BCC Minutes 03/22/2022 RMarch 22, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 22, 2022
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: William L. McDaniel, Jr.
Rick LoCastro
Burt L. Saunders
Penny Taylor
Andy Solis (Absent)
ALSO PRESENT:
Amy Patterson, Deputy County Manager
Dan Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
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
March 22, 2022
9:00 AM
Commissioner William L. McDaniel, Jr., District 5; – Chair – CRAB Co-Chair
Commissioner Rick LoCastro, District 1; – Vice Chair
Commissioner Andy Solis, District 2
Commissioner Burt Saunders, District 3
Commissioner Penny Taylor, District 4; – CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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March 22, 2022
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Reverend Tim Sensabaugh of Coastal Fellowship 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. February 22, 2022 - BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. Employee
1) 20 YEAR ATTENDEES
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a) 20 Years, Melissa Henning - Service Award
2) 25 YEAR ATTENDEES
3) 30 YEAR ATTENDEES
4) 35 YEAR ATTENDEES
a) 35 Years, Tessie Sillery - Service Award
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
1) Recommendation to recognize John D’Elia, in the Code Enforcement
Division, as the February 2022 Employee of the Month. (All Districts)
4. PROCLAMATIONS
A. Proclamation designating April 2022, as Child Abuse Prevention Month in
Collier County. To be accepted by Linda Goldfield, CEO, Youth Haven.
B. Proclamation designating March 2022, as American Red Cross Month in
Collier County. To be accepted by Jill Palmer and Dennis Sanders, Florida
Gulf Coast to Heartland.
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item is being continued to the April 12, 2022, BCC Meeting
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March 22, 2022
Agenda. A Resolution of the Board of County Commissioners proposing
amendments to the Collier County Growth Management Plan, Ordinance 89-
05, as amended, relating to the Rural Fringe Mixed Use District Restudy and
specifically amending the Urban Mixed Use District, Urban Residential
Fringe Subdistrict and the Rural Fringe Mixed Use District of the Future
Land Use Element to require Transfer of Development Rights for
Comprehensive Plan amendments for increased residential density;
amending the Urban Mixed Use District, Urban Residential Fringe
Subdistrict to remove the density bonus cap on residential in-fill and remove
the requirement to use Transfer of Development Rights within one mile of
the Urban boundary; and amending the Rural Fringe Mixed Use District of
the Future Land Use Element to change development standards and
requirements, to increase density on Receiving Lands located along
Immokalee Road, increase density on Receiving Lands for affordable
housing, add Transfer of Development Rights Credits, add uses in Receiving
areas, and add a conditional use for recreation in Sending Lands, and to
amend development standards for Rural Villages; and create the Belle
Meade Hydrologic Enhancement Overlay; and furthermore directing
transmittal of the amendments to the Florida Department of Economic
Opportunity. [PL20200002234] (District 1, District 3, District 5)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to nominate and appoint four members to the County
Government Productivity Committee. (All Districts)
11. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:30 AM or Immediately following the Court
Reporter Break. Recommendation to accept the after-action report for the
2022 Florida legislative session and provide guidance as preliminary
planning begins for the next legislative cycle. (John Mullins,
Communications, Government, and Public Affairs Division Director)
(All Districts)
B. Recommendation to approve FY 2022 Budget Amendments to re-allocate
Parks Capital Fund (306) dollars from projects which are either finished with
residual budget or can be deferred and funded in FY 2023, in an amount up
to $1,700,000, to Parks operating accounts for necessary community park
maintenance and aesthetic improvements, plus ensure that sufficient dollars
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exist to fund seasonal summer camp staff. (Dan Rodriguez, Deputy County
Manager) (All Districts)
C. Recommendation to approve the award of Invitation to Bid (“ITB”) No. 21-
7922, “Pelican Bay Services Maintenance Facilities Improvements” to RAM
General Contracting & Development, Inc., in the amount of $3,832,911.78,
and authorize the Chair to sign the attached Construction Services
Agreement. (Neil Dorrill, Pelican Bay Services Division Administrator)
(District 2)
D. Recommendation to approve the purchase of insurance for property, boiler
& machinery, terrorism, and watercraft hull for a one-year period effective
April 1, 2022, in the estimated amount of $4,768,339.42. (Jeff Walker, Risk
Management Division Director) (All Districts)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board vacate the January 13, 2022, RFP which
solicited for Special Magistrate services; and either (1) extend the
Agreement for Special Magistrate Brenda C. Garretson, or (2) direct staff to
convene the Special Magistrate Review Board to bring back a
recommendation to the Board, or (3) direct Procurement to work with the
County Attorney to reissue a modified RFP that is consistent with the
Special Magistrate Ordinance, or (4) direct any other action the Board deems
appropriate. (All Districts)
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
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each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Shadowwood – Plat One
(Application Number PL20210001045) approval of the standard form
Construction and Maintenance Agreement and approval of the
performance security in the amount of $2,467,157.80. (District 1)
2) Recommendation to approve final acceptance of the potable water and
sewer facilities and accept the conveyance of the potable water and
sewer facilities for Founders Square, PL20210000700. (District 3)
3) Recommendation to approve final acceptance of the potable water and
sewer facilities and accept the conveyance of the potable water and
sewer facilities for Isles of Collier Preserve Phase 15A,
PL20210003000. (District 4)
4) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $71,520 which was posted as a
guaranty for Excavation Permit Number PL20190002561 for work
associated with Silverwood at Ave Maria Phase 2. (District 5)
5) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $62,326.32 which was posted as a
guaranty for Excavation Permit Number PL20210001256 for work
associated with Twin Eagles Golf Course Improvements. (District 3)
6) Recommendation to approve an agreement for the purchase of four
tracts of land from the Greater Naples Fire Rescue District (Parcels
120FEE, 121FEE, 122FEE and 123FEE) required for construction of
the Lake Park Flow Way (Project #60246). Estimated Fiscal Impact:
$695,000. The source of funds is Stormwater bonds. (District 1)
7) Recommendation to award Invitation to Bid (“ITB”) #21-7920, “Bus
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Wraps and Decals for CAT Vehicles,” to Doral Digital
Reprographics, Corp. and Mega Graphx, Inc. with an anticipated
annual expenditure of $35,000 which is funded with Federal Capital
Grant dollars and authorize the Chairman to sign the attached
agreements. (All Districts)
8) Recommendation to approve the submittal of a Derelict Vessel
Removal grant application to the Florida Fish and Wildlife
Commission for the removal of one (1) derelict vessel from Collier
County waterways in the amount of $9,400.00 and authorize the
Chairman to execute the grant application. (Note: The total grant
funds for the prior 11 vessels total $165,456.) (All Districts)
9) Recommendation to approve a resolution authorizing the temporary
closing of a portion of State Road 29 and determining that the closure
is necessary for the Collier County Museums’ annual Immokalee
Cattle Drive & Jamboree on March 26, 2022, to fulfill a Florida
Department of Transportation (FDOT) temporary road closure permit
application requirement. (District 5)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Community Redevelopment
Agency and the Board of County Commissioners review and accept
the 2021 Annual Reports for the two component areas: Bayshore
Gateway Triangle and Immokalee Community Redevelopment Areas
(CRA) and publish the reports on the appropriate websites.
(District 4, District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign a
Donation Agreement with Carol L Rudnick for a 1.59-acre parcel
under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $700. (Conservation Collier Fund 172) (All Districts)
2) Recommendation to approve an Agreement for Sale and Purchase
with Alice M. Gorman, for 1.14 acres under the Conservation Collier
Land Acquisition Program at a cost not to exceed $19,500.
(Conservation Collier Fund 172) (All Districts)
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3) Recommendation to approve proposal No. 9723, under Contract No.
19-7592, Building Automation Energy Management Services, from
Juice Technologies, Inc. d/b/a Plug Smart, and authorize the issuance
of a Purchase Order in the amount of $307,017.50, to replace the
proprietary N2 Johnson Controls Metasys Building Automation
System with new BACnet Reliable Controls at the Collier County
Sheriff's Office ("CCSO") Jail (J1) building at the Collier County
Government Center. (Project No. 50221). (All Districts)
4) Recommendation to approve a First Amendment to Agreement No.
19-7622, “Annual Agreement for Wastewater Pump Station Repair
and Renovation,” with Quality Enterprises USA, Inc., Douglas N.
Higgins, Inc., Precision Lift Stations, Inc., and U.S. Water Services
Corporation. (All Districts)
5) Recommendation to approve the award of Request For Quote
(“RFQ”) No. 21-7842, “Deep Injection Well (DIW) Site
Improvements,” to Quality Enterprises USA, Inc., in the amount of
$608,472.30, approve the issuance of a purchase order in that amount,
and authorize the necessary budget amendment (Project #70219). A
Notice to Proceed work will not be issued until the bonds required by
section 22 of the contract are provided by Quality Enterprises USA,
Inc. (District 5)
6) Recommendation to approve a Lease Agreement with the City of
Marco Island for the District 1 Commissioner, Clerk of Courts and
Supervisor of Elections in the amount of $4,300 annually for office
space within the Marco Island City Hall. (General Fund 001)
(District 1)
7) Recommendation to approve an amendment to a Contribution
Agreement with City Gate Naples, LLC (“CGNU”), pertaining to the
Uline Corporation regional distribution facility, by amending
numbered paragraph four of the Agreement to reduce the County’s
duty to reimburse City Gate for the construction of improvements on
real property to be dedicated to the County, by providing a onetime
reimbursement payment not to exceed $575,000, in lieu of a
previously agreed upon Tax Increment Financing (“TIF”) credit,
which is estimated to produce a net savings to the County of
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approximately $900,000, and approve necessary budget amendments.
(District 3)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the chairman to sign two
(2) mortgage satisfactions for the State Housing Initiatives Partnership
(SHIP) loan program and HOME Investment Partnerships Program
(HOME) in the amount of $23,638.04 and approve the associated
Budget Amendments to appropriate repayment amount totaling
$23,638.04. (SHIP Grant Fund 791 and Housing Grant Fund 705)
(All Districts)
2) Recommendation to approve updates to the Emergency Rental
Assistance 1 and 2 programs from the U.S. Department of Treasury to
expand allowable activities for households seeking assistance to
include payments to collection agencies and allowing for the payment
of fees required by landlords under these programs. (All Districts)
3) Recommendation to approve a Resolution authorizing the County
Manager to execute all U.S. Department of Housing and Urban
Development required certifications, applications, reports, and other
forms. (All Districts)
4) Recommendation to award Request for Proposal No. 21-7903
“Preserve Area Maintenance,” to Earth Tech Environmental, LLC,
and authorize the Chair to sign the attached agreement. (Estimated
Annual Fiscal Impact $75,000) (All Districts)
5) Recommendation to approve and authorize the Chairperson to sign the
First Amendment to the subrecipient agreement with Youth Haven,
Inc., to extend the agreement end date and increase the assistance
amount to clients from $3,000 to $5,000, under the U.S. Housing and
Urban Development Emergency Solutions Grants Program. (Housing
Grant Fund 705) (All Districts)
6) Recommendation to approve and authorize the Chairperson to sign the
First Amendment to the HOME Investment Partnerships Program
subrecipient agreement between Habitat for Humanity of Collier
County, Inc., and Collier County to correct a typographical error and
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increase the subrecipient match obligation. (Housing Grant Fund 705)
(All Districts)
7) Recommendation to accept an update on the American Rescue Plan
Act Coronavirus State and Local Fiscal Recovery Fund and authorize
programmatic funding reallocations to support the one-time allowance
to local government, Capital Equipment Purchases for Emergency
Medical Services and Affordable Housing based on the Final Rule
published by the US Treasury and authorize the submission of the
updated and annual Performance Plan. (All Districts)
8) Recommendation to authorize a Budget Amendment in the amount of
$150,000 transferring funds from Domestic Animal Services Donation
Fund (180) Reserves to Domestic Animal Services Donation Cost
Center 155414 for veterinarian fees. (Current available reserves
$507,600) (All Districts)
E. ADMINISTRATIVE SERVICES
1) Recommendation to award Invitation to Bid (“ITB”) #20-7780S, Fleet
Vehicle and Equipment Maintenance and Repair Services, to Voigt’s
Service Center, Inc., and Southeast Power Systems of Ft Myers, Inc.,
to furnish maintenance services and repair parts for County vehicles
and equipment on a primary/secondary basis per line-item cost of
services. (All Districts)
2) Recommendation to approve Second Amendments to the Collier
County Emergency Services Medical Director and Deputy Medical
Director’s respective Agreements with the County extending the term
of expiration and adjusting the compensation for services rendered at
$157,500 and $131,500 respectively for the first year, with a 5%
increase in the second and third years. (All Districts)
3) 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 adopt a resolution to enact an outdoor burning
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ban in accordance with the provision of County Ordinance No. 2009-
43, as amended, for an indefinite period of time until conditions
improve. (All Districts)
2) 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)
3) Recommendation to adopt a resolution approving amendment
(appropriating grants, donations, contributions or insurance proceeds)
to the FY21-22 Adopted Budget. (All Districts)
4) Recommendation to approve an Assumption Agreement assigning all
rights, duties and benefits, and obligations to Alfred Benesch &
Company concerning Agreement No. 21-7868 “Impact Fee Studies &
Fiscal Analysis.” (All Districts)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) March 22, 2022, Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board of County Commissioners provide
approval to authorize the acceptance of the Fall 2021 E911 State
Grant Award, approve associated budget amendments and approve the
Collier County Sheriff’s Office to receive and expend the Fall 2021
E911 State grant funds. (All Districts)
2) Recommendation to approve the use of $1,000 from the Confiscated
Trust Funds to support the Florida Agricultural Crimes Intelligence
Unit, Inc. (All Districts)
3) Recommendation to authorize execution of the budget amendment for
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$832,396.15 for Communications Consoles Replacement (9-1-1).
(All Districts)
4) 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 February 24, 2022, and March 9, 2022, pursuant to
Florida Statute 136.06. (All Districts)
5) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of March 16,
2022. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint a member to the Vanderbilt Waterway
MSTU Advisory Committee. (District 2)
2) Recommendation to appoint a member to the Golden Gate Estates
Land Trust Committee. (District 5)
3) Recommendation to reappoint 2 members to the Haldeman Creek
Dredging Maintenance Advisory Committee. (District 4)
4) Recommendation that the Board authorizes the County Attorney to
engage in voluntary mediation concerning a July 28, 2010, Developer
Contribution Agreement involving the Randall Blvd. Commercial
Subdistrict, and potentially bring back proposed amendments to the
Agreement. (District 5)
5) Recommendation to approve: (1) a Mediated Settlement Agreement
and Mutual Release resulting from the pre-suit dispute resolution
process in the Tri- Party Construction Agreement between WPM-
Southern, LLC, the City of Naples, Florida, Collier County, Florida,
and the design engineer on the Project, Q. Grady Minor & Associates,
P.A., (2) an Interlocal Agreement acknowledging the City’s
relinquishment of $300,000 in funds the County had appropriated to
reimburse the City for construction costs on the West Goodlette-Frank
Road Area Joint Stormwater-Sewer Project, (3) the attached budget
amendment, and (4) to authorize the Chairman to sign the attached
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agreements. (All Districts)
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17. Summary Agenda - This section is for advertised public hearings and must
meet the following criteria: 1) A recommendation for approval from staff; 2)
Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting;
3) No written or oral objections to the item received by staff, the Collier
County Planning Commission, other authorizing agencies or the Board, prior
to the commencement of the BCC meeting on which the items are scheduled to
be heard; and 4) No individuals are registered to speak in opposition to the
item. For those items which are quasi-judicial in nature, all participants must
be sworn in.
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A. Recommendation to adopt an ordinance amending Ordinance No. 02-61, as
amended, to amend the external boundaries of the Fiddler’s Creek
Community Development District #2, pursuant to Chapter 190.046, Florida
Statutes. (District 1)
B. Recommendation to adopt an amendment to Ordinance No. 2021-02, as
amended, the County Government Productivity Committee Ordinance, to
reduce the quorum requirement at meetings from six to four members.
(All Districts)
C. This item requires that ex-parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition
PL20210002017, to disclaim, renounce and vacate the County and the public
interest in the 100-foot right-of-way and easement, described as Tract “G” as
recorded in Deed Book 23, Page 47 of the Public Records of Collier County,
Florida, located south of Oil Well Road (C.R. 856) near the intersection of
Oil Well Road and Oil Well Grade Road in Sections 23 and 24, Township
48 South, Range 28 East, Collier County, Florida. (District 5)
D. This item requires that ex parte disclosure be provided by BCC
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida, to allow a
drive-thru restaurant instead of a carwash in the Immokalee 7-Eleven
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Commercial Planned Unit Development (CPUD) by amending Ordinance
Number 2021-22 to add eating places with a drive-thru and grocery stores as
permitted uses, remove the car wash use and related developer commitment,
reduce the total commercial square footage from 5,650 to 5,250, and
increase the maximum two-way PM peak hour net new trips generation limit
from 157+/- to 167+/-, on property located at the northwest corner of Main
Street (SR 29) and North 9th Street, Immokalee, in Section 4, Township 47
South, Range 29 East, Collier County, Florida, consisting of 3.04+/- acres;
and by providing an effective date. (PL20210001637) (District 5)
E. Recommendation to adopt a Resolution of the Collier County Board of
County Commissioners designating 2,258 acres in the Rural Land
Stewardship Area Zoning Overlay District as a Stewardship Sending Area
with a designation as “CLH & CDC SSA 18”; pursuant to the terms set forth
in the Escrow Agreement, Stewardship Sending Area Credit Agreement for
CLH & CDC SSA 18, and Stewardship Sending Area Easement Agreement
for CLH & CDC SSA 18; approving a Stewardship Sending Area Credit
Agreement for CLH & CDC SSA 18; approving a Stewardship Sending
Area Easement Agreement for CLH & CDC SSA 18 approving an Escrow
Agreement for CLH & CDC SSA 18; and establishing the number of
stewardship credits generated by the designation of said Stewardship
Sending Area. The subject property is located in Sections 1, 2, 3, 10, 11, 12,
13, 14, 15, 22 and 23, Township 49 South, Range 28 East.
[PL20200001007] (District 5)
F. This item has been continued from the January 25, 2022, February 8,
2022, February 22, 2022, and March 8, 2022 BCC Meetings and is
further being continued to the March 22, 2022 BCC Meeting. This item
is the first of two hearings. Recommendation to approve an Ordinance
amending Ordinance number 04-41, as amended, the Collier County Land
Development Code, to change the name of the Bayshore Mixed Use Overlay
District to the Bayshore Zoning Overlay District and the name of the
Gateway Triangle Mixed Use District to the Gateway Triangle Zoning
Overlay District, to rename the Bayshore Gateway Triangle Redevelopment
Area to the Bayshore Gateway Triangle Community Redevelopment Area;
to add prohibited uses, add appearance standards for outdoor display and
storage, add a boundary map for the Bayshore Zoning Overlay District and
for the Gateway Triangle Zoning Overlay District, add architectural
standards for single family homes, and change other development standards.
[PL20210001222] (District 4)
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G. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
FY21-22 Adopted Budget. (All Districts)
18. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
March 22, 2022
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CHAIRMAN McDANIEL: Now we have a live mic.
Good morning, everybody. And if you would please rise, and
we'll have our invocation.
And, Commissioner Saunders, would you lead us in the Pledge
after Reverend Tim Sensabaugh.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE –
INVOCATION GIVEN
REVEREND SENSABAUGH: Thank you, again,
Commissioners. Thank you for the honor to be here today. Will
you pray with me.
Dear God, I give sincere thanks for this governing body and the
leadership they have been entrusted with and provide for our
community. We pray and remind ourselves today and remind each
other of who we are and especially who we are called to serve.
I pray that you grant each member of this governing body and
those who come before it wisdom beyond their knowledge along with
the spirit of patience, understanding, and grace, even in the midst of
inevitable disagreements. Help each of us to assume the best in each
other even when our approach and proposed solutions differ from
those we serve alongside of.
I humbly pray these things for these leaders and those who come
before them today. Help each of us to serve our community here in
Collier County to the best of our ability, give us grace, give us your
leadership, as we seek to humbly serve.
I pray this in the name of Christ. Amen.
CHAIRMAN McDANIEL: Amen. Very nice.
Commissioner Saunders.
March 22, 2022
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(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: Okay. Let's –
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) – APPROVED AND/OR ADOPTED
W/CHANGES
MS. PATTERSON: Commissioners, that brings us to our
agenda changes and agenda minutes. We have a couple of changes
on the change sheet. The first one is to continue Item 9A to the
April 12th, 2022, BCC meeting. This item is a resolution of the
Board of County Commissioners proposing amendments to the
Collier County Growth Management Plan Ordinance 89-05, as
amended, relating to the Rural Fringe Mixed-Use District restudy and
specifically amending the Urban Mixed-Use District, Urban
Residential Fringe Subdistrict, and the Rural Fringe Mixed-Use
District of the Future Land Use Element to require the Transfer of
Development Rights for Comprehensive Plan amendments for
increased residential density. This is being continued at staff's
request.
The second change is to continue Item 16C7 to the April 12th,
2022, BCC meeting. This is a recommendation to approve an
amendment to a contribution agreement with the City Gate Naples,
LLC, pertaining to the Uline Corporation Regional Distribution
Facility by amending numbered Paragraph 4 of the agreement to
reduce the county's duty to reimburse City Gate for the construction
of improvements on real property to be dedicated to the county by
March 22, 2022
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providing a one-time reimbursement payment not to exceed $575,000
in lieu of a previously agreed-upon Tax Increment Financing credit,
which is estimated is to produce a net savings to the county of
approximately $900,000, and approve necessary budget amendments.
This is being continued at Commissioner McDaniel's request.
We have one note, the Item 17F correction. The title errantly
includes the following: "And is further being continued to the
March 22nd, 2022, BCC meeting." This text carried over from when
the item was continued to the current meeting.
And last, we have a time-certain item, 11A, which is our
legislative session update, will be heard at 10:30 a.m. or immediately
following the court reporter break.
There are no further changes from the county managers.
CHAIRMAN McDANIEL: Outstanding. Okay. Well, let's
go through our ex parte and any further adjustments. We do have
some public speakers on the consent agenda and the summary, and
then we also have to take a vote on Commissioner Solis' excused
absence. He's somewhere else on the planet. And assuming we are
still here, we have to take a vote for his participation. And I think
it's after our 12:00 break, so...
MS. PATTERSON: Correct. He'll be calling in at 12:00 if
we're still in session.
CHAIRMAN McDANIEL: Okay. Very good.
Let's start with Commissioner LoCastro. Do you have any ex
parte or adjustments to the current agenda?
COMMISSIONER LoCASTRO: No, I do not.
CHAIRMAN McDANIEL: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: I have no changes and no
disclosures.
CHAIRMAN McDANIEL: You have no disclosures either?
COMMISSIONER LoCASTRO: No disclosures; no changes.
March 22, 2022
Page 5
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I had some emails about
the Shadowwood as a development. It was mentioned. The
concern is the development next door. So I, out of an abundance of
caution, have included it in my ex parte.
I also have had a brief discussion in a meeting with staff on 17C
and 17D.
CHAIRMAN McDANIEL: And please stay up on your
microphone. Just -- it will keep my mother from chirping that she
can't hear you.
COMMISSIONER TAYLOR: But I'm really more concerned
about the folks in here. But, no offense to your mother. Thank you.
CHAIRMAN McDANIEL: It's a matter of record. Is that all?
COMMISSIONER TAYLOR: That's it.
CHAIRMAN McDANIEL: Okay. And then myself, I have no
other adjustments and then one disclosure on 17D. I have had
meetings and emails with regard to that 7-Eleven over in Immokalee.
So, with that, we'll go to our public speakers.
MR. MILLER: Mr. Chairman, I have four registered speakers
for Item 16A1. Forgive me. I'm having a little trouble with
handwriting here. Del, is it Kniespeck?
MS. KNIESPECK: Yes. Dee.
MR. MILLER: Dee Kniespeck, if you'll come up to the
podium here. They'll be followed by Frederick, is that Celce?
MR. CELCE: Yes, sir.
MR. MILLER: Okay. You'll be next. If you want to queue
up at that, please.
MR. CELCE: I'd like to relinquish my time to Mr. Dey, if I
could.
MR. MILLER: Yes, sir. We will do that. Mr. Dey, if you'll
queue up at the microphone over there, please.
March 22, 2022
Page 6
I'm sorry, ma'am, go ahead. You have three minutes.
CHAIRMAN McDANIEL: Just pull it down.
MS. KNIESPECK: Okay. I'd like to read a letter from my
neighbor who couldn't be here. I'm very concerned with the
flooding. We have flooding issues and have had since they put in
the canal. We cannot take the water from that thing next door. It's
just -- I mean, we're already over our banks when it comes to the
rainy season.
She says, ladies and gentlemen, I've asked my friend and board
member, Ben Kniespeck, to speak on my behalf and show pictures
taken during the years after the canal installation behind my home.
There's no question that I fear every summer that the [sic] rain and
water accumulates, it just about reaches my home. The foot of grass
that is exposed is totally soaked, and I'm unable to walk on it without
going down a few inches.
I have known Collier County -- I have notified Collier County
several times. Now, I understand that many homes will be built on
the adjacent land bordering the canal, and the water runoff will be
going into the canal. This will be very detrimental to we, who also
border the canal.
Obviously, we cannot take any more water. I'm sure many
legal suits will follow as foundations will be undermined. Surely
someone must be responsible. Let common sense dictate. Flooding
is more than a possibility. It's a reality.
Thank you on my behalf for allowing Dee to represent me, as
I'm regrettably unable to attend, Cheryl Denise Armhein.
And I just want to reiterate, same thing, we get flooding now.
There's no way we can take their water that goes up over the
maintenance roads. It goes up to the back of the houses. We did
not have that issue until the county put the canal in. Now that the
canal is there, we flood. So I -- that's it. Thank you.
March 22, 2022
Page 7
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker will be Mr. Dey. He's been
ceded three additional minutes for a total of six minutes, and he will
be followed by Doug Bartlett.
MR. DEY: Yes, Kevin Dey, 3939 Skyway Drive in the airpark.
We've owned there about 30 years.
To try to make things brief, we were notified several years ago
about a meeting to do with the change in the PUD. And I guess you
guys may or may not know that that was all part of Wing South
Airpark. Huge development. It didn't get finished. The upper part
got sold off.
But the meeting notification was clearly stated it was to talk
about access to the property. Because when it was sold off, Santa
Barbara didn't exist. So we agreed when we sold they could access
through the airpark. That's what the past meetings have been
discussed. You've all come to the conclusion that we don't
need -- they don't need access to the airpark. They can go out to
Santa Barbara.
That is the last official notification that I know any of us ever
received. We were shocked maybe three weeks ago that one of our
residents was on the county site and saw this big development going
in right next to us and right adjacent to our runway. And it appears
the houses will be less than 100 feet from where we operate our
airplanes.
So I looked back through the Planning Commission notes and
actually that -- I was at that meeting. That was almost embarrassing
for the planning people because out of the seven members, I don't
think any one of them actually visited the area before hearing the
facts of the case. And one member -- I think only one member had
actually ever even been to Wing South airport. One of the members
of the commission said, how did airplanes -- what are airplanes doing
March 22, 2022
Page 8
over there? They shouldn't be allowed over there. How did they
get there? Did not have a clue on what they were hearing and the
facts of it.
They passed it on to you guys and recommended you pass it,
which you did. And during that, the Board -- this is Ordinance 2017,
Section 6, 5.10, Board of County Commissioners requirements. A
was the development of Tract E, will be done, have no impact on the
taxi or runway use in Tract C of the PUD and, B, future residents of
Tract E will be notified of existing airpark operations, associated
noise, and purchase in writing. And, of course, that's required by
real estate law in almost all states.
And then it looks like this is a done deal as far as this happening.
So I'm -- I called the builder's representative. He agreed to meet
with me. Came to the airpark. Had never been there. I showed
him around. Showed him airplanes taking off and landing.
And I said, I request as a citizen, not as a board member of our
board, four changes that, if you agree to this, I will recommend to our
board as just a resident that, if you guys approve this, we'll
probably -- we'll go along with it, and we'll be happy, not about
everything, especially environmental issues. People are really upset
about that. I mean, we have deer, bear, turtles, lots of wading birds,
otters, turkeys, and a whole bunch of panthers we're seeing lately,
and they're different ones, because one is really, really big and is
lame, and the other one is smaller. And the door cameras are
picking up, the backyards cameras. We've got a lot of animals over
there. Not going to get into that, because the environmental people
can handle that, but I don't know how this got through with this
environmental study. Totally -- it was just totally deficient, totally
deficient.
Again, putting that aside, I did meet with the builder. I gave
him this list of four things I was looking for. He got back to me two
March 22, 2022
Page 9
days later and said, I think we can go along with that. It will only
help us in the development and protect us from problems later on.
So I hired an attorney who's contacting their attorney to see how
we can memorialize these things. And if you want, I'll tell you what
they are since I have a few minutes.
I asked that -- in their homeowners' documents they have a
section which just said "airpark" and kind of disclosed that there's an
airpark near by, and they're not going to be responsible for anything,
no liability whatsoever. I asked that it put Wing South instead of
"airpark," and I also had them put in there that the airpark creates
noise, dust, and other airport associated noises, so it's spelled out
clearly. And I asked if they would put that in bold in their
homeowners' documents so there would be no missing it.
And then what you guys asked for as the residents, sign a letter
prior to them signing their contract to purchase notifying of that. I
said, I want that wording to be the same as what's in the homeowners'
documents. Very clear. You're buying next to an existing
airpark -- it's been there for 50 years -- and that you're aware that it
creates noise. It kind of helps us because anytime a -- I've been
flying for over 30 years. Anytime houses go next to airports, there's
problems both for the county and for the airpark, so -- but anyhow,
they agreed to all that.
The other thing was that that letter that they signed somehow get
recorded with the deed or however so if any future buyer does a title
search, that comes up and it's very clear. And he thought that was
reasonable.
And the last thing was, this board, when they had their hearing,
said, I'm going to give you a deviation, builder. You don't have to
put any landscape buffer on the east side whatsoever because it
borders a preserve. Well, that's totally not true. It doesn't border a
preserve. It borders our runway. Of all places we need a barrier,
March 22, 2022
Page 10
it's there. When our planes turn to run up, the wind, the dirt, the
noise, it's going to be probably twice whatever your decibel allowable
is here. So I said, I want you to provide a 10-foot wall.
CHAIRMAN McDANIEL: Hang on, Mr. Dey. That last
beep -- there's a clock up there. I tried to get a word in edgewise
before. There's a clock up there. Your time is up now. You had
six minutes.
MR. DEY: Oh, I did. Okay.
CHAIRMAN McDANIEL: Commissioner Taylor, do you have
a question for him or for staff?
COMMISSIONER TAYLOR: Yes, yes. Thank you.
Your advocacy is very, very important here. Wing South has
been here longer than I've been here, and I've been here 42 years. It
is an icon. It is very important. The way you have your planes and
the way you integrate within the community is remarkable.
Know that right at the beginning of COVID, this item came to
us, and we had many Zoom meetings with two of your board
members, Anne Dailey and Adam Moleny (phonetic), to talk about
this. But I think that your requests are very important, and I'm
hoping -- and I don't know quite the procedure, but understanding
we've already passed it, but at the same time, perhaps there is
something that we can do because, clearly -- and anybody that
questions it should probably get the call sheet for Naples Airport.
When there's residential next to an airport, there's always a lot of
complaints, and people need to know in advance what is happening.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: So how can we do that, County
Manager?
MS. PATTERSON: Commissioner, I'm going to ask Jaime
French to come up, and he can let us know if there's any difficulties
or problems with continuing this one meeting so that we can have
March 22, 2022
Page 11
some additional time to talk through the issues that have been put on
the record as well as the flooding concerns.
CHAIRMAN McDANIEL: And/or bring it up to the top for an
actual hearing on it. That's the other -- that's the other path.
MS. PATTERSON: Right.
CHAIRMAN McDANIEL: So...
MR. DEY: If I had 10 seconds, I think it would help. The
only other thing is they did agree they would put up a wall -- a wall
landscape about 10 feet tall. So our four primary concerns, which
should make everybody happy, we've basically, between me and
them, have agreed to it. And if he agreed to it and we can get this
memorialized somehow, I'll recommend to our board that they accept
that, and maybe that will put some of these issues to rest. I don't
know how it gets memorialized. That's why I hired an attorney, and
my attorney's talking to the builder's attorney. So hopefully some of
these items will be worked out because they're just logical,
common-sense requests.
CHAIRMAN McDANIEL: Thank you, Mr. Dey.
MR. DEY: That's the gentleman that's been so nice to talk to
me about it.
CHAIRMAN McDANIEL: Right.
MR. FRENCH: Good morning, Commissioners. For the
record, Jamie French with Growth Management and Community
Development.
We do have representation here from the developer. With
regards to a 10-foot wall, we'd have to go back and look at the PUD
to find out what the actual requirements are. There may be -- and
typically there's a limitation of eight feet.
With regards to airport operations, I am aware that there
was -- as you said, Commissioner Taylor, there was a number of this
community that was involved with the early negotiations with the
March 22, 2022
Page 12
developer, so it's not as though the community was not aware. And I
recognize that maybe some things have changed. So, clearly, we'll
leave that to the developer.
With regards to the water management issue, as they come in for
development, their engineer of record will have to demonstrate what
the impacts are and how they're retaining water on their site, and they
would also be required -- you've heard me up here before talk about
the Water Management District and how the impacts are with regards
to their ERP permit. That will all be a requirement of development.
So if you -- to your pleasure, I'll allow the representation of the
community to speak.
CHAIRMAN McDANIEL: This is not -- this is not the time or
place. We either move it to the top or we continue the item. That's
the discussion.
MS. PATTERSON: Yes, sir. My recommendation would be
move it one meeting if it doesn't present any problems with
advertising. That gives us an opportunity to speak with both the
developer and the residents to come to some resolution.
CHAIRMAN McDANIEL: You okay with that?
MR. FRENCH: That's fine, sir. Yes, sir.
CHAIRMAN McDANIEL: Is the developer okay with that?
MR. ASHER: For the record, my name's John Asher. I'm with
GL Homes. I would prefer not to extend it. Everything -- we've
agreed with everything that they've requested at this point. The
language -- I've got draft copies of what will be in the declaration,
and that will get recorded with the plat that you're approving now.
COMMISSIONER TAYLOR: That's very important.
MR. ASHER: Pardon me?
COMMISSIONER TAYLOR: That's very important.
Including -- including the bold --
MR. ASHER: Absolutely.
March 22, 2022
Page 13
COMMISSIONER TAYLOR: It would run with the land.
MR. ASHER: Run with the land, bold, in the declaration. The
documents that they sign are tied to the deed, they're recorded. The
deed refers to the declaration, so there's basically, you know,
duplicate information for any subsequent buyer. I mean, I
understand what they're concerned with. I don't want to lose --
CHAIRMAN McDANIEL: We do as well. I'm going to call
upon the County Attorney.
MR. KLATZKOW: Why don't we put this to the regular
agenda, and between the time of now and then, I'll have some of my
people and Jamie working and see if we can't get a resolution quickly
on this.
CHAIRMAN McDANIEL: I was just going to say,
the -- Mr. Dey spoke about memorialization. Purportedly you've
agreed to everything, but we've got to make sure the left hand is
talking to the right. And I think rather than delaying it, it would be
better that we move it, as the County Attorney said. So County
Manager -- Deputy County Manager --
MS. PATTERSON: That will make this Item 9B --
CHAIRMAN McDANIEL: Okay.
MS. PATTERSON: -- on the regular agenda.
CHAIRMAN McDANIEL: Perfect. We'll do that.
MR. ASHER: Okay.
CHAIRMAN McDANIEL: Is that okay, Commissioner
Taylor?
COMMISSIONER TAYLOR: Yeah. No, I'm very
comfortable with that.
CHAIRMAN McDANIEL: Okay. Very good.
MR. MILLER: All right. Mr. Chairman, we have one more
speaker for Item 16A1, and then we have a speaker for Item 17B,
Doug Bartlett.
March 22, 2022
Page 14
MR. BARLETT: Thank you, Mr. Commissioner -- or
Chairman and Commissioners. I don't want to repeat a lot of things
that Kevin's identified, but I would like to identify that I've lived at
Wing South for three-and-a-half years, and served on the board as the
secretary for a year and a half. And during that year and a half
regarding -- I want to talk about two issues: Noise and safety.
Regarding noise, as secretary I was not aware of any noise
complaints from the -- from the local residents because when those
areas were developed, they were developed with noise barriers,
distance fro m the runway, and protection by other areas. So I think
it's important that that same consideration be taken into this
development.
In regards to safety, I'd at least like to really kind of get a feel
for what's happening on the runway. Our airplanes -- I'm a
recreational pilot, and our airplanes typically are taking off, they
leave the ground with a speed of approximately 65 to 70 miles an
hour, and when they land, they're coming down on our mile-long
runways .83 miles long, at anywhere between 75 and 100 miles an
hour.
So when you take a look at the length of our road and the
speeds, it's basically I-75. It's very similar to that except the homes
are 100 feet from I-75.
So I think it's important when we take a look at that that we take
a look at the safety aspect. At one time myself and my fiancée,
Tracy, were out alongside the runway, and we saw a young lady
running with headphones down the center of the runway and,
basically, you know, flagging her down real quick, pulled her off, and
explained to her that she wouldn't even hear this airplane that would
hit her. And please understand, when a pilot is landing, they're
looking down a mile-long stretch of road. They're looking for other
airplanes to make sure that it's clear. It would be exceptionally
March 22, 2022
Page 15
difficult to find -- to see a person on the runway, or a bicycle.
So when we take a look at this issue of safety, I think it's
critically important that, as the developer's talking about, having this
barrier, but that barrier is sufficient to ensure that we have some noise
abatement and also that it is not porous to where people can come in
and actively get on our runways; that would be an exceptionally
dangerous situation.
Thank you for your time.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Mr. Chairman, your next speaker, Item 17D, is
online, Tom Ross. Mr. Ross, you're being prompted to unmute
yourself, if you'll do that at this time.
I'm still waiting for Mr. Ross here. We'll give him another
couple seconds.
Mr. Ross, you should be being prompted to unmute your device.
And there you are. Mr. Ross, you have three minutes.
MR. ROSS: Yes. I'm here as a panelist for staff on this item.
MR. MILLER: All right. We were unaware of that. I'm
sorry to bother your time with that, Commissioner.
CHAIRMAN McDANIEL: No bother whatsoever.
All right. If -- we have no further adjustments, do we?
MS. PATTERSON: No further adjustments to the agenda.
CHAIRMAN McDANIEL: Okay. With that, then I'm going
to call for a motion for approval of the agenda as adjusted.
COMMISSIONER TAYLOR: So move.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the agenda as adjusted. All those in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
March 22, 2022
Page 16
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Proposed Agenda Changes
Board of County Commissioners Meeting
March 22, 2022
Continue item 9A to the April 12, 2022 BCC Meeting: *** This item is being continued to the April 12, 2022
BCC Meeting Agenda. *** A Resolution of the Board of County Commissioners proposing amendments to
the Collier County Growth Management Plan, Ordinance 89-05, as amended, relating to the Rural Fringe
Mixed Use District Restudy and specifically amending the Urban Mixed Use District, Urban Residential
Fringe Subdistrict and the Rural Fringe Mixed Use District of the Future Land Use Element to require
Transfer of Development Rights for Comprehensive Plan amendments for increased residential density;
amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict to remove the density bonus
cap on residential in-fill and remove the requirement to use Transfer of Development Rights within one mile
of the Urban boundary; and amending the Rural Fringe Mixed Use District of the Future Land Use Element
to change development standards and requirements, to increase density on Receiving Lands located along
Immokalee Road, increase density on Receiving Lands for affordable housing, add Transfer of Development
Rights Credits, add uses in Receiving areas, and add a conditional use for recreation in Sending Lands, and
to amend development standards for Rural Villages; and create the Belle Meade Hydrologic Enhancement
Overlay; and furthermore directing transmittal of the amendments to the Florida Department of Economic
Opportunity. [PL20200002234] (District 1, District 3, District 5) (Staff’s request)
Continue Item 16C7 to the April 12, 2022 BCC Meeting: Recommendation to approve an amendment to a
Contribution Agreement with City Gate Naples, LLC (“CGNU”), pertaining to the Uline Corporation
regional distribution facility, by amending numbered paragraph four of the Agreement to reduce the
County’s duty to reimburse City Gate for the construction of improvements on real property to be dedicated
to the County, by providing a onetime reimbursement payment not to exceed $575,000, in lieu of a previously
agreed upon Tax Increment Financing (“TIF”) credit, which is estimated to produce a net savings to the
County of approximately $900,000, and approve necessary budget amendments. (District 3) (Commissioner
McDaniel’s request)
Note: Item 17F correction – the title errantly includes the following text, “and is further being continued to the
March 22, 2022 BCC Meeting”, this text carried over from when the item was continued to this meeting.
Time Certain Items:
Item 11A to be heard at 10:30 AM or immediately following the Court Reporter Break – 2022 Florida
Legislative Session update.
3/31/2022 10:11 AM
March 22, 2022
Page 17
Item #2B
BCC MEETING MINUTES FROM FEBRUARY 22, 2022 –
APPROVED AS PRESENTED
MS. PATTERSON: Commissioners, that brings us to Item 2B,
and that's the approval of the minutes for the February 22nd Board of
County Commissioners meeting.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we approve the minutes as printed in 2B. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: Commissioners, that brings us to Item 3,
awards and recognitions. We have two employees being recognized
today.
MR. YVENSON: There's no more speakers?
MR. KLATZKOW: Did you sign up?
MR. MILLER: I think you're confused with public comment,
which is Item 7, sir. We were listening to consent-agenda items.
CHAIRMAN McDANIEL: Yes.
MR. MILLER: I'll check with him off-line, sir.
March 22, 2022
Page 18
CHAIRMAN McDANIEL: That will be fine.
Item #3A1
AWARDS AND RECOGNITIONS – EMPLOYEE - 20 YEARS
ATTENDEE – PRESENTED
MS. PATTERSON: Commissioners, that brings us to Item 3,
awards and recognitions. We have two employees being recognized
today. The first, a 20-year employee, is Ms. Melissa Hennig from
our Public Services Department.
(Applause.)
CHAIRMAN McDANIEL: Do you want to speak, Melissa?
MS. HENNIG: No.
CHAIRMAN McDANIEL: No.
MS. PATTERSON: Thanks, Melissa.
Item #3A4
AWARDS AND RECOGNITIONS – EMPLOYEE - 35 YEARS
ATTENDEE – PRESENTED
That brings us to our 35-year attendee, Tessie Sillery from your
Public Transit and Neighborhood Enhancement Division.
(Applause.)
CHAIRMAN McDANIEL: Tessie, are you going to bring your
boy up with you? Are you going to bring him up for your picture?
MS. SILLERY: Yes.
CHAIRMAN McDANIEL: There you go. This is the most
important thing. She's got the whole clan coming.
MS. ARNOLD: Her family's here and everybody.
March 22, 2022
Page 19
CHAIRMAN McDANIEL: Thirty-five years. You've got a
few friends, huh?
THE PHOTOGRAPHER: We're going to have to get a little bit
closer together.
MS. SILLERY: Thank you for doing this. It means a lot.
(Applause.)
COMMISSIONER TAYLOR: May I ask Ms. Sillery a
question?
CHAIRMAN McDANIEL: Sure.
COMMISSIONER TAYLOR: My question is, you're with
transit, correct?
MS. SILLERY: Yes.
COMMISSIONER TAYLOR: What transit did we have 35
years ago?
MS. SILLERY: Uh-oh.
COMMISSIONER TAYLOR: We didn't, right?
MS. SILLERY: No. We just had -- we've had -- we just had
our 20-year anniversary a few years ago.
COMMISSIONER TAYLOR: So where did you start here?
MS. SILLERY: Oh, I started at Stormwater Management with
John Bolt, and then Diane Flagg with Alternative Transportation
Modes, and now with Michelle Arnold.
COMMISSIONER TAYLOR: That's great. Thank you for
your service.
MS. SILLERY: And I'm nervous. Wow. That's not like me.
Thank you very much.
COMMISSIONER TAYLOR: Thank you.
MS. PATTERSON: Thank you.
(Applause.)
Item #3D1
March 22, 2022
Page 20
EMPLOYEE OF THE MONTH – FEBRUARY 2022 – JOHN
D’ELIA
MS. PATTERSON: Commissioners, that brings us to Item 3D,
Employee of the Month. And this is a recommendation to recognize
John D'Elia as the Code Enforcement -- from the Code Enforcement
Division as the February 2022 Employee of the Month. And as he
makes his way up, I'm just going to read a little bit about him.
John D'Elia, known as Jack by his colleagues, was recently
tasked with addressing code violations involving homelessness
activity, unlawful storage, and prohibiting the use of property in the
area of East Naples. These code violations were affecting the
residents and business owners in the area. Jack went above and
beyond his normal duties as a code enforcement investigator by
partnering with local organizations and agency partners to help clean
up the area and work with the property owners to reach both a
satisfactory and impactful outcome.
When he was unable to resolve the code issues with one
property, he reached out to the property owner directly and came up
with a plan to help her address the code violations, taking this from a
potential hearing to a collaborative solution.
The property had several homeless people who had gathered a
large amount of trash, litter, and other various items creating
unsanitary conditions. Understanding that the property owner felt
unsafe to perform the necessary cleanup efforts, Jack sprang into
action by coordinating with the Sheriff's Office and the Homeless
Coalition of Collier County to assist in the relocation of the homeless
people. He then supported the organization of approximately seven
large dumpsters being filled with items ranging from broken vehicle
parts to makeshift shelter.
Jack's collaboration and exemplary customer service during this
March 22, 2022
Page 21
special project has significantly improved this area's health, safety,
and welfare.
The Code Enforcement Division wanted to recognize Jack for
providing quality service to the residence, visitors, and business
partners of Collier County, and that is why he is selected as the
Employee of the Month.
(Applause.)
COMMISSIONER TAYLOR: You said it couldn't be done.
You did it.
MS. PATTERSON: Thank you.
Item #4A
PROCLAMATION DESIGNATING APRIL 2022 AS CHILD
ABUSE PREVENTION MONTH IN COLLIER COUNTY.
ACCEPTED BY LINDA GOLDFIELD, CEO, YOUTH HAVEN –
ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 4,
proclamations. We have two proclamations on the agenda today.
MS. PATTERSON: The first is Item 4A, a proclamation
designating April 2022 as Child Abuse Prevention Month in Collier
County to be accepted by Linda Goldfield, CEO of Youth Haven.
CHAIRMAN McDANIEL: And her entourage. Would you
like to say a few words?
MS. GOLDFIELD: I would, if it's okay.
CHAIRMAN McDANIEL: Please. Not Denise, but you.
MS. GOLDFIELD: Thank you, Commissioners.
On behalf of the children and teens who call Youth Haven
home, thank you for the proclamation and for helping to build
awareness of the challenges in our community.
March 22, 2022
Page 22
Proudly, we've been providing services for 50 years in our
community. We are the only emergency shelter for children who've
been removed from their homes due to abuse, neglect, homelessness,
and abandonment. Together as a community we can create better
outcomes for the children of our community. They are the future of
our community and deserves better. Thank you.
CHAIRMAN McDANIEL: Thank you very much.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MARCH 2022 AS
AMERICAN RED CROSS MONTH IN COLLIER COUNTY.
ACCEPTED BY DENNIS SANDERS, FLORIDA GULF COAST
TO HEARTLAND – ADOPTED
MS. PATTERSON: Item 4B is a proclamation designating
March 2022 as Red Cross Month in Collier County. To be accepted
by Jill Palmer and Dennis Sanders, Florida Gulf Coast to Heartland.
THE PHOTOGRAPHER: Show me your proclamation.
MR. SANDERS: I was going to read it.
CHAIRMAN McDANIEL: Dennis, thank you.
MR. SANDERS: Thank you. A couple words?
CHAIRMAN McDANIEL: Yes, please, if you would.
MR. SANDERS: Well, good morning, all. I'm Dennis
Sanders. I'm the community volunteer leader for the American Red
Cross here in Collier County, Lee County, Hendry County, and the
other two counties, Highland.
And my executive director, Jill Palmer, she was called away.
She is the executive director for Southwest Florida. I'm her
counterpart. I'm a volunteer, you know. And as her counterpart, I
March 22, 2022
Page 23
am the ambassador for the American Red Cross. I've seen several
commissioners up here. I think I've seen you guys three times
already this month, and that's a lot, you know. So you won't see me
next month.
But on behalf of the American Red Cross, we reach out. The
American Red Cross was established in 1881. That's a long, long
time ago. Some of you were here and some of you were not here,
maybe. I don't know. But, anyway, we were on the battlefields:
World War I, World War II, Korea, you name it, Vietnam, on the
battlefields.
In addition to that, the American Red Cross, President Franklin
D. Roosevelt in 1943 saw the significance of the American Red
Cross, so he made March American Red Cross Month. And so from
there on it has always been American Red Cross Month.
The American Red Cross does more than what you may think.
They do more than give blood -- or take blood. We don't do that
here in Florida. We allow the hospitals and other organizations to do
that. But they do more than just take blood, the American Red
Cross; they reach out. The American Red Cross is not just American
Red Cross. It is global.
And speaking of being global, I encourage each and every one
of you, if you've got some spare time, other than your treasure, other
than you doing your daily job, become a volunteer for the American
Red Cross. You can go to www.RedCross.org and volunteer.
The reason why I'm wearing this mask, it's mandated. Any
picture that I take or any environment that I'm in with the American
Red Cross, I have to wear the mask. Believe me, when I get out of
here, the mask comes off.
So with all that said, I want to thank the commissioners. I want
to thank each and every one of you on behalf of the American Red
Cross; Jill Palmer, executive director, southwest Florida. Thank you
March 22, 2022
Page 24
very much.
CHAIRMAN McDANIEL: Thank you, Dennis.
(Applause.)
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Commissioners, next is Item 7, public
comments on general topics not on the current or future agenda. I
believe we've 10 speakers.
MR. MILLER: Yes. We have nine speakers here in the room,
one online. Your first speaker has been kind enough to let me off
the hook with trying to pronounce his last name. Moises will be
your first speaker. If you'll come up to this microphone.
He will be followed by Lisa Stedman. Lisa, if you want to
queue up at the other microphone.
If you could state your first and last name, sir.
MR. YVENSON: I'm Moises Yvenson Alexis.
MR. MILLER: And you have three minutes, sir. Whatever
you'd like to say.
MR. YVENSON: All right. First of all, I want to say God is
great.
And I want to thank you, Ms. Penny Taylor. I had a situation in
the city where the mayor of Naples couldn't even help me because
she claims she's just the city's mayor, and I had to go to the county.
And where I didn't see Mr. Saunders, which was supposed to be my
district representative, I didn't really get any concern from that kind
of department, but Ms. Penny did make a couple of efforts to reach
out in trying to help me how she can, and I appreciate that. That's
March 22, 2022
Page 25
what representing a town or city is about.
But, anyway, why I come here is because I'm very concerned,
too, because it's time to reset, to reset totally, and sit and meditate
with God, and now that time has expired. Now it's God people time.
And you know that we need to reset as soon as possible because look
at the body here in a city meeting where -- when I drive through
Naples, I see all races. I see Spanish, blacks, all kinds of races, but
the people that represent us, it's not balanced. Our system is
imbalanced where hospitals and jails is not giving up the footage, the
proof for the abuse.
I technically have paperwork on each -- every department that's
supposed to represent the people from the car dealerships to the
banks, from the banks to the judges to police officers to hospitals, and
I could go on and on.
And I think our first agenda right now should be how can we
safe lives. If you're concerned, I believe that you-all might feel it in
your heart to take me to Washington, D.C., to speak to the House of
Representative to give them the message that God has given me to
deliver, and I pray a lot about that. But it is what it is.
Time is ticking, and it's time for God's people to govern, and it's
not up to this government now to pick who dictate going to be the
new personnels to do that, because it's time for a change.
And if you think that maybe this guy's making this up, look at
this room right now in the city meeting. Now go to the courthouse
for children -- Department of Children's Services, go to that
courthouse and see who's in that courthouse when Naples is the
majority white.
So there's a division, and the time now stops. You-all can take
heed to what I'm saying, or you-all could move on with life. But I
know that I'm safe, and all I'm trying to do is save as much people as
possible.
March 22, 2022
Page 26
CHAIRMAN McDANIEL: Thank you, Moises.
MR. YVENSON: So, please, I hope you-all take me serious.
May the great God bless us.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Lisa Stedman. She'll be
followed by Lin Marie Carey.
MS. STEDMAN: Lisa Stedman. I am here as a voice for the
voiceless to raise awareness to the occurrence of sex trafficking
occurring here in Collier County.
This past Wednesday, March 16th, a group of us held an event
in front of the courthouse steps to promote awareness of this issue,
pray for the victims, and pray for ideas that will help us as a
community put an end to this long-standing evil.
Thanks to local media coverage, more members of our
community have been made aware and informed of the existence of
elicit exotic massage parlors in our community here in Collier County
and their open promotion online.
I have compiled a list of 46 locations and organized them by
district for you. At your individual requests, I will email them to
you.
Commissioner Saunders, District 3 has one location;
Commissioner LoCastro, District -- I'm sorry, District 3;
Commissioner LoCastro, District 1 has four locations; Commissioner
Taylor, District 4 has 13 locations; and, Commissioner Solis, who is
not in attendance, District 2 has 16 locations.
In anticipation of the argument that there is nothing that can be
done legislatively or by this commission, anyone who has lived here
for a while knows that it took years and years for Hooters to open a
Naples location, to get approval. Additionally, no strip clubs have
been approved.
In closing, I'd like to quote Proverbs 31, Verse 8. Speak out on
March 22, 2022
Page 27
behalf of the voiceless and for the rights of all who are vulnerable.
Thank you.
MR. MILLER: Your next speaker is Lin Marie Carey. She'll
be followed by Vincent Keeys.
MS. CAREY: Good morning, and thank you for hearing me
today.
Like Lisa, I'm here to bring your attention to the issue of human
trafficking and sex trafficking in Collier County and seek your
leadership in developing a swift, logical, and humanitarian solution to
stop the marginalization of vulnerable in Collier County.
Lisa shared some good politics to it, but I wanted to share my
personal experience. I was stunned by the revelation that this was
even an issue in my adopted community of Naples. My folks bought
their place here in 1998 when they were just snowbirds, and they
retired here and moved here permanently from Central Illinois in
2012. I visited multiple times a year, often monthly, until I moved
here in March of 2020 before the COVID madness started.
As conservative, law-abiding Mid-westerners and me as a native
Chicagoan, I really valued Naples' small-town feel with low crime
yet safe subcommunities and especially the diversity, being from
Chicago. In fact, a lot of people and local Neapolitans don't realize
the rich diversity Naples has to offer such as having one of the largest
Haitian populations in the country, as well as Jewish, Asian, and
Latino communities. This is what makes us great but, unfortunately,
can also bring problems with the marginalization of the most
vulnerable people.
For my experience, I'll just say a friend of mine told me that he
was propositioned at a very high-end massage parlor close to Fifth
Avenue. He was propositioned for a happy ending. And when he
told me about that, me being the naive person that I was, I didn't
know what that meant. And when he explained it to me after, I think
March 22, 2022
Page 28
throwing up in my mouth, I couldn't believe that that would happen,
not only because I couldn't believe it would happen in my little
Naples, but because it was so close to Fifth Avenue, and that event
cost him $380.
When I learned a little bit more about what was going on in my
community and the people who, as this gentleman told me, was most
likely under age, I was shocked. And as a pro-life person, I knew
that my pro-life advocacy couldn't just stop with the unborn; that it
had to be for what I now have come to learn are sex-trafficked and
human-trafficked Asians who are brought into our community to
serve in these exotic massage parlors.
And so I hope that none of your friends and family ever have to
deal with that. But I just appeal to your humanity and ask you to
bring some leadership and awareness to partner with us in the
community to keep Naples a safe and humane town.
Thank you for listening.
MR. MILLER: Your next speaker is Vincent Keeys. He will
be followed by Jeff Barr.
MR. KEEYS: Good morning, Vincent Keeys from the
NAACP. Mr. Chair and Commissioners, it's good to visit you this
morning.
I stop in to provide to you two updates. Number one, this
Saturday we had the falling of a real soldier in Naples. Pastor
Lonnie Mills passed away, and we would appreciate a moment of
silence or a proclamation on his behalf. He was the reverend here
for about 10 years, and we just would like to make sure that the
County Commissioners recognize his diligent work here in the
community.
Also, we'd like to introduce to you Mr. Bill Dwight who would
like to provide you with a quick update on the grant that we've
received.
March 22, 2022
Page 29
Mr. Bill Dwight.
MR. DWIGHT: Thank you, Vincent.
And thank you, Commissioners, for your support of our efforts
to create Naples' first African-American museum using the baggage
car at the Depot Museum in Naples.
I am pleased to say that Vincent and Amanda Townsend, the
museum director, and I went to Tallahassee to defend our grant
application, and we have received official notification that we
are -- we have received $399,000 in grant money towards that
project, which will get us quite a ways into the project. So we're
very excited about that, about creating Naples' first African-American
museum.
There are great things happening at the Collier County
Museums. And I also wanted to invite all of you and all of the
public to the cattle drive event at the Immokalee pioneer museum this
Saturday. It starts at 9:00 a.m. They drive 200 head of cattle
through the city followed by all kinds of events with food and music
for the day. It's a great, free, you know, family event.
And we'd also like to thank Senator Kathleen Passidomo and
Representative Bob Rommel for their support when they were in
Tallahassee. We met with them, and they endorsed the project so
everybody seems to be on board with this project, so we're very, very
excited, and thank you again.
MR. KEEYS: And we definitely want to thank the County
Commissioners. Thank you.
MR. MILLER: Mr. Chairman, your next speaker is Jeff Barr.
Mr. Barr has been ceded additional time by Shari Barr.
(Raised hand.)
MR. MILLER: Thank you.
Clarence Feder?
(Raised hand.)
March 22, 2022
Page 30
MR. MILLER: Okay. He's here.
And, Bill Thomas?
(Raised hand.)
MR. MILLER: He'll have 12 minutes. And he will be
followed by Robert Cadenhead.
Mr. Barr, I have some pictures and a video. When you call for
them, I'll have them up on the screen, sir.
MR. BARR: Great. I'm not going to talk about this from the
beginning. We own a business that's on 3950 Mercantile, and it
happens to be next to Cadenhead's mountain. Which anybody that's
been here for any length of time is quite familiar with it.
CHAIRMAN McDANIEL: That's the one in behind
Michelbob's?
MR. BARR: Well, we're a little bit north of Michelbob's but,
yeah, back behind Tamiami Ford.
CHAIRMAN McDANIEL: Right.
MR. BARR: Right across from FedEx.
Anyway, he was there first, and I acknowledge that, and I dealt
with it for a while. And the problems just became worse and worse.
So we started photographing this. And we have some
photographs that go back as far as 2018. In 2018 we started telling
our story, and I tried to get help from the DEP, which that was
absolutely a waste of time. I went to Code Enforcement, and they
were very nice, and they came out on site and talked to us a little bit
and told us that, you know, he was going to do this and he was going
to do that. Nothing ever.
We continued to breathe dirt and have skin irritation and
bronchial problems. And Bill Thomas is here to help attest to that,
and some of my other employees I brought.
And it's just an ongoing problem. And I understand that he's
grandfathered in and all this other stuff, but what we do and -- is a
March 22, 2022
Page 31
really bad place. But there's another -- a couple things. There's a
red circle that shows the fence that's pulled in -- pushed in. That's
trailers on his side that the dirt mountain is actually pushing the
trailers into the fence and collapsing the fence.
I've talked to Code Enforcement numerous times. They don't
seem to care about it. I've talked to the Fire Department, I have
talked to OSHA, I've talked to pretty much any -- any kind of
government organization, and until I met Penny Taylor, I thought that
I was screwed, it was done.
And I talked to Penny, and I started feeling like maybe
somebody actually does care. So I decided to come here -- and I've
never been to one of these. It's been quite interesting.
So I came here, and I'm hoping and I'm really looking forward to
having somebody actually care about my employees more than
anything. Forget the money I spend cleaning millions of dollars’
worth of cars. I'm not talking about that. I'm talking about the 20
people that are there six days a week, sometimes seven days a week,
that are breathing his concrete, his dirt and everything else that's
coming in there.
They've been cited in the past for improper disposition of
asbestos. God only knows what's in this mess. And the clouds,
that's literally -- that tractor is about 60 or 70 feet from the doorway
to my shop, and you can see him dumping material right there.
(Video is being played.)
MR. BARR: Every time that's dumped, there's a cloud of dirt
that comes through that we all have to breathe. Do you see the
cloud? And we're not photographers. We can't photograph the dirt
that wafts through the shop continuously.
And I know Code Enforcement says they've been there, and he's
doing all the things that he's supposed to do, and he's not causing a
mess and they run a sprinkler. The sprinkler's a joke. And they run
March 22, 2022
Page 32
the sprinklers occasionally, whenever I start complaining.
Right now I just had a text that he's got the sprinkler on top of
that mountain sprinkling, which it doesn't matter what he does right
now because as soon as you turn your back, he does something
completely different. It's notorious. It's been going on for 50 years.
I've been here the whole time. I used to ride my motorcycles all
around there. I know what's here, and I know the way that he's
grandfathered and this and that. It's not that anymore. And the
bottom line is is there's numerous people in addition to my 20 people
that are affected by this.
The guy behind has a bus depot. He knowns Penny pretty well.
He wants to remain Switzerland in this whole thing because he's
hoping he's going to sell the property, and, God, I hope he sells the
property. Frankly, I don't see how you could buy it, because it's
probably got more crap buried in it than anybody could possibly
afford to get rid of.
But we need help with this. I mean, it's not fair to my people.
I've even gone as far as called OSHA, and that's like dancing with the
devil for me. I mean, it really is. And OSHA told me, quite
honestly, there was nothing they could do because they were
responsible for my employees, not his.
Well, his dad -- and I'm sorry you lost your dad. I really am.
The site soot is dangerous. Some of the pictures show a guy
standing on the side of the grinder while it's running, while it's
working. I mean, it's a disaster looking for a place to happen. It
always has been. It's always going to be.
So I'm just begging. I'm pleading with you guys. I mean,
we're tired of breathing dirt. And Shari said something to him about
us having red rashes. Now, we've worked in a hostile environment.
We're not sensitive people. I have a full-on body shop. We do
fabrication, welding, cutting, grinding. I owned a boat
March 22, 2022
Page 33
manufacturing company years ago. We're not sensitive people, but
when we get red rashes -- and he says to her, oh, that's the ground-up
concrete dust. Well, shit, that's great. I mean, I'm glad we know
what it is.
But it seems to be okay that that is happening, and nobody cares
about it. And I'm baffled by it, I really am, because it's not just me.
The stuff is traveling through the entire area of the park. But I have
20 people that I'm responsible for that come to work every day that
miss work occasionally because they're sick for one reason or
another. And as I said, Bill's here. He's going to tell you two weeks
ago he was out for two days with a sinus infection. These are
healthy people. These aren't people that miss work.
This is a serious issue. It's not going away. It doesn't matter
what they say they're going to do, because they won't -- if they do it,
they won't do it for long. It's proven over and over again.
What happened on Davis Boulevard? I got a reprieve for about
a year. And I wasn't sure what was going on. The grass grew on
the hills. It was an eyesore. It looks like a nightmare. And my
customers were high-end Naples residents. They all look at it and
go, what the heck is that?
And I don't really know. I can't tell you. We had about -- a
reprieve, and I wasn't real sure what was happening until it ended and
you guys ran him off of Davis Boulevard, which I understand.
That's a pretty big disaster. I'm not quite sure how that ever
happened.
But now he's running full tilt. I mean -- and this guy, he's hell
bent for election. He wants to make some money. And I applaud
that. That's great, but not at my expense. I pay $14,000 a month to
be in that building. I have I don't know how much money in
employee costs and everything else. And it's not fair that I have to
deal with this. It isn't. I know. I know it's grandfathered. I know
March 22, 2022
Page 34
he's been there a long time but, you know what, a lot of things have
changed, and something needs to be different. It really does. And I
don't know what your power is to do something about this. I don't
know that you can force the sale. I don't know whether you can end
this.
I mean, even if he was processing instead of collecting. Again,
what do they do? They bring in stuff, they dump it, they dump it.
They make the piles bigger and bigger.
Well, you know what, processing and moving the dirt 10 feet off
the ground, that's one thing. When you've got 30 or 40 feet in the
air, that's another thing.
Code Enforcement has been in there and talked about the sheer
angles of the hill. There's crap rolling down the hills. I mean, you
can see the trailer being pushed into our property, that's pushing our
fence down that I paid for. Nobody cares. Nobody cares. Nobody
does anything.
And like I said, it's Code Enforcement. Code Enforcement does
this. And they're really nice guys. They come out and they talk to
me, and they say, yeah, we'll do this and we'll do that. And big deal.
And it got to the point where I got tired of wasting my time. And I
hope I'm not wasting my time here today, because it costs me a lot of
money to bring these people here, and I've got a lot of things I need
to be doing.
But Penny gave me a glimmer of hope that maybe you guys will
actually pay attention to this and finally do something about it. I
mean, these guys are notorious. They've made a mess everywhere
they go, and it's a joke. I mean, everybody says that they have some
sort of relatives in Collier County is how they get away with this.
But I think the bottom line is it's just -- somebody is so difficult to
deal with that everybody doesn't want to deal with him, and that's the
bottom line, you know.
March 22, 2022
Page 35
And I -- I don't know what else to say. I just -- I hope that -- I
hope that somebody actually will finally recognize that Collier
County has grown to a point that this has got to get under control. I
mean, it's not just me. I mean, people drive by and laugh. And,
again, my customers, they're super high end. I mean, and they're all
Collier County residents or at least property owners, and they look at
it and go, what is this? How does this even exist? I mean, and I
don't know what to tell them. It's been there a long time. Nobody
seems to care.
So you saw my pictures. Does anybody have any questions
about the pictures as far as distance or reference or clouds of dirt?
Ages. Again, this isn't new. I've been doing this for years, years,
and nobody cares, so...
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: So, County Attorney, where are
we with this legally?
MR. KLATZKOW: Well, this is the first I've heard of this, to
be blunt. If Code Enforcement's been down there and they can't do
anything, it's because we don't have anything in our codes that would
make this in any way unlawful.
MR. BARLETT: Excuse me. They do.
CHAIRMAN McDANIEL: One second. Sir, this
is -- we're -- this is between the Board and the County Attorney, so...
MR. KLATZKOW: If -- your best bet, I think, is for staff to
review the issue and come back with a recommendation of whether
or not there should be a change in your codes to handle this. I don't
know what to say. It's industrial-zoned property. This is what gets
done on industrial-zoned property. We can certainly take a look at
it.
CHAIRMAN McDANIEL: Absolutely. And, Commissioner,
do you have anything else for the County Attorney before I go to
March 22, 2022
Page 36
Commissioner Saunders? Because I have a question for him when
we're done.
COMMISSIONER TAYLOR: No, no.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: This actually is the first time
I've heard of this as well, and it's a bit shocking. So I was going to
ask the County Attorney a couple questions, but I'll wait until
afterwards. But I wanted to say for the record that I was not aware
of this. I'm not sure what -- is this in -- what commission district is
this in?
COMMISSIONER TAYLOR: Four.
CHAIRMAN McDANIEL: Four, District 4.
COMMISSIONER SAUNDERS: Is it in 4? Not that that
matters, but I just was not aware of it. I'm looking forward to
hearing the other conversation, but it seems almost impossible for me
to believe that there's nothing in our codes that would prohibit us
from taking some action here.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: So, Mr. Attorney, I need you
to kind of think through this a little bit as we're listening to this
discussion, because there are going to be some questions for you
afterwards.
CHAIRMAN McDANIEL: As a matter of course for you,
we're discussing things that are not on today's agenda. And so -- and
we're not going to take a vote on anything other than giving direction
to staff and/or maybe the commissioner of the district to bring
forward an agenda item so that we can actually have a public hearing,
hear from both sides, everybody that's impacted by this, and then
make some decisions with regard to what we can and cannot do,
because you said today was your first day. You won't be able to say
that twice, because I'm thinking you're coming back, so --
March 22, 2022
Page 37
And I have a question for the County Attorney myself, and it's
similar to what Commissioner Saunders said, and that is -- I mean,
we have -- we have a zoning code. We have a Code of Laws. We
have -- you know, there again, I have other friends and property
owners who have encroachment issues with fences and so ons and so
forth. It's interesting to me that we're -- circumstances have got this
far along.
MR. KLATZKOW: Again, the first I've seen this. The first
I've heard about it. I have no idea what staff's been doing, but I
would tell you that your Code Enforcement staff is outstanding. If
they were in violation of a code, there would have been --
CHAIRMAN McDANIEL: Sure.
MR. KLATZKOW: There would have been a violation issued.
That doesn't mean we can't look at this and change our codes.
CHAIRMAN McDANIEL: Well -- and maybe -- there again, if
it meets with the pleasure of the Board, let's have an agenda item to
bring it back and actually have a public hearing on it so that everyone
that's impacted can actually weigh in on the decision as to how, in
fact, we go. That's the solace that I can offer you today, because we
will have another hearing where we'll be able to make some
decisions. We don't make decisions on items that are not publicly
advertised and everybody that's impacted has an opportunity to weigh
in.
MR. BARLETT: I understand.
CHAIRMAN McDANIEL: Okay.
MR. BARLETT: I understand.
CHAIRMAN McDANIEL: So with that, we're going to have
another agenda item, and you'll be notified accordingly.
MR. BARLETT: Great. Thank you.
MR. MILLER: Mr. Chairman, your next speaker under public
comment is Robert Cadenhead. He will be followed online by
March 22, 2022
Page 38
H. Michael Mogil.
MR. CADENHEAD: Hi. Thank you for letting me speak.
I understand the concerns that Barrs [sic] has, okay. And we
are doing -- we are processing and crushing our material. We are
keeping our material wet, as wet as we can keep it.
And I have all my permits from EPA. I have all my
certifications on my crushers. And the simple fact is, we're in an
industrial park. This is -- we have hundreds of trucks going up and
down the road every day, concrete trucks, everybody, and we're
surrounded by two concrete plants, a C&D processing plant right
down the street. What we are trying to do right now -- and I
understand that Mr. Barrs and my father -- and my father's no longer
here -- has made promises. We are trying to get these piles down to
a manageable size to where we can continue to work and process
concrete.
I don't want to have big piles sitting there. I don't want to have
any complications and create Barrs any hassle. I'm trying to do
everything that I can possibly do in there to make this happen as easy
as possible. We went ahead, we paved all of our front area on
Mercantile to help cut down on the dust. We are watering
continuously 12 to 14 hours a day. In the areas that we are working
in, we are watering 12 to 14 hours a day, all night long.
When we shut down at 3:00, 3:30 and those are the areas we
start watering. And those are the areas that we have worked in.
Jack McKenna and Jeff, I don't know pronounce -- Letourneau,
the code manager, have been on site over five times and met with me
each time, and they have not found one issue with dust coming off
our property. EPA, DEP has met with us last year. They have not
found one issue.
In fact, I talked with DEP. They're going to be down the street
doing an inspection tomorrow, and she's going to come by. You
March 22, 2022
Page 39
know, I'm watched more by these people than anybody else, so we
have to follow it.
His comment of, as soon as you turn your back. No, this is not
what I need to do because I have to deal with Jack, and I have to deal
with everybody. So it does me no good not to do what I say I'm
doing, okay.
And we are -- again, we're going to continue to work. We have
to work to make a living, but we are going to continue to try to get
these piles into a manageable size and keep them manageable to
where they're not 30-foot, 40-foot, 50-foot tall to where it's not an
eyesore and it's a comfortable business.
CHAIRMAN McDANIEL: Thank you, sir.
MR. CADENHEAD: So -- and again, we're in an industrial
park. You know, his business is C-4, C-2.
CHAIRMAN McDANIEL: Appreciate it.
MR. CADENHEAD: Thank you.
MR. MILLER: Mr. Chairman, your final registered speaker for
public comment is online, H. Michael Mogil.
Sir, you're being prompted to unmute yourself, if you'll do so at
this time. And you have three minutes, sir.
MR. MOGIL: Good morning. My name's Mike Mogil. I live
in the Vineyards.
I want to just go on the record. For the first -- past two BCC
meetings I've had at least one speaking request denied because of
nonreceipt of my application to speak. I've asked for a reply on the
feedback form, and the feedback form has an error in it. It says,
please call me or please email me. The "please call me" will not
allow for a phone number. That needs to be corrected.
Next, a couple of weeks ago I raised a matter of overgrown
median vegetation. At the conclusion of my comments,
Mr. LoCastro noted that the problem was most likely with state
March 22, 2022
Page 40
roads, not county roads. I wish to correct the record. The matter
spans both types of roadways in Naples. I had no way to correct the
record two weeks ago.
I am willing to use my personal vehicle, pay for expensive gas
and use my time to personally drive any interested commissioner or
county employee working on median maintenance around Naples to
showcase the problem. I hope somebody or somebodies will take
me up on that offer.
I also want to note that for each session of the BCC -- I think
there's three Cs there -- public meetings, I briefly check out the
number of pages of supporting documentation. It's in the thousands.
And I just wonder if each of you and your staff, your personal
position staff, not the county staff, can actually read this amount of
material. With this amount of background and not being able to go
through it in detail, that's how things get approved and passed and
then they have to be fixed up after the fact. So I hope that there's a
way to shrink the amount of attachments that people have to go
through.
An earlier speaker made comments about Naples area flooding.
I've been before the commissioners several times in the last five or
six years concerning paving over of Collier County, and this matter
really deserves serious consideration before more land is paved over
and more trees are cut down in our county.
And, finally, a quick comment regarding Lisa Stedman's
testimony about massage parlors. I used to operate a math tutoring
center in The Strand shopping center. The county actually required
me to go before a public hearing, pay several thousand dollars to get
approved to put a tutoring center there because the PUD did not allow
it; however, a massage parlor operated two units down the hall, and
this was one of the ones that was busted during the big raid a couple
of years ago. So I suspect the rules for PUDs and the businesses that
March 22, 2022
Page 41
are allowed in PUD developments haven't changed, and I think that's
something that needs to be addressed.
So thank you for your time and interest. I'm also available to
work with any of the commissioners and any of their staff to solve
community problems.
CHAIRMAN McDANIEL: Thank you, Mike.
MR. MILLER: That was your final registered speaker,
Mr. Chairman.
CHAIRMAN McDANIEL: Okay. Did you get him muted,
properly muted?
MR. MILLER: Yes.
CHAIRMAN McDANIEL: All right.
Item #9B – Moved from Item #16A1 (During Agenda Changes)
RECORDING THE FINAL PLAT OF SHADOWWOOD - PLAT
ONE (APPLICATION MUNBER PL20210001045) APPROVAL
OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE
PERFORMANCE SECURITY IN THE AMOUNT OF
$2,467,157.80 – MOTION TO APPROVE ADJUSTMENTS AS
PRESENTED BY THE COUNTY ATTORNEY AND AGREED TO
BY THE DEVELOPER AND NEIGHBORS – APPROVED
MS. PATTERSON: Commissioners, that brings us to Item 9B,
formerly 16A1. We've already -- you've provided ex parte on this
item, but it is a recommendation to approve for recording the final
plat of Shadowwood Plat 1, Application No. PL20210001045,
approval of the standard form construction maintenance agreement
and approval of the performance security in the amount of
$2,467,157.80. This does require the participants to be sworn in.
March 22, 2022
Page 42
CHAIRMAN McDANIEL: Before you go there, what agenda
item was it on the consent?
MS. PATTERSON: 16A1.
CHAIRMAN McDANIEL: 16A1.
If everybody who is going to give testimony today can stand up,
please, raise your right hand. I don't know how many people are
here still. Two of you.
(The speakers were duly sworn and indicated in the affirmative.)
MR. KLATZKOW: And we have a resolution.
Sally, if you'll put it on the overhead.
CHAIRMAN McDANIEL: Say that again.
MR. KLATZKOW: We have a resolution of this matter.
CHAIRMAN McDANIEL: Oh, okay. Oh, we do have a
resolution?
MR. KLATZKOW: Yes.
CHAIRMAN McDANIEL: Oh, okay. Outstanding.
Someone's been working diligently in the hallway while we were --
MR. KLATZKOW: Exactly.
CHAIRMAN McDANIEL: -- listening to Mr. Mogil.
MS. COOK: Jaime Cook, your director of Development
Review.
The Development Review staff reviewed this PPL application
for the subdivision plat and found that it was consistent with both the
PUD ordinance as well as the Land Development Code.
One of the issues specifically brought up by the resident was the
wall. The wall is a 6-foot wall on a -- at the top of a 4-foot berm,
which I believe is satisfactory with the neighbor who requested a
10-foot wall.
The lake -- there are three lakes on the property which have all
been permitted by the South Florida Water Management District, and
the Environmental Resource Permit has been approved for those
March 22, 2022
Page 43
lakes to provide stormwater management for the property; therefore,
staff has determined that this plat is consistent with both the
ordinance and the Land Development Code.
I will let John speak to --
MR. KLATZKOW: Yes, we'll be amending Section 19,
correct?
MS. COOK: The amendment, correct.
MR. KLATZKOW: Yes.
MR. ASHER: For the record, my name's John Asher with GL
Homes.
Yeah, we have communicated with the residents and, as you see
on the overhead, we're more than happy to amend the language that
will be in the recorded declaration to further acknowledge the Wing
South Airpark and the problems with the noise and odor and
everything that they're looking for.
We'll also -- that exact or very similar language will be in the
sales contract that any purchaser will sign before closing or before
purchasing on the contract, and then that contract will also reference
the deed. The deed will reference the declaration. So it's basically
a belt-and-suspenders approach, so -- for any subsequent buyer.
We understand that, you know, we don't want our buyers to
affect the operations of the airpark. We want to be a good neighbor.
So we've agreed to all their requests. And the wall will help us, our
residents, you know, avoid any issues with sound. So, you know,
we're more than happy to do that.
CHAIRMAN McDANIEL: Good. Good.
Commissioner Taylor, do you have a question for --
COMMISSIONER TAYLOR: I have a question for our
County Attorney regarding this. Do we need to have something that
says that there's some kind of signature required besides
signing -- initialing or something that they see this, these buyers?
March 22, 2022
Page 44
Because I know what's going to happen. It happened at Bayfront.
MR. KLATZKOW: Oh, what's going to happen is that people
are going to move there -- I know exactly what's going to happen.
People are going to move there. They're going to complain about
the noise. They're going to say, well, we disclosed it to you, and
they're going to say, well, I didn't read it. And -- because
that's -- that's what I've been hearing over the years from other
different issues.
I don't know how to fix that. They're being provided the
documentation. You would think about a purchase of the size that
that's going to be that you would read what you're buying. And
maybe they do, maybe they don't, but they always say that they
didn't.
But the airport's there. It's not going to change. It's not going
to move. They're moving to the airport. And you may get
complaints, but we're not going to do anything about the airport.
COMMISSIONER TAYLOR: Okay. Good.
CHAIRMAN McDANIEL: I mean, it's a matter of the contract.
It's a matter of the deed. The reference is going to be there with a
deed-restrictive covenant that's going to travel with the property, so...
MR. KLATZKOW: I don't know what else we can do as a
county.
CHAIRMAN McDANIEL: As a county, I think we've done
virtually everything we necessarily can. Ultimately, the goal's going
to be to not have somebody move in next door and then complain
about the airport after they move in.
MR. KLATZKOW: We had extensive discussions on this at
the Planning Commission.
CHAIRMAN McDANIEL: Right.
MR. KLATZKOW: And this isn't new.
CHAIRMAN McDANIEL: I have a question for the board
March 22, 2022
Page 45
member. I just want to -- you had made several representations
about memorializing the request of the property owners there. Are
you -- not happy. I don't want to ask you if you're happy.
MR. DEY: It appears that the developer has agreed to this.
You're making it a matter of record here. And to make it clear, I am
not a board member; however, I'm acting on their behalf. And they
said if all this got agreed upon, at our next meeting they would pass
it.
CHAIRMAN McDANIEL: Okay.
MR. DEY: That it's okay. As we said, it's a done deal. We
want to try to make the best of what we have. And as the County
Attorney says, you know, they'll move in, and then they'll complain.
So it gives us a little bit -- they agreed to put it in bold or red or
whatever to make sure that these people signed. So if we have a
problem, they can't say they didn't know about it.
MR. KLATZKOW: There are people complaining about the
Naples Airport noise.
CHAIRMAN McDANIEL: Yeah, exactly.
MR. DEY: Eight miles away.
MR. KLATZKOW: So I don't know what to say.
CHAIRMAN McDANIEL: As soon as the wind changes
direction and the planes are coming in from a different direction, then
you get the complaint, but --
COMMISSIONER TAYLOR: Wing South might want to have
a welcoming committee, you know how you bring casseroles over to
folks who've moved in. This could be a special basket, just so you
know what you're moving into.
MR. DEY: We really appreciate you handling this the way we
did. There's no sense getting in a long thing over it.
CHAIRMAN McDANIEL: Right.
MR. DEY: And we're having a 50th anniversary party at Wing
March 22, 2022
Page 46
South April 2nd, I believe. April 2nd.
CHAIRMAN McDANIEL: April 2nd.
MR. DEY: Our district commissioner, who we have never met,
we have invited, and certainly any one of you are welcome, because
this doesn't seem to be anything at the moment that there's -- but it's
putting in 50 years there in operation.
CHAIRMAN McDANIEL: Outstanding. Well, let's take a
motion on the approved language --
MR. DEY: Thank you.
CHAIRMAN McDANIEL: -- and adjustments that we've got
here. Commissioner Taylor, you want to --
COMMISSIONER TAYLOR: I make a motion to approve the
adjustments as presented by the County Attorney and agreed to by
the developer and the neighbors.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept this language as is, where is. Is there any other
discussion?
COMMISSIONER LoCASTRO: Not on this. I wanted to say
something after this.
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: And my question, before I go to
the commissioners, make sure you send us all an invite to your
50-year thing. I'm not sure if I'll be able to attend or not, but I know
we all feel the same way. Even though we're not necessarily the
March 22, 2022
Page 47
commissioner of that particular district, we're all your county
commissioner. You might just not -- can't vote for me.
MR. DEY: Well, that's great, because so many people don't
know we're there. We've been -- we try to take -- you know, try to
be very, you know, cognizant of our neighbors; however, with
commercial pilots living there, sometimes they take off 3:00, 4:00 in
the morning in their planes to go over to Lauderdale or something,
so...
CHAIRMAN McDANIEL: Sure.
MR. DEY: But we want to be good neighbors.
CHAIRMAN McDANIEL: Thank you, sir.
Commissioner LoCastro.
MR. DEY: Thank you.
COMMISSIONER LoCASTRO: Yeah. I just wanted to make
an, you know, overall statement. You know, what we just saw here
in the last -- and I'm sorry that the body shop people just walked out,
because I really wanted to say something to them.
But, you know, this is the power of citizen engagement. So
what we just heard here is so there's a pile of rock that's been sitting
there for, you know, 20, 30 years or whatever, and everybody's upset
about it, but not one commissioner, not the County Attorney -- and
I'm not saying that as a stone-throwing thing -- were aware of it.
And that's not our fault. We don't have a crystal ball.
But this is why it's important for citizens to get engaged. And,
you know, often we hear from citizens, well, I work all day. I can't
come to this meeting. Send us an email. I mean, if the
commissioners here got 20 emails on that project, I don't think we'd
all be sitting up here clueless about it.
You know, on the flip side, too, I also say, if a 30 pile -- you
know, 30-foot pile of rock is unacceptable, so when it was 15 feet,
what did we do? When it was 20 feet, what did we do?
March 22, 2022
Page 48
And in the end, I would just say, just because something's zoned
industrial doesn't give you a blank check to do whatever the heck you
want.
And I'll dovetail this on giving a shout-out to Lisa Stedman and
her team that came up here. You know, I mean, we've got an issue
like this, they did their homework, you know, get to us here. And
you don't necessarily always just need to come in person, but this is
the power of citizen engagement. Know who your commissioners
are. Know how to get ahold of us. If -- you know, we heard from
one gentleman, well, the ordinance guys, they don't care, they don't
care. I'm pretty proud of the ordinance team, and I think they do
care, so I'd love to hear, you know, their feedback at some point.
But having said that, if you run into a county department that
you think is stonewalling you or doesn't care, then that's where you
come to your elected officials or you move it up the chain of
command and eventually get to us. I mean, how many people make
comments at the podium here saying, you know, I got ahold of one of
the commissioners here and we finally got action?
So, you know, I know I'm just sort of making a soapbox speech
but, you know, I sit here, and it's really an eye opener that when we
have citizen engagement, stuff gets done. And sometimes we also
catch maybe departments that aren't doing such a great job. I mean,
how many of us have gotten emails from people saying, you know,
I've been waiting 10 months for a permit to pour a sidewalk. Don't
you think that's about eight months too long? And then we talk to
the permitting guys and, you know, it fell behind a file cabinet or
somebody who's sort of a slow swimmer hasn't really been working
as hard as they need to.
So power of citizen engagement. This is a powerful room, but
there's a lot of ways to get information to us. We get hundreds of
emails a day, phone calls. A county attorney is always available. I
March 22, 2022
Page 49
thank the people that came here, and we need to take action on these
things.
CHAIRMAN McDANIEL: Thank you. Thank you, all.
We're good.
Item #10A
RESOLUTION 2022-56: NOMINATE AND APPOINT FOUR
MEMBERS TO THE COUNTY GOVERNMENT PRODUCTIVITY
COMMITTEE – MOTION TO CONTINUE AND READVERTISE
– FAILS DUE TO LACK OF A SECOND; MOTION
REAPPOINTING MICHALE LYSTER AND GERALD
GODSHAW – ADOPTED; MOTION TO CONTINUE
ADDITIONAL APPOINTMENTS UNTIL PRODUCTIVITY
COMMITTEE HAS AN OPPORTUNITY TO REVIEW
APPLICANTS AND BRING BACK AT A FUTURE BCC
MEETING – APPROVED
MS. PATTERSON: Commissioners, Item 10A is a
recommendation to nominate and appoint four members to the
Collier County Government Productivity Committee.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN McDANIEL: Do we have a staff report on this at
all beforehand or no?
MS. PATTERSON: No, sir.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So these committees have
been something on my short list that I've really been focused on, as
have other commissioners up here. I really appreciate, you know,
Commissioner Taylor's been advertising these committee vacancies
March 22, 2022
Page 50
in her newsletter. I have. I believe the other commissioners have as
well. We put it on the county website.
I have so many town hall meetings. I've had 124, I think, since
I took office, and one of the things I hear from citizens is, how can I
get involved? What can I do? And, you know, I can't come to these
meetings, but how do I get on a committee? What are the
vacancies? And so after speaking to the County Attorney yesterday
and then this morning, we might not be advertising these things as
aggressively as we should. You know, it's buried somewhere on the
website.
I mean, the County Attorney said to me this morning -- and it's a
great comment -- he said, try to find where these vacancies are and
see how quickly you can find the website. Now, I bet I could find it
fairly quickly, but I'm a County Commissioner. I should be able to
navigate the website. If I'm Rick LoCastro, average citizen, and I've
never even been to the county website, I bet I can't find it.
And so one of the things that I want to make a motion to propose
is to continue this and we don't vote on the vacancies, because in this
particular case, we have six empty seats. We only got four
applications. I don't think it's prudent to just say, well, all four
automatically get seats because, you know, they were the only ones
that applied. I'll rather see the seat empty and continue to advertise
it aggressively maybe in a different way so that we get applications.
And these are important committees that make decisions that
eventually come to us or sometimes don't come to us. These
committees are deciding things, and it moves action in the county.
So this is nothing against the people that are on this list, but I
just have a real problem with sort of automatic county appointment
because there's six vacancies, four people applied, and we heard from
no one else. If we give this a much more aggressive try and this is
just a committee, this Productivity Committee that people aren't
March 22, 2022
Page 51
interested in, you know, so be it. But I'd rather not lean forward and
try to do something quick and irresponsibility or not as responsible, I
should say.
And so, you know, my motion was going to be that we continue
this and we do everything we can to either work through, you know,
the appropriate departments or even on our own accord here to get
these vacancies advertised and see if we can make sure that it's more
of a -- you know, I don't want to say a competition, but that it's, you
know, competitive so that we don't just automatically appoint people.
CHAIRMAN McDANIEL: All right. It's been moved that we
continue this item. Is there a second?
(No response.)
CHAIRMAN McDANIEL: Motion fails due to a lack of a
second.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. I'd like to bring forth
Wayne Mulligan who has written me an email regarding his interest
in serving on this committee. He has a strong background in -- and
he's lived in Collier County for 21 years. He's -- I think he'll be an
asset and, my understanding, six vacancies. So with the
Commission's indulgence, I'd like to put his name up for nomination
for this committee.
CHAIRMAN McDANIEL: Are you making a motion on that?
COMMISSIONER TAYLOR: I'm not sure. I thought we
could hear and then make a motion. But I certainly can make a
motion right now to add Mr. Mulligan's name to this list.
CHAIRMAN McDANIEL: I would suggest, if Mr. Mulligan's
interested in serving on this committee, that he apply and go through
the review process of the existing committee as the four people who
have applied here today have done and then come back to us at our
next board meeting just so we have an opportunity to review his
March 22, 2022
Page 52
resumé and what his credentials are and so on and so forth. I would
be hesitant on nominating someone -- personally, I'd be hesitant
without having -- without having had an opportunity to review.
COMMISSIONER TAYLOR: If I may have your indulgence,
I'll just read a couple of quick things about Mr. Mulligan. He has 41
years residence in Richmond. He was active in Richmond, Virginia,
in community affairs. He was president of a country club, Chairman
of Henrico Business Council, founder and chairman of the Richmond
Plant Managers Association, served on the board of directors of the
Greater Richmond Chamber of Commerce, the board of directors of
the C.J.W. Medical Center, and the Foundation Board of the Virginia
War Memorial, but in Naples he is a graduate of the Greater Naples
Leadership, he has lived here for 21 years, he is a past treasurer and
member of the GNL board of directors.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: It's here. And I just -- when
you have volunteers setting out for things, I really would like to put
his name forward.
CHAIRMAN McDANIEL: I would certainly accept his name
to come forward. I'm not comfortable in doing it on the fly in an
open meeting. I would suggest that he make the -- that he make the
application, he go through the process, and he be reviewed by the
committee where we have an opportunity to read all of that and not
just have it be nominated here today.
COMMISSIONER TAYLOR: It's my understanding these
names that are front of us are not reviewed by the committee.
They're just brought forward by people who have gone and filled out
a -- right? There's --
COMMISSIONER SAUNDERS: They reviewed them.
COMMISSIONER TAYLOR: They review them?
CHAIRMAN McDANIEL: Yeah. And it's been
March 22, 2022
Page 53
recommended by the committee that these people come forward.
We have a process --
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: -- for people who -- we have a
process for people who want to apply to be members of these
committees. And, it is -- has been -- it's actually part of our
executive summary that the committees reviewed these applicants.
COMMISSIONER TAYLOR: If -- with your indulgence, I'd
like to hear from Commissioner Saunders, as he is the --
CHAIRMAN McDANIEL: He is next on the list.
COMMISSIONER TAYLOR: He's -- no, he brought this
forward.
CHAIRMAN McDANIEL: On the list.
COMMISSIONER TAYLOR: First elected, yes.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Oh, okay. Let me get one
thing clarified from our staff. There are four names on this
particular executive summary. Does that leave two empty spots?
MR. KLATZKOW: You have five commission district seats.
They're all filled. You then have six at-large seats, and we stagger
them so that these are now all open. You have two reapplying, and
you have four people who are not reapplying. So you'll have two
potential new people on this, two people who have already been on
the board, and then you'll have two openings after that. And you
have reduced your quorum to four.
COMMISSIONER SAUNDERS: Okay. Well, there are two
names on the list, Michael Lister and Gerald Godshaw. I want to
make sure they're reappointed today. They have had perfect
attendance. I sit in on those meetings, and they're very active, and it
would be a shame not to reappoint them today.
It sounds like if we make the other two appointments, there's
March 22, 2022
Page 54
two still seats at large that are not filled.
MR. KLATZKOW: Yes, and we have been advertising since
December 31st.
COMMISSIONER SAUNDERS: So why don't we fill the four
seats, maybe readvertise for the other two, and then you bring forth
that name or --
COMMISSIONER TAYLOR: Okay. That's fine.
COMMISSIONER LoCASTRO: Can I make a comment?
CHAIRMAN McDANIEL: We'll get to you in a second.
COMMISSIONER LoCASTRO: Okay. I just want to make
sure, before we vote.
CHAIRMAN McDANIEL: We will.
COMMISSIONER SAUNDERS: That's just my comment.
That -- I want to make sure they have -- well, I'll make a motion that
we appoint the four that have been reviewed by the committee or are
already on the committee, and that leaves two seats open; that we go
ahead and advertise again for that, bring that back pretty quickly so
that Mr. Wayne Mulligan, is that --
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SAUNDERS: -- would be able to apply
along with others.
MR. KLATZKOW: And you need four votes on this.
CHAIRMAN McDANIEL: Okay. It's been moved.
COMMISSIONER TAYLOR: We need four votes?
MR. KLATZKOW: Yes, ma'am, for the appointments.
CHAIRMAN McDANIEL: For the appointment of these new
members or changing of the -- or the changing of the quorum?
MR. KLATZKOW: Nope. You need four votes to appoint an
at-large.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Now, Mr. Lister and
March 22, 2022
Page 55
Mr. Godshaw, they're not at-large members, though. So maybe we
need two motions here.
MR. KLATZKOW: No, they are at-large.
COMMISSIONER SAUNDERS: They are?
MR. KLATZKOW: Yes, all these are for at-large.
COMMISSIONER SAUNDERS: Oh, okay. I'm sorry.
MR. KLATZKOW: You may want to bifurcate this. Do two
people who are already there, and then dispose of that issue, and then
take on the rest.
COMMISSIONER SAUNDERS: Because I know
Commissioner LoCastro's going to have some issue there with this.
So why don't we just do this in two motions. First motion is to
reappoint Michael Lister and Gerald Godshaw. I don't think
anybody has any issues with that.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded.
Commissioner LoCastro, you've been lit up and --
COMMISSIONER LoCASTRO: Yeah. I mean, I think it's
going to accomplish, maybe, I hope what we all want. I was going
to amend my motion and say that we do approve the two that are
already sitting on the committee, because I heard the same thing, that
they've had perfect attendance and whatnot. But to amend my
motion, I would say, then we wait on those that are only in the
applicant phase. We add Wayne Mulligan. We work hard to
advertise this over the next couple of weeks, bring this back to the
next commission meeting, and if we get no applicants, then that's
unfortunate, or maybe this committee is too large. But my motion
would be that we approve the two that are already on the board to get
them re-upped and that we table the other applicants, add Wayne
Mulligan, and hopefully add to the inventory of applicants and bring
March 22, 2022
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this to the next commissioner meeting for the other seats.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we appoint the two existing members who are
reapplying. We're going to deal with that first. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Commissioner Saunders, you want to deal with the other two
applicants?
COMMISSIONER SAUNDERS: Yeah. I think the motion at
this point would be simply that we have two other applicants. Let's
go ahead and continue to advertise and bring this back and see if we
get a couple more.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN McDANIEL: It's been moved and seconded that
we continue the decision on the other two applicants until it's -- we'll
do that in our first meeting in April, and we'll go ahead and advertise
for the vacancies on those seats. It's been moved and seconded that
we continue that decision until our first meeting.
MR. KLATZKOW: Now, the Productivity Committee next
meets on April 7th, so that we would have to do it after that
productivity meeting. We'll schedule it. You want a
recommendation from your Productivity Committee?
CHAIRMAN McDANIEL: I would prefer that the committee
March 22, 2022
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actually review the applicants.
MR. KLATZKOW: So I will bring it back to you after the
Productivity Committee has done that.
CHAIRMAN McDANIEL: Okay with that?
COMMISSIONER SAUNDERS: Yeah.
CHAIRMAN McDANIEL: That's fine. And if it doesn't
coincide with our next County Commission meeting, then we'll adjust
accordingly to the next County Commission.
Do we have enough people on -- I guess my question is, before
we vote, do we have enough people on the committee now to actually
have a meeting and --
COMMISSIONER SAUNDERS: I think the quorum's reduced
to do four.
MR. KLATZKOW: Yes. You would have seven now.
CHAIRMAN McDANIEL: Okay. So we're okay with that.
COMMISSIONER SAUNDERS: It shouldn't be a problem.
CHAIRMAN McDANIEL: So it's been moved and seconded
we continue the other two applicants until an appropriate time when
the committee -- when the committee's actually had an opportunity to
review all the applicants. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
And it is now 10:30. We will take a 10-minute court reporter's
break and then hear from some favorite people that traveled from
March 22, 2022
Page 58
Tallahassee. 10:40 we'll be back.
(A brief recess was had from 10:30 a.m. to 10:40 a.m.)
MS. PATTERSON: You have a live mic, Commissioner.
CHAIRMAN McDANIEL: Before we go to this agenda item,
we're going to call for one quick vote, because I procedurally -- and
we are also going to call for a deduct in our Deputy County
Manager's pay because she forgot to remind me to vote on the
proclamations where before we go. So there will be a pay deduct
coming involved.
COMMISSIONER LoCASTRO: Second the pay deduct.
Item #4
MOTION TO ADOPT ALL PROCLAMATIONS – ADOPTED
CHAIRMAN McDANIEL: We're going to call for a motion
for the proclamations.
COMMISSIONER SAUNDERS: I'll make that motion to
approve the proclamations.
CHAIRMAN McDANIEL: And a second?
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve and accept the proclamations as presented.
All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: (Absent.)
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
March 22, 2022
Page 59
MS. PATTERSON: Thank you, Commissioners.
Item #11A
ACCEPT THE AFTER-ACTION REPORT FOR THE 2022
FLORIDA LEGISLATIVE SESSION AND PROVIDE GUIDANCE
AS PRELIMINARY PLANNING BEGINS FOR THE NEXT
LEGISLATIVE CYCLE – MOTION ACCEPTING THE AFTER-
ACTION REPORT – APPROVED
MS. PATTERSON: This brings us to Item 11A, our
time-certain at 10:30. This is a recommendation to accept the
after-action report for the 2022 Florida legislative session and
provide guidance as preliminary planning begins for the next
legislative cycle. Mr. John Mullins, Communications, Government,
and Public Affairs Division Director, will present.
MR. MULLINS: Good morning, Commissioners. For the
record, John Mullins, director of Communications, Government, and
Public Affairs, as previously mentioned. Joined today by our
Tallahassee lobbyist, Lisa Hurley, from Smith, Bryan & Myers, the
hardest working lobbyist in Tallahassee, and probably enjoying the
respite she's getting right now from the capitol building and the
residents thereof.
We'll start you off today with some flavor of the 2022 legislative
cycle. Starting with some quick statistics to show you how busy it
was, there were over 3,700 bills proposed and filed during this cycle
which is about 600 more than last year. They passed about the same
number of bills this year as last year, around 285. And from this
point forward, the Governor will now have 15 days from the receipt
of any bill to his desk to sign it, veto it, or otherwise it will become
law without his signature, and that includes line-item budget veto
March 22, 2022
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authority. There were 641 bills on the Collier County tracking list
this session.
Before we move on to what passed this year, let's take a look at
a few popular issues that didn't go the distance, starting with
sovereign immunity. Those 30-year-old caps that have been in place
at $200,000 per individual and $300,000 per incident, there is an
appetite, a bipartisan appetite in Tallahassee to change those, to raise
those caps. During session they went as high as one million per
injured person and three million per incident, and they kind of
fluctuated between those two points throughout the session before the
bill died out.
Basically, Tallahassee wants to get out of the claims bill
business, and this is the way to do it, by raising the caps to where
more of these things would be settled at the local level.
CHAIRMAN McDANIEL: And just a quick question. You
refer to it -- I thought sovereign immunity was different than
statutory immunity.
MR. MULLINS: Sovereign immunity allows -- and the County
Attorney can probably delineate between the two better than I. But,
basically, sovereignty immunity is what you're allowed to
settle -- you're allowing yourself, basically, to be sued and to settle up
to those cap amounts.
MR. KLATZKOW: Sovereign community means you've got
absolute immunity. Nobody can sue you. The statutory immunity
is that the legislator says, well, we'll let you sue the local
governments. It used to be 100,000. A few years ago they raised it
to 200,000.
CHAIRMAN McDANIEL: Now it's 200- or so, correct?
MR. MULLINS: Two hundred.
CHAIRMAN McDANIEL: And sovereign immunity means
you have --
March 22, 2022
Page 61
MR. KLATZKOW: Absolute immunity.
CHAIRMAN McDANIEL: You have no --
MR. KLATZKOW: The old phrase was "the king can do no
wrong."
CHAIRMAN McDANIEL: Right. Well, so -- and that was
where I was in question, because it's referred to as sovereign
immunity, and I would think would be -- the discussion would be on
statutory immunity because that's the municipalities, liability,
exposure.
MR. MULLINS: Well, they refer to it as sovereign immunity,
and it is probably coming again next session, and our Risk
Management Department is well aware and had this on their radar
throughout the session and, yes, it could lead to an increase in
insurance rates for the county depending upon where those caps are
relocated, but we just need to be prepared. And, of course, Lisa will
jump in at any time to provide some color commentary on any of
these issues as we go through them.
Next would be vacation rentals. It's Groundhog Day again. It
went to about halfway though the session before it started to die out.
The good news is that even though their effort to regulate the
advertising platforms fell short, the local registration of the
responsible party consistent with our ordinances here in Collier
County stayed in the language throughout the process. So we're
pretty confident that next time around that will be included in any
draft going forward, which is a positive result.
Also, the nutrient removal technologies bill that you all
supported during session, Representative Melo's bill, had no problem
getting through the House without a single nay vote, but the Senate
companion bill was never taken up in committee, so we may see that
one again next year.
All right. As for what passed this session, let's start with the
March 22, 2022
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budget. And starting with the life blood of our local economy, the
environment, there was about $885 million appropriated for
Everglades restoration and some continued focus on water-quality
improvement of $780 million, and some of the more popular
programs under that are broken down for you on your screen,
including the addition of 33 positions for environmental permitting,
which has been kind of backlogged at the state level for some time
now. Hopefully that will aid in alleving (phonetic) that burden.
Also, water projects, 368 million. Of course, we always have a
water project to put forward. We'll be getting to those here very
soon.
Continuing on, the flood and sea level rise program got about
$200 million in federal funds added to it to give a total of
$470 million. The Blue/Green Algae Task Force will continue on
with their mission at about the same level of appropriation from last
year. The innovative technology grants for harmful algal blooms is
also continuing on with another appropriation similar to last year.
Land acquisitions, state-funding-wise is getting about $168 million,
and beach restoration is hovering at about $50 million. It's kind of
bounced around between 150- for the last three years, and this time it
came out at the short end.
Lisa, do you have anything to add to that one?
MS. HURLEY: Yes.
Good morning. Lisa Hurley.
Is this working? Okay.
So, yeah, good place to jump in and just to make sure you all are
aware that there will be funding opportunities in the off season
through various grant programs that have been set up by the
legislature. So last year two non -- two reoccurring grant programs
were made: The wastewater quality grant program and the
resiliency grant program. Those are the two programs that are now
March 22, 2022
Page 63
being funded in part by doc stamp collections. And so it's the
expectation that this year the DEP will open their online portal and
accept applications from local governments for both of these grant
programs. And if they do it as they did last year, that will open
July 1 and probably close September 1. So those are the two
established grant programs we can be eligible for over the summer,
and there's a newly created one that the criteria still has not been
established, but John's about to get to that one.
CHAIRMAN McDANIEL: Commissioner Taylor, do you have
a question before we --
COMMISSIONER TAYLOR: I'll let them finish. This is
water. Thank you. Thank you.
MR. MULLINS: So in addition to some of the state funding,
there's also some nonrecurring federal coronavirus recovery funds
being applied, an extra hundred million dollars towards water quality
improvement and Everglades restoration for projects that seek to
reduce the harmful discharges to the Caloosahatchee and St. Lucie
estuaries.
And then the aforementioned local support grants program that
Lisa just referred to. This will be filed by legislators similar to the
appropriations project request process that we go through now. The
criteria is under development, and we hope to have it by midsummer.
And then anything that we apply for hopefully will be adjudicated
and an approval or denial sent out by September 15th.
All right. I already mentioned 168 million in state land
acquisition funds. There's also a one-time boost of 300 million for
protecting more wildlife habitats and agriculture -- agricultural and
rural lands. And speaking of the latter, if you're a rural area,
particularly unserved when it comes to broadband, you may benefit
from the $400 million that's been appropriated to expand broadband
infrastructure in unserved areas.
March 22, 2022
Page 64
Moving on to something else that's been front and center for the
Commission, housing. The Florida Housing Finance Corporation is
getting a total of about $362 million for the SHIP and SAIL
programs, of which you are familiar, but there's also a new kid in
town, the Hometown Hero Housing Program, which seeks to assist
police, firefighters, 911 operators, teachers, paramedics, and
healthcare workers, and we don't really have specifics on this
program yet. There was a bill that moved through the process during
session that failed, fell a little short of passage. If they were to
follow -- and this would be prerogative of the finance corporation. If
they were to follow the parameters of that bill, it would be a zero
interest loan for down payments and closing costs and up to 5 percent
or $25,000, whichever is less, for those closing costs, and you must
be a first-time home buyer for that particular program, once again, if
they follow the failed bill parameters that went through. But the
Housing Corporation will determine those priorities.
There was also legislation passed dealing with affordable
housing. And I know you heard about this previously from Jacob
LaRow. Notwithstanding any other provision to a law, the county or
municipality may approve the development of any residential
development project including mixed use on any parcel zoned for
commercial or industrial use if at least 10 percent of the project's
units are reserved for housing that is affordable. And so that is a
self-executing process that you can take on should you wish.
It was also a good year for our local funding requests. We will
be receiving half a million dollars for the Golden Gate City Water
Resource Protection and Restoration Master Plan, and you see the list
of improvements that should be included in that master plan with a
hopeful completion date of 2031; hopeful completion date.
COMMISSIONER TAYLOR: Or before.
MR. MULLINS: We always do the outside just to temper
March 22, 2022
Page 65
expectations; be realistic.
CHAIRMAN McDANIEL: Hopefully completion date.
MR. MULLINS: Hopeful.
COMMISSIONER TAYLOR: The commissioner of the
district is listening very closely.
MR. MULLINS: Oh, I hope they heard that in the back of the
room. That's their problem now.
Also we have project funding requests that were in the special
category historic preservation grant list. We needed $19 million to
reach the MarGood cottages at No. 60 on that list, but we didn't have
to worry because they decided to fund the entirety of the list by
appropriating over $21 million. So a quarter of a middle should be
coming this summer to continue the work on the restoration of the
MarGood cottages.
Also, and this is just coincidence, it's not a state budget item, but
coincidentally the federal spending package passed at the end of the
Florida legislative session. And in that, we have earmarked
$987,000 for Phase 3 of the Immokalee community sidewalk safety
project through the CRA, and we want to give thanks to
Congressman Mario Diaz-Balart who earmarked this in the
Transportation, Housing, and Urban Development Subcommittee on
which he serves, and we are very appreciative.
Something else that is very popular and we like to cover are the
sales tax holidays, and each year this list tends to grow. This year
you're going to have a two-week back-to-school holiday for clothing,
school supplies, and personal computers, two weeks disaster
preparedness for supplies for families and pets, a one-week freedom
week for recreational items and activities, one-week tool time for
equipment needs in the skilled trades, and the one that can't come
soon enough, motor fuel relief, and you will have a tax decrease of
about 25 cents per gallon in the entirety of the month of October.
March 22, 2022
Page 66
So we look forward to that, especially if you're a commuter like
me. We also have exemptions included in the package: A two-year
exemption for impact-resistant windows and doors for residential
properties, a one-year break on diapers and children's clothing, a
one-year respite on Energy Star appliances, three months free of sales
tax on children's books, and now a perpetual exemption from
admissions to Formula 1 Grand Prix races, World Cup matches, and
the Daytona 500, adding to the list sporting events that are already
exempt.
CHAIRMAN McDANIEL: My, my, my.
MR. MULLINS: All right. Now I'm going to break my own
rule here. I don't like to read slides, but this one is of particular
interest, and we want to make sure that we're clear and on the record
as to what this bill does and what it does not do. The Local Business
Protection Act, also known as Senate Bill 620, which you were
alerted to during session several times as to its status. And similar to
how the Bert Harris Act operates to compensate landowners whose
land has lost value due to local government actions or how business
owners have a cause of objection action under imminent domain for
the business damages related to the taking of real property, this new
cause of action allows private for-profit businesses to claim damages
from a county or municipality if an ordinance has or will cause a
reduction of at least 15 percent of the business' profit as applied on a
per location basis of a business that has operated for three years
within the jurisdiction preceding the enactment or amendment of the
ordinance, and this is applied prospectively from passage of the bill.
The effective date is from passage.
There are a host of exemptions, including emergency
ordinances, ordinances related to growth policy, planning and land
development regulation, county budgeting and contract grant
administration, procurement, debt financing, and ordinances intended
March 22, 2022
Page 67
to promote economic development. So there are a wide range of
exemptions.
There's an opportunity to cure also by amending or repealing the
ordinance in question or by granting a waiver to the business that is
submitting the claim for damages. There's also a 180-day pre-suit
notice and settlement period, and if it's not settled between the
claimant and government, damages are capped at the present value of
the business' future lost profits for the lesser of seven years or the
number of years the business had been in operation in the jurisdiction
before the ordinance was enacted. And the prevailing party, not just
the plaintiff, but the prevailing party may be awarded attorney's fees
depending upon the outcome.
All right. Taking a look at a few more bills. We have legal
notices, House Bill 7049, which basically is telling us that we can
publish legal notices on our publicly accessible website instead of a
print newspaper. But don't get in a hurry; the effective date is
delayed on this one until July 1 of 2023.
House Bill 7055 on cyber security requires us to report cyber
attacks and prohibits us from negotiating with cyber terrorists. It
also requires development of standards by January of 2024, and
depending upon the level of employee access to information, it
requires basic or advanced training within 30 days of employment
and then every year thereafter.
Visit Florida also is back, and they're going to be back for a bit
longer. The repeal date has been moved to October 1st, 2028.
Typically, they've been coming back year after year to try to get
renewed. This time they got extended life; however, their
appropriation, they have to come back annually to get that, and this
year they're getting $50 million in the next fiscal year to help get
butts back to the beaches. And speaking of butts, cigarette butts, you
have the Florida Clean Air Act now which, if you choose to do so,
March 22, 2022
Page 68
you can restrict smoking within the boundaries of any public beaches
and public parks that we own with the exception of unfiltered cigars.
COMMISSIONER TAYLOR: Excuse me?
MR. MILLER: Yes, ma'am.
COMMISSIONER TAYLOR: That doesn't make sense.
COMMISSIONER SAUNDERS: It doesn't have to.
CHAIRMAN McDANIEL: That's right. You're reading
statute.
COMMISSIONER TAYLOR: So unfiltered cigar is allowed
on the -- am I reading that correctly?
CHAIRMAN McDANIEL: You are.
MR. MULLINS: Yes, you are correct.
COMMISSIONER TAYLOR: Who wrote that bill?
MR. MULLINS: I'd have to go back to pull the sponsor.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: It doesn't matter. Moving on.
COMMISSIONER TAYLOR: A cigar smoker, right?
MR. MULLINS: The manufacturers is what's being said
behind me. We can't confirm or deny that.
CHAIRMAN McDANIEL: Moving on. It's just another --
COMMISSIONER TAYLOR: Wow.
CHAIRMAN McDANIEL: It's just another in a litany of
questionable statutes, so...
COMMISSIONER TAYLOR: You just put that in to make
sure we were paying attention, right?
MR. MULLINS: Always.
CHAIRMAN McDANIEL: Yes.
MR. MULLINS: Okay. We have one more session highlight
to cover, and we have two very special guests here to announce it.
Randy and Patty Kington, beyond being two of the nicest people you
will ever meet, have an amazing story that began over 50 years ago.
March 22, 2022
Page 69
And our talented videographer, Tom Ebel and I, were honored to
record their story and present it to you now as it was presented to the
Florida Department of Veterans Affairs last month.
(A video being played as follows:)
I'm John Randall Kingston. I served in Vietnam in 1965 and
1966. I was a Lance Corporal, United States Marine Corps.
We were a battalion that was designated as the hot battalion.
We would go in when things heated up. And then in 1966 -- 1965,
August, the largest battle to that -- to that time in the war, Operation
Starlite, I lost 46 marines in that battle. I was in that battle in a
helicopter that went down. I was in all kind of firefights, ambushes,
search and destroy missions.
I carried a radio the last four months of my time in Vietnam.
That radio was like a 10-pound box on the back of my pack with a
huge antenna that was like telling the enemy "shoot this way."
I was shot in the neck March 21st, 1966, almost 56 years ago.
The bullet picked me up in the air, brought me back down to the
ground, and I came down. I couldn't move. I was paralyzed from
my neck down, and I stopped breathing. And I thank God -- give
God all the credit. I asked him to give me my arms back. He gave
me my arms back and allowed me to be independent from a
wheelchair. And here 56 years -- almost 56 years later, I'm still
independent. I'm still moving around. I'm still hopefully doing
what he wants me to do.
There was 31 of us, and of vet 31, only seven made it out
uninjured and alive. We were Echo Company 2nd Battalion 4th
Marines, and we were known as the company that would go put in
first, and we paid a price for going in first.
President Johnson didn't come to see me. This was in Bethesda
Naval Hospital. He came down to see a senator by the name of
Everett Dirksen from Illinois, and he decided to come down and visit
March 22, 2022
Page 70
some of us peons. And he came by my bedside and talked with me
for a little bit. The biggest, tallest man -- of course, I was laying on
my back. Had the bluest/blackest kind of suit. But he asked me, he,
said, you're a Marine, aren't you? And I said, yes, sir. And he said,
damn good organization. Made me -- made me really proud.
I was 19 years old when I got hurt, and the first VA hospital I
was in was Memphis. And there -- I told somebody the other day,
the VA, when I got out, they helped me build my first house, they
helped me buy my first car, they sent me to school for five years, and
they found me a wife. I met my wife at the Memphis VA Hospital
where she was doing volunteer work. Here 54-and-a-half years
later, we're still happy, we're still married. The VA -- I give the VA
all the credit.
The guys that I'm with at the Marine Corps League, the guys
that I meet at the VFW, the DAV, and the American Legion, the guys
I meet in the grocery store, every one of them, every one of them,
when they began their service, raised their right hand and said, I'm
willing to die to keep this country safe and free. I'd love to see those
last years be -- somebody take care of them as well as the VA's taken
care of me.
And I think I shared with you about the 90-year-old
quadriplegic. Fell back, broke his neck. They took him to Tampa,
and Tampa couldn't place him. After they got him up and going and,
you know, after nine months of rehabilitation, and he's up there. His
89-year-old wife can't -- can't drive up there every weekend.
The last I talked to him, he hadn't seen his wife in four months,
and they've been married maybe 55, 60 years. And this is the kind
of service that this area needs.
Tampa is a long way away. Bay Pines is a long way away.
We need to take care of these guys. We need to take care of these
ladies. We need to have a facility out there that, when you're in
March 22, 2022
Page 71
trouble, come out here and knock on the door, because we'll have
somebody take care of you.
The report that I read, you're going to have that kind of facility.
You're going to have that kind of facility that will look after folks
who, especially in our last years, who are alone, who are hurting, who
need help.
We've got an opportunity here to do something great. These
folks who have given so much in World War II, Vietnam, Korean
War, the different -- Afghanistan, Iraq, these guys need our very best,
and so far Collier County hasn't been able to give them our very best
because we don't have a home.
I'd like for it to have a gathering room where my -- you know,
we meet next to the Moorings. I'd like for a gathering room for
veterans to come and be able to meet and to talk with each other
because, you know, nobody knows what you've gone through better
than somebody that's gone through the same thing.
This will be one of the greatest things that Collier County has
done. One of the most selfless acts that I've ever witnessed was the
guy that picked me up and carried me and placed me behind a rice
paddy dike and made sure I was safe. And his name was Gary
Hand, a Corpsman, and he picked up his medical bag after he made
sure I was safe, and he went back into battle. And he went back into
battle knowing that maybe I might get hurt. Maybe I might get
killed. Well, he was shot. And the round ended his life. He gave
up his life so that people like me could come home and be safe and
be free. What a selfless act.
This is -- this is like a selfless act. This is -- this is telling the
world, listen, Naples, this area, Collier County, we believe in our
veterans, we care about our veterans, we want them to know that we
place each one of them up on a pedestal, that we want to make sure
that their last years are the years that they can't help themselves, we're
March 22, 2022
Page 72
going to be there to help them.
(Video concluded.)
(Applause.)
MR. MULLINS: Lance Corporal Kington, would you do the
honors of providing the announcement that we've all been waiting
since 2014 to hear.
LANCE CORPORAL KINGTON: I'm honored. Am I on?
I'm honored.
Patty and I feel a great privilege to announce today the official
site selection process for 120-bed Naples -- or Collier
County -- Collier County nursing home will become a reality. We're
this close. We're close to making this thing happen. And I
hope -- can I say just a word?
MR. MULLINS: Yeah.
LANCE CORPORAL KINGTON: I hope that not only the
veterans community but Collier County will know of the efforts that
you and your staff and all the people involved in making this facility
a reality, I hope they understand all the work that you put in it. You
know, being number one in need doesn't necessarily mean we're
going to get that home. But you've placed your thumb on the scale
and provided a beautiful 10-acre paid-for campus, agreed to put
$30 million into the process.
Listen, I just want to say from every person here who has ever
served this great country, thank you. Thank you. Thank you from
the bottom of our hearts.
And let me just end this by saying -- and she really needs it
today, God -- god bless the United States of America.
(Applause.)
CHAIRMAN McDANIEL: Can we come get a picture with
you?
LANCE CORPORAL KINGTON: I'll come up there.
March 22, 2022
Page 73
CHAIRMAN McDANIEL: All right.
MR. MULLINS: And I'll say while everybody's going back to
their seats, that when Bob Asztalos from the Florida Department of
Veterans Affairs saw this video -- and he's over the nursing home
program for the state -- he sent me a note saying that Mr. Kington
should not only be the spokesman for this facility being placed in
Collier County, he should be the designer of it, because everything
that he espoused is exactly what DVA has in mind for all future state
veterans nursing homes. So, as usual, Mr. Kington is ahead of the
game, and we definitely thank him for his advocacy, he and his wife
Patty, which, I'm telling you, that's an incredible story to meet your
wife while you're in a VA hospital. And I like the way you said it:
You're still happy and married.
CHAIRMAN McDANIEL: Yeah, I was just going to say.
MR. MULLINS: So you put the right word first.
But the language that he referred to states that the Department of
Veterans Affairs will make a recommendation on the location of the
ninth and tenth state veterans nursing homes to the Governor and
Cabinet no later than August 1st, 2022, and that's proviso language in
the General Appropriations Act, which has not been presented to the
governor yet but should be shortly.
We only have a couple more things to cover, and then we'll be
happy to take any questions. The bills that we've spoke of during
this presentation and all the rest that have any sort of county impact
or interest will be in the Bills of Potential Impact on County
Operations Report which should hit your in-boxes by the first of next
week.
And I would also be very remiss if I didn't thank some people
here, starting with our internal legislative strike force, our
departmental staff that help facilitate the expeditious moving of
information from our frontline workers to Lisa in Tallahassee so she's
March 22, 2022
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effective in her work. So I want to thank Ian, Diane, Josh, and Lee
for that.
Of course, I want to thank Lisa from Smith, Bryan & Myers; our
DC team, Amanda Wood and Omar Franco at Becker law; our
legislative delegation and their staff. Their staff is very helpful to
us, and we appreciate the efforts; and our county staff and leadership
team for all the guidance; and, of course, you for all of your
leadership, guidance, and advocacy during this session and for the
things that you will be directing us to do next session, and we look
forward to those directives at your leisure.
And with that, Lisa, do you have any other comments you'd like
to make? And then we'll open it up for questions.
MS. HURLEY: Yeah. Thanks, John.
You know, I just want to thank each one of you. You took the
time to come to Tallahassee this session not once but twice. It's very
instrumental in ensuring that we delivered on your priorities. Can't
emphasize enough how important that is. We are very well
positioned going into the next two legislative sessions.
Senator Passidomo, as you know, will officially take over the
gavel, and she will be the presiding officer, the president of the
Senate for the next two years.
We had great conversations with her this session. Her vision
going forward, she really wants to bring forth good public policy.
That's all she's interested in doing, and so now's the time -- this
is -- we got a break this session, unlike last session. So we will start
session in March next year instead of January, so we've got some
downtime. It's -- the calendar's not out yet, but right after the
general elections in November, that's when the organization session
will be held. It's typically two weeks after the general elections.
That's when Senator Passidomo will officially become president.
And it would be the expectation that we have maybe one
March 22, 2022
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committee week in December preceding the start of session but, if not
December, the work will get done in January; however, I'd advise us
to work very hard in the next two months to bring forth and develop
our platform for next year. This is an opportunity that we need to
seize upon and bring in the president designate early on the front end
to walk through the priorities of this commission to get buy-in on the
front end both on policy bills and budget opportunities and also, what
we mentioned before, there's funding opportunities that are going to
present themselves starting July 1. And so, you know, we have
maybe a couple weeks to take a break, maybe not. But it's
something that we really should start working on.
But thank you, all, very much for your support and for coming
up to Tallahassee this year.
CHAIRMAN McDANIEL: Absolutely. All right. We're
going to go through the commissioners one by one. Commissioner
Taylor first.
COMMISSIONER TAYLOR: Could we go back to the slide
that talked about the 200 million for South Florida Water
Management District. Water-quality improvements, okay;
100 million.
So this is already given to South Florida Water, and then
they -- and then they have to designate the projects, correct?
MS. HURLEY: On this particular line item, so the 100- that's
designated here is from federal funds. Where this money is going is
actually to the project that's north of the lake that involves about 80
ASR wells. So it's the storage project north of the lake.
COMMISSIONER TAYLOR: Okay.
MS. HURLEY: For the prior two, three years, that line item's
been funded at $50 million a year. This year from the state general
revenue funds it's funded at $350 million plus this 100 million from
federal funds, so a whopping $450 million going to that project north
March 22, 2022
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of the lake. And, yes, it goes straight to -- to answer your question,
to the South Florida Water Management District.
COMMISSIONER TAYLOR: So is there anything here, and
just this, of course, would have to -- my colleagues would have to
agree -- but that we could combine the efforts of Collier and Lee
County to address Lee County's water-quality issues specifically
about the Bonita area, that we could address it in a positive way
instead of the way it's pursuing right now?
MS. HURLEY: Absolutely, you know. It is -- there's a
lot -- as you could tell from the slides, a lot of money that has been
directed for water projects in this -- in this area. And so going
collectively with Lee County and presenting to South Florida Water
Management District is something that we should certainly pursue.
COMMISSIONER TAYLOR: If there's any interest with my
colleagues up here to do that.
COMMISSIONER SAUNDERS: Sure.
CHAIRMAN McDANIEL: Sure. I think we should
collaborate every chance we get.
(Simultaneous crosstalk.)
COMMISSIONER TAYLOR: -- before but maybe it's
something that there is an opportunity. Maybe there is no
opportunity. I don't know. Thank you.
MS. HURLEY: Happy to help you pursue it.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I just want to make a couple
statements. First, I guess, if you want to get something done, always
send in the Marines, right? And this is an Air Force guy saying this.
I mean, it's killing me to say that. But I thank you.
No, your wife told us, secretly, anything that keeps him out of
the house. And so just so you know that.
But on a more serious note, the time that I went up in February,
March 22, 2022
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you know, I had spent a lot of time up in Tallahassee when I was a
senior commander of Eglin Air Force Base, which is a Florida base.
And the one thing you noticed right away -- and I saw this
immediately. And I've given the shout-out before, but it's worth
repeating. When Lisa and John are walking the halls, you know
you've got great -- and I can't say "lobbyists." In the military I like
to always say "action officer," because lobbyist sometimes sounds
like a four-letter word, although, you know, we know it has different
meanings. But you always know you have great action officers up
on the hill, whether it's in D.C. And didn't Dirksen -- he got a
building named after him, right? Yeah. I know, in D.C., right?
And then, like you said, the peons, then got -- yeah, I've been
one of those peons, too. But you know you've got great action
officers when they're walking the halls and the people know them on
a first-name basis. I mean, Commissioner McDaniel and
Commissioner Saunders will echo this. Every meeting we walked
into, they were waiting for us, expecting us. You could tell that they
had already been beaten up and choked, you know, to make sure
Collier County was on the short list for everything.
So I just want to say to the two of you again, it was extremely
obvious that you have a presence in Tallahassee representing us in a
great way, and so I thank you for that. It was -- it was noticed,
appreciated, and obvious.
You know, I also want to give a shout-out to the Florida
Department of Veterans Affairs. You know, when we sit down with
General Hartsell, there again -- and, you know, I've got a little bit of a
relationship with him, but it was easy to see how much groundwork
and legwork you-all had done to get to this point and, you know, it
starts with the action officers. Senator Passidomo's very supportive
and all the bells and whistles people, right, you know, all, like you
said, the fancy folks, right. But it's the grunts in the trenches, and
March 22, 2022
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you guys -- and I mean that with no disrespect. I mean that with,
actually, you know, all the respect in the world. It's the folks that are
in the trenches that laid that groundwork. So, you know, thank you
so much.
For the short time we were there, it was obvious that you-all had
been doing that for a while. And I know you've got a team of people
that are helping you, and we obviously have great support from the
Florida Department of Veterans Affairs and General Hartsell and his
team.
So I think this thing just went from being on the drawing table to
now all of a sudden, you know, we're it. And so, you know -- but we
still have a lot of work to do just being selected. And as we said at
our last commission meeting, nobody -- I don't want to say, don't get
too excited, but shovels don't go in the ground tomorrow, but this is a
ginormous step. And trust me, as we all know, a bunch of counties
wanted to make this announcement instead of us, and they didn't get
to. So this is a big step. But thank you to both of you and all the
people that you are here representing. You know, really well done.
CHAIRMAN McDANIEL: Echo.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. I also want to
thank you for what you did to help make this happen, both of you --
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: -- with the video and
everything. It really meant a lot to everyone, and thank you for your
service.
I want to -- I'm going to get into next session here in just a
minute, but I want to thank publicly Senator Passidomo and our
legislative delegation, the entire delegation from Collier County.
The language that was read into the record from the budget wouldn't
have been in the budget if Senator Passidomo and our delegation
March 22, 2022
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didn't put it in the budget. So that was the great leap forward in
terms of getting this on the front burner, and your efforts with the
Department of Veterans Affairs certainly tipped the balance in our
favor, and so I want to publicly thank those folks as well as our team.
That's a job well done.
But next session. I want to get into an issue here that's very
important to this community and I think is very important not only to
the state of Florida but, quite frankly, it's important to citizens all
over the country. But we're going to focus on Florida and Collier
County. I've been working with a group of folks, and there are a
couple of them here in the audience that have registered to speak, and
they're going to have their opportunity to do that on this issue. It's
the issue of noise and what it does to one's quality of life.
I live fairly close to Logan Boulevard and right under the flight
pattern for the Naples Community -- the airport, and it's a constant
barrage of airplanes and with a lot of noise. Now, we can't do
anything about that. That's FAA. We've worked with the airport
authority, but that's really kind of out of our realm, if you will.
But the other part of the noise problem is highway noise, and the
biggest part of that problem is folks, generally young men, modifying
their mufflers to make a tremendous amount of noise going down the
highway. I, for the life of me, can't figure out why anybody would
want to do that. But we hear it all the time, and we're going to have
some testimony concerning that, and it's constant, and it's 24 hours a
day, seven days a week, and it's illegal.
Sheriff Rambosk has done a great job in trying to stop some of
that, but he doesn't have the manpower to ticket those folks as much
as that needs to happen. But when there is a ticket issued, it's $115
fine. And the kids, they pay the fine. It doesn't change their
behavior because the second penalty is the same fine.
So we're going to be asking our -- I'm going to be asking the
March 22, 2022
Page 80
commission to have as a priority for our legislative session to have
our staff and our lobbyists working on finding ways to increase that
penalty. A hundred dollar fine doesn't mean anything to anybody,
but if it's a $500 fine or a $1,500 fine, then it does. That would
require a change to Florida Statutes.
Another aspect of it is that businesses are modifying mufflers to
make those cars illegal, and it shouldn't be legal for a business to
make a car illegal. It doesn't make -- that doesn't make any sense.
If you take a look at tinting of windows, for example, you can take
your car in and get your windows tinted, but you can't get your
windows tinted to a point where it's illegal. Businesses won't do
that. Well, they're doing that with mufflers. Now, that again,
would require some legislative attention.
One way to address that would be to have vehicle inspections,
bringing back those inspections from -- 30, 40 years ago we had
vehicle inspections. Now, that's a big lift. And the opposition
would be tremendous. But from what I understand, about 43 states
have vehicle inspections. Florida is one of the seven that doesn't.
And if you look around at the seven that don't -- now, this is -- this is
from what I was told. I didn't do the research myself, but you have
Wyoming, North Dakota, South Dakota, places where there isn't that
much traffic. Florida being the third largest state in terms of
population, we're way behind the curve compared to Georgia that
does have vehicle inspections. Apparently it works very well.
So those types of legislative fixes, I think, are important for
Collier County and for our quality of life but important for the entire
state. And so I'm going to ask the Board this morning to have our
staff and our lobbyist give some thought to this. You've got a couple
weeks. You said you need a couple weeks' vacation here. You'll
get your two weeks. And then come back to us with some ideas on
how we might solve some problems. And I'm going to ask our staff
March 22, 2022
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to meet with the folks that are going to be speaking on this. So that's
my presentation in terms of the specific state issues.
From a county standpoint, we need more road signs that warn
people about their speed. We need more enforcement in our
Sheriff's Department. That's a budgetary issue. We're going to be
dealing with that in the next couple months. And so I'm going to be
asking the Board to really look at making some arrangements so we
can control this issue, because it's only going to get worse.
Now, if you live in a gated community and you're not anywhere
near the highway, maybe you don't hear this. But there are
thousands of our citizens that live near highways that are suffering
from this, so...
Thank you, Mr. Chairman.
CHAIRMAN McDANIEL: Very good.
(Applause.)
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: John, I did want to give you a
chance to maybe make some brief comments. When people who are
either watching at home or in the audience or maybe, you know, the
press is going to pick up a lot of the announcements you made and
they see hundreds and hundreds and hundreds of millions of dollars
coming to the Everglades for water protection, all these other things,
we usually then get bombarded with emails: Oh, my God. All this
money's falling down from Tallahassee. You know, what have you
all done? You know, how are we grabbing our share? Do you have
projects already in the works? And I -- you know, I hope we don't
lose all this money to other communities.
Now, in the case of the Everglades, the Everglades is our
backyard. But some of the other of the things, you know, without
getting too verbose, can you just give a little short, you know, update
on now how this process works? Because there's some big numbers
March 22, 2022
Page 82
on all these slides. We haven't been sitting on our hands. We have
some projects that are prioritized. So let me just turn it over to you
so you can summarize now what really happens.
MR. MULLINS: Well, I can probably summarize it very
briefly by saying that most of those funds go through particular
agencies which then appropriate it through the different programs
that they have. Some have a local application component. Some
are direct appropriations to things like the water management
districts, et cetera, that then deal with the project process. But
anything that the county has the ability to apply to, Lisa is excellent
at notifying us when those application dates are, and we don't let
anything go by that -- you know, if we have something that's ready,
we'll be ready for the application process.
COMMISSIONER LoCASTRO: Okay, thanks.
CHAIRMAN McDANIEL: Now, Troy, you have a note here
that says there's public comment on this item.
MR. MILLER: Yes, sir.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: We have two registered speakers. Mary -- oh,
forgive me, Mary Tatigian.
MS. TATIGIAN: Tatigian.
MR. MILLER: Tatigian, and she's been ceded three addition
minutes from Nanette Blumfield, who is sitting right there.
MS. TATIGIAN: Yep, thank you.
Thank you, Commissioners, and thank you, Mr. Saunders. He's
been amazing.
Good morning. Thank you for allowing me to speak. My
name is Mary Tatigian, resident of Naples for 38 years; a wife, a
mom, and a registered nurse of almost 30. Like we said, we've been
working with Commissioner Burt Saunders for over six months, and
he's invited us to come to speak today.
March 22, 2022
Page 83
We started Quiet Collier due to the increase of noise pollution
that we residents are experiencing. Whether it's from modified
mufflers or whether it's from aircraft, we now hear these noises when
we're in our beds, in our homes with doors and windows closed, and
sometimes in the shower. I live a mile from the intersection of Pine
Ridge and 951, and I could hear a pin drop about a year and a half
ago. Now it's constant. I open my slider, it's like a roar. I cannot
sit on my deck and drink coffee in the morning. Those days are
gone. So that's why we formed this group.
I'd like to read a quote to you. Scientists have known for
decades that noise, even a seemingly innocuous volume of car traffic,
is bad for us. Calling noise a nuisance is like calling smog an
inconvenience.
Former U.S. Surgeon General William Stewart in 1978 stated
that in the years since, numerous studies have only underscored his
assertion that noise must be considered a hazard to health and people
everywhere. There is clear documentation of over 40 years that
noise pollution causes negative impact to physical and mental health.
Well documented. And I can provide that to you. The World
Health Organization also agrees with these facts.
Quiet Florida has partnered with several large organizations
which is actually pushing legislation to Washington, D.C., which is
phenomenal.
We are very hopeful today to get these important legal issues
which have been conveyed by myself and Commissioner Saunders
and Lieutenant Dave Brunning, who are working with law
enforcement as well, to your legislative desk to alleviate some of the
serious concerns for all taxpaying citizens of Collier County.
Our quality of life has been significantly diminished. Just think
about going home to relax, going home after a hard day's work. We
don't get to do that because alls we hear -- and I know air traffic isn't
March 22, 2022
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on, but it's 100, 150 jets flying over your house at 1,600 feet, which is
ridiculous, and if it's not that, then it's dump trucks up and down 951
constant. They start about 5:30 a.m. They wake us up in the
morning. And then the modified mufflers, they love to race up and
down 951 all weekend long. So this is all we hear. When I could
hear a pin drop a year and a half ago, and now I can't get peace. I
don't want to wear earplugs inside my home, but I can't -- we live in
Florida.
We want to experience our property. I have worked my entire
life -- adult life to have this property that we have, 2.7 acres. I mow
my own grass. I trim my own palm trees. I work really hard, my
husband and I and my family, and now it's been stolen. We really
feel it's been stolen.
If you do not -- without peace, without quiet you have no peace.
You need to be able to restore and rejuvenate in order to be a
productive member of society. As I stated, the medical -- some of
the medical issues are increased blood pressure, cardio -- increased
cardiovascular issues, cognitive decline in children. They've done
research on that where cognitive decline was behind a year. We
have three or four schools that are really close to the airport, you
know, as well as other places where there's serious traffic.
Noise is -- like I said, is not just a nuisance. It's a health hazard.
And when you live it and you experience, you know. Some people
have written this off, awe, noise pollution, that's nothing. Try living
it 24/7. We don't get a break. There is no break. The first thing I
hear in the morning are the dump trucks, and the last thing at night
might be an aircraft or modified mufflers. So it's really a shame.
I'm a resident 38 years. I've paid taxes 38 years, and this is what I
get.
So we're asking for help. I don't know if anybody had any
questions.
March 22, 2022
Page 85
CHAIRMAN McDANIEL: No questions right now. Thank
you.
MS. TATIGIAN: Nothing right now. Okay. Thank you.
CHAIRMAN McDANIEL: Yes, ma'am.
MS. TATIGIAN: And I appreciate it. Thank you,
Mr. Saunders.
CHAIRMAN McDANIEL: And I'd suggest, Commissioner
Saunders, if -- I mean, this item is -- if you want specific action, I'd
be happy to work with you to bring back an agenda item, invite these
folks to come back with specific language that we're going to propose
through our legislators. I mean, we're here for a delegation report,
not a traffic noise circumstance at this time. That's the reason I
didn't address you today, Mary, so...
COMMISSIONER SAUNDERS: That's understood. I wanted
to raise the topic.
CHAIRMAN McDANIEL: Yeah, sure.
COMMISSIONER SAUNDERS: And at some future agenda
item, we can consider this. It's not too early to start looking at it
because, as was indicated, the legislative session, though it's not until
March, legislators like to have their ideas in their hands in the fall so
they can start putting together legislation and start going through the
committee process.
So we have some time. We have -- we can certainly put this off
until, you know, the end of April or the middle of May, sometime in
that time frame. I'd probably suggest sometime in May. Give our
staff some time to think about it, and then we'll place it on the agenda
for some discussion. That would be great.
CHAIRMAN McDANIEL: Absolutely. Bring forward the
item. I'd like to see the language.
Commissioner Taylor.
COMMISSIONER TAYLOR: You have my full support on
March 22, 2022
Page 86
this. I remember those inspection -- vehicle inspection stations, and
I think it's warranted. So thank you very much.
CHAIRMAN McDANIEL: Very good. With that, do we need
to have a motion on this for accepting this report?
MR. MULLINS: You can move to accept the after-action
report.
COMMISSIONER LoCASTRO: Move to accept.
CHAIRMAN McDANIEL: It's been moved to accept. And
second?
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the report as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Thank you. Thank you both, by the way. I echo -- I echo the
thanks.
Item #11B
FY 2022 BUDGET AMENDMENTS TO RE-ALLOCATE PARKS
CAPITAL FUND (306) DOLLARS FROM THE PROJECTS
WHICH ARE EITHER FINISHED WITH RESIDUAL BUDGET
OR CAN BE DEFFERED AND FUNDED IN FY 2023, IN THE
AMOUNT OF $1,7000,000, TO PARKS AND OPERATING
March 22, 2022
Page 87
ACCOUNTS FOR NECESSARY COMMUNITY PARK
MAINTENANCE AESTHETIC IMPROVEMENTS, PLUS
ENSURE THAT SUFFICIENT DOLLARS EXIST TO FUND
SEASONAL SUMMER CAMP STAFF – APPROVED
MS. PATTERSON: Okay. That brings us to Item 11B. This
is a recommendation to approve Fiscal Year 2022 budget
amendments to reallocate parks' Capital Fund 306 from projects
which are either finished with residual budget or can be deferred and
funded in Fiscal Year 2023 in an amount up to $1,700,000 to parks'
operating accounts for necessary community park maintenance and
aesthetic improvements plus ensure that sufficient dollars exist to
fund seasonal summer camp staff.
Deputy Dan Rodriguez will present.
MR. RODRIGUEZ: Good morning, Commissioners. Thank
you for the opportunity to come with this budget amendment. This
is actually a good-news item.
The last five months your Parks and Recreation staff, partnering
with the facilities management staff, have really worked hard to
rejuvenate your parks, and this is based on direction that we received
from you and our County Manager back during the budget process
where you asked for our parks to raise the level of service in our
maintenance, whether it's predictive or preventative maintenance but,
most importantly, you allowed us to come back and get additional
funding, and that's what this budget amendment does. It allows us to
readjust our capital program, move some funds into our operational
budget so that we can continue with this momentum of cleaning up
our parks and fixing our facilities and whatnot, and then with the
2023 budget, we'll reallocate those fundings back to the capital
projects.
Your Parks and Recreation staff are here to answer your
March 22, 2022
Page 88
questions, or I have a short presentation at your request.
CHAIRMAN McDANIEL: Do we want the presentation?
Somebody make a motion so we don't have to see the presentation.
COMMISSIONER TAYLOR: Move to approve.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded.
And for comment, because I don't have anybody else lit up, I have
always a regular concern about moving money out of capital and over
into O&M, and this is just a furtherance of the direction that the
Board gave a year or so ago with regard to our frontline presence to
our community is our parks. That's the first thing that people see
when they come to visit Collier County, and the lack of maintenance
had become such an issue that we -- the Board gave specific
direction, and this is just a furtherance of that direction. And the
backfill will come in the next budget cycle. Just so you know, we're
not just snatching money out of capital and burning it. There is a
plan for the backfill out of -- back into the capital side. So this is
just -- that's just an editorial for my friends that are looking at me
crooked about pulling money out of capital. So it's been moved
and -- you've got another comment?
COMMISSIONER LoCASTRO: I was going to -- it's not
going to affect the vote. I just wanted to make a comment, if I
would.
Mr. Rodriguez, the Clerk of Courts, you know, she does a great
job giving us, you know, her take on several things. And it won't
affect my vote, but I would just echo that, please, if you haven't
already, and I'm sure you have, take a look at her comments on this
where she talks about seasonal employees and maybe some of the
challenges or some of the things we might have, you know,
overlooked. And, like I said, I think -- and we spoke about this
when you guys met with me yesterday, but I just wanted to go on the
March 22, 2022
Page 89
record, there's some really valid observations in here that she has
made. So I hope that, you know, you all have taken a look at this so
we don't bust the budget or we don't sort of miss out on being able to
hire seasonal employees and not have enough money to cover, you
know, certain things. So there's some -- there's some good
homework that she's done in here that are some reminders to us, and I
think -- I would expect you find these very valid.
MR. RODRIGUEZ: Absolutely, Commissioner LoCastro.
We look at the -- our opportunities and look for best-value solutions
when it relates to outsourcing or in-sourcing. There's been
challenging years of over 5,200 backlogged work orders in the parks
department that we went after, so absolutely.
COMMISSIONER LoCASTRO: Okay. Thank you.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded. Any other further discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. That was a wonderful
presentation.
MR. RODRIGUEZ: Thank you, Commissioner. I appreciate
your support. If I could just make one last comment. I'd like to
recognize, if I may, Rick Garby, your parks superintendent. He
really led the charge with Barry Williams to get after this backlog.
Jeffrey Bell, who is your senior field supervisor, as well as Hector
Sanchez, Al Arcia, and Irving Baez. These individuals work day in
March 22, 2022
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and day out. We've got the hot season coming in. They're out there
on their mowers. They're out there painting. They're doing your
fields. While some of us have the opportunity to telecommute, those
individuals work the front lines and continue during the hot season as
well as the busy season, so...
CHAIRMAN McDANIEL: Thank you, Dan.
MR. RODRIGUEZ: Thank you.
CHAIRMAN McDANIEL: Appreciate it very much.
Okay.
Item #11C
AWARD OF INVITATION TO BID (“ITB”) NO. 21-7922,
“PELICAN BAY SERVICES MAINTENANCE FACILITIES
IMPROVEMENTS” TO RAM GENERAL CONTRACTING &
DEVELOPMENT, INC., IN THE AMOUNT OF $3,832,911.78,
AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED
CONSTRUCTION SERVICES AGREEMENT – APPROVED
MS. PATTERSON: Commissioners, Item 11C is a
recommendation to approve the award of Invitation to Bid
No. 21-7922, Pelican Bay Services Maintenance Facilities
Improvements, to RAM General Contracting & Development, Inc., in
the amount of $3,832,911.78, and authorize the Chair to sign the
attached construction services agreement.
Mr. Neil Dorrill from Pelican Bay Services Division will
present.
CHAIRMAN McDANIEL: Mr. Dorrill.
MR. DORRILL: Good morning, Commissioners. Always a
pleasure to be downtown and to bring this to you. It seems to be a
morning for 50th anniversaries and, believe it or not, Pelican Bay is
March 22, 2022
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approaching it's 50th anniversary.
COMMISSIONER TAYLOR: Wow.
MR. DORRILL: And the original creation of the community
and the maintenance facility there that at one time was an
independent direct is very old and was an old frame structure with
Masonite particle board siding, cheap contractor-grade windows.
The building has had a series of problems for over the years.
When it was originally constructed, the independent district had
eight employees during Phase 1 of development of Pelican Bay.
There are 37 hard-working county employees and contract day
laborers who work there every day. So we began this process
probably five years ago and have worked it through with your
advisory board. They are in support of this particular project.
We also have to adhere to the architectural controls of the
Foundation at Pelican Bay. They made extensive evaluation of this
project, and it went to bed -- went to bid -- went to bid, rather. Back
around Thanksgiving bids were opened. It was very competitive and
an unusually large amount of interest from general contractors
outside of Collier County. Over 175 views in your bid portal.
Eight bids. Two were subsequently determined not to be responsive.
But the lowest three bids had about 3 and a half percent separation.
So this was a project that people chased pretty hard.
Your Procurement staff and the engineer have evaluated those
bids. We are recommending to RAM General Contractors. They
are a commercial contractor from Tampa, Hillsborough County.
They do a lot of big-box development beginning with Publix, Home
Depot, clients of that sort of quality. Their bonding capacity has
been confirmed. They have an A-rating bond. And we're here
today to recommend the award of the contract to the lowest and most
responsive bid at $3,832,911.
Funds were programmed and previously approved in this year's
March 22, 2022
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budget. We will cost share with our colleagues in the Utilities
Department for the improvements to the site access road that do not
meet current Land Development Code requirements, and there has
never been a fully functioning stormwater management system there.
So we'll be cost sharing on that with our colleagues in Utilities.
If you're not familiar with the site, we have a presentation that
we're willing to forego. It's 12 acres owned by the Board of County
Commissioners on some of the most expensive land probably in
Collier County but historically had been used for institutional uses.
I'll stop there and answer any questions that you might have.
CHAIRMAN McDANIEL: I have no questions. Nobody has
any questions. We got them all answered by staff, I would assume,
prior to this, sir. And an amazing presentation.
So with that, I'll take a motion for approval.
COMMISSIONER SAUNDERS: I'll move for approval.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the proposition on this item with the naming of this
contractor. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. DORRILL: Thank you, all.
CHAIRMAN McDANIEL: Very good.
March 22, 2022
Page 93
Item #11D
THE PURCHASE OF INSURANCE FOR PROPERTY, BOILER &
MACHINERY, TERRORISM, AND WATERCRAFT HULL FOR
ONE-YEAR PERIOD EFFECTIVE APRIL 1, 2022, IN THE
ESTIMATED AMOUNT OF $4,768,399.42 – APPROVED
MS. PATTERSON: Item 11D is a recommendation to approve
the purchase of insurance for property, boiler and machinery,
terrorism, and watercraft hull for one-year period effective April 1st,
2022, in the estimated amount of $4,768,339.42.
Mr. Jeff Walker, your Risk Management division director, is
here to answer questions or make a brief presentation.
MR. WALKER: Thank you very much.
Mr. Chairman and Commissioners, we appreciate the
opportunity to be before you this morning to present --
CHAIRMAN McDANIEL: Stay on the mic there, Jeffrey.
MR. WALKER: -- to present the property insurance renewal.
This is a good-news item this year. We've had four what I
would consider bad years of property renewals. Just to highlight it,
the property rate only went up .81 percent this year, so that is a very,
very good result and will also help us as we go into the FY '23 budget
as well.
There are no changes to the program in terms of the coverage.
There are no reductions in coverage. We were able to preserve our
$5 million wind cap, which is really important to protecting the assets
of the county. The only really -- the only real difference in the
program this year is that we have increased the total insured value to
reflect the addition of property to it.
Other than that, it's a good renewal. We were happy with the
renewal, and the expectation going into the year was that we would
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see an increase anywhere from 5 to 15 percent. And so we beat that,
and we think that's a good result and good-news item this year.
I would certainly be glad to give you a full marketing
presentation if you'd like to see it or just take questions.
CHAIRMAN McDANIEL: I don't have any questions and/or
nods for a presentation, sir. So I'll take a motion.
COMMISSIONER TAYLOR: Move approval, and thank you
very much for your hard work.
MR. WALKER: Thank you, ma'am.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the recommendations of staff and the renewal of our
insurance as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. WALKER: Thank you very much.
CHAIRMAN McDANIEL: Thank you, sir.
Item #12A
THE BOARD VACATE THE JANUARY 13, 2022, RFP WHICH
SOLICITED FOR SPECIAL MAGISTRATE SERVICES; AND
EITHER (1) EXTEND THE AGREEMENT FOR SPECIAL
MAGISTRATE BRENDA C. GARRETWON, OR (2) DIRECT
March 22, 2022
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STAFF TO CONVENE THE SPECIAL MAGISTRATE REVIEW
BOARD TO BRING BACK A RECOMMENDATION TO THE
BOARD, OR (3) DIRECT PROCUREMENT TO WORK WITH
THE COUNTY ATTORNEY TO REISSUE A MODIFIED RFP
THAT IS CONSISTENT WITH SPECIAL MAGISTRATE
ORDINANCE, OR (4) DIRECT ANY OTHER ACTION THE
BOARD DEEMS APPROPRIATE – MORTION TO VACATE RFP
– APPROVED; MOTION TO EXTEND THE SPECIAL
MAGISTRATE CONTRACT FOR 2 YEARS – FAILS DUE TO
LACK OF A SECOND; MOTION TO PROCEED WITH #3 AND
BRING BACK TO A BCC MEETING PRIOR TO THE CURRENT
CONTRACT’S EXPIRATION – APPROVED
MS. PATTERSON: Item 12A under the County Attorney's
report is a recommendation that the Board vacate the January 13th,
2022, RFP, request for proposal, which solicited for special
magistrate services and either, one, extend the agreement for Special
Magistrate Brenda G. Garretson or, two, direct staff to convene the
Special Magistrate Review Board to bring back recommendations to
the Board or, three, direct Procurement to work with the County
Attorney to reissue a modified RFP that is consistent with the special
magistrate ordinance or, four, direct any other action that the Board
deems appropriate.
I'll turn this over to Mr. Klatzkow.
MR. KLATZKOW: And I truly have nothing further to say
that I didn't put in the title.
CHAIRMAN McDANIEL: Boy, oh, boy.
COMMISSIONER TAYLOR: You covered your bases.
CHAIRMAN McDANIEL: Covered all bases, exactly.
So what I would prefer to do, if it meets with my colleagues'
approval, is go through each one of the recommendations
March 22, 2022
Page 96
individually starting with No. 1. I have a perception that we, number
one, need to do the vacation of the RFP. Well, starting with No. 1 is
not necessarily the way we want to go. Which one is it that is the
vacation of the RFP, that the Board vacate -- that's not No. 1, but
that's the number one thing that I think we need to do, number one,
and then we can have a discussion as to what we're going to do with
Dear Brenda.
COMMISSIONER TAYLOR: I'll make that motion.
CHAIRMAN McDANIEL: It's been moved and -- second it.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded. I
was actually calling you.
COMMISSIONER TAYLOR: No coaching.
CHAIRMAN McDANIEL: Yeah. I'm not allowed to do that.
It's been moved and seconded that we vacate the RFP that's been
necessarily put out. Any other discussion with regard to that?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved, number one.
We're going to move that to -- as has happened before, we'll call
that phase zero. Number 1 -- who laughed at that? Crystal. Yeah,
Crystal Kinzel laughed at that.
And so let's have a discussion now as to what we're going to do
with the -- with our current magistrate and how we wish to move
forward, and I'd like to open it up for discussion. Nobody's lighting
March 22, 2022
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up. Well --
COMMISSIONER SAUNDERS: This is where leadership
comes into play, Mr. Chairman.
CHAIRMAN McDANIEL: Yes. All right. Well, I'm going
to then -- I'll, then, go ahead and make a motion that we extend the
current magistrate's contract for -- I'm okay -- I'm okay with going
forward with another two years, if that's what our -- have we -- that's
what we have extended the contract in the past for.
MR. KLATZKOW: It's been two years' extension, one-year
extension. I mean --
CHAIRMAN McDANIEL: Right.
MR. KLATZKOW: Brenda's been with us so long that it's just
a number of things.
CHAIRMAN McDANIEL: Just to editorialize. I mean, we
came here because there was some documentation that she had
represented she was going to retire after we renewed her contract a
couple of years ago, and that was what precipitated the RFP and
staff's understanding that she wasn't interested in continuing on.
So I'll make a motion we extend the current contract for an
additional two years.
(No response.)
CHAIRMAN McDANIEL: And note that silence prevails. So
somebody else light up and -- see, that motion fails due to a lack of a
second.
Commissioner Taylor.
COMMISSIONER TAYLOR: I'm intrigued with the special
magistrate review board.
MR. KLATZKOW: That was --
COMMISSIONER TAYLOR: I'm intrigued.
MR. KLATZKOW: -- once upon a time in America when we
created the special magistrate. Part of the process was to put
March 22, 2022
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together a special magistrate review board. That was composed of
two members of the Code Enforcement Board, two members of staff,
and a member of my office. And it was -- it's really a selection
committee, first and foremost, to review the applicants and then make
a recommendation to the Board.
I sat on the first one. I don't know that we've had a second one
since Ms. Garretson's been so good at this. But that's what we did 18
years ago.
CHAIRMAN McDANIEL: Okay. Very good.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Actually, 3 is what sort of,
you know, caught my eye, and I wanted to know maybe a little bit of
a deeper dive of your thoughts, Mr. Klatzkow. You know, these
jobs aren't till death do you part. This isn't the Supreme Court. So
I'm just wondering -- and I don't mean that with any disrespect or not
doing the job correctly. But the sure fact that it's on here shows that
it's an option that you want us to consider.
And, you know, I thought it was -- with the knowledge I had and
from the meetings we had before this, it seemed like 3 was the one
that we should explore the most, which is basically, you know, issue
a modified RFP, let people reply -- or apply. You know, Brenda can
apply as well, I guess. Am I missing something that makes 3, you
know, a reach?
MR. KLATZKOW: No, it's not a reach. It's -- the first RFP,
unfortunately, didn't have a lot of -- not a lot of people knew about it.
In fact, I know of two people interested in the position that were not
even aware that we were looking.
So I think it's good that, if it's the pleasure of the Board, to put
together another RFP. But I don't know why you need anything
more than a resumé. I don't know why you have to -- because the
current RFP is just -- it just asks for so much information when,
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really, you know, you look -- the ordinance requires that you be an
attorney. You're looking for somebody with some sort of
background in this. And I would think that a resumé would be all
that you folks would be interested in looking at.
CHAIRMAN McDANIEL: Well, do you think it's necessary
that we reconvene the board?
MR. KLATZKOW: No, no. You can deal with the RFP
process just as well.
COMMISSIONER TAYLOR: So you wouldn't -- you wouldn't
send out the RFP and then have the board --
MR. KLATZKOW: I think you're only going to have three or
four applicants for this one, so I don't think that you need to put
together the --
CHAIRMAN McDANIEL: And she is a -- the magistrate is a
direct hire of the Board of County Commissioners.
COMMISSIONER TAYLOR: No, no, I know, but what I
was -- why I was intrigued with the special magistrate review board
is that the composition are the folks that work very closely with that
position. I've had the opportunity in the last month to sit in on a
couple of special magistrate meetings and saw how it -- you know,
how important the code is and certainly attorneys. And so that
was -- that -- you know, they know how the system works, and that's
where I was going with that.
CHAIRMAN McDANIEL: Sure. Commissioner Saunders.
I'm sorry. I didn't mean --
COMMISSIONER TAYLOR: No, but I'm comfortable.
COMMISSIONER SAUNDERS: I don't have any particular
issue with doing the modified request for proposals. There will be
several people that will be interested in this. The current magistrate
will be interested in it. I think the County Attorney's suggestion that
it's really just a resumé as opposed to insurance and all of those
March 22, 2022
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things that go in these bid packages, that would be pretty quick. We
could bring it back fairly quickly to make a decision.
CHAIRMAN McDANIEL: Okay. Do you want to make that
into a motion, or Commissioner LoCastro you -- basically, you said
direct procurement to work with the County Attorney and reissue a
modified RFP.
COMMISSIONER LoCASTRO: I'd make that motion that we
proceed with No. 3.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we proceed with No. 3. Any other discussion?
MR. MILLER: Mr. Chair, I do have a registered speaker,
Brenda Garretson. I don't know if she was just here to answer
questions or --
MS. GARRETSON: I wanted to speak.
CHAIRMAN McDANIEL: Come on. We're not going to -- I
didn't see the note here that I had public speakers, Ms. Brenda.
Come on.
MS. GARRETSON: Your vote's already been made, I'm not
sure -- well, I'm Brenda Garretson, the current and long-time special
magistrate, a job that I love.
You know, I was sitting there -- and hopefully I'm not going to
be limited to the three minutes if I go over a little bit -- sitting here
through all of this that we've heard today. And, first of all, the way
you started off the meeting I thought was great that Jack was named
as committee Employee of the Month and that Code Enforcement
was recognized because it's an awesome division that you have here.
I think that they are underappreciated, and they do a really hard job.
And one of the things that I try to do as a special magistrate is
make sure that everyone that appears in front of me knows that
Collier County is a great place to live. I've lived here for 44 years;
March 22, 2022
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43 of those years I've been friends with Kathleen Passidomo. We
met at the courthouse when it was a little building at Ted Brousseau's
coffee machine. And, you know, it's changed a lot over all these
many years. I love Collier County.
And I also make sure that the people that appear in front of me
know that the County Commission is looking for compliance, not
punishment, that that's your policy, and that's what the code staff also
does.
But it's also important for the people, I think, to understand why
we have code enforcement, why we have code "enforcement,"
because it's law, and that what brought them here to Collier County,
the beauty and how wonderful it is, except for the noise, is why we
have that enforcement so that they have an understanding of what
they've been brought here for, you know, why they are here with a
code enforcement violation and why maybe I might find against
them.
And that's always been something important to me is that people
feel as though when they -- I don't know if you-all got the letter that I
sent to you, but as I said there, making sure people understand -- or
have an opportunity to be heard, that they know that their side was
heard. And it's also important, though, when they leave, I think, that
they know why I decided a particular way.
And I guess that one of the problems -- yeah, I don't know if I
would call it a problem, but questions that I continue to have is we
don't have a review board, and I've asked a lot of people, tell me what
your complaints are. Tell me what you would like to have done
better. And I don't really get a lot of response. So I would love to
have the opportunity to do whatever it is that would make things
better.
And I wrote down here as I was listening to everything today, I
really wanted to stand up here and tell you I wanted to volunteer to be
March 22, 2022
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your cheerleader because there's so much good stuff going on. I
volunteered -- I went out to shake hands with Mr. Kington because I
was so impressed with that. I mean, he made me cry. My husband
was a Vietnam vet, volunteered out of high school, 18, and he died 11
years ago, and he died as a consequence of some things that occurred
in Vietnam, and he could have used this.
So hopefully I can take a couple of more minutes.
And so I volunteered and said, I would love to be able to work
with something like that because it's something that is needed
drastically here in Collier County.
And, you know, it's exciting to hear about things like that. It's
exciting to hear about working for the quality of life. I actually have
a hearing aid so, obviously, noise has affected me at some point or
other in my life that I didn't even know about, so that's an important
thing, too.
What I said in my letter, I told you a lot of the reasons why I
thought I was qualified. But, you know, they say in Hollywood,
what have you done for me lately? So you have to be wondering,
you know, why is this brought up, as you said. I don't know why.
You know, nobody has told me why the choice was made to -- you
know, what I should have done that I didn't do.
You know, I'm the kind of person that I'd like to go for the
20-year pin, you know. I would like to say I did this and hopefully I
did -- as he said, haven't had any appeals. I don't think that there
have been that many complaints. I know that there was one time
where there was a question about whether people were represented or
understood what was going on because they had -- they
were -- maybe had a language barrier.
And so Commissioner Tim Constantine was the commissioner
that was concerned about it, and he spoke to the newspaper about it,
that he was all outraged that that would happen at one of our
March 22, 2022
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meetings.
And I took somewhat of an offense to it because that's not what
had happened at our meeting. And so I made it really clear, and the
person was invited back to make clear what had actually occurred
and that we go beyond -- above and beyond to make sure people do
get whatever interpretation they need, that they are not standing
without any help.
I had some ideas that I wanted to suggest to you. One of them
was I think there are ways that in this position -- well, first of all,
your RFP is really awful. Jeff Walker, who was nice to see, he's
been here a long time, several years ago -- and Jeff Wright agreed
with me -- that the insurance provisions are quite unnecessary and an
extra expense that a special magistrate doesn't need because there's
nothing in any of the insurance that will occur. And Jeff reviewed
everything, Jeff Walker, and said, correct. But in this RFP there
were a whole load of them in there. There's other things that are
bad. That's why his suggestion is a good one about resumé.
But there's ways that we could save money, and I'm happy to do
that. I know that there are ways that we can cut down the hours that
I have to spend that your -- the county's getting charged for. So I
can think off the top of my head several thousand dollars could be
saved a year in this position just by changing the things that they
have me doing right now that I don't have to be the one to do.
CHAIRMAN McDANIEL: Commissioner LoCastro, in fact,
does have a question.
MS. GARRETSON: Oh, okay.
COMMISSIONER LoCASTRO: So when I asked for a
presentation on this, you know, prior to this meeting, just correct me
if I'm wrong, so you're a contract employee, right? You're not a
Collier County through HR or what have you? You're contracted,
correct? That's why we have an RFP and whatnot, right?
March 22, 2022
Page 104
MS. GARRETSON: Absolutely.
COMMISSIONER LoCASTRO: So, I mean, you know, my
thought is, No. 3 allows you to reapply and, by your own admission,
the RFP is not correct. It has all these things. So I can't wait for
your expertise to work with our County Attorney to make that better.
And, you know, with all the great work you've done and you haven't
had any, you know, negative type of incidents or whatnot, then you
should be the frontrunner.
But I'm a big proponent of competition. And none of these jobs
are till death do you part. Ours aren't, and that's -- there again, it's
not with anything derogatory of how you've served. But the reason
why I really gravitated towards No. 3 is I was hearing similar things
that you just confirmed, which is RFP needs a lot of improvements to
it, you know, and this gives us a chance to tighten that with your
input, and then I don't see why you wouldn't be the frontrunner for
this, so -- and, you know, I don't think you should be -- and I'm not
saying you are. But I don't think you should be nervous or hesitant
about applying and competing with other people who are also
interested in this job.
MS. GARRETSON: And I'm not. I'm not nervous or --
COMMISSIONER LoCASTRO: Okay.
MS. GARRETSON: -- concerned about it. But as I told Jeff, I
want to compete on a level playing field.
COMMISSIONER LoCASTRO: Why do you think it's not
level?
MS. GARRETSON: Well, the way the RFP was set up, it
wouldn't be because it talks about me giving references of the clients
that I've had in the past that were similar to this type of project.
Well, none exist because I don't have any that are similar to this kind
of project.
I can tell you that when I started, before I started doing it
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actually myself, I went to the East Coast, because that is where you
could find a special master then, and I sat through their hearings, and
I looked at their documents. And I, you know, learned from them.
And it's been -- you know, it's been a progression. Over many,
many, many years, we've developed the forms that are there, and, you
know, it's a joint effort with the Code Enforcement people that are
working.
And I'm not afraid of the competition. I'm afraid of -- not
afraid, but I was disappointed, I guess, in no recognition whatsoever
being made that this is a unique position. It is an absolutely unique
position.
And somebody that is -- you know, no offense, but you did have
somebody presented to you that had to withdraw because he didn't
meet any of the qualifications. He was not a mediator, he was not an
arbitrator, and he was not a retired judge, but he had applied. And
they were going to replace me with that person, but he had to
withdraw his application. And then he took a mediation course and
became a mediator. Well, I'm all three of those things.
So, no, I'm not afraid of the competition. I just would like for it
to be the framework of this position. And if I can be -- you know,
work with him -- Jeff and I work great. As a matter of fact, the other
thing I wanted to say is that I also enjoy very much -- and I don't
know how that goes with this whole thing. I guess it will follow.
But I really enjoy the hearings that we have that are as a hearing
officer, basically. We have that -- that was an amendment to the
ordinance allowing that I would be the person -- the Hearing
Examiner for the -- under the procurement ordinance when there is a
protest, payment protest. And we've only had one that was actually
scheduled, and it actually settled because we had a pre-hearing
meeting and resolved a lot of the issues. So it settled.
But I really loved the process itself. And we have another one
March 22, 2022
Page 106
coming up. Now, this one -- this one is expected to have a lot more
of a challenge because they told me -- the lawyers have said they
want three days to be set aside for it.
I'm not sure, you know, if that's going to stay with that -- with
the special magistrate or if that's going to be a separate thing. I
mean, I guess it will stay with the special magistrate.
COMMISSIONER LoCASTRO: I would just say, I stick by 3.
I think this is a time to, as you have admitted, to tighten up the RFP.
And whatever things you think you might lack because it's such a
unique job and you don't have examples of previous clients or
whatnot, I would hope your resumé would be filled with not only the
seniority and experience you've had in the job that other applicants
wouldn't have, but by your own admission here, you said, wow, I've
got all these great ideas of how to save money and how to do this and
how to do that. An outside applicant probably wouldn't have those
specific things.
So, you know, I would say I -- you know, I wish you really, you
know, good luck on reapplying for the position. And I think, you
know, the -- I never would say the job is yours to lose, but I would
spend time listing on that resumé all the amazing ideas that you have
that other applicants, you know, probably, obviously, wouldn't have
because they don't have the seniority in this particular job. But I
think 3 is the way to go, and I stand by it.
CHAIRMAN McDANIEL: Very good.
MS. GARRETSON: Well, I'll make sure, then, that I don't tell
you what any of those ideas are while I'm standing up here.
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: Just hold onto those right now.
You're going to have plenty of time to speak again, I'm sure.
MS. GARRETSON: Thank you. And I'm sorry for taking up
your time. I appreciate the --
March 22, 2022
Page 107
CHAIRMAN McDANIEL: Don't go away. Don't go away.
MS. GARRETSON: -- indulgence.
CHAIRMAN McDANIEL: I'm not done with you yet.
MS. GARRETSON: Thank you.
CHAIRMAN McDANIEL: I'm not done with you yet.
MS. GARRETSON: Okay.
CHAIRMAN McDANIEL: As you say to those people -- I
watch you on TV all the time.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I was just going to comment
on something that Commissioner LoCastro said. You know, we use
the term "resumé" in terms of what would be in this RFP, and the
term "resumé" is, you know, you think of a page that has just line
items of in 1992 I did X and that sort of thing.
But I think -- Mr. Klatzkow, I think the RFP should have a
provision in it for an applicant to do a statement as to what their
qualifications are and why they think that they should be the next
magistrate, and that would give you an opportunity to lay out all of
that, you know, an unlimited summary, or not even a summary but a
statement of qualifications and experiences, and you'd have the
opportunity to lay all that out.
MR. KLATZKOW: We can certainly do that.
MS. GARRETSON: And that's great. I wish we had had a
little chat like this before. It would have been great.
CHAIRMAN McDANIEL: Thank you.
MS. GARRETSON: You're now my review committee, I
guess, so...
CHAIRMAN McDANIEL: That's correct.
MS. GARRETSON: Thank you for that. I appreciate it.
CHAIRMAN McDANIEL: Yes, ma'am. All right. It's been
moved and seconded that we come up with a new RFP and then bring
March 22, 2022
Page 108
it back at a later date. Now, do we have sufficient time with the
existing contract to -- what's the outline? I can't remember.
MR. KLATZKOW: Yes. The special magistrate's contract
expires May 15th. I will have this before the Board before that time.
CHAIRMAN McDANIEL: Okay. All right, then. It's been
moved and seconded we pursue No. 3. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Okay. We're going
to -- are you okay? Because we're going to -- I see us getting done
here.
Now, is Commissioner Solis going to come in?
MS. PATTERSON: He has not called in yet.
CHAIRMAN McDANIEL: Okay. So he's probably being let
known that he doesn't have to call in, so...
Item #15
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
MS. PATTERSON: Commissioners, that brings us to Item 15,
staff and commission general communications. We have nothing
from the County Manager's Office today.
CHAIRMAN McDANIEL: Okay. County Attorney?
MR. KLATZKOW: Nothing, sir.
March 22, 2022
Page 109
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you. I just wanted to
make one comment.
I always like giving a shout-out to folks that show excellence,
and Trinity Scott, she's been my rock at all my marathon town hall
meetings, along with Jamie French and Dan, but they get enough
kudos. So I want to just talk about Trinity.
But we had a four-and-a-half-hour town hall meeting and a few
others as well, but four-and-a-half hour town hall meeting at Lely.
And, Trinity, you're just -- you're just so great under fire. And I got
so many emails from people afterwards that just said, awesome job,
awesome team, thank you for doing this, and all of that.
And, you know, every time I see that you show up at those
meetings, and, you know, they're always after hours and whatnot, but,
you know, I think you agree, these are 25-hour-a-day jobs. But I just
wanted to publicly recognize you and say, you come with so much
knowledge and have such eloquent responses to people who are so
ticked off. And then in the end they're like, you know, practically
buying you roses. So I don't know how you do it, but I just wanted
to say how much I appreciate that you've shown up at some pretty,
pretty volatile, you know, hot -- hot bed town halls that we've had.
And, you know, in the end we had people really thanking us and
very impressed, especially, you know, with your professionalism,
your credentials and, most importantly, your knowledge and your
eloquence to reply back to them. And then, really, within hours
sending me emails saying, Commissioner LoCastro, here was all the
things we heard. Here's all our homework assignments. Here's all
the action items. Here's how I'm pushing them in a direction. I
mean, I couldn't be more impressed with that. So thank you so
much.
CHAIRMAN McDANIEL: That's a really good
March 22, 2022
Page 110
acknowledgment there, really good acknowledgment.
Commissioner Taylor.
COMMISSIONER LoCASTRO: No change in pay.
CHAIRMAN McDANIEL: We already gave her a raise.
COMMISSIONER TAYLOR: Just -- I have a couple of things.
First of all, I'd like to address Commissioner LoCastro because it's
been reported back to me that you were putting on Facebook that I'm
trying to close the concerts down in Sugden Park.
COMMISSIONER LoCASTRO: I don't think I said it that
way, but --
COMMISSIONER TAYLOR: But I am not.
COMMISSIONER LoCASTRO: Okay.
COMMISSIONER TAYLOR: We talked about it on the dais.
I am not trying to do that.
COMMISSIONER LoCASTRO: Great.
COMMISSIONER TAYLOR: Thank you.
But getting to noise, we did agree that we would -- as a
commission we agreed to have staff develop or modify or revise or
review the noise ordinance, which I hope will be coming back to us
this year. Maybe -- when do you think, County Attorney?
MR. KLATZKOW: Well, I'm bringing back an amplified
sound ordinance to you probably next meeting.
COMMISSIONER TAYLOR: Right. Great.
MR. KLATZKOW: The other ordinance the County Manager
said he was working on, and the County Manager's not here now, but
that's what he did say.
COMMISSIONER LoCASTRO: Well, I mean, I'll -- wait a
minute. But I will say we've thrown around a lot of words here. I
didn't vote to revise anything. I voted at that time, and I think we all
did -- I don't know what the vote was -- for the county staff to come
back with us with a review and proposals to vote on. But I think
March 22, 2022
Page 111
even -- you know, if I remember correctly, Commissioner McDaniel
and I, in a similar way, basically said, we didn't necessarily think
anything was wrong with the current process, but we certainly would
never shoot down or not give the staff an opportunity to come back
and give us some ideas or just an overall review.
So I think that would be the first step. If you're implying that,
you know, it's possible that they may come back with an entirely
different ordinance for us to vote on --
MR. KLATZKOW: Honest to God, I have no idea what the
County Manager's working on as far as that goes. I know what I'm
working on as far as amplified sound goes.
COMMISSIONER LoCASTRO: Yeah. And I'll just -- I'll just
clarify. My comments on social media are that Commissioner
Taylor's the one that brought forward that she would like a review of
the noise ordinance. So I don't think I ever said the words you're
trying to shut down. I think a lot of citizens saw that as a possibility
that you're doing that.
And you're happy to jump on my Facebook page anytime and
make comments and correct the record. But I think people saw that
as you were the only commissioner that brought it forward, and that
gave them cause for concern. And some people thought it was a
very positive thing. So, you know, jump on there and comment as a
commissioner. You're a citizen as well.
COMMISSIONER TAYLOR: Spoken like a true citizen of
Collier County.
COMMISSIONER LoCASTRO: Absolutely.
COMMISSIONER TAYLOR: But not a commissioner.
COMMISSIONER LoCASTRO: Yeah. Well, I'm both.
COMMISSIONER TAYLOR: Commissioners do not
comment on your Facebook page or my Facebook page to what other
commissions said.
March 22, 2022
Page 112
COMMISSIONER LoCASTRO: Well, you can get your
supporters to comment.
COMMISSIONER TAYLOR: So just FYI.
COMMISSIONER LoCASTRO: Encourage your supporters to
comment.
COMMISSIONER TAYLOR: The second thing I'd like to chat
a little bit is about Sugden Park. And, apparently, on Saturday we
all got a letter from Mr. Martin Heybrook. And just to let you know,
Mr. Martin Heybrook is a disabled Vietnam veteran who loves to
walk his dog in the park and was told on Saturday that whoever was
in the park had rented the entire park out. And he and about 100
other folks in cars were refused admittance to this park.
So how can we rent out a public park that the taxpayers pay for
and deny those taxpayers access to it?
MS. PATTERSON: Mr. Rodriguez has some information that
he can provide you.
MR. RODRIGUEZ: Thank you, Commissioners. For the
record, Dan Rodriguez.
You actually have a resolution, a policy on how your parks are
leased out for different venues, and there is an option there for them
to lease the entire park depending on the size of the venue, because
they do get insurance and a policy which allows them coverage for
the entire park and the entire venue and, therefore, when they're
having their paid-for events, they don't necessarily want the public
walking in that haven't paid for -- that are not covered under their
policy.
So it depends on the venue. Sugden Park has been very active
the last year and a half, and we have more interest of people utilizing
it. There are venues -- I'm sorry. There are activities at Sugden
where they only lease out a small portion of it and, again, it just
depends on the event. So we can take a closer look at that and give a
March 22, 2022
Page 113
review for the Board at our existing policy -- some of those are quite
old -- and come back to the Board just to show you what the policy
provides.
COMMISSIONER TAYLOR: I think I would -- I would like
that reviewed. You know, whether we change it or not will be a vote
of a majority up here, but I think we need to look at it. But also
when we're closing an entire park down, I think it needs to come to us
on a consent item.
MR. RODRIGUEZ: And we can certainly do that. But what I
can tell you is that it does go to the PARAB, and the PARAB
approves that as your committee. And from Parks'
perspective -- and I could be mistaken, but we do not get many
complaints of, you know, the parks being shut down. That was kind
of an anomaly, but we'll certainly do whatever the Board requests.
COMMISSIONER TAYLOR: Okay. Well, maybe when you
bring back the resolution we can take a look at that.
MR. RODRIGUEZ: Sounds good.
CHAIRMAN McDANIEL: It does raise an interesting
prospect, because they are our public county parks, and similar to our
boat ramps which are being utilized by commercial vendors to
operate their businesses out of, and then we actually shut it down for
a rental arrangement not being open to the overall public. So I think
maybe if we did have at least a discussion about it on how we
can -- how we can maybe better manage it, or at least look at how
we're doing it differently.
COMMISSIONER TAYLOR: Okay. And then, finally, I
would like to see if there's agreement up here. And I spoke to
Deputy County Manager Patterson and Deputy County Manager
Rodriguez yesterday about this. The Hispanic Latin Festival has a
budget of $900,000 which is set aside for folks in the arts to apply for
grants that they -- it will be a reimbursement grant. Those grants
March 22, 2022
Page 114
must be approved. The final approval body is us, which is us BCC
through the TDC; it's TDC money. And the normal way it unfolds is
that I think the end of March is the cutoff date for these grants to be
applied.
I can tell you, because this festival is so new and a lot of people
are now getting more involved, there's no way that these folks can
make that deadline. So I'd like to see if there's consensus up here
that we extend that deadline certainly probably through the summer,
and then understanding that the approval process is not going to be at
all jeopardized. It has to follow. We have to approve these grants.
What it does say is that there's more time for these 501(c)3s,
these smaller arts agencies to get involved in this and to get
reimbursed. And I had a nod from both Deputy County Managers
yesterday and from our County Attorney.
CHAIRMAN McDANIEL: Do we need to -- do we need to
have a special item or a walk-on item, if you will?
MR. KLATZKOW: You could probably -- can this wait till the
next meeting, Commissioner?
COMMISSIONER TAYLOR: I think the dead -- the ending is
the end of -- the 31st of March.
CHAIRMAN McDANIEL: Right. So there would be -- there
would a two-week lag from the end of March until April the 12th.
MR. KLATZKOW: Do you want to -- you can just extend that
deadline.
CHAIRMAN McDANIEL: Let's just extend the deadline to the
12th and have a formal vote on it.
COMMISSIONER TAYLOR: That's perfect. I'm very
comfortable with that.
MR. KLATZKOW: And staff will bring back an executive
summary laying out the issues.
COMMISSIONER TAYLOR: Great.
March 22, 2022
Page 115
MS. PATTERSON: Absolutely.
CHAIRMAN McDANIEL: And that way there no one will get
lost --
COMMISSIONER TAYLOR: Yeah, no, no. I really
appreciate that.
And, by the way, did you know there's a group of artists in
Immokalee called Frida artists? It is from Frida Kahlo. And they
are artists that are following her spirit in terms of what she did in her
life, and they want to be involved. They're talking about a -- in
Immokalee. I talked to Melissa yesterday. They're talking about
having a taco tasting up and down Main Street. It's so exciting to
see the cultural explosion in our community and the offerings that are
coming forward. So I just want to capture it.
So thank you very much.
CHAIRMAN McDANIEL: Sure.
COMMISSIONER TAYLOR: And that's it. That's all I have
today.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a quick -- I had a town
hall meeting the other night, and several staff people came,
Ms. Patterson and just a whole group of folks. I won't name
everybody that was there. I just don't have the endurance to have a
four-and-a-half hour town hall, so it was a little shorter.
COMMISSIONER LoCASTRO: The citizens made it
four-and-a-half hours, right, Trinity? We tried to get out of there
quicker.
COMMISSIONER SAUNDERS: And I agree Trinity made a
great presentation. All the staff members did a great job. So just
thank you for that. I know you don't get paid extra for that.
MS. PATTERSON: Thank you.
CHAIRMAN McDANIEL: Is that all?
March 22, 2022
Page 116
COMMISSIONER SAUNDERS: Yep.
CHAIRMAN McDANIEL: Well, and I concur as well. I
mean, most everybody knows I do the once-a-month evening with the
commission. Staff support has been amazing throughout that entire
process, and I think I have Trinity and Jamie coming next month.
So, again, thank you, all.
And with that, we are adjourned.
*******
****Commissioner Taylor moved, seconded by Commissioner
LoCastro and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted****
Item #16A1 – Moved to Item #9B (Consensus Per Commission
during Agenda Changes)
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER FACILITIES FOR
FOUNDERS SQUARE, PL20210000700
Item #16A3
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER FACILITIES FOR ISLES
OF COLLIER PRESERVE PHASE 15A, PL20210003000
March 22, 2022
Page 117
Item #16A4
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $71,520 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20190002561 FOR WORK ASSOCIATED WITH
SILVERWOOD AT AVE MARIA PHASE 2
Item #16A5
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $62,326.32 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20210001256 FOR WORK ASSOCIATED WITH TWIN
EAGLES GOLF COURSE IMPROVEMENTS
Item #16A6
AN AGREEMENT FOR THE PURCHASE OF FOUR TRACTS OF
LAND FROM THE GREATER NAPLES FIRE RESCUE
DISTRICT (PARCELS 120FEE, 121FEE, 122FEE AND 123FEE)
REQUIRED FOR CONSTRUCTION OF THE LAKE PARK FLOW
WAY (PROJECT 60246). ESTIMATED FISCAL IMPACT:
$695,000. THE SOURCE OF FUNDS IS STORMWATER BONDS
Item #16A7
AWARD INVITATION TO BID (“ITB”) #21-7920, “BUS WRAPS
AND DECALS FOR CAT VEHICLES,” TO DORAL DIGITAL
REPROGRAPHICS, CORP. AND MEGA GRAPHX INC. WITH
AN ANTICIPATED ANNUAL EXPENDITURE OF $35,000
March 22, 2022
Page 118
WHICH IS FUNDED WITH FEDERAL CAPITAL GRANT
DOLLARS AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENTS
Item #16A8
SUBMITTAL OF A DERELICT VESSEL REMOVAL GRANT
APPLICATION TO THE FLORIDA FISH AND WILDLIFE
COMMISSION FOR THE REMOVAL OF ONE (1) DERELICT
VESSEL FROM COLLIER COUNTY WATERWAYS IN THE
AMOUNT OF $9,400.00 AND AUTHORIZE THE CHAIRMAN
TO EXECUTE THE GRANT APPLICATION
Item #16A9
RESOLUTION 2022-46: AUTHORIZING THE TEMPORARY
CLOSING OF A PORTION OF STATE ROAD 29 AND
DETERMINING THAT THE CLOSURE IS NECESSARY FOR
THE COLLIER COUNTY MUSEUMS’ ANNUAL IMMOKALEE
CATTLE DRIVE & JAMBOREE ON MARCH 26, 2022 TO
FULFILL A FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) TEMPORARY ROAD CLOSURE PERMIT
APPLICATION REQUIREMENT
Item#16B1
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY AND THE BOARD OF COUNTY COMMISSIONERS
REVIEW AND ACCEPT THE 2021 ANNUAL REPORTS FOR
THE TWO COMPONENT AREAS: BAYSHORE GATEWAY
TRIANGLE AND IMMOKALEE COMMUNITY
March 22, 2022
Page 119
REDEVELOPMENT AREAS (CRA) AND PUBLISH THE
REPORTS ON THE APPROPRIATE WEBSITES
Item #16C1
AUTHORIZE THE CHAIRMAN TO SIGN A DONATION
AGREEMENT WITH CAROL L RUDNICK FOR A 1.59-ACRE
PARCEL UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $700
Item #16C2
AN AGREEMENT FOR SALE AND PURCHASE WITH ALICE
M. GORMAN, FOR 1.14 ACRES UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM AT A COST NOT
TO EXCEED $19,500
Item #16C3
PROPOSAL NO. 9723, UNDER CONTRACT NO. 19-7592,
BUILDING AUTOMATION ENERGY MANAGEMENT
SERVICES, FROM JUICE TECHNOLOGIES, INC. D/B/A PLUG
SMART, AND AUTHORIZE THE ISSUANCE OF A PURCHASE
ORDER IN THE AMOUNT OF $307,017.50, TO REPLACE THE
PROPRIETARY N2 JOHNSON CONTROLS METASYS
BUILDING AUTOMATION SYSTEM WITH NEW BACNET
RELIABLE CONTROLS AT THE COLLIER COUNTY
SHERIFF'S OFFICE ("CCSO") JAIL (J1) BUILDING AT THE
COLLIER COUNTY GOVERNMENT CENTER
Item #16C4
March 22, 2022
Page 120
A FIRST AMENDMENT TO AGREEMENT NO. 19-7622,
“ANNUAL AGREEMENT FOR WASTEWATER PUMP
STATION REPAIR AND RENOVATION,” WITH QUALITY
ENTERPRISES USA, INC., DOUGLAS N. HIGGINS, INC.,
PRECISION LIFT STATIONS, INC., AND U.S. WATER
SERVICES CORPORATION
Item #16C5
AWARD OF REQUEST FOR QUOTE (“RFQ”) NO. 21-7842,
“DEEP INJECTION WELL (DIW) SITE IMPROVEMENTS,” TO
QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF
$608,472.30, APPROVE THE ISSUANCE OF A PURCHASE
ORDER IN THAT AMOUNT, AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT (PROJECT 70219). A
NOTICE TO PROCEED WORK WILL NOT BE ISSUED UNTIL
THE BONDS REQUIRED BY SECTION 22 OF THE CONTRACT
ARE PROVIDED BY QUALITY ENTERPRISES USA, INC
Item #16C6
LEASE AGREEMENT WITH THE CITY OF MARCO ISLAND
FOR THE DISTRICT 1 COMMISSIONER, CLERK OF COURTS
AND SUPERVISOR OF ELECTIONS IN THE AMOUNT OF
$4,300 ANNUALLY FOR OFFICE SPACE WITHIN THE MARCO
ISLAND CITY HALL
Item #16C7 – Continued to the April 12, 2022, BCC Meeting (Per
Agenda Change Sheet)
March 22, 2022
Page 121
RECOMMENDATION TO APPROVE AN AMENDMENT TO A
CONTRIBUTION AGREEMENT WITH CITY GATE NAPLES,
LLC (“CGNU”), PERTAINING TO THE ULINE CORPORATION
REGIONAL DISTRIBUTION FACILITY, BY AMENDING
NUMBERED PARAGRAPH FOUR OF THE AGREEMENT TO
REDUCE THE COUNTY’S DUTY TO REIMBURSE CITY GATE
FOR THE CONSTRUCTION OF IMPROVEMENTS ON REAL
PROPERTY TO BE DEDICATED TO THE COUNTY, BY
PROVIDING A ONETIME REIMBURSEMENT PAYMENT NOT
TO EXCEED $575,000, IN LIEU OF A PREVIOUSLY AGREED
UPON TAX INCREMENT FINANCING (“TIF”) CREDIT, WHICH
IS ESTIMATED TO PRODUCE A NET SAVINGS TO THE
COUNTY OF APPROXIMATELY $900,000, AND APPROVE
NECESSARY BUDGET AMENDMENTS
Item #16D1
AUTHORIZE THE CHAIRMAN TO SIGN TWO (2) MORTGAGE
SATISFACTIONS FOR THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOAN PROGRAM AND HOME
INVESTMENT PARTNERSHIPS PROGRAM (HOME) IN THE
AMOUNT OF $23,638.04 AND APPROVE THE ASSOCIATED
BUDGET AMENDMENTS TO APPROPRIATE REPAYMENT
AMOUNT TOTALING $23,638.04
Item #16D2
UPDATES TO THE EMERGENCY RENTAL ASSISTANCE 1
AND 2 PROGRAMS FROM THE U.S. DEPARTMENT OF
TREASURY TO EXPAND ALLOWABLE ACTIVITIES FOR
HOUSEHOLDS SEEKING ASSISTANCE TO INCLUDE
March 22, 2022
Page 122
PAYMENTS TO COLLECTION AGENCIES AND ALLOWING
FOR THE PAYMENT OF FEES REQUIRED BY LANDLORDS
UNDER THESE PROGRAMS
Item #16D3
RESOLUTION 2022-47: AUTHORIZING THE COUNTY
MANAGER TO EXECUTE ALL U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT REQUIRED
CERTIFICATIONS, APPLICATIONS, REPORTS, AND OTHER
FORMS
Item #16D4
AWARD REQUEST FOR PROPOSAL NO. 21-7903 “PRESERVE
AREA MAINTENANCE,” TO EARTH TECH
ENVIRONMENTAL, LLC, AND AUTHORIZE THE CHAIR TO
SIGN THE ATTACHED AGREEMENT
Item #16D5
AUTHORIZING THE CHAIRPERSON TO SIGN THE FIRST
AMENDMENT TO THE SUBRECIPIENT AGREEMENT WITH
YOUTH HAVEN, INC., TO EXTEND THE AGREEMENT END
DATE AND INCREASE THE ASSISTANCE AMOUNT TO
CLIENTS FROM $3,000 TO $5,000, UNDER THE U.S. HOUSING
AND URBAN DEVELOPMENT EMERGENCY SOLUTIONS
GRANTS PROGRAM
Item #16D6
March 22, 2022
Page 123
AUTHORIZING THE CHAIRPERSON TO SIGN THE FIRST
AMENDMENT TO THE HOME INVESTMENT PARTNERSHIPS
PROGRAM SUBRECIPIENT AGREEMENT BETWEEN
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., AND
COLLIER COUNTY TO CORRECT A TYPOGRAPHICAL
ERROR AND INCREASE THE SUBRECIPIENT MATCH
OBLIGATION
Item #16D7
ACCEPT AN UPDATE ON THE AMERICAN RESCUE PLAN
ACT CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUND AND AUTHORIZE PROGRAMMATIC
FUNDING REALLOCATIONS TO SUPPORT THE ONE TIME
ALLOWANCE TO LOCAL GOVERNMENT, CAPITAL
EQUIPMENT PURCHASES FOR EMERGENCY MEDICAL
SERVICES AND AFFORDABLE HOUSING BASED ON THE
FINAL RULE PUBLISHED BY THE US TREASURY AND
AUTHORIZE THE SUBMISSION OF THE UPDATED AND
ANNUAL PERFORMANCE PLAN
Item #16D8
A BUDGET AMENDMENT IN THE AMOUNT OF $150,000
TRANSFERRING FUNDS FROM DOMESTIC ANIMAL
SERVICES DONATION FUND (180) RESERVES TO DOMESTIC
ANIMAL SERVICES DONATION COST CENTER 155414 FOR
VETERINARIAN FEES
Item #16E1
March 22, 2022
Page 124
AWARD INVITATION TO BID (“ITB”) #20-7780S, FLEET
VEHICLE AND EQUIPMENT MAINTENANCE AND REPAIR
SERVICES, TO VOIGT’S SERVICE CENTER, INC., AND
SOUTHEAST POWER SYSTEMS OF FT MYERS, INC., TO
FURNISH MAINTENANCE SERVICES AND REPAIR PARTS
FOR COUNTY VEHICLES AND EQUIPMENT ON A
PRIMARY/SECONDARY BASIS PER LINE ITEM COST OF
SERVICES
Item #16E2
SECOND AMENDMENTS TO THE COLLIER COUNTY
EMERGENCY SERVICES MEDICAL DIRECTOR AND DEPUTY
MEDICAL DIRECTOR’S RESPECTIVE AGREEMENTS WITH
THE COUNTY EXTENDING THE TERM OF EXPIRATION AND
ADJUSTING THE COMPENSATION FOR SERVICES
RENDERED AT $157,500 AND $131,500 RESPECTIVELY FOR
THE FIRST YEAR, WITH A 5% INCREASE IN THE SECOND
AND THIRD YEARS
Item #16E3
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16F1
RESOLUTION 2022-48: ENACT AN OUTDOOR BURNING BAN
IN ACCORDANCE WITH THE PROVISION OF COUNTY
March 22, 2022
Page 125
ORDINANCE NO. 2009-43, AS AMENDED, FOR AN
INDEFINITE PERIOD OF TIME UNTIL CONDITIONS IMPROVE
Item #16F2
REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY
Item #16F3
RESOLUTION 2022-49: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FY21-22 ADOPTED
BUDGET
Item #16F4
AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS,
DUTIES AND BENEFITS, AND OBLIGATIONS TO ALFRED
BENESCH & COMPANY CONCERNING AGREEMENT NO. 21-
7868 “IMPACT FEE STUDIES & FISCAL ANALYSIS”
Item #16I1
MARCH 22, 2022, MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 22, 2022
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
1) Cedar Hammock Community Development District:
Meeting Agenda 10/12/2021; 11/09/2021
Meeting Minutes 10/12/2021; 11/09/2021
2) Winding Cypress Community Development District:
Proposed FY22/23 Budget
B. OTHER:
1) Code Enforcement Weed Abatement Legal Notice:
Code Enforcement Annual Public Notice regarding Ordinance 2009-08
published 01/02; 01/16; 01/30 and 02/13/2022
2) Collier County Housing Authority:
Basic Financial Statements and Supplementary Information
dated September 30, 2021
3) Collier County Water and Wastewater Authority:
Legal Notice of March 21, 2022 Public Meeting and
adoption of Final Order 2022-01
4) Contractor’s Licensing Board Legal Notice:
Contractor’s Licensing Board Legal Notice in regard to
CLB Case No. 2021-13 published 12/22; 12/29/2021; 01/05; 01/12/2022
March 22, 2022
Page 126
Item #16J1
ACCEPTANCE OF THE FALL 2021 E911 STATE GRANT
AWARD, APPROVE ASSOCIATED BUDGET AMENDMENTS
AND APPROVE THE COLLIER COUNTY SHERIFF’S OFFICE
TO RECEIVE AND EXPEND THE FALL 2021 E911 STATE
GRANT FUNDS
Item #16J2
THE USE OF $1,000 FROM THE CONFISCATED TRUST FUNDS
TO SUPPORT THE FLORIDA AGRICULTURAL CRIMES
INTELLIGENCE UNIT, INC.
Item #16J3
EXECUTION OF THE BUDGET AMENDMENT FOR $832,396.15
FOR COMMUNICATIONS CONSOLES REPLACEMENT (9-1-1)
Item #16J4
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 FEBRUARY 24, 2022 AND
MARCH 9, 2022 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J5
DETERMINE VALID PUBLIC PURPOSE FOR INVOICES
March 22, 2022
Page 127
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
MARCH 16, 2022
Item #16K1
RESOLUTION 2022-50: APPOINTING ROBERT R. TALFORD
TO THE VANDERBILT WATERWAY MSTU ADVISORY
COMMITTEE
Item #16K2
RESOLUTION 2022-51: APPOINTING SARAH HUFFMAN TO
THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE
Item #16K3
RESOLUTION 2022-52: REAPPOINTING ROY WILSON AND
JACOB DUTRY VAN HAEFTEN TO THE HALDEMAN CREEK
DREDGING MAINTENANCE ADVISORY COMMITTEE
Item #16K4
COUNTY ATTORNEY TO ENGAGE IN VOLUNTARY
MEDIATION CONCERNING A JULY 28, 2010, DEVELOPER
CONTRIBUTION AGREEMENT INVOLVING THE RANDALL
BLVD. COMMERCIAL SUBDISTRICT, AND POTENTIALLY
BRING BACK PROPOSED AMENDMENTS TO THE
AGREEMENT
Item #16K5
March 22, 2022
Page 128
(1) A MEDIATED SETTLEMENT AGREEMENT AND MUTUAL
RELEASE RESULTING FROM THE PRE-SUIT DISPUTE
RESOLUTION PROCESS IN THE TRI-PARTY CONSTRUCTION
AGREEMENT BETWEEN WPM-SOUTHERN, LLC, THE CITY
OF NAPLES, FLORIDA, COLLIER COUNTY, FLORIDA, AND
THE DESIGN ENGINEER ON THE PROJECT, Q. GRADY
MINOR & ASSOCIATES, P.A., (2) AN INTERLOCAL
AGREEMENT ACKNOWLEDGING THE CITY’S
RELINQUISHMENT OF $300,000 IN FUNDS THE COUNTY
HAD APPROPRIATED TO REIMBURSE THE CITY FOR
CONSTRUCTION COSTS ON THE WEST GOODLETTE-FRANK
ROAD AREA JOINT STORMWATER-SEWER PROJECT, (3)
THE ATTACHED BUDGET AMENDMENT, AND (4) TO
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENTS
Item #17A
ORDINANCE 2022-09: AMENDING ORDINANCE NO. 02-61, AS
AMENDED, TO AMEND THE EXTERNAL BOUNDARIES OF
THE FIDDLER’S CREEK COMMUNITY DEVELOPMENT
DISTRICT #2, PURSUANT TO CHAPTER 190.046, FLORIDA
STATUTES
Item #17B
ORDINANCE 2022-10: AMENDMENT TO ORDINANCE NO.
2021-02, AS AMENDED, THE COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE ORDINANCE, TO REDUCE THE
QUORUM REQUIREMENT AT MEETINGS FROM SIX TO
FOUR MEMBERS
March 22, 2022
Page 129
Item #17C
RESOLUTION 2022-53: PETITION PL20210002017, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE 100-FOOT RIGHT-OF-WAY
AND EASEMENT, DESCRIBED AS TRACT “G” AS RECORDED
IN DEED BOOK 23, PAGE 47 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED SOUTH OF OIL
WELL ROAD (C.R. 856) NEAR THE INTERSECTION OF OIL
WELL ROAD AND OIL WELL GRADE ROAD IN SECTIONS 23
AND 24, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA
Item #17D
ORDINANCE 2022-11: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, TO ALLOW A DRIVE-THRU RESTAURANT
INSTEAD OF A CARWASH IN THE IMMOKALEE 7-ELEVEN
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) BY
AMENDING ORDINANCE NUMBER 2021-22 TO ADD EATING
PLACES WITH A DRIVE-THRU AND GROCERY STORES AS
PERMITTED USES, REMOVE THE CAR WASH USE AND
RELATED DEVELOPER COMMITMENT, REDUCE THE
TOTAL COMMERCIAL SQUARE FOOTAGE FROM 5,650 TO
5,250, AND INCREASE THE MAXIMUM TWO-WAY PM PEAK
HOUR NET NEW TRIPS GENERATION LIMIT FROM 157+/- TO
167+/-, ON PROPERTY LOCATED AT THE NORTHWEST
CORNER OF MAIN STREET (SR 29) AND NORTH 9TH
STREET, IMMOKALEE, IN SECTION 4, TOWNSHIP 47 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
March 22, 2022
Page 130
OF 3.04+/- ACRES; AND BY PROVIDING AN EFFECTIVE
DATE. (PL20210001637)
Item #17E
RESOLUTION 2022-54: A RESOLUTION OF THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS
DESIGNATING 2,258 ACRES IN THE RURAL LAND
STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A
STEWARDSHIP SENDING AREA WITH A DESIGNATION AS
“CLH & CDC SSA 18”; PURSUANT TO THE TERMS SET
FORTH IN THE ESCROW AGREEMENT, STEWARDSHIP
SENDING AREA CREDIT AGREEMENT FOR CLH & CDC SSA
18, AND STEWARDSHIP SENDING AREA EASEMENT
AGREEMENT FOR CLH & CDC SSA 18; APPROVING A
STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR
CLH & CDC SSA 18; APPROVING A STEWARDSHIP SENDING
AREA EASEMENT AGREEMENT FOR CLH & CDC SSA 18
APPROVING AN ESCROW AGREEMENT FOR CLH & CDC
SSA 18; AND ESTABLISHING THE NUMBER OF
STEWARDSHIP CREDITS GENERATED BY THE
DESIGNATION OF SAID STEWARDSHIP SENDING AREA.
THE SUBJECT PROPERTY IS LOCATED IN SECTIONS 1, 2, 3,
10, 11, 12, 13, 14, 15, 22 AND 23, TOWNSHIP 49 SOUTH,
RANGE 28 EAST. [PL20200001007]
Item #17F
THIS ITEM HAD BEEN CONTINUED FROM THE JANUARY 25,
2022, FEBRUARY 8, 2022, FEBRUARY 22, 2022, AND MARCH
8, 2022, BCC MEETINGS. AND WAS FURTHER CONTINUED
March 22, 2022
Page 131
TO THE MARCH 22, 2022, BCC MEETING. THIS ITEM IS THE
FIRST OF TWO HEARINGS. RECOMMENDATION TO
APPROVE AN ORDINANCE AMENDING ORDINANCE
NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, TO CHANGE THE NAME OF
THE BAYSHORE MIXED USE OVERLAY DISTRICT TO THE
BAYSHORE ZONING OVERLAY DISTRICT AND THE NAME
OF THE GATEWAY TRIANGLE MIXED USE DISTRICT TO
THE GATEWAY TRIANGLE ZONING OVERLAY DISTRICT,
TO RENAME THE BAYSHORE GATEWAY TRIANGLE
REDEVELOPMENT AREA TO THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA; TO ADD
PROHIBITED USES, ADD APPEARANCE STANDARDS FOR
OUTDOOR DISPLAY AND STORAGE, ADD A BOUNDARY
MAP FOR THE BAYSHORE ZONING OVERLAY DISTRICT
AND FOR THE GATEWAY TRIANGLE ZONING OVERLAY
DISTRICT, ADD ARCHITECTURAL STANDARDS FOR
SINGLE FAMILY HOMES, AND CHANGE OTHER
DEVELOPMENT STANDARDS. [PL20210001222]
Item #17G
RESOLUTION 2022-55: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FY21-22 ADOPTED
BUDGET
March 22, 2022
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :23 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DIS UNDER ITS CONTROL
c•
WILLIA . McDANIEL, JR., CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
y
to ChiairmanS
signature Only.
These minutes approved by the Board on Pip/4 Zip►ZOZ2
as presented ✓ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
Page 132