BCC Minutes 04/12/2022 RApril 12, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 12, 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:
Mark Isackson, County Manager
Amy Patterson, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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April 12, 2022
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
April 12, 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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April 12, 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. Reverend Doctor Oliver Phipps of Unity Faith Missionary Baptist 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. March 1, 2022, BCC Joint Workshop Meeting w/Marco Island City Council
C. March 8, 2022, BCC Meeting Minutes
3) AWARDS AND RECOGNITIONS
1) Employee
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April 12, 2022
2) Advisory Board Members
3) Retirees
4) Employee of the Month
a) Recommendation to recognize Mariana St. Surin, in the Risk
Management Division, as the March 2022 Employee of the
Month. (All Districts)
4) PROCLAMATIONS
A. Proclamation remembering and honoring Pastor Lonnie Mills for the
contributions he made throughout his lifetime to his family, church, and
community. To be accepted by Pastor Mills' son, Clarence Mills.
B. Proclamation designating April 10 - 16, 2022, as the 39th Anniversary of
Know Your County Government Week in Collier County. To be accepted
by students from Barron Collier, Golden Gate, Lely, and Naples High
Schools.
C. Proclamation designating April 23 - 30, 2022, as Pickleball Week in Collier
County. This proclamation will be mailed to Terri Graham, co-founder of
Minto US OPEN Pickleball Championships.
D. Proclamation designating Saturday, April 23, 2022, as "Try Transit Day" in
Collier County by offering free rides to promote public transportation as an
alternative means of transportation in Collier County in honor of Earth Day.
To be accepted by Trinity Scott, Department Head, Transportation
Management Services, Michelle Arnold, Division Director, Omar DeLeon,
Public Transit Manager, and staff members of Public Transit and
Neighborhood Enhancement.
E. Proclamation designating April 2022 as Sexual Assault Awareness Month in
Collier County. To be accepted by Eileen Wesley, CEO, Project HELP, Inc.
5) PRESENTATIONS
A. Presentation of the Collier County Business of the Month for April 2022 to
Golisano Children's Museum of Naples. The award will be accepted by
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Jonathan Foerster, Chief Executive Officer. Also present is Bethany
Sawyer, Vice President of Membership, The Greater Naples Chamber of
Commerce.
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 to be heard no sooner than 1:00 pm. This item was continued
from the March 22, 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)
10) BOARD OF COUNTY COMMISSIONERS
A. Recommendation to provide additional staff direction regarding the County
Manager recruitment process. (Amy Lyberg, Human Resources Division
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Director) (All Districts)
B. Recommendation to appoint two Commissioners as regular members, three
Commissioners as alternate members, and ratification of appointed citizen
member and alternate citizen member for a one-year period on the Value
Adjustment Board. (All Districts)
C. Request that the Board discuss whether we should direct staff to look into
amending the Land Development Code and/or the Noise Control Ordinance
in order to lessen the impacts that commercial developments have on
abutting residential communities. (Sponsored by Commissioner Taylor) (All
Districts)
11) COUNTY MANAGER'S REPORT
A. Recommendation to award Request for Professional Services (“RPS”) No.
21-7877, “Construction Engineering and Inspection (CEI) Services for
TIGER Grant,” to Kisinger Campo & Associates Corp., for a total not to
exceed amount of $1,946,572.96, and authorize the Chairman to sign the
attached agreement. (Project 33563) (Trinity Scott, Department Head
Transportation Management Services Department) (District 5)
B. Recommendation to award Invitation to Bid (“ITB”) No. 21-7943, “Pelican
Bay Oakmont Lake 4-1 Restoration,” to Quality Enterprises USA, Inc., in
the amount of $2,309,411.00 approve the necessary budget amendments and
authorize the Chairman to sign the attached Agreement. Neil Dorrill, Pelican
Bay Services Division Administrator) (District 2)
C. Recommendation to award Request for Proposal (“RFP”) #21-7936,
“Professional Services for SAP S/4 HANA Implementation,” to Phoenix
Business, Inc. d/b/a Phoenix Business Consulting in the amount of
$1,658,245.60 and authorize the Chairman to sign the attached agreement.
(Derek Johnssen, Clerk's Office Director of Finance and Accounting) (All
Districts)
D. Recommendation to authorize 12 additional Full Time Equivalent (“FTEs”)
positions in the Collier County EMS Division due to increased customer
demands, population, and call volumes, authorize the necessary budget
amendments, and accept EMS’ plan to improve staffing and response times
to meet current and future County demands. (Tabatha Butcher, Chief,
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Emergency Medical Services) (All Districts)
12) COUNTY ATTORNEY'S REPORT
A. This item has been continued from the March 8, 2022, BCC Meeting.
Recommendation to appoint the initial membership of the Public Art
Committee. (All Districts)
B. This Item to be heard at 10:30 a.m. Recommendation that the Board
evaluate the four submittals received for the solicitation for Special
Magistrate services and take whatever action the Board deems appropriate.
(All Districts)
13) OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2021.
(Derek Johnssen, Clerk's Office Director of Finance and Accounting) (All
Districts)
14) AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15) STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16) Consent Agenda - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. Growth Management Department
1) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
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participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Sabal Bay Parcels 1-5,
Application Number PL20210000143. (District 4)
2) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Antilles 2, (Application
Number PL20210002458) approval of the standard form Construction
and Maintenance Agreement and approval of the performance security
in the amount of $338,421.05. (District 1)
3) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water for Addie's Place Commercial, PL20220000816.
(District 3)
4) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water facilities for the Burger King #7519 @5055 Golden
Gate Pkwy, PL20220000697. (District 3)
5) Recommendation to approve final acceptance of the sewer facilities
and accept the conveyance of the sewer facilities for Courthouse
Shadows Utility Relocation Manhole #2, PL20210001940. (District 4)
6) Recommendation to approve final acceptance of the potable water
utility facilities and accept the conveyance of a portion of the potable
water utility facilities for the Destiny Church, PL20210001737.
(District 3)
7) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Esplanade Golf and Country Club
of Naples Phase 5 Parcels “I”, “J”, “K1”, “K2”, “K3” and “K4”,
Application Number PL20180003694; and authorize the release of the
maintenance security in the amount of $440,856.15. (District 3)
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8) Recommendation to approve final acceptance of the sewer facilities
and accept the conveyance of the sewer facilities for 844 Wiggins
Pass Rd, PL20210001091. (District 2)
9) Recommendation to approve and execute an Amendment to the
Randall Curve Developer Agreement in order to extend the
timeframes in Section Four by ninety (90) days. (District 3, District 5)
10) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $28,460 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20210002053) for work associated with Hammock Park.
(District 1)
11) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $158,000 which was posted as a
guaranty for Excavation Permit Number PL20200002264 for work
associated with Naples Classical Academy. (District 3)
12) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $266,940 which was posted as a
guaranty for Excavation Permit Number PL20210000796 for work
associated with Isles of Collier Preserve Phase 15. (District 4)
13) Recommendation to approve and execute a Temporary Access and
Landscape Easement and Agreement between Collier County and the
Naples Botanical Garden, Inc., concerning the Freedom Park Bypass
Canal Bank Study using native low-growing grasses and authorize the
Chairman to sign and execute the Agreement. (All Districts)
14) Recommendation to terminate for convenience Construction
Agreement No. 21-7852-ST, Bridge Replacement-Bridge Package
D-1 Bridge-Immokalee Road-Grant Funded, with Quality Enterprises
USA, Inc. (Project #66066). (District 5)
15) Recommendation to approve an agreement for the purchase of a
perpetual, non-exclusive sidewalk easement (Parcel 492SWE)
necessary for the construction of a public sidewalk for the Naples
Manor Sidewalks (Project #60228.7). Estimated Fiscal Impact:
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$11,155. The source of funds is the Infrastructure Surtax Fund (318),
Project #60228. (District 1)
16) Recommendation to approve the release of two code enforcement
liens with an accrued value of $98,597.07 for payment of $9,500 in
the code enforcement actions titled Board of County Commissioners
v. Lynda M. Mayor in Special Magistrate Case Nos.
CEPM20080015884 and CELU20180014859 relating to property
located at 1276 Dove Tree Street, Collier County, Florida. (District 5)
17) Recommendation to authorize a budget amendment to recognize
revenue and transfer funding for projects within the Transportation
Supported Gas Tax Fund (313) and Transportation & CDES Capital
Fund (310) in the amount of $328,619.98 and issue a refund for a
sidewalk payment in lieu in the amount of $30,032.80. (Projects
#60085, #60088, #69331, #69333, and #69338) (All Districts)
18) Recommendation to authorize a budget amendment to transfer
$237,000 within Stormwater Maintenance Operating Fund (103) to
acquire roadside stormwater management equipment. (All Districts)
19) Recommendation to approve a work order with APTIM
Environmental & Infrastructure, Inc.; to provide professional
engineering services for 2023-2024 Local Government Funding
Request under Contract No. 18-7432-CZ for time and material not to
exceed $26,052.00, authorize the Chairman to execute the work order,
and make a finding that this item promotes tourism (Fund 195, Project
No. 90065). (All Districts)
20) Recommendation to approve a Work Order in the amount of
$5,395.00 to Ardaman & Associates, Inc., under Contract No. 18-
7432-TE for professional geotechnical analysis of beach fill material
from the Wiggins Pass and Doctors Pass Dredge 2021-2022 project,
authorize the Chairman to execute the work order, and make a finding
that this expenditure promotes tourism. (Fund 195, Project No. 80288
& 90549). (All Districts)
21) Recommendation to approve a Work Order for CSA Ocean Sciences,
Inc. to continue the required post-construction hardbottom monitoring
for the Collier County Beach Nourishment Project in summer 2022
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for time and materials not to exceed $286,067.27 under Contract No.
17-7188, authorize the Chairman to execute the Work Order and make
a finding that this item promotes tourism (Fund 195, Project No.
90033). (All Districts)
22) Recommendation to accept the Subrecipient Agreement IR031 with
the Florida Department of Economic Opportunity (FDEO) for funding
in the amount of $602,786.32 from the Community Development
Block Grant-Mitigation (CDBG-MIT) program for the construction of
the Immokalee Eden Gardens Stormwater Improvements (Project
Number 60143) and authorize all required Budget Amendments.
(Growth Management Fund 711) (All Districts)
23) Recommendation to authorize the necessary budget amendments to
reallocate funds within the Transportation Management Services
Department Stormwater Capital Fund 325 ($330,000). (All Districts)
24) Recommendation to award Request for Professional Services (“RPS”)
No. 21-7900, “Design Services for Stormwater Improvements for the
BCG&CC/CCN Areas,” to Hole Montes, Inc., in the total amount of
$789,130.60, authorize the Chairman to sign the attached Agreement,
and authorize the necessary budget amendments. (Project No. 60102)
(District 4)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRA), approve a one-
year extension of the project completion date set forth in the
Commercial Improvement Grant (CBIG) Agreement between the
CRA and Southern Region Development, LLC, for the property
located at 2600 Davis Boulevard, Naples, Florida 34112 located
within the Bayshore Gateway Triangle Community Redevelopment
Area. (District 4)
2) Recommendation that the Board of County Commissioners, approve
an Agreement with Florida Power and Light to install eight
streetlights in the Sabal Shores neighborhood on Areca Avenue, Basin
Street and Captains Cove located in the Bayshore Beautification
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MSTU and authorize the Chairman to sign. (Estimated Annual Fiscal
Impact: $682, Bayshore Beautification MSTU Fund 163) (District 4)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation that the Board of County Commissioners approve
Real Estate Sales Agreements and all documents necessary to convey
three parcels of land from the GAC Land Trust to Michael Saadeh
Revocable Living Trust and accept a Reverter, Discharge and Release
for each of the parcels where Avatar Properties waives certain “GAC
Agreement” requirements. (GAC Land Sales Fund 605) (District 5)
2) Recommendation to approve the Amended Utility Easement
necessary to replace a portion of an existing Collier County Utility
Easement with Foxfire Community Association of Collier County,
Inc., a Florida not-for-profit corporation, associated with the
construction of a new 2-story Cart Barn and Fitness Center at Foxfire
Golf and Country Club Clubhouse, at no cost to the County.
(District 4)
3) Recommendation to accept a donation from the Freedom Memorial
Foundation of Naples, Florida Inc., for the remaining 23 state stones
and a plaque, and to be installed at the Freedom Memorial site.
(District 4)
4) Recommendation to authorize the budget amendments totaling
$3,000,000 to reallocate funding within the Wastewater User Fee
Capital Project Fund (414) to fund near term needs in the Collier
County Water-Sewer District’s wastewater collections system. (All
Districts)
5) Recommendation to approve Amendment No. 4 with South Florida
Water Management District to continue leasing office space for
Tourism on Horseshoe Drive North for three years and increase the
lease’s termination notice period to 120 days. (District 4)
6) Recommendation to approve a First Amendment to Vacant Land
Contract that: 1) terminates and releases the recorded Collier County
Standard Form Long-Term Lease and Operating Agreement between
Collier County and David Lawrence Mental Health Center, Inc., and
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provides that the Standard Form Lease be executed after closing on
the real property, and 2) extends the deadline to acquire entitlements
and site development plan approvals and shifts such responsibility to
the County. (District 3)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize a Budget Amendment to
recognize interest earned, in the amount of $733.26, for the period of
October 2021 thru December 2021 on advanced library funding
received from the Florida Department of State to support library
services for the use of Collier County residents. (Public Service Match
Fund 710) (All Districts)
2) Recommendation to approve and authorize the chairman to sign two
(2) mortgage satisfactions for the State Housing Initiatives Partnership
loan program in the amount of $30,000 and approve the associated
Budget Amendment to appropriate repayment amount totaling
$20,000. (SHIP Grant Fund 791) (All Districts)
3) Recommendation to approve the State Housing Initiatives Partnership
(SHIP) Annual Report and authorize the Chairperson to sign the Local
Housing Incentive Certification for closeout Fiscal Year 2018/2019 to
ensure compliance with program requirements. (All Districts)
4) Recommendation to approve and authorize the Chairman to accept the
Exposhows Inc. proposal to provide a July 4th Fireworks Show at
Sugden Park on July 4, 2022. This proposal will resolve the dispute
created by Exposhows Inc.'s failure to perform their contractual
commitment to provide a show in accordance with the scope of work
awarded in 2021. (All Districts)
5) Recommendation to authorize a Budget Amendment recognizing Park
and Recreation Insurance Claim #5011112010838 proceeds in the
amount of $21,824.50 within Park’s Capital Fund (306) Project
#80423. (District 1)
6) Recommendation to approve a Collier County Tourist Development
Council (TDC) Category “A” Grant Application for Beach Park
Facilities for Fiscal Year 2022 in the total amount of $36,970 within
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TDC Beach Park Facilities Fund (183), to authorize necessary Budget
Amendments, and to make the finding that the expenditure promotes
tourism. (All Districts)
E. ADMINISTRATIVE SERVICES
1) Recommendation to renew the annual Certificate of Public
Convenience and Necessity (COPCN) and Permit for a Class 1 (ALS
Transport/ALS Rescue) and Class 2 (ALS intra-facility ALS
Ambulance Transport) for the Seminole Tribe Fire Rescue
Department within the boundaries of the Seminole Tribe in
Immokalee. (All Districts)
2) Recommendation to approve an Assumption Agreement assigning all
rights, duties and benefits, and obligations to DeAngelo Contracting
Services LLC concerning Agreement #18-7459 “Exotic Vegetation
Removal”. (All Districts)
3) Recommendation to accept the report for the sale of 35 items and
disbursement of funds in the amount of $190,780 associated with the
County surplus auction held on February 19, 2022. (All Districts)
4) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
5) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve an Extension of Agreement No. 12-5957
with PFM Financial Advisors, LLC (“PFM”), extending the
agreement with PFM through May 31, 2024, as an exemption to the
competitive process under Section 2-193(14) of the Code of Laws and
Ordinances of Collier County, Florida, and authorize the Chairman to
sign the attached Agreement. (All Districts)
2) Recommendation to approve the change of the Tourism Development
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Tax Grant deadline from April 12, 2022 to April 29, 2022 at 5 p.m.
(All Districts)
3) Recommendation to promote economic development in local
agriculture via a $10,000 sponsorship of the Southwest Florida
Agricultural Festival & Rodeo organized by the Collier County Farm
Bureau. (Economic Development Fund 007) (All Districts)
4) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively. (All Districts)
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY21-22 Adopted Budget. (All Districts)
6) Recommendation to approve and authorize the Chairman to sign the
Agreement with the Partnership for Collier’s Future Economy, Inc.,
an affiliate of the Greater Naples Chamber of Commerce, in continued
support of the established public-private partnership designed to
advance the County’s economic development efforts while fostering
government and private business relations. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Chairman to execute
the attached Amendment No. 4 for Extension of Public Transportation
Grant Agreement (PTGA) G0Z16 with the Florida Department of
Transportation to extend the end date of the Agreement for the
Security Enhancements at the Immokalee Regional Airport.
(District 5)
2) Recommendation to approve the submittal of the attached Federal
Aviation Administration (FAA) Airport Improvement Program (AIP)
grant application to request eligible funds in the amount of $190,222
for the Marco Island Executive Airport (MKY) Bulk Hangar- Design
Phase and designate the County Manager as the authorized
representative to submit the application and accept the award
electronically. (District 1)
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H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Collier County Board of County
Commissioners approve a resolution changing the boundaries of
certain voting precincts. (All Districts)
2) Report to the Board regarding the investment of County funds as of
the quarter ended December 31, 2021. (All Districts)
3) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between March 10, 2022, and March 30, 2022, pursuant to
Florida Statute 136.06. (All Districts)
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of April 6,
2022. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to reappoint two members to the Public Transit
Advisory Committee. (All Districts)
2) Recommendation to appoint 3 members to the Tourist Development
Council. (All Districts)
3) Recommendation to reappoint three members to the Immokalee Local
Redevelopment Advisory Board. (District 5)
4) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Tiffany Wind v. Collier
County Board of Commissioners, (Case No. 21-CA-2769), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida, for the sum of $155,000. (All Districts)
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April 12, 2022
5) Recommendation to approve a Stipulated Final Judgment in the
amount of $85,000 plus $15,858 in statutory attorney fees, experts’
fees, and costs, for the taking of Parcel 1104FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
6) Recommendation to approve a Stipulated Final Judgment in the
amount of $145,000 plus $36,961.42 in statutory attorney fees,
apportionment fees, experts’ fees and costs, for the taking of Parcel
1140FEE required for the Vanderbilt Beach Road Extension Project
No. 60168. (All Districts)
7) Recommendation to approve a Stipulated Final Judgment in the
amount of $47,000 plus $18,136 in statutory attorney and experts’
fees and costs for the taking of Parcel 1185RDUE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
8) Recommendation to approve a Stipulated Final Judgment in the
amount of $22,100 with Pro Se Respondent for the taking of Parcel
1238FEE required for the Vanderbilt Beach Road Extension Project
No. 60168. (All Districts)
9) Recommendation to approve a Stipulated Final Judgment in the
amount of $132,500 plus $31,337 in statutory attorney and experts’
fees and costs for the taking of Parcel 192FEE required for the
Vanderbilt Beach Road Extension Project No. 60168, and delegate
authority to the County Manager or his designee to process payment
of additional statutory attorney’s fees for supplemental proceedings, if
any, as authorized by Ch. 73, Fla. Stat. (All Districts)
10) Recommendation to approve a Stipulated Final Judgment in the
amount of $40,000 plus $15,785.47 in statutory attorney fees, experts’
fees and costs, for the taking of Parcel 275RDUE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
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17) Summary Agenda - This section is for advertised public hearings and must
meet the following criteria: 1) A recommendation for approval from staff; 2)
Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting;
3) No written or oral objections to the item received by staff, the Collier
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April 12, 2022
County Planning Commission, other authorizing agencies or the Board, prior
to the commencement of the BCC meeting on which the items are scheduled to
be heard; and 4) No individuals are registered to speak in opposition to the
item. For those items which are quasi-judicial in nature, all participants must
be sworn in.
------------------------------------------------------------------------------------------------------------
A. This item is the second 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)
18) ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
April 12, 2022
Page 2
MR. ISACKSON: Good morning, Commissioners. You have
a live mic.
CHAIRMAN McDANIEL: Good morning, everybody.
We are going to endeavor to persevere today. We have an
unusual circumstance. So the first thing we're going to do is have
our invocation and Pledge. And the invocation's going to be read by
Reverend Dr. Oliver Phipps of the Unity Faith Missionary Baptist
Church. So if you all would rise with me, please, for that.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
DR. PHIPPS: Let us pray.
Dear Heavenly Father, it is always hard to say goodbye to those
that have died, for we know that they will be missed by so many who
are left behind. But, Lord, you also remind us that the death of your
saints is very special to you. And we want to join together to thank
you for the life of Pastor Lonnie Mills, your child, who was such an
encouragement and wonderful witness of your love and grace.
We thank you, Lord, for the blessings of Pastor Mills, whom we
all remember so fondly but now is at rest in your loving embrace.
We thank you for his life and the many happy memories that we all
share with him.
We lift Pastor Mills to you this morning in honor of the good we
saw in him and the love we felt from him. We thank you, for we are
comforted thinking of the wonder that Pastor Mills now beholds
being with you.
We thank you that the sting of death has been broken forever
and the curse of the grave has been destroyed through the death and
resurrection of our Lord and savior, Jesus Christ.
April 12, 2022
Page 3
So we thank you for being the God of perfect peace, for being
the father of compassion, for being the god of all comfort , for being
the father of all mercies.
I keep thinking about that song when I was younger my
grandmother would sing. Never a heartache and never a groan.
Never a teardrop and never a moan. Ever a danger, but there on the
throne, moment by moment he thinks of his own. Hold me, Lord, I
pray, and keep me moment by moment. Moment by moment I am
kept in your love. Moment by moment I've life from above.
Looking to Jesus to glory thus shine. Moment by moment, oh, Lord,
I am thine.
And it's in Jesus' name we pray and give thanks, and let's say
amen.
CHAIRMAN McDANIEL: Everybody please remain standing.
And just as a note, Reverend Phipps was ordained by Pastor Lonnie
Mills back in the day when he was coming through. And if you
would, please, I'm now going to call on our Honor Guard to come
forward, and we'll do the Pledge of Allegiance.
Okay. At this time I'm going to call on Ms. Eileen William.
Oh, there you are right there. I didn't even see you get to the
podium. I'd like you, if you would, please, lead us in the Pledge of
Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: Okay. Ladies and gentlemen, you
may be seated.
All right. We're going to say good morning again. Good
morning, everybody.
AUDIENCE MEMBERS: Good morning.
Item #2A
April 12, 2022
Page 4
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 – APPROVED
CHAIRMAN McDANIEL: With that, we're going to move on
to the balance of our agenda, and then we have a -- we have a few
other little things to tend to this morning.
So I'm going to call for -- Commissioner Taylor, I believe you
have an adjustment to our agenda with regard to one of the
proclamations.
COMMISSIONER TAYLOR: Yes. With the agreement of
my colleagues on the Board, I would like to move that we present the
proclamation for Pastor Mills at the beginning of our meeting before
we do any -- before we do the award to our well-deserving Employee
of the Month.
CHAIRMAN McDANIEL: And while we're talking to you, do
you have any other adjustments to the agenda or proclamations with
regard to -- what is that that I'm looking for? Oh, our ex parte.
COMMISSIONER TAYLOR: No ex parte and, of course, the
items continued are in what we have in front of us.
CHAIRMAN McDANIEL: Yes, of course.
COMMISSIONER TAYLOR: No other ex parte.
CHAIRMAN McDANIEL: And no other adjustments?
COMMISSIONER TAYLOR: No other adjustments.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: No adjustments to the
agenda and no ex parte.
CHAIRMAN McDANIEL: Very good.
COMMISSIONER LoCASTRO: Same for me, no ex parte and
April 12, 2022
Page 5
no adjustments or changes.
CHAIRMAN McDANIEL: And myself as well, no
adjustments or ex parte.
We do have one public speaker on the consent agenda.
MR. ISACKSON: Mr. Chairman, maybe I can go through my
agenda notes and changes also before you get to the public speaker, if
that's okay with you.
CHAIRMAN McDANIEL: I'm all right with that, yes. Thank
you, sir. Good morning, by the way.
MR. ISACKSON: Good morning to you. Good morning to
the Board.
Commissioners, we're going to suggest that Item 9A, your
RFMUD item, be continued to the April 26th, 2022, meeting. We're
also going to suggest that Item 16C3 be continued to the April 26th,
2022, meeting at Commissioner Taylor's request. And also at
Commissioner Taylor's request, we'll continue Item 16F2 to the
April 26th, 2022, meeting.
Some agenda notes if I can, Commissioners. Item 13A will be
heard at 10:00. That's a presentation of our Comprehensive Annual
Financial Report, and Item 12B, your special magistrate submittals,
will be heard at 10:30. That's all I have, sir.
CHAIRMAN McDANIEL: Okay. So with that, we do have
one public speaker on the consent agenda.
MR. MILLER: Yes, Mr. Chair. Actually, I have a second
speaker registered but he said he only wanted to speak if it was
pulled. Your speaker is Aaron Zwifel on Item 16 C-1.
MR. ZWIFEL: Good morning, Commissioners. I'd like to
request that Consent Item 16C1 related to the sale of three properties
or, excuse me, the three GAC properties be pulled from consideration
and returned to the GAC Land Trust for a third-party appraisal.
Based on research of the three parcels, there appears to be some
April 12, 2022
Page 6
discrepancies that need to be addressed. One, Parcel 1, which is a
3.92-acre lot with a contracted price of $455,000, yet there's
comparable -- excuse me -- there are comparable lots, one of which is
a 2.25-acre wooded lot which sold for -- sold November 12th in '21
for 455,000, and then another 2.73 lot which sold on 12/7/2021 for
500,000, both of which are prior to the March 22nd reappraisal date.
Also, No. 2, there's a five-acre canal lot which is contracted
right now for $180,000 but recent sales of a 2.73 lot sold 2/15/2022
for 589- and then a 306 [sic] acre lot sold on 2/11 for 589 -. Again,
both are which -- which are both prior to the March 22nd appraisal
date.
Finally, Parcel 3, which are two 1.7-acre lots that were
contracted for $39,000. It's unclear whether these lots are being sold
as a pair or whether it's one lot. The appraisal indicates that it's two
lots, but both product -- or excuse me, properties have an appraised
parcel number which is the same, but they aren't contiguous.
Also, comparable lots, essentially 1.14-acre lots, that were sold
February 2022, one for $78,000 and another for $478,000. So there
seems to be enough discrepancies here that we need to send that back
to the GAC to have them get these things reappraised before we go
out on a limb and sell them.
Thank you for your consideration.
CHAIRMAN McDANIEL: Anything else?
MR. MILLER: Well, Mr. Chairman, I think it would be -- with
your consent, I'd like to call the other name and see if he does want to
speak now. Michel Soodah, Soodah, Soodah.
CHAIRMAN McDANIEL: Soodah.
COMMISSIONER TAYLOR: Soodah.
MR. SOODAH: Good morning, Commissioners.
CHAIRMAN McDANIEL: Good morning.
MR. SOODAH: You have a GAC program that's been on the
April 12, 2022
Page 7
books for years. I approached the staff to see what the procedure is
to purchase these properties. They do their own appraisals. You
pay a deposit. They give you the appraisal number. You agree t o
it. If you do, you move forward. If you don't, you don't. So we've
been working with staff on this since September. The property's
been appraised twice since last September of 2021. And we
followed every procedure that was requested for us to follow . We
had no influence over the property one way or the other, and we're
here today.
So thank you for your time.
CHAIRMAN McDANIEL: You've a question for him?
COMMISSIONER LoCASTRO: No. I didn't know if it was
out of order to see if the staff could come to the podium and would
have anything to say because, I mean, I echo what he says. He
doesn't set the appraisal. It's the staff. So I was just curious if the
staff felt like some other -- they didn't do their homework correctly or
there's -- you know, prices have changed.
MR. ISACKSON: As Ed's coming up --
COMMISSIONER LoCASTRO: If this has merit.
MR. ISACKSON: Yeah. As Ed's coming up, let me just
suggest to the Board that the matter was reviewed by the GAC Land
Trust, approved by the GAC Land Trust. We have a professional
appraiser in our Real Estate Services Department that we use
regularly on items. So with that, let me ask Ed to fill in around the
details if he can.
CHAIRMAN McDANIEL: Just -- and, also, I spoke with the
Chair of the GAC Land Trust this morning, Jell Curl. The process
was followed. There were negotiations with the purchaser, an
increase in price along the way over and above from what was
originally negotiated. So I feel very comfortable that the process
that was initiated was ultimately followed in order to go forward on
April 12, 2022
Page 8
these transactions, so...
MR. FINN: Yes, sir. Mr. Chairman, Edward Finn, facilities
management director. The Real Properties section falls under me.
This item -- what's interesting about this item, the closure time
for these transactions is supposed to be 120 days. Staff was prepared
to close on these in early February, the first meeting in February but
for coordination with the Clerk where the Clerk asked for a little
change in procedure. Instead of doing a resolution that would allow
the Chairman to sign off on these sales administratively, the Clerk
approached us and asked that these items be presented individually to
the Board for a signature.
So, accordingly, we would have closed within 120 days. But
for that, this item would be behind us now, and we wouldn't
necessarily be dealing with it. Having said that, these items were
appraised. They were appraised in accordance with the procedure
that we've been following for many years now. This program started
with 1,061 acres. It's down to a mere 41 acres. This is truly the
back end of this -- this entire process.
The properties were reappraised in March. The difference
between the initial appraisal and the March appraisal were fairly
nominal. My professional appraisers feels that this is a
reasonable -- reasonable sales amount consistent with the program.
The program itself requires at this point the sales price to be
established at 100 percent of the appraised value.
CHAIRMAN McDANIEL: Very good. Are you satisfied?
COMMISSIONER LoCASTRO: Well, I think Commissioner
Saunders might have a question.
COMMISSIONER SAUNDERS: Just a quick question. Who
does the appraisal? You indicated it's our professional appraiser.
Who is that, and how is that appraiser -- is that a county employee
or --
April 12, 2022
Page 9
MR. FINN: Yes, sir. Leonard Roosevelt -- Roosevelt Leonard
is the appraiser. He's been on staff here for many years, 15 or 20
years. He is an integral part of every land transaction we do whether
it's buying or selling, and he is certified.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Mr. Finn, just to separate
rumor from fact, or maybe just to clarify for us. I mean, I think the
citizen that came forward, you know, I mean, dollars are dollars.
You can't dispute that. But for the sake of educating us and even the
people that are watching, when examples are given of other
properties of land, sometimes it's not apples to apples. I mean, land
is worth what somebody's willing to pay for it. So oftentimes things
sell for well above what they're actually worth because somebody
wants it. It's on a different parcel or different strip.
You know, hearing what the citizen said about other parcels of
sort of equal or similar size selling for much more -- you know, this
is your area of expertise, so that's why we've got you at the podium.
How would you respond to that? Are those parcels different in, you
know, more valuable areas, or they were probably purchased by, you
know, a personal party that didn't mind paying more for it because
they wanted it for some reason? Can you give us a little of the back
story so we know exactly what we're talking about here or no?
MR. FINN: Happy to do it. The first thing I'll say is my area
of expertise seems to be growing every day, and I appreciate the
confidence.
COMMISSIONER LoCASTRO: You're not getting a raise or
anything.
MR. FINN: No, sir. I don't anticipate a raise after today, no.
The fact is that in the appraisal business it's a pretty complicated
business. Their responsibility is to come up with a fair price, fair to
April 12, 2022
Page 10
both the buyer, the seller, and, largely speaking, the bank, if you will,
that's going to lend money on the property.
So an appraiser is always going to find a ground that they're
comfortable with from all perspectives. Some of the examples that
are cited may or may not have been closed sales; they may or may
not have been completely comparable; they may or may not have
been arm's-length transactions. There's a number of factors. The
lot that was mentioned that's a split lot, it's actually two lots that are
separated by an intervening lot. When this transaction is conducted,
there will only be one of those strip lots. They're narrow, 1.17-acre
lots. Only one of them will be conveyed for the price -- for the sale
price we're talking about. So, essentially, that -- for some reason, we
have a lot that's under a single parcel number that is split by an
intervening property, but that will be corrected once the sale is made.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I'd like to hear from our
chair -- chairman about this. I know when we buy something, we
have to get two appraisals or three appraisals when we, as a county,
buys a property. In this case what I'm understanding is that when we
go to sell and market it, we have an in-house appraiser that
establishes the price; is that correct?
MR. FINN: Yes, ma'am, that's the way the procedure
currently -- currently follows.
What's interesting about this program, unlike a typical bid
program, the combination of the agreement we have with GAC as
well as the ordinance that covers that, is this program is different in
that the sale price is established at 100 percent of the appraised value
as opposed to a bid that may be higher or frequently lower than the
appraised -- appraised value. So in that way, this program actually
protects us against a low-bid situation where we find ourselves in a
position of having to take a low bid even if the appraised value is
April 12, 2022
Page 11
higher.
So I mention that because it's a little nuance to this program
that's a little different than a typical bid situation.
COMMISSIONER TAYLOR: Especially in this day where the
transaction of property is the business that we're doing in Collier
County, and it is usually -- the purchase is usually obtained by the
highest price. So that's our conundrum here. So I'm going to turn
to our chair, whose district this is, to get his opinion. I'm forming
one, but I'm going to reserve my thoughts until I hear from you, sir.
CHAIRMAN McDANIEL: Well, I expressed my opinion at
the beginning, and that is, I spoke with the chairman of the land trust.
I spoke with our staff with regard to this transaction. I feel
comfortable that the process that is established for all of the
disposition of the assets of the GAC Land Trust wasn't violated,
wasn't adjusted, wasn't maneuvered in any way, shape, or form.
There was a twist with the Clerk bringing these things forward.
Traditionally, these transactions are taken care of almost
administratively.
I agree with Commissioner LoCastro. And, again, I'm not
practicing real estate every single day like I used to since 1984, but I
can guarantee you, you bring in three appraisers, and you 'll have
three opinions of value.
Now, I will suggest and share a secret that is out -- will be out
here in a second when I say it. And when I spoke with Jeff this
morning -- because I did receive an email from somebody -- I can't
remember necessarily who -- that suggested maybe we put the
balance of the properties that are not on the block today to be sold,
put them up in an auction format. And I like that idea. And I talked
to Jeff about that and asked that he reconvene the committee and
have a public discussion. I mean, these transactions are all done in
the Sunshine.
April 12, 2022
Page 12
COMMISSIONER TAYLOR: Of course.
CHAIRMAN McDANIEL: There is -- there were members of
the public that were there when the original offers came through.
There were members of -- there were people on the committee that
serve on the GAC Land Trust that actually were on their phones
ascertaining the values and so ons and so forth.
So with these transactions, I feel comfortable that the process
was sufficient to warrant moving forward on this particular agenda
item, as has been recommended by our staff.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: So there you are. Thank you.
MR. FINN: Thank you, sir.
CHAIRMAN McDANIEL: Yep. So with that, I'm going to
call for an approval of today's agenda as adjusted.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
today's agenda be accepted as adjusted. 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.
2A
Proposed Agenda Changes
Board of County Commissioners Meeting
April 12,2022
Continue item 9A to the April 26,2022 BCC Meeting: *** This item to be heard no sooner than 1:00 pm.
*** *** This item was continued from the March 22,2022 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)(Staffs request)
Continue item 16C3 to the April 26,2022 BCC Meeting: Recommendation to accept a donation from the
Freedom Memorial Foundation of Naples,Florida Inc., for the remaining 23 state stones and a plaque,and
to be installed at the Freedom Memorial site. (District 4) (Commissioner Taylor's request)
Continue item 16F2 to the April 26,2022 BCC Meeting: Recommendation to approve the change of the
Tourism Development Tax Grant deadline from April 12,2022 to April 29,2022 at 5 pm. (All Districts)
(Commissioner Taylor's request)
Note:
Time Certain Items:
Item 13A to be heard at 10:00 AM or immediately following the Court Reporter Break—Presentation of
the Comprehensive Annual Financial Report(CAFR) for FY21.
Item 12B to be heard at 10:30 AM—Special Magistrate submittals.
4/13/2022 11:21 AM
April 12, 2022
Page 13
Item #2B and #2C
BCC JOINT WORKSHOP MINUTES FROM MARCH 1, 2022,
AND THE BCC REGULAR MEETING MINUTES FROM
MARCH 8, 2022 – APPROVED
CHAIRMAN McDANIEL: How about the minutes from
our -- we need to -- speaking of pay adjustments, I need to get
somebody from IT up here to work on this thing.
The minutes -- and I lost the date from the minutes that we need
to do.
COMMISSIONER SAUNDERS: March 8th, 2022.
COMMISSIONER TAYLOR: March 8th, yep, and March 1st,
BCC joint workshop meeting.
CHAIRMAN McDANIEL: My computer, every time I plug
into the county system, adjusts to what -- after I set my
parameters -- because I don't want it to shut off, and here it is. So I
have to then remember my pass code. So approval of the minutes
from our two previous meetings, since I can't remember what they
are.
COMMISSIONER TAYLOR: So move.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve our minutes from our two previous meetings. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
April 12, 2022
Page 14
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Now, Commissioner Taylor.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A – Read into the record by Commissioner Taylor
PROCLAMATION REMEMBERING AND HONORING PASTOR
LONNIE MILLS FOR THE CONTRIBUTIONS HE MADE
THROUGHOUT HIS LIFETIME TO HIS FAMILY, CHURCH,
AND COMMUNITY. ACCEPTED BY PASTOR MILLS' SON,
CLARENCE MILLS – ADOPTED
COMMISSIONER TAYLOR: Before we start, I would
like -- and I'm not going to ask you to keep standing, but I would like
everyone who is from the Macedonia Missionary Baptist Church or
affiliated with Pastor Mills to please stand up.
Thank you. You don't have to remain standing. I just
wanted --
CHAIRMAN McDANIEL: Thank you, all. Thank you, all,
for coming, and Commissioner Taylor for organizing this.
And at this time I'm going to ask our audience to rise again, and
I'm going to call upon there -- everyone rising again, we're going to
ask for our Honor Guard to come forward again, please.
Commissioner Taylor, if you would, please, read the
proclamation.
April 12, 2022
Page 15
COMMISSIONER TAYLOR: Whereas, Collier County and its
residents have lost a beloved, devoted member of our community
with the passing of Pastor Lonnie Mills; and,
Whereas, Lonnie Mills diligently, reverently, and
comprehensively served the Macedonia Missionary Baptist Church in
Collier County for nearly a decade providing leadership, caring
comfort, and love to his congregation and his community; and,
Whereas, Pastor Mills faithfully served as chaplain of the Naples
Police Department for many years and brought wisdom and comfort
to the community during such events as the Collier County Sheriff's
Office law enforcement Memorial Service honoring local fallen
officers; and,
Whereas, Pastor Mills wholly supported the Collier County
NAACP and served on the NAACP Spiritual AIMS Committee while
building and supporting important relationships in our community;
and,
Whereas, although faced with multiple health challenges last
year, Pastor Mills never retired from his profession or his calling to
help others. He continued working and serving with diligence and
kindness to achieve his goals; and,
Whereas, along with his family and his church we mourn his
passing and offer our deepest condolences.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that we remember and
honor Pastor Lonnie Mills for the contributions he made throughout
his lifetime to his family, his church, and his community. He served
selflessly and had an impact for good. We recognize and celebrate
his loving, lasting difference he made in many, many lives. Thank
you.
CHAIRMAN McDANIEL: If the members of the family and
the church would please join us up front, we have some photos to
April 12, 2022
Page 16
take.
THE PHOTOGRAPHER: Remember, if you can't see the
camera...
(Applause.)
CHAIRMAN McDANIEL: The honor guard may now retire,
please.
And the audience, you may now be seated. You may be seated.
One of the pastors has a few words.
MR. MILLS: Good morning. I'm Clarence Mills. I'm Pastor
Mills' oldest son.
I'd just like to say on behalf of my mother, Josie Mills, in her
absence, we do thank you, the Collier County as a whole, for what
you have shown towards our family in our time of need. We do
appreciate and we remember the passing of my dad. We will forever
be grateful, and we love you all.
CHAIRMAN McDANIEL: Thank you. Thank you very
much.
(Applause.)
CHAIRMAN McDANIEL: Pastor.
DR. PHIPPS: I know you all were getting ready to leave.
CHAIRMAN McDANIEL: And before you all go I do have
one statement that I'd like to make before you all leave, so please,
Pastor.
REVEREND PHIPPS: Hi. I'm Reverend Phipps. And I just
want to say that Reverend Mills, I was not a member of his church,
but he was a very good friend. Like I said, he was part of the team,
the pastors that ordained me, and every time I saw him, I used to say,
man, when I grow up, I want to be just like you. He was the sharpest
dresser.
I was -- before my position that I am in now was principal at
Shadowlawn Elementary, and Pastor Mills and Sister Mills were
April 12, 2022
Page 17
volunteers at my school. Really it was Sister Mills, but Pastor Mills
would come out there to check on her. And while he was there, I put
him to work. And he was a member of my school advisory council.
He was a great man as well as the family, and the family of
Macedonia Missionary Baptist Church tell you that he was a great
man. We love him. We're going to miss him, but we know where
he's at.
Amen. Thank you for giving me the time.
CHAIRMAN McDANIEL: Pastor, thank you.
(Applause.)
CHAIRMAN McDANIEL: And the statement that I'm going to
make -- and it's -- you know, people come and go from our world
every single day, and I'm going to ask for patience of humanity
because you don't know what's going on in somebody else's life every
single day.
Today is the anniversary of my father's passing nine years ago.
Yesterday was the anniversary of my sister's six-month departure
from this earth. And one of the things, as the pastor said that I said
in my sister's eulogy was that she's in a better place. We all know
where they're going. So the mourning is for the loss of this life, but
the rejoicing is for the giving of the next.
So to that end, thank you all very much for coming, those that
participated. Our sheriff's Honor Guard needs a round of applause,
please.
(Applause.)
CHAIRMAN McDANIEL: And with that -- are we good?
And the proclamation.
COMMISSIONER TAYLOR: You have it. Yeah, a minor
thing.
CHAIRMAN McDANIEL: Just a minor thing.
Thank you. It was read. We're going to do a quick pic.
April 12, 2022
Page 18
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Turn around and smile at the lady
with the camera.
Thank you, all. Thank you all very much. Thank you for
reminding me.
(Applause.)
CHAIRMAN McDANIEL: And we'll give those folks a
moment to clear out, and then we'll move into our next -- our next
round of -- I believe we have a special employee we're going to
honor.
MR. ISACKSON: Employee of the Month, sir, yes.
CHAIRMAN McDANIEL: Here we go. Do you want to go
ahead and call it out?
MR. ISACKSON: I'll do that.
Item #3D
RECOGNIZING MARIANA ST. SURIN, IN THE RISK
MANAGEMENT DIVISION, AS THE MARCH 2022 EMPLOYEE
OF THE MONTH – PRESENTED
MR. ISACKSON: Commissioners, under Item 3, 3D is your
Employee of the Month for March of 2022, Mariana St. Surin in our
Risk Management Division. If Mariana could come forward, please.
(Applause.)
MR. ISACKSON: While Mariana's coming forward, I will
read some information on Mariana.
COMMISSIONER TAYLOR: You've got to stand front and
center.
MR. ISACKSON: She provides benefit and support and
guidance to the employees of the Board of County Commissioners as
April 12, 2022
Page 19
well as other agencies, including The Clerk of the Courts, Tax
Collector, Property Appraiser, and Supervisor of Elections. Since
starting with the county, she has worked diligently on expanding her
knowledge of the county benefit program and transitioning from
providing support to taking more ownership of the groups' insurance
and short- and long-term disability programs.
Mariana's top priority is customer service whether it's tasks like
helping someone file a healthy buck [sic] claim to more complex
issues, she treats every person like they are her only focus. These
interactions can be sensitive and even emotional in nature, but she is
dedicated to serving the county employees. She consistently goes
the extra mile for her customers listening, making special
arrangements, and even staying late when needed.
In addition to her regular responsibilities, Mariana led the open
enrollment process this past year for approximately 2,400 employees
across five agencies. This annual process kicked off in June 2021
and took seven months to complete. The part of open enrollment
that employees see is a small fraction of all the effort required behind
the scenes to prepare for this critical annual process that has an
impact for so many.
Mariana handled every detail, including coordinating with
internal service partners on the website, ensuring system readiness,
creating communication flyers and the mailers with the program
information that were sent to participants, and making sure the
benefit changes were in place ahead of the start of the new plan year.
All of these tasks combined resulted in a successful open enrollment
for 2021.
Mariana provides invaluable service to the benefits office and its
customers, is dedicated to the meeting of the needs of the county
while continually exceeding expectations.
It is for these reasons that she was selected as the March 2022
April 12, 2022
Page 20
Employee of the Month.
(Applause.)
CHAIRMAN McDANIEL: And well deserved. Are you the
reason I have to go give blood and get all that?
MS. ST. SURIN: That's Jeff.
CHAIRMAN McDANIEL: Oh, we're going to blame him?
COMMISSIONER LoCASTRO: Are you passing the buck
already? What? Jeff?
CHAIRMAN McDANIEL: She got the check and is blaming
you.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING APRIL 10 - 16, 2022, AS THE
39TH ANNIVERSARY OF KNOW YOUR COUNTY
GOVERNMENT WEEK IN COLLIER COUNTY. ACCEPTED BY
STUDENTS FROM BARRON COLLIER, GOLDEN GATE, LELY,
AND NAPLES HIGH SCHOOLS – ADOPTED
MR. ISACKSON: Commissioners, that brings you to Item 4B,
your proclamations. Proclamation 4B designates April 10 to
April 16, 2022, as the 39th anniversary of Know Your County
Government Week in Collier County. To be accepted by the
students from Barron Collier, Golden Gate, Lely, and Naples High
Schools.
CHAIRMAN McDANIEL: Come on up, a whole pile of you.
(Applause.)
MR. ISACKSON: I will say, Commissioners, that I had the
opportunity to speak with these folks ahead of time and, actually,
there were substantial questions that were asked of the County
April 12, 2022
Page 21
Manager, which was very nice, so...
(Applause.)
CHAIRMAN McDANIEL: And we're going to -- are you folks
going to be the ones we're having lunch with today?
UNIDENTIFIED SPEAKER: Yes.
CHAIRMAN McDANIEL: Outstanding. Outstanding.
Item #4C
PROCLAMATION DESIGNATING APRIL 23 - 30, 2022, AS
PICKLEBALL WEEK IN COLLIER COUNTY. THE
PROCLAMATION WAS MAILED TO TERRI GRAHAM, CO-
FOUNDER OF MINTO US OPEN PICKLEBALL
CHAMPIONSHIPS – ADOPTED
MR. ISACKSON: Commissioners, Proclamation 4C
designates April 20 to April 30, 2022, as Pickleball Week in Collier
County. This proclamation will be mailed to Terri Graham,
cofounder of Minto U.S. Open Pickleball Championships.
CHAIRMAN McDANIEL: Yes. And we already have mailed
it. So I have a copy of it.
COMMISSIONER LoCASTRO: Only a week? Pickleball
Week?
COMMISSIONER TAYLOR: It starts on Friday.
COMMISSIONER LoCASTRO: A week?
CHAIRMAN McDANIEL: It goes forever. It goes forever.
Item #4D
PROCLAMATION DESIGNATING SATURDAY, APRIL 23,
2022, AS "TRY TRANSIT DAY" IN COLLIER COUNTY BY
April 12, 2022
Page 22
OFFERING FREE RIDES TO PROMOTE PUBLIC
TRANSPORTATION AS AN ALTERNATIVE MEANS OF
TRANSPORTATION IN COLLIER COUNTY IN HONOR OF
EARTH DAY. ACCEPTED BY TRINITY SCOTT, DEPARTMENT
HEAD, TRANSPORTATION MANAGEMENT SERVICES,
MICHELLE ARNOLD, DIVISION DIRECTOR, OMAR DELEON,
PUBLIC TRANSIT MANAGER, AND STAFF MEMBERS OF
PUBLIC TRANSIT AND NEIGHBORHOOD ENHANCEMENT –
ADOPTED
MR. ISACKSON: Proclamation 4D designates Saturday,
April 23rd, 2022, as Transit -- Try Transit Day, excuse me, in Collier
County by offering free rides to promote public transportation as an
alternative means of transportation in Collier County in honor of
Earth Day. To be accepted by Trinity Scott, your department head
for the Transportation Management Services Department; Michelle
Arnold, division director; Omar DeLeon, Public Transit manager; and
staff members of the Public Transit and Neighborhood Enhancement
Division.
CHAIRMAN McDANIEL: What day is it that it's free rides?
MS. ARNOLD: Saturday the 23rd.
MR. ISACKSON: Saturday, April 23rd.
CHAIRMAN McDANIEL: Mark didn't want to tell anybody
because it's going to cost us a bunch of money.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING APRIL 2022 AS SEXUAL
ASSAULT AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY EILEEN WESLEY, CEO, PROJECT HELP, INC.
April 12, 2022
Page 23
- ADOPTED
MR. ISACKSON: Commissioners, Proclamation 4E designates
April 2022 as Sexual Assault Awareness Month in Collier County.
To be accepted by Eileen Wesley, CEO, Project Help, Incorporated.
(Applause.)
MS. WESLEY: Well, good morning, and thank you so much,
Commissioners, for always hearing about our mission and supporting
our mission and understanding our mission. And to everybody in
the room, my name is Eileen Wesley. I'm the chief executive officer
of Project Help, which is the Rape Recovery and Victim Service
Center. We have been in Collier County since 1986 serving all
victims of crime, but this month, in particular, is Sexual Assault
Awareness Month, and we celebrate the hard work that we do. We
celebrate our law enforcement. We celebrate our State Attorney's
Office to bring justice for someone who has had something terrible
happen to them in their lives.
At Project Help, we've an in-house forensic facility where, when
a sexual assault occurs in Collier County, law enforcement or the
victim themselves can call our helpline and bring the victim, or the
victim comes in for a forensic exam. And if you don't know what a
forensic exam is, it is a collection of evidence to help law
enforcement procure DNA for identifying the perpetrator of the
sexual assault. We offer services to someone who has been recently
sexually assaulted or has had sexual violence affect them in their
lifetime.
So it's not a one-time current type of a crime that we serve. We
serve a lifetime of trauma that know some has occurred [sic], whether
it's today or 30 years ago, it doesn't matter. We want to help our
community.
And with the support of our County Commissioners and our law
April 12, 2022
Page 24
enforcement and our local supporters, we're able to serve almost 300
new clients every month in our facility. I'm very proud. Those are
part -- my staff is all up front, and each one of them work diligently
to help people who are going through traumatic events.
Right now we have a -- just recently placed an advocate in the
state -- in the Naples Police Department so they can actually go out
on scene with them, and we're extremely proud of that. We do the
sudden-death notification for Naples Police Department as well as
sexual violence and other crimes.
For Collier County, meaning Marco, Naples, Naples City,
Golden Gate, Golden Gate Estates, we're everybody's sexual assault
advocate from the ages of 12 and up. We work very closely with the
children's advocacy center to make sure that all people of any age get
the services that they need.
So I want to thank you so much for this honor and to be able to
stand up here and bring to our community the awareness of sexual
violence and how we should all work together to end sexual violence.
So thank you very much.
CHAIRMAN McDANIEL: Before you go away -- don't go
away. I've -- I have a couple of comments up here, so...
Commissioner Saunders.
COMMISSIONER SAUNDERS: For me this is sort of like
deja vu all over again. And this will date me, but I remember Beth
Canacky back in 1986 when this organization was getting started, and
I've got a photograph on my wall in the office with then Governor
Lawton Chiles, and he's signing a bill. That was the first bill I ever
filed in the legislature was a bill -- back in those days, a victim of
rape showing up at the hospital had to pay $25 for the rape kit, which
was outrageous because that's the collection of evidence, and no one
pays a fee. If a deputy comes to your house, you've been robbed,
and they take fingerprints, they don't charge you for taking the
April 12, 2022
Page 25
fingerprints and stuff like that.
So this was just the beginning of a long process to eliminate a
lot of the discrimination against women that were victims of rape.
So that was my very first bill, and it's a pleasure to see you this
morning. I think I was on your --
MS. WESLEY: You were on our board.
COMMISSIONER SAUNDERS: For, like, 20 years or so.
No one would let me get off the board.
MS. WESLEY: Yep. We'd like you back.
COMMISSIONER SAUNDERS: Well, that's one of the
reasons why I brought this up is I'm volunteering to be back if you
still need that.
(Applause.)
COMMISSIONER SAUNDERS: I'd be happy to do that. But
it's a great organization, and it's wonderful to see you here today.
MS. WESLEY: Good to see you, too. You've always been a
big supporter of ours. We had a big 30th anniversary when Project
Help became 30, and Commissioner Saunders came and celebrated
with us over at Raymond James' kitchen or something James kitchen
center, and we had a really nice event, and it was really great to see
you there, one of our original board members. So we're really
excited about that.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Man, Commissioner
Saunders is really dating himself. 1986? For the students in the
audience, that was before the Internet, cell phones. It goes way
back. I think I was four at the time.
COMMISSIONER SAUNDERS: Just so everyone
understands, I was 13 years old.
COMMISSIONER LoCASTRO: No, what I did want to say,
first of all, congratulations but, more importantly, thank you. But I
April 12, 2022
Page 26
did really want to make this statement for whoever's in the room and
whoever's watching. On social media I've seen every once in a
while when we have these meeting and we give out proclamations,
you get a few people that chime in and say, oh, what a waste of time
and, oh, those stupid commissioners, and, oh, they just give out
awards to a bunch of folks.
That's not what's happening here. You actually summed it up,
you know, perfectly, Eileen, by saying, it's about bringing awareness
to important things that are happening in the community. I don't
think the big thing we did today was give you a piece of paper in a
very inexpensive taxpayer frame. What we did was gave you a
platform but, more importantly, recognized great work that your
organization and everybody that were here that recognizes.
So it really disappoints me when I see folks chime in, and it's
usually on the Collier County Instagram page where they post all
these photos, and then, you know, some of us chime in and say, great
job, so proud of you, it was a great day. And then 99 percent of the
comments are great. But I'm also so disappointed when a citizen
doesn't, sort of, get it.
This wasn't an awards ceremony. It was highlighting an
organization that maybe a lot of people don't know about but does
amazing work every day and touches so many lives. So, you know,
whether it's you or St. Matthew's House or Wounded Warriors or,
you know, our Sheriff's Office, we're not giving out awards here.
This isn't the Oscars. This is about us putting a -- shining a light on
an organization that does amazing things every day that maybe
people -- the average person doesn't know about.
So even if a few people on Instagram say, wow, I never heard of
that organization, neat, and it drives one volunteer, maybe, to your
organization or, maybe more importantly, somebody that needs your
support, then -- you know, then we've done our job here.
April 12, 2022
Page 27
And, you know, I would say to those people that are also
watching and think this is all we do, stay tuned, because for the next
10 hours, we're going to actually be doing -- you know, continuing to
do the work of the county. So this wasn't it. We don't all go home
after the frames are passed out.
But thank you so much for what you do, whether you're being
recognized or not, and I think we would all agree we woul d say the
same thing to all the other organizations that come here. It's not a
photo op. It's not a piece of paper in a frame. It's about thanking
you and spotlighting the amazing work you do in our community and
how important and required it is. And if not you, who would be
doing it, right?
MS. WESLEY: Right.
COMMISSIONER LoCASTRO: So thank you so much.
MS. WESLEY: Thank you. I appreciate that.
(Applause.)
CHAIRMAN McDANIEL: One last thing. If you haven't had
an opportunity, go visit their facilities, go meet with the staff, talk to
them about what they do do all day every day and the assistance that
they do, in fact, provide to our community, so -- and that's my little
accolade. Thank you.
MS. WESLEY: I thank you. You've always been a huge
supporter of ours.
CHAIRMAN McDANIEL: Yes, ma'am.
MS. WESLEY: I really appreciate you. Can I mention one
last thing?
CHAIRMAN McDANIEL: Sure.
MS. WESLEY: April 27th at Baker Park we're holding an
event --
CHAIRMAN McDANIEL: Stay on the microphone, please.
MS. WESLEY: We're holding an event on April 27th at Baker
April 12, 2022
Page 28
Park starting at 5:00 honoring all victims of crime. It's National
Crime Victims' Rights Week, so we have picked April 27th to honor.
We have the chief from Marco and Naples a nd the Sheriff are coming
to speak, and our big emcee of the evening is Rich Montecalvo from
the State Attorney's Office. And I would love to invite the whole
audience. It's going to be a really nice event. We have face
painting. We have kindness rock making. We have just unity, you
know, and that's what we're all about is it takes a village to heal an
individual who's been harmed, and this is one of the ways we want to
help start that healing process.
So, thank you, again.
CHAIRMAN McDANIEL: Thank you, Ms. Eileen. Thank
you very much. Thank you, all.
(Applause.)
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR APRIL 2022 TO GOLISANO CHILDREN'S
MUSEUM OF NAPLES. THE AWARD WAS ACCEPTED BY
JONATHAN FOERSTER, CHIEF EXECUTIVE OFFICER. ALSO
PRESENT IS BETHANY SAWYER, VICE PRESIDENT OF
MEMBERSHIP, THE GREATER NAPLES CHAMBER OF
COMMERCE – PRESENTED
MR. ISACKSON: Commissioners, Item 5, 5A is a presentation
of the Collier County Business of the Month for April 2022 to
Golisano Children's Museum of Naples. The award to be accepted
by Jonathan Foerster, chief executive officer. Also present is
Bethany Sawyer, vice president of membership of the Greater Naples
Chamber of Commerce, and I see Mike Dalby also sneaking in. He's
April 12, 2022
Page 29
never on my -- never on my list here, but -- who is your CEO of the
Naples Chamber of Commerce.
CHAIRMAN McDANIEL: Do you want to say anything?
MR. FOERSTER: Yes, if you've got a second.
CHAIRMAN McDANIEL: I do.
MR. FOERSTER: Thank you, everybody. John Foerster. I'm
the CEO of the Golisano Children's Museum of Naples for about
eight weeks now, so I'm still getting my feet w et a little bit.
I just want to say thank you on behalf of our team, our board,
our volunteers, and our -- most importantly, our participants, the
people that come there to the county for their long-time partnership
with the museum.
As you know, we wouldn't be where we are, literally, without
you. And so we're grateful for that partnership to be part of North
Collier Regional Park, to be another asset in the community for the
children.
You know, people think of Southwest Florida as a place for
retirees and people who maybe wouldn't have a lot of use for a
children's museum. Ten years ago, you guys -- or 11-ish years ago
you guys took a risk with us and said, you know what, this is a
needed thing. We've been open for 10 years now, and we've had
1.2 million people through our doors.
So I think it proves that there are a lot of children and families in
our community that are looking for outlets for educational play,
looking to just have a great time together, build those bonds,
strengthen those bonds of family. We're a place where parents and
kids play together without their screens, without their phones. They
learn through experimentation and through just really being together
as a unit. And, you know, I think in our time, we want to promote
strong families. The children's museum is a place that promotes
strong families. And so I really am just grateful for your support, for
April 12, 2022
Page 30
the entire community's support, and thank you so much.
CHAIRMAN McDANIEL: Thank you, Jonathan. Appreciate
you coming today.
MR. FOERSTER: Of course. Thank you.
(Applause.)
CHAIRMAN McDANIEL: Now, before we move on to the
balance of our business, I'm going to call for a motion for the
acceptance of the proclamations presented today.
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we -- where's our lunch date going?
UNIDENTIFIED SPEAKER: We're seeing Judge Crown.
We'll be back.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
CHAIRMAN McDANIEL: Oh, okay, okay, okay. Good.
It's been moved and seconded that we accept the proclamations
that were presented today. 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.)
April 12, 2022
Page 31
CHAIRMAN McDANIEL: So moved.
• Added
PRESENTATION OF THE ARTIST OF THE MONTH –
MICHELLE TRICCA
Sorry, Michelle. I was going to -- I was going to -- I'm going to
now go to the announcement of the Artist of the Month -- Artist of
the Month. So if you would, please, Michelle, I would -- I didn't
realize their exit was going to transpire at that time, so...
MS. TRICCA: That's okay. We're being recorded. Thank
you.
CHAIRMAN McDANIEL: Thank you.
MS. TRICCA: Michelle Tricca. I'm a portrait photographer
here in Naples, and this work is an exhibit. It's a -- excuse me -- a
selection of work from my Florida Cowboys project, which I
photographed in early 2020 just about quarantine.
I documented a crew of cowboys and cowgirls during marking
and branding season at Half Circle L Ranch in Immokalee.
Last year, Florida celebrated its 500th year of being American's
first cattle and cowboy state. In 1521, Juan Ponce DeLeon brought
cattle to Florida. Florida still maintains a vibrant and prolific
ranching cultural which, unfortunately, gets overshadowed by
Mickey Mouse, golf, and commercialized beach vacations.
In honor of this anniversary, I had an exhibition of this work at
Mercado last year. It was amazing how many people said things
like, where are these photographs from; Texas? As our state
undergoes this period of heavy development, it's important to respect
and remember Florida's original way of life. That juicy steak you
enjoyed for dinner, thank a cowboy, though cowboy life goes depths
April 12, 2022
Page 32
beyond galloping on a horse and wrangling cattle. They're also
stewards of the land.
I have business cards back there. If anyone wants to talk about
the work, you are welcome to contact me at any time. Thank you.
CHAIRMAN McDANIEL: Thank you, Michelle. It's some
fine -- some fine photography, by the way. And, folks, if you have a
moment, please take some time during one of our breaks and go
peruse.
MR. ISACKSON: Commissioners, I'm looking at the clock.
Maybe we can squeeze maybe 10B in there before our time-certain.
10B is a recommendation to appoint two commissioners --
CHAIRMAN McDANIEL: Before we go, do we have any
petitions -- or public speakers on items not on today's agenda?
MR. MILLER: Yes, sir, we have three.
CHAIRMAN McDANIEL: Okay.
MR. ISACKSON: Thank you.
CHAIRMAN McDANIEL: We have -- that's three minutes.
That's 10 minutes. That will take us to 10 after. So let's go ahead
and do those first, and then we'll -- and if -- yes, that's what we'll do
first.
MR. MILLER: Yes, sir. Your first speaker is Nancy Lewis,
and she will be followed by Bebe Kanter.
MS. LEWIS: Good morning.
CHAIRMAN McDANIEL: Good morning.
MS. LEWIS: Commissioner McDaniel, other commissioners,
for the record, my name is Nancy Lewis, and I am a resident of North
Naples District 2.
This morning, I would like to make a statement in favor of
housing that is affordable for those workers and employees who
make 30- to $50,000 a year. This needs to be addressed because
these workers simply cannot afford to pay 2- to $3,000 a month.
April 12, 2022
Page 33
I believe the Board of County Commissioners might find it
instructive to listen to a few moments from last week's Planning
Commission meeting during their Housing 101 discussion with Jacob
LaRow.
(A video was played as follows:)
CHAIRMAN FRYER: Unfortunately, it's so easy for
developers to circumvent any requirements that -- all it is is a right of
first refusal. And if you make the right of first refusal at market
rates and you hold it off for 30 or 45 days, that's your only penalty
that you held it off the market, and that is not going to help
necessarily --
COMMISSIONER FRY: That's not affordable housing.
CHAIRMAN FRYER: No, it's not. It's really illusory.
(The video concluded.)
MS. LEWIS: Thank you.
The ordinance being referred to in that discussion was Allura.
In an excerpt from the Naples Daily News article regarding the
unanimous approval of Allura, it stated, quote, it has to stay available
until you find someone, unquote, said Rich Yovanovich, land-use
attorney who represents the developer.
Affordable housing is an illusion in Collier County. Projects
like Allura, Bristol Pines, Courthouse Shadows, and others are
illusory. These developments were given bonus densities and other
exemptions, but they are not enforceable. The ordinances were
written by the developer's land-use attorney without penalty. The
illusion of providing affordable housing but, in effect, giving
developers significant density needs to stop.
Thank you.
MR. MILLER: Your next speaker is Bebe Kanter. She will be
followed by Elizabeth Raddy.
MS. KANTER: Hi, my name is Bebe Kanter. I live at 5960
April 12, 2022
Page 34
Pelican Bay Boulevard, 34108.
I'm here to speak about two things. One, I guess, has been off
the agenda, and I just wanted to say that I think that a vote of
confidence that the Board is committed to affordable housing and
making life easier for the workers would be to, when it comes up,
unanimously approve advanced notice of rent increases for monthly
renters. It really -- it will give people a lot of comfort and doesn't
really change what's going to happen. So that's A, because I think
that the landlords can fill their apartments if people decide they don't
want to stay.
And number two is, I think it's No. 9 on the agenda. There's
a -- I don't really understand it, so I'm going to stay and maybe make
another comment. But I am -- I have publicized all over that I'm in
favor of increased densities for affordable housing; however, I see
there's a little thing that says it's also going to happen in the rural land
districts, and so I'm going to ask that is removed because you don't
have to put it all in one place. Just do where -- I would say,
east -- west of Collier is as far as the residential land uses should go.
So everybody, I think when you get to that discussion -- have you
seen that it says rural land uses, too? So that shouldn't be in there,
because then we're into panther territory. And I just saw the
ordinance today, so I may be mistaken. Maybe the lawyer could
address that.
CHAIRMAN McDANIEL: We don't address questions --
MS. KANTER: Oh, I know, but maybe you guys could discuss
it.
CHAIRMAN McDANIEL: If you wish to have an answer to a
question, send me an email, and I'll be happy to, but this is not the
format for questioning of our staff.
MS. KANTER: I understand that. Maybe you guys could ask
and clarify that during -- nobody ever answers me, by the way.
April 12, 2022
Page 35
Thank you.
CHAIRMAN McDANIEL: I will if you send me an email.
MS. KANTER: Okay.
MR. MILLER: Mr. Chair, your final registered speaker for this
item is online, Elizabeth Raddy.
Elizabeth, you're being prompted to unmute yourself. If you'll
do so at this time. I see you're there, Elizabeth. You have three
minutes.
MS. RADDY: Thank you. Hi. Am I on? Because it just
went black on me.
MR. MILLER: Yeah, you're on.
MS. RADDY: All right. Sorry.
Thank you for your time. I just wanted to mention, yes, there
was something that I thought was going to be on the agenda but was
not. But on March 25th of 2022, Miami-Dade County BCC passed a
new ordinance that requires landlords to give residential tenants at
least 60 days written notice when increasing rent by more than
5 percent, terminating non-lease renewals, and month to month.
There's a lot that protects a landlord and very little that protects
a tenant. Landlords have the upper hand and, in their own way,
eliminating one's right to a home by freely raising the rent with full
knowledge that their tenants can't afford it and, in most cases,
nowhere to go.
The least our county can mandate is time for those who are
already suffering and paying the ultimate price for this crisis. We
hear a lot about rent caps and 60-day notices that would adversely
affect landlords, but yet they aren't the ones that are losing jobs,
leaving their schools, and losing their communities. They
can -- they can no longer just move to Fort Myers, Cape Coral,
Lehigh. The same problems are there, too. These people are
having literally to relocate out of state.
April 12, 2022
Page 36
I'm seeing it all over our feed where landlords are giving 14
days' notice, maybe 30 days' notice. When you're having to come up
with triple the amount, first, last, security of a four -- 3- or $4,000
rental or you're having to prove that you make three times the
monthly income to -- for a 3- or $4,000 home or apartment, it's
becoming almost impossible.
People are having to try and figure out and scramble. They're
ending up on people's couches, ending up just homeless, and it's
becoming, like, tragic at this point.
We have the ability here, like other counties have done, to give
them a little bit of reprieve, to help our tenants. It's just something
that really needs to be done. Most leases will require you to give 60
days' notice. So there is absolutely no reason why we can't require
landlords to do the same. It's mutual respect.
It is -- I've seen on news feeds and different feeds where people
just -- these landlords, we can't leave it up to them to choose to do the
right thing because many of them don't. I am thankful and blessed
that my place that I live allows me to --
CHAIRMAN McDANIEL: What's her name?
MS. RADDY: -- give me a 60-day notice.
MR. MILLER: Elizabeth.
CHAIRMAN McDANIEL: Elizabeth, thank you. You're not
privy to the clock that's gone off, but your three minutes are over.
Thank you for your comments.
MS. RADDY: Oh, yeah. (Unintelligible) sorry.
CHAIRMAN McDANIEL: Yes, ma'am.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
April 12, 2022
Page 37
MR. MILLER: And that was your final public speaker under
Item 7, sir.
CHAIRMAN McDANIEL: Okay. Commissioner Saunders,
you have a comment? Question?
COMMISSIONER SAUNDERS: Two questions for the
County Attorney. First in reference to the comment by Nancy Lewis
in terms of the affordable housing requirements being illusory. I
know that at one point in time there was an issue with that, and I
think we changed things, and I just need clarification, that those
affordable housing units have to be held out as affordable for, I think,
a 30-year period. But can you address that issue?
MR. KLATZKOW: It depends when they went through the
system. A common feature of the program is that they have to hold
the apartment open for, let's say, 90 days, and if they can't find an
applicant in 90 days, then they're free to rent to anybody else. But
most of those you're not getting a discount -- a discounted rate.
Most of them are set up to give preferences to firemen, sheriffs,
nursing, and that type.
As far as the ones that are -- where you bifurcate the residence
so it's, like, 10 percent affordable housing units, those are affordable
housing units. Now, whether or not they're being used that way,
that's an enforcement issue for staff.
COMMISSIONER SAUNDERS: That would be a code
violation if the units --
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: -- additional density was
provided.
MR. KLATZKOW: Yes. But we don't knock on doors asking
tenants how much they're paying for what they're doing or what have
you.
April 12, 2022
Page 38
COMMISSIONER SAUNDERS: So it's an enforcement issue
that we may have to take up at some point, then. But the point is
that on those houses or those projects where additional density is
provided, the affordability is not an illusion, but there's a requirement
that it be held that way for the duration of that time period?
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: Okay. Because I wanted to
make sure if that wasn't the case, that we need to fix that problem.
MR. KLATZKOW: No, that's not the issue. The issue may be
enforcement, but -- what was spoken about is not the issue.
COMMISSIONER SAUNDERS: All right. Second question.
In reference to notice to tenants, I think that's probably a good idea.
Now, Dade County is a special county. They're set up in the
Constitution, so they have certain powers that other counties, whethe r
they're charter counties or not -- not charter counties don't have that
same type of authority. Do we have the ability to -- under Florida
law to require certain provisions in a landlord/tenant agreement? I
don't expect an answer now.
MR. KLATZKOW: I can give you the answer, because I've
looked into it. Yes, we could adopt the Miami-Dade model if the
Board is so inclined. I've spoken with staff about that. The concern
we have is how do you enforce it. I don't know -- bringing a
landlord into the Code Enforcement Board saying that you were
supposed to give 60 days' notice, your tenant said you only gave a
40-day notice, and -- well, I really didn't -- I don't know how you do
that. But other than the enforcement, yes.
COMMISSIONER SAUNDERS: Notice would have to be in
writing, so there would have to be a record of it.
MR. KLATZKOW: Sir, I concur. We can do it. The issue is,
how are we going to enforce it?
COMMISSIONER SAUNDERS: Understood. So I'd like to
April 12, 2022
Page 39
have the Commission -- if the Commission's agreeable, to at least
have the County Attorney take a look at that issue, because I think it's
reasonable. If you're in an apartment barely making it and on, you
know, two days before your next rent payment -- your last rent
payment is -- they notify you that it's going to be a thousand-dollar
increase, then you're really left out in the cold, so...
MR. KLATZKOW: I can advertise and bring back our
ordinance for your next meeting if you want.
COMMISSIONER SAUNDERS: Just a question of whether
the Board would be interested in considering something like that.
CHAIRMAN McDANIEL: Give a look at it.
COMMISSIONER LoCASTRO: Can I say something?
MR. KLATZKOW: What the ordinance says is that a landlord
has to give 60 days' notice in advance of any rental increase over a
certain percentage. Let's say it's 5 percent.
COMMISSIONER SAUNDERS: I would suggest that we not
advertise anything but come back on an agenda item with an
ordinance that does that, and then we can decide whether we want to
advertise it.
MR. KLATZKOW: I will bring back the Miami-Dade
ordinance.
CHAIRMAN McDANIEL: It's an executive summary in
conjunction with an adjustment to our LDC as our normal process.
MR. KLATZKOW: Not an LDC issue. It would be a plain
ordinary ordinance. I'd be happy to bring it.
CHAIRMAN McDANIEL: Commissioner LoCastro and then
Commissioner Taylor.
COMMISSIONER LoCASTRO: Okay. Let me just separate
rumor from fact for everyone and catch everyone up.
So last Monday we had our last Affordable Housing Advisory
Committee meeting, and several of the homework assignments that
April 12, 2022
Page 40
have been talked about in this room are already in play. So it was
brought up about what happened in Miami-Dade and Jake LaRow,
who obviously heads our Housing Department and does a great job,
took that as a homework assignment -- maybe that's why there's
already been conversations with the County Attorney -- and he owes
us back a presentation or recommendation or, you know, all of the
above on how that could be done.
As far as the apartment complexes, it's an issue that we've talked
about at our last couple of meetings, because it's a big one and,
actually, it could uncover a really big problem.
The first thing I'll say is every contract that was approved by this
board over many -- over the last something years are all different.
Some had affordable housing, you know, with a 20 percent
percentage, 30 percent, some of them talked about first responders
and teachers, others talked about AMI and how it would affect rent.
So they were all a little bit different. They're all a little bit of a
different flavor because each housing complex is a little bit different.
What I asked as the commissioner chair at a couple of
Affordable Housing Advisory Committee meetings ago was what do
we do in the county to make sure the developers that got that benefit,
the increased density by promising they would have an affordable
housing piece -- and, like I said, many of them are different flavors
and colors -- how do we enforce that? Jake and his team said they
periodically call these developments, but the more they sort of
explained how they did it, the feedback from the board and the
civilian board members and even some of the citizens in the audience
was, that may not be the best way to do it, because even as one of our
senior staff said, when we call, her exact quote was, these apartment
complexes have caller ID, they know it's the county calling. So
usually the answer they get is, yep, we have affordable units; it's full
of firefighters and that sort of thing.
April 12, 2022
Page 41
So what we've done -- if you remember, there was a young lady
here, a single mom, Louisa Rodriguez, who has spoken very
eloquently about affordable housing, and she or one of her team have
attended all of our affordable advisory committee meetings in the last
month. We gave her a spreadsheet of all of the units and boldfaced
all of the ones that are supposed to have an affordable piece, and she
and a group of parents she's put together have been basically doing
secret shopper calls. Hi, I'm Jane, and I'm a single mom, and I make
$40,000 a year, and I heard I should be able to get an apa rtment here.
Well, they're all full.
Okay. They're all full with doctors, nurses, teachers, and
dishwashers? Okay, great. If they weren't full, how much would
the rent be? And just sort of quizzing them. The last email
exchange I saw between her and Jake is she's made some progress.
She's uncovered a few things that she wants to bring to our attention.
And I believe at the next meeting she's going to give us a full report.
I've heard bits and pieces. WINK News called Allura and, you
know, made it a headline -- or maybe it was Naples Daily News, I'm
sorry, and I also did an interview with them and said, yeah, you may
or may not have found the one apartment, but we need to make sure
we're casting a much wider net.
So a lot of what's talked about in here I do believe has merit, but
we aren't oblivious to it. I know right now this is a hot topic, so
everybody's become an expert or this is everybody's
hot -- number-one topic. You know, I've said before, it should have
been maybe our number-one topic for a while, but that's here nor
there. But the reality is we are doing a lot of aggressive things, and
we will have quite a bit to report.
If you remember, two meetings ago we tasked the Affordable
Housing Advisory Committee to have a special session with us, not a
workshop, so that we could take action on a bunch of things. And
April 12, 2022
Page 42
I'll also remind the crowd it was just a couple of commissioner
meetings ago where we voted and approved quite a few things that
expanded the aperture of eligibility for more people. We took a
program that was going to be launched, I think, at the end of April,
we pulled it forward immediately. And so we've done quite a bit of
things that we are able to control. There's quite a bit that we can't
because it's either dictated by the state or, as Commissioner Saunders
said, sometimes there's things that happen in other counties that they
operate a much different way, and that's what Jake and his team is
figuring out now, and then we will have quite a bit to report.
And trust me, if there's some housing unit that had to have
affordable units in perpetuity or for 20 years or 30 years and we
confirm that they haven't done that, then there's -- there's plenty of
things on the county that we can take action on, you know,
concerning violations and things like that. So there's quite a bit in
play. This isn't new news, and nothing that's been said today is not
in motion. So more to follow.
CHAIRMAN McDANIEL: Quick question.
COMMISSIONER LoCASTRO: Yes, sir.
CHAIRMAN McDANIEL: When's your next AHAC meeting?
COMMISSIONER LoCASTRO: We have them once a month.
Jake has been --
CHAIRMAN McDANIEL: When is the next AHAC meeting?
COMMISSIONER LoCASTRO: Yeah. I'd have to look at my
calendar and see -- so first Monday of every month so -- to give you
an exact date. But we're not waiting for that meeting. Jake, I think,
sent some of us -- maybe all of us on the housing advisory
committee, he's been sending us periodic one-way communication
updates that have been very informative. So, I mean, we're not just
once a month addressing this issue.
CHAIRMAN McDANIEL: Well, where I was going is there's
April 12, 2022
Page 43
more information coming from the citizenry group that you've
assembled to go out and do the check and double-check to make sure
that the units that we've approved are being held in an affordable
status for an appropriate period of time. Commissioner Saunders,
you know, the County Attorney alleged that he could have something
to us at our next meeting. I was thinking maybe it would be more
fortuitous if we moved it to our first meeting in May.
COMMISSIONER SAUNDERS: That's fine.
CHAIRMAN McDANIEL: And that will allow for this report
to come to the AHAC, and the AHAC can maybe even be part of that
with that report so we can have some truths with regard to the
representations that are being made, if that's okay.
COMMISSIONER SAUNDERS: Sure, absolutely.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: With your indulgence, I'd like
Kristi Sonntag to come forward. I've had some conversations with
her regarding the accountability of the developer, and it's --
CHAIRMAN McDANIEL: Can I make a suggestion that we
not do that right now and just allow it to go for --
COMMISSIONER TAYLOR: Well, just -- I would like to just
tell you what we're doing. I think it's important given the testimony
of Ms. Davis [sic].
The issue, as I understand, is not that these apartments are rented
but who's in it, and that is a question of auditing. And so I'm
working with Graystone, which is the largest apartment rental
company in the United States of America, with a lady called Linda
Mattá who has a system whereby they do audit these kind of issues,
and I've also talked to the Clerk who is willing to back up the audit.
So I think we're moving in a situation where we can, before the place
is rented, verify what this renter's qualifications are for affordable
housing.
April 12, 2022
Page 44
But there's one thing I did want to speak to you. You
mentioned in our conversation that if we find that a developer is not
abiding by the rules or the -- it's really the management company.
It's not the developer. What is the -- what is the -- what can be
done? I think you mentioned the magistrate.
MS. SONNTAG: For the record, Kristi Sonntag, Community
and Human Services director.
The affordable housing density bonus program does have a
30-year commitment. You all approved that back in, I believe, 2019
for that to be a 30-year period.
In addition, when we do monitor those properties, in there it
does specify that there can be a Code Enforcement Board action and
a fine of $50 per day for noncompliance. So the Community and
Human Service Subdivision does do annual monitoring of any
commitments that happen. In addition, staff do on-site reviews of
client file review. So, for instance, when Allura will open, our staff
will be out there to audit to ensure that those folks who are at the
appropriate income range, those units are rented to them and they
income-qualified them.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Thank you.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Ms. Sonntag, alls I wanted to
just echo -- and so it's great that commissioners are doing their own
discussions with you and investigations and whatnot, and that's fine.
Nobody needs to ask permission.
Alls I would just clarify is, make sure you're funneling it back to
the one committee that is responsible for actually doing this so we
don't have, you know, a duplication of efforts or, you know, little
sidebar things going on. And I know you'll do that.
So what I just heard here I didn't hear at Monday's meeting that
April 12, 2022
Page 45
there was some conversation. So anything you can do to funnel back
the good work by any commissioner up here to the committee that
actually will make the recommendations and come to this meeting.
Because we have a lot of homework assignments on the plate from
meeting this past Monday that 99 percent of the people in this room
weren't at.
So let's make sure, you know -- and like I said, I know I'm
preaching to the choir, but a lot of new things discussed here. Tha t's
the meeting where we're going to get one decision, one voice -- or
one voice, one message, and then come here to the body that can
actually take some action. So I appreciate the work you're doing.
I've seen a lot of the one-way communications between our board
members, between you and Jake. And so things are moving in a
very aggressive direction by help from everybody. But in the end,
the funnel is our committee. So thank you.
MS. SONNTAG: Thank you.
MR. MILLER: That's it, sir.
CHAIRMAN McDANIEL: Okay. Now we're going to do
10B.
MR. ISACKSON: Well, why don't we go to your time -certain
at 10:00, sir?
CHAIRMAN McDANIEL: Okay. Let's do the time-certain.
MR. ISACKSON: Which is 13A.
CHAIRMAN McDANIEL: I was going to make Derek wait,
but –
Item #13A
PRESENTATION OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
April 12, 2022
Page 46
SEPTEMBER 30, 2021 – MOTION TO APPROVE THE CAFR AS
PRESENTED – APPROVED
MR. ISACKSON: It's a presentation of the Comprehensive
Annual Financial Report for FY2021.
MR. JOHNSSEN: Good morning, Commissioners. Derek
Johnssen, finance director for the Clerk and Comptroller's Office.
This morning we're pleased to present to you the FY2021
countywide audit. This document is a consolidated report that
contains audit results for the Board and all five constitutional
officers. This report is a result of many hours of effort on the part of
the Clerk and Manager's staff.
We also very much appreciate the support we get from
administration, the budget office, county grant staff, Public Utilities,
and the County Attorney and other constitutional offices.
I've left a few folks out, I know, but in the interest of brevity.
Really, all departments are represented in this report, and we actually
still do make a paper copy occasionally.
The county received an unmodified audit opinion, which is the
best result that we could get. With me today to summarize the
results of the 2021 audit is Mr. Kessler with your audit firm, Clifton,
Larson, Allen. We'll, of course, be available to answer any
questions afterwards.
Thank you.
MR. KESSLER: Thank you, Derek.
Good morning, Commissioners. Is there a clicker? Thank
you, sir.
And I'll be brief here. As Derek said, my name's Chris Kessler.
I'm a principal with CLA. I serve as the audit partner on your
account, and I'm here to talk about the results of the September 30th,
2021, financial statement audit.
April 12, 2022
Page 47
There we go. So as Derek said, it was an unmodified opinion
on the financial statement, so that means, the scope of our work
included the financial statements, which is the county's Annual
Comprehensive Financial Report for the year ended September 30,
2021, as well as state compliance over the county compliance over
public funds that are invested as well as the e911 operations. So
both of those were clean, unmodified opinions.
The reports that we've delivered I have summarized here. I'll
spare reading all these names of the reports, but they're no different
than the years past. These are the reports that are required both by
government auditing standards and the Florida Auditor General for
your all's compliance.
So just quickly highlighting the results of the procedures. As
Derek said, it was an unmodified opinion, so that's the highest level
of opinion that you-all can have. There was a new accounting
standard that was implemented this year that we do call out in our
opinion, but it does not impact anything within our opinion. It was
still unmodified, but we do call it out because it was significant.
Your independent auditor's reporter internal control had no
findings, your management letter had no findings, and your
independent accountant's report over compliance had no findings.
So clean across the board.
The one thing I'll highlight here is in your management letter the
state did require additional information be included about the
county's special districts. It's informational. It's unaudited, but
you'll see that that letter went from about four pages in years past to
about eight or nine because of that information that had to be
included.
One last note on here, the single audit, which is the audit over
the federal and state grants compliance, is not part of what we're
reporting on. I do want to mention that because OMB at the federal
April 12, 2022
Page 48
level has delayed some of the rules that we are responsible for using
when we perform our audit procedures. They delayed it because of
all of the pandemic funds that were out there. So things are a little
later in the process than where they have been in years past, but that's
in progress now. So that has no impact on county reporting,
compliance, anything along those lines, and that will be done in the
next month or so.
So just some required communications to you all as governance
of the county. Scope and timing proceeded as planned. The
significant accounting policies were in accordance with industry
standards and practices, and we had no difficulties encountered in
performing the audit.
So I do want to say thank you to everyone in all the county
departments as well as the Clerk's Office for all of the help in getting
this document done as well as getting our audit procedures done.
We ask for a lot of information every single year, and it is a big
effort not just to pull the document together but to get us everything
we need to audit those numbers and to look at internal controls and
look at processes.
So a big thank you to everybody involved here at the county that
played a part in that, and especially this year in 2021 with a lot of
things going on. You know, we talked about it last year in 2020.
2021 was no different. There are just a lot of activities that
government employees are dealing with these days. And so adding
in our audit request on top of it is burdensome.
So, you know, please, make sure you give everybody the kudos
for the help in getting us what we needed.
CHAIRMAN McDANIEL: Absolutely. You all done?
MR. KESSLER: That is it. That's the end of my prepared
questions [sic], so thank you again. Thank you for your time, and I'll
pause for questions or comments.
April 12, 2022
Page 49
CHAIRMAN McDANIEL: Any questions? I have one
comment. You know, I served as a bank board member for over 10
years. I've been around audits, both publicly and privately, all my
life, and seldom do you get to have that many -- that much looked at
and not have a comment about something. So I want to commend
our staff, our Clerk's Office, our County Manager's Office. We have
a fleet of people that are making sure that our operation is going
along smoothly. There's no such thing as a perfect system, but we
have a really good one here. So thank you to all of -- you for doing
the audit, of course, but to our senior staff, our Clerk's Office, and the
fleet of people that make our world go round every day. Thank you.
MR. KESSLER: You're welcome.
MR. ISACKSON: Is there a motion to accept the report?
COMMISSIONER SAUNDERS: So move.
CHAIRMAN McDANIEL: I've got a motion.
COMMISSIONER LoCASTRO: 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.
MR. KESSLER: Thank you.
MR. ISACKSON: I'm looking at the clock, Chair, and I don't
know if you want to give Terri her break now before we go to your
10:30 time-certain or --
April 12, 2022
Page 50
CHAIRMAN McDANIEL: I think that would be a fine idea,
and we will come back at 10:35.
(A brief recess was had from 10:24 a.m. to 10:35 a.m.)
MR. ISACKSON: Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: There we go. I have a live mic,
and I'm all by myself.
MR. ISACKSON: You have Item 12B.
CHAIRMAN McDANIEL: There are many that are fearful of
a dictatorship of one. I'm not, though.
Item #12B
THE BOARD EVALUATE THE FOUR SUBMITTALS
RECEIVED FOR THE SOLICITATION FOR SPECIAL
MAGISTRATE SERVICES AND TAKE WHATEVER ACTION
THE BOARD DEEMS APPROPRIATE – MOTION TO APPOINT
PATRICK NEALE – APPROVED
MR. ISACKSON: Item 12B, sir, your 10:30 time-certain.
That's your special magistrate submittals. I don't know if County
Attorney Klatzkow --
MR. KLATZKOW: We do not have a quorum.
CHAIRMAN McDANIEL: Yeah. We're not going to go
anywhere just until then. All I'm doing --
MR. KLATZKOW: Now we have a quorum.
MR. ISACKSON: All right. I figured it would happen.
CHAIRMAN McDANIEL: Get the room settled down and
then get my colleagues back from wherever they were. Okay. Now
we can go.
MR. ISACKSON: I don't know whether County Attorney
Klatzkow wants to make some introductory remarks.
April 12, 2022
Page 51
MR. KLATZKOW: Yes. This is a recommendation for the
Board to consider -- it was to evaluate four. One of your applicants
has decided not to compete for the position. So now you have three
candidates. In my opinion, you have three excellent candidates.
You cannot make a bad decision. And, you know --
COMMISSIONER SAUNDERS: I like the comment that you
can't make a bad decision.
MR. KLATZKOW: You can't make a --
COMMISSIONER SAUNDERS: I assure you we can make a
bad decision.
MR. KLATZKOW: Not here.
COMMISSIONER SAUNDERS: It may even be difficult, but
we can.
CHAIRMAN McDANIEL: Give us a little time, and we'll
come up with not such a great one, so...
This is -- for the record, you folks were trickling in as we were
going, but this is Item 12B and the discussion on our -- our applicants
for magistrate, so...
Do we have any other comments from the county attorney with
regard to that?
MR. KLATZKOW: No, sir. It's all yours.
COMMISSIONER TAYLOR: Who are the three applicants
now?
CHAIRMAN McDANIEL: We have Andrew Dickman -- well,
it's part of the thing. We have Andrew -- in the order of Andrew
Dickman, Myrnabelle Roche, and Patrick Neale. Anthony Pires
resigned from --
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: -- from the application process,
so...
And then it was bottom line, I'm going to open it up to my
April 12, 2022
Page 52
colleagues here and have a little -- and I'm not going to get led down
the rosy path of -- leadership comes from the Chair, as Mr. Saunders
did the last time to me, so I'll wait till I hear what he has to say before
I jump.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I was just going to say --
CHAIRMAN McDANIEL: Oh, forgive me. You know what,
Commissioner Taylor was first.
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: So are the applicants here? Do
we have the three applicants?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: We have two?
MR. ISACKSON: Two are here in person. I think one's
online.
MR. MILLER: Well, one was supposed to be joining us on
Zoom. I don't see her yet, but I am continuing to watch for her to
join us.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Now, that's what I was going
to say. I see two of them here, and if one was online, I just think
that, you know, it's prudent that we hear from them from the podium.
We all got their resumés and, I'm sure, took a look at -- a deep dive
here. So I just thought that would probably be the next step.
It sounds like Commissioner Taylor was sort of leaning that way
as well, that -- at least give them the microphone. So that was my
thought as well. So I don't know if we have to make a motion or we
just make a suggestion. It's up to you, Mr. Chair.
CHAIRMAN McDANIEL: It's already been designated we can
April 12, 2022
Page 53
do whatever we want without fear. So do you want to hear from the
applicants that are here?
COMMISSIONER LoCASTRO: Yes.
COMMISSIONER TAYLOR: Oh, yes.
CHAIRMAN McDANIEL: And we'll give them -- how much
time do you want to go with? Because I already know. I've already
interviewed them. So it's up to -- what do you think; two minutes?
A minute? Three?
COMMISSIONER LoCASTRO: No, I think a little bit more.
I don't -- I mean, I would just say keep it short and sweet. We don't
want to necessarily cut you off, but don't make a 25-minute speech.
But I think, you know, everybody needs a few minutes.
Alls I would say is we don't need to hear your bios or your
qualifications. We've already done a deep dive. But maybe just
take, you know, maybe three minutes to just tell us, you know, what
you want to say.
CHAIRMAN McDANIEL: Are you okay with that; two, three
minutes? Keep it short.
COMMISSIONER SAUNDERS: Don't cut them off, if it goes
three minutes and 10 seconds.
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN McDANIEL: I won't cut it off.
COMMISSIONER TAYLOR: No timer.
CHAIRMAN McDANIEL: Andrew, we'll go with you first
since you're on the list.
MR. DICKMAN: Good morning, Commissioners, Mr. Chair.
As you know, I'm Andrew Dickman, also your Hearing
Examiner, luckily, for -- since 2020. A job that I thoroughly enjoy.
I thoroughly enjoy working with your department and the employees.
It's -- my opinion, at least, it's going very, very well, efficient and,
again, I enjoy it really well.
April 12, 2022
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I hope the community leaving those hearings, whether they're
happy or not happy, feel as though their voice has been heard. The
reason I say that is, in my experience with Code Enforcement, it's
code enforcement and code compliance. You know, some people
are there as scofflaws who thoroughly don't care, and they need code
enforcement.
Another part of it is there's people there that just messed up, you
know, and need some help, could have stipulations worked out and
just work them out that way.
So I have been around government my entire professional
career. As you know, I'm a city attorney as well in St. Pete Beach.
So I prosecute those cases, and so I know what it takes for the
government to come forward with a thorough case to prosecute those
cases and show by a preponderance of evidence that they need to
show, and then the respondent would have the opportunity to show
that they haven't done that.
Now, as a hearing -- as a special magistrate, of course, it would
be my job to listen. It would be my job to take in all the
information. First and foremost what I would do is exactly what I do
as a hearing examiner is ensure that due process was secured
primarily, that the notices were done correctly, that -- by law, by your
code and by state statute, check that box off, because if you don't
have due process, you've got a problem right away, and that needs to
be cured.
Then move into the substantive matters and hopefully have the
right people from the county there for the particular issue, whatever it
is, whether it's a driveway permit that wasn't pulled for a driveway or
a fence or something more serious. Then move on to the respondent.
My view of these types of hearings is not to bully people
around, is not to intimidate anyone -- it is a public meeting -- but at
the same time, direct it, be efficient, let everybody know how the
April 12, 2022
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meeting works. It is their government through you as their elected
official, so I want to make sure that everybody hears everything.
But at the end of the day, usually you have long agendas, and
I'm an efficient person when it comes to those types of things, and I
think that's also what is necessary as your special magistrate, to get
through these things as quickly as possible. I'm fully qualified. I'd
love to continue working with the county in another capacity with
that. I'm extremely confident I can do it for you and do it well. So
with that, I'm open to any questions. So I don't want to go any
further than I need to.
CHAIRMAN McDANIEL: You're good right now.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a couple quick
questions.
MR. DICKMAN: Yes, sir.
COMMISSIONER SAUNDERS: In terms of -- I know you've
been our -- working with our Growth Management Department
for -- I guess it's been a couple years. I haven't heard any negative at
all. Do you see there -- is there any potential, though, for any
conflict? Both in terms of substantively, which I don't think there
could be, but also just in terms of time. Obviously, you're a busy
guy.
MR. DICKMAN: Time. No -- conflict with regard to time,
no. Thursday is reserved completely for Hearing Examiner. It's -- I
don't think we've ever gone beyond noon on Thursdays. Fridays are
completely open for me, wide open.
So I don't believe your code says it has to be on Monday or has
to be on Tuesday or has to be on Wednesday. But, ideally, it would
be great if I could do the HEX in the morning -- and, frankly, they go
pretty quickly -- and continue on with the code enforcement part of it
the afternoon but, otherwise, Friday is perfectly fine with me.
April 12, 2022
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COMMISSIONER SAUNDERS: No problem with time. But
what about just subjectively, is there any potential for any kind of
conflict holding those two positions?
MR. DICKMAN: Yeah. So there are -- so your HEX
decisions are quasi-judicial. They're record built. So at the end
of -- at the end of those meetings, the decisions that are made,
whether they're my decisions or prior decisions, they carry the force
of law. Say there's conditions -- let's say a condition of amplified
music, outdoor amplified music has to be stopped at 9:00,
okay -- 9:00 p.m. and that issue comes up at a Code Enforcement
Board issue, and let's say that the respondent's arguing that that's
vague because it doesn't say live amplified or unlive amplified.
Well, I would have to call it like I see it. And if there's good
law that says that it's arbitrary and capricious -- and, frankly, I wrote
that condition -- and usually I follow staff's conditions. Usually
when they put in a condition, I follow their conditions because
they've done that. I don't get involved in the staff decisions or the
staff recommendations and things like that as a HEX. But I would
have to weigh that information, and if it was an issue about live
amplified -- amplified music, then I guess we would have to
deal -- that would be a tricky decision. I personally don't see any
conflict because I feel like whatever conditions that have to be
enforced by the county carry the force of law, and that's that. And so
if it comes before me as a special magistrate, then I just need to
implement the law, and hopefully those conditions are clear and
concise.
And I don't see -- unless somebody feels as though, just like a
judge, that I need to recuse myself for some reason, which I don't
believe that I would have to because I treat everybody fairly at those
hearings, and I would treat everybody fairly at those hearings. I
think we could always ask somebody if somebody brought it up and
April 12, 2022
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said I feel uncomfortable and they put it on the record. We could
deal with it then. I don't know if your Code Enforcement Board in
some way -- I don't know if you're still using that or not. I know you
have a bifurcated type system. That would be an option. But I
really don't see that, and I don't know what the percentage of
HEX-related decisions on conditions are really part of the agendas
that come in front of you.
I feel confident. Of course, I'm telling you my opinion. I'm
not your attorney; you know that. Your County Attorney has to give
you his legal opinion about that. I feel 100 percent confident that I
would not bring any biasness into those decisions, because those
decisions are clearly a force of law.
Now, the appearance of a conflict from somebody that's
standing as a respondent may feel that way, I believe I could work
through those issues at a hearing. If you have spoken with anybody
about my hearings, I tend to do them very fairly and give people an
opportunity to put on the record if they feel that there is a conflict.
But I'm absolutely confident that if anyone read that record, they
would see that it was conducted in a fair and impartial way.
COMMISSIONER SAUNDERS: Mr. Chair, could I direct that
question to the County Attorney, just his opinion as to a substantive
conflict, not a conflict in terms of time, but just substantively, if that
would be a significant problem potentially.
MR. KLATZKOW: No. The Special Magistrate has
concurrent jurisdiction with the Code Enforcement Board. In the
unlikely event that Mr. Dickman had a conflict, we could send it to
the Code Enforcement Board, or if it was something that required
something more than that, we could always take it to county court.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Very good. Thank you, sir.
MR. DICKMAN: Thank you.
April 12, 2022
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CHAIRMAN McDANIEL: Yep.
Patrick, have we came up -- while you're coming up, Patrick
is --
MR. MILLER: We still do not have Ms. Roche online.
CHAIRMAN McDANIEL: Okay.
MR. NEALE: Good morning, Commissioners, Mr. Chair.
Thank you for the opportunity to make a presentation to you. As
you see, I put in my bio, and, frankly, I think what I'd like to speak to
here a little bit is my philosophy and my background in performing
these kind of duties. I mean, my philosophy is very similar to
Mr. Dickman's, frankly, is that I think that the role of a magistrate,
the role of a hearing officer, the role of anybody on a quasi -judicial
board or a judicial board is to listen to the facts, interpret them
according to the law, and make a decision in an expeditious and final
fashion so that people can move on with their lives.
I think part of the issue is that, you know, we don't want people
to be hanging out and hanging out and hanging out whether they are,
as Mr. Dickman says, a scofflaw or whether there's somebody that
just truly just messed up.
And so I think one of the things that we -- that I would seek to
bring to the job is something where, yes, we work with the people
who deserves to be worked with, and we make sure that the law's
properly enforced as to those people who have shown a disregard for
the morés and rules of the county. So I think that's one of the areas
that I would certainly push, you know, sort of the
tempering-justice-with-mercy approach, I think, is one that I would
think is important.
One thing I found -- and I was the attorney for the Contractor
Licensing Board for 15 years, so I got a lot of experience watching
these kinds of hearings. And I appeared in front of the Contractor
Licensing Board, I've appeared in front of the Code Enforcement
April 12, 2022
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Board, I've been in court hundreds of times. I've, you know -- and
I'm an arbitrator. I've arbitrated a number of cases. I'm a mediator,
so I've mediated dozens of cases -- is that you really -- you need to
make sure that you get everybody putting their word in, putting
their -- putting their testimony on the record, make sure that the facts
are there to support your decision, whatever that decision may be as
the magistrate.
I think those are -- those are things that I find very important.
And, you know, my experience here in the county, I think, speaks for
itself. I've been here since 1987, served on -- I can't even count how
many county boards and both in quasi -- as a quasi-judicial board and
also as just a volunteer board.
And I see that this role for me would be not just to provide a
high-quality service to the county, which I believe I can provide a
very, very good service, but to me it's also a bit of a service to the
county in that I would be, to some extent, giving back, because I'm
not -- certainly not seeking a fee that is what my normal fee would
be. And so, you know, I'm looking to both provide a very
high-quality service to the county but also to give back in some ways
because of this. So does anybody have any questions?
CHAIRMAN McDANIEL: You've got plenty of time. We
did the three minutes just to have -- just to have something.
MR. NEALE: I don't -- you know, you've got my presentation
in there, so --
CHAIRMAN McDANIEL: That's right.
MR. NEALE: -- as far as that, you know -- but I think that's
sort of my basic philosophy in these kinds of things is making sure
that the citizens of the community feel like they've been heard in a
situation like this, because I think a lot of times people just get upset
because they don't feel like they've been heard.
CHAIRMAN McDANIEL: Very good.
April 12, 2022
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MR. NEALE: Any questions?
CHAIRMAN McDANIEL: Yes. Commissioner LoCastro has
a question.
COMMISSIONER LoCASTRO: Yes. Mr. Dickman, I would
just ask that you take the podium, and I have a question, really, for
both of you.
But, you know, Mr. Neale, I'll ask you first. You both have
touched on several different areas where you talked about this job
really requires a sense of urgency and fairness, knowing how to
mediate. You know, I'm summarizing some things that you both
said: Having a mutual respect for the people that you're dealing
with, quality of service, and citizens being heard. You know, you
both said things in a very similar way.
I'm not looking to throw previous administration in this position
under the bus, but what I would ask you is, do you think those things
right now have not been done? And I guess maybe in a more
positive way to ask it, what -- where's the room for improvement?
What would be -- you know, if this is a job that you want, and
especially you both know the job, you know, better than maybe
anybody else in this room, I would expect you follow the actions of
what the Magistrate does and doesn't do or how it functions. So
what would be the things that you would have on your short list as,
wow, I'm not sitting here saying they've been horrific, but these
would be my focus areas, and this is what I think I would bring to the
job better than what it currently has now. And, you know, there's
always room for improvement, so it's not -- I don't ask that in a
negative way. But I'll start with you, Mr. Dickman. What would
you say?
MR. DICKMAN: First and foremost, I think efficiency. I
think the agendas that you get can be moved a little quicker without
losing quality. I think that's important for staff. I think it's
April 12, 2022
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important for the public. I think professionalism in terms of how the
hearings are conducted and how they're expected to be conducted in
terms of the parties that are involved need to be heard and understood
but according to the law, and not have a lot of back and forth.
I think if there's room for stipulations between the parties, not
necessarily between the Magistrate, but if there's room for
stipulations, hopefully that can happen. Step outside, get that
worked out, come before me and say, fine, we've worked it out.
We'd, you know, then handle it that way.
But I -- and, again, you know, I've watched a lot of the hearings.
I'm not criticizing anybody whatsoever. Everybody has their own
style. But I would bring, I think, efficiency in terms of getting
through the agendas, perhaps helping staff at the county ju st as a
judge would. Say, this is how I'd like to see it. This is how it
would help me move forward and help you present your case so that I
can best understand the facts that I need, because that's ultimately
that has to happen is that people can ramble on and on and on, and
just like I do with the HEX, I say, look, you can say anything you
want, that's great, but what I need to hear from you is this. This is
what's going to help me make my decision. And I think I'm very
good at that in terms of doing it in a very respectful way, but I think
that's what is going to facilitate the efficiency part. And I do think
that I will represent the county in a good -- very good way so that it's
a reflection on the county even though I would be an independent
partial -- impartial person. So I hope that answers your question.
COMMISSIONER LoCASTRO: Yes, sir. Thank you.
MR. NEALE: I think, you know, what I would see -- and I've
watched a number of the hearings and have been at the hearings in
front of the incumbent. And one of the things I think is having a bit
more formality about the hearings, because these are -- these are
serious things. We're imposing fines of up to $100 a day on these
April 12, 2022
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people. We're potentially shutting down businesses. We're doing
things like that. So I think a bit more formality in the process and
the procedure could help to give people -- to sort of elevate it a little
bit to make people feel like they are getting a true hearing and
making it feel not like a courtroom because, certainly, we don't
follow the same rules, but making it feel that there's some gravity to
why you're there, that it's not just we're going to shoot the breeze
about the fact that you've -- you let your grass grow too long. No,
that's not the purpose here. The purpose is, if it's something where a
stipulation can be reached, they go outside, they come back with a
stipulation, staff presents it, and we get that done. But if it's a true
hearing where we have a hearing, hold the procedures to, you know,
Chapter 120 of the administrative hearing. That is basically what
we're based on, and we go through that and make sure that due
process is there, that there's some level of formality, that you have the
proper testimony, that everybody makes their case so that the
Magistrate, you know, in the Magistrate's role, were it to be me,
would be able to make a decision that was based on the good facts
and good law so that people can feel like they actually got a true
hearing and feel like they've been treated with a great deal of respect,
because as Mr. Dickman said, even though we're independent, we
would be the face of the county to these people. You know, we're
the one that eventually is going to drop the hammer on them, for lack
of a better term. And so if you're going to drop the hammer on
somebody, you want to make it feel like -- that the hammer was
coming for a reason, so that's my approach.
CHAIRMAN McDANIEL: Good. Are you good?
COMMISSIONER LoCASTRO: Yes, sir.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: So I'm glad you're both up here,
each at a podium. I'm not sure -- when I first was elected, one of the
April 12, 2022
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things that I noticed in the agenda, and especially the consent agenda,
the fines maybe were $100,000 for some problem, and it was reduced
to 10,000. Usually it's less than that, much less, $300 or something.
I'm not sure that's the Magistrate's role, but I think it must be. Who
reduces -- Jeff, who reduces the --
MR. KLATZKOW: Either Code Enforcement Board or the
Special Magistrate will issue, ultimately, a fine. What happens is
these are daily fines. Let's say they run $100 a day. That's about
$36,000 over the course of a year. So what will happen is eventually
the violation will be cured.
The Board direction has always been that the purpose of Code
Enforcement is getting compliance with the code, and then staff will
come to you, because you are the owners of the lien, as a matter of
statutory law, and ask that the lien be reduced. It has nothing to do
with the Special Magistrate. It has nothing to do with the Code
Enforcement Board. That is the decision that staff will make a
recommendation that it gets reduced, and it comes to the Board.
And that process is set forth in a Board resolution. It has been the
policy of this Board for many, many years.
COMMISSIONER TAYLOR: Okay. Hearing what the policy
of the Board is for many, many years, many, many years, but this is
2022, can you give -- both of you give me your input on this?
MR. NEALE: I think, you know, as Mr. Klatzkow said, the
Board's policy -- and certainly as a magistrate, you know, you follow
the policy of the Board to some extent, even though we're
independent. You know, the Board sets the law for the county, and
those are the laws that we have to interpret.
I think that, you know, in today's world, we may want to look at
that, but that would have to be a direction from the Board because,
really, the role of the Code Enforcement Department has been to
achieve compliance. And so, you know, I mean, as far as fines that
April 12, 2022
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are within the purview of the Special Magistrate, that's one that the
Special Magistrate has to make a decision on a case -by-case basis.
So, you know, I can't really speak any further than that. If the
Board direction was that, you know, the Board is no longer going to
accept reduced fines for code enforcement violations, I think that
would be something that -- a policy could be set but, other than that, I
can't really comment.
COMMISSIONER TAYLOR: Yeah, okay.
MR. DICKMAN: So the number, the financial number is set.
There's caps, there's laws, things like that. The first thing is to ask
staff, the county, the one that's prosecuting it, what is their
recommendation. What would they like, you know, per day, things
like that.
I don't think the Special Magistrate should be arbitrary and
capricious on issues. Like, so, for example, let's say your grass is
too long, and then one day you impose -- you know, they're asking
for $100 a day, and then you just feel sorry and you say $50 a day or
something like that. I think it's totally got to be consistent. I think
there's got to be a really, really good reason for the Magistrate to
change that, like, to go above or below what staff is asking for.
Now, I've been in jurisdictions where they have procedures for after
compliance for reducing fines and things like that. I don't think the
county has that procedure, but they may. I think that consistency has
to be there. The law does describe what -- like, there's repeat
violators. That's different. And there's other things that are more
pressing. And so I think that you have to be consistent so you're not
going to be charged with arbitrary and capricious.
I don't think it's the Magistrate's job to just rule over the
kingdom and say, well, you know, you look like you're trying, so I'm
going to do this. I think there is a level there of flexibility, but I
think it has to be done very, very carefully; otherwise, again, being
April 12, 2022
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the face -- what people see as the face of the county, it looks
confusing to the community and especially to respondents and to staff
who are both parties.
So I think it starts with the staff recommendation, if that's a
reasonable recommendation, I think -- and it's within the law, I think
that's what I would follow. But I thi nk consistency is the real rule
here. I don't think the Magistrate should play around with that very
much; otherwise, two years into it somebody analyzes it and says,
geez, you went up and down on the same issue all the time, like,
why'd you do that? That's not good.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: You good?
COMMISSIONER TAYLOR: Yes, thank you.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I was just going to ask, is it
possible to reach out to our third candidate? Maybe there's some
sort of confusion, if we're just sitting here waiting for her to call in.
CHAIRMAN McDANIEL: We're not.
MR. MILLER: I don't have all of the background. I know
she's in the East Coast of Miami in a courthouse where she might
probably be in court. She was being required to be there today,
which is why she couldn't be here. That's really all the information I
have. I don't have any other way to get hold of her.
CHAIRMAN McDANIEL: We're not waiting on her.
COMMISSIONER LoCASTRO: Yeah, I know that. I just
didn't know if she was sitting at home having a computer problem
and it was worth a phone call to her cell or something like that just to
make every effort to connect.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I didn't see this, and I'm sure
it's in your paperwork somewhere, what is your hourly rate?
April 12, 2022
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MR. DICKMAN: My hourly rate with -- I mean, with HEX,
the HEX hourly rate I think is 225.
COMMISSIONER SAUNDERS: I mean, your hourly rate if
you were selected as the code -- as the Magistrate, what would your
hourly rate be?
MR. DICKMAN: I think it should be consistent with the
Hearing Examiner. I mean, I've gone through that entire process
with setting up the contract for HEX, the background c heck and
things like that, so we have that contract. I don't know if -- how that
would work with the -- you know, if that could just be tagged onto, I
don't know, whatever it takes. But, I mean, I'm open to suggestions.
I mean, I believe that that's as complicated of a job as the Hearing
Examiner, so, you know, it's --
COMMISSIONER SAUNDERS: I didn't see it in the
paperwork.
MR. DICKMAN: Oh, I apologize about that, you know. So
that's --
MR. NEALE: My rate was in the paperwork. Yeah, mine's
195. And I have already gone through all of the checks and
everything because of a prior complication I made -- I had to update
them, but I've already been through all that.
CHAIRMAN McDANIEL: I think we're currently paying 200,
if I'm not mistaken. Isn't that Brenda's current rate is 200?
MR. KLATZKOW: I don't recall. I don't know.
MR. ISACKSON: Yeah, that's correct, $200 an hour.
MR. DICKMAN: And, frankly, I think my rate with HEX is
225. I can't -- I know it's two something. It's not over 225, but I'm
sorry I don't have that number with me. Does anybody here know?
I don't know.
MR. ISACKSON: I think Mr. Dickman is 225 an hour as the
HEX.
April 12, 2022
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CHAIRMAN McDANIEL: As the HEX.
MR. DICKMAN: I'm flexible with that.
CHAIRMAN McDANIEL: That's what I had in the -- that's
what I had in main memory.
MR. DICKMAN: Yeah. Obviously, I'm flexible with that.
CHAIRMAN McDANIEL: All right. Do you have any other
questions?
COMMISSIONER TAYLOR: No. Thank you.
CHAIRMAN McDANIEL: All right. Somebody want to
make a motion, or do you want to hear what I'm thinking?
COMMISSIONER SAUNDERS: I rarely want to hear what
you're thinking.
COMMISSIONER LoCASTRO: Me, too. I second that
motion, Commissioner Saunders.
CHAIRMAN McDANIEL: Well, I'll tell you what I'm thinking
even though you don't necessarily want to hear it, how about that?
My thoughts are, we have two fine candidates, actually three fine
candidates, even though Ms. Roche isn't able to be here with us.
I -- you know, as was stated at our last meeting, I think our
previous magistrate did a wonderful job for the time that she was
here. Our County Attorney had nothing but accolades with regard to
her performance, and certainly not having a question on any of her
decisions ever was really special.
I have a -- my thought is I'm inclined to hire you both. I'm
inclined -- we're not here to create a new career. This isn't a
full-time job for either one of you. Both of you are practicing
lawyers. I'm inclined to do it on a rotation basis and have you both
do, and then maybe if we -- if there is ever a substantive conflict, it
can automatically go to the other, because you may be representing a
client that's coming in so on and so forth, and that's just my thoughts.
I like both of you. Andrew, you do a fine job for us as our
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Hearing Examiner and, Patrick, I've known you forever, so
I'm -- that's my inclination.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I respectfully disagree with
that approach. I think we need to hire a Hearing Examiner. I don't
think it's a position that is so --
CHAIRMAN McDANIEL: Magistrate, not HEX.
COMMISSIONER SAUNDERS: Magistrate, sorry.
Whatever the terminology is, I don't think we need to hire two. I
don't think there's enough work there to do that.
I'm a little concerned -- I like the idea of having multiple people
working for the county. You do -- Mr. Dickman, you do a great job,
so my position is not a reflection on your capabilities at all, but I just
think it's probably a -- in my view, not a bad idea to have other faces
doing work for the county.
Mr. Neale I've known for a long time. The only concern I
would have -- and I'm going to be perfectly honest with you about
this -- you say that the magistrate is the face of the county, and I want
to emphasize the importance of attitude. Again, not being critical,
but I've seen circumstances where you get a little angry. The last
time we did this four years ago, you were, and it concerned me.
So I just want some reassurance from you that you understand
that if you are selected, that your demeanor reflects on us, and that's
important.
MR. NEALE: Totally understand. And when I'm in this kind
of role -- and I think my experience particularly as being attorney for
the Contractor Licensing Board or serving on various committees and
so forth and even as an arbitrator, my role is when I'm sitting in that
seat to make that decision is I'm -- without fear or favor I'm supposed
to be there as an impartial moderator and decision maker of the
proceeding. My whole role is not to get personally involved. It has
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nothing to do with me personally. It is solely about the case that's in
front of me and how to decide that case. So that would be my
approach.
COMMISSIONER SAUNDERS: And any contract that we do
have is terminable at will anyway, I believe.
MR. NEALE: Sure.
COMMISSIONER SAUNDERS: So if there was, you know,
reports that that was not working out the way we'd like, that can also
be rectified.
MR. DICKMAN: If I may, Commissioner, on that. I just want
to mention as well, just like with the Hearing Examiner, I did make a
commitment that I would not have any other clients in the county. I
would not take any clients that would come before boards and other
things, that I did disclose that I had two outstanding issues that would
be resolved. But I would relinquish the jurisdiction of the county
and not take any clients with regard to land use or the issues that
would bring me in front of any boards.
MR. NEALE: And I will do the same. I mean, I've got a
couple clients, probably like Mr. Dickman, that could potentially
come before the Board, either this board or the Code
Enforcement -- or Code Enforcement Magistrate or any other board,
and I would recuse myself from any of those because -- you know, I
can see how just a conflict would -- whether it's a true conflict or an
appearance of conflict, I would make sure that I don't do that kind of
work.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you.
I think what Commissioner McDaniel was stating it's not
necessarily that we're hiring two but maybe we're hiring each of them
part time and they would trade off, and so it would be one
person -- or one position shared by the two. So I understand the
April 12, 2022
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sentiment. I guess the thing that jumps into my mind is consistency.
So if somebody went before Mr. Dickman and didn't like the answer,
could they immediately, you know, have an appeal and then say, you
know, Mr. Neale's a little bit easier on this topic, or let's wait for Mr.
Neale, you know. He's going to be -- and I'm not saying that would
happen, but I'm just spit-balling here and thinking that sometimes is
an issue. You know, go to this judge, they're kind of soft on
veterans, or they're kind of soft on somebody that only has, you
know, one type of issue.
CHAIRMAN McDANIEL: Just as a comment, let's ask the
County Attorney about the process with regard to that concern. And
it is on the premise that there are multiple county judges that we
have, and when you're in the system, it depends on which judge you
end up in front of as to what the actual determination may, in fact,
come, so that was one of the thoughts that I had about having one
magistrate with multiple people serving as the magistrate. I wasn't
talking about that.
I just -- thank you for clarification. I didn't mean to be unclear.
But, you know, the process, Mr. County Attorney, would it be
possible for someone to appeal to try to go to the next magistrate with
the current system that we have?
MR. KLATZKOW: The term of art is forum shopping, which
is something I used to engage in in my prior life, and other attorneys
do. Yes, attorneys will try to get before the Special Magistrate that
they think they'll get the best deal from, just like you'd try to get
before the county judge you'd get the best deal from.
CHAIRMAN McDANIEL: So the potential exists that
someone could manipulate the system if we had more than one.
MR. KLATZKOW: Yes. But right now they try to do it -- try
to get either the Special Magistrate or Code Enforcement Board.
CHAIRMAN McDANIEL: Code board, right.
April 12, 2022
Page 71
MR. KLATZKOW: So you're always going to have -- as long
as you have multiple decision makers, you're going to always have
people trying to game the system to their advantage.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER LoCASTRO: So my point was I don't want
to add to that. I don't necessarily disagree with the idea, but I just
see some other complications.
You know, I understand our third candidate. We don't want to
sit here and -- you know, we're not waiting, you know, for the third
candidate, but I think it's been so valuable hearing from the two of
you and also knowing how busy attorneys are. I mean, I don't think
our third candidate blew us off today. I think the way you said it,
Troy, is, I mean, they can't abandon their clients, and their time is
very -- you know, it's difficult and valued, and, you know, it's not a
matter of at times of choice.
So I don't know how the other commissioners feel. I mean, I
read every page, especially of Mr. Neale's book, his three-volume set
of his application and his resumé. But I'm just wondering, do we
have any concerns that we haven't heard from the third party, even
though we've seen her bio and whatnot? Or what are your thoughts?
Because this has been so valuable.
COMMISSIONER SAUNDERS: My thought is we have two
firms here that are local, and the other -- the third is from, I believe,
Fort Lauderdale.
COMMISSIONER LoCASTRO: Fort Lauderdale, right.
COMMISSIONER SAUNDERS: And I don't see the need to
have somebody have to drive all the way over here for -- you know, a
two-hour drive each way for a two-hour hearing. So I want to go
with the local firm.
COMMISSIONER LoCASTRO: Yeah. And my thought was
not to drive, but I'm disappointed that, you know, she couldn't get on
April 12, 2022
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Zoom, but I certainly can appreciate and understand it. And so I
didn't know if that was something that we wanted to give her the
chance at some point to call us, or do you think we can move
forward?
CHAIRMAN McDANIEL: Commissioner Taylor's ready to
go.
COMMISSIONER LoCASTRO: Okay.
COMMISSIONER TAYLOR: No. I'm debating. I'm
listening to both. I'm listening.
CHAIRMAN McDANIEL: Oh, I thought you wanted to speak.
COMMISSIONER TAYLOR: I did, but my question was
answered.
CHAIRMAN McDANIEL: Changed your mind.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: I concur with Commissioner
Saunders. I would rather have a local firm do it. So I'm going to
call for -- somebody make a motion. I'm -- I've expressed what I'd
like to see us do, so -- and I'm totally happy with both of these
candidates, and so somebody make a motion.
COMMISSIONER SAUNDERS: I'll make a motion. And I
agree with the County Attorney in his c omment that we could not
make a mistake on this. We do have two great firms here.
CHAIRMAN McDANIEL: Except for what I want to do.
COMMISSIONER SAUNDERS: Well, I guess we could have
made a mistake.
But we have two great firms, and I think part of the di fference is
that we have Mr. Dickman already working for us and performing a
very good function, and I'd like to see the work kind of divided up.
So that's my rationale. So I will make a motion to appoint -- make
the appointment and move forward with that.
CHAIRMAN McDANIEL: Patrick Neale.
April 12, 2022
Page 73
COMMISSIONER SAUNDERS: Yeah, I'm sorry, make the
appointment with Patrick and move forward with that.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we appoint Patrick Neale as our next magistrate. Is
there 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.
MR. NEALE: Thank you, Commissioners.
MR. KLATZKOW: Commissioner, you will need a contract.
You can direct the County Manager to do this, you can direct me to
do this. It's the pleasure of the Board.
CHAIRMAN McDANIEL: I think it should be you.
COMMISSIONER SAUNDERS: I agree. I think the County
Attorney should always be involved in the drafting of any contracts
that we have.
MR. KLATZKOW: All right. And we'll get in touch.
MR. DICKMAN: Thank you for your time.
MR. NEALE: Thank you, Commissioners. I appreciate it.
CHAIRMAN McDANIEL: Same to you, Andrew. Thank
you.
MR. ISACKSON: Mr. Chairman, Commissioners, if you don't
mind, I'm seeing Derek Johnssen in the crowd. I'm seeing Neil
Dorrill. If you give me some license to move around the agenda a
April 12, 2022
Page 74
little bit, maybe we can move some people around and get them out.
CHAIRMAN McDANIEL: Yes. I just -- I find it ironic that
we go through this motion of setting the agenda and then cruise
through at will, so -- but that's -- that's our purview, so, yes, please.
MR. ISACKSON: I'm just asking your permission, sir.
CHAIRMAN McDANIEL: Yes, sir. Move right along.
Item #11C
AWARD REQUEST FOR PROPOSAL (“RFP”) #21-7936,
“PROFESSIONAL SERVICES FOR SAP S/4 HANA
IMPLEMENTATION,” TO PHOENIX BUSINESS, INC. D/B/A
PHOENIX BUSINESS CONSULTING IN THE AMOUNT OF
$1,658,245.60 AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT – APPROVED
MR. ISACKSON: Let's go to 11C, if we can. It's a
recommendation to award Request for Proposal No. 21-7936,
Professional Services to SAP S/4 HANA Implementation to Phoenix
Business, Inc., in the amount of $1,658,245.60. Mr. Derek Johnssen,
the Clerk's Office, director of finance, will present.
MR. JOHNSSEN: Thank you, Commissioners. I'm before
you as project sponsor to this very necessary project to upgrade our
SAP financial package. Again, fiscal impact is $1.7 million.
We had eight responses to our RFP. This is an initiative started
back in late 2020 when we asked for the Board's recommendation to
proceed with SAP as our software solution. So this is the next
specific step that we need to take. It will be about a one -year
technical upgrade. And, again, I am the sponsor for the project.
Open to any questions you might have. We serve 750 users with this
system, and this is a necessary upgrade to move us into the future.
April 12, 2022
Page 75
CHAIRMAN McDANIEL: Good. Anybody have any
questions?
(No response.)
CHAIRMAN McDANIEL: Somebody want to make a motion?
COMMISSIONER TAYLOR: So move.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: I can do it if you want me to. I
just -- it's been moved and seconded that we accept the RFP as
presented. Any other discussions?
(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, Derek.
MR. JOHNSSEN: Thank you, Commissioners.
MR. ISACKSON: Thanks, Derek.
Item #11B
AWARD INVITATION TO BID (“ITB”) NO. 21-7943, “PELICAN
BAY OAKMONT LAKE 4-1 RESTORATION,” TO QUALITY
ENTERPRISES USA, INC., IN THE AMOUNT OF $2,309,411.00
APPROVE THE NECESSARY BUDGET AMENDMENTS AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT – APPROVED
April 12, 2022
Page 76
MR. ISACKSON: Commissioners, if we can, Item 11B, it's a
recommendation to award our ITB No. 21-7943. It's the Pelican Bay
Oakmont Lake 4-1 restoration to Quality Enterprises USA, Inc., in
the amount of $2,309,411. Mr. Dorrill, your Pelican Bay Services
Division administrator, will present.
MR. DORRILL: Good morning, Commissioners, and thank
you for what you do.
The Pelican Bay Services Division has four major capital
projects underway this fiscal year as the community, believe it or not,
approaches its 50th anniversary.
One of these is the Oakmont Lake restoration. The Oakmont
Lake, which is in Basin 4, is one of the signature lakes in the
community with over a mile of shoreline. Your engineers and your
citizen resident advisory board have spent the better part of two years
surveying and evaluating a wide variety of techniques to address
erosion and sediment buildup and escarpment that exists in various
lakes here.
Bids were let for a process that is called Geocell, which is
interesting and has an expected very long life to it just prior to
Christmas. Bid openings occurred in February on the 10th. There
were six bids that were received, one of which was determined to be
nonresponsive by the Procurement Division. The lowest responsive
and responsible bidder is Quality Enterprises USA of Naples. They
are a known firm that has a variety of site work and subsurface utility
and road construction experience with the county.
In this particular case, the design engineer has also reviewed and
issued his DeLorean notice of recommendation. I can tell you that
the lowest and most responsive bid, $2,877,297.50, is 19 percent
below the most recent estimate of probable cost by the civil engineer.
Obviously, we'd like to take advantage of that in the current
environment and marketplace. The staff recommendation is to
April 12, 2022
Page 77
award that bid, Bid 21-7943, Oakmont Lake restoration to Quality
Enterprises in the amount that I alluded to, 2,309,411, authorize the
Chairman to execute the associated contract and the necessary budget
amendment to accompany this.
With that, I'd be happy to answer any questions that you might
have.
CHAIRMAN McDANIEL: Any questions?
(No response.)
CHAIRMAN McDANIEL: How about a motion?
COMMISSIONER TAYLOR: So move.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the recommendation as proposed by Pelican Bay for the
Oakmont Lake -- is it -- it's an erosion protection?
MR. DORRILL: Yes, sir.
CHAIRMAN McDANIEL: Are you excavating it as well?
MR. DORRILL: Yes, sir. Actually going to put a barge in the
lake in one of the nicest neighborhoods in Naples with a trackhoe or
excavator. They'll be reclaiming the material that gets sort of
sloughed off into the lake. This Geocell is a fascinating concept. It
is sort of a polypropylene honeycomb-type structure and system. It's
backfilled with gravel in order to help stabilize, hold, and also assist
in the advancement of littoral plantings, and so they, your advisory
board, are pretty excited about it.
CHAIRMAN McDANIEL: When I was reading through this,
there was some pretty innovative techniques there. I'll be interested
to hear how --
MR. DORRILL: They spent about two years evaluating
long-term solutions to what, increasingly, is an issue with escarpment
and erosion throughout the lake system there.
CHAIRMAN McDANIEL: Well, as you all know, I used to
April 12, 2022
Page 78
dig holes for a living so -- and I became rather adept at it. And I was
reading some of these techniques and found it rather intriguing, so...
All those 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, sir.
MR. DORRILL: Thank you.
Item #11D
AUTHORIZING 12 ADDITIONAL FULL TIME EQUIVALENT
(“FTES”) POSITIONS IN THE COLLIER COUNTY EMS
DIVISION DUE TO INCREASED CUSTOMER DEMANDS,
POPULATION, AND CALL VOLUMES, AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS, AND ACCEPT EMS’
PLAN TO IMPROVE STAFFING AND RESPONSE TIMES TO
MEET CURRENT AND FUTURE COUNTY DEMANDS –
APPROVED
MR. ISACKSON: Commissioners, I'd like to ask Tabatha
Butcher, our chief EMS services director, to come up. It's a
recommendation to authorize 12 additional FTEs in Collier County
EMS division due to increased customer demands, population, and
call volumes, and authorize the necessary budget amendment.
CHIEF BUTCHER: Good morning, Commissioners. Thank
you. Tabatha Butcher, chief of your EMS division.
April 12, 2022
Page 79
The item that you have before you today, like the County
Manager said, is to add 12 additional FTEs to the EMS system.
Before I get into that, I would first like to tak e the opportunity to
thank you for your support of EMS for the last 41 years in this
community and the continued support that you give us each day.
So the additional FTEs for EMS is going to provide additional
staffing to our division to reduce overtime and the workload on the
EMS crews, which will result in less fatigue and better service to this
community. EMS operates 26 ambulances and one helicopter 24
hours a day, seven days a week, and staffing consists of three shifts
of employees that work 24 hours a day, and they work 24 on, 48 off.
Each ambulance is staffed with two employees per shift for a total of
six employees assigned per ambulance.
When employees are absent from work for any type of leave,
vacancies must be filled with employees from other shifts working
overtime. Filling these vacancies is mandatory, so we do not reduce
the level of service that we provide to our community.
Prior to 2007 when EMS added a growth unit, seven employees
were added to provide the additional personnel to account for
vacancies without utilizing overtime. This practice was eliminated
during the recession, and through attrition, there are currently no
additional on-duty personnel to cover those vacancies.
For years, EMS has covered these vacancies with employe es on
overtime, and we've managed and continue to provide timely and
efficient service to this community; however, with the increase in call
volume of nearly 14 percent over the last year and a half, the
population's expected to continue to increase, and t he amount of
overtime in the last year is nearly 80,000 hours on our existing
employees. All of this can lead to burnout and fatigue in our first
responders.
These men and women are passionate about what they do, and
April 12, 2022
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they want to continue to provide high-quality service to this
community, but they also need rest to prepare them for the next shift
to give their best to our citizens and visitors.
Changes in service demand and employee needs require
adjustments to staffing and in deployment models. The last major
adjustment to EMS services was in April 2014. We're proud to have
a countywide EMS consolidated service within our community, and
it's our duty to provide that quality and timely services.
Like other first responders in Collier County, EMS is important
to this community. They take care of the people and witness tragic
incidents every day. Without our employees, we would not have the
outstanding service we have. We must take care of them so they can
continue to take care of others.
So today I'm requesting approval of the 12 FTEs and the
acceptance of the proposed future plan that was in the attachments to
the agenda, the additional recommendations you have before you in
those attachments, but I am happy to answer any questions, and I
thank you for your consideration.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Chief, I just wanted to say
you've done an amazing job since taking over, and I worked with
you, you know, when I was a COO at Physicians Regional and spent
a little time with you. Maybe it's been a few months back, but I'm
just so impressed how you have saved the taxpayer -- you have saved
taxpayer dollars, how you've been incredibly thrifty, without making
sure -- with ensuring that capability, you know, doesn't lack but to
spend, you know, dollars wisely.
I want you to know that our County Manager and his team
yesterday -- I mean, I wanted to do a deeper dive into, you know -- I
understood the need, we're growing and whatnot, but they
represented you very well yesterday in understanding why this, to
April 12, 2022
Page 81
me, is a no-brainer.
And I'm glad you did say 2014, because I did a little dive and I
was like, you know, how often have we done this? You know,
please tell me we haven't been sort of piecemealing this every year or
so. And, you know, you all have been incredibly patient
and -- while other, you know, counties and municipalities around the
country sometimes are sitting here having big, long meetings to save
nickels and dimes, which is costing them a lot of capability, I would
hope there's nobody here in this room that wouldn't, you know, fully
support -- you know, you could have asked for 25 FTEs and then
maybe settled for 18.
County Manager yesterday in my office made it very clear and
proved to me that, you know, 12 is the number. And you could
have -- you could go a little higher but, you know, you're trying to be
a good steward of taxpayer dollars. And so, you know, I, for one,
really commend you for, you know, your leadership and also how
you're managing, you know, your staff. But we don't want to be
shorthanded. You outlined it perfectly, so I don't need to piggyback
on your words.
But thank you so much for all that you do, and we want to make
sure that, you know, you're fully funded and fully supported.
CHIEF BUTCHER: Thank you. I appreciate that.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you very much.
It was under the leadership of our County Manager who
recognized almost from the day he was hired how important it
is -- EMS is to this county and the job you're doing, and I'm very
pleased to be part of voting up here to agree and to make a motion to
agree to increase your FTEs by, I believe it's -- 12 is the number.
CHIEF BUTCHER: Yes, thank you.
COMMISSIONER TAYLOR: It is critical to the health and
April 12, 2022
Page 82
safety and welfare of our community, and our community's growing,
and no one knows that better than your department, so thank you.
There's a motion. I made a motion.
CHAIRMAN McDANIEL: I heard you. I didn't have to call
for it, so...
COMMISSIONER SAUNDERS: Has there been a second?
COMMISSIONER LoCASTRO: Second. I'd second it.
CHAIRMAN McDANIEL: There has been a second. Is th ere
any other discussion, other than my little editorial, and you fall
directly under my number-one responsibility of local government,
and that's to keep my families and neighborhoods safe. So I couldn't
be more pleased to support the motion and the second. So thank
you.
CHIEF BUTCHER: Thank you.
CHAIRMAN McDANIEL: 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.
CHIEF BUTCHER: Thank you all very much.
CHAIRMAN McDANIEL: Yes, ma'am.
Item #11A
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 21-7877, “CONSTRUCTION ENGINEERING AND
April 12, 2022
Page 83
INSPECTION (CEI) SERVICES FOR TIGER GRANT,” TO
KISINGER CAMPO & ASSOCIATES CORP., FOR A TOTAL
NOT TO EXCEED AMOUNT OF $1,946,572.96, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT – APPROVED
MR. ISACKSON: Commissioners, I see Ms. Scott sitting up
there. Why don't we just run the trifecta and go through 11A, if we
can. It's a recommendation to award request for professional
services 21-7877, construction engineering, and inspection services
for the TIGER grant out in Immokalee to Kissinger Campo &
Associates, a total amount $1,946,572.96.
CHAIRMAN McDANIEL: Good morning.
MS. SCOTT: Good morning. I was going to be here till the
end, so...
Anyhow, yes, we're here to seek your approval for the award of
our construction engineering and inspection contract. I have a
presentation; otherwise, I can just give you a little -- few bullet
points. A few -- about a month ago we awarded the design-build
contract. We anticipate beginning construction by the end of the
year, so this is the last piece of the TIGER puzzle, if you will, so we
can go forth and do some great things in Immokalee.
COMMISSIONER TAYLOR: Yes, yes.
CHAIRMAN McDANIEL: This is -- this is a pretty special
thing. How long's your presentation?
MS. SCOTT: That's it, or I have five slides.
CHAIRMAN McDANIEL: Do you want to whip up the slides
real quick just as -- if you don't mind. Commissioner LoCastro, do
you have a question for her?
COMMISSIONER LoCASTRO: No. I was just going to say,
I don't want anybody -- you know, sometimes I sort of make a little,
April 12, 2022
Page 84
you know, public service announcement here. But nobody watching
or in the audience should think we vote on anything that costs
$2 million without doing our homework. You know, all day
yesterday you had all the commissioners here, Trinity in our office
going through this with quite a bit of detail, just like we did for the
FTEs. So it's not like we heard her three bullet points and said, sure,
$2 million. So thank you for the detail and the eloquence yesterday,
always being available to us. So this is the formal part. But, you
know, to those people who maybe don't attend these meetings or
don't understand the homework involved and the discussions, it's
quite a bit before we sit here and vote. But, yeah, I think it's good to
show these slides and make it part of the record, too.
CHAIRMAN McDANIEL: And as an addition, this -- how
long have we been working on this? This has --
MS. SCOTT: 2016, 2017; many, many, many years.
CHAIRMAN McDANIEL: Yeah, many, many years, a lot of
dedicated staff that have brought this to fruition and an enormous
benefit to the community of Immokalee, so...
MS. SCOTT: Absolutely. So the project is Immokalee
Complete Streets growing connections to create mobility options or,
as we call it, our TIGER project. It's funded by a pretty significant
federal grant. We are receiving just over $13 million of federal
funding for the total project for the construction and design.
This will add approximately 20 miles of new sidewalk,
enhanced drainage improvements in the project area, seven Collier
Area Transit bus stops, a new CAT transfer station, as well as
roadway and intersection lighting to five corridors and 38
intersections.
This -- as I noted earlier, we came to you about a month ago to
award the design-build contract to Quality Enterprises as well. They
have begun the design. We've issued a notice to proceed, so they
April 12, 2022
Page 85
have begun the design. Because it is a design -build project, they
may not design the entire 20 miles of sidewalk and all of the
improvements. They can design in phases and be able to get out
there and get construction going, so that is why it's very important to
have our construction and engineering and inspection services on
contract as well and ready to go underway at any moment.
So the firm that we -- was chosen through the selection
committee process is Kisinger Campo & Associates, and the
negotiated amount was $1,946,572.96. We anticipate construction
starting by the end of the year, and it will be about 800 days.
And with that, I'm asking for your recommendation to award the
request for proposal.
CHAIRMAN McDANIEL: Back up to Slide 2, because all this
thing -- as Commissioner LoCastro said, that's all -- those are all
things we've all done to get here today.
MS. SCOTT: Yeah.
CHAIRMAN McDANIEL: Slide 3. This is the picture of
where the work's going to be done. And then the next slide talks
about what we're, in fact, doing: 20 miles of sidewalk,
eight-and-a-half million in stormwater, seven transit bus stops. My
goodness, my goodness, my goodness.
Commissioner Taylor.
COMMISSIONER TAYLOR: You know, thinking about
Commissioner LoCastro's remarks and understanding that folks
watch us, I think it's very important to understand, yes, the federal
government did come in and give us a grant, but our staff are
negotiating this. It's not, oh, we've got this money, so just go to it.
There is a whole process that has to be followed which shows
accountability for the taxpayers' dollars, not only locally but
statewide and nationally, and congratulations on that.
MS. SCOTT: Thank you.
April 12, 2022
Page 86
CHAIRMAN McDANIEL: Congressman Mario Díaz-Balart
was hugely instrumental in the front end.
COMMISSIONER TAYLOR: Such a friend. Such a friend.
CHAIRMAN McDANIEL: Absolutely. And then our -- you
folks have supported our staff and the additional requests to be able
to make sure that this project has gone forward and is going to be the
benefit that it truly is. So thank you. Thank you, all.
MS. SCOTT: Thank you.
CHAIRMAN McDANIEL: I'm going to make a motion for
approval, by the way.
COMMISSIONER TAYLOR: I will second that motion.
CHAIRMAN McDANIEL: With that, 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 sound -- same sign,
same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #10B
RESOLUTION 2022-63: RECOMMENDATION TO APPOINT
TWO COMMISSIONERS AS REGULAR MEMBERS, THREE
COMMISSIONERS AS ALTERNATE MEMBERS, AND
RATIFICATION OF APPOINTED CITIZEN MEMBER AND
ALTERNATE CITIZEN MEMBER FOR A ONE-YEAR PERIOD
ON THE VALUE ADJUSTMENT BOARD - APPOINTING
April 12, 2022
Page 87
COMMISSIONER SAUNDERS AND COMMISSIONER SOLIS
WITH REMAINING COMMISSIONERS AS ALTERNATES –
ADOPTED
MR. ISACKSON: Commissioners, if I can, 10B is a
recommendation to appoint two commissioners as regular members,
three commissioners as alternate members, and ratification of
appointed citizen member and alternate citizen member for a
one-year period on the Value Adjustment Board.
CHAIRMAN McDANIEL: Well, before we go into this, I
wanted -- since Commissioner Solis isn't here, I want to make sure he
stays on this committee.
COMMISSIONER TAYLOR: I was going to say.
COMMISSIONER SAUNDERS: I think I'm on it. I don't
know.
CHAIRMAN McDANIEL: I think you are. I think it is you
and Commissioner Solis.
COMMISSIONER SAUNDERS: I have no problem staying on
it.
CHAIRMAN McDANIEL: Okay. And the rationale for us to
have this discussion today, I thought we already did this back in
January. Did we? Or did we -- is this just simply because
Commissioner Solis is not able to be attending?
MR. ISACKSON: I'll let Derek --
CHAIRMAN McDANIEL: Oh, we're going to let Derek talk,
okay.
MR. JOHNSSEN: Derek Johnssen from the Clerk's VAB. It
seems I'm up here asking for something all the time now.
Every year we redo these appointments. The citizen
appointments do not need to be ratified on an annual -- they could be
ratified. The commissioner appointments actually need to be
April 12, 2022
Page 88
approved by the Board every year, and we did not do it in January.
CHAIRMAN McDANIEL: Oh, we didn't do it in January? It
wasn't --
MR. JOHNSSEN: May of last year.
CHAIRMAN McDANIEL: Oh, okay. Okay. And the
two -- the two current appointees are Commissioner Solis and
Commissioner Saunders. They've been the ones attending.
Is -- and I know Commissioner Solis is spread a little bit thin. Do
we need to have a different commissioner?
MR. JOHNSSEN: Well, part of the ask is to appoint the other
three as alternate members.
COMMISSIONER TAYLOR: You just pointed to yourself.
CHAIRMAN McDANIEL: Well, all three of us are
additional --
COMMISSIONER TAYLOR: I watched you point to yourself.
CHAIRMAN McDANIEL: Do what?
COMMISSIONER TAYLOR: You need to be on the board.
CHAIRMAN McDANIEL: No. We all are by --
COMMISSIONER TAYLOR: I know --
CHAIRMAN McDANIEL: -- de facto.
COMMISSIONER TAYLOR: -- but front and center.
CHAIRMAN McDANIEL: I don't want to be front and center.
I think if we have the two primary ones appointed, Commissioner
Solis and Commissioner Saunders, and the rest of us serve as
alternates, it would carry us well. And you know any one of us will
step up -- you know any one of us will step up if we -- I'm
pointing -- if there is a need, so. I'll make that motion that the two
current ones and the other three -- the three of us serve as alternates.
COMMISSIONER LoCASTRO: Second -- second.
CHAIRMAN McDANIEL: Any other discussion?
COMMISSIONER TAYLOR: No.
April 12, 2022
Page 89
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.)
COMMISSIONER SAUNDERS: So moved.
Item #10C
REQUEST THAT THE BOARD DISCUSS WHETHER WE
SHOULD DIRECT STAFF TO LOOK INTO AMENDING THE
LAND DEVELOPMENT CODE AND/OR THE NOISE CONTROL
ORDINANCE IN ORDER TO LESSEN THE IMPACTS THAT
COMMERCIAL DEVELOPMENTS HAVE ON ABUTTING
RESIDENTIAL COMMUNITIES – APPROVED
MR. ISACKSON: Commissioners, 10C, it's a request that the
Board discuss whether we should direct staff to look into amending
the Land Development Code and/or noise control ordinance to lessen
the impacts that commercial developments have in abutting
residential communities. This was sponsored by Commissioner
Taylor.
COMMISSIONER TAYLOR: This is really to bring the issue
that -- our administrative code regarding construction. The date of
that is 1990. And if you think about the county in 1990 and you
think about the county in 2022, you realize it was a different place.
So I would like to see if I have concurrence by my board for staff to
look at it.
I think areas that could be addressed would be time construction
April 12, 2022
Page 90
begins, notice to neighbors that something is actually going to be
built in a property that is adjacent to residential.
The noise ordinance would cover specifically the noise of the
construction, and that's why the issue is when construction begins.
What days construction take place. I don't see this as terribly
draconian. I just see it as bringing it up to date with the fact that we
are growing, and the urban area is prime for redevelopment, and the
spaces are getting much smaller between existing residential and the
commercial. So...
COMMISSIONER SAUNDERS: I have no problem bringing
something back to take a look at.
CHAIRMAN McDANIEL: Can we -- should we hear from
staff or -- I don't have any problem bringing something back. I do
have hesitancy in trying to fix something that's worked rather well for
our community.
COMMISSIONER TAYLOR: Well, you should probably talk
to the people I've talked to. It's not working so well anymore,
especially Isles of Collier. This is -- this is -- Isles of Collier is a
PUD, and they knew that there was going to be a commercial area,
they knew that, but a three-story hotel was going in there without
notice to the neighborhood. Now, that three-story hotel, if you're on
the top floor of that three-story hotel, there's issues that could have
been addressed by the neighborhoods like what kind of screening,
what can we do. That was all -- they found out about it after the
fact. And in the course of the discussions with that neighborhood, it
was clear that, perhaps, if they had come in a little bit earlier, more
could have been done. And staff was extraordinary with this. They
really were. And we tried to work as closely as we could with the
developer. But, you know, he was way too far down the pike.
Like, for instance, where are your -- what is your parking lot
design, and where are you putting these dumpsters? And, oh, by the
April 12, 2022
Page 91
way, what time of the day do they pick up the trash from the
dumpster? And, oh, is your pool there? Oh, there's a pool. Well,
are there outside speakers? And, oh, where are the lights? Oh, we
have to keep it lit. Well, keeping it lit means the person that has a
backyard is now going to be lit depending on when the hotel turns off
the lights on the pool, which they never do.
So that's -- that's the challenge we have. There's no easy fix,
but I just think it might be advantageous to have a review of this to
have staff's recommendations because they're seeing this up close and
personal.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I've said before I think there's
never any harm in the staff taking a look at anything and bringing us
back recommendations. But, you know, the first person I was
looking at in the back here when I saw this is Mr. French. So unless
anybody has any objection, I'd like to hear his comments at the
podium.
Often I hear from citizens as well that say, we didn't know about
it, we didn't know this, and when we peel the onion back, the lesson
we sort of learned is, well, it was advertised, but maybe what we need
to do is more aggressive advertising or whatnot; that just because a
citizen didn't know about something didn't mean we didn't follow all
the processes and procedures, and that could be one of the takeaways.
But, really, Mr. French, I look at you as, you know, you've done
a deeper dive into these type of things. So, certainly, I'm never
against the staff taking a look at anything, but do you care to
comment just on this topic and enlighten us on, you know, the details,
separate rumor from fact, as I always say?
MR. FRENCH: Thank you, Commissioner.
For the record, I'm Jamie French. I'm your department head for
Growth Management and Community Development.
April 12, 2022
Page 92
And Commissioner Taylor summarized it very -- very well.
We have worked with this community at Isles of Collier. And
having very limited visibility on this item, coming before you today I
don't really have much comments other than there was a mention of,
you know, a community that built next to a commercial area.
You've got a 2005 PUD where Foxboro and -- at the corner of
Thomasson and U.S. 41. That's a 2005 Planned Unit Development
that came before a Board of County Commissioners for a
determination.
And in 2012, the remaining portion of land, another PUD came
in, and they built a housing community. So I -- not having that
ability to have that foresight to think, well, who's going to build first,
but that's a great span of time. And I recognize that we did go
through a recessionary period, a very deep one, and timing
is -- clearly, it was important, to now these new community members
that have moved in since that 2012 PUD for Isles of Collier.
The bottom line is, is it wasn't that it wasn't advertised.
This -- they had vested rights that were determined within their PUD.
They were allowed to develop a hotel there. This wasn't a question
of zoning. This was just a Site Development Plan that came
forward, like any other administrative process for a Site Development
Plan. They met the criteria identified within their PUD and the Land
Development Code, and the neighbors were not notified of thi s.
These same neighbors, if I'm not mistaken, were very well
involved when the conditional-use process came forward with the
property that abuts the Hampton Inn project site that faces U.S. 41 for
a Ferrari dealership that was right in front of Mr. Dickman who was
here earlier today as your Hearing Examiner.
So we understand their involvement, and we've had numerous
conversations and meetings with Commissioner Taylor and with this
community, and we appreciate their comments, and we've done
April 12, 2022
Page 93
everything to even go back and look at their existing PUD to find out
that there was a fallacy even on some of the buffering, and Collier
Enterprises -- we got Collier Enterprises to step in and actually put
additional hedge rows in there within their -- within the right place.
I think the developer and staff and the engineer who certified the
site missed it probably back in 2005. Nonetheless, yes, there is a
hotel that's been approved. There have been some conversations
with the community as far as the timing. Commissioners, we don't
get a whole lot of complaints on construction. But I would only ask
you, if we bring something back, understand you may be able to
address this -- and I would defer to our County Attorney's Office.
We work very closely with Mr. Klatzkow. But it may be a condition
within your PUD. It may be, you know, that you would identify
hours of construction. But you do have an ordinance that's been in
place, but that ordinance would also impact FP&L, it would impact
the county, it would impact anyone that's working in the
right-of-way. It's just construction, and it gives the hours of
construction from 6:30 in the morning till 7:00 p.m. Monday through
Saturday, and Sundays there's no construction. And we do enforce
that as well.
CHAIRMAN McDANIEL: All right. So the proposition is to
what, Commissioner Taylor? I mean, are we going to --
COMMISSIONER TAYLOR: To change -- to propose
changes where we can understand the impact of those changes, to
understand we're looking at an administrative code that was written
10, 20, 32 years ago, and maybe it's time to take a look at it again.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: I mean, I've said before in
some other proposals, I would never direct that you come back and
propose changes. I mean, you could come back and say, we took a
look at it, and we think it's fine, or we learned some lessons here.
April 12, 2022
Page 94
So I'm not prepared to vote on -- and maybe it's a matter of
verbiage, making a motion saying to come back with proposed
changes. I would back away from that and say, I look to the staff to
take a look at it. I don't think I'd ever vote against the staff taking a
look at anything we have. Just because it's dusty doesn't mean it's
incorrect, but oftentimes it could be two years old and it could be 50
years behind. And so I just -- I have a problem with saying, direct
the staff to come back with changes, because I think that gives the
impression that if you don't come back with changes, you didn't do a
deep enough dive. And I'm not implying that that's what's being said
here.
But Commissioner Saunders taught me on my very first day here
words matter, and I didn't like that day, but it turned out to be very
true, and I use it a lot, but I don't give him credit.
But I would -- I'd be very supportive of the staff taking a look at
it and coming back, and one of the options could be we don't propose
any changes. We think we have a solid process, and it was a good
lesson for us to take a look at our ordinances and whatnot and make
sure that we're doing everything to the level of the law and as
aggressively as possible, but we don't propose a rewrite of
any -- what would be your thoughts, Mr. French? I mean, this is in
your in-box.
MR. FRENCH: Well, I think what I would ask this board is,
would it be okay if we had this conversation with the Collier Building
Industry Association as well as community organizations, maybe vet
this up through the Development Services Advisory Committee for
their recommendations, and bring something back?
Clearly, Commissioner Taylor is absolutely right, there is
a -- this is just one of those unique communities where they're going
to suffer some noise. I've experienced it myself, a new home being
built next door to me. And, you know, I can tell you I didn't need an
April 12, 2022
Page 95
alarm clock when they're out there clearing land at 6:30 in the
morning. But they were following the law.
But clearly it is something we'll be happy to work with the
commissioners' office, with each one of you, and the industry
members just to see what else is going on, as well as the County
Attorney's Office, to see what other communities are doing.
And, again, as I said earlier, I apologize. I had limited visibility
on this other than some conversation with the community members
last week, or maybe two weeks ago, but we'll be happy to look at
other communities, see what our staff's recommendations might be,
but it's an old ordinance and no doubt that we should be continuing to
look at these.
CHAIRMAN McDANIEL: You know what, in review of
the -- in review of the recommendation, it's not a direction to amend.
It's a direction to discuss the potential of amending. So it's a --
COMMISSIONER TAYLOR: That's right.
CHAIRMAN McDANIEL: I'm okay with --
COMMISSIONER LoCASTRO: Me, too.
CHAIRMAN McDANIEL: -- with us going forward and
having staff -- especially if you're going to involve the CBIA and
the --
COMMISSIONER TAYLOR: Well, yeah.
CHAIRMAN McDANIEL: -- and our DSAC and so on and so
forth, so I'm totally fine with that.
COMMISSIONER TAYLOR: I think one other area, too, is
notice, whether or not it's -- you know, that if there is commercial
construction going next to residential if it's all one PUD. And, yes,
they should have read the fine print, and they didn't. Just to give the
notice, I think. And this is not faulting at all what the county's done
or even the developer. It's just I've learned a lot through this
process, and putting myself in their shoes, I thought, yeah, you know,
April 12, 2022
Page 96
it would be great if they could have known, because they would have
felt more invested in the process.
But to say also that the developer of the hotel -- and, I mean,
he -- we asked for meetings; they were there. It was never anything,
but it was always, well, we're too far down the process right now.
So it's that kind of conversation that maybe we could modify
somehow. So that's all I need to say, so...
All right. I'd like to make a motion that we ask staff to look
into amending the Land Development Code and understanding the
process that needs to be followed before it's brought back to us.
MR. KLATZKOW: More than just the Land Development
Code. You want --
COMMISSIONER TAYLOR: And the noise.
MR. KLATZKOW: Noise ordinances, administrative code, the
whole panoply of regulations that we have.
COMMISSIONER TAYLOR: Yes.
MR. FRENCH: I'm sorry. Jeff, would that also include the
right-of-way handbook?
MR. KLATZKOW: Anything that has anything to do with
noise.
MR. FRENCH: Thank you.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER SAUNDERS: I'll second that. Again, it's
just getting staff to start taking a look at it.
COMMISSIONER TAYLOR: Yes. Thank you.
COMMISSIONER SAUNDERS: That's reasonable.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we go along with the recommendation per the agenda
item. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
April 12, 2022
Page 97
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. ISACKSON: Thank you, Commissioners.
Item #12A
RESOLUTION 2022-64: APPOINT THE INITIAL MEMBERSHIP
OF THE PUBLIC ART COMMITTEE – ADOPTED; MOTION
APPOINTING ERIN WOLFE BELL (DISTRICT 1), ASHLEY
HOWE (DISTRICT 3) AND DANIEL PAPANIKOLAOU
(DISTRICT 5) – APPROVED; MOTION APPOINTING AMANDA
JARON (DISTRICT 4) – APPROVED; MOTION APPOINTING
RICKI BAKER (DISTRICT 2) – APPROVED; MOTION
APPOINTING BONNIE HAWLEY (DISTRICT 4) – APPROVED;
MOTION APPOINTING LISETTE GAITAN DIPASQUALE
(DISTRICT 2) – APPROVED
MR. ISACKSON: Item 12A. This item was continued from
the March 8th, 2022, BCC meeting. It's a recommendation to
appoint the initial membership of the Public Arts Committee.
MR. KLATZKOW: And, Commissioners, there are to be seven
members of this committee. Three should be appointed for one year,
and four members will have to be appointed for two years so we can
have the initial board staggered. And you have ample applicants this
time for your consideration.
COMMISSIONER TAYLOR: Yeah, we do. That was the
April 12, 2022
Page 98
right decision. So how do we proceed on this?
CHAIRMAN McDANIEL: Well, we have a list of more than
seven, and we have to choose seven. Am I okay with that thought
process?
MR. KLATZKOW: Yes, sir.
CHAIRMAN McDANIEL: All right. Is there a
delineation -- and I didn't spend an enormous amount of time. Is
there any description on the seven with regard to where they're from
or whether --
COMMISSIONER TAYLOR: Yes, districts.
CHAIRMAN McDANIEL: Is it --
COMMISSIONER TAYLOR: Yeah, there's districts. The
only district -- we have one who I would like to see on it from your
district, sir. Daniel Papanikolaou. Wow.
CHAIRMAN McDANIEL: Good luck pronouncing that. One
of -- my question was, maybe if we -- if we set it up similar to what
we do with the other committees, advisory committees, one member
from each district and then two at large.
COMMISSIONER TAYLOR: Except Commissioner Solis is
not here, but yes. The challenge we have is there are one, two, three,
four, five, six, seven from District 4 out of how many respondents?
CHAIRMAN McDANIEL: Right. But if we have five
members, one from each commission district and then two at large,
that would allow -- that would allow a good distribution of all of the
commissioners' represented, and then -- I mean, at the end of the day,
this is an advisory committee to this board. They're only going to
come to us with recommendations, similar to any of our other
advisory committees. So having a distribution of one per
commission district, I think, is a good way for us to travel. I mean,
we've got one from District 1, one from District 3, and one from
District 5. There's three of the seven members right there.
April 12, 2022
Page 99
COMMISSIONER TAYLOR: So -- okay.
COMMISSIONER SAUNDERS: If it makes it easier, I'll make
a motion to appoint those three to get started, and then we have the
other four to make.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER LoCASTRO: So I have -- I know the
person from District 1 has a deep resumé, a full-time resident, so I
have no objection to the District 1 nominee.
CHAIRMAN McDANIEL: Nor do I, and same with 3 and
same with 5. So let's just do those three first, and then we get
the -- and then we get to go forward on the balance. So it's been
moved that we appoint 1, 3, 5 district members. Second?
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we appoint those three members initially. 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: Well, let's -- do you want to --
COMMISSIONER TAYLOR: I'd like to appoint -- recommend
that we appoint Ricki Baker.
CHAIRMAN McDANIEL: Yeah, stay in District 4 for me
right now.
COMMISSIONER TAYLOR: District 4?
CHAIRMAN McDANIEL: Yeah. Just for the moment. I
mean, we want to get -- we would like -- pick -- if you would, please,
nominate one of those members from District 4.
COMMISSIONER TAYLOR: Well, I'd like to nominate two,
April 12, 2022
Page 100
but --
CHAIRMAN McDANIEL: Do one for now.
COMMISSIONER TAYLOR: Amanda Jaron and then -- only
because she's a working artist.
CHAIRMAN McDANIEL: I'll second that.
COMMISSIONER LoCASTRO: Yeah, that's the application I
have pulled up here. I mean, Amanda's already doing a bunch of
things, whether she's on the committee or not. She'd be a perfect add
to be a formal member, so...
CHAIRMAN McDANIEL: It's been moved and seconded that
Amanda Jaron be the district -- the rep for District 4, if you will,
please, just for now. It's been moved and seconded, Amanda Jaron.
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: Okay. Then we get to pick from
District 2.
COMMISSIONER TAYLOR: I'd like to nominate Ricki
Baker.
CHAIRMAN McDANIEL: I'm okay with that. I'll second
that.
COMMISSIONER SAUNDERS: I'm okay with that.
(Simultaneous crosstalk.)
COMMISSIONER TAYLOR: -- art organization.
CHAIRMAN McDANIEL: Sure. That's been moved and
April 12, 2022
Page 101
seconded that Ricki Baker be the primary from District 2. 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.
So there's our five reps from the five individual commission
districts. So my thoughts are, let's pick one -- another one from 2
and then another one from four.
COMMISSIONER TAYLOR: I'd like to nominate Bonnie
Hawley, and I would also -- I'm not trying to put everything in 4, but
I'd also like to nominate Paul Gower. I looked at their resumés, and
I think they both will be a great addition, bring a lot of experience
and understanding of art within the public realm.
COMMISSIONER LoCASTRO: Maybe we do want -- just
continue to do one at a time.
COMMISSIONER TAYLOR: Okay. So let's -- if we could,
with the Chair's indulgence, I'd like to nominate Bonnie Hawley,
who's at large.
CHAIRMAN McDANIEL: It's been moved -- it's been moved
and seconded that Bonnie Hawley be recommended for the
committee. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
April 12, 2022
Page 102
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
One more.
COMMISSIONER LoCASTRO: I mean, an application that
jumped out at me -- it's not somebody that I personally know at
all -- but Lisette Dipasquale. One of the things that I liked was not
only her depth in arts, but she comes from a little different side of art,
which is she's a photographer, and, you know, it's part of having a
diverse group or whatnot. So I don't know if anyone knows her
personally. I don't. But in diving into the applications, I liked how
there was a diversity in her background with marketing and fashion
and photography, and a lot of the other folks were sculptors and
painters or just had an appreciation for art. I don't know if
somebody has any more to add, but I just didn't want to gloss over
that application because it did sort of jump out at me as a unique one.
COMMISSIONER SAUNDERS: If that's a motion, I'll second
it.
CHAIRMAN McDANIEL: Is that a motion?
COMMISSIONER LoCASTRO: I'll make that motion.
CHAIRMAN McDANIEL: It's been moved and seconded that
Lisette Dipasquale be the seventh member. 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.
April 12, 2022
Page 103
(No response.)
CHAIRMAN McDANIEL: So moved. There's your seven.
MR. KLATZKOW: You need to stagger the board now.
Three one-year terms, four two-year terms. Otherwise, you'll have
everybody at the same time leave the board, potentially.
CHAIRMAN McDANIEL: Can't they do that amongst
themselves after they convene?
MR. KLATZKOW: That's your function, sir.
COMMISSIONER TAYLOR: So what is it, three --
MR. KLATZKOW: You need three members to be appointed
for one year. The remaining four members are a two-year term.
COMMISSIONER TAYLOR: So I'd like to see an art
organization, so that would both be -- would definitely be Bell and
Baker for art organizations, and then maybe Amanda Jaron, she
represents Bayshore. She's very involved and has been involved for
a long time, very passionate about what goes on there. I think she'd
be an asset for that.
CHAIRMAN McDANIEL: Those three, then, will be our
four-year term?
COMMISSIONER TAYLOR: Three -- no, two-year.
MR. KLATZKOW: Three members for a one-year term, four
members for a two-year term.
COMMISSIONER TAYLOR: All right. I'd like to see them
two years, so let's pick another one for two years. How about
Bonnie Hawley?
CHAIRMAN McDANIEL: So that's Ricki --
COMMISSIONER TAYLOR: Aaron, Amanda --
CHAIRMAN McDANIEL: Aaron, Amanda, and Bonnie as a
two-year term. It's been moved that those four be selected to serve
initially in the two-year term and the other three will be a one-year
term. Second?
April 12, 2022
Page 104
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded.
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 TAYLOR: Thank you very much.
CHAIRMAN McDANIEL: That was fairly painless. How
about if we go to lunch, because we have some young people upstairs
waiting for us?
COMMISSIONER SAUNDERS: Is that on the fifth floor?
CHAIRMAN McDANIEL: I believe it's on the fifth floor.
COMMISSIONER TAYLOR: Lunch is served.
CHAIRMAN McDANIEL: And then we come back and take
care of the balance of our business at 1:05.
(A luncheon recess was had from 11:59 a.m. to 1:06 p.m.)
CHAIRMAN McDANIEL: You guys all ready to go?
MR. ISACKSON: Chairman and Commissioners, you have a
live mic.
CHAIRMAN McDANIEL: There we go.
Item #10A
PROVIDE ADDITIONAL STAFF DIRECTION REGARDING
THE COUNTY MANAGER RECRUITMENT PROCESS -
April 12, 2022
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MOTION TO APPROVE THE LIST OF TOP 7 CANDIDATES
FOR FURTHER VETTING – APPROVED; STAFF TO BRING
BACK AN UPDATE REGARDING THE VETTED LIST AT THE
APRIL 24TH BCC MEETING – CONSENSUS
MR. ISACKSON: That brings us to 10A, Commissioners. It's a
recommendation to provide additional staff direction regarding the
County Manager recruitment process, and Ms. Lyberg will present
some opening remarks.
MS. LYBERG: Good afternoon, Commissioners. For the
record, Amy Lyberg, Human Resources director. I'm here to
provide an update today on the recruitment for the County Manager
position.
We closed the position on March 31st after it being open about
five weeks with a total of 40 candidates. You received those
candidate information via electronic form March 10th, March 28th,
and then again on April 1st with the last of the candidates.
So we are back today to give you an update on where we stand
with the recruitment. Each of you has provided some feedback on
your short list of candidates yesterday -- with the exception, I think,
Commissioner LoCastro may be still looking at his candidate
selection and has not provided those, but I can give you a short list,
and we'll put that on the visualizer today in terms of where we stand
with that group of candidates.
So we have a short list between four and nine candidates that
are -- that have been selected by Commissioner Solis, Commissioner
Saunders, Commissioner Taylor, and Commissioner McDaniel. And
I think we're looking for some direction on how you'd like to proceed
from here with a thought still in mind of having a new County
Manager selected to begin in June of 2022.
COMMISSIONER LoCASTRO: Well, I'll jump in, since my
April 12, 2022
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picks aren't on there. I'll -- I mean, I could get my picks in the next
24 hours and then, you know, we can do something off-line or
whatever. I mean --
CHAIRMAN McDANIEL: It's kind of tricky for us to do
anything off-line, sir.
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN McDANIEL: The premise was -- the rationale, at
least the rationale that I had coming in here today was that we would
all, as per the previous process, submit our short list as Amy referred
to them, and then go forward with even maybe a reduction based
upon commonalities of names that were making it through the short
list process to be able to go ahead and move forward with, because
the -- I didn't -- specifically, I didn't want our HR Department to go
review resumés and background checks and everything on 40
applicants, or whatever that number actually was. I wanted that to
be the next step after a consensus of who we were going to -- who we
were actually going to go forward with was. So it makes it a little
bit tricky to actually have that and then -- without knowing
what -- without knowing what your --
COMMISSIONER LoCASTRO: When's our next break, and I
can give you my names? You know, does that work, and then we
could -- at the end of the --
CHAIRMAN McDANIEL: The next break today?
COMMISSIONER LoCASTRO: Yeah. Do you think we're --
CHAIRMAN McDANIEL: I think we're about done. Isn't this
the last -- this is the last agenda item.
COMMISSIONER SAUNDERS: Why don't we -- this is
important. Why don't we take a 10-minute recess. Do you need
more than a few minutes or 10 minutes?
COMMISSIONER LoCASTRO: No.
COMMISSIONER SAUNDERS: Why don't we take a
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10-minutes recess, submit the names, and then have them typed up so
we can all have it.
CHAIRMAN McDANIEL: We'll be back at -- I'll give
you -- how's nine minutes?
COMMISSIONER TAYLOR: That's great.
CHAIRMAN McDANIEL: 1:20. They don't pay attention to
my timing anyway. Thank you.
(A brief recess was had from 1:10 p.m. to 1:21 p.m.)
MR. ISACKSON: Commissioners, you have a live mic.
CHAIRMAN McDANIEL: I think maybe we'll start to
implement a permanent fine for coming back late.
COMMISSIONER LoCASTRO: Andy's in a lot of trouble.
He owes us a lot of money.
CHAIRMAN McDANIEL: I used to do that with my golfing
buddies. If you weren't at the golf course 10 minutes before tee
time, you had to pay for the round or something along those lines.
COMMISSIONER SAUNDERS: I was in the room.
CHAIRMAN McDANIEL: Huh?
COMMISSIONER SAUNDERS: I was in the room.
CHAIRMAN McDANIEL: True. True.
COMMISSIONER SAUNDERS: That's all that really counts.
CHAIRMAN McDANIEL: Okay. Now we have our full list.
And thank you, Commissioner LoCastro --
COMMISSIONER LoCASTRO: Sorry about that.
CHAIRMAN McDANIEL: -- for putting it out and getting that
information to us.
Ms. Amy, do you want to -- do you want to editorialize, or do
you want me to?
MS. LYBERG: I can certainly go through, now that we have
everybody's selections. You have two candidates that are on all the
commissioners' lists. That would be Amy Patterson and George
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Yilmaz. You have two candidates as well who are on four
commissioners' lists, Greg Chavarria and Daniel Rodriguez. The
rest -- and I can actually switch this out, if it makes it a little easier.
I've got a different chart that's got some Xs on it. It may make it a
little easier to see who the top candidates are from the list.
CHAIRMAN McDANIEL: And that concurs with my count as
well. I had -- and then Howard, Puente, and Sossa -- Howard and
Puente each had two nominations, if you will, or short list, and then
Sossamon had three.
MS. LYBERG: So I think from here, Commissioners, we are
seeking to know if you'd like to narrow this list down and continue on
with the recommended process to start the interviews, that could start
as early as this week through April 25th, and then collectively
determine the candidate finalists at your next meeting two weeks
from today and then determine as well if you want the final
candidates after those interviews and you've done that to come back
either May 10th or May 24th for a final presentation to the Board
before you make your hiring decision.
CHAIRMAN McDANIEL: Well, I'm certainly interested to
hear what my colleagues have to say. But I think if I recall our
process the last time, it takes three, minimumly, to have a nod as our
next county manager, and this list, evidence -wise, there are five that
have at least three, and then there are four that have four or five.
COMMISSIONER TAYLOR: That's a good way of looking at
it.
COMMISSIONER SAUNDERS: So create a list of the folks
that have three.
COMMISSIONER LoCASTRO: Three or more.
CHAIRMAN McDANIEL: Three or more. From this
rendition of short list there are a total of five people, per my count. I
hope I'm correct, Ms. Amy. And I believe that's pretty much how
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we -- how we pared the list back the last time. If I recall, it takes a
minimum of three votes in order for someone --
COMMISSIONER SAUNDERS: That's correct.
CHAIRMAN McDANIEL: -- to be nominated as the next
manager. So in my -- in my calculations, Sossamon, Yilmaz,
Rodriguez, Patterson, and Chavarria, if I pronounced that correctly.
COMMISSIONER TAYLOR: Sossamon?
CHAIRMAN McDANIEL: Sossamon had three.
COMMISSIONER TAYLOR: He has three, yeah.
COMMISSIONER LoCASTRO: Am I right that I'm looking
at -- we only have -- we have two people with two or am I -- am I
missing something?
CHAIRMAN McDANIEL: Howard and Puente --
COMMISSIONER LoCASTRO: Howard and Puente.
CHAIRMAN McDANIEL: -- have two. The other -- well,
this list is there. So I'm inclined to go with those five people to have
our staff have our HR -- you okay, Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, I'm sorry. I just --
CHAIRMAN McDANIEL: Did you hit the panic button?
COMMISSIONER TAYLOR: Yes, I did.
CHAIRMAN McDANIEL: When security comes running in
here, it's all because of Commissioner Taylor.
COMMISSIONER TAYLOR: I do apologize.
Yeah, I have a question, because I talked to Ms. Lyberg
yesterday in my office. I thought we were going to narrow it down
and then do background checks on the finalists.
CHAIRMAN McDANIEL: Correct, that's what we're doing
right now.
COMMISSIONER TAYLOR: Okay. Before -- before we
interview them.
CHAIRMAN McDANIEL: That's correct.
April 12, 2022
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COMMISSIONER TAYLOR: Which means it's not going to
be a two-week at all, but that's okay. I mean, we're not that pushed.
I mean, this is the beginning of April, so --
CHAIRMAN McDANIEL: Well, the -- per my thought -- she
changed -- she delineated differently than what I had in my mind.
But in my mind today was us come together --
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: -- and pick the final short list, at
which point HR would go forth and review resumés and background
checks and all of the documentation provided, come back to us with
that list that yes --
COMMISSIONER TAYLOR: That was my understanding.
CHAIRMAN McDANIEL: -- those all check out and are okay,
and then we could, then, necessarily move into the interview process.
Because I don't have any interest in going through interviews
without -- without that preliminary HR work done.
COMMISSIONER TAYLOR: Right. And I think it's very
important to have as even a playing field as we can have, which
means we know the internal candidates have had all the background,
you know, cleared, obviously, but, we have some external candidates
that I think need to be vetted, and then we can approach this in a very
methodical fashion. Thank you.
CHAIRMAN McDANIEL: Well, first of all right, agreed.
Commissioner Saunders.
COMMISSIONER SAUNDERS: We only have two external
candidates on this list.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: The three internal, I'm sure,
have been vetted or easily vetted, because they've been here most of
their lives. So I don't think timing is going to be significant in terms
of how much time staff's going to need. You've got two candidates.
April 12, 2022
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I can't imagine it takes more than a couple of weeks to do all the
vetting that you need to do on two people. Would that be an
accurate statement?
MS. LYBERG: So, Commissioner, I would like to talk about
what kind of vetting you'd like to do, because there are some things
that we already have the capabilities of doing that are part of our
vendor process, and there are some things that we would have to go
out and seek some other support for depending on how much
background screening you would like to do. So let me put
something up on the visualizer that talks about what we have and
what we could do if you so desire to look at those two external
candidates a little more thoroughly than what we've got.
So typically our process would not be to screen applicants until
such point as a decision has been made, but if you are making that
decision that you'd like to do that now, what we would do is to those
two external candidates is reach out and gather the needed
information from each of them to do a background screening.
Our current vendor allows us to do a prior employer verification;
education verifications; professional licenses if they have them; a
driving record check; a social security screening; national statewide
criminal checks; the sexual offender registry checks; consumer credit,
though, that's not something we typically do with any of our
candidates unless it is a financial position, and we are often very
cautioned about using any findings from a consumer credit report to
make a hiring decision; workers compensation claims; and salary
search and verification.
What we don't do right now is the civil records search for
litigation at federal or county level, bankruptcy and credit searches,
Internet or social media, and newspaper or publications. And if you
want to do some of those, I think we'd have to find a vendor. We
actually have a vendor that we've learned of from another
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municipality that has somebody that can do this for us. We would
just have to go through the process through procurement to see if we
were going to do that to seek their services for the two external
candidates.
COMMISSIONER TAYLOR: And the newspaper publication,
what exactly is that? With the -- where is that in this background
checking?
MS. LYBERG: Typically, Commissioner, that would be you'd
go and look to see if their name falls in publications. What -- you
know, was part of the news -- you know, news -- what was part of
media in regards to --
COMMISSIONER TAYLOR: Okay.
MS. LYBERG: -- anything having to do with that individual.
COMMISSIONER TAYLOR: I would think Internet and
social media is very important.
CHAIRMAN McDANIEL: It depends on which Internet and
social media you're perusing.
COMMISSIONER TAYLOR: Well, they would look at it all.
CHAIRMAN McDANIEL: Yeah. I don't know. I mean,
I'm -- what do you think? I don't know what -- wait a second.
Commissioner Saunders, are you okay with the answer you got there
with regard to the vetting process?
COMMISSIONER SAUNDERS: Yeah. You know, the top
list, I think, I agree that the Internet and social media, there should be
some review of that. That would require reviewing both the fake
media and the other fake media, both fake medias. But, yeah, I think
with the top list and that, Internet/social media search would be more
than sufficient.
CHAIRMAN McDANIEL: And, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I would support the
additional four. I don't think we want to leave any stone unturned,
April 12, 2022
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and I can tell you the company that you found the municipality -- and
I think I know which one it is -- it doesn't take six months to do this.
And I think we want to cover ourselves and also get the information,
most importantly. But cover ourselves to make sure that, you know,
we don't leave anything out, because if we, sort of, cut a little corner,
go, ah, we don't need those additional four, and then maybe in the
unlikely event, you know, something does pop up, we open ourselves
to, wow, why didn't you do a full vetted, you know, check? And I
don't think adding these other four is a million dollars, and I don't
think it's an extra six months. So that's how I feel.
I also wanted to just make a comment and say, I know we're
trying to keep this clean as far as, hey, you know, the person with
five votes, no-brainer, person with three votes, but I'm sitting here
looking at Howard and Puente, who I didn't have on my list, but two
other commissioners did. And, you know, I don't -- and I'm opening
this up for just conversation. Other panels I've been a part of in past
lives, military and civilian, sometimes when you only have, like, two
that sort of just missed that one vote, oftentimes you offer to the
people that did have them on the list, hey, was there something we
missed? You obviously thought highly of them. And not that we're
here politicking for the candidates, but sometimes just a more generic
conversation. Hey, I had them on my list because I don't know if
you saw, they caught my eye because of A, B, C, D, and E.
And often when I've been part of those panels, the people that
didn't have them on a list at times have said, wow, I didn't catch that.
So, I mean, I sit here and say, if we only have two additional
candidates that got two votes, I'm curious as to what my colleagues
saw in them, because it does interest me, or, you know, I'd make
the -- not a proposal, but just float the idea of what does it cost us to
add two more external candidates, which is what they are, to the -- to
our list, and maybe we have a more balanced list of candidates. I
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don't think two more people, you know, increases this by a billion
dollars or six more months. But, obviously, two of my colleagues
thought enough to pick these two folks.
So before we just sort of brush over them because they were one
vote short, you know, this is supposed to be a conversati on. But if
we want to just keep it, hey, the number of votes, the number of
votes, and that's it, all said and done, but I don't want to miss out on
two candidates that clearly I have two colleagues that thought highly
of them.
And also, too, we weren't fair in the amount of numbers. I
mean, you know, I could have given two more names, and maybe
those would have been the two. And then -- you know, so, I mean,
we had a little bit of a variation in how many finalists we gave.
So I'm sitting here wondering if -- you know, before we just pass
over these two candidates, if the two commissioners that had them on
the list had anything to add or if the Chairman thinks it's appropriate
to even have that conversation.
CHAIRMAN McDANIEL: It's certainly appropriate to have
the conversation. I don't think it's unfair one way or the other. I
mean, we didn't specify how many -- how many make your short list.
You could have made a nomination for County Manager, and we
could be voting right now.
So it's -- the distance is -- or the amount is not requisite. You
know, I picked -- both of those people that had two votes were -- and
I can't tell you off the top of my head -- sorry?
COMMISSIONER TAYLOR: Sossamon is one of them.
CHAIRMAN McDANIEL: Well, she has to go back up with
my list that I already turned in.
COMMISSIONER LoCASTRO: I think Sossamon had three.
CHAIRMAN McDANIEL: Sossamon had three.
COMMISSIONER LoCASTRO: Howard and Puente had two.
April 12, 2022
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CHAIRMAN McDANIEL: Howard and Puente had two.
COMMISSIONER SAUNDERS: I think I had both of those
that had two on my list.
COMMISSIONER TAYLOR: I didn't realize Sossamon had
three. Yeah, he does.
CHAIRMAN McDANIEL: Okay. And, by the way, those
were -- when I talked -- in our previous process, we went with -- we
went with candidates that received at least three votes, in this -- in
this paring of the total amount on the requisite that it took at least
three for an actual nomination of County Manager. So I'm just
trying to stay with the process.
Again, I don't have -- I don't have why I -- I mean, there was
something about their application, their cover letter, their
qualification, something that, obviously, had to make my short list, if
you will, so -- but I'm totally fine if we, as a group, decide to --
COMMISSIONER LoCASTRO: How many did you ask us
for, Amy? Did you say five?
MS. LYBERG: I think we recommended five, but obviously --
COMMISSIONER LoCASTRO: So -- and the reason I say that
is, I don't have my notes here in front of me, but I stuck to the five.
And so -- but, you know, when I see that other folks added some
extra, I don't take any exception to that. But if I had to add an extra
two right now, I remember these two I didn't have sort of in Pile, you
know, B, as I was trying to narrow down. And so if I would have
taken the liberty to take an unlimited number, it's very likely I would
have had Howard and Puente in my top seven.
And so -- and I'm looking at other names that got one. None of
those were my finalists. And so -- but Howard and Puente, you
know, before we -- this is a big decision. And I think also, too,
we've all, you know, been part of these panels. Sometimes adding a
few more to the mix, either you find a diamond in the rough -- you
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know, obviously two commissioners thought enough to make these
two people their finalists, but also sometimes it makes it easier to sort
of narrow down the actual pick because it's a good competition.
So I think, you know, to me seven, I don't think is beyond the
realm. And like I said, Howard and Puente I almost leaned on them,
but I wanted to stick to the five, so that's another reason why I'm
bringing it up here. So, I mean, if I followed, you know, the
unlimited number or at least the bigger number, I could put two
checks on that box right now, and now all of a sudden they'd be in the
finals. I just want to see if that has any, you know, support from the
other commissioners here, especially the ones that picked two of
them, because I certainly leaned hard in their direction a s well.
COMMISSIONER SAUNDERS: It can't hurt us to have a
more diversified list.
COMMISSIONER TAYLOR: No.
COMMISSIONER SAUNDERS: So adding two --
CHAIRMAN McDANIEL: Adding two's not a problem.
COMMISSIONER LoCASTRO: And I think with three locals,
that's a little less work to do in the search, so, I think, you know,
adding the two others -- so I actually -- I mean, to move things along,
I'll make a motion that we have the top seven, and that the two
candidates -- the only two candidates that had two votes be added to
the mix.
COMMISSIONER TAYLOR: I'll second that motion.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that those seven people -- yeah, it's a total of seven -- those
seven people be moved to the short list, if you will, the final list -- not
the final list, but the short list to have the background checks and
such done.
Any other discussion? Commissioner Saunders, you were lit
up.
April 12, 2022
Page 117
COMMISSIONER SAUNDERS: I was lit up just to say what I
did about no harm.
CHAIRMAN McDANIEL: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: You're good?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
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.
Now, my suggestion would be to -- unless -- are you clear on
what you're supposed to do next?
MS. LYBERG: Probably I will restate it, and you can correct
me if I'm wrong. We're going to go back and start the process with
our external candidates to do a background screening on the four that
are now coming in from the outside to include four additional
searches, which would be civil records, bankruptcy, Internet and
social media, and newspaper and publication working with an outside
vendor. Now, it's possible that in that process, Commissioners,
some of the individuals who are on the list may choose to opt out at
this point, and if so, we will let you know that.
COMMISSIONER TAYLOR: That's the whole point, isn't it?
MS. LYBERG: Because, again, you know, just even to
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interview, they may decide it's not the time for them to go through
this process, but we will let you know that and then probably come
back in two weeks with an update on where we stand in getting those
done.
COMMISSIONER TAYLOR: And so you're going to let
them -- everybody on the outside know that they've made the final
five?
MS. LYBERG: Correct.
COMMISSIONER LoCASTRO: Seven.
COMMISSIONER TAYLOR: Seven.
COMMISSIONER LoCASTRO: Can I just add one thing
here?
CHAIRMAN McDANIEL: I just want to make one comment
before you go.
COMMISSIONER LoCASTRO: Yes, sir.
CHAIRMAN McDANIEL: And this is the count -- because
you said something about a list of five. And I -- in my review of
Amy's emails that I have right here, I don't see any number other than
rank the candidates and provide the list to me by noon yesterday.
COMMISSIONER LoCASTRO: That's why I was asking,
because -- and maybe I was thinking of previously. That's why --
CHAIRMAN McDANIEL: Previously it was. We had said
let's pick five, and then we went through that list. But this particular
time there was no limit on the candidates that were -- that were to be
provided by the Board. So I just wanted --
COMMISSIONER LoCASTRO: And I feel even better about
adding the two, because if I would -- maybe I was just having a
flashback from the last time we did this. I think I would have added
those two, because I remember looking several times at
their -- anyway. So maybe it's a moot point.
CHAIRMAN McDANIEL: It was just a point. You know, I
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was -- I had had conversation with the County Manager about the
process, and that once we closed the application, I didn't want that to
be a dead period for us to come here today and then go do what we've
already done, so...
COMMISSIONER TAYLOR: And, Mr. Chair, I wonder if you
would repeat for the public exactly how many applications we have
and what we've now narrowed it down to.
CHAIRMAN McDANIEL: Absolutely. Well, just for all
three people that are watching, we had 40 total applications that were
submitted. And I want to say -- and I know we all agree. I can say
this for all my colleagues how appreciative we are of the folks that
took the time. It's an arduous process, applying for a job at all. And
so -- and it takes a lot to do that, so -- and I went through all of
the -- all those 40 applications had an enormous amount of reading,
so...
And now what we have done, and we had agreed to, once we
closed the application process, which was on March 31st, we all
reviewed and came back with a list of candidates that we would like
to see, and then we -- our HR Department took all five of our lists,
compiled them, and this is the list that you see up here in front of us
of who made each one of our individual commissioner's short lists, if
you will, and then we have agreed for -- there are a total of seven of
the 40 applicants that made at least two of the commissioners' lists,
and that -- and two of those -- three of those seven candidates are
outside applicants; am I correct in that?
MS. LYBERG: Sir, I believe it was four.
CHAIRMAN McDANIEL: Excuse me. Four of them are
outside applicants, forgive me, and so those four, we're going to
move forward on the -- on the background checks and investigations
for information that was provided with their applications to ensure
that they -- I assume that nobody made it to us that didn't qualify for
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the minimum set of terms and conditions.
MS. LYBERG: We actually did not do any screening for this.
We took everybody that came in and provided those so you had a
chance to review all of them.
CHAIRMAN McDANIEL: Okay. That screening will
then -- everybody that I picked was in the -- was in the list of
minimum qualifications so -- having met those. So that -- and so
that is necessarily what we're going to do next . You're going to
go -- and I want to hear from the Board, what's the pleasure
after -- do you want to wait for two weeks, give -- is that sufficient
time for you to do the background checks and so on for the four
outside candidates?
MS. LYBERG: I can't -- until we actually go back and talk to a
vendor who can do some of these things, for the additional screenings
that you requested today, I'm not sure if two weeks is going to be
sufficient amount of time to go through that process.
CHAIRMAN McDANIEL: Will you put that screening thing
back up on the visualizer for us?
COMMISSIONER LoCASTRO: Can I make a comment?
CHAIRMAN McDANIEL: Certainly.
COMMISSIONER LoCASTRO: Now, I know this -- don't
throw spears here, but I want to talk about something that's very
sensitive here in the room. But it's easy to say we have three
candidates that have worked here for the county a long time, but we
had an employee here that worked for the county at the highest
possible level, and, you know, if maybe some vetting would have
been done, maybe we would have caught some things sooner.
I would actually float out there that all the candidates, whether
they're internal or external -- this is nickels and dimes. And if a
company's going to look at four people, I don't think the three that
work for us should be excluded. I think it helps them to know that
April 12, 2022
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they were vetted and that they have a clean record. Just because
they've worked here for 20 years, maybe in the last three years
they've done really bad things on social media. Maybe they have a
bankruptcy we didn't know about. Maybe they have some sort of
civil records litigation-type thing that they've kept hidden from their
bosses like a previous employee had done here recently.
I think it covers all of us to treat all seven candidates -- and I
don't think it will slow down the process at all, because that
contractor that does that -- and as one of the commissioners said,
maybe Commissioner McDaniel, I think we've got the time to do this
extensively, thoroughly, and it only helps the candidates to say, hey, I
worked for the county 20 years, they did a full search just like I was a
stranger, and I've got a clean bill of health.
I don't think we should sort of pick and choose and have a
different standard for somebody that's worked here. Yeah, some of
them were vetted the day they were hired. We're not vetted every 12
months here. I could do some -- I could rob a bank here tomorrow,
and if nobody ever knew about it here, you know, it would
never -- maybe nobody would ever catch that in my police record.
So I think with only seven candidates, we should treat them all
equally and do a complete search on all seven.
CHAIRMAN McDANIEL: I think so, too.
COMMISSIONER TAYLOR: I'm comfortable with it.
CHAIRMAN McDANIEL: Yeah.
COMMISSIONER SAUNDERS: No worries with that.
MS. LYBERG: If I may, there's a lot of things that are part of
background screening process that I think we're going to probably
need to coordinate with the County Attorney's Office to ensure that
we are not putting -- when we get to the end of this process, that we
are properly handling any documentation and records that are found
so that we are in compliance with the law, Fair Credit Reporting Act
April 12, 2022
Page 122
and the like, in a manner that is consistent with whatever needs to be
communicated for decision-making purposes.
COMMISSIONER LoCASTRO: You brought up a good point,
though, Amy. When you notify these candidates that we're about to
do a background search on them, don't be surprised if, when one of
them sees how extensive of one we're going to do, if somebody
does -- and that's their right. They could say, oh, I didn't know you
were going to do that deep of a dive, and they may not have anythin g
to worry about, but they may just feel it's an invasion of privacy. I
don't think so. I think when you apply for this job you open yourself
up.
But I think that is the process. You're going to let them know
that they're a finalist, and this is the next step, and they have the right
to say, ooh, okay, no, I actually don't want you to do that. So I
wouldn't be -- it wouldn't shock me if we were down to six. I hope
not. But I think we have time to do it, so -- and you're under no gun.
I don't think anybody here is saying come back in two weeks and
make sure it's all done. If the contractor says we need more time, I
think we've got a nice window here.
And the other thing I will say is if you looked at the 40
candidates -- for anyone who's listening -- one of our goals was we
didn't want -- we were hoping we got a diverse group, not 39 internal
candidates and then one person from the City of Naples. Heck, we
had applications there from people that had Alaska experience in
their background. So I was really impressed with the diversity.
Some of them, you know, weren't on any of our lists for a reason.
But I think that makes you feel better about the five or the seven.
But, you know, I think an exhaustive search from everybody is
the way to go to keep it fair across the board, and obviously you're
going to let the seven candidates know what we're about to do --
CHAIRMAN McDANIEL: Right.
April 12, 2022
Page 123
COMMISSIONER LoCASTRO: -- or what you're about to do.
MR. KLATZKOW: And just for clarity, we don't need to come
back to the Board for approval of a vendor. Amy's got the authority
to go out and get whatever vendor she deems appropriate.
CHAIRMAN McDANIEL: Right. And then minimally plan
on a report at our next meeting --
MS. LYBERG: We can do that.
CHAIRMAN McDANIEL: -- on how the vetting's going, what
the time frame is. Obviously, we'd like to have it done by the next
meeting so we can move into the interview process, because that's
going to be, you know, a time for us to go through as well, so...
COMMISSIONER TAYLOR: So how are we going to do this
with the interview process? Are we going to -- as I remember it,
there's interviews within this chambers, and then there's individual
interviews. So which comes first? Interviews in the chambers, and
then that same day you interview -- I mean, it can't be a meeting day.
It has to be another day that we do this.
And then we would individually meet with all the candidates.
So they would give us maybe a 20-minute or 15-minute presentation,
then we'd go to the individual interviews, each of us would interview
them at almost a round-robin, and then we would have our decision.
So it's a day, but it's a working day. Do you have any concepts
about that?
CHAIRMAN McDANIEL: Well, you know -- I'd like to talk to
the County Attorney a little bit about that as well. But, you
know -- and that's also one of the -- when we did this the last time,
that's pretty much why we stayed with three
recommendations -- three commissioners recommending or above
and not going into -- not to slight those that have two, but it takes
three just to even have the ball.
COMMISSIONER TAYLOR: So we're going to short list it
April 12, 2022
Page 124
again, you think, after that?
CHAIRMAN McDANIEL: That's my thought process.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: I kind of sort of think that's -- but,
again, we've already voted on the seven, so that's that, so...
MR. KLATZKOW: And my suggestion would be that each of
you separately speak with the candidates and then give Amy another
sheet, and whoever makes three on that sheet is when you publicly
interview. It's just -- it will further narrow your group.
COMMISSIONER LoCASTRO: Can I just add, I think that
that's the piece of it. So Piece No. 1 is Amy -- the way I understand
it -- you're going to inform the seven candidates and let them know
the depth of background we're about to do, find out if any of them are
going to drop out, and then you could let us know, hey, all seven of
them are being vetted.
Then once they all pass that vetting, then we interview whoever
passed. So hopefully it's still seven. Then we interview those
people, and then I think the next step is exactly like the County
Attorney said. Then maybe you come back to us and say, who are
your top three or four, and then those are the folks who get to speak,
you know, here, and then we pick the finalists.
That's the way it sort of was in my mind, and I think that was
similar how we did it previously. But I think that's sort of the -- I
mean, that's the best sequence of events I could think of. I couldn't
imagine it a different way. But, I mean, I bow to my colleagues
here, but I think, you know, you go on with this vetting and then let
us know how many we're going to interview in person. We try to do
it as quickly as possible, and then give you a second sheet so that we
don't have seven people -- because I think we all learn in the
interviews -- you know, a resumé gets you the interview, the
interview gets you the job. And there were some people that were
April 12, 2022
Page 125
on all five of our lists last time, and after the interview, they weren't
in the finals because the interview, you know, face to face certainly
showed us a lot.
So that would be my thought: Vet, interview the people who
pass the vetting, then we skinny it down. Those are the people who
make presentations here, whether it's three or four, I think the
number -- the sweet spot is somewhere in there when you have seven
candidates, and then, you know, you vote.
CHAIRMAN McDANIEL: Well, my -- you know, just looking
at the calendar, we've got basically -- depending on when we want to
have this decision come to fruition. Our current County Manager's
departure is July 1st, correct?
MR. ISACKSON: Yes, sir.
CHAIRMAN McDANIEL: Okay. So -- and then -- and so we
basically have two-and-a-half months to go through this -- to go
through this process. There isn't a rush, but there isn't --
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: There isn't a need for us to
rush -- or panic -- thank you -- is a really good word. So I think -- I
don't know. Do we want to -- do you want to go into a
full-blown -- I really -- I personally don't really want to go into an
interview process until after the screening and the background checks
and things.
COMMISSIONER TAYLOR: Oh, yes --
COMMISSIONER LoCASTRO: Oh, yeah, absolutely.
COMMISSIONER TAYLOR: -- not until after. That
was -- when I read the executive summary, I was a little confused.
Yeah, that's what I would like. You know, do the background, get
all that squared away, then we go into interview process and know
that maybe some of them are traveling. And, you know, if they want
the job, they can travel, but it might be an idea to carve a day out
April 12, 2022
Page 126
where they would come in and interview with us.
CHAIRMAN McDANIEL: Well, let's make that decision at
our next meeting --
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: -- at our second meeting in April.
Get a report from Amy as to estimation of -- I mean, I can't imagine
that it would take a month or longer than a month before our first
meeting in May to actually do the backgrounds and the screening.
MS. LYBERG: I think that's a reasonable amount of time to
complete this.
CHAIRMAN McDANIEL: Okay. So let's have another
discussion on -- at our second meeting in April, and then -- and have
a better idea then as to when we can -- when we can actually move
into the interview process.
MS. LYBERG: And, Commissioners, just as a reminder that
after you had made your decisions about who you were going to
interview, we'd put information out to each of them to self-schedule.
You gave us a list of dates on which -- and you had a time frame by
which they were going to interview. We allowed them to
self-schedule with your executive coordinator so that you could get it
done by a specific date and be ready for that discussion.
CHAIRMAN McDANIEL: And I don't recall -- and that's what
we did the last time. But I don't think -- we didn't have anybody
traveling from Alaska or anywhere else that was coming, so we have
to accommodate if one of those three external candidates doesn't live
here, I think Commissioner Taylor's suggestion of a day that -- you
know, if they don't make the final short list, a day for them to come
and interview with us. I think that would be -- I think that would be
a fine way to go for us to better accommodate someone who might be
traveling in for the interview process.
What do you think, Commissioner Saunders?
April 12, 2022
Page 127
COMMISSIONER SAUNDERS: I don't really have any
particular thought on that.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: I think what you laid out is
Amy's going to come back in two weeks, kind of let us know what
the lay of the land is, and then we can make some decisions then. I
think that makes sense.
CHAIRMAN McDANIEL: Okay. I'm all right with that. So
you'll come back to us, then, at our second meeting in April?
MS. LYBERG: Yes, sir.
CHAIRMAN McDANIEL: Okay.
MS. LYBERG: Thank you.
CHAIRMAN McDANIEL: So there we have it.
MR. ISACKSON: Thank you, Commissioners.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. ISACKSON: That brings us to Item 15, staff and
commission general communications. I have one item, just a
reminder, Commissioners, that your CRA workshop is May 3rd.
May 3rd. We had talked about that a while back, and I wanted to
make sure I offered up the reminder. I'm thinking that it may have
been overlooked, so May 3rd, your CRA workshop.
That's all I have.
CHAIRMAN McDANIEL: Thank you, sir.
County Attorney?
MR. KLATZKOW: Nothing, thank you.
CHAIRMAN McDANIEL: Commissioner LoCastro?
COMMISSIONER LoCASTRO: No, sir, nothing.
April 12, 2022
Page 128
CHAIRMAN McDANIEL: Commissioner Taylor?
COMMISSIONER TAYLOR: Nothing.
CHAIRMAN McDANIEL: Commissioner Saunders?
COMMISSIONER SAUNDERS: Unfortunately, I have one.
COMMISSIONER TAYLOR: There's always one.
CHAIRMAN McDANIEL: I have one, too, so you're not
alone.
COMMISSIONER SAUNDERS: Hopefully this won't take too
long.
I've had a couple meetings with some folks concerning the
successful sporting events that have been held in Collier County and
also some of the problems that have been associated with competing
sport events being held at the same time that's resulted in difficulty in
finding hotel rooms and creating a real logistical problem.
And the suggested solution -- and I think it's a -- I think it's a
good one for us to look at. I don't know all the details. I haven't
done the research.
But in Lee County they do have kind of a sports council, and
they have a staff person or two that is involved with making sure that
if there is a sporting event -- a major sporting event at one of their
major facilities, it's not competing with another sporting event where
hotel rooms might become very difficult.
We have Paradise Coast that's going to have a tremendous
number of things going on. You've got pickleball tournaments.
Then you've got a lot of other organi zations that have a lot of major
sporting events, golfing tournaments and things like that.
And so the thought was that, why don't we take a look -- have
staff take a look at how they've structured this in Lee County -- that
should be fairly easy to determine -- come back with just how Lee
County handles this, because apparently it's a pretty good model, and
kind of give us some thoughts as to how we might help facilitate
April 12, 2022
Page 129
maintaining a lot of these major sporting events in the county without
having them overlap in a way that creates logistical problems, and
that's been the request from hotel operators in particular because
they've had periods of time where they just could not accommodate
folks coming in for these events.
So I would like to ask Board approval to have staff take a look at
the Lee County model for coordinating sporting events in Lee County
and see how we might duplicate or look at something similar if it
makes some sense.
CHAIRMAN McDANIEL: I think it's prudent. Totally
prudent.
COMMISSIONER TAYLOR: It's a great job.
CHAIRMAN McDANIEL: Totally prudent. I have a caution
of picking and choosing winners and losers. That's the only caution
that comes into play when you have that, but I think if we have
multiple people that are doing it and there's a holistic view to the
whole community then --
COMMISSIONER SAUNDERS: The concept is for everybody
to be winners.
CHAIRMAN McDANIEL: Agreed, and that's the goal. That's
the goal.
COMMISSIONER TAYLOR: I would agree. I would agree.
Thank you.
CHAIRMAN McDANIEL: I just wanted to say thank you, by
the way. There was an item that came through on the consent
agenda, F3, 16F3, and we are -- we are contributing to an inaugural
event for the Collier County Farm Bureau --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: -- out at the fairgrounds, and it's an
inaugural event. It's the Southwest Florida ag festival and rodeo, as
it's scheduled for Friday, April 29th for an evening rodeo and then
April 12, 2022
Page 130
again on Saturday for the festival during the day and another evening
rodeo, and it's all out at the Collier County Fairgrounds. And I just
want to say congratulations to that organization. And we're all really
looking forward to having that -- to having that inaugural event go
on. Agriculture -- well, look at the artist in the back. That's a large
portion of what we do here. Agriculture's a huge industry in our
community, and I just want to thank you all. And from the director,
Matt, the executive director of the Collier County Farm Bureau, I
want to say thank you.
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
RECORDING THE MINOR FINAL PLAT OF SABAL BAY
PARCELS 1-5, APPLICATION NUMBER PL20210000143
Item #16A2
RECORDING THE FINAL PLAT OF ANTILLES 2,
(APPLICATION NUMBER PL20210002458) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE PERFORMANCE
SECURITY IN THE AMOUNT OF $338,421.05
Item #16A3
April 12, 2022
Page 131
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER FOR ADDIE'S PLACE
COMMERCIAL, PL20220000816
Item #16A4
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER FACILITIES FOR THE
BURGER KING #7519 @5055 GOLDEN GATE PKWY,
PL20220000697
Item #16A5
FINAL ACCEPTANCE OF SEWER FACILITIES, AND ACCEPT
CONVEYANCE OF SEWER FACILITIES FOR COURTHOUSE
SHADOWS UTILITY RELOCATION MANHOLE #2,
PL20210001940
Item #16A6
FINAL ACCEPTANCE OF POTABLE WATER UTILITY
FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER UTILITY FACILITIES
FOR THE DESTINY CHURCH, PL20210001737
Item #16A7
April 12, 2022
Page 132
RESOLUTION 2022-57: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL
PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF
NAPLES PHASE 5 PARCELS “I”, “J”, “K1”, “K2”, “K3” AND
“K4”, APPLICATION NUMBER PL20180003694; AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $440,856.15
Item #16A8
FINAL ACCEPTANCE OF SEWER FACILITIES, AND ACCEPT
CONVEYANCE OF THE SEWER FACILITIES FOR 844
WIGGINS PASS RD, PL20210001091
Item #16A9
AN AMENDMENT TO THE RANDALL CURVE DEVELOPER
AGREEMENT IN ORDER TO EXTEND THE DUE DATES IN
SECTION FOUR BY NINETY (90) DAYS – AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16A10
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $28,460 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20210002053) FOR WORK
ASSOCIATED WITH HAMMOCK PARK
Item #16A11
April 12, 2022
Page 133
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $158,000 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20200002264 FOR WORK ASSOCIATED WITH NAPLES
CLASSICAL ACADEMY
Item #16A12
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $266,940 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20210000796 FOR WORK ASSOCIATED WITH ISLES OF
COLLIER PRESERVE PHASE 15
Item #16A13
A TEMPORARY ACCESS AND LANDSCAPE EASEMENT AND
AGREEMENT BETWEEN COLLIER COUNTY AND THE
NAPLES BOTANICAL GARDEN, INC., CONCERNING THE
FREEDOM PARK BYPASS CANAL BANK STUDY USING
NATIVE LOW-GROWING GRASSES AND AUTHORIZE THE
CHAIRMAN TO SIGN AND EXECUTE THE AGREEMENT –
TO DETERMINE THE FEASIBILITY OF USING AN
ALTERNATIVE TO TRADITIONAL SOD TO REDUCE
MOWING AND OPERATIONAL COSTS AS WELL AS
MAINTAIN CANAL BANK STABILIZATION
Item #16A14
April 12, 2022
Page 134
TERMINATING FOR CONVENIENCE, CONSTRUCTION
AGREEMENT NO. 21-7852-ST, BRIDGE REPLACEMENT-
BRIDGE PACKAGE D-1 BRIDGE-IMMOKALEE ROAD-GRANT
FUNDED, WITH QUALITY ENTERPRISES USA, INC. PROJECT
NO. 66066
Item #16A15
AN AGREEMENT FOR THE PURCHASE OF A PERPETUAL,
NON-EXCLUSIVE SIDEWALK EASEMENT (PARCEL 492SWE)
NECESSARY FOR CONSTRUCTION OF A PUBLIC SIDEWALK
FOR THE NAPLES MANOR SIDEWALKS (PROJECT 60228.7).
ESTIMATED FISCAL IMPACT: $11,155. THE SOURCE OF
FUNDS IS THE INFRASTRUCTURE SURTAX FUND (318),
PROJECT NO. 60228
Item #16A16
RELEASE OF TWO CODE ENFORCEMENT LIENS WITH AN
ACCRUED VALUE OF $98,597.07 FOR PAYMENT OF $9,500 IN
CODE ENFORCEMENT ACTIONS TITLED BOARD OF
COUNTY COMMISSIONERS V. LYNDA M. MAYOR IN
SPECIAL MAGISTRATE CASE NOS. CEPM20080015884 AND
CELU20180014859 RELATING TO PROPERTY AT 1276 DOVE
TREE STREET, COLLIER COUNTY, FLORIDA – FOR
PROPERTY BROUGHT INTO COMPLIANCE ON MAY 13, 2020
Item #16A17
AUTHORIZE A BUDGET AMENDMENT TO RECOGNIZE
REVENUE AND TRANSFER FUNDING FOR PROJECTS
April 12, 2022
Page 135
WITHIN THE TRANSPORTATION SUPPORTED GAS TAX
FUND (313) AND TRANSPORTATION & CDES CAPITAL
FUND (310) IN THE AMOUNT OF $328,619.98 AND ISSUE A
REFUND FOR A SIDEWALK PAYMENT IN LIEU IN THE
AMOUNT OF $30,032.80. (PROJECT NOS. 60085, 60088, 69331,
69333, AND 69338
Item #16A18
A BUDGET AMENDMENT TO TRANSFER $237,000 WITHIN
STORMWATER MAINTENANCE OPERATING FUND (103) TO
ACQUIRE ROADSIDE STORMWATER MANAGEMENT
EQUIPMENT – FOR THE PURCHASE OF A BOOM-MOWER TO
IMPROVE EFFICIENCY AND LOWER OPERATION COSTS
Item #16A19
WORK ORDER WITH APTIM ENVIRONMENTAL &
INFRASTRUCTURE, INC.; TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES FOR 2023-2024 LOCAL
GOVERNMENT FUNDING REQUEST UNDER CONTRACT NO.
18-7432-CZ FOR TIME AND MATERIAL NOT TO EXCEED
$26,052.00, AUTHORIZE THE CHAIRMAN TO EXECUTE THE
WORK ORDER, AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (FUND 195, PROJECT NO. 90065)
Item #16A20
WORK ORDER IN THE AMOUNT OF $5,395.00 TO ARDAMAN
& ASSOCIATES, INC., UNDER CONTRACT NO. 18-7432-TE
FOR PROFESSIONAL GEOTECHNICAL ANALYSIS OF BEACH
FILL MATERIAL FROM THE WIGGINS PASS AND DOCTORS
April 12, 2022
Page 136
PASS DREDGE 2021-2022 PROJECT, AUTHORIZE THE
CHAIRMAN TO EXECUTE THE WORK ORDER, AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM.
(FUND 195, PROJECT NOS. 80288 & 90549)
Item #16A21
WORK ORDER FOR CSA OCEAN SCIENCES, INC. TO
CONTINUE THE REQUIRED POST-CONSTRUCTION
HARDBOTTOM MONITORING FOR THE COLLIER COUNTY
BEACH NOURISHMENT PROJECT IN SUMMER 2022 FOR
TIME AND MATERIALS NOT TO EXCEED $286,067.27 UNDER
CONTRACT NO. 17-7188, AUTHORIZE THE CHAIRMAN TO
EXECUTE THE WORK ORDER AND MAKE A FINDING THIS
ITEM PROMOTES TOURISM (FUND 195, PROJECT NO. 90033)
Item #16A22
SUBRECIPIENT AGREEMENT IR031 WITH THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO) FOR
FUNDING IN THE AMOUNT OF $602,786.32 FROM THE
COMMUNITY DEVELOPMENT BLOCK GRANT-MITIGATION
(CDBG-MIT) PROGRAM FOR THE CONSTRUCTION OF THE
IMMOKALEE EDEN GARDENS STORMWATER
IMPROVEMENTS (PROJECT NUMBER 60143) AND
AUTHORIZE ALL REQUIRED BUDGET AMENDMENTS
Item #16A23
NECESSARY BUDGET AMENDMENTS TO REALLOCATE
FUNDS WITHIN THE TRANSPORTATION MANAGEMENT
April 12, 2022
Page 137
SERVICES DEPARTMENT STORMWATER CAPITAL FUND
325 ($330,000)
Item #16A24
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 21-7900, “DESIGN SERVICES FOR STORMWATER
IMPROVEMENTS FOR THE BCG&CC/CCN AREAS,” TO HOLE
MONTES, INC., IN THE TOTAL AMOUNT OF $789,130.60,
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT, AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS. (PROJECT NO. 60102)
Item#16B1
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRA),
APPROVE A ONE-YEAR EXTENSION OF THE PROJECT
COMPLETION DATE SET FORTH IN THE COMMERCIAL
IMPROVEMENT GRANT (CBIG) AGREEMENT BETWEEN THE
CRA AND SOUTHERN REGION DEVELOPMENT, LLC, FOR
THE PROPERTY LOCATED AT 2600 DAVIS BOULEVARD,
NAPLES, FLORIDA 34112 LOCATED WITHIN THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA
Item#16B2
AN AGREEMENT WITH FLORIDA POWER AND LIGHT TO
INSTALL EIGHT STREETLIGHTS IN THE SABAL SHORES
NEIGHBORHOOD ON ARECA AVENUE, BASIN STREET AND
April 12, 2022
Page 138
CAPTAINS COVE LOCATED IN THE BAYSHORE
BEAUTIFICATION MSTU AND AUTHORIZE THE CHAIRMAN
TO SIGN. (ESTIMATED ANNUAL FISCAL IMPACT: $682.00;
BAYSHORE BEAUTIFICATION MSTU FUND 163)
Item #16C1
REAL ESTATE SALES AGREEMENTS AND ALL DOCUMENTS
NECESSARY TO CONVEY THREE PARCELS OF LAND FROM
GAC LAND TRUST TO MICHAEL SAADEH REVOCABLE
LIVING TRUST AND ACCEPT A REVERTER, DISCHARGE
AND RELEASE EACH OF THE PARCELS WHERE AVATAR
PROPERTIES WAIVES CERTAIN “GAC AGREEMENT”
REQUIREMENTS. (GAC LAND SALES FUND 605)
Item #16C2
AMENDED UTILITY EASEMENT NECESSARY TO REPLACE
A PORTION OF AN EXISTING COLLIER COUNTY UTILITY
EASEMENT WITH FOXFIRE COMMUNITY ASSOCIATION OF
COLLIER COUNTY, INC., A FLORIDA NOT-FOR-PROFIT
CORPORATION, ASSOCIATED WITH THE CONSTRUCTION
OF A NEW 2-STORY CART BARN AND FITNESS CENTER AT
FOXFIRE GOLF AND COUNTRY CLUB CLUBHOUSE, AT NO
COST TO THE COUNTY
Item #16C3 – Continued to the April 26, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO ACCEPT A DONATION FROM THE
FREEDOM MEMORIAL FOUNDATION OF NAPLES, FLORIDA
April 12, 2022
Page 139
INC., FOR THE REMAINING 23 STATE STONES AND A
PLAQUE, AND TO BE INSTALLED AT THE FREEDOM
MEMORIAL SITE – THE MEMORIAL INCLUDES A 13-FOOT
TALL GRANITE FLAG MONUMENT SET ATOP A GRANITE
MAP OF THE US
Item #16C4
BUDGET AMENDMENTS TOTALING $3,000,000 TO
REALLOCATE FUNDING WITHIN THE WASTEWATER USER
FEE CAPITAL PROJECT FUND (414) TO FUND NEAR TERM
NEEDS IN THE COLLIER COUNTY WATER-SEWER
DISTRICT’S WASTEWATER COLLECTIONS SYSTEM
Item #16C5
AMENDMENT NO. 4 WITH SOUTH FLORIDA WATER
MANAGEMENT DISTRICT TO CONTINUE LEASING OFFICE
SPACE FOR TOURISM ON HORSESHOE DRIVE NORTH FOR
THREE YEARS AND INCREASE THE LEASE’S TERMINATION
NOTICE PERIOD TO 120 DAYS
Item #16C6
FIRST AMENDMENT TO VACANT LAND CONTRACT THAT:
1) TERMINATES AND RELEASES THE RECORDED COLLIER
COUNTY STANDARD FORM LONG-TERM LEASE AND
OPERATING AGREEMENT BETWEEN COLLIER COUNTY
AND DAVID LAWRENCE MENTAL HEALTH CENTER, INC.,
AND PROVIDES THAT THE STANDARD FORM LEASE BE
EXECUTED AFTER CLOSING ON THE REAL PROPERTY,
AND 2) EXTENDS THE DEADLINE TO ACQUIRE
April 12, 2022
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ENTITLEMENTS AND SITE DEVELOPMENT PLAN
APPROVAL AND SHIFTS SUCH RESPONSIBILITY TO THE
COUNTY
Item #16D1
A BUDGET AMENDMENT TO RECOGNIZE INTEREST
EARNED, IN THE AMOUNT OF $733.26, FOR THE PERIOD OF
OCTOBER 2021 THRU DECEMBER 2021 ON ADVANCED
LIBRARY FUNDING RECEIVED FROM THE FLORIDA
DEPARTMENT OF STATE TO SUPPORT LIBRARY SERVICES
FOR THE USE OF COLLIER COUNTY RESIDENTS. (PUBLIC
SERVICE MATCH FUND 710)
Item #16D2
CHAIRMAN TO SIGN TWO (2) MORTGAGE SATISFACTIONS
FOR THE STATE HOUSING INITIATIVES PARTNERSHIP
LOAN PROGRAM IN THE AMOUNT OF $30,000 AND
APPROVE THE ASSOCIATED BUDGET AMENDMENT TO
APPROPRIATE REPAYMENT AMOUNT TOTALING $20,000.
(SHIP GRANT FUND 791)
Item #16D3
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
ANNUAL REPORT AND AUTHORIZE THE CHAIRPERSON TO
SIGN THE LOCAL HOUSING INCENTIVE CERTIFICATION
FOR CLOSEOUT FISCAL YEAR 2018/2019 TO ENSURE
COMPLIANCE WITH PROGRAM REQUIREMENTS
April 12, 2022
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Item #16D4
CHAIRMAN TO ACCEPT THE EXPOSHOWS INC. PROPOSAL
TO PROVIDE A JULY 4TH FIREWORKS SHOW AT SUGDEN
PARK ON JULY 4, 2022. THIS PROPOSAL WILL RESOLVE
THE DISPUTE CREATED BY EXPOSHOWS INC.'S FAILURE
TO PERFORM THEIR CONTRACTUAL COMMITMENT TO
PROVIDE A SHOW IN ACCORDANCE WITH THE SCOPE OF
WORK AWARDED IN 2021
Item #16D5
A BUDGET AMENDMENT RECOGNIZING PARK AND
RECREATION INSURANCE CLAIM #5011112010838
PROCEEDS IN THE AMOUNT OF $21,824.50 WITHIN PARK’S
CAPITAL FUND (306) PROJECT NO. 80423
Item #16D6
A COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
(TDC) CATEGORY “A” GRANT APPLICATION FOR BEACH
PARK FACILITIES FOR FISCAL YEAR 2022 IN THE TOTAL
AMOUNT OF $36,970 WITHIN TDC BEACH PARK FACILITIES
FUND (183), TO AUTHORIZE NECESSARY BUDGET
AMENDMENTS, AND TO MAKE THE FINDING THAT THE
EXPENDITURE PROMOTES TOURISM
Item #16E1
RENEW THE ANNUAL CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (COPCN) AND PERMIT FOR
April 12, 2022
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A CLASS 1 (ALS TRANSPORT/ALS RESCUE) AND CLASS 2
(ALS INTRA-FACILITY ALS AMBULANCE TRANSPORT) FOR
THE SEMINOLE TRIBE FIRE RESCUE DEPARTMENT WITHIN
BOUNDARIES OF THE SEMINOLE TRIBE IN IMMOKALEE
Item #16E2
AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS,
DUTIES AND BENEFITS, AND OBLIGATIONS TO DEANGELO
CONTRACTING SERVICES LLC CONCERNING AGREEMENT
#18-7459 “EXOTIC VEGETATION REMOVAL”
Item #16E3
REPORT FOR THE SALE OF 35 ITEMS AND DISBURSEMENT
OF FUNDS IN THE AMOUNT OF $190,780 ASSOCIATED WITH
A COUNTY SURPLUS AUCTION HELD FEBRUARY 19, 2022
Item #16E4
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16E5
THE ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
April 12, 2022
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Item #16F1
AN EXTENSION OF AGREEMENT NO. 12-5957 WITH PFM
FINANCIAL ADVISORS, LLC (“PFM”), EXTENDING THE
AGREEMENT WITH PFM THROUGH MAY 31, 2024, AS AN
EXEMPTION TO THE COMPETITIVE PROCESS UNDER
SECTION 2-193(14) OF THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY, FLORIDA, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT
Item #16F2 – Continued to the April 26, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE THE CHANGE OF THE
TOURISM DEVELOPMENT TAX GRANT DEADLINE FROM
APRIL 12, 2022, TO APRIL 29, 2022, AT 5 PM
Item #16F3
A $10,000 SPONSORSHIP OF THE SOUTHWEST FLORIDA
AGRICULTURAL FESTIVAL & RODEO ORGANIZED BY THE
COLLIER COUNTY FARM BUREAU (ECONOMIC
DEVELOPMENT FUND 007)
Item #16F4
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY
April 12, 2022
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Item #16F5
RESOLUTION 2022-58: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FY21-22 ADOPTED
BUDGET
Item #16F6
CHAIRMAN TO SIGN AN AGREEMENT WITH PARTNERSHIP
FOR COLLIER’S FUTURE ECONOMY, INC., AN AFFILIATE
OF THE GREATER NAPLES CHAMBER OF COMMERCE, IN
CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC-
PRIVATE PARTNERSHIP DESIGNED TO ADVANCE THE
COUNTY’S ECONOMIC DEVELOPMENT EFFORTS WHILE
FOSTERING GOVERNMENT AND PRIVATE BUSINESS
RELATIONS
Item #16G1
CHAIRMAN TO EXECUTE AMENDMENT NO. 4 FOR
EXTENSION OF PUBLIC TRANSPORTATION GRANT
AGREEMENT (PTGA) G0Z16 WITH FLORIDA DEPARTMENT
OF TRANSPORTATION TO EXTEND THE END DATE OF THE
AGREEMENT FOR THE SECURITY ENHANCEMENTS AT THE
IMMOKALEE REGIONAL AIRPORT
Item #16G2
SUBMITTAL OF A FEDERAL AVIATION ADMINISTRATION
(FAA) AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT
APPLICATION TO REQUEST ELIGIBLE FUNDS IN THE
April 12, 2022
Page 145
AMOUNT OF $190,222 FOR THE MARCO ISLAND EXECUTIVE
AIRPORT (MKY) BULK HANGAR- DESIGN PHASE AND
DESIGNATE THE COUNTY MANAGER AS THE AUTHORIZED
REPRESENTATIVE TO SUBMIT THE APPLICATION AND
ACCEPT THE AWARD ELECTRONICALLY
Item #16J1
RESOLUTION 2022-59: CHANGING THE BOUNDARIES OF
CERTAIN VOTING PRECINCTS – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16J2
REPORT TO THE BOARD REGARDING THE INVESTMENT OF
COUNTY FUNDS AS OF THE QUARTER ENDED DECEMBER
31, 2021
Item #16J3
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN MARCH 10, 2022, AND MARCH
30, 2022, PURSUANT TO FLORIDA STATUTE 136.06
Item #16J4
April 12, 2022
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DETERMINE VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
APRIL 6, 2022
Item #16K1
RESOLUTION 2022-60: REAPPOINTING JAMES CATON AND
JOHN DIMARCO, III TO THE PUBLIC TRANSIT ADVISORY
COMMITTEE
Item #16K2
RESOLUTION 2022-61: APPOINTING BETH PETRUNOFF AND
REAPPOINTING SUSAN BECKER AND EDWARD “SKI”
OLESKY TO THE TOURIST DEVELOPMENT COUNCIL
Item #16K3
RESOLUTION 2022-62: REAPPOINTING FRANK NAPPO,
ANDREA HALMAN AND MICHAEL FACUNDO TO THE
IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD
Item #16K4
A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED
TIFFANY WIND V. COLLIER COUNTY BOARD OF
COMMISSIONERS, (CASE NO. 21-CA-2769), NOW PENDING
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $155,000
April 12, 2022
Page 147
Item #16K5
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$85,000 PLUS $15,858 IN STATUTORY ATTORNEY FEES,
EXPERTS’ FEES, AND COSTS, FOR THE TAKING OF PARCEL
1104FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K6
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$145,000 PLUS $36,961.42 IN STATUTORY ATTORNEY FEES,
APPORTIONMENT FEES, EXPERTS’ FEES AND COSTS, FOR
THE TAKING OF PARCEL 1140FEE REQUIRED FOR THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168
Item #16K7
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$47,000 PLUS $18,136 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
1185RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K8
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$22,100 WITH PRO SE RESPONDENT FOR THE TAKING OF
PARCEL 1238FEE REQUIRED FOR THE VANDERBILT BEACH
ROAD EXTENSION PROJECT NO. 60168
April 12, 2022
Page 148
Item #16K9
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$132,500 PLUS $31,337 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
192FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168, AND DELEGATE
AUTHORITY TO THE COUNTY MANAGER OR HIS DESIGNEE
TO PROCESS PAYMENT OF ADDITIONAL STATUTORY
ATTORNEY’S FEES FOR SUPPLEMENTAL PROCEEDINGS, IF
ANY, AS AUTHORIZED BY CH. 73, FLA. STAT.
Item #16K10
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$40,000 PLUS $15,785.47 IN STATUTORY ATTORNEY FEES,
EXPERTS’ FEES AND COSTS, FOR THE TAKING OF PARCEL
275RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #17A
ORDINANCE 2022-12: 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
April 12, 2022
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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]
*****
April 12, 2022
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1 :58 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DIS UNDER ITS CONTROL
( e)- Q.
WILLIA . McDANIEL, R., CHAIRMAN
ATTEST:
CRYSTAL I . KINZEL, CLERK
igv O1i ,ti OC
Attesl`asto Cha an'
signature only.
These minutes ap Died. by the Board on PIr OA/1 to LZOZZ
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 150