BCC Minutes 05/10/2022 RMay 10, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 10, 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:
Amy Patterson, Acting County Manager
Dan Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court
Troy Miller, Communications & Customer Relations
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May 10, 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
May 10, 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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May 10, 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 Beverly Duncan, Retired United Church of Christ Minister
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. April 12, 2022, BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
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C. RETIREES
D. EMPLOYEE OF THE MONTH
E. Recommendation to recognize Brandon Blanco, in the Community &
Human Services Division, as the April 2022 Employee of the Month.
(All Districts)
4. PROCLAMATIONS
A. Proclamation designating May 11 - 17, 2022, as National Police Week. To
be accepted by Sheriff Kevin Rambosk, Undersheriff Jim Bloom, Chief of
Law Enforcement Chris Roberts, Chief Stephanie Spell, Chief Greg Smith,
and Chief Mark Middlebrook.
B. Proclamation designating May 15 - 21, 2022, as Emergency Medical
Services Week in Collier County. To be accepted by Chief Tabatha Butcher
and emergency medical technicians and paramedics from Collier County
EMS.
C. Proclamation designating May 2022 as Drowning Prevention Month in
Collier County. To be accepted by Paula DiGrigoli, NCH Administrative
Director, Women & Children Services of Collier County, Coral Vargas,
NCH Safe and Healthy Children's Coalition Coordinator, Sydney
Fahrenbruch, Collier CARES Coordinator, Sam Hernandez, Aquatics Senior
Program Leader, Collier County Parks and Recreation, Kimberly Kossler,
Administrator & Health Officer, FDOH Collier County, Terri Ballo, Florida
Drowning Prevention Foundation, and Stewie the Duck.
D. Proclamation designating May 21 - 27, 2022, as National Safe Boating
Week. To be accepted by representatives of Flotilla 95, Joseph Riccio,
Flotilla Commander, Lee Konecke, Immediate Past Flotilla Commander, and
Ajit Chikarmane, Flotilla Staff Officer.
E. Proclamation designating May 2022 as Motorcycle Safety Awareness Month
in Collier County. To be accepted by Lynn and Fred Corr, Denise Russo,
Laura Jo Smith, Jennie McCallion, Jerry Mason, Norm Hansen, Tammy
Hansen, Barb Grassel, Ron Strobel, and Rusty Crans.
F. Proclamation designating May 2022 as National Drug Court Month. To be
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May 10, 2022
accepted by Honorable Janeice T. Martin and Drug Court participants.
G. Proclamation designating May 6 - 12, 2022, as National Nurses Week. To
be accepted by Linda F. Hill, LPN, Barbara Belkoff, and Patricia Pruss, RN.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for May 2022 to
CyberSecure IT Solutions. The award will be accepted by Christian
Wartchow, Owner. Also present is Bethany Sawyer, Vice President of
Membership, The Greater Naples Chamber of Commerce.
6. PUBLIC PETITIONS
A. Public Petition request from Lisa Seymour regarding commercial launch
permits.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Conduct a public hearing to consider revisions to the Collier County
Community Redevelopment Plan and adoption of a resolution approving the
amendment. (Debrah Forester, CRA Director) (This item is a companion to
Item #14B1) (All Districts)
B. Recommendation to enact an Ordinance to establish a Fair Notice to Tenant
Ordinance relating to landlords providing fair notice of rent increases over
five percent (5%) to tenants with leases of one year or longer. (Kristi
Sonntag, Community and Human Services Director & Jeffrey Klatzkow,
County Attorney) (All Districts)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation that the Board of County Commissioners accept an update
related to the advocacy efforts of Quiet Florida to address excessive
vehicular noise on public roadways, predominately from modified exhaust
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systems. (Sponsored by Commissioner Saunders) (All Districts)
B. Recommendation to direct staff to advertise and bring back a Land
Development Code amendment to allow medical marijuana dispensaries in
the same zoning districts as pharmacies. (Sponsored by Commissioner
McDaniel) (All Districts)
C. Recommendation that the Board of County Commissioners accept an update
regarding the County Manager recruitment and provide staff with additional
direction on the interview process. (Sponsored by Commissioner McDaniel)
(All Districts)
D. Recommendation that the Board of County Commissioners appoint an
Acting County Manager, effective at 5 p.m., on Friday, May 13, 2022, to
serve until the current County Manager selection process concludes and a
new County Manager is seated. (Sponsored by Commissioner McDaniel)
(All Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Invitation to Bid (“ITB”) No. 22-7945, “Phase 2
Pelican Bay Sidewalk Improvements,” to Quality Enterprises USA, Inc., in
the amount of $6,761,475.50, authorize the Chair to sign the attached
Construction Services Agreement, and authorize the necessary budget
amendment. (Neil Dorrill, Pelican Bay Services Division Administrator)
(District 2)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners,
acting as the Community Redevelopment Agency Board (CRA),
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approve a Resolution recommending approval to the Board of County
Commissioners an amendment to the Collier County Community
Redevelopment Area Plan. (This item is a companion to Item #9A)
(All Districts)
2) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRA), authorize staff
to obtain an appraisal, negotiate a Purchase Agreement with Catholic
Charities Diocese of Venice, Inc. and take all actions required by
Section 163.380(3)(a), Florida Statutes to convey 1.96 acres of CRA
owned property in the Immokalee Community Redevelopment Area
based on an unsolicited proposal. (District 5)
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 authorize the Clerk of Courts to release a
Performance Bond in the amount of $134,060 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20210003120) for work associated with Shadowwood – Plat One.
(District 1)
2) Recommendation to recognize and appropriate revenue within Road
Construction fund (313), Project #60172, in the amount of $60,865 for
fiscal year 2022, and authorize all necessary budget amendments.
(All Districts)
3) Recommendation to approve Amendment No. 1 to Florida Fish
and Wildlife Conservation Commission (FWC) Grant Agreement No.
21222 under the Bulk Derelict Vessel Removal Program, extending
the expiration date to July 29, 2022. (Project #33771) (All Districts)
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4) Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation,
reimbursing the County up to $467,424 for the construction of bike
lane and shoulder improvements along 111th Avenue North from the
Bluebill Avenue Bridge to 7th Street North, and authorize the
necessary budget amendment (Project #33620), (FPN 441846-1-58-
01) (District 2)
5) Recommendation to approve and execute two corrected Beautification
Grants (Nos. G2179 and G2178) and a corrected Local Agency
Program Agreement (FPN 446323-1-58-01) with the Florida
Department of Transportation to remedy scrivener’s errors.
(District 1, District 4, District 5)
6) Recommendation to approve an increase in the purchase order for
Carlton Fields, P.A. to pay final expenses resulting from the dispute
resolution process that culminated in the Board approved settlement
between WPM-Southern, LLC, the City of Naples, Florida, Q. Grady
Minor & Associates, P.A., and Collier County. (Fiscal Impact
$17,000). (All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
1) This item continued from the April 26, 2022, BCC Meeting.
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. (District 4)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve the termination and release of a
temporary construction easement acquired for the water facilities
construction in the case entitled COLLIER COUNTY v. AMERISITE
LLC. (District 5)
2) Recommendation for approval to terminate for convenience
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Agreement No. 18-7471, “Purchase and Installation of Floor
Covering,” with Wayne Wiles Floorcoverings, Inc., and Tampa
Contract Floors, Inc. (All Districts)
3) Recommendation to approve the selection committee’s final ranking
and authorize staff to begin contract negotiations with the top-ranked
firm, Chris-Tel Company of Southwest Florida Inc., d/b/a Chris -Tel
Construction, related to Request for Proposal (“RFP”) No. 22-7951
for Courthouse “Construction Manager at Risk for Multi-Project
Execution.” (District 4)
4) Recommendation to award Request for Proposal (“RFP”) #21-7883-
ST “Construction Manager at Risk (CMAR)” to O-A-K/Florida, Inc.
dba Owen-Ames-Kimball Company, for pre-construction services for
the Main Campus Upgrades (MCU) in the amount of $70,595, and a
fee of five percent (5%) of the to be determined Guaranteed
Maximum Price (“GMP”) for construction services. (Fund 318)
(Projects #50214 and #50189) (District 4)
5) Recommendation to approve Amendment No. 17 to the Agreement
with Collier County District School Board for the Driver Education
Program extending the existing Driver’s Education funding collected
under the Dori Slosberg Driver Education Ordinance for an additional
year. (All Districts)
6) Recommendation to authorize the County Manager, or his designee
take whatever action is necessary to convey the 6.38 acre “lake
expansion parcel” (Tract RL-2) located abutting the County’s Sports
Complex and Special Events Center (n/k/a as the “Paradise Coast
Sports Complex”) to the City Gate Community Development District,
as allowed by the Board approved Contribution Agreement.
(District 1)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign two
(2) Subrecipient Agreements between Collier County and NAMI
Collier County, Inc., in the amount of $500,000 each to assist in
obtaining suitable housing and funding under Emergency Rental
Assistance Programs 1 and 2. (Grant Fund 705) (All Districts)
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May 10, 2022
2) Recommendation to approve and authorize the Chairman to sign two
(2) mortgage satisfactions for the State Housing Initiatives Partnership
loan program in the amount of $30,000 and approve the associated
Budget Amendment to appropriate repayment amount totaling
$30,000. (SHIP Grant Fund 791) (All Districts)
3) Recommendation to approve an “After-the-Fact” first amendment and
attestation statement with the Area Agency on Aging for Southwest
Florida, Inc., and to transfer funds from the Older American Act
Program IIIB Transportation Services to IIIB Services and from IIIE
Services to title IIIES Supplemental Services. (Human Service Grant
Fund 707) (All Districts)
4) Recommendation to accept and appropriate a donation of $175 from
the Myles Standish Colony Society of Mayflower Descendants to
support the Collier County Public Library’s Genealogy Program and
authorize the necessary Budget Amendment. (Library Grants and
Projects. (Donations) (Fund 129) (All Districts)
5) Recommendation to approve the “After-the-Fact” submittal of a Grant
Application for Year 2 of the Centers for Disease Control Community
Health Workers for COVID-19 Response for Resilient Communities
program, in the amount of $421,744. (Housing Grant Fund 705)
(All Districts)
6) Recommendation to approve expenditures on exemptions to the
formal competitive process for up to $500,000 for off-site veterinary
medical services. (All Districts)
7) Recommendation to authorize six (6) Full-Time Equivalent (FTE)
time-limited positions in the Public Service Department, Community
& Human Services Division, due to expanded grant housing
assistance programs and Affordable Housing initiatives. (Fund 116,
123 & 705) (All Districts)
8) Recommendation to authorize a Budget Amendment in the amount of
$582,273 to recognize the increase in revenue generated by the new
Parks and Recreation fee structure and to increase General Fund (001)
Beach and Water revenues to fund parks ongoing maintenance and
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operating costs. (All Districts)
E. ADMINISTRATIVE SERVICES
1) Recommendation to ratify Property, Casualty, Workers’
Compensation and Subrogation claim files settled and/or closed by the
Risk Management Division Director pursuant to Resolution 2004-15
for the second quarter of FY 22. (All Districts)
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
3) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY21-22 Adopted Budget. (All Districts)
2) Recommendation that the Board of County Commissioners approve
the County Manager’s early departure from full-time service to the
Board and agency as well as the Manager’s desire to remain on the
payroll utilizing contractual leave to his planned July 1 retirement.
(All Districts)
G. AIRPORT AUTHORITY
1) This item continued from the April 26, 2022, BCC Meeting.
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 Collier
County Airport Authority Leasehold Agreement for Hangar
Construction with Collier Mosquito Control District for the
construction of hangars at the Immokalee Regional Airport.
(District 5)
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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 April 14, 2022, and April 27, 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 May 4,
2022. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to reappoint three members to the Bayshore
/Gateway Triangle Local Redevelopment Advisory Board. (District 4)
2) Recommendation to approve a Stipulated Final Judgment in the total
amount of $133,000 plus $47,703 in statutory attorney and experts’
fees and costs, for the taking of Parcel 1101FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
3) Recommendation to approve a Stipulated Final Judgment in the total
amount of $117,000 plus $38,722 in statutory attorney and experts’
fees and costs, for the taking of Parcel 1103FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
4) Recommendation to approve an Interlocal Agreement with the Collier
County Tax Collector for retention of an administrative cost of 2% of
the Tourist Development Taxes collected. (All Districts)
5) Recommendation to approve a Stipulated Final Judgment in the total
amount of $1,500,000 plus $246,075 in statutory attorney and experts’
fees and costs, for the taking of Parcels 113POND, 113TDRE,
129FEE1, 129FEE2 and 327FEE, required for the Vanderbilt Beach
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Road Extension Project No. 60168. (All Districts)
6) Recommendation to approve a Stipulated Final Judgment in the
amount of $125,500 plus $45,939 in statutory attorney and experts’
fees and costs for the taking of Parcel 1214FEE plus an amount not to
exceed $5,000 for statutory supplemental attorneys’ fees, required for
the Vanderbilt Beach Road Extension Project No. 60168.
(All Districts)
7) Recommendation to approve a Stipulated Final Judgment in the
amount of $805,000 plus $122,330 in statutory attorney and experts’
fees and costs for the taking of Parcel 138FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
8) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled John C. Schiller, III v.
Collier County Board of Commissioners, (Case No. 19-CA-3155),
now pending in the Circuit Court of the Twentieth Judicial Circuit in
and for Collier County, Florida, for the sum of $20,000. (All Districts)
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17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
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A. An Ordinance of the Board of County Commissioners of Collier County,
Florida, proposing Evaluation and Appraisal Review (EAR) based
amendments to Ordinance 89-05, as amended, the Collier County Growth
Management Plan of the unincorporated area of Collier County, Florida,
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May 10, 2022
specifically amending the Conservation and Coastal Management Element
to address sea level rise, and update nomenclature, and furthermore,
directing transmittal of the adopted amendment to the Florida Department of
Economic Opportunity; providing for severability; and providing for an
effective date. [PL20210001271]. (All Districts)
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance No. 2009-65, as amended, the Siena Lakes CCRC Commercial
Planned Unit Development (CPUD) by increasing the maximum square feet
from 878,889 to 886,794 to allow the remaining 33,127 square feet of
development on the tract west of Siena Lakes Drive based on a maximum
floor area ratio of 0.58 over the entire 35.10 acres site, rather than a floor
area ratio of 0.45 on the western 5.85 acres and a floor area ratio of 0.60 on
the eastern 29.24 acres; by revising the Master Plans and development
commitments, and providing an effective date. The subject property,
consisting of 35.10± acres, is located on the north side of Orange Blossom
Drive and Airport-Pulling Road in Section 1, Township 49 South, Range 25
East, Collier County, Florida. (PL202100000893) (District 2)
C. Recommendation to approve an Ordinance of the Board of County
Commissioners of Collier County, Florida, that Simplifies Replatting
Golden Gate Estates Tracts by Amending Ordinance Number 04-41, as
amended, the Collier County Land Development Code, Which Includes the
Comprehensive Land Regulations for the Unincorporated Area of Collier
County, Florida, to Create Site Design Standards and Waive Subdivision
Improvements for the Subdividing of Golden Gate Estates Tracts, by
Providing for: Section One, Recitals; Section Two, Findings Of Fact;
Section Three, Adoption of Amendments to the Land Development Code,
More Specifically Amending the Following: Chapter Four – Site Design and
Development Standards, Including Section 4.03.06 – Golden Gate Estates
Lot Divisions; and Appendix B – Typical Street Sections and Right-Of-Way
Design Standards; Section Four, Conflict and Severability; Section Five,
Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date. [PL20210001560] (All Districts)
18. ADJOURN
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May 10, 2022
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
May 10, 2022
Page 2
CHAIRMAN McDANIEL: Good morning, everybody. If you
could please find your seat.
And this morning we're going to open with a prayer and a
Pledge, and the prayer's going -- is Beverly here, Reverend Beverly?
Oh, there she is. Oh, my goodness. I was looking there and didn't
even see you. Our prayer's going to be given this morning by
Reverend Beverly Duncan. She's retired from the Church of Christ
Ministry. Good morning. If you all would rise, please.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE –
INVOCATION GIVEN
REVEREND DUNCAN: Good morning.
We here and a lot of us believe that a creator God makes all
things new: New stars, new dust, new life. In that spirit and in the
spirit of this new day, take our hearts, every hardened edge and
measured beat, and create something new in us.
And may that newness make our rough parts smooth, stir what is
stagnant, free what is stuck, forgive what is unkind.
So, Spirit of Life, in the newness of the coming summer and the
business before this commission, be a calming presence. Remind
them and all of us that in unsettled and challenging times a sense of
common purpose is a blessing to all. Together we can make our way
toward those new things that heal broken places here and far away
and also bring justice. And when this meeting is ended, carry each
of these commissioners to their destination safely so that they might
rest and refresh for service on another new day.
I ask a blessing on them and their work this morning, amen.
CHAIRMAN McDANIEL: Thank you. That was a nice
May 10, 2022
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prayer.
Commissioner Solis, would you lead us this morning.
COMMISSIONER SOLIS: Thank you.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: Okay.
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) – APPROVED AND/OR ADOPTED
W/CHANGES
MS. PATTERSON: Commissioners, that brings us to Item 2,
agenda and minutes. We have a number of changes this morning.
First, continue Item 14B2 to the May 24th, 2022, BCC meeting.
This is a recommendation that the Board of County Commissioners,
acting as the Community Redevelopment Agency, authorize staff to
obtain an appraisal, negotiate a purchase agreement with Catholic
Charities Diocese of Venice, Inc., and take all actions required by
Section 163.380(3)(a), Florida Statutes, to convey 1.96 acres of
CRA-owned property in the Immokalee Community Redevelopment
Area based on an unsolicited proposal. This is being moved at
Commissioner McDaniel's request.
Next, continue Item 16C6 to the May 24th, 2022, BCC meeting.
This is a recommendation to authorize the County Manager or his
designee to take whatever action is necessary to convey the 6.38-acre
lake expansion parcel located abutting the County Sports Complex
and Special Events Center to the City Gate Community Development
District as allowed by the Board-approved contribution agreement.
May 10, 2022
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This is being moved at Commissioner Taylor's request.
Next, move Item 16D1, which will become 11B.
Recommendation to approve and authorize the Chairman to sign two
sub-recipient agreements between Collier County and NAMI, Collier
County, Inc., in the amount of $500,000 each to assist in obtaining
suitable housing and funding under Emergency Rental Assistance
Programs 1 and 2. This is being moved at Commissioner
McDaniel's request.
Next, withdraw Item 16F2. This is a recommendation that the
Board of County Commissioners approve the County Manager's early
departure from full-time service to the Board and agency as well as
the Manager's desire to remain on the payroll utilizing contractual
leave to his planned July 1 retirement. This is being withdrawn at
staff's request.
Move 17 -- move Item 17A. This will become Item 9C. This
is an ordinance of the Board of County Commissioners of Collier
County, Florida, proposing evaluation and appraisal review,
EAR-based amendments to Ordinance 89-05, as amended, the Collier
County Growth Management Plan of the unincorporated area of
Collier County, Florida, specifically amending the Conservation and
Coastal Management Element to address sea level rise and update
nomenclature and, furthermore, directing transmittal of the adopted
amendment to the Florida Department of Economic Opportunity.
This is being moved at Commissioner Taylor's request.
Finally, we have one time-certain item. This is Item 10D
regarding appointment of an acting County Manager, which will be
heard immediately following Item 5A.
CHAIRMAN McDANIEL: And with that, I want to move into
the -- first off, we're going to approve the agenda and ex parte, and I
believe we have some public speakers on summary, did I hear?
COMMISSIONER LoCASTRO: Amy, I just want to make one
May 10, 2022
Page 5
change.
MR. MILLER: That's correct, sir.
COMMISSIONER LoCASTRO: 16C6 where it talks about the
sports complex and the lake, I know there's a lot of fine lines between
the different districts, but I actually think that's in District 5, not
District 1.
MS. PATTERSON: Okay. We'll check and make that
correction for the record.
CHAIRMAN McDANIEL: It's to be new 3, but it was 5, and
that's assuming it doesn't get changed again between now and when it
can be, so...
MS. PATTERSON: Understood.
CHAIRMAN McDANIEL: Necessarily -- I think
Commissioner -- yeah, it is in District 3 now, so...
Well, since we're on that subject matter, let's go ahead and do
our ex parte and any other adjustments that might need to be,
Commissioner LoCastro, since you went first.
COMMISSIONER LoCASTRO: I have no changes, and I have
no disclosures for anything.
CHAIRMAN McDANIEL: How about Commissioner Solis?
COMMISSIONER SOLIS: No changes and no disclosures.
CHAIRMAN McDANIEL: Commissioner Taylor?
COMMISSIONER TAYLOR: No changes and no
disclosures -- oh, yes, I'm sorry, I do.
On 17B, which is still on the agenda, consent agenda, I've had
emails. Thank you.
CHAIRMAN McDANIEL: And, Commissioner Saunders,
good morning.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I don't have any disclosures. I do have one change I want to
request, and that is to put 17C on the regular agenda for discussion.
May 10, 2022
Page 6
I've gotten quite a bit of correspondence concerning that.
CHAIRMAN McDANIEL: We can do that, if you wish.
COMMISSIONER SAUNDERS: That would be my request,
yes, sir.
MS. PATTERSON: That will become Item 9D.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: Mr. Chairman, that is the Summary Agenda
Item 17C you had two speakers on, so I'll move that to 9D.
CHAIRMAN McDANIEL: Okay. That will be fine.
MR. MILLER: Thank you, sir.
CHAIRMAN McDANIEL: And, myself, I do have disclosures
on 17B, all of the above; phone calls, correspondence, emails, and the
like.
And so with that, I'll call for an approval of today's agenda as
amended.
COMMISSIONER TAYLOR: So move.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the 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.
Proposed Agenda Changes
Board of County Commissioners Meeting
May 10, 2022
Continue item 14B2 to the May 24, 2022, BCC Meeting: Recommendation that the Board of County
Commissioners, acting as the Community Redevelopment Agency Board (CRA), authorize staff to obtain an
appraisal, negotiate a Purchase Agreement with Catholic Charities Diocese of Venice, Inc. and take all
actions required by Section 163.380(3)(a), Florida Statutes to convey 1.96 acres of CRA owned property in
the Immokalee Community Redevelopment Area based on an unsolicited proposal. (District 5)
(Commissioner McDaniel’s request)
Continue item 16C6 to the May 24, 2022, BCC Meeting: Recommendation to authorize the County
Manager, or his designee take whatever action is necessary to convey the 6.38 acre “lake expansion parcel”
(Tract RL-2) located abutting the County’s Sports Complex and Special Events Center (n/k/a as the
“Paradise Coast Sports Complex”) to the City Gate Community Development District, as allowed by the
Board approved Contribution Agreement. (District 1) (Commissioner Taylor’s request)
Move item 16D1 to 11B: Recommendation to approve and authorize the Chairman to sign two (2)
Subrecipient Agreements between Collier County and NAMI Collier County, Inc., in the amount of $500,000
each to assist in obtaining suitable housing and funding under Emergency Rental Assistance Programs 1 and
2. (Grant Fund 705) (All Districts) (Commissioner McDaniel’s request)
Withdraw item 16F2: Recommendation that the Board of County Commissioners approve the County
Manager’s early departure from full-time service to the Board and agency as well as the Manager’s desire to
remain on the payroll utilizing contractual leave to his planned July 1 retirement. (All Districts) (Staff’s
Request)
Move item 17A to 9C: An Ordinance of the Board of County Commissioners of Collier County, Florida,
proposing Evaluation and Appraisal Review (EAR) based amendments to Ordinance 89-05, as amended, the
Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, specifically
amending the Conservation and Coastal Management Element to address sea level rise, and update
nomenclature, and furthermore, directing transmittal of the adopted amendment to the Florida Department
of Economic Opportunity; providing for severability; and providing for an effective date. [PL20210001271].
(All Districts) (Commissioner Taylor’s request)
Note:
Time Certain Items:
Item 10D to be heard immediately following item 5A: Appointment of an acting County Manager
6/15/2022 11:45 AM
May 10, 2022
Page 7
Item #2B
BCC MEETING MINUTES FROM APRIL 12, 2022 – APPROVED
AS PRESENTED
We'll do our minutes. We have our 2A here, minutes from
April 12th.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded the
minutes as printed be accepted and approved. 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 #3D1
EMPLOYEE OF THE MONTH – APRIL 2022 – BRANDON
BLANCO
MS. PATTERSON: That moves us to Item 3D, Employee of
the Month. This is recommendation to recognize Brandon Blanco in
the Community and Human Services Division as the April 2022
Employee of the Month.
May 10, 2022
Page 8
(Applause.)
MS. PATTERSON: Let me tell you a little bit about Mr.
Blanco. Mr. Blanco is a fiscal technician in the Community and
Human Services Division and has been employed with the county
since August of 2020. Fiscal technicians are typically responsible
for performing fiscal and administrative work, but Brandon is
assigned to the Collier County Assistance Program.
This program assists residents that are behind on rent or
mortgage payments due to the economic challenges caused by the
pandemic. Brandon is currently responsible for processing
emergency rental assistance ERA applications so that tenants are able
to maintain housing stability and avoid eviction.
Recently a resident called in who was living out of her vehicle
with her daughter. She had been searching for an apartment for a
few months and was hoping to get some assistance. Brandon and
other employees tried to find her temporary lodging but initially came
up empty handed.
Brandon made it his priority, though, to find a place for this
family to sleep. He stayed after normal working hours calling every
hotel between Naples and Fort Myers in search of a safe place for
them to stay. His perseverance paid off, and the ERA program was
able to assist this family with a hotel stay until they found a new
apartment. Brandon went above and beyond and made a big
difference for this family in their time of need.
This is just one example of the great work Brandon and the team
at the Collier County Assistance Center are responsible for.
Brandon is a dedicated employee who continues to grow in his
role and expand his knowledge of federal grant programs all in
addition to being a full-time college student. He provides a vital
service to the residents of Collier County, and for these reasons he
was selected as the April 2022 Employee of the Month.
May 10, 2022
Page 9
Congratulations.
(Applause.)
MR. BLANCO: Thank you.
Thank you, all. Thank you.
(Applause.)
MS. PATTERSON: Commissioners, this moves us to Item 4,
proclamations.
Item #4A
PROCLAMATION DESIGNATING MAY 11 - 17, 2022, AS
NATIONAL POLICE WEEK. ACCEPTED BY SHERIFF KEVIN
RAMBOSK, UNDERSHERIFF JIM BLOOM, CHIEF OF LAW
ENFORCEMENT CHRIS ROBERTS, CHIEF STEPHANIE SPELL,
CHIEF GREG SMITH, AND CHIEF MARK MIDDLEBROOK –
ADOPTED
Item 4A is a proclamation designating May 11 through 17th,
2022, as National Police Week. To be accepted by Sheriff Kevin
Rambosk; Undersheriff Jim Bloom; Chief of Law Enforcement Chris
Roberts; Chief Stephanie Spell; Chief Greg Smith; and Chief Mark
Middlebrook.
CHAIRMAN McDANIEL: A whole bunch of chiefs.
(Applause.)
THE PHOTOGRAPHER: We're going to have to squeeze in
and take about two steps back. There you go.
CHAIRMAN McDANIEL: Colonel.
COLONEL BLOOM: Mr. Chairman, Board Members, on
behalf of Sheriff Rambosk -- he's a little under the weather today or
he'd be here personally.
He asked me to pass on, once again, our thanks to each of you
May 10, 2022
Page 10
and our community for the support that you give us every day. We
live in a special place, and I think everybody agrees part of that is the
dedication of the men and women of all the law enforcement
agencies within Collier County and what they give and they serve.
This week I'd asked about the community and, as you know, the
nation. We recognize those men and women that came before us
that have given the biggest sacrifice of all. And we wouldn't be the
country we are without the men and women that every day put this
uniform and this badge on. And there's a fine line between anarchy
and chaos, and it's law enforcement and corrections, quite frankly.
While we're all sleeping at home, me included, those men and women
are out there every day giving all they've got to keep us safe.
So I truly, from the bottom of my heart, on behalf of the Sheriff,
we thank you for recognizing our members, all the members of law
enforcement in this community and, quite frankly, all the members in
the nation.
So, once again, thank you. Have a great day.
Item #4B
PROCLAMATION DESIGNATING MAY 15 - 21, 2022, AS
EMERGENCY MEDICAL SERVICES WEEK IN COLLIER
COUNTY. ACCEPTED BY CHIEF TABATHA BUTCHER AND
EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS
FROM COLLIER COUNTY EMS – ADOPTED
MS. PATTERSON: Item 4B is a proclamation designating
May 15th through 21st, 2022, as Emergency Medical Services Week
in Collier County. To be accepted by Chief Tabatha Butcher and
emergency medical technicians and paramedics from Collier County
EMS.
May 10, 2022
Page 11
CHAIRMAN McDANIEL: I thought I saw her back there.
(Applause.)
COMMISSIONER LoCASTRO: If anyone's having chest
pains or choking, this is the place you want to be right now.
(Applause.)
CHIEF BUTCHER: Good morning, Commissioners. Tabatha
Butcher, Chief of EMS.
May 15th through the 21st, 2022, is the 47th Annual National
EMS Week, and we greatly appreciate you taking the time to honor
our frontline men and women dedicated to providing emergency
medicine that saves so many lives every day.
EMS professionals answer the calls day and night and under all
kinds of conditions. They see people at their worst and work hard to
give them live-saving care regardless of the situation. Collier
County EMS responded to over 44,000 calls for service last year and
transported nearly 29,000 patients to the hospital.
From the administration and logistical staff at Collier County
EMS to the boots on the ground, we've been making a major impact
in this community for 41 years. I'm personally proud to work with
such dedicated professionals and to serve Collier County.
The 2022 EMS week theme is "EMS rising to the challenge."
This theme is so meaningful and reminds people we have been faced
and continue to respond, support, and care for the needs of this
community. We thank you, and we greatly appreciate your support,
and Happy EMS Week 2022. Thank you.
(Applause.)
Item #9C
PROCLAMATION DESIGNATING MAY 2022 AS DROWNING
PREVENTION MONTH IN COLLIER COUNTY. ACCEPTED
May 10, 2022
Page 12
BY PAULA DIGRIGOLI, NCH ADMINISTRATIVE DIRECTOR,
WOMEN & CHILDREN SERVICES OF COLLIER COUNTY,
CORAL VARGAS, NCH SAFE AND HEALTHY CHILDREN'S
COALITION COORDINATOR, SYDNEY FAHRENBRUCH,
COLLIER CARES COORDINATOR, SAM HERNANDEZ,
AQUATICS SENIOR PROGRAM LEADER, COLLIER COUNTY
PARKS AND RECREATION, KIMBERLY KOSSLER,
ADMINISTRATOR & HEALTH OFFICER, FDOH COLLIER
COUNTY, TERRI BALLO, FLORIDA DROWNING
PREVENTION FOUNDATION, AND STEWIE THE DUCK –
ADOPTED
MS. PATTERSON: Item 4C is a proclamation designating
May 2022 as Drowning Prevention Month in Collier County. To be
accepted by Paula DiGrigoli, Naples Community Hospital
administrative director, Women and Children Services of Collier
County; Coral Vargas, NCH Safe and Healthy Children's coalition
coordinator; Sam Hernandez, Aquatics senior program leader, Collier
County Parks and Recreation; Kimberly Kossler, administrator and
health officer, Florida Department of Health, Collier County; Terry
Ballo, Florida Drowning Prevention Foundation; and Stewie the
Duck.
CHAIRMAN McDANIEL: And Stewie the Duck.
(Applause.)
MS. DiGRIGOLI: Good morning. My name is Paula
DiGrigoli. I'm administrative director of Women and Children's
Services in NCH. On behalf of the Safe and Healthy Children's
Coalition and the 70 agencies working to prevent the leading cause of
death for children ages 1 to 4, thank you, County Commissioners, for
proclaiming May water safety month.
I'm happy to share the good news that for the past two years,
May 10, 2022
Page 13
2020 and '21, we have not had any fatal drownings -- pediatric fatal
drownings in Collier County.
When COVID started, we were very concerned about the
number of drownings that was going to happen because of families
being at home, but that didn't happen here in Collier County.
Unfortunately, it was not the same in Florida. Florida, last year, had
the highest number of deaths for pediatric drownings. But here in
Collier County, because of the support of the County Commissioners
and the 70 agencies that help to implement the layers of protection,
we were able to continue for two years and a half now, almost and a
half, zero drowning deaths.
I just want to say thank you to Kim Kossler from -- Florida
Department of Health administrator and the health office; Collier
County sheriffs; Collier County EMS; Sam Hernandez from Golden
Gate Aquatics; Collier Parks and Recreation. We don't know what
we would do without Collier County Parks and Recreation and the
leadership that they provide for swimming lessons; Terry Ballo,
Florida Drowning Prevention Foundation; Holly Vincent, Adrian's
mom; Stewie the Duck; and, of course, Coral Vargas, our wonderful
coordinator.
We have implemented several programs like Swim Central that
is funded by the Naples Winter Wine Festival, the Naples Children
Education Foundation, where over almost 9,600 children have
participated in this program where they learn how to swim in a
10-day water safety program. We have -- you have received from
our friends from the Department of Health these water watchers,
because supervision is one of the layers that we recommend when
you have a family gathering or a pool party.
Also, "The kids don't float; life jackets do." We have 20 of
these stands all over our beautiful beaches, including Marco Island,
all over the coast of Naples to Bonita. And Stewie the Duck. You
May 10, 2022
Page 14
know, Stewie the Duck, our water-safety mascot that goes to the
preschools and the community, you know, to teach the kids to never
swim alone, and thanks to the Drowning Prevention Foundation for
supporting it.
Thank you for helping us to make our community water safer,
and hopefully we will continue seeing zero drowning deaths. Thank
you.
CHAIRMAN McDANIEL: Thank you.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING MAY 21 - 27, 2022, AS
NATIONAL SAFE BOATING WEEK. ACCEPTED BY
REPRESENTATIVES OF FLOTILLA 95, JOSEPH RICCIO,
FLOTILLA COMMANDER, LEE KONECKE, IMMEDIATE PAST
FLOTILLA COMMANDER, AND AJIT CHIKARMANE,
FLOTILLA STAFF OFFICER – ADOPTED
MS. PATTERSON: Item 4D is a proclamation designating
May 21st through 27th, 2022, as National Safe Boating Week. To
be accepted by representatives of Flotilla 95; Past Commodore
Walter Jacowitz; Flotilla Commander Joseph Riccio; Immediate Past
Flotilla Commander Lee Konecke; Flotilla Staff Officer Ajit
Chikarmane.
(Applause.)
MR. RICCIO: Collier County Commissioners, I am Joe Riccio,
the flotilla commander of Flotilla 95 on Marco Island.
We have had a 55-year relationship with the county. This is our
55th year as a Coast Guard Auxiliary flotilla. And the partnership,
as an understatement, has been wonderful. We work very well
May 10, 2022
Page 15
together.
Our purpose is recreational boating safety, and we look to save
lives throughout everything we do. And although we can never
count that through our educational classes, our vessel exams, we
know that that is happening. Our program is to get people to
understand safe boating, the rules to keep them safe, and to wear life
jackets. As we talked about earlier, it's a big "wear it" campaign.
It's amazing that the four groups that have just come up here for
proclamations have all been volunteers and businesses that have
helped the county people be safe, secure, and have a better life. So I
thank the commissioners for all you have done for us and all we
continue to do together. Thank you very much.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING MAY 2022 AS
MOTORCYCLE SAFETY AWARENESS MONTH IN COLLIER
COUNTY. ACCEPTED BY LYNN AND FRED CORR, DENISE
RUSSO, LAURA JO SMITH, JENNIE MCCALLION, JERRY
MASON, NORM HANSEN, TAMMY HANSEN, BARB
GRASSEL, RON STROBEL, AND RUSTY CRANS – ADOPTED
MS. PATTERSON: Item 4E is a proclamation designating
May 2022 as Motorcycle Safety Awareness Month in Collier County.
To be accepted by Lynn and Fred Corr, Denise Rousseau, Laura Jo
Smith, Jerry Mason, Norm Hansen, Tammy Hansen, Barb Grassel,
Ron Strobel, and Rusty Crans.
(Applause.)
MS. CORR: I want to thank the Commissioners for allowing
May to be Motorcycle Awareness Month. Motorcycles just aren't
May 10, 2022
Page 16
leather and chains or long-haired dudes running around
neighborhoods causing problems. They're lawyers, they're doctors,
they're businessmen/women, homemakers, coaches, teachers,
ministers, and commissioners.
CHAIRMAN McDANIEL: One, two, three.
MS. CORR: A couple of them.
CHAIRMAN McDANIEL: Three.
MS. CORR: It was stated in the April Board of County
Commissioner meeting from Commissioner LoCastro that a
proclamation is more than handing out a piece of paper. It's a
platform to bring awareness, and we need to bring awareness to
motorcycles. This community shouldn't have to wear fluorescent
colors, we shouldn't have to have loud pipes, but we do because
people don't see us.
We have laws in place that if a motorcyclist gets hit by a car,
that usually the car -- the driver of the car will get slapped with a fine
for $167 because they failed to yield the right-of-way. And these are
things that ABATE of Florida's trying to change. We are up in
Tallahassee. We have bills that we can't even get heard sometimes
because of people who are in charge of committees have a grudge -- I
will say a grudge against motorcyclists.
But we have everyday people, and we need to be heard. So
we're asking you, from ABATE of Florida and your local chapter,
Gator Alley, to help encourage us to have our bills listened to, talk
to -- whenever you talk to Senator Passidomo or Representative Melo
or Representative Rommel, just let them know at least listen to these
bills. This is what will help us to tighten these laws on the accidents
and on the deaths of our motorcyclists.
Again, we thank you for this proclamation, and thank you for
being our commissioners.
CHAIRMAN McDANIEL: Thank you for all you do, Lynn.
May 10, 2022
Page 17
Thank you.
(Applause.)
Item #4F
PROCLAMATION DESIGNATING MAY 2022 AS NATIONAL
DRUG COURT MONTH. ACCEPTED BY HONORABLE
JANEICE T. MARTIN AND DRUG COURT PARTICIPANTS –
ADOPTED
MS. PATTERSON: Item 4F is a proclamation designating
May 2022 as National Drug Court Month. To be accepted by
Honorable Janeice T. Martin and Drug Court participants.
(Applause.)
COMMISSIONER LoCASTRO: The judge knows how to do
it.
JUDGE MARTIN: It's not our first rodeo.
(Applause.)
CHAIRMAN McDANIEL: Are you going to share a little bit,
Judge Martin, please?
JUDGE MARTIN: For 30 seconds, I hope.
CHAIRMAN McDANIEL: Yeah, maybe longer.
JUDGE MARTIN: Well, I'll try to be very brief. But I just
want to say good morning and thank you. As always I'm so proud to
walk into your chambers. Mr. Mumplazie (phonetic) in the blue
here is a member of our Drug Court team. He works with David
Lawrence Center as one of our case managers, and the other three
with very high-achieving participants who've been working so hard
with us.
And I always enjoy the privilege of coming in here with
members of our team and participants so that you can put faces to the
May 10, 2022
Page 18
ideas that you-all entertain every week.
Commissioner McDaniel, Chair McDaniel said, how can we
help, and I reminded him that thanks in part to the leadership of
Commissioner Solis and all of you, you-all have already been
helping. For the past few years, you've funded some staff for our
team, and they've been game changers. They've assisted us in
pulling down a half-million-dollar federal grant to fund positions like
Mr. Mumplazie and our clinicians. The return on investment for
what you-all are doing for us is huge.
And I want to humanize that for just a second and remind
everyone -- you-all don't need reminding. Everyone in this room has
been touched by mental health, substance use, or both, all of us,
either ourselves, our families, our neighbors, our children, our
parents. We've all been touched by it. And I thank you all for your
leadership and your humility in recognizing that and reminding the
citizens in our community that we all need to be supportive of this.
Standing with me are sons, daughters, moms, dads, neighbors,
friends, loved ones who have made the incredibly courageous
decision to say, you know what, this time I'm not going to just do my
time and get back out. I'm going to take the harder road. I'm going
to take the road that's less traveled. I'm going to try to deal with
what's been going wrong for me. It's so much harder than just doing
time. And I think these guys will confirm that.
But our program works. Very, very intense treatment, but also
accountability, personal responsibility, themes that I know resonate in
this chamber. And so I'm very humbled to stand here before you
with people who are taking advantage of the opportunity that you
helped create and support. And I ask you to please continue to do
that.
I know from reading today's paper you have some difficult
issues today. They affect us. And I don't make political statements,
May 10, 2022
Page 19
but I will tell you that, really, the number-one barrier -- Jason can
confirm. The number-one barrier our people face is housing. I've
got moms and dads who have done everything they need to do to get
their kids back out of foster care, reunify their families, and be the
parents that they want to be. And what stands between them and
that success, which has a ripple effect community-wide, is finding a
clean, safe place to house those kids with them.
So I implore you to do what needs to be done. I know those are
difficult decisions, but it has very, very real impacts on the moms and
dads, sons and daughters that we serve in our program.
So thank you for your continued support for doing the hard
things that benefit us all.
CHAIRMAN McDANIEL: Thank you, Your Honor.
(Applause.)
Item #4G
PROCLAMATION DESIGNATING MAY 6 - 12, 2022, AS
NATIONAL NURSES WEEK. ACCEPTED BY LINDA F. HILL,
LPN, BARBARA BELKOFF, AND PATRICIA PRUSS, RN –
ADOPED
MS. PATTERSON: Item 4G is a proclamation designating
May 6th through 12th, 2022, as National Nurses Week. To be
mailed to Barbara Belkoff, president of Samson's International
Nursing Society, Inc.
CHAIRMAN McDANIEL: There you go. I'll hold this one
here till the mailman comes or woman, as the case may be. It could
be a mail lady.
Item #5A
May 10, 2022
Page 20
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR MAY 2022 TO CYBERSECURE IT
SOLUTIONS. THE AWARD WILL BE ACCEPTED BY
CHRISTIAN WARTCHOW, OWNER. ALSO PRESENT IS
BETHANY SAWYER, VICE PRESIDENT OF MEMBERSHIP,
THE GREATER NAPLES CHAMBER OF COMMERCE –
PRESENTED
MS. PATTERSON: That moves us to Item 5A under
presentations. It's a presentation of the Collier County Business of
the Month for May 2022 to CyberSecurity [sic] IT Solutions. The
award will be accepted by Christian Wartchow, CEO, and Julie
Berry, director of operations and marketing. Also present will be
Bethany Sawyer, the vice president of membership, the Greater
Naples Chamber of Commerce.
(Applause.)
CHAIRMAN McDANIEL: I signed this in blue, and then I
went over the seal, and I was like, it might invalidate the
proclamation, so...
COMMISSIONER LoCASTRO: It's a one of a kind.
CHAIRMAN McDANIEL: It is.
MS. SAWYER: This is Julie. Julie, if you could go on the
other side.
(Applause.)
COMMISSIONER SOLIS: I'll make a motion to approve the
proclamations.
CHAIRMAN McDANIEL: We're going to have -- our
presentation -- our Business of the Month is going to say a few
words, if --
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: -- I'm not mistaken.
May 10, 2022
Page 21
COMMISSIONER SOLIS: My apologies.
MR. WARTCHOW: Thank you, Commissioners. So I'm
Christian Wartchow. I'm the CEO and founder of CyberSecure IT
Solutions here in Collier County.
I want to thank you for this honor, and I want to thank the
Naples Chamber of Commerce as well. CyberSecure IT solutions is
on a mission, and that is to protect and defend our residents and our
businesses from the rampant cybersecurity breaches that everyone is
affected by, both with their bank accounts, their shopping, the
scamming that goes on to our senior citizens. Every week we
support our residents who have been hacked, and we go on site and
clean up their machines. It's having a dramatic impact on the
economics, especially of seniors.
I also want to just concur with Judge Martin about the housing
situation. I have a number of our technicians and engineers who,
unfortunately, their rents are going up to an extent where it becomes
very difficult for them to remain here in Collier County. I hate to
see them -- to lose their housing. So I just want to enforce that.
Thanks again for the honor, and we look forward to continuing
to serve the public through our seminars, our webinars, and our
videos on our website, so thank you very much.
CHAIRMAN McDANIEL: Thank you.
(Applause.)
CHAIRMAN McDANIEL: Okay. Commissioner Solis, now
is the time.
COMMISSIONER SOLIS: I make a motion to approve the
proclamations.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the proclamations as presented. Any other discussion?
(No response.)
May 10, 2022
Page 22
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.
Before we go to the next agenda item, I am going to announce
the Artist of the Month, and I should have done this when there was
way more people here, but -- so forgive me.
Our May Artist of the Month is Veronica Winters, a local
resident. Ms. Winters is a portrait artist, and her art is across the
back of the room. So if you have a few moments, please take time
and have a look.
She's an instructor, a curator who paints a powerful connection
between humans and the universe through oil paintings and colored
pencil drawings. Influenced by classical artistic traditions,
Ms. Winters' work serves as a means for herself and her viewers to
experience the healing potential of painting. Ms. Winters is
nationally recognized for her colored pencil drawings with the
publication of two art instruction books. Her artwork and writings
have been published in numerous magazines and art books.
So, please, before you leave today, take a moment and view
some of her displays.
Okay.
Item #10D
THE BOARD OF COUNTY COMMISSIONERS APPOINT AN
May 10, 2022
Page 23
ACTING COUNTY MANAGER, EFFECTIVE AT 5 P.M., ON
FRIDAY, MAY 13, 2022, TO SERVE UNTIL THE CURRENT
COUNTY MANAGER SELECTION PROCESS CONCLUDES
AND A NEW COUNTY MANAGER IS SEATED – MOTION TO
APPOINT COUNTY ATTORNEY, JEFF KLATZKOW ACTING
COUNTY MANAGER – FAILED DUE TO LACK OF SECOND;
MOTION APPOINTING AMY PATTERSON ACTING COUNTY
MANAGER EFFECTIVE IMMEDIATELY – APPROVED
MS. PATTERSON: That brings us to our time-certain
Item 10D. The title, obviously, needed to be slightly adjusted, but
on the index is a recommendation that the Board of County
Commissioners appoint an acting county manager effective at 5:00
p.m. on Friday, May 13th, 2022, to serve until the current County
Manager selection process concludes and a new county manager is
seated. Obviously, we're looking to appoint an acting county
manager effective immediately.
CHAIRMAN McDANIEL: Yes. And I actually suggested
that we move this item up from where it, in fact, was so that as we're
moving forward and conducting business, we do have authority to
give to and, in direction to and through our county -- acting county
manager, to our staff.
So with that, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. No, I thought I would
just open up the discussion. I know we've all had conversations over
the last, especially 24 hours about this, and especially my
conversations with our County Attorney, much like a few months
back, maybe even further, when we had this same issue in front of us
to pick an acting county manager when our current manager was out
ill. We had some discussion, and we did pick one because of the
possibility, especially of a legal issue needing a signature that, in
May 10, 2022
Page 24
writing, holds water, and we don't open ourselves up for any legal
problems.
The discussion I wanted to throw out on the table is, I think we
want to make sure that we do this in a very neutral sort of way. Our
two deputies are, obviously, the candidates that I think that -- you
know, if you're already serving as a deputy -- if you are the vice
president and the president is in the hospital or steps aside, the vice
president, you know, steps in. We have two deputies, but they're
both on the final list for the position.
So I think it would be sort of an artificial endorsement if we
picked one by name. And so one of the things I wanted to just throw
out for discussion is, you know, I think either pick the deputy that has
the most seniority in the seat, we put names in a hat and pull it out.
This is only for a few weeks, maybe a month, couple of months. It's
not picking an interim person who's going to serve for 11 months.
But I think if we have some discussion as to who's the most qualified,
we're sort of prematurely doing a job interview right now and maybe
indirectly letting the world know that one of the deputies is 1A and
the other deputy is 1B.
So in the discussions I had with the County Attorney -- and even
with the two deputies who, I want to just say, work together
flawlessly regardless of what happens in the end. We are so lucky
that we're starting to build a much deeper bench in this county.
But I think we -- you know, my proposal would be that we
figure out sort of a non-focused way of sort of picking one over the
other. And initially what I was thinking yesterday is who has served
in the seat the longest right now as a deputy might be a place to start.
There might be some other ideas you have. But I certainly hope we
don't get into a discussion of who's most qualified. We'll decide that
in the interviews that are coming up since -- especially since they're
both finalists. So I just wanted to sort of open up the discussion
May 10, 2022
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maybe with that thought.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. I'd like to make a
nomination that our county attorney becomes acting county manager.
He is a neutral position. He's been here longer than I think -- I don't
want to say how long you've been here. He's worked under several
county managers.
I think he would be more than capable of handling this county.
He has a very strong staff behind him, and I think, as we go forward,
it would keep the selection of the county manager completely
unbiased. I think it's risky business to appoint a candidate for county
manager that wants the job -- for acting county manager that wants
the job. So that would be my recommendation.
CHAIRMAN McDANIEL: And I'm going to call the -- do you
want to second that, or do you want to, or are you going to let me call
it failed for lack of?
COMMISSIONER SOLIS: Okay. Go ahead.
CHAIRMAN McDANIEL: I'm going to call it failed for lack
of a second and then call upon Commissioner Solis.
COMMISSIONER SOLIS: I agree with Commissioner
LoCastro. I mean, we don't want to prejudge anything, and I -- I
don't want this to sound -- I don't know if trite is the word, but I
would almost submit that we have two, obviously, qualified Deputy
County Managers. Two out of three, Rock, Paper, Scissors is what I
was going to propose so that it doesn't become, you know, as
Commissioner LoCastro said, kind of a prejudging of the process.
CHAIRMAN McDANIEL: Commissioner Saunders?
COMMISSIONER SAUNDERS: I don't think this is
prejudging the process. I -- Amy Patterson has served as the Acting
County Manager in the absence of Mark Isackson. I think it's
natural just to have her continue in that capacity as the
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Page 26
acting -- pardon me -- pardon me -- as the acting manager. That
doesn't indicate in any way that I would support her to be the
full-time manager. We still have a selection process, but I just think
that that's just a more logical approach. She's done that in the past
and I think would continue to do that for the next couple, three
weeks.
CHAIRMAN McDANIEL: Do you want to make that as a
motion?
COMMISSIONER SAUNDERS: I'll make that as a motion.
CHAIRMAN McDANIEL: And I'm going to second it.
COMMISSIONER LoCASTRO: I just want to add that by
doing that, I agree 100 percent. So I definitely would vote for that,
but we're doing it for the exact reasons I mentioned, and you --
CHAIRMAN McDANIEL: Right.
COMMISSIONER LoCASTRO: -- built upon, which is not
capability or ability or anything. It's seniority in the seat, and we
move forward with somebody who's, you know, got the time in the
seat. So I certainly would support that, you know, based on those
reasons.
CHAIRMAN McDANIEL: I appreciate you sharing that, but
I -- and I also think it's important for us to say out loud. We're all
grownups here. We're all treading through untrod turf.
We know we're in a selection process. This isn't a -- this isn't a
picking one over the other, over anybody, necessarily. Both of you
are certainly qualified to assume the position.
So -- but we have to pick one, and I'm in support of the motion,
and I think we're going to go forward. So with that, it's been moved
and seconded that we name Ms. Amy as our Acting Deputy -- as our
Acting County Manager.
COMMISSIONER SAUNDERS: Effective immediately.
CHAIRMAN McDANIEL: Thank you for that
May 10, 2022
Page 27
clarification -- effective immediately. 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 there we have it.
Item #6A
PUBLIC PETITION REQUEST FROM LISA SEYMOUR
REGARDING COMMERCIAL LAUNCH PERMITS
MS. PATTERSON: Commissioners, that brings us to our
public petition section. We do have a public petition today, Item 6A.
It's a public petition request from Lisa Seymour regarding
commercial launch permits.
MS. SEYMOUR: Hello. My name's Lisa Seymour. I'm a
little nervous. Very intimidating. But in any case, I'm a small
business owner.
CHAIRMAN McDANIEL: He's the only one you need to be
afraid of.
MS. SEYMOUR: Okay. I'm a small business owner, and I
work full time. This is my brother, Allen Elefterion, and he runs the
day-to-day business. So I am actually going to let him talk on my
behalf. Take it away.
MR. ELEFTERION: Thank you.
May 10, 2022
Page 28
Good morning, Commissioners. Thank you for this opportunity
for this petition. I think our petition is quite appropriate today
because everything -- all the proclamations this morning was about
safety, and we are in the safety business as well in our boat business.
So thank you for hearing us this morning. And our petition is about
commercial-use passes.
I suspect that it was the intention of the County Commissioners
when they approved the current 200 passes to be approved for
businesses to be just one pass per business. And that was, I think, to
keep it in fairness to other businesses that one company doesn't take
up all the passes.
So I also know that if you had, say, five or 10 passes the year
before and the year before that, that you were automatically approved
for so many as well. And we kind of fall in the -- in between that,
and here's our story.
Our company, Go Cats on the Water, was operating out of a
marina right under the Goodland Bridge called the Lucky Lobster
Marina. And I have a picture here I would like to throw up on the
board. Does anybody -- they said they could possibly put it up on
the board for you.
COMMISSIONER TAYLOR: Put it on the visualizer.
CHAIRMAN McDANIEL: Do you want to help, Amy, please?
MR. ELEFTERION: Okay. So that is a picture of us in the
Lucky Lobster Marina, all of our boats on floating docks, and this is
how we operated since 2020. And we never intended to use the
county parks to launch our vessels, because we're more of a company
that would like to work out of a marina, and we want to work out of a
marina. It's just Mr. Walker of Walker Marine actually purchased
our marina recently, and then we were told that we had 30 days to
vacate. So it kind of made us homeless.
And we are on every marina list within an hour of Marco Island
May 10, 2022
Page 29
waiting for marina space, but until then, the only way to keep our
business open would be to use the county facilities, the county boat
park, and operate out of that.
When the county representative, Melissa, called and said -- you
know, we were on the waiting list for about 45 days for a county
pass. And when she called us, I was thrilled to see that we could
finally get a county pass. And we were issued only one. And as
you can see by the picture, we have 12 vessels, and they're all
two-man vessels. So it's kind of really hard and really unsafe for us
to board people on one vessel and do our boat tours.
So I tried to get creative. And this is the second picture here.
So this is at the county boat park in Goodland. And the first vessel
right there is our authorized vessel. So we were authorized one
vessel. And then I lined up our other unauthorized vessels, if you
will, next to that so people could board the authorized vessel and then
walk right to their vessel, and we could go on the boat trip, thus
keeping safe.
The head ranger at the time said this was not authorized, and we
could not do that; that we had to have a pass for each and every
vessel.
So now we board one vessel, and we moor those other vessels
out about 100 yards, and we take people two at a time to our moored
vessels. That's the only way we can do business right now. And
our average age of our clients -- these are kind of like jet skis for
older people, all right. They're very fun. They're very exciting.
We paid about $50,000 in state taxes last year just to let you
know how much business we do in Collier County. And it was -- it's
kind of difficult loading them on one vessel and taking them out on
the moored vessels.
So we kind of fall in that abyss of we were not doing park
business in 2020, 2021, or 2022. So we didn't ever have any passes
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to renew. We are -- we are not a new business. So what we're
asking is for some consideration, some special consideration for five
more boat passes in order to load people safely on our vessels and,
therefore, you know, with the theme of the day, having safety first
and also, if we didn't leave out of the boat park, we would actually
have to shut down our business completely. And we thank you for
the one boat pass, but I'm asking for consideration for five more.
And that's about our presentation, and I thank you for hearing
us.
MS. SEYMOUR: Thank you.
CHAIRMAN McDANIEL: And just to -- before you go away,
I'm sure there's going to be some comments and maybe even come
questions.
Commissioner LoCastro is lit up. But I just wanted to share
with you and for edification for everyone, we don't traditionally make
decisions at this stage. This is presentation of information that you
folks have an issue with our county staff. We, then, typically give
direction to the county staff, if it's warranted, for action to be taken,
and your circumstances to be brought back to us during a regular
public hearing where all parties that could be impacted by our
decision, in fact, were party to it. So just so you -- just so you're
aware of the process. I'm not sure that that was explained to you.
MS. SEYMOUR: No.
CHAIRMAN McDANIEL: And, again, just to remind you, the
only one you need to be fearful of is him, and so I'm going to call on
him now. Commissioner LoCastro.
MS. SEYMOUR: How about a free ride?
COMMISSIONER LoCASTRO: See, that wasn't that scary.
We've traded notes before and whatnot, so this isn't a new topic.
Here's what I will tell you: In preparation for this meeting, I've met
extensively with Parks and Rec. Yesterday Mr. Rodriguez, who,
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you know, obviously, has moved to being a deputy, but is one of the
most experienced people in all of the improvements we've been
trying to make. We spoke with Melissa.
So here's what I will tell you: There's some already -- some
things already in motion to negotiate and talk with you, but here's
where I want to set the table a little bit. We've been very pro
business here as far as fairness. We could have done a lot of things
that put a lot of people out of the business, and the law supported us
doing that, whether it was the Marco Island city ordinances that really
could have shut down all of Caxambas. We didn't do those things.
But a few other things. We're trying to be fair to all the businesses.
You do fall in the abyss, right? Because you didn't have
permits and there's a -- you know, you're not the only business. And
so it almost seems like everybody that comes to me that sort of falls
into the abyss has a big, special story and whatnot, and it holds water.
I get it; this is your business. But we're also trying to find
consistency, and we have found a lot more fairness and consistency
across the board. It might not feel it to you, but I can tell you, to
other businesses, even some of the ones we squeezed a little bit that
had excessive permits or were doing things that weren't legal,
authorized, safe, and all that, so that across the board we can have a
much better setup, it actually was fellow business owners that
brought your business to my attention because they felt like they
were coloring within the lines.
And some of the things you had been doing for years that maybe
nobody questioned, finding a little launch area at the base of the
Goodland Bridge and doing some other things in some other launch
areas, it upset some of your competitors because they were being
forced to do certain things that they hadn't done for years but, you
know, they were trying to comply. And, of course, just as business
owners do, when they sort of look at their competition, it wasn't a
May 10, 2022
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matter of throwing you under the bus, but it was a matter of bringing
to our attention, hey, you've got more than a couple of businesses
working around the system who sort of found a loophole -- that's
really a bad term for you-all, because you did have precedence in sort
of what you were doing.
The reality is, that really wasn't something that was approved,
legal. It was working fine for you. Nobody was saying anything.
The reality now is we're saying something. We're trying to get a
handle on where people are launching, how many boats they're
launching. You have to actually have a permit now. We're not
looking the other way the way that we did.
And also, too, the way things affect the environment. Some of
the places that business owners like yourselves have discovered
where they can sort of launch and maybe, I won't say, you know, get
around some of the boat parks and the long lines and the rules, we
have had some damage. I'm not pointing fingers at your business.
I'm talking more generically. But, you know, when you launch a
whole bunch of boats from sort of a beach launch or a marina that's
not really a marina or something that has mangroves and manatees
and a lot of things in the area.
Some of the reports we got back from not only business owners
but from environmental groups was you've got an area that's working
for a couple companies, but it doesn't look very good.
In summary, here's what I will tell you: We're not voting on
anything here, but the homework assignments and the discussions
that Mr. Rodriguez and I spoke about yesterday will start the
conversation with you-all so we can find some sort of common
ground. We're not trying to be, you know, ogres or the Grinch or
whatnot.
But also, too, remember, if we set a precedence saying, oh,
you're special, here's your five permits, I'll have 10 other companies
May 10, 2022
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here making proclamations.
At some point we have let the parks and boat launches go so far
that to pull them back and get them organized, it's hurting a few
people, and you're one of those companies. We're not trying to do
that on purpose. But also, too, we're not trying to sing aloud, you
know, a few companies and say, oh, well, they're special or they
missed the boat. They didn't have permits for the last two years for a
reason, but they're not a new business.
According to the decisions we made here on permits, if you
hadn't been permitted last year, it didn't matter if you had permits two
or three years prior, you didn't -- and that's the abyss. But you're one
of a handful of people that fell into that.
Having said that, Parks and Rec is going to reach out to you.
There's a little bit more to the story. You don't have 40 minutes to
talk about everything. We know the full story; you do as well. Let
them speak with you, and they will. And we'll figure out what we
feel is the best and most fair thing. And in the end, it might be
something you don't love, but it's better than maybe it is right this
second, and it might be something that, necessarily, we're not
prepared to do for every single person, but if we feel like this is a
special case -- but Dan and I had a great conversation yesterday to do
a deeper dive into what is possible.
So I would ask for your patience and your indulgence. They're
going to get with you. I would hope immediately -- I mean, that was
our discussion yesterday -- so that we can really get you guys back on
track as best as we can so that you are operating legally with our
authority and also, too, that we're not giving ammunition to your
competitors saying, oh, you know, oh, there's that one company that
sort of got a special deal or whatnot or knew a commissioner or, you
know, came to the podium and, you know, got whatever they wanted
and whatnot. Because we are trying to be fair even if that means,
May 10, 2022
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you know, a couple of companies are squeezed more than they had
been in the past when we weren't looking as much.
So that's my pledge to you, and we've already set those wheels
in motion.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I just want to make sure I
understand how you got to where you are. You were aware that you
needed a permit, right, and you got one?
MR. ELEFTERION: Yes, sir.
COMMISSIONER SOLIS: But you didn't get -- you didn't get
one for each boat?
MR. ELEFTERION: That's correct.
COMMISSIONER SOLIS: You could have.
MR. ELEFTERION: No, sir.
COMMISSIONER SOLIS: At the time you got your one you
could have, right?
MS. SEYMOUR: No.
MR. ELEFTERION: No, sir. They -- they actually pointed
out the commissioners' orders to give one per business, no matter size
the boat was. Whether you had a 50-passenger vessel or a
two-passenger vessel, only one permit was to be given out.
COMMISSIONER SOLIS: Mr. Rodriguez?
CHAIRMAN McDANIEL: And --
COMMISSIONER SOLIS: I just want to make -- I don't want
to get in too much of a discussion --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: -- but I want to understand the
facts as they lay out.
CHAIRMAN McDANIEL: Sure. I understand. Yes, sir.
MR. RODRIGUEZ: Sure. Commissioner, at your -- I believe
it was your February 22nd meeting, you capped the limit of number
May 10, 2022
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of permits that county staff would issue --
COMMISSIONER SOLIS: Total?
MR. RODRIGUEZ: -- in total, but also you limited -- after
grandfathering those that came forward during that grace period, you
limited one permit to -- not issuing any more permits to existing
commercial operators. And the idea was to reserve -- I believe we
have 15 tickets -- or permits remaining for any new businesses, the
startups and whatnot.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: A couple questions and a
comment. Are these -- looking at your pictures, you said these are
two-person vessels. Is this a jet-powered -- like a jet ski?
MS. SEYMOUR: They're 30 horsepower -- 30 horsepower.
CHAIRMAN McDANIEL: They've got outboard motors on
them.
COMMISSIONER SAUNDERS: They have -- okay.
MR. ELEFTERION: Yeah. They have outboard motors on
them. They're 30 horsepower.
COMMISSIONER SAUNDERS: You described it as sort of
jet skis for the elderly.
MR. ELEFTERION: Jet skis for old people, yes, sir.
MS. SEYMOUR: Boat carts on the water.
COMMISSIONER SAUNDERS: I know one thing we all try
do is avoid absurd results, and right now we have an absurd result.
You've got -- you board on one boat, take them out to the other boat,
and then come back and pick up two more, and -- which makes no
sense at all.
MR. ELEFTERION: It doesn't make any sense, yes, sir.
COMMISSIONER SAUNDERS: I guess a question for
Mr. Rodriguez: When you issue a permit for a jet ski operation,
May 10, 2022
Page 36
which are basically two-person vessels, do you issue a permit for
each jet ski, or do you issue a permit for the jet ski operator who then
launches three or six or eight jet skis?
MR. RODRIGUEZ: If I may, let me get the interim director of
parks, Olema Edwards, up to answer that.
MS. EDWARDS: Good morning. Olema Edwards.
We issue one trailer -- well, one permit per trailer or per vehicle
if you have multiple, like, jet skis and stuff. So it's for the trailer.
COMMISSIONER SAUNDERS: So if you have a six-jet-ski
trailer, you issue one permit, and they can launch the six jet skis.
Can they go back and pick up six more and continue to launch?
MS. EDWARDS: No, it's just for that trailer. So if their
trailer holds six jet skis, they get a permit for that.
COMMISSIONER SAUNDERS: And if they want to do two
loads, they'd have to have two permits, then?
MS. EDWARDS: Yes, sir.
COMMISSIONER SAUNDERS: I know we don't make
decisions, and I respect the fact that there's going to be some
conversation, but I guess my message would be, we do try to avoid
absurd results, and this is one of those. So if there's a solution, it
would be nice to find that solution that legitimizes what they're doing
without having to --
MS. SEYMOUR: Go out of business is what we're headed for.
COMMISSIONER SAUNDERS: Yeah, understood.
So the question becomes timing. Obviously, we're in the
slower season, but I assume business is probably still pretty good.
MR. ELEFTERION: It is, yes, sir.
COMMISSIONER SAUNDERS: So if we can get a resolution
fairly quickly, I think that would be --
COMMISSIONER LoCASTRO: The only thing I want to --
CHAIRMAN McDANIEL: One second. Just one second --
May 10, 2022
Page 37
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN McDANIEL: -- because I have a comment as
well.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. After speaking with
Deputy County Manager Rodriguez, I think there's a very strong
reason why this particular -- there's hesitancy on the part of the staff
to give this particular entity further -- further freedoms and to bend
the rules a little bit. And I think Commissioner LoCastro eloquently
and subtly suggested the same. So I suggest we all have in-depth
conversations with our staff and come to a decision.
CHAIRMAN McDANIEL: Well -- and I similarly was going
to make a recommendation. When we talked about this yesterday, I
said, we have a process. We have a parks and recs advisory
committee that I think ought to be hearing some of the evidence
behind the request for additional permits all the way across the board.
Commissioner Saunders brought up an interesting point, you
know, with regard to the limitations on the jet ski businesses and the
multiple vehicle trailers that are allowed to come to our parks.
I suggest that we follow the process, the system that we have in
place. The evidence should be presented to our advisory board, and
then recommendations coming from them and our staff at the same
time. And then at some point in the very near future -- we can do
this fairly quickly. And we meet every two weeks so -- relatively
speaking. There's an extra one in there once in a while. But bring
this back before us so that anyone who's impacted by the decisions
that are forthcoming or recommendations of staff have an opportunity
to weigh in.
I actually liked your idea of stacking them up -- having your
legal boat at the dock, and then stacking them out of the way and
allowing people to go. That seemed to me to be a decent way to be
May 10, 2022
Page 38
able to get through the process. Unless you're tying up the -- again,
I'm not there. I'm just seeing all this from an outside perspective.
COMMISSIONER TAYLOR: Blocking the channel, perhaps.
CHAIRMAN McDANIEL: Well, that's a big channel. And
I'm -- and, again, what's the difference between those six boats and a
30-foot boat that could be there by one of my buddy's that's going
offshore fishing? And so there's arguments and discussion here
we're not going to have anymore unless Commissioner LoCastro
wants to. But that would be my suggestion, that we move through
the system and use the process that we already, in fact, have.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. Just the one thing. I
don't want to get lost in the details here. And it's not to start an
accusatory back and forth. But when it comes to fairness, at a time
when permits were required but we weren't looking very hard, but we
are now, companies like yours got the permits whether we were
looking or not.
In your particular case, the reality is you should have been
keeping those permits all along. You were operating a very
successful business, coming and going out of different areas, some
areas that it's arguable whether you should have been operating you
out of there. The base of the Goodland Bridge, is it a launch? Is it
not? And the staff is going to talk to you about those things.
But if you would have maintained permits properly, whether we
were looking or not, the way most other companies did, that's why
most other companies didn't have a problem, because what we
decided here was if you already had permits last year, you were
grandfathered in and got permits. You fell in the abyss
because -- you know, partly because we weren't looking, partly
because your business was successful.
But having said that, we don't have a time machine, we don't
May 10, 2022
Page 39
have a crystal ball, we're not trying to go back, we're not trying to
kick you out the door and take food off your table. But also, too,
there's a lot of people operating out there and people that were doing
it with permits before we were looking, now that we're looking, and
so, you know, some of the -- some of the abyss wasn't bad policy.
Some of it is on you-all, you know, kind of moving forward and
doing great things with your business but not sort of following, you
know, county procedures.
Having said that, we're going to work with you and figure out
what's the safe and most fair thing. But also, too, in the end,
whatever gets decided, I'm really counting on you guys to abide by it.
And it may look a little different than the way you've operated before.
There's several companies out there that are operating much
differently now because they have to.
So, you know, I'm holding you to work with us, you know,
accept whatever gets decided here with as much flexibility as we can
without overstepping our bounds that basically disrespects the other
companies that have been sort of coloring in within the lines and, you
know, we'll come up with what we think's a fair and enforceable, you
know, solution, and eliminate a lot of ambiguity right now as far as
where you should be, where you shouldn't be, and all those things
right now that have come to my attention that we want to -- we want
to, you know, squelch.
CHAIRMAN McDANIEL: With that, thank you very much for
coming and --
MR. ELEFTERION: If I could just have one more kind of a
comment on what the commissioner said.
So we were operating perfectly legal at a marina when we were
given a 30-day notice to get out. At that point we put in immediately
a request for park passes. We were told that there was no park
passes to be issued until the Commission approved more.
May 10, 2022
Page 40
So we were in a point where we were out of a marina and no
park passes could be issued, would be issued at all. And so we were
forced to make do, if you will, and work from that county roadside
under the Goodland Bridge. So it was not our intention to do that.
We were in that area where we were perfectly legal at a marina,
would have loved to buy a boat park pass but was not able to, and we
sat on the waiting list for 45 days. And so we are all about
compliance.
COMMISSIONER LoCASTRO: We'll figure it out. But the
base of the Goodland Bridge isn't a marina, and we're about to put
signage there that will complement the signage we put there a month
ago that said no overnight camping. It's now going to have specifics
about how that's sort of -- you know, it's not a marina.
MR. ELEFTERION: Right.
COMMISSIONER LoCASTRO: And so -- and, you know, it
can't be a workaround for, you know, people that go to Caxambas,
see a line of trailers and go, eh, we have small boats, we'll sort of
launch. So I appreciate you sort of found a workaround, but that
workaround isn't acceptable.
MR. ELEFTERION: Well, it was either that or close down the
business.
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN McDANIEL: And we're done. Because we can
go forth and "he said, she said" all day long. That's the not process.
MS. SEYMOUR: Thank you so much.
MR. ELEFTERION: Thank you.
CHAIRMAN McDANIEL: We do have a system. Work
through the system, and we'll see you in a couple of weeks. And
hopefully not. Hopefully we'll be able to make our resolution and
take care of this, so...
MS. SEYMOUR: Thank you for listening.
May 10, 2022
Page 41
CHAIRMAN McDANIEL: Yes, ma'am. Yes, ma'am.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Commissioners, that brings us to Item 7,
public comments on general topics not on the current or future
agenda.
MR. MILLER: Mr. Chairman, I have three registered speakers
on this item. Your first speaker is Rae Ann Burton, and she will be
followed by Nancy Lewis.
MS. BURTON: Good morning, Commissioners. It's been a
long time.
There is concern as to how the GAC is being handled. Last
meeting three parcels were on the consent agenda, and even though
there was opposition on these sales where emails were sent to the
Board and even a speaker against all requesting removal and review,
it was not.
Now, there's a GAC board meeting this week which, if one
wasn't searching news releases on the city website, one wouldn't
know. Sorry, but posting on the Naples News doesn't reach enough
people. This coming meeting doesn't even have an agenda that I
could find even after researching after a member of the Board posted
it on Nextdoor. It is shown on the calendar, but no agenda.
The GAC Trust concerns [sic] the rural urban and estates should
have more input from those it concerns. Consent approval or
summary should not be used regarding any restructuring, rezoning, or
the GAC sales. This by-steps any input or discussion from the
public and makes them automatic approvals.
May 10, 2022
Page 42
Please refrain from passing such vital important concerns on the
agenda anywhere but on the regular agenda itself. Thank you.
MR. MILLER: Your next speaker is Nancy Lewis. She will
be followed by Elizabeth Radi.
MS. LEWIS: Good morning, Commissioner McDaniel, County
Managers. For the record, Nancy Lewis, District 2, North Naples.
This morning I'm here on behalf of 35 Naples Park residents
who reached out to me to request help with a code enforcement issue
after their attempts and their voices seemed to be ignored. A
temporary-use permit was issued by the county to a county contractor
working on the Public Utilities replacement project in Naples Park.
Concerned residents contacted the commissioners' office and
filed two code enforcement complaints regarding a violation of the
use permit. The first was closed. The second filed on April 12th
remains under investigation with no listed inspection.
I spoke with Jamie French with regard to it, and he indicated he
shared the video with the County Manager and, as department head,
could do no more than -- because of the use permit and directed that
Code Enforcement not pursue the investigation; just to leave it open.
I'd like to share a part of that video.
(A video was played as follows:)
"That's industrial. This is residential. This is residential."
(The video concluded.)
MS. LEWIS: Transporting industrial debris potentially
hazardous -- potentially hazardous debris to a privately owned
residential lot and breaking it down before transporting it off site is a
violation of the development law and of Mr. Higgins' contract.
Mr. Higgins is being paid to remove the old pipes and dispose,
not break them up on the site. As per the contract, payment of
removing and disposing asbestos concrete pipe will be made at the
appropriate price, including testing and air monitoring.
May 10, 2022
Page 43
Code Enforcement is entrusted with enforcement of the
development laws and the safe and -- sorry -- health and safety of the
residents. According to the Land Development Code, temporary-use
permits are not only to describe the proposed use but also their
impact on adjacent uses and their compatibility with surrounding
properties. The permit contained no such application language, was
issued on vacation -- on a vacant residential lot in a residential
neighborhood, and is being used for other than development laws.
In order to re-establish the public safety and welfare of these
residents, this temporary-use permit should be revoked now. This
activity needs to be stopped.
Thank you, and I'd like to present the petition and
correspondence for the record.
CHAIRMAN McDANIEL: Thank you, Nancy.
Commissioner Taylor, do you have a question for her or staff?
COMMISSIONER TAYLOR: Yes. Chairman McDaniel, I'd
like to request that you request, or Madam County Manager, to
us -- Jamie French to come up and explain what is going on here,
please. But that's up to you, sir, so I'm going through you.
CHAIRMAN McDANIEL: I think it certainly deserves some
explanation over and above decisions are being made and
representations are being made by the public, and I know this hasn't
been done in a -- in a vacuum by any stretch of the imagination.
Thank you, Nancy. We're all good. You can submit your
things to the court reporter there, and then we'll go.
MR. FRENCH: Good morning, Commissioners. For the
record, Jamie French, department head for Growth
Management/Community Development.
Ms. Lewis brought this to my attention at your last board
meeting, and I did have an opportunity to take a look at it, and I've sat
with Mr. Ossorio and with Ms. Jaime Cook.
May 10, 2022
Page 44
The temporary-use permit, this is -- it was issued to the
contractor. The contractor is leasing the property. I think, perhaps,
maybe I was a little misunderstood or misquoted. We are actively
monitoring this site. And this is consistent as identified as an
allowable use within your LDC. They are not industrial -- they're
not doing industrial work here as far as crushing and milling.
There's no crushing on site.
CHAIRMAN McDANIEL: Just one quick question. Where is
it at? Where's the site at?
MR. FRENCH: I believe it's off of 109th.
MS. PATTERSON: Naples Park.
MR. FRENCH: Naples Park.
CHAIRMAN McDANIEL: Naples Park.
Please, this is not a time for -- we've closed the public hearing.
Where is the site at? Naples Park's one square mile.
MR. FRENCH: Naples Park. It's on a residential lot off of
109th.
CHAIRMAN McDANIEL: Okay.
MR. FRENCH: And the property was leased -- this
is -- Commissioners, this is no different than any other road project
that you have -- you've approved throughout the county. This is
pretty intense, and we have -- we continue to have conversation.
Now, the site is clean. And based off the contract you approved
and based off of just Florida contracting law, the contractor is
required to have liability insurance. So in the event that there's any
damages that are done to neighboring properties -- and it was brought
to my attention that I think a couple of neighboring properties that it's
mainly affecting are, perhaps, some short-term vacation rentals
which, clearly, that's an allowable business within that community,
and they're probably struggling in marketing that while this
construction is going on.
May 10, 2022
Page 45
But the site is clean. We monitor it on a regular basis. We
work closely with our capital group such as Public Utilities. I've had
numerous conversations with the director of engineering for Public
Utilities as well with our stormwater staff.
So this project is well underway. But based off the temporary
use and based off of your Land Development Code, this is
allowable -- administered at our office, an allowable use as identified
as a temporary-use permit.
CHAIRMAN McDANIEL: Okay. Now, the -- is this a
residential lot that we're allowing people to bring construction debris
to and crush it and take it off site?
MR. FRENCH: It's not being crushed, sir. It's brought in. It's
being separated.
CHAIRMAN McDANIEL: It's offsite construction debris
being brought to a residential lot?
MR. FRENCH: That's correct.
MS. PATTERSON: Commissioner, if I can help a little. This
is the Naples Park utility renewal project.
CHAIRMAN McDANIEL: I understand.
MS. PATTERSON: It is a joint stormwater, water, and
wastewater project. So the street they're working on is where they're
handling this material. The streets are being ripped up, sidewalks,
drainage, all to be fully replaced. And this is now -- and they're
moving their way through Naples Park in a similar fashion.
CHAIRMAN McDANIEL: And are they going to continue to
use this lot for the next street down?
MR. FRENCH: No, sir.
CHAIRMAN McDANIEL: Okay. Where are they going to do
this operation -- you know what, I'm asking -- Commissioner Solis,
please.
COMMISSIONER SOLIS: Thank you. Well --
May 10, 2022
Page 46
MR. MILLER: On your mic.
COMMISSIONER SOLIS: I'm sorry.
I just wanted to make it clear, I mean, this is part of the PUR
project. I mean, this is pulling up the roads, all of the storm drainage
and sewer lines and water lines.
You know, I've talked to staff about this. I mean, there's no
easy way to do this, to rip up the streets, to pull up the sewer lines
that are sometimes eight, nine feet down.
As I understand it -- and correct me if I'm wrong,
Mr. French -- that as this project has been moving its way through
Naples Park -- and now we're kind of going from one end to the other
so we're not burdening some people with construction throughout,
right? I mean, we're doing it in stages now.
There has to be a place to stage this to get it out of there so
that -- they have to pull out the street. They have to stage it. They
have to do the work. I mean, as long as the staff is monitoring it and
it's within some parameters.
I do feel bad for the folks that live there. I mean, it is -- I feel
bad for everybody that lives on the streets that are getting dug up, but
there's no alternative. I mean, there's no alternative to doing it this
way. And I know the staff has worked very, very hard over the last
four or five years to refine the process and to make what is a really
messy, loud, smelly, sometimes, project as easy as it can be given
that it's such a messy thing to do.
So as long as staff is looking at it, making sure that the
contractor's doing what it needs to do, I just don't know what there is
that we can do about it. It's unfortunate. If there is some other
alternative, you know, that we can figure out on how to stage this -- I
mean, we've staged -- as we did other parts of this project, we
staged -- we had -- they had to stage it somewhere, and so they've
used other lots within Naples Park to do this in the past, right?
May 10, 2022
Page 47
MR. FRENCH: That's correct, sir. And so you know, as they
complete this project, it would be very counterproductive for them to
pave a street and ready to have it sign off as done only to run that
equipment back down that finished road to start staging from
another -- and, you know, basically tearing up what they just built.
So they will look for other locations that are closer to the site.
COMMISSIONER SOLIS: But the fact remains that it has to
be staged. I mean, there's nothing -- you know. But I think we can
always try to be more understanding of the residents. And if
there -- I know the staff is looking at whatever can be done to make it
less painful.
But, you know, it's easy just to say we have to stop doing this,
but we have to finish the project. I mean, we have to. It's clay pipe
and all sorts of things that are causing us issues.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: So I'm aware of this issue, but
I -- it's been five years working in the neighborhood?
MS. PATTERSON: It's been longer than five years. We're
probably about the -- approaching eight to 10 years in the
neighborhood, and we're accelerating these streets as quickly as
possible. We were removing two streets a year. We're attempting
to move four streets a year now to get out of there.
And every street -- and Commissioner Solis has been with us
most of the way. Every street we work on, we attempt to make
improvements to the process to handle it and the things that we learn
in a better way. Really no different than the West Goodlette project.
The lessons that we learned in Phase 1 of West Goodlette, we'll take
into Phase 2. It's a very intensive construction. It's very, very
difficult. But in the end, they're going to have brand-new
infrastructure in place.
COMMISSIONER TAYLOR: So you have been using
May 10, 2022
Page 48
residential lots to stage on throughout this entire project?
MS. PATTERSON: We can get back to you on the lots that
have been used in the future [sic] phases. I don't know that they
were all residential but, yeah, that's a residential area. They're
residential lots that are used to stage. It's the same as west
Goodlette. We used --
COMMISSIONER TAYLOR: I don't remember this ever
coming to us.
MS. PATTERSON: No, because people understand. There's
been extensive public outreach. There's been a lot of complaints
about this project over the years.
COMMISSIONER TAYLOR: Oh, the complaints, yeah, but
not this issue of staging.
MS. PATTERSON: Specifically staging, not that I'm aware of,
but we can look back and see if there's been issues in the past. And,
again, as Commissioner Solis alluded to, we'll continue to work with
the residents and with the staff to ensure monitoring occurs. We'll
address their complaints to the extent that we can. But there are not
choices because of the intense amount of infrastructure that has to be
removed in order to replace it.
COMMISSIONER TAYLOR: So it would be precluded from
the contractor to have a truck that he dumps this stuff into and take it
off site to a proper place where he can crush it and take care of it?
MS. PATTERSON: I don't think that that's feasible. You're
ripping up entire roads as well as pipes and storm drains. They have
to be managed in a way that they can even be trucked off. This
is -- we're not attempting to crush them or process them but simply
get them into a fashion that they can be removed. So, I mean, you
have to think about the amount of infrastructure in play here. It is
everything in the ground as well as the streets.
COMMISSIONER SOLIS: But they pull it up, they move it,
May 10, 2022
Page 49
they stage it, and then they put it in the dump trucks, and they haul it
off. It's not, you know, the situation where we had the rock crushing
as an operation. It's just -- it's a staging area where big pieces of
pipe and things have to be, you know, staged to get out of there and
removed.
MR. FRENCH: But also, Commissioner, if I might, they're
required to have a laydown area as well, because as new material
comes in, you're not going to want to block up streets, especially
during high traffic patterns. So they need an area to lay those new
culvert pipes. They need an area to stage that concrete and the dirt
in order to complete their project.
And these guys do this -- so you know, we do have conversation
with the contractor, and as a result of that, there has been an effort to
clean up the site. And we'll continue to monitor it. As I indicated
to Ms. Lewis, I recognize that the case was opened and closed, but
we opened another case, and we leave it open so that way a code
enforcement officer's by there every day. So we do have staff in the
area, inspectors, regular code enforcement officers, but they've got a
directive -- there's an edict from my office to go by there and look at
that site every day.
CHAIRMAN McDANIEL: And I'm going to say this out loud.
And for those of you that don't know, I used to load dump trucks for
a living.
There are ways to manage this that don't require staging up
construction debris on a residential lot. It all ends up being a cost
associated with the job.
Now, we have to be careful if we start messing with the contract
that's already in place with regard to the amount of trips that a
contractor makes when they're removing the debris out and where
they're, in fact, hauling it and what they have to do and so on and so
forth.
May 10, 2022
Page 50
But I think this screams a systemic flaw that we have
countywide in allowing a temporary-use permit to go on a residential
lot. I mean -- and I apologize, feel bad for the folks that live close,
but if I were one of those houses that were right around on the other
side, I think I'd have an issue with this.
COMMISSIONER SOLIS: True.
CHAIRMAN McDANIEL: So all that being said, I think,
personally, we should investigate the system with regard to the
allowance or the issuance of a temporary permit for management of
construction debris on any residential lot. Because this is going to
happen. I mean, we're talking about a subdivision that's been there
since 1942 with clay tile --
COMMISSIONER SOLIS: Palm River's coming.
CHAIRMAN McDANIEL: Well -- and Lakewood, and pick a
division that was built back in the '70s. Lely, the old Lely and such.
So I think we need to have a look at our entire system to ensure
that this doesn't continue to fester throughout the entire county,
number one.
And then two, have a look at the contract that we
have -- contractor and the agreement that we have, find out if there's
a deviation or something that we can do to compensate them to stop
this practice and take it to a more suitable site for that distribution
and/or just -- it may be just a few more extra trucks. When you're
actually loading and putting material in a dump truck and it's coming
out of the ground in an unusual fashion, you don't get the most
amount -- it's not the most efficient methodology for actually loading
a truck.
And I saw what they were doing. They were loading a truck
with a loader on the site from material that had been brought in and
breaking it up and such so that they got more in a load.
Now -- and just one other little suggestion before I come to you,
May 10, 2022
Page 51
Commissioner Saunders. There are laws with regard to backup
alarms. They can be baffled. They don't need to be audible three
miles away like they are now when they come off the assembly line
for the equipment. You can baffle it. It has to be audible to
the -- to a person standing over the drone of the motor that's actually
operating.
So you can really reduce a lot of the impact on the neighborhood
by baffling those backup alarms still being safe at the same time and
not violating law. So that's one -- that's one little -- because, again,
I've operated in close proximity to folks' homes before, and that was a
practice that we did do that was quite successful and helped a lot of
people not have to deal with the noise, Mary.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I don't disagree with
anything, Mr. Chairman, that you just laid out, but I do have a
question in terms of this particular lot, and I assume that it's fairly
typical. How long does this operation last on a particular lot?
You've had some experience in that neighborhood so just, wild guess,
how long does it usually stay in one particular location?
MR. FRENCH: So the temporary-use permit is good for one
year, and it's based off of 5.04.03, and it deals -- it speaks not just
about road construction and infrastructure. It also talks about if you
had an infill lot and you wanted to stage to build a lot on a lot next
door. So it's all for all sorts of construction. But they have the
ability to extend it a year. We don't believe that there will be an
extension filed. And they've got a few months left on this particular
road.
COMMISSIONER SAUNDERS: So in your experience in this
neighborhood, these lots -- these individual lots can be used -- have
been used -- not what they can be used, but have been used for up to
a year so that this type of noise goes on for that long a period of time?
May 10, 2022
Page 52
MR. FRENCH: This type of noise for the demolition part,
probably six to eight months, sir.
COMMISSIONER SAUNDERS: Okay. The reason I ask that
is if it was a two-week or three-week thing, that's one thing. But
now you're talking eight months to a year and possibly a second year,
so that's pretty intrusive in a neighborhood. Any contract can be
modified, so it's not a question of can changes be made. It's just a
matter of the two parties negotiating whatever increased costs there
would be. But that's a factor as well, though, how much more would
it cost.
CHAIRMAN McDANIEL: It may take two dump truck --
COMMISSIONER SOLIS: And the time.
CHAIRMAN McDANIEL: -- loads, and the time associated.
COMMISSIONER SOLIS: One of the issues is the time that
it --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: You know, it can be a
double-edged sword. It was like the replacement of the bridges and
when that started. Yeah, if it takes longer, then the construction
takes longer, and they have to live through it all. It's a double-edged
sword.
CHAIRMAN McDANIEL: It certainly is.
Commissioner Taylor.
COMMISSIONER TAYLOR: As we look at this for the long
haul, I really would like that information on how many times have
people complained about the staging on these lots. Not that their
street has been torn up or anything, but I think it's very important
information.
MS. PATTERSON: Absolutely.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: I mean, when we're going through
May 10, 2022
Page 53
these things, construction is inevitable, and there's an inconvenience
for everybody as it's coming along, and I assume we're abiding by the
hours of operation --
MR. FRENCH: We are.
CHAIRMAN McDANIEL: -- within the LDC and so on and so
forth, so -- and I don't know who -- I want to be careful about
amending the contract that we currently have. I don't want to -- until
we do further investigation, I would rather we focus our energy on
not continuing this practice of these temporary-use permits in a
residential area first and then move forward on looking at different
ways to consummate the -- or adjust the contract.
COMMISSIONER TAYLOR: Or bring them back and have a
full public airing of a temporary-use permit to allow --
CHAIRMAN McDANIEL: No, we don't even -- I think if we
just --
COMMISSIONER TAYLOR: -- construction material in a
residential area.
CHAIRMAN McDANIEL: -- stop doing that as a practice, that
would be a huge start, so...
MR. FRENCH: Commissioners, we'll work with the County
Attorney's Office, as we always do, and if we have to do an LDC
amendment and take that through the process, it will certainly make
its way back to you for consideration.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: County Attorney?
MR. KLATZKOW: It's a bidding issue. You put this project
out to bid. These are the parameters. I have no doubt that these
parameters included this staging area. If the Board of County
Commissioners wishes that this practice stop, we can do it on a
going-forward basis. You'll have an increased cost to all your
construction projects, but the residents won't be quite as impacted.
May 10, 2022
Page 54
So the next time a project like this goes out to bid, the staff
should take a look at alternative methods other than staging
something like this in a residential area.
CHAIRMAN McDANIEL: Agreed. It's a matter of contract.
Like Commissioner Saunders said, it's a matter of adjusting the
contract and our shift on the policies of allowing for this to be -- to be
conducted in a residential area for that long a time. If it's a couple of
weeks here and there, I mean, that's one thing. But this is -- this
potentially, as Commissioner Saunders said, could go on for two
years, so...
And there you have it.
MS. PATTERSON: We'll bring back information to you.
We'll gather some information on these projects. As you had
indicated, we do have several of these neighborhood projects in
various stages of design, so this will be something that we can look at
for consideration and what those implications are to the costs of the
projects.
CHAIRMAN McDANIEL: Sure. I think just a holistic -- and,
you know what, we'll talk offline.
MS. PATTERSON: Yep, absolutely.
CHAIRMAN McDANIEL: We've burned enough oxygen on
this subject, so...
MR. MILLER: Mr. Chairman, we have one more registered
speaker under Item 7, and that is Elizabeth Radi.
MS. RADI: I would actually like to speak during the 60-day
ordinance. I understand that there was time ceded to me. I was --
MR. MILLER: You registered in both locations, Item 7 and --
MS. RADI: Yeah, I was told that --
MR. MILLER: -- 10A.
MS. RADI: I was told that time could not be ceded to me
during public comment.
May 10, 2022
Page 55
MR. KLATZKOW: You want to talk about the rental
ordinance, correct?
MS. RADI: Yes.
MR. MILLER: Okay. That will be 10A.
MS. RADI: Okay. Thank you.
CHAIRMAN McDANIEL: It's -- this is for subjects that are
not on today's agenda, so...
Okay. It is now time for my favorite court reporter to have a
break. We will be back at 10:48.
(A brief recess was had from 10:37 a.m. to 10:48 a.m.)
MS. PATTERSON: Commissioners, we have a live mic.
Technical difficulties.
CHAIRMAN McDANIEL: Here we go. Thank you. Thank
you. Thank you. We're -- are we all set? Yes. Okay. Let's
move forward, then.
Item #9A
RESOLUTION 2022-83: A PUBLIC HEARING TO CONSIDER
REVISIONS TO THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT PLAN AND ADOPTION OF A
RESOLUTION APPROVING THE AMENDMENT – ADOPTED
Item #14B1
CRA RESOLUTION 2022-84: THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE COMMUNITY
REDEVELOPMENT AGENCY BOARD (CRA), APPROVE A
RESOLUTION RECOMMENDING APPROVAL TO THE BOARD
OF COUNTY COMMISSIONERS AN AMENDMENT TO THE
May 10, 2022
Page 56
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AREA PLAN – ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 9A,
to conduct a public hearing to consider revisions to the Collier
County Community Redevelopment Plan and adoption of a resolution
approving the amendment. Ms. Deborah Forester, your CRA
director, will present. This is a companion item to Item 14B1 so, at
your pleasure, we can take these together.
CHAIRMAN McDANIEL: Yeah. Do we need to make a
motion on that now or just make one –
MR. KLATZKOW: Just take these together. It’s the same
issue.
CHAIRMAN McDANIEL: I would prefer that we do that.
They’re companion items.
MS. PATTERSON: Thank you.
Deborah.
MS. FORESTER: Okay. Good morning. For the record,
Deborah Forester, CRA director.
So today we’re here to ask you to adopt the second amendment
to the Collier County Community Redevelopment Plan.
Just a little back history. In 2000, the Collier County
Community Redevelopment Agency was established. The Board of
County Commissioners does sit as the Community Redevelopment
Agency. At that time we created two redevelopment areas:
Bayshore/Gateway Triangle and Immokalee. And we have two local
advisory boards.
In 2000, we also adopted the Collier County Community
Redevelopment Plan with Section 4 focused on Immokalee and
Section 5 focused on the Bayshore/Gateway Triangle, and the
duration for the plan is 30 years.
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In 2019, you adopted the first amendment which focused on
Section 5. That was a rewrite of the Bayshore/Gateway Triangle
area plus some administrative updates. At that time you also
directed staff to develop the revision to the Immokalee plan and to
extend the ICRA by 30 years.
So what is the proposed plan amendment? We are doing some
minor changes to Section 1, which is to add some reference to the
amendment that took place in 2019. We’re also adding the
extension to 30 years for the Immokalee area only. Section 4, again,
is a complete rewrite. And then we updated the appendices to
include the resolution from 2019.
So focusing on Section 4, again, it’s the Immokalee area. We
have started this process in December of 2020. We have had
extensive community input. We’ve held meetings both in Spanish
and Creole to get as much community input as possible. Our CRA
advisory board members have been very involved with the drafting of
this.
We completed the draft in – February 16, 2022. The CRA
Advisory Board recommended approval of this plan amendment.
Our Growth Management Department reviewed it in March for
consistency with the Growth Management Plan as required. By the
statute, our Planning Commission reviewed it on April 7th, found the
plan consistent with the Growth Management Plan. And here we are
today for both the CRA and the BCC to take action.
Just an overview of the organization of the plan. We have your
basic introduction, goals, objectives, background, the program, how
are we going to prioritize, and phasing of these projects, funding
strategies, as well as general requirements that are included in the
Florida Statute. And then Section 4.6 focuses on a variety of
exhibits.
Our Immokalee vision was created, a rural community that
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provides safe and affordable multigenerational living opportunities,
interconnected pedestrian transportation connections, a pristine
environment, and a thriving economy that celebrates a diverse
culture.
We have five goals within the plan. Each goal has a variety of
objectives and strategies. First one is creating a cultural destination
celebrating culture and, then again, our objectives are education,
Immokalee brand, and looking at an Immokalee cultural center and
what does that mean.
Economic development, there’s 10 objectives here. There’s a
strong focus on economic development for the community and a
number of partnerships that we would continue to work with,
including the Immokalee Regional Airport and creating a tourist
destination in Immokalee as well.
Housing. We’re supporting multigenerational housing
opportunity, and we are focused on neighborhood initiatives.
Here’s a map that was created during the planning process that
identifies a variety of neighborhoods. Our first five years we’ve
identified the south side Immokalee area and the Eden Park area to
work with.
Infrastructure. Again, another very important tool for
redevelopment is to improve infrastructure from water quality to
improved transit. And, again, a number of our strategies is to partner
with the Collier County departments as well as not-for-profits and
other private and independent service providers in the area.
And then the final goal is implementation administration. This
is to assure that we follow all of the standards outlined in both
federal, state, and local mandates and, again, that partnership,
especially with the Immokalee beautification MSTU.
The next is our action plan. We’re looking at this in phasing, a
short-term, mid-term, and long-term. The suggestion being that
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every five years we would evaluate the redevelopment plan and make
any changes that are necessary. And, again, we are looking at
extending the Immokalee CRA until 2052.
How do we prioritize? Again, it’s going to be about how can
we leverage our dollars and work with other entities? This is very
similar to how we’ve outlined the Bayshore/Gateway redevelopment
area plan.
Opportunities for redevelopment, we’ve looked at different areas
and how we can work with different opportunities there, including
the – Lake Trafford, again, and the airport regional – and the
Immokalee Regional Airport.
And then funding strategies. This, again, is leveraging our
dollars, tax increment, with our MSTU as well as working on grants,
and it’s all about collaboration and partnerships.
We did look at TIF projections for the next 30 years both at a
3 percent and a 5 percent growth rate. The estimated TIF over that
30-year period at a 3 percent is approximately 62 million, and the
estimated capital improvements is 71 million. So, again, you see
that we need to leverage our funds and partner with other entities.
So today our action is to, one, as the CRA agency that you
would adopt the resolution that approves the amendment and that also
recommends that approval by the Board of County Commissioners,
and that the Board then hold a public hearing and adopt that
resolution.
And with that, we’re open for questions. I do want to
acknowledge our Immokalee CRA staff. Christie Betancourt is here
in the audience, and they work on a daily basis with community
outreach as well as our consultants that help with the plan.
CHAIRMAN McDANIEL: Outstanding.
Troy, do we have any public speakers?
MR. MILLER: Not for this item, not for 9A, sir.
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CHAIRMAN McDANIEL: Do my colleagues have any
questions of our worthy staff and their amazing job on preparation of
this? I’ve been party to all of these meetings and hearings and
discussions along the way so if – I don’t have anybody lit up, so I’m
going to make a motion for approval for both 9A and 14B1.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It’s been moved and seconded that
both these items be approved as presented. 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.
Thank you, by the way.
To commit fraud, get the money out. Don’t return an
application if one word’s misspelled, as was alleged. Again, I’m not
saying that that’s, in fact, the case.
Commissioner LoCastro brings up some really important points,
but I want to give – I would like for us as a board to give direction to
our staff to pull this money, and I don’t want to see any money sent
back to the federal
Item #9B
AN ORDINANCE TO ESTABLISH A FAIR NOTICE TO
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TENANT ORDINANCE RELATING TO LANDLORDS
PROVIDING FAIR NOTICE OF RENT INCREASES OVER FIVE
PERCENT (5%) TO TENANTS WITH LEASES OF ONE YEAR
OR LONGER – MOTION TO APPROVE THE ORDINANCE AS
WRITTEN – FAILED; MOTION TO AMEND THE ORDINANCE
TO INCLUDE NOTICE TO TENANTS FROM LANDLORDS
STATING THE COUNTY HAS RENTAL ASSISTANCE
OPTIONS AVAILABLE - CALL COLLIER COUNTY HOUSING
AT 239-252-4228 – FAILED DUE TO LACK OF A SECOND;
MOTION TO RECONSIDER THE ORDINANCE AT THE NEXT
BCC MEETING – APPROVED; MOTION FOR CHS TO BRING
BACK A LIST OF NEEDS AND MARKETING PLANS –
CONSENSUS
MS. PATTERSON: Commissioners, that brings us to Item 9B.
It's a recommendation to enact an ordinance to establish a fair notice
to tenant ordinance related to landlords providing fair notice of rental
increases over 5 percent to tenants with leases of one year or longer.
Ms. Kristi Sonntag will present.
MS. SONNTAG: Good morning, Commissioners. Okay.
Good morning, Commissioners. Kristi Sonntag, Community and
Human Services director.
The item before you today is the first reading of the proposed
notice to tenant ordinance. What is currently in place, as a reminder,
is Florida Chapter 83, which does specify determination of tenancies
requirements.
For a long-term lease, there is a requirement of a 60-day notice;
for a quarterly lease, 30-day, for a monthly, 15; and a weekly, seven
days. To remind, you when you we met last time we talked about
the actions that had been taken across the state. Miami-Dade
provides a 60-day notice for a 5 percent rent increase for all
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residential leases without a term and a 60-day termination notice for a
lease without a specific duration.
The City of Tampa provides -- a termination notice is 30 days
for month-to-month; 60-day notice for rent increase greater than 5
percent, and it does exempt those under Chapter 723, which are lot
leases for mobile homes.
The City of Lake Worth Beach provides a 60-day termination
notice for month-to-month leases and those with rental increases
greater than 5 percent.
Since we last met, we've had an opportunity to revise the
ordinance, and as it's included in your package, it provides a 60-day
written notice for rent increases of more than 5 percent for long-term
leases.
In addition, it provides three options to a tenant. The first is to
accept the change, reach a compromise, reject the increase. If the
tenant would choose No. 3, the tenant would need to vacate the unit.
In addition, enforcement actions have been included. These are
complaint-driven enforcement actions. When a violation would
occur, a warning would be issued with a time for the landlord to
correct.
In the event the landlord would not correct it, it would follow on
with a citation and corresponding fines.
In conclusion, this is a recommendation to enact a fair notice
tenant ordinance requiring landlords to provide long-term lease
tenants with a 60-day written notice for increases greater than
5 percent.
With that, any questions?
CHAIRMAN McDANIEL: I have no questions from the
Board. I'm sure we have a few public speakers.
MR. MILLER: We do, sir. We have five registered speakers.
Are you ready for speakers?
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CHAIRMAN McDANIEL: I am ready.
MR. MILLER: Your first speaker is Elizabeth Radi. She's
been ceded additional time from Stacy Harris.
Stacy, could you indicate you're here?
(Raises hand.)
MR. MILLER: Thank you.
And also from Bebe Kanter. Is Bebe Kanter here?
(Raises hand.)
MR. MILLER: Okay. I see her. She will have a total of nine
minutes, and she will be followed by John Harney.
MS. RADI: Good afternoon, Commissioners and staff. I'm
Elizabeth Radi, and I not only represent the Collier County Tenants
Union, but I am here today to represent those that truly don't feel like
they are being represented or heard. To them, their cries are
seeming to fall on deaf ears. Not to say that is actually the case, but
to them it seems like it.
After my astonishment of how much misinformation was
circulating around and the perception of being completely out of
touch with what the residents were experiencing, I did a Facebook
page post questioning anyone's experiences with Collier Care ERA,
et cetera. I wasn't surprised with the results, but it was really bad. I
combined almost 200 responses into categories. Some stated most
of them didn't know about the funds, some stated I looked at the app
and it said "due to COVID," so I didn't even apply or back out of the
application. Several stated they denied any -- they were denied any
help because they have been forced into hotels due to not having a
lease or no help.
NAMI used to pay up to 30 days, but as of January 1st, rules
changed according to some.
Many said the application process and recertification process is
extremely long, and most saying 120 days; not 30, not 40 and not 60,
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but 120 days. By then several stated they had received eviction
notices or non-renewals of lease.
It was stated many times that the landlords were becoming less
cooperative and weary with the programs because of the payments
not even being close to on time or the massive amount of paperwork,
et cetera, to maintain these programs for these tenants.
Some have even refused to submit leases, ledgers, et cetera,
prolonging the tenants' assist even further. So several were paying
whatever they could out of their rents not to be out on the street till
the landlords received payment. Some were told they had to be
behind on their bills or already have to be eviction-noticed to help.
There were so many issues that were stated that they seemed to be
compounding and creating even more for these already vulnerable
individuals.
I do not want to state -- I do want to state for the record that no
one could have anticipated the need and the backlog that would come
as a result of all of the need in this county, but it can't be ignored.
The elephant in the room cannot be ignored anymore. When the
questions arised, why is this still $6 million in funds not being used?
Well, even I knew the answer to that. During my reading of the
responses, I also was able to fix some of the miscommunication and
told people what I was told. Collier CARES takes up to 120 days. I
was told that when I called them myself. So go to NAMI first for
faster turnout, and then they will transition you into Collier CARES.
And that's when I learned that the tenants, they were having
issues -- the tenants were having issues with NAMI as well. It was
stated that NAMI couldn't help because there are hundreds of
thousands of dollars in reimbursement funds that NAMI still has not
been able to get from the Clerk's Office. So they can no longer help
until they get funds, which I hear is on the agenda for today. But
they're unable to help anybody. So fast tracking isn't working.
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So I called to find out, and lo and behold, several have run out of
funds till the end of the month. I asked what the problem was and
was told that the county's Clerk's Office and the 700-page ledger,
they go through seven different steps for approval, and if one word is
misspelled, it gets kicked back to the beginning.
So this is exacerbating the issue. It's not just the
organize -- their organization, but many are having to go through the
same massive red tape for reimbursement.
Although it was stated for the record that they love their
partnership with the county, this is creating a huge issue. So when
the questions arise during the 60-day ordinance, how much funding is
still available and why there is $6 million not used, why are people
not applying, it's not rocket science.
During the recent -- during the recent meeting about the demand
and availability and pricing, some had open -- that there were open
units, and before they were waiting lists. I sat in awe, and I listened
as my know-it-all self already knew. People can't qualify for three
times the rent in income. Three times the rent on an average $2,500
unit is $7,500 a month. A $4,000-a-month unit is $12,000. Same
goes for move-in fees: Three times the amount.
So tenants are having to not be able to re-sign their leases, and
most landlords are going through recertification processes with
renewals of leases where some just-renewed leases, they're now
going through a whole qualification process and people are not
qualifying for those apartments that they've lived in for three or four
years, maybe 10 years.
This is -- this stuff isn't -- you know, I am excited, actually, for
the agenda items like the extra employees to process the ERA
applications and the $500,000 in NAMI. I appreciate what I see on
this agenda, but we need to all come together and figure out solutions
to these issues. We out here are doing -- we out here are doing this,
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and we cannot afford any more excuses. It's said often, let's separate
fact from fiction. Well, I believe I just did. So now you have an
opportunity with the 60-day ordinance; it's a step in the right
direction. I would ask that you also consider in this ordinance a
protection for renters whose landlords are selling their homes to give
60 days' notice before putting their homes on the market. This is
where many are not getting notice of non-lease renewals, and people
are being seriously displaced and sometimes less than a 30-day
notice. They need this protection, too.
With everything I have said, it is essential to give those that
need the time through this ordinance to find and obtain safe and
viable housing, and I do believe we can do something even with the
month-to-month. Because that's what's happening with some of
these sales is the new -- the new owners are putting people on
month-to-month as a way of getting them out. That's a problem, too.
We can do this, and together we can bring hope even if it's only
for 60 days.
Thank you for your time.
MR. MILLER: Your next speaker is John Harney. He'll be
followed by Antonio D.
CHAIRMAN McDANIEL: I'm sorry. Commissioner Taylor,
did you have a question for her, or do you want to go first after the
public?
COMMISSIONER TAYLOR: I think it's extremely important,
and, Chairman, I don't know if you want to do it at this juncture or
maybe when the speakers finish, but I think we need to briefly have
Derek Johnssen of the Clerk's Office talk about the auditing process,
and certainly Ms. Sonntag, to respond to a couple of issues
specifically brought forward by -- you know, clearly, there's -- this
is -- I'm not negating what the speaker said, but I think we need to
get --
May 10, 2022
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CHAIRMAN McDANIEL: Sure. Your comments -- I'll call
on you first. Then we'll bring them up --
COMMISSIONER TAYLOR: Afterwards.
CHAIRMAN McDANIEL: -- and have our staff, after we hear
from all of the public speakers.
COMMISSIONER TAYLOR: Thank you. Thank you.
CHAIRMAN McDANIEL: Yes.
MR. MILLER: Mr. Harney, you have three minutes.
MR. HARNEY: I'm John Harney. I'm a resident of Naples
and a member of the Affordable Housing Advisory Committee.
The idea of the 5 percent rental increase came from the
community. This was a very well thought out idea as one of the few
things that we could do right now that would help people. And we
feel that it's very important for us to go forward with this.
The County Attorney has prepared an ordinance which we feel
is going to be very useful going forward. We did meet last -- at our
last meeting with -- the Florida Apartment Association had a
representative there who said that an estimate, based on feedback that
he had from landlords, was that up to 90 percent of them would
comply without any trouble whatsoever.
They did not consider this notice period for tenants to be
onerous or cumbersome or difficult. They felt that they would
comply based on the information that he had. That's really
important, because now we've heard from Elizabeth, and we have the
community very much behind this.
Now we have the other side as well with the landlords saying
that they will work with this policy.
We feel that this is something that we need right now. We can't
put this off any further. I know that the information that we have
from Community and Human Services about recent ordinances from
other communities. It's all very new. We get it; however, we feel
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that it's important for us to do something right now.
If it turns out with additional information over time that some
modification needs to be made to this, fine, the Board of County
Commissioners should do that. But it's important for us to not put
this off any further. We think it's important to go on this right now.
This is all I have for this point. Thank you.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Mr. Chair, your last registered speaker on this
item is Antonio D.
MR. DEMORNEY: Hi, everybody. How you guys doing?
Antonio Demorney (phonetic).
The presentation, I can tell you was doing your job, but for
many of us it does seem very one-sided because the feds just raised a
half a percentage point. So imagine what that's going to do for the
next rental increase if the rental prices are already $2,700. If you
calculate that in one year, that's $22,000 that many people would pay
that only makes anywhere from 30- to $40,000.
You have many people working in here right now that make
$40,000 or less. $22,000 of your money will be spent just on rental
alone. So now we're talking about gas, we're talking about food,
we're talking about extra other utility that we need taken care of.
Many of us got kids. We want to keep them in sports. Let's not talk
about the cost for summer camps. In my low-income community,
summer camp is going to be 10.50 [sic] just for one child. What are
we going to do about that?
I didn't see any presentation where the tenant can actually have a
contract -- a construction contract -- contract agreement with the
landlord. If I don't damage anything in my unit, can I get a $500
decrease? That's how I feel. Because if -- we all got TRIM notice.
Everybody has a TRIM notice. And if you live in an apartment
complex right now, go to your TRIM notice. Count how many units
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are in the apartment complex that you live in. See how much the
average is for each unit. That's probably, what, $360,000 in a month
if they have 100 units. How much is that in a year? If we really
going to talk numbers, because that's the only thing you guys
understand is numbers and what it causes other people.
If that property has one landlord and one maintenance man,
that's less than $65,000 in employment fees that they had to spend.
How much do they pay in insurance on the property? $12,000?
$60,000? So we looking at what, one year, $5.5 million in profit?
And we got massive more properties being built that charge way
more. Three thousand dollars for a three-bedroom? And then you
want me to put first, last, and deposit. The reason why I'm pissed off
about that, because I did that. I spent 7.5, $7,500 just to move into
something for a year. Thank you for my savings.
If you ask me, 60-day notices, that's cool. How about these
new buildings that's being built? If you've got 100 units, can you
give 25 units affordable? I don't want to be rude. I don't want to
say anything, but right now it seems like the middle finger is coming
from one side only, and all we got is words.
So I hope everybody in this room or who's watching this on the
live or whatever, do that, do that calculation, do that math; you'll be
pissed off just like me and everybody else. Right now efficiencies
are flying off the shelf for $1,000. Five years ago efficiencies used
to be $450. That's how much people are really messed up out here.
And then -- excuse me.
CHAIRMAN McDANIEL: Your time is up.
MR. DEMORNEY: I know. I know.
CHAIRMAN McDANIEL: Your time is up.
MR. DEMORNEY: I'm going to end it up -- I'm going to end it
with this. Right now the summer is here. We cut -- Collier County
cuts hours by -- give people 20 hours or more, less than 30. Imagine
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the people who has to pay their rent still at 30 hours. You know how
many people about to get kicked out of their units this summer? I
think when we come back to this subject again, we going to have a
different tone, and I think this place might be a little more filled. I'm
just a regular man. I came here on my break just to give you guys
that information.
Thank you very much. Antonio Demorney, and I'm with the
Tenant Union of Collier County.
(Applause.)
CHAIRMAN McDANIEL: And there you have it.
We will close the public hearing portion of this, and now the
Board will go into deliberation.
Commissioner Taylor.
COMMISSIONER TAYLOR: I think -- I think it would be
helpful to outline briefly the process for dispensing the funds and
how many audits and what is the repercussion if the money is not
loaned correctly. And who is the -- who makes that final decision,
not only locally, but let's just say something goes -- what are the
steps? Where does it go through? That kind of thing.
MS. SONNTAG: Every applicant, when they make
application, there is a list of documents that is required.
There -- obviously, a complete application has to be done, the
applicant needs to provide a current signed lease so that we know
what amount needs to be paid. They also need to provide a rent
ledger. If they want us to pick up their arrearage, we need to be sure
that we know that dollar amount.
In addition, there are ancillary fees, parking fees, pet fees, you
know, that are associated with many tenant leases. We're -- oh,
sorry.
COMMISSIONER SOLIS: Can I just ask one question that
relates to where you started?
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MS. SONNTAG: Sure.
COMMISSIONER SOLIS: So we have all these requirements.
Who sets those requirements?
MS. SONNTAG: The requirements are set by the Treasury.
COMMISSIONER SOLIS: By the Treasury.
CHAIRMAN McDANIEL: U.S.
MS. SONNTAG: Many of the requirements are set by the U.S.
Treasury. We have to have a valid payment --
COMMISSIONER SOLIS: Okay.
MS. SONNTAG: -- and to ensure it's a valid payment, we
would need a lease, you know, that's --
COMMISSIONER SOLIS: Right, right.
MS. SONNTAG: -- a contractual amount.
COMMISSIONER SOLIS: Right, right. Let me just ask this:
So are there any of those requirements that are up to us that we can
control? And, I mean, if the answer's no, it's no. I'm just trying to
figure out, what can we do?
MS. SONNTAG: There really aren't any requirements, I mean,
other than maybe modifying the application. But, of course, when
we modify the application, the county runs a risk of noncompliance
with the U.S. Treasury. And any funds that the county would
expend that the U.S. Treasury would deem as ineligible would be
responsible to be paid through the General Fund. So we have to be
very diligent in ensuring that we collect the proper documentation.
COMMISSIONER SOLIS: Okay.
MS. SONNTAG: I do know that we've tried to share that, you
know, COVID impact. That is applicable under ERA1. ERA2 has
different rules. We've tried to disseminate that information.
Recently we've shared it with NCH who's sharing it with their staff.
We've given examples to folks because sometimes examples are
easier than reading Treasury language.
May 10, 2022
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So, anyways, once an applicant goes all the way through the
process, provides the documentation, if an applicant is incomplete,
yes, an application could take 120 days if the lease isn't signed, if the
ledger isn't provided, if we don't have a driver's license, we don't
have, you know, other documentation that's required, it could take
that long, yes. If an application is perfect and complete, it goes
through a processor, then goes to a fiscal person, goes to
management, at which point once management approves it at the
county, then it goes to the clerk staff.
CHAIRMAN McDANIEL: And here we have the Clerk.
MR. JOHNSSEN: Derek Johnssen from the Clerk's Office.
And our staff is turning around these payments in roughly a week, on
average. If the speaker has specific examples, it's much easier for
me to look at those to see what happened on those particular payouts.
But we're turning around much quicker than we turn around regular
payments.
COMMISSIONER TAYLOR: I remember when this COVID
hit and we started getting money from the federal government. I
remember there were five auditing stations finishing up with the
federal government, and at any point the money could -- you know,
the reason that Collier County agreed to loan that money could be
stopped at one of five auditing places. So -- and I'm bringing this up
not to say you're wrong but just to say this is a very tedious and
demanding process, and right now there is a crisis going on. And I
don't know where we go from this, but I think we need to really
address it, and I think it's important, Ms. Sonntag, for you to talk
about the current $6 million, what is happening right now in your
department.
MS. SONNTAG: Sure. Currently, as of yesterday, my fiscal
operations support manager informed me we spent 5.2 million.
We're currently spending close to $500,000 per month. If we
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continue to spend that -- so that is between now and September of
'22 -- that would leave us roughly with about $2 million.
We have seen quite an uptick in applications. We're receiving
30 to 40 applications per week. Now, about 20 of those are valid
applications that can move forward. So they have the
documentation, what they need. On average, we spend $9,000 on
average per application. So if we extrapolate 20 to 30 applications,
all good, we would spend the whole amount so, you know, if we
continue to move forward at the rate of applications coming in that
we see.
CHAIRMAN McDANIEL: And the second tranche -- there's
two tranches. The first is the CARES money, and the second is
the -- I can't remember the acronym that we use for that.
MS. SONNTAG: Well, we actually have two tranches of ERA.
The first one is set to expire in September of '22. The second
tranche, which has the broader, excuse me, eligibility criteria, that is
set to expire in September of '25. Then we have American
Recovery, and that is another pot that we're using for people over
80 percent area median income and mortgage individuals.
CHAIRMAN McDANIEL: And so all told -- all told, the three
tranches are how much money?
MS. SONNTAG: Twenty-seven million dollars.
CHAIRMAN McDANIEL: Thank you. Are you okay with
that answer for now --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: -- Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, I just -- yes, yeah, I am.
I'm going to have more to say, but thank you.
CHAIRMAN McDANIEL: We all are.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, I'll have more to say,
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too. But I just -- you know, to fill in a little bit of some of the gaps,
these are federal dollars, and it's a federal application that our team is
orchestrating. You know, anytime you get free money from the
government, you can't just fill out a postcard with your name,
address, and then somebody shows up with $5,000 a month in a bag
at your doorstep. It is a complicated process, but we're spending
$500,000 a month for citizens who obviously made it from start to
finish.
You know, I also want to echo a little bit with what
Commissioner Taylor highlighted is I do want to get down to the
separate rumor from fact. It's disturbing to hear, wow, it took 120
days for payment. But as the commissioner chair of the Affordable
Housing Advisory Committee, I'm getting a lot of emails from
people, and when we've dug into a lot of them, yeah, it was over 120
days for a bunch of people. They applied, they stalled, they didn't
give us their lease, they didn't give us the ledger that showed all their
back payments.
And so then at the end when they finally got payment, yeah, it
did take a really long time, but we also have had applicants that sat
down at the computer, had everything in front of them, didn't just
read the first line and saw the word "COVID" and hit "log off."
They actually went through the process. And I actually was pretty
impressed at the speed of payments from folks that, you know,
completed the application.
The clock, to me, should start when you're handed a completed
application. I think if any of us hear that you have completed
applications sitting in a giant pile taking 120 days to pay, we're going
to fix that in about 10 seconds, but that's not the -- that's not the issue.
And I appreciate what you said, Kristi, we have to be very, very
careful trying to find shortcuts on these applications because if we
invent something here at the county, it's going to take longer than 120
May 10, 2022
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days. It's going to wind up going to the Treasury. It's going to get
kicked back because we had a customized application, and we're not
helping, you know, citizens.
So, you know, there are a lot of success stories out there. I'd
like to see us spending more than $500,000 a month, but we're not
doing nothing. And I really applaud the citizens who sit down at the
computer, burn the midnight oil and work hard to get their
application filled out from start to finish with all the paperwork that is
required by the federal government so we can give you money during
this very difficult time.
So, you know, I'm not saying everything's perfect, but there is a
lot of -- I think there's more good for the people that have taken
responsibility that are, you know -- that are tenants. If you think
there's more that we can do -- and we've already talked about
this -- more aggressive advertising, we're going to be on a Zoom call
with a whole bunch of folks that work for a giant resort here in town,
we're doing that on the 12th, and we're going to walk through ERA1,
ERA2, CARES money and whatnot.
So, you know, we're trying -- I'm glad to hear that there's an
uptick. There's an uptick in applications because of all we're doing.
I made it a spotlight, and so did some others. So, you know, just
wanted to make those statements. I know we'll have more
comments, but it is a federal program. And the clock should start
when you get a completed application. We can't be turning in
half-filled-out applications or things that are missing. We're not
helping the tenant, you know, that way, obviously.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: With your indulgence, I think
I'm -- this is going to take a while.
You know, it seems to me that we're focusing on something that
doesn't accomplish what we need to accomplish. I mean, the issue is
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that there's not enough housing that people can afford, right?
CHAIRMAN McDANIEL: That's one.
COMMISSIONER SOLIS: That's -- I mean, that's one, and
number two, that the existing housing is getting too expensive.
CHAIRMAN McDANIEL: That's two.
COMMISSIONER SOLIS: Okay. Give me a third.
CHAIRMAN McDANIEL: Well, the subject -- you know, I
have a lot more --
COMMISSIONER SOLIS: Well, let me just say this, is -- this
notice, okay, it will require 60 days' notice for a lease that's a year or
more if the landlord intends to increase the rent.
CHAIRMAN McDANIEL: By more than 5 percent.
COMMISSIONER SOLIS: By more than 5 percent. I can see
that what the landlords are going to send out is not a notice of a rent
increase. It's just going to be a termination of lease.
CHAIRMAN McDANIEL: That's correct.
COMMISSIONER SOLIS: So that's number-one issue. And
so we're not solving that issue.
COMMISSIONER SAUNDERS: Are there other things that
you can see into the future as well? Because --
COMMISSIONER SOLIS: Well, I mean, I would like -- what
I'm trying to get at is I think we ought to focus our time on trying to
figure out what is it that we can do that's going to solve the problem.
CHAIRMAN McDANIEL: I have a couple ideas.
COMMISSIONER SOLIS: I mean, so --
CHAIRMAN McDANIEL: I have a couple of ideas.
COMMISSIONER SOLIS: I think that -- what if the lease
has -- and maybe this is a question for the County Attorney. I mean,
what if the lease has an option for extension and there's a CPI
increase? A lot of leases have that. It's not -- it automatically rolls
over, and there's a CPI increase, and the CPI's going to be more than
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5 percent. What does that do to the lease?
So my question is, how is any of this going to make any
difference to the fact that there's not enough affordable housing and
the rents are going up too fast? I just -- I think we need to figure out
how we can get the funds out of our hands into the people's hands
that need it as fast as we can do that, and if we're doing it as fast as
we can do that, then we probably need to tell people that.
But it just -- it doesn't seem to me -- and what I'd really like to
know is, other than some other jurisdictions that have adopted this
because Miami-Dade did it, what have other jurisdictions done short
of rent control and those things that we can't do -- what have other
jurisdictions done that have made a difference? I mean, we're -- has
anybody been able to do this? And if they have, then we need to be
studying that instead of, you know, 60 days -- okay. The landlord
gives 60 days. It still doesn't solve the problem, because they're still
going to raise the rent. And the three options that we're giving
tenants are the three options we're giving anyway.
COMMISSIONER LoCASTRO: That sounds like my speech
from two weeks ago. I agree with you.
CHAIRMAN McDANIEL: I have a couple of ideas we'll get
to.
COMMISSIONER LoCASTRO: I can't wait to hear them.
COMMISSIONER SOLIS: Okay. So, again, I'd like to hear
from staff. I mean, what are the options -- what has worked in other
places and what can we do to shorten the amount of time in which we
can get this money out there so we don't end up giving it back? I
mean, that -- I just don't see that this -- this doesn't solve anything, in
my opinion.
CHAIRMAN McDANIEL: Well, there's a commingling going
on. We're having a discussion with regard to the tenant base -- or
the EAR and all of the other acronyms with regard to the rental
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assistance that's one subject matter. And then we have the subject
matter that's in front of us today right now which is the 60-day-notice
ordinance that we're supposed to be deliberating on.
So I think probably, for us, it would be prudent for us to -- you
know, Commissioner Taylor asked our staff to come up and respond
to some of the statements that were made by the folks that spoke to us
in regard to the circumstances with this.
My suggestion would be that we stay focused on the
60-day -- this ordinance that's here in front of us right now and then
maybe have a separate discussion with regard to the circumstances of
how we can better distribute the funds that we do, in fact, have
available. Because they're -- necessarily, they're two separate
subject matters --
I'll get to you in a second. I'm going to go to Commissioner
Saunders first.
COMMISSIONER SAUNDERS: Okay. Obviously, we're not
here to solve the problem of affordable housing, workforce housing.
We're working on that issue. But that's a long-term problem, and
perhaps we need to go ahead and schedule another workshop on that
issue to see where we are and bring all the players to the table.
Today we're talking about, really, two issues that don't solve the
problem as you've stated, Commissioner Solis.
So on the first one, in terms of spending the money, when we
started dealing with the CARES issue, we had a time frame we hired
five or six people. I don't know if those people are still on board or
not. So my question to you is: What resources do you need in
order to not lose the two million that we might lose and not to lose
additional funds? What resources do you need --
MS. SONNTAG: Thank you for asking.
COMMISSIONER SAUNDERS: -- if any?
MS. SONNTAG: The eight positions that you allocated to us,
May 10, 2022
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I'm happy to report, are all filled with temporary staff. Now, those
staff do support -- five of them support the ERA program; three of
them support your ARP program, okay. So they stayed with us and
then transitioned into those other programs.
Today you approved one position to support housing initiatives
and then five positions to support the ERA program. We are hopeful
that those five positions will help us to process that much faster. We
do use temporary staff from our temporary staffing contract that the
county has. Unfortunately, those people come and go in the, you
know, employment market that it is today.
So, unfortunately, you know, the resource there -- we had 12;
we're down to eight. It fluctuates. And it does take me three to five
months to, honestly, up-ramp someone to how to review an
application, work with, you know, the applicant, and do the
processing.
So in answer to your question, it is a resource allocation issue,
yes.
COMMISSIONER SAUNDERS: Okay. Are there private
companies around the state that do this because of the amount of
federal money that's available, that contract with local governments
to assist in the processing of these applications --
MS. SONNTAG: Yes.
COMMISSIONER SAUNDERS: -- as opposed to
having -- hiring temporary people?
MS. SONNTAG: Yes, there is. The State of Florida uses Title
Basin to administer their Our Florida program. You have an agenda
item later today. We're trying to partner with NAMI to actually do
the housing piece, like, you know, boots on the ground, find a
landlord. So we're trying to contract with them to improve that
process as well, because we know people often can't find a place.
So, yes.
May 10, 2022
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COMMISSIONER SAUNDERS: I guess my message would
be, you need to tell us what else you need, because none of us on this
board want to see the citizens of this community lose federal money.
You've got other programs where you're going to have some time
frames. We have some time to provide you those resources, but we
need to know what in addition you need. And perhaps at our next
meeting you can tell us, and we can provide those resources. Unless
you can tell us now, and we could make a decision now to provide
those resources.
MS. SONNTAG: Well, I would appreciate to bring something
back as an agenda item to you, if that would be okay. My staff did
evaluate what our needs were to be able to process what we have now
and to speed up our process, and that was those five positions, but I'd
be more than happy to bring something back with additional analysis
on what we could use. Because of the influx of applications, I need
people -- now that we have this uptick, I'm going to need people to
process those.
COMMISSIONER SAUNDERS: I think -- I would assume
there's a general consensus for this to come back for that issue.
In terms of the rental ordinance that we're talking about, clearly,
this ordinance doesn't solve any real problems in terms of lack of
housing, rent increases. Those things are -- we're working on those
things, but in your view and in my opinion, this ordinance does
provide a little bit of information to the tenant.
I've talked to different representatives of the different apartment
associations. They had some significant concerns, especially when
this ordinance dealt with shorter term leases. I've been told the
same -- basically the same thing as what we heard from one of the
constituents this morning, that 90 percent plus of landlords are going
to comply with this regardless of what we do because, quite frankly,
it's the right thing to do.
May 10, 2022
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So the other 10 percent or 8 percent, whatever that is, that may
be just a matter of education, and that's what our Code Enforcement
folks would have to do is to educate those landlords that don't know
about this or are failing to comply.
But I don't think we do any harm to anybody by passing this.
We do send a message that we want landlords to at least be fair.
We're not saying to them that they can't increase their rent. We're
not saying that they can't evict somebody for any reasons that are
legitimate under their lease or for failure to agree to a rate increase.
But we're just saying, let's be fair and give these tenants an
opportunity to apply for the resource. So if you can get us what you
need and we can pass this ordinance, I don't think we've done any
harm today.
MS. SONNTAG: Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I would agree with
Commissioner Saunders on his comments. I think this is a very
important ordinance to pass. It is a first step of a long process, and a
lot of it takes a lot of time to materialize, and it does
take -- sometimes it takes four votes up here with these
developments, but I think this crisis, if there's a silver lining, has
underlined the importance of including affordable housing going
forward in all developments if they want more density. That's the
rule. That's what we need to do.
But one thing I'm troubled with -- and it's not with this. It's
with the certain landlords or managements that refuse to take a check
from the county, so they insist that the tenant secure the check and
deliver that check to the rental office. I'm very troubled by that, and
I think it puts more stress on the tenant than should be.
I mean -- and so I would like that addressed somehow. I don't
know if it means we bring -- we send out a questionnaire or -- if
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90 percent of the landlords are going to comply with this, you know,
that 60 percent -- 60-day rule, maybe we can find out what -- where's
the beef? What's the problem here? Why would you not accept a
check from the county from a tenant that has indicated they want to
stay there on a month-to-month basis? It seems like they're being a
little hard-hearted, and I'd like to address that. So perhaps --
MS. SONNTAG: Absolutely. I can have -- Ms. Lopez, who
oversees all of our assistance programs, I can have her work with our
staff to get you the number of landlords that that is an issue. And the
clerk's staff is amazing. They call us, tell us the checks are here, our
staff run up, they pick them up, they deliver them to the tenants, and
then the tenant signs an affidavit, and then we get a rent ledger to
ensure the rent was applied so that we can pay the next month. So
we can get you that number, absolutely. I can certainly send that out
as a one-way to everyone, so...
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: It's an interesting one-off. I hadn't
actually heard that. There's nothing prohibiting a landlord
from -- legally, that I understand, from accepting rent money from
anybody, necessarily, for a tenant, so...
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I think you're going to find
it's actually a small number, but one is one too many, and so we have
ways around that.
By all of us speaking, or I think most of us did, to Johnmichael
from the Southwest Florida Apartment Association, who's the one
that said he thought 90 percent of the landlords would comply, we
gained a lot of ground by -- and he's just one organization, but he
represents a lot of people. And after the conversations with the
commissioners he spoke with, having him on board with our team,
he's going to -- he and other organizations that we're going to -- that
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we've pulled into the fold are going to be very instrumental, I believe,
in helping us make sure this is successful.
One of the things I don't want to wait two weeks for you to
come back on -- and I've said this at several meetings before -- how
many people have told us, never heard about the six million. Don't
know anything about free money. I'm three months behind, and
we've gotten emails that are three pages long. And then when I say,
did you apply for all seven programs the county has? I don't know
what you're talking about, Commissioner.
I want to know today when we walk out of this room we are
investing significant amount of dollars in much more than just putting
this on our website and hoping people go to it. We should be on TV.
We should have a full-page ad in one of the local papers. There
should be billboards at our bus stops where people who are on a
limited budget are taking public transportation. That's a drop in the
bucket. If we return $2 million, $3 million back to DC, this should
not take two weeks to figure out. So it's a small advertisement
budget.
And I know, Jake, you and I and Kristi exchanged an email, and
we all -- we're sort of nodding our heads, but I want to get it on
public record here. Somebody call a marketing company. Start
printing some things. Let's get some stuff out there. Let's start
screaming from the mountaintops that we have money. It's a
complicated process, but the people that are getting free checks every
month figured out how to do it. But let's get out there.
Like I said, we're going to be on a Zoom call on the 12th. We
need to do much more of that. And so -- but I think we really need
to see the airwaves flooded with things that say, please contact the
county. And not just go to this website, go to this website. I know
that that's basically it because the website's where all this information
is. But we're hearing from multitudes of people that say, what
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website? And then when I say, go to the county website and just
type in "housing," and, boom, the whole page is there.
Lastly, what I just want to -- I'm in agreement with
Commissioner Saunders, Commissioner Taylor, and I think -- I love
the changes. It's much tighter. But here's what -- I want to make
sure that the takeaway isn't confusing of what we're doing today.
And Commissioner Saunders said it very eloquently: We're not
solving affordable housing. But this 60-day rental ordinance won't
freeze rents.
We're all getting emails from people, please pass this today.
Rent is out of control. People are being thrown out in the streets.
This won't stop all evictions. In fact, I think it's going to have a
small little dent. It won't lower rents. It won't help citizens find a
place easier. It won't create more affordable housing. And as I said
on here, it won't stop evictions.
And if a tenant wants 60 days' notice from a landlord, I can tell
you how they can get 61 days' notice, how they can get 90 days'
notice. When you're -- and I put this in my latest newsletter. When
your lease is 90 days out, 120 days out, a tenant also has a
responsibility in this crazy housing market to walk into the manager's
office and say, I'm four months out from my lease expiring. Are you
going to raise the rent? Can I renew the lease right now to pick up
on the fifth month, sixth month when this expires?
People that are sending me notes having success are taking the
responsibility. I don't want to take anything away from this because
now this mandates a landlord that maybe isn't being responsible or a
tenant that has sort of forgotten. But tenants also need to realize
they just can't sit there and wait for the landlord to walk in. They
have a responsibility as well.
And I would like to see our office remind tenants of what they
could be doing. And even if it's on the website or in our
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advertisement, tenants, remember when you see the first line that
says -- that talks about COVID, don't log off. And as you guys saw
in my last newsletter in bold letters I put, this is more than just
COVID, and a lot of things are -- we are still in a COVID pandemic.
So this just isn't, you had COVID, you want, you know, federal
money. So many things can be classified as COVID related.
And you guys have done an amazing job saying yes to
applications that had a COVID impact, but it wasn't just COVID.
And on some of our advertisement, that's what we have to say.
Apply if you're unsure you're eligible. It's not about if you had
COVID or not. It's not -- and one misconception, you don't have to
have been evicted to get this money, right? So that was just stated.
Somebody said, oh, I haven't been evicted, so I don't qualify.
Wrong. Untrue.
So some of our advertisements should have some bullets that
affect the masses that say, this is -- you know, fact, you know, fact:
Don't have to have COVID. Fact: Don't have to have been evicted.
Fact: You can still have a job and be -- make money, and, you
know, have A, B, C, D. Fact: You need to have your paperwork
ready to go before you log on, or it's going to be a slow process.
Let's come up with those five or six things, and I really think
that needs to be our aggressive advertisement campaign to remind
citizens the difference between fact and fiction. I think we're going
to see a lot more applications by people who say, wow, I can't believe
I could have applied six months ago. A friend of a friend who was
on Your Neighborhood told me I didn't qualify. We need -- we need
to squelch all of that, so...
That's it. Thank you.
MS. SONNTAG: Absolutely. Thank you.
COMMISSIONER SOLIS: Why don't we wrap the buses?
MS. PATTERSON: I love it.
May 10, 2022
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CHAIRMAN McDANIEL: There you go.
COMMISSIONER TAYLOR: I love it.
CHAIRMAN McDANIEL: I mean, there's a -- and, you know,
this is -- we're so far out on the subject matter here from a discussion
point with regard to folks that are having trouble in getting the rent
paid in regard -- because we're here for an ordinance with regard to a
60-day notice.
I think one of the -- one of the things that I want to say -- I've let
you all speak multiple times, so I'm going to get my two cents in.
One of the questions that I have is if someone commits fraud, if
someone doesn't have all of the paperwork and you distribute rent
assistance to them, does the entire six million get clawed back from
the federal government?
MS. SONNTAG: Commissioner, I cannot honestly answer that
question.
CHAIRMAN McDANIEL: I would venture a guess that it's
not.
MS. SONNTAG: I would agree with you.
(Simultaneous crosstalk.)
MS. SONNTAG: I would agree that it's that case. But I would
tell you that we've worked very closely with the clerk staff. We've
already identified well over 25 cases of potential fraud.
CHAIRMAN McDANIEL: Sure.
MS. SONNTAG: Happy to report that --
CHAIRMAN McDANIEL: Let me speak.
MS. SONNTAG: Oh, sorry, sir.
CHAIRMAN McDANIEL: Please.
I am here today to -- my suggestion here is for us to prioritize
how we're spending our money.
Commissioner Saunders, you brought up a point a while ago
about the $75,000 a month per mile that we're spending to maintain
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our landscape medians, and we don't think twice about doing that.
We have $27 million availed to us to assist the residents of this
community, and that money needs to get to those people as soon and
as expeditiously as, in fact, possible.
And so as long as we're not exposing the taxpayers to an entire
$27 million clawback because somebody decided government at all.
I want it distributed to the people that are, in fact, in need. And if we
are not exposed in the aggregate amount and we're dealing with a
one-off fraud here and a one-off fraud there and 25 alleged cases out
of how many?
MS. SONNTAG: We've processed over 550 households to
date.
CHAIRMAN McDANIEL: So we're talking about a fairly
small percentage of the applicants that are actually coming in.
I would like for us to prioritize what we're doing and how we're
doing it. Work on -- I mean, the Clerk's Office has an internal
investigations entire department that can go through these things after
the fact to ensure that fraud hasn't, in fact, been committed and we're
not exposing the taxpayers. But I think from a priority standpoint,
we should be getting this money out to the people that are requesting
it as quickly as is, in fact, possible, period. That's me.
That's my idea, Commissioner Solis. We're talking about a
total of $27 million.
COMMISSIONER SOLIS: I agree.
CHAIRMAN McDANIEL: And, you know, we're all going to
get to go through our budget stuff in a few -- another month or so.
I think -- I think that's where the priority needs to be. Direction
to our staff to get through the process. Obviously, if fraud has
occurred, then so be it. But I'm not looking to expose the
community at large. I want to get the money to the people that
actually need it as soon as is, in fact, possible.
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Now, on the other subject matter, with regard to this, I'm not in
support of this 60-day notice. I think it's a direct conflict with the
current statute that we already, in fact, have. I agree with
Commissioner Solis with regard to a rental increase that comes at any
point in time. If you can't afford the rental increase that's, in fact,
coming at you, it's a termination, and we have a statute that governs
that.
And this becomes a -- this is, I believe, going to end up being an
unintended consequence of a local ordinance having conflict with the
statute that we currently already have that manages a tenant and a
landlord's relationship irrespective of the term that a notice is done.
I agree with Commissioner Saunders that a landlord should give
fair notice. I also agree with Commissioner LoCastro with regard to
tenant's responsibility to seek out their landlord and find out whether
or not they can renew their lease and/or get the lease renewed, in fact,
on their own.
But I think -- I think that just because a couple other
municipalities have passed an ordinance similar to this, I don't concur
that it's a good idea at this stage. I'm already hearing of issues that
are popping up in these other jurisdictions that are -- have already
enacted an ordinance similar to what's being suggested today. And,
minimumly, I think we should set this 60-day notice ordinance aside,
do some further investigation and bring it back, but at the same time
get the money that we do, in fact, have available to our community to
the people that need it.
Commissioner Saunders.
COMMISSIONER SAUNDERS: In my limited experience
with leases, residential leases, tenants really have no bargaining
power. This is not a situation where a tenant can really negotiate
something. That's -- I would venture to say that in the vast majority
of residential leases in apartment complexes, the tenants really don't
May 10, 2022
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have the ability to negotiate a lower rent. That may happen in some
circumstances, but that's got to be extremely rare.
I'm going to make a motion to approve the ordinance as written.
And then after -- whether it passes or not, we'll find out. But
afterwards I have another suggestion, Mr. Chairman. But I'll make
that motion.
COMMISSIONER TAYLOR: And I'll second. I'll second
Commissioner Saunders' motion.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we pass the ordinance. And we're going to go to
discussion. There's been a motion and a second. Now we're
moving into the discussion of it.
And Commissioner Solis and then LoCastro and then myself.
COMMISSIONER SOLIS: I would like -- and I think
Commissioner McDaniel had asked that you bring back some
information on how we can expedite the process.
I would invite the Clerk and challenge the Clerk's Office to help
us with that. I mean, I would love to hear from the Clerk's Office,
what do you think can be done to help us do this in a way that the
Clerk's Office is in agreement with so that we're not guessing. I
mean, I think, if anything, the Clerk's Office needs to help us with
this.
MR. JOHNSSEN: Certainly, sir. I mean, we would definitely
respond to that invitation. But, again, we've actually made a lot of
effort to turn these around much quicker than any other --
COMMISSIONER SOLIS: Oh, no. Listen -- and I understand
everybody's trying to do what they can, but this is an
all-hands-on-deck kind of thing, and if we're doing it fast, we need to
do it even faster. I mean, this is where I think we're at.
And I'm loathed to get into this kind of thing, but I would like to
know from Ms. Sonntag, I mean, what marketing materials do we
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currently have? What are we doing to get the word out?
MS. SONNTAG: Currently, we have an agreement with Quest
Communications. They do email blasts, they have done media,
they've done television runs, they've done -- they've done videos that
they put on the web. They send out, you know, email blasts. It's on
the county's web page. I mean, I can certainly increase that.
COMMISSIONER SOLIS: How much are we spending on that
agreement?
MS. SONNTAG: I don't have that number off the top of my
head. I could certainly get that for you.
COMMISSIONER SOLIS: You know, if that's how we're
doing it, then we need to increase that.
CHAIRMAN McDANIEL: Wrap the buses.
COMMISSIONER SOLIS: Let's wrap the buses next week
with a message that says, "Apply for rental assistance." I mean,
we've got a way of advertising this that doesn't -- won't cost us hardly
anything, right? And people will see that.
MS. SONNTAG: People will see that; you are correct.
COMMISSIONER SOLIS: I mean, I would like to hear at the
next meeting a list of -- a list of specific things that you and your staff
are going to do to get the message out better, to get the message out
to more people, something innovative rather than just let's just send
out more emails. I mean, for God's sakes, you know, I don't -- I'm
going to go out on a limb and say most people don't read most of the
emails that they get.
I mean, you know, we have to think outside of the box if we
want to make something happen and then come up with -- you know,
there's got to be ways that we can expedite how this works. I'd like
to hear a list, not that we're trying to -- you know, we're trying to do
this. I want to know a list of what steps we're going to take or that
we can take to expedite this. I mean, we keep talking in generalities.
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This is beyond -- we're beyond generalities, and we're going to have
to end up sending money back to the federal government if we
don't -- if we don't get out of the generalities.
CHAIRMAN McDANIEL: We have -- the County Attorney
wants to speak a second here so -- if I may, and then I'll come to
Commissioner LoCastro and Commissioner Taylor.
MR. KLATZKOW: There are some significant issues with
wrapping buses. We don't do it for a reason. We can come back on
executive summary at the next meeting, but --
CHAIRMAN McDANIEL: We're talking about a lot of other
things other than the ordinance.
MR. KLATZKOW: I'm just saying --
COMMISSIONER SOLIS: We debated an ordinance to allow
private people to advertise on buses. I mean, we paint the buses
now. I cannot imagine that there would be an issue with us putting a
county message on a bus.
MR. KLATZKOW: You can, but then you're opening up to
other people putting messages on the outside of your buses, which is
what we've always tried to avoid. We have the internal advertising
for the people riding on the bus. But if we could just come back at
the next meeting with that.
COMMISSIONER SOLIS: I mean, we put a cat on the side of
the bus. How could we not put something on the bus? I don't
understand that. And I'd like to see a memo on that.
CHAIRMAN McDANIEL: The premise is, enhance the
information dissemination. That's the premise. Wrapping the
buses, maybe not. There might be -- there might be more
things -- there should be more things that we can, in fact, do.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Two weeks ago
Commissioner McDaniel and I voted against this ordinance not
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because we hate tenants, not because the landlords are in our back
pocket, not because we don't want to help people.
I'm the commissioner chair of the Affordable Housing Advisory
Committee and spend many hours with all of you as the
commissioner chair sitting there and digesting everything. And I say
today what I said two weeks ago. I want to pass something that
actually does something. I don't want to cut and paste what two
other counties did and then hold our breath and hope that it's
enforceable and it does something.
I'm not saying -- and we keep bouncing back and forth. I like
how Commissioner McDaniel keeps trying to, you know, bring us
back and say, you know, that wrapping of the buses, the $5 million;
we're here to vote on the 60-day ordinance. But they both go hand
in hand because it's both helping folks.
But 75 percent of the emails I get -- and I actually think I kind of
did sort of fudge the math -- or I guesstimated the math a bit, but I bet
it's close to that. Seventy-five percent of the emails I've been
flooded with by citizens telling me, please say yes to 60-day
ordinance, think -- they think that it's going to freeze rents, lower
their rent, help citizens find a place easier, create more affordable
housing, and stop evictions. It will do none of those things.
The point I was trying to make about tenants having a voice -- I
agree with Commissioner Saunders, nobody's going to go into
a -- especially in this housing market -- and talk to a landlord and get
their rent lowered. But what a lot of tenants are doing -- and I know
because I've gotten emails from them -- is when they were 120 days
out, they went and talked to their landlord and said, right now if I
sign a lease for another two years, what would be the -- what's the
rent increase going to be? And in some cases, it didn't go down, but
they knew 120 days out that it wasn't doubling, or in the case of
several of the examples I got, a landlord said, well, we're going to
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increase it $2,000. I'll sign today if you increase it only $800, and
I'll sign X numbers.
And if the -- if the landlord then says, no, I won't do that, then
this person has 120 -- they just passed their own 120-day notice.
And so that's why I sit here and go, I want to vote and put my name
on something that just isn't a feel-good thing and we all walk out of
here saying, oh, we helped residents. I don't think that there's
enough in here.
I would -- switching gears to the millions that we still have on
the table, I'd like to see us put our attention into that.
I kind of thought the issue with the wrapping of the buses -- and
that's why I said bus stops. We own those. Taxpayers build those.
If we set a precedent and, you know, other stores or companies want
to advertise on our bus stops, no. You know, we're putting
advertisements in places because we're in a crisis. So I think that's a
no-brainer, and we'll take whatever heat or precedent we have.
But I still have an issue that -- not that I don't think this is
something that speaks loudly to the issue, I just don't think it speaks
loudly to the answer. I feel exactly the same way. I think the
verbiage is much better but, you know, if we think that passing this is
going to do something magical, I think then our responsibility to
citizens is to really advertise what we didn't do today because, like I
said, 75 percent of the people watching on TV or who sent us emails
who are screaming for us to approve this, I believe -- I know. I don't
believe; I know they think this does something that it actually doesn't
do at all.
And so that's, my sort, of statement.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: What this does, the 60 days, is
give a tenant who is not aware of the availability or the possibility of
getting a rent supplement, it gives them time. People are working
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hard. People do -- you know, it's nice to think, well, you know, I'm
sitting here thinking, you know, in 120 days, you know, my lease is
up. Maybe I need to talk to the landlord. That is probably the least
from many tenants' mind.
They're worried -- you know, they're working. They've got
families. They've got inflation. They've got -- they've got, you
know, a lot of issues on the table.
So in a perfect world, they're doing it. The reality is, oh, my
gosh. I can speak directly to that in my commercial renting many,
many years ago. I was noticed that the rent was going to -- there
was a lease up -- my lease was up, or there would be a rent increase,
and I was too darned busy to pay attention to it. It's crazy. I mean,
I stayed with it. It was fair.
But what we're dealing now is we're dealing with landlords who
say, oh, by the way, your rent is $1,000 this year, and it's going to go
up to $4,000 a month. It's going to go four times. And, oh, by the
way, don't even bother getting money from the county because you
don't -- you don't -- you don't -- you're just not -- you just -- you just
are not suited for it because you don't make enough money. It is
unbelievable what's going on out there. It's an unfairness that is
beyond belief. And I think if we ask the Housing to do anything is
get some landlords in here and find out what the heck is going on.
Now, I know one thing that's going on, it's flood insurance. I'm
acutely aware of that. And that is only going to increase. There's
costs. But let's -- let's have a dialogue on both sides of the fence.
Yes.
COMMISSIONER SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: Commissioner Solis and then
McDaniel.
COMMISSIONER SOLIS: I had -- I was not going to support
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the motion, but I will support the motion if the motion maker will
amend it to include in this notice that the landlords have to give the
60-day notice, language telling the tenants that there is a county
program and they should apply for the rent. I mean, there's -- I
mean, there's lots of required disclosures in leases. And I think if we
just put in there that there's -- please check with Collier County for
rental assistance options, I don't know how that's any different than
requiring a landlord to give a notice that they don't otherwise have to
give. And I would support it if we did that, because that actually
will accomplish something, I think, in my crystal ball.
COMMISSIONER SAUNDERS: I'm not going to amend the
motion to do that. I hate to see this thing fail. If it fails, it fails.
But to start adding more requirements on landlords to help us with a
program that, quite frankly, is going to -- part of the program is going
to expire in September, I just don't think that it's right to add this type
of a notice requirement on the part of the landlord in a hearing on the
ordinance. They're not prepared for that. And so I'm not going
to -- I'm not going to amend the -- my motion. My motion may fail,
but I think that's the wrong way to go.
CHAIRMAN McDANIEL: I have a question for the County
Attorney. When a landlord serves a notice of rental increase to a
tenant that is excessive and the tenant cannot afford it, what does that
ultimately end up coming into?
MR. KLATZKOW: You wind up leaving the apartment either
voluntarily or through a sheriff.
CHAIRMAN McDANIEL: And then when the tenant can't
leave because they can't go find something else, what's the tenant
then deemed?
MR. KLATZKOW: Holdover tenant.
CHAIRMAN McDANIEL: And what does Statute 83 currently
provide for with regard to a holdover tenant?
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MR. KLATZKOW: Your rents are doubled.
CHAIRMAN McDANIEL: Correct. So the passage of this
ordinance is setting us up to be, again, in conflict of the statute that
already reigns with regard to the communication between a landlord
and a tenant.
MR. KLATZKOW: No, it does not, in my opinion. This is a
very -- I am not going to say this ordinance is going to be a godsend
to anybody. It's a simple notice provision that your lease is expiring
in 60 days, and we're going to raise your rent by X number of dollars,
period. That's all it does.
COMMISSIONER TAYLOR: And it puts the responsibility on
the landlord to notify the tenant instead of the tenant coming in at the
11th hour and finding out their rent is being raised, and I --
MR. KLATZKOW: It requires the landlord to give 60 days'
notice that I am increasing your rent more than 5 percent. That gives
the tenant sufficient time to go apply for rental assistance. I
understand that they need to know that we have those programs, but
that's something we can work on. But that's all this does. Is it
going to solve the affordable housing crisis? No.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: No, I just wanted to comment
on something Commissioner Taylor said about, you know, back in
the day when you were renting, you know, you had a lot of
responsibilities and things like that, but we're in a housing crisis now,
so I don't think back in the day rents were being quadrupled. And
now, as we keep saying, this is a crisis, this is a crisis, I think our job
is to make sure we educate tenants as much as possible. And I think
responsible tenants are going to their landlords. I am hearing folks
say, you know, I went to my landlord at 120 days. He said he was
going to double my rent. I can't afford that. I just gave myself a
120-day cushion to now, you know, look around.
May 10, 2022
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And I am a little bit -- before we vote, I like a lot of what
Commissioner McDaniel is saying when he's bringing up the Florida
Statute, because there is already something in the statute that says for
termination. And I realize we're talking about two different things,
rental increase and termination. But, you know, somebody -- the
Florida Statute still does protect somebody from getting kicked out
on the street with no notice or two days' notice, correct? I mean, if
the person decides that they can't afford, you know, the new rent, and
they take the responsibility to talk to the landlord, which I think we
need to remind people that they actually have that right and that
ability, they can't get kicked out on the street with a 24-hour notice,
correct?
MR. KLATZKOW: They can, yes. There is no notice
provision. What the statute says, when you have a lease that's on a
term, all right, we can't require them to give more than 60 days'
notice. The language they're putting up is for leases that have no set
term, which almost never exist, all right. In my opinion, the Florida
Statute is fairly one-sided for the landlords.
COMMISSIONER SOLIS: Totally.
MR. KLATZKOW: All right. It's just -- having recently been
involved in a lease in Fort Lauderdale, I'm having some interesting
issues with my landlord. I am telling you it is a one-sided statute.
And that's fine. It is what it is. The statute also preempts us on
most things. It's what it does, all right. The one thing that I don't
think it does preempt us is to simply tell a landlord, look, if you're
going to raise somebody's rent by more than 5 percent, give them 60
days' notice. That's all this does.
CHAIRMAN McDANIEL: All right. I think we've -- I think
we've done as much damage to this subject as we can. I would like
to vote on the 60-day ordinance that's in front of us, and then I would
like to get some consensus from the Board with regard to
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prioritization on how we get the monies that we do, in fact, have
available disseminated to the folks that are in need.
So first of all, it's been moved and seconded that we pass this
ordinance for requirement of a 60-day notice.
COMMISSIONER SAUNDERS: Could we do a roll call vote?
Because if it's a 2-3 vote, we may not get the -- we may not hear how
it goes. So if we could just do a roll call vote, Mr. Chairman.
CHAIRMAN McDANIEL: Sure.
COMMISSIONER SAUNDERS: If you could call the roll.
CHAIRMAN McDANIEL: All in favor of --
COMMISSIONER SAUNDERS: No. A roll call vote,
someone asks -- calls the names.
CHAIRMAN McDANIEL: A motion has been made to
approve the 60-day notice ordinance by Commissioner Saunders and
Commissioner Taylor.
MS. PATTERSON: Commissioner Solis?
COMMISSIONER SOLIS: No.
MS. PATTERSON: Commissioner LoCastro?
COMMISSIONER LoCASTRO: No.
MS. PATTERSON: Commissioner McDaniel?
CHAIRMAN McDANIEL: No.
MS. PATTERSON: Commissioner Saunders?
COMMISSIONER SAUNDERS: Yes.
MS. PATTERSON: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes.
Motion fails 3-2.
CHAIRMAN McDANIEL: 3-2.
COMMISSIONER SOLIS: Mr. Chair?
CHAIRMAN McDANIEL: Sir.
COMMISSIONER SOLIS: I'd like to make a motion.
CHAIRMAN McDANIEL: Well, you just go right ahead.
May 10, 2022
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COMMISSIONER SOLIS: I'd like to make a motion that we
amend the ordinance to include that the notice to be provided by the
landlords also state that Collier County has rental assistance options.
Please contact --
MS. SONNTAG: Collier County Housing.
COMMISSIONER SOLIS: -- Collier County Housing at
239-252 --
MS. SONNTAG: Oh, 4228.
COMMISSIONER SOLIS: -- 4228.
CHAIRMAN McDANIEL: Commissioner Solis has made
that -- has made a motion to require that 60-day notice with an
additional notice for the rental assistance programs that Collier
County currently has available. Is that an --
COMMISSIONER SOLIS: That's a motion.
CHAIRMAN McDANIEL: -- okay synopsis?
COMMISSIONER SOLIS: Yep.
CHAIRMAN McDANIEL: That's your motion. And we're
going to call it to have failed for lack of a second.
COMMISSIONER LoCASTRO: I have a comment.
CHAIRMAN McDANIEL: I have a comment on it --
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: -- by the way. Do you want to go
first? You're lit up. I like letting you folks talk first in case
somebody else has a better idea than me.
COMMISSIONER LoCASTRO: I like the spirit of trying to
beef this up and actually make it something that two dozen other
counties will cut and paste from us because we actually did
something that was effective. So I like the spirit of what you're
saying.
What I don't like is, I don't think deputizing landlords to do our
job for us is what we want to do. What I want to see our Housing
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office and our entire team do, a team that we beefed up, a team that
we've give a dozen homework assignments is to make sure that that
tenant already knows that when they walk into the landlord.
I mean, what do you think a landlord's going to do? Do you
think they're going to be an extension of county staff and go, well,
right before I kick you out, here's a bunch of pamphlets on what you
can do. That's our job. That's our job.
So if we needed the landlords to do that, if we needed to
deputize and augment them, then we must not be doing our job very
well. I want to see that residents aren't sending all of us emails
saying, never heard of the money, never heard of the thing. How
can they triple my rent? Why is this happening? And that's what I
want to see attacked. I want to see in short order this county flooded
with information arming residents, not trying to figure out how
landlords can sort of -- so I like the spirit of it, for sure, but I don't
think that that's -- that that makes this way better.
So I think we've given you enough things to do through the
Affordable Housing Advisory Committee. I'm certainly going to
follow up and make sure that we do all those things and we even
brainstorm even more things, and investing a small amount of money
to make sure we don't lose millions is, I think, what we need to
concentrate on, and we need to educate tenants that they actually do
have leverage. They do have the ability to speak with their
management, and we need to be encouraging them to do that well in
advance so they're not hit, you know, a week prior and blindsided, as
we keep hearing. And I think a lot of that is just lack of education.
Everybody knows this is a crisis, but there's so many
people -- hearing we've gotten 500 applications. That number
should be 5,000. So that's where we have failed. And I don't want
to look for a -- to a part-time landlord to be the secret sauce to help us
get this word out. That's our job.
May 10, 2022
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CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: This may take a couple
comments, and I apologize. I recognize how short human life is, and
I want to get this done as quickly as everybody here.
Commissioner Solis, unless I misunderstood your motion, you
do have a bit of support for this type of ordinance. You just don't
like the fact that this doesn't have the language in it that you've
suggested.
I am opposed to putting that language in, quite frankly, because
landlords have not had an opportunity to respond to it. I don't think
it's fair to put a burden on a landlord without the landlord having the
opportunity to explain to us why that might not be a good idea.
So this is a fairly quick issue. If you are supportive of doing
something today, doing this ordinance today, even though it doesn't
have your language in it, then I would ask you to file a motion to
reconsider, and we can revote and pass this and at least provide some
form of assistance to tenants to have that notice. Now, if you're not
willing to do that, that's fine. But if you are, I'm just suggesting you
could do a motion to reconsider, and we could move this on again.
COMMISSIONER TAYLOR: Am I next?
CHAIRMAN McDANIEL: Yes. I haven't called on you yet.
You're down there waving at me.
COMMISSIONER TAYLOR: Following up, I didn't want -- I
didn't want -- I wanted to suggest -- one of the things I want to
suggest is that we hear from some landlords, and certainly not to put
them on, you know, the -- you know, to put them in here and subject
them into criticism but to understand what's going on, and at that
point, we could discuss this.
COMMISSIONER SOLIS: Let's continue the item until next
week.
CHAIRMAN McDANIEL: Well, my suggestion was going to
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be -- because I agree that doing something that has some warrant of
assistance is a good idea, but I don't concur with on-the-fly language
that you were looking to do. That's why I didn't support your
motion. But I don't like feel-good ordinances either because I don't
think this one, as Commissioner LoCastro has said, doesn't
do -- doesn't do anything.
But if you want to bring back some language with regard to a
notice that you feel comfortable with that we could have the
landlords weigh in on to see if it accomplishes all sides along the
way, then I think at that --
COMMISSIONER SOLIS: What would -- can I -- I'd like to
respond to Commissioner Saunders, if I may.
CHAIRMAN McDANIEL: Sure. He's right there.
COMMISSIONER SOLIS: Why -- you know, if you're
concerned that the landlords haven't had a chance to respond to this,
then let's continue this. Let's give them an option to weigh in on
having this kind of a notice. I mean, leases have all sorts of notices
in them.
I don't know why a landlord would ever not want someone to be
able to afford to pay the rent. And I would support it.
I think, again, you're saying that I'm not supporting the
ordinance as written that it does something. I don't see how it does
anything. I don't. I mean, it creates a notice that the landlords have
to send out that they don't otherwise have to send out. If we're going
to do that, then let's accomplish something by at least getting the
word out to the people that are in the situation that they need to know
that there's money there; that's an immediate connection.
And, you know, let's bring it back and give the landlords -- I
totally agree, let's give the landlords the opportunity to respond to
that.
CHAIRMAN McDANIEL: Commissioner LoCastro.
May 10, 2022
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COMMISSIONER LoCASTRO: You know, if this fails, one
of the big disappointments I have is the same thing I said two weeks
ago. The front page of all the social media and our news media here
will say, Commissioners once again kicked the can, didn't care about
the tenants, could have done something and, you know, it will be
irresponsible reporting, once again.
I didn't vote no to kick the can. I'm sure there's people that are
members of the Affordable Housing Advisory Committee with me
that just want me to vote yes so we can, quote, do something. I'm
not here to do something. I'm here to do the right thing.
I got a whole bunch of emails saying, we need to do something
fast. I'm here to do something smart, not just fast so that we can feel
good.
I agree with Commissioner Solis. I won't say it does nothing,
but it does so little that I think my "no" vote helps us light a fire
under our team to say, okay, bring us back something that we can
vote on unanimously that actually does something.
And I go back to my initial comment, I think voting yes on this
sends a signal to a whole bunch of people that think this does a whole
bunch of things that it doesn't do and even the press will say, oh, the
commissioners finally woke up and did something and voted, you
know, 4-1 for a 60-day notice for landlords. Finally, you know, they
came down from their ivory towers and did something. And that
couldn't be further from the truth.
So what I say is it's not -- this is a -- this is a crisis, but rather
than just vote on something that I think is thin and already tenants
have the -- have the ability to get notice and figure out what's going
on with their lease I'd like to, you know, vote on something that, like
I said, other counties cut and paste from us, and I don't think this does
it, so...
But it's not -- you know, my stress here is we're not kicking the
May 10, 2022
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can, and our three no votes aren't because we're stupid and don't care
about residents. I think, you know, all of us here have worked, you
know, harder on this affordable housing issue and how we can help
tenants. But, you know, I'm not here to just photocopy what another
county did and then call it a day.
So I hope my no vote energizes the team to include my fellow
Affordable Housing Advisory Committee members that are probably
disappointed in my vote. Well, bring me something that we can get
a unanimous vote here on that actually does what we need it to do.
COMMISSIONER SAUNDERS: Mr. Chairman, I don't have
any problem continuing this.
CHAIRMAN McDANIEL: Well, it's -- there's really -- if
you're interested -- the vote's already been taken. We don't have to
continue it. The motion that was made was failed -- has failed.
And I suggest if somebody wants to do something else, that we
bring it back as an additional agenda item and have the community
weigh in on it. I mean, there's a --
COMMISSIONER SOLIS: Then I'll move to -- for a
reconsideration of the ordinance --
COMMISSIONER LoCASTRO: Second.
COMMISSIONER SOLIS: -- at our next meeting.
COMMISSIONER LoCASTRO: Well, I assumed that's when
you meant.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: And, I mean, I'll propose some
more language.
CHAIRMAN McDANIEL: Fair enough. It's been moved and
seconded that we do a reconsideration for the ordinance to come back
to us at our -- do we have to do that? We can just bring it back at the
next meeting, similarly. I mean, we don't --
COMMISSIONER TAYLOR: No. I think it's important to
May 10, 2022
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send a message to the community who's watching.
CHAIRMAN McDANIEL: Sure, that's fine. I'd be happy to
do that. It's been moved and seconded that we reconsider [sic] this
ordinance to our next meeting. 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.
COMMISSIONER TAYLOR: So I do have a final -- a
comment on something that you said earlier, and I know you didn't
intend it. But the penalty for paying fraudulent contracts is on the
backs of our taxpayers.
CHAIRMAN McDANIEL: I understand that.
COMMISSIONER TAYLOR: And the speed with which
things are moving through the Housing and the Clerk's Office is light
years compared to what it was when we started. And I think it's very
important to me to send a message to the staff that you're doing a
great job, that you are being very -- I'm pleased with your concern
about taxpayers' money, and I'm also very pleased with the
cooperation between the Housing Department and the Clerk's Office,
because the Clerk is the one who finally cuts the check. And I think
this is -- this bodes well for our future with this. So thank you.
MS. SONNTAG: Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I had suggested I think
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probably an hour ago that you come back and tell us all the resources
you need --
MS. SONNTAG: Yes, sir.
COMMISSIONER SAUNDERS: -- to make all of this happen.
That includes advertising, that includes personnel, appropriation of
dollars. Whatever you need, come back, and let's get that done for
you.
COMMISSIONER LoCASTRO: On the heels of that, Kristi,
can I just ask you something?
CHAIRMAN McDANIEL: Can I say something?
COMMISSIONER SAUNDERS: Can I finish my sentence?
COMMISSIONER LoCASTRO: I'm sorry.
CHAIRMAN McDANIEL: Because I'm sitting down here
waiting to address Commissioner Taylor, but I'm totally --
COMMISSIONER SAUNDERS: I don't know that that needs
a motion. It needs a -- it certainly would need consensus.
COMMISSIONER TAYLOR: Consensus.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: So I'm asking the Board if
there's consensus for staff to do what I just said.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER LoCASTRO: Yes.
CHAIRMAN McDANIEL: Are you okay with that? I mean, I
had hoped that it was going to come --
COMMISSIONER TAYLOR: Commissioner Solis?
COMMISSIONER SOLIS: Oh, no, I'm in agreement, but I
would like to see the marketing plan.
MS. SONNTAG: Absolutely.
CHAIRMAN McDANIEL: Okay. And I -- to address your
comment specifically, I meant to say what I meant to say with regard
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to the exposure for the clawback for the money. I want it to be
known that as long as we're not obligating the taxpayers for the
aggregate amount of the bequeathed money from the federal
government for rental assistance, that we are doing everything that
we possibly can even at the risk of a clawback if someone does, in
fact, get past all the eyes and the fraud.
I wanted to make -- I was making the comment that
we -- literally, we spend $10 million a year in landscape median for
our medians for our highways on the backs of the taxpayers. And I
wanted -- I wanted to delineate a prioritization of how we're spending
our taxpayers' money. That was the comment that I made.
COMMISSIONER TAYLOR: And I would agree, it's very
important. It's extremely important, but there's a spending of
taxpayers' money, and then there's a wasting of taxpayers' money,
and that's what I'm concerned about.
CHAIRMAN McDANIEL: How apropos. Are you going to --
COMMISSIONER LoCASTRO: Yes.
Kristi, I think it appropriate that we call an Affordable Housing
Advisory Committee emergency meeting, even if it's just through
Zoom. I'll let you work through all the legalities of it, because the
brainpower in that room is ginormous and people who really care and
are 100 percent focused on this.
In order to bring back in two weeks all these great and
wonderful ideas, how amazing it would be if we could get that group
together. And like I said, even if it's short notice, send out Zoom
call, and let's really encourage all of our members to get on a call or
whatnot. It would probably be much easier to do that well before the
two weeks, so maybe this is something we're doing, you know,
sooner than later. And we're asking them those exact things. How
can we put an ordinance together that's going to be voted on
unanimously or passed? The advertisement things we can do. All
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the homework assignments that have been talked about there. Think
of the members that are part of our Affordable Housing Advisory
Committee to include citizens. So let's get the word out, get as many
people on that call as possible so that we can bring back feedback.
Even maybe landlords.
So call Johnmichael and say this failed. You said, hey, if it
passed, 90 percent of the landlords would have no trouble with it.
Okay, it didn't pass. What do we need to do? And let's bring that
expertise. That's what that advisory's committee for. I know we
just had a meeting, but we're in an emergency crisis.
I want to see an invite to all those folks and also encouraging
people in that invite to share that invitation with citizens, landlords.
The more the better. Real estate agents who are concerned about
this ordinance. And let's -- we can then bring back actually exactly
what Commissioner Taylor and a few others have talked about is
feedback from people, and our advisory committee can truly advise
this board.
CHAIRMAN McDANIEL: Thank you.
MS. SONNTAG: Thank you.
CHAIRMAN McDANIEL: Now, before we take our lunch,
there's a couple of people that are in here in the back that -- do we
have a couple items that we can take on fairly quickly to let
Mr. Dorrill get back to work?
MS. PATTERSON: Sure, absolutely.
Mr. Dorrill will present or answer questions.
Item #11A
AWARD INVITATION TO BID (“ITB”) NO. 22-7945, “PHASE 2
PELICAN BAY SIDEWALK IMPROVEMENTS,” TO QUALITY
ENTERPRISES USA, INC., IN THE AMOUNT OF $6,761,475.50,
May 10, 2022
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AUTHORIZE THE CHAIR TO SIGN THE ATTACHED
CONSTRUCTION SERVICES AGREEMENT, AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENT – APPROVED
CHAIRMAN McDANIEL: Anybody have any questions?
COMMISSIONER TAYLOR: No. I'd like to move approval.
We've reviewed this before.
CHAIRMAN McDANIEL: Yes, we have.
MR. DORRILL: Yes, ma'am.
COMMISSIONER TAYLOR: This is a good-news item.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: This really is, thank you. Thank
you for coming, and say thank you for getting you out of here before
we go to lunch.
MR. DORRILL: You're very grateful.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the item as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: (Absent.)
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Thank you, sir.
All right. It's 12:27. We'll be back at 1:30.
(A luncheon recess was had from 12:27 p.m. to 1:30 p.m.)
CHAIRMAN McDANIEL: Hello. Mary's back there telling
May 10, 2022
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me to tap the thing.
Good afternoon, everybody.
MS. PATTERSON: Commissioners --
CHAIRMAN McDANIEL: Yes. Help me with the agenda for
a second till I get my computer wrapped up here.
MS. PATTERSON: Absolutely, Commissioners.
Item #9C
ORDINANCE 2022-17: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, PROPOSING EVALUATION AND APPRAISAL
REVIEW (EAR) BASED AMENDMENTS TO ORDINANCE 89-
05, AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING
THE CONSERVATION AND COASTAL MANAGEMENT
ELEMENT TO ADDRESS SEA LEVEL RISE, AND UPDATE
NOMENCLATURE, AND FURTHERMORE, DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE – ADOPTED W/CHANGES
We're going to be starting with Item 9C, which is an item that
was moved from the summary agenda, formerly 17A. This is an
ordinance of the Board of County Commissioners of Collier County,
Florida, proposing Evaluation and Appraisal Review (EAR) based
amendments to Ordinance 89-05 as amended, the Collier County
Management Plan of the unincorporated area of Collier County,
Florida, specifically amending the Conservation and Coastal
May 10, 2022
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Management Element to address sea level rise and update
nomenclature and, furthermore, directing transmittal of the adopted
amendment to the Florida Department of Economic Opportunity.
Mr. Mike Bosi, your director of Planning and Zoning, will
present.
MR. BOSI: Good afternoon, Commissioners. Mike Bosi,
Planning and Zoning director. And with me today I have James
Sabo, our Comp Plan manager, and Rachel Hansen, the principal
planner within our Comprehensive Planning staff, that helped put
together the amendment to the CCME.
I have a PowerPoint presentation. It's only six slides, I could
run through, and we'll just give an overview of what's being
requested. This is the second time that it's been to the Board of
County Commissioners, and this is an adoption hearing. We had
transmittal hearings with the Planning Commission in the summer,
September of last year, with the Board of County Commissioners had
some back and forth with DEO, but we're here for the adoption
hearing.
Back in 2015, the legislature approved House Bill 1094 and
amended 163.3178, the Community Planning Act. During the
legislative session of 2020, the State of Florida, the legislature,
required that all locals comply with the Coastal Management Act,
and this is going to require Collier County to amend the CCME,
which is the Coastal Conservation and Management Element, to
develop strategies to address impact of sea level rise and flood storm
and surge in coastal areas.
On September 14th, 2021, is when the Board approved
transmittal of the proposed CCME amendments to DEO. When we
transmitted that to DEO, they came back to us, and they determined
that our original attempt wasn't sufficient in establishing meaningful
and predictable guidelines for addressing sea level. We weren't quite
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sure what they were referring to that. Rachael reached out to DEO
and had a number of conversations which provided past examples of
local jurisdictions that had adopted, and we had modeled the
improvements off of that.
The changes to the amendments are based upon the peer
counties that we reviewed that were approved by the DEO, and they
addressed their comments regarding meaningful and predictable
guidelines. Objective 4.1 sets a five-year cycle towards where we
address issues related to sea level rise. That's a reoccurring effort to
make sure that we are doing all that we can to ensure resiliency for
the county.
Policy 4.1.1 acknowledges data and analysis from sources to
include, but not limited to, NOAA and to the ACUNE model. Policy
14.1.6 adds a commitment to coordinate with local municipalities
related to adaptation and mitigation measures. A lot of those related
to a local compact. More specific language throughout which
connects the existing objectives and policies to the objective of
addressing sea level rise.
A couple other changes that were suggested by the Planning
Commission, and the Planning Commission requested that we
remove the reference to the ACUNE model, and they just wanted to
have it open ended in terms of how it -- how it would be addressed.
Of course, the coordination with the other local municipalities.
And our recommendation for the Board is to direct staff to adopt
the proposed changes to the CCME. And what I would say, our
existing GMP and our Coastal Management Area is not devoid of
attention to sea level rise. One of the things that we have a
long-standing practice of identifying the Coastal High Hazard Area
limiting density in property within that area based upon the frequency
of storm events. So we have components that recognize the issues of
coastal -- in coastal resiliency. What we're being asked to do is take
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another step forward utilizing best local information and data and
coordinate with our local municipalities and counties to make sure
that we're on the right track to address the issues of climate change
and sea level rise.
And with that, any questions that we may be able to answer for
you?
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: In your opinion as planning
director, what is our best source of information of sea level rise at this
point?
MR. BOSI: As a urban planner, I wouldn't be able to identify
one specific source in terms of from an -- because my bailiwick is not
environmental policy or climate change. I would say the research
that's out there available that's published by reputable scientific
organizations, university-based. University-based research is always
one that we've -- I have found in my career is traditionally strong and
based upon a scientific approach.
So I wouldn't have one particular source that I would say. I
would say that we'd have to evaluate all of the information related,
because there's a number of different models that are out there.
There are a number of different estimates as to what the effects are.
And being exact on what the effects are is not important -- taking the
steps to address resiliency and knowing that the sea level is rising.
We're not -- we don't have to try to figure out the cause of it. We
just recognize that it is.
And what we do is we take steps to recognize that that's a
physical fact and what can we do to address that issue to better
protect our -- and most certainty what this is focused upon is those
low-lying areas, the ones that are the most vulnerable. And that's
what our efforts will be doing. If we adopt this, then the work really
does begin. That's when we really have to start in getting to the
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science and getting to some potential recommendations for the
Planning Commission and ultimately the Board to consider.
COMMISSIONER TAYLOR: Several years ago, when we
were talking about sea level rise and the effects of sea level rise on
this community, there was a bathtub model that was used by staff,
and then there was ACUNE, and it was night and day in terms of the
precision of -- and the data used to bring it to for.
So I guess my question is, why would we leave ACUNE out of
this?
MR. BOSI: There's no intention to leave --
COMMISSIONER TAYLOR: No. But, I mean, why would
we remove the reference?
MR. BOSI: I think the reason why the Planning
Commission -- they did not want to marry themselves to one
particular model. They wanted all of the information to be
considered. And I do not -- and there was no discussion from the
Planning Commission towards where -- did they impugn or criticize
ACUNE. It was they did not want to name one particular model just
because they know there's a wealth of information out there, and they
wanted us to be able to feel free to utilize what the science -- what the
science was saying was the best information out there.
COMMISSIONER TAYLOR: Which I thought the first phrase
before they wanted the -- that phrase admitted completely. I thought
it did that. I mean, it mentioned it, but it talked about other --
MR. BOSI: It mentioned NOAA, and it mentioned ACUNE
and other information.
COMMISSIONER TAYLOR: Yes.
MR. BOSI: And it's the will of the Board of County
Commissioners. We could add that back in or we can remove it. I
don't think it limits or ties our hands on either way.
COMMISSIONER TAYLOR: What I remember from those
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early days when we started talking about this issue is the stark
difference between the bathtub model, which was $35,000, and we
could -- you, too, could buy it next week and get it, which gave
everybody buildings along the beach a lot of confidence that life was
good, and then what was happening with the City of Miami and
ACUNE and what they were doing over there, and the City of Miami
Beach, specifically, who decided to raise their roads five feet.
So my concern is that we -- I think -- I think ACUNE has
been -- I mean, I'm not saying there's not other ones, but I think
there's a certain amount of respect for that program that I would like
to keep it included in here, and I think County Manager -- Acting
County Manager Patterson has something to say.
MS. PATTERSON: Commissioners, Commissioner Taylor,
this is an evolving science. So to the extent that we can leave
flexibility, because even ACUNE will grow and change.
COMMISSIONER TAYLOR: Yes.
MS. PATTERSON: So if the reference is ACUNE, NOAA,
and other datasets and models, I think that's fair. There was an
attempt to limit this down to ACUNE only. I believe that would be a
mistake simply because everything changes over time.
So if it is the will of the Board to make more specific references
to models, I don't see any trouble with that nor do I think Mr. Bosi
sees any issue with that, but we do need to have that flexibility to use
the appropriate model at the appropriate time.
MR. KLATZKOW: And you can put it in your Land
Development Code. The specifics of this will be implemented in
your Land Development Code. That will include any model you
want. Much easier to change the Land Development Code than it is
the Comp Plan.
COMMISSIONER TAYLOR: Yeah, I would -- I don't know
where my colleagues are on that.
May 10, 2022
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CHAIRMAN McDANIEL: And we've done this before when
we were talking about other models. Rather than -- rather than
deploying a specific model in our GMP, which is almost static, a
toolbox of models for us to be able to get at and use. And if we
name the ACUNE, fine, and NOAA and any of the others, the
bathtub model as the case may be.
COMMISSIONER TAYLOR: Well, I don't think so.
CHAIRMAN McDANIEL: Well, you're entitled to your
opinion. It is a dataset that's, in fact, out there, and the goal here is
for flexibility within our GMP.
COMMISSIONER TAYLOR: That's what concerns me. So
without mentioning NOAA and ACUNE, there's no standard by
which we hopefully aspire to and even surpass. But using the
bathtub model, it makes every developer in the United States of
America very happy, and that's what I want to avoid. I don't want
that quick fix and, oh, this is -- that's why it's called a bathtub model.
Fill the bathtub. Looks good. Let's go. Where ACUNE says, well,
depending on your storm and where it's coming from and what the
currents are, the chances of hurricane affecting this region in Collier
County by so many feet will be this.
CHAIRMAN McDANIEL: I'm well aware of what the
ACUNE does.
COMMISSIONER TAYLOR: So I just -- I just -- I'm not
suggesting we limit it. I'm just suggesting that we acknowledge it
as -- maybe let's put it a starting point.
CHAIRMAN McDANIEL: Not even.
COMMISSIONER TAYLOR: Okay. Acknowledge it.
CHAIRMAN McDANIEL: As long as it's a tool in our
toolbox, we can certainly name it.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: I didn't see the need -- as Mr. Bosi
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said, I didn't see -- and there's other people here. I'm not debating
this with you. I think we're actually saying the same thing but just
coming at it from a different angle. I don't see any harm in naming
the model as long as it's a portion of the toolbox.
COMMISSIONER TAYLOR: Good, all right.
MR. BOSI: And the second bullet point I put back up, and this
was the words that were removed -- or recommended to be
removed -- it's not removed. They recommended that the Board of
County Commissioners removes it -- remove the "including, but not
limited to, data from NOAA and ACUNE." We can add that back in
at the direction of the Board of County Commissioners. And we
completely understand that that doesn't limit us. That doesn't marry
us.
COMMISSIONER TAYLOR: Good.
MR. BOSI: We hear the message loud and clear.
COMMISSIONER TAYLOR: Yeah. I'm not trying to tie the
hands of competent staff, not at all.
CHAIRMAN McDANIEL: All right. Thank you. And then I
have one more question of our County Attorney. In terms of this
effort by the state and the chief resilience officer and the things we've
spoken about, could you address that, please.
MR. KLATZKOW: It's almost schizophrenic. The State of
Florida -- and I don't mean this in a bad way -- is heavily into private
property rights. It's one of the cornerstones of Florida policy.
People have vested rights, all right. And the most expensive real
estate is the real estate near the coast.
So until that -- Florida gives you the ability to actually make
meaningful changes to these vested rights, I don't know what it is
we're supposed to do other than raise your roads or whatever. I
mean, the county infrastructure you can control, but putting up
60-story condos in Miami is still going on, they're just a couple of
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feet above sea level. So this is --
CHAIRMAN McDANIEL: And sinking.
MR. KLATZKOW: -- so it's just private property rights here.
I don't know how you implement this.
COMMISSIONER TAYLOR: All right. Thank you.
All right. Thank you. Are we ready?
CHAIRMAN McDANIEL: I'm waiting on you.
COMMISSIONER TAYLOR: Okay. I'd like to make a
motion, if no one else wants to speak to this, that we agree to approve
the changes to the amendment, the only change being on Policy
14.1.1, that we change to remove the word "change" from "climate
change." Everything else stays as written originally.
CHAIRMAN McDANIEL: That wasn't what we were talking
about. We were talking about "including, but not limited to, NOAA
and ACUNE." There's two removed --
COMMISSIONER TAYLOR: No. I don't want to do that. I
only want to agree to the change -- the one change, which is
removing the word "change" from "climate change," so it would read
"climate" whatever. So I'm agreeing to the one -- if we look at the
second bullet point.
CHAIRMAN McDANIEL: There's one bullet point there on
14.1.1, and there's two recommendations from the CCP, and it's, one,
removing the word "change" from "climate change," and what impact
does that have on our world?
MR. BOSI: It will have no material -- it's related to the -- to
climate. And this was just specifically referencing -- the phrase is
sea level rise and climate change, and they just recommended it just
be climate. It doesn't really have an effect upon what we're going to
do. We're going to go out and study the low-lying areas and develop
resiliency plans associated with that.
CHAIRMAN McDANIEL: And then we're to add back in,
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Commissioner Taylor, the "including, but not limited to, data from
NOAA and ACUNE," however you say it?
COMMISSIONER TAYLOR: Yes. Yes, please.
CHAIRMAN McDANIEL: It's been moved that that's what we
do. Somebody want to second that?
COMMISSIONER SAUNDERS: I'll go ahead and second it.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we make those adjustments to this adoption of this
ordinance with those changes. And I'm okay with it as long as -- as
long as staff is assuring us -- assuring me that we're not going to get
in a box.
MR. BOSI: There will be no box, and there will be nothing that
staff can do that they can do unilaterally. Anything that staff
proposes will be reviewed by the Planning Commission, the EAC,
and ultimately will be evaluated by the Board of County
Commissioners. I will remind that this is a Growth Management
Plan amendment adoption hearing, so we do need four for approval.
It's not a simple majority. We need four.
CHAIRMAN McDANIEL: Gotcha. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All right. It's been moved
and -- moved and seconded that we accept the adoption of this
ordinance as adjusted by Commissioner Taylor and the second. 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.)
May 10, 2022
Page 120
CHAIRMAN McDANIEL: So moved, 5-0.
COMMISSIONER TAYLOR: Thank you very much.
Item #9D
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT
SIMPLIFIES REPLATTING GOLDEN GATE ESTATES TRACTS
BY AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, TO CREATE SITE DESIGN
STANDARDS AND WAIVE SUBDIVISION IMPROVEMENTS
FOR THE SUBDIVIDING OF GOLDEN GATE ESTATES
TRACTS, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: CHAPTER FOUR – SITE DESIGN AND
DEVELOPMENT STANDARDS, INCLUDING SECTION 4.03.06
– GOLDEN GATE ESTATES LOT DIVISIONS; AND APPENDIX
B – TYPICAL STREET SECTIONS AND RIGHT-OF-WAY
DESIGN STANDARDS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE - MOTION TO CONTINUE
TO THE MAY 24, 2022, BCC MEETING – APPROVED
MS. PATTERSON: That brings us to Item 9D, formerly 17C.
This is a recommendation to approve an ordinance of the Board of
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County Commissioners of Collier County, Florida, that simplifies
re-platting Golden Gate Estates tracts by amending Ordinance No.
04-41, as amended, the Collier County Land Development Code,
which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to create site design
standards and waive subdivision improvements for the subdividing of
Golden Gate Estates tracts by providing for: Section 1, recitals;
Section 2, findings of fact; Section 3, adoption of amendments to the
Land Development Code, more specifically amending the following:
Chapter 4 site design and development standards including Section
4.03.06, Golden Gate Estates lot divisions; and Appendix B, typical
street sections and right-of-way design standards; Section 4, conflict
and severability; Section 5, inclusion in the Collier County Land
Development Code; and Section 6, effective date.
Mr. Mike Bosi, your Director of Planning and Zoning, will
present or answer questions.
MR. BOSI: Mike Bosi, Zoning director.
This is an amendment that has been considered and thought
about within the Growth Management staff for a long time just
because of some unique nature of the Estates and what's not required
and what is required related to the subdivision platting associated
with the Estates, specifically that there are no required infrastructure
improvements related to water or sewer in the Estates. As we know,
there's septic and well. No requirements for landscape or buffering,
no requirements for subdivision phasing or sidewalks as mentioned,
and because of that, it places somewhat of a conflict in terms of when
you are required to go through a full construction plan submittal,
bonding in these requirements are specified by the code. And so
we've always had to kind of have a workaround when we're dealing
with the Estates when you're platting three or more parcels of land.
This will not change and this does not change the requirement
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for each parcel of land to meet the two-and-a-quarter-acre
requirement. It does not change the requirement for the
150-foot-wide lot width requirement. It doesn't change the density
in Golden Gate Estates.
What it does is provides for a more simplified process to allow
for the platting of individual -- of individual lots within the Estates.
When you plat, it requires that each lot has a roadway
connection. There's about 44 lots within the Estates that are over
6-and-a-half -- or 6.75 acres that aren't very wide, but they're very
long, and they could -- if they're 6.75 acres in that configuration,
well, then that would -- that means that they could create three lots
out of that and meet the minimum density requirements. But
because they don't have street frontage, they can't do that. What this
allows an applicant to do is a simple way to plat an access easement
along the parcel north/south to be able to provide access to the three
lots that are being created.
It requires the 35-foot-wide access, utility and drainage
easement, a 20-foot-wide dust-free gravel driveway, and a turnaround
improvement for vehicle -- or for emergency vehicles, and that has to
be constructed at the applicant's expense. We do have a provision in
here that says if it's over 20 acres, it's not allowed to take advantage
of this program.
Out of the utmost of caution, staff was concerned that that could
be perceived as lowering the units per acre below the 2.25 units
because of the way that it could be configured, and the easements
would occupy the land with the turnaround.
Also, we require that that driveway access be completed before
the plat can be approved. So, I mean, there's no bonding associated
with that. So they don't -- they can move forward. We won't record
the plat until we know that that easement for the driveway access has
been established. And it requires that the driveway easement and the
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limited improvements be dedicated for perpetual use of the public,
constructed for access, drainage, and utility purposes, and they have
to be maintained by a newly established property owners' association.
This has been reviewed by DSAC. It's been reviewed by the
Planning Commission. Unanimous recommendations from both
bodies.
There has been some discussion in terms of what it does and
doesn't do, and I think there's been a little misunderstanding in the
sense that it allows for a smaller lot to be created than
two-and-a-quarter acres. It does not. It does not propose any
changes to those development standards. Those will have to be
maintained. It simply allows for a more aligned process for how an
individual property owner can plat at the two-and-a-quarter acres
that's provided for by the Estates zoning district.
And with that, I would welcome any questions.
CHAIRMAN McDANIEL: Troy, do we have any public
speakers?
MR. MILLER: Yes, we do, sir. We have three registered
speakers for this item.
CHAIRMAN McDANIEL: I don't have anybody lit up. I
answered all my questions yesterday. I had -- and I'll talk to you
some more about it after we hear from our public speakers.
MR. MILLER: Your first speaker is Rae Ann Burton. She'll
be followed by Michael Ramsey.
CHAIRMAN McDANIEL: You can go over there, Rae Ann.
MS. BURTON: Good afternoon. My name is Rae Ann
Burton, 2530 31st Avenue Northeast.
I've had to change my speech a little bit because you moved it.
Dear Commissioners, thank you for holding a public meeting so
that we, the taxpayers and homeowners of Golden Gate Estates can
voice our concerns and wishes to the Board about issues that directly
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affect our quality of life.
Item 17C is about rezoning and approving subdividing tracts
into smaller lots. Even piggybacking, which will require the
property owner to build and pay for road access to landlocked lots.
My understanding, the reason for building lots requiring five acres or
more was to prevent sprawl/dense building. This will increase the
number of houses per lots. The only demand is from developers.
Rezoning, in summary, that's not a regular agenda for a
comment by public which will open the door to more compact and
dense building inside the Estates.
Sent the Board an email May 9th, 2022, on this issue requesting
it be on regular and not on summary. Thank you for doing that,
Mr. Saunders. This is the second time an important issue concerning
Golden Gate Estates of the -- of life directly was placed not on
regular agenda but on consent agenda, and now this was on summary.
I did get a response from Commissioner McDaniel, which was
disappointing, as he stated I should read the agenda and not rely on
what was called disinformation. I replied by posting the information
that the rezoning would include subdividing five-acre lots into two,
and if one did not have the right-of-way, the owner must provide it;
therefore, this item will quietly influence the quality of life, traffic,
and safety of Golden Gate Estates.
And so I respectfully request that it be removed from summary,
which you did. That word to me means it was already signed,
sealed, and delivered to regular agenda where it can be discussed by
those that live in the Estates have a voice [sic].
Once again, I feel I need to say, we live here, you don't. If you
live in a gated community or a condo, you have no idea of the quality
of life we in the Estates enjoy and are fighting to protect.
I thank you for your time, and I request a vote of no on this
ordinance. Thank you.
May 10, 2022
Page 125
MR. MILLER: Your next speaker is Michael Ramsey. He'll
be followed by Nancy Lewis.
MS. LEWIS: I'm doing it for Mike. He had to leave.
MR. MILLER: You want to read a statement from Michael?
MS. LEWIS: Yes, I am.
MR. MILLER: Should I allot the three minutes for Michael
Ramsey on this, Mr. Chairman?
CHAIRMAN McDANIEL: No, he's not here. She can have
her time and read his.
MS. LEWIS: Well -- okay. Well, I'm doing mine, then.
MR. MILLER: Okay. Your three minutes. Thank you.
MS. LEWIS: Okay. Thank you, again, Commissioner
McDaniel and Commissioners. Nancy Lewis, North Naples
representing, at this point, Golden Gate Estates Area Civic
Association standing in for Mike Ramsey requesting this
modification of Ordinance 04-41 to increase the maximum allowable
acreage from 10 to 20 acres not be approved.
Currently, the Golden Gate Estates Area Civic Association and
residents in the Rural Estates area find no issue with the current
ordinance, the 10-acre limit. The proposed changes to
Ordinance 04-41 violates the goals and policies stated in the Golden
Gate -- Golden Gate Area Master Plan, specifically Section 4.0, the
goals and policies that protect a low-density community and protect
the natural resources. This proposal is one of a 1,000 razor blade
cut -- sorry -- that will ultimately put more and more people in the
area that most Rural Golden Gate Estates residents do not want.
This proposal will increase the number of lots in the Estates
simply because of the new maximum 20-acre limit.
Since the district maps have changed, this now will affect
properties in District 2, 3, 4, and 5. It will only serve to increase
traffic, noise, impervious surface, and stormwater discharged into the
May 10, 2022
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gulf. Most of the Rural Estates area, according to Mr. George
Yilmaz, is an important recharge area for the aquifers. Passing these
changes will cumulatively affect the natural resources negatively and,
therefore, the Commission should not approve these simplified
changes.
Thank you.
MR. MILLER: And that is all of your speakers, Mr. Chairman.
CHAIRMAN McDANIEL: All right. Mr. Bosi.
And, Mike -- and Nancy, in Mike's stead, brings up the issue
that you and I discussed yesterday. That was my concern with the
20-acre provision. Explain that to me again. Because, again, I
didn't understand why that language was actually put into this
ordinance, and is it, in fact, in conflict with what we already have in
the Golden Gate Master Plan?
MR. BOSI: Well, it's not in conflict. This is a new provision
that's being suggested. There's nothing that is in conflict with and
against the Golden Gate Area Master Plan. This was simply staff
identified that when you get to 20 acres or larger, the way that the
infrastructure and the access easements would be provided for, the
calculations, if you would except those out of the totals, you would
have a -- realize a density below the two-and-a-quarter-acre
requirement. So because of that, we put -- we suggested a cap of
20 acres be the largest that could utilize this provision.
CHAIRMAN McDANIEL: So say that to me in language that I
can understand. So if I were to -- if I were to assemble 30 acres, I
technically would be able -- theoretically would be able to develop
the site to a standard that would allow for a smaller lot than
two-and-a-quarter acres ever?
MR. BOSI: The lots would be still be two-and-a-quarter acres,
but the easements and the access easements that would have to be in
place would impute the utilization of that acreage beyond its full
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two-and-a-quarter acres. So because of that -- because of that
concern, staff suggested to put a 20-acre cap upon that.
CHAIRMAN McDANIEL: I'm not quite sure that answers my
question. I'm having trouble --
MR. FRENCH: So, Commissioners, for the record, Jamie
French.
When we went through and we evaluated these irregular shaped
lots, of these 44, there's one of them out there that's about 20 acres
that would meet this criteria. And the one thing that we would only
re-highlight is that currently through your plat and plan process, they
can do this already by right.
CHAIRMAN McDANIEL: Right.
MR. FRENCH: The benefit of this that staff sees is that now
you've got a dedicated easement and right-of-way and the
establishment of a homeowners' association that has to be built before
they could even complete construction and move in.
CHAIRMAN McDANIEL: Right.
MR. FRENCH: So there are some benefits. So this does not
add density. What this does -- what this does do is it does offer a
level of protection to those future property owners that, by right, by
vested right, they can do this right now through the plat and plan
process, and this provision as far as this dedicated easement would
not be there, as well as all the conditions to get emergency vehicles
down there and all that other stuff. But this --
CHAIRMAN McDANIEL: I understand that. But the
representation is is that it's an increase in density by twisting the
allowable lot size.
MR. FRENCH: It is not an increase in density. This is
currently happening. There is just a process through the plat and
plan process that it is occurring by.
CHAIRMAN McDANIEL: So the person that owns 20 acres
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that's currently entitled to 8.9 units on that 20-acre site, they can't
do -- they can't do any more than those nine units now.
MR. FRENCH: That's correct.
CHAIRMAN McDANIEL: And all we're doing is solidifying
the access for the people that buy that are not fronting on the street by
solidifying access for emergency services and trash and so on?
MR. FRENCH: And you're also removing the conflict that
exists within the code that says you have to have the buffering
between these residences which is in direct conflict with your Golden
Gate Area Master Plan.
CHAIRMAN McDANIEL: Gotcha, okay. So this is
necessarily an improvement to what we already have going on.
MR. FRENCH: This would assist the property owners, and it
would make the process a lot cleaner for both county staff as well as
the property owners, but they can still do this at the end of the day.
CHAIRMAN McDANIEL: It is the existing rights. We're not
increasing the density of anything in the Rural Estates, Golden Gate
Estates at large.
MR. FRENCH: Yes, sir.
CHAIRMAN McDANIEL: Okay.
Commissioner Taylor.
COMMISSIONER TAYLOR: So I'm listening to this and it
was explained a little differently -- you explained it visually to me
yesterday.
What I -- am I incorrect in thinking that what was going on is
that -- there's no -- how can someone develop a deep lot of, what was
it, 150 feet? Is that what you showed me? I don't have that in front
of me.
CHAIRMAN McDANIEL: They're all 660 feet unless you're
on the canal, and then you could have 700 and --
COMMISSIONER TAYLOR: And with a very narrow
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frontage.
CHAIRMAN McDANIEL: Hundred-and-fifty-foot minimum.
COMMISSIONER TAYLOR: And it's an odd lot, so perhaps
the folks in Golden Gate Estates were thinking, well, that's really
un-developable. This is another buffer that we can keep open space
here where, now, staff has come and figured out if there is a
dedicated easement and a road with access that has to be maintained
by the property owners, they can develop it and not change the size of
the lot; is that correct? I think that's what I was told yesterday.
There we are. That's it. That's the --
CHAIRMAN McDANIEL: Well, the -- and the way I'm
looking at it, you own a 7-acre tract of land, six-and-three-quarter
acres, you're entitled to three homesites.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: And this is providing for
protection for the development of those three homesites even on an
irregular -- a skinny lot and protection for the stormwater and
protection for emergency services.
COMMISSIONER TAYLOR: And for access, because other
than that --
CHAIRMAN McDANIEL: Of course.
COMMISSIONER TAYLOR: But if we didn't provide -- how
is someone going to develop that if we didn't provide for this?
CHAIRMAN McDANIEL: How is it happening now, Mike?
MR. BOSI: It has to go -- it would be required to go through a
full subdivision re-plat, or it would have to be re-platted for these
facilities, and that's when we have the issues of utilities and buffering
and sidewalks come in, and we have to find -- we have to kind of
work around that.
The example that I showed you, Commissioner, is on the
overhead. The right-of-way, the street is where my finger is. Here's
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the narrow long parcel. The access driveway is along either one of
the edges, and then the lots are created -- they gain access off of that
access driveway, which gives them access to the street, so they're in
compliance with the Land Development Code. This is a simple
process or a simple display that shows what the effect of this change
will do.
COMMISSIONER TAYLOR: But if that -- so what you're
saying is, I own -- I own that strip, and so I want to -- I want to
subdivide it so that it's correct according to the Golden Gate Estates
Plan, the same number of acreage but, gee whiz, how can I do it, and
how can these people behind me -- if I do that, how can I subdivide it
into three and the people behind me get access? So then I have to go
through a process in order to make that happen; is that correct?
MR. BOSI: Correct.
COMMISSIONER TAYLOR: Are people doing that?
MR. BOSI: We have -- we've put together a list of last
year -- this is names -- 19 different all done as minor plats that were
done within the Estates, Island Properties, Rusting Pines, Greaves,
Teakwood Acres, Seven Eleven, and then there's 10 "other." So
those have all been done in the past. It's been done over the past 20
years. It's just costly, and it doesn't quite fit the platting process that
we have in our LDC. So this was -- this was a proposal to allow for
a simplified streamlined way for it to happen.
COMMISSIONER TAYLOR: And they all waive buffering?
These plats all waiver buffering?
MR. BOSI: Well, buffering's not required within the Estates
when you have an Estates lots next to an Estates lot.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: And our subdivision platting rules
require sidewalks and stormwater and water and sewer, and we're
getting some of that stormwater with this -- with this adjustment, if
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I'm correct.
MR. BOSI: Yes. There's -- drainage easements are placed off
the property.
COMMISSIONER TAYLOR: So we don't hear from someone
who lives in the Estates that they really like to live on an island
surrounded by water, correct? And that's the more memorable
comment.
MR. BOSI: Yes.
CHAIRMAN McDANIEL: Did you say that out loud?
Commissioner -- I'm sorry. Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I pulled this off the consent agenda because I really didn't
understand what all the implementations were, and I'm not sure that I
still do or that I do at this point. I know I've gotten a lot of letters
asking that this be continued, that there's a lot of objection to this.
There are a couple things that, Mr. Bosi, you said that kind of
prompt me to want to continue this for further evaluation. One is
that everything we're talking about, they're doing it now. It's
currently happening. So I think this was a quote, "Does not change
anything. This creates a cleaner process."
I don't have any problem with creating a cleaner process, but
there are a lot of folks that don't fully understand what this does.
And so I would ask the Board to -- I mean, I hate to continue items,
but I would ask the Board to continue this so that the public will have
a better opportunity to be here to discuss this. Because like I said,
I've gotten several letters. And I don't really fully understand the
impacts of it. I do understand trying to make the process simpler,
but I just don't fully understand the implications of this throughout
the Estates.
COMMISSIONER TAYLOR: I would agree to that.
COMMISSIONER SAUNDERS: I'll make that a motion, then.
May 10, 2022
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COMMISSIONER TAYLOR: I'll second.
CHAIRMAN McDANIEL: It's been moved and seconded.
Now we're into comment.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: So I understand the
improvement is requirement of easements and turnaround from
emergency vehicles. The part I don't understand is when you say it
doesn't increase density. So I own a lot, many, many acres. It's in
the shape of a rectangle. I chop it up into smaller lots, and then I
have the ability to sell those off and put other homeowners there.
And if a family of 10 wants to build a house and put it there, so how
is that not increasing density? Right now the lot's empty and vacant,
and there's two people living on 10 acres or whatever it is. Now I
start chopping up lots, I build a side road, now all of a sudden this lot
becomes much more sellable, much more attractable.
I think that's maybe the issue that the local folks are saying is
that when you start chopping these up into sellable lots that have nice
easement roads, and emergency vehicles can get there, then density
would increase because, you know, more people are going to move
in. What am I missing? I also agree, I don't think I fully
understand. So tell me what I just said wrong.
MR. BOSI: What you said wrong was you're not increasing
density. Density is two-and-a-quarter acres per --
COMMISSIONER LoCASTRO: I guess maybe population. I
think sometimes --
MR. BOSI: You're increasing the number of lots.
COMMISSIONER LoCASTRO: Right.
MR. BOSI: You're entitled as a property owner to build one
house per two-and-a-quarter acres.
COMMISSIONER LoCASTRO: Right.
MR. BOSI: So as a property owner, if you own 6.75 acres,
May 10, 2022
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you're within your bundle of rights associated with your land to
create three lots from that property.
COMMISSIONER LoCASTRO: Right.
MR. BOSI: So you're not increasing density. Your density is
one to two-and-a-quarter. You're increasing the number of lots. So
I agree, I mean, they are increasing the number of lots, but they're
increasing the number of lots in accordance with the rights that are
associated with that property.
COMMISSIONER LoCASTRO: Okay. I think some of the
inquiries that I've seen are -- that I've seen and read are that folks that
live out there feel like -- I think a lot of times the word "density" is
mis-utilized. You know, you have citizens that equate that to
population so they think, wow, more people are going to move out
here. You know, we live in an area that's more rural. It's not as
populated, and now the density of people is going to be more because
of what we approve today making it more, you know, attractive for
more people to be able to move out there on a smaller, more
affordable lot or whatnot. I mean, what do you say to that, Mike?
Because I really think that that's the answer that they're looking for.
MR. BOSI: That's using the word "density" in the wrong
context.
COMMISSIONER LoCASTRO: Right, but I think that's what
they mean.
MR. BOSI: You're increasing the number of people.
COMMISSIONER LoCASTRO: Yeah.
MR. BOSI: You're not increasing the density. You're
consistent with the density. You're increasing the number of people.
COMMISSIONER LoCASTRO: Yeah, but if you listen to
some of the citizens, that's not what they want, you know. Now, you
know, I'm not saying that's --
MR. BOSI: Well, what I've heard was always -- I've always
May 10, 2022
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heard that the Golden Gate Area Master Plan has to be honored.
And what's entitled with the Golden Gate Area Master Plan is one
unit per 2.25 acres. That's what the Golden Gate Area Master Plan
promises a property owner, and that's -- and allowing them to
subdivide their property towards what the Golden Gate Area Master
Plan promises is in concert with the Golden Gate Area Master Plan.
COMMISSIONER LoCASTRO: Gotcha.
CHAIRMAN McDANIEL: And so if we were to somehow
deny the property owner the right to access the back of his property,
would that not involve a property rights taking if we -- there is a
process that we currently have today that allows for the same density,
the same amount of humans all the way across the board. The
process is in place. This is just simplifying that process. If for
some reason it came up that we weren't going to do this, a property
owner would still have the right to be able to get to those lots.
MR. KLATZKOW: Without this --
CHAIRMAN McDANIEL: Without this.
MR. KLATZKOW: -- I can do that.
CHAIRMAN McDANIEL: Correct.
MR. KLATZKOW: Right.
CHAIRMAN McDANIEL: Without this.
MR. BOSI: Correct.
MR. KLATZKOW: Without this amendment I could do that.
CHAIRMAN McDANIEL: Yes.
MR. KLATZKOW: The benefit of this amendment is, what,
Mike?
MR. BOSI: It's a less costly, simpler process.
MR. KLATZKOW: So you're making it easier for people to do
that?
COMMISSIONER SOLIS: To do that.
CHAIRMAN McDANIEL: That can already do that.
May 10, 2022
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MR. KLATZKOW: That can already do that?
MR. BOSI: Yes.
MR. KLATZKOW: So you will have more development
because it's cheaper for people to develop, but I think we want people
to be able to use their property rights. I don't think we want to make
it more expensive for them to develop their property.
CHAIRMAN McDANIEL: You still wish to continue this?
COMMISSIONER SAUNDERS: Yes. There was a motion
and a second to do that. I think it's important to get more public
input on this. I understand that it's a process that's already in place
that people can do this, but I'd like to -- I'd like to evaluate it a little
bit further, that's all.
CHAIRMAN McDANIEL: Okay. Commissioner Solis,
forgive me.
COMMISSIONER SOLIS: I had one question. So we're
making it easier for somebody to do that. And I thought I heard you
say that we're also lessening the requirements to do that in the terms
of what somebody has to do to do that.
MR. BOSI: Correct. The current code would require them to
put in utilities.
COMMISSIONER SOLIS: It's a subdivision.
MR. BOSI: Subdivision, yes. And we would require for
sidewalks to be constructed as well, as well as landscape and
buffering. The Estates -- Golden Gate Area Master Plan in the
Estates does not require that when you're platting -- when you plat an
Estates lot next to an Estates lot, so our subdivision --
MR. KLATZKOW: Whoa, whoa, if I was going to go in today
and do that, you would not require sidewalks, right?
MR. BOSI: No.
MR. KLATZKOW: Okay. So that --
CHAIRMAN McDANIEL: You'd have to deviate on it. That
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would be a deviation.
MR. KLATZKOW: Right, but they wouldn't require it.
CHAIRMAN McDANIEL: Correct. It hasn't been required in
all them other 19 ones that have already necessarily been done.
COMMISSIONER LoCASTRO: If we said yes, I think they
would.
(Simultaneous crosstalk.)
COMMISSIONER SOLIS: Wait a minute. If we approve this,
they would have to put the sidewalks in or not put the sidewalks in?
MR. BOSI: On both cases, the sidewalks will not go in because
they're not required. The first one we have to find a workaround
around the requirement to put sidewalks in. We have to put a
justification. This is in Golden Gate Estates. There is no
requirement for sidewalks.
COMMISSIONER SOLIS: Okay.
MR. BOSI: And we have to note it within the --
COMMISSIONER SOLIS: They do it without the sidewalks in
the other things, but there's a workaround that has to be done?
MR. BOSI: Yes.
COMMISSIONER SOLIS: Okay. So this actually -- it's a
shortcut from the way it's been?
MR. BOSI: Correct.
COMMISSIONER TAYLOR: And a less expensive process,
yep, exactly.
CHAIRMAN McDANIEL: Adds to housing affordability.
COMMISSIONER LoCASTRO: Can I make a quick
comment?
CHAIRMAN McDANIEL: Sure. You're lit up.
COMMISSIONER LoCASTRO: You know, this is a perfect
example. I said a few meetings ago, I said, it's unfortunate when we
vote on very important things a lot of times to an empty room. And
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Commissioner Solis said, I don't think we ever vote to an empty
room, and he's right. There's always somebody here.
This is a perfect example of us getting tons of emails, people
being up in arms, you know, two people coming to the podium saying
they're speaking for the whole community. The reason why I would
vote to give -- to, you know, bring this to the next meeting is to give
these citizens a chance to come here and hear what they're all up in
arms about.
But I can tell you, we can't do that for every issue. When
citizens are up in arms and they see this thing coming, it just can't be
one or two designated speakers, because that, to me, doesn't tell me
that they're speaking for the whole community.
So I agree with Commissioner Saunders. I don't know that I
fully digest this 100 percent. I think about 98 percent. But in this
one particular case, I think, you know, to give a nod to the citizens
and say, gosh, we almost voted for something that we're hearing you
all hated -- you don't have to be here in person. You know, you're
here in person, ma'am, every time, and God love you for it. But, you
know, call in, ZOOM in, somebody throw a stack of petitions up
here, send me a thousand emails, tell me why this is such a gigantic
mistake.
So I'd vote to -- I would concur to continue it only to give
citizens a chance to know that they missed having their voices heard
for something that we were about to approve that we hear they all
hate. And if we don't see that two weeks from now, then maybe it's
just one or two people that either don't fully understand this, kind of
the way some of us don't, but I think continuing it gives us a chance
to digest this better, hear from citizens.
And not that I needed, you know, a packed room with
everybody wearing yellow shirts saying "don't vote for this." But,
you know, clearly we represent citizens here, but one or two people
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saying everybody's up in arms doesn't necessarily give me confidence
to vote against something that I think actually is full of pluses.
But I want my vote to count, so I agree with Commissioner
Saunders. I think continuing this gives everybody a chance to sort of
come to the table and feel good that we're doing something that -- I
have no doubt of the improvements of the cheaper cost, but I still
think there's a couple things missing on something that we give the
citizens a chance to have a voice for. But we can't do that for
everything. When it's on the agenda, you know, citizens want to
have a voice. They need to pay attention to what we're about to vote
on.
CHAIRMAN McDANIEL: Bottom line, it's 44 lots that are left
that are impacted by this. We're not increasing the density. We're
not increasing the allowable property rights that are existent today by
this, correct?
MR. FRENCH: That's correct, sir.
CHAIRMAN McDANIEL: If you would draw me a picture for
the continuance for two weeks from now the one site that is 20 acres
to ensure me that we're not increasing the density out there -- because
that's the main concern. I mean, you know, personal real property
rights are sacred to me, and if the person that owns that tract has the
right to build three houses on it, we can't -- we can't deny them that
right by manipulating the circumstances.
MR. FRENCH: Yes, sir. In fact, if it's the will of the Board,
what we'll bring back is to demonstrate to you that this is actually a
more expensive development cost. And I appreciate the
conversation, because now you've got property owners that have to
build and dedicate right-of-way where, by the creation of a
homeowners association between those three lots, there's a shared
cost in maintaining that versus if you're the guy at the front of the lot
trying to get to the guy to the back and the driveway falls apart.
May 10, 2022
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And I know this, by the way, because it I am -- unfortunately,
I'm one of those people that have spent better than 40 years of my life
in Golden Gate Estates. What I will tell you is that what we see is
there are access problems to a number of these lots throughout the
Estates and these irregular shaped lots, but we'll also come back and
demonstrate to you how this provides us with a better preservation of
native species because it does identify that as well, so we'll be happy
to bring that back if that's the Board's will.
COMMISSIONER SOLIS: It will avoid, also, the non-
maintenance of a private road, because there's an association.
MR. FRENCH: There's an association. It's not a private road.
It's built, and it's built to standards that would secure emergency
access.
CHAIRMAN McDANIEL: It's dedicated to the county, so
we're not creating more private roads within the community, which is
what's being done now.
Okay. It's been moved and seconded we continue this item to
our next stated communication. 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.
See you in a couple weeks.
COMMISSIONER TAYLOR: She's smiling at you.
COMMISSIONER LoCASTRO: Bring some friends with you.
May 10, 2022
Page 140
COMMISSIONER SOLIS: It will come back on the regular
agenda, right, not a summary?
COMMISSIONER LoCASTRO: Get on the phone. Call in.
You have three minutes, you know, three minutes. If it's that
important to the neighborhood --
CHAIRMAN McDANIEL: Excuse me. Excuse me. Excuse
me. Don't engage. You know better than to do that.
Staff, County Manager.
MS. PATTERSON: Regular agenda.
CHAIRMAN McDANIEL: Yes. It will be on the regular
agenda, by the way, so...
COMMISSIONER LoCASTRO: Send me an email.
CHAIRMAN McDANIEL: Don't engage.
All right. Let's move on.
Item #10A
THE BOARD OF COUNTY COMMISSIONERS ACCEPT AN
UPDATE RELATED TO THE ADVOCACY EFFORTS OF QUIET
FLORIDA TO ADDRESS EXCESSIVE VEHICULAR NOISE ON
PUBLIC ROADWAYS, PREDOMINATELY FROM MODIFIED
EXHAUST SYSTEMS – DISCUSSED
MS. PATTERSON: Commissioners, that brings us to
Item 10A. This is a recommendation that the Board of County
Commissioners accept an update related to the advocacy efforts of
Quiet Florida to address excessive vehicular noise on public
roadways predominantly from modified exhaust systems.
COMMISSIONER SAUNDERS: And let the record reflect
that this group sat there very quietly.
MS. TATIGIAN: Six hours.
May 10, 2022
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CHAIRMAN McDANIEL: Oh, no, no, no. Not Mary.
Mary's back there -- you should see --
COMMISSIONER SAUNDERS: Even though I know they
wanted to scream.
MS. TATIGIAN: A lot of times, yeah.
Good afternoon, and thank you for inviting Quiet Florida to
address the Board of County Commissioners today. My name is
Mary Tatigian, and we founded Quiet Florida about a year and a half
ago. We are a grass-roots environmental organization fighting noise
and air pollution created by aircraft and modified mufflers on motor
vehicles.
I want to share what I found on my website when I first began
this whole mission of not knowing where to go, who to turn to, who
to talk to. So I looked on your website. And I don't think it's there
anymore, but I believe it was your mission statement. It was in my
notes.
The Board of County Commissioners serves as the governing
body of the county and has the responsibility of setting policies to
protect the health, safety, welfare, and quality of life for residents and
visitors, and I did -- I'm sorry -- quality of life of our residents and
visitors. Quality of life being the biggie. Quality of life is where
we are here today.
Quiet Florida formed due to the increase of the modified
mufflers on vehicles and aircraft traffic causing incessant noise inside
our homes and on our property. We have about a thousand members
to date of Quiet Florida -- with Quiet Florida. Unfortunately, all
these taxpaying residents are upset and -- with their quality of life and
the negative transformation to our home which we call Naples.
The people we have polled and met with state they are angry,
frustrated, and cannot enjoy their own homes and property anymore.
That does not make for a healthy community, and those feelings
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typically lead to other negative -- other problems.
I'm not sure if any of the commissioners go on social media at
all and see what's being said about Naples in general, about the
growth or about the noise or, you know, all of the -- I don't know if
any of you do or not, but it's extremely negative about -- Naples
residents are talking very negatively about the growth of Naples.
And they're asking what's the incentives to continue building.
We do not need any more Taco and Tequilas or overpriced
condos. Our roads cannot withstand the traffic we have now.
County Road 951 is like a six-lane freeway. It's a nightmare. There
are bus stops all along there that dump trucks and vehicles at 60 miles
an hour plow through. The roads are dangerous. People are getting
injured or worse, dying. I see an accident a day on the roads when I
drive, and I'm sure everyone else does, too. The overwhelming feel
we are getting from people is we do not want a mini Miami here.
As a healthcare professional of almost 30 years, noise pollution
and air pollution are documented health issues, and it's quickly
becoming a health crises in Naples. People have reached out to us
on our website from other counties in Florida stating similar
problems. We can be the role model for the state of Florida as to
how we mitigate noise. We have the opportunity to be a leader on
this issue.
The Naples I have always known for 38 years was peaceful,
serene, and a great place to live. Well, for the last year and a half,
it's done a 180.
Noise pollution negatively impacts mental and physical health
causing issues such as cardiovascular, high blood pressure, and
anxiety to name a few. There is a cascading physiological response
to the loud noise that your body receives. Cortisol is secreted from
the adrenal glands affecting your organs commonly known as a
fight-or-flight syndrome. We are placed in that repeatedly hour after
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hour, day after day, week after week. In laymen's terms, it's not
good for you. It has the potential for future health concerns, and the
noise needs to stop.
We hear noise all day on our properties and inside our homes in
our beds. The roar of dump trucks start at 5:30 a.m. Jets fly over
our neighborhood at 500 yards, 80 to 100 a day at 500 yards over
your house, nose to tail, nose to tail all day long. Now that season is
over, it's slowing down, and every day is not the same. But I don't
know if you can quite imagine that sound. I am in my shower, and I
can hear jets go over my house, doors and windows closed, A/C on,
and I hear jets. That is not a quality of life.
Yeah, so the question is, how is it protecting quality of life?
You were voted in to protect us. You were voted in to do the right
thing for us. And what's happening to Naples is sad. I've lived here
for 38 years, getting ready to retire, and this is what I look forward to.
I live three-quarters of a mile from the intersection of County Road
951 and Pine Ridge, and it's like a racetrack.
We can't open our doors and windows, as I said.
Neighborhoods all over Naples are reaching out to us, north, south,
east, and west all over Naples. Residents state -- we participated in
Earth Day in Cambier Park. We were the busiest booth there.
Residents came up to us continually saying, what can we do? What
can we do? What can we do? I can't enjoy my lanai. I can't sit
outside and have a cup of coffee in the morning because of the noise.
It's incessant.
They can't -- they say they go to the beach, they go out to lunch.
The very essence of why we live in Naples is being destroyed.
We have met with Senator Passidomo and Representative Melo
regarding the noise pollution and causes. The Senator has agreed
there is a big problem and has initiated the OPPAGA study for us, the
Office of Program Policy and Analysis and Governmental
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Accountability. This is a huge win and we feel will be instrumental
in identifying the problems of noise pollution.
We're asking you to endorse the OPPAGA study and the items
we have listed on the spreadsheet I had sent to all of you last week. I
think -- did you all receive it? Did everybody receive the
spreadsheet? I don't think -- Commissioner Solis doesn't look like
he has.
But we have sent that all to you, and I'm hoping that you could
all read it. It took a lot of time to put that together, and Senator
Passidomo is behind us, so I'm hoping you will endorse us as well.
We are also working with Mario Diaz-Balart's office regarding
the FAA and the Naples Airport. They have been essential in
backing us on this issue and making -- making attempts. They held
a meeting with the FAA Naples Airport on this issue.
Law enforcement is doing their part by enforcing Modified
Muffler Statute 316.293 which states modified mufflers are illegal. I
hear modified mufflers at 2:00, 3:00, 4:00 in the morning racing up
and down 951. Something has to stop. They are terrorizing our
neighborhoods, and it's quite unfair. It's quite unfair.
The police are also educating their officers on the concerns of
the community holding more sting operations to catch these guys.
Most of them are men. Attempting to hire more police. And we
have a terrific working relationship with Lieutenant Dave Brennan in
law enforcement, and we believe they're doing all they can.
We also have spoke with Trinity Scott of Growth Management
Planning and spoke about noise meter cameras to register the noise.
The police don't have the capability of being out there because they're
inundated with traffic accidents due to not enough roads and too
much traffic. So they don't have the time. But if you put up a noise
meter camera and you can set the decibels -- and we sent you that
information as well. The states New Jersey, New York, Tennessee,
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and California are all using these to a success. They can be adjusted
for decibels. So an average car, a Porsche or a Challenger that
comes stock, a little bit loud, you know, we can adjust it for the
modified vehicles. We're not talking about the occasional Harley.
That's not the issue here. It's the modified Honda Civics and the
Mazdas and the Beamers, and they're awful. It's awful. It's like a
chainsaw while you're lying in bed. It's not fun.
So we're -- hopefully, we're also asking for sound barrier walls
and the noise meter cameras -- sound barrier walls, which we gave
you information on that. We researched sound barrier walls that
absorb sound versus pushing it off to your neighbor.
So we're asking the Board to do your part. Protect the quality
of life of residents. We feel our quality of life has been stolen, and
we want it back.
As I have said before, I'm not a politician but a healthcare
professional who believes in the holistic approach: Get to the root of
the problem. What is causing the dissatisfaction of Collier County
citizens? The noise. Also, when you modify your vehicle, it's also
an air emission issue, so we're being polluted upon. So it's two
things there.
Get to the root of the problem. The root of the problem
probably, which a lot of us don't want to talk about, is the growth.
You know, I've mentioned it. We -- our -- my -- Collier County
Road 951 is a scary thing to pull out on, and I don't know where
everyone -- with all this building out in the Estates, where is
everybody going to go? I don't know. We've got Immokalee.
We've got Vanderbilt, and Pine Ridge. We can't withstand what we
have now. So, yes, the noise has gone down and why? You know,
season has ended, but -- yeah.
So also the question that rose up a lot from our members was do
builders have to prove there's proper infrastructure before they build?
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Do they have to show you that they can say that there's enough roads
to handle? And the answer was yes. So people were questioning
that. There's a lot of that talk on social media.
So I know it's a hard topic, growth. I know it's uncomfortable.
I can see everybody's getting a little uncomfortable with it. But we
have to think about the residents here that have been paying taxes,
like myself for 38 years.
COMMISSIONER LoCASTRO: I'm comfortable.
MS. TATIGIAN: Are you?
COMMISSIONER LoCASTRO: Yes.
MS. TATIGIAN: Oh, I wasn't sure. I saw you looking at your
phone, so I wasn't sure.
We are asking the commissioners to consider slowing growth
down, endorse the OPPAGA, and implement the ideas we have
researched such as sound barrier walls, noise meter cameras, and
consider us, the residents, before moving forward on any growth. Is
it -- do we really need it? But a lot of times with growth, there is
noise.
So builders tend to be responsible for the cost for noise
mitigation. That's another thing we researched. They can be
charged. If they want to build the subdivision in the Estates or
whatever they want to do to put more county -- vehicles on County
Road 951, which you can hear for miles away, they should have to be
charged. That's their responsibility. You want to put more people
out there in the Estates, well, what about the ones that already live
there?
So at that, I end by saying please stop the noise. Please help us.
This is our home. We love it here. Thirty-eight years I've been
here. Never I dreamed at 60 years old I'd be fighting this cause for
noise pollution, never dreamed Naples would ever end up like this.
So any questions about Quiet Florida?
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UNIDENTIFIED SPEAKER: You're my hero, Mary. You're
my hero, and thousands of other people. We love you.
MS. TATIGIAN: Thank you. Thank you.
UNIDENTIFIED MALE VOICE: You're great.
CHAIRMAN McDANIEL: Is there any questions about Quiet
Florida?
COMMISSIONER LoCASTRO: I do.
CHAIRMAN McDANIEL: Yeah. I've got Commissioner
LoCastro.
MS. TATIGIAN: Sure.
COMMISSIONER LoCASTRO: So I'm looking at my notes.
My note for you is, a lot of the town halls I have had in District 1,
especially recently, that are in communities -- and Trinity knows this,
right? We've had this question a bunch of times, and Jamie French
as well. So they're in communities that have already been built for
many, many years. They were initially built on a road that was one
lane each way.
MS. TATIGIAN: Yeah.
COMMISSIONER LoCASTRO: Now all of a sudden it's three
lanes each way. So at every town hall I get, the noise is crazy now;
it wasn't when we first moved in here. So when's the county going
to build a sound-absorbing wall for us? And the reality is, yes, I
agree with you, the contractors that are building new things can be
held to a certain standard, and we have had those conversations here.
But in the case of communities that have already been existent for 30
years and Collier Boulevard widened or 41 widened or -- you know,
U.S. 41 and whatnot, you know, that's really on that community.
And I don't know that, you know -- and I guess this is more of a
question. Is your organization proposing that the county take an
inventory of all those areas that the road grew -- you know, grew
larger than the community did over a long period of time and now we
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put up, you know -- you know, noise attenuation type of walls at the
expense of the county or -- you know, because at the town halls I've
had, actually, some of the communities have said, we are going
to -- we are going to invest in doing something like that. Where we
need your help is permitting, you know, sense of urgency so we can
get these kinds of things up. But then in other communities, the
proposal has been, so when's the county going to come here and put a
big giant wall up because you widened U.S. 41 and now all of a
sudden all the houses that are on the other side of that wall it's the
Indy 500.
In your organization's feedback, knowledge, or proposals, what
is your solution, or what is your proposal? Is it for the county to
take that on as a responsibility or the individual communities? New
communities I get. Contractor, we want, you know, hey, this -- these
houses that are on this main road are going to hear some noise. You
know, measure twice, cut once. Put up a pretty substantial wall
that's going to at least help a little bit. But on the ones that already
exist, what are your thoughts?
MS. TATIGIAN: Pretty much the answer would be yes, that's
what everybody would love --
COMMISSIONER LoCASTRO: Yeah.
MS. TATIGIAN: -- you know, and we understand --
CHAIRMAN McDANIEL: Yes what?
COMMISSIONER LoCASTRO: That the county --
MS. TATIGIAN: Yes, that the county does it.
COMMISSIONER LoCASTRO: Got it.
MS. TATIGIAN: Yep, that you come right out there and you
start doing noise studies. I have --
COMMISSIONER LoCASTRO: Not the noise studies, the
building of the wall.
MS. TATIGIAN: I mean, yes. But first they tell me they have
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to do a noise study before the wall. But, yeah, that would be great if
you could do that.
COMMISSIONER LoCASTRO: I'm not proposing that,
because the other thing, too, is it's on their property, so -- and a lot of
communities that I speak at where they want the wall, I'm like, okay,
well, this is within your gated community. The county's not going to
come here and construct a wall with Collier County taxpayer money.
MS. TATIGIAN: So my question would be with a question
back to you. So what do you tell all these residents that are now
miserable?
COMMISSIONER LoCASTRO: Yeah. Well, the answer's
different in different communities. In some communities when it's
their own property, I say, well, there is a wall there that your
developer built. It now is undersized.
MS. TATIGIAN: Yeah.
COMMISSIONER LoCASTRO: The developer's not going to
come back after 37 years and beef up the walls. So within your
HOA, the same way you-all collected money to build a new pool, a
new clubhouse, and redesign the golf course, if you want that stretch
of wall to be more substantial and absorb sound and whatnot, the
onus is on you. And they get that that's not the answer they wanted
to hear but also, too, taking taxpayer dollars to beef up a wall of a
gated community that just happens to be unlucky enough to be on
Rattlesnake Hammock or Davis or whatever many years later --
MS. TATIGIAN: I understand what you're saying, but people
are suffering. So the idea is the modified muffler statute needs to be
enforced. We need to contact shops/garages to make sure that
they're not doing this. We need to be checking dump trucks. When
their Jake brakes -- when they decide to stop at the corner of 951, I
can hear it in my bed, okay. So to say to people -- and it's not just
me. But to say to people, oh, well, you've been there a while, too
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bad, that's not a good answer either, so we've got to come to a
concession.
COMMISSIONER LoCASTRO: Well, it's not too bad, but
it's -- the reality is --
MS. TATIGIAN: The reality.
COMMISSIONER LoCASTRO: -- if it's the worse thing, then
this might be something you want to put high on your priority list for
your community, and maybe the bocce ball court that you're all
paying to build, maybe it should be priority, too --
MS. TATIGIAN: I'm in the Estates.
COMMISSIONER LoCASTRO: -- and they should talk about
the wall.
One thing I will say, I've worked a lot with Jim Bloom from
Collier County Sheriff, and what he said is a lot of vehicles that
they're pulling over, they're not modified in shops. They're all
homemade jobs by, you know --
MS. TATIGIAN: Right. That, too.
COMMISSIONER LoCASTRO: -- teenage kids that are really
great in shop class.
MS. TATIGIAN: Sure, but that's what the noise meter cameras
are going to do --
COMMISSIONER LoCASTRO: Absolutely.
MS. TATIGIAN: -- which are working, yes. You know, those
are things we can do.
Also, dump trucks, do they all have to travel on the same roads?
Does one neighborhood -- I'm in the Estates, so I'm not in a
community.
CHAIRMAN McDANIEL: Mary?
MS. TATIGIAN: So do they all --
CHAIRMAN McDANIEL: The dump trucks have the right to
go everywhere you and I can in our regular car.
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MS. TATIGIAN: Right. Well, I heard Logan Boulevard
banned them, so they don't have a right to go there.
CHAIRMAN McDANIEL: And we're exposed for clawback
from the state by denying their right to be able to drive that road.
MS. TATIGIAN: So they will start going on Logan?
CHAIRMAN McDANIEL: They potentially could. I'm just
sharing with you, banning them doesn't mean that they don't have the
right.
MS. TATIGIAN: I didn't say -- you know, but what I'm saying
is --
CHAIRMAN McDANIEL: Right.
MS. TATIGIAN: -- you're inundating certain neighborhoods
all the time. It's just like the FAA sending -- you know,
having -- using NextGen and their flight paths. They inundate the
same neighborhood all day long, okay. That's not fair. And it
wasn't like that a year and a half ago. A year and a half ago on my
property you heard a pin drop, so there has to be some responsibility
somewhere somehow for the residents who have paid taxes, and
there's thousands of us. We get people from all over.
So our suggestion is the modified muffler, the noise meter
cameras, the sound barrier walls. You know, and think about it, we
even suggested building -- in that 15-page spreadsheet we sent you
suggested Everglades Boulevard, the road go out to 75, you know.
Slow down the growth. Does it -- I mean, I don't know, how many
of us are -- I'm not getting any value out of all this growth. I'm sure
there's thousands of us that really are not.
CHAIRMAN McDANIEL: Well, do you -- and I'm not -- we're
not here today -- I don't think we're going to be here today to discuss
growth or --
MS. TATIGIAN: No, no, but it's part of it. It's part of it.
CHAIRMAN McDANIEL: Do you know what the buildout
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population of Collier County --
MS. TATIGIAN: I heard.
CHAIRMAN McDANIEL: -- has since you and I came here 40
years ago? Do you know what the buildout population is?
MS. TATIGIAN: No, but I heard what it's going to be in five
years, yeah.
CHAIRMAN McDANIEL: Well, not -- it has been since you
and I came here 40 -- I came here 41 years ago. You were a minute
behind me. It's been between 800- and a million, 800,000 and a
million. Do you know what our population is today?
MS. TATIGIAN: Three hundred and fifty.
CHAIRMAN McDANIEL: Three seventy-five, plus/minus,
we're halfway --
MS. TATIGIAN: So back then --
CHAIRMAN McDANIEL: We're halfway to the buildout
point.
MS. TATIGIAN: Right. So back then why didn't we think
about the roads that we would need?
CHAIRMAN McDANIEL: Good question.
COMMISSIONER TAYLOR: That's a conversation for
another day.
MS. TATIGIAN: Why -- you know what I mean? Because
now you're subjecting many, many residents -- you know, this
is -- this was my paradise, my three acres, our three acres. I raised
my kids there. I want to raise my grandkids there. And now we
have to stop talking because of the traffic because we can't hear each
other -- or the jets going over. So something has to be done. You
know, we're asking for help. Endorse the OPPAGA study.
CHAIRMAN McDANIEL: I like that. I like the noise -- do
we have noise cameras out yet?
MS. TATIGIAN: No, we don't.
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CHAIRMAN McDANIEL: Okay. I'll get to you. You know
what, Trinity's coming up in a second. When we get done with this,
I would like to close the public -- or the petition.
MS. TATIGIAN: Well, I have -- there's another person to
speak.
CHAIRMAN McDANIEL: There's another lady that's here?
MS. TATIGIAN: Yeah. And we have -- we also work with
modified noise.
MR. MILLER: Well, it's a little confusing. Mary had actually
signed up to speak, and several people ceded her time. I didn't know
she was going to be untimed in the presenter. In addition, I have
three other people who have registered to speak.
MS. TATIGIAN: I believe it's only Terese.
MS. PINGREE: Yeah. So I'm going to take the other two.
Am I not part of the whole --
MS. TATIGIAN: Oh, and Matthias is here. Matthias. So
there's two more people.
MR. MILLER: I have Terese, and I have Matthias, and then I
also have Chris Rozansky, who is not with Quiet Florida.
CHAIRMAN McDANIEL: Okay.
MS. PINGREE: Do I just take their minutes?
CHAIRMAN McDANIEL: You can't take anybody's minutes
that's not already here.
MS. TATIGIAN: They're here.
COMMISSIONER SAUNDERS: They're part of the
application. They're part of the petition.
CHAIRMAN McDANIEL: You're actually part of the --
MS. TATIGIAN: Yeah, we're all together.
CHAIRMAN McDANIEL: You're not independent speakers.
And we're really not limiting you. We're not looking to limit you. I
mean, I'm not looking to, anyway. I just wanted to know if there
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were specific public speakers.
MS. TATIGIAN: Is there any other questions for me?
CHAIRMAN McDANIEL: No, not really. I mean, I want you
to hear from me, that I like the noise-consuming walls.
MS. TATIGIAN: Yeah, the cameras?
CHAIRMAN McDANIEL: Well -- and the noise cameras, if
they -- because one of the things, if there are noise cameras that are
out there -- what are you doing?
COMMISSIONER SAUNDERS: No, I've just had my light lit
up, and --
CHAIRMAN McDANIEL: I jumped in front of you.
COMMISSIONER SAUNDERS: Well, a couple times. The
first couple times were okay, but at some point I do want to get called
on. But I would like to hear the other speakers. Get that --
CHAIRMAN McDANIEL: The noise -- I'll finish up. The
noise cameras are a good way for our law enforcement to better
maneuver with the timing of what's, in fact, transpiring. We do
speed -- speed cameras as well. They have a better perception of
what's, in fact, transpiring from a timing standpoint.
MS. TATIGIAN: Yeah. They're in practice already, so it
would be very easy.
CHAIRMAN McDANIEL: Right. Commissioner Saunders is
next.
COMMISSIONER SAUNDERS: Why don't we go ahead and
hear the speakers, since there are a couple others.
CHAIRMAN McDANIEL: The balance of the presenters?
MS. TATIGIAN: Yeah. We were going to play a video for
you.
MR. MILLER: I have that ready. Do you want to do that
now? Do I wait for Terese to get up and speak?
(Simultaneous crosstalk.)
May 10, 2022
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MR. MILLER: Wait. I've got it muted. That's not going to
help it.
COMMISSIONER TAYLOR: Sound is important. This is not
visual.
(A video was played.)
MS. PINGREE: Mary, I think that was your house; is that
correct?
MS. TATIGIAN: It was actually Nannette's.
MS. PINGREE: Oh, Nannette's house, okay.
Well, thank you, Commissioners, for giving me the opportunity
to speak regarding the noise and pollution situation at the Naples
Airport. That's kind of what I'm more focused on versus the road
noise. I have given the court reporter five exhibits to share with you,
that I'll speak to as we go through this.
THE COURT REPORTER: Could I get your name?
MS. PINGREE: My name is Terese Pingree. My husband and
I are full-time residents here in Naples. I was a senior manager of
global sales at United Airlines for over 20 years, and I believe that it's
very important for towns like this and tertiary markets and
underserved markets to have access to aviation. I also believe that
aviation, both commercial and leisure, is very important to the
economy of this town and other towns.
But let's be clear, Naples is not an underserved market by
aviation in any way. I would like to really speak -- what I kind of
wanted to talk about is just kind of the experience that we've had
working with the Naples Airport Authority. And I've had a good
working relationship with Zach Birch over that. He's gotten me the
things that I've needed, but I just don't feel like they have any
empathy for us and, I mean, they -- or any concern for the Naples
Airport or the residents here in the community. They come up with
some ideas, but none so far have made any impact whatsoever on our
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lives.
As you may or may not be aware, the mayor and the Naples City
Council is retaining an aviation attorney to look into see what we can
do to make changes to the Naples Airport. There's quite a few of the
council people over there that really want many, many changes made
and even possibly taking over the authority from the NAA.
Negative impacts from the airport, including mind-numbing
constant noise for many neighborhoods all around, people that never
thought that they bought near an airport. They're six, seven miles
out. They never knew that.
And the black dust covering lanais, the nauseous smell of jet
fuel downtown and in our parks. We talked about our booth. I
talked to a gentleman who had taken his parents to lunch over at the
Hyatt to sit outside, and his elderly parents got so sick from the jet
fuel that they had to leave, the smell of the jet fuel, that they actually
had to leave. The Naples Square people came up to us -- and we're
going to be working with them as well, because they don't even feel
like they can use their lanais or keep their furniture out because it is
being covered in particle matter which is the black dust that you'll see
from the jets.
And the big problem is, like Mary said, a year and a half ago this
wasn't an issue, but this airport has gone up 41 percent, and the
majority of it is coming from the Uber jets or the rent-a-jets in the sky
that come and go and come and go. These are not people that live
here. You know, these are not aviation enthusiasts that like to take
their prop plane out. These are people that are abusing our
community.
And just as you know, too, the Naples City Council, it is the
number-one complaint that they now receive. This airport situation
cannot and will no longer be ignored. To say that the Naples Airport
Authority is arrogant and they think they are untouchable is an
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understatement from what we've experienced. And they do hide
behind the FAA.
CHAIRMAN McDANIEL: Are you close to being done?
MS. PINGREE: No.
CHAIRMAN McDANIEL: Okay.
MS. PINGREE: Why?
CHAIRMAN McDANIEL: Well, we're -- I don't know. You
were signed up on public petition. Is she part of the presentation?
MS. TATIGIAN: She's part of --
MS. PINGREE: Otherwise I can take the other six minutes
from them.
CHAIRMAN McDANIEL: Okay. No. There again, I don't
want to be -- I don't want to -- I wasn't sure.
MR. MILLER: Is Matthias Reinhold planning on speaking?
MR. REINHOLD: Yes.
MR. MILLER: Okay. So we have other registered speaker
from this organization, sir.
MS. PINGREE: Okay. I promise I won't be that long. My
husband says I love to hear myself talk.
CHAIRMAN McDANIEL: Well --
MS. PINGREE: So I'll try to get through this as quickly as
possible.
They do not get any citizen consent, get approval from the City
of Naples or Collier County before they take airport improvement
grants. By taking each one of these grants, it locks the airport and
our community to the FAA for 20 years versus having any city
control, and I have an example of that contract, which is labeled
Exhibit 1. Grants are their number-one excuse. Remember, they do
not get any consent from citizens or local government. Chris
Rozansky just signs our quality of life away with one swipe of his
pen.
May 10, 2022
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A few examples of the FAA rules, no curfew penalties. The
curfew's supposed to be enforced from 10:00 to 7:00 a.m. It is
broken every single morning and every single night.
The rent-a-jets, like I had mentioned, are completely -- are
completely taking over control, and there's nothing we can do about it
because we cannot limit the number of slots or the number of planes
that land here, because we are under FAA control.
And the other thing is they must continue to sell avgas, which is
poisonous leaded fuel. It's the only leaded fuel that's allowed left in
this country except for at racetracks until 2030, and it is 56 percent of
the aircrafts that are taking off and landing from this airport. Now,
they'll spin it that it's only 2 percent of the sales, but it's 56 percent of
the people that are taking off and landing. They are literally
crop-dusting our town.
San Jose Reed Airport just closed in February after testing found
that the lead levels in the blood of children near that airport were
higher than the children of Flint, Michigan, during the height of their
water crisis.
Please note that there are three schools in Naples Airport in their
direct flight paths. I have asked the NAA if they plan on testing for
lead, and their answer was no.
Candidate Michelle McLeod met with our neighborhood on
Saturday regarding the expansion of the Freedom boat club up on
Rock Creek and the airport. She thought there might have been a
lead test done years ago, so she's going to look into it and see if she
can find it for us.
In California, 26 GAAs and four avgas suppliers are settled
defendants in a lawsuit. They are required to post the following
signs within three-quarters of a mile of their respective airports -- of
their airports, and it states: The area within one kilometer contains
lead, a chemical known to the State of California to cause cancer,
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birth defects, or other reproductive harm. Lead is contained in
aviation fuel that is used by small-piston engine aircraft that take off
and land, fill in the blank airport. People living, working, or
traveling near this location will be exposed to lead as these aircraft
take off and land.
These same warning signs, if we get lead testing, which we are
working with Florida Gulf Coast University to do, could be posted at
Bayfront, Gordon River, Tin City, Baker Park. And I don't think we
want to see that happen, and that's why we need changes over at that
airport. And I do have an exhibit for you to review as far as that
goes, too, and what those signs look like. It was a very big lawsuit
in California.
Excuse No. 2, they cannot make changes because they have
lease agreements with the tenant hangars. These agreements are
written entirely in favor of the airport and can be terminated at any
time with notice. The one that they provided me, it was a six-month
notice, and they could be terminated. I mean, I think we talked
about that earlier, right? Usually the lessee has an advantage in
these type of contracts. And, again, there's an exhibit for that.
Our goal is to have the city take back control of the airport and
privatize it so that we can make here locally versus the FAA in
Washington make the decisions that are best suited for our
community. Many general aviation airports around the country are
working on this now: Puget Sound, Long Island, Boulder, Burbank,
and Manchester, just to name a few.
East Hampton is taking back their control, which is a very toity
community, too, right? So they were tired of the jets going over
their houses, so they're taking back the control of their airport on
May 19th, and what that means is they can fine for curfews, and they
don't have to take the Uber jets, the Net jets, or whatever you want to
call them, where people are just renting them. They're not private
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anymore.
Santa Monica had an agreement to go private with the FAA in
2028; however, the community can no longer wait, so two years ago
they simply shortened the runway so that no jets at all could land
anymore, and we don't want that to happen here in Naples, because,
again, I do think it's important for us to have a corporate jet facility
and other facilities for aviation enthusiasts.
So, in closing, we're going to be taking the final steps, and we
kindly ask for your support. We want to make the 150 Noise Study
public immediately once complete. According to a note from the
City Council, they currently do not plan to make it public two years
after its completion this fall. It is a classic delay tactic taken from
the tobacco lobby playbook. Not that we have any faith at all in
FAA conducting a fair study on itself. It would be like Bernie
Madoff conducting his own financial audit.
In fact, on September 23rd of 2020, 27 members of the U.S.
House of Representatives signed a letter to the FAA expressing their
concerns over recent reports on air -- excuse me -- airplane noise
metrics. In the letter to the FAA, the members of Congress said the
report was wholly inadequate, and they failed to meet the mandates
of the FAA Authorization Act of 2028.
We would also like to ask that immediate -- there's an immediate
stop to the Naples Airport Authority from taking any more of these
grants that lock our city down.
We are starting a petition to get a ballot measure. We would
like to have a vote on NAA accountability and local control over the
airport. And there's an Exhibit 5 showing what the ballot's going to
look like. We want to review all the grants that they have
currently -- they have given me one, but I haven't seen all of
them -- so that we can review to determine how many, what the
expiration dates, and the amounts, and this is going to allow us to
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determine how much debt that they have put this town in and that
would need to be repaid to unchain us from the dictatorship of the
NAA and the controls of the FAA in Washington, D.C.
And we also are continuing to work to bring awareness to
residents to where they can find help, where they can report
complaints through print, electronic, and social media and
community outreach. We have been approached by some
associations that want to talk to us, particularly the ones in the Olde
Naples area, because they are really being inundated over there.
So I'll just close with -- by saying in the words of Maya
Angelou, she used to say, if I had known better, I would have done
better. Well, now you know.
Thank you for supporting our efforts to maintain Naples as an
amazing and tranquil community. I appreciate your time.
(Applause.)
MR. MILLER: Do I just call the other gentleman? Do I time
him? What do you want me to do with Matthias Reinhold?
COMMISSIONER TAYLOR: Just FYI, I'm running out time
for this meeting.
COMMISSIONER LoCASTRO: I mean --
CHAIRMAN McDANIEL: We have one more public speaker.
He's not part of their organization. He gets three minutes.
COMMISSIONER LoCASTRO: I guess a question -- I'm
confused. I feel like we're totally off the topic. The topic here says
this is supposed to be about advocacy for excessive vehicle noise
upon public roadways predominantly from modified exhaust systems.
So I heard about Bernie Madoff, I heard about the airport, I
heard -- and I'm just trying to understand the protocol here of
unlimited time for something that isn't even on the agenda.
CHAIRMAN McDANIEL: It's on the agenda, and it's
Commissioner Saunder's agenda item. It's Quiet Florida. Is the
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gentleman that's signed up to speak a member of their --
MR. MILLER: We have one gentleman from Quite Florida.
We have one gentleman who is from the Naples Airport Authority.
CHAIRMAN McDANIEL: Do we have any -- other than a
letter of support for the organization, we don't have any authority
over the --
COMMISSIONER TAYLOR: That's correct.
CHAIRMAN McDANIEL: -- Naples Airport.
COMMISSIONER TAYLOR: That's correct.
CHAIRMAN McDANIEL: Or The Airport Authority.
COMMISSIONER TAYLOR: That's correct.
CHAIRMAN McDANIEL: So I mean --
COMMISSIONER TAYLOR: And I think that maybe this
needs to be something that's deeply researched before we move in
any direction. This is not something that I don't think [sic] we need
to get into. I've got some material.
CHAIRMAN McDANIEL: Yeah. No.
MR. MILLER: Well, I'll go ahead and call Matthias Reinhold
from Quiet Florida.
MR. REINHOLD: I'll be short. Good afternoon,
Commissioners.
THE COURT REPORTER: Can you speak into the mic.
MR. REINHOLD: Oh, in the mic.
CHAIRMAN McDANIEL: And state your name, please.
MR. REINHOLD: My name is Matthias Reinhold. I'm
putting up a map so you can see where I live. Just a little bit lower,
please. So I live up here near Pine Ridge Road. You can see the
arrows. Those are the incoming planes that land. And so this has
become a burden since about the start of the pandemic.
The number of airplanes that used to fly over our house were
few and far between and actually fun to watch. There were
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interesting models. But since the pandemic -- and I am kind of
interpreting that this is because of fear of some people that they don't
want to travel commercial -- the travel of jet planes has increased
dramatically.
COMMISSIONER TAYLOR: Excuse me. I think -- and I
don't mean to interrupt you except I'm going to. It's because of the
inability to travel commercial. That's -- it was a practical decision.
MR. REINHOLD: Okay. The situation on weekends has
become unbearable because of the constant and loud noise of twin jet,
small, medium-size passenger airplanes flying over our house
approaching Naples Airport hour after hour, five minutes apart,
sometimes even less.
It is impossible to sit outside because of the constant noise, and
sometimes I actually have to flee my house, go somewhere else
because it's -- it's insane.
In addition, the traffic does not stop at 10:00 p.m. It's only, like
it says here, strongly discouraged to not land between 10:00 p.m. and
7:00 a.m. Well, that's nice, but it doesn't stop planes from landing
between those hours.
I can't count the number of times that the noise of a landing
airplane woke me up well after 11:00 p.m., and then you have trouble
going back to sleep.
The airport traffic noise at today's level is quite literally making
me sick, so I had to double my blood pressure medication on that
one.
When you look at the location of Naples Airport, it is not hard to
see why this is becoming a burden for so many folks. The airport is
in the middle of where everyone lives, and traffic is increasing. This
is a problem that many geographic areas with population growth face,
and Naples is no exception. It is time to re-think Naples Airport and
the more than 700 acres of land that it occupies.
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The current trajectory of growth of the airport is not a good one
and not sustainable. It is time to reevaluate the purpose and the use
of Naples Airport.
CHAIRMAN McDANIEL: Thank you, sir.
MR. REINHOLD: So that's what I wanted to say.
And one comment I wanted to say for the noise of cars. It
would be great to enforce speed limits, because the faster you go, the
louder it gets. And our roads, they go 60. They're raceways. If we
could go back to 45, that would be nice.
CHAIRMAN McDANIEL: Thank you, sir. Appreciate you
coming.
MR. MILLER: I have the last speaker registered is Chris
Rozansky.
CHAIRMAN McDANIEL: Yeah. And certainly -- Chris is
the director of the --
COMMISSIONER TAYLOR: Executive director.
CHAIRMAN McDANIEL: How you doing, sir? I didn't
return your phone call this morning because you called when I
was -- we were already on TV. So, good morning.
MR. ROZANSKY: That's quite all right.
CHAIRMAN McDANIEL: Good afternoon, by the way.
MR. ROZANSKY: Thank you, Chair and Commissioners.
Chris Rozansky, executive director for the Naples Airport Authority.
We saw this on the agenda this morning, and so I had
opportunity. I thought I'd come and see if I might have chance to
speak, and I'll try to make it brief.
First off, I actually do want to thank Mary Tatigian because she
is accurate in that she helped to get Congressman Mario Diaz-Balart's
office involved in our Part 150 Noise Study, and that's actually been
very helpful. They've helped, actually, to apply some pressure to the
FAA where we needed help getting a little bit more response.
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With our noise study that started just before the pandemic,
there's two public committees, and they make up a cross-section of
citizens in the aviation community living around every side of the
airport, including residents of Collier County; however, I am
concerned -- and the other part of why I'm here today is because there
are many, many things I heard in the statements made to you that
simply are not accurate.
Some of the folks here that have spoken bought their homes two,
three years ago, and they talk a lot about growth. They've been part
of that growth. One of them, Ms. Pingree, bought her home
one-third of a mile from the end of the runway in Brookside, and she
worked in the airline industry. Her former employer would
vehemently propose [sic] many of the things that she's proposing.
It's very challenging for us because as the airport sponsor, the
Naples Airport Authority, we have the responsibility to provide a safe
and efficient airport. We don't control the amount of traffic. It is
true that there's been a great increase in private air travel, especially
since the pandemic, but let's not mischaracterize that there was no
traffic, that you could hear a pin drop prior to the pandemic. Prior to
the pandemic, the Naples Airport ranked in the top 20 nationally for
private jet activity. That has increased. But that was all prior to the
pandemic.
The airport goes as the regional economy goes. The airport
provides a near half billion per year regional economic impact. And
there are a lot of Uber jets and charter jets and things like that, but
we've surveyed passengers. Many of them are homeowners here.
Upwards of 80 percent are residents, homeowners, taxpayers here in
this community with 75 percent of them being within the City of
Naples.
Now, that's just folks coming in on jets. A much larger portion
of folks who have aircraft based at the airplane that are there
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year-round resides outside the city, many of -- majority of which are
in Collier County. More than 50 percent of the tenants and
predominantly of smaller light aircraft are in Collier County.
We are working our way through the noise study, but many of
you understand that matters of airspace and flight procedures are
federal jurisdiction. There is an obligation as a public airport,
regardless of whether you take grants or not. There is not a magic
formula that if you don't take grants, you're no longer a public airport.
There is a great legal precedent in East Hampton that is being tested
that has never been tried before in the United States. The
community's already spent a couple of million on attorney's fees.
They're in lawsuits. They're in federal complaint processes with the
FAA by the users and the tenants of that airport. It is not easy to
terminate a lease. You have to provide -- if you were to do that, it's
specifically stated for the airport master plan, and you would have to
provide the tenant renumeration, provide them an equivalent facility
elsewhere on the airport. We have long-term lease agreements with
tenants that extend through the 2050s.
It's quite -- and to try and wrap up, sir, if I may.
It's false that the noise study is not public. Since the noise
study began, we have had over 100 community and public
presentations, many of which are available on our website. We are
working in the phase right now with the FAA to try to gain
improvements on flight procedures and altitudes. It's very
challenging because one of the folks here, we'll hear from her when
there's a crosswind runway and you're using the crosswind runway.
And we hear from another one of the members of Quiet Collier when
the other runway is in use. So there are no easy answers. The
airport goes with the community.
And we're going to be watching very closely what happens with
East Hampton, but it's far too early, and a senior representative of the
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FAA told me it's going to take two to three years for the legal
processes to work themselves out. So please don't believe what
you've been told, that the airport is privatizing, end of story. They
may initially be able to do that, but it's not the end of the story.
We've been asked about moving the airport, which the Airport
Authority is agnostic to, but then you get into the problem, where do
you find a thousand acres and half a billion dollars or more to
re-create the sort of facility we have today that serves the needs of the
community?
That's about -- oh, black soot. That comes up quite often.
We've tested it. The City of Naples has tested it. Every single time
it's been tested, it's been found to be mold and mildew. We're happy
to test it again. I invite. We'd be able to test it from anyone who's
here, on your rooftop or wherever you may see it. Every single time
that's been the case.
Is there exhaust from aircraft and jets? Certainly. I don't think
anybody could deny that. But the airport has about an average of
300 takeoffs and landings a day, which is a bit higher in season.
Airport Road, Davis have 30- to 40,000 vehicles per day. I-75 has
75- -- 70- to 75,000 vehicles per day.
So the airport provides great benefit not just to the economy. In
times of emergency services, we saw that in Irma when we hosted
1,500 FP&L linemen. There's a lot of other things that go into it, not
to take up any more of your time. If you'd like to discuss this further
at a later date, I'd be happy to do so when we can be better prepared
and you have more time on your schedule.
CHAIRMAN McDANIEL: Commissioner Saunders, do you
have a question for Chris?
COMMISSIONER SAUNDERS: No, I don't.
CHAIRMAN McDANIEL: How about you?
COMMISSIONER LoCASTRO: Yeah, I have a few.
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Chris, first, thanks for hosting me about a month ago. I had
Ken Warner, your CFO, you know, take me around for half a day,
and I was actually very impressed, especially as a former Air Force
Officer and military Air Force Base Commander, to see what you are
doing.
True or false, the airport falls under the City of Naples, not
Collier County?
MR. ROZANSKY: The airport property is owned by the City
of Naples. The Naples Airport Authority has a 99-year lease with
the city, and the City Council appoints our five-member Board of
Commissioners.
COMMISSIONER LoCASTRO: Right. So you and I both
knew that answer.
So my second thing was going to be, are you -- are you getting a
full audience with the City Council from the City of Naples to talk
about these very issues? Because this was great information for us,
but I don't think anybody sitting up here can close down the airport
tomorrow, although we care. It's in Collier County. I don't want to
make light of it.
But, you know, I'd like to -- our commissioners to know, I mean,
especially since I'm asking the question, are you getting the audience
that you need from the City Council for the City of Naples to address
these issues aggressively? I mean, I watched a Zoom video where
you talked about -- the day I visited you were having your meeting
about noise and whatnot, and there was quite a few, you know, folks
there. But when it comes to Naples City government, are you in
aggressive conversations with them to address these issues?
MR. ROZANSKY: Our desire is to be in lockstep, go to FAA
in lockstep about the changes we'd like to see as part of the Part 150.
The next step would be to talk about a potential access restriction, a
Part 161 study. You may recall 20 years ago Naples was the only
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community in the United States to defeat the FAA in court in banning
older, noisier jets. The law is different today. You can't go back
and do the exact same thing today, but we're trying to have those
discussions with the city. They had previously confirmed a joint
workshop for us and our board and the City Council June 20th, but
then due to other scheduling conflicts, that was just postponed. So I
don't believe -- although we have had some meetings in the past,
we're probably looking at an August/September time frame before we
could have another meeting with the city.
COMMISSIONER LoCASTRO: Maybe that's where we can
help. We all have personal relationships with the folks there. I'd
like to see it not delayed. It is a hot topic, so nobody's discounting it.
I had two questions written down here, but you kind of answered
them. But I guess for the sake of the record, during my visit out
there -- and I talked about this in great length because I do have a lot
of experience with it, your biggest problem out there is the FAA
altitudes. And I was really, actually, surprised to hear that once an
airplane takes off, we all know, then -- and not everybody
knows -- the FAA immediately takes over. You don't own the
airplane [sic].
But I was surprised at how long they're taking to allow the jets
to get up to a cruising altitude. That's the problem.
And then I was happy to hear from Ken that you guys know that.
And I hope that the congressman -- and, you know, this is at a level
above the county, but we can still be involved as well. If that can get
tweaked or, you know, helped a little bit, although the feedback I
gave Ken is we've tried to do some of that. We had more leverage at
my military bases. But it's not as easy as you think, as you know,
because once they get up to altitude, there's lots of other stuff going
on out there. So sometimes they leave these private jets at 5-, 6-,
7,000 feet for safety reasons, and that's why, you know, they're heard
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by houses on Pine Ridge because -- you know, it would be great if we
can get them up to a cruising altitude faster. But it sound like you're
pursuing that, correct?
MR. ROZANSKY: Thank you, Commissioner LoCastro.
That is the number-one priority, to try and eliminate those artificial
holds that we have. Jets are held down to 2,000 feet after takeoff
before they can be transitioned to RSW and taken to a higher altitude.
It's very challenging because the airspace is somewhat complex.
And from a human factors basis, change isn't easy, and there's a lot of
process and bureaucracy, and it takes time. So we're pushing and
pushing and pushing, and that's actually one of the things I've
appreciated about Congressman Diaz-Balart's involvement. They're
helping to push us along the way.
COMMISSIONER LoCASTRO: I wrote down here black soot
before you brought it up because every base I had, I guarantee you,
had more takeoff/landings than you did, especially right after 9/11.
Never had black soot anywhere on our military houses.
So what I was going to say is, has it been tested? Because my
expectation was it was going to be something other than jet fuel, jet
soot, you know, anything from, you know, the burning of jet fuel.
And if you're saying you have studies that show it's more of mold or
whatnot, I'm not -- I'm not questioning or getting into a debate here,
but, you know, having never seen black soot like that on a military
base that I've been on where we had thousands of takeoffs sometimes
depending on what was going on, a lot of times it is something other
than that. And I was wondering if you tested it. You did test it, but
maybe make those test results more available so that somebody
doesn't -- isn't just taking your word for it, because that's a pretty big
deal. If people are saying, oh, gosh, the airport's covering my entire
house with black soot, maybe it is something else. And they can run
their own tests as well. Thank you. And I appreciated the time
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you-all spent with me.
MR. ROZANSKY: Thank you. Our pleasure.
CHAIRMAN McDANIEL: Thank you for coming over, Chris.
Appreciate it.
MR. ROZANSKY: Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Okay. First of all, Mary, on
the email you sent, Commissioner Solis' name is not on there, so he
was inadvertently left off the email list, and that's why he didn't
receive that. I know Commissioner Solis always responds to all of
his emails, so that's why you didn't get one --
COMMISSIONER SOLIS: Every single one.
COMMISSIONER SAUNDERS: -- that's you didn't get a
response from him on this one.
I want to switch gears from the airport, because I think
everybody understands that's a huge gorilla that we would have a
tremendous amount of difficulty in trying to wrestle with.
So let's move on to what we can do immediately. The last time
this came up, we asked our lobbying team to work with our
legislative delegation -- and I see Mr. Mullins is here in the audience.
I may put him on the spot a little bit. So come on up.
I'd like to kind of get a real quick summary, if I could, on what
our legislative efforts are, and this is the time to really kind of
redouble our efforts, because committee meetings will be starting in
September or October, and legislators are crafting legislation now.
And I know there's been some effort to clarify some of the statutes
dealing with penalties for altered mufflers and that sort of thing.
And while you're focused on that issue, the noise cameras, I
don't believe, are permitted in Florida at this point in time. And so I
think I'd like to suggest, and if the Board is willing, to add that to our
lobbyist list of priorities moving forward so at least we have that, if
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you will, tool in our toolbox.
So that's my first question is: Where are we legislatively, and
can we add a couple things to that legislative agenda?
MR. MULLINS: Sure. For the record, John Mullins, your
director of Communications, Government, and Public Affairs.
At the conclusion of the legislative priorities, Commissioner
Saunders charged your lobbyist with looking at a state solution to
some of the issues brought up by Quiet Florida, predominantly
looking at the vehicular modified exhaust systems.
In doing that, what we discovered was that the current penalty
that was being cited via the sheriff's pulling people over was about
$113, a nonmoving violation fine. In a nutshell, in 2021 a bill
passed, it was the comprehensive transportation package that also
included one sentence in the 40-page bill that had an enhanced
provision dealing with the modified mufflers, both the shops that do
the modifications and people who actually drive them on the roads.
So what -- it kind of set off a red flag for me. I'd been reading,
doing some research on publications and interviews saying there was
only a $113 violation, and that wasn't really lining up with what I was
reading in statute.
So in doing so we found that there is a section of statute that
adds an additional fine of $200 for the first offense and $500 for the
second and subsequent offense. So in total, right now, what should
be levied is a $313 fine for the first offense and a $613 fine for the
second and subsequent offenses. And as of April, thanks to Senator
Passidomo convening the meeting with Rep Melo and members of
Quiet Florida, the Sheriff's Department, and we've also had
communication with the Clerk's Office, everyone's on the same page
now. The Sheriff is actually handing out the proper fines as of mid
April. And one of their habitual offenders who in the past had said, I
just build that $113 into my budget and had received up to eight
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citations in the past received his first $613 citation in mid April. So
I think that may have a little bit more of an impact in the future.
CHAIRMAN McDANIEL: He'll have to adjust his budget.
MR. MULLINS: Adjust the budget appropriately.
As for other efforts, Senator Passidomo has advanced an
OPPAGA study request. Those can be put in by any member and
then have to be authorized by the Senate president which, spoiler
alert, that's about to be her. So I think the odds on that study moving
forward are better than the Kentucky Derby winner from last
weekend.
She has also graciously offered to help with the cleanup of
Chapter 318, which is the penalties section, that is right now six
pages of uninspired reading of convoluted calculations at arriving to
different fines. It has been amended close to 100 times since 1974
when it was first put on the books. It is not user friendly. It is
barely readable. She has offered to work with the clerks' association
to go in and clean up that statute and make it much more user friendly
in the future. So that will happen.
Also, the last thing that I will mention is you had talked about
supporting the OPPAGA study. I would submit to you that we can
do that via the legislative priorities document that you will have
before you this fall.
COMMISSIONER SAUNDERS: And it's Representative Melo
is assisting as well or --
MR. MULLINS: Yes, yes. She was part of the meeting that
we had. It was about a month or so ago, yes.
COMMISSIONER SAUNDERS: Well, I want to make
sure -- and I think our commission agrees that we want this effort to
be a priority of our lobbying efforts. So just make sure that that's
included. And I would even suggest a letter from our chairman to
our delegation thanking all of them for their efforts going forward so
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that they know that we appreciate what they're doing.
CHAIRMAN McDANIEL: Delineating those specific items.
COMMISSIONER SAUNDERS: Yeah. And on the noise
cameras, I know that that's something that's not permitted right now,
but I would like to see if there would be some effort -- and this may
come out in the OPPAGA study to authorize local governments to
establish those. So that would be a big step if we could add that on
our legislative --
MR. MULLINS: Yeah. The only information that I would
add to that particular topic is, number one, I think noise meters were
included in the request for OPPAGA to look at and things of that
nature. As far as specifically using noise cameras, I believe that the
cousin of that right now, the red light camera, is still in litigation.
So I would imagine the results of that court battle might kind of
determine the future of similar cameras that do noise.
COMMISSIONER SAUNDERS: Okay. At least they'll know
that it's on our --
MR. MULLINS: Yeah.
COMMISSIONER SAUNDERS: -- list of things that we're
interested in discussing.
And then what we can do as a commission almost
immediately -- we're getting into our budget process right now.
Clearly, the Sheriff's Department needs more personnel to be able to
enforce speeding and to enforce noise and muffler issues. They can't
do it with the personnel that they have. They can hit certain spots,
but to be more aggressive and more countywide, they need more
personnel.
So I'd like to see if the Commission would be interested in
asking our sheriff to put together a bit of a program in terms of a
budget request for this specific purpose so that -- not necessarily have
law enforcement that are designated only for this purpose, but to
May 10, 2022
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increase his personnel so that we can meet the needs of our
communities to deal with noise issues. So I don't know if the
Commission would agree with that, but --
COMMISSIONER TAYLOR: I would agree.
COMMISSIONER SAUNDERS: So I think you have that.
And then on the noise walls, I was going to say -- I was going to
say, we could build it and have Mexico pay for it, but then I decided
not to say that because it just would not be appropriate at a public
forum, so we won't deal with that.
CHAIRMAN McDANIEL: Did you get that? That's going to
be on the news tonight, correct?
That all.
COMMISSIONER SAUNDERS: That's my list of --
CHAIRMAN McDANIEL: Are you all done? Okay.
Well, I don't think there is -- we don't need to take a vote on this
at this stage. I mean, we received the report. We've made the
comments that we've made.
COMMISSIONER SAUNDERS: He's got the consensus of the
Board, so...
CHAIRMAN McDANIEL: Right, sure. And I wasn't under
the -- I wasn't aware that the noise cameras are not allowed. I know
we have the traffic monitors that are out there that flash like a
sheriff's officer when you're going too fast, and those are tracking
devices. They don't track the individual, but they give the Sheriff's
Department time as to when speeding is, in fact, occurring, and then
they -- and then the Sheriff can enforce -- put the enforcement agents
out there during that time, so that was what I was actually thinking
about the noise camera that Mary said.
So, all right. Let's move on.
MS. PATTERSON: Time for a court reporter break?
CHAIRMAN McDANIEL: Oh, yes, yes, yes. Sorry about
May 10, 2022
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that. 3:35.
(A brief recess was had from 3:25 p.m. to 3:35 p.m.)
CHAIRMAN McDANIEL: Okay. Ladies and gentlemen,
we're moving towards the end here, I believe. We're still minus a
couple. And I know -- if I may, Commissioner Taylor has an
obligation. She has to be gone by 4:00.
COMMISSIONER TAYLOR: Yep.
CHAIRMAN McDANIEL: So do you think we can --
MS. PATTERSON: We'll hustle.
CHAIRMAN McDANIEL: Okay.
Item #10B
STAFF TO ADVERTISE AND BRING BACK A LAND
DEVELOPMENT CODE AMENDMENT TO ALLOW MEDICAL
MARIJUANA DISPENSARIES IN THE SAME ZONING
DISTRICTS AS PHARMACIES – MOTION TO ADVERTISE
AND BRING BACK TO A FUTURE BCC MEETING –
APPROVED
MS. PATTERSON: That brings us to Item 10B,
recommendation to direct staff to advertise and bring back a Land
Development Code amendment to allow medical marijuana
dispensaries in the same zoning districts as pharmacies. This item
was brought forward by Commissioner McDaniel.
CHAIRMAN McDANIEL: Correct. And just to -- just to
reiterate what's already in the executive summary, this is a subject
matter that's been going on with our community for quite some time,
and today all we're doing, necessarily, is voting to bring back an
ordinance to determine whether or not we allow for the dispensaries
to be located within our community as per the statute that allows
May 10, 2022
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for -- oh, here comes -- here comes the other two.
We're on Item 10B, gentlemen. This has to do with the medical
cannabis, the medical cannabis dispensaries.
COMMISSIONER SAUNDERS: You don't need all of us here
for this, do you?
CHAIRMAN McDANIEL: No, I only need three of you.
Well, today -- as we did before, today we're only voting on whether
or not we want to bring this back for an actual ordinance. It requires
a supermajority vote to amend our Land Development Code, and so
the premise here is have a discussion, engage the public, if there is
any that wishes to engage. Do we have public speakers?
MR. MILLER: I do not, sir.
CHAIRMAN McDANIEL: Okay. So having said all that, we
need to have four votes in order to amend the LDC.
We've had long, drawn-out discussions and debates with regard
to the cannabis dispensaries. They are legal. The Board has not
either banned them or amended our LDC.
And the County Attorney and I have gone round and round with
language within our LDC about whether or not they're legal by
default or not, and the language says they're not defined within our
LDC so, therefore, then they're not legal.
So I would like to see them be allowed within our community.
I think there's way more good that comes from it than not,
necessarily. I had actually -- and the County Attorney and I have not
come up with language that's sufficient.
One of the things that I would like to do is appropriate the sale
tax money that's generated from these dispensaries over to the mental
wellness community, either the drug court or any one of -- or all of
the agencies that are allowed to receive funding from us with regard
to assisting those that suffer from mental illness. It's a fairly
well-known statistic that folks that suffer from substance abuse
May 10, 2022
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oftentimes have an undiagnosed mental illness that isn't diagnosed.
And one of the largest issues we're running into -- and,
Commissioner Solis, you've seen it, is money, having money to be
able to appropriate. You know, Judge Martin complimented us this
morning in appropriating staff to help her in her drug court. And I
thought with the advent of these dispensaries, the misnomers that
were brought forward years ago when this law first got passed
were -- actually came to be actually misnomers. There isn't a lot of
crime and excess negativity that's brought onto the communities
because of the advent of these, and I think a benefit for our
community is allowing for the dispensaries to come to our
community.
So with that, Commissioner LoCastro's lit up.
COMMISSIONER LoCASTRO: I mean, as the newest
commissioner here, I think the last time you-all discussed this,
obviously Commissioner Fiala was in the seat, I'm expecting. So
can you refresh my memory on how long has it been since this was
brought? I mean, I know that all the commissioner meeting I
attended as a candidate, this wasn't something, so it must even
predate 2019.
CHAIRMAN McDANIEL: '17.
COMMISSIONER LoCASTRO: 2020. Okay. So then that
confirmed that.
CHAIRMAN McDANIEL: June '17, the legislature passed the
legislation, and then we started July of '17 and then again in March of
'18, and then again in May of '18 and October of the '18, so -- and
then I think three or four times. I just quit trying.
COMMISSIONER LoCASTRO: So I started attending
meetings here as a candidate in October of 2019. So I hadn't -- I
knew it was a bit dated.
You know, so I think maybe all of your positions are already
May 10, 2022
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known, although they change over time or whatnot. I haven't had a
chance to speak on the microphone here about my position.
You know, I've said before on other things that were
controversial that I'm not opposed to opening up the dialogue on
anything. It might mean I adamantly vote against it in very end.
But if what's being floated here is the ability to bring it back for
discussion, I have a hard time voting against anything to bring back
for discussion.
And so I don't want to misunderstand what we are voting here.
I think, like as you said, is that, you know, since this is something
you brought forward, Commissioner McDaniel, is that what you're
basically saying, recommend to direct the staff to bring back a Land
Development Code amendment to allow, and then bringing back that
amendment would obviously generate a lot of discussion, and I
would expect that we'd have a lot of speakers and folks here that
would be on both sides of the issue and give us a lot of information,
you know, correct? But that's all this does?
CHAIRMAN McDANIEL: That's correct. It's similar to the
vote that we took two weeks ago on the 60-day notice ordinance.
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: Some voted to do -- bring it back
for an actual ordinance and vote.
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: And I'm doing the same thing here.
This is -- ultimately, this ordinance -- and, of course, people's
decisions can be swayed based upon the -- does he want to speak?
MS. PATTERSON: No, sir, sorry to interrupt. We were just
confirming that it would have to go through DSAC and the Planning
Commission, so there would be even more time for public vetting.
CHAIRMAN McDANIEL: Okay. That would be fine.
Anyway, once the final language in the ordinance goes through
May 10, 2022
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DSAC and the Planning Commission, it would then, in fact, come
back to us. But this is the beginning of the process for us to make
that determination.
COMMISSIONER LoCASTRO: I just wanted to get that
clarity.
CHAIRMAN McDANIEL: Yes, sir. Commissioner Saunders.
COMMISSIONER SAUNDERS: I have no problem having
this come back. When it does come back -- and this is going to be
several months from now because of the process we have to go
through. But when it comes back to the Planning Commission and
then to the County Commission, I'd like for staff to evaluate police
reports and that sort of thing for the dispensaries in Bonita Springs,
and I think there's three or four of them on Bonita Springs
Boulevard --
CHAIRMAN McDANIEL: Bonita Beach Road.
COMMISSIONER SAUNDERS: Bonita Beach Road. I knew
that didn't sound right. Bonita Beach Road. I don't think there's
been any particular problems, but just so we have that part of our
record to see what kind of law enforcement issues they've had there.
CHAIRMAN McDANIEL: Thank you for bringing that back.
I mean, you -- that was a concern that you expressed. I think one of
the quotes that you made was we want to make sure that the
medicine's not going out the back door illegally, and we want to
make sure that there isn't an increase in the crime, so...
Well, with that, I'll make a motion that we do, in fact, proceed
forward to bring this back as an ordinance after it's heard by DSAC
and the Planning Commission.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we move forward with this as an ordinance to be heard
in our future. All in favor?
May 10, 2022
Page 181
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.
COMMISSIONER TAYLOR: I agreed. I'm going to
allow -- I'm going to agree -- I'm not opposing this. It needs to be
heard. It needs to be vetted. It's three years. And then I'm not
saying I'm going to vote for it or lobby against it.
But I will just add something which is probably -- I'm going to
drop this bomb right now. Is anybody concerned that our former
Deputy County Manager Callahan was a consultant for a medical
marijuana supplier in Lee County? Does that bother us at all? Is
that going to be a problem of ethics or anything like that? He
worked -- while he was Deputy County Manager, he worked as a
consultant.
COMMISSIONER SAUNDERS: It certainly would if he was
still here --
COMMISSIONER SOLIS: Yeah.
COMMISSIONER SAUNDERS: -- but I don't see how -- and I
didn't know that. That would have been a serious problem.
COMMISSIONER TAYLOR: It was reported in the
newspaper, yes.
COMMISSIONER SAUNDERS: Was it?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: Well, if it's in the newspaper, it's
got to be true.
COMMISSIONER TAYLOR: I think it's been documented.
May 10, 2022
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CHAIRMAN McDANIEL: I'm wondering about the -- you
know, our Clerk's done a very extensive investigation into what
transpired while Mr. Callahan was, in fact, working for us, and I
think that's certainly something that we can all --
MR. KLATZKOW: We can eliminate that issue. My
recommendation is staff does not make a recommendation on this
item. That takes the staff element out. And then it will just be your
vote, and you had nothing to do with Mr. Callahan.
COMMISSIONER TAYLOR: Right.
CHAIRMAN McDANIEL: True.
MR. KLATZKOW: So that gets rid of any argument of a taint
on staff's behalf. There will be no recommendation to enact or not
enact it.
COMMISSIONER TAYLOR: Right.
CHAIRMAN McDANIEL: That's a good way to handle it.
COMMISSIONER TAYLOR: All right. Thank you.
CHAIRMAN McDANIEL: Very good. 5-0.
Item #10C
THE BOARD OF COUNTY COMMISSIONERS ACCEPT AN
UPDATE REGARDING THE COUNTY MANAGER
RECRUITMENT AND PROVIDE STAFF WITH ADDITIONAL
DIRECTION ON THE INTERVIEW PROCESS - MOTION TO
START INDIVIDUAL INTERVIEWS AS EARLY AS MAY 23RD
AFTER THE BACKGROUND CHECKS ARE COMPLETED;
CANDIDATES WILL INTERVIEW EITHER IN-PERSON OR
OVER PHONE/ZOOM, THEN BRING BACK ALL CANDIDATES
AT THE JUNE 14, 2022 BCC MEETING; COST OF TRAVEL
WILL BE FOR CANDIDATES ONLY, FOLLOWING THE
COUNTY MANAGER’S POLICY, WITH FINAL INTERVIEWS
May 10, 2022
Page 183
AT THE JUNE 14, 2022 BCC MEETING – CONSENSUS
MS. PATTERSON: Item 10C is a recommendation that the
Board of County Commissioners accept an update regarding the
County Manager recruitment and provide staff with additional
direction on the interview process.
Ms. Amy Lyberg will present or answer questions.
MS. LYBERG: Good afternoon, Commissioners.
At your last meeting -- and I appreciate the opportunity for the
update today. At your last meeting, we gave you a timeline of
anticipated activities that would be based on completion of the
background screening process.
We had some minor delays in finalizing the agreement with our
third-party vendor, but as of last Wednesday, May the 4th, the
screening process is underway. We had anticipated that that would
be done by this Friday; however, I think we're probably going to see
that it's going to take till the end of next week before those
interview -- or those screening results will be completed and
available for review. It's important in considering that in light of
some of the items that I'm doing for -- we were asking for some
direction on today.
So back -- in that regard, we have two items we'd like to talk
about today for direction in the next steps in the process. The first is
a decision on the process you wish to use in selecting your next
county manager. There are some options on the agenda, and
certainly you can consider these or others. The first item that
was -- is aligned with the process that you followed the last time
which was an individual interview, personal interviews with each of
the candidates by -- it's self-scheduled by each candidate through the
executive coordinators with each of you.
A second option would be setting a single date for the interviews
May 10, 2022
Page 184
where each of the interviewees will sit with you on a rotational basis
to interview. And the third item that's on here is in consideration of
a comment that we heard the last time that you actually -- you
appreciated the process for the special magistrate where they actually
got the opportunity to talk with you in the setting, in the board
setting.
So to consider a special noticed meeting and some dates
recommended in early June where the candidates could come back in
potentially a panel style format and have those interviews.
So I think that being the first item we're seeking direction on, I'll
stop there and allow you to consider some options.
CHAIRMAN McDANIEL: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: With the advent of
Mr. Isackson's resignation, sudden resignation, we don't have the
time constraints we had before, and I think we need to exercise a
different schedule. It doesn't mean it has to change tremendously,
but it doesn't have to be as compressed as it was before.
So I would respectfully ask that, understanding that, if there's a
consensus that folks agree with me, then we need to go back and
change the schedule. I think it's critical that there are -- is a public
meeting for the candidates to come before us. I also think it's
important for individual interviews of each candidate. I don't think
that should be waived. So that's pretty much where I am with these.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, I concur. What I
wrote down here is the proposal I would make -- and it's not a
proposal. It's what we've been doing -- is that each individual
interview the six candidates individually. I don't think we need a
skinny-down process where we go, okay, we interviewed six, let's
skinny it down to three. I'd like to see all six of them come in here at
the Board of County Commissioners meeting and give their five
May 10, 2022
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minutes. I mean, I think this is such an important job. I mean,
maybe after all the interviews we give you feedback that, wow, one
of them actually said they weren't interested or if something came out
of the interviews that made it sound like we're really down to five.
But I think with six remaining, we schedule, you know, the six
interviews and then, obviously, you're going to have to schedule them
to come here at a time when the three out-of-towners can make it or
whatnot, and maybe we wind up hearing from three at one meeting
and three at another. I mean, I agree with Commissioner Taylor. I
think we've got two very capable deputies, and I don't think that we're
under a super-duper time constraint now with a ticking time bomb.
So I'd say we all schedule our interviews individually and then
work through you to get them on one of the County Commissioner
meetings to speak in public, and we can decide how much time
they're going to get or whatnot. You know, maybe it's just five
minutes. But I think that worked well the last time. And I don't
think out of the six -- I'd be surprised if, you know, two immediately
drop out and that we have to do a skinny-down process. I think
they're all very solid candidates, and they should all be given the
same amount of time.
CHAIRMAN McDANIEL: Anything to say?
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: You were lit up.
COMMISSIONER SOLIS: I'll say that I'd like to do it the way
we did it last time. Why don't we have some private interviews, and
then they come to a regularly scheduled meeting and give us -- you
know, tell us why they're the one. I don't know that we need to have
a separate panel or a separate date or anything. I think hearing from
them at a regularly scheduled commission meeting, you know, would
be fine.
CHAIRMAN McDANIEL: I would rather we do that as well:
May 10, 2022
Page 186
Individually do the interviews with them, individually with our own
aides and our own staff on our own -- I mean, herding these squirrels
to try all get to one day when they're all here and we're all ready to be
able to do the interviews, I can't imagine pulling that off. So just
doing it -- and, by the way, I'd be fine with, for the out-of-town
candidates with Zoom interviews on a personal level. We don't have
to have them come here personally. I --
COMMISSIONER SOLIS: I'd leave it up to them.
CHAIRMAN McDANIEL: Okay. Well, there's some
discussion here about us paying for travel.
COMMISSIONER TAYLOR: Of course.
CHAIRMAN McDANIEL: And so if we have six
independently scheduled interviews, then travel becomes --
COMMISSIONER SOLIS: How many out-of-towners --
COMMISSIONER LoCASTRO: Three.
COMMISSIONER SOLIS: I know one --
MS. LYBERG: There are three, Commissioner.
COMMISSIONER SOLIS: There are three out-of-towns.
CHAIRMAN McDANIEL: Right.
COMMISSIONER LoCASTRO: My point just about
when -- I'd like to see them, like everybody's saying, see them all
here in person, but if there's five that can do it on one particular day
and then there's one that can't, or whatever, like Commissioner
McDaniel said, try to herd them all in here on one particular day
during a regularly scheduled commission meeting. But if you come
back to us and, you know, there's one or two people that it's
impossible for some reason or whatnot, I don't feel like that we're on
an extremely tight schedule, that if we heard from, you know, one or
two remaining people -- I'm not saying -- I hope that's not the case,
but to give them their time if they had some sort of emergent thing,
daughter graduation, wedding, something like that, and we couldn't
May 10, 2022
Page 187
get all six of them. I mean, three of them are obviously local, so
we're really just talking about three people. But, you know, I guess
we'll wait to hear from you if you can schedule them all at a regularly
schedule Board of Commissioner meeting after we've all done the
one-on-ones. And like you said, that's how we did it last time, and I
thought it worked great.
CHAIRMAN McDANIEL: Commissioner Saunders.
(Commissioner Taylor left the boardroom for the remainder of
the meeting.)
COMMISSIONER SAUNDERS: Let me make a suggestion,
that we schedule the interviews for our first meeting in June and that
prior to that meeting, that you provide us contact information so we
can have a telephone interview with all six of the candidates, or the
subset of those that we choose to interview, and that way we can do
that over the next week or so, have them -- or next couple weeks and
then have them come to our first meeting in June.
And, quite frankly, I think we can either make a decision then or
make a decision at our second meeting in June. The reason, I think,
that we need to kind of stick with that schedule is that we're going to
have a meeting in July, we want a new manager on board before we
take our break, if we have a break this year. We want to make sure
that we have somebody on board in advance of that. So I don't think
that's an unreasonable schedule in light of the fact that we've been
dealing with this now for several months.
So I would make that as a suggestion.
CHAIRMAN McDANIEL: I like that suggestion. I think it
works well from a timing point. I agree that there isn't as much of a
rush, not that there necessarily was before, but I think sticking with
the schedule that we have and working towards coming up with a
final decision, we can certainly accomplish that by the end of June.
And I like -- whether or not we have a summer break or not is to be
May 10, 2022
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determined.
COMMISSIONER SAUNDERS: We'll fight that battle again.
CHAIRMAN McDANIEL: There's no fight.
So are you clear on that?
MS. LYBERG: I'd like to restate just to make sure that I know
what the direction is. Now, just in consideration again, we have
not -- we've got all six candidates at some phase of the background
screening process. It's not concluded yet. And you had made a
determination you didn't want to proceed until we had --
CHAIRMAN McDANIEL: Correct.
MS. LYBERG: -- successful background screens on everyone.
If those conclude by next Friday, which is about a week later
than the timeline that we had provided the last meeting, those
interviews could start as early as Monday the 23rd of May. And it
sounds like you want those concluded before the June 14th board
meeting so they could all be back here to present to the Board for
their candidacy on that date.
CHAIRMAN McDANIEL: And that gives -- May 23rd the
interviews begin, and we bring them in here on our June 14th
meeting; is that what I understand?
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN McDANIEL: All of them come in. You're
looking at me.
MS. LYBERG: Yes, sir. I mean, if that's what I'm hearing
from the Board --
CHAIRMAN McDANIEL: I'm looking at the calendar.
MS. LYBERG: -- yes, we can -- that can be the
communications that we have.
CHAIRMAN McDANIEL: And you'll -- upon completing the
background checks and investigations, you'll supply our aides with
the contact information for the candidates so we can schedule those
May 10, 2022
Page 189
interviews in that time frame, and you'll then also invite them to the
June 14th meeting?
MS. LYBERG: Either your executive coordinators can
schedule them, or the last time we allowed them to reach out to your
executive coordinators and self-schedule based on your availability.
It's your pleasure.
CHAIRMAN McDANIEL: That's fine. Either way. It's
really immaterial to me. I'm okay with --
COMMISSIONER LoCASTRO: Amy, when the background
checks come, I would expect that that company's going to provide us
with a report. I mean, you're not just going to tell us "thumbs up,
everybody cleared." We're going to get some sort of report, all of us,
a copy of what they're going to provide you, right?
MS. LYBERG: The report is going to be available.
COMMISSIONER LoCASTRO: Yep.
MS. LYBERG: We were -- I was planning to actually, you
know, communicate with County Attorney's Office at that point with
the findings from each of those.
COMMISSIONER LoCASTRO: Okay. Well, I mean, I
would expect whatever is able to be released to us, which I would
think would be the majority, I mean, I'd like to see what was in the
report, because sometimes there can be things that -- yeah, they
cleared, but there was some things in there maybe were of concern of
something that, you know, our eyes might pick up on that. It helps
in the interview, you know, you see something in the report. So I
guess we'll wait to hear what you get back, but I know they usually
give back a pretty thick report, and I don't think it's classified.
MS. LYBERG: It's public record.
CHAIRMAN McDANIEL: It is public record. Sure. All
right. Is that sufficient direction for you to go forth?
MS. LYBERG: For the interviews, yes.
May 10, 2022
Page 190
And I think the second item that I wanted a decision on was in
regards to the cost for the interviews. So I think this first round, I
heard that they could either be in person or by phone, and if
they're -- for the ones that are out of state, they could
either -- participate virtually. So is there any desire to have them
here for their first round and pay for a first round or really wait for
the last round of interviews or to bring them here on the 14th to
consider payment of interview expenses?
COMMISSIONER LoCASTRO: I would say wait till the last
round. And my interview is for the people that aren't here, I'm going
to have my assistant request that they're on Zoom. I mean, I want to
see what they look like. I want to see -- you know, an image is
worth a thousand words, you know. You know, so -- and I think
that's probably what most of us mean, but maybe not. But I'll want
three Zoom interviews with the out-of-towners and three in-person
interviews with the locals, and then I think we only pay for
them -- because one of them might drop out. You know, that
happens. But I think that we just pay for the three out-of-towners
and not their families. We're not making this a vacation for their
wives and children and all that. They certainly can pay on their own,
but we're just paying for the person that we're trying to hire, would be
my proposal.
MS. LYBERG: Generally what we will pay for is interview
expenses. Under the County Manager's Agency, our policy, our
practice is to pay for candidates traveling for more than -- over
100 miles, which all of them would be, and if -- do you want to limit
any of the expenses? Normally that would be airfare, a rental
vehicle, or if they're driving, mileage reimbursement, hotel cost for a
specific number of nights, per diem for meals, and any other
incidental expenses that they might incur while they're here.
CHAIRMAN McDANIEL: You have an item in the agenda
May 10, 2022
Page 191
that says a cost not to exceed 10,000. Was that in aggregate for the
three candidates that would be traveling?
MS. LYBERG: Yes, sir, it was.
CHAIRMAN McDANIEL: I think that's sufficient to cover us,
if we get to that point. I mean, it certainly at this stage isn't the wish
of the Board to reduce the prospects of candidates at this stage, but
we might. So I think as long as we stay within the bounds of that, I
don't -- I'm okay with that being the limit to the expenditure.
MS. LYBERG: Very good.
CHAIRMAN McDANIEL: Yes? Commissioner Solis.
COMMISSIONER SOLIS: (Indicated thumbs up.)
MS. LYBERG: Thank you very much.
CHAIRMAN McDANIEL: Yes, ma'am.
Item #11B
THE CHAIRMAN TO SIGN TWO (2) SUBRECIPIENT
AGREEMENTS BETWEEN COLLIER COUNTY AND NAMI
COLLIER COUNTY, INC., IN THE AMOUNT OF $500,000 EACH
TO ASSIST IN OBTAINING SUITABLE HOUSING AND
FUNDING UNDER EMERGENCY RENTAL ASSISTANCE
PROGRAMS 1 AND 2 – MOTION TO APPROVED AS
PRESENTED – APPROVED
MS. PATTERSON: Commissioners, Item 11B is formerly
16D1. It's a recommendation to approve and authorize the Chairman
to sign two sub-recipient agreements between Collier County and
NAMI, Collier County, Inc., in the amount of $500,000 each to assist
in obtaining suitable housing and funding under Emergency Rental
Assistance Programs 1 and 2.
This item was moved at Commissioner McDaniel's request.
May 10, 2022
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CHAIRMAN McDANIEL: And Kristi's got her clip ready to
go.
MS. SONNTAG: Kristi Sonntag, Community and Human
Services director. I can have us go through a couple slides for you if
you'd like, or I can just answer your questions, whatever is your
pleasure.
CHAIRMAN McDANIEL: Well, I'm the one that pulled the
item, and I pulled the item because I received information yesterday
when I was visiting with staff as to who else we're dealing with with
regard to the distribution of these funds and didn't get what I felt was
a satisfactory answer.
And then we all got this copy of a letter, handwritten letter
by -- I think John is actually on the AHAC committee, and he named
several of the organizations that I have already had previous
experience with. And so I want it to be -- whoever's watching, I
want it to be known I have no issue with NAMI, Inc. This has
nothing to do with NAMI. This has to do with, first of all, the
expiration of 10 percent of the 500,000 going off for administrative
fees for an organization that's distributing funds that we have the
capacity to do ourselves, maybe, and that's $50,000 that isn't going
into the hands of some of those people that were here earlier,
potentially. It's not going -- it's only going to help the administrator
of NAMI that's getting paid 50,000 with their rent issue, not the
people and the citizens of Collier County, and that's what triggered
that thought process.
Then I asked if we had communicated with Salvation Army, no.
United Way, no. The Collier County Housing Authority who
administers TBRA, tenant-based rental assistance, within our
community and who oversees Section 8 housing in our community,
and the responses that I got were we hadn't been doing that.
And so that was the reason that I pulled this up. I don't -- if it's
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the wish of the Board to bequeath this 500,000 under these terms and
conditions to NAMI to get it -- to get it out, then so be it. But I want
to make sure that we're exhausting -- and this flies back into the
conversation that we had earlier. I want to make sure we're doing
everything we possibly can to get this federal funding into the hands
of the residents of our community that need it, that quick.
MS. SONNTAG: So to answer your question --
CHAIRMAN McDANIEL: Did I ask a question?
MS. SONNTAG: Well, I guess sort of.
CHAIRMAN McDANIEL: It sounded like a long statement.
MS. SONNTAG: We have had multiple partnerships since
CARES started all the way through the ERA and the American
Recovery. We've partnered with the Community Foundation to
administer our food program. We did that under CARES, and we've
done it under American Recovery.
We also initially partnered with the United Way. Back when
we started with CARES, they were able to assist us, and then they
subbed it through the Salvation Army. And currently the Salvation
Army is our partner on the eviction diversion program, and they don't
have the capacity to process applications, but they're very active in
helping find folks hotels and apartments and whatnot. So we are
partnering with those area agencies, and oftentimes capacity is an
issue.
The NAMI team actually goes out and finds hotels. They work
with landlords. They've done an exceptional job partnering with us.
So that administrative fee will assist with the hours they dedicate to
helping those folks. So if, in fact, they don't help anyone, they
wouldn't be paid any administrative cost. Does that make sense?
We reimburse them by the hours they work, so...
Does that answer your question?
CHAIRMAN McDANIEL: Yes.
May 10, 2022
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MS. SONNTAG: Okay.
COMMISSIONER LoCASTRO: Do we get pretty detailed
records from them? You know, often the county has paid people
like FGCU and some others that, you know, gave us sort of like, you
know, pretty thin reports. I mean, have we ever -- have they ever
replied back to us and said, oh, we actually didn't do anything in
these two weeks, so don't cut us a check?
MS. SONNTAG: Actually, we wouldn't pay them if they did
not submit us a time sheet, and they have to account for the
individuals they assisted. That's what the Collier County House
Authority does.
COMMISSIONER LoCASTRO: It's robust?
MS. SONNTAG: Yep. Oh, yeah. They have to say, like, I
spent two hours with Kristi Sonntag, or whomever it may be,
so -- and then we tie it back to a file.
COMMISSIONER LoCASTRO: Perfect.
CHAIRMAN McDANIEL: It was that with the Housing
Authority as well. Do we have public comment?
MR. MILLER: He's registered, sir, but I don't believe -- John
Harney.
CHAIRMAN McDANIEL: He left. He sent a note.
MR. MILLER: I just wanted to --
CHAIRMAN McDANIEL: If I might, since John signed up to
be a public speaker, I'm going to read his letter if you don't -- and I'll
give you a copy of it, but it -- and I liked it because it picked up some
of what I had pulled this agenda item for.
The county -- the County Housing Department could work with
social service agencies to help build a greater number of applications
for assistance. These agencies have already been identified as
interested in helping.
Salvation Army, St. Matt's, St. Vincent DePaul, the United Way,
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Greater Naples Leadership and others. These agencies could help to
make people aware of the program, present the facts, and dispel
myths about the program, encourage people to stick with the
application process to completion. These organizations are ready to
help now if -- and if the receipt of the education necessary is
qualified.
So I thank John for adding that to support the discussion that
we're having. I mean, I'm okay with moving this money over to
NAMI. As a matter of fact, I'll make the motion to approve this
agenda item as presented.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: Any other -- it's been moved and
seconded that we approve the agenda item as presented. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Yes, ma'am.
Item #15
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
MS. PATTERSON: Commissioners, that brings us to Item 15,
staff and commission general communications.
We have three items from the County Manager's Office to speak
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with you about. I'll turn it over to Dan for his first two.
MR. RODRIGUEZ: For the record, Dan Rodriguez, your
Deputy County Manager.
The first one is a minor item. Back at your joint workshop
agenda with the redevelopment agency, the Bayshore/Gateway CRA
Advisory Board, Commissioner Taylor recommended that the CRA
board meetings be held here in the boardroom for recording as well
as for an opportunity for the public to participate and whatnot.
There was a consensus by the Board. So there's a letter from
Commissioner Taylor making that request at the CRA that will be
delivered to them this evening.
CHAIRMAN McDANIEL: And that is my remembrance of the
consensus of the Board. Do we need to take an actual vote on that
today while we're in hearing or no? We're good with that?
(No response.)
MR. RODRIGUEZ: The other item I have for you is the joint
workshop with the City of Naples Council is in the planning stages.
June 7th is the planned date. Our staff has worked with your aides
and picked June 7th as the best date. There's one more
councilmember that will confirm, and that date will be solidified.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Do you have an agenda for
that yet?
MR. RODRIGUEZ: Yes. We'll be sending an agenda to your
aides for you to add to it. There's only one item on there currently,
and that's for the beach permits renewal.
CHAIRMAN McDANIEL: Very good.
MS. PATTERSON: The last item we have is regarding the
Southwest Florida Regional Resiliency Compact. Since the county
joined the compact back a couple of years ago, we've been working
diligently with our partners to find our way forward through this
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process. The compact was stood up without any kind of
management or organizational structure.
And so we have participated in one meeting of the compact.
Since that time, we've worked with Lee County and Charlotte County
to look at different ways to approach this to facilitate the compact and
make it successful, and have come to the conclusion at this time that
the counties need to work together on not only our own activities but
those that would benefit us regionally as well as some of the new
requirements that are being handed down by the state.
Once we are organized and understand what each has done, is
doing, and wants to do, we believe that's the proper time, then, to
look at the organizational structure of the compact and join with our
partners in the municipalities and continue those conversations at the
compact level.
So we're requesting, similar to Lee County, that we not
participate in the next compact meeting. I spoke with Lee County
again yesterday, and they reconfirmed that they will not be
participating in the upcoming compact meeting, but they are going to
have a staff member there to observe. So we show that we're not
withdrawing from the compact, we're simply getting our house in
order so that we are prepared, then, to work on this regional
partnership and would like a similar nod from this board to follow the
same model as Lee County.
CHAIRMAN McDANIEL: Which one are you volunteering to
be our staffer to be there?
MS. PATTERSON: At this time I think that we may be
looking to have somebody out of the Comprehensive Planning group
or Planning group in Bosi's shop participate only because it's likely
that many of these efforts will end up over in Growth
Management/Community Development as we move forward into our
resilience activities. But if we can reserve that based on their
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availability.
CHAIRMAN McDANIEL: Trinity's pointing at Jamie.
MS. PATTERSON: Oh, Trinity raised her hand.
Thanks, Trinity.
CHAIRMAN McDANIEL: Yeah, Trinity.
COMMISSIONER SAUNDERS: She raised both hands.
She's doubly interested in it.
CHAIRMAN McDANIEL: So I agree with the statement to
make sure we have a staff person there just so we can see what's, in
fact, going on, number one. And I don't think we should participate
until the organizational structure is there. I want to share with my
board -- I'll share it under commissioner comments. It has -- it flies
in that line.
COMMISSIONER SAUNDERS: I agree with the request of
the County Manager in terms of our slowing down our participation.
CHAIRMAN McDANIEL: Yes, agreed.
MS. PATTERSON: Thank you. That's all we have.
CHAIRMAN McDANIEL: County Attorney?
MR. KLATZKOW: Nothing, sir, thank you.
CHAIRMAN McDANIEL: Okay. Commissioner Solis.
COMMISSIONER SOLIS: Just one item I thought I would
bring up. I mean, I hope that -- and it has to do with our former
county manager. You know, I don't know how we could do this, but
I hope that there is some communication process, you know, that
hopefully we can have some communication open with Mark.
I think that, you know, he was the County Manager during our
very difficult time which specifically impacted him in a
life-threatening way. And I hope that we can keep some
communication open even though he resigned abruptly and, you
know, do the right thing.
That's all I've got.
May 10, 2022
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CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Just three quick things.
The rock crushing lot, Santa Barbara and Davis. So I was out
there last Friday, did a 360 tour just on my own to take a look at it,
and it's starting to look -- it's not being well-maintained. I shared
that with Mr. French and Ms. Scott. A lot of weeds. The silt fence
is starting to fall down in a lot of different places. And even though,
you know, the work there is frozen, it still needs to be maintained.
So I just thought for my colleagues and just to get it on the record,
I'm not oblivious to what's going on out there. We're going to force
their hand to keep that lot shipshape.
And then I asked Mr. French to send me an update, which I don't
know if I got it yet, Jamie. I didn't see it. But give me the latest so
I can -- and you might want to just put all the commissioners on there
or share it with them separately. But all of us having knowledge. It
doesn't really matter what district it's in, I think we all sort of have
gotten notes. It was in 3. Now it's in 1. But giving us the latest on
the state, the county, legally where things are so we can speak with
eloquence to citizens and not just sound like, oh, it's tied up in legal
channels.
But regardless of where it is, we had a strong conversation about
holding that landowner accountable, that whether they're doing work
or not, the fence has to be up, the weeds have to be pulled, and it
needs to not look like it's abandoned because it's held up in, you
know, legal channels right now.
The second thing I just wanted to mention was sidewalks. You
know, we approved today some Pelican Bay sidewalk improvements
for, you know, almost $7 million, which is great. But there's a lot of
areas of Collier County that have no sidewalks. So, you know, while
we're fixing cracks in the wealthy neighborhood of Pelican Bay, you
know, I really would like to hear from the staff. And maybe that's
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you, Trinity and Jamie, to come by and talk with me about
specifically District 1, but maybe all the commissioners would have
interest. And, you know, where there are places that don't have
sidewalks could. You know, there's several places that would love
to have sidewalks and can't because of the way that the setbacks are
and easements and whatnot.
But, you know, while we're maintaining sidewalks that already
exist in beautiful neighborhoods, there's a lot of neighborhoods that
have never had sidewalks.
Same thing goes with playground. You know, we've spent
millions of dollars upgrading playgrounds in my district, per se.
That was approved long before I took office. You know, putting
gold plating on bocce ball courts that the county paid for, yet we've
got neighborhoods all over East Naples that have never even had a
county-built playground. That doesn't mean we just throw them up
willy-nilly, but it's taxpayer dollars being utilized.
But in the case of sidewalks, there might be -- I know there are
quite a few places that could benefit from it.
And then, lastly, I asked the county staff in a meeting yesterday
about what happened to the Army Corps of Engineer report.
Remember that? Remember that was, like, a four-letter word and,
oh, my God, they are recommending a trillion dollars’ worth of walls,
and there was so much communication?
So just in a nutshell, the report didn't go away. I'll reiterate that
I've worked with the Army Corps a lot in my former life. They only
make recommendations. They don't tell you to do anything. They
don't fund anything. But if you don't accept their report, your chance
of getting federal dollars for anything is zero. But, you know, Amy
had the best update on it.
In fact, so I don't mix words, I think we should all know the
latest. Just give us the short version of what you told me that, you
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know, it will come to us sooner than later.
MS. PATTERSON: Sure. Thank you, Commissioner.
We actually will be scheduling time with each one of you to
discuss the Army Corps. They have reevaluated their plan. As you
know, we had a pretty elaborate plan this time last year involving
flood walls and flood gates and improvements that ran across, besides
the -- some of the public opposition, some issues with the
environmental agencies as well as the cost benefit. The Corps has
gone back and relooked at it and has come up with our options,
actually, but one that they're focused on. It's really much less
impactful and more where we started from related to the beaches.
But we will come to see each of the commissioners individually.
We will lay out what the Corps' proposing, their time frames, what
they're asking for, what they're looking for, and then also talk about a
public communication plan. We have a lot of interested parties on
this matter, citizens, as well as our municipalities that are our
partners. So we look forward to speaking with you and then laying
out how we roll this out, if appropriate, to the public for further input.
COMMISSIONER LoCASTRO: And then, there again, they
recommend, we decide. And sometimes there's a lot of outlandish
things in there, and it's really sort of to cover themselves.
Sometimes they do look at a problem, and their recommendations
are, if money was no object, here's how you could fix that problem.
Our job it so say, well, money is a big object. So the trillion-dollar
wall not only is unsightly, but the juice isn't worth the squeeze.
But I think the feedback we've given them is help us package
something that actually would be more useful. I mean, in some
communities, they do get crazy and outlandish. Here it created a lot
of turmoil because of miscommunication.
So I think we helped get them on track, and I think this report's
going to have some things that we will never do but more things, it
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sounds like, that will be worthy of us taking a look at rather than just
this A to Z, you know, all the crazy, wild, outlandish things. So I'm
glad to hear that that one's still cooking.
MS. PATTERSON: Correct. Right now they will come to us
even just to work on our partnership if it's something that we're even
interested in before they roll into gathering any information,
preparing any reports. So we're at the very, very beginning of this
process. But one of the most important things that we've
emphasized to the Corps is the communication, understanding that a
federal process is much, much different than a local process. We
still have to have a plan that's more effective than the one that we
used last time to be able to communicate with our community and
with our other municipal partners.
COMMISSIONER LoCASTRO: Thank you.
MR. FRENCH: Commissioner, very quickly. For the record,
Jamie French, your department head for Growth
Management/Community Development.
I did send you an email last night, but Jaime Cook can speak a
little bit more about it. If you'd like us to forward that onto the other
commissioners as a formal one-way communication, we would.
But to touch on the code enforcement issues, we were on site
this morning. I did receive communication from our Code
Enforcement director, Mike Ossorio. The silt fence was sagging in
three areas, but there was no silt escaping, and Mr. Ossorio assures
me that the weeds have been abated.
COMMISSIONER LoCASTRO: Okay.
MR. FRENCH: So that's been taken care of.
But Ms. Cook can give you --
COMMISSIONER LoCASTRO: Did they fix the sag, or the
sag is acceptable? Because I just think it looks -- it looks sloppy.
And then to the takeaway from citizens who know that this thing's
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held up in legal litigation, it makes it look like, oh, now they're not
doing anything. You know, we made them put up a silt fence, sort
of later in the game, and you're right, you know, maybe I used a
stronger term, but it was sagging significantly, and it would be nice
if, you know -- and rather than -- I mean, we have our own people
that can fix a sagging fence. So rather than, you know, task a
company to do it and three weeks later they fix the sags, somebody
go out there with a hammer and bang in the stakes or, you know,
Commissioner Saunders and I will do it just to keep the citizens off
our backs.
COMMISSIONER SAUNDERS: I'll meet you there in a half
hour.
COMMISSIONER LoCASTRO: Yeah. You know what, I
mean -- and we're not kidding, because we want to show that, you
know, we're at least maintaining the appearance.
MR. FRENCH: Sure. And Ms. Cook can address that, but she
does have an inspector by there on a daily basis.
COMMISSIONER LoCASTRO: Okay.
MS. COOK: Good afternoon. Jaime Cook, your director of
Development Review.
So to address your code enforcement issue, my inspector that
was out of there this morning did talk to the contractors and asked
them to secure it, so it should be fixed fairly soon.
COMMISSIONER LoCASTRO: And the weeds that I was
talking about, too, are on the outside of the fence. So, I mean,
anything on the inside that's invisible, okay, so be it. But as people
drive by -- that's a very visible area -- we want it to look well kept
even though it's frozen right now when it comes to works. Okay.
And if they're going out there on a daily basis, you know, the
weeds I saw were this tall (indicating). So tell them, you know,
when the weeds get six inches or higher, the commissioners shouldn't
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be the ones reporting that or citizens. Let's make sure we're taking
care of that.
MS. COOK: Absolutely.
COMMISSIONER LoCASTRO: So thank you.
MS. COOK: Yes. Did you have other questions about the site
itself and the process?
COMMISSIONER LoCASTRO: No, I'll look for your email,
you know, and there's some legal things that maybe are more for me
because now it's in my district. But really to send it to the other
commissioners for info. They can always, you know, throw it in
their trash if they don't think they need it. But I think we're all sort
on a lot of those emails, and even just to have situational awareness
of the difference between, you know, rumor and fact. Because
what's happening on that lot is a little more complicated than just
why isn't the county doing anything. And so that's why I asked both
of you to put something together so I didn't look at the -- I didn't see
my email last night. I'll take a look at it, and it might be worth
sending to the other commissioners just for FYI.
MS. COOK: Absolutely. And if any of you have questions
after you see it, feel free to reach out at any time.
COMMISSIONER LoCASTRO: Thank you, ma'am.
MS. COOK: Thank you.
CHAIRMAN McDANIEL: You all good?
Commissioner Saunders.
COMMISSIONER SAUNDERS: I do have a couple quick
items.
At our CRA workshop, there was discussion brought up, I think,
by Karen Beatty concerning organic fertilizer. And the thought
was -- and I don't know if we use organic fertilizer or even really
what that means. But it sounded like an interesting concept for all of
our medians and all of our county-owned property.
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So I just would like to see staff kind of take a look at that, and
maybe that's something we can do, and maybe that will prompt other
property owners to do the same if there's a benefit, because I suspect
there will be a bit of a cost associated with it. But if there's a benefit
to the environment, gets less nitrogen into the waterways and that sort
of thing, it may be worth our doing something like that just to set the
standard.
Secondly -- and we may be dealing with this. Our CAT buses, I
think, run on natural gas, and we're getting into our budget process,
and I'm wondering if we might start looking at our carbon footprint
and how we can get to zero carbon at some point in time in the
not-too-distant future in all of our operations. I think that that
would -- if we are able to do something in that regard, I think that
will help at least send a message that we're concerned about sea level
rise and climate change. So I don't know if we're doing anything in
reference to zero carbon emissions, I don't know if you have any
information on that.
MR. RODRIGUEZ: If I may, Commissioner. You do have a
robust CNG program with your Pubic Utilities, your Solid Waste
program. The collection vehicles, I believe you have over 50-some
waste collection vehicles that run on CNG. You also have your
gas-to-energy facility at the landfill that takes that --
CHAIRMAN McDANIEL: Say what CNG stands for.
MR. RODRIGUEZ: Compressed natural gas, absolutely.
And actually I met, as a matter of fact, last week with Waste
Management leadership, and they would consider putting a public
CNG fueling station on Exchange Avenue. They're also looking at
the potential of coming back to the county and converting some of
the landfill gas to compressed natural gas for vehicles as well.
COMMISSIONER SAUNDERS: Well, maybe in a future
meeting, as we're dealing with budgets, we can see if there's other
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things that we can do to get to zero carbon.
MS. PATTERSON: Certainly. We can also speak with our
Fleet Management. I know recently Ed Finn received -- he has an
electrical vehicle over there. So obviously there's appropriate uses
and ones maybe it isn't such a good fit, but we'll get back with you
with more information.
COMMISSIONER SAUNDERS: That's all, Mr. Chairman.
CHAIRMAN McDANIEL: Okay. I have two, one of which
is -- since we're talking about affordable housing, how do you feel
about having a workshop on affordable housing and bringing in all of
the parties, agencies that help people, property owners, landlords, all
that sort of thing to brainstorm? How do you feel?
COMMISSIONER SAUNDERS: I think -- if you're looking in
this direction, I think it's a good idea to have a workshop, but I think
we're probably going to be looking at the fall, and I'll explain why. I
went ahead and checked our record. We did have -- and it's been
about six or eight months ago -- or maybe it was in February, so it
wasn't maybe that long ago, but we had quite a long discussion on
workforce housing and affordable housing. We made some policy
decisions there.
We had really, I think, most of the players in that arena here, or
interest groups in that. I think it's a good idea, but I don't want to
rush it. I think if we tried to do something in the next 30 days or so,
it would be more of a knee-jerk reaction as opposed to something
that's well planned. So I think it's a good idea. I just think timing is
an important thing for us to discuss.
CHAIRMAN McDANIEL: Well -- and I respectfully disagree
with the timing aspect of it. I don't -- I don't think it's -- I don't think
it's knee jerk by any stretch. This isn't new for us as a board.
We heard from a segment of our community today talking to us
about the 60-day notice ordinance that was brought before us. But
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we didn't hear from landlords. We didn't hear from the real estate
industry. There's a myriad of people out there that we haven't heard
from, the agencies that are dealing with our -- and I was just -- and
it's not something we have to do next week. I would like -- from a
timing standpoint, I'd like to try to get it done before we take our
summer break, if we do take our summer break.
COMMISSIONER LoCASTRO: And I'll add this: Based on
our homework assignment for Kristi Sonntag, she already sent out an
invitation for an emergency AHAC meeting but to include a lot more
organizations. I think in two weeks when she comes here and gives
a report to make the 60-day rental ordinance better, tighter, different,
and then lots of other suggestions that she's going to have from that
meeting, that would be a -- and even during this emergency meeting I
can task her to say, what do you think about a workshop? I mean, all
the right people are going to be there.
CHAIRMAN McDANIEL: Right.
COMMISSIONER LoCASTRO: And I think the meeting -- I
forget what date she put on there, but I just saw the invitation telling
everybody that we're going to have an emergency meeting.
CHAIRMAN McDANIEL: We don't have to make this
decision today. It's just something I've been mulling over in my
brain hearing from a lot of people with different ideas and different
perspectives. So I just -- and maybe we don't need to have a
workshop if the efficacy of the emergency AHAC committee meeting
actually transpires and Kristi comes back with some -- I think -- my
perception of what transpired today on the 60-day ordinance or
60-day notice ordinance, we're looking for relevancy, we're looking
to do something that is going to have a positive effect in our
community and try to help the people. And I think communication
is nine-tenths of the law there.
So that was the rationale for the workshop, so -- but -- we'll set
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that aside till our next meeting. You -- do you know when the date
is for the emergency meeting?
COMMISSIONER LoCASTRO: I just saw that she just sent
something out here. And I'll make sure that at that meeting -- let's
see. She says Monday, May 16th, so this coming Monday.
CHAIRMAN McDANIEL: Okay. So that's coming up very
quick. It will certainly be before our next board meeting, and then
we'll have another discussion about a workshop before our summer
break, then.
The other topic I wanted to share -- whoop, there she is -- speak
of -- I don't want to call her the devil.
MS. SONNTAG: Sorry. Kristi Sonntag, Community Human
Services Director. The meeting is Monday at 8:30. We're going to
send out the notice this afternoon. It will be published, and then
we're also reaching out to the apartment association, NABOR, and a
variety of different organizations to attend. So it will be a quasi
AHAC meeting. Folks will have more than three minutes to speak.
So any other questions?
CHAIRMAN McDANIEL: No. Thank you.
MS. SONNTAG: You're welcome.
CHAIRMAN McDANIEL: Thank you for jumping back in.
The other little thing I wanted to share with you is I met with
some success with the RPC last month, moved them to monthly
meetings, presented a draft set of bylaws, constitutional adjustments
so on and so forth. I met with a direct "no" from Lee County. Lee
County hates the idea. They -- now, the misnomer, the
misconception that actually came from Cecil's letter -- Cecil
Pendergrass is the chairman this year.
And the misnomer that he stated in his letter -- and I don't know
if you folks got a copy of that or not. I did. But there was a
discussion about the fee, the per diem fee. There used to be a 30, 35
May 10, 2022
Page 209
cents per diem fee with the RPC. Then we all figured out we didn't
have to pay that. Statutorily, we have to be a member of an RPC.
Lee County has movement afoot to the legislature in the
upcoming session to allow counties to depart their membership from
the RPCs individually and has asked us to join in that effort.
I'm a little concerned with that thought process only from
a -- well, from a multitude of standpoints. But, predominantly, we
have a legal body called the RPC. It is legally constituted. It is
there. It has its bounds. It has its things that it can and cannot do.
It's a perfect place for us to insert this compact discussion on climate
change and sea level rise and the commonalities of the communities
up in the Southwest Florida Regional Planning Council. It's a
perfect place for us to have the discussions on the -- you know, my
bright idea that got shot down, again by Lee County. I don't know
what's up with them. But, about the regional discussion on our
metropolitan transportation systems mutually working together
between Lee and Charlotte to move our people through.
So I'm not going to quit, but I ran into a pretty serious roadblock
there with Lee County. They're not interested in -- I had actually
even set it up for the invitation, once they got their legal counsel's
review of the bylaws and the new constitution, to reduce the per diem
from 30 cents to 15 cents and then split it up on a quarterly basis so
that you were only making a payment every three months to
determine whether or not your taxpayers were receiving value for that
expense and then make another payment and so on. And the only
loss you incurred if you chose that your taxpayers weren't receiving
value for that expense, you just weren't allowed to vote at the RPC,
but you still maintained your membership per statute.
So that's just a little update. I still haven't heard back. I have
volunteered to go to the boards of -- and I'll bring it to our board
next -- at our next meeting with regard to bylaws and the -- the
May 10, 2022
Page 210
constitution and the bylaws for the RPC. I'll bring it here for your
approval, for our lawyer's review as well, and then I'll go to Charlotte
County, Sarasota County, Hendry, and Glades on behalf of the RPC,
so...
COMMISSIONER LoCASTRO: Well, like I was telling you,
I'd be happy to tag along.
CHAIRMAN McDANIEL: Sure. Sure. So -- and with that, I
believe we are done. See you in two weeks.
*****
****Commissioner Taylor moved, seconded by Commissioner
LoCastro and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted****
Item #16A1
RELEASE A PERFORMANCE BOND IN THE AMOUNT OF
$134,060 WHICH WAS POSTED AS A DEVELOPMENT
GUARANTY FOR AN EARLY WORK AUTHORIZATION
(EWA) (PL20210003120) FOR WORK ASSOCIATED WITH
SHADOWWOOD – PLAT ONE
Item #16A2
RECOGNIZE AND APPROPRIATE REVENUE WITHIN ROAD
CONSTRUCTION FUND (313), PROJECT 60172, IN THE
AMOUNT OF $60,865 FOR FISCAL YEAR 2022, AND
AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS
Item #16A3
May 10, 2022
Page 211
AMENDMENT NO. 1 TO FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC) GRANT AGREEMENT
NO. 21222 UNDER THE BULK DERELICT VESSEL REMOVAL
PROGRAM, EXTENDING THE EXPIRATION DATE TO JULY
29, 2022
Item #16A4
RESOLUTION 2022-79: A LOCAL AGENCY PROGRAM
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION, REIMBURSING THE COUNTY UP TO
$467,424 FOR THE CONSTRUCTION OF BIKE LANE AND
SHOULDER IMPROVEMENTS ALONG 111TH AVENUE
NORTH FROM THE BLUEBILL AVENUE BRIDGE TO 7TH
STREET NORTH, AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENT
Item #16A5
RESOLUTION 2022-80: EXECUTE TWO CORRECTED
BEAUTIFICATION GRANTS (NOS. G2179 AND G2178) AND A
CORRECTED LOCAL AGENCY PROGRAM AGREEMENT (FPN
446323-1-58-01) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO REMEDY SCRIVENER’S ERRORS
Item #16A6
AN INCREASE IN THE PURCHASE ORDER FOR CARLTON
FIELDS, P.A. TO PAY FINAL EXPENSES RESULTING FROM
THE DISPUTE RESOLUTION PROCESS THAT CULMINATED
May 10, 2022
Page 212
IN THE BOARD APPROVED SETTLEMENT BETWEEN WPM-
SOUTHERN, LLC, THE CITY OF NAPLES, FLORIDA, Q.
GRADY MINOR & ASSOCIATES, P.A., AND COLLIER
COUNTY – IN THE AMOUNT OF $17,000
Item#16B1
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
TERMINATION AND RELEASE OF A TEMPORARY
CONSTRUCTION EASEMENT ACQUIRED FOR THE WATER
FACILITIES CONSTRUCTION IN THE CASE ENTITLED
COLLIER COUNTY V. AMERISITE LLC
Item #16C2 – Continued to the May 24, 2022 BCC Meeting (Per
Agenda Change Sheet)
RECOMMENDATION TO TERMINATE FOR CONVENIENCE
AGREEMENT NO. 18-7471, “PURCHASE AND INSTALLATION
OF FLOOR COVERING,” WITH WAYNE WILES FLOOR
May 10, 2022
Page 213
COVERINGS, INC., AND TAMPA CONTRACT FLOORS,
INC.
Item #16C3
THE SELECTION COMMITTEE’S FINAL RANKING AND
AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS
WITH THE TOP-RANKED FIRM, CHRIS-TEL COMPANY OF
SOUTHWEST FLORIDA INC., D/B/A CHRIS -TEL
CONSTRUCTION, RELATED TO REQUEST FOR PROPOSAL
(“RFP”) NO. 22-7951 FOR COURTHOUSE “CONSTRUCTION
MANAGER AT RISK FOR MULTI-PROJECT EXECUTION.”
Item #16C4
AWARD REQUEST FOR PROPOSAL (“RFP”) #21-7883-ST
“CONSTRUCTION MANAGER AT RISK (CMAR)” TO O-A-
K/FLORIDA, INC. DBA OWEN-AMES-KIMBALL COMPANY,
FOR PRE-CONSTRUCTION SERVICES FOR THE MAIN
CAMPUS UPGRADES (MCU) IN THE AMOUNT OF $70,595,
AND A FEE OF FIVE PERCENT (5%) OF THE TO BE
DETERMINED GUARANTEED MAXIMUM PRICE (“GMP”)
FOR CONSTRUCTION SERVICES. FUND (318), PROJECTS
50214 AND 50189
Item #16C5
AMENDMENT NO. 17 TO THE AGREEMENT WITH COLLIER
COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER
EDUCATION PROGRAM EXTENDING THE EXISTING
DRIVER’S EDUCATION FUNDING COLLECTED UNDER THE
May 10, 2022
Page 214
DORI SLOSBERG DRIVER EDUCATION ORDINANCE FOR AN
ADDITIONAL YEAR
Item #16C6
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE
TAKE WHATEVER ACTION IS NECESSARY TO CONVEY THE
6.38 ACRE “LAKE EXPANSION PARCEL” (TRACT RL-2)
LOCATED ABUTTING THE COUNTY’S SPORTS COMPLEX
AND SPECIAL EVENTS CENTER (N/K/A AS THE “PARADISE
COAST SPORTS COMPLEX”) TO THE CITY GATE
COMMUNITY DEVELOPMENT DISTRICT, AS ALLOWED BY
THE BOARD APPROVED CONTRIBUTION AGREEMENT
Item #16D1 – Moved to item #11B (Per Agenda Change Sheet)
Item #16D2
THE CHAIRMAN TO SIGN TWO (2) MORTGAGE
SATISFACTIONS FOR THE STATE HOUSING INITIATIVES
PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF
$30,000 AND APPROVE THE ASSOCIATED BUDGET
AMENDMENT TO APPROPRIATE REPAYMENT AMOUNT
TOTALING $30,000
Item #16D3
AN “AFTER-THE-FACT” FIRST AMENDMENT AND
ATTESTATION STATEMENT WITH THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., AND TO
TRANSFER FUNDS FROM THE OLDER AMERICAN ACT
May 10, 2022
Page 215
PROGRAM IIIB TRANSPORTATION SERVICES TO IIIB
SERVICES AND FROM IIIE SERVICES TO TITLE IIIES
SUPPLEMENTAL SERVICES
Item #16D4
ACCEPT AND APPROPRIATE A DONATION OF $175 FROM
THE MYLES STANDISH COLONY SOCIETY OF MAYFLOWER
DESCENDANTS TO SUPPORT THE COLLIER COUNTY
PUBLIC LIBRARY’S GENEALOGY PROGRAM AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
Item #16D5
THE “AFTER-THE-FACT” SUBMITTAL OF A GRANT
APPLICATION FOR YEAR 2 OF THE CENTERS FOR DISEASE
CONTROL COMMUNITY HEALTH WORKERS FOR COVID-19
RESPONSE FOR RESILIENT COMMUNITIES PROGRAM, IN
THE AMOUNT OF $421,744
Item #16D6
EXPENDITURES ON EXEMPTIONS TO THE FORMAL
COMPETITIVE PROCESS FOR UP TO $500,000 FOR OFF-SITE
VETERINARY MEDICAL SERVICES
Item #16D7
AUTHORIZING SIX (6) FULL-TIME EQUIVALENT (FTE)
TIME-LIMITED POSITIONS IN THE PUBLIC SERVICE
DEPARTMENT, COMMUNITY & HUMAN SERVICES
May 10, 2022
Page 216
DIVISION, DUE TO EXPANDED GRANT HOUSING
ASSISTANCE PROGRAMS AND AFFORDABLE HOUSING
INITIATIVES
Item #16D8
A BUDGET AMENDMENT IN THE AMOUNT OF $582,273 TO
RECOGNIZE THE INCREASE IN REVENUE GENERATED BY
THE NEW PARKS AND RECREATION FEE STRUCTURE AND
TO INCREASE GENERAL FUND (001) BEACH AND WATER
REVENUES TO FUND PARKS ONGOING MAINTENANCE
AND OPERATING COSTS
Item #16E1
RATIFY PROPERTY, CASUALTY, WORKERS’
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15
FOR THE SECOND QUARTER OF FY22
Item #16E2
AN ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E3
ADMINISTRATIVE REPORTS PREPARED BY THE
May 10, 2022
Page 217
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16F1
RESOLUYION 2022-81: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FY21-22 ADOPTED BUDGET
Item #16F2 – Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONER’S APPROVE THE COUNTY MANAGER’S
EARLY DEPARTURE FROM FULL-TIME SERVICE TO THE
BOARD AND AGENCY AS WELL AS THE MANAGER’S
DESIRE TO REMAIN ON THE PAYROLL UTILIZING
CONTRACTUAL LEAVE TO HIS PLANNED JULY 1
RETIREMENT
Item #16G1
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 COLLIER COUNTY AIRPORT
AUTHORITY LEASEHOLD AGREEMENT FOR HANGAR
CONSTRUCTION WITH COLLIER MOSQUITO CONTROL
May 10, 2022
Page 218
DISTRICT FOR THE CONSTRUCTION OF HANGARS AT THE
IMMOKALEE REGIONAL AIRPORT
Item #16J1
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 APRIL 14, 2022 AND APRIL 27,
2022 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J2
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF MAY 4, 2022
Item #16K1
RESOLUTION 2022-82: REAPPOINTING KAREN BEATTY,
JOHN STEVEN RIGSBEE AND ALLEN SCHANTZEN TO THE
BAYSHORE/GATEWAY TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD
Item #16K2
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $133,000 PLUS $47,703 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS, FOR THE TAKING OF PARCEL
1101FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
May 10, 2022
Page 219
EXTENSION PROJECT NO. 60168
Item #16K3
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $117,000 PLUS $38,722 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS, FOR THE TAKING OF PARCEL
1103FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K4
AN INTERLOCAL AGREEMENT WITH THE COLLIER
COUNTY TAX COLLECTOR FOR RETENTION OF AN
ADMINISTRATIVE COST OF 2% OF THE TOURIST
DEVELOPMENT TAXES COLLECTED
Item #16K5
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $1,500,000 PLUS $246,075 IN STATUTORY ATTORNEY
AND EXPERTS’ FEES AND COSTS, FOR THE TAKING OF
PARCELS 113POND, 113TDRE, 129FEE1, 129FEE2 AND
327FEE, REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K6
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$125,500 PLUS $45,939 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
May 10, 2022
Page 220
1214FEE PLUS AN AMOUNT NOT TO EXCEED $5,000 FOR
STATUTORY SUPPLEMENTAL ATTORNEYS’ FEES,
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K7
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$805,000 PLUS $122,330 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
138FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K8
A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED
JOHN C. SCHILLER, III V. COLLIER COUNTY BOARD OF
COMMISSIONERS, (CASE NO. 19-CA-3155), NOW PENDING
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $20,000
Item #17A – Moved to Item #9C (Per Agenda Change Sheet)
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PROPOSING EVALUATION AND APPRAISAL REVIEW (EAR)
BASED AMENDMENTS TO ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING
May 10, 2022
Page 221
THE CONSERVATION AND COASTAL MANAGEMENT
ELEMENT TO ADDRESS SEA LEVEL RISE, AND UPDATE
NOMENCLATURE, AND FURTHERMORE, DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. [PL20210001271]
Item #17B
ORDINANCE 2022-16: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 2009-65, AS AMENDED, THE
SIENA LAKES CCRC COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) BY INCREASING THE MAXIMUM
SQUARE FEET FROM 878,889 TO 886,794 TO ALLOW THE
REMAINING 33,127 SQUARE FEET OF DEVELOPMENT ON
THE TRACT WEST OF SIENA LAKES DRIVE BASED ON A
MAXIMUM FLOOR AREA RATIO OF 0.58 OVER THE ENTIRE
35.10 ACRE SITE, RATHER THAN A FLOOR AREA RATIO OF
0.45 ON THE WESTERN 5.85 ACRES AND A FLOOR AREA
RATIO OF 0.60 ON THE EASTERN 29.24 ACRES; BY
REVISING THE MASTER PLANS AND DEVELOPMENT
COMMITMENTS, AND PROVIDING AN EFFECTIVE DATE.
THE SUBJECT PROPERTY, CONSISTING OF 35.10± ACRES, IS
LOCATED ON THE NORTH SIDE OF ORANGE BLOSSOM
DRIVE AND AIRPORT-PULLING ROAD IN SECTION 1,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA. (PL202100000893)
Item #17C – Moved to Item #9D (Per Commissioner Saunders during
May 10, 2022
Agendas Changes)
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:33 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DIS DER ITS CONTROL
6.d•
WILLIA . McDANIEL, JR., CHAIRMAN
ATTEST:
CRYSTAL K. KINZEL, CLERK
Lt, : J(
Attest as to o'a
signature'on1y.
These minutes app ved by the Board on J(1pi..Q I Lit it) ZZ ,
presented resented 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 222