were previously provided this document for
review, and given today's time and temperature, I'm going to simply
agree to answer any questions you may have on the 35 or so issues
contained therein.
I would only ask that any motion to approve also contain the
authority for the Chair to write any letters of support as applicable for
these particular items.
November 9, 2021
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CHAIRMAN TAYLOR: Are we okay with that?
(No response.)
CHAIRMAN TAYLOR: Now, the one thing I would like to
speak about, given the importance of the nursing home -- the veterans
nursing home and also the overwhelming emphasis the state has on
water, when I present to the delegation, I would like to highlight the
veterans nursing home, and I would also like to highlight the
septic-to-sewer initiative we have, which corresponds -- you should
know that FAC -- I'm a member of the water committee on FAC.
They carried forward what we brought them last year about the septic
to sewer, and they're bringing it forward again.
So I think it speaks well for success. And it's also an
issue -- the septic to sewer is to talk about counties that don't have a
great population to understand the importance of funding the
engineering. They may not have that -- they may not be shovel
ready like Collier County is, but they still need assistance in it. So
that would apply to rural counties also. So I'm very excited about
this, and I hope I have the consensus of my colleagues to go forward.
COMMISSIONER McDANIEL: Sure.
CHAIRMAN TAYLOR: And I do. And do you need a
motion?
MR. MULLINS: Yes, also with your authority to write any
support letters for the items contained herein.
CHAIRMAN TAYLOR: And I promise you will get copies of
those support letters. All right.
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: I have a motion on the floor and a
second. All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
November 9, 2021
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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.
MR. MULLINS: Thank you very much.
Item #11E
DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AND
BRING BACK FOR A PUBLIC HEARING AN ORDINANCE
ESTABLISHING THE 42ND AVENUE SE MUNICIPAL
SERVICE TAXING UNIT (MSTU) WITH A MAXIMUM OF FIVE
(5) MILLS, FOR THE REPAYMENT OF FUNDS IN THE
AMOUNT OF $72,231.00 USED TO MAKE EMERGENCY ROAD
REPAIRS ON 42ND AVENUE SE – APPROVED W/CHANGES
MR. ISACKSON: Commissioners, Item 11E, which was
formerly 16A20, was moved by Commissioner McDaniel. It's a
recommendation to direct County Attorney to advertise and bring
back for public hearing an ordinance establishing the 42nd Avenue
Southeast Multiple Service Taxing Unit, MSTU, with the maximum
of five mills for the repayment of funds in the amount of $72,231
used to make emergency road repairs on 42nd Avenue Southeast.
COMMISSIONER McDANIEL: Ms. Trinity Scott to give a
report or answer the question.
MS. SCOTT: For the record, Trinity Scott, deputy department
head, here to answer any questions you may have.
November 9, 2021
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COMMISSIONER McDANIEL: I don't have any questions. I
just would like to make a proposition that we limit the -- allow the
cap to be five but limit the expense to be one mill for two years at the
inception of this MSTU.
CHAIRMAN TAYLOR: How does that differ from what's
before us?
COMMISSIONER McDANIEL: When the government has the
right to charge you five, what do they do? Charge you five. I want
to hold it at one for two years. It has -- it's virtually no impact other
than extending out the payback for our -- for our expended funds for
a couple of years until we sort through it.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: Sure.
COMMISSIONER McDANIEL: That's my motion. I'd like to
make that motion for approval with the cap at five and -- the cap is,
per the total, five but hold it at one for two years.
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: And --
MS. SCOTT: This will be coming back next month for actually
establishing. This is just we're seeking today approval to be able to
advertise for the public hearing to establish the MSTU. So this will
be coming back December, but I'll work with the County Attorney's
Office to incorporate any necessary language.
CHAIRMAN TAYLOR: And budget-wise, are you
comfortable with that?
MS. SCOTT: Yes, ma'am.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: I'll second it.
CHAIRMAN TAYLOR: All right. So there's a motion on the
floor and a second to amend it following Commissioner McDaniel's
remarks. All those in favor, say aye.
November 9, 2021
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COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
MS. SCOTT: Thank you.
Item #9B
RESOLUTION 2021-238: REVIEW AND APPROVAL OF THE
2021 COMBINED ANNUAL UPDATE AND INVENTORY
REPORT ON PUBLIC FACILITIES AND SCHEDULE OF
CAPITAL IMPROVEMENTS AS PROVIDED FOR IN SECTION
6.02.02 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE AND SECTION 163.3177(3)(B), FLORIDA STATUTES
AND ADOPT A RESOLUTION THAT UPDATES THE 5-YEAR
CAPITAL IMPROVEMENT SCHEDULES – ADOPTED
MR. ISACKSON: Commissioners, Item 9B was moved -- it
was previously 17D -- by Commissioner Solis. It's a
recommendation to review and approve the 2021 Combined Annual
Update and Inventory Report on public facilities and schedule of
capital improvements as provided in Section 6.02.02 of the Collier
County Land Development Code and Section 163.3177(3)(b), Florida
Statutes, and adopt a resolution that updates the five-year capital
improvement schedules.
Mr. Bosi will present.
COMMISSIONER SOLIS: And, Madam Chair?
November 9, 2021
Page 204
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SOLIS: You know, I had not considered
that we would be starting this at 4:00 when I asked you. So feel free
to, as far as I'm concerned, to be as brief as you want to be. Again, I
just think that it's good for the public to understand this process that
we go through that's very time consuming.
MR. BOSI: Mike Bosi, Planning and Zoning director.
And the item that we have before you today, the AUIR/CIE, this
is a good-news item. This is a process Collier County undertakes
annually. It basically analyze -- or evaluates the expected population
growth over a five- and a 10-year period and then what's the
infrastructure requirements that we're going to need to meet the
levels-of-service standards.
It's going to set the concurrency management system for the
upcoming year for the developments. I think most people often
wonder, how do we know that there's enough capacity on our road
system, within our utility systems, for when we approve a project,
whether it be residential, commercial. The AUIR/CIE sets the
benchmark for that, sets our checkbook for concurrency, and this
allows you to be confident that the levels of service that the
community has expected is going to be maintained on a year-to-year
basis.
The Planning Commission had heard this at their October 21st
with the -- and recommended unanimously to adopt the AUIR and
transmit the CIE annual update.
With that, any questions you have -- but really it is, it's the -- it's
the unique character -- or the unique aspect that Collier takes to really
go to not only our concurrency level, which is our roads, our sewer,
wastewater, stormwater, parks, but we look at levels of service for
our EMS, for Sheriff, for Fire.
CHAIRMAN TAYLOR: Libraries.
November 9, 2021
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MR. BOSI: We go well beyond any other county, any other
jurisdictions to make sure the public is aware that we are trying to
provide and maintain what they expect in terms of levels of service
for any of our infrastructure providers. And to me, it is a good-news
item, but we don't need to belate it anymore. And any questions you
may have, I'll be happy to answer.
COMMISSIONER SOLIS: Well, just -- can you explain how
the level -- we set a level of service for any number of things which
then is broken down to a dollar value, right? Which then translates
to the Capital Improvement Plan.
MR. BOSI: Correct. Here's a real good example. Library
buildings. So you've got your new population that we're going to
expect over a five-year period, and then we have the level-of-service
standard. So for this AUIR, we expect 32,433 people over the next
five years. That's how many people we expect are going to be
coming in.
We have a level of service for libraries. We have a .33 square
feet per person. That's what we've adopted that we said that's the
appropriate standard. So now it's just math. How much do we
build? We multiple the 32,433 times the .33, and we need to build
10,703 additional square feet to maintain that level of service. That
formula is replicated for the majority of your infrastructure providers.
CHAIRMAN TAYLOR: Yeah. So -- okay. So we've got a
level of service. Who sets this level of service?
MR. BOSI: The Board of County Commissioners.
CHAIRMAN TAYLOR: Yes, but you recommend it, right?
You decide. I mean, because, you know, a level of service on roads,
correct?
MR. BOSI: No, no. I mean, we can make a recommendation
to the Board of County Commissioners, but the --
CHAIRMAN TAYLOR: The final -- no, we -- but the
November 9, 2021
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recommendations, what is it based on? I know -- I know that
there's -- because this is -- this is a progressive exercise from when
concurrency meant something in the state of Florida, correct?
MR. BOSI: Well, concurrency does still mean something in
Collier County.
CHAIRMAN TAYLOR: Growth management?
MR. BOSI: We -- the State of Florida has loosened -- in 2011,
the Community Planning Act loosened the requirements, and the only
thing that's required is stormwater and your utilities. That's the only
thing that's required by the State of Florida for concurrency.
Collier County has maintained all of its levels of concurrency,
whether it be school concurrency, whether it be parks, land
concurrency, whether it be transportation concurrency. So we've
always maintained that commitment, and that commitment to
concurrency is basically -- like I said, it's the commitment to maintain
the levels of service that we have for all of our -- all of our
infrastructure providers.
So when you say what is -- there's certain letter grades that are
assigned to individual roads, and those deal with how much traffic to
volume to capacity that there is associated with it, what's the delays
within the peak hours in terms of where it's the most taxed. And
that's how those levels of service are established, and every year we
come back, and you either maintain those or there may be a
recommendation from the Planning Commission or for staff to maybe
adjust. We adjusted law enforcement. We've adjusted jails. We've
adjusted levels of service for transportation system, for segments as
well. So it is a fluid process. But we are -- we're proposing
something that's consistent with what we presented to the Board last
year, a continuation of those individual projects.
COMMISSIONER SOLIS: And this is available on the county
website.
November 9, 2021
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MR. BOSI: It's available on the county website, and we have --
COMMISSIONER SOLIS: If anybody's interested.
MR. BOSI: We have about -- we have 15 -- 16 years available
on the website. So you could watch and see the consistency of what
we do as a county as a whole.
CHAIRMAN TAYLOR: But you were -- and I misspoke. But
you were mandated by the Growth Management Act, correct?
MR. BOSI: Yes. Concurrency started from the '89 growth
management requirement that we have to maintain levels of service
for the important systems within the county.
CHAIRMAN TAYLOR: I just -- compliments to Collier
County for maintaining that. I mean, that's just remarkable.
MR. BOSI: We are the -- we are one of the few counties that
still looks at DEO as if they still were almost a DCA, and the DCA
was the former name of them. And the DCA really did take a very
vested interest in local matters.
DEO doesn't quite -- they only -- they put their hands off. They
say, only if it's state significant. But we adhere to all the protocols.
We adhere to the concurrency management system, and we make
sure that we communicate with DEO, that we are continuing doing a
good job of planning, because we care about the future, and we want
to make sure people -- what they have come to enjoy for this county,
that we can maintain it as we grow, and we know that's a challenge.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER SOLIS: Can I say one more -- oh, I'm
sorry.
CHAIRMAN TAYLOR: Of course, of course.
COMMISSIONER McDANIEL: No. Go ahead. I'll wait.
COMMISSIONER SOLIS: I was just -- can you go back to the
slide that you had before, because then there's one -- there's one last
step. Oh, you passed. Yeah, so there's -- so we know that for
November 9, 2021
Page 208
libraries we've got to build 10,703 additional square feet. That then
goes to the capital improvement plan with a number --
MR. BOSI: Yes.
COMMISSIONER SOLIS: -- for constructing that amount of
space.
MR. BOSI: Well, what we do is we look at the inventory. A
lot of times we'll have -- we'll have excess space. So it will be
satisfied. But it we are deficient, then we have plans for that next
capital improvement.
COMMISSIONER SOLIS: And then that goes into our budget
that we review.
MR. BOSI: Yes. And this sets -- thank you, Commissioner.
This helps set your stage for your discussion of your budgetary
process that starts to begin, I believe, in February of next year.
COMMISSIONER SOLIS: That's all I've got.
MR. BOSI: So this is one large continuum of recognition
looking at what we have to be prepared for, understanding of what
those trends are, modifying our budgets appropriately, and then
modifying our capital plans based upon those trends and changing
patterns of trips.
COMMISSIONER LoCASTRO: This example is hypothetical
for the library, right? Just to show us the math, or this is --
MR. BOSI: No, this is the level of service. This is what -- for
the five-year period, this is what's required to maintain that level of
service.
CHAIRMAN TAYLOR: Now, the conundrum is where you
build it, but that's another question.
MR. BOSI: Well, yes. That's a whole 'nother discussion, but
we have tools for that as well.
COMMISSIONER McDANIEL: There is another conundrum,
and that is money.
November 9, 2021
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CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: And these
level-of-service -- I mean, these are all good things, but as we're
going forward with this -- because I'm in support of this going
forward. This is how Collier County has conducted business for
millennia, but there are other ways to get to this same point and have
the proper priorities in place. This is a nice thing for us to do to be
meeting the set board recommendations of level-of-service, but that's
not always the case.
And you have listened yourselves, in the recent past, about the
deficiencies of our infrastructure, our road systems, and so on and so
forth, because these level of services get adjusted on a budgetary
basis based upon the particular constraints that are coming on. So I
just recommend to you -- financial constraints. I recommend that
you speak with the County Manager and talk about some potential
ways we may be able to get to where we're going in a different
manner.
CHAIRMAN TAYLOR: Thank you very much. Are you
fine?
COMMISSIONER SOLIS: That's it. Thank you.
CHAIRMAN TAYLOR: All right. Thank you.
MR. BOSI: And I would say, we are seeking a
recommendation of approval to -- approval of the 2021 AUIR and
adoption of the CIE.
COMMISSIONER SOLIS: So moved.
COMMISSIONER McDANIEL: So moved -- second.
CHAIRMAN TAYLOR: Second.
COMMISSIONER McDANIEL: Third.
CHAIRMAN TAYLOR: Motion on the floor and a second.
All those in favor, say aye.
COMMISSIONER SOLIS: Aye.
November 9, 2021
Page 210
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Thank you. Thank you for staff that
are here also to speak to this. Thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. ISACKSON: Commissioners, that brings you to Item 15,
staff and Commission general communications. The Board wanted
to revisit three specific issues regarding in-person attendance at board
meetings. One is service awards; two is in-person proclamations;
and three is Business of the Month. We've been doing a lot of this
remotely. What's your pleasure? Do you want to continue
remotely, or do you want to bring them in in person?
CHAIRMAN TAYLOR: I'd like to bring them in in person.
COMMISSIONER LoCASTRO: I'd like to -- I think we offer
that they come in, and if they decide not to and they want to do
remotely, that's fine. But they need to know they have the option
now to come in person. And hopefully most of them will come.
COMMISSIONER McDANIEL: That's a fine way to do it
because our -- it still allows for that individual to make a decision.
COMMISSIONER LoCASTRO: Choice.
COMMISSIONER McDANIEL: Correct.
MR. ISACKSON: The second item I have is some
correspondence from the Florida Association of Counties regarding
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Page 211
participation in their Broadband Infrastructure Policy Committee.
I'll let Commissioner Taylor discuss aspects of this with the Board.
CHAIRMAN TAYLOR: This was directed to me because I'm
chair. They want a commissioner from each of the counties that are
part of FAC, and we're all part of FAC, to be involved in the
expansion of broadband and can be considered broadband county
champions.
COMMISSIONER SAUNDERS: I thought we did that
already.
CHAIRMAN TAYLOR: No. No one volunteered.
COMMISSIONER SAUNDERS: I thought I was volunteered
by the Board.
CHAIRMAN TAYLOR: I wasn't sure you were.
COMMISSIONER SAUNDERS: Which I'm willing to --
COMMISSIONER SOLIS: He is now.
CHAIRMAN TAYLOR: Oh, you are? He is now.
COMMISSIONER SAUNDERS: I'm willing to forego it,
but --
CHAIRMAN TAYLOR: No, no, no. I was looking at
Commissioner McDaniel, but if you're willing to do this, that's fine.
COMMISSIONER McDANIEL: He's already --
CHAIRMAN TAYLOR: You heard it. He put it on the
record. He's done.
COMMISSIONER McDANIEL: Commissioner Saunders was
already the anointed FAC representative, and I just thought he had
this. I'd be happy to do it if he doesn't want it, because this is a huge
issue in the east.
COMMISSIONER SAUNDERS: No, no. Mr. Likens is
already doing some research on what's involved with all this.
CHAIRMAN TAYLOR: Oh, good. Oh, good. So we're --
COMMISSIONER SAUNDERS: He's going to help me -- he's
November 9, 2021
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going to help me understand what broadband is.
CHAIRMAN TAYLOR: Oh, good.
COMMISSIONER SAUNDERS: And --
CHAIRMAN TAYLOR: So you can speak -- you know, that's
what the M-CORES was all about, right, expanding broadband.
Anyway, thank you very much.
MR. ISACKSON: That's all I have.
CHAIRMAN TAYLOR: Commissioner -- or County
Attorney?
MR. KLATZKOW: Nothing, ma'am. Thank you.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: I think it was a tough meeting
today, but I will say that while we have some important things to
work out on this contract, I take exception with the implications that
were made that somehow our County Manager's staff was not
somehow above board in trying to work on this contract. I take
exception to that, because this is a tough situation in a change that
needs to be made, and it needs to be made in a hurry, and I think that
that is completely unfair.
That's all I've got.
CHAIRMAN TAYLOR: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I want to say something on a
positive note. I think it was really classy and really meaningful that
we started the meeting with the veterans that were here. I mean, I
served in the Air Force for 24 years in some areas that you never
want to go to. So did they.
As veterans, we always say we stand on the shoulders of giants.
Those World War II vets that were here, those are the giants that we
talk about, because they saw some pretty horrific things. And even
the ones that talked about just driving an ambulance in Wisconsin or
whatever they did, you know, when you put on the uniform, you
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serve. And so I know we're all proud of our service. And I would
just lastly say, we have a lot of veterans that work for our county.
I've met so many of them that have come up to me, Colonel
LoCastro, you know, just -- I was in the Air Force, and you'd be
surprised. There's probably some people here working for the
county that you-all know on a first-name basis but you didn't realize
they served four years in the Marines, five years in the army, or what
have you. And so, you know, I'm meeting people every day, and I
just think it was a great start.
And know the difference between Veterans Day and Memorial
Day. If you go up to a veteran and say, "Happy Memorial Day," you
know, it's insulting. Memorial is about those who have fallen and,
you know, who didn't come home. Veterans Day is honoring people
who have worn the uniform. So you say "Happy Veterans Day," not
"Happy Memorial Day."
So I made a video for the county, and one of the things I said is,
veterans, you know, take exception to watching on TV and seeing
that Veterans Day seems to be all about mattress sales and car sales
and, you know, it shouldn't really be about that unless maybe the
veterans are getting a discount. But a lot of times, it's, you know,
"Happy Memorial Day; 10 percent off of your Kia." That's really
disrespectful, you know, on Memorial Day.
But thanks to whoever arranged for the veterans, you know, to
be here. I think it was great and, you know, you meet anybody in
their '90s who can stand up, salute, and said they served is a pretty
cool thing, so thank you.
CHAIRMAN TAYLOR: Commissioner Saunders.
COMMISSIONER SAUNDERS: I have one item that I think
we just need to address. And we all got letters concerning some of
the panhandling at various intersections, and -- pardon me. We can't
adopt an ordinance that prohibits panhandling. That would be
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impermissible. But we can adopt an ordinance that involves safety,
traffic safety and to prohibit activities in the medians. A lot of
communities are doing that.
I know we've all experienced coming up to a traffic light. And,
I mean, it's a very sad situation for those people, so I don't want to be
sounding like I don't have any sympathy for those folks that are
trying to get enough money to find a place to spend the night, but we
do have a traffic safety issue, I think, associated with that. And I
would just throw out for consideration as to whether the Board might
want to take a look at an ordinance to prohibit certain activities in the
medians to make sure that we are maintaining safety of the motoring
public and the individuals.
CHAIRMAN TAYLOR: I think our County Attorney is
looking into that. I sent him an email about that with the Sheriff's
Department.
MR. KLATZKOW: We've been working with the Sheriff now
for some time on this. The issue was raised by the Sheriff, and I
have an ordinance. It will be on your next agenda.
CHAIRMAN TAYLOR: Great. That's it, sir?
COMMISSIONER SAUNDERS: That's it.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER McDANIEL: And I like the idea of
approaching from a safety standpoint. I really wasn't aware that we
couldn't prohibit that type of activity on our right-of-ways, so now I
know.
Other than that, no, I have nothing else other than Happy
Veterans Day and Happy Thanksgiving.
CHAIRMAN TAYLOR: Just briefly. I was asked to come to
Shula's Steakhouse on Friday night to celebrate the birthday of -- the
246th birthday of the Marine Corps, and they had a Lieutenant
Colonel Edwards there who was in Afghanistan, third tour when a
November 9, 2021
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bullet caught him, and he was in a wheelchair; wife with two
children. And he was talking to a Vietnam vet. Both these men are
residents here, who was also in a wheelchair. And it was such a
lesson for me to see the sacrifice that our veterans have given us.
And, again, I want to thank you, Commissioner Saunders, for
championing the veterans nursing home because, clearly, there's a
need for it. And we -- we pass them on the street, we pass them in
the store, and we don't know what their stories are, but I think it
behooves us in this very special time to remember, those who have
been injured, but also those as -- that were here today and just say
thank you. So on that, we are adjourned.
****Commissioner Solis moved, seconded by Commissioner
Taylor and carried that the following items under the Consent
and Summary Agendas be approved and/or adopted****
Item #16A1
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
POTABLE WATER AND SEWER UTILITY FACILITIES FOR
FRONTERRA PHASE 2A, PL20180003266 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 #16A2
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR SPRINGS AT HAMMOCK COVE PHASE 4,
PL20190002783, AND AUTHORIZE THE COUNTY MANAGER,
November 9, 2021
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OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $7,968.06 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT
Item #16A3
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
AND ACCEPT THE CONVEYANCE OF A PORTION OF THE
SEWER UTILITY FACILITIES FOR 2061 SUNSHINE BLVD.,
PL20210002229
Item #16A4
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR BRENTWOOD LAKES PHASE 1A, PL20200000350 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
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER AND SEWER UTILITY
FACILITIES FOR THE PRH MEDICAL OFFICE BUILDING,
PL20210001404
November 9, 2021
Page 217
Item #16A6
RECORDING THE FINAL PLAT OF ISLES OF COLLIER
PRESERVE PHASE 16 (APPLICATION NUMBER
PL20210000695) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
Item #16A7
RECORDING THE FINAL PLAT OF SOLUNA, (APPLICATION
NUMBER PL20210000514) APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
Item #16A8
RECORDING THE FINAL PLAT OF TERRENO AT VALENCIA
GOLF AND COUNTRY CLUB – PHASE 1, (APPLICATION
NUMBER PL20200001880) APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
Item #16A9
AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT
83, THE LODGINGS OF WYNDEMERE, SECTION ONE,
ACCORDING TO THE PLAT THEREOF AS RECORDED AT
November 9, 2021
Page 218
PLAT BOOK 13, PAGE 8 OF THE PUBLIC RECORDS OF
COLLIER COUNTY
Item #16A10
DEVELOPER AGREEMENT ASSOCIATED WITH THE LAND
EXCHANGE OF THE COUNTY’S 3.7 +/- ACRE PARCEL (LESS
AND EXCEPT NORTHERN 0.6+/- ACRES), TO BE REPLACED
WITH THE 5.0 +/- ACRE PARCEL OWNED BY GM ADVISORS,
LLC SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
IN THE DEVELOPER AGREEMENT
Item #16A11
THE PURCHASE OF PROPERTY (PARCEL 157FEE) REQUIRED
FOR MAINTENANCE OF THE LAKE KELLY OUTFALL EAST
OF BAYSHORE DRIVE WITH AN ESTIMATED FISCAL
IMPACT OF $52,500 FROM WITHIN THE STORMWATER
CAPITAL IMPROVEMENT FUND (325) AND APPROVE THE
REQUIRED BUDGET AMENDMENTS
Item #16A12
AWARD OF INVITATION TO BID NO. 21-7906 “PETERS
AVENUE SIDEWALK PROJECT – GRANT FUNDED” TO
COASTAL CONCRETE PRODUCTS, LLC D/B/A COASTAL
SITE DEVELOPMENT IN THE AMOUNT OF $247,365.75 FROM
WITHIN THE TRANSPORTATION GRANT FUND (711) AND
AUTHORIZE THE CHAIR TO EXECUTE THE ATTACHED
CONSTRUCTION SERVICES AGREEMENT
November 9, 2021
Page 219
Item #16A13
A BUDGET AMENDMENT FOR THE TRANSPORTATION
ENGINEERING DIVISION IN THE AMOUNT OF $6,891,474.66
TO FUND THE REMAINING FOUR (4) INFRASTRUCTURE
SALES SURTAX PROJECTS UNDER THE VARIOUS
SIDEWALKS PROJECT CATEGORY
Item #16A14
AUTHORIZING NECESSARY BUDGET AMENDMENTS TO
REALLOCATE FUNDS, IN THE AMOUNT OF $825,000,
WITHIN THE GROWTH MANAGEMENT DEPARTMENT
STORMWATER BOND FUND
Item #16A15
AWARDING REQUEST FOR PROFESSIONAL SERVICES NO.
21-7902, “GOODLETTE-FRANK STORMWATER & DITCH
IMPROVEMENTS (SECTION B)” TO AIM ENGINEERING &
SURVEYING, INC., IN THE TOTAL AMOUNT OF $674,360.23
FROM WITHIN THE STORMWATER BOND FUND (327),
AUTHORIZE THE CHAIR TO SIGN THE AGREEMENT, AND
APPROVE THE NECESSARY BUDGET AMENDMENTS
Item #16A16
AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES
FOR A JOINT STORMWATER AND WATER UTILITY
PROJECT FOR BROOKSIDE, SITUATED ON HARBOR LANE,
HOLIDAY LANE, AND HARBOR PLACE
November 9, 2021
Page 220
Item #16A17
A PROPOSAL FROM HUMISTON & MOORE ENGINEERS FOR
THE STATE REQUIRED ANNUAL MONITORING OF COLLIER
COUNTY BEACHES AND INLETS FOR 2022 UNDER
CONTRACT NO. 18-7432-CZ AND RECOMMENDATION TO
AUTHORIZE EXPENDITURE OF TOURIST DEVELOPMENT
TAX FUNDS FOR A NOT TO EXCEED AMOUNT OF
$170,460.00 AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM
Item #16A18
A WORK ORDER WITH TAYLOR ENGINEERING, INC., TO
PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
THE 2022 DUNE PLANTING AND EXOTIC VEGETATION
REMOVAL PROJECT AT VANDERBILT, PARK SHORE, AND
NAPLES BEACHES FOR TIME AND MATERIAL IN THE
AMOUNT OF $32,444 UNDER CONTRACT NO. 18-7432-CZ,
AUTHORIZE THE CHAIRMAN TO EXECUTE THE WORK
ORDER FOR THE PROPOSED SERVICES AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM
Item #16A19
AN INCREASE IN THE COLLIER METROPOLITAN PLANNING
ORGANIZATION’S (MPO) PLANNING (PL) GRANT FOR
FISCAL YEAR (FY) 21/22 AND AUTHORIZE NECESSARY
BUDGET AMENDMENTS IN THE AMOUNT OF $80,988
Item #16A20 – Moved to Item #11E (Per Agenda Change Sheet)
November 9, 2021
Page 221
Item#16B1
RESOLUTION 2021-228: A DECLARATION OF RIGHT OF WAY
EASEMENT FOR THREE COUNTY OWNED LOTS (1, 2, AND 3)
LOCATED ON BAYSHORE DR. AND THOMASSON DRIVE TO
CORRECT A 25 FEET RIGHT OF WAY DISCREPANCY
Item #16C1
A “SUBORDINATION OF COUNTY UTILITY INTERESTS”
(SUBORDINATION AGREEMENT) AS REQUESTED BY THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO
COMPLY WITH FDOT EASEMENT REQUIREMENTS
Item #16C2
AWARDING INVITATION FOR QUALIFICATIONS #21-7859,
WELL DRILLING, TESTING, AND MAINTENANCE, TO
SOUTHEAST DRILLING SERVICES, LAYNE CHRISTENSEN
COMPANY, WELLS & WATER SYSTEMS, INC. AND A.C.
SHULTES OF FLORIDA, AND APPROVE THE AGREEMENTS
Item #16C3
AUTHORIZING THE CHAIR TO SIGN A FIRST AMENDMENT
TO CONTRACT NO. 19-7637, “GOLDEN GATE CITY
TRANSMISSION WATER MAIN IMPROVEMENTS DESIGN,”
WITH JOHNSON ENGINEERING, INC., PERTAINING TO THE
DESIGN OF STORMWATER REPLACEMENT WITHIN
GOLDEN GATE CITY, IN THE AMOUNT OF $305,760.00
November 9, 2021
Page 222
Item #16C4
AWARDING REQUEST FOR QUOTATION (“RFQ”) NO. 2108-
008, “NCRWTP RE-ROOF (AREAS 9,11,12,13,14) - 5 ROOFS
TOTAL” UNDER AGREEMENT NO. 19-7539 FOR ROOFING
REPLACEMENT CONTRACTORS, TO FA REMODELING AND
REPAIRS, INC., IN THE AMOUNT OF $724,390.00 FROM
WITHIN THE WATER CAPITAL FUND
Item #16C5
THE SELECTION COMMITTEE’S RANKING FOR REQUEST
FOR PROPOSAL (“RFP”) NO. 21-7919-ST, “CMAR FOR
COLLIER COUNTY MENTAL HEALTH FACILITY," AND
AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS
WITH THE TOP RANKED FIRM, DEANGELIS DIAMOND
CONSTRUCTION LLC, SO THAT A PROPOSED AGREEMENT
CAN BE BROUGHT BACK FOR BOARD CONSIDERATION AT
A FUTURE MEETING
Item #16C6
STANDARD SUPPORT SERVICES AND LICENSING
AGREEMENT NO. 21-033-NS, FOR INTEGRATED POINT OF
SALE/VEHICLE SCALE SOFTWARE MANAGEMENT AND
ACCOUNTS RECEIVABLE SYSTEM, WITH PARADIGM
SOFTWARE, LLC.
Item #16C7 – Continued to the December 14, 2021 BCC Meeting
(Per Agenda Change Sheet)
November 9, 2021
Page 223
RECOMMENDATION TO APPROVE THE SELECTION
COMMITTEE’S FINAL RANKING FOR REQUEST FOR
PROPOSAL (“RFP”) NO. 21-7924, “CMAR FOR GOLDEN GATE
GOLF COURSE," AND AUTHORIZE STAFF TO BEGIN
CONTRACT NEGOTIATIONS WITH THE TOP RANKED FIRM
GATES GROUP LLC D/B/A GATES CONSTRUCTION, SO
THAT A PROPOSED AGREEMENT CAN BE BROUGHT BACK
FOR BOARD CONSIDERATION AT A FUTURE MEETING
Item #16D1
TWO (2) RELEASES OF LIEN FOR FULL PAYMENT OF
$52,503.72, PURSUANT TO AGREEMENT FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FOR OWNER-
OCCUPIED AFFORDABLE HOUSING DWELLINGS
Item #16D2
AUTHORIZING THE CHAIRPERSON TO SIGN NINE (9)
MORTGAGE SATISFACTIONS FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE
AMOUNT OF $156,025 AND THE ASSOCIATED BUDGET
AMENDMENTS
Item #16D3
A BUDGET AMENDMENT RECOGNIZING $3,157.43 IN
REVENUE RECEIVED UNDER THE HOME INVESTMENT
PARTNERSHIP PROGRAM
Item #16D4
November 9, 2021
Page 224
RESOLUTION 2021-229: TWO (2) SUBSTANTIAL
AMENDMENTS TO COLLIER COUNTY'S U.S DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FY2019-2020
ANNUAL ACTION PLAN TO REALLOCATE COMMUNITY
DEVELOPMENT BLOCK GRANT-CV FUNDING AND HOME
FUNDING TO EFFECTIVELY IMPLEMENT FEDERAL GRANT-
FUNDED PROGRAMS
Item #16D5
CHAIRPERSON TO SIGN THE SECOND AMENDMENT
BETWEEN COLLIER COUNTY AND THE SHELTER FOR
ABUSED WOMEN & CHILDREN, INC. FOR THE
ADMINISTRATION OF EMERGENCY SOLUTIONS GRANT
CARES ACT FUNDING PROGRAM
Item #16D6
AWARDING INVITATION TO BID (“ITB”) #21-7908,
“AQUATIC FACILITY SLIDE FLUME MAINTENANCE,” TO 8
BLOCKS MAINTENANCE CO LLC D/B/A SLIDEPROS, FOR
ANNUAL AQUATIC SLIDE FLUME MAINTENANCE AT
COUNTY AQUATIC FACILITY SITES IN THE ANTICIPATED
ANNUAL AMOUNT OF $63,205 FROM WITHIN THE PARKS
AND RECREATION CAPITAL FUND
Item #16D7
AUTHORIZING THE CHAIRPERSON TO SIGN THE SECOND
MODIFICATION TO THE FLORIDA DEPARTMENT OF
EMERGENCY MANAGEMENT HAZARD MITIGATION
November 9, 2021
Page 225
GRANT #H0390 AGREEMENT, TO ACCEPT $34,193.13 IN
ADDITIONAL FUNDING AND AUTHORIZE THE
ASSOCIATED BUDGET AMENDMENT
Item #16D8
CHAIR TO SIGN THE SECOND AMENDMENT TO
AGREEMENT NO. 19-7500 BETWEEN COLLIER COUNTY
AND G.A. FOOD SERVICES OF PINELLAS COUNTY, LLC
D/B/A G.A. FOOD SERVICE FOR THE SENIOR FOOD
PROGRAM
Item #16D9
"AFTER-THE-FACT" ELECTRONIC SUBMITTAL OF A FY21
COMMUNITY DEVELOPMENT BLOCK GRANT
CORONAVIRUS RELIEF FUNDING GRANT APPLICATION TO
THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
IN THE AMOUNT OF $981,067 FOR THE DESIGN AND
CONSTRUCTION OF A NEW GOLDEN GATE SENIOR
CENTER FACILITY
Item #16D10
AN AMENDED AND RESTATED LEASE AGREEMENT WITH
MHP BEMBRIDGE, LLC AND THE ASSOCIATED GROUND
LEASE NON-DISTURBANCE, ATTORNMENT AND ESTOPPEL
AGREEMENT WITH THE FLORIDA HOUSING FINANCE
CORPORATION, ON COUNTY-OWNED PROPERTY LOCATED
WITHIN THE BEMBRIDGE PUD AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT
November 9, 2021
Page 226
Item #16D11
ENHANCING AND PROVIDING ADDITIONAL SPACE FOR
CONCESSION AND STORAGE AVAILABILITY AT
VETERAN'S COMMUNITY PARK FOR RECREATIONAL
ORGANIZATIONS WHO PROVIDE SERVICES AT THIS
LOCATION
Item #16E1
THE PURCHASE OF GROUP HEALTH REINSURANCE
THROUGH SUNLIFE IN THE ESTIMATED AMOUNT OF
$368,877 EFFECTIVE JANUARY 1, 2022
Item #16E2
AN ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E3
RATIFYING PROPERTY, CASUALTY, WORKERS’
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15
FOR THE FOURTH QUARTER OF FY21
Item #16E4
November 9, 2021
Page 227
AMENDMENT #2 TO AGREEMENT NO. 15-6409, P25 DIGITAL
RADIO SYSTEM, WITH COMMUNICATIONS
INTERNATIONAL, INC.
Item #16E5
THE DONATION OF A 53-FOOT SEMI-TRAILER FROM THE
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
(FDEM), AUTHORIZE THE DIRECTOR TO EXECUTE THE
ASSOCIATED MEMORANDUM OF AGREEMENT BETWEEN
THE COUNTY AND FDEM, AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS IN THE ESTIMATED
AMOUNT OF $24,225 TO REFURBISH THE TRAILER
Item #16E6
RECOGNIZING CARRYFORWARD ON INTEREST EARNED
FROM THE PERIOD JULY 1, 2021 THROUGH AUGUST 31,
2021 EARNED BY EMS COUNTY GRANT AND APPROPRIATE
FUNDS FOR A TOTAL AMOUNT OF $51.26
Item #16E7
EXTENDING THE DEBARMENT OF BRADANNA, INC. FOR A
PERIOD NOT TO EXCEED THREE (3) YEARS
Item #16E8 – Continued After-the- Fact Item #3 to the December 14,
2021 BCC Meeting (Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE ADMINISTRATIVE
REPORTS PREPARED BY THE PROCUREMENT SERVICES
November 9, 2021
Page 228
DIVISION FOR CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING BOARD
APPROVAL
Item #16F1
AWARDING INVITATION TO BID (“ITB”) NO. 21-7916,
“PELICAN BAY MEDIAN LANDSCAPING IMPROVEMENTS,”
TO LEO JR. LAWN AND IRRIGATION SERVICES, LLC, IN THE
AMOUNT OF $154,223.30, AUTHORIZE THE NECESSARY
BUDGET AMENDMENT, AND AUTHORIZE THE CHAIR TO
SIGN THE AGREEMENT
Item #16F2
THE USE OF TOURIST DEVELOPMENT TAX PROMOTION
FUNDS TO SUPPORT THE UPCOMING DECEMBER 2021
KELLEHER FIRM HOOPFEST UP TO $5,625 AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTE TOURISM
Item #16F3
RESOLUTION 2021-230: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FY21-22 ADOPTED
BUDGET
Item #16F4
November 9, 2021
Page 229
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY
Item #16G1
CHAIRMAN TO EXECUTE AN AMENDMENT FOR
EXTENSION OF PUBLIC TRANSPORTATION GRANT
AGREEMENT (PTGA) G0Z16 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO EXTEND THE END
DATE OF THE AGREEMENT FOR THE SECURITY
ENHANCEMENTS AT IMMOKALEE REGIONAL AIRPORT
Item #16G2
CHANGE ORDER #1 TO AGREEMENT NO. 20-7784,
“IMMOKALEE REGIONAL AIRPORT RUNWAY 18-36
REHABILITATION - GRANT FUNDED,” WITH PREFERRED
MATERIALS, INC. TO INCREASE THE CONTRACT BY
$75,339.91, EXTEND THE CONSTRUCTION SCHEDULE BY
79 DAYS
Item #16G3
RESOLUTION 2021-231: THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY,
ADOPT THE A RESOLUTION APPROVING THE PROPOSED
RATE SCHEDULES FOR THE EVERGLADES AIRPARK,
IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND
EXECUTIVE AIRPORT FOR 2022
November 9, 2021
Page 230
Item #16G4
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE AIRPORT AUTHORITY, AUTHORIZE ITS CHAIRMAN TO
EXECUTE THE COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE AGREEMENT WITH EXEC AIR
INC. OF NAPLES DBA EXECAIR FOR AERONAUTICAL USE
OFFICE SPACE AT MARCO ISLAND EXECUTIVE AIRPORT
Item #16H1
RECOGNIZING PAMELA WILSON, GROWTH MANAGEMENT
DEPARTMENT, TRANSPORTATION ENGINEERING DIVISION
AS THE OCTOBER 2021 EMPLOYEE OF THE MONTH
Item #16I1
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
November 9, 2021
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
1) Ave Maria Stewardship Community District: FY21/22
Regular Meeting Schedule
2) Verona Walk Community Development District:
FY21/22 Regular Meeting Schedule
3) Winding Cypress Community Development District:
FY21/22 Regular Meeting Schedule
B. OTHER:
November 9, 2021
Page 231
Item #16J1
A FACILITY USE AGREEMENT FOR ELECTION DAY
SPECIFIC COUNTY-OWNED POLLING PLACES
Item #16J2
BOARD OF COUNTY COMMISSIONERS ENDORSE THE
UNITED STATES DEPARTMENT OF JUSTICE AND UNITED
STATES DEPARTMENT OF TREASURY COMBINED
EQUITABLE SHARING AGREEMENT AND CERTIFICATION
THROUGH SEPTEMBER 30, 2022
Item #16J3
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN OCTOBER 14, 2021 AND
OCTOBER 27, 2021 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J4
DETERMINE VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
NOVEMBER 3, 2021
Item #16K1
November 9, 2021
Page 232
RESOLUTION 2021-232: APPOINTING ELLE HUNT AND
STEPHEN JARON TO THE CONTRACTORS LICENSING
BOARD
Item #16K2
RESOLUTION 2021-233: APPOINTING ROBERT JOHN MARCH
TO THE ANIMAL SERVICE ADVISORY BOARD
Item #16K3
RESOLUTION 2021-234: REAPPOINTING CHERRYLE
THOMAS TO THE IMMOKALEE BEAUTIFICATION
ADVISORY COMMITTEE
Item #16K4
RESOLUTION 2021-235: REAPPOINTING ELOY RICARDO
AND JOHN MELTON TO THE BUILDING BOARD OF
ADJUSTMENTS & APPEALS
Item #16K5
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$120,000 PLUS $27,573 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1208FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K6
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
November 9, 2021
Page 233
$32,000 PLUS $13,835 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1195RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K7
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$66,250 PLUS $21,652.50 IN STATUTORY ATTORNEY FEES
INCLUDING EXPERTS’ FEES AND COSTS FOR THE TAKING
OF PARCEL 243RDUE REQUIRED FOR THE VANDERBILT
BEACH ROAD EXTENSION PROJECT NO. 60168
Item #16K8
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$19,000 PLUS $12,205.39 IN STATUTORY ATTORNEY FEES,
APPORTIONMENT FEES, AND EXPERTS’ FEES AND COSTS
FOR THE TAKING OF PARCEL 1186RDUE REQUIRED FOR
THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168
Item #17A – Continued to the December 14, 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
November 9, 2021
Page 234
GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT
AREA
Item #17B
RESOLUTION 2021-236: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FY21-22 ADOPTED
BUDGET
Item #17C
ORDINANCE 2021-44: RATIFYING AND CONFIRMING
ORDINANCE NUMBER 2021-11, WHICH ESTABLISHED HYDE
PARK COMMUNITY DEVELOPMENT DISTRICT 1, TO
ACKNOWLEDGE AND CORRECT A SCRIVENER’S ERROR
RELATED TO THE LANDOWNER’S CONSENT SET FORTH IN
THE PETITION OF ESTABLISHMENT
Item #17D – Moved to Item #9B (Per Agenda Change Sheet)
*******
November 9, 2021
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4: 17 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
;f/A/g8
PENNY TAYLOR, CHAIRMAN
ATTEST:
CRYSTAL K: KINZEL, CLERK
191
Attett as to Ctlatrt 4:
signature Y4 •
These minutes approved by the Board on 0ec eir1,Lks
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 235