BCC Minutes 06/14/2022 RJune 14, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 14, 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
Daniel Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
June 14, 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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June 14, 2022
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor Tim Reed of Fairway Bible Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary Agenda as amended (ex
parte disclosure provided by Commission members for consent agenda.)
B. May 10, 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
1) Recommendation to recognize Jon Hood, in the Wastewater Division,
as the May 2022 Employee of the Month. (All Districts)
4. PROCLAMATIONS
A. Proclamation designating June 19, 2022, as Juneteenth Day in Collier
County. To be accepted by Vincent Keeys, Diann Keeys, Frank Walker,
Irene Williams, Dr. Oliver Phipps, and Dr. John Newton.
B. Proclamation recognizing PetPeople as recipient of the Waste Reduction
Awards Program, for contributing to the greater good of Collier County by
advocating the "Reduce, Reuse, Recycle" message, thereby helping to
prolong the usable life of the Collier County Landfill. To be accepted by
Dawn Snyder and Amanda Plotts.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for June 2022 to
Dragon Horse Agency. The award will be accepted by Julie W. Koester,
Co- Founder and President, Dragon Horse Media, and Patrick Blake Renda,
Co-Founder and Chief Strategy Officer, Dragon Horse Media. Also present
is Michael Dalby, President, The Greater Naples Chamber of Commerce.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This Item continued from May 24, 2022, BCC Meeting. 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 amending Ordinance
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Number 08-41, the First Assembly Ministries Education & Rehabilitation
Campus MPUD, as amended, to change the name of the MPUD to Collier
Boulevard Lord’s Way MPUD; to remove the daycare use and allow the
church use as an interim use for up to 5 years; to increase the number of
dwelling units from 306 units to 690 units with 76 affordable housing units;
and to reallocate the uses, revise the development standards and the PUD
master plan for the PUD property consisting of 69± acres located on the
northeast corner of the intersection of Collier Blvd. (C.R. 951) and Hacienda
Lakes Parkway, formerly Lord’s Way, in Section 14, Township 50 South,
Range 26 East, Collier County, Florida; and by providing an effective date.
[Petition Number PL20200000114]. (This is a companion Item to #9B.)
(District 1)
B. This Item continued from May 24, 2022, BCC Meeting. An Ordinance of
the Board of County Commissioners amending Ordinance 89-05, as
amended, the Collier County Growth Management Plan, specifically
amending the Future Land Use Element and maps to change the Mixed Use
District, Collier Boulevard Community Facility Subdistrict; to increase the
maximum dwelling units from 306 to 690 with some affordable housing; to
remove childcare facilities as an allowed use and allow the church to
continue as an interim use for up to 5 years, and furthermore directing
transmittal of the adoption amendment to the Florida Department of
Economic Opportunity. The subject property is located at the northeast
corner of the intersection of Collier Boulevard and Hacienda Lakes
Parkway, formerly known as Lord’s Way, in Section 14, Township 50
South, Range 26 East, consisting of 69± acres. (This is a companion item to
#9A) (Adoption Hearing) (District 1)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to hear a summary report on the actions of the Florida
Legislature regarding SB 2-D, relating to property insurance reforms aimed
to alleviate rising property insurance costs, increase claim transparency, and
to provide an assistance program to harden homes against storms.
(Sponsored by Commissioner McDaniel) (All Districts)
B. This Item to be heard no sooner than 1:00 P.M. Recommendation that
the Board of County Commissioners hear presentations from candidates for
the position of County Manager and provide any additional guidance.
(All Districts)
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11. COUNTY MANAGER'S REPORT
A. Recommendation to award Invitation to Bid (“ITB”) No. 22-7950, to
Quality Enterprises USA, Inc., in the amount of $1,170,674.75, and
authorize the Chairman to sign the attached Agreement for the Pelican Bay
Boulevard Sewer Replacement. (Sewer Capital Fund (414), (Project No.
70240) (Matthew McLean, Director Public Utilities Engineering) (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
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. Consent Agenda - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Randall at Orangetree
(Application Number PL20210002196), approval of the standard form
Construction and Maintenance Agreement, and approval of the
performance security in the amount of $5,402,069.86. (District 5)
2) Recommendation to approve final acceptance of the sewer facilities
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and accept the conveyance of the sewer facilities for Cay Lagoon -
Offsite Sewer Facilities PL20220000084. (District 2)
3) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water and sewer utility facilities for City Gate Commerce Park
Phase Three, PL20210002242. (District 3)
4) Recommendation to approve final acceptance of the potable water
facilities and accept the conveyance of the potable water facilities for
Collier County Sports Complex and Events Center, PL20210003080.
(District 3)
5) Recommendation to approve final acceptance of the sewer facilities
and accept the conveyance of the sewer facilities for Courthouse
Shadows Utility Relocation, PL20210003230. (District 4)
6) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Esplanade by the Islands - Phase 1A (f/k/a Bella Tesoro Phase 1A),
PL20200000092, and authorize the County Manager, or their
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer’s designated agent.
(District 1)
7) Recommendation to approve final acceptance of the potable water and
sewer facilities and accept the conveyance of the potable water and
sewer facilities for Isles of Collier Preserve Phase 15B,
PL20220001206. (District 1)
8) Recommendation to approve final acceptance of the potable water and
sewer facilities and accept the conveyance of the potable water and
sewer facilities for Manatee Cove Phase 3, PL20210001644.
(District 1)
9) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water facilities for the Valencia Trails Recreation Site,
PL20210002654. (District 3)
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10) Recommendation to approve an agreement for the purchase of a
perpetual non-exclusive drainage easement (Parcel 163DE) required
for the replacement of an existing tidal interconnect culvert as part of
the Goodland Drive Culvert Replacement Project No. 50238.
Estimated Fiscal Impact: $10,350. (All Districts)
11) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating in all, or a portion of, the 30-foot and 60-foot
Roadway, Right-of-Way and/or Ingress and Egress Easements as
Recorded in Official Records Book 968, Page 975; Official Records
Book 1795, Page 1917; Official Records Book 284, Page 633; Official
Records Book 279, Page 284; Official Records Book 238, Page 398;
Official Records Book 404, Page 997; and Official Records Book 416,
Page 609 of the Public Records of Collier County, Florida, located in
Sections 11 and 14, Township 50 South, Range 26 East, Collier
County, Florida being more specifically shown in Exhibit “A,” and to
accept Petitioner’s grant of an access easement to replace the vacated
Roadway Easements. [VAC-PL20210002687] (District 1)
12) Recommendation to approve the release of a code enforcement lien
with a value of $47,068.63 for payment of $618.63 in the code
enforcement action entitled Board of County Commissioners v.
Crispin Trujillo in Case No. CEOCC20190008179 relating to property
located at 4825 Green Blvd, Collier County, Florida. (District 3)
13) Recommendation to approve the release of two code enforcement
liens with a value of $88,518.56 for payment of $15,000 in the code
enforcement actions entitled Board of County Commissioners v. Rose
Marie Numa in Case Nos. CENA20190009868 and
CEV20190010125 relating to property located at 2792 24th Ave. SE,
Collier County, Florida. (District 5)
14) Recommendation to approve a Transportation Commitment Extension
Request for the ROCKEDGE Residential Planned Unit Development
(RPUD) to provide more time to fulfill the Transit Bus Stop
Improvement Commitment. (District 1)
15) Recommendation to approve an extension for completion of required
subdivision improvements associated with Royal Palm Golf Estates
Replat #3 (AR-6774) subdivision pursuant to Section 10.02.05 C.2 of
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the Collier County Land Development Code (LDC). (District 1)
16) Recommendation to award Invitation to Bid ("ITB") No. 22-7958,
"Aquatic Vegetation Maintenance," to Airboat Addicts, Inc., and
authorize the Chairman to sign the attached agreement. (Estimated
annual spend of $350,000, Stormwater Operating Fund 103).
(All Districts)
17) Recommendation to award Invitation to Bid ("ITB") No. 22-7962,
"Corporate Flight Drive Vegetation Maintenance," to DeAngelo
Contracting Services LLC, as the Primary Vendor, and EarthBalance
Corporation, as the Secondary Vendor, and authorize the Chair to sign
the attached agreements. (The anticipated annual spend is estimated at
$34,580). (District 4)
18) Recommendation to approve a Work Order with Humiston & Moore
Engineers to provide professional support services for the application
preparation of a United States Army Corps of Engineers (USACE)
permit for the South Marco Island Beach Restoration, under Contract
No. 18-7432-CZ, for time and material not to exceed $34,132,
authorize the Chairman to execute the Work Order, and make a
finding that this item promotes tourism. (Fund 195, Project No.
90071) (All Districts)
19) Recommendation to approve a Resolution memorializing Amendment
No. 7 to Contract No. ARX56, Financial Project #412666-1-88-01,
State of Florida Department of Transportation (“FDOT”), State
Highway Traffic Signal, Maintenance and Compensation Agreement,
for maintenance of FDOT owned traffic signal systems to be
maintained by Collier County Traffic Operations, which also grants
authority to the Chief Engineer of Traffic Operations to sign off on
ministerial annual updates concerning the Exhibit List to the
Agreement. (All Districts)
20) Recommendation to recognize FY 2022/23 Transportation
Disadvantaged Planning Grant funding in the amount of $27,954 to
the Collier Metropolitan Planning Organization from the Commission
for the Transportation Disadvantaged and to authorize the necessary
budget amendment. (Growth Management Grant Fund 711)
(All Districts)
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21) Recommendation to approve and authorize the Chairman to sign a
Supplemental Agreement to the Local Agency Program (LAP)
Agreement with the Florida Department of Transportation (FDOT)
amending Exhibit A “Project Description and Responsibilities”
removing in its entirety the Construction Engineering and Inspection
(CEI) services for the replacement of existing Bridge #030138 on
Immokalee Road (CR 846) related to Project #66066 - “Eleven Bridge
Replacements east of SR29” and to execute a Resolution
memorializing the Board’s action, Project #66066. (District 5)
22) This Item continued from the May 24, 2022, BCC Meeting.
Recommendation to adopt a resolution approving and authorizing the
execution of a Public Transit Grant Agreement (PTGA) between
Collier County and the Florida Department of Transportation (FDOT)
to accept Federal Transit Administration (FTA) Section 5339 Bus and
Bus Facilities funds in the amount of $222,355, for the necessary
improvements to bus stops in accordance with the Americans with
Disabilities Act (ADA) in the rural service area and authorizing the
necessary budget amendments. (Transit Grant Fund 424) (District 5)
23) Recommendation to approve and authorize the Chairman to sign
Supplemental Agreement No. 01 for the State-Funded Grant
Agreement (SFGA) with Florida Department of Transportation
(FDOT) to receive reimbursement for Design and Construction for the
widening of Airport Road from Vanderbilt Beach Road to Immokalee
Road; to execute a Resolution memorializing the Board’s action; and
to authorize the necessary budget amendments. (Project #60190)
(District 1)
24) Recommendation to approve a Resolution and authorize the Chairman
to execute upon arrival the State FY2022/23 Transportation
Disadvantaged Trust Fund Trip/Equipment Grant Agreement with the
Florida Commission for the Transportation Disadvantaged in the
amount of $768,742, with a local match of $85,415, to assist with
system operating expenses; and authorize the necessary budget
amendments. (Transit Grant and Match Funds 428/429) (All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
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C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve the termination of a Revocable
Temporary License acquired for a proposed Chloramine Booster
Station at a cost not to exceed $27.70. (District 5)
2) Recommendation to approve Proposal No. 9855 under Agreement No.
19-7592, Building Automation Energy Management Services, from
Juice Technologies, Inc., d/b/a Plug Smart, and authorize the issuance
of a Purchase Order in the amount of $396,075.27, to replace the
proprietary N2 Johnson Controls Metasys Building Automation
System with new BACnet Reliable Controls at the Collier County
Sheriff’s Office (“CCSO”) Jail (J3) building at the Collier County
Government Center. (Sales Tax Fund (318), Project No. 50221)
(District 4)
3) Recommendation to approve an amendment to a Contribution
Agreement with City Gate Naples, LLC (“CGNU”), pertaining to the
Uline Corporation regional distribution facility, by amending
numbered paragraph four of the Agreement to reduce the County’s
duty to reimburse CGNU for the construction of improvements on real
property to be dedicated to the County, by providing a one-time
reimbursement payment not to exceed $575,000, in lieu of a
previously agreed upon Tax Increment Financing (“TIF”) credit,
which is estimated to produce a net savings to the County of
approximately $900,000, and approve necessary budget amendments.
(District 3)
4) This item continued from the May 10, 2022, BCC Meeting
Agenda. Recommendation to authorize the County Manager, or their
designee to take whatever action is necessary so that the 6.38 acre
“lake expansion parcel” (Tract RL-2) located abutting the County’s
Sports Complex and Special Events Center (n/k/a the “Paradise Coast
Sports Complex”) is conveyed to the City Gate Community
Development District, as allowed by the Board approved Contribution
Agreement. (District 3)
5) Recommendation to authorize a budget amendment in the County
Wide Capital Project Fund (301) in the amount of $50,815.50 to fund
grant compliance services for the grant agreement H0600 with the
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Florida Division of Emergency Management (FDEM) (Project No.
33744). (All Districts)
6) Recommendation to approve a change order to Agreement No. 20-
7810, North County Water Reclamation Facility Return Mixed Liquor
Pump System Improvements. (Fund 414, Project Number 70148)
(District 2)
7) Recommendation to award Invitation to Bid (“ITB”) No. 22-7975,
"Tower Packing Media Replacement for Water Treatment Plants", to
Indusco Environmental Services, Inc., and DeLoach Industries, Inc.,
for the purchase of replacement degasification and odor control tower
packing media at the North and South County Regional Water
Treatment Plants on a primary/secondary per line-item basis.
(District 3)
8) Recommendation to recognize and appropriate revenue to various
Facilities Management Division cost centers in the amount of
$81,885.41 for Fiscal Year 2022 and authorize all necessary Budget
Amendments. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Parks and Recreation
staff to apply for designation of the Paradise Coast Blueway Paddling
Trail through the Florida Office of Greenways and Trails.
(All Districts)
2) Recommendation to authorize a Budget Amendment in the amount of
$6,158.42 for program income under the U.S. Housing and Urban
Development Community Development Block Grant Program from
the Immokalee Airport. (Housing Grant Fund 705) (All Districts)
3) Recommendation to approve and authorize the Chairman to sign three
(3) mortgage satisfactions for the State Housing Initiatives Partnership
(SHIP) loan program in the amount of $150,000; this transaction is a
transfer of mortgage liability from Habitat for Humanity of Collier
County, Inc., to the homeowners provided with home purchase
assistance through the Construction Assistance Strategy. (SHIP Grant
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Fund 791) (All Districts)
4) Recommendation to authorize a budget amendment to allow
continuous operation of the State Housing Initiatives Partnership
Program (SHIP) with an anticipated award in the amount of
$3,678,139 for SFY 2022/2023 and to authorize an extension of SFY
2019/2020 funding from June 30, 2022, to December 31, 2022. (SHIP
Grant Fund 791) (All Districts)
5) Recommendation to approve and authorize the Chairman to sign two
(2) mortgage satisfactions for the State Housing Initiatives Partnership
(SHIP) loan program in the amount of $25,085 and approve the
associated budget amendment to appropriate repayment amount
totaling $17,585. (SHIP Grant Fund 791) (All Districts)
6) Recommendation to authorize the necessary Budget Amendments to
reflect the estimated funding for the Community Care for the Elderly,
Alzheimer’s Disease Initiative, and Home Care for the Elderly
programs in the amount of $1,526,340; $28,802 in co-payment
contributions and the estimated cash match of $30,000. (Fiscal Impact
$1,585,142, Human Services Grant Fund 707) (All Districts)
7) Recommendation to approve and authorize the Chairman to sign one
Release of Lien for full payment in the amount of $9,078.91 pursuant
to the Agreement for Deferral of 100% of Collier County Impact Fees
for the Owner-occupied Affordable Housing Dwellings. (All Districts)
8) Recommendation to authorize expenditures exceeding the $50,000
competitive threshold, under an Exemption from the Competitive
Process, through fiscal year 2023 for Robert Half International, Inc.,
to provide temporary personnel services for Collier County Assistance
Programs (CCAP) programs, American Rescue Plan, Local Fiscal
Recovery Plan, and Department of Treasury, Emergency Rental
Assistance Programs. (Housing Grant Fund 705, Community &
Human Grant Support Fund 123) (All Districts)
9) Recommendation to provide “After-the-Fact” approval of the fourth
amendment between Collier County and the Florida Department of
State Division of Historical Resources for structural stabilization and
rehabilitation of the historic Roberts Ranch home at the Immokalee
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Pioneer Museum at Roberts Ranch. This amendment updates the
Scope of Work and aligns the budget line items to accurately reflect
work that was completed. (Public Service Grant Fund 709 and Match
Fund 710) (All Districts)
E. ADMINISTRATIVE SERVICES
1) Recommendation to award Invitation to Bid (“ITB”) No. 21-7917,
“EMS Expendable Medical Supplies,” for the purchase of EMS
expendable supplies and equipment to multiple vendors for the
Emergency Medical Services Division. (All Districts)
2) Recommendation to approve a budget amendment to Fund 517, Group
Health and Life Insurance, to fund health claims expenditures for the
remainder of FY 22. (All Districts)
3) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
4) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to award Request for Proposal (“RFP”) No. 22-
7956, “Professional State Lobbyist Services,” to Smith, Bryan &
Myers, Inc., to represent Collier County at the State Capitol in
Tallahassee and authorize the Chairman to sign the attached
agreement. (All Districts)
2) Recommendation to authorize six (6) additional Full-Time Equivalent
(FTE) positions as follows: three (3) Journeyman Tradesworkers in
the Facilities Management Division, and three (3) Lifeguards in the
Parks and Recreation Division due to an expanded customer and/or
Program demand and authorize any necessary Budget Amendments.
(All Districts)
3) Recommendation to adopt a Resolution repealing Resolution No.
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2022- 48, established to enact an outdoor burning ban in the
unincorporated areas of Collier County in accordance with Ordinance
No. 2009-23, as amended, the Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance, because
drought conditions no longer exist. (All Districts)
4) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively. (All Districts)
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY21-22 Adopted Budget. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to approve Change Order #1 to Agreement No. 21-
7897, “Everglades Airpark Rehab Runway 15/33,” with Quality
Enterprises USA, Inc., to increase the contract amount by
$209,861.73, and approve all necessary budget amendments.
(District 5)
2) Recommendation to authorize budget amendments to recognize
revenue for Marco Island Executive Airport, in the amount of
$1,475,000, and for Immokalee Regional Airport, in the amount of
$170,000, to accommodate increased fuel purchases and associated
operating expenses over budgeted levels. (District 1, District 5)
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to direct staff to review the County’s existing
Naming Policy and return to the Board with a proposed Ordinance
based on the existing policy. (All Districts)
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board of County Commissioners approves
Sheriff Kevin Rambosk to be the official grant applicant and contact
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June 14, 2022
person, or his designee, and to receive, expend the payment and make
any necessary budget amendments of the FY 2021 of the State
Criminal Alien Assistance Program (SCAAP) grant funds.
(All Districts)
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of June 8,
2022. (All Districts)
3) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between May 12, 2022, and June 1, 2022, pursuant to Florida
Statute 136.06. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint a member to the Land Acquisition
Advisory Committee. (All Districts)
2) Recommendation to appoint a member to the Animal Services
Advisory Board. (All Districts)
3) Recommendation to appoint an alternate member to the Collier
County Code Enforcement Board. (All Districts)
4) Request by the Housing Finance Authority of Collier County for
approval of a resolution approving a plan of financing involving the
issuance by the Authority of single-family mortgage revenue bonds in
an amount not to exceed $50 million or, in the alternative, to use
volume cap allocation for mortgage credit certificate programs or for
multifamily housing for persons of low or moderate income.
(All Districts)
5) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Kristen Jasinski v. Collier
County Board of Commissioners, (Case No. 21-CA-851), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida, for the sum of $5,000. (All Districts)
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June 14, 2022
6) Recommendation to approve and authorize the County Attorney’s
Office to file an Offer of Judgment (settlement offer) to Defendant
Mammoth Constructors, LLC, in the lawsuit styled Collier County
Board of County Commissioners v. Mammoth Constructors, LLC,
(Case No. 2021-CA-000132-0001), now pending in the Circuit Court
of the Twentieth Judicial Circuit in and for Collier County, Florida.
(All Districts)
7) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Marsha Sharkey and
Anthony Sharkey v. Collier County Board of Commissioners, (Case
No. 21-CA-0072), now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, for the sum of
$44,000. (All Districts)
8) Recommendation that the Board of County Commissioners, sitting as
the Board of Zoning Appeals, deny the appeal of the March 24, 2022,
decision of the Hearing Examiner. (District 1)
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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.
------------------------------------------------------------------------------------------------------------
A. Recommendation to adopt an Ordinance of the Board of County
Commissioners of Collier County, Florida, establishing the Hacienda North
Community Development District located in unincorporated Collier County
and containing approximately 197.82+/- acres; providing for the authority
for ordinance; providing for the establishment of the boundaries for the
Hacienda North Community Development District; providing for the
designation of initial board members; providing for the district name;
providing statutory provisions governing the district; providing for consent
Page 17
June 14, 2022
to special powers; providing for petitioner’s commitments; providing for
conflict and severability; providing for inclusion in the code of laws and
ordinances; and providing an effective date. (District 1)
B. Recommendation to adopt an Ordinance of the Board of County
Commissioners of Collier County, Florida, establishing the Terreno
Community Development District located in unincorporated Collier County
and containing approximately 325.767+/- acres; providing for the authority
for ordinance; providing for the establishment of the boundaries for the
Terreno Community Development District; providing for the designation of
initial board members; providing for the district name; providing statutory
provisions governing the district; providing for consent to special powers;
providing for petitioner’s commitments; providing for conflict and
severability; providing for inclusion in the code of laws and ordinances; and
providing an effective date. (District 5)
18. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
June 14, 2022
Page 2
MS. PATTERSON: Chairman, you have a live mic.
CHAIRMAN McDANIEL: Yes, yes, yes. Thank you.
Good morning, everybody. Welcome. Happy to have you
here.
As is usually the case, we're going to start our meeting with a
prayer and a pledge. And I'd like to introduce Pastor Tim Reed of
Fairway Bible Church, if you would, please, Pastor. All rise.
PASTOR REED: Do I do the Pledge, too?
CHAIRMAN McDANIEL: Well -- you know what --
PASTOR REED: I'd love to. I just didn't know if I was
supposed to.
CHAIRMAN McDANIEL: Since you anointed yourself,
proceed.
PASTOR REED: All right. We'll pray, and then we'll pledge
to the American flag.
I just want to take a moment -- Ms. Taylor asked me to pray for
Randy Kington, who is a true American hero. He had surgery
yesterday at the Tampa VA Hospital, and he needs our prayers as he
recovers for that, so...
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE - BY PASTOR
TIM REED OF FAIRWAY BIBLE CHURCH – INVOCATION
GIVEN
CHAIRMAN McDANIEL: Thank you for that.
PASTOR REED: Heavenly Father, this morning we pause to
come into your presence, God, to seek your direction, your wisdom,
Father, your plan for our lives this day. And, God, we just ask your
blessing upon this meeting, and I pray for these council members,
June 14, 2022
Page 3
Dear God, that you would guide and direct their decisions and,
Father, that you would fill them with power that comes from beyond
themselves as they lead and guide and manage the development of
our beautiful county.
Lord, we just thank you of all the people on this planet that get
to live here, that it's us, and we thank you for it. And, Lord, we just
ask today that you would continue to guide and direct. And, Lord,
we pray for our brother, Randy, as he is recovering in the VA
hospital in Tampa, God, that you would bring him healing and health
and that you would continue to use him for your kingdom and for
your glory.
Lord, we love you, and we just recognize our dependence upon
you this day, and we ask this in the name of Jesus Christ, our savior.
Amen.
Let's pledge.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: Thank you, Pastor. By the way,
where is -- where is your church, Pastor?
PASTOR REED: It's actually on the agenda. It's located on
Collier Boulevard.
CHAIRMAN McDANIEL: You know, there's a reason why
elected officials ask questions because we already know the answer.
So.
PASTOR REED: Oh, okay.
CHAIRMAN McDANIEL: Good morning. Thank you again.
That was a very nice prayer and pledge.
All right, ladies and gentlemen, let's go to Item No. 2.
Item # 2A
APPROVAL OF TODAY'S REGULAR, CONSENT, AND
June 14, 2022
Page 4
SUMMARY AGENDA AS AMENDED. (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) – MOTION BY COMMISSIONER
TAYLOR; SECONDED BY COMMISSIONER LOCASTRO TO
APPROVED AND/OR ADOPTED W/CHANGES - APPROVED
MS. PATTERSON: Agenda changes for today, we have a few.
First, move Item 16K8 to Item 8A. This is a recommendation that
the Board of County Commissioners, sitting as the Board of Zoning
Appeals, deny the appeal of the March 24th, 2022, decision of the
Hearing Examiner. District 1, Commissioner LoCastro's request to
pull this item as well as each of the other commissioners.
Next item is to continue Item 16A16 to the June 28th, 2022,
board meeting. This is a recommendation to award Invitation to Bid
No. 22-7958, aquatic vegetation maintenance to Airboat Addicts,
Inc., and authorize the Chairman to sign the attached agreement.
This is being moved at staff's request.
And, last, we have an add-on item, 10C. This is a
recommendation to direct staff to bring back an amendm ent to
Section 10.03.05 of the Land Development Code to reduce the
notification requirement for variances within the Estates Zoning
District from one mile to 1,000 feet and consider the future
amendment an act of zoning in progress to be implemented upon
Board direction. This is being placed on the agenda at
Commissioner Saunders' request.
A couple of notes: We have a time-certain for Item 10B of
1:00. This is the presentations from candidates for the position of
county manager, and we have court reporter breaks set for 10:30 and
2:50.
CHAIRMAN McDANIEL: And you're going to remind me
about those, because I'm terrible --
June 14, 2022
Page 5
MS. PATTERSON: Of course.
CHAIRMAN McDANIEL: -- about remembering those.
Terri's too nice to say anything, and Commissioner LoCastro always
reminds me, and that just (indicating).
MS. PATTERSON: No problem.
CHAIRMAN McDANIEL: With that we're going to start down
here with Commissioner Solis. Good morning, sir.
COMMISSIONER SOLIS: Good morning.
CHAIRMAN McDANIEL: Do you have any agenda
amendments and/or disclosures?
COMMISSIONER SOLIS: No amendments to the agenda, and
no disclosures on the consent. Thank you.
CHAIRMAN McDANIEL: Absolutely.
Commissioner LoCastro, good morning.
COMMISSIONER LoCASTRO: Same for me; no changes, no
disclosures on consent.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: No changes, no
disclosures -- well, yes, I had a conversation with 16A1; very
informal conversation with staff on 16A1.
CHAIRMAN McDANIEL: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: I don't have any disclosures.
I do have one agenda issue. I talked to staff yesterday, I think, to
Jamie French in particular. There's been a consent decree entered in
reference to the property at the corner of Santa Barbara and Davis
Boulevard where the cement is being piled up. That's in
Commissioner LoCastro's district. I, obviously, couldn't say
anything to Commissioner LoCastro about this, so I'm saying it now.
I had a conversation with Mr. French. There is a consent
decree from the South Florida Water Management District
concerning that property because of their violations, and I'd like to
June 14, 2022
Page 6
have a discussion about that issue sometime today.
CHAIRMAN McDANIEL: Add that on, if you would, please.
MS. PATTERSON: Absolutely. That will become Item 10D.
CHAIRMAN McDANIEL: Assuming everybody's in consent
with that. I didn't mean to dictate policy there. You okay with that?
COMMISSIONER SAUNDERS: Yeah.
CHAIRMAN McDANIEL: Commissioner Taylor?
COMMISSIONER SAUNDERS: And, again, I would have
mentioned something to the commissioner, but that would have been
a violation of the Sunshine Law.
COMMISSIONER LoCASTRO: No, but I had the
same -- Ms. Patterson and Mr. French had a similar conversation with
me at our meeting yesterday, so I think, yeah.
CHAIRMAN McDANIEL: We all talked about it with staff.
I'm totally fine with that. Do you have anything else, adjustments or
disclosures?
COMMISSIONER SAUNDERS: No, sir.
CHAIRMAN McDANIEL: Okay. And neither do I.
So with that, I'll call for a motion for the acceptance of the
agenda as amended.
COMMISSIONER TAYLOR: So move.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded we
accept the agenda as amended. 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.)
June 14, 2022
Page 7
CHAIRMAN McDANIEL: So moved. Done.
Proposed Agenda Changes
Board of County Commissioners Meeting
June 14, 2022
Move Item 16K8 to 8A: Recommendation that the Board of County Commissioners, sitting as the Board of
Zoning Appeals, deny the appeal of the March 24, 2022, decision of the Hearing Examiner. (District 1)
(Commissioner LoCastro’s, Commissioner McDaniel’s, Commissioner Taylor’s, Commissioner Saunders’,
and Commissioner Solis’ separate requests)
Continue Item 16A16 to the June 28, 2022, BCC Meeting: Recommendation to award Invitation to Bid ("ITB")
No. 22‐7958, "Aquatic Vegetation Maintenance," to Airboat Addicts, Inc., and authorize the Chairman to sign
the attached agreement. (Estimated annual spend of $350,000, Stormwater Operating Fund 103). (All Districts)
(Staff’s Request)
Add on Item 10C: Recommendation to direct staff to bring back an amendment to Section 10.03.05 of the
Land Development Code (LDC) to reduce the notification requirement for variances within the Estates
Zoning District from 1-mile to 1,000-feet and consider the future amendment an act of zoning in progress to
be implemented upon board direction. (Commissioner Saunders’ request)
Notes:
Time Certain Items:
Item 10B to be heard no sooner than 1:00 PM: Presentations from candidates for the position of County
Manager.
7/1/2022 2:15 PM
June 14, 2022
Page 8
Item #2B
BCC MEETING MINUTES FOR MAY 10, 2022, – MOTION TO
APPROVED AS PRESENTED BY COMMISSIONER SOLIS;
SECONDED BY COMMISSIONER SAUNDERS – APPROVED
CHAIRMAN McDANIEL: Let's do our minutes of May 10th.
COMMISSIONER SOLIS: Move to approve the minutes of
May 10th.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded we
accept the minutes and approve the minutes as printed. 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. Boom.
Okay. Now we go into the fun stuff.
MS. PATTERSON: We're moving to Item 3D, Employee of
the Month.
CHAIRMAN McDANIEL: All right.
Item #3D
June 14, 2022
Page 9
EMPLOYEE OF THE MONTH RECOGNIZING JON HOOD IN
THE WASTEWATER DIVISION AS THE JUNE 2022
EMPLOYEE OF THE MONTH - PRESENTED
MS. PATTERSON: Item 3D1 is a recommendation to
recognize Jon Hood in the Wastewater Division as the May 2022
Employee of the Month.
(Applause.)
MS. PATTERSON: While Mr. Hood is up here, I'm going to
read a little bit about him.
Jon, being who he is, he decided to try and address a potential
odor issue at a wastewater pump station in Fiddler's Creek before
attending what he thought was his biannual performance review.
Jon has developed a great relationship with multiple
communities in the area of responsibility and maintains direct contact
with them regarding odors. Jon knew he would likely receive a call,
and he had not gotten ahead of the potential issue, and it would be out
of character for him not to help his customers. He truly takes
exceeding expectations to heart.
Emission of odors from the wastewater collection system is a
compliance issue per Florida Administrative Code. Jon and his
counterparts take potential odor extremely seriously, and he made a
sound decision in potentially being late to a scheduled meeting to
ensure system compliance and minimize negative impacts to the
quality of life of our residents. Just another reason why Jon was a
great choice for May 2022 Employee of the Month.
(Applause.).)
CHAIRMAN McDANIEL: Thank you, Jon. Appreciate all
you do.
Okay. A couple proclamations.
June 14, 2022
Page 10
Item #4A
PROCLAMATION DESIGNATING JUNE 19, 2022, AS
JUNETEENTH DAY IN COLLIER COUNTY. ACCEOPTED BY
VINCENT KEEYS, DIANN KEEYS, FRANK WALKER, IRENE
WILLIAMS, DR. OLIVER PHIPPS, AND DR. JOHN NEWTON –
MOTION TO APPROVE BY COMMISSIONER TAYLOR;
SECONDED BY COMMISSIONER SOLIS - ADOPTED
MS. PATTERSON: Moving on to proclamations, item 4A is a
proclamation designating June 19th, 2022, as Juneteenth Day in
Collier County. To be accepted by Vincent Keeys, Teniqua Smith,
Irene Williams, Dr. Oliver Phipps, and Dr. John Newton.
CHAIRMAN McDANIEL: There we are.
(Applause.)
CHAIRMAN McDANIEL: Outstanding. Do you want to say
a few words, or are you good?
MR. KEEYS: Sure.
(Applause.)
MR. KEEYS: Good morning, Mr. Chair and County
Commissioners. It's good to be with you today in recognition of that
proclamation for Juneteenth.
We would like to invite all of the commissioners to come out on
Saturday, June 18th, as well as all of our attendees here today. And
so please, if you can make it, from 10:00 until 4:00 p.m., we would
love to have you, so please come out.
Thank you so very much for the proclamation this morning.
CHAIRMAN McDANIEL: Where again?
MR. KEEYS: It will be held in River Park at the River Park
Community Center.
CHAIRMAN McDANIEL: Okay. Would you send me an
June 14, 2022
Page 11
email on that just so I can post it up and get the information out --
MR. KEEYS: Gladly.
CHAIRMAN McDANIEL: -- please, thank you.
MR. KEEYS: It's our pleasure.
CHAIRMAN McDANIEL: Thank you. Okay.
Item #4B
PROCLAMATION RECOGNIZING PETPEOPLE AS RECIPIENT
OF THE WASTE REDUCTION AWARDS PROGRAM, FOR
CONTRIBUTING TO THE GREATER GOOD OF COLLIER
COUNTY BY ADVOCATING THE “REDUCE, REUSE,
RECYCLE” MESSAGE, THEREBY HELPING TO PROLONG
THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL.
ACCEPTED BY DAWN SNYDER AND AMANDA PLOTTS –
MOTION TO APPROVE BY COMMISSIONER TAYLOR;
SECONDED BY COMMISSIONER SOLIS - ADOPTED
MS. PATTERSON: Item 4B is a proclamation recognizing
PetPeople as recipient of the Waste Reduction Awards program for
contributing to the greater good of Collier County by advocating the
"Reduce, Reuse, Recycle" message thereby helping to prolong the
usable life of the Collier County Landfill. To be accepted by Dawn
Snyder and Amanda Plotts.
(Applause.)
CHAIRMAN McDANIEL: Thank you. Okay.
MS. PATTERSON: Chair, could we get a motion to accept the
proclamations.
CHAIRMAN McDANIEL: I'd be pleased. I'll call for that.
COMMISSIONER TAYLOR: So move.
COMMISSIONER SOLIS: Second.
June 14, 2022
Page 12
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the proclamations 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.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JUNE 2022 TO DRAGON HORSE AGENCY.
THE AWARD WAS ACCEPTED BY JULIE W. KOESTER, CO-
FOUNDER AND PRESIDENT, DRAGON HORSE MEDIA, AND
PATRICK BLAKE RENDA CO-FOUNDER AND CHIEF
STRATEGY OFFICER, DRAGON HORSE MEDIA. ALSO
PRESENT IS MICHAEL DALBY, PRESIDENT, THE GREATER
NAPLES CHAMBER OF COMMERCE – PRESENTED
MS. PATTERSON: 5A is a presentation of the Collier County
Business of the Month for June 2022 to Dragon Horse Agency. The
award will be accepted by Julie W. Koester, co-founder and
president, Dragon Horse Media, and Patrick Blake Renda, co-founder
and chief strategy officer, Dragon Horse Media. Also present is
Michael Dalby, president of the Greater Naples Chamber of
Customers.
June 14, 2022
Page 13
(Applause.)
MR. RENDA: Where did the photographer go?
CHAIRMAN McDANIEL: Would you like to say a few
words, please.
MR. RENDA: Thank you so much for the recognition for our
company, Dragon Horse.
I want to say we're very proud to be in Naples. We started this
company seven years ago, literally started it out of the kitchen for
about a year and a half and have done everything to reinvest in the
company and the community for the past seven years.
We recently just announced an expansion which will create
more jobs for our Naples office that we're very proud of. And we
look forward to much greater growth in the years ahead and
continuing to support the community through sponsorships, direct
donations, and pro bono work that we've done over the last few years.
So thank you very much, everybody. Thank you.
(Applause.)
CHAIRMAN McDANIEL: I don't see our cameraman
returning all that quickly. I think he's left the scene. So we have
somebody -- you will make sure -- are you the lady that took the
picture?
UNIDENTIFIED SPEAKER: I am.
CHAIRMAN McDANIEL: Will you make sure that we receive
a proper copy so we can dutifully make sure -- okay. If you would
email it to one of us, we'd be all right.
COMMISSIONER TAYLOR: If we could, only because they
are the Business of the Month and it's very important, and they are
local and they are expanding, so I'm putting this all that under
umbrella. Maybe if they have about five minutes, we could ask
them to come back up when our photographer will come back,
because I know he's coming back.
June 14, 2022
Page 14
CHAIRMAN McDANIEL: Is somebody hunting our
photographer?
COMMISSIONER TAYLOR: Yes, yes.
CHAIRMAN McDANIEL: Because there are certain things
you've just got to go.
COMMISSIONER TAYLOR: He's here.
MR. MULLINS: No, he's coming back.
COMMISSIONER LoCASTRO: Maria just got a raise, right?
We just bumped her up.
CHAIRMAN McDANIEL: All right. Let's move on to 8A
and take care of that item.
COMMISSIONER TAYLOR: May I say it?
CHAIRMAN McDANIEL: Do what?
COMMISSIONER TAYLOR: Always leave it to a woman.
They do a better job.
CHAIRMAN McDANIEL: Yeah, we're not going to go there,
Commissioner Taylor.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Commissioners, that actually brings us to
Item 7, public comments on general topics not on the current or
future agenda.
CHAIRMAN McDANIEL: Forgive me, yes, we do. And how
many do we have speakers today?
MR. MILLER: Good morning, Mr. Chair. We have seven
registered speakers for this item. Your first speaker is Scott Kiley.
He will be followed by Richard Schroeder.
June 14, 2022
Page 15
CHAIRMAN McDANIEL: And as Scott's coming to the mic,
I'm going to suggest to folks you have three minutes to make your
presentation. There is a clock that is in front of you. These are
items that are not on today's agenda and, typically, the Board does
not engage with the public during these presentations. I've already
spoken to Scott, so he's well aware of what's going on. I'm saying it
for the edification of the folks that are here.
MR. MILLER: And, Mr. Chair, if I might remind you, you will
hear a beep at 30 seconds letting you know you've got 30 seconds
left.
MR. KILEY: Thank you.
CHAIRMAN McDANIEL: All right. That little timer there in
front of you, Scott, is your -- the one that's right there on your left, so
there you go.
MR. KILEY: Good morning, County Commissioners. My
name is Scott Kiley, and I'm a resident living in Marco Island.
Recently, Pfizer requested that the FDA keep confidential for 75
years an estimated 450,000 pages of documents it relied on to license
its COVID-19 vaccine. Thankfully, Federal Judge Mark Pittman
ordered Pfizer to release all documents by October of 2022. I submit
the judge's order for the public record.
A non-for-profit found at DailyClout.IO -- I'll repeat
that -- DailyClout.IO assembled 3,000 medical professionals to
understand the Pfizer documents. I will submit 38 pages of these
original Pfizer documents for the public record. These 38 pages
contain horrific life-threatening adverse events and safety issues
documented by Pfizer, shared with the FDA, and hid from the public.
The last nine pages contain a list of approximately 1,000 adverse
events. The knowledge that the vaccine didn't work, the harm and
the death continues to be concealed from the public by mai nstream
media. Now they push to inject infants.
June 14, 2022
Page 16
Commissioners, I believe that you all want to protect the health
and well-being of Collier County citizens. When you voice your
support and/or opinion for business closures, social distancing, mask
mandates, school closures, vaccine mandates, you, too, must share
new information such as over 1,000 harmful life-threatening side
effects. This is within your purview.
When you read these Pfizer documents, I believe you would
never receive or recommend it to any of your family members to
receive any COVID injection.
I make three requests. Use your position, influence, and
platform to notify all Florida public health officials, as I have done,
of these Pfizer documents containing nine pages of adverse events,
inform hospital executives, pharmacies, and basically anyone giving
the injections, provide these people with the nine pages of adverse
events. Visibly post these -- visibly post these nine pages on the
county website using Pfizer's own heading "adverse events of special
interest." Inform the public, please.
Let's restore informed consent and let our citizens decide for
themselves. Once informed, people can make their own decisions,
and we can be confident we did not sit on life -threatening
information that is vital to the health and well-being of Collier
County citizens.
Thank you.
CHAIRMAN McDANIEL: Thank you, Scott.
MR. MILLER: Your next speaker is --
CHAIRMAN McDANIEL: Stop. We're going to -- our
photographer has returned. Excuse me. I'm going to -- Doc, if you
would give me a second. Our photographer has came back. You're
good, Scott. Submit those papers to our court reporter, please, if you
would, and then we're going to take a picture of our Business of the
Month and then go back to our public speakers.
June 14, 2022
Page 17
MR. RENDA: Sorry about that.
COMMISSIONER TAYLOR: No, our apologies.
CHAIRMAN McDANIEL: About what? It's not your fault.
THE PHOTOGRAPHER: My apologies.
MR. MILLER: Mr. Chairman, your next registered speaker is
Richard Schroeder. He's been ceded additional time from Jon
Maines. Can you raise your hand to indicate you're here?
(Raises hand.)
MR. MILLER: Thank you.
Jay Kohlhagen?
(Raises hand.)
MR. MILLER: And Marcy Daveas --
(Raises hand.)
MR. MILLER: There she is.
Richard will have a total of 12 minutes and will be followed by
Beth Sherman.
DR. SCHROEDER: I won't use 12 minutes. I just hate red
lights.
First, I'm going to call this a few medical highlights through the
Pfizer data dump. First, I want to give you my impression of what
it's like to read these actual documents, and I think Scott referred to
those quite authoritatively, which represent -- these are
post-authorization data on adverse events from the emergency-use
injections that Pfizer shared with the Food and Drug Administration.
To me they seemed deliberately designed to obfuscate, confuse but,
most glaringly, minimize the injection-related complications that they
were purported to be disclosing.
For example, in the first 38 pages alone, which covered
complications reported through February of 2021, the conclusion
below the disclosure of case after case of serious adverse events in
each of the medical categories reads, and I quote: This cumulative
June 14, 2022
Page 18
case review does not raise new safety issues. Surveillance will
continue. Well, that's really not how I read it, and I'm going to give
you some examples.
So let's be polite and let the women and children go first. It
seems that despite being instructed not to conceive after being
injected, some 270 women became pregnant anyway and were, thus,
included in the data. It, of course, baffles me as an obstetrician to
understand how that could possibly happen. But, regardless, it's
reported that 231 of these 270 patients' medical records were
somehow lost by Pfizer, a very concerning issue in and of itself, and
that of the 36 whose data Pfizer did report, 28 of the babies died.
That's 28 babies out of 36 reported pregnancies that died after they
received the injection, after the mothers received the injection. That
alone should have put an end to consideration of injecting any
women who are pregnant or at risk of pregnancy.
And add to that reports from Israel of a 38 percent increase in
fetal deaths as well as an Australian report showing a 90 percent
pregnancy loss by 21 weeks' gestation in women who were injected
in the first trimester, and there can be no claim whatsoever that an
MRA [sic] injection is safe for pregnant women.
And, of course, one has to wonder if the unique experimental
injection kills unborn babies, should we not think about what it will
do if given to newborns and very young children as wel l? None of
these products have been tested in appropriate clinical trials. They're
emergency use.
Now the children. Pfizer knew in May of 2021 that 35 young
persons' hearts had been damaged by the EUA injections, and yet the
FDA approved them for teens a month later anyway. Once heart
muscle dies, it does not come back, so these kids are damaged for
life.
This correlates very highly with the data seen for the increase in
June 14, 2022
Page 19
sudden deaths seen around the world in young athletes since the
injection campaign began. Worldwide data from a 35-year period
before 2006 from something called the Lozaan's (phonetic) study
showed a baseline rate of cardiac deaths in athletes to be about 2.5
per month. Since the MRNA injection rollout, which includes 2021
and 2022 year to date, there have been reported 673 sudden cardiac
deaths in athletes, an average of 42 per month, which is a 14-fold
increase over that baseline rate from the Lozaan's study I cited. This
is a just impossible to ignore.
And when we talk about the possibility of using mRNA-based
vaccines in infant and children under the age of 12, the conversation
begins to turn a bit ludicrous. Massachusetts' pre -release data
revealed zero deaths, zero risk from disability from COVID-19 in
their state, and they keep pretty good data in Massachusetts.
They've got a dashboard. This was in their 5- to 11-year-old group.
And they went on to kindly calculate that one child would have to die
of a complication to the shot for every 300 they injected.
Nevertheless, it was approved for 5- to 11-year-olds by the FDA
anyway. So stay tuned for the post-marketing data on children. It's
not going to be good.
On children less than five, emergency-use authorization release
is expected within the next few days. These youngest children are at
absolutely minimal risk from serious consequences of anything that
they are being pretended to be protected against.
Getting children less than five and infants aboard simply allows
the pharmaceutical companies to include the COVID-19 shots in the
free-from-liability-risk pantheon of regular vaccination schedules
once the emergency-use authorization order expires. And rest
assured, it will not be allowed to expire until they have accomplished
this goal.
So let's shift to grownups for a minute and let me give you some
June 14, 2022
Page 20
post-release data that should interest the adults in this room.
Independent studies from the United States, France, and Turkey
have now identified an aggressive type of Creutzfeldt-Jakob disease
that suddenly and unexpectedly appeared very shortly after injection
of the Pfizer, Moderna, and AstraZeneca products. You probably
know this incurable and almost always fatal neurologic disease by
another name, that of Mad Cow Disease or spongiform
encephalopathy. It's called a prion disease because it creates a type
of rogue protein. Prions occur naturally in the brain and are usually
harmless, but if they become misshapen or folded on themselves, it
creates a cascade of other affected prions that leads to brain tissue
deterioration and deaths.
One of the biggest tragedies of this apparent side effect is that
the progression from onset of symptoms to death is extremely short,
with the French study involving 26 patients showing a 100 percent
death rate within five months.
So, on that happy note, let me close by quoting and commenting
on Pfizer's summary and conclusion. Pfizer states, Pfizer will
continue routine pharmacal vigilance activities on behalf of
BioNTech according to the pharmacal vigilant agreement in place in
order to assure patient safety and will inform the agency if an
evaluation of the safety data yields significant new information for
BNT162b2. That's their patent on mRNA injection.
My comment is to point out that this feel-good term "pharmacal
vigilance" refers to the agreement between Pfizer and the FDA that
all reported complications be given to the FDA.
But as I've pointed out, the FDA before, in this forum, actually,
the FDA is no longer the guardian of American's health but a
captured agency where at least eight former pharmaceutical
executives, mostly from Pfizer, incidentally, are currently installed.
So we all have to be very wary and informed in order to make
June 14, 2022
Page 21
correct decisions at the local level, and for -- and for all of you for
Collier County that involve permission from the FDA regarding
emergency-use authorization needs to be studied very carefully
before recommending to the -- to the people of Collier County what
the best advice is.
Thank you.
CHAIRMAN McDANIEL: Thank you, Doc.
MR. MILLER: Your next speaker is Beth Sherman. She'll be
followed by Greg Lynch.
MS. SHERMAN: Good morning. My colleagues have put on
the record the Pfizer data that has been released for the experimental
COVID-19 injection. They have given written documentation and
provided websites for the general public to go review.
We have come to these chambers many times and spoken on
informed consent or the lack thereof, yet you have chosen to do
nothing. You may think it is out of your purview or jurisdiction, yet
the data is clear, crystal clear. There's absolutely no denying that
these experimental shots are not safe.
Now, I realize, even if you wanted to, you cannot stop its
administration within your boundaries; however, you do have the
responsibility to inform the citizens of this county of its dangers with
the data provided by the manufacturer.
I respectfully request on behalf of all the concerned citizens of
Collier County that you make a public health statement via your
social media and website, and I second the other places that Mr. Scott
Kiley mentioned. We also request that every constituent that
continues to be emailed the propaganda flyer entitled "Know the
Facts, Get the Vax" sent out by Commissioner Taylor that I spoke out
against eight months ago is sent the updated information on the
injections with the real facts. Multiple things on your flyer,
Ms. Taylor, are in that Pfizer data, and I have spoken on them before
June 14, 2022
Page 22
and provided you the data, and you continue to send it out.
According to your own website, you have the, quote,
responsibility of setting policy to protect the health, safety, welfare,
and quality of life of our residents and visitors. Your website also
says under its mission statement that your guiding principles -- it
talks about your guiding principles and values. A few notable ones
that I think are pertinent are honesty, integrity, knowledge, and to be
self-correcting.
If you can set a policy to force businesses to have their
customers wear masks, then you can set a policy for businesses to
provide informed consent with the manufacturer's data on safety
when giving an experimental injection. Is that asking too much?
Because I do not think that it is. How are you going to answers to
God when he asks you what you did to protect your fellow man
during this human experiment? You still have time to do the right
thing. It's not just morality; it's the law. No matter what the
consequences for you in this lifetime on this, I can guarantee that
they will be far less than anything that God has in store for you on the
other end.
With that said, I'd like to say a prayer for you. Heavenly
Father, I ask for define intervention in this matter on behalf of your
children. I ask for you to give these commissioners the strength to
do the right thing, the courage to go against the grain, and provide
informed consent to the citizens of Collier County. In the name of
Jesus we pray. Amen. Thank you.
MR. MILLER: Your next speaker is Greg Lynch. He'll be
followed by Dan Cook.
COMMISSIONER TAYLOR: Just a point of order. That is
not my flyer. That is coming from the Health Department, and it's a
service that I provided the citizens of Collier County as long as I've
put out a newsletter. Thank you.
June 14, 2022
Page 23
CHAIRMAN McDANIEL: Yes, ma'am. I looked at you in
case you wished to reply. When they call you out, I'll be more than
happy to recognize you, so...
COMMISSIONER TAYLOR: Thank you.
MR. LYNCH: Hi. Good morning. My name's Greg Lynch,
and I'm a long-time resident of Collier County, over 30 years, and
registered voter.
The purpose of my talk here today relates to 5G. 5G, for those
that are not aware of it, is emerging frequencies that is related to
basically everything that's been talked about prior to me here.
The purpose of me coming here is educational. I have
delivered -- I hand-delivered to the members of the Board a 35-page
packet back on May 4th, and I've also had emails on May 31st,
May 7th, and June 13th. Again, this is educational. I'm not here to
yell and scream, but it's very important to know what's going on,
because all of this stuff is interrelated, and the end game is these
beams coming down from up above, these beams that are coming
from cell towers.
I'm aware of a couple -- I'm a real estate appraiser, a commercial
appraiser of shopping centers, warehouses, things of that nature. I
won't go under the hood, but I've noticed some bad situations
regarding health to humans.
Here's the deal: The COVID-19 injections -- or we're just
going to call it a vaccine -- it's not a vaccine because it does not
prevent transmission, okay. So the government changed the
definition of vaccine, but that's a little sidebar to 5G.
I encourage you to go to a certain website. I think that you-all
have it in the materials that I've provided. For the record, it's called
timetofreeAmerica.com/revelation. Again, I'll repeat that. Time,
t-i-m-e, to, t-o, free America.com/revelation. I've got 30 seconds
left?
June 14, 2022
Page 24
CHAIRMAN McDANIEL: That's correct.
MR. LYNCH: Okay, gentlemen. General Michael Flynn, you
may know him, had insisted on putting together parts of this timeline
that is at this web page. The web page has a timeline from 2010 to
today. It summarizes all the patents regarding 5G that are very, very
nefarious.
CHAIRMAN McDANIEL: Thank you, Greg.
MR. LYNCH: Thank you for your call -- your time.
CHAIRMAN McDANIEL: Yes.
MR. MILLER: Your final speaker under public comment is
Dan Cook.
MR. COOK: Good morning, Chair. Good morning, Board.
CHAIRMAN McDANIEL: I think you owe me a phone call,
don't you?
MR. COOK: I think I do.
The checks and balances of the Constitution of the United States
of America are not just limited to the three branches of government:
The legislative, executive, and judicial. I believe the checks an d
balance is to make sure the government does not grow too big or too
powerful, extend the state's rights in Article VI, amending the
Constitution in Article V, and the oath of office clause in Article XI.
Additionally, the Bill of Rights protects [sic] protections for we
the people, but only if we know how to exercise those rights.
So on behalf of 131 Florida citizens in Collier County, 21 in Lee
County, three in Palm Beach, two in Broward, two in Orange County,
one each from Dade, Sarasota, Glades, DeSoto, and Manatee County,
plus one gentleman from New York, I'd like to submit this petition to
the Florida legislature to restore gold- and silver-backed currency.
I'd like to go ahead read this into the record. So, whereas,
Article I, Section 10, Clause 1 of the Constitution for the United
States of America states in part that no states shall make anything but
June 14, 2022
Page 25
gold and silver, a coin, in tender for payment of debts.
Whereas, the devaluation of the U.S. dollar through inflation and
through the removal of the U.S. dollar as the world's reserve currency
by several other nations poses a threat to the American people and the
American economy. The undersigned here are opposed to the great
reset promoted by Klaus Schwab and the World Economic Forum
and are against a digital dollar or digital currency that is not backed
by gold or silver;
So, whereas, the American people seek the restoration of a
gold- and silver-backed constitutional currency operating out of the
U.S. Treasury and not a private central bank, we the people formally
petition our state legislators, Bob Rommell, Lauren Melo, David
Borrero, and Senator Kathleen Passidomo, to pass a resolution calling
on the U.S. Congress to reject a digital dollar, to abolish the Federal
Reserve private banking system, and to return the authority to coin
money to the U.S. Treasury, and implement a gold- and silver-backed
U.S. dollar immediately.
It's my belief that a lot of the inflation that we are experiencing
and feeling right now is due to our monetary policy, so I'm
submitting this petition to our legislators to start this conversation
about how do we get back to a gold- and silver-backed currency,
which I think is one of the solutions.
And with my remaining 40 seconds, we've also got a petition to
Governor Ron DeSantis to send the Florida State Guard to help
secure our southern border. Whereas, Article II, Section 3, Clause 4
of the Constitution states that the President shall take care that the
laws be faithfully executed;
Whereas, Article IV, Section 4 of the Constitution states the
United States shall guarantee to every state in this union a Republican
form of government and shall protect each of them against invasion;
Whereas, the actions of the Biden Administration have resulted
June 14, 2022
Page 26
in an un-secure southern border by failing to faithfully execute the
laws of the Constitution.
Therefore, we the people lawfully and formally petition the
Florida governor, Ron DeSantis, to exercise our rights under the
Constitution, the Bill of Rights, and the spirit of the Declaration of
Independence to commit Florida State Guard to stop the invasion of
illegal immigration.
Thank you.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: That's it.
CHAIRMAN McDANIEL: With that --
MR. MILLER: You're done.
CHAIRMAN McDANIEL: -- we are done.
Now we can go on to Item 8A, I believe. Unless you -- do you
have anything else you want to say?
COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: Okay.
Item #8A – Moved from Item #16K8 (Per Agenda Change Sheet)
RESOLUTION OF DENIAL 2022-107: THE BOARD OF
COUNTY COMMISSIONERS, SITTING AS THE BOARD OF
ZONING APPEALS, DENY THE APPEAL OF THE MARCH 24,
2022, DECISION OF THE HEARING EXAMINER – MOTION TO
APPROVE THE HEARING EXAMINER’S REPORT AS
INDICATED BY THE EXECUTIVE SUMMARY AND TO DENY
THE APPEAL BY COMMISSIONER SAUNDERS; SECONDED
BY COMMISSIONER SOLIS – APPROVED AND RESOLUTION
ADOPTED
MS. PATTERSON: Item 8A, formerly 16K8, is a
June 14, 2022
Page 27
recommendation that the Board of County Commissioners, sitting as
the Board of Zoning Appeals, deny the appeal of the March 24th,
2022, decision of the Hearing Examiner. Staff is here to answer
questions, and I believe the applicant is here as well.
CHAIRMAN McDANIEL: Right. Who wants to go first?
Staff or you? Yes, let's have staff go first, and then we'll have the
applicant speak.
MR. KLATZKOW: Well, let me give -- let me just give a brief
background to this, if I might.
CHAIRMAN McDANIEL: Yes.
MR. KLATZKOW: We had a hearing before the Hearing
Examiner, the HEX officer, Andrew Dixon [sic], and the core of it
was a comparable-use determination, whether or not a car wash was a
comparable use within the PUD.
The PUD, however, did not specifically provide for a
comparable-use determination, which is one of the issues on appeal.
During the HEX proceedings, a rival car wash, I believe he's
within a mile down the road, raised objections to the process
primarily based on economic concerns.
The attorney for the car wash took the position that the HEX did
have the ability to hear the comparable-use determination. The HEX
went through the materials, had the hearing, and then ruled in favor
of the applicant.
An appeal was filed by a new set of attorneys who brought up
different issues than what was heard during the HEX.
It came to my office. I reviewed it. I gave it separately to two
other assistant county attorneys for their independent review, and
three of us came up with the same conclusion that the applicant did
not have standing to bring the suit nor did any of the issues rise to an
appealable issue.
By "standing," I mean that, typically speaking, only parties to a
June 14, 2022
Page 28
proceeding can appeal an adverse decision. The parties here would
have been the applicant or the county. In land use matters, there's a
small group of people who have special interest who may bring an
appeal. It is our view that this does not fall within the scope of the
present applicant. This is simply one competitor trying to keep
another competitor out of business, which we believe is a matter of
law. It does not give them the ability to appeal a decision.
It is my belief that whatever decision you would make today,
should you decide to hear this thing, is going to be appealed anyway.
But this is essentially a private dispute between two private
enterprises best resolved by the courts.
CHAIRMAN McDANIEL: And on that note, you brought up
a -- you brought up a subject I'd like to talk with my colleagues
about. Personally, I don't want to hear this today. I was asked to
bring it up off the consent agenda by the applicant. I would consider
us to maybe -- if we choose to hear it, that we should note -- because
it was on our consent agenda, and it's then been brought up for
discussion. I would rather we continue this item, actually have an
actual formal hearing on it with all parties to present and hear, again,
from our County Attorney with regard to his opinion. That would be
my preference as to how we move forward.
The removal out of the consent agenda is a notification that we
are recommending denial of the Hearing Examiner's opinion, and I'm
not prepared today to make that recommendation. I haven't
reviewed nor heard nor sought all of the information available. So
I'd like to hear -- and I've got a couple of you lit -- actually, both my
lawyers are lit up. So, Commissioner Saunders.
COMMISSIONER SAUNDERS: First of all, I didn't ask this
to be withdrawn from the consent agenda because I disagreed with
the staff recommendation or the HEX conclusion. I thought that we
needed to discuss a couple items.
June 14, 2022
Page 29
The County Attorney's gone through the issue of standing and, I
think, did a nice job explaining that, and I don't disagree with that.
Generally speaking, that would be the end of the story. If somebody
doesn't have standing, they can't be here today to talk about a matter
that they don't have standing to discuss; however, I am curious, and
this is the reason why I was willing to pull this off the agenda. In the
comparable-use determination, the PUD does not have any language
in there dealing with comparable-use determinations. Just as a
matter of policy, do we apply that type of comparison in matters
where the PUD does not have specific language authorizing that?
MR. KLATZKOW: What I've been advised by staff, and
Mr. Bosi can correct me if I'm wrong -- is that staff has historically
taken the position they can use comparable use within PUDs that do
not specially have a comparable-use provision.
COMMISSIONER SAUNDERS: If Mr. Bosi will confirm that,
that helps me. And second question for Mr. Bosi is, what use in the
PUD was considered comparable to the car wash?
CHAIRMAN McDANIEL: To make the determination?
COMMISSIONER SAUNDERS: Correct.
MR. BOSI: Good morning. Mike Bosi, Planning and Zoning
director.
Staff has taken that position that within a PUD, even though
they do not have the specific language of a comparable use as
determined by the County Manager or designee or the BZA, on the
screen, I point you to a correspondence. This was before I rejoined
the county. But it was specifically related to the Sabal Bay
comparable-use determination that was approved by the Hearing
Examiner eventually.
And it's from -- it's from Ray Bellows to Derek Perry -- Derek
Perry, an assistant County Attorney -- in asking about the question of
does the PUD need to have that comparable-use language? And it
June 14, 2022
Page 30
says, based upon the discussion with Anita and Laura today, I can
confirm that the LDC Section 10.02.06, which is K, which is the
comparable-use section, has been interpreted to allow for the CUD
process as a comparable-use determination process to apply to all
PUDs' ordinances regardless of the list of permitted-use language.
As you know, the LDC was specifically amended to add specific
review standards to determine whether the use is comparable in
nature with the list of permitted uses.
And I would remind the Board of County Commissioners, after
the food truck hearing, there was a directive from the Board to
modify the comparable-use determination when you have a straight
zoning category to make that a specific -- a conditional use so it's
only applicable to that parcel of land. But the Board did provide
clarifications. They said, for PUDs, continue utilizing the
comparable-use determination as the appropriate way to add uses,
because it's localized only to that specific PUD. So that further
enhances.
That is going to be coming to the Planning Commission and the
Board of County Commissioners, that LDC amendment, that's going
to provide for clarification that the -- an individual PUD does not
have to have that specific language.
And in the Artessa PUD, there are -- it allows department stores;
it allows car -- or it allows gas stations; it allows gas stations with car
washes. And the way that you go about doing a comparable-use
determination, you look at the range of uses that are within a PUD.
CHAIRMAN McDANIEL: One second. Can I interrupt you?
MR. BOSI: Yeah.
CHAIRMAN McDANIEL: I think we're all quite familiar with
how we actually discern a comparable use. Did I hear you say that
the current PUD allows for gas stations with a car wash?
MR. BOSI: Correct. So this request was for a stand-alone gas
June 14, 2022
Page 31
station [sic]. So comparing the --
CHAIRMAN McDANIEL: Stand-alone car wash.
MR. BOSI: I'm sorry.
So comparing a stand-alone car wash in terms of trip generation
compared to a department store, it's pretty clear that the department
store is much more intense than a stand-alone car wash. A gas
station with a car wash compared to a stand-alone car wash, the gas
station with a car wash will generate more traffic. That's basically
the essence of what -- that comparable-use determination.
And as stated, the objections from the competing car wash was
not about -- was not about it lacked the merits or substance of the
issue, that it didn't meet the comparable-use determination criteria; it
was about competition, and that is not what our zoning regulations
were intended for in that regard.
So any other questions that the Board may hav e?
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, that answers
all the questions I had. I'm -- I know we have the petitioner or the
objector here, their attorney. I met with Mr. Lombardo yesterday for
quite some time to talk about this, and I know he's well prepared.
He's provided us some very substantial information concerning this.
But I'm prepared to go ahead and agree with the HEX based on
two things: One is the issue raised by the attorney that there is no
standing, which means we can't hear this anyway if there's no
standing. I think the real issue is do we agree with that -- if there is
no standing, then that's the end of the story. But I'm also just curious
about this comparable-use determination. I wanted to make sure that
we were on solid ground on that issue even if there was no standing.
So I think the issue that we can take up immediately is do we
agree that there's no standing. And if we agree there's no standing,
then the motion would be to accept the staff report and the HEX
June 14, 2022
Page 32
Examiner's report.
So I guess I would poll the Board as to do you agree that there's
no standing? In which case, we move forward. We move on.
CHAIRMAN McDANIEL: Do you want to do that before we
hear from the --
COMMISSIONER SAUNDERS: Yeah.
COMMISSIONER TAYLOR: Commissioner Solis.
CHAIRMAN McDANIEL: I understand he's down there. I
got it.
COMMISSIONER SAUNDERS: Yeah, I think that's a legal
issue.
CHAIRMAN McDANIEL: I'm just asking the question.
COMMISSIONER SAUNDERS: I think that's a legal issue,
and I would make the motion that we proceed -- we accept the HEX
Examiner's report as indicated by the executive summary that was on
consent agenda based on the attorney's position that there is no
standing.
COMMISSIONER SOLIS: And I would second that.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded. And as a matter of discussion, Commissioner Solis, you
were lit up with comments.
COMMISSIONER SOLIS: Commissioner Saunders very
eloquently, I think, addressed all the issues. The threshold issue is
whether or not there's standing, and I agree with the County
Attorney's analysis of it; there is no standing. So I seconded the
motion on that basis.
CHAIRMAN McDANIEL: Gotcha. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, I asked to have it
pulled off the consent agenda much for the same reasons I think
maybe all you did as well, or maybe not. I mean, my reasoning was
I wanted to get some of these discussions on the record and also give
June 14, 2022
Page 33
us a chance to, you know, speak in public.
And I had a long discussion with Mr. Klatzkow yesterday. I
spoke with Mr. Lombardo on Friday for quite some time, and
Mr. Bosi gave me a very thorough presentation in my office
yesterday, much like I'm sure he did, you know, for all of you.
I guess the question I have is with the counsel here from the
applicant, does it really cost us anything to hear from the applicant at
the microphone, or does that open up a whole bag of worms by
having them take the mic? And I think I know the a nswer to that,
but I just want to hear what my colleagues --
COMMISSIONER SAUNDERS: I have no problem with
hearing from Mr. Lombardo on the standing issue and --
CHAIRMAN McDANIEL: Well, the standing, and then I have
a question with regard to jurisdiction, too. There were some
discussions with regard to the jurisdiction with regard to the process.
That's my question.
MR. KLATZKOW: Yes. They're arguing that the Hearing
Examiner did not have subject-matter jurisdiction because the PUD
did not have the provision that you could use a comparative-use
determination.
CHAIRMAN McDANIEL: Right.
COMMISSIONER LoCASTRO: I mean, I would just contend
that I would support hearing from Mr. Lombardo not just because of
this particular issue, but these things are going to come up again, so
this is a good education for all of us. I don't want to open up a bag
of worms or, you know, go down a rabbit trail and, you know, we're
talking about this for the next two hours. But if having him here and
giving him, you know, whatever the time he's allowed at the
microphone might help us sort of understand both sides of the
issue -- I don't know that it's going to necessarily sway our vote,
because I also agreed, after hearing from the staff, that the right
June 14, 2022
Page 34
processes and procedures were followed. But it did beg a few
questions, and I think that's why we all sort of pulled it off.
CHAIRMAN McDANIEL: Okay. Do you want to hear from
him?
COMMISSIONER SAUNDERS: Sure, absolutely.
CHAIRMAN McDANIEL: Mr. Lombardo, please.
MR. LOMBARDO: Thank you very much. Zach Lombardo,
for the record, on behalf of the appellants.
I'm going to start -- well, I guess I will only address standing.
The case cited by County Attorney's Office is the Florida Supreme
Court's decision in the Albertson's case, and I think to help
understand why we have standing is looking at the preceding
Albertson's case. So Albertson gets in two legal battles in the '70s
about siting locations. One is about a pharmacy, and one is about a
liquor store. In the pharmacy case where they found there was no
standing, at the land-use hearing, Albertson's tied its arguments to
traffic impacts, competition, "you can't put a CVS across from my
Walgreen" style argument, and the Second District Court of Appeal
rightly said, that's right, no standing.
In the liquor store case, however, this goes up to the Supreme
Court. This is the case cited in the executive summary. The
determination was that because the liquor stores are heavily regulated
and have locational requirements, a land-use decision does give
standing to other liquor store owners because it precludes them,
which, of course, your reaction would be, but this is not a liquor
store, and we don't regulate how many car washes are in Collier
County. That's true, but what is the case here is that the land-use
regulations of the Artessa PUD made it so that you could not put a
car wash -- a stand-alone car wash in that PUD.
The Hearing Examiner -- the applicants in the appeal, the
appellants, put on the record that they had considered that site as a car
June 14, 2022
Page 35
wash, chose not to buy that site because you couldn't put a car wash
there under the code, and then purchased a site down the road on 951
within a mile at a premium, because they knew they could build a car
wash there, and they knew that there couldn't be a car wash at Artessa
without a rezone.
And instead of following the rules -- and I take issue with the
representation from staff, because there's a staff report that was in my
appeal from January where the exact opposite statement is made,
where staff says, Planned Unit Developments, only when Planned
Unit Developments contain specific provisions respective to the
ordinance.
So I see that there's an email from Mr. Perry, but there's a staff
report to you-all from January of '22 proposing an amendment to the
comparable-use process that is completely at odds with that
statement.
And so the standing here is that we -- it's not, hey, you're
increasing traffic, hey, you're taking my customers. It's, hey, you're
not requiring them to follow the code. You're allowing them to do a
rezone in front of the Hearing Examiner, which is not possible, and
it's a subject-matter jurisdiction issue.
So I think we do have standing because we fall more in the
Albertson's liquor store analysis than the Albertson's pharmacy
analysis.
CHAIRMAN McDANIEL: And there's a question from
Commissioner Taylor.
COMMISSIONER TAYLOR: And who authored that staff
report?
MR. LOMBARDO: There is no -- I can put it on the document
thing here. There's no author on it.
CHAIRMAN McDANIEL: It's called a visualizer.
MR. LOMBARDO: The visualizer.
June 14, 2022
Page 36
CHAIRMAN McDANIEL: Fancy name for a "document
thing."
COMMISSIONER TAYLOR: That's an old-fashioned name.
MR. LOMBARDO: Sorry, the visualizer.
COMMISSIONER TAYLOR: You've got to turn it on.
MR. MILLER: No, no. I've got it. It's fine.
CHAIRMAN McDANIEL: Don't push any buttons. Troy's
got control.
MR. LOMBARDO: So this is the staff report that's
accompanying the Land Development Code change that's currently
pending about comparable uses as a result of the food truck decision.
The second paragraph here, it's describing when the CUDs can
currently be used, and this is in direct contradiction to what was just
told to you.
Then if I may turn to the second page. This is what the
recommended go-forward basis is, which essentially is, you'll be able
to do the conditional-use style approval where it's not specified, but
then in PUDs going forward where they say you can do this, you will
do a comparable use in front of the Hearing Examiner.
So what I'm confused about is, does this -- is this wrong then?
CHAIRMAN McDANIEL: Do you want to go first, or do you
want to hear from Mr. Bosi?
COMMISSIONER SOLIS: I just wanted to say that the
issue -- I still don't think that the argument's that's being made goes to
the standing issue.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: Right? I mean, that's an issue as
to how the conditional-use process would apply to this PUD, but that
doesn't address whether or not a landowner down the road outside of
the PUD has standing.
CHAIRMAN McDANIEL: Right.
June 14, 2022
Page 37
COMMISSIONER SOLIS: So we're still --
CHAIRMAN McDANIEL: We're still on this standing.
COMMISSIONER SOLIS: The hurdle's still there, and they
haven't gotten over.
CHAIRMAN McDANIEL: We're still on the standing issue,
not the jurisdictional side, yes.
Mr. Bosi.
MR. BOSI: Thank you, Chair.
I just wanted to provide a clarification. And I know it wasn't
intentional. That's not an executive summary. That was the writeup
to the amendment that I had discussed earlier that was coming
eventually before you. That was authored to the DSAC
subcommittee. That's the first step in the amendment process.
After the DSAC subcommittee, the amendment will go to the full
DSAC, and then from that it will go to the Planning Commission and
then, ultimately, it will be presented within an executive summary to
the Board of County Commissioners. I just wanted to provide that
clarification.
CHAIRMAN McDANIEL: Any other questions?
(No response)
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we deny the applicant's request for appeal in this
particular instance and overriding the Hearing Examiner's opinion
based upon standing.
COMMISSIONER LoCASTRO: Can I just make one short
comment before we --
CHAIRMAN McDANIEL: Sure.
COMMISSIONER LoCASTRO: And this doesn't kill it much,
regardless of how we vote. I mean, much like the food truck park
issue, that applicant had, then, the right to move forward. I mean,
Mr. Klatzkow and I had a long discussion about this yesterday about,
June 14, 2022
Page 38
you know, we're not just here being Ogres shutting it down. I mean,
as counsel, then you have the opportunity, correct me if I'm wrong, to
move forward in a different lane to challenge it if you think our
decision here isn't correct, much like we told the food truck applicant.
So I'm correct there, right? This isn't the last step, and we're making
some final decision?
MR. KLATZKOW: Correct. This is the exhaustion of their
administrative remedies to allow them to go to court.
CHAIRMAN McDANIEL: It's been moved and seconded that
we deny the appeal. 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 #9A
ORDINANCE 2022-23: AN ORDINANCE AMENDING
ORDINANCE NUMBER 08-41, THE FIRST ASSEMBLY
MINISTRIES EDUCATION & REHABILITATION CAMPUS
MPUD, AS AMENDED, TO CHANGE THE NAME OF THE
MPUD TO COLLIER BOULEVARD LORD’S WAY MPUD; TO
REMOVE THE DAYCARE USE AND ALLOW THE CHURCH
USE AS AN INTERIM USE FOR UP TO 5 YEARS; TO
INCREASE THE NUMBER OF DWELLING UNITS FROM 306
June 14, 2022
Page 39
UNITS TO 690 UNITS WITH 76 AFFORDABLE HOUSING
UNITS; AND TO REALLOCATE THE USES, REVISE THE
DEVELOPMENT STANDARDS AND THE PUD MASTER PLAN
FOR THE PUD PROPERTY CONSISTING OF 69± ACRES
LOCATED ON THE NORTHEAST CORNER OF THE
INTERSECTION OF COLLIER BLVD. (C.R. 951) AND
HACIENDA LAKES PARKWAY, FORMERLY LORD’S WAY, IN
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN
EFFECTIVE DATE – MOTION TO APPROVE
W/STIPULATIONS BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER MCDANIEL – ADOPTED
Item #9B
ORDINANCE 2022-24: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05,
AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, SPECIFICALLY AMENDING THE
FUTURE LAND USE ELEMENT AND MAPS TO CHANGE THE
MIXED USE DISTRICT, COLLIER BOULEVARD COMMUNITY
FACILITY SUBDISTRICT; TO INCREASE THE MAXIMUM
DWELLING UNITS FROM 306 TO 690 WITH SOME
AFFORDABLE HOUSING; TO REMOVE CHILDCARE
FACILITIES AS AN ALLOWED USE AND ALLOW THE
CHURCH TO CONTINUE AS AN INTERIM USE FOR UP TO 5
YEARS, AND FURTHERMORE DIRECTING TRANSMITTAL
OF THE ADOPTION AMENDMENT TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT
PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF
THE INTERSECTION OF COLLIER BOULEVARD AND
June 14, 2022
Page 40
HACIENDA LAKES PARKWAY, FORMERLY KNOWN AS
LORD’S WAY, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE
26 EAST, CONSISTING OF 69± ACRES - MOTION TO
APPROVE W/STIPULATIONS BY COMMISSIONER
LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL –
ADOPTED
MS. PATTERSON: Items 9A and 9B are companion items that
were continued from the May 24th, 2022, BCC meeting. Each
require that ex parte disclosure be provided by the commission
members and that the participants be sworn in. I'll read both of them
in, and then we can do the swearing in.
Item 9A is a recommendation to approve an ordinance amending
the First Assembly Ministries Education Rehabilitation Campus
MPUD as amended to change the name of the MPUD to Collier
Boulevard Lords Way MPUD, to remove the daycare use, and allow
the church use as an interim use for up to five years, to increase the
number of dwelling units from 306 to 690 units with 76 affordable
housing units for the PUD property consisting of 69 plus-or-minus
acres located on the northeast corner of the intersection of Collier
Boulevard and Hacienda Lakes Parkway.
Item 9B is an ordinance of the Board of County Commissioners
amending the Collier County Growth Management Plan, specifically
amending the Future Land Use Elements and maps to change the
Collier Boulevard community facility subdistrict to increase the
maximum dwelling units from 306 to 690 with some affordable
housing, to remove childcare facilities as an allowed use, and allow
the church to continue as an interim use for up to five years and,
furthermore, directing transmittal of the adoption amendment to the
Florida Department of Economic Opportunity.
The subject property, again, located at the northeast corner of
June 14, 2022
Page 41
the intersection of Collier Boulevard and Hacienda Lakes Parkway.
Mr. Bosi will present, along with the applicants for the project,
and all need to be sworn in.
CHAIRMAN McDANIEL: With that, we're going to do the
swearing in first and then our disclosures, and then we'll go on.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN McDANIEL: And disclosures, Commissioner
Solis.
COMMISSIONER SOLIS: Yes. I've had conversations with
Mr. Yovanovich about this application.
CHAIRMAN McDANIEL: Mr. LoCastro.
COMMISSIONER LoCASTRO: I've had meetings, emails,
and phone calls.
CHAIRMAN McDANIEL: I bet you have.
Commissioner Taylor.
COMMISSIONER TAYLOR: I've had meetings,
correspondence, and phone calls.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: The same here; I've had
meetings and correspondence and emails concerning the project.
CHAIRMAN McDANIEL: And I as well, just meetings and
correspondence.
So with that, good morning, sir.
MR. YOVANOVICH: Good morning. For the record, Rich
Yovanovich.
Historically when something's been on the summary agenda, I've
offered you the opportunity to avoid a full presentation and just ask
the person who pulled the item if we can just address those concerns.
I'm happy to either do a full presentation of the petition, or we can
talk to Commissioner Taylor, who I believe was the person who
pulled it, and try to address her concerns. It's up to the pleasure of
June 14, 2022
Page 42
the Board, whatever you prefer.
CHAIRMAN McDANIEL: What do you prefer?
COMMISSIONER TAYLOR: I'm fine. We -- you know,
we've heard a presentation, so I think --
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: And my concerns, of course.
So it's the --
CHAIRMAN McDANIEL: So we don't need to have a full
presentation is what I'm hearing from Commissioner Taylor.
COMMISSIONER TAYLOR: Okay. Good. So do you want
to --
MR. YOVANOVICH: Sure.
COMMISSIONER TAYLOR: We've talked. You and I have
talked. It's the -- what I consider not -- let me phrase it this way:
You've done everything that staff has asked you to do.
MR. YOVANOVICH: And the Board.
COMMISSIONER TAYLOR: And the Board, as directed by
the Board. But given the crisis that we're in for affordable housing,
it came very clear to me that when you're doubling the density and
you only have 70-some-odd affordable housing income-based
housing, it wasn't enough.
In our conversation, you said that you would be presenting some
numbers of what the actual accurate affordable income -based housing
is in the whole 690 units.
MR. YOVANOVICH: Right.
COMMISSIONER TAYLOR: I would like that number.
MR. YOVANOVICH: The overall -- the request, just for the
public, was when we went to the transmittal hearing for the Growth
Management Plan amendment, we initially asked for a 10 percent
income restriction. The Board directed us to work harder and get to
a 20 percent income restriction, which we got to the 20 percent
June 14, 2022
Page 43
income restriction, brought back the Growth Management Plan and
the PUD with that 20 percent income restriction, went to the Planning
Commission, unanimous recommendation of approval. To the credit
of Naples Lakes Country Club, who's in the vicinity of several
projects, they've actually spoken at several of the hearings regarding
increasing the density in this corridor and recognized the need to
have more income-restricted housing, because they benefit from it as
well as the community. So you can see there's no objectors from the
community here for the proposed increase in density.
So, overall, as you remember, this PUD is an older PUD. It
had -- it has an existing apartment complex in it. That existing
apartment complex had a requirement that 147 of those units be set
aside and offered to essential service personnel, and it further had as
60 percent of those -- I'm sorry. It had 60 units of the original units
income restricted as well. So a total of 136 of the 690 total units
have an income restriction, which is 19.7 percent.
So I guess the existing project had slightly less than 20 percent
requirement. We've met what you've asked us to do, which is the
20 percent income restriction for this. Overall, the PUD is close to
an overall 20 percent, recognizing that that's an older PUD with a
much higher requirement, 147 of those units, to be set aside for
essential service personnel.
So I think that this project has -- is furthering your goal of
providing more income-restricted housing not only in Collier County
but in an area where there still is vacant land to do that. And the
Planning Commission agreed with that, and staff agreed with that,
and we're hopeful that the Board of County Commissioners would
agree with that. But those are the statistics for the entire PUD.
CHAIRMAN McDANIEL: Did he answer your question?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: Okay. My interpretation of the
June 14, 2022
Page 44
question was what delineation of housing affordability on a
percentage basis is the project providing?
MR. YOVANOVICH: For the entirety --
CHAIRMAN McDANIEL: Yes.
MR. YOVANOVICH: -- is 19.7 percent.
CHAIRMAN McDANIEL: Twenty percent. But at
what -- and maybe I'm not asking the question correctly.
COMMISSIONER TAYLOR: The number?
CHAIRMAN McDANIEL: Yeah. I want to know -- I mean,
you already said that there's --
MR. YOVANOVICH: How many numbers?
CHAIRMAN McDANIEL: What are the percentages? Is it
80 percent of AMI up to 120?
MR. YOVANOVICH: Okay. I'm sorry.
CHAIRMAN McDANIEL: That's what I'm looking for.
MR. YOVANOVICH: There's -- in the current 20 percent that
we're going forward with, it's 120 and below.
CHAIRMAN McDANIEL: Hundred and 20 and below?
MR. YOVANOVICH: Yes. That's the current.
CHAIRMAN McDANIEL: And is there a restriction on the
time frame for that holding for --
MR. YOVANOVICH: Forever.
CHAIRMAN McDANIEL: -- availability? Forever.
MR. YOVANOVICH: Well, 30 years. Let me rephrase that.
For the rest of my life, 30 years.
CHAIRMAN McDANIEL: I understand the 30-year hold is in
place. But you won't --
COMMISSIONER SAUNDERS: It seems like forever.
MR. YOVANOVICH: It does seem like forever.
CHAIRMAN McDANIEL: There have been -- there have been
projects that have come through. There was a period of time when
June 14, 2022
Page 45
the --
MR. YOVANOVICH: Yeah, we -- I'm sorry. I was
confirming with my client. These are the -- remember the question
was, can we then -- is there a period of time that we can market them,
and if we can't get -- these stay vacant.
CHAIRMAN McDANIEL: That's what I wanted to hear.
MR. YOVANOVICH: They stay vacant until we fill the unit.
CHAIRMAN McDANIEL: That was where I was going, and --
MR. YOVANOVICH: I thought so. I just wanted to confirm
that.
CHAIRMAN McDANIEL: I'm good.
Are you okay, Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah. The other -- one more
thing I'd like to address is the size of the apartments. You've
reduced them from, what, 7- or 800 to 600 feet, I think. And so
you're building -- square feet. So who do you anticipate would be
renting those, the rental apartments, not buying? Who is going to
rent those?
MR. YOVANOVICH: I assume that the smaller units are
probably going to be for people who are probably new to Collier
County, probably younger professionals, similar to me when I first
got here; I rented a one-bedroom apartment.
So I would anticipate that it will probably be younger
professionals, but it may be somebody who's relocating from the
north who might be a little bit older who is looking for a smaller unit.
I don't know for sure, but I would think that that's -- there's been a lot
of discussion about bringing the size of some of these units down
because less square feet means less rent, which makes it more
affordable to more people in the population. So it could be anybody,
but I would imagine it's probably going to be attractive to younger
professionals.
June 14, 2022
Page 46
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: That raises kind of an
interesting question, because if you have a 600-square-foot unit that's
available to people earn 120 percent or less of the median income,
what kind of rents do you charge for that apartment? Because
typically we've had, I guess, 1,100, 1,200-square-foot apartments.
MR. YOVANOVICH: I think typically you're at the 700, 750
for a one-bedroom. So you're talking about average when you're
doing the ones, twos, and threes, it's probably the number you're
referring to. But the ones have usually been 7-, 750 as far as the
square feet goes.
COMMISSIONER SAUNDERS: All right. So this really is
just -- I want to make sure that from a staff perspective that the
restrictions on all of those units, the 19.7 percent of the overall
project, that those units are really there for this purpose and can't be
used for other purposes, so --
MR. YOVANOVICH: Commissioner Saunders, I can only
commit to that on the second half of the project. I don't know that
that's a requirement for the first half of the project.
COMMISSIONER SAUNDERS: So is there anybody from our
staff that knows -- or can just advise on the record that there's a
mechanism in place to make sure that these units continue to be used
in that way?
MR. BOSI: Mike Bosi, Planning and Zoning director.
In conversation with Kristi Sonntag and Jake LaRow, they
have -- they've maintained monitoring of the Milano's apartments,
which is the apartment complex originally developed for the first
commitment for affordable housing, and they have been participating
within the restriction and the arrangement of the 20 percent that's
going to be for the 80 to 120. So those have been -- those previous
June 14, 2022
Page 47
commitments have been provided for, will be maintained in the
future and, as they develop the second portion of those project, will
maintain the 20 percent as appropriate.
MR. KLATZKOW: And just for the record, Commissioner
Saunders, to get to your point. Richard, I take it that the owner of
the complex will allow the county or the county clerk to audit the
records to ensure?
MR. YOVANOVICH: Absolutely. It's going to be -- we
envision it's going to be an annual PUD monitoring requirement that
we have to show you either we fully rented those units or we have
them vacant and available.
CHAIRMAN McDANIEL: Outstanding.
COMMISSIONER SAUNDERS: Do we need to add that?
MR. YOVANOVICH: You can if you want to, but I know it's
a typical condition that we could probably --
MR. BOSI: It couldn't hurt, but it's a typical obligation that's
associated with these commitments.
COMMISSIONER SAUNDERS: Why don't we just, as a
general --
MR. KLATZKOW: It should be put in.
COMMISSIONER SAUNDERS: Add that language into the
PUDs from this one and all of them going forward that have this
commitment.
CHAIRMAN McDANIEL: And I think that's a fine way for us
to actually start picking up some of the things that Commis sioner
LoCastro found with some of our previous monitoring efforts and
how folks were managing these commitments, so that's a fine way to
go.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I was just going to
say, I mean, this is in District 1. I've had, you know, quite a few
June 14, 2022
Page 48
town hall meetings with the people that live in the surrounding area.
And, you know, we're trying to find balance here. It's great to bang
on the table -- and nobody is, literally -- about more affordability.
You know, is it 19 percent? Is it 20? How about 25? Can we get
27 out of the developer? And the reality is, we're trying to find a
balance and cohesion in that community. You know, there's
all -- for every person that is supportive of affordable housing, you
know, and is a disciple of it, there's plenty of people that live around
that area that aren't.
I actually am pleased with the level that we've gone to here.
But the question I have for you, Mr. Yovanovich -- and it's probably
redundant, but it's more for the record. I guarantee you, after this
meeting, we're going to get emails -- I will, especially -- saying your
math doesn't work out. How do you build 790 units? You brag
about 20 percent, and then, you know, it comes out to 76 affordable
units.
Explain to the general public with some simple math how that
number came out. Because I remember being asked that at a couple
of town halls and explaining it, but I want to hear it in your words
with simple math that -- we actually do own a calculator -- the
number -- how the numbers work and where the 76 come
from -- comes from.
MR. YOVANOVICH: The 76 comes from the new units that
are being added, which is 384 units. That's what's being added to the
PUD today. Twenty percent of that number is 76.
COMMISSIONER LoCASTRO: Right. So the previous units
had no percentage of affordability?
MR. YOVANOVICH: They did. Well, they didn't have
percentages. They had hard numbers.
COMMISSIONER LoCASTRO: Hard numbers, right, okay.
So, I mean, when you add that together, it just -- I wanted to get that
June 14, 2022
Page 49
on the record because I know that I've already had notes from some
people that say that, gosh, I can't believe you're saying yes to almost
700 units and only 76, and then everybody's bragging about
20 percent. And it's understanding that it's not 20 percent of the
bigger number. It's the added number of units.
MR. YOVANOVICH: It's a total of 136 --
COMMISSIONER LoCASTRO: Absolutely.
MR. YOVANOVICH: -- when you consider the entire PUD.
CHAIRMAN McDANIEL: That's what he was wanting to
hear. Thank you.
Yep, that's what I wanted to hear.
MR. YOVANOVICH: I just want to make sure that's on the
record because people are saying 76. It's 136 in the entire piece.
CHAIRMAN McDANIEL: Yes, sir. That's close to
20 percent of the 600 TPC. All right.
MR. YOVANOVICH: Yes.
CHAIRMAN McDANIEL: All right. There are no other
further questions. Any questions of staff? I'll call for a
recommendation.
COMMISSIONER LoCASTRO: Motion to approve.
CHAIRMAN McDANIEL: And I'll second it.
MR. YOVANOVICH: Is that for both items?
CHAIRMAN McDANIEL: And you want to do them all in
bulk, 9A and B?
COMMISSIONER SOLIS: Are there any speakers?
MR. KLATZKOW: With the provision that we're adding the
section on the auditing.
CHAIRMAN McDANIEL: Of course. I mean, that -- I would
assume. Are you okay with that?
MR. YOVANOVICH: Yes.
CHAIRMAN McDANIEL: Then we're going to approve 9A
June 14, 2022
Page 50
and B in bulk. Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. YOVANOVICH: Thank you.
Thank you.
Item #10A
SUMMARY REPORT ON THE ACTIONS OF THE FLORIDA
LEGISLATURE REGARDING SB 2-D, RELATING TO
PROPERTY INSURANCE REFORMS AIMED TO ALLEVIATE
RISING PROPERTY INSURANCE COSTS, INCREASE CLAIM
TRANSPARENCY, AND TO PROVIDE AN ASSISTANCE
PROGRAM TO HARDEN HOMES AGAINST STORMS -
PRESENTED AND DISCUSSED
MS. PATTERSON: Commissioners, Item 10A under the
Board of County Commissioners is a recommendation to hear a
summary report on the actions of the Florida legislature regarding
SB 2-D relating to property insurance reforms aimed to alleviate
rising property insurance costs, increase claim transparency, and to
provide an assistance program to harden homes against storms.
This was sponsored by Commissioner McDaniel, and Mr. John
June 14, 2022
Page 51
Mullins, your director of Communications and other things, will
present.
COMMISSIONER TAYLOR: What are those other things?
CHAIRMAN McDANIEL: Yeah, one of those other things.
MR. MULLINS: Everything from desk coverage to D.C.
lobbyists. So everything in between.
As announced, I am John Mullins, your director of
Communications, Government, and Public Affairs. And, as
requested, this is an overview of the property insurance reform bill
passed by the legislature and signed by the Governor last month.
And to be clear, this presentation is based upon what the
Governor and legislative leadership cited in their need to act in the
resulting legislation. It is not an analysis of the effectiveness of the
remedies prescribed.
And in the interest of time, I'll try to cover this as quickly and
concisely as a bill concerning the insurance industry and the trial bar
can be covered.
The legislature initially attempted to tackle this issue during the
regular session as they recognized that a critical situation existed
given rapidly rising homeowners insurance premiums, multiple
carriers dropping from the market, and a spike in policy applications,
so the state created and operated insurer of last resort. However, the
regular session concluded in mid March without a product, and the
Governor called the legislature into special session on May 23rd.
Three days later, Senate Bill 2D was signed by the Governor.
The first two paragraphs of the Governor's call pointed to
Florida's general tort environment and the assertion by the Office of
Insurance Regulation that currently Florida accounts for 79 percent of
the nation's homeowners insurance lawsuits over claims filed while
only making up nine percent of the nation's homeowners insurance
claims.
June 14, 2022
Page 52
And the Governor went on to relay what is common in any
business environment, that the costs of doing business and, in this
case, litigation costs were being passed on to the consumer in the
form of higher premiums.
As targeted in the legislation, the now well-known free-roof
solicitation was referenced by legislators as a particular catalyst for
thousands of filed lawsuits, pointing out that the aggregate cost in
replacing these roofs and cost of applicable lawsuits dealing with
denials raises premiums on all policyholders even if you, yourself,
didn't, quote-unquote, get a free roof.
In fact, statistics frequently referenced by legislators from the
Insurance Information Institute show a dramatic average premium
increase over the last three years.
Now, sometimes this comes at a catastrophic cost to the
insurance company. As stated on this slide, between 2021 and the
start of the May 23rd special session, eight insurance companies that
wrote homeowner policies have gone out of business. Those that
remain have not only raised aforementioned premiums but have also
opted not to renew tens of thousands of policies of current
policyholders, and customers new to the market searching for
coverage have found much tighter eligibility requirements.
And, yes, there is the hurricane catastrophe fund that could step
in to backstop insurance companies that exhausted claim payments
funds in a disaster situation, and they currently have a fund balance
just over $11 billion. So keep that number in mind for the next two
slides.
There's also the public insurer of last resort, Citizens Property
Insurance. These policies generally cost more and cover less than
their private-sector counterparts, but Citizens is there for those who
cannot find insurance coverage elsewhere. However, as you can see
from the trend of the past two years, the number of Florida residents
June 14, 2022
Page 53
who find themselves in need of this last resort is increasing, and as of
April 30th of this year, Citizens has issued over 850,000 policies with
the potential to cross one million by 2023.
And, of course, we all know what time of year it is, and there is
a real potential that one direct hit from anyone but Alex could cripple
the remaining market. The 11 billion Catastrophe Fund balance I
referenced two slides ago, look at it in context of the FEMA director's
assessment of Irma, Michael, and Andrew. Assuming incorrectly
that each of these storms were an equal portion of that $95 billion, an
already hobbled homeowners insurance market may have to rely on a
significant chunk and possibly all of the Catastrophe Fund to make
residents whole again.
Hence, special session relief. In Senate Bill 2-D was comprised
of five main components to address interrelated aspects of the
property insurance issue.
The first component is set to help bolster the reinsurance market.
As defined on a previous slide, basically this is insurance purchased
by insurance companies to insure themselves against insolvency.
And under this legislation, the state is creating a new WRAP program
and infusing it with up to $2 billion in General Revenue Funds to
provide reinsurance to companies that are having trouble getting
coverage from the larger fish in the insurance pond.
And though this reinsurance is provided at no cost to the insurer,
they must pass on that savings to their own policyholders in the form
of reduced rates.
Another new program established in the bill seeks to provide
assistance directly to the homeowners and pave the way to premium
discounts. The My Safe Florida Home program is set to receive
$150 million in large part to provide matching grants to help harden
homesteaded single-family residences that are valued under
$500,000. Now, this is a two-to-one matching grant capped at
June 14, 2022
Page 54
$10,000 per applicant with exceptions m ade for low-income
homeowners.
And the Department of Financial Services currently has grant
eligibility specifics on their website but not an official launch date for
the program or an application for an inspection or grant, and those
will be available very soon.
My next three slides address roofing. Several sections of the
bill made adjustments impacting this particular property insurance
coverage issue. The first aspect I'm covering here pertains to refusal
to write or renew policies solely based on t he roof's age. Per the
new law, insurers may not refuse to write or renew policies on homes
that are less than 15 years old solely due to the roof's age.
And if the roof is at least 15 years old, the homeowner can have
a roof inspection done at their own expense, and if that roof is
determined to have at least five years of use left in it, the insurer
cannot refuse to issue or renew the policy, again, based solely on the
roof's age.
The legislation also makes changes to how homeowners'
deductibles are handled. The bill allows for insurance companies to
include in the homeowner's policy a separate roof deductible, but it
may not exceed the lesser of two percent of the policy limits or
50 percent of the roof replacement cost. And if the roof deductible
is applied in a claim, no other deductible under the policy may be
applied to the loss. And those who opt for this separate roof
deductible -- and you can opt out in writing -- must receive an
actuarially sound premium credit or discount and, of course, there are
events where the roof deductible will not apply, as listed on the slide.
Next up is roofing fraud. The bill cracks down on the roofing
scam depicted earlier by requiring advertising by contractors on
roofing claims to be in at least 12-point font and at least half as large
as the largest font used in the advertisement to inform the homeowner
June 14, 2022
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that they, the homeowner, are responsible for paying any
homeowners insurance policy deductible, that it is a third-degree
felony for a contractor to offer to pay or rebate an insurance
deductible for repairs, and that it's also a third-degree felony to
intentionally file a claim that contains false, fraudulent, or misleading
information, and this advertising includes but is not limited to door
hangers, business cards, magnets, flyers, pamphlets, and emails.
Another component of the bill pertains to the transparency in the
claims process by the insurance companies themselves and the
expediting of information flow, including an explanation in writing
for the insurer's reason for the basis of the payment, denial, or partial
denial of a claim, and it directs the Office of Insurance Regulation to
provide various data points to the public for their edification on every
property insurer operating in this state to aid in their decision on from
whom to purchase their homeowner policy.
The final major component of the bills deals with substantially
addressing attorney's fees. And the legislation creates a new
standard for the awarding of an attorney fee multiplier in property
insurance litigation. It creates a presumption that in property
insurance cases attorney fee awards based on the standard Lodestar
methodology, which is just a fancy way of saying an hourly rate, are
sufficient and reasonable; therefore, attorney fee multipliers that may
add to the fee may only be awarded under rare and exceptional
circumstances and require evidence that they were necessary to retain
competent counsel.
The bill also states that in a suit arising under a residential or
commercial property insurance policy, the right to attorney fees may
not be transferred or assigned to or acquired in any other manner by
anyone other than the named insured or the named beneficiary.
And with that, I am happy to attempt to answer any questions.
CHAIRMAN McDANIEL: Well, first of all, before we go to
June 14, 2022
Page 56
that, I don't see anybody lit up, so you might could -- be off the hook.
But I want to thank you for that presentation. As is often the
case, there's a lot of things that are going on on the periph eral, and
all -- our citizens aren't always aware, and I thought this was a really
important informational thing for our community to be aware of since
we're all lingering from the side effects of Irma.
My question was -- and it wasn't clear, and it, forgive me, is on
the two-to-one match. Are those funds that need to be matched by
the applicant for the grant --
MR. MULLINS: Yes.
CHAIRMAN McDANIEL: -- or the county? Can we -- do we
need to do something?
MR. MULLINS: It has to be matched by the homeowner.
CHAIRMAN McDANIEL: So if I am requesting a grant for up
to 10,000, I've got to put in 10,000?
MR. MULLINS: Exactly.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: That's very generous.
CHAIRMAN McDANIEL: Yeah, it's two to one, so -- that's a
one to one. So I've got to put in -- the grant amount is 10,000, and
it's a two-to-one match.
MR. MULLINS: Yes. Two dollars for every one dollar that
the homeowner puts in, specifically.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Mr. Chairman, I did have a
question concerning that issue, because the slide indicated that
homeowners with property values of $500,000 or less would qualify.
MR. MULLINS: Yeah.
COMMISSIONER SAUNDERS: And I think that's kind of an
important issue for the public. When it says $500,000 or less in
value --
June 14, 2022
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CHAIRMAN McDANIEL: Bring the slide up again, please.
Forgive me, Commissioner Saunders. I just wanted him to -- he was
standing there shaking his head positively. And we all have seen the
slide.
MR. MULLINS: I'm trying to read lips.
CHAIRMAN McDANIEL: Unless the folks are actually
looking at our agenda, they haven't actually seen the slide, so -- there
you go.
COMMISSIONER SAUNDERS: So a single-family residence
is valued at $500,000 or less. With the runup in the market,
obviously, most of the -- I think the average home value in Collier
County now is over $800,000. So is that the assessed value, or is
that the market value?
MR. MULLINS: I believe --
COMMISSIONER SAUNDERS: When I say "assessed value,"
I mean assessed value -- with Save Our Homes, assessments have
only been going up three percent per year, so that's what I'm saying.
MR. MULLINS: Yeah. I believe it is based on the
assessment, but let me clarify that in the actual bill language and send
you a clarification.
COMMISSIONER SAUNDERS: Okay. That might be
helpful for the public, because I think most people probably have
homes that are valued at -- valued at more than $500,000 even though
they may be assessed, for tax purposes, at substantially less. And
also, I don't know if that includes land value. I'm --
COMMISSIONER TAYLOR: I was going to say --
COMMISSIONER SAUNDERS: I'm assuming it's -- it's
confusing.
MR. MULLINS: It is. And hopefully when
MyFloridaCFO.com has more information on eligibility, they will
clarify all of these different parameters for the applicants.
June 14, 2022
Page 58
COMMISSIONER SAUNDERS: Okay. And maybe we can
even have some reference on our web page to that legislation for
people to be prepared for.
CHAIRMAN McDANIEL: And availability of the funding. I
mean, because as you have correctly stated, a lot of folks have homes
that are in excess, but there is an enormous amount of people that
have homes that aren't in excess of 500,000 that could really use an
assistance program like this. So I'd like to -- I'd like to see more
information on how they arrive at that valuation.
MR. MULLINS: Absolutely.
COMMISSIONER SOLIS: Chair, just -- and when is it going
to be rolling out? Is there a date when this is going to be live?
MR. MULLINS: There has not been an official launch date
posted. The website or the web page, specifically, on the Florida
CFO's site is already established with some basic information, but the
application and the official launch of the program has not started.
The funding, though, was provided in the budget, which probably
won't be available till July 1.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Thank you. No further questions.
With that, we are going to take a 12-minute court reporter break
two minutes early and two minutes longer. We'll be back at 10:40.
(A brief recess was had from 10:28 a.m. to 10:40 a.m.)
MS. PATTERSON: Commissioner, you have a live mic.
CHAIRMAN McDANIEL: Okay.
Item #10C – Added (Per Agenda Change Sheet)
DIRECT STAFF TO BRING BACK AN AMENDMENT TO
SECTION 10.03.05 OF THE LAND DEVELOPMENT CODE
(LDC) TO REDUCE THE NOTIFICATION REQUIREMENT FOR
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THE VARIANCES WITHIN THE ESTATES ZONING DISTRICT
FROM 1-MILE TO 1,000-FEET AND CONSIDER THE FUTURE
AMENDMENT AN ACT OF ZONING IN PROGRESS TO BE
IMPLEMENTED UPON BOARD DIRECTION – MOTION TO
APPROVE AMENDMENT BY COMMISSIONER SAUNDERS;
SECONDED BY COMMISSIONER MCDANIEL – APPROVED;
MOTION TO CONSIDER THE NIM MEETING HELD 6/13/22, A
QUALIFYING MEETING BY COMMISSIONER SOLIS;
SECONDED BY COMMISSIONER SAUNDERS – APPROVED
MS. PATTERSON: Commissioners, we are starting with
add-on Item 10C. This is a recommendation to direct staff to bring
back an amendment to Section 10.03.05 of the Land Development
Code to reduce the notification requirement for variances within the
Estates zoning district from one mile to 1,000 feet and consider the
future amendment an active zoning in progress to be implemented
upon Board direction. This was placed on the a genda at
Commissioner Saunders' request, and Mr. Mike Bosi will present or
answer questions.
CHAIRMAN McDANIEL: Mr. Bosi, do we need a
presentation on this or just a simple motion and a --
COMMISSIONER SAUNDERS: Well, I think maybe an
explanation on why this particular item was presented today, because
I'm sure there are going to be a lot of folks in the Estates area that
may be wondering what we're doing here.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: And this is generated
because of a specific parcel -- it happens to be in my neighborhood
not too far from where I live. But I thought, perhaps, Mr. Bosi could
kind of explain why this is here, and we can resolve this today. That
will help this particular property owner, then I think it has to come
June 14, 2022
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back in the future here.
MR. BOSI: Mike Bosi, Zoning director.
This executive summary is in recognition -- in July of 2021 the
Board of County Commissioners made modifications to the Land
Development Code and the notification process for parcels that were
zoned Estates, whether it be within the urbanized area or within the
Rural Estates.
The amendment was to increase the notification area, increase
the notification area from 1,000 feet to one mile. For the urbanized
Estates, it would have been 500 feet; for the Rural Estates, it was
1,000, and both went to one mile.
We've had two applications that have -- that submitted within
the Urban Estates that have had excessive numbers of -- in the
thousands of notifications that have to be sent out a dding -- adding
thousands of dollars to costs for an issue that is truly a local issue.
When you're seeking a variance, you're normally seeking a variance
for an encroachment into a side yard or a rear yard, two, three, or four
feet, whatever the case may be, and normally it's your adjacent
property owners that would have the most -- the most concern and
most standing within that.
We're finding that within the urbanized area -- the urbanized
Estates, sometimes there are locations, like I said, they could have
2- to 3,000 letters that have to go out notifying of a side yard
variance. The applicants who are just regular homeowners have
asked, is that appropriate? Is that an appropriate expenditure? And
from staff's perspective we think -- we understood the land-use
petitions, the rezones, the GMPs, the conditional uses in the Estates,
we'd want a wider area because those could have an effect upon the
transportation system, stormwater management systems, the other
systems of infrastructure concern. But for variances where they are
strictly a local issue, we're looking to make a modification to bring
June 14, 2022
Page 61
that back to that thousand-foot notification so you'll get your
adjoining property owners and a couple property owners beyond that,
but you're not extending out a mile and you're not adding that
expense within the thousands. So that's the long and the short.
And what we would do, if we would take this as an active
zoning in progress, we could then apply that notification to the
current applications that we do have in-house as we're going through
the process of amending the Land Development Code and bringing it
back to the Board of County Commissioners.
CHAIRMAN McDANIEL: Perfect.
COMMISSIONER SAUNDERS: And that would be my
motion to do that. I think that solves a problem for Mr. and Mrs.
Baer (phonetic) with their larger lot, because I believe they're in the
process now of constructing an addition, and they're being withheld
from moving forward because of this notification issue. So I think
this solves their problem; is that correct?
MR. BOSI: Correct.
COMMISSIONER SAUNDERS: So I would make that
motion, then.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded. And, Commissioner Solis.
COMMISSIONER SOLIS: Well, I want to bring up a related
issue that I sent around a video from yesterday's NIM meeting, and
I'd like to raise that now. I actually thought th at this was related to
that, but I guess it's not.
CHAIRMAN McDANIEL: It's not.
COMMISSIONER SOLIS: But I'd like to look -- we can go
ahead and vote, and if I can have a couple minutes, I'd like to raise an
issue of --
June 14, 2022
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CHAIRMAN McDANIEL: Could we do that under
commission comments, or do you want to do it now?
COMMISSIONER SOLIS: I'd rather do it now. I'd rather do
it now.
CHAIRMAN McDANIEL: All right. We will do it after
we're done voting; how about that?
COMMISSIONER SOLIS: Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Just a comment. You know,
we hear about how the vast country life of Golden Gate Estates is,
and when you see what happens when you extend from a thousand to
a mile and you find out there are thousands more notices you have to
make, I think there is -- that's a real reality check right then and there.
That's all.
Thank you.
CHAIRMAN McDANIEL: Well, I was the leader on
expanding the notice process --
COMMISSIONER TAYLOR: No, I know.
CHAIRMAN McDANIEL: -- because originally it was only
500 feet or 1,000 feet in the Rural Estates, and in Golden Gate
Estates, if you've got a 330-foot lot, you might be noticing three
people when you're changing an entire use.
I never personally contemplated a property owner who had an
encroachment of two or three feet into a side yard or rear yard
setback having to notify a one-mile ring of people that the surveyor
had made a mistake or his contractor had made an error.
I hope -- and my -- I'll support the motion as long as the motion
is not specific to the -- to Commissioner Saunders' actual
constituents. This will take effect for everybody that makes an
application while we're fixing the LDC.
MR. BOSI: Correct. It's because of the -- staff perspective is a
June 14, 2022
Page 63
variance is a localized process --
CHAIRMAN McDANIEL: Absolutely.
MR. BOSI: -- and we feel it has a much shorter reach than
what a land-use change would be associated with.
CHAIRMAN McDANIEL: Okay. I'm okay with that, yep.
It's been moved and seconded that we approve this item as
presented and stated by Mr. Bosi. 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.
All right. You want to just stay there while I call on
Commissioner -- because you were a participant in last night's
adventure. So let's go ahead and have a brief discussion about this.
COMMISSIONER SOLIS: And thank you, Mr. Chair, for
letting me bring this up now while Mr. Bosi's here.
It happens that yesterday when I was speaking with
Ms. Patterson and Mr. Rodriguez preparing for the meeting, I had
raised an issue that I think is of growing concern, at least for me, and
that is how the NIM process, the neighborhood information meeting
process, is kind of evolving. It's, in my opinion, not evolving in a
healthy way. And there have been now, in the last year, I mean, I
don't know, five, six NIMs I would probably go out on a limb and say
that it had to be rescheduled, either the facility wasn't big enough,
there were disruptions.
June 14, 2022
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And so having said that, it's sad that right after I spoke with
acting County Manager and Deputy Manager that there was a NIM
that had been rescheduled after a disruption and not a large enough
facility, it was actually scheduled for the stadium at the sports
complex.
And I'd like to play the video that I was sent of the meeting,
because I think -- I think it's worth seeing. And hopefully we've
been able to edit out the expletives.
CHAIRMAN McDANIEL: Have we edited? Because I've
seen the video, and I don't care to play that video right now.
MR. MILLER: I do believe we've caught every expletive. If
there's anything in there, it is so off microphone that it's barely
hearable. But I've scrubbed at least six of them today.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: Should we play?
CHAIRMAN McDANIEL: Yes it's how many minutes?
MR. MILLER: It's about two-and-a-half minutes.
CHAIRMAN McDANIEL: Okay. All right.
COMMISSIONER SOLIS: I mean, I think --
CHAIRMAN McDANIEL: It certainly sets a precedent or an
example for us to have a discussion about, so...
COMMISSIONER SOLIS: And I think -- I think the general
public needs to understand why I'm bringing this up, and I think this
is -- this is --
CHAIRMAN McDANIEL: Are we -- and one last question.
Are we violating any trusts or any publication of something that was
done by a private individual? Because these are private citizens that
are acting in the way they are.
MR. KLATZKOW: They're in a public setting, which -- they're
in a public setting. Public settings are typically taped, especially,
you know, by news organizations.
June 14, 2022
Page 65
CHAIRMAN McDANIEL: Okay.
MR. KLATZKOW: We're okay.
(A video was played.)
CHAIRMAN McDANIEL: I think that's enough. We've seen
enough.
(Video concluded.)
COMMISSIONER SOLIS: And I wanted to play that for a
couple reasons. One is, the NIMs that we require -- and I think we
require these for rezonings, right? This is a requirement.
CHAIRMAN McDANIEL: Use change.
COMMISSIONER SOLIS: And the requirement is placed on
the applicant just to hold it, and we don't have any parameters except
in time in relation to the hearing before the Planning Commission,
correct?
MR. BOSI: Yeah. We require it within a nine-month period
before the Planning Commission, a specific period of time. County
staff will attend just to record any commitments that are made. And
the intent is to try to promote dialogue, allow for the neighborhood to
let the developer know where their concerns are so the developer can
make modifications, improvements, compatibility issues. And that's
the -- that's the overall intent.
COMMISSIONER SOLIS: It was -- the intent is an
informational one as well, right --
MR. BOSI: Correct.
COMMISSIONER SOLIS: -- to let the people in the vicinity
understand what's being proposed.
You know, this is a growing trend. I think that in the world we
live in right now -- and my understanding is that, you know, some
individuals showed up, maybe even showed up with weapons.
CHAIRMAN McDANIEL: Yeah --
COMMISSIONER TAYLOR: They did.
June 14, 2022
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CHAIRMAN McDANIEL: -- there was.
COMMISSIONER SOLIS: And I am really concerned that,
number one, there seems to be an idea that if a NIM is disrupted, that
somehow that's going to stop the process. You know, I don't think
we can -- I don't think it's fair that we have a process that can be
intentionally disrupted like that.
Number two, I'm concerned that we don't have any -- we don't
control the NIMs. We don't have any parameters. We don't have
any requirements that security be provided, what kind of facility it's
in. And I am concerned because what you saw at the end of that
video was actually the protesters and some of the people that were
there that wanted to hear the presentation getting into an altercation.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SOLIS: I think -- and I would respectfully
request that we ask our staff to come back with some
recommendations on how to -- while providing the opportunity to
inform the public and receive feedback from the applicants, that we
kind of get our arms around this process, because, you know, my gut
feeling is is that somebody's going to get hurt in the future. This
seems to be getting worse. And there's no -- there's no parameters
about how they're supposed to be conducted.
CHAIRMAN McDANIEL: Gotcha. And I think that's a really
good idea for us to do is actually have a hearing on it.
So I'm going to go for Commissioner Taylor.
COMMISSIONER SOLIS: And I will add one last thing,
Mr. Chair. I think that we also should consider having some
parameters -- and I brought this up last year -- on how the meetings
here are held, because my concern is that we will --
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SOLIS: -- very soon be seeing that kind of
conduct here during a meeting for the sole purpose of disrupting the
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process.
And I am all in support of people having the ability to assert
their First Amendment rights to object to whatever's going on, but
there's a public safety issue. There's the issue that government needs
to do what we're supposed to do.
And right now in terms of how commission meetings are run,
we have no process. And Lee County has a very detailed ordinance
on how decorum is handled, what the Sheriff's Department will do,
will not do. I think part of the issue for me is is that -- and we've had
this issue during the pandemic, some of the pandemic hearings.
We're not really clear what the Sheriff is prepared to do or not to do.
And I think there needs to be some communication around that
before it's too late. To have this kind of a -- that kind of
discussion --
CHAIRMAN McDANIEL: Before it gets here.
COMMISSIONER SOLIS: -- and develop something after the
fact is, I think, very shortsighted and would be unfortunate, and my
gut feeling is we need to do this before it's an issue.
CHAIRMAN McDANIEL: Agreed. And I really applaud -- I
mean, especially if you're contemplating bringing forward by staff
the ordinance that's existing already in Lee County. I mean, you
know, we've all had discourse. Commissioner Taylor and I went
round and round last year when she was calling a timeout on some of
the unrulies that were in here, and I didn't care for that process.
It's been up to the Chair with regard to how we actually manage
our meeting. So I think developing a policy now in advance of
circumstances that could be prevalent would certainly maybe
eliminate some discourse amongst us.
So I like the idea in actually having an open hearing on it, and
making some policy decisions in advance is extremely prudent.
Commissioner LoCastro.
June 14, 2022
Page 68
COMMISSIONER LoCASTRO: There's more than -- been
more than a few NIMs in my district, things in Lely, Isles of Capri, a
few other things that have come up.
You know, for the sake of the citizens who are watching, the
NIMs are your opportunity to be heard as citizens and heard
professionally.
I just want to say I really want to salute the people of Lely
Resort. It's a much smaller project than maybe what was going on
last night. It's a small piece of property off of Collier Boulevard
across from Skillets. But they really took my suggestions and what
the staff suggested to them in preparation for the NIMs to heart, and
they went in there prepared, professional, mature. They picked
eloquent speakers to represent their neighborhood and not just
everybody screaming from the podium.
And they literally got the developer -- you know, the developer's
asking for a rezone from commercial to residential and then to
possibly build some apartments. But, you know, that's a NIM where
everything went right, and the developer has made aggressive
gigantic changes to the project, which is what you hope maybe comes
out of a NIM, or what might come out of a NIM is the developer
loses airspeed.
At Forest Glen --
CHAIRMAN McDANIEL: Yeah.
COMMISSIONER LoCASTRO: -- a project -- there was a
project on the corner where, after the NIM, the developer thought,
you know, the juice wasn't worth the squeeze. But it wasn't because
people were screaming and yelling and everything. They brought
forward very articulate reasons of why they were going to give, you
know, plenty of aggressive but professional pushback. And he said,
I have 50 other projects on the drawing board, you know. I don't
need to be on the front page of the paper acting like I'm shoehorning
June 14, 2022
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an apartment complex into an area that nobody wants, so I'll move
on.
And, you know, last night the citizens -- and I sent a note to a
citizen who reached out to me this morning who I ha d been
corresponding with. I mean, this isn't my district, but we all vote on
these things and we hear from everyone. And I said, you know, last
night it was obvious there was a group of citizens who were against
the screaming and yelling, but the bottom line is, you all missed an
opportunity last night. And, of course, I'm sure social media's going
to blow up today, you know, with this kind of thing.
But, you know, I agree with Commissioner Solis. I mean,
people -- I'm all for free speech, and that doesn't mean you can't raise
your voice or what have you, but the opportunity last night was for
the citizens, and, you know, they threw it away, which was
unfortunate.
So I hope in future NIMs that are coming up -- and we have
some big controversial ones. I mean, the one in my district in Isles
of Capri is going to be no pushover, but, you know, I hope that the
citizens of that community see this as an example of how not to do it,
especially if you're really trying to make a difference and have your
voice be listened to and not just heard.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I was going to turn to
staff because you had that assignment last year. What happened?
MS. PATTERSON: I cannot answer that question. I'm sorry.
But we're -- I already had a conversation with Attorney Klatzkow
about preparing an item at your direction for the next Board meeting
on June 28th giving you some options and, as Commissioner
McDaniel indicated, being able to establish a policy to address these
types of public meetings as well as others. To Commissioner Solis'
point, often our folks go out for infrastructure and all types of
June 14, 2022
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meetings, and some of those, as we know, have had large crowds as
well.
CHAIRMAN McDANIEL: I don't remember us talking about
it.
COMMISSIONER TAYLOR: Yeah, we did.
CHAIRMAN McDANIEL: Did we?
COMMISSIONER TAYLOR: Yeah. Commissioner Solis
brought it up, but I did have an opportunity to speak to the attorney
that was presenting last night, and verbal direct threats were levied at
him but also at our staff. There was a metal counter at the stadium
for a reason.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: So this is not something that we
can dally with anymore.
CHAIRMAN McDANIEL: I don't think we're going to.
COMMISSIONER TAYLOR: Thank you very much,
Commissioner Solis.
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Yes. Commissioner Saunders.
COMMISSIONER SAUNDERS: And I agree completely that
we're living in some interesting times. There's extreme partisanship.
I mean, there were even screams in that audience about "go home
liberals," or something like that --
CHAIRMAN McDANIEL: And racial slurs.
COMMISSIONER SAUNDERS: -- that had nothing to do with
the rezone, but it shows that there's a lot of -- there's a partisan divide
that is, I think, getting worse, and it's going to stay that way for quite
some time. So I agree that we need to just be proactive in
developing the policy.
I think part of that policy may very well be, in terms of NIMs,
that they are recorded. Now, that doesn't mean we have to have
June 14, 2022
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some videographer there, but somebody with a cell phone or
something just to record what happens, just like this. We can see
from this what actually transpired. And I think you can see from
what was presented that that NIM really couldn't proceed. There
was no way to proceed in a safe manner with that NIM because no
one was going to permit them to make their presentation.
I don't want the folks that disrupted that meeting to think that
they have a victory, because that victory would be, okay, the NIM
didn't go forward and, therefore, there's no project. I think in that
particular case, they had their NIM and the matter should move
forward. They shouldn't be required to have another NIM because
people in the audience became disruptive and shut it down, because if
we make that determination that the NIM did not occur because it
was shut down because of what transpired there, that's going to
encourage people to disrupt NIMs in the future. And so I don't think
we can move along that way.
So I'll just throw that out as a comment that I think that NIM
occurred. The project -- I'm not suggesting that any of us support
the project or not. That's not the issue. It's just that the process has
to move forward.
CHAIRMAN McDANIEL: The process was violated.
Our County Attorney has a comment.
MR. KLATZKOW: Just two quick issues. One,
Commissioner Saunders, I agree with you, but I think it would
require a Board motion to further waive the requirement here so the
applicant doesn't have any issues with that, and that would end that
issue. And the second point is that this is becoming a Sheriff's issue
more than anything else.
COMMISSIONER SOLIS: They have to be involved, right?
MR. KLATZKOW: And, you know, whatever comes back, I'd
like to talk to the Sheriff's counsel to bring back any ordinance or
June 14, 2022
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change that the Sheriff is willing to support, because it doesn't make
sense to bring back something that the Sheriff is not going to support.
COMMISSIONER SOLIS: Right. That was my point
was -- is that we don't -- we need to be --
CHAIRMAN McDANIEL: Proactive.
COMMISSIONER SOLIS: -- you know, in lockstep with the
Sheriff so that we each know what they're going to do.
CHAIRMAN McDANIEL: And establish policy for direction
for the Sheriff for applicants that are having NIMs so that we have
decorum and control of the public meetings.
Again, it's a minute away from it showing up here and/or at one
of our NIMs. I had an unruly community member at my Evening
with the Commish last week, and I had to -- she was polite enough to
quiet herself after she became disruptive, but -- now, there is security
there, and I know myself, I -- you know, we get into the First
Amendment issue at some stage, but there's also decorum and
established policies that I think if we establish it by policy, we're
making the right decisions in moving forward. I really think so.
COMMISSIONER SOLIS: Yeah.
COMMISSIONER TAYLOR: There is another -- if I may.
CHAIRMAN McDANIEL: You may.
COMMISSIONER TAYLOR: There is another issue about the
NIMs and the way we conduct the NIMs. Could it be considered a
NIM if a plan is projected on a screen without staff there and then
questions were fielded and answers put up? Is that considered a
NIM?
MR. KLATZKOW: I had a discussion with Mr. Bosi on that
just about a half hour ago. The primary purpose of a NIM is to give
the community notice of what's going on and get the feedback so we
can bring a project hopefully to the Board without opposition. So
whatever we come back with you on is going to be with those goals
June 14, 2022
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in mind.
COMMISSIONER TAYLOR: Okay.
MR. KLATZKOW: So it may be that as a recommendation,
but the primary goal is to make -- is to reduce community opposition
to a particular project with the developer making concessions.
COMMISSIONER TAYLOR: But -- and with all due respect
to our director of Planning -- that's your title, correct?
MR. BOSI: (Nods head.)
COMMISSIONER TAYLOR: He has got a huge target on his
chest.
MR. KLATZKOW: And we are going to ensure that that target
is eliminated.
CHAIRMAN McDANIEL: He doesn't have a target. I
mean --
COMMISSIONER SAUNDERS: You're going to eliminate the
target?
MR. KLATZKOW: Yes.
CHAIRMAN McDANIEL: The bottom line is -- and, again,
this isn't -- you know, there are people that take these things
personally. But I think one of the things we need to also keep in
mind, that there is free speech laws. There are laws on the books to
regulate these things, and people that are disrupting, taking weapons
into public places, so ons and so forth you don't have carte blanche
rights. So, I -- you know, there again, I think by policy, if we make
some decisions at our next meeting with regard as to how we're going
to manage it, we're going to involve all of the parties and hear from
the people that have interest with regard to --
MR. KLATZKOW: But I just need the Sheriff to sign off on
whatever we're going to do.
COMMISSIONER SOLIS: Sure.
COMMISSIONER TAYLOR: Yes.
June 14, 2022
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MR. KLATZKOW: And I can't -- I can't compel the Sheriff to
agree to an ordinance between now and the next meeting. They've
got to review it themselves. So it may take a little more time, but the
goal here is to get you guys something that the Sheriff is willing to
take these people and remove them.
CHAIRMAN McDANIEL: And it is not in violation of our
constitutional rights of free speech and so on and so forth. I mean,
just because we adopt an ordinance doesn't necessarily make it
enforceable, so...
MR. KLATZKOW: No, we'll give you an enforceable
ordinance. I just have to make sure that the Sheriff ultimately is
comfortable with it.
CHAIRMAN McDANIEL: Absolutely.
You don't have a target on you, by the way.
MR. BOSI: Okay.
COMMISSIONER TAYLOR: He's the decision marker. He
decides whether --
CHAIRMAN McDANIEL: Contraire, Commissioner. This
board is the decision maker on a --
COMMISSIONER TAYLOR: No, he decides whether there's
going to be -- he tells them whether there's going to be another NIM
or not. I went through this with Riviera Golf Estates, and there have
been -- I can provide you, you know, emails going back and forth.
Why are you saying this? And going back, and you responded to
everyone.
And I'll say to the credit of Riviera Golf Estates, they were very
upset for logistics, and they were very upset about the issue, but when
we finally got them in the meeting, there was a little bit, but then they
settled down. Last night was not the same tenor at all, not at all.
CHAIRMAN McDANIEL: And, again, they all vary, so -- but,
you know -- and there again, I -- well, we can sit here and discuss this
June 14, 2022
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all we want.
COMMISSIONER SOLIS: So just, if I can, I think the County
Attorney had suggested that if there's a motion -- I didn't know if
Commissioner Saunders wanted to make that motion but, if not, I'll
make the motion.
COMMISSIONER SAUNDERS: Go ahead. I was making a
note on something else, so...
COMMISSIONER SOLIS: It's a motion to consider the NIM
that was conducted last night -- and I don't have the application
number -- but that that, in fact, constitutes their NIM for this process.
COMMISSIONER SAUNDERS: Mr. Chairman, if I can make
a comment on the motion, because I thought about making that
motion but decided not to -- I was going to make a different motion
based on what the County Attorney had said, that we can't just simply
do that without notice to the applicant, or are you comfortable,
Mr. Klatzkow, with that?
MR. KLATZKOW: I'm comfortable with you making that
finding. I'm sure the applicant will not object.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN McDANIEL: Okay. It's been moved that we
allow for last night's adventure to be considered their NIM. And
seconded?
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: And then staff's over there both
raising their hands.
MR. BOSI: Jamie just wanted to point out that that was their
second attempt at a neighborhood information meeting.
CHAIRMAN McDANIEL: I understand that. We understood
that. That was their second attempt. You and I had a brief
discussion about it on the elevator on the ride up this morning,
so -- but we will -- with that, we'll -- it's been moved and seconded
June 14, 2022
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that we allow last night's attempt to be considered a NIM, and if they
choose to proceed, they can, having used that as their NIM.
COMMISSIONER LoCASTRO: Can I just say something, for
the sake of just maybe brainstorming a little bit?
So we had a small group of people last night that were unruly.
If you look at that video, a large group that were either sitting on their
hands quietly waiting for everything to die down or a few people
chastising those that were, you know, unruly, you know. And this is
just more of spit-balling and hypothetical. Are we penalizing the
larger group that actually drove out there last night to hear and speak
because four, five, 10, whatever the magic number was, drowned
them out? Now, granted, I understand this is the second attempt, but
I think the first attempt was, what, lack of space?
MR. BOSI: Correct.
CHAIRMAN McDANIEL: Right.
COMMISSIONER LoCASTRO: So, okay. So maybe that
one's sort of a throwaway. You know, they got a large turnout they
didn't expect. The same thing happened at Riviera Golf Estates, and
then they fixed it on the next one.
But I'm just sitting here and saying, you know, I, like all of
you -- but I'm a big proponent of free speech, giving people an extra
30 seconds at the podium to sum up, you know, what have you.
I sit here and I think, that's a really, really large community, and
for a smaller number of people to be able to get the -- these results
and basically maybe, you know, for lack of a better term, penalize the
greater good, the people who took off from work, who left their kids
with a babysitter, who drove out there for 40 minutes, or however
long, and was trying to do it right. I mean, now, you know, all of a
sudden they have no voice.
And I don't know that they could have fixed anything last night.
So it wasn't -- I don't fault them, but it just seems like we're letting
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the smaller group of people sort of -- but I'm not saying if you had
another NIM, all of a sudden everything's solved. But if we gave
very specific direction, if we had an ordinance, if we had different
things in place, maybe we could salvage another NIM if there's an
appetite up here to consider that.
CHAIRMAN McDANIEL: My statement to you is, there's no
public process violation. There's still -- the applicant, if they're
going to go forward, they're going to go before the DSAC public
meeting, they're going to come for a transmittal hearing in front of
the Planning Commission, they're still going to come before this
board on a transmittal hearing, then they're going to get to go back
through after all of those things. There's still six more public
hearings.
COMMISSIONER LoCASTRO: So the citizens will have
opportunities to be heard and speak?
MR. BOSI: There will be a Planning Commission and a Board
of County Commissioners. It's a small-scale amendment, so it only
takes one round.
CHAIRMAN McDANIEL: Oh. No DSAC?
MR. BOSI: No DSAC. It will have -- they'll have the
opportunity at the Planning Commission and at the Board of County
Commissioners, and hopefully at that time we'll have in place --
COMMISSIONER LoCASTRO: Yeah. I think that's the
reminder, then, to the citizens that are listening is, you know, you
missed a great opportunity last night, and a small group took
that -- stole that opportunity away from you. But, you know, circle
the wagons with the folks who want to professionally speak and
attend, you know, these meetings to have a voice that there's a bunch
more coming up. And I wouldn't conduct them the way that the
stadium went last night, and, you know, they've got time to sort of
circle the wagons and pull together.
June 14, 2022
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CHAIRMAN McDANIEL: Commissioner Solis, you lit up
again. Do you have another comment?
COMMISSIONER SOLIS: I did. And I would just suggest
that, you know, folks that are interested, that want to give their
feedback can email us. You know, not that we need more emails,
but, certainly, we all read the emails and the comments and, you
know, I think that's another way, maybe the most effective way, of
making sure that an applicant is considering the things that we think
are important and that the community thinks are important.
CHAIRMAN McDANIEL: I actually personally spoke to two
neighbors that live across the street on the south side of 7th from this
project, and I talked to them both and had communication similar to
what you're suggesting, talked to them about the project, talked to
them -- I mean, one of the fellows didn't even know what AMI stood
for, didn't know what the AMI of Collier County was, didn't know
what 70 percent of that was -- had in relation -- or 80 percent of that
was with relationship to affordability in the project.
So certainly there are a myriad, Commissioner LoCastro, of
informational sources that can come without having to subject
yourself to that type of an adventure.
All right. It's been moved and seconded that we allow for last
night's -- I don't know what to call it, but we'll --
COMMISSIONER TAYLOR: NIM.
CHAIRMAN McDANIEL: -- the NIM that was actually
offered last night to be counted as such, and then if the applicant
chooses to go forward, they certainly can. It's been moved and
seconded that we do that. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
June 14, 2022
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CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Now, do you want another motion with regard to the 28th and
the adoption of a policy?
MR. KLATZKOW: Just to direct staff or the County Attorney
to, you know, come back to the Board.
CHAIRMAN McDANIEL: So directed.
MR. KLATZKOW: Okay. It may not be the next meeting.
Again, I need to work with the Sheriff.
CHAIRMAN McDANIEL: Yeah. Well -- and my only thought
was, if we could have an agenda item at our next meeting and have
some discussion. We're not asking for carte blanche support from
the Sheriff with regard -- because who knows what we're going to
come up with once -- because there's a whole bunch of people that
aren't here right now that want to weigh in on this. There are people
that want to.
COMMISSIONER SOLIS: Sure.
CHAIRMAN McDANIEL: So I suggest we have a hearing on
this at our next meeting, at which point, then, if the Sheriff has had
time to agree or disagree, he certainly may do so. But we can move
forward with whatever it is and then get the permission or assistance
of the Sheriff after we're done with our public hearing.
COMMISSIONER SAUNDERS: Mr. Chairman, I think it's a
good idea to have it as an agenda item at the next meeting. The
Sheriff isn't going to be prepared to discuss a specific ordinance,
perhaps. That's not the point. The point will be that he may have
some ideas for us and for our staff. But when you contact the Sheriff
June 14, 2022
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about the June 28th, having him come here for that, I was going to
call the Sheriff and ask him to do another thing, and that is to give us
a little bit of a report on school safety in light of what happened in
Texas.
We have an entirely different situation in Collier County. We
have an entirely different police force, Sheriff's Department, and I
know that our schools are safe. But it will be an opportunity for the
Sheriff to make a little bit of a presentation for the general public to
just ensure that everyone in the community understands that we are
taking extra steps to make sure our children are safe.
So if you could, Mr. Klatzkow, when you contact the Sheriff
about our safety, safety of our staff and NIMs, that I'd like a little bit
of an update on efforts by the Sheriff's Department. For example,
we have a deputy in every school.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: And the County Commission
is paying for that, and that's a pretty big-ticket item. I'm not sure if it
ramps up to over $3 million a year, $4 million a year. It's a big
number, and this commission has gone the extra mile to make sure
that we have deputies in all of the schools, and the County
Commission has been willing to pay for that. So I'd just like a little
bit of a report.
CHAIRMAN McDANIEL: Can I make a suggestion? Rather
than commingling the circumstance with our NIMs and the Sheriff's
Office, we have a budget hearing on Thursday where the Sheriff will
be in front of us and discussing that expense specifically.
COMMISSIONER SAUNDERS: Okay. The reason I was
thinking of the County Commission meeting is that there's probably
more participation, more people interested in what we do.
CHAIRMAN McDANIEL: Four instead of three.
COMMISSIONER SAUNDERS: Yeah.
June 14, 2022
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CHAIRMAN McDANIEL: Commissioner Taylor? I'm okay
with that.
COMMISSIONER SAUNDERS: Doing both times is fine.
COMMISSIONER TAYLOR: And just to add a little bit to the
end and why I think County Attorney Klatzkow is concerned and
wants to have the Sheriff involved. I did speak to one of the officers
last night who was there, and he feels almost he was -- handcuffed is
the wrong word, but, you know, why don't you do this, well, we can't
do that. Well, why don't you do this? We can't do that. So we
need to be clear what the law is and follow the law in the
enforcement of what -- of what conduct we hopefully will get at these
meetings.
CHAIRMAN McDANIEL: Correct. Absolutely.
COMMISSIONER TAYLOR: Lawful.
CHAIRMAN McDANIEL: June 28th.
MS. PATTERSON: Understood.
CHAIRMAN McDANIEL: Good enough. Good enough with
direction on that? Okay.
COMMISSIONER SOLIS: Thank you.
CHAIRMAN McDANIEL: No, thank you for bringing it up.
I didn't realize -- in truth, I didn't realize that Lee County had already
adopted very specific policies with decorum and how they're doing
what they're doing, and I like that, so -- okay.
Item #10D – Added (By Commissioner Saunders During
Agenda Changes)
DISCUSSION REGARDING PROPERTY AT SANTA BARBARA
AND DAVIS DUE TO VIOLATIONS – MOTION FOR CODE
ENFORCEMENT TO SITE AS A VIOLATION ASAP AND SEND
TO THE CODE ENFORCEMENT SPECIAL MAGISTRATE TO
June 14, 2022
Page 82
SEEK FINES AS PERMITTED BY STATUTE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER TAYLOR – APPROVED
MS. PATTERSON: Item 10D is our add-on item. It is a
discussion on the rock crushing at the corner of Davis and Santa
Barbara.
CHAIRMAN McDANIEL: Okay.
MS. PATTERSON: And Ms. Jaime Cook, your director of
Development Review, is here to answer questions and provide
information.
MS. COOK: Good morning, Jaime Cook, your director of
Development and Review.
The Water Management District has issued a consent order. It
was finalized on June 8th and entered into the record. There are
some provisions in here that I did want to go through with you, and
Jamie French does have a copy of the consent order for all o f you.
Just a couple brief points that I wanted to go through with you.
On Page 2, Statement No. 5 states that the district has jurisdiction
over the respondent, the party, all stormwater management, the
wetlands impacts, all works and maintenance conducted on the
property. So they do have -- still have control over this property.
In the orders section beginning on the bottom of Page 5, there is
a final fine of $29,550 that the landowner is required to pay to the
Water Management District. And a payment plan was worked out
that they will pay $2,462.50 per month. The first payment is due
within 10 days of the date that this order went into effect, which was
June 8th so, essentially, Saturday is the date that the first payment
would be due, and all subsequent payments are due by the 3rd of each
month subsequently following this.
Additionally, the applicant is required to come in to work with
June 14, 2022
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the Water Management District to obtain a new Environmental
Resource Permit. They must come in within 90 days of the
consent -- of the effective date of the consent order, which is at the
top of Page 7, and they must obtain that new ERP within one year.
So, unfortunately, this could potentially go on for another year until
they get that ERP.
I have personally reached out to the chief of staff at the Water
Management District to see if there is a way that we can allow them
to go back to work to get the concrete off the site, whether it be by
crushing, removal, or whatever remediation they are in favor of. I
haven't been able to have those conversations yet, but from what I
understand from the manager's office, they are willing to work with
us to come to a resolution much sooner than a year from now.
Do you have any questions for us?
CHAIRMAN McDANIEL: Oh, yes, we do.
MS. COOK: Okay.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: A couple questions and
perhaps a comment or two.
The issue that the Water Management District is concerned
about is the preserve area that was impacted.
MS. COOK: Correct.
COMMISSIONER SAUNDERS: They're not concerned with
the cement necessarily. They're --
MS. COOK: Correct. And from what I understand, the issues
in the preserve have been resolved. So, basically, the outstanding
item is the fees that are due.
COMMISSIONER SAUNDERS: Okay. So they have a fine.
They could -- the property owner could drag this out for another year
by not paying the fine and getting their ERP. So the reason I wanted
that kind of clarified is that I want to put more pressure on the
June 14, 2022
Page 84
property owner now to crush that material and be done with that.
And so I'd like for our Code Enforcement Board to cite the
property -- it's an abandoned project, or whatever terminology you
would have to use -- and bring it before our Hearing Examiner [sic] a
fine of -- I think initially it's a $250-a-day fine, but every day is a
violation. So at some point it can get up to a $500-a-day fine, I
believe. And I'd like for Code Enforcement to make that happen as
quickly as possible.
MS. COOK: Okay. I will turn it over to Mike Ossorio, your
director of Code Enforcement.
MR. OSSORIO: Good morning. For the record, Mike
Ossorio, director of Code Enforcement.
I see no issue going through this as an AIMS issue.
COMMISSIONER SAUNDERS: Sorry. As a what issue?
MR. OSSORIO: An AIMS issue. I'm sorry. I've got a little
congestion. Expired ERP. We can work with our engineering
group and formulate a notice of violation and probably take it to the
special magistrate within 60 days.
COMMISSIONER SAUNDERS: With notice requirements
and things of that nature, why would it take 60 days?
MR. OSSORIO: Well, my interpretation would be we'd give
them a 30-day notice, and then if they did want to have an attorney,
we would probably want to reach out with our County Attorney's
Office and see what the procedures would be if there was any kind of
legal question about due process considering the district has given
direction to the applicant how to obtain the ERP within 365 days.
MR. FRENCH: Ninety days.
MR. OSSORIO: Is it 90?
MR. FRENCH: Ninety days.
MR. OSSORIO: Oh, 90 days. Apply for it in 90 days.
COMMISSIONER SAUNDERS: And they're also supposed to
June 14, 2022
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make a payment by June 18th, I believe, was the date.
All right. I just want to make sure that whatever process we
have to go through, obviously, you have to do that. It seems to me
that bringing them before or at least noticing them before the Hearing
Examiner, I don't believe it should take 60 days, but if that's what it
is, that's what it is. But I'd like to see staff move that as quickly as
possible. And I'd like the County Attorney to assist in making that
happen.
MR. OSSORIO: Understood.
COMMISSIONER SAUNDERS: And at some point I'll make
a motion to do that, but right now it's, obviously, discussion, because
I may be the only one up here that wants to do that.
CHAIRMAN McDANIEL: Commissioner LoCastro.
We'll find out.
COMMISSIONER LoCASTRO: Mike or Jamie, either Jamie.
Why does the Water Management District -- I mean, if you
read -- like you said, you read No. 5. It seemed to have, like, sole
responsibility over the whole property, and it sounds like they
actually don't because, the second part of my question is, do we or
why don't we have more leverage, more responsibility, more control
over that lot and do exactly what Commissioner Saunders is saying
but, like he's saying, much faster. I mean, the meetings I took
yesterday, my takeaway was, wow, you know, we're putting pressure
on the Water Management District, but, you know, they really are in
charge of this whole thing and, you know, maybe they're not moving
as fast or whatnot, but our hands are really tied. Why is that? And
citizens are asking that. You know, did we -- and I know that we
didn't pass the buck, but in the end it looks like, you know, for a giant
lot that's in our county -- and I realize the reasons they're involved,
significantly involved, because of several other different things on
that lot. But it just seems like we should be running the show more.
June 14, 2022
Page 86
Can we? Why aren't we? Educate me here as to why to citizens it
looks like, you know, we're all sort of passing the buck and blaming
different organizations and, in the end, this sits in the middle of my
district, formerly Commissioner Saunders. But everybody up here.
This is a Collier County issue. People drive by it. They don't care
what district it's in, and neither do any of us. You know, we all want
the same thing, which is resolution.
But it just seems like, to the outsiders, we're passing the buck
and, if we're not, then let's take control of this thing as far as the lot
goes and let the Water Management District, you know, worry about
the fines, the water, the foliage, the exotics or whatever is sort of in
their responsibility. What do you have to say to that that would
educate us more on what we can and can't do and why?
MR. FRENCH: Sure. Thank you, Commissioner. For the
record, my name is Jamie French. I'm your department head for the
Growth Management/Community Development Department for
Collier County.
First, I want to thank County Attorney Klatzkow and Deputy
County Manager Patterson. They're the ones that really started the
conversation with the district leadership and Trinity Scott. They just
so happen to have had another meeting, and so they threw in, oh,
yeah, by the way, can we talk about this lot? So we're very thankful
for them to kind of talking to that senior staff.
But, Commissioner, on the overhead what you're going to find is
you're going to see conclusion of law, and as provided by Rule
62-330.020, Florida administrative code in Sections 373.413 and
373.416, Florida Statutes, the District requires permits to construct,
alter, operate, maintain stormwater management system or works.
Then on Page 5 it continues on to talk about what the District's role
is.
Bottom line -- and I'll break it down for you the best I can. If a
June 14, 2022
Page 87
site is under five acres, an engineer can self-certify the site, and they
report it to the district when they go for their Environmental
Resource Permit. If it is over five acres, they are required to go
through review and permitting through the Water Management
District, and that is Florida Statute. Your Chapter 10 of your Land
Development Code -- and I'm going to have Mike Bosi, your zoning
director, who is also within growth management, speak of that. So,
Mike, if you can talk about Chapter 10.
COMMISSIONER LoCASTRO: But when we do that,
Jamie -- and maybe this will just help answer your question -- then
does the county give up basically all rights, all responsibility, all
oversight because it's a larger piece of acreage or whatnot? I mean,
it just seems like -- does it totally back us out of the equation here?
And if it doesn't, it sure seems like it has because we haven't, you
know, pushed them, fined them, you know, squeezed them, given
them a timeline.
MR. BOSI: Commissioner, we have control of the site related
to development standards, vertical construction.
When it comes to the Environmental Resource Permit, it is
squarely within the District's purview, and we have no authority
within that. And this ERP is tied to District permit, is a District
permit. They have -- by administrative code and by statutes, they
have control over that section.
Now, other land-use activities that go on are the purview of the
county, but the work associated with -- with their ERP permit is
strictly the purview of this -- of the District.
And we have a local provision within our code; it's
Chapter 10.02.06. And I can read specifically, but what it says is,
we're required -- if a development project has state or federal permits
that are associated with that development activity, we're required to
document evidence that those permits have been obtained, are in
June 14, 2022
Page 88
good standing.
So when Mr. French finds that the ERP permit has been
removed or has been invalidated by the -- we cannot allow for
development to move forward because they are in breach of that
aspect of having the required state and federal permits.
COMMISSIONER LoCASTRO: But we're not -- we're less
concerned with development moving forward. We're more
concerned with finishing -- crushing that rock, probably covering it
over with fill, and at least letting that lot sit there at the proper
elevation, which is what the contractor wants so that they can put it
up for sale. But at least it has some sort of improved aesthetic look
to it. I mean, that's -- you know, we're taking these things in smaller
chunks. I could care less if that lot sells right now, but I think what
we're all looking for is appearance.
So can we take a smaller bite of the apple but something that has
much more acceleration and either have the Water Management
District delegate that responsibility in that -- I might be
oversimplifying, so that's why I'm saying, educate me here. But, I
mean, we're trying to get to the end result, which is to be able to
direct that company to finish crushing the rock, cover over the rest of
it with dirt, not bring any more rock, and then, you know, it's an
empty lot that has a big for-sale sign on it, much like other lots in the
county, and at least it aesthetically looks more acceptable and, you
know, then we move on from there. Is that possible, and is it easier
to -- is it possible to do that in less than two months, like, you know,
Commissioner Saunders is saying? Because I couldn't agree with
him more.
MR. BOSI: Well, you have to remember preemption.
Preemption. The state can preempt a local government when it's
provided by statute or by the administrative code. The feds can do
the same.
June 14, 2022
Page 89
We are -- I know, Jamie, Jaime, Amy, Dan have all reached out
to the Water Management District. They are in -- they're in effort of
trying to find that negotiated -- here's the issue. We understand that
there's fines that need to be paid, a reinstatement of this ERP permit,
but there's some things that we're hoping that we can do to help
alleviate some of the issues that, from a local level, we're
experiencing.
COMMISSIONER LoCASTRO: Are they being responsive
back to us? I mean, this might not be in their top one thousand, but
it's certainly in our top five. So, you know, I don't know if they've
got other things and we'll get to you when we get to you. But what's
their response been, you know? Because, I mean, it seems like we
keep giving the answers to citizens of it's in the works, it's in the
works. Yeah, we're waiting to hear back from the Water
Management District. I mean, unless the Water Management
District is headquartered on the International Space Station, I mean,
why can't we get an answer from them in 24 hours? And can any of
us help at this level? And, you know, I offered that yesterday. I
mean, if I've got to talk to Charlette Roman or, you know, the
Chairman on our behalf needs to do something, what can we do?
MR. FRENCH: Thank you, Commissioner.
This is -- so, you know, to answer your question, we're in daily
conversation with the Water Management District on this as well as a
myriad of other projects.
"Development" is defined as any level of alteration to the site.
And that is the state's call. We don't have authority here; however,
thanks to Mr. Klatzkow and Amy and Trinity, we've at least
advanced that conversation, because that is not an option for staff on
a typical basis for us to talk to their chief of staff.
So thanks to them, now we have a point of contact, and now we
are having that. And we appreciate -- and we know, Charlette
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Roman, she sits on the Big Cypress Basin. But this is actually the
District, not a derivative of the District. This is the District. So
these are the -- these are the folks that make the decision -- that's
serve by Florida Statute that make those calls, so to speak, or the
decisions, and we're trying to not necessarily go over staff or their
counsel's head. We're trying to get some better direction to look for
some partnerships here that would allow for the aesthetics and the
environmental aspects of this site. We want the rock crushed.
We're not out of lockstep with the manager's office or the
community, we think, or the County Attorney's Office. We
recognize the Board's mission is to get this -- to get this site cleaned
up.
COMMISSIONER LoCASTRO: I'm not opposed to going
over their heads, because it seems like the heads that we're talking to
now, we're not getting a response. So when you say -- and I don't
mean this to be, you know, attacking you, per se, but when we say
we're conversing with them daily, that doesn't necessarily mean
they're conversing with us. So they're, like, thank you very much for
your email. We'll be back in touch. Where's their, you know,
conversing with us? Where's the timeline? Where's the answers?
MR. FRENCH: That's not been the -- that's not been the case,
sir, so --
COMMISSIONER LoCASTRO: Okay.
MR. FRENCH: -- if I've painted that picture, let me correct it.
They have been exceptionally reasonable in helping us try to find
alternatives to help us get there. In fact, the District negotiated a
lesser of a fine. They put this applicant on a pay plan. I
mean -- and we had conversations -- our county engineer had
conversation with Mr. Hubschman yesterday, and we're still
unconvinced that he's going to make the payment by Saturday. And,
again, third-party hearsay but, nonetheless, what I was informed was,
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well, I'm still considering it.
COMMISSIONER LoCASTRO: But the payments or fines are
tied to things that have -- that they haven't done up to this point. It's
not -- it's not linked to actions on that lot to move forward with finish
the crushing, cover it with dirt, all those things. It's not linked to sort
of a master plan or a timeline of, you know, success at the end or
solution, is a better word, I should say, right?
So, great, they pay the fines on time or they don't, but we still
have this big, giant question mark as what we're doing with the rock
that's on there, how are we going to cover it up, how are we going to,
you know, remove the silt fences and call it a day. I still haven't
heard that solution.
MR. FRENCH: And, respectfully, if I've not done that, then let
me do it now. The District -- this is an updated consent order. This
was not the original consent order. Hot off the press available to us
introduced to me yesterday and brought up in conversation with
Commissioner Saunders and I yesterday, but -- and you as well,
Commissioner.
But look at -- don't over -- please don't overlook the areas where
it says "correction has been made." The violations have been
satisfied. That was not the consent order that was originally -- they
were ordered to clean it up. Well, they have cleaned it up.
So we give the contractor or the landowner, the contractor that's
now currently involved, at least some acknowledgment that they did
satisfy the District. Now they just need to satisfy the fines, and they
need to acquire the new Environmental Resource Permit. And
they're given a timeline as to what they can do. But the fines were
significantly less than what we originally were in conversation with
the District about. So district staff has been accommodating and has
been willing to speak with us about it.
So we believe we're moving forward. But based off of our
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conversation yesterday, we wanted to at least not not tell you that,
look, they have 365 days to acquire their permit, 90 days to apply.
We could be looking at another year before a permit -- an ERP permit
is issued. So we are entering into conversation, as I said, thanks to
the preemption of conversation that happened with other county staff
with senior District staff. We --
COMMISSIONER LoCASTRO: Just, lastly, who comes up
with the recommendation of what to do at the lot to move forward,
either crush the rock that's there -- you know, some citizen said they
all want it removed, which I've told the citizens that have reached out
to me, that's not what we want. We don't want a thousand trucks a
day coming down Santa Barbara picking up rock that's already there,
you know. The damage has already been done, so let's, you know,
finish it with something smart. But who comes up with that
recommendation, and then who says, yes, approved?
MR. FRENCH: Well, Commissioners, it's identified within
your Land Development Code as far as you do.
COMMISSIONER LoCASTRO: Yeah.
MR. FRENCH: And your County Attorney and myself and our
Public Utilities administrator came forward with an update to your
litter ordinance that addresses this type of activity. So I would say
that you allow that as far as to be used for construction standards.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I was just going to point out
something that's in the consent order that I -- I think it seems like the
District is pretty intent on this, and what I'm just suggesting is,
obviously, all of the dates and timelines in this is going to be in
somebody's calendar --
COMMISSIONER LoCASTRO: What page?
COMMISSIONER SOLIS: -- because on Page 7,
June 14, 2022
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Paragraph 26, at the bottom it relates to the payment of the stipulated
penalties. But at the very bottom of the page it says, if the District is
required to file a lawsuit to recover stipulated penalties under this
paragraph or to enforce this consent order, the provisions pertaining
to stipulated penalties are waived, and the District is not foreclosed
from seeking civil penalties of up to $15,000 per day per offense,
which would add up pretty quickly.
So I would just ask that the day that one of these t ime frames
doesn't go by, that we fire off a letter to, you know -- if you can,
obviously. These are not necessarily things that are being filed with
our office, but --
MR. FRENCH: Yes, sir.
COMMISSIONER SOLIS: -- it seems like the District is pretty
serious about -- I don't know that I've ever seen that kind of language
before --
MR. FRENCH: We have not either, sir.
COMMISSIONER SOLIS: -- in a consent order.
MR. FRENCH: That's the first one I've seen it.
COMMISSIONER SOLIS: It's got some teeth to it.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: We have a lot of things
going on with the South Florida Water Management District. This is
not any kind of a criticism of District or staff. This is not a criticism
of our staff at all. There's only one entity that can fix this problem.
Now, we can talk about it. We've been talking about it for two
years. There's only one entity that can fix this problem, and that's
the property owner. The property owner has to get the ERP. The
property owner has to get the crushers and move forward with this.
The property owner has -- we've been dealing with this for two
years. I don't want to deal with it anymore. I want this to go to
Code Enforcement. I want a $500-a-day fine, or -- I don't think we
June 14, 2022
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can go any higher than that under statute. But whatever the
maximum is, let's put -- let's light a fire under this property owner.
Let's put more pressure on them.
I mean, you've got an order where there's even some question as
to whether they're going to make a payment on June 18th as part of
this payment plan.
CHAIRMAN McDANIEL: It's not June 18th.
COMMISSIONER SAUNDERS: So I think we get staff to
move this as quickly as possible to the Hearing Examiner with the
idea that we need to start fining the property owner. Five hundred
dollars a day starts to add up pretty quickly.
CHAIRMAN McDANIEL: It sure does.
Commissioner Taylor.
COMMISSIONER TAYLOR: And when we have $500 a day,
let's not let them off the hook for good behavior. It should be $500 a
day. We negotiate all the time on our Code Enforcement, and for
good reason. I mean, I watch this very carefully. In fact, citizens
are watching it very carefully. This one, 500 is 500. And, you
know, this may be a long drawn out, but we to put -- you know, we
have to throw -- we have to really put the line in the sand.
We're -- you can't do this to the citizens of our community. You
can't.
COMMISSIONER SAUNDERS: I think it was in November
that we heard this for about the fifth time.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: Yeah.
COMMISSIONER SAUNDERS: The idea was, well, certainly
by the first of March there would be rock crushing taking place, it
would take 60 days to 90 days, and there's been no real effort to fix
this.
COMMISSIONER TAYLOR: Yes.
June 14, 2022
Page 95
COMMISSIONER SAUNDERS: And we just need to light
that fire under the property owner. I don't know any other ways of
doing it.
CHAIRMAN McDANIEL: But don't we have to take it
through the process? We have to file the -- we have to file a
violation. We have to -- it has to go before the magistrate, and then
the magistrate's the one that actually levies the fines. And there are
terms within those notices of violation that we have to abide by.
COMMISSIONER TAYLOR: But we can also be very clear
to -- in our conversation today, without directing the magistrate, of
how we feel about any negotiation of any daily fee.
CHAIRMAN McDANIEL: I think that's been made
exceptionally clear.
COMMISSIONER SOLIS: And I'd just like to agree with
Commissioner Taylor. We see this on every single agenda where
there's been a code enforcement issue that's been out there for years,
somebody hasn't mowed their lot or whatever, and the Code
Enforcement fines pile up, and then we settle it for some nominal
amount. I think that's what Commissioner Taylor is suggesting is
that this is not going to be one of those --
CHAIRMAN McDANIEL: That's correct.
COMMISSIONER SOLIS: -- as far as I'm concerned.
COMMISSIONER TAYLOR: And it will be a first in the time
I've been here that we've never done this. I'm telling you. We've
always negotiated. Sometimes the numbers are larger because
maybe it's hundreds of thousands of dollars, and we've said it's 50-.
But when you look at the hundreds of thousands of dollars that
they're facing and, for whatever reason, it didn't get addressed in their
time period -- this is -- this is very, very different.
COMMISSIONER SOLIS: And it's not a homeowner that just
doesn't have the wherewithal to take care of a lot somewhere.
June 14, 2022
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COMMISSIONER TAYLOR: Correct.
CHAIRMAN McDANIEL: This is a little different animal.
COMMISSIONER SOLIS: It's a little different, I agree.
CHAIRMAN McDANIEL: No doubt.
All right. Well, I think -- do we need a specific motion on this,
or do you have sufficient direction to go forward?
COMMISSIONER SAUNDERS: I'm going to make a motion
so that we're clear, and that motion is to direct staff to bring this
property owner before the Hearing Examiner as quickly as our
procedure permits and to seek fines as permitted by statute. And if
there are any other avenues of redress for the county, that the County
Attorney let us know if there's anything else that we can do in
addition to that.
COMMISSIONER TAYLOR: I'll second that motion.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we move this item forward to the magistrate through
Code Enforcement as quickly as possible, and whatever else
Commissioner Saunders said with regard to the fine and so on, and
then the County Attorney. So that's a close enough approximation of
your motion, isn't it?
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded. Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
June 14, 2022
Page 97
(No response.)
CHAIRMAN McDANIEL: So moved. There you go.
I think we're done now with our top line -- oh, no, we've got one
more, that's right, 11A.
Item #11A
AWARD INVITATION TO BID (“ITB”) NO. 22-7950, TO
QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF
$1,170,674.75, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT FOR THE PELICAN BAY
BOULEVARD SEWER REPLACEMENT - MOTION TO
APPROVE BY COMMISSIONER SOLIS; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: One more. Commissioner, that brings us
to 11A. It's a recommendation to award Invitation to Bid 22-7950 to
Quality Enterprises USA, Inc., in the amount of $1,170,674.75 and
authorize the Chairman to sign the attached agreement for Pelican
Bay Boulevard sewer replacement.
Mr. Matt McLean, your director of Public Utilities engineering,
will present or answer questions.
MR. McLEAN: For the record, Matt McLean, director of
Public Utilities engineering and property management.
I am here to answer any questions relative to the project. There
was included a brief presentation in the backup materials. If you
would like me to go through that, I can, or answer any specific
questions that you have relative to this particular project.
CHAIRMAN McDANIEL: What's your pleasure? You want
a presentation or move?
COMMISSIONER SOLIS: I don't need a presentation. This
June 14, 2022
Page 98
is something that's needed. It needs to be corrected. And it's the
low bidder. We've done business with them before. I'd make a
motion to approve.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the agenda item as presented and recommended by staff.
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. That was a very good
presentation --
MR. McLEAN: Thank you.
CHAIRMAN McDANIEL: -- Mr. McLean.
Now, we're ready, right?
MS. PATTERSON: Correct. Commissioners, that takes us to
Item 15, staff and commission general communications.
CHAIRMAN McDANIEL: Do you want to do that now, or do
you want to wait until after we're done this afternoon?
MS. PATTERSON: I was going to ask the same question. It's
your pleasure.
CHAIRMAN McDANIEL: Yeah. I'd rather we wait until we
do -- let's do that this afternoon after we're done with our
presentations from the applicants.
So with that, we'll take a hour and 15-minute lunch.
June 14, 2022
Page 99
(A luncheon recess was had from 11:45 a.m. to 1:00 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: Yes. Good afternoon, everybody.
Hope you had a nice lunch.
I think we're ready to go, Ms. Amy.
MS. LYBERG: Very well, sir. Thank you.
Good afternoon, Commissioners. For the record, Amy Lyberg,
Human Resources Division Director.
Before this item gets underway, I'm going to provide a brief
overview of the process that will take place this afternoon.
You will hear from the six candidate finalists for the position of
County Manager. Five will be presenting in person, and one is
going to be presenting via Zoom.
Presentations are going to be given in alphabetical order by t he
candidate's last name, and each finalist will have 10 minutes to share
the information on their candidacy for the position, after which the
Board may ask any questions.
The first presentation will be given by Steve Howard, and he'll
be followed by Amy Patterson; David Puente, Jr.; Dan Rodriguez;
Leonard Sossomon, who is attending virtually; and George Yilmaz.
So unless there are any questions or comments, we can begin the
presentations.
CHAIRMAN McDANIEL: Let's -- yes. We're going to have
some questions and comments before we begin the presentations.
Commissioner Taylor sent out a one-way communique last week
that I personally found a little bit distressing, but I don't disagree with
having the discussion about how we're going to, in fact, manage this
process. So if you would, please, address the issue with your
one-way communication.
COMMISSIONER TAYLOR: No. My thought was is that
each of us is given the floor, and there's a set time that we're given
June 14, 2022
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the floor to ask the questions. We could come back around again if
that's okay, but that the initial questioning would be five minutes per
commissioner.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: I mean --
CHAIRMAN McDANIEL: And maybe I misread your email,
but I --
COMMISSIONER SAUNDERS: I misread it as well.
CHAIRMAN McDANIEL: I had that you were indicating that
we only allot five minutes per candidate, and we -- and I -- and I just
want you to know --
COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: -- I mean, I don't -- to me this
isn't -- I've already interviewed these people.
COMMISSIONER TAYLOR: That's right, we all have.
CHAIRMAN McDANIEL: Unless something new pops up
today, I really don't have a need for additional questioning and
conversations, so -- and I certainly want to allot sufficient time for all
of us. This is more -- in my personal opinion, this is more of an
opportunity for the public to hear who the Board has to select from.
COMMISSIONER TAYLOR: Yep, I would agree.
CHAIRMAN McDANIEL: Okay. So, Commissioner
LoCastro.
COMMISSIONER LoCASTRO: Yeah, I was going to echo the
same thing, but I was going to say, you know, the resumé gets you
the interview; the interview gets you the job. This is part of the
interview. But I spoke to each candidate for an hour or more, as
they all know, and I asked all my questions. So unless they
presented something in their presentation that begs a question, this is
a chance for them to have the floor, to have the mic, for us to shut up
and have them make their final pitch on the heels of what should
June 14, 2022
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have been very long interviews by all of us, or complete interviews, I
guess I should say.
And so I'm not looking to cut them off, but whatever the Chair
thinks is an agreeable amount of time. I think we had kicked around,
like, 10 minutes. I mean, we're not looking for a 30 -minute
presentation. But, you know, this is for, you know, one of the most
important jobs in the county with a very high salary, and so I think,
you know, we don't want to cut anybody short. If there are questions
by some of the commissioners, I mean, I think we stay here as long as
we need to without getting excessively long, but I agree with the
Chair.
CHAIRMAN McDANIEL: Well -- and therein lies -- I think
we had advertised this at 10 minutes apiece for the candidates to give
us their presentation if I'm not mistaken; is that correct, Amy?
MS. LYBERG: That's correct.
CHAIRMAN McDANIEL: Amy, Amy. I could say Amy
twice and get lots of attention, can't I?
MS. PATTERSON: Yes.
CHAIRMAN McDANIEL: So I think with that, let's go forth.
And who was the first candidate? Forgive me. I didn't write down
your list.
MS. LYBERG: Your first candidate is Steve Howard.
CHAIRMAN McDANIEL: Okay. And I think, just from a
timing standpoint, Steven, you're our first one. We are going to set
the clock so we have some semblance of order, and you have -- I
think there is a clock in front of them there that will give you time to
manage your presentation, so -- and, of course, if the Board interrupts
or asks questions or those sort of things, you certainly will be allotted
a sufficient amount of time. But the clock will be running j ust so we
have an idea of -- so more than you have an idea, so please proceed.
Good afternoon.
June 14, 2022
Page 102
MR. HOWARD: Well, thank you for this opportunity to be
here today to be on the Paradise Coast. I actually got a chance, an
opportunity last night, it was late, about 9:00 at night, but people
were using that complex, so it's an amazing asset that you have.
There was actually a study released last week that talked about it
being about a $100 billion industry, so I encourage you to continue
down that track. It's an amazing, amazing asset that this community
has and a great quality of life. Thank you for allowing me to be
here. I am humbled and honored to be here today. Thank you.
My leadership philosophy is we are one county. We are proud
to serve the public. As stewards, we lead. We do as we say, and we
make a difference every day. So that's team approach. It's a shared
vision, obviously, with the Board of County Commissioners. You
set policy; we implement your policy. But it's important that we're
united and we reach that consensus.
I reached out to several city managers in the community, had a
good meeting with the sheriff a couple weeks ago, and continuing to
hear that same theme. With this Board of County Commissioners, I
will tell you, they've echoed it. The cooperation, the collaboration
really is amazing. So that excites me. That motivates me, and I
compliment each of you for what you're building together as a team
for Collier County.
Professional experience. This is really for the public. I think
most of you know that. But I've had opportunities to work for a city,
counties, law enforcement, administration, Seminole County,
large-scale government agencies. In the last 15 years I
celebrate -- actually, August 31st, 15 years as being a CEO/county
administrator for a coastal community of Camden County, Georgia,
home to the nuclear subs, the Trident subs. We're proud of the
military presence we have in our community, and just north of
Jacksonville, Florida.
June 14, 2022
Page 103
I'm a strategic thinker, an innovator, and a collaborator, and I
don't do this by myself. Again, it's a team approach with staff
helping and assisting, carrying out the vision of the Board of County
Commissioners and what's set for this community as well.
Education achievements, I'm not going to go through all these
quickly, but I have a master's in public administration, I'm an ICMA
credentialed manager through the International City/County
Managers Association. I also did a program with the Florida State
University as a certified public manager as well. Professional
affiliations, ICMA, fellow of the American Academy of Public
Managers as well.
A track record of award-winning government. And, again, it's
just not me. It's a team approach working across the aisle, across the
county with 25 state and national best practice awards from the
National Association of Counties, Georgia Association of County
Commissioners, and others in the areas of transportation, financial
management, information technology, planning, risk and emergency
management, civic education, and public information. And it's not
about trophies, but it is about best practices, and the goal is not just to
be the best practice, but to become the best practice in the nation, and
that's my goal of any organization that I work with. Again, a team
approach, working with staff to do that, but what an opportunity.
I always tell organizations, if you think you're good -- it's a
"Good to Great" book by Jim Collins -- make it great. If you think
your organization's great, let's make it greater. Those things
motivate me with organizations that want to do that.
Serving efficiently and effectively, I have a track record of
doing that, again, collaboratively with the boards of commissioner as
we set an agenda, top high priorities, and we implement those across
the county.
Quality of life initiatives, just did one for the Health Department
June 14, 2022
Page 104
centralizing those operations with state funding as well as
government funding at the federal level in open government
initiatives, citizens academies. Again, quality of life initiatives
across Camden County in our community.
I'm going to go fast today. I'm going to leave you with a great
quote by Ronald Reagan. The greatest leader is not necessarily the
one who does the greatest things. He or she is the one that gets the
people to do the greatest things. And, again, that's what leadership's
about. It's not about me. It's about being the CEO of an
organization, but it's motivating, inspiring, and accompli shing those
goals, and that's what I'd bring to Collier County as well. Again,
focused on really 12-month opportunities, not just five, 10, 15, 20.
We do all that, but you want top and high priorities. And it's
amazing what you're going to accomplish if you focus in those areas,
and I think you're doing amazing, amazing work now, but what an
opportunity to be part of that team that continues to raise the bar
collectively.
So thank you so much. I look forward to your questions.
CHAIRMAN McDANIEL: That was less than 10 minutes.
MR. HOWARD: I'm fast.
COMMISSIONER LoCASTRO: I've got a quick one.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER LoCASTRO: Steve, you and I had a
very -- I was very impressed by your interview that you and I had.
But one of the things you had mentioned, and I wasn't surprised to
hear it is -- because you have such a competitive resumé -- that you
were in the finals for another county manager position, and it seemed
like the timing was pretty close to ours. Can you give us an update
on --
MR. HOWARD: Yeah. They decided to go back out, and I
think that was probably a good move for that county. They're great
June 14, 2022
Page 105
people, but I think our goals probably wouldn't have aligned, but I
wish them the very best.
COMMISSIONER LoCASTRO: Okay, thanks.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. What do you attribute your
15 years -- I mean, 15 years as a county administrator is -- that's a
long time in the world of county managers, I think. I mean, what do
you attribute that to?
MR. HOWARD: Well, part of it's listening, listening. And,
again, I've had multiple commissioners along that path. But, again,
focused on the goals of the County Commission, the policies. That's
my goal and my role to do that, but also working as a leader across
the aisle all over. Sheriff's Office, Clerk of Court, everybody work
collectively as a team approach to do that, and I think that's the
success, but also listening to people to carry that out.
And also solution thinking. I mean, that's what I do. I solve
problems. The toughest ones you can solve.
But, again, it's a team approach working together to raise the bar
to do that, and I'm proud to have been there 15 years. That's a long
longevity. But I'm proud of that. And, again, that 's a good team.
You've got to have a team to do that. I don't take all the credit. All
these awards -- we've got lots of them, but that's because of the team
approach, the direction of the leadership of the Board to have the
courage to create change. And, again, once that becomes a policy,
we're going to work -- we're going to accomplish it and get that goal
realized as soon as possible.
COMMISSIONER SOLIS: You also had mentioned citizens
academies. Can you -- what are those?
MR. HOWARD: Absolutely. It's an interactive program for
the citizens. Again -- that's, again, initiative government outreach
opportunity, community engagement. So we put citizens through
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this eight- to 10-week course behind the curtain, I call it. Again,
building strong allies.
A lot of times you're going to hear from the 20 percent. I want
to hear from the 80 percent, too. So it's an opportunity. You have
the silent majority, but it's an amazing opportunity to let the public
have an exercise.
A lot of times I do an exercise with the commissioners. There's
interactions, our planning and zoning issue. They find out how
tough it is to be in your role. That can get tough. It's an
opportunity to do that again, get them engaged. It's a great
opportunity. The public really enjoys it.
COVID has been a little challenging, but we're doing it again.
We'll graduate the next class in a couple weeks. But it's an amazing,
amazing opportunity. If you don't have it, I'd encourage you to think
about that for this government.
COMMISSIONER SOLIS: Okay. And my last question is,
here we -- and I don't know if you're familiar with this, but we have
this process called the AUIR, the Annual Update and Inventory
Report. Are you familiar with that at all? And I'm not -- I'm
throwing this out there. I know it's probably out of the blue. But
it's a way that we set the level of service that we want in just about
everything in the county, and that translates into, ultimately, the
budget -- the Capital Improvement Plan, and then the budget process.
And I'm just wondering, in Camden County, how -- what's your
process in terms of the long-range planning of concurrency things;
roads, bridges, libraries? I mean, are you -- do you have a process
like that in Camden?
MR. HOWARD: We do, and I think you may have been
monitoring my computer last night because I actually watched the
video on that last night, so it was interesting to learn about it.
But we do have similar structure that does that, but also we have
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strategic planning that looks -- you know, a visioning process goes
out to 2037 with our state -- State of Georgia has programs and
processes very similar to that, very -- and I looked at the video last
night. It's very similar to we're looking long range, short range, the
population, where do you need to be at. But, absolutely, we have
some of those same concepts. We may call them differently, but we
actually have those same programs.
COMMISSIONER SOLIS: Thank you.
MR. HOWARD: Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a couple of quick
questions. Obviously, you're in a coastal county. You wouldn't
have submarines if you weren't fairly close to some body of water.
MR. HOWARD: That is right.
COMMISSIONER SAUNDERS: What kind of process do you
go through in terms of preparing for hurricane season? Obviously,
we just started our -- all of us have started the hurricane season.
What kind of steps do you take, and what kind of efforts have you
had over the past?
MR. HOWARD: We have an emergency management agency,
which works directly for me. So very similar to what you'd have
here, we're going to have -- Florida's experience -- we're on the coast
as well, so same process. So we bring stakeholders together, EOC,
emergency operations centers, we have a recovery center, all those
things. We're actually in the middle of building a brand-new
resiliency center. It's the largest grant of all time in the state of
Georgia, which will be the first of its kind. So, again, that's a best
practice that we're actually putting in place for the coast of Georgia,
but all those same best practices we have in place now.
We have an all-hazard preparedness program in place,
accredited program, but exactly what you have here in Collier is very
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similar to what we have in Camden as well. We have an EMA
director, we have staff. We actually have -- we won a best practice
award for unified command structure, actually from messaging. It
wasn't really so much -- you have different folks running different
pieces of it, but it wasn't unified, the messaging. So we brought the
base in, the school board, and we won a best practice award for that.
But it works very well, but very similar issues that you have
here. We have hurricanes as well that have direct impacts,
potentially. We're very lucky and fortunate. But planning is
amazing that we do. That's proactively you have to do that. A
failure to plan is a plan for failure.
So we do all of those programs proactively with that staff to
prepare us for if something was to happen, for all hazards. We have
other hazards we've got to, you know, deal with. We have a nuclear
base as well. So there's other issues that we have to be prepared to
do. But those relationships are strong relationships that we've
partnered with. And we do exercises. All of those things are really
important, accredited -- we have an accredited EMA center as well
with all those issues.
COMMISSIONER SAUNDERS: And you mentioned a couple
grant programs and some -- what sounds like some major
construction projects.
MR. HOWARD: We have almost a billion dollars, with a B, of
activity going on because of Kings Bay. So, of course, that comes
over to Camden, and it translates into interchanges, highways, all
those kind of programs.
COMMISSIONER SAUNDERS: I'm particularly interested in
any type of project that you're managing as a county administrator for
your county. If you could --
MR. HOWARD: Sure.
COMMISSIONER SAUNDERS: -- maybe give an example of
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a large one and how you go about managing and making sure that the
taxpayers are properly looked after.
MR. HOWARD: Absolutely. Well, with the resiliency center,
it's a $5 million grant. Resiliency center, a $5 million grant, which is
connected to the EMA center. That was a grant -- competitive grant
that we had to actually go after. We have staff in place. Obviously,
it's monitoring, there's reports, performance reports that will monitor
through the construction of that. And, of course, other steps. We'll
communicate that out to the public, newsletters. There will be an
open house, you know, to participate with that center when it comes
live, and we think that will be the next 24 months. We've secured
the building, actually, and leveraged that building to do that.
COMMISSIONER SAUNDERS: Let me give you a
hypothetical. You mentioned the Paradise Sports Park here, that 100
plus million dollar project that we have.
MR. HOWARD: Yes.
COMMISSIONER SAUNDERS: Obviously, there's some
major construction components to that. Ultimately, there will be a
field house, other major components to that. How would you go
about -- if you were our manager and we were looking to do a major
building, a major project like the Paradise Sports Park, how would
you recommend to us that we manage that to make sure that we're
getting treated properly by our contractors and engineers and
architects?
MR. HOWARD: Well, I think you have to have a dedicated
project manager, I mean, clearly, for that type size of project to
ensure that we're being -- we're watching for our best interest. It's
almost like a manager -- construction management at risk kind of
technique. But we'd actually have somebody internally watching
that, ensuring that we are, you know, paying what we should be
paying and monitoring change orders, making sure you have
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competent staff for that. I'd actually create probably a dashboard or
something that would allow the whole commissioners to be able to
have access to those milestones as you're reaching them to ensure that
we stay on budget appropriately, and there will be reports and, you
know, real-time, I think, data coming through. But it starts with
staff, making sure we have the competent staff in those positions.
At my level, you need more than that. I mean, as a CEO of the
county, you have a lot of activities. I don't have to tell you that; you
know that. But you've got to have a project man or actually focus
solely on that. There's a lot of money at that. But also, if you get
grants, there's a lot of ties to that, that you have to make sure that
you're doing that properly and that you're carrying out the milestones
and the activities that you agreed to do.
COMMISSIONER SAUNDERS: Thank you.
MR. HOWARD: Thank you.
CHAIRMAN McDANIEL: Thank you. And with that, thank
you.
MR. HOWARD: Thank you.
COMMISSIONER TAYLOR: I didn't have an opportunity to
question.
CHAIRMAN McDANIEL: Hit your button, please.
Everybody else has hit the button.
COMMISSIONER TAYLOR: Oh, I had no idea.
CHAIRMAN McDANIEL: Yes, ma'am.
COMMISSIONER TAYLOR: I thought you were just going
down the line.
CHAIRMAN McDANIEL: No, ma'am.
COMMISSIONER TAYLOR: Okay. Thank you. Was that
in the initial instructions to hit your button?
CHAIRMAN McDANIEL: Typically, it is. I don't necessarily
say that I said it at this last rendition.
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COMMISSIONER SAUNDERS: It was implied.
COMMISSIONER TAYLOR: It was implied? I missed it.
So thank you, Mr. Howard. You mentioned that your budget, I
believe, that I'm reading here is $65 million in Camden. We have a
$2.6 million [sic] budget. And your population is 54,000, and our
population is about 340- to '60-.
What challenges do you anticipate to have to manage a
government entity that's appreciably bigger than what you have?
MR. HOWARD: I think still a little problem is a problem. So
if you have a problem in Collier, it's going to be a problem in
Camden, it's going to be the same problem all over the country, if it's
a small one, big one. They're numbers.
The majority of your budget's probably personnel, because of
the size of it, capital, utilities, those kind of things. So I don't see
that as a challenge for me if I was to come onboard. But, again, it
starts with, again, competent staff as well. If I have a CFO in
Camden -- we've done some amazing things in Camden with
reserves. We have about 30 percent, no debt. All those kind of
opportunities we've done in Camden on a smaller scale, but we can
do them. If it was a larger scale, it would be the same principle,
same approach that I'd utilize to ensure that that would happen.
And you have bigger populations, but you address those just like
you -- I've been in larger communities, actually, larger than Collier
County population-wise. Polk County is a good example.
Seminole as well.
So all those are the same challenges that you face. You have
obstacles, but you find a path forward to work through that to realize
those goals and achieve them. So I don't see that as a hindrance. I
actually see it as an advantage because I've worked in small ones,
large ones. I'm flexible. I can be a carpenter, and I can be a mule.
It depends on what I need to do, so...
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COMMISSIONER TAYLOR: Thank you. Thank you very
much.
MR. HOWARD: And the other things, I'd say management
gets the horse to the water, and leadership gets it to drink. So there's
a difference in if you're looking for a manager or a leader.
COMMISSIONER TAYLOR: Thank you.
MR. HOWARD: Thank you.
CHAIRMAN McDANIEL: You good now, Commissioner
Taylor?
COMMISSIONER TAYLOR: Yeah. No, I said thank you.
CHAIRMAN McDANIEL: Okay. Thank you, sir.
MR. HOWARD: Thank you.
COMMISSIONER TAYLOR: You're really giving me a hard
time today.
CHAIRMAN McDANIEL: Just today.
COMMISSIONER TAYLOR: I noticed that.
CHAIRMAN McDANIEL: Good morning, Ms. Patterson.
MS. PATTERSON: Good morning.
COMMISSIONER TAYLOR: Afternoon.
CHAIRMAN McDANIEL: Actually, good afternoon. Thank
you. Who's giving --
MS. PATTERSON: Good afternoon, Chair, Board members.
For the pleasure of the public, my name is Amy Patterson. I'm
currently the Acting County Manager. My actual title is Deputy
County Manager, the seat I filled for approximately the last year.
And I will say if you asked me a year ago that I'd be standing in front
of you today like this, I would tell you the answer is no, but it's been
an amazing year, and I'm really happy to be here.
So just a little bit about me before I go on. I am a 22 -- nearly
22-year employee of Collier County. I was born here and raised in
Collier County, born at Naples Community Hospital. I lived here
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my entire life. I come from a family of educators, high school
principal, teachers who maybe were a little surprised when I left the
school district to come to work for Collier County.
So I have worked for four previous County Managers, each one
bringing strengths to the table that I've learned from. But I have to
start at the beginning with County Manager Neil Dorrill. And I was
told that I couldn't say that Neil Dorrill made me feel like county
government was cool, so I'm going to say what I learned from Neil
when I participated in Know Your County Government way back
when I was a junior in high school was that Neil made me want to be
a part of local government.
From there I got hired under Tom Olliff, and he was very
approachable, and he had the ultimate respect for the employees, and
you knew that every time you sat down with him.
I was just a fiscal tech or a fiscal analyst at the time that I had
my first meeting with Tom, and I didn't feel any different than the
folks sitting in the room. I think that's incredibly important.
Jim Mudd. We all know the legend that's Jim Mudd, and he
taught me very, very important things about the importance of
integrity, public trust, and the nobility of public service, and I think
those words don't need to say any more. The lessons I learned from
him I will never forget, and that time I spent with him I appreciate so
greatly.
Following Jim was Leo, and he brought a completely different
skill set to the table. He was the ultimate diplomat and patient.
And you would watch him work on a problem for as long as it took to
get to the results he was looking for, and that is very important.
And finally, Mark Isackson. I worked for him two different
times. Once as the budget director and the second time as the
County Manager, and he was a -- is a financial wizard and taught me
the skills of financial management, stewardship, and thoughts on
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long-range planning, not only for financial matters but just matters of
the government in general.
So with that, you'll ask, what would I do? I've been here a long
time. I've worked with folks and cried and laughed with the folks
that work here. And I'm going to break this down into just a couple
of components, as they all link together.
The first is our workforce. We have to cultivate and empower
talent and build our bench back. The second is the development of
sustainable policy, and there are multiple points underneath of this, as
you can imagine. We need to enhance our community relationships
and our community engagement. I appreciate Mr. Howard's
comments on this so much. Safeguard the public's trust and preserve
and protect the character of Collier County.
Our workforce is just so incredibly important. It is the
backbone of everything that we do. So building on those points that
Mr. Isackson brought to you is we need to continue to cultivate our
internal talent. We have folks all through this organization that have
unique skills and are willing -- and do give their all every single day
for Collier County, and those people we need to continue to invest in
and grow.
We need to empower our employees to make informed decisions
and that accountability is not a scary idea. When we make mistakes,
we shouldn't be afraid to say so and just come forward with solutions,
and we learn from those mistakes and we grow.
That will help us to build morale and to create sustainability in
the workforce. There is nothing worse than feeling like every day
that you show up here might be your last day, and whether that's true
or not, that is a common sentiment amongst the workforce that they
think that they can be fired. There is a lot of trepidation, and that
comes from a lot of factors, some beyond our control. But it's our
job to provide that assurance to the workforce and encourage them to
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do their best every single day.
And, most importantly, we need to build a bench and a bench
behind that and a bench behind that. We are incredibly lean right
now in our talent base. We've lost people to all sorts of factors,
including the economy, retirement, and things that we don't
understand.
But it's my belief that every employee should be encouraged to
achieve and embrace the belief that the next step is within their reach
and that they can go all the way to the highest level of this
organization. And if you look around this room, you'll see folks that
did that, started as job bank employees, started as secretaries, and
they are achieving the highest level in this organization, and everyone
here that works here I hope is hearing that message that we believe in
them and hope that they believe in themselves to do that.
Sustainable policy. Changes in the economy change our
conversation, but they don't erase the fundamental issues and needs
of the community, and we need to get way from these peaks and
valleys or spikes where a policy is important and then it's not based
on changes in the economy. And this runs from growth management
in the over and under regulation cycle, affordable housing or housing
that's affordable, disaster planning, our financial management, very
key is the management and maintenance of critical assets and
inventory, public safety, resilience policies, and strategic plans and
master plans. All of these require a steady and consistent policy, not
one that changes with a changing economy.
Now, while we understand that the way we manage our finances
changes in an upturn versus a downturn, those underlying policies
cannot. And we owe it to you as the board, making those decisions,
to inform you about what it means when we make decisions when we
have to cut things. It's not just simply we cut the things you can't see
but, rather, we tell you if you choose to defer this or not ma intain
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that, what does it mean today and what does that mean into the
future?
Community relationships and community outreach. This is
something that I've come to find we could do a much better job at
facilitating those relationships in different ways than we ever have
before. We have common goals, we have different strengths, but we
also owe it to our community to forge new relationships in ways that
we never have before with employers, with those people that provide
public services, and with just the folks that live here, and we must be
diverse and inclusive because we are a diverse and inclusive
community.
And, further, as far as community engagement, we have many
ways that we can enhance public outreach in education where we
send our employees out. We encourage them to volunteer in the
community, because we're part of the community. And we need to
understand our audience because the issues, for one are not the issues
for all. And sometimes they are, too, but we have different pockets
in this community that are interested in very different things, and we
need to understand that and be able to embrace it with the common
goal being Collier County.
I've found when we go out and talk to people that we can do a
much better job sharing and educating everyone on what we do and
how we accomplish it. It is amazing to me that the two backbones of
what we do, the budget and the AUIR, the Annual Update and
Inventory Report, and our capital planning are the least attended
events that we have. We have virtually no one show up to these.
And why is that? Citizens don't know. They don't understand the
process. We can engage the public in a different way to ad dress
these types of things and to get people engaged and involved. I went
out to a Leadership Collier event and talked to them about these
things and asked them, the ways they could be involved as
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community leaders is, again, involved in the very beginning when it
all starts. Aside from land use, these are the key drivers of
everything that this government does.
Building confidence, safeguarding the public's trust, and
preserving and protecting the character of Collier County. The one
thing I will say about myself is that I will be honest with you,
sometimes brutally honest. I believe that's important, and my
coworkers will tell you -- my coworkers will tell you the same is that,
through my career, I'm not afraid to tell the truth. I'll tell you the
truth whether you want to hear it or not, because I believe that's the
way we have to operate. We have to insist upon ethical behavior,
have an open dialogue, protect the financial strength of Collier
County that Mark Isackson so carefully built over the last 18 years,
and continue on with responsible growth management and promoting
a positive business climate. This will build the community's
confidence and their trust in our government.
With that, I am open to any questions. Thank you so much.
CHAIRMAN McDANIEL: Do you want me to call on you all
individually? Commissioner LoCastro.
COMMISSIONER LoCASTRO: Amy, just a follow-up
question I have for you. And we touched on it in our interview, but
some of the things you put on here reminded me of it. You do have
a lot of depth in this county, obviously, and with a lot of senior
leadership that people who have worked here a long time think highly
of, you know, Jim Mudd, all those that you mentioned.
So, really, you should be poised to be able to jump into t he job
quickly. It doesn't mean you're the leading candidate. But having
said that, you've had a chance to assess the staff the way that Mark
Isackson did, and he dove in very quickly and within short order
rearranged, reorganized things, solidified two deputies, moved some
people, you know, into some different roles, moved some people out
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the door and held it open for them, all things I really respected and
appreciated and I thought were long overdue.
Not naming names or anything specific, but what's
your -- what's your assessment of looking at how things run here in
the county and how the staff is set up, and what, if anything, comes to
mind? We briefly touched on this in the interview, but, you know,
I'd like to hear a little bit more depth on the record as far as not what
you would do necessarily on day one, but what jumps out at you as,
wow, now that I have the steering wheel here's some things that
would definitely be on my short list as far as reorganization, or not,
or anything sort of in between? And like I said, not specific, like,
I'm moving these three people out, but I think you know what I'm
talking about. So what are some of the things that would be high on
your list quickly?
MS. PATTERSON: Understood. So when Mark was hired as
County Manager and started his reorganization, the understanding
was that there would be subsequent waves of tweaking or
reorganization, and events, as they were, prevented some of that from
happening. I think that it was important to do what Mark did, then
step back and evaluate how well it was working.
Some things worked really, really well. I think we all know
that. And some things we thought were going to work well and
perhaps they need just a little bit of adjustment. I would say the two-
deputy system we really, really like. It gives more depth. It
provides more resources not only to the Board but to the community
to answer those high-level questions, to provide guidance to staff.
But the capital deputy and the operating deputy, when Sean left,
turned out to be a little bit problematic because they were still too
siloed.
So what I would like to see, if I had my way, I would like to see
more overlap between those deputies. You still could have the core
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functions and assignments, but what Dan and I have implemented is
that we're really always working together and collaborating on what
we'll call his stuff and my stuff. It becomes our stuff. We're
working together all the time for that so that if I am out or if I have an
engagement or something like that that takes me away from the
office, Dan isn't wondering, well, what was Amy doing with this? I
have no idea. I can't -- we're that connected that, for all of our big
issues, we're really in lockstep, and I think that's a really good model
going forward.
Secondly, we do have some restructuring remaining with the
pieces of administrative -- not to name names, but the former
Administrative Services, finding the right places for those divisions
that reported up through that structure that no longe r is there.
We have some ideas. Actually, Mark and I had been working
on things even before his retirement of exactly how to gain further
efficiencies on those -- on those matters. So it's not that it's another
big shakeup. Change is difficult. It's needed often, but it's also very
difficult, and we have to be systematic in how we do that.
So I would say that, yes, there's additional things that need some
realignment, but there are things that are working well and those
things that we definitely know, well, that didn't work exactly the way
we intended, and I think that that's something that we have to be
sensitive to. But I would say that that would be the big one first
there is this -- the reconfiguration starting at the top and then
understanding how the pieces fit in underneath of it.
COMMISSIONER LoCASTRO: Okay. Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
I'm going to ask a question or two that really has no reflection
on current staff or anything. It's just trying to look forward going
forward.
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We have -- obviously, we have some very major projects going
forward, and we've had problems with them. I think Paradise Coast
construction project has been problematic in a lot of ways in terms of
delays, cost overruns, and things of that manner.
And my question is, going forward, how would you recommend
that the county manage and control these major construction
projects? I was talking to one of our staff this morning, major road
project, Vanderbilt Drive Road, 40 percent increase in cost, almost
puts it out of the range of being able to do it. So how would you
manage these types of projects going forward, making sure the
engineers are doing what they're supposed to do, the contractors, the
architects, and we're not getting gouged by unscrupulous contractors,
if there is such a thing as an unscrupulous contractor?
MS. PATTERSON: Sure. So I think there's a couple of
prongs to this answer. One, wholly outside the control of the county
is our current economic situation. It is escalating costs at a pace that
we haven't seen in a very long time for reasons that are beyond our
control.
I think that we have to carefully evaluate those projects that we
bring forward in this cost environment. Some may be absolutely
necessary, and we may have to bear those additional cost increases
because of health, safety, and welfare, and there are no other choices.
There are other projects where we may say, if we take a couple
months' pause, look at what's happening in the economy, allow it to
stabilize or not, and then reevaluate, that is another option.
But as far as what's gone on with some of the major projects in
the past, a couple of things have happened in my belief is, one, they
have suffered under changeovers in leadership without consistent
direction. The vision started one way and did not necessarily
translate or transfer to the next person that picked that project up or
the next one. Again, some things are beyond our control, folks
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leaving, but we have to be much more organized in what we do, the
reasons why we do it, and what we communicate to the public.
We often want so much to communicate that positive message
that we're almost afraid to communicate the setbacks, the things that
may slow a project down for lack of wanting to disappoint the public
or an elected official.
My personal belief is that we owe it to you. If we've
experienced a setback in a project for either our own mistake or
something utterly beyond our control, that's something that we owe to
you to fully disclose that information so that you can make sound and
informed decisions.
As far as managing the contractors, it really comes down to the
very beginning. It's that planning and the scoping to understand
what we're trying to accomplish to be sure that we have a sound
scope when we go out to design these projects and then when we
move to construction so that we can ensure that we are holding both
our design professionals and our contractors accountable.
And when we have projects that don't turn out exactly the way
that we expected -- I can look at Commissioner Taylor and say, the
West Goodlette project, there were so many things with that project
that we have now learned. It is absolutely our responsibility to take
those lessons and bring them forward into projects that we do in the
future. We did these things well. We did these things terribly.
And that's -- it's not a bad thing to be able to admit that and to learn
from that and to be sure that those lessons learned make their way
into how we manage projects going forward.
We have to tell you-all the absolute truth from the beginning of
projects to the end whether that's, again, something that's
uncomfortable, it's something that we owe to you because you owe it
to your constituents.
COMMISSIONER SAUNDERS: Thank you. I don't have
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any other questions.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Ms. Patterson, you had mentioned
in one of your slides that one of the key initiatives for you was
sustainable policies -- a sustainability policy. Can you give me a
more specific idea of what you mean by that.
MS. PATTERSON: Sure. So there's nothing to me more
difficult than we have a set of policies and then we reverse course. I
don't want to pick on affordable housing, but it's probably the easiest
one to use in this example. We -- in 2007, in that time period,
maybe even earlier than that, we were experiencing a very similar
situation in Collier County. We had extremely high land costs,
extremely high construction costs, very competitive labor market,
everything going on today. Affordable housing was absolutely on
the forefront.
What to do? What could we do as a government? What could
other people do? There was even legislation introduced at one point
by Representative Mike Davis trying to force different types of
public/private partner -- not force, but trying to encourage different
types of public/private partnerships.
Everything was being thrown at the affordable housing issue,
and then we know what happened. The recession happened.
People's beliefs were that, well, prices have come down. Things
have changed. Affordable housing, it's less important.
Now, the folks that do affordable housing for a living will tell
you that, in fact, while it may have disappeared from the radar,
affordable housing never disappeared from being incredibly
important or impactful; that, in fact, at that period of time the poor
and the needy got poorer, and the need for affordable housing,
perhaps, was even more intense because people didn't have the means
by which they could pay their rents or be able to pay their mortgages.
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And that change in the home price really probably exacerbated their
conditions. But it had disappeared because we were all experiencing
what we were experiencing during the recession.
It's my belief now we're going through the same thing with this
added twist of the rentals, because before we could -- one of the
common arguments was people could live in Bonita, people could
live in Estero. People don't have to own a home. They can rent.
But that option has nearly been taken off the table. The rents are too
high. Bonita and Estero are going through the same thing. It's
going on all through the nation.
Sustainable policy now -- so there's nothing that we or anybody
can do today short of things that may ease pain temporarily. There's
nothing we're going to build today or buy today that's going to cure or
solve this crisis. This is a long-term solution to a long-term
problem. But it's my belief our job -- our role as government is only
part of the entire equation, is to be able to create policy that is
sustainable through the changes in the economy. We do certain
things during an up economy, we do certain things during a down
economy, and we plan for those. So in a down economy, we don't
have as much money to spend, as much extra, we'll call that, but had
we been planning for that, we could take advantage of opportunity
buys, for example, on land and then be able to partner, promote
housing, things like that.
But if we just wait for things to soften and then say, okay, see,
now the affordable housing thing's off the table, and that's just not the
case. And that's true for any of our -- really for anything that we do
here is that what we do in an up economy and what we do in a down
economy may be different, but in the end the goals are the same.
We want to create sustainability, predictability, dependability so that
the people that are working here and living here can understand the
way things work and they can adjust accordingly along with us as we
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do.
COMMISSIONER SOLIS: So in other words, it would be
proactive instead of reactive?
MS. PATTERSON: Thank you. I probably could have said it
in three words instead of the 500 that I just said.
COMMISSIONER SOLIS: Okay. Well, thank you. That
was good. Thanks.
MS. PATTERSON: You're welcome.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: We are probably looking at a
downturn. Probably not 2008, we hope. But as we're moving
towards it, one of the reasons the county has invested in the Paradise
Sports Complex was not to bring the Atlanta Braves here. It was to
bring youth sports, because it is a proven fact that youth sports are
fairly recession proof. Parents want their kids to play sports because
they know the coaches recruit these kids, and it's a college education.
That can't wait for a recession.
What do you propose to do to get the sports complex back on
track? That's a lot to ask you. In very broad terms.
MS. PATTERSON: Sure. So there, again, are
probably -- there are multiple facets to that answer. We have the
issue of the management contract and what we do with that; that's
one piece because that's how that -- what's built there, how that
machine runs, how effectively we bring folks in to come here, to play
sports here, to utilize that complex.
I think we can all agree that was a difficult process back nine
months ago, and that's something that we continue to work on every
day with the help of our staff and the Clerk of Courts and the Board
and the folks from the outside.
That brings me to the second part and back to that -- those
community relationships and community collaboration. The wheels
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are already turning on this, but there needs to be more collaboration
in this arena. We have a tremendous amount of people here with
experience in all types of sports, from professional, amateur, and
even just those people that have done it for the entire time their
children have participated in sports. They know things that I do n't
know. They know things that will help us. Their voice is
important. And we all need to be going in the same direction
collaboratively to make the sports complex a success.
The capital construction would be the third part. I think we
took a huge step when we engaged our Facilities Management group
more aggressively in that. We have a project manager that is
extremely detail oriented, very skilled, to Commissioner Saunders'
question, is willing to hold the contractor accountable and is
accounting for every single thing that goes on out there. There's a
lot of, unfortunately, looking back and backward correction that
has -- has taken up a tremendous amount of time. But those -- that
team also has a focus on what we can do to bring the sports complex
to completion.
It may require -- it is going to require some difficult
conversations about how we fund that. Do we take additional debt
to complete the sports complex because we have to be done, and we
need to have that complex completely constructed? We're
committed to those conversations.
But I think each one of these has to run parallel, and it has to be
in our top five priorities, probably our top three priorities because we
have made this investment so far. We owe it to our taxpayers as
well as our tourist industry and those people that have paid into this
to complete what we said we were going to do and make it a success.
Failure is not an option here.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: And with that, I thank you.
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MS. PATTERSON: Thank you very much.
MR. PUENTE: Chair McDaniel, Commissioners,
constitutional officers that are here, and then Collier County
employees, I'd like to introduce myself. I'm David Puente. I'm
currently the deputy director of your Washington State Department of
Veterans Affairs in Washington State. That's my current role.
Obviously, I'm an external candidate. And some of the things
that I'm going to be focusing on today is two things that I want to
make sure that I can connect. Connect my state government
experience to county experience, because I think those are some
questions that you-all had about me, et cetera, because I have not
served in a city manager or county manager role. But I also think
that the experience, knowledge, skills, and abilities that I have
translate very well into being a county manager. And then,
secondly, I want to talk a little bit about my leadership style and who
I am as an individual.
So what I'd like to do is first talk a little bit about myself, who I
am as an individual as I take my first steps here in Collier County.
So about me. I'd like to talk a little bit about my intersectionality
about who I am as an individual. First of all, even though I'm an
external candidate, I grew up in Immokalee. I graduated out of the
Immokalee High School. I still consider Immokalee home. I grew
up in a migrant farmworker family traveling up to the northeast and
returning back when school started, so I'm very familiar with the
county. I have a lot of close ties here, and I have a lot of family
here. So my goal is to come back. So this is why I'm here today.
I've also served in the -- one of the reasons why I left is my
family. Obviously, we did not have the financial means to be able to
provide for an education, so what I was looking for is an opportunity,
and I took that with the U.S. military. So I joined the U.S. Army. I
served almost seven years. I am a veteran. I was a sergeant in the
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United States Army Criminal Investigation Command. So that's
CID. So to give you an analysis, if you-all watch TV, if you watch
NCIS, that's the army version of NCIS, so that's what I did within the
military.
I'd also like to share a little bit about I have an undergraduate
degree in occupational safety and health management from Central
Washington University in the central part of Washington. I believe
that also translates into the public administration or business degree
that you were looking for as well.
I have 30-plus years working in Washington State government
for two large agencies. So a lot of the skill sets that you're looking
for in a county manager, I'll be able to talk about here shortly. Out
of those 30 years, the last 19 I've spent leading organizations in a
senior level or executive level within state government.
My connection to the community -- because I think that's
important, to be involved in our community to ensure that you're
connected. The last 23 years I have been a football official and
baseball official around the communities in the state of Washington,
so I plan on continuing that if I end up being selected.
I'm also the president of our local association for sports, and I'm
also a board member of the Washington Youth Academy Foundation
which focuses on at-risk youths that are having difficulties trying to
finish high school.
So some objectives that I want to talk about where I make my
connection about how I translate from state government to county
and local and Florida as well. I've been very successful in my roles
when it comes to policy execution. The two agencies that I've
worked for worked in a board of directors function, so I've been in
that type of role and exposed to working with directors and
commissioners and et cetera, both within my state role and outside as
well. I am very familiar with government operations when it comes
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to operating agencies.
One of the things that I recognize for myself is I do have a gap.
You know, if I am selected, I am going to have to learn best practices
that are going on here in Collier County. I'm sure you have a great
leadership team that will work with me, provide me the institutional
knowledge that I need to get quickly up to speed so that I can help
run the organization.
I think what you're looking for is a leader, and I'm very
successful at doing those kinds of things. I'll talk a little bit more
about -- here in the future -- in the advance here about how I can
relate to that.
I'm sorry. Optimizing budget and financial management.
Public accounting is public accounting. I am not a CFO, but I'm
very familiar with managing budgets over the last 19 years. I
understand you have a 1.75 million budget -- billion dollar budget. I
get that but, again, numbers are numbers, and public accounting is
public accounting. I'm pretty confident that I can come in and
manage the budget, capital assets, and et cetera.
When it comes to the performance management and workforce
development, I do have a lot of experience at doing this at a state
level and also at a national level. I'm very familiar with dashboards,
doing process improvements, sitting down and having outcomes.
One of the things that's important for me, obviously, the county has a
strategic vision and mission and value statement. That is something
that's near and dear to me, because I think that's important, because
everything that we do in an organization is going to be tied to that.
I think it's important for staff to understand how they make that
connection to those vision, mission, and values so that there's value in
what it is that we do.
When it comes to workforce development, one of the things that
I want to share that's translatable is in 2017 I received the
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government management award from our governor in the state of
Washington for a project that I worked on at the Department of Labor
and Industries. So it was about a three-year project where we
focused completely on workforce development, organizational
development, and employee engagement satisfaction.
We were at about a 78 percent satisfaction rate for our agency.
It was about 3,000 employees. One of the things that we were able
to do is increase the participation rate and employee satisfaction to
about 84, 85 percent. I know those are small numbers, but when you
look at statistics, it's a really good goal that we were able to reach.
It's not just me, that award. It was the entire agency that we worked
on. So it's not about me; it's about the we, how we were able to
successfully get that, and the good work that we did as a result of it.
So about knowledge and management and organizational
direction, I'm very familiar with doing those. When you sit down
and you look at project management, organizational management, to
be able to do some of this work that's all in align with t he
organization's goals that we're trying to accomplish. Again,
operational effectiveness, when you sit down and take a look at those
things, I'm very familiar, working with the legislature in the state of
Washington. I know that can translate over to Florida. I'm also
familiar working with local county stakeholders, both internal and
external customers. I recognize how to work with people. I can
influence people and buy in, et cetera. I'm very good at sitting down
having conversations and listening. I think the other candidates here
have all talked about how important it is to listen, the ability to have
those candid conversations that you don't want to have when you
want to make those hard decisions and understand.
I think bottom line, as long as your customers understand why it
is that you're doing -- why we're doing what we're doing, I hope they
understand that. Sometimes they may not like the final outcome, but
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it's important for them to feel heard.
Advanced management in principles and leadership; very
familiar with developing strategic directions and goals and sitting
down and having conversations with an organization, leadership
teams, and our employees to ensure that we're focusing on the right
things. Make sure that it's effective, effici ent, and then operational.
Committed community relationships. I think this is important, I
think, and it's all been said by the previous candidates and for me as
well, it's important. I value working with communities and
stakeholders, building coalitions, sitting down and having
conversations with our customers so that we can understand what is it
that we're trying to accomplish that's going to meet their needs and,
obviously, financially sound and making sure that we're addressing
those.
To address some of the leadership questions, these are some of
my competencies that I'm going to bring to the organization. I'm a
champion about culture and values and what it is that I bring to
organizations. I'm able to sit down with leadership teams and
employees. What you will see -- what you will see about me is I am
one that likes to go out and about.
One of the things that I've learned in doing process
improvements and change management is genba. Genba is a
Japanese term to go see the line. Go see where the work is being
done. I think for me it's important to go out, get to learn the
programs, understand what's going on within the county so that when
we're making decisions as an organization that we understand what
best to do and how to -- again, to do it efficiently and effectively.
One of the things that I want to share with this diagram is two
years ago when I left the Department of Labor and Industries, this
was given to me, and this is what my colleagues and coworkers and
staff think about me. I know I couldn't bring someone in or do a
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little brief video about it, but here's who I am and what they see me
as a leader. So I'm a champion, I'm inclusive, I develop folks, I
foster collaborative work, I work on culture all the time. So these
are some terms that individuals shared about who I am as an
individual.
What I'd like to talk a little bit about is my experience in state
government. Again, I worked for two large state agencies. The
majority of it was with the Department of Labor and Industries.
That organization was responsible for the workers compensation,
safety and health, a lot of the regulatory functions that, in the state of
Washington, are handled by state agencies, not local counties. So I
think that's where, in and of itself, that a lot of work that handles
within the county are handled in the state agency that's a little bit
different.
You can see here in my timeline that my goals have been
constantly [sic]. One is to being a director of a state agency, and
what you can see here, from these jobs that I've held, they've all been
with progressive scope and increasing in job responsibilities, and it's
all been with -- in turn of doing -- of becoming a director.
My vision has changed and my goal has changed. I want to
return home. My parents are becoming elderly, and I want to make
sure that I'm able to be able to provide support and take care of them
as well. That's why I'm wanting to come back to the state of Florida.
My peers have also talked about accountability. I think it's very
important. This is very near and dear to myself. So this is a quote
that I have in my office. "The culture of any organization is shaped
by the worst behavior the leader is willing to tolerate." This is by
Gunther and Whitaker.
So with that said, I know the timer has gone off. I'm open for
questions. And thank you. Thank you for your time.
CHAIRMAN McDANIEL: Do you want to go first? I don't
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know -- we had been -- Commissioner Solis, do you have any
questions?
COMMISSIONER SOLIS: I do. You know, I'm curious to
how you think your familiarity with Immokalee, growing up in
Immokalee -- how do you see that helping your understanding of the
county and -- it just seems to me -- usually we've had County
Managers that kind of looked from the outside in at Immokalee, but
I'm curious as to how you -- how you see you being a little different,
that you kind of know Immokalee from the inside out.
MR. PUENTE: Thank you for the question. I think for me the
thing that I find so interesting is during my last 30 years of being
gone and coming back when I visit family is Immokalee really hasn't
changed much. It's still Immokalee, you know. And I think for
me -- and thank you for, Commissioner McDaniel, all the great work
he's done as well in the district. But it's still Immokalee.
So even when I come back and visit, I still hear about all the
challenges that the community are facing and what they're wanting to
be addressed.
I recognize I'm not going to be a savior here. I'm just going to
be another county employee here, but I also think it's important to
build those relationships. Interestingly enough -- obviously the
rumor mill works very well. I've been contacted by some of the
associations in Immokalee about what am I going to do? What am I
going to do to help? How am I going to make change? What is it
that I'm going to do? You know, and the reality is, there isn't
anything that I'm going to be able to do when I first get here, because
I've got to get to learn the lay of the land, learn what's going on,
making sure that I understand your goals and the focus that you want
me to do.
But I will say that being from Immokalee, I will be able to
listen, have that background and understanding of who they are and
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what they've been exposed to, and growing up there, all the things
that we've gone through. But it's the ability to build those
relationships and coalitions to focus on what it is that we're trying to
do here in Collier County, so...
COMMISSIONER SOLIS: Thank you.
CHAIRMAN McDANIEL: Anything?
COMMISSIONER LoCASTRO: No.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I think I'm going to keep
along the same track of questions that I've had for the other
candidates in terms of how you would manage our construction
projects. And I keep going back to that, because, you know,
obviously we have a -- tremendous number of issues that we deal
with, and I think we're very effective in dealing with just about most
of the stuff that we have.
But I think where we've really not been as successful as we
should be is managing our contracts, managing our engineers. And,
you know, a project goes bad, the engineers never have a -- it's never
any accountability to the engineers or the architects that we've
retained. And I'm just curious how you would go about making sure
that a major construction project from the bidding process all the way
to completing construction would be managed properly from the
perspective of our taxpayers and the county government.
MR. PUENTE: Commissioner, thank you for the question. I
think what I'll do is I'll translate it into what we currently have at the
agency right now with Washington Department of Veterans Affairs.
We recently receive over $100 million to do some construction work
at some of our transitional housing program that we have.
Again, you know, making sure -- and I think it's been said, too, I
think it's important for us to take a look at what's the common goal.
What is it that we're trying to accomplish? Best practices are best
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practices at what's been said here earlier.
But I think what's important is making sure that we look at the
contracts and procurement and what it is that we're looking for for
that value of dollar, to make sure they're being effective and efficient
with it.
Make sure you have good deliverables, scope of the contract so
that when we start putting it out for a bid, that you get all of the
things that you're looking for. Definitely having somebody in mind
to do project management of the contract so that when we're staying
and -- getting updates and staying current on the work that's being
done is important.
We're currently doing that with the contract that I'm just talking
about, so we're putting it out for bid. We're wanting to make sure
that when we put this out, obviously, you're looking at diversity for
bidding because that's a priority in the state of Washington. You're
also looking at cost of it because we're only going to get so much
from the federal government, and then we have to have
state-matching funds.
But for me it's important to keep an eye on the process. There's
always going to be change. There's always going to be increases in
cost, but I think that's where, as long as you're having conversations
with your contractors, you're making sure that you're going to come
in within budget. If not, let's have a conversation about scope and
what is it that we're trying to do.
COMMISSIONER SAUNDERS: There's been a mention by
one of the candidates of construction management at risk. There are
different methodologies for managing contracts. That's kind of what
I'm really trying to get at. You know, how would you structure a
management project?
MR. PUENTE: Well, I think the one thing I would say is at
least within our agency right now, we actually have a contracts
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management office that manages contracts and facilities when it
comes here. I can't say that I understand that's what's physically
[sic] going on here, but I've heard project managers are here and able
to manage within the Collier County.
One thing is, if you don't have construction staff or engineers to
help you within Collier County, that would be an area that I would be
trying to address. Having a conversation with the current
organizational structure, evaluating and looking at, is it something
that we can invest and bring in our own engineers if there's not none
here. But I think it's important to evaluate everything that we're
looking at and to also have a conversation with you as
commissioners, what are your goals, what is it that we're trying to do
and accomplish, so that we're both on the same page and accomplish
the task.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: What is Collier County headed
for, in your opinion?
MR. PUENTE: I think you just said it a little bit of time, and I
don't think it's just Collier County. I think it's the U.S., because
we've been having conversations in our state as well about the
downturn in economy. We all know that we're -- the gas prices are
extreme. We're having the same issues in Washington State with
housing. People can't find affordable housing. As soon as the
market comes up, they overbid. Overbid on a house, and you're just
putting people out. And the rents are going up, and those are things
that we're having to address.
I think here the things -- when I attended a couple meetings ago,
a couple weeks ago, and Amy talked about it as well, affordable
housing. That's also an ongoing issue in the state of Washington that
we're having conversations about how to address those things.
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At some point in time the county needs to sit down -- we would
need to sit down and have that conversation about how best to
address those things.
During lunch I was having a conversation or listening to a
conversation here about -- and I think some of the conversations that
I had with individuals -- with the commissioners as well. What
property does Collier County have right now where we can work
with developers? Look at other avenues and figure out how best to
use what we currently have as assets to try and address some of the
concerns that we're talking about.
COMMISSIONER TAYLOR: What is -- what is Collier
County to you? Describe it.
MR. PUENTE: One, it's home. It's always been a place that
I've described as being home, you know --
COMMISSIONER TAYLOR: Describe the economy for me.
MR. PUENTE: But for me, the economy, obviously, tourism,
construction, medical, health. Those are three big industries here. I
have to say several years back -- and I'm trying to remember the
name of the company. Add -- I can't remember now. It's a
medical -- huge company here out of Naples. Arthrex?
COMMISSIONER TAYLOR: Arthrex.
MR. PUENTE: So I applied for that -- I applied for a safety
and health job years ago to try to come back for that. So, again,
those are those industries here that I know are here common -- in the
state of Florida, here in Collier County.
COMMISSIONER TAYLOR: Thank you.
MR. PUENTE: Yes, ma'am.
CHAIRMAN McDANIEL: Thank you, David.
MR. PUENTE: Thank you, sir.
MR. RODRIQUEZ: Good afternoon, Chairman McDaniel,
Commissioners. Thank you for this opportunity to come before you.
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It is certainly an honor and a privilege to be at this level to be a
candidate as selected by you to interview for this position.
Thirty-two years and 10 days later, it certainly has been an
adventure but a rewarding one, so I'm not counting days.
CHAIRMAN McDANIEL: You're not counting hours.
MR. RODRIQUEZ: But in all sincerity, I would like first to
thank also Amy Patterson, John Mullins, and Sarah Hamilton,
Amanda, as well, and Geoff Willig in the County Manager's Office,
because the last year and a half, to say it's been full of surprises
would be an understatement. But certainly the last four months that
I've had the opportunity to serve has been professional, and they
couldn't be better people to work with, so thank you for that, the
team.
Let me give you a little background on me and where I come
from. My father was in World War II. He was in the Coast Guard,
believe it or not, and he trained in Michigan, and he decided to bring
his bride, my mother, to Michigan and buy a farm and raise a large
family. Well, I'm a result of that large family. As a matter of fact,
when people ask me, boy, your family's so large, and I said, yeah, my
parents got to 13, which I'm No. 13, and my younger brother was a
mistake. He's No. 14.
So with that -- but in all sincerity, why do I bring that up?
Because I have Midwestern values. I believe in honesty, dedication,
hard work, and integrity and that, I believe, has helped me through
my career with Collier County here. With each and every position
that I've held in the county, I've been given opportunities to promote
and support individuals as well as provide service to the community.
That leadership style, being supportive and having that
demeanor, my leadership style is a servant leader. I like to serve the
public. I especially like to serve our employees. But just as
important, I like to see our employees develop and become to their
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fullest potential. And if you look at my career in Collier County
Government, I have helped to develop very successful teams.
As part of that success, under five different county managers
and four different administrators, they have actually pulled me into
different divisions to help to build them, remake those divisions.
Whether they were in trouble because of leadership or the lack of
resources or lack of personnel or a lack of focus or strategic planning,
those county managers or administrators moved me in there to help
solidify those groups of people.
And I think over the years I've been successful. I've worked in
your Fleet Management Division at the time when our director at the
time left, and I was promoted there. And I helped to correct some of
the wrongs that were there, backlog of work orders, lack of customer
focus. We turned that division around. Whether it was Facilities
Management, helping to improve your building maintenance
operations, bringing in technology, work order systems to track
performance of staff, but also to get resources.
I remember standing in front of Jim Mudd and Leo Ochs going
through the budget, and I had a capital project list of $15 million, and
I thought Jim Mudd was going to shoot me.
He looked at Leo and said, who is this?
And Leo said, you need to listen to him.
And I actually slid that piece of paper across the table, and Jim
Mudd looked at it, and he says -- he looked at me and said, how
much of this can you get done?
I said 60 percent.
He said, I'll give you 12 million, and walked from there.
And that kind of set the stage for developing budgets and asking
and really pushing the envelope, because one of the challenges we
have here in county government is that over the years, and whether
good or bad -- it's been good for the taxpayers -- we hold the millage
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or we budget to a percentage.
And what I've learned through my years is, especially working
in Public Utilities and essential services, you need to budget to a
demand. Collier County continues to grow. The expectations from
our residents continues to increase. We as directors, managers, and
administrators need to find those trigger points where that demand
increases, and we need to add more resources.
Thanks to you, today you actually added six FTEs, you added
lifeguards for your pools, you've added craftsmen for your buildings.
I've had the pleasure of working with Amy and the budget folks over
the last few weeks to review budgets and to see some of those items
come through, the request for FTEs or budgets staying the same.
When I look at a budget, I don't look at a percentage. I look at
the individuals that are in the field, whether they're cutting grass,
whether they're painting, whether utility workers digging your
ditches, getting your wastewater pipes in. What are they asking for?
Are the resourced? And are those people that are getting the benefit
of those services paying for that, and those that are paying for it, are
they benefiting for it?
As your county manager, what I would focus the team on out of
the gate is to get back to strategic planning. The last strategic plan
was updated back in 2017, which was a very good plan. It helped us
to lay the framework for the best place to live, work, and play, and I
truly believe that this is one of the best communities in the nation if
not the world.
The development of that strategic plan needs to be focused on
the impacts to quality of life. You, the commissioners, need the
options. You need to see what that path looks like. Is the limit
600,000 people? Is it 800,000? Is it a million? What does that
look like for Collier County? How long do you want to wait in
traffic; two hours, an hour and a half? How long do you want to
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wait for beach parking or go to a restaurant?
Those are the decisions that your department heads and your
directors need to lay out for you in strategic plans. Those strategic
plans need to be coupled with tactical action plans that go year by
year by year also tied to a financial plan, because in government, if
we don't manage cost, if we don't track it -- it is important for us to
know what does it cost for us five years, 10 years, 20 years from
now.
As your Solid Waste director, I was responsible for doing rate
studies. I was responsible for getting the best value in leveraging
our relationship with Waste Management, a Fortune 500 company,
that provided great service collecting over 39,000 collection points
every day six days a week, touching customers.
In addition to that, I executed your capital program. In fact, one
day I was sitting at my desk in Facilities Management, and the
administrator at the same time brought a box. He goes, here, pack
your stuff. Didn't say he was firing me, but I thought I was. And he
said, you're going to solid waste. I need you to work there, execute
the project. There's $56 million worth of projects working with a
team of professionals. Dane Atkinson, he just opened your pools, by
the way. He helped to build the infrastructure you have today. He
did the largest reclamation of your landfill. To keep your costs
down, we have disposal capacity outgoing 54 years. He
built -- helped to build the landfill gas-to-energy plant which you see
today, which actually produces electricity for 1,800 homes in Collier
County, and it removes methane from the atmosphere, cleaning up
our air, all paid for by Waste Management, $8 and a half million.
How did that happen? Through collaboration, the ability to talk
to partners and bring them to the table. That's what I bring, if you
were to select me as the county manager, is my willingness to work
with people to solve problems.
June 14, 2022
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The two qualities of a great leader, as we all know, is the ability
to get things done. If you look at my career, I've been able to do
that.
Hurricane Wilma and Irma were worked off of debris plans
that -- teams that we helped develop at Solid Waste. Those debris
missions were tremendous. I remember the day that Hurricane
Wilma hit, and we thought we had about six months to clean up the
county. And for those of you that remember Jim Mudd, Jim
DeLony, we went to his office. He went in and said, we're ready to
start the mission. We'll be done in March. And I remember saying,
no, you're going to be done by Christmas. And I remember the door
shut, and if you've never heard two colonels go at it, it's certainly a
story.
But when he walked out, I'm thinking, all right, we've got till
March. He goes, what are you still smiling at? Get ready, because
you better be done by Christmas.
So with that, putting teams together is probably what I believe I
do the best, and -- but also empowering them to make decisions. As
a leader in county government, you have to be decisive. You have to
call the ball when it's necessary to get things moving. In addition to
that, you have to resource your staff. But probably the most
important aspect is you have to create an environment for your
employees that is conducive to change and supportive.
So with that, my financial background, I've managed hundreds
of millions of dollars of operating budgets and capital budget. I've
executed capital construction projects throughout my whole career.
I've probably had more audits from Crystal on me than anybody
in the county. And I will tell you, I don't recall one that had negative
impact or that was a detriment to my career. In fact, she and I have a
very good rapport, like all the constitutionals. I believe that we have
to support our constitutionals because we are all one government; we
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are all one community. They have priorities that we as a
government need to support, whether it's through facilities or the ir
infrastructure.
So with that, getting back to the strategic planning with our
directors. We have to set the scope for the agency's activity, we
have to focus density on the impacts of quality of life, as I mentioned
earlier, we have to develop a baseline for the quality-of-life
standards. What is it that's acceptable for us as it relates to our
services? We have to clarify long-term direction for each
department, each division. We need to have workshops where the
departments come to you and review their divisions, and each
division has a master plan coupled with a financial plan. I believe
we've gotten away from that. As Commissioner Solis mentioned the
AUIR, in some divisions that's the only planning tool they'll ever see,
and it's not as descriptive as it probably needs to be.
So with that, if selected as your county manager, I will continue
to apply many of those lessons learned in customer service, project
execution, and innovative planning to direct, mentor, inspire staff to
work hard in setting higher expectations not only for themselves but
also for their services.
We all are standing here tall on shoulders of leaders that came
before us to create a beautiful community we call Collier County.
As the new leadership team here, we have an obligation to
strategically plan for our future community in anticipation of the
challenges of growth that await us.
Thank you for the opportunity, Commissioners.
CHAIRMAN McDANIEL: There you go.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Mr. Rodriguez, I'll ask you
the same question I asked Ms. Patterson. You know, unlike the
external candidates, you guys have the advantage of having assessed
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the staff already working as directors, working close with senior
leaders who preceded you. What would be the things that jump up
on your radar as well that -- like I said to her, not that, you know,
you'd immediately change tomorrow or you would use a sledge
hammer to fix, but things that would be on your short list of areas
that you would attack immediately to continue to, you know, improve
or things that maybe you wouldn't, you know, that you would leave
alone. But what would be on your short list that you've already had
the chance to witness but, as a county manager, now y ou'd have the
chance to actually make, you know, execution?
MR. RODRIQUEZ: Absolutely. Probably the first top two
items would have to be, as Amy stated, that admin services section,
just to get some leadership in there to provide specific direction,
which we are already doing now, and that's to make sure that the
support groups, the internal service groups, provide the support that
the departments need to -- whether it's hiring people or planning for
safety or budgeting for the resources.
The other division, Facilities Management, all of our divisions
are sitting on a lot of capital money. A lot of projects need to be
executed. I would take the Facilities Management Division and
break that off and have its own engineering section. And why is
that? Because we have two very good examples where that works.
If you look at Trinity Scott's group, her Transportation division, Jay
Ahmad, that team, they execute the road constructions very well.
If you look at the Public Utilities under Tom Chmelik and Dr.
Yilmaz over the years, they were able to execute $50 million a year
in capital projects. So it needs a focus, it needs to be pulled off. It's
been fragmented, but there's some great people in Facilities
Management. They just need a little bit more help with resources
and staffing.
CHAIRMAN McDANIEL: Commissioner Saunders.
June 14, 2022
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COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
You've been here for a long time, obviously, and you've seen the
good and bad of Collier County over the years. What would you li st
as the two biggest problems facing Collier County Government, and
how would you go about addressing those problems?
MR. RODRIQUEZ: Whether it's a problem, it's more of a
strategic initiative, is the planning. What does the future look like,
and what have you, as commissioners, given us as guidance to plan
for that future?
Many times we sit down and go to the budget. Some directors
in the past haven't even come to the table to argue their budgets or to
talk about the resources. So that's strategic planning where we can
sit down with you, the commissioners, show our plans and then show
you a financial plan, and you accept it or you don't.
One of the reasons Public Utilities is very successful is because
they master plan their water, their wastewater, their solid waste, and
coupled with that, you know your rate structure's going out 10, 15, 20
years, but you also know the cost to deliver those levels of service
and whether that's capital infrastructure replacement of that capital
infrastructure or new to meet the demands of the future.
In addition to that, probably just overall government as a team.
We need to work collectively as a group. Amy and I and the team,
we talk about this every day, whether it's the department heads or the
division directors, we all have to work from the same sheet of music,
and that's, we serve the public, we're here to serve the public, we take
care of each other, and we've got to execute our work. And that just
takes communication. Once you remove the egos and the
insecurities from leadership, you can get that done, and you're able to
communicate a lot more.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor?
June 14, 2022
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COMMISSIONER TAYLOR: You have a problem,
hypothetical for this one, and certain things have been put in writing
for certain construction projects to be brought to fore, and for one
reason or another, over a two- or three-year period that hasn't
happened. How are you going to -- what would you do as county
manager to change the outcome?
MR. RODRIQUEZ: Sure. I would look at that division
director, that department head. I believe that your relationships in
business or county government are performance based. As long as
you perform, you have a relationship. When you don't, then you
need to bring them in and basically sit down and say, show me your
project management plan and show me where you anticipated all of
the milestones for this project. If the project's not moving forward,
you give them options. We need to get this back on track, and really
hold them accountable.
What this county government needs, and Amy and I are working
on doing that, is we need a standardized project management
software. Facilities Management has started that initiative under Ed
Finn and some other project managers. We're going to roll that out.
Why? Because the engineers that we hire use it. It's in the industry.
It's in the standard. You can pull up a chart and see the schedule.
You can see the budget.
In addition to that, there are performance-based operating
systems that you can get where staff at their desk that are tracking,
whether it's Procurement, whether it's Human Resources, you can
track where your initiatives are. Who's sitting on it, where it's been
for the past three days, and things like that. So if there's an issue
with a capital project, you have weekly, bi-weekly meetings. You
have reports that come out. We've used those and are very
successful in the Public Utilities and Facilities to a certain extent.
COMMISSIONER TAYLOR: Thank you.
June 14, 2022
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CHAIRMAN McDANIEL: And with that, thank you, sir.
MR. RODRIQUEZ: Thank you.
CHAIRMAN McDANIEL: Our next candidate.
MR. MILLER: Mr. Chair, Mr. Sossomon is online. I've asked
him to -- whoops. There, he's unmuted. I'll see if he turns -- there's
his video. Oh, he's muted again.
Mr. Sossomon, if you could unmute yourself, please. That
might have been my fault. I don't want it to appear that that was his
fault.
MR. SOSSOMON: I should be back.
MR. MILLER: You are, sir. Thank you.
MR. SOSSOMON: Thank you, Commissioners, for having me.
I appreciate your hospitality over the last few weeks in terms of our
one-on-one Zoom interviews. They were enlighting, and I
appreciate this opportunity today.
I take a little bit different approach, if you will. I'll tell you a
little bit about me. I'm a self-starter to begin with. I do believe in
team building, not just for operations, but also for decision making in
all the areas of government.
I'm a people person. I listen to understand, and then I make
decisions on which to act upon.
I lead by example. And I also like to put together -- for team
building, you know, it's collaboration and cooperation that works the
best.
Some words people use to describe me is I'm transparent and
also honest. I'm an open-door manager. My management style is
comprised of teaching, coaching, and mentoring and, over my career,
I'm proud to say that I have a number of staff members that work for
me at different levels that have moved on to other organizations or up
within that organization to become a manager or city manager or
county manager as well as directors or high-level directors in other
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operations.
To be an effective leader, a manager must gain the trust of the
employees, the public, and the governing body for which he or she
works for. It's important for a leader and manager to make all
employees feel important. I've had employees in the past that have
worked in a certain organization for 20 years or better, they've told
me as a county manager I was the first one to ever talk with them,
and they were in facilities. Sort of kind of like to where the boots
meet the ground for any operation.
One thing you need and I think I've heard in the past is to
develop a succession plan for sustainability in management and
operations. I have had a history of doing that.
Communications with the public. I'm very well adept at having
town hall meetings, like a lot of elected officials do, but I've had them
as a county manager. And I've done that for several occasions on
different projects. So public works projects, large-scale
development projects, and I've also developed several strategic plans
which have been modified slightly over the ye ars from my previous
employers. I usually focus them on quality of life, which you've
talked a lot about, but I also include environment, because in Florida
you've got to protect the environment as well as they do in other
coastal areas because it's so vulnerable.
And last but definitely not least, you have to look at the
economic development and community development issues that are
currently involved in the county.
Where I think some -- before that, if you will, is my education.
I've obviously got a bachelor's in political science as well as a
master's in urban and regional planning, so I don't just look at our
entity where I work, which is -- I'm there to take the best care of it
possible, but I also look at how we fit with any urban or regional area
for growth opportunities, if you will, and not necessarily growth
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outward but growth inward.
My master thesis, which was on housing, was actually published
in the Professional Geographer. Besides the earlier education and
achievements, I've also got a certificate in municipal administration
from the University of North Carolina at Chapel Hill as well as a
similar one from Clemson University and the University of South
Carolina, and I am an ICMA credentialed manager.
Leadership opportunities, I heard you talk a lot about -- and I've
talked to some of you about some of the construction problems or
issues that you've had. I like to put my boots on the ground. I've
gone out with the engineers to take a look at what's going on on any
particular public works project, and not to micromanage it, but -- not
to micromanage it again, but to look at it and see if I can offer any
suggestions to them for maybe making things a little better.
When I say I've had oversight for planning and development and
operations for some large projects, I'm talking about a large regional
airport that now contributes over $1 billion a year to the North
Carolina economy. I'm talking about working with large entities like
the Charlotte Motor Speedway to help them grow their attendanc e
from 125,000 attendees at each race to well over 250,000. That in
and of itself brought a lot of tourism dollars to the Concord/Cabarrus
County area, but it also had the spillover effect because it -- bringing
in OPM, other people's money, if you will, it filled up all the hotels
and motels within a 100-mile radius of where that speedway's
located.
I don't mind cold calling. I've called developers. I've called
builders. I've called economic development entities, if you will, and
recruited industry to come to my prospective cities and counties
where I have worked. I've gotten numerous examples of it, and I
think that's not just being a manager but also being a leader, because
I've been told by our governing bodies in the past that, you know, we
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needed to grow. What were we going to do to grow?
And I know from Collier County's perspective, you've got some
issues that you have to deal with, like affordable housing that we
talked about. I've had experience in affordable housing, so I think I
can bring something to the table there. But I would want to work to
preserve the environment you have, because a lot of people, tourists,
if you will, visit Collier County as well as other parts of Florida
because of its pristine environment, and you don't want to destroy
that in any way, shape, or form relative to growth opportunities.
I have got a pretty good background in financial management
and creative/innovative measures. When I was in South Carolina as
a county administrator, the county I was representing there as its
county administrator owned an independent living center and -- let's
see -- an independent living center, a nursing home, as well as a
dependent living center. And I found out that they were heavily in
debt with a high-level debt that they were paying an enormous
amount of money because of the interest rates.
I was able to come up with a special purpose revenue bond issue
that -- because I was told to by the county commission there that I
couldn't use taxpayer dollars to save it, but it c ouldn't close. So I
came up with that special revenue bond process, and we issued it at
reduced interest rates from, like, 8.75 percent to 4.625 and reduced
the term from near 30 years to 23 years, which ended up over the life
of the bonds saving the county over $10 million, which was fairly
significant.
A few months later I was able to use the same process, because
the county also owned a hospital, to refinance its debt, which wasn't
as onerous, if you will, of the other entities, but still yet I helped it,
and it ended up saving the hospital $3 million. And for those, I
received the bond buyers' ability (unintelligible) that year, one of
them for the southeast, which was really significant, because over any
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given year, there's about 10 million -- I'm sorry -- over 100,000 bond
issues every year that's issued in America as well as Canada. And
those are the types of things that I'd like to be able to bring to Collier
County as your next manager.
And with that, I know you all have my resumé, cover letter, et
cetera, and some previous discussions, and I'd like to make myself
available to answer any questions that you may have at this time.
CHAIRMAN McDANIEL: Anybody? Commissioner Solis?
Commissioner Saunders.
COMMISSIONER SAUNDERS: Yes. I had a nice
conversation with Leonard over the phone a few days back, and one
of the issues that I wanted him to address and I think perhaps needs to
address with the Commission as a whole. You served as an interim
city manager in Woodbury, New Jersey. That's where you're serving
now. And then you were an interim manager in Port Richey.
In Woodbury, are they looking to ultimately move you into the
permanent position, or why are these two listed as interim manager
positions? What's the story there?
MR. SOSSOMON: In Woodbury -- this is the farthest north
I've ever lived in my life, and I'm a southern boy at heart and
also -- so they've actually talked with me about staying on in more of
a permanent role, not just interim, but -- and they're still discussing it
at some level behind closed doors, if you will, to make a decision, but
I'd really like to get back to either Florida or one of the other southern
states where I have worked, like North or South Carolina.
I like the operational methods there that have been set up by the
states versus the ones in New Jersey. I'm happy here. I'm doing a
good job. I have actually made a number of accomplishments in
terms of doing the annual budget and also in terms of reorganizing
the fire department.
When I arrived here, I was presented with a 50-some-page audit
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from the state fire services department, and we had significant
problems. I've been able to replace that fire marshal with another
fire marshal who's doing a great job, as well as a fire administrator.
The difference is is the fire marshal actually takes care of all the
inspections and reports on the inspections or properties in the city,
and the fire administrator takes care of day-to-day operations for me.
So I could stay, but I would prefer to relocate, like I said, either
to Florida or North or South Carolina.
Port Richey, from day one I was to be the transition, if you will,
from the old regime that had gotten itself into some hot water with
the state. As a matter of fact, the mayor there was removed as well
as the vice mayor, and some city council members left.
So when I arrived, they had not even started their budget, and
the budget -- and this was, like, in June. The budget, according to
their charter and state law, needed to be presented to the city council
in a balanced fashion by early August.
Well, I had, like, six or seven weeks to put together a budget and
do that. I accomplished the feat and went ahead and adopted the
budget the next month so it could take effect on October 1.
But there, like I said, I was sort of kind of the transition team to
get them from the old regime, if you will, to the new regime, and I
accomplished that.
While there, I resurrected, if you will, several of their projects
that had gone by the wayside because of lack of initiative, from my
perspective, and one of them was canal dredging projects that had
been sitting there, and another one was their waterfront district.
They were wanting to change it and put pathways as well as other
features into it, and I was able to get both of them back on track and
pass it all to the incoming manager when he stepped in.
COMMISSIONER SAUNDERS: All right. Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor?
June 14, 2022
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COMMISSIONER TAYLOR: You have another career also
that you're working in at the same time your interim
county -- interim -- I'm sorry -- interim -- yeah, city manager, not
county manager. And I know you explained it, but I think it would
be very helpful for you to explain your involvement in the private
sector at the same time that you're involved in government.
MR. SOSSOMON: Yes, ma'am.
Two examples there. One was in the past I did work for a
couple private-sector developers in between my stints as a city or a
county manager, and I was very successful in that career in
developing projects as their COO. The one that you may be
referring to more directly would be a company by the name of Jordan
Brown. That was a consulting company that I also used to consult
with cities and counties in North and South Carolina initially helping
them with zoning ordinances and subdivisions regulations, as my
background was in planning.
Along that process, I also was able to do something that I was
advised to do by one of my earlier professors. He said, if you're
going to be a city or a county manager, there may be a day when yo u
need to have something to fall back upon.
And I said, well, what would be a good one?
And he says, well, you know something about real estate, so that
may not be bad.
So my family is involved in a business in real estate in North
and South Carolina. I don't own any property in Florida, so I don't
think there's a conflict of interest there, and I actually do not have to
work in that business. If I take a job somewhere, then I'm relieved
of that position, or if I decide to leave on my own accord, then I can
step back into it and start that process all over. So I'm very blessed,
if you will, to be in that position.
COMMISSIONER TAYLOR: Thank you.
June 14, 2022
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MR. SOSSOMON: Yes, ma'am.
CHAIRMAN McDANIEL: Well, thank you very much,
Mr. Sossomon. I appreciate you coming and speaking with us today.
Dr. George, we're going to take a court reporter's break before
we -- Terri's looking at me cross eyed here. So we're going to take
10 minutes. Let's do 12. We'll come back at 2:50.
(A brief recess was had from 2:38 p.m. to 2:53 p.m.)
MS. PATTERSON: You have a live mic again.
CHAIRMAN McDANIEL: Yes, ma'am.
And, Dr. George, you're going to wait for our colleagues to
arrive, one of which has arrived, and the other one I'm sure is
listening and heading this way before we go too awfully far into it. I
appreciate your indulgence.
And I think the County Attorney set -- aren't we having some
policy discussions about administration on conduct during the
meetings? Maybe we need to address the Board's conduct in
timeliness in returning when the Chair --
COMMISSIONER TAYLOR: I was arriving when
you -- when you -- I heard it.
CHAIRMAN McDANIEL: Three minutes late.
COMMISSIONER TAYLOR: I'm not.
CHAIRMAN McDANIEL: Well, Commissioner LoCastro is.
COMMISSIONER TAYLOR: There we are.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: Let's keep that very straight.
Now we're ready. Is he not picking on me all day?
CHAIRMAN McDANIEL: Yes, he has been.
COMMISSIONER TAYLOR: I say yes.
CHAIRMAN McDANIEL: He has been.
Dr. George, the floor is yours.
DR. YILMAZ: Thank you. Thank you, Commissioners.
June 14, 2022
Page 154
And it has been honor and privilege having listed by every single
commissioner being on your list, given a chance for wonderful
opportunity for a job that is above and beyond myself.
And I'm going to start with -- I'm going to start with introduction
of -- very brief, myself, for the audience, and the public listening, as
our commissioners are very much familiar with my background, skill
sets, and understanding and depth and knowledge, but I'll take about
90 seconds to go through some of the fundamental qualifications that
I have to share with the audience.
I'm an enterprise business manager running largest enterprise
businesses in Collier County, including Collier County Water/Sewer
District with $1.49 billion assets and recovery in terms of
amortization and depreciation recovery at the rate of 50 to $80 billion
annual appropriation under our R&R program. And, furthermore,
we have $302 million operating budget that we are managing under
my leadership, and the leaders work with me. Hundred fifty
million-plus dollars annual capital program is being executed,
average annually including water, sewer, solid waste, irrigation
water, facilities, constitutionals.
We do have $1.49 billion assets that we're managing, and we're
managing it actively. As Fitch and Moody rates -- Moody rates
would show that we're not behind in our appreciation nor
depreciation of such a large asset spread out over 86 square miles.
That's a great success story for the policies this board made.
Furthermore, we have $860 million government facilities that
we're managing assets. We started that process about 23 months
ago. We have some ways to go. Commissioners, that is equivalent
to 947 structures occupied under our Facilities Management. That's
equivalent to 4,861 square feet building space management for
constitutionals and our government entity.
I did want to paint the picture of your department head
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managing a significant amount of enterprise business among others,
including ad valorem, tax base funding, and Florida Legislature
mandated constitutionals, Facilities Management, and meet their
needs, including Sheriff, public health, safety, welfare.
How do we do that? I have highly skilled, highly trained
dedicated utmost professional all-American workforce who wants to
be the best and be part of the best of the best organization, 590
strong. And we have 132 contract employees want to be part of our
team. Every chance they have, they want to be part of our county
team.
I have senior executive capacity directors. They are between
four to five stars. I call them carats, that we shape and made them
shine out of diamond in the rough.
We have 21 senior managers 24/7/365 successfully delivering
mission critical life-sustaining services, water, sewer 24/7 at the
pressure for public safety, fire. Wastewater services in compliance.
Garbage services, 40- to 50,000 collections a day where very few
complaints comes to our County Manager's Office and your offices.
We make it look easy. There's a lot of logistics all the way from
crew leaders to senior field crew leaders/managers. I will briefly
touch upon what drives them to be where they are and give you the
best services you deserve.
I want to show a picture. And I'm sorry, Commissioner Taylor,
I'm going to pick on you on this one. That's a beautiful picture of
old Collier County Courthouse. That was within 72 hours after
Irma. I use iPhone with no filters; took that picture. I fal l in love
with it, and I put it on this picture. And I think, ma'am, it might be
one of the pictures competing with your pictures, but my opinion, I
think it's one of the best pictures I have better than yours.
And other piece I did want to put to the right side is that we talk
about hurricanes, we talk about risk management, we talk about
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readiness. I have two layers there, which I'm not going to get into
one, deals with hurricane Andrew, and within 18 months, mostly
within six months, all those hurricanes were a threat to Collier
County. We managed it, we mitigate it, we had lessons learned and
moved on.
When Hurricane Andrew moved, we didn't have means and
methods for debris mission. We didn't have debris mission
contracts, monitoring contracts, and we didn't have such a hard time
to recover as much as we could recover from federal and state
government.
The next picture, which I'm not going to get into very similar to
that, is Wilma surrounding all other storms, provided significant risk
to our county government. We were fortunate in Wilma. We had
Phillips Jordan, AshBritt, among others, crowded the gulf, three
debris mission contractors already hired competitively approved by
FEMA in our recovery rate for that direct hit Cat 4 M Class Wilma
was 96 percent.
I just want to share that with you that experience does matter,
and every event is different; however, diverse experience prepares
you for unknown and you're ready for the known.
This position, county executive, chief executive county manager
is all about future. And I'm going to suggest today, respectfully, that
when I'm county manager I will change the vision and the mission of
the County Manager's agency, not the Board. County Manager's
agency has not been touched more than 20 years. Ther e has been
micro and macro economic changes, demographic changes, financial
changes, and growth changes. It's time for us to visit what is truly
our vision/mission are at county manager level and the Board.
So vision is the best county governance and enterprise business
in the state and nation for current and future customers recognized by
our peers.
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It's not just the words, and words do matter, as Commissioner
Saunders says. We have been award-winning organization in so
many areas that we have proven we can be the best, and we ensure
that Collier County is well positioned to support intelligent growth
and the future community and our current community of Collier
County taking care of utmost customer care and service with no
compromise.
How we going to achieve our mission and vision? Priorities are
high level, five among others.
CHAIRMAN McDANIEL: Your -- with due respect to your
colleagues who have presented, sir, wrap it up, please.
DR. YILMAZ: Got it.
Financial and fund management excellence, growth
management concurrence, infrastructure planning and execution,
enterprise asset management, all that four will lead us operational
excellence for outstanding, exceptional customer service, and we
have proven that happen as well.
However, that's with laser focus on public health, safety,
welfare. I don't consider public health, safety, welfare priority. I
consider they are the filters for everything we do as we set our
priorities.
Leadership with integrity, service with credibility is our north
star, and we're here, lead to serve.
Drivers for propelling the organization would be smart funding,
exceptional enterprise management and, as importantly, one example
I want to give you -- George, what's your example? Last seven to
eight years, we were able to work very hard, planned, and we're ready
to provide service to Hogan Island Rural Village, Sky Sail,
Rivergrass, Longwater, Bellmar, villages and towns, and,
Commissioners, you can see Sky Sail right next to Rivergrass. We
already installed 136 water meters, and our customers getting our
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garbage, municipal solid waste, water/irrigation water service that
was thought to be impossible.
Next six months I'm just going to recommend our board adopt
new vision/mission guiding principles, initiate integrated financial
master plan and corresponding infrastructure and O&M so that they
are not separated from each other.
CHAIRMAN McDANIEL: Thank you.
DR. YILMAZ: Invest in priority visionary infrastructure and,
more importantly --
CHAIRMAN McDANIEL: Dr. George, I really apologize, sir,
but -- there you go. There's the most important thing of this -- that
all right there.
DR. YILMAZ: And then, most importantly, it's all about the
future. And Qwentin Nash Carttright Yilmaz -- I'm going to pick on
our Commissioner LoCastro, he has been encouraging me for Air
Force Academy, but I'm almost convincing him to give me the
recommendation letter for West Point.
CHAIRMAN McDANIEL: Thank you, Dr. George.
DR. YILMAZ: Yes, sir.
CHAIRMAN McDANIEL: Commissioner Solis, anything
you'd like to ask, discuss?
COMMISSIONER SOLIS: No, other than that look on that
picture, that's a look of somebody that's already calculating cubic feet
for a permit. Clearly.
No, Dr. George, thanks for the presentation. I mean,
you're -- you know, what you've accomplished in utilities is well
known and well documented, so thank you.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So you said the staff or the
organization of the county hasn't been aggressively attacked in 20
years, or I think that was -- I think that was your quote.
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So I saw specifically, or maybe less specifically, some areas to
attack. Let's get more specific. So I see what you would do in the
first six months, but let's just hear from you directly. Much like
about what I said to Ms. Patterson and Mr. Rodriguez, you know,
you've worked here such a long time, so the advantage the three of
you have and the external candidates don't have is they haven't had
visibility to the staff for 10, 20, 30 years.
So what would be the areas that would be your immediate, you
know, focus? And not just the areas, but what would you do? You
know, we heard from both of the other internal candidates of what
they would do with the staff and some other reorganization type
things and some departments that could use a little bit of -- a little bit
more attention or whatnot. What would be the things that you would
immediately do that you think we actually should have already done
a while ago but just didn't -- that we would do under your leadership?
MR. YILMAZ: Great question, Commissioner.
I think we're about 15 years behind. We can recover what we
could have done and we should have done last 15 years. For all
good reasons, we could not: Financial, recession, and what have
you.
There's a big gap between our critical infrastructure and our
growth rate and demand on our growth. I think that we need to
initiate as early as possible integrated financial master plan. That
will be first in Collier County. That integrated financial master plan
is not going to be based on tax values and what have you. It will be
how much revenues we're bringing, what are the Board's priorities for
us to invest, and I rank those priorities so that we can go after them as
early as possible, filtered through public health, safety, welfare.
A good example, Commissioner, is that taxable value going up
by 13.9 percent. Our Enterprise Funds did go up about 2.9 to
3.2 percent. The difference between revenue centric and budgeting
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based on revenues coming in and constrained expenditures based on
arbitrary and capricious, 2.5 percent you're going to get, and we'll do
what we need to do with the rest of the funding.
That has to be discussed with this board, and let's run this county
truly like an enterprise business as we have proven that we can. And
that will be one of the first things I would do, starting with integrated
financial master planning, move it to budget and appropriation
process, and making sure that Board has full visibility.
Low-hanging fruit and top-hanging fruit on the top so that we don't
spin our wheels going after low-hanging fruit. We keep our eyes on
prime harvest.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I think I may -- first
of all, thank you for all that you've done at the Public Utilities. As
Commissioner Solis had indicated, it's well documented --
DR. YILMAZ: Yes.
COMMISSIONER SAUNDERS: -- and I certainly appreciate
that.
You've managed a lot of major construction projects. So what
type of methodology have you used to make sure those are on budget
and on time, and how would you -- what would that translate to in
regular county projects?
DR. YILMAZ: Great question, Commissioner. It is scalable,
adaptable, adjustable. We have used PMI, Project Management
Institute, standards, and we have encouraged all of our projects to
receive project management professional certification in addition to
professional engineering certification. That is an institution, national
institution establishes framework understanding from finances and
cradle to grave how to manage a project.
Every project has to have one project manager fully accountable,
fully empowered with logistics and support to them through
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financially, administratively. That's where I think, relatively, we
have been more successful. We're all humans. Even before we are
born, we have hiccups. But the bottom line is, can we get it to the
point that we do routine things routinely and nonroutine things done
routinely because of the fact that, in project environment, there are a
lot of unknowns, uncertainties. Plan for it.
But we don't have to reinvent the wheel, Commissioner. We
will simply follow Project Manager Institute guidelines, training
program, their certification for PMP, as well as our state licensure
PE, licensed professional engineer, licensed professional hydrologist,
licensed environmental professionals. All those professionals
already trained hit the ground and running and make things happen.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: How are you going to manage a
government as an enterprise business?
DR. YILMAZ: Commissioner, I think it's nature to us. It's a
transformational shift. The General Fund, not just Collier County,
cities and others, they approach budgeting by looking at how much
taxable values we have. Then we look at rolled back millage. Then
there's a political discussion in terms of policy making where we will
not be. What is lost in that discussion, what is it that we're trying to
provide service to our customers? That's the significa nt difference
between Enterprise Fund management and ad valorem based
government services.
In Enterprise Fund management, we know that we're going to
provide high-quality water, always safe 24/7 ready for baby formula.
No compromise. There's a cost associated with it. It might be
2.9 percent. It might be 7 percent. It might be less than last year.
That's the revenue-centric approach to it.
So I think that we're very fortunate in Collier County that we do
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have our taxable revenue in the form of ad valorem taxes, one of the
highest for going into this year, 13.9 percent. The policy's going to
be, what are the business drivers and what are the customers demand
as a service based on those priorities we mentioned, screening public
health, safety, welfare. Not nice to have, but what are the truly most
important priorities to our customer base? Do we have a bridge out
there under standard that needs to build now, or are we going to
invest in additional football field?
I'm not saying one is worse than other or better than other, but
those are the policy decisions this board needs to be laid out clearly
with pros and cons, economy financial portfolio, and through some
scientific random survey, test the waters with our public, what is
most important to them before we invest that surplus money.
COMMISSIONER TAYLOR: Thank you. Thank you.
CHAIRMAN McDANIEL: Anything else?
(No response.)
CHAIRMAN McDANIEL: And with that, thank you, my
friend.
DR. YILMAZ: Thank you. Thank you, Commissioners.
Great opportunity.
MS. LYBERG: Thank you, Commissioners. That is all the
presentations for this afternoon. You have before you a decision to
make about what you'd like to do next. You can debate today. You
can -- you've got a lot of opportunities, and I think I'll just leave it for
you for some discussion of how you'd like to move forward.
CHAIRMAN McDANIEL: I think that's a fine segue into us.
And before -- after we went to break, the mics were still on, and you
were heard asking the question as to whether or not we were going to
make the decision today. So for future reference, all of you
remember to treat every microphone as if it's on.
COMMISSIONER TAYLOR: No, that's fine. I mean --
June 14, 2022
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CHAIRMAN McDANIEL: No, no. We didn't do anything
wrong. I just wanted to say, you know --
COMMISSIONER TAYLOR: It just wasn't on the agenda, and
I wasn't sure.
CHAIRMAN McDANIEL: As you and I talked before, you
know, my mother's watching, and she's heard me say some things as
well after the gavel's been hit and chided me for it.
So I think we should have some discussion about how we wish
to proceed. I'd like to hear from all of you, necessarily, if we can, if
you care to, to assist with making this decision.
Commissioner LoCastro, you're going to get to go first.
COMMISSIONER LoCASTRO: Okay. Amy, first I'd like to
just say thank you for what you and your team did to pull together the
candidates and the process and get us all information, do the
background checks and whatnot.
You know, one of the questions that I asked the three external
candidates is how'd you find out about this job, and they all gave the
exact same answers: Oh, this one wasn't hard to find. It popped up
on my radar immediately.
So one thing I'd say is, you know, it was debatable whether we
should get a headhunter company or whatnot. If I owned a
headhunter company, I'd be watching the same sites and things that
these guys were all watching, and if I thought I had some stellar,
amazing candidate, I would have helped that person apply and, you
know, that's what headhunter companies also do. It's not a matter of
just hiring them.
So, you know, but getting off of that, I just want to say I think
you did all the right things. Even the 40-plus candidates that came
to us, there were incredible county manager finalists in that group.
So the six that are here, you know, I think we've probably all said the
same thing, you know, I think any one of these six would make
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successful, you know, county managers. So I'll just start by saying,
you know, thank you for everything you did, You know, none of us
expected to be sitting here in June talkin g about another county
manager.
Having said that, I'll just throw this out here for my colleagues
maybe to just sort of chew on. We're meeting on Thursday for the
budget meeting. Me, personally, I'd just like the idea to sleep on
this, chew on what I heard today, and think about it not just, you
know, do a quick knee jerk today. I don't think we're under the gun
for anything. We're getting together on Thursday. I certainly don't
need two weeks to think about it, but if we do 30 minutes on
Thursday -- and like I said, this is just throwing it out there -- to
either -- we give a list to Amy prior to Thursday like we did last time
with our top three, and then we see if there's an automatic winner, or
we just, you know, converse on Thursday and see if there's a
consensus for, you know, an overall pick. But I'll just start the
conversation there. That was just my initial sort of brainstorm
thought.
CHAIRMAN McDANIEL: My initial brainstorm -- or thought
on your brainstorm was it's difficult for -- I don't think we ought to be
making a decision in a workshop format. Workshop formats are
not -- they are public meetings, but we don't make decisions and take
board action when we're not duly noticed and in session and so on
and so forth. So if we don't make the decision today, we either have
to call a special meeting, and it certainly isn't -- as you said, we're not
under the gun by any stretch. We can make the decision on our next
stated communication, which is in the latter part of June. So,
personally, that's me. I wouldn't want to be doing it. How do you --
COMMISSIONER LoCASTRO: Well, I mean, you could
make an -- you could alter the Thursday meeting just hypothetically,
right, if we wanted to?
June 14, 2022
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CHAIRMAN McDANIEL: True.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN McDANIEL: True. What do you-all think?
COMMISSIONER TAYLOR: I'd like to wait a little bit.
CHAIRMAN McDANIEL: Till the second meeting in June?
COMMISSIONER TAYLOR: I don't know if that long. I
mean, we could call a meeting. I mean, how long is it going to take
us? We could call a special meeting assuming that it's -- you know,
it's working with everyone's schedule.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: I'm very flexible. What
everyone -- you know, it's up to everybody else.
CHAIRMAN McDANIEL: Got it.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I want to thank all six of the candidates. As has already been
said, I think any one of you would make a great county manager, so
we're in a great position right now to make the -- we can't make a
wrong decision, and I like being in that position. I've seen public
bodies chose between different candidates, and I've seen them come
up with the worst of the worst possible candidate. In this case, we
can't make a bad decision here, so I really thank the candidates for
that.
CHAIRMAN McDANIEL: That was well said, by the way. I
concur 100 percent with you in that regard.
COMMISSIONER SAUNDERS: But, obviously, we're going
to pick one.
So I would suggest -- I don't think we should call a special
meeting to do this. We do have a meeting on Thursday. As
Commissioner LoCastro has indicated, we can advertise that as a
special meeting for this decision. I think that's plenty of time for us
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to make a decision. I think the alternatives would be let's do this on
Thursday, advertise the meeting so it's duly noticed, or do it at our
meeting on the 28th. I'm good either way, but I'm ready to move
forward on Thursday. So that would be my first choice is to go
ahead and readvertise that as a -- at least part of it as a special
meeting of the Commission.
CHAIRMAN McDANIEL: It would give the public notice as
to when we're actually going to pull the trigger, too.
COMMISSIONER TAYLOR: Yeah, that's --
CHAIRMAN McDANIEL: I mean, necessarily, I'm ready
today. But if you -- if you want to, as Commissioner LoCastro said,
sleep on it, then I'm okay with that, too. Again, we're not under any
gun to --
COMMISSIONER SAUNDERS: I think doing it today would
be a mistake only because this is advertised as an opportunity to
listen to the candidates. There's no indication that we're going to
make a decision today, and so the public would really not be on
notice that we're making a decision. But this way on Thursday it's
proper notice, and I think we're ready to move forward with it.
CHAIRMAN McDANIEL: And we can do that -- okay. So
that -- the process is all okay with that. So I think that's the direction
we'll move.
Thank you, Commissioner LoCastro, for bringing that up.
Commissioner Taylor.
COMMISSIONER TAYLOR: One of the advantages of
waiting till Thursday is that we did this, we all met these candidates,
but now the community, the public is meeting them. And I think
there is an advantage there because, if they so choose, the public can
weigh in to us, and give -- you know, I mean, I'm always welcoming
of that kind of input. So I'm -- we'll have a -- we'll have a workshop
and a special meeting, right, on Thursday, and that's just fine.
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COMMISSIONER SAUNDERS: I guess one question would
be, do we want to have the special meeting first before we begin the
budget workshop? It probably would make some sense.
COMMISSIONER LoCASTRO: That's what I thought, yeah.
CHAIRMAN McDANIEL: It's really --
MR. KLATZKOW: Six of one, half dozen of the other.
COMMISSIONER SAUNDERS: Well, it's just that we should
notify the public as to what time we're going to consider this item.
That's why I was suggesting that.
MR. KLATZKOW: I think the budget's probably more
important of a decision.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SAUNDERS: I still think we should maybe
consider doing this first.
CHAIRMAN McDANIEL: Let's do it first. I agree with you
having a time-certain with regard to it. When we come in on the
budget workshop, we'll do it first thing, and then we'll be able to go
forward. Again, it's six of one, half a dozen of the other. And,
really, it's a workshop where we're hearing presentations from our
departments with regard to the budget. We're not making any
decisions.
COMMISSIONER SAUNDERS: And I don't think we're going
to be sitting here for an hour debating this issue. I think probably
most of us have kind of narrowed this down.
CHAIRMAN McDANIEL: Yeah.
COMMISSIONER SAUNDERS: And so I think it will be
fairly quick.
CHAIRMAN McDANIEL: You okay with doing it first thing?
COMMISSIONER LoCASTRO: Yes. I was just going to
add -- to ask, last time we did this we provided Amy with sort of our
top three, and we started the selection discussion meeting with here's
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what the top three were, and then it was obvious that we were zeroing
in on Mark Isackson. Do we want to do that, or do you want to just
come here sort of cold on Thursday with our own thoughts and just
start a discussion and, you know, take a vote on Thursday, or provide
something, you know, ahead of time?
And to Commissioner Taylor's point about let's -- the public,
maybe send us some notes, you know, over the next two days. I
already got a note here, Dr. George, that your son really should go to
the Air Force Academy, not West Point. So my in -box is blowing
up from Air Force people, so that was a poor choice of slide symbols.
But what do you think -- you know, last time we gave Amy a
list -- or do you think in this particular case we come in here and just
discuss?
COMMISSIONER SAUNDERS: I would say that we just
come in here and start with six.
COMMISSIONER LoCASTRO: I kind of thought the same.
Yeah, last time was a little bit diffe rent of a dynamic.
CHAIRMAN McDANIEL: I agree. I think -- I'm fine with
just -- I mean, it's -- like you said, it's not cold, but I don't think we
have the -- if we were going to, you know, belabor the decision or
actually put it off until the second meeting in June, then maybe we
could do that prioritization. But I'm fine with just coming in and
discussing it and making a decision on Thursday.
COMMISSIONER TAYLOR: I think that's -- I think not -- I
would not -- respectfully, I would not agree with waiting until June,
the second meeting in June. I think we need to give us a pause, but I
think, perhaps, at least I think I'm ready to make a decision on
Thursday.
CHAIRMAN McDANIEL: I am as well.
COMMISSIONER SOLIS: I am as well.
CHAIRMAN McDANIEL: So we're all good with that.
June 14, 2022
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Thursday. First agenda item on Thursday's workshop will be the
decision on the County Manager's job.
COMMISSIONER SAUNDERS: First decision on the special
meeting on the --
CHAIRMAN McDANIEL: Workshop.
COMMISSIONER TAYLOR: The special meeting. No, it
will be a meeting.
MR. KLATZKOW: So we'll notice it as a special meeting for
9:00 a.m --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: -- to be followed by the workshop?
COMMISSIONER LoCASTRO: Right.
COMMISSIONER TAYLOR: Yep.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER LoCASTRO: I think it's good for
candidates as well, too, not we're having them hang on till the 28th.
CHAIRMAN McDANIEL: Okay. Then that takes care of that
agenda item.
Ms. Patterson.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: Sorry about that. That brings us to
Item 15, staff and commission general communications.
I do have -- one item is just carrying on from the conversation
with Mr. Mullins, a clarification on the My Safe Florida Home
program, the question about the value, what it was based on, taxable,
appraised. So let me just read this. My Safe Florida Home program
value of $500,000 or less is based upon insured value, thus covering
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the cost of rebuilding the structure, not the market value or other
value which would also include the value of the land. Currently,
regarding the specific aspect, the MyFloridaCFO.com states, "Look
for additional details in the application process."
CHAIRMAN McDANIEL: A 10,000-foot view, it's the house
not the land.
COMMISSIONER SOLIS: That makes it even worse.
CHAIRMAN McDANIEL: Why?
COMMISSIONER SOLIS: The insured value is whatever
somebody wants to insure their property for.
CHAIRMAN McDANIEL: To an extent, up to half a million
dollars.
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: It doesn't include the land. And, I
mean, I was --
COMMISSIONER SOLIS: I'm just saying, if I have a house
that's worth a million dollars and I only want to insure it for
$500 -- $500,000, I could apply.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER TAYLOR: Oh.
CHAIRMAN McDANIEL: I see what you're saying.
COMMISSIONER SOLIS: Yeah, that doesn't make sense to
me in terms of what the whole intent of the $500,000 level would be,
but okay.
CHAIRMAN McDANIEL: I think -- well, further -- I think
there's more information to come with it. I did hear that as part of it.
MS. PATTERSON: Yes. Regarding specific aspects of this,
the MyFloridaCFO.com, which is the website, states "Look for
additional details in the application process," so it looks like it's more
to come.
CHAIRMAN McDANIEL: I didn't think about that. What I
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heard her say was it was more in tune with the replacement value of
the house above and not inclusive of the land, which would bring a
lot more people in on -- because the assessed valuation actually
includes the land as well, so...
MS. PATTERSON: It does. That's all I have.
CHAIRMAN McDANIEL: Thank you for that update.
County Attorney.
MR. KLATZKOW: I have nothing, sir.
CHAIRMAN McDANIEL: Okay. Commissioner Solis.
COMMISSIONER SOLIS: Nothing from me. I would like to
thank the candidates, though. That was -- those were great
presentations from everyone, and it's a great -- I think Commissioner
Saunders is right; it's -- we can't make a bad decision on this one.
CHAIRMAN McDANIEL: Very good.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, I have some.
I want to end with echoing a couple things, and some of it we
touched on it at this meeting.
But in my meetings yesterday with the staff, to include the two
deputies, or the Acting County Manager and the Deputy, I'm really
focused on how we -- and Commissioner Taylor mentioned this in
the meeting -- how we waive liens and fines. So I know Amy's
shaking her head up and down yes. You know, the rock crushing's a
perfect example, but, you know, just to reiterate, when we waive
those -- and I know that -- you know, that Mr. Klatzkow's probably
coming out of his seat here because he has a rebuttal to that at times
which is, hey, we waived this much money, but it saved us this much
money in litigation. That's legit. That has merit. But at times I
think we're Santa Claus a little bit too much.
We've got to remember that these fines matter. They also
prevent people from breaking the law because they don't want to be
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fined, and also those fines generate -- that's taxpayer dollars. It's not
county money. So when somebody owes us $50,000 in a fine and
we want to be Santa Claus, we just took -- we just stole $50,000 out
of the taxpayer pocket.
And I know I need some bathrooms renovated at Caxambas. I
bet I can do it for $25,000, so that's two bathrooms. And, you know,
we need to look at it that way.
And one of the things Dr. George said about running the county
like a business, you know, that has merit, but it also has some
arguable things. But where it has merit is if this was our company
and -- oh, by the way, it is, and we're all the CEOs -- we wouldn't be
waiving those kind of things unless our counsel said, listen, that's a
bad move, you know. So I know that there are different, you know,
type things.
And then, secondly, I just want to say change orders -- and we
talked a lot about this, but I want to just say it on the record. You
know, the example I used from my military days, so you have six
companies that make a bid. Company 6 is the cheapest, and you go
with them. All five higher companies all disappear, and then
Company 6 a month later has a change order that now would have
made them Company 2 and so -- and Company 2 that went away
might have done a way better job than Company 6 that couldn't
figure out, you know, the contract.
Change orders happen, but they happen a lot of times when it's
an unforeseen type of thing or it's relook at the project. There's a lot
of things that come before us and it's like, oh, they just discovered
some different turn in the road or whatever. Well, when they were
making the bid, did they not do their due diligence?
And so as, you know, Amy and I were talking, sometimes I
think we've got to go back to these companies and go, too bad, so
sad. If you need an extra 50 grand, it sounds like you're not going to
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make -- you're going to take 50 grand out of your profit margin.
And so, really, we want to take a close look at that, because it should
be less the norm and more the exception.
And then lastly I'll just say, we want to continue to really vet
things on the consent agenda. There's a lot of stuff on that agenda
where in one fell swoop we approve a whole bunch of things, and
sometimes I believe the things on the consent agenda that I have a
question about should be on the consent agenda, but as I've said
before, an extra line or two to sort of catch our attention, to have us
do a little bit of a deeper dive or explain something so it just doesn't
sound so black and white would really be helpful. And I know both
of you are working hard on that with the staff, but I just wanted to
sort of say that in a group here. It's a big pet peeve of mine, and I'm
sure my colleagues as well, and I think that's an area where we can do
a much better job, to be much more transparent and much more, you
know, for lack of a better term, maybe businesslike with the taxpayer
dollars. But, yeah, that's my closing comment. Thank you.
CHAIRMAN McDANIEL: Thank you.
Did you think of something before I go to Commissioner
Taylor?
COMMISSIONER SOLIS: I did. With your indulgence,
Mr. Chair, something Commissioner LoCastro just said reminded me
that there was one thing that I wanted to bring up, and I've talked to
staff about it, and it's about one of the things that was on a consent
agenda. The AUIR was actually on the consent agenda --
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SOLIS: -- this year.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SOLIS: And I really think that that is
something -- yes, we're one of the only counties that does this, and in
the past -- I even think at one point the commission would have a
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workshop just on that --
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SOLIS: -- because it was that important.
And I remember Manager Isackson saying to me -- and I was
shocked because he was somewhat in favor of doing away with it.
COMMISSIONER TAYLOR: Yep.
COMMISSIONER SOLIS: And I would urge that the
Commission make that another priority and just have a policy that it
not be on the consent agenda and that we really spend the time in the
future of looking at that, because it all starts with the level of service,
you know, and it translates, then, into the budget eventually. So I
would hope that that's just one of those things that's just, as a policy,
not going to end up on a consent agenda again.
CHAIRMAN McDANIEL: To that end, Commissioner Taylor.
COMMISSIONER TAYLOR: So, Commissioner LoCastro,
when I got here, I would look at this agenda and I'd see, you know,
$100,000 of fines and, you know, we charge them 5,000. And I
know I've had more than one conversation with County Attorney, and
he basically explained that we are here for enforcement; we're not
here to punish. And then I -- but I would get into reading them, and
really reading behind and see what -- and, you know, I think they're
fair. It's hard. It's hard. But when someone, you know, is in bed
and is sick and paralyzed from an accident and has all these code
violations going on, I think there's an even hand behind there that
seems to be making these decisions, however --
COMMISSIONER LoCASTRO: Yeah. Paralyzed in bed is
the exception.
COMMISSIONER TAYLOR: One exception is today. And
I'm going to watch this one really closely. I want that on the record.
I'm not going to let this one go, because then we become easy marks.
Then we become, well, I can just stretch it out, and they'll forgive it,
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and we don't want to become that.
I wanted to thank the candidates also. It was a really very
interesting and stimulating afternoon. The brain power in this room,
I'm in awe of it, I really am. And you approach this -- you've all
approached it in such a serious manner and with such great integrity,
thank you. Thank you for that. It really showed.
I don't think I have anything else to say. If I do I might
remember it, but right now I don't.
CHAIRMAN McDANIEL: Do you want to follow up on that?
COMMISSIONER LoCASTRO: Yeah. Just a quick
follow-up. I agree with Commissioner Taylor wholeheartedly. It's
not about punishment, but there's a word out there that I think that we
could enforce a lot more, and it's called accountable.
And so there are a lot of time where it's not a paralyzed person
in bed. It's a company who made a fool out of us, and then in order
for us to just sort of get out of something quickly -- and we do have
examples of that. And it may not -- I'm not saying that it's -- it may
not be the rule, but I just make the generic statement that I just want
to make sure we're holding them accountable, because we have to
remember this is not our money; it's taxpayer dollars. And I think if
folks know that we always sort of waive things -- you know, with the
exception of the paralyzed person in bed, there's some companies that
know, oh, yeah, that $1,000 fine, that $500 fine or whatever, you
know what, it doesn't matter what the number is. Then I sell the
building. The new person comes in and promises to plant trees, and
then the county always waives it, that's -- and we've set a precedent
for that, I think, that people on the outside know, and I think
we -- you know, we can't turn it on a dime and all of a sudden
everybody's going to start paying us fines.
And to Mr. Klatzkow's sage advice at times where he's like, hey,
the juice isn't worth the squeeze on this one, we're going to fix this
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one and get a much better product and, you know, the fine is
something that is superseded by so many other things, that's a
no-brainer. But let's be watching for those things that -- maybe
where we can't hold them accountable. And if the rock crushing
thing's going to be the first one, you know, I'm all in favor of that,
you know. So show me the check.
MR. KLATZKOW: The Code Enforcement lien waiver is a
board policy. When I first got here, we collected 100 cents on the
dollar. Then we had a couple things going on. We had -- the Great
Recession came, and we had hundreds of homes in foreclosure, and
banks wanted to take them over, but they had hundreds of thousands
of dollars in fines. So theory went, well, take it over, fix it up, and
we'll waive the fine.
The other thing that was going on was people who didn't speak
English would wind up losing their homes over an unpermitted shed.
And so then the Board policy changed. Well, okay, we'll go
from -- we want compliance, you know, more so than the penalties.
But this is a total board policy. You can change it any time you
wish. And there's a reason we bring these to you. The liens are
owned by the Board of County Commissioners. And if you see a
particular waiver that you think is more warranted for fuller
enforcement or -- by all means, you know, pull it from the agenda
and say, you know, this person is beyond the pale on this and, you
know, we shouldn't be waiving it. We're happy to enforce. We
used to do that.
CHAIRMAN McDANIEL: Got it. Thank you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Okay. Thank you. I've got
a couple -- I've got two items.
One is at the City of Naples/Collier County Commission
workshop we were talking about affordable housing, and it was
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brought up about the villages and the towns, and I said that I thought
that that affordable housing/workforce housing type of requirement
was somewhat illusory the way it was worded in the document. I
didn't bring the document with me. I just left it in my office there.
But it basically says that the developers of the towns and village
have to set aside a certain percentage -- I think it's 2 percent of their
property -- has to be set aside for workforce housing, but it's property
that is sold down the road to a developer, and there's a price in there
for that property to be sold to a developer to develop lower -income
housing or workforce housing, and -- which basically means that
there may never be any workforce housing in a town or a village.
There's some property set aside for somebody to buy it to do
that, but there's no -- there's no real guarantee. And I thought, you
know, we've got a couple of those villages that we've approved. We
probably can't do anything to change that, but I think we need t o take
a look at that language. I know Mr. Bosi just walked in. He
probably heard the discussion starting.
I think we need to change that language going forward to -- I
don't have a problem with the developer setting aside land, but I think
it should be land that is deeded to the county as part of our land trust
so that we can, then, decide what to do with it going forward for
workforce-type housing.
So, Mr. Bosi, are you here to talk about that, because you and I
had not discussed this?
CHAIRMAN McDANIEL: He sure is.
COMMISSIONER SAUNDERS: Because I saw you run in.
MR. BOSI: Thank you. Mike Bosi, Planning and Zoning
director.
I had heard that this was going to be a potential, because the
Conservancy was at the AHAC, and they were criticizing the adopted
policy related to the affordable housing commitment within the
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RLSA. I will say that the RLSA is the only subdistrict within your
Growth Management Plan that contains inclusionary zoning, requires
that affordable housing be provided.
The original plan that the Conservancy was related to refers to a
March 9, 2020, draft staff amendment where it had said that,
essentially, 15 percent of the affordable housing would be provided
for by the developer, and that was the requirement. What was
adopted in July of 2021 was a little bit more elaborate. But it says
that at -- the proposed town or village will set aside 2.5 percent of the
total acreage of that village or town, and set aside and entitle that site
at a minimum of 10 units per acre. And that will be made available
for the county or affordable housing provider at 22.5 thousand dollars
an acre. And I think the exception the Conservancy had was the
county would have to purchase it.
There's a couple, and I did a compare-and-contrast against the
two proposals. And the March 9th draft -- and I actually have it on
the computer, so it might be a little bit easier for me to pull it up here.
COMMISSIONER SOLIS: There's a requirement that the land
be entitled?
MR. BOSI: Correct. Entitled at 10 units per acre at a
minimum.
And so this is the March 9, 2020, draft requirement that the
Conservancy wants -- would like the Board to go back to. And at
the end of the day, what it yields, that 15 percent of the proposed
market rate, it ends up yielding 13.4 percent -- 13.04 percent of the
total number of units that are going to be provided will be -- will be
affordable housing projects, income restricted, going to be provided
by the developer.
It doesn't have a term, but the term we've -- you know, we've
settled upon and within the Land Development Code is 30 years. So
that's 30 years set aside 13.04 percent. It has -- there's no time frame
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stated for when that -- when that's to occur, so that would be part of a
negotiation during an SRA development. And the only cost
associated with the county would be the monitoring that Housing
staff goes about in interacting with the developer.
Comparatively, what was adopted by the Board of County
Commissioners -- and let me -- the next slide will show you -- at 10
units per acre -- and this is taking the proposed town agreement,
which is for Rivergrass, Longwater, Bellmar, and Town of Big
Cypress at 10 units per acre, the overall number of units that are
provided is 9.51 percent. At 15 units per acre, you get
14.27 percent. At 16 units per acre, which the RLSA allows for the
four units entitled by the credits as well as the 12 units that would be
associated with your affordable housing bonus, you're over
15 percent of the total units.
So what was adopted, you actually get a higher yield if you ask
for the maximum entitlement of 16 units per acre for those individual
sites.
And here's the other point that -- I think the key. Aside from
the 22,5- -- and I'll give you a comment upon that -- it's going to be
made first available to the county. You know what that means? It's
not a 30-year commitment. That availability to the county means
that we get to hold those units in perpetuity.
The other aspect that I didn't point out, one of the requirements
for the March 9, 2020, commitment was 50 percent of them was
going to be dedicated to 80 percent of AMI. That was a fixed
number.
What's been adopted gives you much more regulatory flexibility.
What you can do is if you requested 16 units per acre on that
87.8-acre site, if you purchased -- if you purchased that -- no, if you
acquired that, put out an RFP to an affordable housing provider who
had wanted to partner with the county, and you could pass that cost
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on to that individual, that affordable housing provider and maintain it
in perpetuity.
And you know what else you could do? With that provision,
you could take 20 percent of those units, dedicate them to the 30
percent of the AMI. That's your dishwashers, that's your custodial.
You could put 20 percent to 50 percent. That's your -- a little bit
upgraded, a little bit higher in terms of first -- a first-year first
responder. You could take 20 percent, allocate it to 80 percent; take
the next 20 percent, allocate it to 100 percent; and take the final
20 percent, allocate it 120 percent. You've got income stratas out
through there in perpetuity at the control of the county. Now, it does
have a cost, and maybe we could work on that cost perspective, but in
comparing and contrasting, I'm not sure if -- I'm not sure if the
Conservancy understood the full policy of what we were being asked,
because they focused upon the cost.
And their criticism was, that's an additional cost to the county.
Well, that's only additional cost to the county is if we decided we
were going to buy it, we wanted to hold it, and we weren't charging
the provider that we selected a cost associated with that land.
So in regards -- I think there probably is some room for
improvement, but if -- comparing the two -- the proposals, I don't
think that there's a glaring disparity. And I think the proposal that
we do have, the regulation that we do have, requires that it be set
aside, requires that it be entitled at a minimum.
The negotiations that you have with the develope r could set it up
to 16 units per acre, and it could -- like I said, it could be in
perpetuity where you will have income -restricted units for as long as
the county deems appropriate.
And so comparing the two, I think there is a gap. There is a
gap, and the gap -- and their focus was on the price. And I
understand where the March 9th proposal did not have a cost to the
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county, but I think the cost isn't necessarily guaranteed on what we
currently have.
COMMISSIONER SAUNDERS: I don't have any issue with
what you've just said. I think that we can improve the language, and
that's why I brought this up.
They're setting aside two-and-a-half percent of the property. I
think going forward -- you know, I don't know how that property is
defined, where it's located, but I'd like to see the potential for that
property being deeded to the county as part of our land trust as
opposed to just simply being set aside at some future date.
So I wanted to bring this back just to see if we can tweak this
language, but I understand what you said. I'm not disagreeing that
the number of units, potentially, are greater with what we have now,
but I think we can improve what we have. That's all.
MR. BOSI: And I would agree. This is a Growth
Management Plan provision, so it would require a Growth
Management process. We are now in the process, and we're close to
having LDC amendments to implement the GMP policy. I could
work with the County Attorney's Office to see if there's any room
within the rational nexus of the GMP policy to see if there is more
specificity in the LDC to say that the land shall be made available to
a community land trust. We'll have to see if there's enough room to
wiggle.
But if it does require a Growth Management Plan, that's
a -- that's a much tougher environment, because I think we all know
how long it took us to get to the first GMP amendment.
COMMISSIONER SAUNDERS: And we're talking about
developments that are 10, 15, 20, 50 years down the road.
MR. BOSI: Yes.
COMMISSIONER SAUNDERS: It's not like we have two
days to figure this out.
June 14, 2022
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MR. BOSI: Yes, sir.
COMMISSIONER SAUNDERS: I'd like to come back just to
reevaluate how we're handling the workforce/affordable housing in
this RSLA [sic] to make sure that we're getting as much as we can
get.
MR. BOSI: Yes.
COMMISSIONER SAUNDERS: That's all. That was number
one.
CHAIRMAN McDANIEL: Before you go there,
Commissioner Solis has a comment on this.
COMMISSIONER SOLIS: Can I just ask a question related to
this?
CHAIRMAN McDANIEL: Sure.
COMMISSIONER SOLIS: The 22,500 per acre, that's kind of
an option to the county? I mean, we can buy it -- the 87.8 acres at
22,500 per acre for how long? Is that forever?
MR. BOSI: That's forever. And it's in the town -- the town
agreement that this Board of County Commissioners signed -- and
this was arranged before I came on at the end of last year. The town
agreement that you guys had signed with them means that that
87.8 acres will be made available to you for 22,5- with a minimum of
10 percent -- 10 percent or 10 units an acre. You do the math on
that, that valuation, that's just under $2 million for close to --
COMMISSIONER SOLIS: Didn't we pay over 11,000 an acre
for Pepper Ranch?
CHAIRMAN McDANIEL: Yes, yes.
COMMISSIONER SOLIS: Okay. I mean --
CHAIRMAN McDANIEL: This is titled land.
COMMISSIONER SOLIS: My impression is, we should buy
that as soon as it's available.
CHAIRMAN McDANIEL: Well, absolutely. You see the
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positive head nods.
COMMISSIONER TAYLOR: And we have the money.
CHAIRMAN McDANIEL: Well, we have the money.
COMMISSIONER TAYLOR: There's an advantage, also, of
keeping land and not selling the land, because then we are in control.
It's very similar to what we're doing at the Golden Gate Golf Course.
CHAIRMAN McDANIEL: Right. And that's a --
COMMISSIONER SOLIS: Control is --
CHAIRMAN McDANIEL: -- big benefit. The big benefit I
see here is in perpetuity. We're not -- you know, any other -- any
other affordable status is held in a minimum 30-year hold. This
allows us to acquire this land and then, as Mike said, pass that
expense on to a developer if we choose or take it out of funding that
we have appropriated already to be able to -- to be able to utilize it in
other places, so...
COMMISSIONER SOLIS: As soon as it's entitled, I would say
we exercise our option.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: Thank you.
CHAIRMAN McDANIEL: That was one.
COMMISSIONER SAUNDERS: So I'm not sure if the
consensus is to bring that back or not.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: Are they coming back for the town
conversion?
MR. BOSI: Oh, the town conversion will be before you
sometime early -- late fall, early winter. We're finishing up, I
believe, the third review on that, and the fiscal analysis is being
performed. So we are -- we're close to bringing that. Within six to
eight months it will be before the Board of County Commissioners.
COMMISSIONER SAUNDERS: All right. So this language
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will come back?
CHAIRMAN McDANIEL: Will this language come back
within that town conversion?
MR. BOSI: Within the town application, no. The town
application is based upon this language. What you're -- what you're
looking for is in suggested improvements to language.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: We're going to have a whole
lot more villages, a whole lot more towns, and so I'd like to see if we
can improve this language going forward. I don't think we can
change it for the existing ones, but we have a lot of them coming
forward.
CHAIRMAN McDANIEL: Oh, sure, there's several.
MR. BOSI: And just so I could have an understanding, is it
simply the fact that the county has to purchase the entitled land?
That's the rub?
COMMISSIONER SAUNDERS: That's part of it. But, you
know, maybe -- I just think we need to revisit how this is structured.
Now, that's part of it.
MR. BOSI: Understood.
CHAIRMAN McDANIEL: So you --
COMMISSIONER SAUNDERS: It would be nice if it was
deeded to the county at the outset and included in our land trust, and
going forward I want to explore whether developers would be willing
to do that.
CHAIRMAN McDANIEL: I think something we can certainly
talk about on the new -- there's two rural villages coming in the
RLSA, and then at least two others coming in the Rural Fringe
Mixed-Use District, which is a separate land-use plan, but there are
four, maybe five coming at us here in the next 12 months, so...
COMMISSIONER SAUNDERS: All right. The second one,
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and I see --
CHAIRMAN McDANIEL: Wait one second. Commissioner
Taylor's looking --
COMMISSIONER TAYLOR: No, that's quite all right. I did
have a quick conversation with our County Attorney and, basically,
the laws changed. So whatever has to do with affordable housing
with any developer, we have to compensate. They can't give us
anything. We can't demand that they give us anything or deed it.
We have to compensate them for what they do, so just --
COMMISSIONER SAUNDERS: Understood.
COMMISSIONER TAYLOR: But this could be part of the
discussion so we can just kind of clean this up and bring this all
forward. I think it's very healthy. Thank you for that.
CHAIRMAN McDANIEL: That was a good presentation, by
the way.
MR. BOSI: Thank you.
COMMISSIONER SAUNDERS: All right. Second
item -- and I see Ms. Lewis in the audience here. We had a
conversation -- Jamie French was involved in that -- concerning the
demolition in the Naples Park area that we've all talked about. The
particular lot that she had brought to our attention, from what I
understand, all the demolition material has been removed because
that demolition part of that project has been completed. Now it's
staging of material for construction. Everybody understands that
staging for construction, bringing material in, you have to have that.
But my takeaway from the conversations with Mr. French is that
we do have some problems with these lots that we're staging for
demolition material and construction. They can get permits for up to
two years, and it can be rather disruptive.
So Mr. French and I had some conversations about how to
streamline this, how to restrict it, how to encourage contractors to
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remove the material more quickly.
So I'd like your -- Mr. French, if you wouldn't mind, kind of
your analysis of what we can do to fix this process.
MR. FRENCH: Sure, thank you, Commissioner. Again, for
the record, I'm Jamie French, your department head for Growth
Management and Community Development.
Commissioner Saunders, you and I and Ms. Lewis did have a
conversation about that yesterday, and I've also had a few
conversations with Commissioner McDaniel about that. I think we
had one yesterday, in fact, sir.
CHAIRMAN McDANIEL: We did.
MR. FRENCH: The intent -- and so staff has looked into this,
and the LDC does support this type of activity for these vacant
commercial -- I'm sorry -- vacant residential lots. And by the
minimum standard of the Land Development Code, that
temporary-use permit -- and there are a number of things covered
within the temporary-use category. This just happens to be one of
them.
So the staging of construction material is allowed, especially
with these types of projects. And I've spoken to the Board about this
before in previous meetings. But one of the ideas that had come to
mind that we were talking about was -- and thanks to Commissioner
McDaniel for bringing this up in conversation -- was the
processing -- and I don't -- I want to be very careful with the word
"processing," but the utilization of that proper ty to store construction
debris -- so C&D, construction and demolition material -- that would
need to be separated, sorted, and then hauled off to different places.
And, typically, what we saw in the video that was provided to
the Board and to staff was they were making concrete maybe a little
smaller to get more of it into the truck or maybe making
some -- crushing some pipes or knocking concrete off some culvert
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pipes.
The idea might be, based off of our conversations, was perhaps
we don't allow -- we make those amendments to the Land
Development Code to not allow for the storage of construction debris
on those lots but have those actually processed right there. So when
they're removed, they're loaded in a truck, they're taken off to an
off-site. And so the lots may still be used, and staff would continue
to encourage that, even though I know I'm sticking my neck out here,
because it will expedite your construction process that much more
efficiently.
But the actual removal of the -- the moving of the debris, putting
it on that lot, and then taking it and then, you know, trying to separate
it so that they can get a more efficient load, it may -- it may increase
your cost of your projects, it may put more trucks on your roads, but
that is something that the Board should consider.
Now, we will take that -- the intention was was that we
would -- based off of this board's direction, we'll take it through the
Land Development Code process as far as an update. It would be a
Board-directed process, and we would take it to your development
services subcommittee, then to the full DSAC committee, to the
Planning Commission, and then back to the Board for consideration,
if that's the will of the Board.
COMMISSIONER SAUNDERS: I'd like to see us do that.
CHAIRMAN McDANIEL: Me, too. That's my number-one
thing, and -- are you good with that? Because my suggestion is is
that we, forthwith, disallow the temporary use of C&D processing on
these temporary permit -- temporary-use permits. Storage of
materials for construction, pipe, so on and so forth for new going in,
that's one thing. But the actual practice of the C&D, which is the
processing of the construction debris, needs to not be done, not be
allowed any more, just discontinue that practice until we can get the
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necessary LDC amendments in place.
There, again, I have a lot of experience in loading dump trucks .
And I watched what Nancy showed in that video, and I saw what was
going on. So I think if we just, for now, actually, discontinue the
utilization of C&D on those temporary-use permits, that will solve a
lot of issues that we have going forward, and then we can certainly
talk about unintended consequences that might come at a later date.
COMMISSIONER SAUNDERS: I don't know if you can do
that with the individuals that have existing permits.
CHAIRMAN McDANIEL: Oh, no. No, the ones that have
permits, we're already -- we're sitting there looking at them.
COMMISSIONER SAUNDERS: I'm talking about going
forward --
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: -- evaluating how better to
solve this.
CHAIRMAN McDANIEL: Sir, go ahead. You hitting your
button?
COMMISSIONER SOLIS: Is it lit?
CHAIRMAN McDANIEL: It's lit.
COMMISSIONER SOLIS: Since this is in my district, I'd like
to be able to comment.
CHAIRMAN McDANIEL: It's in all of our districts.
COMMISSIONER SOLIS: You know -- well, I think there are
issues with the way this is done, but I think there's -- because I've
looked at this a lot. We can also create a lot of unintended
consequences that we're going to be scratching our heads over
afterwards, because -- and correct me if I'm wrong. Maybe Trinity
can help -- the way this process is being handled specifically in
Naples Park is there are people that are living on these roads that are
being -- that this demolition and this material's coming out of. So if
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we're going to process it there, that means we're going to be
processing it in the street where they're pulling it up, right?
CHAIRMAN McDANIEL: Can I stop --
COMMISSIONER SOLIS: No. I'd like -- can I -- can I make
my point or --
CHAIRMAN McDANIEL: Yes, sir. Go ahead.
COMMISSIONER SOLIS: Okay. And -- I mean, I just want
to make sure that if -- before we just wholesale let's just make a
change, I would really like to understand what it's going to mean in
terms of the process, because right now that material is being pulled
out, and it's being put on this vacant lot, right? Which I feel very
badly for for the people that live adjacent to these lots.
But I wanted to fully understand what the alternative is of not
putting it on that lot but processing it where it's pulled up. On the
process -- and I understand you've got to put it in the truck. But that
process is a very, very well-timed thing in terms of how it's pulled up,
the street's opened up, the people can get back in their houses at the
end of the day. And I want to make sure that the presentation
includes what's actually going to happen logistically in Naples Park,
not in general, but in Naples Park.
CHAIRMAN McDANIEL: Well -- and if I may -- and, again,
maybe I added words in when I was talking about it with regard to
the process.
The current process is for the contractor to dig the old material
out of the right-of-way, put it in a dump truck. They're bringing it to
these temporary-use permitted lots and processing it on that lot and
then loading it back into dump trucks and then hauling it away. And
that's the -- that's the process that I want to stop on those residential
lots.
COMMISSIONER SOLIS: Okay. So what's the alternative?
CHAIRMAN McDANIEL: Load it in the truck and haul it
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away day one.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Now, we had issues when we were
doing our Irma debris cleanup and all where the truck drivers were
actually fictitiously loading their truck full when they weren't. They
were stacking logs in there and only carrying half a load at a time and
being paid for full loads. We actually caught people doing that.
COMMISSIONER SOLIS: Sure.
CHAIRMAN McDANIEL: And that is the -- there's no
processing. If you dig it out of the ground, if you dig the material
out of the ground, put it in the dump truck and haul it away, there's no
processing that occurs on the street itself.
What they're doing is -- and I don't mean it with malice -- is
they're multiple handling the material and getting more efficiency out
of the hauling away of the material that they're, in fact, collecting as
debris from the construction job.
COMMISSIONER SOLIS: I understand that, but it's
also -- again, I'm not against improving this, but I think we need to be
very careful before we make a knee jerk reaction to change a process
that's been working and that could draw out the construction projects.
That's my concern is that we -- this sounds great. We need to do
this. We make a decision.
And then it -- it goes back to the repair of the bridges on
Vanderbilt Drive. Well, why are you starting that during the season?
Well, because it's dry, and it would shorten the time that we're going
to have to be inconvenienced.
I just want to see a very detailed analysis on what that's going to
mean in terms of the overall cost and the length of time in which it's
going to take to finish one of these streets.
CHAIRMAN McDANIEL: Do you want to do a presentation
at our next meeting with regard to it, just to have a discussion about
June 14, 2022
Page 191
it?
COMMISSIONER SOLIS: I would like to be involved in this
process, yes.
COMMISSIONER SAUNDERS: I brought this up for
discussion, not to make a decision, not to direct staff to do X, Y, an d
Z at this meeting, because that would be a knee -jerk reaction, as
Mr. Solis has indicated.
I brought this up so that -- there is a problem. We have some
issues with the way these temporary-use permits are being handled,
and I want to bring back -- I want staff to come back and tell us how
we can fix this problem. I'm not trying to fix it today --
COMMISSIONER SOLIS: Okay.
COMMISSIONER SAUNDERS: -- because I agree with you,
if we say, okay, no more temporary-use permits, that's a problem.
But I do think we need to fix this going forward, and I want staff to
come back and tell us how we might make the process better. It may
very well involve with what the Chairman has indicated, or it may be
something else, but I think we need to take a look at it.
CHAIRMAN McDANIEL: And I'm good with that.
COMMISSIONER SOLIS: Sure. And it sounded to me like
we were going to try to make a decision today to stop something, and
I just don't think that's the right thing.
CHAIRMAN McDANIEL: No, no. You're going to --
(Simultaneous crosstalk.)
MR. FRENCH: Commissioner, if I might. So what we're
talking about, just for clarity, is within your LDC, t he policy is
5.04.03. The section is "i" where it talks about exemptions of
temporary use for structures, equipment for building roads, public
utilities, and government projects. That's exactly the area that we're
focused on here, and we're processing predominantly on the
construction and debris element of that project.
June 14, 2022
Page 192
What we'll do -- and, again, staff's suggestion would be is that
we would take it back through your development services
subcommittee. So, as you can imagine, from the Development
Services side they're going to weigh in very heavily, but we will
make sure that we're inclusive of all additional impacts that this
might have both on time, on the number of trucks, on the elongation,
or the -- let's just say the extension of projects and what that might
look like to project schedules.
Happily -- and, again, your regulatory body is simply going to
bring back to you a staff recommendation based off the feedback that
we've received for both county staff, contractors, and the community
based off of what works, what we think the best practice is, if that
will work for the Board.
CHAIRMAN McDANIEL: And to be clear, I didn't by any
stretch say discontinue the temporary-use permits. The conversation
Jamie and I had yesterday was the discontinuance of the C&D
processing on those temporary-use permits, just to clarify the point.
That was specific conversation you and I had yesterday that I said I
would bring up today.
MR. FRENCH: And if I might, sir, with the caveat that those
that have been issued -- and I don't believe we've got more than one
or two that could be currently either in under consideration where an
application's been received. Anything going forward, I think what
you had asked is that that be suspended until this item's able to get
back for consideration to the Board.
CHAIRMAN McDANIEL: I think that's a good way -- on the
ones that are coming in in the future, not the ones that we already
have.
MR. FRENCH: Or if it pleases the Board -- I hate to do
this -- we could bring it back for Board consideration, or we
could -- it could be part of your contract consideration when they're
June 14, 2022
Page 193
looking at these type of projects whether or not you would allow that
type of temporary use. Only if you -- only if you tell us to stop
today.
COMMISSIONER SAUNDERS: I don't think we should tell
you to stop today.
MR. FRENCH: Perfect.
COMMISSIONER SAUNDERS: I think we should tell you to
come back --
CHAIRMAN McDANIEL: There's potential unintended
consequences.
COMMISSIONER SAUNDERS: -- going forward how we can
make the process better. But if you've got applications in process,
I'm not suggesting that you stop the process because, you know, that
changes people's expectations, and I don't think we should do that
with ongoing applications and ongoing projects. But I do think that
going forward we need to make some improvements, so that's what
I'm asking for.
COMMISSIONER SOLIS: I'm in agreement with that.
CHAIRMAN McDANIEL: So am I.
MR. FRENCH: Yes, sir. Thank you.
CHAIRMAN McDANIEL: And I've got one more thing, and it
has to do with a subject that I brought up for four or five years, and
that's our Board schedule. And I wanted to have a brief discussion
just to see if you want me to bring back an agenda item.
You've talked about the AUIR and the necessity of vetting that
AUIR. We're about to hire a new county manager on Thursday, and
additional time spent with the new management team wouldn't
necessarily be a bad thing. And I don't want to go through a lot of
gyrations, but I just want to see what the flavor is of the Board to
continue our -- continue our meetings throughout the balance of the
year.
June 14, 2022
Page 194
COMMISSIONER TAYLOR: I'm happy with the schedule the
way it is.
COMMISSIONER SOLIS: Me as well.
COMMISSIONER LoCASTRO: I stick to my previous vote,
which is we should operate like most other places, which is, you
know, we're not in kindergarten. We don't get summer vacation.
There's a lot to be done. I'm not saying that, you know, we push
forward $100 billion projects in the summer. But a lot of what we
approve in here every day is the daily business of the county, roads,
grounds, improvements, approving contracts, and things like that.
I just don't know why we artificially stop in the summer. And it
was, you know, said at a meeting last year, well, you know, when
we're not around, it gives the county staff a breather. The county
staff's pretty well compensated. I don't know that Arthrex gives
anybody a summer breather or NCH or any other places.
And I'm not saying it's an apples-to-apples comparison, but I
stick by my vote that, you know, there's an awful lot we can get done
over the summer, but I don't think any of us needs to pass anything to
decide if, you know, we want to continue to work over the summer,
but not being able to do it together with the staff, I think, it artificially
slows us down. And then I think when we come back, there's a bit
more of a backlog of things that we've waited on, but that's my -- my
position's the same.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll tell you
what my thoughts are on June 28th.
CHAIRMAN McDANIEL: When I bring forward the agenda
item?
COMMISSIONER SAUNDERS: When you bring forward the
agenda item.
COMMISSIONER LoCASTRO: That's fair.
CHAIRMAN McDANIEL: Okay. So, therefore, then,
June 14, 2022
Page 195
we'll -- I'll do that.
COMMISSIONER LoCASTRO: You said that was the last
thing.
CHAIRMAN McDANIEL: Last, but not least -- well, I had
two things, but then I've got one more. And that is, you know, you
were talking about accountability, and I really concur with that
thought process. If we're going to hire a construction manager at
risk, there has to be risk. We can't just say you're a CMAR and then
let you come in with change orders and all kinds of things and have
no accountability back with regard to that. So I think that's one of
the things going forward that we certainly should put an emphasis on.
And with transparency, you get accountability.
So having said all that, I'll see you all on Thursday at 9:00 a.m.
CHAIRMAN McDANIEL: Thank you.
****
****Commissioner Solis moved, seconded by Commissioner
LoCastro and carried that the following items under the consent and
summary agendas be approved and/or adopted****
Item #16A1
RECORDING THE FINAL PLAT OF RANDALL AT
ORANGETREE (APPLICATION NUMBER PL20210002196),
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT, AND APPROVAL OF
THE PERFORMANCE SECURITY IN THE AMOUNT OF
$5,402,069.86 – LOCATED IN SECTION 22, TOWNSHIP 48
SOUTH, RANGE 27 EAST
June 14, 2022
Page 196
Item #16A2
FINAL ACCEPTANCE OF THE SEWER FACILITIES AND
ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES
FOR CAY LAGOON - OFFSITE SEWER FACILITIES
PL20220000084
Item #16A3
ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER AND SEWER UTILITY
FACILITIES FOR CITY GATE COMMERCE PARK PHASE
THREE, PL20210002242 – A FINAL INSPECTION BY STAFF
WAS CONDUCTED ON SEPTEMBER 28, 2021, AND FOUND
THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A4
FINAL ACCEPTANCE OF THE POTABLE WATER FACILITIES
AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER
FACILITIES FOR COLLIER COUNTY SPORTS COMPLEX AND
EVENTS CENTER, PL20210003080 – A FINAL INSPECTION BY
STAFF WAS CONDUCTED ON MARCH 10, 2022, AND FOUND
THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item # 16A5
FINAL ACCEPTANCE OF THE SEWER FACILITIES AND
ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES
June 14, 2022
Page 197
FOR COURTHOUSE SHADOWS UTILITY RELOCATION,
PL20210003230. (DISTRICT 4) A FINAL INSPECTION BY
STAFF WAS CONDUCTED ON MARCH 8, 2022, AND FOUND
THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A6
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ESPLANADE BY THE ISLANDS - PHASE 1A (F/K/A
BELLA TESORO PHASE 1A), PL20200000092, AND
AUTHORIZE THE COUNTY MANAGER, OR THEIR
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A
FINAL INSPECTION BY STAFF WAS CONDUCTED ON MAY
6, 2022, AND FOUND THE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER FACILITIES FOR ISLES
OF COLLIER PRESERVE PHASE 15B, PL20220001206 – A
FINAL INSPECTION BY STAFF WAS CONDUCTED ON
MARCH 7, 2022, AND FOUND THE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A8
June 14, 2022
Page 198
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER FACILITIES FOR
MANATEE COVE PHASE 3, PL20210001644 – A FINAL
INSPECTION BY STAFF WAS CONDUCTED ON JANUARY 28,
2022, AND FOUND THE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE
Item #16A9
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
FACILITIES FOR THE VALENCIA TRAILS RECREATION
SITE, PL20210002654 – A FINAL INSPECTION BY STAFF WAS
CONDUCTED ON JANUARY 7, 2022, AND FOUND THE
FACILITIES TO BE SATISFACTORY AND A CCEPTABLE
Item #16A10
AGREEMENT FOR THE PURCHASE OF A PERPETUAL NON-
EXCLUSIVE DRAINAGE EASEMENT (PARCEL 163DE)
REQUIRED FOR THE REPLACEMENT OF AN EXISTING
TIDAL INTERCONNECT CULVERT AS PART OF THE
GOODLAND DRIVE CULVERT REPLACEMENT (PROJECT
NO. 50238) (ESTIMATED FISCAL IMPACT: $10,350)
Item #16A11
RESOLUTION 2022-95: A RESOLUTION TO HOLD A PUBLIC
HEARING TO CONSIDER VACATING IN ALL, OR A PORTION
June 14, 2022
Page 199
OF, THE 30-FOOT AND 60-FOOT ROADWAY, RIGHT-OF-WAY
AND/OR INGRESS AND EGRESS EASEMENTS AS RECORDED
IN OFFICIAL RECORDS BOOK 968, PAGE 975; OFFICIAL
RECORDS BOOK 1795, PAGE 1917; OFFICIAL RECORDS
BOOK 284, PAGE 633; OFFICIAL RECORDS BOOK 279, PAGE
284; OFFICIAL RECORDS BOOK 238, PAGE 398; OFFICIAL
RECORDS BOOK 404, PAGE 997; AND OFFICIAL RECORDS
BOOK 416, PAGE 609 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTIONS 11 AND 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT
“A,” AND TO ACCEPT PETITIONER’S GRANT OF AN ACCESS
EASEMENT TO REPLACE THE VACATED ROADWAY
EASEMENTS [VAC-PL20210002687]
Item #16A12
RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE
OF $47,068.63 FOR PAYMENT OF $618.63 IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. CRISPIN TRUJILLO IN CASE NO.
CEOCC20190008179 RELATING TO PROPERTY LOCATED AT
4825 GREEN BLVD, COLLIER COUNTY, FLORIDA – FOR
VIOLATIONS FOR PROHIBITED BUSINESS ON THE
PROPERTY WITHOUT A BUSINESS TAX RECEIPT, BROUGHT
INTO COMPLIANCE ON JULY 1, 2021
Item #16A13
RELEASE OF TWO CODE ENFORCEMENT LIENS WITH A
VALUE OF $88,518.56 FOR PAYMENT OF $15,000 IN THE
June 14, 2022
Page 200
CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF
COUNTY COMMISSIONERS V. ROSE MARIE NUMA IN CASE
NOS. CENA20190009868 AND CEV20190010125 RELATING TO
PROPERTY LOCATED AT 2792 24TH AVE. SE, COLLIER
COUNTY, FLORIDA – FOR TWO VIOLATIONS BROUGHT
INTO COMPLIANCE ON MARCH 14, 2022
Item #16A14
TRANSPORTATION COMMITMENT EXTENSION REQUEST
FOR THE ROCKEDGE RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) TO PROVIDE MORE TIME TO
FULFILL THE TRANSIT BUS STOP IMPROVEMENT
COMMITMENT
Item #16A15
EXTENSION FOR COMPLETION OF REQUIRED SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH ROYAL PALM GOLF
ESTATES REPLAT #3 (AR-6774) SUBDIVISION PURSUANT TO
SECTION 10.02.05 C.2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) – EXTENDING THE DEADLINE
TO SEPTEMBER 23, 2023
Item #16A16 - Continued to the June 28, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AWARD INVITATION TO BID
("ITB") NO. 22-7958, "AQUATIC VEGETATION
MAINTENANCE," TO AIRBOAT ADDICTS, INC., AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
June 14, 2022
Page 201
AGREEMENT. (ESTIMATED ANNUAL SPEND OF $350,000,
STORMWATER OPERATING FUND 103)
Item #16A17
AWARD INVITATION TO BID ("ITB") NO. 22-7962,
"CORPORATE FLIGHT DRIVE VEGETATION
MAINTENANCE," TO DEANGELO CONTRACTING SERVICES
LLC, AS THE PRIMARY VENDOR, AND EARTHBALANCE
CORPORATION, AS THE SECONDARY VENDOR, AND
AUTHORIZE THE CHAIR TO SIGN THE ATTACHED
AGREEMENTS. (THE ANTICIPATED ANNUAL SPEND IS
ESTIMATED AT $34,580)
Item #16A18
WORK ORDER WITH HUMISTON & MOORE ENGINEERS TO
PROVIDE PROFESSIONAL SUPPORT SERVICES FOR THE
APPLICATION PREPARATION OF A UNITED STATES ARMY
CORPS OF ENGINEERS (USACE) PERMIT FOR THE SOUTH
MARCO ISLAND BEACH RESTORATION, UNDER
CONTRACT NO. 18-7432-CZ, FOR TIME AND MATERIAL NOT
TO EXCEED $34,132, AUTHORIZE THE CHAIRMAN TO
EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM. (FUND 195, PROJECT
NO.90071)
Item #16A19
RESOLUTION 2022-96: MEMORIALIZING AMENDMENT NO.
7 TO CONTRACT NO. ARX56, FINANCIAL PROJECT #412666-
June 14, 2022
Page 202
1-88-01, STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (“FDOT”), STATE HIGHWAY TRAFFIC
SIGNAL, MAINTENANCE AND COMPENSATION
AGREEMENT, FOR MAINTENANCE OF FDOT OWNED
TRAFFIC SIGNAL SYSTEMS TO BE MAINTAINED BY
COLLIER COUNTY TRAFFIC OPERATIONS, WHICH ALSO
GRANTS AUTHORITY TO THE CHIEF ENGINEER OF
TRAFFIC OPERATIONS TO SIGN OFF ON MINISTERIAL
ANNUAL UPDATES CONCERNING THE EXHIBIT LIST TO
THE AGREEMENT
Item #16A20
TRANSPORTATION DISADVANTAGED PLANNING GRANT
FUNDING IN THE AMOUNT OF $27,954 TO THE COLLIER
METROPOLITAN PLANNING ORGANIZATION FROM THE
COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED AND TO AUTHORIZE THE NECESSARY
BUDGET AMENDMENT
Item #16A21
RESOLUTION 2022-97: SUPPLEMENTAL AGREEMENT TO
THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
AMENDING EXHIBIT A “PROJECT DESCRIPTION AND
RESPONSIBILITIES” REMOVING IN ITS ENTIRETY THE
CONSTRUCTION ENGINEERING AND INSPECTION (CEI)
SERVICES FOR THE REPLACEMENT OF EXISTING BRIDGE
#030138 ON IMMOKALEE ROAD (CR 846) RELATED TO
PROJECT #66066
June 14, 2022
Page 203
Item #16A22 - Continued from the May 24, 2022, BCC Meeting
RESOLUTION 2022-98: PUBLIC TRANSIT GRANT
AGREEMENT (PTGA) BETWEEN COLLIER COUNTY AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
TO ACCEPT FEDERAL TRANSIT ADMINISTRATION (FTA)
SECTION 5339 BUS AND BUS FACILITIES FUNDS IN THE
AMOUNT OF $222,355, FOR THE NECESSARY
IMPROVEMENTS TO BUS STOPS IN ACCORDANCE WITH
THE AMERICANS WITH DISABILITIES ACT (ADA) IN THE
RURAL SERVICE AREA AND AUTHORIZING THE
NECESSARY BUDGET AMENDMENTS
Item #16A23
RESOLUTION 2022-99: SUPPLEMENTAL AGREEMENT NO.
01 FOR THE STATE-FUNDED GRANT AGREEMENT (SFGA)
WITH FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) TO RECEIVE REIMBURSEMENT FOR DESIGN AND
CONSTRUCTION FOR THE WIDENING OF AIRPORT ROAD
FROM VANDERBILT BEACH ROAD TO IMMOKALEE ROAD;
TO EXECUTE A RESOLUTION MEMORIALIZING THE
BOARD’S ACTION; AND TO AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS (PROJECT #60190)
Item #16A24
RESOLUTION 2022-100: THE STATE FY2022/23
TRANSPORTATION DISADVANTAGED TRUST FUND
TRIP/EQUIPMENT GRANT AGREEMENT WITH THE
June 14, 2022
Page 204
FLORIDA COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED IN THE AMOUNT OF $768,742, WITH A
LOCAL MATCH OF $85,415, TO ASSIST WITH SYSTEM
OPERATING EXPENSES; AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS. (TRANSIT GRANT AND MATCH
FUNDS 428/429)
Item #16C1
TERMINATION OF A REVOCABLE TEMPORARY LICENSE
ACQUIRED FOR A PROPOSED CHLORAMINE BOOSTER
STATION AT A COST NOT TO EXCEED $27.70. TO
ELIMINATE THE ENCUMBRANCE WHICH CONSTITUTES AN
UNNECESSARY CLOUD ON THE TITLE
Item #16C2
PROPOSAL NO. 9855 UNDER AGREEMENT NO. 19-7592,
BUILDING AUTOMATION ENERGY MANAGEMENT
SERVICES, FROM JUICE TECHNOLOGIES, INC., D/B/A PLUG
SMART, AND AUTHORIZE THE ISSUANCE OF A PURCHASE
ORDER IN THE AMOUNT OF $396,075.27, TO REPLACE THE
PROPRIETARY N2 JOHNSON CONTROLS METASYS
BUILDING AUTOMATION SYSTEM WITH NEW BACNET
RELIABLE CONTROLS AT THE COLLIER COUNTY
SHERIFF’S OFFICE (“CCSO”) JAIL (J3) BUILDING AT THE
COLLIER COUNTY GOVERNMENT CENTER. (SALES
TAXFUND (318), PROJECT NO. 50221)
Item #16C3
June 14, 2022
Page 205
AMENDMENT TO A CONTRIBUTION AGREEMENT WITH
CITY GATE NAPLES, LLC (“CGNU”), PERTAINING TO THE
ULINE CORPORATION REGIONAL DISTRIBUTION
FACILITY, BY AMENDING NUMBERED PARAGRAPH FOUR
OF THE AGREEMENT TO REDUCE THE COUNTY’S DUTY TO
REIMBURSE CGNU FOR THE CONSTRUCTION OF
IMPROVEMENTS ON REAL PROPERTY TO BE DEDICATED
TO THE COUNTY, BY PROVIDING A ONE-TIME
REIMBURSEMENT PAYMENT NOT TO EXCEED $575,000, IN
LIEU OF A PREVIOUSLY AGREED UPON TAX INCREMENT
FINANCING (“TIF”) CREDIT, WHICH IS ESTIMATED TO
PRODUCE A NET SAVINGS TO THE COUNTY OF
APPROXIMATELY $900,000, AND APPROVE NECESSARY
BUDGET AMENDMENTS
Item #16C4 - Continued from the May 10, 2022, BCC Meeting
COUNTY MANAGER, OR THEIR DESIGNEE TO TAKE
WHATEVER ACTION IS NECESSARY SO THAT THE 6.38
ACRE “LAKE EXPANSION PARCEL” (TRACT RL-2) LOCATED
ABUTTING THE COUNTY’S SPORTS COMPLEX AND
SPECIAL EVENTS CENTER (N/K/A THE “PARADISE COAST
SPORTS COMPLEX”) IS CONVEYED TO THE CITY GATE
COMMUNITY DEVELOPMENT DISTRICT, AS ALLOWED BY
THE BOARD APPROVED CONTRIBUTION AGREEMENT
Item #16C5
BUDGET AMENDMENT IN THE COUNTY WIDE CAPITAL
PROJECT FUND (301) IN THE AMOUNT OF $50,815.50 TO
FUND GRANT COMPLIANCE SERVICES FOR THE GRANT
June 14, 2022
Page 206
AGREEMENT H0600 WITH THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT (FDEM) (PROJECT NO. 33744)
Item #16C6
CHANGE ORDER TO AGREEMENT NO. 20-7810, NORTH
COUNTY WATER RECLAMATION FACILITY RETURN
MIXED LIQUOR PUMP SYSTEM IMPROVEMENTS. (FUND
414, PROJECT NUMBER
Item #16C7
AWARD INVITATION TO BID (“ITB”) NO. 22-7975, "TOWER
PACKING MEDIA REPLACEMENT FOR WATER TREATMENT
PLANTS", TO INDUSCO ENVIRONMENTAL SERVICES, INC.,
AND DELOACH INDUSTRIES, INC., FOR THE PURCHASE OF
REPLACEMENT DEGASIFICATION AND ODOR CONTROL
TOWER PACKING MEDIA AT THE NORTH AND SOUTH
COUNTY REGIONAL WATER TREATMENT PLANTS ON
PRIMARY PRIMARY/SECONDARY PER LINE-ITEM BASIS
Item #16C8
APPROPRIATE REVENUE TO VARIOUS FACILITIES
MANAGEMENT DIVISION COST CENTERS IN THE AMOUNT
OF $81,885.41 FOR FISCAL YEAR 2022 AND AUTHORIZE ALL
NECESSARY BUDGET AMENDMENTS
Item #16D1
PARKS AND RECREATION STAFF TO APPLY FOR
June 14, 2022
Page 207
DESIGNATION OF THE PARADISE COAST BLUEWAY
PADDLING TRAIL THROUGH THE FLORIDA OFFICE OF
GREENWAYS AND TRAILS
Item #16D2
AMENDMENT IN THE AMOUNT OF $6,158.42 FOR PROGRAM
INCOME UNDER THE U.S. HOUSING AND URBAN
DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM FROM THE IMMOKALEE AIRPORT.
(HOUSING GRANT FUND 705)
Item #16D3
CHAIRMAN TO SIGN THREE (3) MORTGAGE
SATISFACTIONS FOR THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOAN PROGRAM IN THE AMOUNT OF
$150,000; THIS TRANSACTION IS A TRANSFER OF
MORTGAGE LIABILITY FROM HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., TO THE HOMEOWNERS PROVIDED
WITH HOME PURCHASE ASSISTANCE THROUGH THE
CONSTRUCTION ASSISTANCE STRATEGY. (SHIP GRANT
FUND 791) FOLIO #81750000447, 81750000405, AND
#81750000382
Item #16D4
BUDGET AMENDMENT TO ALLOW CONTINUOUS
OPERATION OF THE STATE HOUSING INITIATIVES
PARTNERSHIPPROGRAM (SHIP) WITH AN ANTICIPATED
AWARD IN THE AMOUNT OF $3,678,139 FOR SFY 2022/2023
June 14, 2022
Page 208
AND TO AUTHORIZE AN EXTENSION OF SFY 2019/2020
FUNDING FROM JUNE 30, 2022, TO DECEMBER 31, 2022.
(SHIP GRANT FUND 791)
Item #16D5
CHAIRMAN TO SIGN TWO (2) MORTGAGE SATISFACTIONS
FOR THE STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) LOAN PROGRAM IN THE AMOUNT OF $25,085 AND
APPROVE THE ASSOCIATED BUDGET AMENDMENT TO
APPROPRIATE REPAYMENT AMOUNT TOTALING $17,585.
(SHIP GRANT FUND 791) (ALL DISTRICTS) LOCATED AT
3565 COUNTY BARD RD. #103, AND 2733 55TH STREET SW
Item #16D6
BUDGET AMENDMENTS TO REFLECT THE ESTIMATED
FUNDING FOR THE COMMUNITY CARE FOR THE ELDERLY,
ALZHEIMER’S DISEASE INITIATIVE, AND HOME CARE FOR
THE ELDERLY PROGRAMS IN THE AMOUNT OF $1,526,340;
$28,802 IN CO-PAYMENT CONTRIBUTIONS AND THE
ESTIMATED CASH MATCH OF $30,000. (FISCAL IMPACT
$1,585,142, HUMAN SERVICES GRANT FUND 707)
Item #16D7
CHAIRMAN TO SIGN ONE RELEASE OF LIEN FOR FULL
PAYMENT IN THE AMOUNT OF $9,078.91 PURSUANT
TO THE AGREEMENT FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR THE OWNER-OCCUPIED
AFFORDABLE HOUSING DWELLINGS –
June 14, 2022
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FOLIO #29900000589
Item #16D8
EXPENDITURES EXCEEDING THE $50,000 COMPETITIVE
THRESHOLD, UNDER AN EXEMPTION FROM THE
COMPETITIVE PROCESS, THROUGH FISCAL YEAR 2023 FOR
ROBERT HALF INTERNATIONAL, INC., TO PROVIDE
TEMPORARY PERSONNEL SERVICES FOR COLLIER
COUNTY ASSISTANCE PROGRAMS (CCAP) PROGRAMS,
AMERICAN RESCUE PLAN, LOCAL FISCAL
RECOVERY PLAN, AND DEPARTMENT OF TREASURY,
EMERGENCY RENTAL ASSISTANCE PROGRAMS. (HOUSING
GRANT FUND 705, COMMUNITY & HUMAN GRANT
SUPPORT FUND 123)
Item #16D9
PROVIDE “AFTER-THE-FACT” APPROVAL OF THE FOURTH
AMENDMENT BETWEEN COLLIER COUNTY AND THE
FLORIDA DEPARTMENT OF STATE DIVISION OF
HISTORICAL RESOURCES FOR STRUCTURAL
STABILIZATION AND REHABILITATION OF THE HISTORIC
ROBERTS RANCH HOME AT THE IMMOKALEE PIONEER
MUSEUM AT ROBERTS RANCH. THIS AMENDMENT
UPDATES THE SCOPE OF WORK AND ALIGNS THE BUDGET
LINE ITEMS TO ACCURATELY REFLECT WORK THAT WAS
COMPLETED. (PUBLIC SERVICE GRANT FUND 709 AND
MATCH FUND 710)
Item #16E1
June 14, 2022
Page 210
INVITATION TO BID (“ITB”) NO. 21-7917, “EMS
EXPENDABLE MEDICAL SUPPLIES,” FOR THE PURCHASE
OF EMS EXPENDABLE SUPPLIES AND EQUIPMENT TO
MULTIPLE VENDORS FOR THE EMERGENCY MEDICAL
SERVICES
Item #16E2
RECOMMENDATION TO APPROVE A BUDGET
AMENDMENT TO FUND 517, GROUP HEALTH AND LIFE
INSURANCE, TO FUND HEALTH CLAIMS EXPENDITURES
FOR THE REMAINDER OF FY 22
Item #16E3
APPROVE THE ADMINISTRATIVE REPORT PREPARED BY
THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL
OF PROPERTY AND OF NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E4
RECOMMENDATION TO APPROVE THE ADMINISTRATIVE
REPORTS PREPARED BY THE PROCUREMENT SERVICES
DIVISION FOR CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING BOARD
APPROVAL
Item #16F1
June 14, 2022
Page 211
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 22-7956,
“PROFESSIONAL STATE LOBBYIST SERVICES,” TO SMITH,
BRYAN & MYERS, INC., TO REPRESENT COLLIER COUNTY
AT THE STATE CAPITOL IN TALLAHASSEE AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT
Item #16F2
AUTHORIZE SIX (6) ADDITIONAL FULL-TIME EQUIVALENT
(FTE) POSITIONS AS FOLLOWS: THREE (3) JOURNEYMAN
TRADESWORKERS IN THE FACILITIES MANAGEMENT
DIVISION, AND THREE (3) LIFEGUARDS IN THE PARKS AND
RECREATION DIVISION DUE TO AN EXPANDED CUSTOMER
AND/OR PROGRAM DEMAND AND AUTHORIZE ANY
NECESSARY BUDGET AMENDMENTS
Item #16F3
RESOLUTION 2022-101: A RESOLUTION REPEALING
RESOLUTION NO. 2022- 48, ESTABLISHED TO ENACT AN
OUTDOOR BURNING BAN IN THE UNINCORPORATED
AREAS OF COLLIER COUNTY IN ACCORDANCE WITH
ORDINANCE NO. 2009-23, AS AMENDED, THE REGULATION
OF OUTDOOR BURNING AND INCENDIARY DEVICES
DURING DROUGHT CONDITIONS ORDINANCE, BECAUSE
DROUGHT CONDITIONS NO LONGER EXIST
Item #16F4
APPROVE A REPORT COVERING BUDGET AMENDMENTS
June 14, 2022
Page 212
IMPACTING RESERVES AND MOVING FUNDS IN AN
AMOUNT UP TO AND INCLUDING $25,000 AND $50,000,
RESPECTIVELY
Item #16F5
RESOLUTION 2022-102: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FY21-22 ADOPTED BUDGET
Item #16G1
CHANGE ORDER #1 TO AGREEMENT NO. 21-7897,
“EVERGLADES AIRPARK REHAB RUNWAY 15/33,” WITH
QUALITY ENTERPRISES USA, INC., TO INCREASE THE
CONTRACT AMOUNT BY $209,861.73, AND APPROVE ALL
NECESSARY BUDGET AMENDMENTS
Item #16G2
BUDGET AMENDMENTS TO RECOGNIZE REVENUE FOR
MARCO ISLAND EXECUTIVE AIRPORT, IN THE AMOUNT OF
$1,475,000, AND FOR IMMOKALEE REGIONAL AIRPORT, IN
THE AMOUNT OF $170,000, TO ACCOMMODATE INCREASED
FUEL PURCHASES AND ASSOCIATED OPERATING
EXPENSES OVER BUDGETED LEVELS
Item #16H1
DIRECT STAFF TO REVIEW THE COUNTY’S EXISTING
June 14, 2022
Page 213
NAMING POLICY AND RETURN TO THE BOARD WITH A
PROPOSED ORDINANCE BASED ON THE EXISTING POLICY
Item #16J1
BOARD OF COUNTY COMMISSIONERS APPROVES SHERIFF
KEVIN RAMBOSK TO BE THE OFFICIAL GRANT APPLICANT
AND CONTACT PERSON, OR HIS DESIGNEE, AND TO
RECEIVE, EXPEND THE PAYMENT AND MAKE ANY
NECESSARY BUDGET AMENDMENTS OF THE FY 2021 OF
THE STATE CRIMINAL (SCAAP) GRANT FUNDS
Item #16J2
DETERMINE VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
JUNE 8, 2022
Item #16J3
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 MAY 12, 2022, AND JUNE 1,
2022, PURSUANT TO FLORIDA STATUTE 136.06
Item #16K1
RESOLUTION 2022-103: APPOINT A MEMBER TO THE LAND
ACQUISITION ADVISORY COMMITTEE - APPOINTING RHYS
June 14, 2022
Page 214
WATKINS FILING A VACANT SEAT W/TERM EXPIRING ON
FEBRUARY 11, 2025
Item #16K2
RESOLUTION 2022-104: APPOINT A MEMBER TO THE
ANIMAL SERVICES ADVISORY BOARD. APPOINTING
MICHELE ANTONIA W/TERM EXPIRING ON APRIL 13, 2026
Item #16K3
RESOLUTION 2022-105: APPOINT AN ALTERNATE MEMBER
TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD.
(ALL DISTRICTS) APPOINTING ZULLY RUIZ AS AN
ALTERNATE MEMBER FILLING A VACANT SEAT W/TERM
EXPIRING FEBRUARY 14, 2024
Item #16K4
RESOLUTION 2022-106: REQUEST BY THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY FOR
APPROVAL OF A RESOLUTION APPROVING A PLAN OF
FINANCING INVOLVING THE ISSUANCE BY THE
AUTHORITY OF SINGLE-FAMILY MORTGAGE REVENUE
BONDS IN AN AMOUNT NOT TO EXCEED $50 MILLION OR,
IN THE ALTERNATIVE, TO USE VOLUME CAP ALLOCATION
FOR MORTGAGE CREDIT CERTIFICATE PROGRAMS OR FOR
MULTIFAMILY HOUSING FOR PERSONS OF LOW OR
MODERATE INCOME
Item #16K5
June 14, 2022
Page 215
AUTHORIZE THE CHAIR TO EXECUTE A SETTLEMENT
AGREEMENT IN THE LAWSUIT STYLED KRISTEN JASINSKI
V. COLLIER COUNTY BOARD OF COMMISSIONERS, (CASE
NO. 21-CA-851), NOW PENDING IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA, FOR THE SUM OF $5,000
Item #16K6
AUTHORIZE THE COUNTY ATTORNEY’S OFFICE TO FILE
AN OFFER OF JUDGMENT (SETTLEMENT OFFER) TO
DEFENDANT MAMMOTH CONSTRUCTORS, LLC, IN THE
LAWSUIT STYLED COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS V. MAMMOTH CONSTRUCTORS, LLC,
(CASE NO. 2021-CA-000132-0001), NOW PENDING IN THE
CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA
Item #16K7
AUTHORIZE THE CHAIR TO EXECUTE A SETTLEMENT
AGREEMENT IN THE LAWSUIT STYLED MARSHA SHARKEY
AND ANTHONY SHARKEY V. COLLIER COUNTY BOARD OF
COMMISSIONERS, (CASE NO. 21-CA-0072), NOW PENDING
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $44,000
Item #16K8 - Moved to Item #8A (Per Agenda Change Sheet)
June 14, 2022
Page 216
Item #17A
ORDINANCE 2022-21: ESTABLISHING THE HACIENDA
NORTH COMMUNITY DEVELOPMENT DISTRICT LOCATED
IN UNINCORPORATED COLLIER COUNTY AND
CONTAINING APPROXIMATELY 197.82+/- ACRES;
PROVIDING FOR THE AUTHORITY FOR ORDINANCE;
PROVIDING FOR THE ESTABLISHMENT OF THE
BOUNDARIES FOR THE HACIENDA NORTH COMMUNITY
DEVELOPMENT DISTRICT; PROVIDING FOR THE
DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING
FOR THE DISTRICT NAME; PROVIDING STATUTORY
PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS; PROVIDING FOR
PETITIONER’S COMMITMENTS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE
Item #17B
ORDINANCE 2022-22: ESTABLISHING THE TERRENO
COMMUNITY DEVELOPMENT DISTRICT LOCATED IN
UNINCORPORATED COLLIER COUNTY AND CONTAINING
APPROXIMATELY 325.767+/- ACRES; PROVIDING FOR THE
AUTHORITY FOR ORDINANCE; PROVIDING FOR THE
ESTABLISHMENT OF THE BOUNDARIES FOR THE TERRENO
COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR
THE DESIGNATION OF INITIAL BOARD MEMBERS;
PROVIDING FOR THE DISTRICT NAME; PROVIDING
STATUTORY PROVISIONS GOVERNING THE DISTRICT;
June 14, 2022
Page 217
PROVIDING FOR CONSENT TO SPECIAL POWERS;
PROVIDING FOR PETITIONER’S COMMITMENTS;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE
*****
June 14, 2022
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4: 13 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DIST UNDER ITS CONTROL
Ct �.
WILLIAM . McDANIEL, JR., CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
MX sAttest dS`$V ' irm :s
signature only..
These minutes approved by the Board on q ( 1% l'Z.tL_,
as presented ✓ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
Page 218