BCC Minutes 04/26/2022 RApril 26, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 26, 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
Andy Solis
Penny Taylor
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 26, 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 26, 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 26, 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 Jennie Thomas, NCH Spiritual Care Director
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 22, 2022 BCC Meeting Minutes
3) AWARDS AND RECOGNITIONS
A. Employee
1) 20 YEAR ATTENDEES
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April 26, 2022
a) Eduardo Ruiz - Service Award
b) Laura Wells - Service Award
c) Luis Valderrama- Service Award
2) 25 YEAR ATTENDEES
a) Tabatha Butcher – Service Award
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4) PROCLAMATIONS
A. Proclamation designating May 5, 2022, as National Day of Prayer. To be
accepted by Pastor Grant Thigpen, Pastor Steve McGraw, and other leaders
of the faith community.
B. Proclamation designating May 2022 as National Foster Care Month. To be
accepted by Linda Goldfield, CEO, Youth Haven, Denise Murphy, President
of Youth Haven Board of Directors, and Nadereh Salim, CEO, Children's
Network of Southwest Florida.
C. Proclamation designating April 24 - 30, 2022, as Sky Awareness Week in
Collier County. To be accepted by H. Michael Mogil and Barbara Levine,
co-owners of How the Weatherworks.
D. Proclamation recognizing the significant investment of Collier Community
Foundation in restoring and improving our communities' landscapes through
the planting of native trees. To be accepted by Eileen Connolly-Keesler,
President & CEO, and Rob Funderburg, Donor and Vice-Chair, Collier
Community Foundation.
E. Proclamation designating May as National Trauma Awareness Month. To
be accepted by Sally Kreuscher, Community Programs Coordinator, and
Lisa O'Neil, Director of Marketing and Brand Management, Lee Health
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April 26, 2022
F. Proclamation recognizing Adaptive Inclusive Recreation as recipient of the
Waste Reduction Awards Program (WRAP) award, for contributing to the
greater good of Collier County by advocating the "Reduce, Reuse, Recycle"
message, thereby helping to prolong the usable life of the Collier County
Landfill. To be accepted by Ann Sancho, Monica Cummings, and Charlotte
Edge.
G. Proclamation designating May 1 - 7, 2022, as National Correctional Officers
Week. To be accepted by Sheriff Kevin Rambosk, Undersheriff Jim Bloom,
Chief Mark Middlebrook, Captain Keith Harmon, Captain DaReece Canady,
Director Katina Bouza, and several Collier County Deputy Sheriffs.
H. Proclamation designating April 30, 2022, as National Therapy Animal Day.
To be accepted by volunteers of Golden PAWS and two Golden PAWS
Ambassador dogs.
5) PRESENTATIONS
6) PUBLIC PETITIONS
7) PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8) BOARD OF ZONING APPEALS
9) ADVERTISED PUBLIC HEARINGS
A. This item to be heard no sooner than 1:00 pm. This item was continued
from the March 22, 2022, BCC Meeting and April 12, 2022, BCC
Meeting Agendas. A Resolution of the Board of County Commissioners
proposing amendments to the Collier County Growth Management Plan,
Ordinance 89-05, as amended, relating to the Rural Fringe Mixed Use
District Restudy and specifically amending the Urban Mixed Use District,
Urban Residential Fringe Subdistrict and the Rural Fringe Mixed Use
District of the Future Land Use Element to require Transfer of Development
Rights for Comprehensive Plan amendments for increased residential
density; amending the Urban Mixed Use District, Urban Residential Fringe
Subdistrict to remove the density bonus cap on residential in -fill and remove
the requirement to use Transfer of Development Rights within one mile of
the Urban boundary; and amending the Rural Fringe Mixed Use District of
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April 26, 2022
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 appoint up to four members to the Animal Services
Advisory Board. (All Districts)
B. Recommendation to nominate and appoint four members to the County
Government Productivity Committee. (All Districts)
C. Recommendation that the Board of County Commissioners write a letter in
support of The Willough’s application to the Department of Children and
Families (DCF) for designation as a Receiving Facility. (Sponsored by
Commissioner Solis) (All Districts)
D. Recommendation that the Board of County Commissioners accept an update
regarding the County Manager recruitment process and provide any
additional guidance. (Amy Lyberg, Human Resources Director) (All
Districts)
11) COUNTY MANAGER'S REPORT
A. Recommendation to approve a Change Order under Agreement No. 18-7474
with Mitchell & Stark Construction Co., Inc., in the amount of
$10,058,017.11, increase the purchase order to complete Phases 5A and 5B
pipelines by $13,192,717.11 ($10,058,017.11 change order plus owne r’s
allowance of $3,134,700), increase the contract time for an additional 345
days, approve the required budget amendment, and authorize the Chairman
to sign the attached Change Order. (Project No. 70194, Water/Wastewater
Bond Funds (415 and 419) (George Yilmaz, Public Utilities Department
Head) (District 5)
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B. Recommendation to conduct the Conservation Collier Annual Public
Meeting to provide an update on the program’s past activities, to solicit
proposals and applications, and to approve the 11th Cycle Target Protection
Areas (TPA) mailing strategy. (Summer Araque, Principal Environmental
Specialist, Conservation Collier Program) (All Districts)
C. Recommendation to award Construction Invitation to Bid (“ITB”) No. 21 -
7938 to R2T, Inc., in the amount of $2,404,514.00, for the “Master Pump
Station 302.00 Site Improvements” project, approve the requested budget
amendment, and authorize the Chairman to sign the attached agreement.
(Project 70215). (Matt McLean, Director Engineering & Project
Management) (District 1)
D. This item to be heard at 10:30 a.m. Recommendation to direct staff to
respond to a Rich Yovanovich correspondence received March 25, 2022,
regarding the Riviera Golf Course Conversion and asking the County to
describe the limitations imposed on the property by the Golf Course
Conversion Ordinance in accordance with Florida Statutes 70.001
(11)(a)1.b., the Private Property Rights Protection Act, and authorize staff to
submit the response. (Mike Bosi, Planning and Zoning Director) (District 4)
E. Recommendation for the Board to consider the attached draft Local Rental
Ordinance which would require landlords to give their tenants 60 days
written notice for rent increases over 5 percent and provide guidance to the
County Attorney and staff on any changes p rior to advertising the ordinance
for a public hearing. (Jacob LaRow, Community & Human Services
Housing & Development Manager) (All Districts)
12) COUNTY ATTORNEY'S REPORT
13) OTHER CONSTITUTIONAL OFFICERS
14) AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15) STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16) Consent Agenda - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. Growth Management Department
1) Recommendation to approve final acceptance and the conveyance of
the potable water and sewer utility facilities for Isles of Collier
Preserve Phase 14A, PL20200002439 and authorize the County
Manager, or designee, to release the Final Obligation Bond in the total
amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 1)
2) Recommendation to award Invitation to Bid (“ITB”) No. 21 -7941,
“Rich King Memorial Greenway Radio Road,” to Hannula
Landscaping and Irrigation, Inc., in the amount of $67,591.61, for
beautification enhancements at the entrance to the Greenway on the
south side of Radio Road to be funded by Radio Road Beautification
Municipal Service Taxing Unit (MSTU) Fund 158, authorize the
Chairman to sign the attached agreement, and approve all necessary
budget amendments. (District 4)
3) Recommendation to approve the release of a code enforcement lien
with an accrued value of $35,288.80 for payment of $688.80 in the
code enforcement action titled Board of County Commissioners v.
Alfredo Miralles, Sr., relating to property located at 302 S 9th St,
Collier County, Florida. (District 5)
4) Recommendation to approve the release of a code enforcement lien
with an accrued value of $1,188.80 for payment of $688.80 in the
code enforcement action titled Board of County Commissioners v.
Alfredo Miralles, Sr., relating to property located at 308 S 9th St,
Collier County, Florida. (District 5)
5) Recommendation to approve the release of a code enforcement lien
with an accrued value of $1,188.80 for payment of $688.80 in the
code enforcement action titled Board of County Commissioners v.
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Alfredo Miralles, Sr., relating to property located at 304 S 9th St,
Collier County, Florida. (District 5)
6) Recommendation to approve the release of a code enforcement lien
with an accrued value of $1,211.49 for payment of $711.49 in the
code enforcement action titled Board of County Commissioners v.
Alfredo Miralles, Sr., relating to property located at 306 S 9th St,
Collier County, Florida. (District 5)
7) Recommendation to approve the release of a code enforcement lien
with an accrued value of $131,895.20 for payment of $500 in the code
enforcement action entitled Board of County Commissioners v.
Alfredo Miralles, Sr., relating to property located at 108 White Way,
Collier County, Florida. (District 5)
8) Recommendation to approve and authorize the Chairman to sign a
Locally Funded Agreement (LFA) with the Florida Department of
Transportation (FDOT) in the amount of $82,212 to support the
design of a multi-use path on County Barn Road from Rattlesnake
Hammock to SR 84 (Davis Blvd) (Project 60254), FM #438091-1-32-
02, and to authorize the necessary budget amendment. The total
project costs are anticipated to be $2,137,588, of which $2,055,376
will be federally funded. (GMD Capital Fund 310) (District 4)
9) Recommendation to approve and authorize the Chairman to sign a
Locally Funded Agreement (LFA) with the Florida Department of
Transportation (FDOT) to support the design of a sidewalk at CR
901/Vanderbilt Drive from Vanderbilt Beach Road to 109th Avenue
North (Project 60255), FM #438092-1-32-02, and to authorize the
necessary budget amendment. The total project costs are anticipated
to be $909,280, of which $860,075 will be federally funded. (GMD
Capital Fund 310) (District 2)
10) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $126,000 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20200000828) for work associated with Kaicasa. (District 5)
11) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $40,000, which was posted as a
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April 26, 2022
guaranty for Excavation Permit Number PL20200000422, for work
associated with Oyster Harbor at Fiddler’s Creek Phase 2C. (District
1)
12) Recommendation to recognize and appropriate revenue to the Traffic
Operations cost center (163630) in the amount of $61,748.81 for
Fiscal Year 2022, for insurance proceeds received for repairs made
due to accidents and authorize all necessary Budget Amendments.
(All Districts)
13) Recommendation the Board of County Commissioners approve the
issuance of a Right-of-Way (ROW) Permit for the purpose of the
installation of three ground signs and associated features for the
Vanderbilt Beach Parking Garage within County road right-of-way in
accordance with Permit Application Number PRROW20220310339.
(District 2)
14) Recommendation to approve Change Order #1 for Construction
Agreement No. 20-7791 (the “Agreement”), Vanderbilt Underground
Utility Conversion Phase 4, with MasTec North America, Inc., to
increase the contract amount by $124,919.50 and adding 107 days to
the project completion date, due to the delays in coordination efforts
with FPL and CenturyLink, and other issues discovered during
construction. (Vanderbilt Beach MSTU Fund 143) (District 2)
15) Recommendation to approve a First Amendment to Agreement No.
20-7731, “Collier Area Transit (CAT) Shelters and Amenities
Purchase,” with Brasco International, Inc. allowing for a price
adjustment necessitated by increased material costs impacting the
acquisition of materials for new and existing bus shelters. (All
Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board, suspend the Bayshore
Gateway Triangle Community Redevelopment Area Commercial
Building Improvement Grant program and decline the application
submitted by G&C Shadow, LLC, in the amount of $30,000 for the
property located within the Bayshore Gateway Triangle Community
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Redevelopment Area at 3400 Tamiami Trail East. (District 4)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign a
Donation Agreement with Maribeth L. Selvig for a 1.14-acre parcel
under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $800. (District 5)
2) Recommendation to approve a Resolution and Satisfactions of Lien
for the 1994 Solid Waste Collection and Disposal Services Special
Assessments where the County has received payment in full
satisfaction of the liens. Fiscal impact is $28.50 to record the
Satisfaction of Lien. (District 1)
3) Recommendation to approve a $742,800 work order under Request
for Quotation No. 21-7859 to Wells & Water Systems, Inc., to
condition and treat six production wells in the County’s Potable
Production Wellfield. (Project Number 70085) (District 5)
4) Recommendation to approve a Lease Agreement with Beraca Baptist
Church, Inc., on behalf of the Community and Human Services
Division for the Senior Nutrition Program in Immokalee. (Human
Services Grant Fund 707) (District 5)
5) Recommendation to adopt a resolution authorizing the cancellation of
2022 taxes upon a fee-simple interest in land Collier County acquired
by Warranty Deed for Conservation Collier and without monetary
compensation (Vanderbilt Naples Holdings, LLC). (District 5)
6) Recommendation to approve Proposal No. 9724 under Contract No.
19-7592, Building Automation Energy Management Services, from
Juice Technologies, Inc., d/b/a Plug Smart, and authorize the issuance
of a Purchase Order in the amount of $250,743.28, to replace the
proprietary N2 Johnson Controls Metasys Building Automation
System with new BACnet Reliable Controls at the Collier County
Sheriff’s Office (“CCSO”) Jail (J2) building at the Collier County
Government Center. (Project No. 50221). (District 1)
7) Recommendation to approve a Construction and Maintenance
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Agreement with Waterways of Naples Homeowners’ Association,
Inc., to construct a privacy wall on 39th Ave. NE on property owned
by Waterways of Naples, authorize the Chairman to sign the attached
agreement, and authorize the necessary budget amendment. (District
5)
8) Recommendation to approve and authorize the Chairman to execute
the attached Federally-Funded Sub-award and Grant Agreement
(Project Number: 5307-001-R) Contract #H0774 with the State of
Florida Division of Emergency Management for a grant up to
$262,418.00 under the Hazard Mitigation Grant Program (HMGP) for
the purchase and installation of backup generators at the Collier
County Landfill, and authorize the necessary budget amendments.
(Project 33801) (Solid Waste Grant and Match Funds 475/476)
(District 5)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign three
(3) mortgage satisfactions that have satisfied the terms of the State
Housing Initiatives Partnership program. (SHIP Fund 791) (All
Districts)
2) Recommendation to authorize a Budget Amendment in the amount of
$71,700, reallocating funds within Parks Capital Improvement Fund
(306) enabling the division to complete planned repairs and
renovation work at Veterans Community Park Roller Hockey Rink
and Pickleball concession buildings. (District 2)
3) Recommendation to adopt by Resolution, the State Housing Initiatives
Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal
Years 2022-2023, 2023-2024, and 2024-2025, sign associated
certifications, reaffirm the Interlocal Agreement with the City of
Naples, and authorize submission to the Florida Housing Finance
Corporation. (SHIP Fund 791) (All Districts)
4) Recommendation to approve and authorize a reduction of $1,968.83
per lease year totaling $3,937.66 over two (2) years for the Caracara
Prairie Preserve Cattle Lease Agreement 2021-2022, and 2022-2023,
rent payment with Labelle Ranch, Inc., under the Conservation Collier
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April 26, 2022
Program. (Caracara Prairie Management Fund 674) (District 5)
5) Recommendation to accept the FY21-22 State Aid to Libraries Grant
funding in the amount of $166,352 and authorize the necessary
Budget Amendment. (Public Services Grant Fund 709) (All Districts)
6) Recommendation to approve Amendment Number Two extending
Agreement No. 14-6274, “Parks and Recreation Activity Management
Software Solution,” with Active Network, LLC, for a period of up to
one year or until a new contract is awarded. (All Districts)
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve a modification to the 2022 Fiscal Year
Pay & Classification Plan which consists of the addition of one new
classification made from January 1, 2022 through March 31, 2022.
(All Districts)
2) Recommendation to approve the sale and disposal of surplus assets
per Resolution 2013-095 via public auction on June 18, 2022; approve
the addition of surplus items received subsequent to the approval of
this Agenda Item for sale in the auction; and authorize the
Procurement Director, as designee for County Manager, to sign for the
transfer of vehicle titles. (All Districts)
3) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) This item continued from the April 12, 2022, BCC Meeting
Agenda. Recommendation to approve the change of the Tourism
Development Tax Grant deadline from April 12, 2022, to April 29,
2022, at 5 p.m. (All Districts)
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY21-22 Adopted Budget. (All Districts)
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April 26, 2022
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, award Invitation to Negotiate No. 19 -7664,
“Immokalee Regional Airport Hangar/Commercial Aeronautical
Development,” and authorize its Chairman to sign the attached Coll ier
County Airport Authority Leasehold Agreement for Hangar
Construction with Collier Mosquito Control District for the
construction of hangars at Immokalee Regional Airport (District 5)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) 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 31, 2022, and April 13, 2022, pursuant to
Florida Statute 136.06. (All Districts)
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of April 20,
2022. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to approve an Agreement with Patrick Neale for
Special Magistrate Services. (All Districts)
2) Recommendation to appoint two members to the Bayshore
Beautification Advisory Committee. (District 4)
3) Recommendation to appoint a member to the Building Board of
Adjustments & Appeals. (All Districts)
4) Recommendation to reappoint a member to the Forest Lakes Roadway
& Drainage Advisory Committee. (District 4)
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April 26, 2022
5) Recommendation to appoint a member to the Radio Road
Beautification Advisory Committee. (District 4)
6) Recommendation to approve an Estoppel Certificate, Consent and
Agreement relating to the Great Wolf Lodge Project. (All Districts)
7) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Farris Husseini v. Collier
County Board of Commissioners (Case No. 20-CA-2596), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida, for the sum of $35,000. (All Districts)
8) Recommendation to approve a Mediated Settlement Agreement and
Joint Motion for Stipulated Final Judgment in the total amount of
$290,636 as full settlement for two cases: Kirk Sanders v. Collier
County (Case No. 20-CA-1176), and Collier County v. Kirk Sanders,
et. al. (Case No. 20-CA-3450), for full compensation for Parcel
00291080004 including all statutory attorneys’ fees, expert fees, and
costs, and approve the associated Budget Amendments (Resource
Recovery Business Park, Project #59007). (Fiscal Impact: $155,636)
(All Districts)
9) Recommendation to approve a Stipulated Final Judgment in the total
amount of $122,175, including attorney’s fees and expert fees and
costs, for the taking of Parcel 1124FEE required for the Vanderbilt
Beach Road Extension Project No. 60168. (District 5)
10) Recommendation to approve a Stipulated Final Judgment in the total
amount of $148,767, including attorney’s fees and expert fees and
costs, for the taking of Parcel 1126FEE required for the Vanderbilt
Beach Road Extension Project No. 60168. (District 5)
11) Recommendation to approve a Stipulated Final Judgment in the total
amount of $165,279, including attorney’s fees and expert fees and
costs, for the taking of Parcel 1128FEE required for the Vanderbilt
Beach Road Extension Project No. 60168. (District 5)
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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)
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April 26, 2022
Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting;
3) No written or oral objections to the item received by staff, the Collier
County Planning Commission, other authorizing agencies or the Board, prior
to the commencement of the BCC meeting on which the items are scheduled to
be heard; and 4) No individuals are registered to speak in opposition to the
item. For those items which are quasi-judicial in nature, all participants must
be sworn in.
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A. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Ordinance Number
2004-41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida, by amending the appropriate zoning atlas
map or maps by changing the zoning classification of the herein described
real property from Golf Course (GC), Residential Tourist (RT), Commercial
Intermediate (C-3), and General Commercial (C-4) Zoning Districts within
Wellfield Risk Management Special Treatment Overlay Zones W-1 through
W-3 (ST/W-1 to ST/W-3) to a Mixed-Use Planned Unit Development
(MPUD) Zoning District within Wellfield Risk Management Special
Treatment Overlay Zones W-1 through W-3 (ST/W-1 to ST/W-3) for a
project to be known as Golden Gate Golf Course MPUD to allow
construction of a maximum of 30,000 square feet of commercial
development on the Commercial Tracts; up to 400 residential dwelling units
on the Residential Tract with a maximum actual height of 95 feet; up to
75,000 square feet of government facilities and 120 group housing units on
the Public Use Tract and Community Facility Tract; and up to 158
hotel/motel units and up to 98 timeshare units or multi -family units and
60,000 square feet of Intermediate Commercial (C-3) uses on the Residential
Tourist Tract with a maximum zoned height of 100 feet; and providing for
repeal of Ordinance Nos. 84-78 and 99-56 relating to prior rezones. The
property is located on the southwest corner of Golden Gate Parkway and
Collier Boulevard in Section 27, Township 49 South, Range 26 East, Collier
County, Florida, consisting of 171.6± acres; and by providing an effective
date. (This is a companion item to #17B) [PL20210001047] (District 3)
B. An Ordinance of the Board of County Commissioners of Collier County,
Florida, to create a subdistrict on part of former Golden Gate Golf Course
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April 26, 2022
and abutting hotel, by amending Ordinance No. 89-05, as amended, the
Collier County Growth Management Plan for the unincorporated area of
Collier County, Florida, specifically amending the Golden Gate City Sub-
Element of the Golden Gate Area Master Plan Element and Golden Gate
Area Future Land Use Map and Map Series, by changing the land use
designation from Urban Mixed Use District, Urban Residential Subdistrict to
Urban-Commercial District, Government Public Services, Residential
Tourist and Commercial Subdistrict to allow up to 75,000 square feet of
governmental facility uses and 120 beds for group housing uses at a FAR not
to exceed .60; up to 26 units per acre for hotel/motel uses and 16 dwelling
units per acre for multi-family and timeshare uses and 60,000 square feet of
C-3, Commercial Intermediate Zoning District uses on 6.16± acres; and up
to 15,000 square feet of C-4, General Commercial Zoning District uses on
.42± acres. The subject property consists of an aggregate of 20.1± acres and
is located on the south side of Golden Gate Parkway approximately ½ mile
west of Collier Boulevard in Section 27, Township 48 South, Range 27 East,
Collier County, Florida; and furthermore, directing transmittal of the
adopted amendment to the Florida Department of Economic Opportunity;
providing for severability and providing for an effective date. (Adoption
Hearing) (This is companion to Item #17A) [PL20210001610] (District 3)
C. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, which established the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Rural Agricultural
(A) Zoning District to a Residential Single Family-3 (RSF-3) Zoning
District to allow up to three single family dwelling units with a maximum
density of up to 2.5 dwelling units per acre on property located on the north
side of Sabal Palm Road, approximately 2,000 feet east of Collier
Boulevard, in Section 23, Township 50 South, Range 26, East, Collier
County, Florida, consisting of 1.3+/- acres; and by providing an effective
date. [PL20210002322] (District 1)
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
FY21-22 Adopted Budget. (All Districts)
Page 17
April 26, 2022
18) ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252 -8383.
April 26, 2022
Page 2
MR. ISACKSON: Mr. Chairman and Commissioners, you
have a live mic.
CHAIRMAN McDANIEL: Well, good morning, everybody.
I'm in the process of booting up my laptop here, but I do know we
have a few items to take care of. First will be the prayer and the
Pledge. And our prayer will be led by Reverend Jennine Thomas.
Good morning. If you all would rise, please.
And, Commissioner Solis, since we're happy to have you back,
if you would lead us in the Pledge, I'd appreciate that.
COMMISSIONER SOLIS: I'd be honored.
Item #1A
INOVCATION AND PLEDGE OF ALLEIGANCE
REVEREND THOMAS: Good morning, thank you.
We gather calling God many different names and understanding
God in many different ways. During April, our faith communities
have remembered Passover, have reflected through the month of
Ramadan, and recognized Easter, just to name a few.
Let us gather together in the presence of Creator.
We thank you, oh, God, for this time to help us make our
community a better place for all. We come celebrating the
employees of Collier County who have served for many yea rs. We
thank you for their service, their endurance, and their dedication.
We lift up 20-year employees Edward Ruiz, Laura Wells, and Luis
Valderrama; 25-year Tabatha Butcher; 35 years, Maura Kraus and
Cheryl Soter. We lift up advisory board members, retirees, and the
Employee of the Month. And, Creator, for names that I have
mispronounced and for names that I have omitted, you know who
those people are.
April 26, 2022
Page 3
Oh, loving one, we thank you for special celebrations. During
April and May we recognize and celebrate many things. The
National Day of Prayer, National Foster Care Month, Sky Awareness
Week, National Trauma Awareness Month, National Correctional
Officers Week, National Therapy Animal Day, and we recognize
Collier Community Foundation and Adaptive Inclusion Recreation
for their contributions to our community.
And, finally, oh, God, we lift up our county commissioners and
leaders at all levels of government and ask that you guide them to the
greatest good.
Finally, we pray for the citizens of Naples, Collier County, and
Florida. Hear our prayer. In your name we pray, amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: Okay. Ready to go?
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) – APPROVED AND/OR ADOPTED
W/CHANGES – APPROVED
MR. ISACKSON: Mr. Chairman, Commissioners, a few
agenda changes and notes for the meeting of April 26th, 2022. The
first change is an amendment to Item 17A. It's simply a
modification to Exhibit 5 point -- or F.5.A, and it reads as follows:
The owners shall convey county utility easement and declaration of
restrictions of CUE to the Collier County Water/Sewer District for
infrastructure through the property. The CUE and declaration of
restrictions of CUE shall be 30 feet in width and shall extend from a
April 26, 2022
Page 4
point on Collier Boulevard/County Route 951 to the northwest corner
of the PUD. That's at staff's request.
Commissioner, the next change is to continue Item 16A15 to the
May 10, 2022, BCC meeting. This is at staff's request. It's a
recommendation to approve a first amendment to Agreement
No. 20-7731, Collier Area Transit shelters and amenities purchase
with Brasco International allowing for a price adjustment and
necessities [sic] and increased material cost impacting the acquisition
of materials for new and existing bus shelters.
Commissioners, the next change is to continue Item 16B1 to the
May 10, 2022, BCC meeting. That's at Commissioner McDaniel's
request. It's a recommendation that the Board of County
Commissioners, acting as the Community Redevelopment Agency
Board, suspend the Bayshore/Gateway Triangle Redevelopment Area
Commercial Building Improvement Grant program and decline the
application submitted by G&C Shadow, LLC, in the amount of
$30,000 for the property located within the Bayshore/Gateway
Triangle Community Redevelopment area at 3400 Tamiami Trail
East.
The next item, Commissioners, is to continue 16D4 to the
May 10, 2022, meeting. That's at Commissioner McDaniel and
Commissioner Taylor's separate requests. It's a recommendation to
approve and authorize a reduction of 1,968,000 -- one thousand --
CHAIRMAN McDANIEL: One thousand. I'm just -- I'm
helping you read it, you know.
MR. ISACKSON: $1,968.83 per lease year totaling $3,937.66
over two years for the Cara [sic] Preserve Cattle Lease Agreement
2021-2022 and 2022-2023 rent payment with LaBelle Ranch, Inc.,
under the Conservation Collier Program.
Finally, Commissioners, we're going to continue Item 16G1 to
the May 10, 2022, meeting. It's at Commissioner McDaniel's
April 26, 2022
Page 5
request. It's a recommendation that the Board of County
Commissioners, acting as the Airport Authority, award Invitation to
Negotiate No. 19-7664, Immokalee Regional Airport
Hangar/Commercial Aeronautical Development, and authorize its
chair to sign the attached Collier County Airport Authority Leasehold
Agreement for Hangar Construction with the Mosquito Control
District for the construction of hangars at the Immokalee Regional
Airport.
A couple of notes, Commissioners, if I may. The proclamation
designating National Trauma Awareness Month will be mailed to
Sally Kreuscher who's the community program's coordinator. Sally
is unable to be here due to some unforeseen circumstances.
And the proclamation designating National Correctional
Officers Week, that will be accepted on behalf of Sheriff Rambosk by
Undersheriff Jim Bloom, Chief Mark Middlebrook, Captain DaReece
Canady, Director Katina Bouza, and Lieutenant Mike Goldhorn, as
well as other Collier County correctional officers.
Time-certain items: Item 9A to be heard no sooner than 1:00;
it's the Growth Management Plan Ordinance amendment related to
the Rural Fringe Mixed Use development restudy. And Item 11D to
be heard at 10:30; it's a response to the correspondence received
March 25, 2022, regarding the Riviera Golf Course conversion.
That's all I have, sir.
CHAIRMAN McDANIEL: One brief correction. It won't be
at 10:30 specifically, but it will be shortly there around. 10:30 is the
court reporter break, so we'll...
Other than that, I'm going to call upon my colleagues here for
any additions, deletions, corrections, and ex parte.
Yes, sir, Commissioner Solis. I was looking at you and didn't
say your name.
COMMISSIONER SOLIS: Yes, sir. No changes to the
April 26, 2022
Page 6
agenda. And in terms of disclosures, just on 17A on the summary
agenda, just multitudes of letters and emails from neighbors and other
concerned residents.
CHAIRMAN McDANIEL: Check all the boxes.
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Commissioner LoCastro, good
morning.
COMMISSIONER LoCASTRO: Good morning.
Same for me, no changes, and on 17A, all the above: Meetings,
correspondence, emails, and phone calls.
CHAIRMAN McDANIEL: Commissioner Taylor, good
morning.
COMMISSIONER TAYLOR: I have no changes or additions
on the agenda, and I have only one on 17C, which was discussion
with staff.
CHAIRMAN McDANIEL: Okay. Good morning,
Commissioner Saunders.
COMMISSIONER SAUNDERS: I have no changes to the
agenda and same ex parte on 17A.
CHAIRMAN McDANIEL: I, as well, have no changes, and
check all the boxes on the ex parte on 17A.
So with that, I'll call for a motion for the agenda as amended.
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept today's agenda.
MR. MILLER: Commissioner -- Chairman, excuse me. We
had a speaker on Item 17B.
CHAIRMAN McDANIEL: You're right. Forgive me. I
apologize. You told me about that beforehand, and it's not on my
little screen up here, so I forgot. Forgive me.
April 26, 2022
Page 7
MR. MILLER: I should have jumped in sooner.
Gary Mitchell. Mr. Mitchell?
MR. MITCHELL: I'll decline.
CHAIRMAN McDANIEL: Come to the -- oh, you don't care
to speak, Mr. Mitchell?
MR. MITCHELL: No, sir. Thank you.
CHAIRMAN McDANIEL: Okay. Forgive me. I apologize
for that. He did share with me that you were here, and I neglected to
remember that. So are we all set?
MR. MILLER: All set, sir.
CHAIRMAN McDANIEL: All right. It's been moved and
accepted [sic] that we accept today's agenda as amended. 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.
And then we're going to do the minutes. What do you -- did I
make another mistake?
April 26, 2022
Page 8
Item #2B
BCC MEETING MINUTES FROM MARCH 22, 2022 -
APPROVED AS PRESENTED
MR. ISACKSON: Motion to approve the minutes would be
appropriate, sir.
CHAIRMAN McDANIEL: Sir?
MR. ISACKSON: I said a motion to approve the minutes if it
wasn't a part of your original motion, yes.
CHAIRMAN McDANIEL: It wasn't part of. I was going to
do it next now.
COMMISSIONER TAYLOR: So move.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded we
accept the minutes as printed on Item 2A. 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 we get to do our fun stuff.
Item #3A1
SERVICE AWARDS – EMPLOYEES - 20 YEAR ATTENDEES –
April 26, 2022
Page 9
EDUARDO RUIZ, LAURA WELLS, AND LUIS VALDERRAMA
– PRESENTED
MR. ISACKSON: It's my pleasure, Commissioners, under
employee recognitions. We have a few people that have been with
our organization for a number of years that are worthy of Board
recognition. Let me start with the 20-year recipients.
The first is Edward Ruiz, 20-year service award. Edward is in
our information technology department.
(Applause.)
CHAIRMAN McDANIEL: Are we going to group them all up,
or are we going to do them individually?
MR. ISACKSON: That's your call, Mr. Chair.
CHAIRMAN McDANIEL: One at a time.
MR. ISACKSON: All right.
CHAIRMAN McDANIEL: Here you are, sir. Edward.
MR. RUIZ: Oh, thank you.
CHAIRMAN McDANIEL: Do you want me to take it out of
the envelope? Camera person's giving directions.
THE PHOTOGRAPHER: Edward, stand in the middle for me.
One more.
(Applause.)
CHAIRMAN McDANIEL: Thank you.
MR. ISACKSON: Commissioners, the next recipient is Laura
Wells, who I'm familiar with. She is in the Office of Management
and Budget. Let's ask Laura to come up, please.
(Applause.)
CHAIRMAN McDANIEL: How about that?
(Applause.)
MR. ISACKSON: Commissioners, the final 20-year recipient
is Luis Valderrama in our Road and Bridge Transportation Services
April 26, 2022
Page 10
Department. Is Luis here? Please.
(Applause.)
MR. ISACKSON: Luis is one of our employees that operates
that big, heavy equipment.
CHAIRMAN McDANIEL: What's he do?
MR. ISACKSON: He operates that big heavy equipment.
CHAIRMAN McDANIEL: Here's your award.
COMMISSIONER TAYLOR: Luis, give me your cap. It's
going to show. Road and Bridge, what can you expect, right?
(Applause.)
Item #3A2
SERVICE AWARDS – EMPLOYEES - 25 YEAR ATTENDEES –
TABATHA BUTCHER – PRESENTED
MR. ISACKSON: Commissioners, your next recipient is 25
years of service. That's to Tabatha Butcher, our EMS chief.
(Applause.)
Item #3A3
SERVICE AWARDS – EMPLOYEES - 35 YEAR ATTENDEES –
MARUA KRAUS AND CHERYL SOTER – PRESENTED
MR. ISACKSON: Commissioners, now we get to our 35-year
award recipients. That's almost as old as I am.
Your 35 -- first 35-year recipient is Maura Kraus, our Parks and
Recreation Department. If you walk the beach at all, you may see
Maura out there. They're sea turtle monitoring activities,
so -- please.
April 26, 2022
Page 11
(Applause.)
COMMISSIONER TAYLOR: Maura is a former student of
Commissioner Saunders.
COMMISSIONER SAUNDERS: Well, a long, long time ago I
was teaching an environmental law course at the University of
Miami, and Maura was one of the students there. So that was a --
(Applause.)
COMMISSIONER SAUNDERS: She didn't learn anything
from me.
(Applause.)
MR. ISACKSON: Finally, Commissioners, Cheryl Soter has
been with the organization for 35 years in our Operation and
Regulatory Management Division in our Growth Management
Planning and Regulatory Department.
(Applause.)
CHAIRMAN McDANIEL: How about that?
MR. ISACKSON: Commissioners, that moves us to Item 4 on
your agenda. We have a number of proclamations this morning.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS – ADOPTED
Item #4A
PROCLAMATION DESIGNATING MAY 5, 2022, AS NATIONAL
DAY OF PRAYER. ACCEPTED BY PASTOR GRANT
THIGPEN, PASTOR STEVE MCGRAW, AND OTHER LEADERS
OF THE FAITH COMMUNITY – ADOPTED
April 26, 2022
Page 12
MR. ISACKSON: Proclamation -- the first proclamation
designating May 5, 2022, as National Day of Prayer. To be accepted
by Pastor Grant Thigpen, Pastor Steve McGraw, and other leaders of
faith in the community.
(Applause.)
CHAIRMAN McDANIEL: Do you want to say a few words?
COMMISSIONER LoCASTRO: Maria, we need you to move
a little bit this way. No, I'm just kidding.
(Applause.)
CHAIRMAN McDANIEL: He's going to say a few words, if
you hold on.
PASTOR THIGPEN: Okay. If you'd open your bibles.
As was stated, Thursday May, the 5th, we'll be meeting at the
First Baptist Academy football field this year on 3000 Orange
Blossom Drive, and that will be at 7:00 p.m. I also believe there will
be a prayer meeting here at the fountain at noon.
I just want to say that they estimate that there will be over
35,000 gatherings across the United States on May the 5th. Over
40,000 volunteers will be involved in it, and several million people
will participate.
This year the organization, the National Day of Prayer
Organization, has asked us to be praying for our government, that is
our local, our state, and our federal government; our military; our
educational system; the media; Israel; churches; and families.
And I'd like to invite all of you to participate in that with us.
And, Commissioners, thank you once again. Thank you.
CHAIRMAN McDANIEL: Absolutely, my friend. Thank
you.
(Applause.)
CHAIRMAN McDANIEL: If anyone hasn't ever attended -- or
hasn't attended that, please take the opportunity. It's quite uplifting.
April 26, 2022
Page 13
Item #4B
PROCLAMATION DESIGNATING MAY 2022 AS NATIONAL
FOSTER CARE MONTH. ACCEPTED BY LINDA GOLDFIELD,
CEO, YOUTH HAVEN, DENISE MURPHY, PRESIDENT OF
YOUTH HAVEN BOARD OF DIRECTORS, AND NADEREH
SALIM, CEO, CHILDREN'S NETWORK OF SOUTHWEST
FLORIDA – ADOPTED
MR. ISACKSON: Commissioners, your next proclamation
designates May 2022 as National Foster Care Month. To be
accepted by Linda Goldfield, CEO, Youth Haven; Denise Murphy,
president of the Youth Haven board of directors; and Nadereh Salim,
CEO, Children's Network of Southwest Florida.
(Applause.)
CHAIRMAN McDANIEL: If you'd like to say a few words,
you'd be more than welcome to.
MS. SALIM: Now or after?
CHAIRMAN McDANIEL: Right now. Well, after we do the
picture.
(Applause.)
MS. SALIM: Good morning, everyone. Thank you for this
honor.
So in Southwest Florida we have over 300 dedicated loving
foster parents that step in every day to fill the void when our parents
cannot take care of their children. Without them, these children
would be lost. They would not be loved, tucked in at night, cared
for, and healed.
So I just want to say it's an honor to serve in the child welfare
community, in this community, and thank you to all of our foster
April 26, 2022
Page 14
parents.
CHAIRMAN McDANIEL: Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING APRIL 24 - 30, 2022, AS SKY
AWARENESS WEEK IN COLLIER COUNTY. ACCEPTED BY H.
MICHAEL MOGIL AND BARBARA LEVINE, CO-OWNERS OF
HOW THE WEATHERWORKS – ADOPTED
MR. ISACKSON: Commissioners, your next proclamation
designates April 24 through 30, 2022, as Sky Awareness Week in
Collier County. To be accepted by H. Michael Mogil and Barbara
Levine, co-owners of How the Weather Works.
(Applause.)
MR. MOGIL: Thank you very much for this. We have 42
state and territory proclamations, but we've never had a county
proclamation. This is the county to have it.
The skies here are fantastic. Even when they're not fantastic,
they're fantastic.
The beauty of this event is I don't need a formal ceremony. I
don't need people to have an organizational event. The sky is out
there every single day. It's an opportunity to look up and learn, and I
encourage everybody to do it. The last two nights have been
awesome. The clouds will be back again this afternoon. If it's not
the clouds, the space station is going overhead. The planets are out
there. Look up.
Thank you, all.
(Applause.)
CHAIRMAN McDANIEL: Thank you.
April 26, 2022
Page 15
Item #4D
PROCLAMATION RECOGNIZING THE SIGNIFICANT
INVESTMENT OF COLLIER COMMUNITY FOUNDATION IN
RESTORING AND IMPROVING OUR COMMUNITIES'
LANDSCAPES THROUGH THE PLANTING OF NATIVE
TREES. ACCEPTED BY EILEEN CONNOLLY-KEESLER,
PRESIDENT & CEO, AND ROB FUNDERBURG, DONOR AND
VICE-CHAIR, COLLIER COMMUNITY FOUNDATION –
ADOPTED
MR. ISACKSON: Commissioners, your next proclamation is
recognizing the significant investment of Collier Community
Foundation in restoring and improving our community's landscapes
through the planting of native trees. To be accepted by Eileen
Connolly-Keesler, president and CEO; and Rob Funderburg, donor
and Vice Chair of the Collier Community Foundation.
CHAIRMAN McDANIEL: And our Friends at the Garden.
MS. CONNOLY-KEESLER: And our Friends at the Garden.
COMMISSIONER LoCASTRO: This is the time to rob the
Botanical Garden?
CHAIRMAN McDANIEL: There's nobody over there
guarding the gate.
COMMISSIONER LoCASTRO: Jim, we need some cops at
the Botanical Garden. It's being robbed right now.
THE PHOTOGRAPHER: I need whoever is a little bit shorter
to come forward a little bit, please. Tall in the back.
CHAIRMAN McDANIEL: I am.
THE PHOTOGRAPHER: And just so you know, where
Commissioner Solis is, that's where it's going to end, and where
April 26, 2022
Page 16
Commissioner Taylor is, that's the other end. So if you can get
together. And also remember if I can't see you, you can't see me,
you won't be in the picture.
(Applause.)
MS. CONNOLY-KEESLER: Good morning, Commissioners.
Thank you so much for this honor.
I just want to take a moment to thank the Botanical Garden for
their work in this project that planted hundreds of trees throughout
Collier County to try to replace some of the loss that we had during
Irma and other issues that have happened in this county. Very
important to our ecosystem here. So the Garden not only did
planting with the Parks Department here in Collier County, but they
actually grew many of the trees that we planted and did layout and
ran all over the county for us. So we appreciate that.
And no bigger "thank you" goes to Rob and Cathy Funderburg,
who are the donors, with a $500,000 gift to the Community
Foundation to plant trees.
(Applause.)
MS. CONNOLY-KEESLER: Rob.
MR. FUNDERBURG: Thank you, Eileen, and thank you, all,
Commissioners, very much.
I just want to say that it's a real pleasure and very rewarding to
live in a community that values the environment, especially its flora.
And so it's been a pleasure for me and Cathy to work together with
all of you in Collier County Government and collaborate with a lot of
other organizations. So a big shout out to the Botanical Garden,
who's very well represented here today. Thank you for all your help.
It simply would not have happened without your efforts and the
efforts of so many other people. So thank you all very much. You
have a great day. Thank you.
(Applause.)
April 26, 2022
Page 17
Item #4E - To be mailed to recipient (Per Agenda Change Sheet)
PROCLAMATION DESIGNATING MAY AS NATIONAL
TRAUMA AWARENESS MONTH. ACCEPTED BY SALLY
KREUSCHER, COMMUNITY PROGRAMS COORDINATOR,
AND LISA O'NEIL, DIRECTOR OF MARKETING AND BRAND
MANAGEMENT, LEE HEALTH – ADOPTED
MR. ISACKSON: Commissioners, as I mentioned previously,
the proclamation designating May as National Trauma Awareness
Month will be mailed to Sally Kreuscher, the community programs
coordinator for Lee Health, who was unable to make it today due to
some unforeseen circumstances.
Item #4F
PROCLAMATION RECOGNIZING ADAPTIVE INCLUSIVE
RECREATION AS RECIPIENT OF THE WASTE REDUCTION
AWARDS PROGRAM (WRAP) AWARD, FOR CONTRIBUTING
TO THE GREATER GOOD OF COLLIER COUNTY BY
ADVOCATING THE "REDUCE, REUSE, RECYCLE" MESSAGE,
THEREBY HELPING TO PROLONG THE USABLE LIFE OF
THE COLLIER COUNTY LANDFILL. ACCEPTED BY ANN
SANCHO, MONICA CUMMINGS, AND CHARLOTTE EDGE –
ADOPTED
MR. ISACKSON: Commissioners, the next proclamation is
recognizing the Adaptive Inclusive Recreation as recipient of the
Waste Reduction Awards Program, designated as WRAP, for
contributing to the greater good of Collier County by advocating the
April 26, 2022
Page 18
"Reduce, Reuse, and Recycle" message thereby helping to prolong
the usable life of the Collier County Landfill. That's to be accepted
by Ann Sancho, Monica Cummings, and Charlotte Edge.
(Applause.)
MS. CUMMINGS: Hi. We just want to thank you guys so
much, Commission. We want to thank Jonathan for this honor and
just the support that we have received.
We love to collaborate with the community, and that was what
we have done with recycle. I am so proud of my staff for, you
know, just creating this program and making it just so popular, really.
I also want to just say that the Adaptive Inclusive Recreation
Division, we are growing. We have grown rapidly in the last couple
years, and we would love to be able to serve other parts of Collier
County. We love to collaborate and just bring in
inclusive -- inclusivity, I should say, across Collier County.
So, again, thank you all so much, and we are absolutely
honored.
(Applause.)
Item #4G – Recipient Changes Per Agenda Change Sheet
PROCLAMATION DESIGNATING MAY 1 - 7, 2022, AS
NATIONAL CORRECTIONAL OFFICERS WEEK. TO BE
ACCEPTED BY SHERIFF KEVIN RAMBOSK, UNDERSHERIFF
JIM BLOOM, CHIEF MARK MIDDLEBROOK, CAPTAIN KEITH
HARMON, CAPTAIN DAREECE CANADY, DIRECTOR
KATINA BOUZA, LIEUTENANT MIKE GOLDHORN AND
COLLIER COUNTY CORRECTIONS OFFICERS. AND
SEVERAL COLLIER COUNTY DEPUTY SHERIFFS –
ADOPTED
April 26, 2022
Page 19
MR. ISACKSON: Commissioners, your next proclamation
designates May 1 to 7, 2022, as National Correction Officers Week.
It's to be accepted on behalf of Sheriff Rambosk by Undersheriff Jim
Bloom; Chief Mark Middlebrook; Captain DaReece Canady;
Director Katina Bouza; Lieutenant Mike Goldhorn; and Collier
County correction officers.
(Applause.)
CHAIRMAN McDANIEL: I can say one thing, Colonel
Bloom makes a lot better door than he does a window.
COLONEL BLOOM: No one asked you, Commissioner.
CHAIRMAN McDANIEL: There you go. How about that?
(Applause.)
COLONEL BLOOM: Commissioners, on behalf of Sheriff
Rambosk, I truly from the bottom of my heart want to thank you for
taking the time to recognize our corrections department and our
corrections deputies. Most of you know I started my career there 29
years ago, so I'm a little protective of the corrections department and
what they do every day to serve not only our Sheriff, our agency, but
our community.
It's a lot more than just the care, custody, and protection of our
inmates. We work hand in hand, and you know better than anybody
from the approval of our budgets and the meetings we have with
specifically on reentry and change of behavior. I'm proud to say we
have one of the best, in my opinion, corrections departments in the
country, and we continue to strive to not only make you proud bu t
our community proud.
So thank you for taking the time. Have a great day.
(Applause.)
Item #4H
April 26, 2022
Page 20
PROCLAMATION DESIGNATING APRIL 30, 2022, AS
NATIONAL THERAPY ANIMAL DAY. ACCEPTED BY
VOLUNTEERS OF GOLDEN PAWS AND TWO GOLDEN PAWS
AMBASSADOR DOGS – ADOPTED
MR. ISACKSON: Commissioners, your final proclamation
designates April 30, 2022, as National Therapy Animal Day. To be
accepted by volunteers of Golden Paws and two Golden Paws
ambassador dogs.
(Applause.)
MS. JAN: We would like to thank you for recognizing and
honoring Golden Paws therapy dogs for their service to the
community. They carry out the special work at various nursing
homes, David Lawrence Center, the library, schools, presentations to
various organizations. And during the pandemic, Physicians
Regional requested that we come for a therapy day for their doctors,
nurses, and staff.
We are honored to be a part of Golden Paws assistance dogs
serving our community. Thank you.
(Applause.)
MR. ISACKSON: Motion to approve the proclamations would
be in order.
CHAIRMAN McDANIEL: I believe it would.
COMMISSIONER SOLIS: So moved.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the proclamations as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
April 26, 2022
Page 21
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
And I believe Commissioner LoCastro has something before
you go on.
Added Item
RECOGNIZING RETIRED POW WAYNE SMITH AND THE
RENAMING OF CAMBIER PARKWAY TO WAYNE SMITH
CAMBIER PARKWAY
COMMISSIONER LoCASTRO: We do. There's someone in
the audience that I'd like to recognize as well since we're putting a
spotlight on people who do great things. If there is an Air Force
veteran in the audience that has a street in Collier County named after
him, please stand up.
Yeah, that's you, Wayne. Wayne, that's you. I just want to
acknowledge --
(Applause.)
COMMISSIONER LoCASTRO: I just want to acknowledge
that on April 9th at Cambier Park, the Collier County and the City of
Naples and, really, most importantly my good friends, Mike Randall
and Rosemary Zore from the Fallen Officers Foundation, led an
initiative to name Cambier Park Way after Wayne Smith. So, now,
if you're speeding down Cambier Park Way, it's now called POW -- I
always say former POW Wayne Smith Cambier Park Way. And he
April 26, 2022
Page 22
has increased the speed limit on that road to 95 miles an hour, so, you
know -- and there's all kinds of -- he's got all kinds of ideas for that
one little piece of property.
But Captain Smith, you know, on behalf of all the
commissioners here and Collier County -- I know that it got a lot of
great coverage, but, to see you sitting in the audience here and all the
great work that you do in the community, I just wanted to say again,
congratulations, and we're so honored to know you and so proud of
your courage and your patriotism. Thank you very much, sir.
(Applause.)
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. ISACKSON: Commissioners, that bring us to Item 7 on
your agenda, public comments on general topics not on the current or
future agenda.
MR. MILLER: Mr. Chairman, we have three registered
speakers for Item 7. Your first speaker is Dan Cook. He will be
followed by Chris Worrell.
MR. COOK: Good morning, Commissioner.
CHAIRMAN McDANIEL: Good morning.
MR. COOK: I'm here today simply to exercise my right under
Article I, Section 5 of the Florida Constitution to petition the
government, and I'm going to read this petition that's been served on
our congressman into the record.
Whereas, Article V of the Bill of Rights states that no person
shall be compelled in any criminal case to be a witness against
himself nor be deprived of life, liberty, or property without due
April 26, 2022
Page 23
process of law;
Whereas, Article VI of the Bill of Rights states that in all
criminal prosecutions the accused shall enjoy the right to a speedy
and public trial by an impartial jury to be informed of the nature and
the cause of the accusations, to be confronted with a witness against
him, and to have compulsory process for obtaining witnesses in his
favor and to have the assistance of counsel for his defense; and,
Whereas, Article VIII of the Bill of Rights states that excessive
bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted; and,
Whereas, Article VI, Clause 3 of the Constitution states that the
Senators and Representatives before mentioned and the members of
the several state legislatures and all the executive and judicial officers
both of the United States and of the several states shall be bound by
oath or affirmation to support this constitution;
Whereas, Representative Mario Diaz-Balart, Representative
Byron Donalds, Senator Marco Rubio, and Senator Rick Scott have
all sworn an oath or affirmation to support this constitution; and,
Whereas, American citizens who were arrested because of their
involvement at the Capitol building on January 6th are being held in
prison in cruel and unusual circumstances in violation of their
God-given constitutionally protected rights of due process; and,
Therefore, we the people, living on the land, lawfully, formally,
humbly petition Congressman Mario Diaz-Balart, Congressman
Byron Donalds, U.S. Senator Marco Rubio, and U.S. Senator Rick
Scott to speak out against the violations of due process for the
January 6th prisoners to join Congresswoman Marjorie Taylor Green
in her effort to gain access to the prison and examine the conditions,
and to demand that every prisoner is released immediately and
afforded a fair, speedy, and public jury trial.
Thank you.
April 26, 2022
Page 24
MR. MILLER: Your next speaker is Chris Worrell. He will
be followed by Dale Mullin.
MR. WORRELL: Good morning, Commissioners. I am
Christopher Worrell, Political Prisoner 377183.
We the people are asking all elected local state officials and
Florida Attorney General to recognize that the arrest, detention,
extradition, and imprisonment of dozens of Florida citizens who
participated in January 6th, 2021, demonstrations in Washington,
D.C., were unlawfully executed when federal agents failed to comply
with the proper procedures required by Florida Statute to U.S.
Constitution, as well as the Uniform Criminal Extradition Act.
These provisions of law have been upheld numerous times by
the United States Supreme Court since 1869. The nation's highest
court ruled in Texas versus White that the people in Texas are
sovereign just as citizens of Florida and all citizens of these 50 states.
Recently, the citizens of Texas presented a similar action to the
Attorney General of Texas who has no fear and is fighting for its
citizens when it comes to the federal government. We respectfully
request all elected officials and Attorney General's Office to
investigate that matter to include the arrests, extradition of the
January 6th defendants arrested in Florida and seek its assistance in
seeking their immediate release from custody by the federal
government and their prompt return to their homes.
Just like the Texas citizens, our Florida citizens have become
accustomed to civil rights and freedoms. We now have to look to
brave patriots, our elected officials, the Florida Attorney General
Ashley Moody to successfully fight back against the unlawful and
unconstitutional overreach and the abusive actions by our federal
government.
Now that you and our elected officials are aware of these facts,
we are confident that she will be successful in securing the release of
April 26, 2022
Page 25
our federal citizens who have been unlawfully denied due process.
On March 12th, 2021, federal agents raided -- excuse me. They
raided my residence, deployed flash bang grenades, parked a SWAT
tank at the front of my entrance to my door and held my wife at
gunpoint for hours, and I wasn't even home.
I was then unjustly transported across the country multiple times
while federal judges promised that my medical care would be
prompt. That never happened.
In October '21, Senior Judge Royce Lamberth held the D.C. jail
warden and Department of Corrections director in contempt of court
after U.S. marshals found that the jail was hiding, changing, omitting
my medical records due to my exhaustive grievance procedures.
CHAIRMAN McDANIEL: Cut that off, please.
MR. WORRELL: Due to my blatant civil rights violations, I
am now not just fighting for my rights and the rights of others, I'm
fighting for my life.
My cancer has accelerated to Stage 3 because my government
denied me my rights. I'm imploring you and all my elected officials
to act and honor the oaths you have all taken and defend your citizens
that elected you into office. No American should be treated the way
I have been.
United we stand. Thank you.
CHAIRMAN McDANIEL: Thank you.
(Applause.)
MR. MILLER: Mr. Chair, your final speaker on public
comment is Dale Mullin, and I've got to be honest, I --
CHAIRMAN McDANIEL: He's here.
MR. MILLER: Yeah, Mr. Mullin, you didn't write an item
number. Is this where you wanted to speak?
MR. MULLIN: Yes.
MR. MILLER: I took a guess.
April 26, 2022
Page 26
MR. MULLIN: Good morning, Commissioners. My name's
Dale Mullin. I'm a full-time resident of Collier County. I've lived
here about 30 years, and I live in District No. 2. And I'm a veteran.
I'm also president and founder of Wounded Warriors of Collier
County; started 12 years ago, and our mission was to assist veterans
and their families with housing, mental health, and education. We're
an all-volunteer organization.
Three years ago, Commissioner Solis and LoCastro were
involved in the homeless veteran count we conducted here in Collier
County to document and validate the number of homeless veterans
living in our county so that we could put that in the r ecord so the
COC, HUD, and the VA would verify and acknowledge that we had
homeless veterans living in Collier County. That day we located 47
homeless veterans. The results were later presented in the fall to the
Collier County Commissioners. Most of you were on the
commission at that time. And I can tell you that at that time one of
the big issues we faced was that there was no beds available in
Collier County for our veterans.
Fast forward, today Wounded Warriors has opened three homes
for veterans. This county, we have 13 beds, and we've housed 12
veterans year to date.
You can clap. That's an unbelievable number.
(Applause.)
MR. MULLIN: Transitional housing -- the first transitional
housing for Alpha House was opened in January '20; permit [sic]
supportive housing was open from Bravo House in '21, and the
Charlie House was opened this month for our permit supportive
housing for senior veterans. All of these three homes have been
provided with the money from the private sector. Nothing from the
VA, local or state government, which has been very disappointing.
Our goal is to ensure that we end veteran homelessness in
April 26, 2022
Page 27
Collier County. It is within our reach, our goal -- the housing goal is
not to be confused with affordable housing. There's a segment of the
population that is at 30 percent of the AMI. For one individual at the
poverty level, their income is below 20-some-thousand dollars a year.
Rapid housing, transitional housing, and permit supportive
housing are the needs to prioritize that we better -- that the
community better understand this is a need that is not being
addressed.
Collier County received $74 million for the American Rescue
Plan. Recently -- it recently, I understand, set aside another
$20 million, part of the sales tax for affordable housing. And
looking at this plan in here, there's about 12 segments, categories, and
I couldn't find anywhere in here that there was any funding for
housing for veterans living in our county.
We're working on our next home project, which is the Delta
project. We're going to house up to 20 veterans on a single site, 10
apartments. It's going to cost us about $3 million. We need help
with the funding from this -- for this project. We will be under
contract this coming week, is our plan. And to meet this housing, it
cannot continue business as usual. We need your help.
Thank you very much.
CHAIRMAN McDANIEL: Thank you, Dale.
(Applause.)
MR. MILLER: That is all our speakers registered for Item 7,
Mr. Chairman.
CHAIRMAN McDANIEL: Okay. Move right along.
MR. ISACKSON: Commissioners, that moves us to Item 10 on
your agenda, Board of County Commissioners.
Item #10A
April 26, 2022
Page 28
RESOLUTION 2022-75: APPOINTING MEMBERS TO THE
ANIMAL SERVICES ADVISORY BOARD - MEREDITH
MCLEAN, IN THE HUMANE SOCIETY CATEGORY, TO FILL
THE REMAINDER OF A VACANT TERM EXPIRING ON APRIL
13, 2024; APPOINTING SHERRY REGO, IN THE LAW
ENFORCEMENT CATEGORY, TO FILL THE REMAINDER OF
A VACANT TERM EXPIRING APRIL 13, 2023; AND
REAPPOINTING KELLY HYLAND, IN THE AT-LARGE
CATEGORY, TO A FOUR-YEAR TERM EXPIRING APRIL 13,
2026, AND COME BACK WITH BOARD RECOMMENDATIONS
REGARDING REMAINING OPEN APPOINTMENT – ADOPTED
MR. ISACKSON: The first item, 10A, it's a recommendation
to appoint up to four members to the Animal Services Advisory
Board.
MR. KLATZKOW: Commissioners, you have four open seats
on one of my favorite boards, your Animal Service Advisory Board.
You've got three recommendations: Meredith McLean, Sherry
Rego, and Kelly Hyland. The fourth seat, there's no
recommendation. The fourth seat has traditionally been held open
for a representative from the pet retail boarding and grooming
industry.
We've had the application open since January 27th; have had no
applicants. I'm asking you, do you want to simply appoint one of
these three other applicants to this, or would you like us to continue
the process of searching for this particular category?
I would note that we have very few pet stores in Collier County.
CHAIRMAN McDANIEL: I was going to say.
Commissioner Taylor.
COMMISSIONER TAYLOR: I was reading where someone
stepped aside so someone could get appointed, and I'm trying find it
April 26, 2022
Page 29
here. I believe that happened in this board; isn't that correct?
MR. KLATZKOW: That is correct.
COMMISSIONER TAYLOR: And so I would suggest that the
young lady that stepped aside be appointed.
MR. KLATZKOW: We do not have her application before you
right now, I do not believe. But if you want to table this, I can get
you that, and we can look at that later in the meeting.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Is there a way to make a less
specific seat, like you said, because of the specificity?
MR. KLATZKOW: You've the option of opening it up to
anybody.
COMMISSIONER LoCASTRO: Can it just be, you know, and
at-large seat or something?
MR. KLATZKOW: Yes, sir.
COMMISSIONER LoCASTRO: So, I mean, that would just be
my recommendation. I've talked to some folks that are on that
Board recently, and they talked about this particular issue coming up
and that the challenge is that you don't -- we don't really have, you
know, a competitive group that sort of fit that, and by not getting
applications, it proves it.
So I don't know if making it an at-large seat, that might be too
big of a leap. But some way to make it -- open the aperture a bit, I
think, would be the way to do it rather than just automatically
appoint, you know, one person or something, default to somebody,
which I'm never a big fan of.
MR. KLATZKOW: The ordinance gives you tremendous
latitude in choosing the seat.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: So I'm just reading in the
minutes of April the 6th, Ms. Antonio advised the Board that she was
April 26, 2022
Page 30
rescinding her application in favor of Ms. Highland. So I would
very -- I think that's remarkable. That's someone who's paying
attention. So I'd like to see -- you know, to see her appointed to this
role. I don't know if we need to -- she's applied. It's been reviewed.
The final is what is before us. It's not as if it hasn't been reviewed.
So I'm thinking that she has been -- Ms. Antonio has been Animal
Service Advisory Board. In the past -- she's been at the Golden Gate
Community Center Advisory Board in the past. I think she might be
a perfect person to fill in this spot.
CHAIRMAN McDANIEL: Well, my vote would be that we
appoint the three recommended by the -- by the executive summary
and leave that fourth seat open until further discussion, whether we
open it up for an at-large. I didn't see any of the communications
with regard to the advertisement or solicitation with -- because as you
said, we only have a couple of pet stores that are here now.
MR. KLATZKOW: And you would need very thick skin to sit
on that board if you owned a pet store.
CHAIRMAN McDANIEL: I agree.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: There may not -- so opening it up
to an at-large may be -- may be a better route. So I think -- I would
prefer that we appoint the three that are recommended, and then leave
that fourth seat open for further applications.
MR. KLATZKOW: And we could take -- we could come back
to the Board with another recommendation by the board if you'd like,
the Animal Services Advisory Board.
COMMISSIONER TAYLOR: That would be an idea.
COMMISSIONER LoCASTRO: Yeah. Second.
COMMISSIONER TAYLOR: So moved; second.
COMMISSIONER SAUNDERS: Okay. So we have a motion
and a second, and the motion is to do what?
April 26, 2022
Page 31
CHAIRMAN McDANIEL: Appoint the three that were
recommended by the committee and then come back with a
recommendation from the committee as to how to fill the fourth.
COMMISSIONER TAYLOR: Number 4.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN McDANIEL: It's been moved and seconded that
that's what we do without repeating it three times.
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.
Item #10B
RESOLUTION 2022-76: APPOINTING FOUR MEMBERS TO
THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE
- JACOB WINGE, ELLE HUNT, HECTOR SANCHEZ, AND
MELANIE MILLER TO TWO-YEAR TERMS EXPIRING
MARCH 9, 2024 – ADOPTED
MR. ISACKSON: Commissioners, 10B is a recommendation
to nominate and appoint four members to the county government's
Productivity Committee.
MR. KLATZKOW: You have four open seats. These are
April 26, 2022
Page 32
at-large seats. The requirement is that an at -large member be
nominated by any commissioner, and you must receive four votes for
appointment. You have a number of applicants. There's a
recommendation from the committee for Jacob Wingy, Ellie Hunt,
Hector Sanchez, and Melanie Miller.
CHAIRMAN McDANIEL: And, Commissioner Saunders,
you're first.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I sat with the Productivity Committee when they went through
the interviews and discussion concerning the vacancies. This is a
really hard-working group of folks, really committed. They spent
the whole meeting, basically, going through the applications. And
they had a bunch of them. I forgot the number. I think it was about
10 or so. And then they went through each one and kind of voted.
They came up with the four that was -- that were just mentioned.
And I would suggest -- I won't make the motion yet because I want to
give everybody an opportunity to discuss this, but I would suggest
strongly that we appoint the four that they've asked us to appoint.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I'd concur with that.
And I wanted to preface it saying that there were actually 13
applications. If you remember the last time that we talked about this
issue, there were four applications for four seats. And I was -- and I
think we're all in agreement, but I was very vocal that I just -- I
always hate that when you're getting -- this is an important
committee. They're all important. And when somebody gets a seat
by default because we had four applicants and four seats -- so I really
just wanted to thank the community and also my fellow
commissioners here who I know advertised that, you know, we had
open positions on different boards, and to get 13 applications -- and I
heard the same thing, that the board did a great job looking at the
April 26, 2022
Page 33
applications, picking the four most qualified people.
So I think it's great that we had a competition so that we get the
best-qualified people, and I think in this case we did. So I'd second
Commissioner Saunders' motion to appoint the four that the board
recommends.
CHAIRMAN McDANIEL: We have a second to the
non-motion.
COMMISSIONER SAUNDERS: I'll make that non-motion a
motion, then.
CHAIRMAN McDANIEL: It's been made as a motion and
re-seconded by Commissioner LoCastro.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: Okay. 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.
MR. ISACKSON: Thank you, Commissioners.
Item #10C
BOARD OF COUNTY COMMISSIONERS WRITE A LETTER IN
SUPPORT OF THE WILLOUGH’S APPLICATION TO THE
DEPARTMENT OF CHILDREN AND FAMILIES (DCF) FOR
DESIGNATION AS A RECEIVING FACILITY - MOTION TO
APPROVE – APPROVED
April 26, 2022
Page 34
MR. ISACKSON: Item 10C is sponsored by Commissioner
Solis. It's a recommendation that the Board of County
Commissioners write a letter in support of the Willough's application
to the Department of Children and Family Services for designation as
a receiving facility.
MR. IGNELZI: I probably have some AV help for an
overhead.
MR. MILLER: Put stuff on the visualizer.
COMMISSIONER SOLIS: Okay. And let me just -- let me
introduce Mr. Ignelzi first.
Okay. While they're teeing that up, I just -- I brought this
forward. I was contacted by the Willough regarding their
application, and one of the things that was identified in the strategic
plan, the mental health and addiction strategic plan, kind of as a
future thing to address was the fact that we didn't have an operating
psychiatric hospital. The Willough has had that -- and I'm going to
let Mr. Ignelzi go through it. It has had that certification, or part of
it.
And so one of the things that happens is -- and most of the folks
we're talking about that would benefit from this are elderly Medicare
patients. And we've dealt with this, traditionally, by having them
utilize Park Royal in Lee County.
And so when the Willough contacted me that they're interested
in completing the certification and remodeling, I think, would be the
best way to explain it, some of their facility to provide these kinds of
beds in Collier County, you know, again, it's another piece of the
strategic plan that's -- that was a future goal that is now coming to the
present.
So -- and I'll just -- I'd like to, if I can, Mr. Chair, to provide
some time for Mr. Ignelzi here from the Willough --
April 26, 2022
Page 35
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: -- to give us a little presentation so
that everybody understands the difference bet ween what
we're -- what the Willough's proposing and the central receiving
facility that we've been working on.
CHAIRMAN McDANIEL: And certainly no -- I appreciate
you asking, but we'd love to hear -- we'd love to hear from you.
MR. IGNELZI: I have a brief presentation for you. And,
again, thank you, sir. I appreciate the introduction.
Again, my name's Jim Ignelzi. I'm with the Willough at
Naples, and I have a brief presentation just to talk about our plan
proposal. And we'd like to thank the Board for allowing us to be
here today with you.
The Willough at Naples, we're in the -- we're on the East Trail.
We're located at 9001 Tamiami Trail East, not too far from here.
Just to give you some shots of what the building looks like from
the street and from the parking lot, and the aerial view. As you can
tell, we have four wings in the facility. We're bordered by water on
two sides and an assisted living just next door to us. And, of course,
the Trail right in front of us.
This is who we are. We're an 87-bed psychiatric hospital.
We're licensed by the Agency for Healthcare Administration. Our
national accreditation is with the Joint Commission, and we're
certified by the United States Centers for Medical and Medicaid
known as CMS. And we were established as Willough Healthcare in
2000.
What we do is we serve adults with concurring mental health
and substance abuse issues requiring an in-patient level of hospital
care. We provide mental health stabilization and treatment,
including medically supervised detoxification services, and currently
all of our patients are voluntary. And when folks come to us, they're
April 26, 2022
Page 36
here from -- anywhere from one week to one month, and then we
transition our clients to a lower level of care, whether that be
outpatient or intensive outpatient or whatever that client needs.
We've been providing services, as I said, since year 2000. But
under previous ownership, the facility has been part of the East
Naples community since the early 1980s. We've been here for over
40 years, the building has. Went through all three or four of the
hurricanes and sustained -- sustained itself through that.
Here's our plan, as Commissioner Solis had mentioned. What
we'd like to do is to convert 24 of our 87 beds into what's called
Baker Act receiving facility beds for Collier County residents
requiring what's called an involuntary examination. And we believe
that our plan is consistent with the Collier County five -year mental
health and addiction strategic plan, the 2017 community needs
assessment. Clearly, a growing demand based on population and
service needs here in Collier County. And as the commissioner
mentioned, to reduce the need to refer Collier residents to Lee,
Charlotte, and other counties for involuntary examinations.
What we plan on doing is helping to reduce the service gap.
The plan is intended to fill the service gap in Collier County for those
Collier residents referred out of the county due to payer issues or due
to existing bed capacity.
According to the most recent University of South Florida Baker
Act Report, which they do annually -- and I believe the most recent
one is calendar year 2018/2019 -- about 20 percent of Collier County
residents are referred to Lee County Park Royal Hospital annually
because of, like I said, issues of capacity or issues of payer source.
This is about 500 people a year.
As a Medicare-approved facility, the Willough accepts disabled
and elderly Medicare recipients, and to hopefully reduce the need to
refer these clients out of county. The plan is budget neutral. We're
April 26, 2022
Page 37
not asking for a dollar of public funding.
Here's what our proposal requirements are. We have to have
approval by our licensing body, which is the Agency for Healthcare
Administration -- and with the Florida Department of Children and
Families because, in Florida, DCF has oversight of the Baker Act
receiving facilities.
The other requirement is we have to renovate a 24 -bed unit.
We want the support of the county to do this. And, clearly, we'll be
coordinating our functions with David Lawrence Center, David
Lawrence Center receiving facility, additional providers in the
county, healthcare and mental healthcare providers, law enforcement,
and the judicial system. So those are the four areas that are
particularly important in order to get the proposal moving.
Here's where we are. The application for the receiving facility
has been submitted to DCF, and they're currently under review. It's
been in there from -- anywhere from about six weeks right now.
AHCA, the Agency for Healthcare Administration, has already
approved the renovation plans. We have an architect, engineer, and
general contractor for the renovation. We've already submitted the
plans, and we've already gotten some feedback from the county, and
we had resubmitted some of the corrections that they have asked us.
The scope of work includes improvements for the facility for
safety and security features as well as a separate entrance for our
clients and for law enforcement or ambulance service that's coming
into the facility. And, clearly, we've got to continue to work with
our stakeholders, as I mentioned earlier.
We have a history over -- since we've been here as the Willough
healthcare for capital projects at the facility. About every two to
four years we seem to be renovating or fixing something. In 2010
we renovated a 100-wing unit, which is the unit right now that we're
considering to be the receiving facility. It's the 24-bed unit.
April 26, 2022
Page 38
We purchased the facility and renovated it for an outpatient
program at 11063 Tamiami Trail East, we renovated a second unit in
2014, and then a third unit in 2020, and just recently we've been
working with the Water Department to install a dedicated fire line
from the water main at the street into the facility. And, like I said,
we're currently working with Facilities at Collier County to get the
renovation approved by Growth and by Fire as well.
That's it. Thank you for your consideration, and we're open to
any questions that you might have.
COMMISSIONER SOLIS: And just -- if I can, just to jump in
and to really kind of clarify the gap that we're talking about, we're
talking about people that are -- that need hospital care. I mean, that's
really the difference. We don't have a psychiatric hospital. The
Willough is willing to fill that gap, and I think that's one of the things
in the strategic plan that we identified as a gap but had been getting
by by, you know, unfortunately, referring people to Lee County. But
this is an option to help address that locally. And all -- what the
Willough's asking for is just a letter of support that we're in favor of
what they're proposing to do. There's nothing else.
COMMISSIONER TAYLOR: I'll make that motion.
COMMISSIONER SOLIS: No.
CHAIRMAN McDANIEL: Commissioner Solis made the
motion. You can second it.
COMMISSIONER TAYLOR: I'll second it.
CHAIRMAN McDANIEL: There you go.
COMMISSIONER SOLIS: Thank you.
CHAIRMAN McDANIEL: I can't -- I can't thank you enough
for all that you're doing. Your leadership with regard to our mental
health plan has been an amazing attribute to our community. So I
really, really want to thank you, so...
COMMISSIONER SOLIS: Yeah. And thank you to the
April 26, 2022
Page 39
Willough for filling this gap. Thank you.
MR. IGNELZI: Thank you.
CHAIRMAN McDANIEL: Absolutely. It's been moved and
seconded that we provide this letter of support. 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.
MR. IGNELZI: Thank you.
COMMISSIONER SOLIS: Thank you.
(Applause.)
Item #10D
BOARD OF COUNTY COMMISSIONERS ACCEPT AN UPDATE
REGARDING THE COUNTY MANAGER RECRUITMENT
PROCESS AND PROVIDE ANY ADDITIONAL GUIDANCE -
MOTION TO ACCEPT UPDATE – CONSENSUS
MR. ISACKSON: Commissioners, that brings us to 10D. It's
a recommendation that the Board of County Commissioners accept
an update regarding the County Manager recruitment process and
provide any additional guidance. Amy Lyberg, your Human
Resources director, will present.
April 26, 2022
Page 40
MS. LYBERG: Good morning, Commissioners.
At your meeting last -- at your last meeting you selected seven
of 40 candidates to move forward with the recruitment process, after
which our department reached out to provide them an update about
the -- about what was going to happen next. And you had decided
that we are going to do a background screening process before
moving to in-person interviews.
We are currently working with the Procurement Department as
well as the County Attorney's Office to secure a vendor to do that.
And I'm just going to give you a brief overview of some anticipated
timelines from this point forward with the remainder of the timeline
for recruitment.
Based on the outcome of the background screening process, six
candidates remain for consideration. For your awareness, Greg
Chavarria withdrew from consideration last Friday.
CHAIRMAN McDANIEL: So there are six candidates now?
MS. LYBERG: Yes, sir.
So we expect that the agreement with the third-party background
screening vendor will be completed by tomorrow, and then we will
begin the system setup that we need to undergo use of that system.
Once we initiate the screening process, which we expect by next
Monday, May the 2nd, the candidates will be notified of the
process -- of the steps that they need to complete for the background
screening. Provided the candidates get all the information, and we
expect everything to be back -- the screening results to be back to the
county by Friday the 13th of May.
And then we have some decisions to make, or you have some
decisions to make about how you'd like to proceed. One of the
discussion points from last meeting was when you wanted to bring
those candidates in for in-person interviews. And keeping in mind
as well as that you do have three candidates who are on the list who
April 26, 2022
Page 41
come from out of the state. One is coming from Georgia, one from
the State of Washington, and one from South Carolina.
So some consideration to have everybody interviewed no later
than Monday, May the 23rd, and then determination of either a
finalist at your May 24th board meeting, or if you want to defer and
have some discussion about some finalist candidates, consideration to
bring them back for in-person presentations on June the 14th and then
negotiation and have the contract completed by Tuesday,
June -- pardon me -- June 28th.
CHAIRMAN McDANIEL: Are you done?
MS. LYBERG: I am done.
CHAIRMAN McDANIEL: Okay.
MS. LYBERG: Thank you, sir.
CHAIRMAN McDANIEL: Well, I just wanted to make sure
before I interject here. So you might have been gathering your
thoughts.
I like the schedule except for the last two. I personally don't
care for us to be going along without having -- I would like -- I would
like this board to recommend a County Manager prior to the end of
May, even if it necessitates a special meeting of our Board, even if it
necessitates some additional time requisites of our board to do the
interviews and do what we need to do. I think -- I think we would be
remiss if we pushed this off until the end of June with the departure
of our current manager at July 1st. So timeline-wise things seem
okay, and then I have another comment.
But, Commissioner Saunders.
COMMISSIONER SAUNDERS: I understand the need to
have a new manager on board prior to the departure of our current
manager; however, I think trying to squeeze this month out of this
process isn't going to work. And I would suggest that Mark will be
here until the end of June, a nd we have two acting -- or two Deputy
April 26, 2022
Page 42
County Managers, Amy Patterson and Dan Rodriguez. And,
certainly, if there's a delay in getting someone new on board for two
or three weeks into June, that's not going to present a problem for us.
So I don't think squeezing that time period by a month is the
right thing to do. I would agree with it if we didn't have two capable
people that are ready to take over and are, quite frankly, acting as
Deputy County Managers right now.
CHAIRMAN McDANIEL: You know, I didn't give that
consideration when I made that statement, so I appreciate your
thoughts in that regard.
I was looking more for a nice handoff from the newly
anointed/appointed County Manager to have 30 days to work with the
existing County Manager and didn't really give the credit where it's
due with our two deputies. So there isn't as much of a rush as what I
had necessarily perceived. So I'm okay with this.
I do have another comment I'd like to make, and this has to do
with Commissioner LoCastro. At our last meeting I had proposed
that we only actually go into the interview and background on the
candidates that were selected that had at least three commissioners
nominating them. And there were two others -- there were two of
the total seven that didn't, and I would like to have a discussion as to
whether or not we want to -- because I've gone through and
reviewed -- I, actually -- by the way, I wasn't the one who -- I was the
one out on Chavarria, the gentleman that's already withdrawn his
application. He must have heard that I didn't pick him, so he
decided he didn't want to apply.
But I would ask your consideration or thoughts, do we want to
go forward with all of the candidates that we've prescribed or reel it
back to the candidates that received at least three or more of our
nomination?
COMMISSIONER LoCASTRO: I'll just -- I pushed my button.
April 26, 2022
Page 43
I look like I'm the only one lit, I think.
CHAIRMAN McDANIEL: Yes, you are.
COMMISSIONER LoCASTRO: I think we go through as we
have -- as we have previously voted. I think having six candidates
makes it more competitive for all six of them. You know, they're -- I
don't think we need to -- I don't see the reason that we would relook
at the names or go back. I think we have a good process. We all
agreed.
And I think the best candidate -- you know, cream will rise to
the top. So if there's -- you know, if he want to take, you know, time
now to look at one or two and pull them out of the competition after
they've already been told that they were a finalist, I think also looks a
bit sloppy, and I wouldn't think that that's how we want to operate as
a county.
And, number two, I think that regardless of who's in the mix
now, we're going to pick the best-qualified candidate.
So I think, you know, HR's already reached out to these people.
We've invested time and background checks and whatnot, and I
think, you know, we go forward on our word from our previous
meeting and our vote.
CHAIRMAN McDANIEL: Gotcha. Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I tend to agree.
We've got a process in place. I don't think we should change it every
time we get together and meet. So let's keep the process in place
that we have. We just have one less candidate than we did.
CHAIRMAN McDANIEL: Yes, sir. It was just a thought that
I had back in the beginning, you know, when we -- when we
actually -- when we actually nominated these candidates. In the last
process, we had pretty much stayed with three or more nominations
of the Board from the outset, and I was leaning -- but I'm okay. I'm
okay -- I'm okay with the process as it's established, so -- I just
April 26, 2022
Page 44
wanted to bring that up and have that discussion, so...
Do you need a vote from us with regard to this? You're pretty
much -- I'm hearing concurrence from this board with regard to the
schedule and timeline.
MS. LYBERG: Just wanted to provide an update, sir.
CHAIRMAN McDANIEL: Outstanding. So no vote required.
Thank you.
Item #11A
A CHANGE ORDER UNDER AGREEMENT NO. 18-7474 WITH
MITCHELL & STARK CONSTRUCTION CO., INC., IN THE
AMOUNT OF $10,058,017.11, INCREASE THE PURCHASE
ORDER TO COMPLETE PHASES 5A AND 5B PIPELINES BY
$13,192,717.11 ($10,058,017.11 CHANGE ORDER PLUS
OWNER’S ALLOWANCE OF $3,134,700), INCREASE THE
CONTRACT TIME FOR AN ADDITIONAL 345 DAYS,
APPROVE THE REQUIRED BUDGET AMENDMENT, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
CHANGE ORDER. (PROJECT NO. 70194, WATER
/WASTEWATER BOND FUNDS (415 AND 419) - MOTION TO
APPROVE – APPROVED
MR. ISACKSON: Commissioners, that brings us to County
Manager's report, Item 11A. It's a recommendation to approve a
change order under Agreement No. 18-7474 with Mitchell & Stark
Construction, Inc., in the amount of $10,058,017.11. It's an increase
to the purchase order to complete Phases 5A and 5B pipelines by
$13,192,717.11.
CHAIRMAN McDANIEL: Did I miss you on that previous
one?
April 26, 2022
Page 45
COMMISSIONER TAYLOR: No. I just know that this is
going to have a little bit longer discussion than maybe the other one,
so I respectfully ask that we move this to another time, or else we
will be discussing this, and Riviera will be here until about 11:15, I
have a feeling. There's a lot of people that want to speak, my
understanding, on 11A.
CHAIRMAN McDANIEL: How many public speakers do we
have on this?
COMMISSIONER TAYLOR: So Conservation Collier --
MR. MILLER: I'm sorry. On this item or --
COMMISSIONER TAYLOR: Yeah, 11A.
MR. ISACKSON: 11A.
MR. MILLER: 11A, I've got two.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: Your call.
CHAIRMAN McDANIEL: There's two public speakers.
COMMISSIONER TAYLOR: All right.
MR. ISACKSON: Mr. George Yilmaz, your Public Utilities
Department Head, will present.
DR. YILMAZ: Good morning, Commissioners.
A Contract No. 18-7474 was awarded to Mitchell & Stark, one
of our in-ground services contractors, on March 12th, 2019, under
Item 11B for $77 million with an anticipated five-phase construction
plan.
Based on discussions with developers and demand projections
we have, not only to the north, to the east, but water/sewer
district-wide.
This CO purchase order modification completes 5A construction
to the Immokalee Rural Village and 5B to Hogan Islands, also known
as Bright Shore town development.
In summary, what our governing board did, it approved a
April 26, 2022
Page 46
program to serve to the north, Hogan Island village and town,
Immokalee Road Rural Village. Those are two villages and towns.
And to the east, Sky Sail, I'm pleased to report to you right now Sky
Sail, as we're presenting this item, we're putting meters in for homes
already being built there. That's how timely we were able to move
since 2019.
And then further to the east, Rivergrass town and village, further
south to the east, Longwater Village, and then added Bellmar Village.
So that's about six villages and towns this board requested us to be
ready to provide standardized countywide water/sewer irrigation
water services to those Board-approved developments.
We are on target in terms of time. We are on target in terms of
capacity. And -- due to the fact that we needed to upsize pipes to the
north and we needed to upsize some of the pipes to the east for other
demand above and beyond what we have forecasted. As you can
imagine, when you have five, six villages, in between there will be
infill; commercial development, residential development, affordable
housing development, including in these village and town areas.
So instead of going twice upsizing pipes, we decided as
Water/Sewer District to upsize the pipes, put the appropriate
hydraulics in place for us to meet the demand on the six towns and
villages.
Due to cost increases in pipe materials, as you can all relate to,
and pipe upsizing, project costs moved from 77 million to
$87 million.
We have the funding available, it was anticipated, and we're
asking for change order more modification to the purchase order for
us to move forward to complete this program.
As far as the segments go, briefly, we have Segment 1, piping
along 39th Street to avenue north, east, south of the fairgrounds,
100 percent completed on time, on budget; Segment 2, piping within
April 26, 2022
Page 47
Phase 1 of Big Corkscrew Swamp Island Regional Park, on budget,
completed; and Segment 3, internal wastewater plant, two pump
stations, storage tank, and associated piping completed substantially,
75-plus percent, and we're asking for -- we're asking for 5A and
5B -- as I mentioned, Segment 4, piping to the future Hyde Park
Village already been energized, and we're providing high-quality
water service already there as they build.
If you have any questions, I have my chief engineer and
engineer for northeast available, and I have my financial manager and
director available if there are any questions on the funding
mechanisms.
With that, if there are any questions, I'm ready to answer.
CHAIRMAN McDANIEL: I have one. Well, Commissioner
Taylor, go ahead.
COMMISSIONER TAYLOR: Well, I just need to understand,
who pays the upcharge? Who pays the -- I used the wrong word,
didn't I? The $10 million, who pays for that? How is that paid for?
That's an amendment to a budget. How is that proportioned?
DR. YILMAZ: That is part of the bond proceedings. We
borrow money to build our future capacity against impact fees being
collected and to be collected in the future. Let's say if the bond
proceedings and bond sunset is 10, 15 years, our payment plan is
based on impact fees. That is our customers. It doesn't matter if
they are in -- within let's say Isles of Preserve or someone building
custom home anywhere in Collier County. When they connect to
our system, they pay the same impact fee as they would on the six
villages and towns; therefore, the capacity is paid by the customers
who is going to benefit from the capacity as far as impact fees go.
CHAIRMAN McDANIEL: The new customers?
DR. YILMAZ: New customers, yes, sir.
In some cases, customer can upgrade their house; they may have
April 26, 2022
Page 48
to pay additional capacity as well.
COMMISSIONER TAYLOR: So there's a substantial number
of folks out there that don't accept that.
DR. YILMAZ: Yes.
COMMISSIONER TAYLOR: What they -- what the response
or discussions I've had with them is that this 10 million amendment
charge should be shouldered by the development that it benefits, not
by the ratepayers who are in the system. And I'd like you to respond
to that, please.
DR. YILMAZ: Absolutely, Commissioner. Let me -- let me
try to clarify -- let me try to clarify the inquiries we have and
inquiries you did have, who pays for what.
In Collier County Water/Sewer District, it's a special district
created by the Florida Legislature. We cannot subsidize any other
operations nor any other operations, including ad valorem taxes, can
subsidize us. We have to be cash and carry.
As you recall, our board, reluctantly, approved impact fees
going over 32 percent. We increased our impact fees because of the
fact that it needed to be increased to justify what I just stated
where -- individual customers.
CHAIRMAN McDANIEL: New.
DR. YILMAZ: Yes.
CHAIRMAN McDANIEL: New customers, and that's an
important distinction, Commissioner Taylor. That's not the
ratepayers that are currently in the system.
DR. YILMAZ: Now, all customers, once they become our
customers, including new customers, they also pay user rates. User
rates has a fixed cost for R and R, repair and maintenance, and
operations and maintenance. All of our customers will pay that,
including our new customers. That's the ratepayers [sic] that we all
pay, including myself.
April 26, 2022
Page 49
But I'm not paying for new development. New customer is
paying for what we are building new. I'm only paying for user rates
that is to operate, maintain, provide the service the way we're getting
it.
COMMISSIONER TAYLOR: But when there's an oops and
the bill is $10 million, where is the liability? Should it be on
the -- I'm asking. Should it be on the ratepayers that have
been -- that are part of the district, or should there be some
mechanism designed whereby that oops is laid on the development?
DR. YILMAZ: In our case, I can only speak for Water/Sewer
District and Solid Waste. Solid Waste, we don't have impact fees.
All included in the tipping fee.
For Water/Sewer District, ma'am, we have -- every two years
rate study is updated. Every one year our CIP's updated, and if any
CIPs in terms of capacity increase triggers rate study update, we
bring that to you. So we're monitoring it fairly frequently so that we
do not have situation you just mentioned.
COMMISSIONER TAYLOR: But we've got that situation
now. So how -- how is the public -- how is the public reassured that
we, in the west -- and, unfortunately, that's the way it's looked at. I
don't know too many places that are developing like we are.
Redeveloping is another thing. It's alrea dy developments. But this
is brand new, plow the land, built the houses, et cetera, et cetera.
How -- how are -- how are we -- how are you, as the county and
as the Water/Sewer District, going to ensure to the ratepayers in the
west -- and I have to use that -- that they are not paying for these
mistakes? And I don't want to say it's a mistake. It's a function of
time. It's what happens when -- especially now. How do
we -- when a development changes its mind on the size it's going to
be, where's the -- where's the liability for that?
DR. YILMAZ: That's a very good question. And I think what
April 26, 2022
Page 50
you're asking, Commissioner, might be broader than what I might be
able to answer, so I'm going to look at our former impact fee director
and our current Deputy County Manager.
Impact fees, all the way from roads and parks and libraries, they
are all commingled into total impact fee for development.
Water/sewer is one part of it. And I can only speak for water/sewer
that, yes, in Water/Sewer District, we are -- not maybe to the dime,
but we are as close as we can get to new customers pay for the
capacity; thereafter, they pay what I pay and what everyone else pays
as our ratepayers. So our --
CHAIRMAN McDANIEL: Got it.
DR. YILMAZ: -- user rates, including myself, I'm not paying
for the developers.
COMMISSIONER TAYLOR: Do the impact fees that are
being charged factor in -- is there a margin within those impact fees
to say, what if this -- you know, what if this happens again? What if
we have an amendment where it's a $10 million increase in cost?
We have increase in supplies. Are the impact -- do the impact fees
factor that in?
MS. PATTERSON: Commissioners, let me see if I can weigh
in here and help a little bit with this. Amy Patterson, for the record.
So first, as the assurance to your question, the users throughout
the system, not just in the west, but throughout the entire
Water/Sewer District, are not bearing the cost of this project. This
project is an impact fee eligible project. It was qualified as an
impact fee eligible project in its entirety by our outside counsel.
Those pieces that were needed in the east to start to stand things up as
interim facilities were specifically carved out so that we have a very
clear picture on those elements that our growth items.
So these projects that Dr. George is speaking about as well as
this change will be paid for by impact fees. They are -- this type of
April 26, 2022
Page 51
capacity was intended in this area in the future. It has just become
clear that the capacity is going to be needed a lot sooner; therefore,
we have the opportunity to make this change now rather than having
to go back in the future and put another pipe and, frankly, easements
that it's difficult to do.
So while seeing this type of change order is alarming at
times -- it's a very large dollar amount -- we have to see it as an
opportunity to provide service in the correct way. It is good
planning to do this now and to get over this hurdle with the cost.
But the impact fees anticipate our capital program over the next
five years and looking to the 10 years. As Dr. George stated, these
impact fees are aggressively updated, particularly for water and
sewer. We're looking at them frequently, particularly in high -growth
and high-costs times. These impact fees for water and sewer are not
subject to the statutory restrictions that the rest of the impact fee
program is in the timing, how often we can come back or the amount
that the fees can go up.
So as we look at the impact fees going forward, it is now time
for them to move into an update cycle. Not only our future will be
looked at -- this is a future-looking fee as well, which makes it
different than the other fees -- we'll be looking at exactly the value of
our assets and our asset inventory, the costs at our plan going forward
in order to fully capture costs for new development.
COMMISSIONER TAYLOR: I don't have any --
DR. YILMAZ: And if I might piggyback on what our Deputy
County Manager said. Your specific question in terms of this
change order, who's paying for this additional change order or
change -- PO mod change, PO modification. It is the same pot of
money that we borrowed and we bonded against impact fees. So
even though there is a request for additional payment for additional
capacity, that we want to make sure we meet the demand for the
April 26, 2022
Page 52
future, funding source for this $8 million coming from the same
bonding source that was borrowed against current and future impact
fee revenues.
COMMISSIONER TAYLOR: So when you budgeted this
amount we borrowed --
DR. YILMAZ: Yes, ma'am.
COMMISSIONER TAYLOR: -- you incorporated situations
such as these?
DR. YILMAZ: Yes.
COMMISSIONER TAYLOR: Thank you. Anticipated that
cost to factor in increasing costs --
DR. YILMAZ: Yes.
COMMISSIONER TAYLOR: Trouble with this, delays,
whatever, you factored that into the whole amount?
DR. YILMAZ: Yes, ma'am.
COMMISSIONER TAYLOR: Thank you. I don't have any
questions right now.
CHAIRMAN McDANIEL: Good.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Okay. A couple comments
and a couple questions.
This board has been criticized from time to time -- this is going
back 20 years, 30 years ago -- for having some of the highest if not
the highest impact fees in the state, and this is the exact reason why
we have always maintained very high impact fees. We want to make
sure that growth pays for the growth; that the ratepayers, for example,
in this case are not paying for the cost of new growth out in the
eastern part of the county. So I'm glad that we had that policy.
That's been in place for a long, long time, and hopefully we'll
maintain that policy going forward.
But I want to clarify a couple things just so that everyone
April 26, 2022
Page 53
understands, and maybe I'm misunderstanding this. But the plan is
for these bond proceeds to be paid for through impact fees. You're
going to have -- I know you have a rate covenant, and I'm assuming
that the rate covenant requires a certain coverage. And if there's a
slow-down in growth, you still have to make the bond payments.
And so I'm assuming that the ratepayers may have a problem if there
is a significant slow-down in growth; for example, an impact fee
collections drop-off. Is that correct? I mean, we have other
revenues pledged other than impact fees, I assume? That's a
question.
MS. PATTERSON: So, uniquely, in the area that we're talking
about and specific to these projects, we are entering into developer
contribution agreements with each of the landowners/developers as
they come forward, and they are providing upfront payments of
impact fees as well to, essentially, what we've deemed "share the
risk" for exactly the situation that you're describing or one of the
developer's own making if they don't proceed forward under their
schedules. If they for some reason develop in a different way, we
now have the shared adversity. We are expanding the utility, and we
will be serving these developments. But the developers have agreed
that there is that element of risk they're willing to share with us on it
by providing those upfront payments helping to offset that full burden
to the county.
Joe's here as well, Bellone, that can describe that as well as
anything that you want to know about the bonds, but understand that
we are receiving those upfront payments of impact fees in order to
address some of those concerns about this because of the uncertainty
of the future.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Okay. So if there is
slow-down growth, there is exposure to other revenue sources other
April 26, 2022
Page 54
than impact fees?
MS. PATTERSON: There has -- there has been only one time
that I recall in the past in the Water/Sewer District where there was a
temporary infusion of user fees to help with the impact fees. Joe
would best be able to answer that question.
MR. BELLONE: Good morning, Commissioners. For the
record, Joe Bellone, Utilities finance director for Public Utilities.
There was one instance and, again, as a result of the recession,
the wastewater user fees had to loan $13 million to the impact fees.
We had a repayment schedule, and we received full and final
payment back to the user fees within four or five years. I think it
was five years. And by two thousand and -- no, Irma was 2017. So
by the time Irma came, 2017, all of those were repaid. So it was one
instance. It's very different from the General Fund and
transportation where taxes have funded and taken place of impact
fees.
COMMISSIONER SAUNDERS: And just to wrap up, then, I
don't see where we have any choice anyway. We want to put the
right size pipes in.
MR. BELLONE: And, Commissioners, each of these two --
COMMISSIONER SAUNDERS: I just wanted to make sure
that everyone understood the potential exposure for the ratepayers,
then, is extremely low.
MR. BELLONE: We met with Barron Collier, and, you know,
somebody I know very well working with was Nick Casalanguida.
He said to me, you know what, that was quite a program I set up. He
says, now it's coming back to bite me. So he's agreed to advance
impact fees. And we only allow them to use 50 percent of that every
time they pull a permit, only 50 percent. So we're not only
guaranteed the advance, we're guaranteed additional impact fees as
they proceed through those initial phases of development.
April 26, 2022
Page 55
COMMISSIONER SAUNDERS: Thank you.
MR. BELLONE: So we've got great agreements coming up.
CHAIRMAN McDANIEL: Thank you, Joe.
MR. BELLONE: Sure.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Just a couple things. And
this -- these upfront agreements on the -- there's nothing that requires
the landowners to do that, correct?
MS. PATTERSON: No, it is voluntary.
COMMISSIONER SOLIS: It is voluntary, okay.
And -- so some of the change order relates to just increasing
costs, right? I mean, there's a lot of that, but there's also now a
change in capacity.
So it's, really, my question is, you know, is there or was there a
way to plan a little better so that the change order wasn't as big as it is
percentage-wise, or -- and, really, I ask that question just to make
sure that, you know, our process is as good as it can be. I mean, you
know, the Water/Sewer District does an amazing job, and I just raise
that as, was there anything -- is there anything that we can do in the
future to kind of head something like this off?
MR. BELLONE: Well, we did, Commissioners. You're very
supportive of the Water/Sewer District, and you've -- from 2019 to
2021, you've approved two bond resolutions. The second bond
resolution, the larger one, anticipated additional pipelines to
supplement the initial capacity we'd be providing to these
developments. We're kind of just moving that forward a bit so the
funding for this is available because you were -- you were wise
enough to approve those bond resolutions. So rather than -- as Amy
mentioned, rather than having to put in a second set of pipes later on,
we're upsizing these pipes today. It's a matter of timing.
COMMISSIONER SOLIS: Okay.
April 26, 2022
Page 56
MS. PATTERSON: Commissioner Solis, just to further that,
we are constantly working on our change order process in order to get
better at what we do. Change orders are a useful tool for our project
managers, but we work closely with the Clerk of Court s as well to
make sure that if there are things that we can do to streamline
processes or to be better in advance of these change orders, those are
all things that we're looking at.
COMMISSIONER SOLIS: Okay. Yeah, I mean, change
orders are going to happen. Material costs are going to go up, even
though probably nobody anticipated how fast they'd go up now.
But -- okay, that's all I had. Thanks.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I mean,
Commissioner Solis' question answered about 75 percent of what I
was concerned about.
But to just clarify, this isn't really a $10 million mistake or
oversight or what have you. If you read the change order, which I
have -- and I pulled it up here in front of me -- in great detail it talks
about the increased capacity and basically being more proactive so
we don't have to go back with bulldozers and tear up sidewalks and
streets and everything down the road. So although this is a big
chunk of change and it would have been nice to know it up front,
some of the cost is the increased costs, which we didn't have a crystal
ball to know.
But am I correct in saying the bigger chunk in here is the
proactiveness, the larger pipes, the bigger -- you know, making it a
more inclusive project that will stand the test of time? I mean, that's
how I read this change order.
Is that correct, Joe?
MR. BELLONE: I'm going to say it's -- and I'll look at Craig.
It's probably a 50/50. I mean, obviously cost increases. But,
April 26, 2022
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yeah -- and it is an element of the planning.
DR. YILMAZ: Commissioner, the answer is yes, it is proactive
approach. And one of the things we -- one of the things here, not
visible, is that upsizing these pipes going to the north will give us
tremendous visionary future opportunity to interconnect with another
water/sewer district called Immokalee Water/Sewer District.
These pipes going all the way to Hogan Village and Hogan town
makes it technically financially feasible for us to interconnect with
Immokalee Water/Sewer District in case of emergencies or scales of
economy.
So answer is yes. We upsize it for the demand for the
development, but there are above and beyond regional opportunities
for us to have interconnects.
Bonita Springs Utilities, you may not know, some of you do, we
have two interconnects with Bonita Springs Utilities. We have two
interconnects with Naples -- City of Naples Utilities. We're working
on City of Marco for wastewater and water interconnect as we speak,
and I think that the resiliency in terms of reliability for our regional
water supply life-sustaining services not just being in a silo, but being
able to help one another, as utility, move others where we need.
So Immokalee Water/Sewer District, let's say five years out we
have the interconnect, they need water, we'll be able to provide water
to them.
I hope that answers your question.
COMMISSIONER LoCASTRO: It does, yes. It does. And
also, thanks, Joe. I appreciate your comments as well. So both of
you answered my question. Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I'm done. I'm sorry.
CHAIRMAN McDANIEL: Okay. You were still lit up.
Dr. George, don't go away. And I think -- I think it was
April 26, 2022
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answered, but one of the things that disturbed me in the e xecutive
summary was the acknowledgment that Hogan Village was not
contemplated to be a town, and I took exception to that statement.
You and I talked about it yesterday.
DR. YILMAZ: Yes.
CHAIRMAN McDANIEL: I have a map in my office from
2008 when I served on the Five-Year Review Committee for the
Rural Lands Stewardship Overlay, and there's a dot on the map that
talks about that town and other towns that are purportedly potentially
coming. And we just recently adopted the five -year review.
So my question is -- and I'm all about doing it right once the first
time -- is the upsizing of the pipe request going to be sufficient for
our known capacities that we have, in fact, coming forward. That's
my concern. I made a note here about capacity. We talked about it.
And I just would like to hear you say -- answer the question.
DR. YILMAZ: Absolutely, Commissioner. Absolutely.
On February 13, 2018, RPS was being prepared. And at that
time, there was a discussion, village versus town. As this board
aware of, applications came in as town, then turned into village, and
then going back to town. During those discussions, of course,
demand projections changes.
But you're right, Commissioner, from day one our job is to make
sure that this board has the flexibility, adaptability, and ability to be
able to say, we will approve five towns instead of five villages.
That's at the discretion of this board. So we are upsizing and gearing
up for the capacity. Any of these villages turns into town, we will
meet the demand.
CHAIRMAN McDANIEL: Gotcha.
DR. YILMAZ: And you're right.
CHAIRMAN McDANIEL: Very good. Thank you.
And it's also important, just as a note -- this northeast regional
April 26, 2022
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system that has been in the works of Collier County for in excess of
20 years, we bought the piece of property where the Northeast
Regional Wastewater water facility currently is today. It's integrated
into the entire wastewater/water system of Collier County. This
system will ultimately provide relief and preventative maintenance
circumstances throughout all of Collier County's wastewater and
water system, if I am correct in saying that.
DR. YILMAZ: Yes, you're correct. There will be time, sooner
than later, Northeast Regional water plant will be shipping water to
the west and southwest. It's a regional plant that will provide water
north, east, west, south.
CHAIRMAN McDANIEL: Gotcha. Thank you, sir.
I believe we have -- how many public speakers?
MR. MILLER: Yes, sir. We have two public speakers. Your
first speaker is April Olson. She will be followed by Nancy Lewis.
CHAIRMAN McDANIEL: You can go right there, April, if
you want to.
MS. OLSON: I need the projector.
CHAIRMAN McDANIEL: Oh, you have something there,
okay.
MS. OLSON: Yes.
Good morning, Commissioners. Good to see you all. April
Olson here on behalf of the Conservancy of Southwest Florida and
our over 6,500 supporting families.
The Conservancy is very concerned that much of the costs to
build the new 2- to $300 million water/wastewater treatment plant in
the northeast service area are being passed on to ratepayers, most of
whom are also Collier County taxpayers. This agenda item before
you today is one example of how this is happening.
Staff's report says that the developer of Hogan Island Village,
now Bright Shore Village, wishes to later convert their village into a
April 26, 2022
Page 60
town. Staff then explains, quote, to provide future utility services to
both the village and town, pipeline sizes will need to increase from
12 inches to 16 inches, end quote. The report states the additional
cost to provide Hogan Island with larger pipes is 10.2 million.
The executive summary points to revenue bond funding as the
source to cover the additional expenses created by Hogan Island
Village. But who will pay to cover the debt service on the bonds?
Don't user fees cover the debt service on the bonds?
The developer of Hogan Island Village submitted a village
application to Collier County, not a town application. It is their
decision to later convert to a town, not the ratepayers' decision.
Therefore, if they want to be able to convert to a town, then the
developer should pay the entire $10.2 million to upsize the pipes.
I put this up here just as a follow-up to some of the discussions
about ratepayers paying for the plant. This document is from the
2021 Water/Sewer District bond. And it flat out says, the financial
projections indicate a need for additional rate adjustments. By the
way, this document was put out in July of 2021, three months before
there was a rate adjustment for three years for users in the
water/sewer districts, and it says that -- it's been adopted by the Board
primarily to provide funding to meet the ongoing capital costs of the
system. And these capital costs, a lot of them have to do, if you look
at the bond, with the new plant. So these -- this rate increase is
mostly due to this 200- to 300 million-dollar plant.
Also, I had some other questions on this interim plant. Also the
bond says that the District will build a 1.5 MGD interim treatment
facility at the proposed northeast utility site to meet eminent demand
proposed by the developers, and it also -- on another part it says that
this interim plant is being built for Hyde Park, Rivergrass, Immokalee
Road Rural Village, and Hogan Island. The latter two villages, by
the way, aren't even approved.
April 26, 2022
Page 61
Now, here are our questions. The 2020 AUIR says that the
$28 million interim plant will be decommissioned.
CHAIRMAN McDANIEL: April?
MS. OLSON: Yes.
CHAIRMAN McDANIEL: Your -- can you wrap it up, please.
MS. OLSON: Oh, sure, sure.
So the question is: Why would we build an interim plant in the
first place? And if the developer doesn't have -- if county doesn't
have capacity for the interim plan, then shouldn't these -- and they
can't wait for the main plant to be built, then shouldn't the projects be
denied, or they would have to wait for the main plant to be built.
So thank you very much.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next and final speaker on this item is
Nancy Lewis.
MS. LEWIS: Good morning, Commissioner McDaniel,
Commissioners. Again, for the record, Nancy Lewis, North Naples,
District 2. I was going to say something else, and after hearing
Mr. Yilmaz, I can appreciate the fact that they're taking a proactive
approach to upsize the pipes for unforecasted demand.
Commissioner Solis asked if there was something that we could
do to be more proactive that we would have avoided such a huge
changeover. Well, what -- these two villages in question are not
approved, so we're putting the cart before the horse again.
I understand we're planning for the future; however, why have
these upcoming villages not had a fiscal impact analysis done to
substantiate the fiscal neutrality or positive to Collier County?
Where's the transparency, the accountability to the public that their
analysis of facilities and services for transportation, potable water,
wastewater, and irrigation without having such provision -- the Board
is putting the burden of proof on the taxpayer rather than being
April 26, 2022
Page 62
transparent and providing it to the public so they feel comfortable and
can trust what this board is doing.
I suggest you take a step back until you can have fiscal analyses
done and continue this or deny it in the meantime. Thank you.
(Applause.)
CHAIRMAN McDANIEL: So with that, I'm going to close the
public portion of this. We're being called upon to approve this
change order as requested.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm going to turn back to
Ms. Patterson and kind of raise the same thing I raised before. But
in light of what Ms. Olson just placed on the overhead concerning the
potential need to raise rates, I noticed that you were sort of
disagreeing with that; at least that's what your body language looked
like as you were saying no.
So could you give us an explanation of that? Because that's one
of the concerns I had was, is there an impact on the ratepayers? And
I was pretty satisfied with the response that I've gotten, but now
we've got a little bit different information there in front of us.
MS. PATTERSON: Sure. I need to work on my poker face.
So the rates -- so remember that the Water/Sewer District has
two primary funding sources, the user rates and the impact fees.
User rates do pay for capital rehabilitation and retrofit, large capital
replacements.
So, yeah, there will be a need in the future probably for
additional rate increases as our system ages and things need to be
rehabilitated and replaced. That's one piece of this equation. But
that's happening all through your system now. It happens with
ratepayers' dollars now as we keep our system current.
This discussion is about the growth component, and that
component is funded by new users of the system. Those are -- they
April 26, 2022
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pay impact fees, and those impact fees go to build our new
infrastructure and additional capacity.
Every single one of these projects that has impact fees on it has
been reviewed by outside counsel for the exact reasons that we're
talking about here, the appropriateness of the funding source and to
ensure that we are using the correct funds to build these projects.
So while she did throw that -- put that document up on the
screen and it did make that reference, you have to understand that
that reference is related to the user rates, not the impact fees.
MR. YILMAZ: Very well said.
Furthermore, you have an agenda item, 11B. It's a great
example of what that statement was. We have R&R, repair and
replacement program, for our older infrastructure that our current
ratepayers, like myself, paying for. We have a 50-year-old lift
station that needs to be upgraded and meet current demand of the
current base, and that will be on your next agenda, 10B [sic], as a
capital program, and that's a good example of what Amy Patterson
just described.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: So with that, I'll make a motion for
approval as recommended per the staff report.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that the recommendation per the staff report be approved.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
April 26, 2022
Page 64
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
With that, we will take --
MR. MILLER: Mr. Chair, if I could, before you break, we've
got 21 speakers registered for the next item, and I've got a couple
problems here I need to sort out. Can I call a couple names to have
them come see me in the break?
CHAIRMAN McDANIEL: Sure.
MR. MILLER: Patricia Campbell and David Ziolkowski, if
you'll come see me during the break, I need to sort out a couple
things.
Thank you, Mr. Chairman.
CHAIRMAN McDANIEL: Just to correct Commissioner
Taylor, we will come back 10 minutes after 11:00, not 11:15.
(A brief recess was had from 10:55 a.m. to 11:10 a.m.)
MR. ISACKSON: Commissioners, you have a live mic.
CHAIRMAN McDANIEL: Okay. Everybody, if you'd please
take your seats and get ready. We're going to turn this over to
Mr. -- are you going to go first, Mr. Bosi?
MR. BOSI: Yes, Chair.
MR. ISACKSON: Sir.
CHAIRMAN McDANIEL: Oh, you want to read the item, let
everybody know what we're going to talk about?
MR. ISACKSON: I could abdicate my responsibility and give
that to you.
CHAIRMAN McDANIEL: I'm okay with that, too.
Item #10D
April 26, 2022
Page 65
DIRECT STAFF TO RESPOND TO A RICH YOVANOVICH
CORRESPONDENCE RECEIVED MARCH 25, 2022,
REGARDING THE RIVIERA GOLF COURSE CONVERSION
AND ASKING THE COUNTY TO DESCRIBE THE
LIMITATIONS IMPOSED ON THE PROPERTY BY THE GOLF
COURSE CONVERSION ORDINANCE IN ACCORDANCE
WITH FLORIDA STATUTES 70.001 (11)(A) 1.B., THE PRIVATE
PROPERTY RIGHTS PROTECTION ACT, AND AUTHORIZE
STAFF TO SUBMIT THE RESPONSE - MOTION TO NOT
RESPOND – APPROVED
MR. ISACKSON: There's a -- this is your 10:30 on or
about -- on or around time-certain. It's a recommendation to direct
staff to respond to a Rich Yovanovich correspondence received
March 25, 2022, regarding the Riviera Golf Course conversion and
asking the county to describe the limitations imposed on the property
by the Golf Course Conversion Ordinance in accordance with Florida
Statute 70.001(11) 11.A.1.b, the Property Rights Protection Act, and
authorize staff to submit the response.
Mike Bosi, your Planning and Zoning Director, will start the
conversation.
MR. BOSI: Thank you, County Manager.
Chair, Commissioners, Mike Bosi, Planning and Zoning
Director.
On March 25th I received an email from Mr. Yovanovich. He
is the representation for the applicant who's seeking to convert the
Riviera Golf Course to an alternative use. Within the letter that we
received; he basically states that the Board of County Commissioners
adopted an intent-to-convert process. That intent-to-convert process
is more onerous than what the regulations were on the books before
that intent-to-convert process was adopted.
April 26, 2022
Page 66
And he further describes that within the statutes, the Florida
Statutes, and it's 70-01, which is the private property rights provision
of the Florida Statutes, says that he respectfully requests us to
respond and describes the limitations imposed on the property for the
golf course conversion ordinance in accordance with the statute.
I've coordinated with the County Attorney's Office on whether
that -- how to compose that individual response that's within your
agenda packet dated today. Let me pull that up. Essentially, there's
a couple things before I -- and the essence of what the response letter
states is, if you read the statute, it was adopted in 2021 by the Florida
Legislature, assigned July 1st of 2021. And if you remember earlier
this year, we actually -- or we actually adopted the private property
rights element to our GMP which was related to the modifications
that they had provided to the statutes.
But within the statutes, it describes what is requested or what is
required of a jurisdiction who have adopted regulations that were on
the book -- or that would impose limitations on an individual
property. The only catch is is that law would have to have been
passed after July 1st of 2021 for us to have to reply.
So by the statutes we're not obligated to respond to
Mr. Yovanovich, but we want to respond to Mr. Yovanovich in the
sense that we also want to clarify that the item is not ripe right now to
evaluate whether there is a Bert Harris, whether there is a taking,
whether there is any imposition upon the properties because not until
the Board of County Commissioners makes a final decision on what
is and what isn't being imposed by that conversion process can there
be any substantiation of a claim. The Court has said it's not ripe
until there's an action by the Board denying or restricting the use of
property.
Within your intent-to-convert policy, which is 5.05.15 of your
Land Development Code, there is a little conflict where it says there
April 26, 2022
Page 67
can be no deviations from 5.05.15 as a whole. The code says there
can be no deviations. But later on within 5.05.15, it's 5.05.15 G -2.A,
it says, the Board may approve an alternative design for the proposed
intent-to-convert process.
So we think that the Board has the opportunity to make
wide-ranging decisions as to what is appropriate and what isn't
appropriate ultimately for a proposed golf course conversion.
I think what you're going to hear is the -- on Monday I was
presented a letter from Katie Berkey, who represents -- the attorney
who represents the Riviera Golf Association. They do not agree
with that assessment from staff that the Board can make an
alternative design. They think that their claim and their position is
there can be no deviations. Even though the code does say the
Board can approve an alternative design, they feel that that's not
pertinent. I, as the zoning director who interprets the code, view
that, that gives the Board the ability to have that discretion to make
those decisions.
All we're asking the Board to do is direct staff to respond back
to Mr. Yovanovich as I've clarified. By statute, we're not obligated
to provide that response, but we wanted to provide the response to
further clarify our position to say that this isn't ripe until the Board of
County Commissioners make a final decision on the proposed golf
course conversion.
And with that, I'm here for any questions that you may have
related to the issue. Like I said, it's pretty straightforward and pretty
succinct.
CHAIRMAN McDANIEL: Thank you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I guess a couple questions and maybe a comment or two.
We have 20-some-odd speakers here. We know what they're
April 26, 2022
Page 68
going to say, obviously, but we're not here on that issue. We're here
on a technical issue of whether we're going to respond.
Lawyers are tricky folks, and --
CHAIRMAN McDANIEL: I just took a sip of water.
COMMISSIONER LoCASTRO: Saunders, Solis, both
lawyers.
COMMISSIONER SOLIS: I'm in recovery. I'm in recovery.
Don't count me in on it.
COMMISSIONER SAUNDERS: And my comment would be,
we don't need to respond. Any kind of response we give is
something that will later be used against us. As an example is this
agreement with Ms. Berkey in terms of some of the comments that
were in the proposed draft.
The ordinance says what the ordinance says. The legislative
history of that ordinance is what it is. We have no obligation to
respond to this. And so I would say no response. I'm not going to
support any response.
Mr. Yovanovich, if he wants to file a Bert Harris claim, he's
entitled to do that. My view is, the issue's not ripe, as you said.
There's an application pending. We shouldn't be having a hearing on
an application that's pending. I don't believe he's met some of the
requirements of that ordinance, but that's another story.
So my view is no response. Mr. Yovanovich can act as he
determines is in the best interest of his client and just let it go from
that. But we do have a whole bunch of speakers that are going to
say this is a bad project, this is going to be a problem for us, and this
really isn't the right forum to hear all of that.
CHAIRMAN McDANIEL: Right.
Commissioner Taylor.
COMMISSIONER TAYLOR: I would agree with
Commissioner Saunders regarding not hearing -- not responding. I
April 26, 2022
Page 69
don't -- I'm -- attorneys are tricky folks, yes. And so I think that the
less said the better.
But I do have a point of clarification. Even though the
ordinance says -- the intent-to-convert ordinance says that we can
approve another design, it doesn't say we must.
MR. BOSI: No.
COMMISSIONER TAYLOR: So we have options.
CHAIRMAN McDANIEL: Absolutely.
MR. BOSI: The Board always has discretion on any matter
that's before them.
COMMISSIONER SAUNDERS: Just be careful, because
anything you say today is a matter of public record, and Rich will use
it. I mean, for example, you've said we have discretion. Well, I'm
not so sure we do. That's a legal issue, and I don't think we should
even be commenting on it. That's -- you just have to be careful.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SAUNDERS: Because, like I said, lawyers
are tricky people.
COMMISSIONER SOLIS: That's how tricky lawyers are.
Thank you, Commissioner Saunders.
CHAIRMAN McDANIEL: So less is better.
COMMISSIONER TAYLOR: Less is better. That's true.
CHAIRMAN McDANIEL: Commissioner -- are you okay?
COMMISSIONER TAYLOR: I'm fine, but then I just have
another question.
We have 26 speakers here, some folks who have come here.
And I'd like to remind everyone up here that we are talking to the
generation that sent their youth, they're here, at 19 years old to fight
in Vietnam. These are these people sitting in front of us. And so
after saying that, do we -- do we hear them understanding that we are
now -- I don't even think Mr. Yovanovich is here, so he's watching
April 26, 2022
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this. So do we allow them to -- or ask them not to or --
CHAIRMAN McDANIEL: Yeah, we'll ask the County
Attorney all that --
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: -- when the appropriate time
comes.
So, Commissioner LoCastro.
COMMISSIONER LoCASTRO: First I want to say I respect
greatly the residents that came here. You know, you're concerned
about your community, and I think citizen engagement is the most
important thing that often we don't have at times in this community,
and that's why sometimes things get built and then, you know, six
weeks later everybody's scratching their head going, what just
happened? And it got approved in an empty room.
On the flip side, to just stress to you -- and I don't think anybody
would keep a citizen from speaking at the microphone. But I think
what you think you're here for isn't actually what we're talking about
today. Your time is coming. So trust me, get your buses ready, get
all your folks ready, get ready at the microphone. But, most
importantly, be organized in your thoughts and really understand the
difference between rumor and fact and what's going to happen.
In this particular case, I agree wholeheartedly with
Commissioner Saunders. The ordinance is the ordinance. First of
all, I want to commend you. This is a very well-written letter, and if
this letter was sent, I think it would say what we would want to say,
you know, back to counsel. However, I also agree I think we stick to
the ordinance.
And this is a nice to do, not a must do. And so I don't think it's
required. I think that opposing counsel here that sent this request
knows what's in the fine print. And I agree that anything that we
send is a nice to have but not a must have. Well written, and you
April 26, 2022
Page 71
can tell you vetted this. So, Mike, I just want to commend whoever
put this together that it really is very succinct and to the point and
really outlines everything. I just don't think it's required.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I was just going to say that -- yeah,
I was going to -- and I agree with Commissioner LoCastro, although I
don't know that we've ever approved anything where there wasn't a
whole bunch of people in the room. I've been here for six years.
That's never actually happened.
But I would say that, you know, yes, your opportunity -- and
you're going to have extra opportunities because of this conversion
ordinance that we adopted to address the specific issue. You're
going to have the time to say what you're going to s ay.
And I would reiterate what Commissioner LoCastro is saying.
Organize your thoughts. And getting back to the tricky attorneys,
you know, anything you-all say today, which isn't really the time to
say it, will be part of the record as well.
So, you know, this is just about whether or not we send a
response to this letter which we've just been told is -- it's not ripe for
us to even respond yet.
You know, I think it would be helpful to leave it at that. The
day is coming when you can express your concerns, and they're valid
concerns. I mean, we understand the concerns that you have, and
we're going to hear them for as long as you want to talk about them.
So the only thing I'll say about the letter -- it's a great letter. You
know, I'll -- whatever the majority wants to do, I'll go along with it.
But if I was to -- if I was to send a letter, it would be one sentence
that just said, it's not ripe, period, and that's it.
COMMISSIONER SAUNDERS: I had on my note, response,
"pound sand," but that's --
COMMISSIONER SOLIS: Well, and pound sand.
April 26, 2022
Page 72
COMMISSIONER SAUNDERS: But yours is a little bit more
elegant.
CHAIRMAN McDANIEL: And remember the comment about
less is better.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: Less is better.
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN McDANIEL: Okay. So having said --
COMMISSIONER LoCASTRO: Well, can I just say
something, though? But does it require us -- maybe not. "Require"
is a strong word. But should we send a letter saying we
acknowledge your letter but we, you know, respectfully request -- I
mean, we should respond to the correspondence, not with, you know,
two pages here, but -- right? I mean, so -- would you agree, Jeff?
CHAIRMAN McDANIEL: I'd like to speak to our County
Attorney on both matters with regard to the proceedings today and
our exposure and whether or not to -- because I thought I recalled
yesterday saying that you shared with me we were required to
respond.
MR. KLATZKOW: I think if you want to wear your
suspenders with your belt, that you send the response. I have no
issue with not responding. I don't think it's ripe. And I think
"pound sand" is probably not an inappropriate response either.
I would tell the community that by speaking today on the
development issue, you are giving the developer an opportunity to
cry foul as to his due process rights.
So I think your best interest would be served to keep your
powder dry and come back at the appropriate time. This will be
hitting the Planning Commission, and after the Planning
Commission, this will be hitting the Board at least one meeting each.
And I think for you folks that would be the prudent thing to do.
April 26, 2022
Page 73
As far as writing a letter, you can send this letter, or you can
send "pound salt," or you can not do anything. It's fine. I think
Mr. Yovanovich has gotten the message.
CHAIRMAN McDANIEL: Well, I have nobody else lit up, so
I think we can probably make a motion to react to this and then open
it up for public comment.
Again, Commissioner Taylor brings up a valid point. No one's
going to be denied an opportunity to speak. I think there's
20-some-odd speakers, most of which have ceded their time to one
particular person. And you-all have heard our recommendation as to
how we best proceed with this.
So I think I'm going to call for the motion on this item first, and
then we'll open it up for public speaking, and if folks wish to say a
few words, they may. I'm not going to deny anybody, of course.
COMMISSIONER SAUNDERS: But you made a motion, and
I --
CHAIRMAN McDANIEL: I didn't make a motion. I just -- I
was calling for a motion with regard to --
COMMISSIONER SAUNDERS: Then I'll make a motion,
then, to get it on the floor, and that is we don't respond. That's the
motion. And then in terms of public comment, the County
Attorney's already opined, and I think everybody heard this, this is
not the time.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: And you're not going to help
yourself. You potentially could hurt your case, and so there's no
point in having public comment. That's -- but the motion is not to
respond.
CHAIRMAN McDANIEL: Do not respond. And I'll second.
MR. KLATZKOW: And the appropriate public comment
would be whether or not to send a letter, period.
April 26, 2022
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CHAIRMAN McDANIEL: Right. Again, we're here on
whether or not to send a letter, and a motion has been made and
seconded that we don't send the letter, so -- and I'm not going to call
for the vote for and until -- and, again, I don't want to -- I don't want
to -- I don't want to deny anybody the opportunity to speak. But if
you're going to come and speak, please speak to that motion and the
item that we're here for today, and that's to send or not to send this
response.
MR. MILLER: Are we ready?
CHAIRMAN McDANIEL: We're going to try.
MR. MILLER: We have 21 registered speakers. Folks, a lot
of people have ceded their time to Alan Carpenter, if he wants to
come up. As I call your name, please raise your hand or verbally
indicate you're here, as you do have to be present to cede time.
Fernand Auclair?
MR. AUCLAIR: Here.
MR. MILLER: Thank you.
Manuel Fertado?
MR. FERTADO: Here.
MR. MILLER: Bob Colfer?
MR. COLFER: Here.
MR. MILLER: Judy Welch?
MS. WELCH: Here.
MR. MILLER: Reid Welch?
MR. WELCH: Here.
MR. MILLER: Mark Magnuson?
MR. MAGNUSON: Here.
MR. MILLER: Marilyn Malinowski? I hope that's right.
MS. MALINOWSKI: Here. But I conceded [sic] time to
Tricia.
MR. MILLER: Yes. We have -- Tricia actually ceded her
April 26, 2022
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time to Alan Carpenter. That's why I'm including you in here.
Barbara Auclair?
MS. AUCLAIR: Here.
MR. MILLER: Kimber Perala?
MS. PERALA: Here.
MR. MILLER: Jerry Lalish -- I'm sorry. I cannot read your
writing.
MR. INGALSBE: Ingalsbe.
MR. MILLER: Thank you.
George Danz?
MR. DANZ: Yes.
MR. MILLER: Curtis Perala?
MR. PERALA: Here.
MR. MILLER: James LeVitus?
MR. LeVITUS: Here.
MR. MILLER: George Dertingea?
MR. DERTINGEA: Here.
MR. MILLER: Sorry about butchering your name.
Leo Malinowski.
MR. MALINOWSKI: I ceded my time.
MR. MILLER: To -- yeah.
Okay. That is a total of 16 for 48 minutes for Mr. Carpenter,
and he will be followed by Steve Campbell.
CHAIRMAN McDANIEL: And a quick yes or no on the
response.
MR. CARPENTER: We agree --
CHAIRMAN McDANIEL: Okay.
MR. CARPENTER: -- that the letter should not be responded
to. I only wish to remind the commissioners and planning staff that
our counsel, Katie Berkey, who couldn't be here today because of a
family commitment, had sent a letter to you-all indicating that we
April 26, 2022
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don't agree with the staff interpretation of code relating to
dimensional requirements of the greenway. That was correctly
noted in the reviews of the ITC by staff on January 12, February 17.
That's all I have to say.
CHAIRMAN McDANIEL: Perfect. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Steve Campbell. He'll be
followed by William Cannon.
CHAIRMAN McDANIEL: Do you agree or disagree, Steven?
MR. CAMPBELL: I agree you should not respond, and I have
a couple statements about the Land Development Code. May I
speak?
CHAIRMAN McDANIEL: Sure.
MR. CAMPBELL: Okay.
CHAIRMAN McDANIEL: You have three minutes or less.
MR. CAMPBELL: My name is Steve Campbell, Riviera Golf
Estates, 149 Estelle Drive. And the first picture I put up is the
Riviera Colony Golf Estate tract map. And in the right-hand column
the dedication reads, and I quote, does hereby dedicate the easements
as shown on the attached plat to the perpetual use of the public for the
proper purposes and uses thereon as shown, and this was in 1973.
The next picture. This is a picture from the TriCounty
Engineering. It is the Riviera Golf Estates master plan Exhibit J.
On the right-hand side, the legend indicates golf course storage areas.
The lakes are up there. All of this is golf course storage areas as
from the master plan. At the bottom right-hand corner, there's a red
seal that reads, "lake and golf course storage areas."
Book 1552, Page 605 through 608, is a bill of sale to Collier
County for estate -- or easement -- drainage easements on the golf
course. Book 1552, Page 1617 is a bill of sale. There is a warranty
deed deeding easements to Collier County. By the legal description,
April 26, 2022
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Collier County owns easements dedicated to the perpetual use of the
public.
And I believe under the Land Development Code, the county is
actually taking nothing from the golf course owners because the
easements are dedicated for the public use for the perpetual use, and
the golf -- or the lake and the golf course storage areas take up the
vast area of the golf course. Thank you.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Your next speaker is William Cannon. He'll
be followed by Peter Osinski. Mr. Cannon has been ceded three
additional minutes from Michael Sullivan.
Mr. Sullivan, are you present?
CHAIRMAN McDANIEL: Troy?
MR. MILLER: Yes.
CHAIRMAN McDANIEL: Let me speak.
I would like to ask folks to -- we all know why you're here. We
all know you're in support of your neighbors and your residents, but
if you would please withhold on the applause after the fact. Are you
in favor of us sending a letter or not?
MR. CANNON: Good morning. Yes, I am in favor.
CHAIRMAN McDANIEL: Okay.
MR. CANNON: Okay. My comments do not have anything
to do with Riviera Golf Course, okay. I'd like to talk today about the
other golf course conversion in process, yours at Golden Gate.
CHAIRMAN McDANIEL: And, sir?
MR. CANNON: That process is much closer to coming to you.
CHAIRMAN McDANIEL: Sir, that's not appropriate at this
particular point in time. We're here today to speak on this agenda
item. And if you --
MR. CANNON: I'm getting to that.
CHAIRMAN McDANIEL: I can't grant you the opportunity to
April 26, 2022
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speak on a totally separate item that isn't on today's agenda at this
time. There is an appropriate period of time for that at the beginning
of our meeting but not right now, sir. Please.
MR. CANNON: Okay. Then I'll just give you my summary
comment here. It should be an interesting discussion at the
Board -- at the Planning Commission when your -- I better be careful
what I say --
CHAIRMAN McDANIEL: Yes.
MR. CANNON: -- when it gets there.
What I'm actually trying to point out is there's two very different
approaches to golf course conversion in process in Collier County.
It is too early for the Board of County Commissioners and staff
to make any premature rulings relating to golf green spaces. My
process -- my conclusion is let the established process take care of it.
Let it go to the Planning Commission.
CHAIRMAN McDANIEL: Perfect. Thank you.
MR. CANNON: The last time I spoke to Board of County
Commissioners was on the subject of the best -- Bert Harris Act. I
was speaking for the 500 members of RGE in this room, in the
hallways, and in two other rooms in response to the only negative
submittal to the LDC Section 5.05.15, and it was from
Mr. Yovanovich quoting, as I recall, the Bert Harris Act five times.
I pointed out that once the LDC was approved, we as property
owners in RGE would have rights protected by what is now the
blunted tribulated sword of Bert Harris.
Thank you. Anybody's got any questions, I'll be happy to
answer them.
CHAIRMAN McDANIEL: Appreciate it. Thank you.
MR. MILLER: Your next speaker is Peter Osinski. At the
11th hour, Patricia Campbell ceded her time to Mr. Osinski and -- for
six minutes, and Patricia Campbell is there.
April 26, 2022
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MS. CAMPBELL: I'm here.
CHAIRMAN McDANIEL: Mr. Osinski will be followed by
Richard, is it Ciarcia?
MR. CIARCIA: Ciarcia.
CHAIRMAN McDANIEL: You're over there, sir.
MR. OSINSKI: Good morning, everyone. My names is Peter
Osinski. I'm a resident of Riviera Golf Estates.
As to the issue of sending the letter or not, when I first read the
proposal, I said to myself, sounds like Mr. Yovanovich wants the
county to make his arguments for him. So I totally concur with you
not responding.
CHAIRMAN McDANIEL: Thank you. Thank you.
MR. OSINSKI: Another issue that I would like to bring up,
very related, is I'd like to respectfully disagree with Mr. Bosi's
interpretation of Section G.2 Paragraph A, which is becoming very
famous. That paragraph has been used to justify or give the
commissioners the belief that they could approve alternative designs.
Well, yes, you can, but there are limits.
Specifically, that paragraph, Paragraph A, focuses on the
contiguous nature of the greenway and states that the Board may
approve an alternative design that was vetted at the SOM, all right.
Please note the word "design," not dimension of the greenway.
So the Board has given leeway to approve variations related to
the passive recreational facilities and amenities within the design, but
not its size.
CHAIRMAN McDANIEL: Thank you.
MR. OSINSKI: All right. Wait a minute. It's an important
distinction, and it's reinforced by the next paragraph which states: A
minimum of 35 percent of the gross area of the greenway of the
commercial project shall be dedicated to the greenway, so you have
to give a lot of that area, 35 percent. And, most importantly, it says
April 26, 2022
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the greenway shall have a minimum average width of 100 feet and no
less than 75 feet.
CHAIRMAN McDANIEL: And, remember, we're here today
to talk about sending this letter or not, sir.
MR. OSINSKI: Yes.
CHAIRMAN McDANIEL: Okay. So -- and you've already
shared with us that you concur that we should not send the letter and
respond. That's what we're here today to speak about.
MR. OSINSKI: Very good. And I shared a little more. I
hope it made an impression. And thank you very much.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Mr. Chair, I was just going to add
that while that's an issue -- and this is just me as a recovering
lawyer -- that issue isn't ripe either because -- and your attorney will
probably be at the hearing to make those arguments. When and if
this ever gets to the point where we need to make a decision, that's
the point where we ought to hear all that. Doing this now, again,
that's something that's relevant to the public hearings.
And I agree with our County Attorney; it's just fuel for the fire if
we start getting into this.
CHAIRMAN McDANIEL: Thank you. I appreciate that. I
said thank you twice to him, but he kept reading, so...
All right.
MR. MILLER: Mr. Chair, your final speaker on this item is
Richard Ciarcia.
MR. CIARCIA: I waive it.
MR. MILLER: And he's waiving his time. That concludes our
public comment.
CHAIRMAN McDANIEL: Wise man, wise man. Now you
can clap.
(Applause.)
April 26, 2022
Page 81
COMMISSIONER TAYLOR: Mr. Chair, Mr. Chair? I
wondered if we could just do one minor thing. I would like
everyone that is here for Riviera to stand up, please, if you're in
agreement.
CHAIRMAN McDANIEL: Okay. Very good. And give
yourself a round of applause.
(Applause.)
CHAIRMAN McDANIEL: Appreciate it. And I want
to -- and I want to -- please, all you can have a seat for a moment, and
then I'm going to call for the vote and let you go.
These are -- these are trying times. And you've received some
sage advice from a recovering lawyer and practicing lawyer and our
County Attorney with regard to maintaining a succinct process to go
through this. So there's a lot of emotion. There's a lot of
discussion. There's way more to come, way more to come. This
today is just whether or not we send -- respond to this letter that the
county has received with regard to this.
So I really appreciate your time and your patience and your
energy coming here to share with us.
So with that, all in favor of the motion made to not respond to
the letter -- first of all, any other comments?
(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. There we go.
April 26, 2022
Page 82
(Applause.)
CHAIRMAN McDANIEL: And now there's going to be an
exodus.
Okay. Let's go ahead and read the next agenda item as we go.
Where are you going? Thank you for your service.
Item #11B
RESOLUTION 2022-77: THE CONSERVATION COLLIER
ANNUAL PUBLIC MEETING TO PROVIDE AN UPDATE ON
THE PROGRAM’S PAST ACTIVITIES, TO SOLICIT
PROPOSALS AND APPLICATIONS, AND TO APPROVE THE
11TH CYCLE TARGET PROTECTION AREAS (TPA) MAILING
STRATEGY – ADOPTED
MR. ISACKSON: Commissioners, that brings you to
Item 11B. It's a recommendation to conduct the Conservation
Collier annual public meeting to provide an update on the program's
past activities, to solicit proposals and applications, and to approve
the 11th Cycle Target Protection Areas, TPAs, mailing strategy.
Summer Araque, your principal environmental specialist for the
program, will start the conversation.
CHAIRMAN McDANIEL: Just go on ahead. They'll keep it
to a low roar as we're going. We can hea r you fine.
And if the folks, as you're exiting, can, like that (indicating), I'd
appreciate it. Thank you.
MS. ARAQUE: Okay. Thank you. Good morning. I'm glad
to say "good morning." For the record, my name is Summer Araque,
coordinator for your Conservation Collier Program.
And the objectives today are to provide you information on the
program's past, current, and planned activities as provided in the
April 26, 2022
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Conservation Collier 2021 Annual Report that was in your packet;
second, we would like to solicit proposals and applications from the
public for Acquisition Cycle 11; and, third, we would like to obtain
approval for the Cycle 11 Target Protection Area mailing strategy,
which is a resolution that's in your packet.
I'm going to do a very high-level overview of some information
from the annual report for you and also for the members of the
public.
Conservation Collier was created in 2002 after a referendum at
that time. To date the program has acquired 21 different preserves,
over 4,300 acres. Your Conservation Collier staff will continue to
manage the existing and new preserves coming online and work to
provide public access when practicable.
Thirteen preserves are currently open to the public. The
program added 25 acres in the last year in the multi-parcel project
areas for a total of 4,368 acres and counting. We are currently
working on permitting a parking lot at your most recent acquisition,
the Rattlesnake Preserve, to provide public access and a trail there.
This map shows where preserves are located within the county.
The darker red dots are preserves with public access, and the lighter
red are the protection areas for future public access.
The land managers are working daily on various management
activities including trail maintenance and removal of exotic
vegetation, among many other management tools.
And staff manages the preserves for habitat protection and to
provide passive recreation for the public. Each preserve has specific
public uses; too many to go over with you today. The public can go
to ConservationCollier.com if they would like to learn more about
preserves. There's an interactive map, and it also tells you what uses
are on that specific preserve.
And we want to thank -- say thank you to our volunteers. We
April 26, 2022
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have volunteers from all around the community at very -- at different
ages, and these are some pictures of -- we have on the bottom left a
group of students. We regularly have students from the local
colleges, including FGCU, for work days.
The program has also had many Eagle Scout projects, which we
love to have on our preserves that have been completed. I'd like to
tell you about a few of those. The top two pictures are Tristan
Robbin's trail improvement project at the Dr. Robert H. Gore, III,
Preserve. That's off DeSoto Boulevard in the Golden Gate Estates.
And he did a great improvement to our trailhead.
And then the bottom right picture is RJ Kolo. He did a fence
project at the Nancy Payton Preserve.
So thank you to them, and thank you to all of our other
volunteers throughout the year. We've got a handful of retired folks
that are out there working every week, so we really enjoy that.
Okay. And then regarding the program's financial status, the
FY '22 budget, which would have been what our 2021 annual report
included, included the Conservation Collier Program tax levy of .25
mill. That generated approximately $26 million for acquisition and
management. And I will give you an update in an upcoming slide on
where we're at with those acquisitions.
I wanted to bring to your attention that staff will be proposing
with the FY '24 budget policy that would come to you probably next
February that we start to set aside some monies for amenities. We
are looking to the future. Of course, this would come out of that pot.
We're not asking for more money. We're just asking to divide it in a
different way. That would come out of the acquisitions side of our
funding. Just to set that money aside so that in the future if we have
a preserve that comes online, that we're -- that we don't even know
about that preserve yet, we have money set aside so we don't get to
the end of the 10-year cycle and say, we don't have any money to
April 26, 2022
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build a boardwalk. We have all the land, but we don't have any
money to build the amenities.
So we would set that money aside, and at the end of the 10
years, we could reevaluate. Maybe we don't need all of that money
for amenities. Maybe we could use it for continuing acquisition.
So just planning for the future on that. But we'll bring that to you
with the FY '24 budget policy. I just wanted to give you a heads-up
on that.
Okay. And then looking at land maintenance expenses and our
funding sources, the report shows a five-year average that we've
received that information from our budget analyst. Staff has seen
historically that initial maintenance costs are higher on preserves, and
then once they go into the maintenance phase, those costs decrease
and become more predictable each year.
As you can see, in addition to the interest earnings, we have also
had revenues from leases and panther habitat unit sales. This slide
that you see here is conservative on the protections. This figure
represents the PHU sales financial planning estimate. The PHU
sales have actually been averaged at 303,000. This shows 60,000.
So -- and it's been 303- over the five-year period.
Okay. And then talking about our acquisition cycle process and
timeline. You know I came to you in January, and so we're back
into our next cycle, which we'll be talking about Cycle 11 today.
Just to let the members of the public know, that there are three ways
that property can come to Conservation Collier for consideration.
We have the program mailing to target protection areas, which you'll
be reviewing today; we have nominations so anybody can nominate a
property, and then we send a letter to that property owner asking
them if they would like to apply. And then any owner can apply.
At the end of the day, this is a willing-seller program. So just
because somebody receives a letter that they've been nominated
April 26, 2022
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doesn't mean that they're automatically put on the list, because they
do have to apply.
So during the acquisition cycle, the Conservation Collier Land
Acquisition Advisory Committee proposes target acquisition areas.
These areas are for approval by resolution by the Board of County
Commissioners with land areas to target and send letters. The letters
are sent to property owners in target areas to solicit willing seller s.
When applications are received from willing sellers, the properties
are ranked by the advisory committee for review, and then the final
decision to acquire is made by the Board of County Commissioners.
The final ranking has traditionally come before the Board in
January of each year. So we would propose that in January 2023 we
would come to you with Cycle 11, as we did for Cycle 10 this year.
Okay. And I would like to provide you an update on the Cycle
10 acquisitions. So you-all did approve us to have more staff, so I
look to have a new staff person start in May to help us with the
acquisitions, because we are very busy obtaining appraisals on
approximately 40 properties that you-all approved.
So we're working very diligently with the Real Estate Services
section to obtain appraisals. I'm also working on obtaining Phase 1
environmental reports. And as we obtain appraisals, Real Estate
Services has been making offers to those owners, and those offers are
subject to Board approval, of course. And those offers are made at
appraised value per the Conservation Collier purchasing policy.
And so as soon as we have those purchase agreements ready and
everything ready for your review, that will come to the Board of
County Commissioners for review.
Okay. So getting into the target mailing areas for Cycle 11, we
have 21 areas throughout the county that have been recommended by
the advisory committee to mail letters to. This totals almost 800
parcels. Some of these may have the same owners, so maybe a few
April 26, 2022
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less letters than 800, but probably definitely in the 700 range.
The document in your agenda packet titled "Target Mailing List
Maps Cycle 11" has the maps of the 21 areas, and if you have
specific questions on an area, I can bring that up.
This shows you an overview of where these are located. So for
your information on how we looked at targeting areas, the
Conservation Collier implementation ordinance identifies five initial
criteria to evaluate parcels for acquisition. Using GIS data from the
critical lands and water identification project, staff identified
undeveloped parcels with priority natural communities as defined by
the ordinance. And then this is also a map showing where these are
located within the commission districts.
The dark green dots are the preserve target mailing areas that are
next to an existing Conservation Collier preserve. The light green
are what we call stand-alone; those are not next to an existing
Conservation Collier preserve. And then you also see the orange
dots on there for reference, are our existing multi-parcel projects, and
then the red dots are existing Conservation Collier preserves.
So my question to you would be, did you have any specific areas
that you had a question about? Any specific map that you needed
me to pull up at this juncture? Because beyond that, it's just asking
for your --
CHAIRMAN McDANIEL: Everybody's dutifully studying the
map, so...
COMMISSIONER TAYLOR: So may I?
CHAIRMAN McDANIEL: Commissioner Taylor, go ahead.
COMMISSIONER TAYLOR: The 17 and 18, what's going on
at Freedom Park? Where are you buying -- where is -- who's offered
land where?
MS. ARAQUE: Okay. So 17 and 18, so we are looking
at -- there is a preserve target area around the greenway, which we
April 26, 2022
Page 88
sent letters to last year as well and didn't receive a response. But we
will send letters again. Do you want me to pull up the map?
COMMISSIONER TAYLOR: On the other side of Golden
Gate Parkway? That's where the greenway is. Where Freedom
Park is on the opposite side, so that's what was --
MS. ARAQUE: This will take me just a minute to get there. I
think I know where it is. Okay. So these parcels in here, which I
know -- I think that's been slated for some type of development.
Over the years, these are parcels that we would be looking at. So,
essentially, we just look at any remaining undeveloped parcels
around an existing preserve, and then there's this 2.34 acres here and,
actually -- and then that area in there, relatively small, but that's
basically what's left in that -- in that particular area.
COMMISSIONER TAYLOR: Seventeen and 18, so -- but you
mentioned Freedom Park. I like how you connected Freedom Park
to the greenway. Thank you very much. I just wanted to know if
there was anything on the other side. Thank you.
MS. ARAQUE: Yeah. Unfortunately, there's not a lot left in
your district that's undeveloped.
COMMISSIONER TAYLOR: Yeah, untouched.
CHAIRMAN McDANIEL: Now, just one quick -- if
somebody wanted to become a target area, how do they go about
that?
MS. ARAQUE: So just to reiterate, though, anybody could
apply.
CHAIRMAN McDANIEL: Okay.
MS. ARAQUE: So you don't have to be in a target area to
apply.
CHAIRMAN McDANIEL: This is just delineating where
you're actually going to do mailings and solicitation of property
owners that might voluntarily wish to come into the program?
April 26, 2022
Page 89
MS. ARAQUE: Correct, correct, yes.
CHAIRMAN McDANIEL: Okay.
MS. ARAQUE: And then, of course, during any of these
meetings where we bring the target areas to you, if you-all have an
area that you're -- that maybe we didn't -- that we missed then, you
know, you can add that in as well, so...
CHAIRMAN McDANIEL: Okay. Any other comments or...
(No response.)
CHAIRMAN McDANIEL: And there is our recommendations
being put forth. Do we have public speakers?
MR. MILLER: Yes, sir. I just turned on your light. We have
three. Would you like them now?
CHAIRMAN McDANIEL: I think. Unless there are any other
comments, we'll go to public speakers.
MR. MILLER: Your first speaker is William Poteet. He will
be followed by Brad Cornell.
MR. POTEET: For the record, my name is William H. Poteet,
and I'm chairman of Conservation Collier. And I'm just here to
answer any questions you may have. So if you have no questions,
I'll go sit down.
CHAIRMAN McDANIEL: Thank you for doing what you're
doing, William.
MR. MILLER: Your next speaker is Brad Cornell, and he will
be followed by Meredith Budd.
MR. CORNELL: Good morning, Mr. Chair and
Commissioners. I'm Brad Cornell, and I represent Audubon
Western Everglades and Audubon Florida.
I wanted to bring up two issues, one about the annual report and
one about the target protection areas. Audubon strongly supports the
target protection area, the mailing strategy that's before you, so this
is -- we worked and gave comments to the CCLAC and to your staff,
April 26, 2022
Page 90
and we think this is a good strategy, and these are great places to be
looking for acquisition opportunities. We hope that there's a good
response.
I want to praise the staff and the CCLAC for a really -- I was
really impressed at how they used data to guide them to where to
look for opportunities. Your staff used something called the Florida
Natural Areas Inventory data layers on what kind of resources there
are statewide, and including here in Collier County, and that's a
brilliant way to look for ways to prioritize and identify what's still
available to protect.
And in that strategy is several important projects that Audubon's
been looking at like the Horse Pen Strand within the Panther Walk
Preserve expansion. You got 20 applicants last cycle. It's a really,
really important area to be putting water back in Golden Gate Estates,
North Golden Gate Estates, just where it's really dry right now, and
we need to push back on catastrophic fire risk and, you know, water
supply, and then in the summer in rainy season it's good flood
protection, as well as scrub in Immokalee, the railhead scrub
expansion, and looking at urban wildlife like gopher tortoise,
threatened gopher tortoises, burrowing owls, bald eagles on Marco
Island. These are great places that Audubon really supports.
My second point is to raise an issue that I think we're all keenly
aware, maybe painfully aware, that the real estate market right now is
so torrid, so hot and aggressive that programs like this that take a
really long time, up to a year to process, becaus e of our -- I mean, the
process is good. Evaluation and ranking, that's all good. But I
think you may want to consider asking your advisory committee to
look at ways to speed up this process to be more nimble.
We are already losing parcels because we can't compete in terms
of time. We're fair in terms of, you know, we pay appraised value,
but the process is long. And as you might guess, we can't compete
April 26, 2022
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in that time frame. Unless somebody's really dedicated to selling to
Conservation Collier, it's difficult.
So please consider finding some nimble ways, asking your
advisory committee and your staff to bring you some options. I
think this is needed now. This program is really, really important --
CHAIRMAN McDANIEL: Thank you.
MR. CORNELL: -- especially now. Thank you.
MR. MILLER: Mr. Chair, your final speaker on this item is
Meredith Budd.
MS. BUDD: Good afternoon, officially, by one minute.
Meredith Budd on behalf of the Florida Wildlife Federation.
I also want to commend staff, their work on these issues and
getting the target protection areas delineated, really impressive with
how we were able to really prioritize the key areas in our county that
we really want to target to protect through this Conservation Collier
program.
So the Federation is also very supportive of the target protection
area mailing strategy, and we're excited to see what sort of response
that we're going to get within the program.
I will also echo my colleague Brad's comments. You know, it's
April 26th, and this target protection list and the letters are going out
presumably with your approval after this meeting, and all
applications are due at the end of July. So we're looking at a pretty
limited time frame where people are kind of elevated to the idea,
understanding the process, this presentation. Great presentation to
kind of notify the public of how it works, why we do this, how it's
targeted, and its applications are all due at the end of July.
And then, of course, it takes a full year for review, when the
Cycle 11 opened up earlier in the year, and then acquisition proposals
wouldn't come to you until January of 2023.
And so Brad mentioned it, but I'll elevate it just with a few
April 26, 2022
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examples. So we lost, I believe, three parcels because of,
presumably, timing, right. Now, once the offers were made, those
landowners were no longer interested. That was a key parcel near
Bayshore, a key parcel adjacent to Rookery Bay, and another parcel
on Marco Island that was really critical for gopher tortoise habitat
and some cultural importance as well.
And so those are three parcels that we don't have the opportunity
to acquire. Presumably we don't get information on why they pulled
out, but it's been a year. The real estate market's really, really
hopping right now, so we can assume that they pulled out due to
timing and issues in terms of getting their deal signed and delivered.
So I, too, just want to encourage maybe you to talk to CCLAC,
the committee, to explore options on how we can be a bit quicker.
We did do the expansion parcels, which I'm very supportive of. It
was something we talked about with the CCLAC for a little bit and
was brought to you in the past months where if there's parcels
available for sale adjacent to existing preserves, we're able to be more
nimble and move forward with acquisition kind of in the sense of
something more closely related to the multi-parcels project.
So it's a great way to get additional parcels in areas where we
know they're important, we already have existing preserves, and we
can move quicker. So something to the same effect. Perhaps, if we
can explore that option with the committee, that would be really
great, and I think we'd have a much more successful cycle ensuring
that we get parcels that we all think we need and that we will benefit
our county.
So appreciate your time. Thank you so much.
CHAIRMAN McDANIEL: Thank you. Did you have a
question for her, Commissioner Taylor, or a comment?
COMMISSIONER TAYLOR: Just more comment on what
Mr. Cornell said and Ms. Budd.
April 26, 2022
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I'm sitting here going, how can we -- how can we do this, and
what is our priorities? Well, when you look at the five or six lots
that are off of Golden Gate Parkway entering into the preserves -- or
the greenway across from Freedom Park, I mean, that's -- that's
people who can access it. That's central. That's urban.
And do we -- and that's what's going right now, I think, perhaps,
more than the other ones that have more to do with water, and I think
Brad is, like, looking at me like what are you saying. But what I'm
saying is, can we prioritize? How can we move it along for these
urban lots that clearly are in high demand? How can we do this?
CHAIRMAN McDANIEL: Let's -- I have a comment in that
regard.
COMMISSIONER TAYLOR: Go ahead.
CHAIRMAN McDANIEL: And I made notes while Summer
was speaking, and I think, first of all -- and I don't know if we -- I
mean, we're here today to accept the annual report and then approve
the 11th cycle. So we are moving these processes forward.
But I think, personally -- I've got a note here, I'd like to
have -- I'd like to make a recommendation that our -- that our
advisory committee review our maintenance processes. There
are -- there may be -- there should be, I think, some more
maintenance going on into the lands that we already own. We've got
21 parcels that are already acquired, or 25, and not all of them are
accessed by the public. So maybe we need to be putting a little bit
of this additional money into the maintenance to accelerate our
ongoing maintenance that we currently have.
Number two, ask our advisory committee to review the practices
that we have. We have an ordinance that stipulates time and how we
go through the process. I don't really want to get into a
prioritization. I'd prefer we not get into a prioritization between
urban and rural, because the environmental perspective, it's all really
April 26, 2022
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important between urban and rural, but maybe a review of our
practices to see how we can accelerate but yet still provide for
protection of the expenditure of the money for value purposes and
such. I think our advisory committee is best suited to come back to
us with recommendations in that regard.
I actually made a comment or a note while Summer was
speaking, and maybe a review of our ordinance and our practices
with regard to this process for someone that comes into the system,
and maybe an adjustment in how we make our acquisitions moving
them forward could be -- could be accommodated.
So I concur with what they said, necessarily, with what Brad a nd
Meredith said and actually had notes on those two items. When I
was reviewing the annual report with regard to the maintenance, I
would like to see an enhancement in our maintenance ongoing. And
then one of the promises that our community made a long time ago
with these acquisitions was public access, and I'd like to see that the
properties that are, in fact, acquired are afforded that public access,
and that requires maintenance as well.
So, Commissioner Solis, do you have a --
COMMISSIONER SOLIS: Yeah. I just have a couple
questions because we're talking about the funds and additional
maintenance. And I'm trying to remember back to the last meeting
that we had on this. I thought we had -- well, that the Commission
had voted not to deposit any of the funds for a while into the
Maintenance Fund. I mean, where are we on that? Because my -- I
could have sworn I thought that was commissioner -- where are we
on that?
COMMISSIONER SAUNDERS: You seem to be looking at
me.
COMMISSIONER SOLIS: I am.
COMMISSIONER SAUNDERS: We had that discussion. I
April 26, 2022
Page 95
can't answer the question as to where we are, but the goal at that time
was to try to acquire some parcels that were very important, and in
order to do that we had to have the funds available and so --
COMMISSIONER SOLIS: Right.
COMMISSIONER SAUNDERS: -- the request was that the
Board approve. It was not to move a certain amount of money into
management; to try to use those funds to buy those parcels --
COMMISSIONER SOLIS: Use all the funds as opposed to the
25 percent that usually goes in. That's where I thought we were at.
COMMISSIONER SAUNDERS: And then we would make
sure that we put the 25 percent in, but we would do that at a time
when -- at a later time.
COMMISSIONER TAYLOR: Right.
COMMISSIONER SAUNDERS: It was timely to try to
purchase those properties. Plus at that particular time there was
enough money in maintenance anyway.
CHAIRMAN McDANIEL: Right. Well, we're sitting on
33 million in reserves, so we're not shy.
COMMISSIONER SAUNDERS: My view was we needed to
expedite acquisitions because the price of those properties is going up
and the availability of properties is going up, and we have funds for
maintenance already. So we --
COMMISSIONER SOLIS: All right. So where we are is
that -- I just want to understand where we are in terms of the
Maintenance Funds of the funds that's being collected now. So that's
where we're at. We're not -- we're not --
MS. ARAQUE: I can answer it.
COMMISSIONER SOLIS: Okay.
MS. ARAQUE: Okay. So this may answer your question.
So for the FY '22 budget and the property list that you saw, we've had
three property owners back out. That was $3 million right now.
April 26, 2022
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COMMISSIONER SOLIS: Okay.
MS. ARAQUE: And so we're -- we're not going to exceed the
14 million that's in there, and we still have that other few million that
we could -- we could put in for acquisition. But given the amount of
properties and some of the due diligence that's needed on these,
including environmental Phase 2 assessments, those are not going to
close in FY '22. So we're going to be rolling right into FY '23 in
October, and then we'll presumably have another, like, 18 or
19 million just in acquisition available at that time.
COMMISSIONER SOLIS: Okay. And just remind me which
ones backed out, the three properties.
MS. ARAQUE: Hold on just a minute. So we had the
property on Bayshore.
COMMISSIONER SOLIS: Uh-huh.
MS. ARAQUE: The property on -- off of Collier Boulevard
across from Shell Island across from Rookery Bay --
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Marco.
MS. ARAQUE: -- and then we had one property on Marco
Island.
COMMISSIONER SOLIS: The one lot on Marco?
MS. ARAQUE: Not the million-dollar one. It was another
property that was in, like, a few-hundred-thousand-dollar range.
COMMISSIONER SOLIS: Okay.
MS. ARAQUE: Yeah. And then, actually, we just recently
had a fourth property, actually, back out near Pepper Ranch. It
would have been a smaller dollar amount, but...
COMMISSIONER SOLIS: Okay. Thank you.
MS. ARAQUE: So we will not be spending over that amount,
and then we'll be rolling right into the next cycle. So I don't think
we'll even need to look at getting -- dipping back into that Land
April 26, 2022
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Management Fund.
COMMISSIONER SOLIS: And maybe repaying what --
MS. ARAQUE: Right. I think repayment can already be
done, and I can let Mark speak to that if he likes.
MR. ISACKSON: I don't really need to speak on it. You've
got -- Commissioners, you have 34 million-plus sitting in reserves in
your Maintenance Fund.
CHAIRMAN McDANIEL: Right.
MR. ISACKSON: So I -- I would say that the Board has
flexibility, as I always like to chirp.
CHAIRMAN McDANIEL: I like that. And if we have -- if
we have a review by our advisory committee of our purchasing
processes to see and make recommendations to us how we may be
able to accelerate those along with a review of our maintenance
practices for access and so on, I think we're moving in a proper
direction, at least. You know, there's no way you could ever actually
accommodate for the changing in the marketplace with regard to
properties coming and going other than being -- as Brad said, being
as nimble as possible, so...
MS. ARAQUE: Okay. We could review that with our
subcommittee and the committee and come back to you. And do
you foresee a timeline on that?
CHAIRMAN McDANIEL: No timeline. Whenever -- as soon
as possible. I mean, certainly it's not -- it's not a rush, but it's
something that needs to be addressed.
MS. ARAQUE: We'll make it a priority.
CHAIRMAN McDANIEL: Okay, perfect.
All right. I'm going to call for a motion for the
recommendation to approve the staff report.
COMMISSIONER TAYLOR: So move.
COMMISSIONER LoCASTRO: Second.
April 26, 2022
Page 98
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the annual report and adopt the resolution for the Cycle 11.
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. There we go.
It is 12:12, and we have a time-certain at 1:00.
MR. ISACKSON: Yes, sir.
CHAIRMAN McDANIEL: So let's come back at -- let's go to
lunch. Let's come back at, well, 1:15.
(A luncheon recess was had from 12:12 p.m. to 1:15 p.m.)
MR. ISACKSON: Commissioner, you have a live mic.
Item #9A
RESOLUTION 2022-78: 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
April 26, 2022
Page 99
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] - ADOPTED W/CHANGES
MR. ISACKSON: That brings us to our 1:00 time-certain,
Item 9A, your Growth Management Plan ordinance amendment
related to the Rural Fringe Mixed-use District Restudy.
Mr. Mike Bosi will begin the conversation.
CHAIRMAN McDANIEL: Bowsy?
MR. BOSI: Mike Bosi, Zoning director. That's quite all right.
MR. ISACKSON: You'd think I'd know that by now.
CHAIRMAN McDANIEL: You'd think.
April 26, 2022
Page 100
MR. BOSI: We're here, Commissioners, to discuss a process
that was initiated about 2015/2016 where the Board directed staff to
go out and look at the four major subdistricts within the eastern
portion of the county: The RLSA, the Rural Fringe Mixed-Use
District, Golden Gate Estates, as well as Immokalee. The other three
have been adopted; those studies have been completed. This is the
first out of the gate, and this is the last that we hopefully bring to the
barn for completion.
I just needed to advance my slides to this specific location. We
had one attempt at this, and there was some additional questions and
concerns that were raised by the Board of County Commissioners.
We're bringing this forward. And here's the four refined objectives
that the Board of County Commissioners directed staff to work with
when going out and talking to the community related to the Rural
Fringe Mixed-Use District.
Complementary land uses, economic vitality, transportation and
mobility, and environmental stewardship. The way that the program
works, it's similar to your RLSA program. You preserve your
environmentally sensitive land, and you impact the lands that have
been deemed appropriate for development.
Within this case, the blue area is considered our receiving area.
That's where we want development to go to. Your orange area is
your sending where you take the development rights associated with
your property and send that to the receiving area to intensify the
development. And then finally the cross-haired is your Neutral
Lands where they don't participate within the receiving or sending
program. There's just a -- there's a few limitations in terms of
conditional uses that could be sought.
The plan has been evaluated by the public over the course -- I've
said over the course of the past six years, and we've arrived upon a
small set of proposed amendments. One of the things that we're
April 26, 2022
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going to talk about -- and we've had many conversations with the
Chair -- is there's some more things that we know that we need to do.
We know that the -- there's more amendments, there's more
issues that we have to sort out. And one of the things I will share
with you towards the end, there's a letter we received from
Mr. Mulhere's -- one of Mr. Mulhere's clients, from Mr. David
Torres, in which he states there's some issues that we know we need
to take up later, but let's -- hopefully we can adopt these amendments,
move forward, and then pick up some of the larger issues as we
continue to evaluate and talk about the issues that we see.
So what are those amendments that we're proposing. Within
the sending area, now, this is the area where we're going to send
development away from because it's environmentally sensitive. So
we're going to provide additional TDR credits to the sending owners
where possible, and additional TDR credits should be apportioned
equally to all sending owners regardless of their property attributes;
make TDR credits available to sending owners with existing
agricultural operations, excluding agriculture. Passive agricultural
uses may be considered for restoration and maintenance issues.
Allow landowners who have generated TDRs but not conveyed
their land to participate in applicable program changes. That means
if they're in the program, they severed their first two TDRs, an d if we
make changes that would provide to them additional opportunities for
TDRs, those landowners would not be precluded or prevented from
taking advantage of those opportunities.
Provide the Board opportunity to convey land to a not-for-profit
entity or land trust by gift. One of the things that we saw, there's
four TDRs that are associated with it. You've got your base TDR,
your bonus TDR, which is your early entry, which is being converted
to the base, restoration and maintenance, and then your final TDR is
conveyance.
April 26, 2022
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What we found within the North Belle Meade area and the
South Belle Meade area, there's not a state agency that is willing to
accept property donated to them. So because of that, there's an issue
where if -- we want to complete. The whole program is taking this
environmentally sensitive land and getting it into government
ownership and maintenance.
But we're having a hard time with finding a state agency that's
willing to accept these properties. So we're looking -- we're looking
to expand the universe of who could -- who could receive these
properties and be eligible for the conveyance, and that would be for a
non-profit entity or a land trust.
Governmental entities other than the State of Florida with lands
in the North Belle Meade may qualify for additional expanded
recreation uses.
And, finally, the last, within the Belle Meade area, add two
TDRs for owners of sending lands that want to participate within the
flowway protection. Just wanted to note that this two TDR bonus is
an increase over what the Planning Commission reviewed. The
Planning Commission we had proposed one, but further conversation
with the property owners, we felt two was appropriate, because one
of the other things that we've done, and it's within -- it's within the
exhibits that are contained within the executive summary, we project
there's an imbalance in the program, meaning there's more demand
anticipated for TDRs than there are TDRs. So that's why when we
started at the -- one of -- the very first point we wanted to establish,
we need to get more currency into the program. We need to create
more TDRs. And this is a -- this was a way to add to that -- to the
supply side of things.
And then we go to the receiving areas. The receiving areas
within the village, we want to remove the maximum acres and the
leasable floor area limitations within the village centers and the
April 26, 2022
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research and development park.
So we don't want to put an artificial cap upon what a village
could propose when you're talking about research, development
parks, and also the commercial square footage that may be hosted by
that village and their village center.
We also set a minimum requirement for commercial square
footage on a per-dwelling-unit ratio, meaning that if they're
proposing a village, they're going to have to provide for 53 square
feet of commercial square foot per individual DU. That's similar to
the changes that were adopted as part of the Rural Land Stewardship
Programs for towns and villages where we set minimums on a
per-unit basis.
Allow TDRs to be generated from receiving lands for existing
ag preservation or native vegetation or habitat protection beyond the
minimum requirements. Currently you're not allowed to do that
within the receiving area. They're not eligible to create TDRs. But
if you have a unique piece of property within the receiving area that
had some environmental attributes that you feel would be better to
serve than create TDRs, we're going to allow for that to happen.
Provide for new measures for mixed-use standards consistent
with the RLSA provision within the individual SRAs.
And here's one that I presented or we discussed with the AHAC
two months ago, and that was allow for affordable housing projects
outside of a rural village, so it could be stand-alone, and allow to
request at a higher density at 12.2 units per acre. That's with a
public hearing. That's not by right. That's just simply saying within
the receiving area, if a proposal came forward and wanted
to -- wanted to develop an affordable housing project, they could
request the Board approve it at 12.2 units per acre. It still has to go
through a neighborhood information meeting, it still has to go
through the Planning Commission, and it still has to go, ultimately, to
April 26, 2022
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the Board of County Commissioners if that -- for an ultimate
decision.
CHAIRMAN McDANIEL: Can you take quick questions now
or --
MR. BOSI: Absolutely.
CHAIRMAN McDANIEL: I just want to make sure, what are
the consumption requisites for TDRs on that request?
MR. BOSI: On that request there are no requirements for
TDRs. It's been deemed a public benefit, and it's an attribute that we
weigh so heavily that we've said, let's not put an additional financial
burden upon a project that wants to provide for an affordable -- an
affordable project, a dedicated affordable project. Meaning that the
only way you get to 12.2 is a good majority of that project is going to
have to be allocated to your income ranges based upon the
current -- the current affordable housing chart that's within 2.06.03 of
the LDC.
Incentivize workforce housing policies. We're going to allow --
CHAIRMAN McDANIEL: One quick question.
COMMISSIONER SAUNDERS: You said something that just
kind of caught my attention. You said a good majority, which is
not -- I mean, I don't know if there's a standard somewhere, but that's
not really a standard. Is there something a little bit more definitive
than that?
MR. BOSI: Well, there is a standard. And I'm sorry I don't
have the table for 12 -- 2.06.03 is your current existing affordable
housing bonus program, and it has your income levels that could be
served, your low, your very low, your moderate, and your gap, and
then your percentage points. To get to 12, to get to the 12 units an
acre that you would need to get to the 12.2, the 12 bonus requires 70
and 80 percent of the project to be dedicated to low and very low.
So the income levels that are associated to get you to 12.
April 26, 2022
Page 105
COMMISSIONER SAUNDERS: Okay. I just heard you say
"a majority" or --
MR. BOSI: Yeah, I'm sorry. It's specifically regulated by our
existing program how to get -- you have to get to 12 utilizing the
formula that's already been adopted and codified in the LDC.
Promote economic vitality outside of rural village, allow for
business and industrial uses as identified as the Florida qualified
targeted industry, meaning that development can go outside of a
village or outside of a residential.
COMMISSIONER SAUNDERS: I hate to do this --
MR. BOSI: Yes.
COMMISSIONER SAUNDERS: -- to interrupt you a second
time, but I tend to forget things if I don't.
We have this standard for the number of units that would have to
be set aside, and it's been raised at board meetings in the past some
question as to whether or not that really is enforceable and how long
that -- those units have to remain as workforce. And I know we've
done that where they have to remain as workforce or affordable
housing for -- I don't know if it's --
CHAIRMAN McDANIEL: Thirty years.
COMMISSIONER SAUNDERS: Is it 30 years? Is that the
same standard with these?
MR. BOSI: Yes, it's the same standard. Utilizing the same
provisions that are adopted in the LDC, yep.
COMMISSIONER SAUNDERS: Okay. Thank you.
MR. BOSI: And, finally, to allow the two northern receiving
areas to develop at two units an acre rather than one unit an acre for
non-village developments. Currently within the program you can
promote villages. That's the large project types that can be proposed
within the receiving area, or you can go one -to-one. What we're
saying is to increase the demand for TDRs for the two receiving areas
April 26, 2022
Page 106
that are -- let me show you.
CHAIRMAN McDANIEL: I was going to say, show us the
map again, because -- yeah, there you go.
MR. BOSI: The two receiving areas that we're describing are
here and here. Those are the two that would be eligible to go from
one unit per acre with a TDR to two units an acre with two TDRs.
CHAIRMAN McDANIEL: Commissioner Taylor, did you
have a question on that, or at all?
COMMISSIONER TAYLOR: So what I'm -- so this is -- you
said you inherited this when you came -- when you returned to the
county, you didn't know why this is in here.
MR. BOSI: I do know -- I mean, the reason why it is is to
increase the demand for TDRs. That's the ultimate goal that --
COMMISSIONER TAYLOR: On the Immokalee Road, which
is a bumper-to-bumper traffic jam on the best of days?
MR. BOSI: The development would have to satisfy the
concurrency management system.
COMMISSIONER TAYLOR: Which doesn't exist anymore, or
so -- it's so in favor of the developer it's pathetic.
CHAIRMAN McDANIEL: That's not true.
COMMISSIONER TAYLOR: So I'm just -- we talked about it.
I just -- I'm having a lot of heartburn on that one. Thank you.
COMMISSIONER SAUNDERS: That's a -- concurrency
management doesn't exist anymore at the state level. There is no
state law that requires concurrency. But maybe you could elaborate
as to what our County Attorney ordinance is, because it's important, I
think, for the public to hear what we require, and I'd like to hear a
refresher on that as well.
MR. BOSI: Yeah. We've made the decision -- the Board of
County Commissioners have made the decision to retain concurrency
management for a number of different facilities, transportation being
April 26, 2022
Page 107
one of them. And what it basically says is at the time of DO issue,
whether it be an SDP or a plat, the road system in this case that the
project is going to impact will be evaluated by the number of trips
that are left on that road system available and the number of trips that
are going to be generated by t he proposed development. If we run
into a situation where there's not enough capacity, not enough trips
for this development to go forward, in the old days it would stop. It
couldn't move forward until that became available.
We -- ours still defers to the statutes that says, proportionate
share allows that developer to pay for -- whatever their portion of the
improvement that's needed, they can move forward as long as that
contribution is made towards that ultimate improvement, and then the
rest is up to the other impact fees that are collected to help off -- or to
fill in the backfill of what is going.
So when we say we have transportation concurrency, it's
impacted by the state in terms of our ability to stop development, but
it's not impacted our ability to charge the appropriate cost sharing to
the individual development.
And there's two minor -- or two changes. Allow TDR credits
for existing agriculture and conservation uses where -- secured with
perpetual easements. That's in the neutral area. Like I said, the
neutral area is kind of -- it didn't get to participate in the sending or
receiving.
We've identified neutral areas. Maybe they may have some
environmental attributes that are worth preserving. If the property
owner wants to create some additional TDRs, like I said, we know
that there's an imbalance that we know that we have to find more
TDRs to make this whole over the buildout of the proposal, so that's
another program that's underneath that larger umbrella.
And it's remove the 40-acre minimum project size for cluster
development. Allow for it to go for whatever -- if the property
April 26, 2022
Page 108
owner only owns 20 acres, that means we could still utilize the
provisions. It's just the amount -- the density that will be associated
is going to be reduced proportionately.
There's also a couple amendments that are going to affect the
mixed-use urban area. Eliminate the one-mile boundary from TDRs
to be derived from the Urban Residential Fringe Subdistrict. Once
again, I'll go back to the map.
The Urban Residential Fringe Subdistrict is this area right here.
And to participate within this area, to increase your density from
one-and-a-half units to two-and-a-half units, you need to grab a TDR
that's within a one-mile radius -- one-mile radius of the proposed
project, that -- there's been a number of GMP amendments that have
kind of circumvented that program. We're recommending to remove
that as well.
When you're utilizing your urban residential infill density bonus,
there was a requirement. You would receive three additional -- three
additional development units if you qualify for infill. The provision
that we have currently on the book is your first of your -- your first of
your units has to come from a TDR. We're recommending to
eliminate that.
And then increase TDR demand by adding a requirement that a
Growth Management Plan amendment that proposes to increase
density in your urban area. So if you've got a GMP to increase your
density within your urban area, they have to utilize a TDR credit to
achieve that density increase, except for projects where there's
a -- where they have a public benefit. What that means is you're
either going to pay for it through additional TDRs, or you're going to
pay for it by providing for affordable housing.
Those are the two provisions. If you want to increase your
residential density in our urban area above what the Growth
Management Plan is going to allow for you, you're going to give the
April 26, 2022
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county the public benefit of affordable housing or you're going to
promote and advance the TDR program by utilizing TDRs.
And those are the changes that are being proposed. We had a
couple -- during the discussions, one of the things that we wanted
to -- we wanted to propose, and we entertained with the public, was
increasing the density from three units per acre to seven units per acre
within the village to give the economies of scale to have a more
supportable diverse mix of land uses. But because of infrastructure
concerns to the North Belle Meade and the South Belle Meade area,
we're suggesting that we hold off on that until we have a better
handle upon infrastructure provision within that area.
The size of the Rural Villages, we recommended more
flexibility towards that. But based upon those same infrastructure
concerns, we're not suggesting that. And also reducing the width of
the greenbelts that are associated with a village. When you have a
village development, you've got your village center, which is your
commercial activity, your multifamily, bleeds out to your more
traditional subdivisions, and then on the edges there's 100- and
120-foot greenway that's required. We suggest just modifying the
width in a more appropriate length to provide protection to adjoining
properties but not to -- but not be as demanding as the current
standard provides for.
CHAIRMAN McDANIEL: Just to clarify, these are not
proposed.
MR. BOSI: These are the ones that did not make the --
CHAIRMAN McDANIEL: Short list.
MR. BOSI: -- short list.
CHAIRMAN McDANIEL: You're spending a lot of time on
them. We don't --
MR. BOSI: I'm sorry.
COMMISSIONER LoCASTRO: So we're keeping the width
April 26, 2022
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the same?
CHAIRMAN McDANIEL: Correct.
MR. BOSI: We're keeping the width the same. And we're
going to evaluate that at a future time.
And this is where we're at in the process. This is a transmittal
hearing. It has already been to the Planning Commission. It takes a
transmittal and an adoption round, meaning it's going to go -- if it
was forwarded today to send it to the DEO, which is the Department
of Economic Opportunity, send it to the state. They'd send it out to
the other -- the state departments like DEP, DOT, make an
evaluation. They'd send it back. Then we would schedule a hearing
with the Planning Commission, and then, ultimately, we would
schedule a hearing with the Board of County Commissioners.
And then from that, after that adoption, we would begin the
process of developing Land Development Codes, which
implements -- which would be designed to implement the
amendments that are being proposed.
With that, that's staff's abbreviated review. But like we said, we
really wanted to focus upon the meat of what's being proposed.
One other thing I did say that I was going to share with you, the
very -- and this is from Mr. Torres. And the beginning of his email
talks about the challenges trying to obtain the third TDR, and this is
another instance of us having more work to do. We know that
there's other areas that eventually would benefit from amendments to
the proposal.
But it's related to their restoration and maintenance credits.
That's the third credit. And what he's saying, for a five-acre piece of
parcel, to provide for the exotic removals, you're upwards of 23- to
$30,000 just because of pricing, labor issues.
Now, our TDRs we know are going for about 13,5-. So it's
almost -- and you can get up to four TDRs. So at the average rate,
April 26, 2022
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half of your TDRs are going to be paying for your restoration and
maintenance.
So what he's saying is that the cost to be able to eligible to
receive that TDR is somewhat higher than what the market value of
the TDRs right now. So that's an issue we need to pick up. But we
need to pick that up after.
Specifically, I wanted to focus upon the very last sentence. It
says, Mike, we fully support the changes you are pushing through but
hope in the future there is additional support for TDRs, meaning
there's more to come related to some of these issues that we know we
have to tackle.
But staff is recommending that the Board of County
Commissioners move forward; direct staff to transmit to DEO. We
know that there's more work that eventually will need to be done, but
we did not want to see the work that has been compiled over the past
six years remain idle as we try to find perfect. And that's staff's
presentation.
CHAIRMAN McDANIEL: Well, nobody's lit up, so I'll start
the process and make a motion for approval as recommended with
the CCPC's adaptations to the -- to the executive summary or to
staff's recommendations. I'll make a motion for approval.
I do have some comments assuming we get a second.
COMMISSIONER SAUNDERS: Do we have any speakers?
MR. MILLER: Yes. We have four public commenters on this
item.
CHAIRMAN McDANIEL: Well, then we'll hold off on the
second until we have our public speakers. Let's do that.
MR. MILLER: Mr. Chairman, your first speaker is John
Harney. He'll be followed by Joe Trachtenberg.
MR. HARNEY: I'm John Harney. I live in North Naples.
I'm speaking today for Habitat for Humanity of Collier County. I'm
April 26, 2022
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also a member of the AHAC.
Thank you for asking the county staff to develop new rules for
development for building affordable homes in the Rural Fringe
Mixed-Use District. Habitat is excited to see Collier County make
these changes to help solve the overall c risis of affordable homes.
Habitat is interested in building in this area. We build with
homeowners who have up to 80 percent of area median income, so
that helps to understand where we would be in that affordability ratio.
Streamlining and simplifying the sending and receiving rules
will make selling and buying properties much more attractive for
development to builders like us by reducing the time and complexity
of transitioning to new owners. This is a multiyear process for
anybody who tries it. It's very difficult, expensive, and
discouraging. Current rules have kept us from attempting to do this
in any serious way up to now, even though we have looked at
properties in this area.
Increased density of up to 12.2 units per acre will make these
properties much more attractive for developers and much more viable
in general. Changing the limits on parcel sizes, which I don't believe
was mentioned very much up to now, makes a lot more flexibility.
Right now you've got parcel sizes and sending and receiving rules,
and that part of it is another complication in it. Easing up on that
makes a great deal of difference for us.
The requirement for access and use of existing primary roads is
a benefit for the county and for Habitat. Habitat would be happ y to
be responsible for connector roads. We're happy to do that. So if
we have to build a road that gets to our property, as long as it's going
to connect up to a main county road that's out there, we're okay with
that. We don't expect we'd have a big cost for that because of the
type of land that we're looking at.
Environmental impact is also very important for us at Habitat.
April 26, 2022
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We want to follow the rules that we have in the county for
conservation. We're happy to follow through with that. And we
feel that the plans that have been made for county staff to do that are
consistent with what everybody in the county wants to do to protect
the environment.
The mixed-use diversification is also very important because it's
out there. There isn't a trail that goes out there in a big way.
There's no breadcrumb from most of the development that goes out
there to that area.
There's one more thing. There was a little bit of mention about
using the Community Land Trust and for the county to be able to
give over land. If any land was given over to Habitat, we would be
working with the Community Land Trust to lock in 99-year
affordability. That would be baked into any development that we
do. Thanks.
CHAIRMAN McDANIEL: Thank you. Appreciate it.
MR. MILLER: Your next speaker is Joe Trachtenberg. He'll
be followed by Bob Mulhere.
MR. TRACHTENBERG: Good afternoon, Commissioners.
I'm Joe Trachtenberg. I'm chairman of the Affordable Housing
Advisory Committee.
I want to address my comments at about a 30,000-foot level as
opposed to get into the detail that Mike did. We've seen a dramatic
change at AHAC in the last -- in the last few months and a different
attitude about essential worker workforce housing and affordable
housing. And on behalf of AHAC, I want to acknowledge it. I
want to -- if you'll excuse the informality. The relationship that
we've established with County Manager's staff, Dan and Amy and
Jamie and Mike and Kristi and Jake. We now have a member of
Planning Commission on AHAC.
We're seeing a different environment, a different atmosphere as
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it relates to this essential subject, this crisis subject in our community.
And I'm here to say thank you. Thank you to the commissioners for
leading this charge.
We had the opportunity at our last meeting to review these items
in depth. AHAC recommends that, as your advisor, that you adopt
this proposal.
We recognize that this does not mean that there isn't more work
to be done, as Mike says. There are other issues. But if we wait to
look at these issues until everything else is in place, we're never
going to get where we need to do -- where we need to go. We need
to do this in steps. And this is a critical step now.
So I'm here basically to encourage you to please support the
proposal of staff. We think it's a smart thing to do. Thank you.
MR. MILLER: Your next speaker is Bob Mulhere. He'll be
followed by Nancy Lewis.
MR. MULHERE: Thank you. For the record, Bob Mulhere
here on behalf of several clients, including Lipman Family Farms. I
also represent Jeff Green who owns the Immokalee Road Rural
Village, proposed village, and I also work for David Torres.
Bruce Anderson and I, starting in -- somewhere around 2014,
worked on behalf of a coalition of rural fringe landowners, prepared
this white paper that was presented to the Board in 2015. So now, a
little more than seven years later, we are getting to these
amendments.
I want to -- I mentioned this at your last meeting, but I -- on
behalf of my clients, we do support the proposed amendments. We
agree, there is some more work that needs to be done.
As Mike said, referencing David Torres' email, he actually has
some very recent cost estimates for exotic removal which would be
the initial qualification for that third TDR. And David, as a
sophisticated developer with significant holdings -- but there are
April 26, 2022
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many 5- and 10-acre parcel owners out there in the remaining TDR
land, Sending Lands, that haven't severed their TDRs because they
don't see a perceived value, and the whole policy objective was to
make those folks whole for the loss of rights when this was adopted.
Their density went from one per five to one per 40, but they were
able to get TDRs and the revenue from TDRs.
Now, the problem is that you really can only get three TDRs on
a small 5- or 10-acre parcel, at least as presently written, because you
can't find someone who wants to take -- a public entity that wants to
take five acres and manage it after you give it to them to get that
fourth TDR. So you can only get three. So right now that's
somewhere around 45,000 potentially in revenue, and it's costing you
upwards of $30,000 to remove the exotics, not to mention the
perpetual maintenance exotic fee, not to mention the cost of going
through the severance process. You can see why there 's no
incentives for people to do that.
So we want support looking at that, coming back with the data
for you in the future amendment, but I would like to suggest that that
shouldn't take seven years to get back here.
CHAIRMAN McDANIEL: Good idea.
MR. MULHERE: I'm hoping that you'll concur that it could
come back somewhat expeditiously, maybe within six months.
With that, I'm happy to answer any questions that you might
have.
COMMISSIONER TAYLOR: I have a question.
MR. MULHERE: Yes.
CHAIRMAN McDANIEL: For him?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: Please.
COMMISSIONER TAYLOR: So, Mr. Mulhere, your clients,
would -- if the Commission would agree with my concern about the
April 26, 2022
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double density, doubling density along the Immokalee Road and to
receiving areas, if that was removed, is this a -- does this cause you
and your clients a lot of heartburn?
MR. MULHERE: Well, we still support that allowance for two
units per acre. It makes more sense from an economic scale. You
still have to go through the concurrency process. But right now, that
one unit per acre -- you'll remember I brought a petition before the
Board for Ventana. It was a Comprehensive Plan amendment and an
MPUD. And at that time the Board directed staff to look at two
units per acre and approved that petition at two units per acre. It just
didn't make economic sense from the developer's perspective to try to
develop at one unit per acre.
So if you really want to drive a program that results in these
sending landowners being whole, there has to be good demand for
those TDRs. At two units per acre, there will be, but the other side
of that formula is that the developer, you know, needs to make money
so they're going to be in it. And at two units per acre, it is
economically feasible to develop out there.
They still have to go through all the same review, all the same
tests, the concurrency management, and so on and so forth. If there
isn't concurrency, they have to pay their fair share of whatever is
addressing the effect on the level of service of roadways.
So, I mean, we would support the other amendments, but we do
support the increase to two units an acre as well.
COMMISSIONER TAYLOR: Thank you.
MR. MILLER: Your final registered speaker on this item is
Nancy Lewis.
MS. LEWIS: Good afternoon, again, Chairman McDaniel and
Commissioners. Again, for the record, my name is Nancy Lewis,
and I'd like to speak on the proposed TDR amendments. I would
like to see the ones on Immokalee Road removed.
April 26, 2022
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We only have two east/west roads, Immokalee Road, Vanderbilt
Beach Road in the northern section of the county, and both are totally
gridlocked with traffic as it is.
How is the county going to retain concurrency for the public
benefit if they move forward with these? It's not possible.
Immokalee Road cannot handle more traffic. With just the Rural
Villages that have been already approved, that's adding 90,000 trips
per day to the county. With the Immokalee Road Rural Village, the
proposed traffic trip count, I think, is 34,000 trips per day. Where
are all these people and cars going to go? There's no place for them
to go.
I -- again, I am totally in favor of the affordable component. I
understand it's crucial, but I think you need to remove the TDRs from
the Immokalee Road area.
Thank you.
CHAIRMAN McDANIEL: And that was the last one?
MR. MILLER: Yes.
CHAIRMAN McDANIEL: Okay. Since I forgot to call on
public speakers, thank you for reminding me about that.
Okay. Any other comments?
COMMISSIONER TAYLOR: Yes. I would like to ask if I
have any consensus among my colleagues to have that density
removed to -- not double, just go back to what it is understanding that
we're going to review this again, understanding that we are changing
a few things, and more things could be changed. But density along
the Immokalee Road is my -- is my concern. I want to vote for this,
but if I have to -- if we can separate that out -- if there's no consensus
to change the density, if we can separate that part out, I'm happy.
But if not, unfortunately, I'm going to have to vote against this. And
I am only one vote.
Thank you.
April 26, 2022
Page 118
COMMISSIONER SAUNDERS: I tend to agree with you,
Commissioner Taylor, in reference to that.
COMMISSIONER TAYLOR: Be still my heart. This is
wonderful.
COMMISSIONER SAUNDERS: Yeah. Between the two of
us, though, we're only two votes.
COMMISSIONER TAYLOR: We need another person.
CHAIRMAN McDANIEL: Well, it requires four, if I'm not
mistaken, for trans -- is it four or three?
MR. BOSI: This is transmittal. You only need three to
transmit.
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: We need four to adopt, correct?
MR. BOSI: Three is problematic.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: No, Mike, just stay at the
podium there. I mean, I think that concern has merit. So, I mean,
you've spent so much time diving into this and getting this on track,
and we've heard support for 90 percent of it, whatever the percentage
is, except for, you know, this one data point. I'd like to hear your
response to, you know, what, you know, Commissioner Taylor is
talking about and what some of the speakers said as far as Immokalee
Road and the pros and the cons of keeping that in there as part of
these amendment changes.
MR. BOSI: On the one hand -- and I agree with Mr. Mulhere.
I would say that it has a benefit of adding additional demands and,
therefore, creating more of a marketplace, but with the fact that we
are going to -- after we would eventually adopt, we are going to put
this on another track for further evaluation.
The one thing that I will say is the majority of -- and I'm -- I'm
going to show you. This northern receiving area, there is -- there is
April 26, 2022
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very little left in terms of entitlement opportunities, so there's not
going to be a lot of issues if we create -- if we leave it at one or go to
two.
And this area here is almost 100 percent occupied by the
Immokalee Road Rural Village. It's over 2,200 acres, and that's
going as a village. So that's separate from the one-to-two issue. So
what I'm -- in the long run -- in a long way I'm saying staff would be
comfortable leaving it at one. I don't think it will have a material
effect because of the lack of real other development opportunities that
are within this other receiving area where it's being proposed for, and
as we go through further evaluations, not only the density along these
northern receiving areas, but we'll reevaluate what we think's an
appropriate suggestion for the southern areas.
So staff could most certainly live with that recommendation
knowing that it's going to be debated in advance through the public
planning process.
COMMISSIONER LoCASTRO: Yeah, that was sort of, like,
my observation is, I mean, you said it -- sort of the way I was
thinking of it is, what's really the impact here if you move it to two or
if you leave at one because of the way you just described those areas.
And having said that, then, I default the way of leaving it at one, and
we can always, you know, reassess this.
I think all the other items are so important and critical and not
really a big, huge debate, that we can always address this one
particular issue on Immokalee Road and change it to two if we think
that at such time it makes more sense. But I think you've proven the
point that it's of minimal impact, so if that's the case, I say leave it at
one and approve -- I would support approving all the other ones that
to me are no-brainers. But that was the one that was sort of lagging
for me. And you've put it succinctly that -- I think it's minimal. But
having said that, then I'd default in a more conservative way.
April 26, 2022
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CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a couple quick
comments. I know Trinity Scott and I have had numerous
conversations about -- and she's attended numerous town hall
meetings where the issue of Immokalee Road comes up, and I know
she's working on trying to move up some of the improvements to the
intersections that are really problematic on Immokalee Road.
I think by taking this out, I agree, it's not going to be a major
impact, but I think it sends a message to the folks that live and travel
on Immokalee Road that we are hearing their concerns and
taking -- they may be baby steps, but we're taking steps to resolve
that, and this is just one of those policy issues I think that's just best
left for later when and if we're able to make improvements to the
roadway.
So I would suggest that we entertain a motion to approve this
without the Immokalee Road area increases --
COMMISSIONER TAYLOR: I'll second that.
COMMISSIONER SAUNDERS: -- that would be appropriate.
CHAIRMAN McDANIEL: Commissioner Solis, for comment
or discussion.
COMMISSIONER SOLIS: A question for Mr. Bosi. So
leaving out the increase to two units an acre, what's the impact of that
on creating the market for the TDRs? I mean, that's -- because the
problem's always been that there's --
MR. BOSI: There's a number of different provisions that
add -- that have the potential to add TDRs, so that's helping -- that's
happening to add to the supply issue.
COMMISSIONER SOLIS: Okay.
MR. BOSI: The negative impact could be maybe there was a
five -- maybe there's a 10- or a 15-acre parcel in that -- this northern
receiving area that would have made the decision to move forward at
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two, couldn't do it from a financial standpoint at one, but I don't know
that for sure.
CHAIRMAN McDANIEL: They can come back -- excuse me,
I don't mean to interrupt. They can come and ask like the folks at
Ventana did. I mean, if there's a change in --
MR. BOSI: That's a great point, Chair.
CHAIRMAN McDANIEL: -- the need, they can certainly
always come back and ask. Taking it out now is not an imprudent
move.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: It's been moved and seconded, but
for comment purposes, I concur with Mr. Mulhere about timeliness
when this comes back. One of the deficiencies in these proposed
amendments I found where they were either -- the datasets that were
being used were at best outdated. There's no -- I didn't see a credit
balance system. We've talked regularly about the lack of demand for
the credit and the TDRs themselves and their consumption. There
wasn't a -- wasn't an up-to-date balance within this data that I was
able to ascertain.
We talk about having a value for the currency. The currency
within the system is the TDRs. And if you don't create a
marketplace for that currency to be consumed, it diminishes the value
of the trade for TDRs. And throwing more TDRs at it to
theoretically meet a demand that you don't really know what the
demand is, it puts me going in circles worse than I really like to go.
So when we come back, I want to see a credit analysis on -- and
a balance of the system. I want to see a matrix of conversion. I had
some concerns with the language. I am the one that advocated for
opening the system up and allowing for urban development that
requests for additional density to be able to consume TDRs to receive
that additional density request, and I believe that will create greater
April 26, 2022
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value.
But I'd like -- I would like a stab from staff -- I would like a stab
at a system. One unit for one TDR or five units for one TDR of
consumption in the urban area. And it's just something, some sort of
an establishment of a system so that we're not just throwing darts
with these TDRs and their value. I don't think anyone can argue that
moving density rights, development rights from environmentally
sensitive lands necessarily in the east to urban areas in the west where
we have better infrastructure to support the growth and development
is a bad thing. But I would like -- I would like -- I would rather -- I
would like to have a system in place.
MR. BOSI: And just in response, I've already spoken with
Michele Mosca, and we're starting the process now of updating the
credit balance and hearing what -- the specifics of your conversion.
What you're -- what you're saying is we have a -- we're adopting a
policy that says that if you want to increase density in your urbanized
area, you have to increase TDRs. You want to know what that
exchange rate's going to be with some data to justify it.
CHAIRMAN McDANIEL: Sure. We've been participatory as
a board. You know, when Allura came to us and was asking for an
extra couple hundred units up there -- I don't think you were on the
Board yet when we approved Allura. But, you know, when that
developer came to us and wanted extra units as opposed to us just
giving them to them for some theoretical public benefit of housing
affordability, we could say, go buy 20 TDRs, and we'll give you X
amount of units as a conversion on those. So that's the -- that's that
rationale, the matrix that I'm looking to ultimately do.
MR. BOSI: And just -- not to get into too much inside baseball,
but what we're going to have to evaluate is what are the density
bonuses that have been associated with affordable housing and those
contributions compared to the contributions from a TDR standpoint,
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because you don't want to make one easier to obtain than the other.
CHAIRMAN McDANIEL: Absolutely.
MR. BOSI: So we want to make sure it's almost par. So we
understand.
CHAIRMAN McDANIEL: The goal is a value added to the
TDR program to incentivize people to consume those to relocate
those densities.
Commissioner Taylor, did you have a question?
COMMISSIONER TAYLOR: Yes, yeah, I do. And so I'm
going to be very, I guess it's -- you know, when thinking about public
benefit and I think about building affordable housing rather than
allowing the development community to develop land, I think I know
where I lie. It's building affordable housing.
So I would like to see -- and if there's concurrence up here, I
would like to see as we go forward how we can facilitate the building
of affordable housing in this area. We always -- Mark Strain talked
about it. Tim Nance talked about it. This is where we're going
to -- this is the perfect place to put, you know, affordable housing, the
rural fringe. That's the place. But we have, as you said, all these
small lots and all these individual owners. We have yet to -- you
know, they own that property, but there -- is anybody trying to
coordinate anything with them, or if we do, what are we
coordinating?
I mean, to get close to Tamiami Trail and to have Habitat say
we'll run the roads as long as it's from a major road, just help us wit h
this. We just got -- we just got an invitation we can't turn down.
Thank you.
CHAIRMAN McDANIEL: You well realize that the density is
the key -- is one of the key components to success in housing
affordability?
COMMISSIONER TAYLOR: There's no question about that.
April 26, 2022
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CHAIRMAN McDANIEL: Okay. And you are the one that
made the proposition of reducing the density from the proposition
that staff did from two to one in the Receiving Lands up there along
Immokalee Road.
COMMISSIONER TAYLOR: I did.
CHAIRMAN McDANIEL: Just so you -- okay. I just -- so,
anyway, we don't need to have that discussion.
It's been moved and seconded that -- with the adjustment from
the two to one, the last proposition of staff, that we accept this and
transmit it accordingly. It's been moved and seconded. Is there 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.
Item #11C
TO AWARD CONSTRUCTION INVITATION TO BID (“ITB”)
NO. 21-7938 TO R2T, INC., IN THE AMOUNT OF $2,404,514.00,
FOR THE “MASTER PUMP STATION 302.00 SITE
IMPROVEMENTS” PROJECT, APPROVE THE REQUESTED
BUDGET AMENDMENT, AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED AGREEMENT (PROJECT #70215) –
APPROVED
April 26, 2022
Page 125
MR. ISACKSON: Thank you, Commissioners. That moves
you to Item 11C. It's a recommendation to award construction
Invitation to Bid 21-7938 to RT2, Inc., in the amount of $2,404,514
for the Master Pump Station 302 site improvements. It's a project to
approve the requested budget amendment and authorize the Chair to
sign the attached agreement.
And Mr. Matt McLean, your director of engineering and project
management for Public Utilities, will present.
CHAIRMAN McDANIEL: You look familiar to me.
MR. McLEAN: Good afternoon. Matt McLean, for the
record, Collier County Public Utilities director of engineering and
project management.
Happy to be here this afternoon to talk about one of our master
pump stations. Our presentation was in the agenda item. We're
happy to go through it, or we're happy to go straight to questions,
whatever the pleasure of the Board is.
COMMISSIONER TAYLOR: I'd like to move approval.
CHAIRMAN McDANIEL: It's been -- do we have a second?
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
the proposition -- or that 11C be approved as recommended. 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.
April 26, 2022
Page 126
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. McLEAN: Thank you. We appreciate your support.
Item #11E
THE BOARD TO CONSIDER THE ATTACHED DRAFT LOCAL
RENTAL ORDINANCE WHICH WOULD REQUIRE
LANDLORDS TO GIVE THEIR TENANTS 60 DAYS WRITTEN
NOTICE FOR RENT INCREASES OVER 5 PERCENT AND
PROVIDE GUIDANCE TO THE COUNTY ATTORNEY AND
STAFF ON ANY CHANGES PRIOR TO ADVERTISING THE
ORDINANCE FOR A PUBLIC HEARING - MOTION TO MOVE
FORWARD WITH ADVERTISING AND BRING BACK AT THE
MAY 10, 2022, BCC MEETING
MR. ISACKSON: Commissioners, that moves you to
Item 11E. It's a recommendation for the Board to consider the
attached draft local rental ordinance which would require landlords to
give their tenants 60 days' written notice for rent increases over
5 percent and provide guidance to the County Attorney and staff on
any changes prior to advertising the ordinance for a public hearing.
Mr. Jacob LaRow, your Community and Human Services
development manager, will start the conversation.
MR. LaROW: Good afternoon, Commissioners. Once again,
Jacob LaRow, your manager of housing grants and development
operations.
I do have a couple slides here to run through, some talking
points. So if you'll indulge me while I locate the mouse.
Commissioners, I think it's warranted before we get into some of
the details of this item here, with the ever -changing dynamic that
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we're seeing with the housing affordability in Collier County and
nationally, I just wanted to -- I felt it important to just provide some
recent updates that have come our way through Department of
Housing and Urban Development.
Annually, they release updates to the median incomes and
various AMI area median income targeting for a number of fe deral
programs. The Florida Housing Finance Corporation, of which we
receive State Housing Initiative Partnership funds, of which the
three-year local housing assistance plan was approved earlier this
morning on the consent agenda, they, in turn, use those figures to
populate a number of income and rental restriction figures that we
use with our programs.
Because HUD typically releases that information around April
of every year -- they're a little behind. My understanding is that
every time they have a new HUD secretary with new staff, they like
to take a little additional time to review those figures and, as a result,
the only information we have, just as a quick update today, were the
30, 50, and 80 percent AMI figures that were released last week.
And so what I did here, just for -- I have a graphic
representation. I plotted the extremely low, which is the 30 percent
AMIs; the very low, 50 percent; and the 80 percent, the low incomes,
over the last three years just because I felt it was interesting that from
2020 to 2021 you can see there's just a small increase in the incomes,
but then from 2021 to 2022, there was a marketed increase.
And as you can see now, the median income family income for
Collier County now stands at 98,600, which is a 17 percent increase
from what it was a year ago.
Household of four, kind of standard middle of the road. The
household of four AMI at 50 percent increased about approximately
12 percent. And I was just monitoring the Florida Housing Finance
Corporation's website today hoping they'd release the numbers for the
April 26, 2022
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figures that go up to 120 percent that we commonly use in a lot of our
programs, and those are not -- have not yet been released. But we
expect a similar increase across the board for the rental restriction
numbers.
So I think it prudent, as we move forward with this item,
Commissioners, to just briefly touch on current state statute that
governs landlord and tenant notices. As you can see here, this is
Chapter 83, Part 2, which, pretty self-explanatory, governs the notice
requirements for tenancies -- residential tenancies for termination
based on the existing length of the existing lease.
So as you can see it goes from year-to-year -- or one-year leases,
down to quarter, all the way down to week -to-week.
As it stands, the draft ordinance for your discussion this
afternoon does not touch on termination. It's only for notice of
rental increases.
So just to get a little more detail here, the draft ordinance, as part
of your agenda packet, covers residential landlords which propose a
rental increase greater than 5 percent. Again, that does not cover
notification for terminations. The 5 percent is something we've seen
for a number of the other Florida counties that have implemented or
are proposing to implement a similar ordinance. Five percent seems
to be the standard across the board.
It does cover those with specific terms and those without a
specific duration. So those -- basically, folks with annual leases or
month-to-month tenancies or some variation within there.
And what it would do is it would impose a landlord obligation to
provide 60 days' fair notice, written notice to the tenant in the event
that they're proposing a rental increase greater than 5 percent. The
ordinance further, then, basically spells out in that instance what
options a tenant has. They can accept. They can attempt to
negotiate with the landlord. If they have a good working
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relationship with the landlord, they might say, hey, you know, I can
only afford this much. Would you be willing to reconsider or, of
course, they can reject.
And as mentioned in the County Attorney's comments in the
executive summary, this draft ordinance is, at present for
consideration, only applicable to unincorporated -- or excuse
me -- Collier County, and that enforcement would be via the Code
Enforcement Board.
CHAIRMAN McDANIEL: Do you have a question for him
now or at the end?
COMMISSIONER SAUNDERS: I think it's a question for him
and for the County Attorney.
CHAIRMAN McDANIEL: You'll take questions during
your -- during your presentation, won't you?
MR. LaROW: Yes, sir.
COMMISSIONER SAUNDERS: Okay. Maybe this is also
for County Attorney's consideration. Obviously, it says here that if
you don't give them -- you have to give the notice in order to be able
to increase the rent. And I guess you could say, well, it's obvious
what happens if you don't provide the notice, that you can't increase
the rent, but it doesn't say how this is enforced.
And I guess I turn to the County Attorney. I know it's a code,
so I guess it would go to code enforcement. But how do you force a
landlord to not increase the rent if they fail to give the notice?
MR. KLATZKOW: I think that, ultimately, it would be a
defense in an eviction that you failed to give me notice. That's
probably the biggest stick here, and a smaller stick would be a code
enforcement action with a fine.
COMMISSIONER SAUNDERS: So, again, I just don't
understand how this would be -- how this would be enforced, what
the penalties would be. I'm not sure if it's laid out enough.
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MR. KLATZKOW: Well, it's a code, so code enforcement, the
fine would be up to $500. It's at the discretion of the Code
Enforcement Board how much they would --
COMMISSIONER SAUNDERS: Well, the landlord tries to
impose a rent increase of 10 percent and fails to give the notice --
MR. KLATZKOW: The tenant would have to tell us, because
the landlord certainly is not going to tell us that I haven't given the
notice. So the tenant would have to complain to us, and we could
start a code enforcement action. But I do think it would be a defense
in an eviction action that you didn't give me the noti ce.
COMMISSIONER SAUNDERS: All right. I appreciate the
answer. I just am not sure I see how this would --
MR. KLATZKOW: I'm not saying it's --
CHAIRMAN McDANIEL: We're not done yet. He's not
done. We're going to come to you in a second for that commentary.
Commissioner Solis, did you have a question in that regard?
COMMISSIONER SOLIS: No. I have a question that's in the
same line. I mean, if someone -- if this applies -- this would apply to
a tenancy without a specific duration. So if somebody's going month
to month because -- they're month to month, and under the statute I
think you have to give -- under the statute you give what --
CHAIRMAN McDANIEL: Fifteen-day notice on the 30-day
notice. Pull back up.
COMMISSIONER SOLIS: -- 15 days' notice to vacate, how
does this -- how does this work? I don't understand how it's going to
apply to a situation where it's less than -- the rental period is less than
60 days. I think there's an argument, then, that they can't either start
an eviction process or increase the rent for 60 days, but the tenancy's
only 30 days? I mean --
COMMISSIONER LoCASTRO: I mean, the inference is
they'd get, I don't want to say two free months, but they would be
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able to float for 60 days at the same rent while this whole argument's
going on.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Well, one of the
things -- when we all talked about this, I think we were all in
agreement --
COMMISSIONER SOLIS: I don't think I was here, and so --
COMMISSIONER SAUNDERS: Okay. I think we were kind
of all in agreement that it seemed fair that a tenant receive notice, and
it was pointed out that Miami-Dade has an ordinance that does just
that.
MR. KLATZKOW: This is the Miami-Dade ordinance.
COMMISSIONER SAUNDERS: Is this -- that was going to be
my question. Is this all they have in Miami-Dade?
MR. KLATZKOW: They have two things, one of which never
happens because it concerns leases without a specified term. I've
been leasing property off and on my whole life. I've never seen a
lease without a specified term. This provision is pretty much word
for word the Miami ordinance.
COMMISSIONER SAUNDERS: Have you been able to
evaluate any enforcement action that's been taken?
MR. KLATZKOW: They just enacted it. And one of
staff's -- and one of staff's -- I discussed with staff maybe we put this
off for a year and see what happens in Miami-Dade, whether or not
it's effective or not.
COMMISSIONER SAUNDERS: Okay.
MR. KLATZKOW: You will note that there's no
recommendation by either me or affordable housing folks on this one.
CHAIRMAN McDANIEL: Right. Do we have any public
speakers on this, Troy?
April 26, 2022
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MR. MILLER: Yes, we do, Mr. Chair. We have two.
CHAIRMAN McDANIEL: Okay. Let's -- are you done with
your presentation?
MR. LaROW: Actually, Commissioner, with respect to some
of the questions that were raised -- that were just asked now by the
Commission, I did have a couple of tidbits of information that might
enlighten as well, if you'd like me to proceed.
CHAIRMAN McDANIEL: Yes, sir, please.
MR. LaROW: Okay. Thank you.
So based on -- based on the draft ordinance that the County
Attorney had mentioned that was largely off of Miami-Dade and
some -- just experiences and some research that Community and
Human Services had performed over the last couple of weeks, we just
kind of have a couple -- a couple analysis points that we'd like to just
run past you for your consideration and discussion.
So the first is we anticipate, based on what we see through our
ERA, our Emergency Rental Assistance Programs and American
Rescue Plan programs, those are the folks that are seeking rental
assistance as a result from impact from COVID and et cetera, that by
and large, the notices that have been provided by those professionally
managed large multifamily properties have been upfront and have
been providing notice to their tenants in the instance where a rental
increase is forthcoming.
Further assistance in our staff that speak regularly with tenants
that are looking for assistance have also relayed to those staff that
they're calling and they're looking for assistance -- or recounting that
their landlords are, in fact, telling them, informing them that their rent
is going to increase and, as a result, that's why they're seeking
assistance.
But because of just the fact that you have large apartments that
come -- have professional -- are professionally managed, have
April 26, 2022
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trade -- trade organizations that keep up to date on a lot of these
different regulations and so forth that come through, we would expect
that those mom and pop operations that -- family that might have one
or two rentals that -- and work full-time jobs, that in the instance that
compliance issues might arise, we would expect that perhaps those
folks would be most likely to see issues as a result of any kind of
notice ordinance passed.
And this was -- Commissioner Saunders, I believe this was a
question you raised and Jeff had alluded to was that there's a
possibility that there's an open complaint under an ordinance might
impact the ability for a successful eviction. That would remain to be
seen and, obviously, I would defer to the attorneys, but that is
something we've observed that, because this is new -- Miami-Dade's
has only been effective for 30 days -- there just isn't really a lot of
data out there to really pull from.
The third item here, obviously, is with the amount of
information out there, the lack thereof, staff capacity for enforcing of
such an ordinance is really kind of unknown at this time. I have
reached out to Miami-Dade County and spoken to three different
divisions. I've spoken with the mayor's office. I've spoken with the
Clerk to the Board. I've spoken with Neighborhood Services
Division. They're all pointing in different directions. I have yet to
be able to find information that might give them some indicatio n of
what they're seeing with the month that it's been in effect.
And I would just note as well, they had an ordinance that they
passed January 20th of 2021 that increased the notice for termination
from 15 days to 30 days for month-to-month tenancies. So that
ordinance had been in effect for roughly 14 months, 15 months. So
that is something I'm further investigating to see if there's any kind of
information, some data we can glean from Miami-Dade that might
shed some light on what we're looking for.
April 26, 2022
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CHAIRMAN McDANIEL: And isn't that in direct conflict
with Chapter 83 and the notice requisites within the statute on a
30-day tenancy? On a month-to-month tenancy, it's a requisite of 15
days. So that's --
MR. LaROW: Not less than 15 days. So I don't know if
they've been challenged on that, but I do know that was the first
ordinance of 2021 that -- and their subsequent ordinance that was
just -- went into effect of March of this year amended that initial
ordinance.
CHAIRMAN McDANIEL: Okay. Okay.
MR. LaROW: The second-to-the-last bullet here I think is
probably the most, I guess, apparent. Of course, this notice does not
in any way limit the landlords from raising rents.
Further, with historically low vacancy rates and high rates for
rentals, given even a greater notice period, we anticipate that tenants
looking to relocate as a result of receiving an ordinance -- or notice
under an ordinance would still have difficulty securing new housing
that would be affordable given what we're seeing.
And then potential impact to tenancies less than one quarter, this
was a discussion that was just had on the dais in terms of what that
would look like with a notice for rental increases and what impact
that would have for tenancies that are less than the 60-day notice
period in the proposed ordinance for discussion.
And, of course, this would not, as currently drafted, the County
Attorney indicated in the executive summary that this, per Board
policy, that that would not include the incorporated areas of Col lier
County. And so as a result, you could see potentially folks -- tenants
that don't know exactly where they reside within corporate
boundaries, whether they are afforded the notice -- protection of the
ordinance or not. You might also expect some -- anticipate some
landlords as well under -- not clear on whether they're subject to
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notice requirements given that delineation.
And then, finally, this is just a quick summary of action taken by
other Florida communities. As was alluded to earlier, Miami-Dade,
their ordinance was passed March 15th, went into effect March 25th.
They didn't have termination clauses within the ordinance.
And, of course, as mentioned earlier, the rental increase is
greater than 5 percent, that's something we've been seeing in enacted
ordinances and proposed ordinances thus far.
City of Tampa, they're in the process. They just had their first
reading April 19th. Again, they have a termination component to
their ordinance, 60-day written notice for residential landlords. They
do, in their ordinance, said it exempts chapter -- rental units governed
exclusively by Chapter 723. That's related to mobile home park lots,
which the current standard for that is 90 days.
They do exempt short-term rentals, those 30 days or less. And
in their ordinance they did levy by -- they did specify that there be a
$450 fine per instance in their ordinance.
And then, Commissioners, finally, City of Lake Worth Beach,
they just adopted theirs April 19th. Again, 5 percent is the threshold
there for notice for a rental increase, and then they did increase
60-day written notice for termination in month-to-month tenancies.
And then that's what I have for you today, this afternoon. That
concludes my PowerPoint.
CHAIRMAN McDANIEL: Okay. Thank you. Let's go to
our public -- well, I've got two commissioners. Commissioner
LoCastro, you want to go or --
(Simultaneous crosstalk.)
COMMISSIONER LoCASTRO: I'll wait till after public.
CHAIRMAN McDANIEL: How about you, Commissioner
Solis?
COMMISSIONER SOLIS: I've got a couple more legal issues
April 26, 2022
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for our County Attorney.
CHAIRMAN McDANIEL: Let's hear from our public. We
have, I think, two.
COMMISSIONER SOLIS: Okay.
MR. MILLER: We have increased to three and four.
CHAIRMAN McDANIEL: Okay. Let's go to our public
speakers, and then we'll --
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: -- wrap up with our comments.
MR. MILLER: Your first speaker is Joe Trachtenberg. He'll
be followed by John Harney.
MR. TRACHTENBERG: Thank you, again, Commissioners.
Joe Trachtenberg, chairman, Affordable Housing Advisory
Committee.
You know, periodically we see our community ranked for
different things, whether it's our beaches or our food or our quality of
life. And last week you-all probably saw in the Washington Post we
were ranked in a national study to determine rent increases versus the
rest of the United States. And it was interesting to note number one
in the country is us. Number one in the country, Naples and Marco,
highest rent increases 2020 to 2022.
Now, I'm here representing Affordable Housing Advisory
Committee, your advisory body. We considered this matter, and it's
on the table because we recommended that it be here. Obviously,
the discretion is yours as to whether you adopt it or not.
Our objective is to level the playing field. We have -- we have
people in crisis in our community whose rents are being increased by
$500, $1,000. The Washington Post study used a number of
39.7 percent. That's the average rent increase from 202 0 to '22 here.
That's an enormous amount.
So what does this do? What does this proposed ordinance do?
April 26, 2022
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It requires the landlord to give at least 60 days' notice. Not -- if the
landlord wants to wait until the lease is expired to give his notice,
then shame on him. This requires him to give notice. And my
sense is, he ought to be giving 90 days or 120 days, but
Miami-Dade's council determined that 60 days was really as far as
they should go without contravening state law. So AHAC agreed,
60 days is a logical point.
We're saying that 60 days before a lease expires that a landlord
ought to tell his tenant that I'm going to raise your rent more than
5 percent. He sure as heck knows it. If he's not obligated to do that
under the course of the lease and doesn't do it, then, truly shame on
him.
Look at these from the renters' perspective. They may have to
go to the county and get rental assistance. They're going to hav e to
find a new place to live, for sure. They have to register their kids in
a new school district and maybe find a new place to work.
So I understand your concerns about the enforcement aspect of
this. Honestly, my concerns and the committee's concerns really go
to what's fair and decent in terms of these folks that are suffering with
something that there's very little solution. Thanks for listening.
MR. MILLER: Your next speaker is John Harney. He'll be
followed by Nancy Lewis.
MR. HARNEY: I'm John Harney, and I'm also a member of
the Continuum of Care for housing.
I have some figures here. We often talk about people who are
working and their problems with apartments. There's another part of
this that really doesn't get addressed very much, which is the problem
of seniors who are renting in our community.
I have some figures here. But I think the main thing here is that
it's fixed incomes. If you're 70 years old, 75 years old, 80 years old,
and suddenly a landlord comes to you and says, hey, another $500 a
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month. You can't afford it. That's a very big deal. This isn't an
age where people can just roll with it. This is a major life crisis for
them.
In 2018, the Continuum of Care served 1,578 people who
needed housing. In 2022, that number is expected to be about 3,000.
So this number is going up. This isn't just a few people, and this, of
course, is only a small fraction of the people that are out there that are
in trouble because their rents have gone up. Not everybody comes to
the Continuum of Care. They get help when they come, but we don't
speak to all the people who are in need. This is a huge problem for
seniors in the county. It's not going to get better unless they have a
little more time to try to sort it out. That's not necessarily going to
solve their problem, but it is one major thing that they need is time.
Thanks.
MR. MILLER: Your next speaker is Nancy Lewis. She'll be
followed online by Elizabeth Radi.
MS. LEWIS: Good afternoon, again, Commissioner -- or
Chairman McDaniel and Commissioners.
I just want to make two comments to this discussion. In
25-plus years in real estate, I have never heard of 60-day notice on a
month to month. No commitment. No protection. It's 30 days,
basically, on either party. If they want protection, they need to go
for a six-plus-month lease, which would be considered an annual, and
then you're automatically given 60 days' notice within that, or they
even spell out terms for holdover.
With regard to code enforcement, that's just totally impractical.
Code enforcement is understaffed as it is right now. It's struggling
trying to deal with the parking, the noise, the beach -- people having
issues with beach access. Vacation rentals is a huge thing. There's
just not enough code enforcement staff to go around. It would
require CARES Act funding to enforce.
April 26, 2022
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CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your final speaker on this item is online,
Elizabeth Radi.
Elizabeth -- oh, you've unmuted yourself. You have three
minutes.
MS. RADI: Hi. I'm just kind of -- I was prepared to say
something completely different, and then I started hearing everything
and the discouraging talk that I'm hearing.
We have ignored this problem for so long, and now we have a
chance to maybe do one thing that can help the individuals in this
county through this rental crisis, and we're playing around with
logistics and kind of scooting it by as if we just -- maybe this isn't a
good idea. And that's just not right.
We've people that are homeless because they're not being given
the amount of time that they need. Yes, there is a very big problem
with trying to find housing. There's also a problem with trying to get
funds for these housing in an appropriate time.
Not only that, but let me touch base on the application
fees -- that many are putting in 10 to 20 applications, spending up
every bit of money they have just for these applications, and there's
20 other people on these applications, and being denied for no reason.
It's becoming a scam.
We have the ability to do something for the constituents in our
county right now. We have the ability to help our seniors, our
veterans, and those that are hurting from this rental crisis. And you
can choose to get on board and do the right thing for them or step
aside and let somebody else do it.
Thank you.
MR. MILLER: That is our final public speaker.
CHAIRMAN McDANIEL: There you go.
Jacob, will you pull up the slide that references the Statute 83,
April 26, 2022
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please. And leave that sit up there for me, if you would.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, that was the first thing
I was going to say. So this is -- I want to just make sure before we
pat ourselves on the back and pass something that it actually is going
to do what we think it's going to do, because it's great, and that's great
what the last caller said and everybody who has spoken. But, you
know, sometimes we walk out of here and we pass things, and is it
has little to no impact. And in this important housing time, you
know, we want to make sure we're voting on something here that is
actually not only going to be enforceable but does what we need it to
do.
So, Jake, I'd just ask you if you'd come back to the podium. So
this is currently the guideline or the law how much notice you have to
give, these four --
MR. KLATZKOW: That is for a tenancy without a specific
term. I have never seen a tenancy without a specific term. This is
the legislature's fallback position when there is a document out there
that's unusual. So the legislature's creating this for --
COMMISSIONER SOLIS: Or if you're just going month to
month because your written lease expired.
MR. KLATZKOW: If there's a handshake deal, yeah.
COMMISSIONER SOLIS: Yeah.
MR. KLATZKOW: But most people get into a lease. And I
would imagine that's probably 95, 98 percent of your people are in a
written lease with a professionally managed apartment complex.
CHAIRMAN McDANIEL: Right.
MR. KLATZKOW: So this does not apply to that. This is in
the rare condition when you have a tenancy without a specific term.
COMMISSIONER LoCASTRO: Yeah. I mean -- and that's
why I want to say that if we pass this right now, a lot of the examples
April 26, 2022
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that everyone gave, people being homeless, people being kicked out
in the street, this isn't going to prevent a lot of that.
If I'm in a one-year lease right now, 60 days before that lease
expires I would expect, which like you said, the normal type of lease
out there -- yeah, there's people in very unique circumstances. And
trust me, I'm a member of the Affordable Housing Advisory
Committee, so we have talked about this, you know, quite a bit. But
I also want to make sure I just don't say yes, I'm for affordable
housing, and I want to pass this, and then we're all going to walk out
of here and think that all of a sudden we saved a bunch of people, and
we haven't.
The reality is, if I'm in a one-year lease right now and I know
this is a housing crisis -- 60 days before my lease expires, whether it's
the landlord or it's the tenant who finds out that in 60 days the rent is
going to be increased, the current -- the current Florida law allows for
a -- requires a 60-day notice already. I just -- I'm looking at what's
already required and trying to figure out if what we're proposing to
possibly pass today actually does as much as we're sort of thinking it
does, because there's already, you know, a 60-day notice in here for
year -- for a one-year lease. By quarter it's 30-day notice. So if we
pass this today, that would change to 60, correct, Jake? Right? So
No. 2 would change from 30 days' notice to 60 in Collier County,
correct?
MR. LaROW: County Attorney, I believe this is about
termination as opposed to rent.
MR. KLATZKOW: What we are -- what we are trying to do
here would be applicable to most of your leases. Most of your leases
are going to be year to year. That's how the market functions, all
right. And what we're saying to the landlord is, if you're going to
raise your rent more than 5 percent, have the decency to give people
60 days' notice. It will do nothing to solve your affordable housing
April 26, 2022
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problem, all right, but it might give people the opportunity to either
look elsewhere or to get funding somehow. That's all this does. If
you're going to increase your rent more than 5 percent, give y our
tenant 60 days' notice.
COMMISSIONER LoCASTRO: But then how would we do
that for, you know, concerning Commissioner Solis' point of if
somebody's in a month-by-month, and 60-day notice; does that even
make sense?
MR. KLATZKOW: No, it doesn't. And we could --
COMMISSIONER LoCASTRO: I don't have -- I don't want to
approve anything that doesn't make sense.
MR. KLATZKOW: It doesn't. And we can add a provision
that if you're month to month, I don't know what you do. I mean, 15
days' notice? I mean, if you're month to month, it's because you
don't really want a long-term relationship anyway. So we could
make this applicable only to leases that are at a minimum year to
year, and you get leases that are 15 months, 16 months, what have
you. But your typical standard lease is a year.
COMMISSIONER LoCASTRO: And to your point, Jake, I
understand, like you said, this is for termination. But I'm trying to
also figure out if we're adding verbiage into something that
either -- and I'm not saying -- I'm trying to figure out if it warrants it,
if it's going to actually do something, if it's enforceable.
I know a lot of folks are in the audience and are saying they're
all for this, and we have to do something, we have to do something.
I just want to make sure it's this and that this actually does do
something.
I mean, I'm curious what my colleagues think, because -- this is
the most important slide out of all your slides. All the other things
are important, but this is what we're up against now.
And so I think there's some folks out there that don't even know
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that this is a possibility or that this is currently enacted. I get emails
from people that say, oh, my God, you're not going to believe what
my landlord just did. And then when you drill down, you find out,
well, their lease was about to expire, their one-year lease, and then
they raised the rent. So, I mean, the reason you want a longer lease
is so that your landlord doesn't have that sort of luxury to all of a
sudden just pop a rent increase on you.
CHAIRMAN McDANIEL: So --
COMMISSIONER LoCASTRO: Go ahead.
CHAIRMAN McDANIEL: Commissioner Solis and then
Commissioner Saunders and then myself.
COMMISSIONER SOLIS: You know, I don't think anyone
doesn't agree that it's a crisis. We need to do something. The
question is, what can we do?
I don't know that -- and I agree that if there's going to be a major
increase in a rent, that, you know, the least the landlords could do,
probably morally the right thing to do, is to give somebody a 60 days'
notice. And, you know, adopting an ordinance that says this is
something that the landlord should do is fine, and I would support
that as long as it's clear that that's all it does. I mean, I think for us to
take a position that this is somehow going to prevent a landlord from
changing -- not increasing it more than 5 percent because they can.
The legislature would have to take care of that.
Two, that it's not somehow changing the terms of their lease,
because we can't do that either. I mean, there's all sorts of
constitutional problems with that. We can't legislate changes in
contracts that exist.
And, three, that it can't -- I mean, I don't see how it can be a
defense to an eviction. If a landlord is complying with the
Landlord/Tenant Act, we can't change that with an ordinance.
So as long as that's clear and we're not going to mislead
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anybody, I mean, I agree, I think landlords, it's the least they could do
in the situation that we're in. Just -- I mean, I think it's -- I don't
know that it does anything other than send a message to the landlords
please do this. And I think we should ask that. But I don't want
people to think that this is somehow going to -- and
Mr. Trachtenberg's, you know, statements, that this levels the playing
field in any way whatsoever, because I don't think it does and I don't
know that we can, because in a lot of ways we've been preempted
from this by the legislature, and the statutes say what they say, and
we can't change them.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm going to support doing
this. I had just made the assumption that maybe Dade County had a
little bit more elaborate program, but obviously they don't.
But there have been a couple of comments by commissioners.
One was something to the effect we have to do something, but is it
this. I would suggest that this probably isn't the end of the story. I
think we're going to be going through an evolutionary process here.
I would suggest we pass this ordinance or direct staff to advertise the
ordinance and bring it back. That's one step.
Now, there may not be any other steps, but I would expect or
would ask staff to keep an eye on this issue and report back to us
periodically on what other communities may be doing. I don't know
if there's a tenant association or some organization that represents
tenants' rights. I suspect that there probably is. And maybe this is
an evolving process. But we do this today, direct staff to advertise
this today but also ask staff to keep an eye on this particular issue to
see where else we might be able to help tenants that are having
problems with -- whether it be rent increases or eviction or whatever
it is.
And if there -- and maybe -- there may be some legislative
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changes that we can make, but I think we should go forward with
this, have staff continue to evaluate this issue, and come back with
periodic reports on what other communities are doing.
CHAIRMAN McDANIEL: Commissioner or -- Jacob or
Kristi, one. You mentioned earlier or somebody -- because, again,
I'm not in support of going forward with this, Commissioner
Saunders, just so you know. I mean, we've already got a statute.
I'm not interested in adopting an ordinance that isn't enforceable
or creating more bureaucracy or burden. What I do want to hear
about is how much money is appropriated in the TBRA, and how do
people that do need the, relatively speaking, one-offs, the small
percentage of people that need assistance, those people of age. That
was very adept comment that you made there with regard to folks that
are on fixed income. How do folks get assistance? How much
money do we have appropriated, and how do they get it?
MS. SONNTAG: Good afternoon, Commissioners. Kristi
Sonntag, Community and Human Services director.
The emergency rental assistance that was appropriated under
President Trump, the county was allocated $11 million, and the
emergency rental assistance under President Biden, the county
received $9 million. That first tranche of funding that we received
expires in September of this year. The second tranche of funding
under President Biden expires in September of 2025.
In addition, Commissioners, you approved the American
Recovery Plan where you allocated $7.5 million to allow for rental
assistance. So if someone would exhaust the ERA program, which
is an 18-month window, they could then roll over into the America n
Recovery Program.
In addition, that American Recovery Program that you have
available does help mortgagees. So those who have mortgages,
that's the only program that's out there that helps those who are facing
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foreclosure on their mortgages.
So if you are a senior and you are impacted, you can apply under
ERA2 if you're experiencing housing instability, or you could
consider applying under the American Recovery Program.
CHAIRMAN McDANIEL: So plus/minus I heard 28 million --
MS. SONNTAG: You are correct.
CHAIRMAN McDANIEL: -- 27,500,000 in that synopsis,
number one. One thing you didn't answer is if I do need help, how
do I get it?
MS. SONNTAG: Okay. If you're --
CHAIRMAN McDANIEL: I know the answer to that by the
way. I just want you to say it.
MS. SONNTAG: If you're interested in one of the
county-funded programs, you can apply through -- if you go to the
county's web page, there's a link on the main page of the county's
page, or you can go to CollierCountyHousing.com, and you can make
applications through there.
In addition, we've recently partnered on an eviction diversion
program with Legal Aid. So we have an eviction diversion team that
is individuals from Housing Education Lending Program, also known
as HELP. So they are housing navigators. They partner individuals
facing eviction with a Legal Aid attorney. We funded that through
the American Recovery Program to help mitigate evictions through
stipulation agreements through the courts.
In addition, the Tenant-Based Rental Assistance Program you
asked about, that is another program that the county receives funding
through Housing Urban Development on an annual cycle, and that
program was currently administered by NAMI, the Collier County
Hunger and Homeless Coalition, and --
CHAIRMAN McDANIEL: Wasn't it administered by the -- oh,
I'm sorry.
April 26, 2022
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MS. SONNTAG: -- and also the Collier County Housing
Authority. So those three agencies also administer the tenant-based
rental assistance, and we currently have appropriated over $500,000
in that program. But that program is for those individuals at a little
lower level income.
CHAIRMAN McDANIEL: Okay. So having said all that,
my --
COMMISSIONER LoCASTRO: No, go ahead.
CHAIRMAN McDANIEL: My personal opinion is rather than
adopting an ordinance, I would rather see us continue this item,
watch what happens with some of the enforcement issues from some
of these other communities that have adopted these things, and direct
people that -- through the AHAC, through our community outreach to
get assistance, folks that, in fact, need it rather than adopt an
ordinance that I can't see how -- I can wrap around how we're going
to be able to enforce it.
So, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Kristi, out of those two
chunks of money we got from the two different administrations, do
you know how much we spent, how much is left?
MS. SONNTAG: Yes. We have spent in Emergency Rental
Assistance 1, the one that's under President Trump, we have spent
almost $5 million. And --
COMMISSIONER LoCASTRO: We got 11.
MS. SONNTAG: Correct.
COMMISSIONER LoCASTRO: Okay.
MS. SONNTAG: Now, out of the ERA2, we have only spent
roughly 600,000 of the 9 million, because most people enter under
ERA1, exhaust, and then roll to ERA2. And, again, that has the
spending window through 2025.
COMMISSIONER LoCASTRO: And so I think the takeaway
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here -- and we talked about this at our housing advisory
committee -- a lot of people that do need help, there's -- and I'm not
saying that, you know, every single person qualifies, but we've
had -- we actually have more money left in these funds than has been
asked for or utilized. So it's important that people know out there.
It's great to throw up your hands and say the county's not doing
anything. But, you know, like my grandmother used to say, God
helps those who help themselves. There's programs that are out
there, and there's money sitting in them.
I'm extremely supportive of Habitat for Humanity housing -- I
sit on the committee and whatnot -- but I'm not supportive of voting
for something that I think actually doesn't do what we want it to do,
isn't as strong as it could be, and voting on it just for the sake of
doing it and then kicking the can and then seeing what happens.
So I actually agree with the position of having you get -- you
know, Jake, I respect and appreciate that you've said you've called out
to a bunch of folks, but -- and they've all pushed you in different
directions. Let's get a little bit more direction before Collier County,
I think, just sort of pulls the trigger on something that is a little bit
more hollow or not as enforceable or not as helpful as it could be.
Because, I mean, I sit here and say, if I vote on this, we never
really explained how it affects people that are renting month by
month, so it's 15-day notice for termination. But on the
month-to-month part, as we talked about here -- so now if they want
to raise my rent and I'm renting month by month, they have to give
me 60 days' notice. And so, basically, I keep the same r ent for two
more months and then, you know, I go back and forth with my
landlord.
I mean, I just don't think this has the verbiage that is actually
going to do what we want it to do. And I'm not going to spend a
vote on something just to feel good about it. I really want it to do
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something.
So if you have to come back here in two weeks at our next
commissioner meeting and wind up talking with all of us separately
or talking, you know, to our housing advisory committee or other
counties, I want to pass something in Collier County that's actually
going to do something. I look at what those other counties did, and I
think maybe that was a great day for them, but I actually don't think
that much of what they passed is going to have a major effect or is
enforceable.
And I don't want to make that same mistake here in Collier
County. I want to make sure that we're all sitting up here going,
wow, we just actually did something major and helped a big chunk of
people by passing something that we're proud of. And I think this is
a little bit muddled and not fully thought out.
And so I would -- you know, I'd make the motion to say I'd like
to see you guys come back in two weeks and either say we need more
time or, wow, the last 14 days we really have learned a lot and also
maybe have conversed a little bit more with us to get some other
perspectives.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. The last thing I would say
is -- well, number one, a quick question, of the 11 million on the first
tranche of money --
MS. SONNTAG: Yes.
COMMISSIONER SOLIS: -- we spent how much? It was 6.
MS. SONNTAG: About 5 million.
COMMISSIONER SOLIS: About 5 million. And you said
that it expires when?
MS. SONNTAG: September of 2022. So we're coming up on
that.
COMMISSIONER SOLIS: We're coming up on that. And
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what does it mean when it expires? It means we send whatever's left
back to the federal government?
MS. SONNTAG: Yes, that's exactly what it means.
COMMISSIONER SOLIS: Okay. And when did the second
tranche expire?
CHAIRMAN McDANIEL: Twenty-five.
MS. SONNTAG: September of 2025.
COMMISSIONER SOLIS: 2025.
MS. SONNTAG: So anyone who's in there in ERA1 who
hasn't maxed out at 18 months, we'll go ahead and automatically
move them over.
CHAIRMAN McDANIEL: And if I may ask a question -- and
this has to do with our County Manager. I know in the first
go-round of CARES Act funding, we took an aggressive stance as a
board and as a county, and those monies were expiring. Those
monies had a term on those CARES Act. And we brought those
monies in and actually took on the responsibility of the theoretical
clawback that could come from the federal government if the money
wasn't expended.
So I'm not saying -- that's something that we could give
direction to staff to look into just to make sure that we don't have to
send back $5 million of unclaimed money just because there's
another $11 million tranche sitting out there. I think as times go on
we're going to have an elevation of people's knowledge and capacity
to be able to request assistance so that we don't have people that are
put in a bad circumstance. So we may be able to have a look at
bringing that money in-house and assuming that potential clawback.
MR. ISACKSON: Did you want me to say something, sir?
CHAIRMAN McDANIEL: Yes. Unless Commissioner Solis
didn't like my idea.
MR. ISACKSON: We're always looking at the grant
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requirements, specifically the American Rescue Plan grant
requirements, to see what leverage we might have to free up some
flexibility. We did that with quite a significant amount of money
where we began paying salaries of our EMS folks and our police
officers, our Sheriff's Officers. That money came back to us in an
indirect way, and now we're able to use some of those funds for other
purposes.
So those types of arrangements we're always looking to see what
flexibility we have. That's what I would say.
CHAIRMAN McDANIEL: So we can have that look, okay.
Commissioner Saunders is next. I interrupted you on that,
because I had that thought, so...
COMMISSIONER SOLIS: Yeah. The other thing I was
going to say is -- and I think everybody got a copy of the email from
the Apartment Rental Association --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: -- talking about exemptions and
things. And, you know, I haven't really had a chance to look at any
of that. But I know Commissioner Saunders wants to move forward
with this, and I'd like to do what we can. I just don't know what this
actually does.
I mean, would it make sense to look at these preemptions and
see if -- I mean, can this be improved in some way in a couple weeks
and we come back and we see it again, or is -- or does staff feel like
this is -- since this is unchartered water, this is as good as it's going to
get?
And, lastly, should we put something in here that says that this
is, you know, effective for leases moving forward as opposed to
backwards? I just -- I just don't know what -- again, what we're
accomplishing. I want to do something. I just don't know if -- what
we're -- what this does, and --
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CHAIRMAN McDANIEL: Let's hear from Commissioner
Saunders. He's next.
COMMISSIONER SOLIS: Yeah, I'd like to hear that.
COMMISSIONER SAUNDERS: Well, first of all, this is a
request to direct staff to move forward with advertising an ordinance,
so we're not approving anything today; is that correct, Mr. Klatzkow?
MR. KLATZKOW: (Nods head.)
COMMISSIONER SAUNDERS: What I'd like to see us do is
direct staff to advertise this ordinance.
I used to work for the Dade County Attorney's Office in Dade
County. That's a heck of a good office. They used to generate a lot
of good stuff, at least when I was there. I'm assuming that they still
do.
And I think -- I think that probably 90 percent -- I'm just making
up a number -- but 90 percent plus of landlords are going to comply
with this ordinance because it's the right thing to do, even if we do
have some enforcement issues. It sends a message, and I think it
sends the right message that we want to at least be fair to tenants.
The vast majority of landlords are going to comply with this even if it
turns out enforcement is difficult.
So I would like -- a couple things. I'd like for us to move
forward with this, direct staff to advertise the ordinance, then come
back, do a little bit more research between now and the time it comes
back to make sure that this is really where we can go with this
particular issue. And I'd also like staff to answer the question,
you've got $6 million that expires in September. We're obviously
not going to spend that if we've only spent 5 million in the last almost
two years. Can those funds be redirected? I'd like to have you
report back. I don't want to send money back to the federal
government, you know. There are plenty of needs in this
community. And so let's see if we can find a way to use those funds
April 26, 2022
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for something else. But do it quickly, because September is going to
be here so fast that we'll lose that.
And then in addition, I'd like for staff to continue to evaluate this
issue of protecting tenants, just to follow it and see what other
communities are doing.
So those are three different issues. I'm prepared to make a
motion if that would be appropriate.
CHAIRMAN McDANIEL: Commissioner LoCastro's got one
more comment, and then you can make your motion, or you can do it
now and I'll call --
COMMISSIONER SAUNDERS: Well, let me go ahead and
make a motion to move forward with the ordinance.
COMMISSIONER TAYLOR: I'll second that.
COMMISSIONER SAUNDERS: That really is the issue.
And then to have staff continue to watch this issue to see what other
issues we may be able to add to this to make it a much better program
for tenants.
CHAIRMAN McDANIEL: It's been moved and seconded.
Now we're going to move into comment.
Commissioner LoCastro, you were lit up, and now I'm calling
on you.
COMMISSIONER LoCASTRO: Yeah, Kristi, I'll piggyback
on that 6 million that's left and ask you, do you have an assessment as
to have most people been declined? Has 11 million worth of
requests come in and only 5 million got approved, or we actually
have approved 90 percent of what's come in and we just haven't had
the requests? I mean -- and I'm not holding you to exact figures, but
give us a sense for why there's still 6 million left.
MS. SONNTAG: Well, to answer your question, this pot of
money is only available to those persons at 80 percent and below the
area median income. So with the recent changes, I am hopeful that
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because the income limit has now risen, that we may, in fact, be able
to enroll a few more people into the program, because there are
people who, of course, did not qualify because it was an
income-restricted.
The other reason that -- what we have seen is we're processing
upwards of 400 payments per month with the help of the Clerk's
Office to pay rent for folks. The number of applicants that get
submitted per day is probably two to five. We have a lot of people
who start an application, don't finish. But our staff do reach out on a
regular basis and say, hey, we noticed you didn't finish your
application. Is there something we can do to help you?
You will be seeing an agreement, I believe, on the May 10th
agenda. We're partnering with NAMI. They have some housing
staff who have been able to secure a lot of arrangements with
landlords here in town, and we've provided them with ERA money,
actually a million dollars, to assist us in moving the money out into
the community and helping folks who need it. So they're an
additional resource to us. We just have a limited number of, you
know, staff to be able to move it. And they're out with their boots on
the ground, so that's a benefit to us, so...
COMMISSIONER LoCASTRO: So here's what I would say.
So the news media's here and wants to see if we're going to approve
this 60-day notice, you know, proposal which to me isn't the real
story. The real story is we have $6 million that we're about to send
back to the government because we haven't had enough people apply
for it or people finish their applications. And so I would like to see a
really aggressive push when it comes to, you know, education,
advertisement.
I mean, if we need to put -- take out full-page ads in the
newspaper, because I can tell you I'm going to be flabbergasted if
we're able to re-purpose that money.
April 26, 2022
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But here's a second -- and so I -- to Commissioner Saunders'
point, definitely, I concur with that, see if -- before we send any
money back to the government. But I think what might be more
possible is a request from us to say, we're the number-one county in
the United States, right, Joe, that has rental issues and raises? -- is it
possible for us to get an extension beyond September 2022 as the
number-one county that has this, you know, gigantic problem, that
other counties all, you know, dwarf us. And I think that might be
more realistic.
And, you know, lastly I'll just say, I'm not in favor of this as it
stands here. I'd like to see us do more homework and come back in
two weeks. I don't think the verbiage is right, and I think floating it
out there to see what happens, I just don't think that's as responsible
of a move as what we can make. I think nobody here isn't for what
we're trying to do. I just don't think this does it.
And I'd love to see counties use us as an example and, say, wow,
Collier County actually passed something that's enforceable, that
actually made sense, that the verbiage for the month by month and
the mom and pops and all that actually did something. And I don't
think this does it.
So I think we actually could do a lot in two weeks to release
something that becomes maybe a national standard where people are
saying, lots of counties pass something, but Collier actually got
something done. And I think we can do a lot in 14 days to bring
something before this committee that we'd be proud to pass. In my
opinion, this isn't it, because this isn't as good as it could be. I'm not
saying there's not goodness in here.
But, you know, lastly, just to the media, pick up that we have
$6 million, and when people fill out an application halfway -- you
and I had this conversation, so it's redundant here. But the extra
pieces, the reason why people get halfway through the application
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and then stop is because we require them to give us documents and
more detail, and so they get online, and they have nothing in front of
them. They think they're going to type in their name and address,
and then we're going to pay their rent for the next five years, and
that's not realistic.
And so we need to educate the public that, get all your stuff
together. There's money to be had. We're paying rent for hundreds
of people. Maybe it should be thousands. That's the story here.
And while we're getting that story out, let's make this a national
model when we -- and actually approve something that's going to do
something.
CHAIRMAN McDANIEL: Got it.
Commissioner Taylor.
COMMISSIONER TAYLOR: So I know you said you reached
out to NAMI, which is great. So what about -- how -- what's your
partnership right now with Salvation Army? Do you still have that
close partnership with them?
MS. SONNTAG: Yes, ma'am, we do. We have weekly
eviction diversion --
COMMISSIONER TAYLOR: Okay. Good.
MS. SONNTAG: -- calls and teams. That includes Judge
Martin and the Salvation Army. They have partnered with the
Collier County Hunger and Homeless Coalition, and they're
administering the funds that they received for rental assistance
through the State of Florida. So they, unfortunately, don't ha ve the
staff capacity to assist us with our ERA; however, they are partners in
the community. They're partners in our eviction diversion, and
they've been exceptional in trying to get the word out about our
funding as well.
COMMISSIONER TAYLOR: Legal Aid?
MS. SONNTAG: Legal Aid has been an amazing partner. We
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do contract with them under the American Recovery to provide legal
services to all of those who are facing eviction.
COMMISSIONER TAYLOR: And I know you don't have the
manpower, but I would encourage you to reach out to the major
churches. The First Baptist is one huge resource. Also up in
Immokalee, the -- I guess the soup kitchen that -- the Catholic church
up there. They're in the center of what's going on in Immokalee;
they might be very helpful because they already have identified folks.
MS. SONNTAG: Absolutely.
CHAIRMAN McDANIEL: Yeah. We're already knee deep in
Immokalee with these things, just so you know. I mean, we --
COMMISSIONER TAYLOR: Oh, I'm sure you are, but --
CHAIRMAN McDANIEL: Through the agency program and
the CRA and MSTU over there in Immokalee, we're -- and
assistance. Thank you for mentioning the Salvation Army, because
they've been enormously assistful in helping people through this
process.
Commissioner Solis.
COMMISSIONER SOLIS: I'm going to -- I'm going to support
it because I think Commissioner Saunders makes a good point and
that is, this has to come back to us anyway, and there's probably some
improvement or maybe some developments so that we can improve
this. But if we don't move this forward, then we'd have to bring it
back again, and we'd lose another two weeks. And I think it's an
emergency. We need to do something as fast as we can. So
keeping this moving, I think, is the right thing to do.
But I'm curious, how long does this process take to apply for
rental assistance and then get -- you know, get qualified and all that;
how long does that take? And is there anything that you think we
can do, even if it's dedicating more resources, to shorten that time?
Because the issue we're dealing with is how much notice people get
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that their rent's going to go up. And I think, again, Mr. Trachtenberg
brought up an issue that sometimes if they're only getting a month,
well, maybe that's not enough time to apply for the money that's out
there. Is that an issue?
MS. SONNTAG: The short answer is it depends on the
applicant.
COMMISSIONER SOLIS: Yeah.
MS. SONNTAG: And, unfortunately, applicants sometimes
come to us at the last minute --
COMMISSIONER SOLIS: Right.
MS. SONNTAG: -- you know, and then other times applicants
don't complete the process. We send them, you know, tasks in the
system that say, please, you know, provide us a lease. We don't
have a rent ledger. You know, there's a variety of document s that
are needed to make payment. And, unfortunately, sometimes they're
just hard to get.
But, you know, in answer to your question, resources. You
know, there's not a lot of resources, you know, so that's why we've
chosen to partner with some other agencies and whatnot, so...
But I would say if you had a perfectly clean application, you
could get through in 30 days at the maximum, and that's all the way
through up to the Clerk and a check cut. So, you know --
COMMISSIONER SOLIS: Okay.
MS. SONNTAG: -- there's obviously, you know, the audit
process.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: All right. I can count noses. My
question is is if we vote to move this forward and though it's
being -- it's being -- we're just voting -- as you said, we're just voting
to move it forward, it's moving forward and then adjusted when it
comes back for final, is that going to trip over another process of
April 26, 2022
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notice for adopting the ordinance?
MR. KLATZKOW: No. We'll advertise the notice as it
appeared in your executive summary, and if you want to make
changes at your next meeting, that would be fine.
CHAIRMAN McDANIEL: On the adoption hearing? At the
adoption hearing, we could --
MR. KLATZKOW: We will be advertising it for adoption. If
you want to make changes to the ordinance on the floor, that's your
prerogative.
COMMISSIONER LoCASTRO: It could also come back two
weeks and -- we can move this forward without it passing today, I
mean, so that's -- saying we have to approve it so we can move it
forward, we can move it forward by tasking the staff and having them
come back.
COMMISSIONER SOLIS: But it has to be advertised.
COMMISSIONER LoCASTRO: Oh, I think this is advertised,
trust me. I think -- I'm getting plenty of emails from people that
know we're talking about it.
COMMISSIONER SAUNDERS: We're not adopting any kind
of an ordinance. We're directing staff to come back with an
ordinance at the next meeting to advertise it. This is -- and if you
want to make the changes to it, we have plenty of time to do that.
COMMISSIONER LoCASTRO: I understand.
COMMISSIONER SAUNDERS: We're not adopting anything
today. We're just directing staff to advertise an ordinance to come
back.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we direct staff to advertise and bring back the
ordinance in two weeks. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
April 26, 2022
Page 160
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
3-2, it passes.
MR. ISACKSON: Commissioners, I'm looking at Terri. We
only have got one item left. That's 15 on your agenda.
CHAIRMAN McDANIEL: How's Terri?
THE COURT REPORTER: I'm okay.
CHAIRMAN McDANIEL: As long as I don't talk too long.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. ISACKSON: Commissioners, Item 15, staff and
commission general communications. I have one item, just a
reminder, again, your May 3rd CRA workshop. Toward the end of
the week you'll be getting your read-ahead materials, so...
CHAIRMAN McDANIEL: County Attorney?
MR. KLATZKOW: Nothing, sir, thank you.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I do and, unfortunately, this might
take a little time. As everybody knows, I sent out a one-way
communication just giving an update on the issue related to Bonita
Springs applying to the Water Management District for a permit to
divert water down the Logan Canal into Collier County.
And I want -- I've asked Trinity to come and give us an update.
I mean, what's -- and I'll just summarize it as this, and she can clarify
everything I'm going to make hash out of right now. But,
April 26, 2022
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essentially, they are applying for an emergency permit to put some
permanent pumps in, which is not -- it's unusual, to say the least.
There was a -- we had a Zoom meeting recently, and our
consultant asked, when has this ever been done this way before?
And as I recall, the response was, well, it's never been done this way
before.
The good news is, that it does start at this point that
water -- there's going to be some parameters for how -- when the
Cocohatchee Canal and the Coco 1 weir and all that is working -- you
know, that it has capacity. So there's this range of capacity in which
the pumps could only be turned on.
At least that's an improvement from where we were before,
but -- and I'll let Trinity go through it. I mean, the questions of,
well, who's going to be throwing the switch? What are the
conditions under which the switch is going to be thrown? What
notice are we going to get? And the biggest one is, what's the
penalty if the switch isn't turned off and it's still raining and the
canal's not within the -- you know, parameters.
So I'll let Trinity update us, because I think we need to take a
position on this.
MS. SCOTT: Thank you, sir.
I just wanted to show a quick location map. The red line is
roughly the Lee/Collier line. Logan Boulevard is in this area.
Stone Creek, Riverstone, Olde Cypress, Esplanade, these are the
developments that are in the immediate area where the pumping
would occur.
This is a conversation that's been, I think, tossed around for a
couple decades now. It goes all the way -- I could find it back to
2003. It may even be prior to that. But the Lee County Watershed
Plan update in 2011 indicated it had 11 recommendations to decrease
flooding in the south Lee County area, and they were listed in
April 26, 2022
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decreasing priority.
And No. 11 was to restore flood flow from the Kiel Canal
watershed to wetlands south of Bonita Beach Road for ultimate
conveyance to the Cocohatchee Canal.
It also stated in there that additional modeling and evaluation is
needed to assure that the wetlands south of Bonita Beach Road, east
of I-75, and the Cocohatchee can safely receive these flows. So that
was No. 11 of 11 recommendations in a decreasing priority.
In 2018 the City of Bonita Springs proposed the Logan diversion
canal which was a pump that would move 200 cubic feet per second
of water. Through a lot of coordination, the Collier Board of County
Commissioners on July 10th, 2018, approved Resolution 2018-132
opposing the functional diversion of stormwater from Bonita Springs
until a review of all the proposals could be done and it could undergo
full vetting, including modeling engineering, as well as full public
outreach.
Commissioner Solis and county officials continued having
coordination efforts with the City of Bonita Springs after that, and
kind of the project -- I'm going to nicely say, it kind of died on the
vine, I think. Bonita Springs realized that there were other
opportunities that they could look at, and so nothing really proceeded
forward with the project.
So why are we here today, and why is Commissioner Solis
bringing this up? Again, in early 2022, we were alerted that the City
of Bonita Springs had held a pre-application meeting for a Section
404 permit, and on February 4th, 2022, the Water Management
District and the City of Bonita Springs entered into a cooperative
agreement formalizing their intent to work together on regional
solutions for flooding.
One of those items within that cooperative agreement is the
Water Management District must collaborate on the development of
April 26, 2022
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operational guidelines for the timing of emergency conveyance and
use of emergency pump by the City of Bonita Springs, and that the
Water Management District must draft an emergency operational
schedule within 90 days of the effective date of that agreement. So
the Water Management District must deliver this emergency
operations schedule to Bonita within 90 days, which is May 4th.
So I want to talk a little bit about the difference in permits.
If the City of Bonita Springs were to want to put in permanent
infrastructure, it would require an FDEP Section 404 permit, it may
require an environmental resource permit through the Water
Management District that allows for full public involvement, public
comment period, and it would require extensive documentation to
support the request.
There are other permits that are available during a declared state
of emergency. We -- pumping has occurred in Collier County in the
past during events. Typically, when we pump we're pumping from
one of our own stormwater systems into our own stormwater system,
so...
But how an emergency pumping permit comes into play is the
governor issues a state of emergency for a particular area, the Water
Management District issues an emergency final order that authorizes
pumping and other emergency measures to address impacts, and then
if someone wishes to offsite discharge, they're required to have field
authorization.
So the way it's been described to me -- and I personally have not
gone through this process, but this is directly from the Water
Management District staff -- is it's, like, a one-page application, if
you will, that's submitted in the time of an event, a hurricane, if you
will. And that permit is typically issued within one day to allow for
emergency pumping. So no public process, no public input at all
into that.
April 26, 2022
Page 164
So the Water Management District is drafting this operational
plan. We received the draft on April 18th, and my technical staff is
reviewing it. And on April 19th, we did have the opportunity with
Commissioner Solis to attend a Zoom meeting with the Water
Management District staff so they could walk through some of their
recommendations.
The operational plan for the emergency pumps would only be
applicable in the event of a declared state of emergency for Lee
County by the Water Management District. It is based on a
combined total capacity of 65 cubic feet per second. This was
determined based on the mobile pumps that the city currently has.
CHAIRMAN McDANIEL: How many gallons is that?
MS. SCOTT: I'd need some math to do that.
CHAIRMAN McDANIEL: Okay.
MS. SCOTT: Maybe one of my engineers in the room can do
that.
The criteria as set forth that's been presented to us, there's
multiple criteria at multiple structures along the corridor that would
require all of this criteria must be met in order to turn the pumps on,
and then the system must be back to normal range and receding
before they would be able to turn those pumps on, and then it would
continuously be monitored to be able to tell them to then turn the
pumps off.
There's also a communication protocol within that. What I will
tell you is Collier County was not included in that communication
protocol. We would not be notified when the pumps went on or
when they were required to be off. And the City of Bonita Springs
would operate the pumps by applying for that emergency pumping
permit.
So we had a lot of questions back and forth. It was a great
dialogue with the Water Management District, and they really tried
April 26, 2022
Page 165
their best to answer our questions. Not everything had an answer,
but we asked if there would be documentation that's required that all
of the parameters were met in order to be able to deploy the pumps.
What if the city buys bigger or more pumps and plans to discharge at
a faster rate? As Commissioner Solis noted, what are the penalties if
they don't turn the pumps off when they're told to do so? What are
the ramifications for pumping into the flowway, which was subject to
a settlement agreement and maybe private property? These were
questions that we had, because they would be pumping into the
Mirasol Flowway, which many of you commissioners were here. It
was litigated for years, so...
What about water quality? When is Collier County notified
that the pumps are going to be turned on? What's the impact to
Logan Boulevard? It's in a lot of water. What about the road base?
We don't know how they're actually going to get to the flowway,
because they're not showing us those details.
There were a lot of other technical questions. We also had a
question about when the pumping -- would the pumping operations
negate the flooding in the City of Bonita Springs, or would it only
decrease the duration?
We didn't get answers to all of those questions. So I go back to
our resolution from 2018, is that we're willing to be good partners
and work with the City of Bonita Springs on a solution, but this board
previously requested that all the proposals be vetted and that they
have full public outreach and the proper engineering and modeling
that goes along with them. And, unfortunately, what we have been
presented to date, that has not occurred.
There is a Big Cypress Basin Board meeting with Mr. Akeen
(phonetic) will be presenting his data to the Board. It's going to
happen in these chambers, Thursday this Thursday at 1:30.
So these are some of our staff conclusions based on having the
April 26, 2022
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information for just about a week now. We're suspect that if the City
of Bonita Springs conduct emergency pumping with an operational
plan, that the city would not move forward with the full public permit
process, so our constituents, our residents here would never have the
opportunity to provide any input.
We're concerned that if we don't agree with t he draft operational
plan for emergency pumping, that the Water Management District's
going to authorize it anyway without the safeguards of the
operational plan.
As I stated, we've been willing to work with them to determine
options that are in the best interest for everyone, but we have asked
that it be an open and transparent process with all stakeholders
included.
I'm recommending that we invite the City of Bonita Springs to a
BCC meeting in May to discuss their watershed improvement plan,
especially what they've completed of their 11 items, and what their
plans are for pumping so that they can clearly let us know that. And
also -- and, actually, Ms. Patterson has already coordinated with the
Water Management District on this last item.
With regard to inviting Mr. Akeen here to provide the
presentation to this board of County Commissioners, the last item we
have not coordinated on. But as I noted, the Water Management
District must deliver this operational plan by May 4th. It may be
appropriate for our board to ask them to please defer that until we can
get the proper presentation in front of our board.
CHAIRMAN McDANIEL: Yeah. We don't meet again until
the 10th.
MS. SCOTT: Correct.
CHAIRMAN McDANIEL: So now I see why you're here. I
was actually going to tell you to bring this forward so we could
actually do something, but now I see -- now, what --
April 26, 2022
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COMMISSIONER SOLIS: We're under the gun.
CHAIRMAN McDANIEL: Forgive me. I don't mean to
interrupt you. This is really interesting.
COMMISSIONER SOLIS: No, go ahead.
CHAIRMAN McDANIEL: Don't we have -- don't we have
some rights under the law with regard to objecting to the permit
application with the District to stay this off? I recall that in my
memory.
MR. KLATZKOW: We would be happy to take legal action if
directed by the Board, because what I think's going to happen is your
next big water event, usually a hurricane, those pumps are going to
get turned on, and they're not going to get turned off.
CHAIRMAN McDANIEL: They don't have any pumps yet, do
they?
MS. SCOTT: They do have mobile pumps --
CHAIRMAN McDANIEL: Okay.
MS. SCOTT: -- and they are -- and so from a permanent
infrastructure standpoint --
CHAIRMAN McDANIEL: Under the emergency plan, they
could enact this and do what they wish as they wish?
MS. SCOTT: Correct.
MR. KLATZKOW: But there's no downside to them if they
don't turn the pumps off.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER TAYLOR: Except there's no downside and
there's a lot of upside --
(Simultaneous crosstalk.)
MR. KLATZKOW: And when they're six feet under water,
their residents are screaming, they're not going to turn it off.
CHAIRMAN McDANIEL: Right. Gotcha. And even when
our residents are under water.
April 26, 2022
Page 168
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SOLIS: And I think also -- and correct me
if I'm wrong, but it seemed like if this was the normal process, we'd
have a lot clearer entry points into the system.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: But the way this is being done kind
of as an -- a pre-emergency permitting --
COMMISSIONER TAYLOR: Preparing for emergency.
COMMISSIONER SOLIS: -- so to speak, yeah, it's a little
grayer. And, you know, I think it would be appropriate for us to ask
for some time to have -- you know, this is a plan that's going to affect
Collier County, and yet we're really -- we're only involved because
we keep inserting ourselves. It's just backwards.
CHAIRMAN McDANIEL: Everybody lives downstream.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: This is a question for the
County Attorney and public disclosure. My law firm represents the
City of Bonita Springs. I have no financial interest in whatever
happens with any of this, but my law firm does -- if there is a fight
between Collier County and the City of Bonita Springs, my law firm
may very well be involved in that. I could certainly ask my partners
to abstain from any representation dealing with this issue. But this is
brand new to me.
So I guess I need some guidance from the County Attorney on
what I can and cannot do and what steps I should take in case the re is
some litigation which I, quite frankly, would -- I would support
taking every effort there is that we can to prevent flooding in Collier
County because of pumping of water from Bonita Springs. But I
need to get some clarity from the County Attorney on what --
MR. KLATZKOW: I think we'd have to sit down after this
April 26, 2022
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meeting and go through that, sir, yes.
COMMISSIONER SAUNDERS: All right.
CHAIRMAN McDANIEL: On the safe side, you don't nod
your head one way or the other when we give direction here.
COMMISSIONER SAUNDERS: Yeah, I'll abstain from
direction today --
CHAIRMAN McDANIEL: Yes, there you go.
COMMISSIONER SAUNDERS: -- assuming that it's direction
that I would like to see, which is let's move forward with keeping this
from happening.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I think that it's pretty clear our
path, because they've made pretty clear their path, and I think we
have to move clearly and eloquently and directly. So I think if we
decide we are going to litigate, I think we need to do that, and I
would support that.
CHAIRMAN McDANIEL: I would -- I would support going
forward on all fronts. I know you don't -- you know, as a -- in a war
you want to pick your points of entry, but I think -- I think legal
action should be initiated. I think cooperative action, as been
directed by our staff, should be initiated. I think communication is
nine-tenths of the law.
And, there again, we adopted this ordinance -- I remember when
we passed this ordinance back in '18. We want to help, certainly, if
we can. If we have the capacity to take the water and alleviate the
folks in Bonita from flooding, we want to certainly be able -- we
want to be able to do that but not negatively impact our own at the
same time, so...
COMMISSIONER TAYLOR: So can we make a motion to
that effect, or what would you suggest --
COMMISSIONER SOLIS: Well, I think --
April 26, 2022
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COMMISSIONER TAYLOR: -- Commissioner Solis?
COMMISSIONER SOLIS: What I would do is make a motion
that we have the Chairman write a letter asking the Water
Management District, number one, for more time for us to review this
so that we can publicly vet it as well and that, number two, we
reiterate our opposition to the permitting of this without our, you
know, involvement in it to the City of Bonita and, number three, that
our County Attorney get loaded up in the event that one and two don't
happen.
COMMISSIONER TAYLOR: Is that a motion?
COMMISSIONER SOLIS: Yes.
COMMISSIONER TAYLOR: I'll second it.
COMMISSIONER SAUNDERS: Could I ask a question of the
County Attorney? Do you have -- I know you've got limited staff,
and I know we keep you busy. Do you need the authorization to
begin to talk to some outside firms on something like this at this
point, or are you good?
MR. KLATZKOW: No, I don't need the authorization for that.
I may have to use it, but I don't need the authorization.
COMMISSIONER SAUNDERS: And then on this particular
motion, since we're not in conflict, I assume I could still vote on this,
and then --
MR. KLATZKOW: This is actually contrary to your best
interest, so yes.
CHAIRMAN McDANIEL: Do you want to vote on it?
So it's been moved and seconded that we do what Commissioner
Solis said.
COMMISSIONER SAUNDERS: I always want to vote on
what Commissioner Solis said.
CHAIRMAN McDANIEL: With regard -- yeah, that's scary.
That's just scary. And I'm not going to repeat what you said. It's a
April 26, 2022
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matter of record. And I think we all concur that it's a good idea for
us to go forward in that regard.
So it's been moved and seconded. 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.
And between then and now, I have a conceptual idea of cubic
feet, but I want gallons.
MS. SCOTT: I'll work on that for you.
COMMISSIONER SOLIS: Oh, I just got the conversion:
7.5 gallons in a cubic foot of water is what my phone said. It sounds
like a lot. There are 7.48 gallons of water in one cubic foot of water.
MS. SCOTT: Thank you, Google.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: One last thing, also, unrelated to
this is that I would like -- I'm wondering if staff couldn't look at an
issue that's -- it keeps -- now that we have this short-term rental
ordinance, there's permanent signage now popping up in front of
these short-term rental homes, especially in Naples Park. And, you
know, I don't know if these signs bec oming permanent -- is there
something in our Land Development Code that should change in
relation to this? Because they're permanent signs. They're not, you
know, temporary signs. And I think it's something we've got to
look -- we may need to look at. And I'm not asking for an answer
now, but maybe it's something that somebody can bring back at a
future meeting.
April 26, 2022
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CHAIRMAN McDANIEL: Maybe we -- just as an aside, I
think it's a good idea to have a look at that. I mean, we have -- we
have a lot of signs that end up popping up and become permanent
signs even though they were, theoretically, temporary. So maybe
just have an overall look at our ordinance there with regard to signs at
large.
I know in Eastern Collier County we have an enormous amount
of real estate signs that are out there that are way out of Hoyle for
what -- for what I know the code is, so...
Commissioner LoCastro.
COMMISSIONER LoCASTRO: So we have a rental
ordinance, or we're just advertising one?
CHAIRMAN McDANIEL: No, we have a rental -- a
short-term rental ordinance.
COMMISSIONER LoCASTRO: Okay, the previous one, yeah.
Not what we just talked about.
Okay. I have nothing, no.
CHAIRMAN McDANIEL: That's not right.
Commissioner Taylor.
COMMISSIONER TAYLOR: Nothing, thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I pass as well. Thank you.
CHAIRMAN McDANIEL: Well, I'm going to start with
one -- I've got three.
COMMISSIONER LoCASTRO: Oh, God.
CHAIRMAN McDANIEL: I'll go quickly, relatively speaking.
There was a letter sent to us three, an email sent to us three from
Cindy Darland in regard to First Tee and circumstances of the lease
with ClubCorp. I would like to make that availed to our colleagues.
They weren't copied on the email.
COMMISSIONER TAYLOR: Oh.
April 26, 2022
Page 173
CHAIRMAN McDANIEL: And I would like for you guys to
have a look at it. And then I would like some clarification from
Jennifer Belpedio. She responded to this rather abruptly, as lawyers
that are practicing lawyers, not recovering lawyers do, with regard
to --
MR. KLATZKOW: Well, she's a recovering lawyer these days.
CHAIRMAN McDANIEL: Oh, she is?
MR. KLATZKOW: Yeah, she's now with staff.
CHAIRMAN McDANIEL: Okay. So -- but anyway, she
replied rather abruptly, and I would think that a director of a Real
Estate Department would give a little more reason than say that a
99-year lease and a first right of refusal is a nonstarter. I know why
they're nonstarters, but there was no explanation to that.
So I would like to make -- and I don't ever want -- there's
enough issues going on with that golf course. I don't want anybody
to think that ClubCorp's not cooperating with First Tee and the
benefit that comes from having them there. So I'd like to make this
availed to our colleagues and then make sure that we're replying to
First Tee and cooperating with them in any manner that we possibly
can.
Number two, I think it's Thursday, Friday, Saturday, first
time -- thank you all again, but we're supporting the Collier County
Farm Bureau and the rodeo at the Collier County Fair. And so I'm
going to be traveling. I have the -- because Commissioner Solis
wouldn't take my spot in Orlando for the MPOC, I'm going to be
gone. But Collier County is having its first rodeo out there at the
fairgrounds, and I really want to invite everybody if you have an
opportunity to go, because I hear it's going to be a big time.
COMMISSIONER SAUNDERS: What are the dates?
CHAIRMAN McDANIEL: There's a warm-up party Thursday
night, but Friday and Saturday are predominantly --
April 26, 2022
Page 174
COMMISSIONER SAUNDERS: This week?
CHAIRMAN McDANIEL: This coming Friday and Saturday
out at the fairgrounds.
COMMISSIONER TAYLOR: And with all due respect, it's not
the first rodeo Collier County has, but it's certainly the first rodeo at
the fairgrounds.
CHAIRMAN McDANIEL: If the first rodeo -- you're correct.
You're right. We have had rodeos in Immokalee and other places
before, but this is the first one with the Collier County Farm Bureau,
and it's --
COMMISSIONER TAYLOR: Exciting.
CHAIRMAN McDANIEL: -- going to be at the fairgrounds.
We are excited, and we helped with the advertising and pushing it
forward in support of the Farm Bureau.
And third has to do with the Canvassing Board. And I am the
primary member of the Canvassing Board, and Commissioner
Saunders is the very worthy alternate. He and I -- neither one of us
have a life, so one of the things I'd like to suggest is that we nominate
Commissioner LoCastro as the second alternate to be able to fulfill a
space on the Canvassing Board in the event that both Commissioner
Saunders and I have to be gone. And it takes about a -- have you
done the test yet? No.
COMMISSIONER SAUNDERS: I don't remember, but I'm
sure I have.
CHAIRMAN McDANIEL: Well, I did it once, but I think we
have to do it again. It takes about an hour of your life online to do
the test to be qualified to sit on the Canvassing Board, and I -- if it
meets with the Board's approval, I'd like to suggest that
Commissioner LoCastro be the second alternate.
COMMISSIONER LoCASTRO: Sure. I'm a big fan of
canvas.
April 26, 2022
Page 175
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Then -- Commissioner
McDaniel and I discussed the schedule, and they have a bunch of
meetings in August that he's covering, and there are a bunch of
meetings in October and November that I'm covering, but there's one
meeting in November that neither one of us can cover. That's the
very last meeting. I think it's, like, November twenty --
CHAIRMAN McDANIEL: Twenty-third or something.
COMMISSIONER SAUNDERS: Something like that. So I'll
get that date to you, but that's one meeting that both of us have a
conflict on.
CHAIRMAN McDANIEL: And I'm going to do as many as I
can as the primary and so on and so forth. We worked on the
schedule, but there is -- there is an opportunity for us to -- both of us
to not be able to be there.
COMMISSIONER LoCASTRO: Before I can go to a meeting,
I have to do something online?
CHAIRMAN McDANIEL: You've got to pass a test.
COMMISSIONER LoCASTRO: You'll send me something?
CHAIRMAN McDANIEL: And Jennifer has to tell you that
you're okay and all that.
COMMISSIONER LoCASTRO: Sure.
CHAIRMAN McDANIEL: So those were my three things.
COMMISSIONER LoCASTRO: Make it so.
CHAIRMAN McDANIEL: And it is so.
With that, we are adjourned.
*******
**** Commissioner Saunders moved, seconded by commissioner
Solis and carried that the following items under the consent and
April 26, 2022
Page 176
summary agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE AND THE CONVEYANCE OF THE
POTABLE WATER AND SEWER UTILITY FACILITIES FOR
ISLES OF COLLIER PRESERVE PHASE 14A, PL20200002439
AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION
WAS CONDUCTED BY STAFF ON MARCH 8, 2022, AND
FOUND THESE FACILITIES SATISFACTORY AND
ACCEPTABLE
Item #16A2
AWARD INVITATION TO BID (“ITB”) NO. 21-7941, “RICH
KING MEMORIAL GREENWAY RADIO ROAD,” TO
HANNULA LANDSCAPING AND IRRIGATION, INC., IN THE
AMOUNT OF $67,591.61, FOR BEAUTIFICATION
ENHANCEMENTS AT THE ENTRANCE TO THE GREENWAY
ON THE SOUTH SIDE OF RADIO ROAD TO BE FUNDED BY
RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT (MSTU) FUND 158, AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT, AND
APPROVE ALL NECESSARY BUDGET AMENDMENTS
Item #16A3
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
April 26, 2022
Page 177
ACCRUED VALUE OF $35,288.80 FOR PAYMENT OF $688.80
IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS V. ALFREDO MIRALLES, SR.,
RELATING TO PROPERTY LOCATED AT 302 S 9TH ST,
COLLIER COUNTY, FLORIDA – FOR VIOLATIONS BROUGHT
INTO COMPLIANCE BY PREVIOUS OWNER ON APRIL 17,
2007
Item #16A4
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $1,188.80 FOR PAYMENT OF $688.80 IN
THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS V. ALFREDO MIRALLES, SR.,
RELATING TO PROPERTY LOCATED AT 308 S 9TH ST,
COLLIER COUNTY, FLORIDA - FOR VIOLATIONS BROUGHT
INTO COMPLIANCE BY PREVIOUS OWNER ON APRIL 17,
2007
Item #16A5
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $1,188.80 FOR PAYMENT OF $688.80 IN
THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS V. ALFREDO MIRALLES, SR.,
RELATING TO PROPERTY LOCATED AT 304 S 9TH ST,
COLLIER COUNTY, FLORIDA - FOR VIOLATIONS BROUGHT
INTO COMPLIANCE BY PREVIOUS OWNER ON APRIL 17,
2007
Item #16A6
April 26, 2022
Page 178
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $1,211.49 FOR PAYMENT OF $711.49 IN
THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS V. ALFREDO MIRALLES, SR.,
RELATING TO PROPERTY LOCATED AT 306 S 9TH ST,
COLLIER COUNTY, FLORIDA - FOR VIOLATIONS BROUGHT
INTO COMPLIANCE BY PREVIOUS OWNER ON APRIL 17,
2007
Item # 16A7
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $131,895.20 FOR PAYMENT OF
$500 IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. ALFREDO
MIRALLES, SR., RELATING TO PROPERTY LOCATED
AT 108 WHITE WAY, COLLIER COUNTY, FLORIDA -
FOR VIOLATIONS BROUGHT INTO COMPLIANCE BY
PREVIOUS OWNER ON SEPTEMBER 3, 2015
Item #16A8
RESOLUTION 2022-65: CHAIRMAN TO SIGN A
LOCALLYFUNDED AGREEMENT (LFA) WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) IN THE
AMOUNT OF $82,212 TO SUPPORT THE DESIGN OF A
MULTI-USE PATH ON COUNTY BARN ROAD FROM
RATTLESNAKE HAMMOCK TO SR 84 (DAVIS BLVD)
(PROJECT #60254), FM #438091-1-32-02, AND TO AUTHORIZE
THE NECESSARY BUDGET AMENDMENT. THE TOTAL
April 26, 2022
Page 179
PROJECT COSTS ARE ANTICIPATED TO BE $2,137,588, OF
WHICH $2,055,376 WILL BE FEDERALLY FUNDED
Item #16A9
RESOLUTION 2022-66: THE CHAIRMAN TO SIGN A
LOCALLY FUNDED AGREEMENT (LFA) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO
SUPPORT THE DESIGN OF A SIDEWALK AT CR
901/VANDERBILT DRIVE FROM VANDERBILT BEACH
ROAD TO 109TH AVENUE NORTH (PROJECT #60255),
FM #438092-1-32-02, AND TO AUTHORIZE THE NECESSARY
BUDGET AMENDMENT. THE TOTAL PROJECT COSTS ARE
ANTICIPATED TO BE $909,280, OF WHICH $860,075 WILL BE
FEDERALLY FUNDED
Item #16A10
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $126,000 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20200000828) FOR WORK
ASSOCIATED WITH KAICASA
Item #16A11
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $40,000, WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20200000422, FOR WORK ASSOCIATED WITH
OYSTER HARBOR AT FIDDLER’S CREEK PHASE 2C
April 26, 2022
Page 180
Item #16A12
RECOGNIZE AND APPROPRIATE REVENUE TO THE
TRAFFIC OPERATIONS COST CENTER (163630) IN THE
AMOUNT OF $61,748.81 FOR FISCAL YEAR 2022, FOR
INSURANCE PROCEEDS RECEIVED FOR REPAIRS
MADE DUE TO ACCIDENTS AND AUTHORIZE ALL
NECESSARY BUDGET AMENDMENTS
Item #16A13
BOARD OF COUNTY COMMISSIONERS APPROVE THE
ISSUANCE OF A RIGHT-OF-WAY (ROW) PERMIT FOR THE
PURPOSE OF THE INSTALLATION OF THREE GROUND
SIGNS AND ASSOCIATED FEATURES FOR THE
VANDERBILT BEACH PARKING GARAGE WITHIN COUNTY
ROAD RIGHT-OF-WAY IN ACCORDANCE WITH PERMIT
APPLICATION NUMBER PRROW20220310339
Item #16A14
CHANGE ORDER #1 FOR CONSTRUCTION AGREEMENT NO.
20-7791 (THE “AGREEMENT”), VANDERBILT
UNDERGROUND UTILITY CONVERSION PHASE 4, WITH
MASTEC NORTH AMERICA, INC., TO INCREASE THE
CONTRACT AMOUNT BY $124,919.50 AND ADDING 107
DAYS TO THE PROJECT COMPLETION DATE, DUE TO THE
DELAYS IN COORDINATION EFFORTS WITH FPL AND
CENTURYLINK, AND OTHER ISSUES DISCOVERED DURING
CONSTRUCTION
April 26, 2022
Page 181
Item #16A15 – Continued to the MAY 10, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE A FIRST AMENDMENT
TO AGREEMENT NO. 20-7731, “COLLIER AREA TRANSIT
(CAT) SHELTERS AND AMENITIES PURCHASE,” WITH
BRASCO INTERNATIONAL, INC. ALLOWING FOR A PRICE
ADJUSTMENT NECESSITATED BY INCREASED MATERIAL
COSTS IMPACTING THE ACQUISITION OF MATERIALS FOR
NEW AND EXISTING BUS SHELTERS
Item #16B1 – Continued to the MAY 10, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE COMMUNITY
REDEVELOPMENT AGENCY BOARD, SUSPEND THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA COMMERCIAL BUILDING
IMPROVEMENT GRANT PROGRAM AND DECLINE THE
APPLICATION SUBMITTED BY G&C SHADOW, LLC, IN THE
AMOUNT OF $30,000 FOR THE PROPERTY LOCATED WITHIN
THE BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA AT 3400 TAMIAMI TRAIL EAST
Item #16C1
AUTHORIZE THE CHAIRMAN TO SIGN A DONATION
AGREEMENT WITH MARIBETH L. SELVIG FOR A 1.14-ACRE
PARCEL UNDER THE CONSERVATION COLLIER LAND
April 26, 2022
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ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $800
Item #16C2
RESOLUTION 2022 -67: SATISFACTIONS OF LIEN FOR
THE 1994 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS WHERE THE
COUNTYASSESSMENTS WHERE THE COUNTY HAS
RECEIVED PAYMENT IN FULL SATISFACTION OF
THE LIENS. FISCAL IMPACT IS $28.50 TO RECORD
THE SATISFACTION OF LIEN
Item #16C3
A $742,800 WORK ORDER UNDER REQUEST FOR
QUOTATION NO. 21-7859 TO WELLS & WATER SYSTEMS,
INC., TO CONDITION AND TREAT SIX PRODUCTION WELLS
IN THE COUNTY’S POTABLE PRODUCTION WELLFIELD
(PROJECT NUMBER 70085)
Item #16C4
A LEASE AGREEMENT WITH BERACA BAPTIST CHURCH,
INC., ON BEHALF OF THE COMMUNITY AND HUMAN
SERVICES DIVISION FOR THE SENIOR NUTRITION
PROGRAM IN IMMOKALEE
Item #16C5
RESOLUTION 2022-68: THE CANCELLATION OF 2022 TAXES
UPON A FEE-SIMPLE INTEREST IN LAND COLLIER COUNTY
April 26, 2022
Page 183
ACQUIRED BY WARRANTY DEED FOR CONSERVATION
COLLIER AND WITHOUT MONETARY COMPENSATION
Item #16C6
APPROVAL OF PROPOSAL NO. 9724 UNDER CONTRACT
NO. 19-7592, BUILDING AUTOMATION ENERGY
MANAGEMENT SERVICES, FROM JUICE TECHNOLOGIES,
INC., D/B/A PLUG SMART, AND AUTHORIZE THE ISSUANCE
OF A PURCHASE ORDER IN THE AMOUNT OF $250,743.28,
TO REPLACE THE PROPRIETARY N2 JOHNSON CONTROLS
METASYS BUILDING AUTOMATION SYSTEM WITH NEW
BACNET RELIABLE CONTROLS AT THE COLLIER COUNTY
SHERIFF’S OFFICE (“CCSO”) JAIL (J2) BUILDING AT THE
COLLIER COUNTY GOVERNMENT CENTER. (PROJECT NO.
50221)
Item #16C7
CONSTRUCTION AND MAINTENANCE AGREEMENT WITH
WATERWAYS OF NAPLES HOMEOWNERS’ ASSOCIATION,
INC., TO CONSTRUCT A PRIVACY WALL ON 39TH AVE. NE
ON PROPERTY OWNED BY WATERWAYS OF NAPLES,
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT, AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENT
Item #16C8
AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED
FEDERALLY-FUNDED SUB-AWARD AND GRANT
April 26, 2022
Page 184
AGREEMENT (PROJECT NUMBER: 5307-001-R) CONTRACT
#H0774 WITH THE STATE OF FLORIDA DIVISION OF
EMERGENCY MANAGEMENT FOR A GRANT UP TO
$262,418.00 UNDER THE HAZARD MITIGATION GRANT
PROGRAM (HMGP) FOR THE PURCHASE AND
INSTALLATION OF BACKUP GENERATORS AT THE
COLLIER COUNTY LANDFILL, AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS (PROJECT #33801)
Item #16D1
AUTHORIZE THE CHAIRMAN TO SIGN THREE (3)
MORTGAGE SATISFACTIONS THAT HAVE SATISFIED
THE TERMS OF THE STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM
Item # 16D2
BUDGET AMENDMENT IN THE AMOUNT OF $71,700,
REALLOCATING FUNDS WITHIN PARKS CAPITAL
IMPROVEMENT FUND (306) ENABLING THE DIVISION TO
COMPLETE PLANNED REPAIRS AND RENOVATION WORK
AT VETERAN’S COMMUNITY PARK ROLLER HOCKEY RINK
AND PICKLEBALL CONCESSION BUILDINGS
Item #16D3
RESOLUTION #2022-68A: THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL
HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2022-2023,
2023-2024, AND 2024-2025, SIGN ASSOCIATED
April 26, 2022
Page 185
CERTIFICATIONS, REAFFIRM THE INTERLOCAL
AGREEMENT WITH THE CITY OF NAPLES, AND AUTHORIZE
SUBMISSION TO THE FLORIDA HOUSING FINANCE
CORPORATION
Item #16D4 – Continued to the May 10, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE AND AUTHORIZE A
REDUCTION OF $1,968.83 PER LEASE YEAR TOTALING
$3,937.66 OVER TWO (2) YEARS FOR THE CARACARA
PRAIRIE PRESERVE CATTLE LEASE AGREEMENT 2021-2022,
AND 2022-2023, RENT PAYMENT WITH LABELLE RANCH,
INC., UNDER THE CONSERVATION COLLIER PROGRAM
Item #16D5
FY21-22 STATE AID TO LIBRARIES GRANT FUNDING IN THE
AMOUNT OF $166,352 AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENT
Item #16D6
AMENDMENT NUMBER TWO EXTENDING AGREEMENT NO.
14-6274, “PARKS AND RECREATION ACTIVITY
MANAGEMENT SOFTWARE SOLUTION,” WITH ACTIVE
NETWORK, LLC, FOR A PERIOD OF UP TO ONE YEAR OR
UNTIL A NEW CONTRACT IS AWARDED
Item #16E1
April 26, 2022
Page 186
MODIFICATION TO THE 2022 FISCAL YEAR PAY &
CLASSIFICATION PLAN WHICH CONSISTS OF THE
ADDITION OF ONE NEW CLASSIFICATION MADE FROM
JANUARY 1, 2022, THROUGH MARCH 31, 2022
Item #16E2
SALE AND DISPOSAL OF SURPLUS ASSETS PER
RESOLUTION 2013-095 VIA PUBLIC AUCTION ON JUNE 18,
2022; APPROVE THE ADDITION OF SURPLUS ITEMS
RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS
AGENDA ITEM FOR SALE IN THE AUCTION; AND
AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE
FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF
VEHICLE TITLES
Item #16E3
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16F1
THIS ITEM CONTINUED FROM THE APRIL 12, 2022,
BCC MEETING AGENDA. THE CHANGE OF THE TOURISM
DEVELOPMENT TAX GRANT DEADLINE FROM APRIL 12,
2022, TO APRIL 29, 2022, AT 5 PM
Item #16F2
April 26, 2022
Page 187
RESOLUTION 2022-69: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FY21-22 ADOPTED BUDGET
Item #16G1 – Continued to the May 10, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY,
AWARD INVITATION NEGOTIATE NO. 19-7664,
“IMMOKALEE REGIONAL AIRPORT HANGAR
/COMMERCIAL AERONAUTICAL DEVELOPMENT,” AND
AUTHORIZE ITS CHAIRMAN TO SIGN THE ATTACHED
COLLIER COUNTY AIRPORT AUTHORITY LEASEHOLD
AGREEMENT FOR HANGAR CONSTRUCTION WITH
COLLIER MOSQUITO CONTROL DISTRICT FOR THE
CONSTRUCTION OF HANGARS AT THE IMMOKALEE
REGIONAL AIRPORT
Item #16J1
THE CHECK NUMBER (OR OTHER PAYMENT METHOD),
AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE
REFERENCED DISBURSEMENTS WERE DRAWN FOR THE
PERIODS BETWEEN MARCH 31, 2022, AND APRIL 13, 2022,
PURSUANT TO FLORIDA STATUTE 136.06.
Item #16J2
April 26, 2022
Page 188
BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF APRIL 20, 2022.
Item #16K1
AGREEMENT WITH PATRICK NEALE FOR SPECIAL
MAGISTRATE SERVICES AT THE HOURLY RATE OF $195.00
PER HOUR FOR A TERM OF TWO-YEARS EFFECTIVE MAY
16, 2022
Item #16K2
RESOLUTION 2022-70: TWO MEMBERS APPOINTED TO THE
BAYSHORE BEAUTIFICATION ADVISORY COMMITTEE FOR
4 YEAR TERMS – APPOINTING BOTH FRANK MCCUTCHEON
AND JOANN FORGIT-TALANO FOR VACANT SEATS
Item #16K3
RESOLUTION 2022-71: MEMBER APPOINTED TO THE
BUILDING BOARD OF ADJUSTMENTS & APPEALS -
APPOINTING WILLIAM D. STRADLING ELECTRICAL
CONTRACTOR FOR A 4 YEAR TERM
Item #16K4
RESOLUTION 2022-72: REAPPOINT A MEMBER TO THE
FOREST LAKES ROADWAY & DRAINAGE ADVISORY
COMMITTEE – APPOINTING MARIANNE FANNING FOR A
FOUR YEAR TERM
April 26, 2022
Page 189
Item #16K5
RESOLUTION 2022-73: APPOINT ONE MEMBES TO THE
RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE
- APPOINTING MICHAEL CASHMAN FOR A YEAR TERM
EXPIRING MARCH 3, 2026
Item #16K6
AN ESTOPPEL CERTIFICATE, CONSENT AND AGREEMENT
RELATING TO THE GREAT WOLF LODGE PROJECT
Item #16K7
THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN
THE LAWSUIT STYLED FARRIS HUSSEINI V. COLLIER
COUNTY BOARD OF COMMISSIONERS (CASE NO. 20-CA-
2596), NOW PENDING IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA, FOR THE SUM OF $35,000
Item #16K8
SETTLEMENT AGREEMENT AND JOINT MOTION FOR
STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $290,636 AS FULL SETTLEMENT FOR TWO CASES: KIRK
SANDERS V. COLLIER COUNTY (CASE NO. 20-CA-1176),
AND COLLIER COUNTY V. KIRK SANDERS, ET. AL. (CASE
NO. 20-CA-3450), FOR FULL COMPENSATION FOR PARCEL
00291080004 INCLUDING ALL STATUTORY ATTORNEYS’
April 26, 2022
Page 190
FEES, EXPERT FEES, AND COSTS, AND APPROVE THE
ASSOCIATED BUDGET AMENDMENTS
Item #16K9
STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $122,175, INCLUDING ATTORNEY’S FEES AND EXPERT
FEES AND COSTS, FOR THE TAKING OF PARCEL 1124FEE
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K10
STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $148,767, INCLUDING ATTORNEY’S FEES AND EXPERT
FEES AND COSTS, FOR THE TAKING OF PARCEL 1126FEE
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K11
STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $165,279, INCLUDING ATTORNEY’S FEES AND EXPERT
FEES AND COSTS, FOR THE TAKING OF PARCEL 1128FEE
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #17A – Amending the MPUD (Per Agenda Changes)
ORDINANCE 2022-13: ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
April 26, 2022
Page 191
CODE, WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM GOLF COURSE (GC),
RESIDENTIAL TOURIST (RT), INTERMEDIATE (C-3), AND
GENERAL COMMERCIAL (C-4) ZONING DISTRICTS WITHIN
WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT
OVERLAY ZONES W-1 THROUGH W-3 (ST/W-1 TO ST/W-3)
TO A MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD)
ZONING DISTRICT WITHIN WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-
1 THROUGH W-3 (ST/W-1 TO ST/W-3) FOR A PROJECT TO BE
KNOWN AS GOLDEN GATE GOLF COURSE MPUD TO
ALLOW CONSTRUCTION OF A MAXIMUM OF 30,000
SQUARE FEET OF COMMERCIAL DEVELOPMENT ON
COMMERCIAL TRACTS; UP TO 400 RESIDENTIAL
DWELLING UNITS ON THE RESIDENTIAL TRACT WITH A
MAXIMUM ACTUAL HEIGHT OF 95 FEET; UP TO 75,000
SQUARE FEET OF GOVERNMENT FACILITIES AND 120
GROUP HOUSING UNITS ON THE PUBLIC USE TRACT AND
COMMUNITY FACILITY TRACT; AND UP TO 158
HOTEL/MOTEL UNITS AND UP TO 98 TIMESHARE UNITS OR
MULTI-FAMILY UNITS AND 60,000 SQUARE FEET OF
INTERMEDIATE COMMERCIAL (C-3) USES ON THE
RESIDENTIAL TOURIST TRACT WITH A MAXIMUM ZONED
HEIGHT OF 100 FEET; AND PROVIDING FOR REPEAL OF
ORDINANCE NOS. 84-78 AND 99-56 RELATING TO PRIOR
REZONES. THE PROPERTY IS LOCATED ON THE
SOUTHWEST CORNER OF GOLDEN GATE PARKWAY AND
April 26, 2022
Page 192
COLLIER BOULEVARD IN SECTION 27, TOWNSHIP 49
SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA,
CONSISTING OF 171.6± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE (THIS IS A COMPANION ITEM TO17B)
Item # 17B
ORDINANCE 2022-14: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, TO CREATE A SUBDISTRICT ON PART OF
FORMER GOLDEN GATE GOLF COURSE AND ABUTTING
HOTEL, BY AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, SPECIFICALLY
AMENDING THE GOLDEN GATE CITY SUB-ELEMENT OF
THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND
GOLDEN GATE AREA FUTURE LAND USE MAP AND MAP
SERIES, BY CHANGING THE LAND USE DESIGNATION
FROM URBAN MIXED USE DISTRICT, URBAN RESIDENTIAL
SUBDISTRICT TO URBAN-COMMERCIAL DISTRICT,
GOVERNMENT PUBLIC SERVICES, RESIDENTIAL TOURIST
AND COMMERCIAL SUBDISTRICT TO ALLOW UP TO 75,000
SQUARE FEET OF GOVERNMENTAL FACILITY USES AND
120 BEDS FOR GROUP HOUSING USES AT A FAR NOT TO
EXCEED .60; UP TO 26 UNITS PER ACRE FOR HOTEL/MOTEL
USES AND 16 DWELLING UNITS PER ACRE FOR MULTI-
FAMILY AND TIMESHARE USES AND 60,000 SQUARE FEET
OF C-3, COMMERCIAL INTERMEDIATE ZONING DISTRICT
USES ON 6.16± ACRES; AND UP TO 15,000 SQUARE FEET OF
C-4, GENERAL COMMERCIAL ZONING DISTRICT USES ON
April 26, 2022
Page 193
.42± ACRES. THE SUBJECT PROPERTY CONSISTS OF AN
AGGREGATE OF 20.1± ACRES AND IS LOCATED ON THE
SOUTH SIDE OF GOLDEN GATE PARKWAY
APPROXIMATELY ½ MILE WEST OF COLLIER BOULEVARD
IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA; AND FURTHERMORE,
DIRECTING TRANSMITTAL OF THE ADOPTED
AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE
Item#17C
ORDINANCE 2022-15: AN ORDINANCE AMENDING
ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL
SINGLE FAMILY-3 (RSF-3) ZONING DISTRICT TO ALLOW UP
TO THREE SINGLE FAMILY DWELLING UNITS WITH A
MAXIMUM DENSITY OF UP TO 2.5 DWELLING UNITS PER
ACRE ON PROPERTY LOCATED ON THE NORTH SIDE OF
SABAL PALM ROAD, APPROXIMATELY 2,000 FEET EAST OF
COLLIER BOULEVARD, IN SECTION 23, TOWNSHIP 50
SOUTH, RANGE 26, EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 1.3+/- ACRES; AND BY PROVIDING AN
April 26, 2022
Page 194
EFFECTIVE DATE. [PL20210002322]
Item #17D
RESOLUTION 2022-74: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS, AND
SUPPLEMENTAL REVENUE) TO THE FY21-22 ADOPTED
BUDGET
April 26, 2022
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:3 3 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DIST 'r DER ITS CONTROL
( e) ."
WILLIAM/ . McDANIEL, JR., CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
\O‘i &LW
Attest as to Chairman...
signature only.
These minutes approved by the Board on ry,a,.,1 Jo 120ZZ ,
as presented l/ 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 195