BCC Minutes 06/28/2022 RJune 28, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida
June 28, 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, 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 28, 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 28, 2022
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Reverend Kirt Anderson of Naples Community 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 24, 2022 - BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. Employee
1) 20 YEAR ATTENDEES
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a) 20 Years, Enrique Cruz - Service Award
2) 25 YEAR ATTENDEES
a) 25 Years, Margaret Bush – Service Award
3) 30 YEAR ATTENDEES
4) 35 YEAR ATTENDEES
a) 35 Years, Steven Ritter – Service Award
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating July 10, 2022, as Nancy Payton Day in Collier
County. Meredith Budd, Regional Policy Director for the Florida Wildlife
Federation (FWF) will accept. She will be accompanied by Franklin Adams
(former FWF board member who opened the SW office alongside Nancy)
and Brad Cornell (Southwest Florida Policy Associate for Audubon of the
Western Everglades, and long-time colleague and friend)
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. A Resolution of the Board of County Commissioners proposing County-
initiated amendments to the Collier County Growth Management Plan,
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Ordinance 89-05, as amended, to address housing initiatives to allow
affordable housing by right in certain commercial zoning districts with a
sunset date; to increase density for affordable housing; to establish a
Strategic Opportunity Sites Subdistrict; and to increase density for
affordable housing projects along Collier Area Transit routes; specifically
amending the Future Land Use Element and Future Land Use Map; Golden
Gate City Sub-Element of Golden Gate Area Master Plan Element and
Future Land Use Map; the Immokalee Area Master Plan Element and Future
Land Use Map; and adding a policy to the Transportation Element pertaining
to affordable housing along transit routes; and furthermore directing
transmittal of these amendments to the Florida Department of Economic
Opportunity. [PL20210000660] (All Districts)
10. BOARD OF COUNTY COMMISSIONERS
A. This Item continued from May 24, 2022, BCC Meeting. Recommendation
to consider Board support of the colocation of a proposed Saint Padre Pio
College of Osteopathic Medicine on the campus of Ave Maria University.
(Sponsored by Commissioner McDaniel) (District 5)
B. Recommendation to move Item #7, Public Comments on General Topics
Not on the Current or Future Agenda to the end of the meeting. (Sponsored
by Commissioner McDaniel) (All Districts)
C. Commissioner LoCastro’s Request for Reconsideration of a Motion by
Commissioner Solis to consider the Neighborhood Information Meeting
(NIM) meeting held June 13, 2022, at the Sports Park a qualifying meeting,
made during discussion of item 10C at the June 14, 2022, BCC meeting. (All
Districts)
D. This Item to be heard at 11 AM. Recommendation to accept an annual
report from the Collier County Productivity Committee and provide
direction for the upcoming year. (Sponsored by Commissioner Saunders)
(All Districts)
E. This Item to be heard no sooner than 1 PM. Recommendation to consider
Board support of draft language to reconstitute and rebrand the Southwest
Florida Regional Planning Council (SWFRPC) by repealing and replacing
the existing Interlocal Agreement and corresponding By-Laws with
language consistent with Florida Statutes, and directing the County Attorney
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to incorporate any Board approved changes into the draft for return to the
SWFRPC. (Sponsored by Commissioner McDaniel) (All Districts)
F. Recommendation that the Board forego the traditional summer break and
continue to meet twice per month in an effort to address a backlog of land
use and fiscal issues, and to better accommodate the needs of the
community. (Sponsored by Commissioner McDaniel) (All Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve the Collier Boulevard Bridge Location Study
and authorize the County Manager or designee to incorporate the
recommended alternative into the Collier Boulevard Widening Project
(Project No. 68056). (Lorraine Lantz, Principal Planner, Capital Project
Planning) (District 3, District 5)
B. Recommendation to accept an update on the Paradise Coast Sports Complex
from Sports Facilities Management, LLC. (Marissa Baker, Sports Complex
Manager) (District 3)
C. Recommendation to approve a Third Amendment to the Facilities
Management Agreement with Sports Facilities Management, LLC, to
increase the Cost of Goods Sold budget line for FY22 due to the
unanticipated inflationary cost of goods and to approve the FY23 revised
budget. (Marissa Baker, Sports Complex Manager) (District 3)
D. Recommendation for the Board of County Commissioners to accept an
update to recent housing activities. (Jacob LaRow, Manager, Housing, Grant
Development & Operations) (All Districts)
E. Recommendation to discuss entering into an employment agreement with
Amy Patterson to be the County Manager for Collier County. (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONs
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16. Consent Agenda - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $13,340 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20210002343) for work associated with Cambridge Park at
Orange Blossom. (District 2)
2) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $261,800 which was posted as a
guaranty for Excavation Permit Number PL20210000272 for work
associated with Del Webb Naples Parcels 205-208. (District 5)
3) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $62,540 which was posted as a
guaranty for Excavation Permit Number PL20200001788 for work
associated with Maple Ridge at Ave Maria Phase 6C. (District 5)
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Goodwill at Egret’s Crossing, PL20210000764,
and authorize the County Manager or their designee to release the
Utility Performance Security (UPS) and Final Obligation Bond in the
total amount of $17,779.97 to the Project Engineer or the Developer’s
designated agent. (District 1)
5) Recommendation to approve an agreement for the purchase of a
perpetual non-exclusive drainage easement (Parcel 161DE) required
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for the replacement of an existing tidal interconnect culvert as part of
the Goodland Drive Culvert Replacement Project No. 50238.
Estimated Fiscal Impact: $24,750. (District 1)
6) Recommendation to approve final acceptance of the water and sewer
utility facilities for Rick Hendrick Chevrolet Naples, PL20220003322.
(District 2)
7) 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 National Golf and Country
Club at Ave Maria, Phase 4, (Application Number PL20220000047)
approval of the standard form Construction and Maintenance
Agreement, and approval of the performance security in the amount of
$3,098,691.45. (District 5)
8) Recommendation to execute a second License Agreement with the
Barefoot Beach Club Condominium Owners Association, Inc., and the
County to allow for mangrove trimming and monitoring on County
owned property in the vicinity of Lely Barefoot Beach. (District 2
9) Recommendation to adopt a Resolution finding no objection to
amending the boundaries of the Ave Maria Stewardship Community
District and finding that the boundary amendment is consistent with
the County’s adopted Growth Management Plan and Land
Development Code. (District 5)
10) Recommendation to recognize and appropriate revenue to the Traffic
Operations cost center (163630) in the amount of $23,963.85 for
Fiscal Year 2022 and authorize all necessary budget amendments. (All
Districts)
11) Recommendation to approve and authorize the Chairman to sign a
letter requesting grant funding through Florida Department of
Transportation (FDOT) in the amount of $390,000 for the Pine Ridge
Interchange Landscape and Irrigation Relocation Project. (All
Districts)
12) Recommendation to approve the selection committee’s ranking and
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authorize staff to enter into contract negotiations with Cardno, Inc.,
related to Request for Professional Services (RPS) No. 22-7973,
“Independent Design Peer Review Services for Transportation
Engineering Projects,” and to bring a proposed agreement back for the
Board’s consideration at a future meeting. (Estimated Fiscal Impact:
$200,000, Gas Tax and Surtax) (District 5)
13) Recommendation to award Invitation to Bid (ITB) No. 22-7972,
“Disaster Recovery for Traffic Signals and Roadway Lighting,” to
Horsepower Electric Inc., as the Primary Vendor, and American
Infrastructure Services, Inc., as the Secondary Vendor, and authorize
the Chairman to sign the attached agreements. (All Districts)
14) Recommendation to approve a Local Agency Program (LAP)
Agreement FPN# 437924-1-98-01, between the Florida Department of
Transportation (FDOT) and Collier County, where (FDOT) will
provide up to $440,450 in federal funding to purchase travel time
measuring equipment, requisite accessories, and licenses; execute a
Resolution memorializing the Board's action and authorize all
necessary budget amendments (Project #33800). (All Districts)
15) Recommendation to authorize the electronic submission of four (4)
County Incentive Grant Program (CIGP) Applications with the
Florida Department of Transportation to fund projects on Randall
Boulevard, Oil Well Road, Immokalee Road, and at the intersection of
Immokalee Road and Livingston Road for a total estimated cost of
$85,008,358. (District 5)
16) Recommendation to approve the FY2022 Annual Progress Report of
the Collier County Transit Development Plan and authorize its
submission to the Florida Department of Transportation (FDOT). (All
Districts)
17) Recommendation to award Request for Proposal (RFP) No. 21-7942,
Collier Area Transit (CAT) Paratransit Passenger Choice Program, to
HBSS Connect Corp., in the amount of $263,582, to be fully funded
by Florida Developmental Disabilities Council grant program, and
authorize the Chairman to sign the attached agreement. (All Districts)
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B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board approve an additional $2,786 to
Project Combo, Inc., d/b/a Lykins Signtek Development Specialties,
LLC, for the completion of the Immokalee welcome signage project
located in the Immokalee Beautification MSTU. The total amount for
these services will be $57,600. (District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve the conveyance of a Utility Easement
with Sunshine Princess House Corporation, a Florida for-profit
corporation, to accommodate the installation and future maintenance
of a transmission water main. The estimated cost not to exceed
$1,650. (Collier County Water Sewer District Bond Fund (419))
(District 3)
2) Recommendation to approve the conveyance of a Utility Easement
located on the Collier County Golden Gate City BMX Park property
to the Collier County Water-Sewer District for the installation of
transmission water mains. The estimated cost not to exceed $50.
(Collier County Water Sewer District Bond Fund (419)) (District 3)
3) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 22-7952, “North
County Water Reclamation Facility – Electrical Services Number One
Upgrade Project,” and authorize staff to begin contract negotiations
with the top ranked firm, Johnson Engineering, Inc. (Wastewater User
Fee Fund (414), Project No. 70278) (District 2)
4) Recommendation to award Invitation to Bid (ITB) No. 22-7953,
“NCWRF Operations Building HVAC Improvements,” to Douglas N.
Higgins, Inc., in the amount of $686,380.00, approve the necessary
budget amendment and authorize the Chairman to sign the attached
construction services Agreement. (Wastewater User Fee Fund (414)),
Project 50196 (District 2)
5) Recommendation to approve an Agreement for Sale and Purchase
with Joseph J. Popp, as Trustee of the River Rd. 19 Land Trust dated
December 15, 2017, for 19.40 acres under the Conservation Collier
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Land Acquisition Program, at a cost not to exceed $639,050. (District
5)
6) Recommendation to authorize a budget amendment transferring funds
in the amount of $960,000 from Mandatory Trash Collection Fund
reserves (Fund 473) to Trash and Garbage expense (Fund 473) to
cover additional expenses incurred as a result of increased volume of
residential waste disposal. (All Districts)
7) Recommendation to approve a second amendment to the Major User
Agreement for Delivery and Reuse of IQ Water with the Riviera Golf
Club/Lucky Two Golf, LLC, to provide a revised termination date due
to facility closure. (District 4)
8) Recommendation to continue with the standardization of licensing and
support services for the Public Utilities Department’s Supervisory
Control and Data Acquisition Systems (SCADA) with GE Digital,
LLC, and Gray Matter Systems, LLC, by extending Agreement
Numbers 17- 7189 and 17-7189-NS for an additional five years and
approving the expenditures under the approved waivers for
standardization. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign one
(1) mortgage satisfaction for the State Housing Initiatives Partnership
(SHIP) loan program in the amount of $5,000 and approve the
associated budget amendment to appropriate repayment amount
totaling $5,000. (SHIP Grant Fund 791) (All Districts)
2) Recommendation to approve an “After-the-Fact” second amendment
and attestation statement with the Area Agency on Aging for
Southwest Florida, Inc., to add Home Delivered meals service to the
Older American Act Program IIIE Program and replace the Budget
and Rate Summary. (No Fiscal Impact, Human Service Grant Fund
707) (All Districts)
3) Recommendation to approve three (3) budget amendments for (3)
executed Memorandums of Understanding between Collier County
Library Division for the Community Outreach Literacy and Education
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project in the amount of $2,029,304, the Collier County University
Extension Division Reaching More - Extension Education project in
the amount of $1,546,000, and the Collier County Museum Division
for the Immokalee Pioneer Museum project in the amount of
$561,490. All projects are funded by the American Rescue Plan Act
Coronavirus Local Fiscal Recovery Fund. (Public Services Grant
Fund 709) (All Districts)
4) Recommendation to: (1) approve the Collier County PY 2022 One-
Year Action Plan for the U.S. Department of Housing & Urban
Development for Community Development Block Grant, HOME
Investment Partnerships, and Emergency Solutions Grants Programs,
including the reprogramming of funds from previous years and
estimated program income; and authorize the necessary budget
amendments in the amount of $3,644,735.15 for the HUD FY 2022-
2023 budget; (2) approve the Resolution, U.S. Department of Housing
and Urban Development Certifications and Assurances, and the SF
424 Applications for Federal Assistance; (3) authorize the Chairman
to sign future federal funding agreements and authorize transmittal to
the U.S. Department of Housing & Urban Development; and (4)
approve and authorize the Chairman to sign ten (10) subrecipient
grant agreements. (Housing Grant Fund 705 and Housing Match Fund
706) (All Districts)
5) Recommendation to award Invitation to Bid (ITB) #22-7966
“Baseball and Softball Officials” to Collier Recreation
Baseball/Softball Umpire Association, Inc., and authorize the
Chairman to execute the attached contract. (All Districts)
6) Recommendation to award Invitation to Bid (ITB) No. 22-7996,
“Purchase of Sodium Hypochlorite,” to Odyssey Manufacturing Co.,
and authorize the Chairman to sign the attached agreement. (District
4)
7) Recommendation to accept four (4) awards from the Department of
Economic Opportunity Community Development Block Grant
Mitigation Critical Facilities Hardening program in the amount of
$5,926,309 for four (4) Hardening projects, authorize the Chairman to
sign the three (3) attached agreements, authorize the Chairman or
County Manager to sign the fourth agreement upon arrival, and
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authorize the necessary budget amendments. (Grant Funds 705
Housing and 709 Public Services) (All Districts)
8) Recommendation to award Request for Proposals (RFP) No. 22-7946,
“Purchase of Ski Boat,” to Nautiques of Orlando, LLC, for the
purchase of a ski boat in the amount of $94,204 from Project 80418
Regional Parks off-road vehicles and equipment. (District 4)
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve an Assumption Agreement assigning all
rights, duties and benefits, and obligations to Reladyne Technologies,
LLC, concerning Agreement #18-7443 “Motor Oils, Lubricants and
Fluids.” (All Districts)
2) Recommendation to select Peggy Rodriguez as the recipient of the
2021 “Against All Odds” award, and to present the award at a future
Board meeting. (All Districts)
3) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the FY21-22 Adopted Budget. (All Districts)
2) Recommendation to approve a report covering budget amendments
impacting reserves up to and including $25,000, and moving funds in
an amount up to and including $50,000. (All Districts)
3) Recommendation that the Board approve and authorize the Chairman
to execute State-funded subgrant agreement A0246 accepting a grant
award totaling $105,806 from the Florida Division of Emergency
Management for emergency management program enhancement and
authorize the associated budget amendment. (Project No. 33819) (All
Districts)
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4) Recommendation to approve Amended Contract No. 1904 between
the Board and the Florida Department of Agriculture and Consumer
Services, Division of Forestry, for fire protection of forest and
wildlands within Collier County. (All Districts)
5) Recommendation to approve and authorize the Chairman to execute
Tourist Development Tax Grant Agreements for FY 2022-2023
Marketing Grants (formerly Category B) ($100,000) and Non-County
Owned/Operated Museums (formerly Category C-2) ($672,500) and
make a finding that these expenditures promote tourism. (All
Districts)
6) Recommendation to authorize a second round of Tourist Development
Tax grant application solicitations for the C-2 Category Museum
grants beginning July 1, 2022, with a deadline of August 31, 2022,
and make a finding that the grant program promotes tourism. (All
Districts)
7) Recommendation that the Board approve staff’s advertisement of an
Ordinance amending Collier County Ordinance No. 2003-34
providing for the reimposition of the Ninth-Cent Local Option Fuel
Tax upon its termination on December 31, 2025, effective January 1,
2026, and continuing through December 31, 2055. (All Districts)
8) Recommendation to approve modifications to Tourist Development
Tax Grant Guidelines on allowable uses to include the cost of
producing a performing arts production, entertainment at an event or
location whose primary purpose is the promotion of tourism not to
exceed 50% of the total cost of the production and based on the
availability of funds, and make a finding that this program promotes
tourism. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to adopt the attached Resolutions authorizing
execution of the Airport Improvement Program (AIP) Grant
Agreement number 3-12-0142-016-2022 with the Federal Aviation
Administration (FAA) in the amount of $171,200, and the Public
Transportation Grant Agreement (PTGA) number G2861 with the
Florida Department of Transportation (FDOT) in the amount of
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$9,511, for the design of the airport aircraft hangar at the Marco
Island Executive Airport (MKY) and authorize all necessary budget
amendments. (Airport Grant Fund 498 and Airport Match Fund 499)
(District 1)
2) Recommendation that the Board, acting as the Airport Authority,
award Solicitation No. 21-7937 “Immokalee Regional Airport
Hangar/Commercial Aeronautical Development- Parcel D” and
authorize the Chairman to execute the attached Collier County Airport
Authority Standard Form Long-Term Ground Lease Agreement with
Matecumbe Flying Service, Inc., for aeronautical land use at the
Immokalee Regional Airport. (District 5)
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to direct the County Attorney to advertise and bring
back for a public hearing an Ordinance amending Ordinance 1975-16,
as amended, in order to authorize the Chairman to better deal with
disorderly persons, including requesting law enforcement officers
remove disorderly persons when conduct interferes with orderly
progression of meetings. (All Districts)
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a budget amendment recognizing
$1,050,000 in revenues and expenditures in the Sheriff’s Office FY
2022 General Fund budget. (All Districts)
2) Recommendation to authorize necessary budget amendments to
increase current funding for the Collier County Sheriff’s General
Fund (Court, Law Enforcement, and Corrections) in the amount of
$4 million in order to cover salaries and benefits related to a mid-year
Pay Plan update. (All Districts)
3) Report to the Board regarding the investment of County funds as of
the quarter ended March 31, 2022. (All Districts)
4) Authorization to file the related State of Florida Annual
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Local Government Financial Report with the Department of Financial
Services for the 2021 fiscal year. (All Districts)
5) 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 June 2, 2022, and June 15, 2022, pursuant to Florida
Statute 136.06. (All Districts)
6) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of June 22,
2022. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement in the lawsuit styled Liliana Nunez and Norma
Fajardo Matos v. Collier County Board of Commissioners, (Case No.
20- CA-3298), now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, for the sum of
$33,750 to each Plaintiff. (All Districts)
2) Recommendation to approve an Agreement with the South Florida
Water Management District for construction of a new
communications tower to continue operation of the County’s flood
control system. (All Districts)
3) Recommendation to approve a Stipulated Final Judgment in the
amount of $131,350 plus $25,924.52 in statutory attorney fees,
apportionment fees, and experts’ fees and costs for the taking of
Parcel 273RDUE/TDRE, required for the Vanderbilt Beach Road
Extension Project No. 60168. (All Districts)
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17. Summary Agenda - This section is for advertised public hearings and must
meet the following criteria: 1) A recommendation for approval from staff; 2)
Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting;
3) No written or oral objections to the item received by staff, the Collier
County Planning Commission, other authorizing agencies or the Board, prior
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to the commencement of the BCC meeting on which the items are scheduled to
be heard; and 4) No individuals are registered to speak in opposition to the
item. For those items which are quasi-judicial in nature, all participants must
be sworn in.
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A. Recommendation to adopt resolution approving amendments (appropriating
carry forward, transfers, and supplemental revenue) to the FY21-22 Adopted
Budget. (All Districts)
B. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Ordinance number
2004-41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida, by amending the appropriate zoning atlas
map or maps by changing the zoning classification of the herein described
real property from the General Commercial (C-4) Zoning District to a Mixed
Use Planned Unit Development (MPUD) Zoning District for the project to
be known as the AmeriSite CB MPUD, to allow construction of a maximum
of 303 multifamily dwelling units of which 68 units will qualify as
affordable housing, up to 70,000 square feet of commercial shopping center
uses, and up to 85,000 square feet of mini-warehouse self-storage uses; and
truck leasing and gas station uses shall not be allowed. The subject property
is located on the east side of Collier Boulevard, approximately 1000 feet
north of Rattlesnake Hammock Road, in Section 14, Township 50 South,
Range 26 East, Collier County, Florida, consisting of 18.95± acres;
providing for repeal of Resolution No. 14-152, a conditional use for indoor
self storage and Ordinance No. 14-28, a rezone to General Commercial (C4);
and by providing an effective date. (This is a companion item to Accela#
22380) [PL20210001103] (District 1)
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida creating a
Residential Planned Unit Development, by amending Ordinance Number
2004-41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida, by amending the appropriate zoning atlas
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June 28, 2022
map or maps by changing the zoning classification of the herein described
real property from the Rural Agricultural (A) Zoning District to a
Residential Planned Unit Development (RPUD) Zoning District for the
project to be known as the Carman Drive 15 RPUD, to allow construction of
a maximum of 212 rental dwelling units of which 48 will be affordable
housing and rent restricted on property located at 8496 Rattlesnake
Hammock Road, north of Rattlesnake Hammock Road and west of Carman
Drive in Section 14, Township 50 South, Range 26 East, Collier County,
Florida, consisting of 15.41± acres; and by providing an effective date. (This
is a companion to 22346 GMPA-PL20210000623) [PL20210000624]
(District 1)
D. An Ordinance of the Board of County Commissioners of Collier County,
Florida amending Ordinance No. 89-05, as amended, the Collier County
Growth Management Plan for the unincorporated area of Collier County,
Florida, specifically amending the Future Land Use Element and Future
Land Use Map and Future Land Use Map Series to create the Carman Drive
Subdistrict by changing the designation of property from Urban, Urban
Mixed Use District, Urban Residential Fringe Subdistrict to Urban, Urban
Mixed Use District, Carman Drive Subdistrict to allow up to 212 rental
dwelling units, of which 48 units will be affordable housing and rent
restricted. The subject property is located at 8496 Rattlesnake Hammock
Road, north of Rattlesnake Road and west of Carman Drive, in Section 14,
Township 50 South, Range 26 East, Collier County, Florida, consisting of
15.41± acres; and furthermore, directing transmittal of the adopted
amendment to the Florida Department of Economic Opportunity; providing
for severability and providing for an effective date. [PL20210000623]
(Companion to 22323 zoning petition RPUD-PL20210000624, Carman
Drive 15 Residential Planned Unit Development) (District 1)
E. An Ordinance of the Board of County Commissioners amending Ordinance
No. 89- 05, as amended, the Collier County Growth Management Plan,
specifically amending the Urban Commercial District, Mixed Use Activity
Center Subdistrict of the Future Land Use Element and Activity Center #7
Map of the Future Land Use Map Series, to allow up to 303 multi-family
apartment or owner-occupied dwelling units, of which 68 units will qualify
as affordable housing, in the Amerisite CB Mixed-Use Planned Unit
Development, in addition to up to 70,000 square feet of commercial
shopping center development and up to 85, 000 square feet of mini
warehouse self-storage; and truck leasing and gas station uses shall not be
Page 18
June 28, 2022
allowed; and furthermore, directing transmittal of the adoption amendment
to the Florida Department of Economic Opportunity. The subject property is
located on the east side of Collier Boulevard, approximately 1000 feet north
of Rattlesnake Hammock Road, in Section 14, Township 50 South, Range
26 East, Collier County, Florida, consisting of 18.95± acres; providing for
severability and providing for an effective date. [PL20210001104]
(Companion to 21816 zoning petition MPUD PL20210001103, Amerisite
CB MPUD) (District 1)
F. 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 No. 2009-53 the Good Turn Center Mixed-Use
Planned Unit Development (MPUD) by increasing the zoned height from 45
feet to 55 feet and actual height from 55 feet to 65 feet, and providing an
effective date. The subject property, consisting of 9.5+/- acres, is located on
the east side of Collier Boulevard, north of Rattlesnake Hammock Road, in
Section 14, Township 50 South, Range 26 East, Collier County, Florida.
(District 1)
18. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
June 28, 2022
Page 2
MS. PATTERSON: You have a live mic.
CHAIRMAN McDANIEL: Good morning, everyone.
And as a reminder, even when the Chair hasn't hit the gavel,
treat every microphone as if it were on, because I was caught up here
mumbling hunting for the gavel.
MS. PATTERSON: You're good.
CHAIRMAN McDANIEL: Good morning. Everybody, good
morning. Good morning.
As is usually the case, we're going to have the invocation and
pledge. So if you all would rise, please. And, Pastor Kirt, if you
would, please, lead us in prayer.
Item #1A
INVOCATION AND PLEDGE OF ALLIGENCE – INVOCATION
GIVEN
PASTOR ANDERSON: We thank you, Father, for bringing us
together today as citizens, laboring to mimic your creative activity of
building a safe, beautiful community that burgeons with opportunity
and belonging. And, Father, we pray for our commissioners. How
do they do this? How can they accommodate the demands for both
growth and infrastructure? How can they keep life affordable,
especially for the least of our brothers and sisters, and housing be
cheap enough, workplaces close enough, streets wide enough?
While only a few sit in their seats, they sit on our behalf, and so may
we be quick to listen, slow to speak, slow to get angry.
Grant us wisdom, discretion, and love. We ask in your
incarnate. Amen.
CHAIRMAN McDANIEL: Wonderful prayer.
Commissioner LoCastro, would you lead you today, please.
June 28, 2022
Page 3
COMMISSIONER LoCASTRO: Yes, sir.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: And I would -- as we're all having
our seat, I would like to thank my friend, Pastor Kirt. He is a
reverend at Naples Community Church, and I really appreciate your
indulgence in coming here and blessing our meeting and your
friendship, sir.
PASTOR ANDERSON: And I'm so glad that prayer is still
constitutional.
COMMISSIONER TAYLOR: Here, here.
CHAIRMAN McDANIEL: Amen.
PASTOR ANDERSON: I do appreciate that.
CHAIRMAN McDANIEL: Amen, sir. Thank you.
Pastor Kirt and I coached youth basketball at North Collier Rec
Center for seven years. So there you go. It's a wonder he didn't say
more during that prayer.
All right. Acting County Manager, for the minute, good
morning.
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) – MOTION BY COMMISSIONER
TAYLOR SECONDED BY COMMISSIONER LOCASTRO TO
APPROVE – ADOPTED W/CHANGES
MS. PATTERSON: Good morning, Commissioners. We have
a rather large change sheet to go through for today's agenda. I'll just
get started.
June 28, 2022
Page 4
The first item is to continue Item 9A to the July 12th, 2022,
BCC meeting. This is a resolution of the Board proposing
county-initiated amendments to the Collier County Growth
Management Plan to address housing initiatives to allow affordable
housing by right in certain commercial zoning districts, to increase
density for affordable housing, to establish a strategic opportunity site
subdistrict, and to increase density for affordable housing projects
along Collier Area Transit routes. This item is being moved at
staff's request.
Next item, withdraw Item 10A, which was continued from the
May 24th, 2022, board meeting. This is a recommendation to
consider support of the collocation of a proposed Saint Padre Pio
College of Osteopathic Medicine on the campus of Ave Maria
University. This was sponsored by Commissioner McDaniel
formerly and is being withdrawn at his request.
Continue Item 11A, to the July 12th, 2022, BCC meeting. This
is a recommendation to approve the Collier Boulevard bridge
location study and authorize the County Manager or designee to
incorporate the recommended alternative into the Collier Boulevard
widening project, and this is being moved at Commissioner
McDaniel's request.
We have an update to Item 11E, which is a recommendation to
discuss entering into an employment agreement with Amy Patterson
to be the County Manager for Collier County. Two minor changes
have been provided to the contract that was sent out as a one-way
communication on Friday, June 24th and, again, late yesterday
afternoon, and they are as follows:
On Page 2, Section 4, termination and severance pay, add the
word "vacation" to read: Including any unused vacation leave. A
lump sum cash payment within 10 working days after the effective
date of termination.
June 28, 2022
Page 5
And Page 5, Section 13, retirement has been updated to read:
The County Manager agrees to execute all necessary agreements
provided by ICMA Retirement Corporation, Mission Square
Retirement, and/or NACo Public Employee Benefit Services
Corporation as determined by the County Manager and the Florida
Retirement System for the County Manager's continued participation
in said retirement plans. The Board agrees to pay the maximum
allowable amount as outlined under IRS regulations into the County
Manager's deferred compensation account on the County Manager's
behalf on a pay period basis ending at contract expiration or
separation from service. The county will transfer ownership to
succeeding employers upon County Manager's resignation or
termination and/or the County Manager upon their retirement in
accordance with any applicable rules, regulations, or laws.
These changes were made collaboratively with the County
Attorney, the Clerk, and HR, and is at staff's request.
The next item, continue Item 16C7 to the July 12th, 2022, BCC
meeting. This is a recommendation to approve a second amendment
to the major user agreement for delivery and reuse of IQ water with
the Riviera Golf Club/Lucky Two Golf, LLC, to provide a revised
termination date due to facility closure. This is being moved at
Commissioner Taylor's request.
We have an add-on item. This was provided to the Board as a
one-way communication last Friday. The item is for consideration
related to the utility work, No. 1UWHCA for the I-75 interchange
agreement with FDOT. County staff received the request from
FDOT on June 23rd, 2022, and the terms of the agreement require
actions within a certain time frame no sooner than the next available
board meeting.
Just a note that the form for Change Order No. 1, Section B2,
has been re-sent by FDOT to staff now correctly checking the box for
June 28, 2022
Page 6
non-reimbursable. This is at staff's request.
Continue Item 16D8 to the July 12th, 2022, BCC meeting. This
is a recommendation to award Request for Proposal No. 22-7946,
purchase of ski boat, to Nautiques of Orlando, LLC, for the purchase
of a ski boat in the amount of $94,204, and this is being moved at
Commissioner McDaniel's request.
And, finally, continue Item 16F8 to the July 12th, 2022, BCC
meeting. This is a recommendation to approve modifications to
tourist development tax grant guidelines on allowable uses to include
the cost of producing a performing arts production entertainment at
an event or location whose primary purpose is the promotion of
tourism, not to exceed 50 percent of the total cost of the production,
and based on the availability of funds, and make a finding that this
program promotes tourism. This is being moved at Commissioner
McDaniel's request.
We have two time-certain items. Item 10D to be heard at
11:00 a.m. This is an annual report from the Collier County
Productivity Committee; and Item 10E to be heard no sooner than
1:00 p.m., which is consider Board support of draft language to
reconstitute and re-brand the Southwest Florida Regional Planning
Council. As a reminder, we do have court reporter breaks set for
10:30 and 2:50.
CHAIRMAN McDANIEL: And Item 10E also at the request
of Commissioner McDaniel, since you just like reading that all
morning long.
MS. PATTERSON: I do. That's a request of Commissioner
McDaniel.
CHAIRMAN McDANIEL: Okay. All right. Let's go
through our adjustments to the agenda and ex parte.
Commissioner Solis.
COMMISSIONER SOLIS: I have no changes to the agenda
June 28, 2022
Page 7
and no disclosures on the consent or the summary agenda.
CHAIRMAN McDANIEL: Outstanding.
How about Commissioner LoCastro?
COMMISSIONER LoCASTRO: No changes. No disclosure
on consent. I have on 17B on summary, meetings, emails, and calls;
17C, meetings, emails, and calls; 17F, emails and calls.
CHAIRMAN McDANIEL: Very good.
Commissioner Taylor, good morning.
COMMISSIONER TAYLOR: Good morning. No changes to
the agenda. Nothing to declare on the consent agenda. On the
summary agenda, I have one item, 17B, to declare meetings, emails,
and calls. Nothing on 17C. Nothing on 17F.
CHAIRMAN McDANIEL: Thank you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I have no changes to the agenda and no disclosures on the consent
agenda.
CHAIRMAN McDANIEL: Okay. I have no changes myself.
I do have disclosures on 17B, C, and F. I've had meetings and
involvement with the community and the developers and so on and so
forth, so...
And I believe -- Troy didn't put it up. He did remind me -- we
do have a public speaker on the consent agenda, Item 16H1.
MR. MILLER: 16H1, yes I think is disorderly people. Rae
Ann Burton is registered to speak.
CHAIRMAN McDANIEL: Ms. Burton, you've been called.
MS. BURTON: Out of the sequence.
CHAIRMAN McDANIEL: You've been called upon. No,
you're not out of sequence. This is your time to speak on this agenda
item. If you have others, then we'll call you later.
MS. BURTON: Thank you, Commissioners, for hearing my
June 28, 2022
Page 8
concerns. My name is Rae Ann Burton, 2530 31st Avenue
Northeast, Rural Golden Gate Estates, Naples, Florida.
Item 16H1, recommendation to amend the ordinance 1975-16 to
deal with disorderly persons. Governor DeSantis passed laws to
keep BLM and the Antifa out, so why can't we just use that status if
the situation is so bad? More wasted tax dollars to research an
ordinance we don't need.
Do not amend the ordinance. It's not necessary. There are
laws already created. If the developers and county were more
considerate of the concerns --
CHAIRMAN McDANIEL: There are people talking behind
you, and if you would please refrain --
MS. BURTON: Oh. If the developers and counties were more
considerate of the concerns of the residents that these projects will
impact, there would be no unruly persons with loud angry voices.
I was at that meeting. I heard the residents from the area.
They were not violent, just loud and very angry because the
developers do not care about the environment or the residents that
will lose property to be impacted by congested traffic. They strip
forests and wood lots, destroying wildlife habitat so they can make a
profit by building dense developments that change the stormwater
flow and create flooding. Randall Road is one example.
This amended ordinance is not needed. It's a waste of staff's
time, taxpayers' dollars.
Amendment 1.2.6.1.1, hostile reaction does not justify
suppression of speech. That was Feiner Verner versus New York,
340 U.S. 315 in 1951. It is not a conditional principle that is acting
to preserve order. The police must proceed against the crowd,
whatever size and temper, and not against the speaker. Thank you.
CHAIRMAN McDANIEL: Thank you, Rae Ann.
All right. Are there any other adjustments or disclosures with
June 28, 2022
Page 9
regard --
(No response.)
CHAIRMAN McDANIEL: Then I'll call for a motion for the
adoption of the agenda as amended and purported.
COMMISSIONER TAYLOR: So move.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the agenda as been amended. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
Proposed Agenda Changes
Board of County Commissioners Meeting
June 28, 2022
Continue Item 9A to the July 12, 2022, BCC Meeting: A Resolution of the Board of County Commissioners
proposing County-initiated amendments to the Collier County Growth Management Plan, Ordinance 89-05,
as amended, to address housing initiatives to allow affordable housing by right in certain commercial zoning
districts with a sunset date; to increase density for affordable housing; to establish a Strategic Opportunity
Sites Subdistrict; and to increase density for affordable housing projects along Collier Area Transit routes;
specifically amending the Future Land Use Element and Future Land Use Map; Golden Gate City Sub-
Element of Golden Gate Area Master Plan Element and Future Land Use Map; the Immokalee Area Master
Plan Element and Future Land Use Map; and adding a policy to the Transportation Element pertaining to
affordable housing along transit routes; and furthermore directing transmittal of these amendments to the
Florida Department of Economic Opportunity. [PL20210000660] (All Districts) (Staff’s request)
Withdrawal Item 10A: *** This Item continued from May 24, 2022, BCC Meeting. *** Recommendation to
consider Board support of the colocation of a proposed Saint Padre Pio College of Osteopathic Medicine on
the campus of Ave Maria University. (Sponsored by Commissioner McDaniel) (District 5) (Commissioner
McDaniel’s request)
Continue Item 11A to the July 12, 2022, BCC Meeting: Recommendation to approve the Collier Boulevard
Bridge Location Study and authorize the County Manager or designee to incorporate the recommended
alternative into the Collier Boulevard Widening Project (Project No. 68056). (Lorraine Lantz, Principal
Planner, Capital Project Planning) (District 3, District 5) (Commissioner McDaniel’s request)
Update to Item 11E: Recommendation to discuss entering into an employment agreement with Amy
Patterson to be the County Manager for Collier County. Two minor changes have been provided to the
contract sent out as a one-way communication on Friday, June 24, 2002, which are as follows:
Page 2 Section 4: Termination and Severance Pay
Add the word vacation to read: including any unused vacation leave, a lump sum cash payment
within ten (10) working days after the effective date of termination, as follows:
Page 5 Section 13: Retirement
Additions and strikethroughs as follows: The Board agrees to pay the maximum allowable annual
amount into the County Manager’s current retirement fund on the County Manager’s behalf
annually, on the effective date of this Agreement and on the anniversary of said date thereafter, and
to transfer ownership to succeeding employers upon the County Manager’s resignation or
termination, or to the County Manager upon their retirement, in accordance with any applicable
rules, regulations or laws.
Continue Item 16C7 to the July 12, 2022, BCC Meeting: Recommendation to approve a second amendment
to the Major User Agreement for Delivery and Reuse of IQ Water with the Riviera Golf Club/Lucky Two
Golf, LLC, to provide a revised termination date due to facility closure. (District 4) (Commissioner Taylor’s
request)
Add on Item 16C9: for consideration related to the Utility Work Order No 1 UWHCA 425843-2-56-02_I-75
Interchange agreement with FDOT. County staff received the request from FDOT on June 23, 2022 and the
terms of the Agreement require actions within a certain timeframe, sooner than the next available Board
meeting. (The form for Change Order No. 1 Section B.2 has been resent by FDOT staff to now correctly
check the box for NONREIMBURSABLE) (Staff’s request)
Continue Item 16D8 to the July 12, 2022, BCC Meeting: Recommendation to award Request for Proposals
(RFP) No. 22-7946, “Purchase of Ski Boat,” to Nautiques of Orlando, LLC, for the purchase of a ski boat in
the amount of $94,204 from Project 80418 Regional Parks off-road vehicles and equipment. (District 4)
(Commissioner McDaniel’s request)
Continue Item 16F8 to the July 12, 2022, BCC Meeting: Recommendation to approve modifications to
Tourist Development Tax Grant Guidelines on allowable uses to include the cost of producing a performing
arts production, entertainment at an event or location whose primary purpose is the promotion of tourism
not to exceed 50% of the total cost of the production and based on the availability of funds, and make a
finding that this program promotes tourism. (All Districts) (Commissioner McDaniel’s request)
Notes:
Time Certain Items:
Item 10D to be heard at 11:00 AM: Annual report from the Collier County Productivity Committee.
Item 10E to be heard no sooner than 1:00 PM: Consider Board support of draft language to reconstitute
and rebrand the Southwest Florida Regional Planning Council (SWFRPC).
7/18/2022 2:25 PM
June 28, 2022
Page 10
Item #2B
BCC REGULAR MEETING MINUTES FOR MAY 24, 2022 –
MOTION BY COMMISSIONER TAYLOR SECONDED BY
COMMISSIONER LOCASTRO TO APPROVE AS PRESENTED –
APPROVED
CHAIRMAN McDANIEL: So let's move into Item No. 2.
That is the approval of 2A -- 2B. We just did the agenda, so 2B, the
meeting from our May 24th as printed.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded the
minutes as printed be accepted and approved. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Now we go to the fun stuff.
Item #3A1
AWARDS AND RECOGNITIONS – EMPLOYEE – 20 YEAR
ATTENDEES - PRESENTED
MS. PATTERSON: Commissioners, that moves us to Item 3,
awards and recognitions. We have three employees being
June 28, 2022
Page 11
recognized today. The first is a 20-year attendee, Mr. Enrique Cruz
from our Parks and Recreation Division.
(Applause.)
CHAIRMAN McDANIEL: Would you say his name again.
MS. PATTERSON: Enrique Cruz.
CHAIRMAN McDANIEL: Thank you. The buzzer was
beeping while we were announcing Enrique. How do you do?
Where you going? You've got to get your -- Enrique, here you
go. Good morning, sir. Boy, we're really happy to have this camera
lady back. Look at her. Totally focused.
There we go. Thank you.
We've got another one -- two more.
Item #3A2
AWARDS AND RECOGNITIONS – EMPLOYEE –25 YEAR
ATTENDEES – PRESENTED
MS. PATTERSON: Our next attendee is a 25-year attendee.
This is Margaret Bush from your Water Division, Lab Operations.
(Applause.)
Item #3A4
AWARDS AND RECOGNITIONS – EMPLOYEE – 35 YEAR
ATTENDEES – PRESENTED
MS. PATTERSON: Our last is a 35-year attendee; this is
Mr. Steve Ritter from our Transportation Engineering Division.
(Applause.)
CHAIRMAN McDANIEL: Where did the TV camera go when
June 28, 2022
Page 12
that was all going on?
COMMISSIONER TAYLOR: Did you look behind you?
MR. RITTER: Oh, my goodness.
COMMISSIONER LoCASTRO: You've got a fan club.
CHAIRMAN McDANIEL: She is a little more fussy than that
other cameraman.
Thank you, Steve.
(Applause.)
CHAIRMAN McDANIEL: Steven, you know, 35 years, you
get a time at the mic if you want.
MR. RITTER: Timex.
CHAIRMAN McDANIEL: Timex, no.
You know, let's do -- let's do one little honorary thing for
Steven. Thank you.
COMMISSIONER TAYLOR: You're welcome.
CHAIRMAN McDANIEL: Come on back up, and your
entourage. I want a picture of all of you, please.
(Applause.)
COMMISSIONER TAYLOR: And here comes Trinity.
MS. SCOTT: I'm responsible for this entourage. I try my best.
CHAIRMAN McDANIEL: This is a want-to picture, not have
to.
(Applause.)
CHAIRMAN McDANIEL: Outstanding. Thank you. Thank
you.
Okay. Now we have -- now we have –
Item #4A
PROCLAMATION DESIGNATING JULY 10, 2022, AS NANCY
PAYTON DAY IN COLLIER COUNTY. MEREDITH BUDD,
June 28, 2022
Page 13
REGIONAL POLICY DIRECTOR FOR THE FLORIDA
WILDLIFE FEDERATION (FWF) WILL ACCEPT. SHE WILL BE
ACCOMPANIED BY FRANKLIN ADAMS (FORMER FWF
BOARD MEMBER WHO OPENED THE SW OFFICE
ALONGSIDE NANCY) AND BRAD CORNELL (SOUTHWEST
FLORIDA POLICY ASSOCIATE FOR AUDUBON OF THE
WESTERN EVERGLADES, AND LONG-TIME COLLEAGUE
AND FRIEND) - MOTION TO APPROVE BY COMMISSIONER
TAYLOR SECOND BY COMMISSIONER LOCASTRO –
ADOPTED
MS. PATTERSON: Item 4, proclamations. Item 4A is a
proclamation designating July 10th, 2022, as Nancy Payton Day in
Collier County. This proclamation will be accepted by Meredith
Budd, regional policy director for the Florida Wildlife Federation.
She'll be accompanied by Franklin Adams, former FWF board
member who opened the Southwest Florida office alongside Nancy;
Brad Cornell, Southwest Florida policy associate for Audubon of the
Western Everglades and long-time colleague and friend; and Kim
Drieden, U.S. Fish & Wildlife; and Summer Araque, coordinator for
Conservation Collier.
(Applause.)
CHAIRMAN McDANIEL: All right. Everybody, you know
what the camera lady's going to say. Get in the middle, line up, tall
in back, all that good stuff.
Come on, Ms. Summer.
Meredith, would you like to say a few words, please.
MS. BUDD: Yes. Good morning. Thank you. My name is
Meredith Budd, and I am the current representative for the Florida
Wildlife Federation here in Southwest Florida taking over for Nancy
Payton upon her retirement in 2018.
June 28, 2022
Page 14
On behalf of the Florida Wildlife Federation and all of Nancy's
friends and family and fellow environmental advocates, I want to
truly thank you for the honor to accept this proclamation for
July 10th, 2022, as Nancy Payton Day here in Collier County.
Shortly after moving to Southwest Florida in the early 1990s,
Nancy began working with the Florida Wildlife Federation, and for
the next 30 years Nancy was the face of environmental conservation
and advocacy for this region. She fiercely defended the environment
on some of the most contentious and impactful issues affecting our
region.
Nancy believed in building partnerships and innovative
problem-solving so that effective conservation could be made on the
ground. Her work with the Florida Wildlife Federation was
instrumental in creating landmark growth plans right here in Collier
County to help better protect the Western Everglades from sprawling
growth, implementing wildlife crossings across the state, and
especially here in Collier County, and in the creation of the
Conservation Collier program which, as you all know, enabled this
county to acquire and manage over 4,000 acres of environmentally
sensitive lands for now and future generations.
Throughout her career, Nancy received numerous accolades,
especially for her work here in Southwest Florida, and in honor of her
advocacy and dedication to protecting the environment, Collier
County actually named a Conservation Collier preserve after her, the
Nancy Payton Preserve. You can see her pictured on the screen here
at the ribbon cutting for this preserve. She was very, very proud of
this preserve and the area that it helped to protect in North Belle
Meade.
Upon her retirement in 2018, July 10th, 2018, was declared as
Nancy Payton Day here in Collier County, another great honor for
her.
June 28, 2022
Page 15
Nancy's effective voice for conservation earned her the respect
and admiration for not only Southwest Florida, but environmental
professionals across the state because her reach for conservation went
far beyond just Collier County.
Nancy has a legacy, and it lives on through both the land and
wildlife she helped to protect. And, of course, her name lives on
through the Conservation Collier program at the Nancy Payton
Preserve, which is a continual reminder of the passion that leads to
successful conservation.
It truly is an honor to accept this proclamation naming July 10th,
2022, as Nancy Payton Day in Collier County to remember Nancy
and honor her contributions to this community, so thank you all very,
very much.
CHAIRMAN McDANIEL: Thank you, Meredith.
(Applause.)
CHAIRMAN McDANIEL: You know, this proclamation that
we're doing today is for our friend; she's left this world. And I'd like
to invite my colleagues, if you wish, to say a few things, if you can.
We all have a lot of -- I have a really fun story with regard to Nancy.
And so if you have had experience and would like to share a brief
story just for a moment, I'd certainly indulge that.
Commissioner Taylor.
COMMISSIONER TAYLOR: I was going to ask you to go
first.
CHAIRMAN McDANIEL: I'd be happy to. We all remember
Nancy. I mean, I remember back in the day when she used to stand
there and kick that podium wanting to protect every pine tree that a
redwood -- that a Red-Cockaded woodpecker might could fly by and
think about going and lighting [sic] in, you weren't allowed to cut it
down.
And back in the RLS days -- RLSA days and the five-year
June 28, 2022
Page 16
review, Nancy was a huge advocate of our now called wildlife
crossings. Back in the day they were called panther crossings early
on in the process. And, of course, I'm still Billy now, but back in
those days I was really Billy. And I was talking to her, and I said
I'm a huge advocate of these panther crossings if you'll do just one
thing. At the end of the mile-long fence that you put at each end of
it, put a sign and tell the kitties to go to the hole in the middle.
And Nancy goes, Billy.
So that's my happy story with her, and then, of course, the
evolution came, and we did advocate and built several -- because of
her, several of those now deemed wildlife crossings. And that's just
one of my little happy memories.
Anybody else?
COMMISSIONER SAUNDERS: I'll just simply say that I
spent many years working with Nancy. She came here, I think you
said, in the early '90s, and I was here on the Commission at that time.
And she was a very effective advocate. A lot of environmental
programs we have in place now are because of Nancy Payton. And
she has big shoes to fill, but I know there are a lot of
environmentalists taking over where she left off, and she will be
missed and is missed.
CHAIRMAN McDANIEL: Yeah, very, very much; very, very
much. You all good?
COMMISSIONER SOLIS: Yeah -- no, I'd say that, you know,
having been on both sides of cases, I think, over the years of
practicing law with Nancy, I mean, she was tireless. I mean, it really
was amazing the amount of energy she had over a 30-year period, a
tireless advocate for the environment here in Collier County and
elsewhere.
And, you know, you always knew where you stood with Nancy.
She was always very clear and honest, and it was -- it was a pleasure
June 28, 2022
Page 17
to have known her and to see all the great things that she's done for
the county over the years, too.
CHAIRMAN McDANIEL: Absolutely, and reasonable.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: Even when we were having
difficult discussions with regard to preservation and protection, she
always, always came to what I felt to be a sense of reasonableness,
so...
COMMISSIONER LoCASTRO: So as the newest
commissioner, I don't have the depth with Nancy but, you know, you
can tell that she obviously was well respected.
So I'll take a little bit of a different approach, and I think Nancy
would agree with me. The job of a leader is to create more leaders.
Meredith, you know, you're the person I've worked with, you know,
the most in the short time I've been in this seat, and I've just found
you to be nothing but informative, educated, eloquent, professional,
accessible, and everything else.
I just can only think that if you knew Nancy very well, and I'm
sure you did, that she'd be very proud that, you know, you're walking
in her steps and that you're moving forward.
And so, you know, I look to you -- I won't say being the next
Nancy, but, you know, I'm sure somebody like Nancy is proud that
somebody's carrying on her legacy, and I think she -- I know she's
very proud of you. And so I look forward to continuing to work
with you and, you know, you being my Nancy, because I'm one of
the new persons. She didn't call me Ricky, you know. I don't go
that far back with her. Okay. Ricky's my real name. Only my
mom calls me that. Not even you, Meredith.
But I just say congratulations. She was very well thought of,
and so are you, and you will be as you continue in this position. So
thank you for all that you do.
June 28, 2022
Page 18
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER TAYLOR: And not to be at the end of
the -- not to be the last one, but I guess I am.
CHAIRMAN McDANIEL: But you are.
COMMISSIONER TAYLOR: I didn't work with Nancy very
much in the county because Nancy was involved in the county when I
was on the city, so I always knew about Nancy Payton. But I did
have the occasion maybe about a year, a year and a half ago. I
think -- Meredith, I think you brought her out of retirement. We had
a meeting in this office, and I learned really quickly about Nancy
Payton. She didn't say much. She just looked at you, and if she
didn't like what you said, she looked harder. And then she got up,
all, what, 4-foot-8 of her. I mean, she was just tiny, but a
powerhouse. She said her piece, and she left.
That is a memory that I'll always have of Nancy in a very, very
positive way. Articulate, eloquent, and serious. She was down to
business, and this community is going to miss her.
CHAIRMAN McDANIEL: Very, very much. Well, thank
you, staff. Thank you for supporting us. And we're honored to
bring forward this proclamation. So thank you all very, very much.
All right.
MS. PATTERSON: Commissioners, could we get a motion to
accept the proclamation, please.
COMMISSIONER TAYLOR: So move.
CHAIRMAN McDANIEL: It's been moved.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the proclamation. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
June 28, 2022
Page 19
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.
CHAIRMAN McDANIEL: Okay.
Item #7
PUBLIC COMMENS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Commissioners, that brings us to Item 7,
public comments on general topics not on the current or future
agenda.
MR. MILLER: Mr. Chair, I have three registered speakers for
this item. Your first speaker is Richard Schroeder. He will be
followed by Daija Hinojosa.
DR. SCHROEDER: Thank you.
CHAIRMAN McDANIEL: Good morning, Doc.
DR. SCHROEDER: Good morning. I am here to -- I'm here
to talk about the --
CHAIRMAN McDANIEL: You can bring that microphone
down, and then you don't have to lean into -- it's adjustable. There
you go.
DR. SCHROEDER: Thank you. I'm here to -- thank you.
I'm here to talk about the effectiveness or lack thereof of the mRNA
vaccines.
Many studies now are appearing demonstrating the lack of
June 28, 2022
Page 20
effectiveness of the so-called mRNA vaccines protecting against
SARS-CoV-2 respiratory virus. I'm going to review one of the many
of those which appears to show that natural immunity, surprise,
surprise, is the way to go.
The study published June 15th in the New England Journal of
Medicine analyzed information for more than 100,000 Omicron
infected and noninfected residents from December 23, 2021, to
February, 21, 2022.
The authors compared the effectiveness of the Pfizer and
Moderna COVID-19 vaccines. They compared them against natural
immunity from a previous infection, and no vaccine, and what they
call -- and there was a third arm of the study called hybrid immunity,
which is a combination of infection and vaccination. We probably
won't have time to discuss that arm.
But they had -- their big claim to fame is that they had a huge,
extensive database encompassing about 800,000 people, of which
they intensely studied 100,000 of those but used the database for
other endpoints.
Anyway, what they found was that those who had a prior
infection but had not been vaccinated had a 50 percent immunity
more than 300 days after the previous infection. In contrast, six
months after the second dose of Pfizer, immunity against infection
dropped to minus 3.4 below, an average person without infection or
vaccination, which was set -- as a control set at zero. For two doses
of Moderna, immunity against infection dropped to a negative
protection of minus 10.3 percent about six months after the last dose.
These minus numbers were very cleverly labeled, quote,
negative protection by Dr. Martin Makary, a public policy researcher
at Johns Hopkins University, and I'll leave it to you what -- to
imagine what negative protection means.
This study concurred with another June 9th New England
June 28, 2022
Page 21
Journal of Medicine study showing natural immunity protection was
also higher after a second dose than after a second dose of the mRNA
products.
The authors, in commenting about the waning community and
waning immunity over time stated, among persons who had been
previously infected with SARS-CoV-2, protection against reinfection
decreased as the time increased; however, protection was higher than
protection conferred during the same time interval through the two
vaccine doses.
I would say that faith in the integrity of so-called white-coat
experts is also waning fast, both from within and from without the
sacred halls of medicine.
And all of the information that comes via all health authorities
gets filtered through this body for implementation to lower level.
So during the next plan-demic, I would suggest we carefully
review everything that's happened during the first rollout, because
lots of things, such as the lockdowns, injections, business destruction,
social isolation all in themselves turned out to be harmful to human
health, and plenty of data is available on those issues as well.
Thank you.
CHAIRMAN McDANIEL: Thank you, Doc.
MR. MILLER: Your next speaker is Daija Hinojosa, and she
will be followed by Megan Greer.
MS. HINOJOSA: Good morning, Board. For the record, my
name is Daija Hinojosa.
CHAIRMAN McDANIEL: You're going to have to turn your
sign around so I can read it. It's upside down facing me. It's got
your name on it.
MS. HINOJOSA: I know. You know my name.
Last year I made some public comments about sustainable
development and presented an argument that it's more harmful to our
June 28, 2022
Page 22
human nature than it is beneficial for the environment. I explained
in detail where this idea originated from and some of its main policy
components. I then shared that Collier County participates in
sustainable development policy making. Some viewers who
watched me knew exactly what I was referring to, and others
probably thought, oh, there's another conspiracy theorist.
But nothing about sustainable development is a conspiracy,
especially when it's found in and written in the executive summary of
the agenda today. You can see in your packet agenda and in the
executive summary on Page 24 under legal considerations, under I,
which is the discouragement of urban sprawl.
CHAIRMAN McDANIEL: Is this a discussion on something
that might come before this board in the future?
MS. HINOJOSA: Not necessarily.
CHAIRMAN McDANIEL: You're referencing something
that's on my agenda today.
MS. HINOJOSA: Well, Troy said I have to make public
comments.
MR. MILLER: It wasn't necessarily focused on that item, she
told me, so much as the language around the item.
MS. HINOJOSA: It's the language in the executive summary.
Is that --
CHAIRMAN McDANIEL: Okay.
MS. HINOJOSA: May I have more time ceded, please?
CHAIRMAN McDANIEL: Yes, you may have more time. I
just want to make it very clear that this is not a subject on any future
agenda or today's.
MS. HINOJOSA: Absolutely.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: We did pause the clock.
MS. HINOJOSA: Okay. Thank you.
June 28, 2022
Page 23
I personally have an issue with the discouragement of urban
sprawl, and anyone who owns a single-family home with acreage
should be very concerned about this.
The vehicle to wean you from your right to private property, like
out in the Estates, is called smart growth, and it's also referred to as
sustainable development. This concludes [sic] of high density
residential, walkable communities, preservation of land, centralized
planning, and transfer of development rights, which are TDRs. It's
one thing to be good stewards of our land and maximize available
space, but it's another to slowly chip away at urbanized living to
encourage an environmentally obsessed agenda all in the name of
goodwill and affordable housing.
Smart growth policies come from the former prime minister of
Norway who was also the vice president of the world's socialist party.
Her name is Gro Brundtland. I spoke on this last year. I think that
it is positive to take an innovative approach for land planning, but I
do not share the same socialist views as the creator of smart growth.
I cannot and will not ever support the discouragement or
elimination of urban sprawl. It is a detriment to private property
rights, and anyone who supports these initiatives is coming for all of
you single-family homeowners with acreage. Your private property
is considered excess, and the urbanized lifestyle that we love is
considered unsustainable.
We can find a healthy balance between preserving land and
natural resources, not only for our economy but also for our wildlife
habitat and minimize the burden from development on our
infrastructure and the impact on our natural resources without
discouraging urban sprawl.
We must not condition ourselves to only see planning through
the lens of smart growth but more so for what makes the most sense
based on our community vision. I'm open to having discussions
June 28, 2022
Page 24
around ideas that I do not personally agree with. I try to be objective
to ensure that my decisions that have significant future impact are not
driven by my own bias or emotions; however, I cannot and will not
ever support the discouragement or elimination of urban sprawl, and I
also implore the Board to not consider the element of discouraging
urban sprawl in their plan amendment decision-making.
Thank you very much.
MR. MILLER: Your next speaker is Megan Greer. She'll be
followed by H. Michael Mogil.
MS. GREER: Good morning. I'm Megan Greer with Blue
Zones Project of Southwest Florida. And today I'm here
representing Tobacco Free Collier Partnership.
According to the World Health Organization, the tobacco
epidemic is one of the biggest public health threats the world has ever
faced, killing more than eight million people a year around the world.
More than seven million of those deaths are a result of direct tobacco
use, while 1.2 are the result of secondhand smoke.
Tobacco Free Collier is a collective group of community
partners committed to protecting the health of citizens through the
implementation of tobacco-free policies and promotion of
tobacco-free lifestyles. Our goal is to help reduce the number of
deaths and the development of health problems related to tobacco
use.
The Tobacco Free Collier Partnership was created with the
intent to help establish a group of organizations with access to
different populations throughout the community that are considered
priority populations. Collaboration efforts are put forth to help
decrease the amount of tobacco users in the county, educate on
tobacco policy, and overall sustain tobacco prevention.
The partnership aims to protect Collier County citizens from
unwanted exposure to secondhand smoke in residential and
June 28, 2022
Page 25
workplace areas via the promotion of smoke-free environments.
The partnership focuses on initiatives on different policy areas
such as K through 12; smoke-free multiunit housing; Students
Working Against Tobacco, which is a group of students that work on
tobacco education in the school district. It's all self-driven -- or
student-driven; and we also work on retail point of sale for tobacco
products ensuring they're not targeting youth.
I just wanted to bring it to your attention, if it's not already, that
House Bill 105 did pass, and Governor DeSantis signed it into law.
This removes the preemption laws to allow counties and cities to
create their own smoke-free ordinances. So should you choose to
want to move our suggestive signage to an official smoke-free
beaches and parks policy, we are now at liberty to do so.
When the Parks Department did this here, we saw a 40 percent
reduction in litter, which is significant, and now being able to create
it as a policy could allow you to enforce it and potentially create
revenue but also ensure that we have smoke-free beaches and not just
suggestive.
Thank you very much.
MR. MILLER: Mr. Chair, your final registered speaker --
CHAIRMAN McDANIEL: One second.
COMMISSIONER SAUNDERS: I did have one comment.
I'm glad that you brought that up, because I had planned on bringing
up under commissioner consultation or communication this afternoon
dealing with that new legislation that permits counties and cities to
prohibit smoking in parks and on beaches.
I'm reminded of years ago when we would have beach cleanups,
and there would be literally thousands and thousands of cigarette
butts littering the beaches. And so that is going to be an add-on or a
discussion item this afternoon to bring that forward for some
consideration for making our beaches and our parks smoke free. So
June 28, 2022
Page 26
I want to thank you for bringing that up this morning.
MS. GREER: Thank you.
MR. MILLER: Mr. Chair, your final speaker on Item 7 is
H. Michael Mogil.
MR. MOGIL: Thank you.
I just want to comment about the last item real quickly, about
the smoking. As a meteorologist and a math tutor, I review the
textbooks that Collier County's buying for the schools. I reported
last month at the school board meeting that there were problems in
the math textbooks about fifth graders smoking and their favorite
brand of cigarettes. Just to let you know that that is permeating.
While you try to stop smoking, the school system textbooks may
have problems about smoking.
Comment to Commissioner LoCastro. I came here a few
months ago, I think I was online, and I commented about the median
strips. I want to report that you are correct. It is the state median
strips that are the problem, not the county's; however, I did flag some
problems, and your maintenance people cleaned them up. Great.
There's one more problem. I think it's on private property over
at the Orange Blossom Library. Well, that would be public property.
There's a hedge when you come out of the parking lot that's blocking
the eastbound traffic on Orange Blossom Road or whatever, and that
should be looked at.
CHAIRMAN McDANIEL: You know, we have this little thing
in Collier County called 311.
MR. MOGIL: I'll call it in.
CHAIRMAN McDANIEL: Just dial it. I called it the other
night at 10 o'clock at night and got a body.
COMMISSIONER LoCASTRO: That was me that answered.
CHAIRMAN McDANIEL: Oh, it was you. Okay.
COMMISSIONER LoCASTRO: I'm taking care of it.
June 28, 2022
Page 27
CHAIRMAN McDANIEL: And, therefore, then my situation
did not get resolved.
MR. MOGIL: Okay. So what I would like to do, though, is
compliment the county for resurfacing and remarking the highway so
they're visible in the rain, and that brings me to what I really want to
speak about is asphalt and concrete surfaces. We are building east
from Naples into the East Naples area and beyond. I'm a frequent
visitor to Houston. We have relatives there. I've come here before
to talk about the fact that Houston is an impervious city; it floods.
And I don't want Collier County to become Naples East.
On Veterans Day -- or Memorial Day, I went over to the
Freedom Park, which is its own little watershed area with lots of
information and so forth, and I would encourage the county to think
about placing some of those type of small parks or pocket parks or
educational parks in East Naples that are individual watersheds so we
have a watershed itself that can take care of some of the excess water
but also serve as a community resource. And I'd just like to throw
that out as something to think about, that Freedom Park was
awesome. And, I mean, we don't have to have all the architecture
and everything there. You can have a playground, whatever, but
whether it's a real park or a pocket park, those things would be
awesome in East Naples and would help with some of the runoff. So
thank you for considering that.
COMMISSIONER TAYLOR: Just one moment.
CHAIRMAN McDANIEL: Commissioner Taylor.
Mike, don't go away.
COMMISSIONER TAYLOR: Just enjoy an early morning or a
late afternoon at Eagle Lakes Community Park and see what we did
there.
MR. MOGIL: I would like to see more of them, not just one or
two.
June 28, 2022
Page 28
COMMISSIONER TAYLOR: But, I mean, we're doing that.
And my next request, which won't be right now, but we're looking to
see if we can convince the development community of the
importance of understanding having these wonderful water resources
within developments that provide not only watershed, but they all
provide an abundance of habitat for nature.
So we actually met out at Freedom Park last year with a cadre of
people, including basin -- Big Cypress Basin chairman, to talk to the
development community about this. So hopefully it will be an idea
that goes forward. I support this so much. It's so important.
CHAIRMAN McDANIEL: Thank you, Mike.
MR. MOGIL: That would be great, thank you. And I'm a
pragmatic environmentalist. I just want you to understand that. So
I -- just so you know.
MR. MILLER: That is all of our speakers under public
comment, sir.
CHAIRMAN McDANIEL: Outstanding. Thank you very
much. All right.
Item #10B
TO MOVE ITEM 7, PUBLIC COMMENTS ON GENERAL
TOPICS NOT ON THE CURRENT OR FUTURE AGENDA TO
THE END OF THE MEETING - DISCUSSED; MOTION BY
COMMISSIONER SAUNDERS SECOND BY COMMISSIONER
TAYLOR TO CONTINUE WITH CURRENT PROCESS AS IS,
AND BEFORE COMMISSIONER COMMENTS ARE MADE, FOR
THE CHAIR TO ASK WHETHER THERE ARE ANY
ADDITIONAL SPEAKERS THAT WOULD LIKE TO SPEAK ON
TOPICS NOT ON THE AGENDA – APPROVED
June 28, 2022
Page 29
MS. PATTERSON: Commissioners, that moves us to Item 10,
Board of County Commissioners. Item 10B is a recommendation to
move Item 7, public comments on general topics not on the current or
future agenda, to the end of the meeting. This item is sponsored by
Commissioner McDaniel.
CHAIRMAN McDANIEL: Very apropos. How about that?
Timing is everything.
Commissioner Saunders, I see you getting ready to light up. Do
you have a comment first, or do you want to hear what I have to say?
COMMISSIONER SAUNDERS: No, I had not pushed the
button yet, so I was waiting for you to have your comments, and then
I was going to push the button to get your attention.
CHAIRMAN McDANIEL: Okay. Very good. This subject
matter is somewhat delicate. I want to give consideration and have
discussion as to how we manage our meetings and conducting the
public's business. We've had a circumstance occur a couple of times
in my tenure, several times in my tenure, where people come to speak
on Item No. 7, items not on today's agenda or future agendas, and our
entire morning sometimes gets consumed allowing the public that
right to speak because of where it's placed on the agenda.
And we have paid staff, paid consultants, people that travel in
for our meetings because they are Item 9A and they think that they're
going to be heard and oftentimes aren't heard till well after the lunch
break.
I do not wish to eliminate the right of the people to speak at our
meetings. I certainly am not going to eliminate the right of the
people to speak on individual agenda items as they come forward and
as folks have the right to do. I just want to have some discourse
amongst us with regard to policy and -- because, Commissioner
LoCastro, you say things that sometimes resonate with me and
sometimes don't. But one of the things you regularly say is this isn't
June 28, 2022
Page 30
the county's business. This isn't the county's land. This isn't the
county's money. That is the taxpayers' money.
And I'm just wanting to have a discussion about whether it
would be advantageous for us to move this item to the end of our
meeting, still provide for the public comment to come, and people
can come and say necessarily anything they want during the allotted
time, but better effectuate the actual business of the taxpayers'
business and utilization of the taxpayers' money with our staff time
and paid consultant and so on and so forth.
So with that, I'm going to open it up for a discussion. And,
Commissioner Saunders.
COMMISSIONER SAUNDERS: You had indicated that we've
had numerous times or many times where this public comment has
consumed our morning. I haven't seen that. We just had four
speakers. Sometimes we'll have seven. Sometimes we'll have one
or two. I don't think it's been a problem. And I don't like to change
our procedures where the public is used to having a set procedure,
changing it because sometimes it's tough getting the word out.
I'd like to keep it the way we have it. I don't think it's a
problem. Everybody knows that when you're doing business in the
public, it can be a little messy. It can be very time consuming; that's
just the nature of the business we're in. So I'm of the opinion that
we've had a procedure in place for a long, long time. It hasn't
created a problem, in my view, more than once or twice in the six
years I've been on this board. And so I don't agree that it should be
changed.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I respect the spirit of
why you brought this forward, and it's arguable. You know, I
understand the rationale. And I don't want this to come off wrong or
sarcastic. You know, I'm Italian, so maybe sometimes, you know, a
June 28, 2022
Page 31
conversation might come off that way, and I don't mean to.
But to the paid consultant that's sitting in the back, I really don't
care if they have to wait for three hours. I see us here as doing the
business of the people. So somebody retired that sits here and is
waiting for whatever time we end -- you know, sometimes we end at
noon. Sometimes we end at 9:00 at night.
So unless there was a time-certain that maybe, hey, we're going
to make it 1:00 so we could at least maybe stay on track. But even
then, I think, you know, I actually value Ms. Burton's time more than
I value a $300,000 attorney who's sitting in the back, you know,
waiting for his, you know, 20 minutes to speak. He's being paid to
do that.
You know, she's -- her job is to be retired and enjoy Collier
County. And I actually find that the public comments in the
beginning, even when there's stuff -- even when there are things that
aren't on the agenda, to be very valuable, and sometimes even when
they dance around something on the agenda, they help me sometimes
formulate an idea. I mean, we sit here and we hear people talk about
the environment or this or that, and maybe it's not something on the
agenda but then something similar comes up, and I find it valuable.
I agree with, you know, Commissioner Saunders, although I
haven't been sitting here as long, I don't think it's, you know, been
sort of out of line or it's thrown us way off. And the times where it
has, it was a big issue that was important and passionate to the
citizens, and that's why we're all sitting here.
So, you know, I've said before I don't sit here and watch the
clock and wonder when lunch is or hope we can get out before 5:00
or whatever. And I'm not saying anybody else is here. But if 40
citizens want to talk about, you know, COVID, the environment,
dolphins, manatees, that's their right, and that's what that -- that
podium is owned by them.
June 28, 2022
Page 32
And so if some consultants thought they were speaking at 1:00,
and they're going to miss a plane, well, then, you're either going to
miss a plane or don't be here and, you know, your motion or your
issue might fail.
I like the way it is, and I find it very valuable in the beginning to
hear, you know, from public comment, and I don't think that we've
been, like, way off schedule.
But you-all have more history. But, I mean, Commissioner
Saunders, obviously, has a lot of history in here, so I really value if
he says, wow, it's only been a handful of times, then, you know,
maybe we're addressing something that really isn't a problem. And,
you know, if it ain't broke, don't fix it.
And, like I said, I'll end it by saying I value the citizens' time the
most, and I would hate for citizens to sit here for 11 hours or five
hours or four hours waiting for this meeting to end so they could get
three minutes at the podium. That's just my thought.
CHAIRMAN McDANIEL: Well -- and just on that note, you
know, I certainly hope you understand the spirit that I brought this
forward.
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN McDANIEL: There's no issue -- I have no issue
with the public comment. I have an issue with the timing with
regard to the efficiency of our meetings. And I certainly don't want
to take away that by any stretch of the imagination. I'm just talking
about the efficacy and the efficiency of our meetings.
So this isn't -- this isn't a right to speak from a timing
perspective. If the item was moved to the end of our meetings, folks
could pretty well assume that they don't have to be here in the
morning fray of what we have going on, and they could be here in the
afternoon, and they would only have to necessarily block off a half of
their day.
June 28, 2022
Page 33
So, again, I can see which way this is going, so I'm not -- I'm not
throwing myself on this sword. It's just a subject I wanted to have
discussed.
Commissioner Taylor.
COMMISSIONER TAYLOR: I think moving the public
comment to the end of the meeting is putting our citizens at great risk
to our loquacious board that sometimes when we think an item is
going to end in an hour, it's two hours later, and we're looking at the
time. I think we need to have this at the beginning to give them the
opportunity. They know the beginning of the meeting. It's clear
they don't -- you know, it's three minutes. Now, if there's 25 of
them, well, there's 25, but I haven't seen it that often for me to feel
like, oh, my gosh, this is -- this is disrupting our meetings. This
is -- in my opinion, this is adding to our meeting, so I --
CHAIRMAN McDANIEL: Well, the one thought that I
actually had was maybe a triage -- maybe splitting the agenda item.
And a triage by our County Attorney. One of the suggest -- because
we've had citizens come here and speak that have had -- not had
success in dealing with our staff in some form or format, and they're
aggrieved in some form or fashion. And those are -- those are items
that maybe we could hear at the beginning, but then items that aren't
necessarily ever going to be a purview of this board could be heard at
the end, and that was one of the thoughts that I had when I was going
through this process, so...
Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm not sure what triage by
the attorney would be. To me, that sounds like the attorney would
be making decisions as to who would speak and when. This is an
item that we can hear at 9:00. This is an item that we'll hear or the
Commission won't hear. That's just a bad path to go down.
This is a situation -- a policy that has not been a problem.
June 28, 2022
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There is no reason to change this from first thing on the agenda to
accommodate our citizens; that's why we're here. So I would object
to having the County Attorney involved at all in determining who's
going to speak and on what topics. That's just wrong.
CHAIRMAN McDANIEL: Fair enough. Again, this isn't an
argument. This is just me talking on things that I think about. So I
certainly appreciate your comments.
Anybody else before we go on to public comment? We're
going to have public comment on this, and then we'll move forward.
MR. MILLER: Mr. Chair, you have one public comment on
public comment, Rae Ann Burton.
COMMISSIONER LoCASTRO: Ma'am, I'm sorry. You'll
have to wait till 7:00 p.m. No.
MS. BURTON: Then you're going to be here till 9:00.
Thank you. I was glad to hear the comments.
10B, the recommendation to remove public comments Item 7 to
the end should not be approved. Reason given: There was increase
in public speakers and members of public, paid counsel and
consultants had to wait. Many times presentations have been moved
ahead of items on the agenda.
People that speak on public comments are not only paying the
salaries of the staff, but also losing money from taking off work, even
have to pay for babysitting or caretaking so they can come, and then
there's our retirees.
It is true the public comment is not always toward the middle,
but it also had five minutes, not three. Exhibit A 16.K.6.B.
It is said to save tax dollars. I say we are the taxpayers and
should be heard during the meeting, not at the end. Many have
family obligations or jobs that would prevent them from coming if
this is moved to the ending. It also the real reason -- what is the real
reason to moving it? To deter the public from speaking about
June 28, 2022
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concerns that are being planned? I was told two people can speak
for the Estates. Two people are sometimes the only ones that can
come to a 9:00 meeting, let alone stay still 5:00, but five people can
decide what type of quality of life or lack of it the Estate residents
will keep or lose.
There are major concerns about the extensive dense
development that's not in the plans of growth for the Estates. Public
comment is sometimes the only item where the public can voice these
concerns. Every concern of your constituents should be your
concern. If the BCC can't help, then the public should be informed
of who can. This platform is the only person-to-person contact that
people have to voice fears and concerns. It should stay as Item 7 on
the agenda.
Thank you.
CHAIRMAN McDANIEL: We have one more speaker on this
item, Mr. Chairman. Daija Hinojosa.
MS. HINOJOSA: Good morning. Daija Hinojosa, for the
record.
I don't personally mind whether public comments are in the
morning or in the evening. Through all the affordable housing
meetings that we've had with the public saying that they work all day
so they don't have the opportunity to take off work to come speak,
which is why, typically, the room is pretty empty minus the crowds
that are always here to speak on things that they're very passionate
about.
So I would say that as a taxpayer, as someone who is in the
public, I think it could almost serve as possibly even a benefit for
those who have to work all day, and I think it would give them an
opportunity to be able to come here after work. I'm not sure if
there's a way you could make it to where public comments start at,
like, 5:00 or something like that, but I kind of think maybe it might
June 28, 2022
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be a good idea.
COMMISSIONER SAUNDERS: A question. We don't know
when our meetings are going to end. I mean, we've had meetings
that end at 11:30 in the morning, we've had meetings that end 9:00 at
night. And so for the working person to think that they can come at
the end of the meeting, no one knows when that is. That could be
2:00 --
CHAIRMAN McDANIEL: One of the suggestions --
COMMISSIONER SAUNDERS: -- and that's why just
keeping it the way it is, everybody knows.
MS. HINOJOSA: That's true.
COMMISSIONER SAUNDERS: And if they can't make it
because they have to work, that's understandable, but to tell them,
come at the end of the meeting, they're still not going to be able to
make it, because no one knows when that meeting's going to be -- the
end's going to be. Are they going to come at 2:00 or 6:00?
MS. HINOJOSA: That's true.
COMMISSIONER SAUNDERS: So it's got to be -- it's got to
be either at a time-certain, or it's got to be at the beginning. And I
think the beginning is where it should be.
MS. HINOJOSA: I understand that.
CHAIRMAN McDANIEL: And that was one of the
suggestions I got in email.
You still have your three minutes.
MS. HINOJOSA: Were you making the point that the
consultants that are here, they're being paid on tax dollar dime?
CHAIRMAN McDANIEL: No.
MS. HINOJOSA: No? Okay. So they're not being
paid -- okay. I was going to say, if they're being paid on taxpayer
dollar dime, that could be a concern, but...
COMMISSIONER SAUNDERS: Some of them are. You
June 28, 2022
Page 37
know, we do have hired engineers and other consultants that are
paid -- have an hourly rate, and some of those consultants sitting in
the room are working for private developers and other entities, but
some are working for the county. And so there is going to be some
situations where some professionals may have to wait, but it's never
that much time.
MS. HINOJOSA: Okay.
COMMISSIONER SAUNDERS: And so I think we're
spending a lot of time talking about an issue that really isn't an issue
to worry about.
MS. HINOJOSA: I just wanted to add my two cents. Thank
you.
COMMISSIONER SAUNDERS: And I appreciate that, but I
just wanted to point out why I felt that an evening or after a
commission meeting opportunity to speak just doesn't work for
anybody.
CHAIRMAN McDANIEL: Well, one of the suggestions that
came about was the time-certain as we do for today's agenda with the
Regional Planning Council, not before 1:00. That would allow the
public that do want to take a half day off in the afternoon to come and
know that they would get heard but in the afternoon and not in the
morning session.
Again, one more public speaker --
MR. MILLER: One more. Bebe Kanter.
CHAIRMAN McDANIEL: -- and then we'll get on to where
we need to go. Talk about wasting public money.
MS. KANTER: My name is Bebe Kanter. And I think what I
have to say is relevant just because I am the presumptive winner of
the democratic primary.
But I'm speaking now -- well, I'm speaking as a future
commissioner, and I'm also speaking as an over-verbose general topic
June 28, 2022
Page 38
speaker who's often been in the situation and had to fly back and
forth between my home -- the home of my children where my
children were having birthday parties in Chicago -- I mean, in
Naples, and I always came back.
It's really nice to have either -- be able to predict when a person
has a chance to speak. And I would be happy with any compromise,
maybe -- for some people it might be better to have one opportunity
during lunchtime because they can't take off from work or they have
to do something with their children in the morning, but it is very
important for the community to have predictable times to speak,
period.
And if I win the election -- I've already one the first part -- I'll be
happy to vote in favor of letting the general public speak at those -- at
predicted speech times.
Thank you.
COMMISSIONER LoCASTRO: Thank you.
MR. MILLER: That is all the comment on this item, sir.
CHAIRMAN McDANIEL: All right. Well, we're not going to
even bring --
COMMISSIONER SAUNDERS: There was one procedure
that other communities that I've worked in use. One is that they
have public comment at the beginning of the meeting, and that
accommodates a lot of people, and then at the end of the meeting
they'll call for public comment again. And sometimes there's
somebody that will come in for public comment, but almost never
from the times that I've seen it. But at least it gives people an
opportunity.
So, Mr. Chairman, you might want to, at the end of the meeting,
just say -- ask the audience if there's anyone else that wants to speak
on topics not on the agenda.
COMMISSIONER TAYLOR: The City of Naples does that.
June 28, 2022
Page 39
COMMISSIONER SAUNDERS: Yeah. That gives
everybody two chances, and maybe that accommodates some folks
that just couldn't possibly get here before 5:00. So I would support
that. As a matter of fact, I'm make that as a motion.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN McDANIEL: I'm fine with that.
COMMISSIONER SAUNDERS: The motion would be that
we continue the process of having our public speakers at the
beginning of the meeting just the way it is right now and that when
we finish the agenda, before we get to County Commission
comments, again the Chairman will ask if there's anyone else who
wants to speak on topics not on the agenda. We'll give people two
opportunities.
COMMISSIONER TAYLOR: And I seconded that. I'm very
familiar with that. It works. It's eloquent. It really works well.
CHAIRMAN McDANIEL: Therefore, then, it's been moved
and seconded that we add an additional item to the end of our agenda
to allow for public comment should there be any.
MS. KANTER: You're a good loser.
CHAIRMAN McDANIEL: I'm not losing. I wanted to -- this
is conducting the public business.
MS. KANTER: That was a joke.
CHAIRMAN McDANIEL: And I have -- I have an entitlement
to my opinion, as skewed as they are. And sometimes they agree
with me, and sometimes they don't, and right now they don't, and
that's okay.
It's been moved and seconded that we add another agenda item
to the agenda. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
June 28, 2022
Page 40
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.
Let's go forward.
Item #10C
COMMISSIONER LOCASTRO’S REQUEST FOR
RECONSIDERATION OF A MOTION BY COMMISSIONER
SOLIS TO CONSIDER THE NEIGHBORHOOD INFORMATION
MEETING (NIM) MEETING HELD JUNE 13, 2022, AT THE
SPORTS PARK A QUALIFYING MEETING, MADE DURING
DISCUSSION OF ITEM #10C AT THE JUNE 14, 2022, BCC
MEETING - MOTION BY COMMISSIONER LOCASTRO
SECOND BY COMMISSIONER TAYLOR TO ALLOW FOR
RECONSIDERATION AT TODAY’S MEETING – APPROVED;
MOTION BY COMMISSIONER LOCASTRO SECOND BY
COMMISSIONER SAUNDERS WE ACCEPT MR.
YOVANOVICH’S PROPOSAL THAT A PUBLIC INFORMATION
MEETING BE HELD, SOONER THAN LATER, TO MAKE UP
FOR THE PREVIOUSLY HELD NIM AND INCLUDE THE
MEETING BE HELD AFTER 5:30PM, SO PEOPLE THAT WORK
MAY ATTEND AND THAT IT BE RECORDED, WITH STAFF
TO DETERMINE WHERE ON THE COUNTY’S WEBSITE THE
RECORDING WILL BE LINKED FOR ALL TO VIEW, AND THE
APPLICANT BE REQUIRED TO TAKE LIVE QUESTIONS –
APPROVED
June 28, 2022
Page 41
MS. PATTERSON: Item 10C is Commissioner LoCastro's
request for reconsideration of a motion by Commissioner Solis to
consider the neighborhood information meeting, NIM, held
June 13th, 2022, at the Sports Park a qualifying meeting made during
discussion of Item 10C at the June 14th, 2022, BCC meeting.
COMMISSIONER LoCASTRO: So this is another one to stir
the pot. I actually do really want to say I appreciate Mr. Klatzkow
and the County Manager's Office for capturing the spirit of why I put
this on the agenda, and much like Commissioner McDaniel, it wasn't
that I had a big change of heart or anything.
But, you know, Commissioner Saunders has said a few times
very eloquently that, you know, sometimes we -- you know, I'm
summarizing here, but chewing on things and bringing something
back that maybe we want to reconsider isn't a bad thing. I mean, you
know, we're all human up here. You know, we stand behind our
votes, but at times, you know, you sort of think of things.
And when we voted to allow that NIM at the sports complex to
count because it was an unruly mob, and, you know, it's arguable
what happened and everything, I just remember my last comment
was, the only thing that doesn't sit well with me is 95, 98 percent of
the people in the crowd, even though they might have been upset, I
think they were there to get value out of the NIM and to hear the
discussion back and forth, and they were robbed of that by a handful
of people that wouldn't be civil.
So that never really sat well with me. And like I said, I just
wanted to see what the appetite was to, you know, reconsider this or
at least talk about it.
Having said that, I was really encouraged by the email we all got
from Mr. Yovanovich that said -- and he represents the
developer -- that he would be willing to have a public information
June 28, 2022
Page 42
meeting. Not the same as a NIM but at least gives the public a
chance to sort of regather and try to make this a worthy discussion,
and it sounded like he was proposing doing it over Zoom so that if he
got an unruly mob, you know, you could sort of silence or you could
control them a little bit better, and you wouldn't need to hire all the
security and whatnot.
I liked that proposal, and that's sort of what I was going to say
here, not, hey, let's regather in the stadium and give it a college try
and do it all over again, but maybe some other type of gathering like
a Zoom or whatnot. But I just felt -- and we heard from a few
citizens, and that wasn't really what made me put it back, the few
citizens that sent us emails that said, you know, that that small group
didn't really represent them, and they feel like they were sort of
gypped out of, you know, hearing from the developer. It just sort of
reaffirmed what I was thinking.
But I really just wanted to throw it out for discussion. I'm not
championing this cause, but I do feel for the citizens that came there
in a civilized way to get the value out of a NIM. And we have seen
how well-run NIMs have great value even though they can be
passionate on both sides. Afterwards, they can really have great
value either in the developer making some concessions or some
changes or the citizens having a better understanding and hearing
facts instead of maybe what they just read on social media.
And I just think that a project this important, you know, just
penalizing the greater mass over the handful of folks -- so I just -- I
thought it was worthy to just talk about it. I don't mean to make it a
huge, big federal case, but I just was curious of your thoughts. And
Mr. Yovanovich's email yesterday to all of us, I liked, so...
CHAIRMAN McDANIEL: And we get to hear our thoughts
here in a second.
Commissioner Saunders.
June 28, 2022
Page 43
COMMISSIONER SAUNDERS: Thank you.
And, Commissioner LoCastro, I'm glad you brought this back.
When this first came up, for me it was a little bit of a knee-jerk
reaction in the sense that I didn't want to be in a position where a few
unruly folks can disrupt a meeting, have it canceled, and be the
winners in the sense that a project comes to a halt because of
someone stomping their feet and yelling in a meeting.
And that's why I thought, well, okay, this should count as the
NIM. That kind of punishes the folks that disrupted the meeting but,
you're right, it also punishes the people that want to make their
comments.
So I'm okay with one of two processes for this particular NIM.
One is to do the remote NIM, as you've indicated, and the other is if
we have -- I think there's great benefit in having the NIM. We can
make an exception and have that NIM in this room. This room, by
virtue of the fact that we're in this type of chamber, generates a lot of,
you know, seriousness to the matter, and people tend to be less
disruptive when they're in a formal setting like this, plus we have
security at all of our meetings, and that helps keep folks a little bit
more reserved in some of their activities.
But having a remote Zoom is fine, having a NIM in this room
for this particular petition, I think, would work as well, or any kind of
a combination thereof. But it's important. I agree with you, the
NIMs are important. It helps folks understand what a project is all
about, and it helps the developer and our staff to resolve problems
that are generated by a project before that project and those problems
get to the Planning Commission and to the County Commission. It
doesn't necessarily resolve all the issues, but it does help resolve
some.
So I agree, having a Zoom NIM or having a NIM in this room
would be the best alternative for this.
June 28, 2022
Page 44
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I think -- I mean, if the whole idea
behind the NIMs are for the applicant to provide the neighbors
information about what they're proposing for the neighbors to give
feedback to the applicant to hopefully refine their application so that
what comes to the Planning Commission is as good as it can be, you
know, I think -- I think what was proposed as having a virtual
informational meeting where the presentation is made, right, the
people hear it, they have an opportunity to respond to that, that will
accomplish what the intent of the NIM is, but I think we should -- we
should keep it at that, because if we don't, then, you know, the
boisterous few have gamed the system by delaying things. And I
think -- I think that's not a precedent that we should set, because that's
what's going to happen in the future. I think that's fairly safe to say.
So I mean, I would make a motion that what we do is require the
applicant to have a Zoom meeting as proposed by Mr. Yovanovich
that's recorded so it can be seen later, that questions be taken from
those in attendance. I've done that at the library when I do my
Coffees with the Commissioner. It works really well, that those
questions are answered, but that it -- that the NIM count, because I
think to do otherwise is just --
CHAIRMAN McDANIEL: A big disservice.
COMMISSIONER SOLIS: Yeah, I think it's setting us up for
more of that, and I think there has to be a clear line in the sand that,
you know, this is not an opportunity to act badly -- intentionally to
just game the system and put things off, because there is a cost to the
taxpayer as well. I mean, we have staff that goes to these things,
right?
CHAIRMAN McDANIEL: If I might make a suggestion.
We're voting on Commissioner LoCastro's reconsideration of this
item. Let's do that first, and then we'll move into deliberation and
June 28, 2022
Page 45
discussion about how we do in fact manage it, as long as there's
consensus to give reconsideration. If you'll indulge for that.
COMMISSIONER SOLIS: Sure.
CHAIRMAN McDANIEL: Commissioner Taylor, because I
have a couple --
COMMISSIONER TAYLOR: Well, I was going to -- is that a
motion? I'd like to make a motion that we reconsider.
CHAIRMAN McDANIEL: It already -- Commissioner -- that's
the item that we're here to have a discussion on.
COMMISSIONER TAYLOR: I know, but --
CHAIRMAN McDANIEL: And I have some comment myself,
so...
COMMISSIONER SAUNDERS: Well, on the motion to
reconsider, I think typically what happens when there's a vote to
reconsider, it's put off till the next meeting. So as part of the motion,
I'd like to have the reconsideration approved for hearing this morning
as opposed to having that hearing next meeting.
COMMISSIONER TAYLOR: Is there a second?
COMMISSIONER SAUNDERS: Is that correct, Mr. Attorney?
Doesn't our ordinance generally say you make the motion to
reconsider, if it's moved, then it's put on the next agenda?
MR. KLATZKOW: Yes, but this is really outside the box,
because this was not an action item that the Board's reconsidering.
This was just discussion.
COMMISSIONER SAUNDERS: Okay. I want to make sure
we can hear it.
MR. KLATZKOW: Whatever you guys want to do.
CHAIRMAN McDANIEL: I'm fine with hearing it right now,
as long as we're not, you know, violating our policy.
COMMISSIONER TAYLOR: Well, if there's not a second to
the commissioner's motion, I'll second that.
June 28, 2022
Page 46
CHAIRMAN McDANIEL: Okay. Then let's start there.
We're going to -- we're going to -- there's been a motion and a second
to actually hear this item today and not as typically is the case with
our policy. 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, number one.
Now I have a couple comments, if I may, and I am in absolute
agreement with the reconsideration of this. I felt, as Commissioner
Saunders did, that, you know, the developer was unfairly treated and
people were boisterous and prohibited the NIM to go forward, but
then I -- and, you know, one of the things that I oftentimes find
myself -- I don't change my vote very often unless I learn new
information, and one of the new information pieces that I learned was
the information that's provided on the Internet by the developer is
somewhat lackluster. There isn't a good picture. There isn't a
website that someone could easily go to and pick and hear about the
use changes and the side-yard setbacks and where the location's
going to be and what the densities are and what the AMI is and so on
and so forth, and the public was required to go to different spots. All
that information is available in the public realm, but you had to go to
the county website to learn about the GMP amendments, and you had
to go over here to learn about where the side-yard setbacks were and
so on and so forth.
June 28, 2022
Page 47
So I'm in absolute agreement that a -- I actually have coined a
phrase on a virtual NIM that as long as your comments and questions
are PG13 or below, they'll be responded to. If not, they'll be deleted.
So I'm in total agreement with that.
I had a question that I had for the County Attorney, and this goes
over to the other item that we are going to ultimately hear at some
stage. There are -- there is a statute, 286, I believe, that is a realm of
governance in public meetings, and allowing for -- as Commissioner
Saunders said, the decorum that happens here is oftentimes different
than that that is being put upon by a developer for a neighborhood
information meeting.
Should we give some policy discussions at some future date to
discuss physically taking over the ownership? The Board,
taking -- because these are preludes to a Board of County
Commissioner meeting.
I look at the NIMs, I read the data -- or the information, the
comments that come from the people. And I know the Statute 286
specifically talks about actual board meetings, we're here. If we
were to take possession of these NIMs from a governmental
standpoint, would we still have the same capacity to govern people's
conduct in those meetings?
MR. KLATZKOW: Yes.
CHAIRMAN McDANIEL: So maybe we should, on a future
date, have a policy discussion about how we're going to manage these
NIMs. One of my suggestions -- and I've told several of my friends
who are consultants to the development community -- I'll get to
you -- but maybe start -- advertise your NIM as is required by our
ordinance, but advertise two and have a virtual meeting the day
before you have your in-person meeting with rules and regulations
with regard to conduct and comments and how they're going to be
discerned and questions answered and so on and so forth. And when
June 28, 2022
Page 48
you send the notice to the people within the one-mile ring of your use
change, you also send, if you're interested in attending our
neighborhood information meeting the night before virtually, send us
your email, at which point, then, people can attend virtually, and it
certainly may help with how many people actually show up for the
next day.
And that was something that I was thinking about from -- we
ought to have an entire separate policy discussion about how we
govern the neighborhood information meetings. Still keep the onus
of the expense on the developer for that notice. But if we take
ownership, then that may enable us some conduct guidance along the
way.
COMMISSIONER SOLIS: Mr. Chair, I mean, that was, I
think, where we ended up last time was that we had asked staff to
come back with some recommendations so we could have that
discussion.
CHAIRMAN McDANIEL: You're lit up. Did you have any
other comments?
COMMISSIONER SOLIS: Well --
CHAIRMAN McDANIEL: That was it?
COMMISSIONER SOLIS: -- that was it, was really that
that's -- I'm hoping that that's -- I understood that right, that staff was
going to come back with some recommendations, because I think you
hit the nail on the head is, you know, we ought to at least provide, at
the very least, some framework for how these things are supposed to
work, where they're going to be, how they're going to be -- you know,
who's going to provide security. And I think in the last two years
we've shown that the Zoom -- the online virtual meetings work.
CHAIRMAN McDANIEL: They do. They actually do work
really well and can be governed.
Commissioner Taylor.
June 28, 2022
Page 49
COMMISSIONER TAYLOR: I'm totally supportive of
moving NIMs to virtual. I think the time we're in right now might
require it. I'm not saying that in 10 years it will. But I'm
supportive, certainly, of this idea of what we're doing specifically
with this project. I think a virtual is important.
I think the other aspect of it is how we conduct ourselves in
meetings. Clearly, we're at a time, I think, in this country where
people -- people are speaking out, and so they should, but sometimes
they don't speak out the safest way for everybody around.
And so I think given that, we -- and certainly from talking to the
people who participated in that NIM last week, that is one thing that
was very clear; they do not feel safe.
So if there's another way right now at this time that we can
conduct NIMs, however we do it, I think it bodes well for our staff
and for everyone participating. And I would agree, virtual is -- it
has -- you know, someone said to me, have we learned nothing from
the COVID pandemic? Virtual meetings work.
CHAIRMAN McDANIEL: Sure.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: This is all great discussion,
and this is what I was hopeful for, but I do want to bring it back to
10C, which is basically deciding this, and then it sounds like in a
future meeting we'll talk about how to conduct NIMs and all that.
But to me 10C -- and I'm just going to throw it out there. I'm
going to make a motion that we concur with Mr. Yovanovich's
proposal, and we actually direct it, that he have a public information
meeting sooner than later, and that can all be, you know, worked out.
I was educated yesterday that the difference between a NIM and
a public information meeting, there are some differences. NIM has
to be done at a very specific time. Public information meeting he's
got a little bit more latitude, so maybe that's where I look to
June 28, 2022
Page 50
Mr. Klatzkow or the County Manager or both to make sure that we
just don't approve something that is sort of wide open, and then the
developer and the folks directing the NIM sort of take some poetic
license that's a little bit sloppier than what the citizens deserve.
But I think we should vote on this, and then -- you know, we're
having sidebar discussions now that are important to this but are over
and above this particular topic.
So, you know, I make the motion that we direct Mr. Yovanovich
to follow exactly what he offered to us via email yesterday, that they
have a public information meeting. We put a little bit more meat on
the bone that basically says sooner than later, maybe even directs a
date. I mean, I look to the staff to give us their recommendation, but
don't make it so open-ended that it looks like we really didn't pass
anything. So that would be my motion, that we accept that they have
a public information meeting sooner than later to make up for this
NIM that certainly wasn't successful.
COMMISSIONER SAUNDERS: I'll second that.
COMMISSIONER LoCASTRO: I don't know if somebody's
got a more eloquent way to put it.
One thing I do want to say is, you know, this is Commissioner
Saunders' district, and one thing I'm very particular about -- and I sort
of struggled with this a little bit -- all of us represent Collier County
but, you know -- and this one is much bigger because we all have
NIMs coming up and whatnot, but I'm very hesitant to sort of ever
bring anything back that is in another commissioner's district, but I
knew we all sort of were -- you know, had similar -- so I didn't mean
to overstep, you know, anybody's bounds. But I've got a bunch of
NIMs coming up, and so does Commissioner Taylor, so getting our
hands around these NIMs -- but be to more specific, let's rule on this
one.
So I think you've heard my motion, and I don't know if it's been
June 28, 2022
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seconded officially yet.
CHAIRMAN McDANIEL: It has, it has. I've got a couple
more comments.
Commissioner Solis.
COMMISSIONER SOLIS: Just -- I think we can -- if you don't
mind, I'd suggest that we add to the motion that the informational
meeting have to be after 5:30 --
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SOLIS: -- so that people that are working
can attend, that it be recorded, and that staff figure out where on the
county's website the recording can be linked so that anybody that's
not able to make it can watch it, and that the applicant be required to
take live questions from those in attendance, and at least there's some
framework there as to when, how, and where it's going to be put.
CHAIRMAN McDANIEL: As long as they're PG13 and
below.
COMMISSIONER SOLIS: Right, right.
CHAIRMAN McDANIEL: And that's where we have to be a
little bit careful about.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, I made the
second, so I'll amend the second --
CHAIRMAN McDANIEL: To reflect that.
COMMISSIONER SAUNDERS: -- if the motion maker --
COMMISSIONER LoCASTRO: Absolutely.
COMMISSIONER SAUNDERS: And then I just want to make
one quick comment on something Commissioner LoCastro had said.
It's never inappropriate, never a problem to, if you see something
going on in anyone else's district, to bring it forward. I'm glad that
you did. I might say, you know, be a little gentle on us.
COMMISSIONER LoCASTRO: Noted.
June 28, 2022
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COMMISSIONER SAUNDERS: Don't hesitate to -- I mean,
that's why we're here.
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN McDANIEL: I agree with that wholeheartedly,
and I hope our note takers and staff are listening, because we're
developing the policy discussion that we're going to have in the
future with regard to how we manage these NIMs, and public
information. So we do have some public comment.
MR. MILLER: Yes, sir. Your first public comment is from
Nancy Lewis. She'll be followed by Rae Ann Burton.
MS. LEWIS: Good morning, Commissioner McDaniels [sic],
County Commissioners. For the record and for full disclosure, my
name is Nancy Lewis, and I am a candidate for District 2 county
commissioner. I live in North Naples.
I would like to speak in favor of Commissioner LoCastro
requesting the reconsideration of this motion to bring it back to the
Board to reconsider what was done. I don't consider this to be good
business for the county. It's not in the best interest of the
Commission to override that meeting and let the NIM stand. It's a
material disservice to our community. Residents have the right to
due process and to make public comment in person when changes are
proposed to our development laws that are inconsistent with our
Growth Management Plan.
To have a virtual meeting in many ways is useless unless it's
here, and that defeats the purpose of having the NIM. Virtual
meetings, if you are watching it on Zoom, you can't hear questions
being asked, even if somebody's bringing a microphone around.
You cannot see posters of things and what's being proposed. You
can only do that in person.
The fact that the meeting was cut short due to disruptions caused
by some is not a reason to take that right away from all. Might
June 28, 2022
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instead the Board consider directing the County Manager to ask staff
to come back with a procedural policy to make sure that all
participants can participate in a safe way? Isn't that according to the
law? The thing is is if somebody's breaking the law, CCSO should
have been called in. So I just think that you need to bring it back as
a regular NIM.
Thank you.
MR. MILLER: Your next speaker is Rae Ann Burton. She'll
be followed by Daniel Zegarac.
MS. BURTON: Good morning again. My name is Rae Ann
Burton, 2530 31st Avenue Northeast.
Item 10C, the approval of the June 13, 2022, NIM meeting at the
Sports Park should not be considered a valid meeting. It was
canceled because the developer's project will destroy a quiet
neighborhood by adding dense units on a residential street, increasing
traffic congestion, even taking residential property.
The developer's project is being approved over the disapproval
of the impacted residents of the proposed Vanderbilt corridor. The
development should be on a major road, not residential. There were
people that came to the meeting, some left early, others traveled over
40 minutes to get to the Sports Park. Even Google couldn't provide
a true map of directions. I found that hard to find. There was a
group of very upset and angry group of people because this density
was not wanted in their quiet neighborhood. Promise of affordable
housing may or may not be the final approval. This has been a
carrot [sic] at every project, first approval, and pulled at final. Do
not permit this canceled June 13, 2022, NIM meeting to be approved
as qualified. Please hear the voices of your constituents. Do not
qualify it a canceled meeting because of a few very upset impacted
residents. This is not a place for a dense community.
Thank you.
June 28, 2022
Page 54
MR. MILLER: Your final registered speaker on this item is
Daniel Zegarac.
MR. ZEGARAC: Thank you. You got close on the last name.
Zegarac, but most people don't do as well as you do.
Good to speak with you folks this morning. As I think of
NIMs, I think you need to define NIMs. And I think you need to
listen to what -- listen to the text in which NIMs is used. And I've
heard each one of you and Planning Commission folks talk about
NIMs. I've heard of neighborhood groups that talk about NIMs.
And if I asked each one of you right now -- and I'm not here to -- I'm
not -- I have no displeasure with council -- or the commission. I
think things are going pretty good.
But what is NIMs? Neighborhood information meeting. Is it
brought about to discuss a project, a potential project, or is it brought
about to discuss a done project? I think your audience doesn't know.
I think -- I think I've heard it different ways from you folks at times.
There's no rockets outside. There's -- you know, no rocket science
here. We're just talking to one another because we need to
communicate in order to -- in order to get done what we need to get
done.
But I've heard of NIMs as, you know, a meeting to discuss how
the neighborhood -- you know, the neighborhood's concerns with the
project. So that tells -- that might tell some of your audience, your
constituents, if I may, that the project is a done deal. Is it, at that
point? I don't know.
Has staff discussed it with developers, and are they in favor of it
at that point? What's NIMs? I mean -- and there are so many things
in government that need those types of explanations in order, you
know, to communicate with constituents.
Thanks for listening to me.
CHAIRMAN McDANIEL: Thank you, Daniel. You brought
June 28, 2022
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up a really good point, and I concur that -- you know, I spoke
personally with some of the folks that are directly impacted by this
particular project, and when I was talking to them -- one of the
fellows lived right across the street -- and I said, well, how would you
feel if this were two-story as opposed to the three or four that's
proposed? How would you -- what are the -- what are the
percentages of AMI that they're looking to get? And I heard this big
period of silence.
And then I said, are you aware what AMI is, or are you aware of
how much AMI is for Collier County, $95,000, and 80 percent of that
is 70-some-odd-thousand dollars, and what's the percentage -- how
would you feel about the project if the dumpsters were located in a
more appropriate space?
And as Dan was suggesting, it's unfortunate, but a lot of folks
that come to these meetings presume that this is the way that it is
when, in fact, it is the beginning of the discussion with the public
about how they feel and likes and dislikes and so on. So I appreciate
you bringing that comment up, but it's absolutely, in my mind, a
misnomer that people think that it's -- they oftentimes feel that it's
already done, but in my mind it's the beginning of the entire
communication process.
Commissioner Taylor, and then we'll vote.
COMMISSIONER TAYLOR: Yeah. One of the things that
we get in our agenda is we get background always with -- especially
with land use, a lot of background, and always in it are NIMs and
number of people attending, what their comments were. It's all
there. So it's something that travels with this issue from the NIM
end of it before it comes to us. And it is something that we consider
up here before we make a decision.
CHAIRMAN McDANIEL: So with that, it's been moved and
seconded.
June 28, 2022
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And, County Attorney, I just want a point of clarification. Are
we okay with renaming this NIM to a public information meeting
format, or does it matter?
MR. KLATZKOW: It's six of one, half dozen of the other.
CHAIRMAN McDANIEL: Okay. So let's just, then, call it
the NIM for now, if I can. Because I got a little sideways when you
quoted Mr. Yovanovich's actual letter, and I'm -- I don't -- even
though it's six of one, half a dozen of the other, a NIM's a NIM,
neighborhood information meeting.
COMMISSIONER LoCASTRO: I think it was a matter of
timing, but I could be wrong. I mean, I don't know if Ms. Patterson
or whoever can chime in, but somebody whispered in my ear and
said, public information meeting gives the developer a little bit more
latitude on timing where a NIM is very structured and has to be at a
very certain time. And I'm not saying, you know, which one that we
want. But if it's six of one, half dozen of the other, sometimes that
means it's sort of a push. Other times it means there's six, and there's
half a dozen, and there are some subtle differences. So I want to
make sure we know what we're voting on.
MR. BOSI: Mike Bosi, Planning and Zoning director.
The difference between a public information meeting and a
neighborhood information meeting is within a neighborhood
information meeting you have a private development that is -- that is
submitting an application, a zoning application, a conditional-use
application, a land-use application to the government.
After the first round of review, the applicant is allowed to
schedule his neighborhood information meeting, and that's to let the
people within the neighborhoods understand, here's the context of the
project. Here's where we're at within the development timeline.
Here's some of the things that we're proposing, get feedback, get
some of the concerns, modify their -- modify their project based upon
June 28, 2022
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some of those concerns, that's the ideal, and then by the time it gets to
the Planning Commission, you know, there is a little bit more of an
agreement.
A public information meeting is, like, your -- last night was a
public information meeting. It's the Wilson Boulevard extension.
That's a public project. So you give information regarding that
public project to the surrounding community. So a neighborhood
information meeting is really when you have a specific land-use
application. And after that first round of reviews, that's where we
say that the developer can go and speak to the community.
When you have a project information meeting, that's a
county-sponsored project, and we give the public opportunity to
comment, in similar ways of the NIM, to give us influence towards
things they like or don't like, some of the concerns they expressed,
and then we modify and take appropriate actions in that way. So
those are the two distinctions.
And just to let you know, that staff has come up with a number
of different ideas for possible modifications to the neighborhood
information meeting process. We will organize that within an
executive summary and, through the County Manager's Office,
coordinate the appropriate timing to discuss with the Board of County
Commissioners.
But what we did have -- and this was a call from an applicant
who has a storage facility near the East Trail, and they know that
there's -- there could be some opposition to that because of some of
the community's perspective related to storage facilities.
So what he had suggested to me, and I agreed with it, and I think
it was an idea that he coordinated with the Chair on, to hold a
neighborhood information meeting and have a virtual one and then
the very next day to have one in public. It puts a little bit of burden
on his team, it puts a little burden on our team, but we find that the
June 28, 2022
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ability to get the information out there, allow the public to understand
what's being proposed, and then if there's something that people show
up and physically don't allow conversation, don't allow speech, don't
allow that discussion, at least you could fall back and say you've
got -- you have a recording of a neighborhood information meeting
that gives the specifics.
So that combo is one of the ideas that maybe that we
will -- when we come back and talk to the Board of County
Commissioners about suggestions about how we can improve the
neighborhood information meeting process, that might be -- that's
going to be one of the suggestions that we'll bring forward for the
Board to ultimately consider. But those are the differences between
a NIM and a PIM.
CHAIRMAN McDANIEL: Good. Thank you. Well, then
that bodes -- Commissioner Solis.
COMMISSIONER SOLIS: Yeah, but there -- I think the
difference, though -- this is really five one, half a dozen of the other
because --
CHAIRMAN McDANIEL: Five one.
COMMISSIONER SOLIS: -- and we have to be careful with
this because there's a requirement -- and this is a question for
Mr. Bosi. As I recall, there's a requirement that a NIM occur a
certain time before the Planning Commission.
So, again, I think we need to be careful, because if we call it -- if
we say that they have to have their NIM over again, I don't know
what effect that's going to have on when they're scheduled to go to
the Planning Commission, and that's the part that I think we would be
setting a bad precedent. So if we -- if we find as we did before that
the NIM occurred so as not to game the timeline and the process but
require that they provide the information the way it is, then I think
we've accomplished everything that we're trying to accomplish. But
June 28, 2022
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I don't think it's necessarily the same thing, because it could -- it
could put off the timeline.
CHAIRMAN McDANIEL: It definitely is not the same thing,
which is the concern that I have, but I also understood that the NIM
had requisites of timing and notice that had to be done in advance of
the Planning Commission as well.
MR. KLATZKOW: My understanding is you're going to go
with the procedure that Mr. Yovanovich offered.
CHAIRMAN McDANIEL: Yes.
MR. KLATZKOW: That is not a NIM. So if you want to call
it a NIM, you can call it a NIM. If you want to call it a public
information, call it a public information. That's the process that this
Board's determined we're going to go through, and it's fine.
CHAIRMAN McDANIEL: Procedurally, leaving the previous
NIM count as the NIM and requiring a public information meeting, as
has been suggested by Commissioner LoCastro and amended by
Commissioner Solis and seconded by Commissioner Saunders, will
accomplish everything that we want to do?
COMMISSIONER LoCASTRO: Yep.
CHAIRMAN McDANIEL: So with that, it's been moved and
seconded that we do everything that we want to do with regard to this
item. Of course, I'm joking.
So it's been moved and seconded that we have the public
information meeting as was suggested with those amendments.
COMMISSIONER SOLIS: And I do want to make sure that I
haven't somehow crossed up what Commissioner Saunders was
trying to accomplish.
COMMISSIONER SAUNDERS: No, not at all.
COMMISSIONER SOLIS: Okay.
COMMISSIONER SAUNDERS: I think this accomplishes
everything. There will be plenty of public information out there,
June 28, 2022
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plenty of opportunity for the public to interact. We'll have that as a
record, and I think that accomplishes everything.
CHAIRMAN McDANIEL: And it is, again, the beginning of
the process. We still have the Planning Commission and then a
transmittal hearing and then another Planning Commission meeting
and an adoption hearing before we go there, so...
MR. BOSI: Chair, this will be a small-scale amendment; only
one round of hearings.
CHAIRMAN McDANIEL: Oh, thank you for the correction.
It's been moved and seconded that we -- I'm not going to reiterate
what we just did. It's been moved and seconded that we have that
public information meeting with regard to this -- with regard to this
project. 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.
We are now going to take a court reporter's break and be back at
10:49.
(A brief recess was had from 10:39 a.m. to 10:49 a.m.)
MS. PATTERSON: Commissioners, you have a live mic.
CHAIRMAN McDANIEL: There we go. And my computer's
timing out on me, so carry me to our next agenda item.
MS. PATTERSON: Sure.
Item #10F
June 28, 2022
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THE BOARD FOREGO THE TRADITIONAL SUMMER BREAK
AND CONTINUE TO MEET TWICE PER MONTH IN AN
EFFORT TO ADDRESS A BACKLOG OF LAND USE AND
FISCAL ISSUES, AND TO BETTER ACCOMMODATE THE
NEEDS OF THE COMMUNITY - MOTION BY COMMISSIONER
MCDANIEL TO APPROVE AS PUBLISHED – MOTION FAILS
FOR LACK OF A SECOND
MS. PATTERSON: Commissioner, we have a time-certain at
11:00, giving us eight minutes. The next item up is Item 10F. It is
the recommendation that the Board forego the traditional summer
break and continue to meet twice per month in an effort to address a
backlog of land-use and fiscal issues and to better accommodate the
needs of the community. This is sponsored by Commissioner
McDaniel.
CHAIRMAN McDANIEL: And there you go. I was hoping
we'd have a quick agenda item. Maybe this will be a quick agenda
item.
I am of the opinion that we are conducting the people's business
on a regular basis, and having more County Commission meetings
allows for our public to reach us on a more regular basis.
I have discussions with our newly to-be-hired County Manager
that have to do with budget issues and individual departments along
the way. We have -- you know, Commissioner Solis, you brought
up the AUIR process, and that feeds into our CIE process, a five-year
CIE process. We have a, relatively speaking, antiquated vision
statement and mission statement we haven't touched for -- I think we
did that in '17 the last time, shortly after we got elected.
So the discussion here is should we give consideration to
extending the Board's schedule and working throughout the year.
Also, because we have become accustomed to allow for virtual
June 28, 2022
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attendance by board meetings, certainly we need to have a quorum
and meet the rules with regard to a quorum in the room and the like.
But I like the idea of extending the Board's schedule and having more
public discourse as to what's going on.
I want to say out loud before we move forward, I left the
decision or the discussion of contentious land-use items in this
executive summary but just, in fact, to bring it up, that with this
digital age, people are still afforded the opportunity to communicate.
Even though they necessarily can't be in the room wearing their red
shirts, they can communicate.
But I certainly would be happy with, during this pilot program,
if we set aside contentious land-use items during these newly
scheduled Board meetings just to see if there is efficacy in what we're
doing and that we're not doing something underhanded to try to pass
a contentious land-use item when a portion of our population isn't
here. So that's my thought.
Commissioner Solis.
COMMISSIONER SOLIS: My position hasn't changed. I
think, you know, all of us on the dais here work around the clock.
Just because we're not in a Board meeting doesn't mean we're not
working and meeting with constituents and that the constituents can't
reach out to us.
You know, this is, I think, the second -- at least the second
meeting, maybe the third meeting where we actually haven't even had
a public hearing. I mean, if we were having three or four public
hearings every meeting and there was this backlog that we just
couldn't get through, I'd be more concerned about it.
But this is consistent with -- for all the reasons we've talked
about every year, I don't see any real need to change this. I do think
we should go back to the practice of having a workshop to just have a
discussion about the AUIR and go through that in detail, because I
June 28, 2022
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think it's important. But that's one item that I don't think we need to
change a system that's worked pretty well. And also, you know,
how to differentiate we're not going to have these kind of hearings in
the summer, but we can have everything else in the summer. Then
we're picking and choosing, and that's just a road to ruin, I think, and
a lot of unhappiness, because what I hear all the time is you shouldn't
be having important meetings during the summer. And if we're
going to start doing that, you know, I won't be taking those, but I
think everybody else will.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: A couple quick comments.
I'm going to ask the County Manager for some information as well,
then I want to get back to a couple other comments.
But one of the things that jumped out at me initially was the idea
of having contentious land-use issues in the summertime. I know
that's in the executive summary, and I heard your explanation that
maybe we don't do those, or maybe we do those in some other way.
We have never, in all the years I've been in Collier County, had
land-use decisions being made in the summertime when people who
are affected by it cannot be here, and being here by virtual attendance
is not the same thing as being in the room. So I will always object to
the idea of having a contentious land-use issue heard in July, August,
or September. It's just the wrong thing to do, and I'm hoping that
that's not something that you had intended, even though it's in the
executive summary. But that goes for other contentious items as
well. We haven't had a situation, in my view, where anything -- any
business of this county has been left undone because we don't have a
meeting in August.
Now, I'm going to turn to the County Manager, because my
view is, we don't have meetings in August for two reasons: One, a
lot of the public's not here, but more importantly and most
June 28, 2022
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importantly, is it gives staff an opportunity to have four or five or six
weeks to work on special projects that are very important to all of us.
And they just don't have time when they have to prepare a 2,000-page
or 2,500-page agenda every two weeks all year long. This gives
them a break.
Now, I will tell you there will be some criticism potentially that
we're taking a 60-day vacation. That's just not the case. We're
giving our staff an opportunity to do the hard work that needs to be
done as we get close to the end of the fiscal year.
So I'm going to turn to Amy Patterson, and I'm going to ask her
what types of activities are engaged upon by our staff when we don't
have those meetings in August.
MS. PATTERSON: Thank you, Commissioners.
So first of all, we do -- I guess one thing we haven't talked about
today is we do have the opportunity afforded to us to have the
absentia meetings which allows us to continue forward those
administrative functions and things that need to be approved
throughout the summer then to be ratified by the Board when you
come back from summer break. So it does allow us to keep the
financials moving and thing likes that.
In addition, we do take on special projects in the summer period.
That would be things like preparing the scopes and RFPs needed to
roll out in the next -- to be ready to roll in the next fiscal year. Very
important looking at those scoping activities so that we don't wait
until 10/1 and then say, okay, let's think about now what we want to
do in some of those routine and nonroutine items.
Secondly, as far as special projects, Commissioner McDaniel
did bring up strategic planning. While that's not something that's
occurred over the last several years, obviously, it is an important
topic this year to look at our strategic plan and look at some of those
things that are critically outdated.
June 28, 2022
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Another important topic is an update of our CMA, so the
policies and procedures that run the County Manager's organization.
They are, unfortunately, some outdated and some are just not a
reflection of the things that have occurred over the last few years and
are in need of a good update.
And, lastly, we had planned to reconstitute and re-implement
some of our corporate business functions where we do have some
projects being worked on by the various department heads. That
may be things like our recruitment intervention strategies, how we're
going to approach resilience. These are things that are longer term
efforts and do require a time for the staff to really be able to
concentrate without the stopping and starting of having to produce
the agenda and then attend the Board meetings, which does,
essentially, put us on an every-week rotation, produce an agenda,
have a Board meeting, produce an agenda, have a Board meeting.
So that would give them a longer duration to be able to work on some
of those projects to bring back in the fall.
COMMISSIONER SAUNDERS: All right.
And, Mr. Chairman, a couple other points. I'm going to be here
this summer. I can attend a meeting; that's not a problem. I can
attend a meeting virtually; that's not a problem. We have our staff
sitting back there. They are not going to be able to attend these
meetings virtually, because they're going to have to know when we're
going to ask a question and what those questions are. They're going
to have to be sitting here.
But the reason I mention that is, this also gives our staff an
opportunity to take some vacations. All year long we're having a
meeting every two weeks. If someone wants to take a family
vacation before school starts, this would make it very, very difficult.
Mr. Chairman, if you want to have a special meeting anytime in
August, call the meeting if we're getting behind on anything. If you
June 28, 2022
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think there's a land-use issue we need to hear, call a special meeting
if you want to, or some contentious issue. That would be a mistake,
and I hope you wouldn't do that. But if there's important business
that needs to be conducted by this commission in August, we are all
on call; we could all be here for a meeting to address that.
I will also make one last comment. Last year we had the same
conversation, and the issue was we're getting way behind. We're
way behind schedule on all kinds of things. We had our meeting,
our first meeting in September. We had the zoning -- the budget
hearing the first week in September. The next week we had our
business meeting. It was one of the shortest meetings of the year,
and that was true of the next couple of meetings. There was no
backlog of business.
And so we're creating a situation where we want to have -- we
want to have more meetings. I understand that we want to have
more interaction with the public, but we're penalizing our staff, and
we're making it more difficult for them to get the job done.
So I'm opposed to it for those reasons. Not because I want a
60-plus-day vacation. That's not the issue at all. I'll be here. If
you want to have a meeting, call it, I'll be here. But I think we're
punishing the wrong people here.
CHAIRMAN McDANIEL: Gotcha.
Commissioner Taylor.
COMMISSIONER TAYLOR: County Manager, I needed
to -- just for point of clarification, what I heard -- what you do, you
know, I'm thinking the teachers who ask their children to come back
and talk about what they do on their summer vacation. So what you
do on your supposed summer vacation is that you go out for -- and
you said it as an acronym. I'd like this very clear for the public.
Request for proposals for business that we need to conduct over the
year. So it becomes a planning -- it really becomes a planning and a
June 28, 2022
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research time for staff to line up what we do in the season, which is
incredibly busy and is very demanding, and it's not a problem. It's
just how we live here. We are still seasonal. Am I -- did I leave
something out?
MS. PATTERSON: No, ma'am. As our budget year starts on
October 1st, it's imperative that we be able to continue our business
on October 1st. So we don't wait until October 1st to get all of those
things ready to buy the things we need to buy or to procure the
services we need to procure.
Some of those may hit the ground on October 1st and commence
out from there, but all of that planning work, to your point, is what
goes on to prepare in that time period, as well as longer term projects.
COMMISSIONER TAYLOR: And then for our County
Attorney, just so that we make the public very clear and
understanding, what is -- what is meeting in absentia?
MR. KLATZKOW: It's a tool that we use so that the county
could process minor contracts. It would be normally the stuff you'd
find in your consent agenda, and we process it so the county's
business -- day-to-day business can continue. It's brought back to
you on your first meeting for approval. I've never seen an item
pulled from the absentia. So absentia, being absent. So you guys
are absent, so the County Manager will be putting together usually
one or two of these meetings in absentia so that we can get the minor
stuff just pushed through, the stuff you almost always find on
consent.
COMMISSIONER TAYLOR: So just to be very clear because,
again, we're talking legalese here, this is a mechanism that is a legal
mechanism by which we can keep our business moving in the county
on noncontroversial usually consent items.
MR. KLATZKOW: George may need filters for his plant, all
right, so Amy would process, you know, a contract for George to get
June 28, 2022
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the filters. It would be something that -- it's the everyday business of
the county.
COMMISSIONER TAYLOR: And that is brought back to us
for our approval once we come back?
MR. KLATZKOW: Yes.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: In absentia. Thank you for that
clarification.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I mean, some good points
were made here, and I don't disagree with -- you know, I don't think
this one is six of one, half dozen of the other, by the way. Maybe
five of one, is it?
But here's a couple things I want to say. A big critique of
people who say we shouldn't meet in the summer is, oh, we're going
to push through, you know, these 50-story condos while everybody's
up in Wisconsin and Michigan, and that's just not true.
Look at today's change sheet. One of the -- one of the options a
commissioner has at their discretion is to continue any item. So if
somebody was completely irresponsible -- let's say we did meet over
the summer, and in August somebody was trying to push through,
you know, something, you've got four other smart people up here that
go whoa, whoa, whoa. And I'm saying, hypothetically, if we met in
the summer.
So one of the big critiques is, oh, you know, we're all going to
come back in September, and everything was going to have been
approved, and that's just not true.
If you look at today's agenda, we're not voting on any 50-story
condominiums. What we're doing today is mostly just the business
of the county, and I just think over the summer, when we vote on
contracts and things -- and I can appreciate what Mrs. Patterson is
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saying. Those things don't die on the vine if we don't meet.
But also, on the flip side, then maybe we should never meet.
You know, we should only meet if there's a big vote on a
condominium, and everything else could be approved without us, and
that's not the case either. We have a role.
So I'm -- and I also don't think anything needs to be passed or
not passed for any of us to work through the summer. So I'm not
going to sit here and say anybody that votes on kill the summer is
because we all want to disappear on vacations.
One thing I will say is I do appreciate what, you know,
Commissioner Saunders is saying about the staff playing catch-up. I
guess I look at it from a different standpoint. Over the summer I'd
like -- one of the reasons why I support continuing to meet -- and
even if the meetings are short. Maybe they're not -- they're not
2,000-page agendas over the summer, because we're probably pulling
some pretty major things off, so I don't think it cuts into the staff's
preparation.
But I guess I look at on the other side, rather than playing
catch-up, I think summer meetings could help us accelerate some
things. And if I'm wrong, then I guess it's arguable, but, you know,
that's how I feel.
You know, saying it also gives our county employees a chance
to, you know, take a break, before their kids go to school and
everything, I hope the public's listening. That's why you want to
apply for a county job, because if you work at Publix or Wynn's
hardware store or NCH or Arthrex, you don't get a vacation over the
summer. You're working all year-round, just like the rest of the
universe.
And so I don't look at that as a big factor in my decision process,
that it lets everybody take a breather, because I think the average
citizen who works for some place other than the county doesn't get
June 28, 2022
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that breather. I can tell you in the military, in the Department of
Defense, we didn't close down over the summer so everybody could
take vacations with their kids.
And I'm not saying that this is a military organization, but it is a
government organization. And I just think over the summer there is
business we can do without getting out ahead of our headlights to
allow things to continue.
And the last small point I'll make is, I actually think at times it's
a little disrespectful to the full-time residents when we say, well, over
the summer when the part-timers aren't here, we really should not
vote on anything. You know what? I've got people that live in Lely
Resort that are here all year round, and they'll be at the podium -- I
guarantee you Ms. Burton will be at this podium all year round if we
have meetings. And I think we have to take that into consideration a
little bit as well.
So I'm not here to champion the vote or whatnot, but I really
haven't changed my stance from last year. I actually think we can do
a lot of business without overburdening the staff, and also we
can -- the same way we can call a meeting at any time, we could
cancel one if there's not a lot of things on the agenda or whatnot.
But the ability to still have them scheduled and available for the daily
business and then, like I said, if any commissioner thinks there's
something on the agenda that doesn't represent the public in the best
way, you know, over the summer, we always have the opportunity to
continue and pull it, move it, you know, nobody can force feed
something through under the table, you know. That's not the way we
operate up here.
CHAIRMAN McDANIEL: Got it.
Well -- and I have to say, there again, I can count the noses and
see that moving this forward really isn't going to do all that much.
I would like to say two things. This is something that I
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campaigned on when I ran to serve as County Commissioner. I do
believe that there are pushing 400,000 residents that, in fact, live here
year-round and deserve to be able to conduct the business of the
community. My argument early on was that we're no longer a
sleepy little fishing community of less than 100,000 people. We're
pushing 400,000 people that live here year-round.
I have a thought, if you'd like to hear it, and because of
the -- because of the timing -- this isn't new to me. This is obviously
something I've contemplated for a long time, and if you -- if there is a
circumstance that this motion coming this late in this year's schedule
is a conflict with our staff and employees and planning and so on and
so forth, why don't we make a decision to redo the Board's schedule
effective January of next year and do it as a pilot program so that
everybody has plenty of notice and the community has absolute
awareness of what it is, in fact, that we're doing and we're not
inconveniencing any of our current staff who have vacations and so
on and so forth? That's just --
COMMISSIONER TAYLOR: Redoing the schedule to what?
CHAIRMAN McDANIEL: Proposition of this -- continuing
the Board schedule and working year-round.
COMMISSIONER TAYLOR: Why would January make any
difference?
CHAIRMAN McDANIEL: Well, it wouldn't take effect until
January of '23, and then anybody who has vacations scheduled or
things that are in conflict with the 60 days off that the Board takes,
and then the schedule in the wintertime --
COMMISSIONER SAUNDERS: It's not -- it's not 60 days.
You're getting really good at math. It's not 60 days, first of all. We
have a meeting the first week of September. So, I mean, if we're
going to talk about numbers, let's at least talk about the accurate
numbers.
June 28, 2022
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CHAIRMAN McDANIEL: All right, a month and a half,
plus/minus. And, again, I'm not splitting hairs here, Commissioner.
What I'm talking about is compromise to let our staff know that we
are going to conduct business for the residents that are here
year-round and have a discussion about that now if one of the
concerns is timing with regard to this.
COMMISSIONER TAYLOR: But I think the -- but the issue
that at least I brought forward, and I think two of my colleagues
brought forward, and certainly our County Manager brought forward,
that time is necessary to keep -- to do the business of this community,
that time away from meetings. And I think that is the issue, not
them going on vacation. That's not even a discussion. It's about
allowing staff the time to plan.
CHAIRMAN McDANIEL: I understand. I got your point.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: We have public comment on this?
MR. MILLER: Yes.
CHAIRMAN McDANIEL: Okay.
MR. MILLER: We have two registered speakers,
Mr. Chairman. Your first speaker is Nancy Lewis, and she'll be
followed by Rae Ann Burton.
MS. LEWIS: Again, good morning, Commissioner McDaniels,
other commissioners. Again, for the record, Nancy Lewis, District 2
candidate.
I am listening to all of this, and I know in terms of what's been
done before, and I'm simply asking, why now? The governance and
the business oversight of Collier County has been conducted in a
predictable and orderly manner during the summer for many years.
There's been no evidence offered that would justify or warrant a
departure from these historical routines and normal regularities.
Most people travel during the summer, and many have already
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departed from the county. So to change our method now as we
approach July 1st would actually be, again, a material disservice to
the community.
Assumedly, many residents expect an opportunity to make
public comment on a development project or any matter affecting
their quality of life. Worst-case scenario, they might feel wronged
or file a claim in accordance with long-held processes, including
timely notification and actions being taken to redress a situation.
This schedule has been published for the year, and showing in
absentia during the latter part of July and all of August. It's difficult
to understand the timing of this attempt to pack the agenda when
there's no case to depart from the generally accepted processes.
I urge the commissioners to reject the proposal. The people of
Collier County need to have complete confidence that their voice will
be heard in person as the county meets the many challenges of
managing our growth and business affairs.
And, lastly, I'd like to remind you, it was already said before,
that this issue comes up every year, and the county has never fallen
apart by taking a break. Thank you.
MR. MILLER: Your final registered speaker on this item is
Rae Ann Burton.
MS. BURTON: My name is Rae Ann Burton, Golden Gate
Estates.
You guys did it again. You changed my speech.
Item 10F, BCC should honor the spring break. It is when
Collier County residents take residence [sic]. If it's not canceled, it
is feared that they will push through major projects of dense
developments or destructive to the environment of the wildlife
habitat, which there are already many issues there.
So we are the taxpayers and the residents that live in the area
and, therefore, we should have a say what's built in our backyards.
June 28, 2022
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After all, it's the taxpayers paying most of the infrastructure that these
dense developments require.
The BCC and the staff are not the only ones spending around the
clock researching and reading agendas. I got to bed at 1:30 this
morning and up at 6:00. So, please, do not cancel the spring break.
We all need the summer off. I need the summer off. Thank you.
CHAIRMAN McDANIEL: Well, I don't know -- do you want
me to -- you know what, I'll go ahead and make a motion for
approval of the item as published just to allow it to formally fail.
COMMISSIONER LoCASTRO: I just want to pull it up.
How is it -- what's the verbal --
CHAIRMAN McDANIEL: Do what?
COMMISSIONER LoCASTRO: What's the detail in the --
CHAIRMAN McDANIEL: The Board forego the traditional
summer break and continue to meet twice per month to address the
backlog of land-use and fiscal issues. So it's been moved that that be
accommodated.
Commissioner Saunders, do you have a comment?
COMMISSIONER SAUNDERS: No, I have a question,
Mr. Chairman.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: The motion is to have the
meetings to accommodate elimination of the backload. I think that
was your word. What backload? Give me some evidence.
CHAIRMAN McDANIEL: I listed them, sir. We have budget
issues and subject matters of budget departmentally that need to be
publicly vetted. We have mental health issues of -- circumstantial
with opioid overdoses and things that this board can take action on.
We have housing issues that we regularly talk about on a regular
basis. We have an AUIR that is direly delinquent, and it's touching.
We have a vision statement and mission statement that hasn't been
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touched for five years. We have a brand new County Manager
who -- assuming we do, in fact, hire her maybe could use additional
direction by policy of this board. Those are my rationale. I
understand that you don't really concur with this thought process, but
that's my rationale for it.
COMMISSIONER SAUNDERS: I'm just trying to understand
the rationale for the motion, because I understand we have all of
these problems. We have mental health problems. If you think we
can solve the mental health problems on the second Tuesday in
August, I'm all for it. If you think we can solve the affordable
housing problems the fourth Tuesday in August, I'm all for it. I don't
think we solve those problems by having a couple extra meetings, but
that's just my opinion.
CHAIRMAN McDANIEL: You're entitled to that.
COMMISSIONER SAUNDERS: I understand that I am, and
you're entitled to yours.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: County Manager, for the record,
is there a backlog?
MS. PATTERSON: I'm sorry. Specific to land-use or --
COMMISSIONER TAYLOR: Yes, everything that --
CHAIRMAN McDANIEL: You know, let's just end this
debate. The motion fails due to a lack of a second. We don't need
to go forward with regard to this. And let's conduct the business of
this community and take care of the 11 o'clock time-certain.
COMMISSIONER LoCASTRO: But is the -- we didn't take a
motion. So the motion --
CHAIRMAN McDANIEL: I did make a motion.
COMMISSIONER LoCASTRO: -- to forego summer vacation,
right? You made a motion to forego. Because I thought the motion
was the opposite. I heard a motion which was we shouldn't have
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this, so maybe I misheard it. But is the motion what's written in F?
CHAIRMAN McDANIEL: I made a motion for what is written
in F.
COMMISSIONER LoCASTRO: Then I must have missed it,
because I would have seconded it. So I don't know if it's too late to
do that. I heard discussion.
CHAIRMAN McDANIEL: It's too late. I already called its
failure.
COMMISSIONER LoCASTRO: Okay.
Item #10D
ANNUAL REPORT FROM THE COLLIER COUNTY
PRODUCTIVITY COMMITTEE AND PROVIDE DIRECTION
FOR THE UPCOMING YEAR - MOTION BY COMMISSIONER
SAUNDERS SECOND BY COMMISSIONER MCDANIEL TO
ACCEPT THE REPORT AND HAVE COUNTY MANAGER
REPORT BACK IN SEPTEMBER FOR FURTHER DIRECTION
BY THE COMMITTEE – APPROVED
CHAIRMAN McDANIEL: So time-certain 11 o'clock. Our
esteemed productivity members and chair are about to come forth.
COMMISSIONER SAUNDERS: And, Mr. Chairman, as
they're coming forward, I want to personally thank all of the
members of the Productivity Committee. I've attended most of their
meetings. They are working hard. They are very diligent. They're
studying the issues. There's no politics associated with any of this.
Their whole goal, as well as their mission, is to help us make better
decisions on how we run certain departments and do certain things.
So I just want to, as you're getting ready to speak, thank all of the
committee members for that.
June 28, 2022
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MR. MAGEL: Well, thank you for that. Let me -- if I could
just recognize the committee members that are here. Mike Lister is
our vice chair, Jeff Curlew is here, and I think Mike Dalby is in the
back. So thank you all for attending. I think we've got a couple
people on the video as well.
You've got a report.
THE COURT REPORTER: What's your name, sir?
MR. MAGEL: Larry Magel, M-a-g-e-l.
You've got a report. Your ordinance requires that we produce a
report on an annual basis, which we've done. I can go through and
summarize it for you, or I could answer your specific questions,
whatever would make the most sense.
CHAIRMAN McDANIEL: I don't need you to go through it,
personally. I just -- I did have a question. My question had more to
do with our one-on-one yesterday, and the meeting with our senior
staff was just to a discussion -- and, now, Commissioner Saunders,
you and I worked together to get the Productivity Committee
re-established and readjusting the bounds of what they can and can't
do. If you want to hear a brief report, I'd be happy to --
COMMISSIONER SAUNDERS: Well, I think for the purpose
of -- I'd like for staff to hear this, and I think the public should hear it,
because there are a lot of good recommendations, and at some point
I'd like to make a motion to adopt their recommendations or have
staff take a look at those, especially as they relate to the Park and
Recreation Department. So I would like to go through these.
CHAIRMAN McDANIEL: Yeah.
MR. MAGEL: All right. Let me do that, then.
But let me start with procurement first. That was one of the
first areas that we looked at.
You're aware that you have something called P cards which are
used by staff for incidental purchases on a day-in, day-out basis.
June 28, 2022
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We're told that the audit of those cards is very robust with both
procurement and the county clerk auditing those. I think we would
like to see an annual reminder to staff on the proper use of those
cards to make sure that they're not being inappropriately used.
We, secondly, took a look at something called DocuSign, which
is a system allowing for the approval of documents without the
physical papers being forwarded from one location to another. And
we think that the county ought to look at the implementation of a
DocuSign system. We think that's going to have some benefit in
terms of a more efficient workflow.
The one area that concerned us was the use of external
consultants. I don't know whether you're aware of it, but you spend
approximately $5 million a year on construction, engineering, and
inspection professional consulting. At a certain point, it makes sense
to try to bring some of that function into the county. We know there
are going to be issues with recruiting staff, et cetera, et cetera. But
$5 million a year is a lot of money, and we think that more attention
should be paid to bringing that in-house.
We also asked a question as to whether you've ever made a
recovery from any of these consultants based on their errors and
omissions, and the answer is no. So the question then becomes,
what are they providing to you and whether county staff can take
over some of those functions and do it on a more cost-effective basis.
That also leads us into this whole question of in-house versus
out-house. There's a lot of things that we think should be looked at
in terms of maybe bringing some of those functions in-house.
Landscape -- landscape maintenance would be one of them, but that's
something that we'd just like to throw on the table and see whether
you want to direct us to start taking a look at that.
We looked at motor pool. Not much could be said there.
They've got a very difficult situation with the availability of parts and
June 28, 2022
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the retention of staff. One idea that we thought might make some
sense was to see whether it would make any sense for the technical
staff that -- the technicians to be able to use county vehicles to
commute to and from work as a way of retaining those individuals
and lessening the burden, the financial burden that they have
commuting to work, especially now in light of the increased gasoline
costs.
The commissioner talked about Parks and Rec, and this is where
we spent a considerable amount of time. We're still looking at it, but
let's start with what the first issue was. Several of you have talked to
us about the overall status of the parks and the situation that they're
in. We would like to propose a baseline audit to be done with every
park in the system with an in-house team that can be composed of
somebody from Parks, somebody from Facilities Management, and
somebody from Risk Management to visit every park physically and
come up with a list of items that need to be addressed. And this is
not just the buildings, but we have in mind things like let's talk about
the parking lots, let's talk about the sidewalks, let's talk about the
irrigation, let's talk about the landscaping, let's talk about the lighting,
let's talk about the playground equipment, and come up with a
complete list of things that really need to be addressed.
We think that once we have that list, we know you're going to
run into a monetary issue being able to fund what's necessary to bring
the parks up to a better level, but this is a crown jewel of ours, and we
think that you ought to spend significant funds to get those parks up
to a level where we're all proud of it.
In that regard, we've been told that you get approximately ten
311 calls a month concerning parks, and we think that people ought
to be encouraged to use that system to report things. So we'd like to
see additional signage in the parks. That signage may be something
like, this is your parks, help us keep it great. Call 311 with issues of
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concern, and please scan the QR code that you can report issues that
you think ought to be addressed by the citizens of Collier County.
We became concerned about the level of janitorial services
inside the park system. Although that program is coordinated by
Facilities Management, the parks people tell us that they're not happy
with the level of service they're getting from that contract. They
would like us to consider -- like you to consider whether the contract
should be taken over by Parks so that they are wholly responsible for
the janitorial services within the parks system. And in that regard,
that raises the question, then, as to what is the relationship between
Parks and Facilities Management? Are there other issues that is
completed today by Facilities that could be done by Parks quicker
and maybe more efficiently, and some of those items might be things
like power washing and touchup painting and things like that.
So we'd like to look at the relationship between Facilities
Management and Parks and decide whether certain items ought to be
moved over to the operational department versus the Facilities
Management group.
And, lastly, knowing that there is such a concern about funding,
one of our members who was quite active in raising funds for the
American Cancer Society -- and I think she's given you a document
today -- suggested that we come up with something called Friends of
the Park, which is, I guess, similar to something you have now called
Friends of the Library, and to see if we can get the citizens involved
in taking responsibility for the parks and fund raising on behalf of the
parks. We know that that is being done successfully in other areas.
The county clerk has raised some concerns about how that should
be -- how that should be organized, and I think we've come to an area
of agreement there.
We'd like to see that taken over by the Parks and Rec Committee
and see if they can take responsibility for getting that program going.
June 28, 2022
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So, quickly, that's what we've done over the last year, and I'll be
happy to answer what other questions you might have.
CHAIRMAN McDANIEL: I don't have any questions. I
just -- I want to, as well as Commissioner Saunders, express my
gratitude. I've attended several of the committee meetings and hear
from you all not all -- not all, but a lot of you on a regular basis as
about -- as to what's going on. And I read the report, and it's quite
inclusive. And I just want to express my gratitude, because you
folks are taking your time in order to assist us in the overall
operations.
Commissioner Saunders and I talked about this Productivity
Committee back in '15, '16 when we were actually running for
election and wanted to see it coming back.
So from me to you all, thank you.
MR. MAGEL: Well, let me also note that the first Thursday of
every month in the fifth floor training room is our meetings. You all
are encouraged to attend as well as any citizens that would like to
attend. We'd love to have -- like to have your participation.
CHAIRMAN McDANIEL: They are public meetings.
MR. MAGEL: But we're going to continue to work on parks.
We're going to continue to work on the relationship with Facilities.
And then beyond that, please give us some direction as to where you
would like to see us go next.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: A couple quick things. I
think I'd like to have the Manager digest this report and try to come
back -- we're obviously into our budget process now, and perhaps
there's some budgeting issues and things that can be implemented and
considered. I think there's a lot there, and maybe all of this is
something we should consider. I think the Manager needs to decide
that.
June 28, 2022
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And then in terms of the Friends of the Parks, the way you were
positioning this is you'd have a particular park, let's say the Vineyards
Park, for example. There would be Friends of the Vineyards Park?
Is it just Friends of the Park in general?
MR. MAGEL: No, I think the county clerk is here? No.
Okay.
I think we were talking about Friends of the Park and make it
broad in terms of all of the parks, because you don't want one park,
you know, to have a significant fundraising event versus other parks
that have none.
COMMISSIONER SAUNDERS: I just wanted to have one --
MR. MAGEL: Thank you, Crystal.
COMMISSIONER SAUNDERS: -- thing completely clear.
And I think anything that's done with raising funds has to be run
through the Clerk's Office to make sure that we're --
MR. MAGEL: Yes.
COMMISSIONER SAUNDERS: -- that she's able to do the
appropriate auditing and that sort of thing. So that's not going to be
an issue. It will have to be subject to your review.
MS. KINZEL: Thank you, Commissioner, and thank you,
Larry, for bringing that up.
I attended most of the meetings, and we're working very well
with Parks. I did provide cautionary tales about collecting money on
the side and doing things that don't process through our books, so I
think we can work those details out and make whatever arrangements
we need to make to get some more funds for the parks.
But, yes, I did provide those -- cautionary information regarding
some prior friends groups, and we just want to make sure that it is a
controlled function so that we know where the money goes, what it's
spent for, and accountability to everything that we do, okay?
COMMISSIONER SAUNDERS: I don't know if there's any
June 28, 2022
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more presentation. I was going to make a brief motion if
there's -- but I don't want to do it before the presentation --
MR. MAGEL: If you have no more questions, I just wanted to
give you a brief overview of where we were and what we did. And
if you have any other areas you would like us to take a look at, please
let us know. We're here, and we're ready to work.
CHAIRMAN McDANIEL: Thank you, sir.
COMMISSIONER SAUNDERS: The motion would simply be
for the staff to accept the report, to work with the Productivity
Committee, in particular the chairman, to see what elements of this
make sense and can be adopted, both the parks -- there were things
like DocuSign and things like that that to me sound like they make a
lot of sense, but have our manager take a look at it and report back to
us in September as to things that can be implemented, and then I
think I would encourage the Board to, as Mr. Magel said, let them
know what areas the Board may want them to look into.
CHAIRMAN McDANIEL: I'll second that for -- and just for a
brief -- just a brief comment, and that is, I liked a lot of what the
Productivity made suggestions on, and I'd like to see those
individually come back to our board for actual decisions as we're
moving through in the near future, not during our summer break.
It's been moved and seconded that we accept the report of the
Productivity Committee. 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 28, 2022
Page 84
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. MAGEL: Thank you much.
CHAIRMAN McDANIEL: Good to see you, sir.
MR. MAGEL: Have a great summer.
CHAIRMAN McDANIEL: You too, sir. You, too.
All right. They came en masse, and they left en masse. Look
at them.
Item #11B
AN UPDATE ON THE PARADISE COAST SPORTS COMPLEX
FROM SPORTS FACILITIES MANAGEMENT, LLC - MOTION
BY COMMISSIONER TAYLOR SECOND BY COMMISSIONER
SOLIS TO ACCEPT REPORT AS PRESENTED – APPROVED
MS. PATTERSON: Commissioners, that moves us to
Item 11B. This is a recommendation to accept an update on the
Paradise Coast Sports Complex from Sports Facilities Management,
LLC. Ms. Marissa Baker, your sports complex manager, will begin
the presentation.
MS. BAKER: Good morning, Commissioners. Marissa
Baker, for the record, manager for Collier County.
Sports Facilities representatives will be presenting this update.
MR. PRITCHETT: Thank you, Marissa.
Good morning, Dave Pritchett. I'm our COO with Sports
Facilities Companies.
I just would like to start by expressing a real appreciation for the
relationship that we have developed with county management and the
broad community. Dan has been great. Marissa's been great.
We've met with Amy a couple times, Crystal in the Clerk's Office,
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you know, Lois at the FRLA. The CVB has been great. We really
feel good about our relationship, and we feel good about the progress
we've made. And Jack Adams, who's our vice president of account
management, is here to present some results that we've been able to
achieve over the last five months.
MR. ADAMS: Good morning. For the record, Jack Adams,
Sports Facilities Companies.
This arrow right here is the one that moves the slides.
CHAIRMAN McDANIEL: Hit the right button, Jack.
MR. ADAMS: Look at that.
CHAIRMAN McDANIEL: There you go.
MR. ADAMS: Already productive.
When we were hired by you -- and we've spoken with each of
the commissioners individually and all the folks that Dave said, and
we've got a lot of local relationships. What we heard loud and clear
what we came aboard was there's really three things that we needed
to accomplish. Number one was that the sports complex needed to
be more sustainable, less of a financial burden on Collier County;
No. 2, it needed to drive heads in beds, economic impact, tourism,
sports tourism; and, No. 3, it needed to serve the community. It
needed to be an asset that was available for Collier County residents
to come -- and others to come and use and enjoy.
And so I wanted to just share some thoughts and some stats on
what we've done in each of those three areas, and I've got this last
couple bullets to talk about marketing. We had a question about
marketing and some notes on the fields.
So here are our financials, very high level. Revenue from
January to May, $628,000. That is compared to 467,000 prior year
first five months. So we're 34.5 percent higher in revenue.
Gross profit, which is the revenue minus the direct cost to goods
sold. So for everybody's benefit, when I say "cost to goods sold," if
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we sell a hamburger, it's the bun, it's beef, it's the pickle, it's the
things that are in the hamburger. It's the labor selling the hamburger.
It's not the air conditioning that we would have had to pay for
anyhow. It's not mowing the grass that we would have mowed
anyhow.
The direct cost to goods sold from revenue leaves us a gross
profit for the first five months of $252,000. Last year the full year
performance was a loss of $112,000. So a loss of 112- to a gross
profit of 252-.
The operating expenses we didn't overcome. That, for the first
five months, is 386,000. That's the fixed expenses that we have.
And so we have a net expense of a negative $133,000.
When you have more fields, when we have the 11 baseball and
softball fields, when we have the other five soccer fields, they're
going to have proportionally higher cost of goods sold, but they're not
going to raise our fixed expenses except for incrementally. So we're
going to leverage having all those additional fields with all that
additional revenue and defeat and continue to improve over that set
of fixed expenses.
So just a little bit on the traffic that goes along with that. I
won't read the whole slide to you, but you can see that the total
headcount between the participants and spectators and then also the
regular use of the Cove and the Factory is that 94,000 for that five
months. Prior year was at 43-. So in addition to the revenues we've
also seen a big uptick in use. And I thought this was a fun graphic
so you can see the comparison in use.
Now, this is how we count when we know how many people
come in to participate in each team and we know how many people
come through and buy tickets, and so we know how many people
check into the Factory. This is the count, and it's the same way that
we counted last year, so this is an apples-to-apples comparison.
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But we did get ahold of a geofence stat, which is when cell
phones come onto the property and they get electronically counted.
And we can see that there are 162,000 visitors. The last total of
those two is 130,000, so we're at 30,000 more, actually, that weren't
captured by our counting methods neither year. And then they've
come an average of 4.1 times per person. So you're really looking,
at over the last year, which includes our time and also our
predecessor's time, 663,000 visits.
COMMISSIONER LoCASTRO: Can I just ask you a
quick -- oh, I'm sorry. Go ahead, sir.
CHAIRMAN McDANIEL: I was going to ask a quick
question. Go ahead.
COMMISSIONER LoCASTRO: Well, mine's quicker. No.
Do we get -- you know, do we have a sign there that says your
cell phone's being tracked? I mean, I've got a little bit of a problem
with that that people are coming and going -- and, granted, it might
only count a beep on a cell phone. It doesn't download their address
book, but this is a very sensitive topic. I mean, you know, in Collier
County people don't even like, you know, traffic cameras that take
pictures of license plates.
So I don't remember approving this. I don't remember reading
about it in the contract. It might have been a great idea that
somebody sort of brainstormed. I don't doubt the numbers, so that's
a good-news story, but the way this is done, unless I missed
something, this is kind of a big thing, you know. And even if it's not
a big thing, sometimes when you explain it, it's like, well, you know,
we're not stealing information off of people's phones. But it's
arguable. You know, the average citizen will say, well, I don't want
my phone counted at all. And I actually don't think you needed to
do this. I mean, as you're going through the thing, I think you're
counting heads properly enough, you know, by ticket sales and
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whatnot. This could get us in trouble. But I defer to the attorneys,
but --
COMMISSIONER SOLIS: Yeah.
COMMISSIONER LoCASTRO: -- you know, I just know that
this becomes an issue. So, you know, I'll shut up there and leave it
to the experts, but, you know.
CHAIRMAN McDANIEL: That wasn't a zero quick question,
by the way.
COMMISSIONER LoCASTRO: No, that's quick for me.
CHAIRMAN McDANIEL: Mine was --
COMMISSIONER LoCASTRO: That was quick for me.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Could I just -- you know, this is an
issue that comes up at the TDC on a regular basis because we
compile a lot of this data, and the TDC receives this data every
month. I mean, we have a service that tells us where -- you know,
not specific data as to who they are or anything like that, but where
people are when they're going to the website or looking at a museum
or something like that.
I mean, this information -- and I agree with you, it
frightens -- it's frightening, right? And I find it disturbing. But, you
know, it's information that's out there everywhere. We're all being
tracked by our phone at all times, whether we like it or not.
And I just wanted you to know that we get this information at
the TDC meetings on a regular basis, and it makes -- yeah, I always
remark that it's scary, but it's out there.
MR. ADAMS: I believe we got it from the same source. We
don't count that. We don't have a cell phone counter. I believe we
just got it from the same source.
COMMISSIONER SOLIS: From the same company, yeah.
MR. ADAMS: But point well taken. We will --
June 28, 2022
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CHAIRMAN McDANIEL: I have another question once we
get through this. Commissioner Taylor has a comment.
COMMISSIONER TAYLOR: One thing the system does, it
gives us verification of what the numbers are being brought before us
so that we can verify what's being presented by the manager of the
sports park or the pickleball Spirit Productions. For example, Spirit
Productions said 35,000 people visited East Naples Community Park
the week of pickleball. Zartico said it was 33,7-. It's unbelievable
how you can verify what a management company is doing. Now,
information is information. It's how it's being used and who is
gathering that information. So one of the comments I'd like to see is
I'd like to see us do a Zartico -- have the county tabulate that, what
these -- what's going on at the sports park. For instance, I think that
would be very, very helpful.
CHAIRMAN McDANIEL: And that kind of goes along the
lines of my question, and that -- because I'm not as familiar -- I know
geofencing when you're GPSing your dog, and you pick the spots
where your dog's allowed to go. How accurate -- and I don't shock
her, by the way, just in case anybody was worrying -- how accurate
the geofencing is. We have a million-square-foot Uline facility
that's right there. We're about to have the Great Wolf Resort that
comes in that's right there, and where is a level of -- when they cross
the line as to whether or not they're one of your patrons or they're one
of the trucks that's coming in and out of the Uline facility, and that
was my question about the accuracy of -- what?
COMMISSIONER SOLIS: Mr. Chair, I mean, it's a great
point, and I raised this at a TDC meeting one time, because there was
a picture of the county with all these red dots, and then there was one
red dot way out in the middle, what would have appeared to be the
Gulf of Mexico.
And I said, well, I mean, how accurate is this? And apparently
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this person was on his boat.
CHAIRMAN McDANIEL: Pinged.
COMMISSIONER SOLIS: He was pinging us.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: So, I mean, my understanding is
that this information is fairly -- it's fairly accurate. I know that we
came up with the Spirit Productions and the US Open pickleball
tournament. It's fairly accurate. It's readily available, too, if you
just know who to contact.
CHAIRMAN McDANIEL: Well -- and, you know, there
again, Commissioner LoCastro's comment bodes an interesting
discussion as to are we violating people's property by tracking what
we are doing trying to assimilate information. I've got the same
concern. Again, I see ads pop up on my phone when I'm out doing
Google search things, when I bought the Halo collar for my dog. So
I got -- I got barraged with a myriad of advertisements when I was off
in other places. So how accurate -- my question is, how accurate is
the geofencing confined to the Paradise Coast facility?
MR. ADAMS: The direct answer to that is I don't know. We
didn't set it up. It was set up prior to our arrival, and it's been
calculating for that year. My assumption would be that it was the
boundaries of the park.
CHAIRMAN McDANIEL: Let's find that out.
MR. ADAMS: I know that geofencing generally is very
specific and accurate.
CHAIRMAN McDANIEL: Let's find that out.
MR. ADAMS: Just like when you're driving in one lane or
another with your car GPS, it knows. It's pretty specific. But we
can --
CHAIRMAN McDANIEL: I'd like to find that out.
Commissioner Taylor, did you have another comment --
June 28, 2022
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COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: -- or did I just neglect to erase
you?
COMMISSIONER TAYLOR: You didn't erase me.
CHAIRMAN McDANIEL: Okay. Gotcha. And are you
feeling okay about your comments, or do you want to have a specific
discussion about the policy --
COMMISSIONER LoCASTRO: No.
CHAIRMAN McDANIEL: -- that the Board has with regard to
tracking?
COMMISSIONER LoCASTRO: I bet you if you lined up a
thousand citizens here who all went to the sports complex between
January and May, they wouldn't know their phone was pinged or
counted. So, you know, I don't know if -- but like you said -- and,
first of all, I don't question the validity of the numbers. Yeah, it
gives you accurate data, but, you know, stoplight cameras give us
accurate data, too, on speeders, yet everybody raised holy hell when
we, you know, put those up way back when. I think that all predates
me, but you all remember that whole argument.
I just sit here and go, you know -- and the legal part I don't
know. Does there need to be a sign on the fence saying, when you
pass through this gate, your cell phone is counted, one, you know? I
don't know. I'm not trying to make this a federal case, but this slide
surprises me, and I bet it would surprise the average citizen who
didn't know they were part of this database count, and the average
citizen probably doesn't know they're being counted in lots of other
places as well.
So I don't know the legalese of it, but the numbers don't surprise
me. They're very positive. It's just the way that they're counted.
But like you said, it's something that you inherited, but I don't
remember ever voting or discussing this. And if it's common
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practice -- I don't know. I hate it as a citizen, I'll just tell you that.
There's other ways to get the numbers.
Like Commissioner Taylor just said, they counted a certain way
and got 32,000, then they looked at the phone thing and it was almost
the same number. So it's like, okay, so it basically proves to you that
the electronic system works, but so do other systems that are less
invasive, so...
MR. ADAMS: Our system -- the system with the numbers that
I shared with you, that is the way that we count is based on direct
check-ins.
COMMISSIONER LoCASTRO: Right.
MR. ADAMS: Amount of guest checks at the Cove and so on.
COMMISSIONER LoCASTRO: That works.
MR. ADAMS: And that, I think, just to the commissioners' --
COMMISSIONER LoCASTRO: This is an added triple check
that confirms, you know, that the numbers are close or on. But, you
know, this is something that I think a lot of citizens have an issue
with, but...
MR. ADAMS: So what I'm hearing is don't confirm it that
way?
COMMISSIONER LoCASTRO: No, I'm not --
CHAIRMAN McDANIEL: You're not hearing that.
COMMISSIONER LoCASTRO: You're not hearing that.
We're just talking.
CHAIRMAN McDANIEL: We're actually asking questions
about the efficacy, accuracy, and whether staff has a review on how
this is assimilated. So you're not hearing that at all. If we need to
have another discussion, we'll have another -- right now you're
making a report and educating us on how many people are passing
through and how you're coming up with that information.
MR. ADAMS: Thank you, Commissioner.
June 28, 2022
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So sales up, traffic up.
Awesome events. You know that because it says so on the
slide. The stats that I just want to call your attention to without,
again, reading you all the names of them is that there were 47
sporting events representing 872 teams. The community events
were 27. I've got another slide following this, a few good examples.
There's 8,100 unique visitors to this -- to those community events.
The field use at peak time, which is 5:00 p.m. to 9:00 p.m., is
being rented from Monday to Thursday 84 percent of the time. So
we're getting really good usage of the fields that we have. And I've
listed some of the sports that are represented with that activity.
And here's those community events I promised.
There were some questions about marketing, and not just what
marketing had happened, but what marketing was planned. So I've
just prepared a little slide here with some small print. But the idea is
that there's been radio that we've used inexpensively. We've worked
with a partner, the Naples Dealers, for some television advertising
representing the park. There's been some print, social, some press
releases that have had national pickups and regional pickups, and
we've increased the email database.
In addition, we know that there's a signage package coming.
The signage package will come, we've been reported; around
November it will be installed. And with that signage, that will
increase awareness as well tremendously. As people drive by, they'll
see that there's a park there and know that there's a park there. And
one of the comments was not everybody knows about us yet, and that
signage will really help. And that's in the works.
Looking ahead, you still see some of the same tactics, but more
of that, and direct mail is added in our marketing plan for the year.
Last slide. So just -- these are the stats we showed in the TDC
meeting as well. So if you've seen that, you've probably seen some
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of these numbers. But just a couple of things off to the right show
this is the growth of users from the time we came aboard to now. So
this is the five-month January to May report. And you're seeing
organic traffic, and this is to the website, going from the 9,000 to
12,000 new uses from 11- to 16- and page views from 50- to 70-. So
we're seeing that engagement as well, which is part of what's leading
to those new users. And when you book an event, you get a lot more
traffic and you get a lot more revenue, but this is leading to new just
community users and attention to the park itself.
Questions on this?
(No response.)
MR. ADAMS: Do you have any questions for any of us?
CHAIRMAN McDANIEL: No one's lit up up here.
MR. ADAMS: Okay.
COMMISSIONER SOLIS: I'll just -- actually, I'll just make a
comment that yesterday we had a brief presentation. Adrian Mosis
was there, the manager at the facility, and he shared with us -- and I
don't know if you have that, but he shared with us on the TDC a list
of events from August till next year of new events that were -- that
have been, I guess, locked in, contractually. And it was -- it's
extensive. I was really pleased to see just the sheer number of, you
know, 100-plus team tournaments that were -- I mean, there was at
least, I think, two a month, thereabouts, maybe on average. So it
was healthy. I don't know if maybe Marissa or somebody has that.
I can get a copy of it, but it -- it's clearly the uptick in the usage and
the scheduling of events. There was some request from somebody
about the possibility of the Foo Fighters making an appearance, but
that was a whole 'nother issue. Sorry.
MR. ADAMS: We'll work on that one. Thank you
for -- thank you for those comments. We're well booked. We have
a great business development effort and results, so that will continue
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to bear fruit over time.
As you know, when we came aboard, you know, we came
aboard kind of quickly, so those events that we did at first were the
ones that were already booked. And we operated them and, for the
most part, kept the deals in place and, in some cases, were able to
negotiate for better deals and positioning both for the user group and
for Collier County. So we feel like that's been positive, and over
time there are a few residual events that are multiyear but, for the
most part, we're filling in that space now, and so what you're going to
see coming is a result of new business development and a lot of the
same user groups, but done in different ways, but new sports added as
well.
COMMISSIONER SOLIS: Right. The lacrosse event, I think
four of the -- the top four teams in the country are going to be
playing. I think last year we had two, and this year, coming year, it's
going to be four. Yeah, lacrosse is becoming a major sport in Collier
County as well. It has been for a long time, because my kids played
it. But the tournaments, there's really been, it seems like, an uptick
in the lacrosse tournaments, which is good to see as well.
MR. ADAMS: Florida generally has been doing great with
lacrosse and in Naples, specifically, is a real epicenter for it.
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: Remind me to tell you the story
about my son when he was playing lacrosse and I showed up at one
of his games. I'm not going to take the time now.
But what I'm going to do is call -- what I'd like to see is, as we're
going through, is a quantification of the revenue stream derived from
the different events and the different fields, because you alluded in
the beginning of your presentation that not all of the fields are
constructed, the ball fields are to come, and so on and so forth. That
would help us better quantify the future expenses capital-wise,
June 28, 2022
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requisites that are going to help the park become even more
successful. We know with time and superior management, it's doing
better all of the time. But a quantification of the individual events
on the fields and a proposed expansion of those fields would help us
with an ROI from a cost-benefit standpoint, at least for me.
MR. ADAMS: Absolutely.
CHAIRMAN McDANIEL: So with that, I'm going to take a
motion for acceptance of the report, if there is no other questions.
COMMISSIONER TAYLOR: So move.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the report as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor, say aye.
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. So there you are.
MS. PATTERSON: Would you like to take one more?
CHAIRMAN McDANIEL: I don't know. It depends on which
one it is, if it's one you pick or I get to pick. No.
MS. PATTERSON: I'll let you pick.
CHAIRMAN McDANIEL: It's up to you. Do you want to
take an extra four minutes for lunch and come back for the
time-certain?
MS. PATTERSON: We can do that, sir.
COMMISSIONER TAYLOR: Well, there's one more that
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holds these people here, and then they can go, which is 11C.
CHAIRMAN McDANIEL: Yeah, go ahead and finish up 11C.
MS. PATTERSON: The cost of goods.
CHAIRMAN McDANIEL: Thank you, Commissioner Taylor.
Item #11C
A THIRD AMENDMENT TO THE FACILITIES MANAGEMENT
AGREEMENT WITH SPORTS FACILITIES MANAGEMENT,
LLC, TO INCREASE THE COST OF GOODS SOLD BUDGET
LINE FOR FY22 DUE TO THE UNANTICIPATED
INFLATIONARY COST OF GOODS AND TO APPROVE THE
FY23 REVISED BUDGET - MOTION BY COMMISSIONER
SOLIS SECOND BY COMMISSIONER MCDANIEL TO
APPROVE REQUEST – APPROVED
MS. PATTERSON: This is Item 11C, a recommendation to
approve a third amendment to the facilities management agreement
with Sports Facilities Management, LLC, to increase the cost of
goods sold budget line for FY'22 due to the unanticipated inflationary
cost of goods and to approve the FY'23 revised budget.
Again, Ms. Marissa Baker, sports complex manager, will begin
the presentation.
MS. BAKER: Hello again, Commissioners. For the record,
Marissa Baker, manager of the sports complex for Collier County.
I'd like to thank Sports Facilities for presenting the six-month
update to the Board about the great strides we are making over at the
sports complex.
We are here in front of you today for an item that might
normally be seen on the consent agenda. Due to the high interest in
the facility, the County Manager and the leadership team believed it
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would be beneficial to walk the Board through this request.
Today we are asking for an approval to an increase to the
variable cost along with the revised Fiscal Year '23 budget. Because
the sports complex is a public park managed by a private provider,
adjustments require Board approval. Under the agreement, the
owner, Collier County, is to fund the operating account with the
budgeted cost of goods.
Until this increase is approved, the manager does not have
access to the cash flow which is essential to daily operations such as
purchasing inventory, paying employees, and other operating costs.
Specifically, we are asking for an additional $185,700, bringing
your cost of goods line in year zero from $386,187 to $571,887.
Now, this increase is only 4 percent of the total operating budget for
the sports complex.
Additionally, we are revising the Fiscal Year '23 budget as
delivery -- or as it was based on the receiving of the next five fields
in May of 2022. Currently, we will receive four additional fields in
December of 2022.
With that, I will hand the presentation over to Jen Reynolds,
financial manager for Corporate Business Operations.
MS. REYNOLDS: Good morning, Commissioners. Jennifer
Reynolds, financial and operations support manager for Corporate
Business Operations. Forgive me. I'm a little nervous. This is my
first time presenting to you, so...
COMMISSIONER TAYLOR: It's nice to put a face to the
name.
CHAIRMAN McDANIEL: I was going to say, you're not
going to be able to say that twice, so come on.
MS. REYNOLDS: I know, I know.
So as Marissa stated, we are here today requesting approval of a
third amendment to the facilities management contract with a
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minimal increase for cost of goods sold as well as the approval of the
November -- or the Fiscal Year '23 budget.
In November of 2021, the county entered into the management
agreement with Sports Facilities Management to oversee the
operations of the sports complex. The contract has been amended
twice since then to bring the naming rights extension to the Board for
review and approval. In the current agreement, Collier County, as
the owner, prefunds the operating account with the COGs based on
the year zero budget. The variable and direct costs are not-to-exceed
amounts without prior approval from the County Manager or the
BCC. Due to a variety of economic conditions, the cost of goods has
risen as have the variable labor costs. Because of these changes, the
projected margins and budget are not accurate, and staff would like
the opportunity to realign the budget to reflect these increased
expenses.
Deliverable 5 of the contract requires SFM to submit its annual
budget by May 1st so it can be included in the county budget process.
This was done, and it was included in the budget process -- or the
budget meeting on 6/16/2022. SFM created their original budget for
year zero based on the additional five fields becoming available for
use in May 2022. For a variety of reasons, we're aware now that
these four fields -- four of these fields will not be completed until
December of 2022. For this reason, staff asked SFM to revise their
Fiscal Year '23 to more accurately reflect the proposed revenue and
expenses based on these unexpected factors.
So the next three slides are numbers that I've compiled from
December to May of revenue, expenses, and variable costs. So the
revenue is -- from the previous vendor is over $100,000 more during
the same time period and --
CHAIRMAN McDANIEL: And same amount of fields.
MS. REYNOLDS: Same amount of fields, yes, you're correct.
June 28, 2022
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Additionally, the variable cost, the cost of goods sold, are
$90,000 less than the prior vendor. And this may seem
counterintuitive if we're asking for an increase in the variable cost,
but there's a reason for that. The previous vendor, SFI, had direct
access to the revenue they were generating. It went into an SFI bank
account. They could access it, use it for any cost they needed to
continue the operations of the sports complex. The current vendor,
we control the bank account. The revenue being generated is going
into a Collier County bank account. They have to come to us to
request additional funds. The sales tax that we collect the revenue
for, they pay the sales tax, but they have to request the funding from
us.
The direct expenses are also lower. Again, SFM is being very
discriminate in their costs. They're looking very closely at these to
keep them lower. SFI were not as discriminate. So they are
spending about 350- -- more than $350,000 less in direct costs, and
those direct costs include management payroll, office supplies,
operations, field maintenance, those kinds of things.
I should also point out that all revenues and expenses are audited
by myself and clerk finance staff. So we know everything that's
coming in and going out. And with that, I will send it back to
Marissa.
CHAIRMAN McDANIEL: You did a wonderful job, by the
way, for a first-timer.
MS. REYNOLDS: Thank you.
MS. BAKER: As you may be aware, inflation is running at a
40-year high. According to the Labor Department, the Consumer
Price Index increased 8.3 percent in its year over year from April of
2021 and April of 2022.
In the labor market, demand is outstripping supply which is
resulting in increased average hourly earnings. This situation is not
June 28, 2022
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just impacting the sports complex but many of our facilities and
divisions within the county. Typically, though, county adjustments
are done through budget amendments or change orders; however,
private providers require more transparency and, thus, Board
approval.
Currently, Sports Facilities employs 48 team members. Since
taking over operations in November, the average hourly earnings
have increased from about 10 to 12 dollars an hour to about 15 to 20
dollars an hour. As you may have noticed in this request, 75 percent
of this increase is directly tied to hourly wages.
Additionally, in January of 2022 Collier County adopted a
resolution approving and revising its very own pay and classification
plan citing the listed local conditions.
Vendors across the agency have begun to pass on increasing
costs as well through change orders, contract amendments, and
higher pricing on new contracts. The Board has recently approved
similar adjustments, most recently amending the BrasCo contract,
allowing an increase in price based on the Consumer Price Index.
So why is this important? It's important that the budget be
realigned to reflect accurate revenues and expenses in current and
future budgets. It's also a business priority that Collier County and
the management company have the ability to respond to the market.
And as I mentioned at the beginning of this presentation, the
financial success of a company's business is determined by its
operating cash flow.
So to conclude our presentation, staff finds this request fair and
reasonable and recommend that the Board approve the attached third
amendment to the Facilities Management agreement.
And staff is here should there be any additional questions.
CHAIRMAN McDANIEL: And I have no additional questions
from the Board. We do -- Commissioner Saunders is a tad
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delinquent on his button; we'll call on him now.
COMMISSIONER SAUNDERS: Just a quick question for the
County Attorney. I assume the County Attorney's Office has been
involved in the drafting of the amendments to this agreement and
you're fully aware of what's involved in it?
MR. KLATZKOW: Yeah. We've gone through it, and we
approve it.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Commissioners -- well, now
everybody's lit up.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Okay. One of the real
encouraging things I heard from our Clerk of Courts was how she is
working so much better and more closely with the County Manager
team, so that's a real testament to you, Ms. Patterson, and also
Mr. Rodriguez. You know, she made some comments probably to
all of us when she met with us personally on this contract.
Her comments have merit, you know. I mean, we've heard a lot
of great numbers here and everything, but at least, according to her,
we're still going to project a loss in 2022 and 2023, so nobody should
come out of here thinking the sports complex is a cash cow, and it's
not supposed to be. So I'm not saying that. We just want to make
sure we control the bleeding and don't waste taxpayer dollars, and I
like the trend.
So I guess a statement I would make -- I mean, Commissioner
Saunders pointed to -- my first comment was going to be, make sure
that our County Attorney is, you know, fully engaged and aware but
also, just as a reminder, continue to work very closely with our clerk
of courts because one thing I do know about Crystal is she's got a
sharp pencil and she's got really fresh batteries in her calculator, and
we look to her guidance to also be an extra set of eyes to see, hey, do
June 28, 2022
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these numbers really work? I mean, it's great to sort of put all the
flashy numbers on here, and they're all legit; not questioning them at
all. But in the end, you know, we really want to make sure that all
the parts and pieces of our financial team, our Attorney, Clerks of
Courts, and our County Manager, that we're not just covering a blind
eye and cheering ourselves because the lacrosse team showed up.
But in the end, we're expending a lot of dollars to have stuff that
visibly looks -- I like the lacrosse team, by the way.
So I wanted to say that. But really it's also a thank you to how
much more improved in a short amount of time we all are hearing
that that connection between our Clerk of Courts, and maybe even
our County Attorney and the County Manager team is working.
This is a big one to really keep a close eye on. We look for you to
chime in at any time at these meetings to say, hey, nothing on here is
incorrect, but a concern that we have or something we're watching
closely. You know, don't be shy, any of you, about doing that.
Crystal certainly is never shy about doing that. I just want to just
make sure that she's heard. And the good news is, she's saying she is
now more than ever, so I think that's a great thing for our team.
CHAIRMAN McDANIEL: Yes.
MS. PATTERSON: Thank you, Commissioner. We
appreciate the partnership with everyone that's worked on this.
CHAIRMAN McDANIEL: Commissioner -- you okay?
MS. PATTERSON: Yep.
CHAIRMAN McDANIEL: Sorry.
Commissioner Solis.
COMMISSIONER SOLIS: I was just going to comment.
Yeah, congratulations to SFM and everyone. It's quite a turnaround,
I think, in a year. In regards to what the request is, the revenues are
up, the costs are down, the usage is way up. And I think the part that
we can't kind of gloss over is that we're supposed to have more fields
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than we have, and we haven't delivered the fields.
CHAIRMAN McDANIEL: That was the reason I was asking
for that ROI on the fields in relationship to what we're utilizing them
for.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: So that will help us going forward.
COMMISSIONER SOLIS: I think a lot of that is on us. So I
think we might have a public speaker, but I would make a motion to
approve the request, unless we have a public speaker.
CHAIRMAN McDANIEL: We do have public, a or two? We
have a public speaker, we do. And I would second the motion -- I
would second the motion, and then we'll go into public comment,
unless Daija has something to enlighten us with.
MR. MILLER: Your speaker is Daija Hinojosa.
MS. HINOJOSA: Good afternoon. For the record, Daija
Hinojosa.
One, I just want to congratulate the increase in revenue that the
Paradise Coast Sport Complex has had, but I do have to give a couple
of thoughts that are running through my head.
One, what about using the fields that have already been finished
versus creating more fields -- just saying -- until maybe it becomes a
little bit more profitable?
Everyone knows that Paradise Coast was a bad financial
decision on behalf of the Board given the fact of there being so much
money into it and it's obviously not, as Rick says, not necessarily a
cash cow.
I was wondering to possibly, like, alleviate the burden of
taxpayers who have essentially paid for this complex what about
generating funds from the Tourist Development Council, the TDC?
What about raising a tourism tax to help maybe fund some of the
things they need. Just some thoughts; I'm not sure if that's way off
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or not.
But I don't think that this should necessarily be any more of a
financial burden to taxpayers. And I know I've been out talking to
people, and they have an issue with it. So am I way off for thinking
it? I am?
COMMISSIONER TAYLOR: Incorrect.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: A little bit.
Commissioner Saunders, do you want to address her?
COMMISSIONER SAUNDERS: Yeah, I do, because first of
all, a quick question to the Manager. How was the capital for this
project derived? What is the source of our revenue to pay for this
park?
MS. PATTERSON: Tourist development taxes to this one
point.
COMMISSIONER SAUNDERS: Okay. So just so you know,
that the burden to build the facility is not on our taxpayers.
MS. HINOJOSA: Okay.
COMMISSIONER SAUNDERS: It is on our visitors, but not
on our taxpayers.
And you said that this was a bad financial decision for the
county. And you have to look at the overall impact of this type of a
project. We have thousands upon thousands of our county residents
that use this park, and so it's sort of like a park component. You
don't really make money on your parks, but you do have parks for the
benefit of our citizens.
You also have, literally, thousands of hotel nights from visiting
teams, so that generates more tourist taxes, more sales taxes, it helps
generate business for our community.
So when you start to talk about a bad financial decision, you
have to look at the overall picture. Will our revenue offset all of the
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costs of operations? Maybe not, but that's only one little piece of it.
So that's why I just want to sort of challenge that statement, because
the public will hear what you said, "this was a bad financial
decision." There's more to it than just that.
MS. HINOJOSA: Okay. Well, I don't mind being challenged.
CHAIRMAN McDANIEL: And we're not challenging. We're
trying to educate.
MS. HINOJOSA: And I'm taking notes.
CHAIRMAN McDANIEL: A portion of what Commissioner
Saunders didn't share is we treat this as if it's a portion of our entire
park system, and our ad valorem supplements the expenses associated
to the entire Parks and Rec system close to 60 -- in excess of
60 percent plus/minus a cost associated to the revenues generated.
MS. HINOJOSA: From ad valorem?
CHAIRMAN McDANIEL: Yes. So -- and don't hold me on
the actual, Daija. But what Commissioner Saunders was saying was
just a correction on the statement of the perception of good versus
bad with regard to the overall of the facility.
MS. HINOJOSA: Okay. Well, it's good to just to clarify,
because there are a lot of people out there, taxpayers, that think that
this came from taxpayer funds.
CHAIRMAN McDANIEL: Right.
MS. HINOJOSA: So I'm glad that I spoke today and at least
said something and you educated me a little bit so I can kind of take
that back to the people. So thank you.
CHAIRMAN McDANIEL: There's a lot of things -- and,
Commissioner Taylor, do you want to address her?
COMMISSIONER TAYLOR: Yeah, just a couple of things.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: We actually raised the tourist
tax by one penny which gave more money than before to the beaches
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for this project. And the reason we created this project -- we didn't
create a professional stadium.
MS. HINOJOSA: Okay.
COMMISSIONER TAYLOR: We created a stadium that will
host youth sports, and that will be, if we're unfortunate enough to get
into a major recession, a buffer in the recession, because when you
have a child that has got ambition to go to college, and you want to
use sports as the platform by which they go in -- are considered by a
college, they don't take time out for recessions.
MS. HINOJOSA: Right.
COMMISSIONER TAYLOR: And we know that. This has
been documented and researched. We spent about a year and a half
to two years before we actually moved forward on this.
MS. HINOJOSA: Okay. So then funds that are generated by
revenue, where does that go when it comes back? I mean --
CHAIRMAN McDANIEL: We'll answer that question, not
today.
MS. HINOJOSA: Okay.
CHAIRMAN McDANIEL: That's all a matter of our entire
budget processes and that sort of thing.
MS. HINOJOSA: Is that something that the Clerk would be the
person to talk to about that, Crystal Kinzel?
COMMISSIONER TAYLOR: Probably.
CHAIRMAN McDANIEL: You certainly can and/or staff, or
send an email. We'll get you the information. That's readily
available information that we've got out there. Do you have a
comment for her?
COMMISSIONER LoCASTRO: Yeah. I mean, we don't
want to sit here -- and we're not trying to debate the sports complex.
One of the things I've said is even when I've been critical of it, I've
ended every statement saying, but it's already been built. Wouldn't
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have voted for it, and it's arguable all these different things. But
now that I sit in the seat, it's already built, and our job as the county is
to make it successful.
On the flip side, I would sit here and say, all these great and
wonderful things we're bragging about, it better do all that for
120-plus-million dollars.
And I do look at even the tourist tax and all of that, it's still real
money. So I look at it as, yeah, maybe -- maybe a citizen from
Wisconsin who paid a tourist tax at a hotel, or however the tourist
dollars sort of feed in, but I still look at that as real money. So if we
could get $120 million to build a sports complex, if we didn't think
that was the best thing to build, what could we have done with that
money, or maybe -- well, we couldn't have gotten it. It was sports
complex or nothing.
So all these things are debatable but also, too, it is taxpayer
dollars that mow the lawn, pay the electrical bill. And so I have
been vocal saying, the big expense isn't building the complex. It's
actually operation and maintenance over the life of -- and the
example I used is if Warren Buffet came in here today and said I'll
build you a $120 million sports complex and handed you the keys
and leave, do you want it, yes or no? I actually would want to talk
about it to make sure we could afford it. So it would be great, thank
you for building the Eiffel Tower but, actually, we can't keep the
lights on because we don't have a budget, you know, to do that. So
that's why I really watch the numbers closely, and so does Crystal.
We have something very large that better be awesome --
MS. HINOJOSA: Right.
COMMISSIONER LoCASTRO: -- you know, pointing to that
one slide. And also we need to make sure that the taxpayer dollars
that keep it looking amazing are something that we can continue to
afford over time.
June 28, 2022
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But I don't want to take away from the positive here. I'm very
encouraged to see the positive trend, and I look forward to seeing the
slide, what's coming from August to December, and those are things
that we shouldn't, you know, lose in the shuffle. But also, too, you
could sit here and peel the onion back and go, you know, if we had a
time machine and went back in time, would we do some things
different?
I am concerned about the additional fields because I don't know
how much more we want to pour in there, but to make money you
have to spend money, so I look forward to that discussion. I know
that sometimes you can convert fields. I mean, we watch baseball
teams all the time play on football fields, you know, in the pros and
whatnot. And so I just think that's an argument for another day or a
conversation for another day, or maybe it's already been hashed out
and they're coming no matter what. I don't know. I guess that's a
question I would have for the County Manager.
The fields that are, quote, coming December of 2022, those have
already been approved? It was in a plan. They've already been
budgeted for, right? So that's not up for discussion.
MS. HINOJOSA: Okay.
COMMISSIONER LoCASTRO: And, you know, I support
that. It's my colleagues and previous colleague thought it was a
great idea. I guess, you know, we'll wait and see, but...
MS. HINOJOSA: Well, like I said, I think what they've done is
amazing. I went and visited for Economic Development Day. I
thought the park was absolutely beautiful. So, of course, I don't
want to see it fail, but I was just concerned, based on what I've been
hearing out in the public.
COMMISSIONER SAUNDERS: Can I make one more
comment, Mr. Chair?
CHAIRMAN McDANIEL: Sure.
June 28, 2022
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COMMISSIONER SAUNDERS: Because this goes back to
whether this was a good decision or a bad decision. And, quite
frankly, if I had a time machine, though I would use it for a lot of
other things, I would still vote for this.
COMMISSIONER LoCASTRO: And that's fair.
COMMISSIONER SAUNDERS: But let me -- and this, I
think, for Commissioner LoCastro as well. When we raised the
one-cent sales tax to pay for this park -- and the statute was very
clear. You could only use it for certain things, and this type of
facility was one of these things.
COMMISSIONER TAYLOR: With all due respect, just tourist
tax. Not the sales tax.
COMMISSIONER SAUNDERS: Oh, I'm sorry, tourist tax. If
I say sales tax, I mean tourist tax.
MS. HINOJOSA: Okay. Tourist tax.
COMMISSIONER SAUNDERS: It's a sign of my age.
CHAIRMAN McDANIEL: TDT, tourist development tax.
COMMISSIONER SAUNDERS: And so one of the things that
the Commission did to make sure that this was a financially viable
project and would not put our taxpayers at risk, we bonded some of
that one-cent tourist tax to cover this. There was testimony that
sometimes you have a downturn in the economy, your sales -- your
tourist taxes drop, but you still have to pay the debt service on those
bonds. And what's pledged to pay the debt service on those bonds is
more than just the tourist tax. It's the other revenues of the county.
So if the tourist tax revenues drop so we couldn't make the debt
service, taxpayers would be on the hook for this. So what we did is
to prevent that from possibly happening, we limited the amount of
tourist tax taxes that could be bonded from that one-cent to only
60 percent of the revenue of that --
CHAIRMAN McDANIEL: Of that tax increase.
June 28, 2022
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COMMISSIONER SAUNDERS: -- of that tax. So tourist tax
revenues can drop by 40 percent; it's not going to affect the taxpayers
on this project.
And so I mention that because we did have a lot of thought into
how we financed this project for the future of this community, and
that was just one component of it.
CHAIRMAN McDANIEL: And four of the five of us up here
did vote for that. And given the history that he's not aware of, the
choices that we were given at that particular time, this far outweighs
the other choice that we were given at that particular time.
COMMISSIONER LoCASTRO: I'll make a correction. I was
still a citizen of Collier County. I was very aware of what you-all
were voting on, and if I had a time machine, I would go back and
make a lot of changes, but that's not the argument here, but it's good,
healthy discussion.
COMMISSIONER TAYLOR: Okay. It was unanimous. It
was a unanimous decision after about two years.
MS. KINZEL: Mr. Chairman, just for the record, Crystal, the
Clerk.
I'll sit down with Daija. There have been a lot of numbers
flying. There are a lot of funding sources and uses and things that
have been put together. We'll have a schedule of that. So I know
this is kind of on the fly with those questions, but if you get with me,
and then I'll provide each of you the update of the schedule after we
talk with the County Manager and, perhaps, give you some better,
firmer numbers of exactly where we stand, okay?
CHAIRMAN McDANIEL: Perfect. Thank you.
MS. HINOJOSA: Awesome. This was very productive.
Thank you very much.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we accept the recommendation of staff for the increase
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in the costs associated with the operation of the facility. 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. Let's go to lunch. When do you want to come back?
Don't shut it off till I'm ready. When do you want to come
back?
MS. PATTERSON: Quick on the button.
CHAIRMAN McDANIEL: 12:15.
COMMISSIONER LoCASTRO: 12:15?
CHAIRMAN McDANIEL: How was I doing on the math?
1:15. Forgive me.
(A luncheon recess was had from 12:21 p.m. to 1:15 p.m.)
MS. PATTERSON: Commissioners, you have a live mic.
CHAIRMAN McDANIEL: There you go. Thank you.
Thank you, County Manager.
Item #10E
BOARD SUPPORT OF DRAFT LANGUAGE TO
RECONSTITUTE AND REBRAND THE SOUTHWEST FLORIDA
REGIONAL PLANNING COUNCIL (SWFRPC) BY REPEALING
AND REPLACING THE EXISTING INTERLOCAL
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AGREEMENT AND CORRESPONDING BY-LAWS WITH
LANGUAGE CONSISTENT WITH FLORIDA STATUTES AND
DIRECTING THE COUNTY ATTORNEY TO INCORPORATE
ANY BOARD APPROVED CHANGES INTO THE DRAFT FOR
RETURN TO THE SWFRPC - MOTION BY COMMISSIONER
MCDANIEL, SECOND BY COMMISSIONER LOCASTRO TO
APPROVE AS PRESENTED – APPROVED
MS. PATTERSON: Commissioners, that brings us to our 1:00
time-certain. This is a recommendation to consider Board support of
draft language to reconstitute and re-brand the Southwest Florida
Regional Planning Council by repealing and replacing the existing
interlocal agreement and corresponding bylaws with language
consistent with Florida statutes and directing the County Attorney to
incorporate any Board-approved changes into the draft for return to
the Southwest Florida Regional Planning Council. This item is
sponsored by Commissioner McDaniel.
CHAIRMAN McDANIEL: I'm going to ask my friend to come
to the podium.
MR. McCORMACK: Thank you, sir. Good afternoon. My
name's Tom McCormack. I'm the chairman of the Southwest
Florida Regional Planning Council. I am also a Governor's
appointee. And I wanted to briefly come here and, one, thank
Commissioner McDaniel for the effort he put into taking on all the
wrinkles in a very old interlocal agreement.
But my context is I want to talk about M-CORES, which died an
ignominious, but it has a lot to do with why we have a Regional
Planning Council. My friend, Jim Beaver, who some of you may
know, used the term Solitagov (phonetic) for the Calusa Indian.
That's -- he told me that's what it was, but it's the 30,000-foot view.
And if you took a 30,000-foot view or an aerial view of the
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M-CORES project, you'd see a line on a map. And then when you
start to zero in on it, it has elements in it that are important.
But the point is that if you start with a region and you work with
a region, and the commissioners are the people that should be
interacting. It should not be government appointees. But if you do
that, as you come down, you look closer and closer, you will see that
the M-CORES had a road aspect, which was handled by the MPO, it
had a rail aspect that was handled probably by FDOT, and it had a
very important communications role item in it, which would be the
fiber-optic cable aspect of the whole thing.
And what I wanted to do is just, in a very limited time, say, out
of that whole thing, the only arguments I heard -- and we never
discussed it at the Regional Planning Council, I heard about whose
idea it was. The idea for M-CORES came from Tallahassee. So,
gee, on a local basis, that's not a good idea. The other thing I heard
from A Thousand Friends of Florida was that it was going to be a
highway, a toll highway, and it was going to have a bad impact on the
environment.
What never happened was a discussion, and I never heard a
discussion about the impact on people who would have been served
by high-speed fiberoptic cable.
And I'm not advocating here today for fiber-optic cable. What I
am advocating for is the various commissioners that are
involved -- and all over the Southwest Florida Regional Planning
Council district, which is Sarasota to Collier and Glades and Hendry
County -- is that you take a look at what Commissioner McDaniel has
done about updating the interlocal agreement, understand that there's
an important information role here that's got to be maintained by the
commissioners, not by people with an agenda, whether it's roads or
freight or fiber-optic cable.
I'll be glad to answer any questions. But thank you, again,
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Commissioner. I appreciate what you've done. And, by the way, in
case you're wondering, I'm four years older than the president of the
United States, so I'm just a caretaker in my role. I am not a young
man with a political career ahead of me.
Thank you very much.
CHAIRMAN McDANIEL: Don't go way. Don, Don, Don,
don't go away. We're not done with you by any stretch.
Commissioner Taylor has a comment, and I then have a couple.
COMMISSIONER TAYLOR: Because I was the commission
appointee to the M-CORES, I'll take exception with your comment
about the --
MR. McCORMACK: Okay.
COMMISSIONER TAYLOR: -- fiber-optic. We not only
discussed it, we had people come in to present it, and what became
very clear is that state money would dig the -- dig the trench, but each
community -- and these were rural communities. This was --
MR. McCORMACK: Going to pay.
COMMISSIONER TAYLOR: -- going across, would have to
pay for the hookup. So they tried. They tried every which way they
could to say this is going to bring fiber-optics to the inner land, the
hinterland, but it -- you know, it didn't hold any kind of, you know,
veracity when you really looked at it and analyzed it. So we spent at
least two or three meetings on that one.
MR. McCORMACK: Good for you. Good. I'm glad.
CHAIRMAN McDANIEL: And in regard to that, Don, we
didn't really have a Regional Planning Council to be coming back to.
I was the Regional Planning Council's liaison to the M-CORES
project.
Commissioner Taylor and I spent an inordinate amount of time
talking about all of those things, and ultimately that entire project got
killed because of politics. We're not here today because of politics.
June 28, 2022
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We're here today because I believe that there is a necessity for a
regional communication amongst government entities within the area.
We are obligated by statute to be a member of an RPC. We're not
obligated to pay, and that's been taught to us in a very difficult lesson.
I believe that our existing RPC needs some adjustments. I've
proposed some draft language for an interlocal agreement, a
reconstitution of the RPC, to allow for some functionality of that.
And I think that that can be the beginning of the process to
re-brand -- reconstitute, re-brand our Southwest Florida Regional
Planning Council.
There are an enormous amount of commonalities, for the coastal
communities especially. The two inland communities kind of get to
ride along, Hendry and Glades County. But on the same token,
they're not disjointed from us either. They have housing issues.
They have mental illness issues. They have sea level rise issue all
the way across the board.
And so -- and I think the platform of the Regional Planning
Council and its existence can be a legal statutorily created
bound -- boundary that would allow for regional communication and
legislation to come through the compact, the resiliency compact up
in -- that's coming through FGCU and Dr. Savarese and such. It's
just one to name many.
So that's the reason that I haven't quit the Regional Planning
Council since I came on the Board. I mean, there are relevancy
issues with the RPC as it exists today. So the subject here today is
for us to decide whether we wish to pursue this or not, and then the
proper methodology for that pursuit.
So thank you for coming today.
Commissioner Taylor, you're back up again.
COMMISSIONER TAYLOR: Yeah, as also a member of the
RPC -- and, certainly, sir, you are dogged in your concerns about the
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RPC and where it's going but, unfortunately, the region doesn't share
your concern. In fact, they don't want any part of it, and that's Lee
County and Charlotte. Those are the big boys on our RPC.
Certainly, the towns do or the cities do. But as far as the
commissions, they're not interested at all.
So if we were going to petition the state to do anything, I'd like
to petition the state to do away with the RPC. That's what I would
like to do. Understanding that there is no support, there's no -- it was
created for DRIs, and there's no more DRI and, yet, because it's just
hanging out there. For whatever reason the lobbying of the RPCs
did at the time when there was one attorney that was bound and
determined to undo the RPCs throughout Florida, and he was
defeated. It's just hung on there. And, you know, maybe that's what
we go -- we approach and say, look, this is -- you know, it's a nice
idea, but let's get rid of it, and then see -- then see if there is a ground
swell of, no, let's just keep it together.
CHAIRMAN McDANIEL: Okay. Commissioner Solis.
COMMISSIONER SOLIS: Just a question. I think -- I think
it's pretty clear where Lee County stands --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: -- to say the least. But where is
Sarasota County; what's their position on being part of this?
COMMISSIONER TAYLOR: They're with Tampa.
CHAIRMAN McDANIEL: One second, please, ma'am.
Don?
MR. McCORMACK: I can speak to Sarasota in a -- not a very
informed way, but they just had a trial, and they have an exposure to
an agreement that they signed with their hospitals. It's a very large
amount of money that's involved, and their argument was that one
could unilaterally abrogate an agreement, and they did not seek to
join Tampa Bay. They did not seek to amend their agreement with
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us. But the Regional Planning Council survived, and they're
isolated, and you have to ask them for their reasoning.
COMMISSIONER SOLIS: Okay. But they not -- they haven't
expressed interest in revising the language and entering into a new
interlocal agreement?
CHAIRMAN McDANIEL: Not for or against that I know of.
MR. McCORMACK: Correct. And when the judge makes
their ruling, they may speak out about this whole matter.
COMMISSIONER SOLIS: Okay.
MR. McCORMACK: Lee County has offered me the
opportunity to come and speak. I can't answer for them.
I have invitations to go to Glades County. You were kind
enough to invite me down here.
I think there's an important forum. I've been informed by you
that meetings took place, but they were not covered in the press.
They were not really widely discussed over a wide area. And I come
from Charlotte County, and I just couldn't characterize that entire
board as being against this project, or what Commissioner McDaniel
is saying.
COMMISSIONER SOLIS: I think, just from my standpoint is,
I think the Regional Planning Council's served a very valid purpose
but, I mean, if the two gorillas aren't going to play or aren't going to
be part of it, I just --
CHAIRMAN McDANIEL: Can I just address that? Because
Commissioner Taylor brought it up, and I just would like to say this.
And again --
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: We're a gorilla, and there are eight
RPCs in existence in the state of Florida. Seven of them are
functioning quite fine, doing really well. One's not. One's not.
And the one that's not is operating off an interlocal agreement that
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was developed back in the '80s; hasn't been touched. Operating off a
constitution that was developed back in the '90s; hasn't been touched.
We're operating with a set of rules and regulations with regard
as to what should or should not be touched that are so far antiquated.
Again, Commissioner Taylor spoke of it directly.
I don't disagree that -- you know, there again, we all saw the
letter with regard to the repeal of RPCs at large. I mean, they are
just basically a pass-through information source and allows for
regional discourse and regional planning.
But if it's going to succeed, it has to have a new constitution. It
has to have a new interlocal agreement. It has to have a functioning
basis for the organization to even exist. It has to exist for and until
the legislature disavows all RPCs. It's a statutory thing. All
counties have to be a member of an RPC.
And so if you want to -- it only makes logical sense to me to at
least try to fix the organization that we have, for and until the state
decides that RPCs are no longer going to exist, and that's the entire
rationale here.
If Sarasota, if Lee County, if Charlotte County, if they don't
want to play, they have to be a member of an RPC. Now, whether
they participate or not, that's another can of worms. If they pay any
money, that's a whole 'nother can of worms. But everybody, all
of -- statutorily, all the counties have to be a member of an RPC.
Sarasota originally -- this all started because Sarasota thought
they better align with Tampa and the regionality of Tampa
metropolitan area, so on and so forth. So they gave a 12-month
notice that they weren't going to pay anymore, their per diem, and
then they were going to go and join the Tampa RPC. Well, they
stopped paying, but they never joined Tampa.
And then Lee County saw that they weren't paying, and they
stopped paying, and Charlotte came. I held on -- remember, I
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lobbied you folks to continue to pay our per diem because of the
Promise Zone initiative that had been bequeathed to the RPC and the
exhibits for economically deprived rural communities.
And I lobbied for us to continue to pay even though there was
perceived dysfunctionality with regard to the RPC, because I thought
the greater good could be served with the benefits from the Promise
Zone initiative for and until -- I couldn't even see that, and that's
when we -- that's when I actually asked you to stop sending in our per
diem expense that we had been obligated to pay.
And then I attended a meeting this past spring at the RPC when
we finally -- at the Regional Planning Council when we finally got
together again, and it happenstancely was the budget that was
prepared by the outside auditing firm, and we're on this downward
trajectory. There's no income coming, and the burn rate is X, and
near as I can tell, depending on what overall expenses is, there's a
couple of years left of financial aptitude at all for Southwest Florida
Regional Planning Council. We're down to, I think, two staff
members -- full-time staff members, the executive director and an
assistant, and then another lady who is administering grant funds.
So that's the rationale for doing this. If this is the will of this
Board to pack it in, I'll quit. But I think, statutorily, we're obligated
to -- for now, until the legislature, Commissioner Taylor, changes
their mind and actually repeals all of the RPCs in the state of Florida,
and I don't really see that happening. For and until we're told
otherwise, we should at least try to make the organization that we're
statutorily obligated to be a member of be as functional as is possible.
I've submitted a draft. I worked with my other colleagues on the
RPC to come up with this draft interlocal agreement and the new
constitution and the new set of bylaws for the governance of the
RPC. I think this meeting's predominant function is to, with your
consent, send it to the County Attorney for his opinion as to the
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legality of those agreements.
So there you are. Burt -- Commissioner Saunders. Forgive
me.
COMMISSIONER SAUNDERS: Yeah. Just a quick
comment. It may not really be relevant to this particular issue, but I
think it's something to consider. And this is going back probably
eight years ago when I was doing some lobbying, and one of the
issues was the elimination of regional planning councils.
And from the legislative folks that I spoke with, there wasn't any
particular problem with eliminating RPCs, but they wanted
something in place of it so that there would be regional planning. I
only mention that because maybe sometimes it's better to start all
over again than it is to try to fix something. You know, maybe the
RPC process can be fixed so it works, but on the other hand, maybe
there needs to be re-thinking about how we do regional planning here
in Southwest Florida to make something work. And I'd just throw
that out. I don't know what those suggestions would be. But the
Regional Planning Council -- and it's been a long time, but I had
attended a few of those meetings for a variety of reasons, and I didn't
really get much out of them. And, you know, maybe there's a
structure there that can be salvaged; on the other hand, maybe we
need to be looking at some other way to handle regional planning in
our own little region here.
CHAIRMAN McDANIEL: Just as an aside, you know, I didn't
do this in a vacuum. I've attended our own RPC meetings for five
years now. Well, for the period of time that we've actually had
them. But I actually attended a couple of meetings at the central
Regional Planning Council; Pat Steed is the ED. There's a vibrant,
functioning, functional RPC that brings value to its members.
Reconstituted, re-branded re-bylawed, fits the current statute. Our
current statute that the RPCs are existing under have basically taken
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the power away from RPCs from a decision-making standpoint, but
an information dispensary, if you will.
And there's been this old guard on the Southwest Florida
Regional Planning Council that didn't want to give up the power.
We sat there for three years rendering comments and opinions on
Comp Plan amendments in Sarasota. And I remember -- I remember
sharing with one of my colleagues, I said, I'm barely qualified to
render an opinion on a Comp Plan amendment in Collier County let
alone one that's going on in Sarasota and the regional impacts derived
from it.
And so -- but we were still doing it. We were bringing them in,
and their consultants and the developers, and they were making
presentations, and we would vote on it even after we were
disallowed, technically, from doing it by statute, and we've
never -- because we've never amended the Constitution, the bylaws,
and/or the interlocal agreement.
MR. McCORMACK: Permit me an anecdote, subtle rebuttal to
your anecdote about the fate. But at our last Regional Planning
Council meeting, the representatives to the Regional Planning
Council from the largest city in Charlotte County came and made a
request; produced an architect and a site planner and produced a
request to have Margaret and staff try and find $4 million for a
project that was going to improve the water quality in Charlotte
Harbor. I think my commissioners are going to be in an awkward
spot if they do not express some support for that effort.
COMMISSIONER TAYLOR: I'm sorry. What did you say?
They're not going to support it, or they are going to support it?
MR. McCORMACK: Oh, no. If they -- they did not attend
our meeting --
COMMISSIONER TAYLOR: Right.
MR. McCORMACK: -- but the project did receive support,
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and the request to try and find $4 million between now and in
December is moving ahead. And I would think my commissioners
would not want to be opposed to that.
CHAIRMAN McDANIEL: The Charlotte County
Commission's already expressed an opinion to not go forward with
this reconstitution and re-branding and such.
COMMISSIONER TAYLOR: Right.
CHAIRMAN McDANIEL: But now one of the cities within
Charlotte County is coming to the RPC and asking for a grant to hunt
for money to do water quality in Charlotte Harbor.
COMMISSIONER TAYLOR: But the cities -- but the cities
have always been the ones that were -- always had a seat at the table
more than the counties, always. I mean, not only in number, but that
was a huge discussion with our RPC. There's so many cities in Lee
County. Collier doesn't have that many. It's unfair. It's a -- it's -- I
understand. I understand it's your heart. You've been working on
this for five years. But I am in -- my gut tells me you just let it die a
natural death, or we ask -- petition to change the statutes. Maybe
that's something that we can ask. We do have the president of the
Senate who's a resident of Collier County, and then see what comes
from it. And if there is a hue and cry to create something, then we
create something good. But let's get rid of this image of an RPC,
that this is what we used to do, and we can't do it anymore.
CHAIRMAN McDANIEL: That's the entire premise of this.
And you're talking about something that can't happen -- and I don't
mean to be argumentative with you, ma'am, but we can't even start
those discussions other than getting a positive head nod out of the
Senate president and our legislators until session starts next year, and
in between then and now, we have an RPC that is operating outside
of the --
COMMISSIONER TAYLOR: The meetings are going to
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start -- they start -- they start going up there in August.
CHAIRMAN McDANIEL: Those are committee meetings, but
the actual vote and legislative things don't happen until session
actually starts.
COMMISSIONER TAYLOR: Right.
CHAIRMAN McDANIEL: So, there again, the answer may
be -- the answer -- the answer may be to ax the RPCs at large. That
might be the ultimate answer, but you guys -- as I said, there are
seven other RPCs, maybe eight -- I can't remember if there's eight or
nine for sure -- that are existent, that are doing well, that are
providing a value to their members and the taxpayers and their per
diems and what they're paying in. Those people aren't going to
necessarily want to go away because one out of eight is
dysfunctional.
COMMISSIONER TAYLOR: You don't know.
CHAIRMAN McDANIEL: You are correct.
MR. McCORMACK: Thank you very much --
CHAIRMAN McDANIEL: We're not done yet.
MR. McCORMACK: Oh, sorry.
CHAIRMAN McDANIEL: Commissioner LoCastro, and then
Commissioner Solis.
COMMISSIONER LoCASTRO: Yeah. I just wanted to say
that Commissioner Saunders, Commissioner McDaniel, and I are the
only two formal actual official representatives of the current RPC,
and we've been attending the meetings religiously. I will say I really
take my hat off to him that he's been very vocal to the minimal group
that has attended, but to the folks that really sort of cared about, at
least, you know, for lack of a better term, maybe not just kicking the
can on this one, but doing exactly what he's saying, is giving it one
sort of last attempt.
There was a lot of support among the people that I at least
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thought were burning a little more brain cells on it. You know, there
was a few folks sitting in the room that I think that were just sort of
listening and looking at their watches and waiting for the meeting to
be over.
But I support this -- maybe it is a last-ditch effort, but I will tell
you that he gave a very informative presentation. He set the table
for bringing this draft. And we actually attend the current meetings,
and I thought it was met with a lot of interest and acceptance to at
least give this a shot. We can always back out. But I think I
support this draft and presenting it and going forward and then seeing
what comes of it. If nothing comes of it and there's not an appetite
for it, then there's always, you know, a second alternative of saying,
we're done. We get out.
But I think this is a great attempt. I know you have put a lot of
effort into it, but I'm not voting for it because of effort. I'm voting
for it because I think it has meat on the bone, and other people in
those meetings that you and I have been attending thought so as well,
so...
CHAIRMAN McDANIEL: Thank you.
And, Commissioner Taylor, you know, you brought up a point,
too. In this suggested draft, I'm reducing -- I'm condensing the
actual membership of the RPC just to the two representatives of the
individual counties and not all of the cities and then allowing for that
new organization to restructure and allowing the municipalities
within those individual counties to come in on an as-needed,
as-wanted basis. So that disparity of voting members -- of
course -- and, again, we're not --
COMMISSIONER TAYLOR: We settled that a long time ago.
CHAIRMAN McDANIEL: We're not a voting body anymore.
That's the irony behind this. We want as many people to participate
on a regional basis as we can because we're really not -- we're making
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recommendations other than dissemination of information.
So, Commissioner Solis.
COMMISSIONER SOLIS: Okay. And that was -- that was
my question. I mean, what -- with the gutting of Chapter 380, what
does the RPC do?
COMMISSIONER TAYLOR: Talk.
COMMISSIONER SOLIS: I mean -- no, I'm -- that's a serious
question.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: Because -- and I'm not -- you
know, I haven't been necessarily paying attention to what's been
going on at the RPC either, but -- because if we're going to be a
member of it, it's only going to be as strong as the legislation that
enables it and says it has these powers and duties, or whatever some
agreement is amongst the counties that it's going to do X, Y, and Z.
And so, I mean, is this -- this is an agreement to restart
something that we -- but we don't know what we're restarting?
CHAIRMAN McDANIEL: No. And, thank you. I mean -- I
don't mean to be short. Forgive me for the inflection. We are
statutorily required to be a member of an RPC.
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: Period, the end.
COMMISSIONER SOLIS: Okay. We're a member.
CHAIRMAN McDANIEL: So why be a member of an RPC
that has out-of-date and out-of-conformity with statute bylaws,
constitution, and charter? Okay. We're out of conformity with the
statute and the gutting of 380, as you said.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And so this is my rendition -- our
rendition, not mine. I'm not operating in a vacuum -- but our
rendition of bringing this RPC back into conformity with the statute
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that exists for RPCs to exist at all.
COMMISSIONER SOLIS: And then the next step would be
what?
CHAIRMAN McDANIEL: Functionality.
COMMISSIONER SOLIS: Getting some buy-in from other
counties to --
CHAIRMAN McDANIEL: From the other communities.
COMMISSIONER SOLIS: That it would do something?
CHAIRMAN McDANIEL: Correct. Again, Sarasota picked
up their marbles and left because they said they were going to join,
and quit paying, and then we all realized we didn't have to pay
anymore, and then there went Lee County, there went Sarasota
County, and Collier hung on just to reiterate what I've already said.
So the crux of this is the draft that I brought forward, because
the original per diem was 30 cents a headcount for your population
per person. I brought it in at 15 cents, allowed it to be ahead, and
allowed it to be paid on a quarterly basis so that every three months
you could look at your RPC and your contribution to your RPC and
determine if you're deriving value for your taxpayers. If you
weren't, you didn't have to pay, and then all you lost was a vote, and a
vote on nothing. So I really am a huge advocate of regionality of
planning and what's going on.
We have another organization -- we have other organizations
that are trying to spawn and come up in through because of the lack
of regionality of planning. The Resiliency Committee, the compact
that was derived out of Lee County, our deputy -- our deputy -- our
Acting County Manager, myself, and others were there, and that
organization is trying to get a foothold in really needed conversations
and the commonalities of sea level rise and climate change and all of
the things that are transpiring within our country at large, and world,
but they don't have any legal bounds -- that resiliency impact doesn't
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have any legal bounds to necessarily apply for and receive grant
money, whereas the RPC does.
This is a perfect place for an organization like that to land and
house itself as one of the subject matters of commonality. Our
colleagues in Charlotte and Lee County have housing issues. They
have larger and smaller populations. They have mental wellness
issues.
I mean -- so, first off, fix the structure, have a structure that
actually can function, and then come back, prove the relevancy, and
then go forward. But without a -- without a sensical structure, I
don't have any interest in going anymore. I like Don, my colleagues,
but I don't -- I don't have any interest in spending my time there if we
don't have a physical structure that at least can give some semblance
of relevancy.
My friend -- our friend Brian Hammond showed up at an RPC.
He's the County Commissioner in Lee. He showed up at an RPC
meeting after his reelection in '20. And he sat there for the meeting,
and he said, I was on this committee six years ago, and there was
discussions of relevancy six years ago. And now you've actually
moved it to an agenda item on your monthly meetings, relevancy.
He got up and left and never came back.
COMMISSIONER TAYLOR: Right.
CHAIRMAN McDANIEL: And that's part of the reason why I
believe Lee County has said, no, we don't want to play; we want to
lobby the state to shut down all of the RPCs. But without an
adequate replacement mechanism, Commissioner Saunders, I don't
see -- and no one's come to me with that mousetrap.
COMMISSIONER SAUNDERS: The reaction that I got,
again, going back eight years ago, was, yeah, we can get rid of the
RPCs, but there should be something in its place. So the only thing I
was suggesting is maybe -- maybe -- I have no problem supporting
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everything that you've got on the agenda today. I don't know that it's
going to make any difference. I don't know that Lee County's going
to all of a sudden join up again or that's going to create any real
change.
I'm just saying that sometimes you have to start all over again,
and maybe that's one thing for us to consider. Let's go ahead and
approve this, but at the same time, you know, maybe there needs to
be some alternative that we can work out with Charlotte County and
Lee County.
CHAIRMAN McDANIEL: I would agree with that. And I'll
make a motion to approve it as presented, since I'm the -- since I'm
the culprit here.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER SOLIS: One last question.
CHAIRMAN McDANIEL: Sure.
COMMISSIONER SOLIS: And the revision of the bylaws can
be done without everyone that has to be a member of the RPC voting
on it?
CHAIRMAN McDANIEL: No, no, no, no. We all had to
agree to take the revised -- the proposed revised bylaws, constitution,
and charter back to our individual counsels, legal sufficiency, then
come back together as a group and bless it. So this is the beginning
of that process.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Now, if Sarasota and Lee don't and
the statute and the legislature doesn't disavow the existence of RPCs,
then they make it to be a member of one that they didn't have any
participation in with regard to the bylaws, constitution, and charter.
COMMISSIONER TAYLOR: It's almost death by a thousand
cuts. It's a slow, slow death.
CHAIRMAN McDANIEL: Right.
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COMMISSIONER TAYLOR: So do we bring in --
CHAIRMAN McDANIEL: And before we pull on the vote, I
would like to invite my colleague who's considerably well -- more
better spoken than I am, to share a few words of wisdom, my fellow
colleague on the RPC.
MR. CUMMINGS: Good afternoon, everybody. I'm John
Cummings. I'm on the city council of Punta Gorda.
CHAIRMAN McDANIEL: How about that. An elected
official no less.
MR. CUMMINGS: Crazy. I just wanted to speak to the
relevancy of this. We in Punta Gorda, we are the only city in
Charlotte County, and we're very much dependent on what happens
in the county as well as in the region for our long-term sustainability.
And since I've been on the Regional Planning Council, I've
participated greatly in the discussions of inland ports and -- because
Charlotte County's position is in the place where we have 75, we
have 74, we have 17, we have the airport, and we have the railroad.
And so District 1 of FDOT has basically said that we need to put a lot
of our energy into transportation architecture.
So in doing so, I got myself appointed onto the Florida Freight
Advisory Committee. And so we deal with everything dealing with
air, sea, rail, and truck and, basically, what's happened is in
discussing the importance of Southwest Florida in this conversation,
we've actually got it so that because of the RPC, the Port of Miami
actually has rewritten its grant to include taking rail from Miami to
Clewiston for the point of bringing cargo there, so then using our
region as the place.
The point of me saying this is that the RPC is a place in which
those conversations in which I can talk to my colleagues from
Collier, from Hendry, from Glades, from Sarasota County, and we
actually can put together tangible projects of regional impact. And
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so I personally feel, being on the city council, without question, that
this has tremendous tangible value to us, and I feel it has tremendous
tangible value to our region as a whole.
Thank you.
CHAIRMAN McDANIEL: I couldn't have hardly said it any
better. And I didn't even bring up the transportation aspect of the
regionality and the requisites that are there with regard to the regional
communication for transportation needs.
Thank you for -- thank you for reminding me of that, John.
MR. CUMMINGS: You're welcome.
CHAIRMAN McDANIEL: Appreciate it.
MR. CUMMINGS: Thank you, everybody.
CHAIRMAN McDANIEL: All right. We're going to call for
a vote. It's been moved and seconded that we move this forward as
has been brought forward in the executive summary. Is there any
other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN McDANIEL: So moved, 4-1.
All right.
Item #11D
BOARD OF COUNTY COMMISSIONERS TO ACCEPT AN
UPDATE TO RECENT HOUSING ACTIVITIES - MOTION BY
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COMMISSIONER MCDANIEL SECOND BY COMMISSIONER
TAYLOR TO ACCEPT THE REPORT WITHOUT THE NEXUS
STUDY – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 11D, recommendation for the Board of County Commissioners
to accept an update to recent housing activities. Mr. Jacob LaRow,
your manager of Housing, Grant Development, and Operations, will
present.
CHAIRMAN McDANIEL: And that is 11D?
MS. PATTERSON: 11D.
CHAIRMAN McDANIEL: 11D. Okay, yeah. And you're
going to help me keep track of this, because we're jumping all over
the place on my agenda.
So how you doing, Jacob?
MR. LaROW: I'm doing well, sir. Thank you. How are you?
CHAIRMAN McDANIEL: Good, good, good. Thank you.
MR. LaROW: As County Manager Amy Patterson identified,
my name is Jacob LaRow, Housing, Grant Development, Operation
manager with Community and Human Services.
And I want to thank you for the opportunity to come and provide
an update for a number of items that had come before the Board back
in February of '22 as well as just a couple of items that were still
being discussed and worked on from the Urban Land Institute and
adoption of the Community Housing Plan.
And this morning I had a slide here prepared for the discussion
for the house initiatives, but that item has been continued to the
July 12th meeting, so we'll have -- the Board will obviously have an
opportunity to discuss those initiatives at that time, so I'll move real
quickly here.
One of the -- one of the items that staff was tasked to explore
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from the February meeting was to engage with partnerships with
other organizations in Collier County that had a mutual interest in
affordable housing and housing that's affordable, such as
municipalities, large employers, NCH, school district, and such.
So I just wanted to highlight a couple, I think, positive progress
that staff has made, calling out just a couple of the entities that we've
been actively engaged with.
And the first I wanted to touch on was Collier County Public
Schools. As I believe at the joint meeting with the City of Naples a
couple weeks ago, I'd informed that I had attended a very late
meeting with the Collier County Public Schools board meeting,
provided them with some information in terms of efforts that this
board has directed and implemented and staff is continuing to carry
forward in terms of how those opportunities might play into the
concerns about recruitment and retention that the school district has
regarding their employees.
And largely borne out of that is that the school district has
taken -- had discussions -- most recently has culminated in a letter
that, I believe, was sent to the Board dated June 14th from
Dr. Kamela Patton, superintendent of schools, indicating that they
were looking at a piece of property that they had in looking at options
for potential short-term, medium-term housing options for their
employees. And I'm just happy to say that, as it so happens, I was
connected with a firm in Bonita Springs that might provide such an
option to the school district.
And so at this time it's, you know, unclear exactly what role the
county would have in this, but I think it's important to highlight that
sometimes with these partnership opportunities, even if we're not
actively engaged, I've been able to, in working with the appropriate
staff at the school district, to connect them with the developer that
actually can provide some temporary housing on the parcel that
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they've identified short-term, five years, seven years, and at such time
that hopefully the housing affordability and housing supply will have
balanced out a bit, they can deconstruct those housing units and look
at their long-term plan in terms of expansion of schools.
So this is a local firm. I'm working with them currently. They
actually have a project, a number of projects here in Collier County.
This firm, Northstar Technologies, which Daija was -- connected
with me I think the last meeting. They're actually producing some
housing for the Island of St. Croix, 110 units for -- that government's
providing for essential service personnel and their first responders on
the island. So I'm excited to keep you apprised of the progress as
that moves along.
The other one here, City of Naples, obviously, there was a
workshop that was -- of which housing was one of the items that was
discussed most recently this month. Ted Blankenship with the City
of Naples has been appointed or at least recommended by the City
Council participate in the Affordable Housing Advisory Committee.
Commissioner LoCastro had requested CHS staff to evaluate
potentially moving the AHAC committee both date, time, and
locations to better accommodate and allow participation by the city,
and also due to the interest in participation from the public
perspective, to just -- we've kind of outgrown the room at the Human
Resources building.
So that will be an item that will come up for discussion at our
July -- July meeting, July 11th for AHAC, so that's important
that -- and then at some time in October there will be at least two
vacancies on the Affordable Housing Advisory Committee, and I
believe at a previous meeting we had advised that the Board has an
opportunity to appoint a City of Naples representative to fully
participate as a voting member on AHAC, should you so choose. So
that will be an upcoming item after the summer recess.
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Further interlocal agreements, the local housing assistance plan
that was mutually -- there's a resolution and interlocal agreement
between the city. I touched on this briefly again at the workshop.
We also have a CDBG urban county qualification, that's a three-year
plan, as well as the local housing assistance plan is a three-year plan.
So the city has been more engaged, and there was some great
discussion in their April meeting where they adopted the LHAP, so
we're looking forward to continuous engagement and input from the
city in terms of how we can make that a better document and
potentially address needs within the City of Naples.
And further as well, staff -- city staff has reached out and has
expressed interest in terms of providing comment on a number of our
items -- regulatory items as they move forward to see how,
potentially, they could engage and ensure that there can be some
compatibility and alignment of those priorities moving forward,
so -- and, again, these are all dynamic, ongoing. These are not static,
checking the box, and we're moving on. A lot of these are ongoing
and yielding some results.
Another one I just wanted to quickly highlight, and this is a
particular organization that doesn't have a lot of exposure. They
kind of work behind the scenes, the Housing Finance Authority of
Collier County. This is an organization that was created by
ordinance back in 1980. They're basically a bond agency -- tax
exempt bond agency that helps -- can help with finance of housing
that's affordable.
Most recently, I believe, on your consent agenda on the 14th, the
Board approved a resolution approving $50 million financing plan
involving bond issuances that covered multifamily revenue bonds,
mortgage credit certificates. And that resolution will go
up -- January 1, we'll present it to Tallahassee, and they're competing
in a regional pool with other HFAs for -- that are in our regional area,
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which includes Lee County, Hendry, Charlotte, those types of folks.
So the idea here, the advantage, again, other than the fact that
the Board approves these resolutions, these folks largely operate
independently. But when I have calls and speak with developers on
a weekly basis, I try to connect them with the Local Housing Finance
Authority because, although you can get the tax exempt bonds from
the state, the folks here can do it quicker, cheaper, faster. And one
of the advantages as well is that the proceeds earned from bond
issuances in the past, they have recycled those to non-profit housing
providers. I think Habitat has been a recipient in the past, and so
they're open to discussions in terms of, kind of, what agency might be
deserving of those funds to help in the future.
So you can't have a discussion about housing that's affordable
without, you know, addressing how do we finance that. And there's
a number of different ways that you can finance or help support
housing that's affordable, and one of the directions from the Board
was to look at different options in terms of financing with using local
government resources. And at your board meeting, or your -- excuse
me, your budget workshop this past week in your budget book there
was 500,000 that was identified in the Workforce Housing Fund 105.
And, really, this provides a lot of flexibility for staff under the
direction of the Board, of course, to look at different options in terms
of either leveraging public or private partnerships, financing sources
to help support developments, maybe addressing plans, supporting
plans to help kind of coalesce and cohese all of our different funding
options and grants and things of that nature to help bridge those gaps
and create kind of a crosswalk, if you will, for developers that are
looking to participate and provide housing in Collier County.
And so this would be effective with the adoption of the FY '23
budget, and this is in addition to the Local Housing Trust Fund,
which I believe is Fund 116, which we have some funds in there as
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well to assist.
One of the other items, too, that was discussed was the
infrastructure sales tax. This is the $20 million that was raised
through the referendum that was approved, I think, in 2018. And so
at the February board meeting, you guys approved a budget
amendment to segregate those funds in that Capital Fund 318. And
at the moment, staff is really developing criteria for acquisition.
And this -- again, just as a quick reminder, this $20 million can be
used solely for the acquisition of land. And so -- and with that in
mind, basically staff is looking at a couple different options here.
One is where there's a possibility that the county would purchase
funds. And, of course, we're always looking, given the
ever-changing, ongoing environment with cost of land, inflation, all
that type of stuff, really what we're focusing on is opportunity
purchases or opportunity buys.
But what we're looking to do is to ensure we're protecting proper
investment of taxpayer dollars, and as a result, we're seeking input
and collecting input from county departments and divisions to put
together a framework to ensure viability for future development.
And, of course, on the other side is we'd be open to developer
proposals as well. There's a number of different ways developers
might approach the county such as land they might have under
contract, land that they may own. And so that's something we're
looking into. And we'd have similar, I guess, focus on ensuring that
these funds would be taken to the Infrastructure Oversight Committee
for validation and, of course, eventually to the Board for approval.
That we're ensuring that we're focusing on the priorities of the
county, ensuring long-term affordability, protection of taxpayer
investment, and making sure that we're doing what we should be
doing and safeguarding public dollars.
Another topic that has come up for discussion is the role of
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impact fees for housing that is affordable. One of the unique natures
about the financing of affordable housing is that because you have
the restricted rents, although your cost for an impact fee on a
market-rate development might be the same as that for affordable
housing, because of the loss of revenue, every dollar is that much
more important to offset or at least cover with some kind of course of
financing. And so impact fees has been a topic that has come up
often.
The Office of the County Attorney had provided the Board a
number of memos concerning about support of housing that's
affordable, waiver of impact fees, and implementation of affordable
housing. I have those memos here as well as you do already.
One of the directions was also for staff to engage with the
consultant to identify either a linkage fee and/or affordable housing
impact fee as a source of revenue. And, really, in your slide here I
just identified and pulled out a quick summary that's also in your ES
identifying, really the -- some of the trickiness of evaluating or
potentially implementation of a linkage fee or an affordable housing
impact fee. The linkage fee, real quickly, any fee that's paid must be
fully offset. I just put a couple examples in here, through density
bonus, reducing or waiver of fees, or other options as determined to
comply with Florida Statute.
The affordable housing impact fee as well. This is not clear-cut
in terms of -- in that Florida Statute, affordable housing is not
expressly defined as infrastructure or public facility. So although
staff is continuing to work -- work with Benesch, which is a firm
that's already doing contract work for the county and continue to
explore these options, what staff actually has is a solution, and that
solution here short term is March 22nd this board approved
Amendment No. 5 to the American Rescue Plan, and of that
$75 million, $4 million has been set aside to develop an impact fee
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program for affordable housing.
So while staff continues to work through the nuances and
intricacies of some of the other more -- issues that raise potential
issues with the state and Florida Statute, we already have an approved
funding source that we're working on developing an application for
and marketing that to potential developers that are looking for some
of that short-term relief.
And so we have the Immokalee impact fee program and
application that we're looking to use that as a model to develop that,
expand that, to ensure we're meeting all the key PIs and outputs and
outcomes as required under the American Rescue Plan. We feel that
this is a positive development that at least, short term, the projects
that need that assistance will be able to have that assistance.
Lastly here, consideration of publicly-owned land. So in your
agenda packets we did have some aerials and some quick snippets of
acreage, current zoning, dates of acquisition and, really, this is, again,
direction for the Board to look at publicly-owned land and what
might be feasible for housing that's affordable.
So here, Camp Keais just a quick highlight on that one. The
executive summary, when that land was purchased back in, I think,
2021, workforce housing was identified as a potential future use. So
that's over a thousand acres. And I won't go into detail here. I do
have a representative from Real Property Management should there
be any real detailed questions but, really, the intent here is to bring
back to the Board some consideration of publicly-owned land and
seek direction, if necessary.
Some of these other ones, CRA, the 17 acres and the former Del
store. So those are more infill development, so those present
potential options as well, and all of them have items that will have to
be figured out in terms of zoning, disposition, things of that nature.
And just the last piece here, a little asterisk. Manatee, that was
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not included on the items for consideration. And I do have a lot of
history here that I printed off just in case we had questions on it, but
that, just to refresh folks' memory, is that property had been presented
to the Board back from November of 2018 was a culmination of that,
and as I recall, there was a number of, I think, eight public hearings,
it went to the joint meeting of the Park Advisory Board as well as the
Affordable Housing Advisory Committee, neither of which those two
boards could reach a consensus on moving forward with the Manatee
project, and ultimately at that board meeting November 13th is where
you directed staff to pursue the invitation to negotiate for the
Bembridge project, which has now -- is under construction, is nearing
completion of November of this year. We expect occupancy.
Last slide.
CHAIRMAN McDANIEL: I'm not calling on them till you're
done.
MR. LaROW: Okay. Thank you, sir. Appreciate it.
And so just in conclusion -- and I already kind of touched on
this -- is staff is continually working -- working towards
implementing a lot of these programs and these flexibilities, working
with connecting developers with existing incentives, density bonuses
and the like. And what we're looking at doing is providing
flexibility in programming and financing. One quick highlight, an
American Rescue Plan, the impact fee is currently available either as
a loan or a grant program, excuse me.
I won't get into the details but, basically, to the extent that the
$4 million is deployed, we want to make that as flexible as possible
for the developers to -- each project is a little different. Although,
we're ensuring that we're, obviously, making progress and we're
making the outcomes and objectives as identified to report back to
the Treasury, we had to do that annually, so this is something -- a
program that we're looking to pilot, monitor that, tweak it as we
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move forward and really allow the flexibility for developers.
Again, continuous engagement with strategic partners, ongoing
discussions with the City of Naples, NCH, and the very top, Too
Needy [sic] has expressed interest in terns of how they can play a role
in terms of, you know, a housing solution, because they have a vested
interest with the retainage and recruitment of their employees. And
also, level of service. Obviously, the medical care personnel provide
for Collier residents.
And then in the implementation of incentives, engagement with
traditional and nontraditional attainable housing developers, and the
Northstar Technologies was a prime example of that. Most folks
think of stick-built housing as, you know, really the only option.
And so Collier County Public Schools had a unique situation they
had presented in a letter from the 14th, and it just so happens that
there was a company out there that might be able to solve their
problems.
So we're really excited. And I've discussed with Dr. Patton,
actually exchanged some emails today, might be able to have a -- set
up a future meeting with Northstar Technologies and the school
district and making myself available to, you know, hopefully solve
their problems, or help solve their problems. I won't give too much
credit to myself.
CHAIRMAN McDANIEL: Thank you, Jacob.
MR. LaROW: Thank you, sir.
CHAIRMAN McDANIEL: I assume you're completed now.
MR. LaROW: Yes, sir.
CHAIRMAN McDANIEL: Okay. Do what? Yeah, if we
had another meeting in August, we might could.
Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you. I think it was in,
let's see, a couple years ago just before Commissioner LoCastro made
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his first meeting to AHAC, I was at the AHAC meeting, and the
committee was very excited because they said now we can look at the
60 acres on Manatee. And I would dare say that if you made it
known on this list to people who live around the targeted areas for
affordable housing, I'm not saying Camp Keais or the Hussey
property, but certainly the Port of the Islands, I would dare say they
would say no, and there would be an outcry.
CHAIRMAN McDANIEL: Yeah. You can just take that
Manatee property off the list.
COMMISSIONER TAYLOR: Well, I don't think so. I think
we need -- I don't -- this is a new day. It's four years later. And I
think we have to keep all our publicly-owned lands in play and go
through it again until such day -- I've got the arrows in my back from
that Manatee. I understand very clearly, but we also have a situation
there is a crisis. It's a different world now, and I think -- I think we
owe it to the public and also the people -- our Sheriff's Department
and our hospitals and our first responders to look at all the things
available.
CHAIRMAN McDANIEL: Thank you, Commissioner Taylor.
Commissioner Solis.
COMMISSIONER SOLIS: Just a quick question on one of the
slides related to the publicly-owned land. You had a reference to the
Port of the Islands hotel?
CHAIRMAN McDANIEL: Yeah.
COMMISSIONER SOLIS: What is happening with the
Port -- do we own the Port of the Islands hotel at this point? And is
it on the south side or the one in the back on the north side?
CHAIRMAN McDANIEL: North side by the shooting range.
COMMISSIONER SOLIS: We own -- the county owns that
now?
COMMISSIONER TAYLOR: Yeah, we own it all. One of
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them on the other side was torn down.
CHAIRMAN McDANIEL: On the north side. That's the old
hotel --
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: -- that we actually got and tore
down, yes. That's where the wastewater water treatment plant is up
there.
COMMISSIONER SOLIS: Was that through a tax deed?
CHAIRMAN McDANIEL: CDD.
COMMISSIONER SOLIS: The CDD owns it?
CHAIRMAN McDANIEL: Yeah. There's a utility. Oh, hey,
Jennifer.
MS. BELPEDIO: Hi.
CHAIRMAN McDANIEL: There's the director. What is your
formal title now?
MS. BELPEDIO: Manager of Real Property.
CHAIRMAN McDANIEL: Manager of Real Property. I keep
calling them all directors, and they're just departmental managers.
How do you do?
MS. BELPEDIO: Good afternoon. Jennifer Belpedio, for the
record. I get to say my favorite word, escheat. It's not one you like
to say in public.
CHAIRMAN McDANIEL: A what?
COMMISSIONER SOLIS: It was an escheat?
CHAIRMAN McDANIEL: Escheat.
MS. BELPEDIO: This property was acquired in 2020 through
the tax deed process.
COMMISSIONER SOLIS: Tax deed, yes.
MS. BELPEDIO: Yes. And it's approximately seven acres.
And we've spent about $400,000 to demolish the old hotel that was
on the property.
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We paid $1,200 in the tax deed process to acquire the property.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: There you go. Thank you.
Commissioner Saunders.
You okay?
COMMISSIONER SOLIS: Yeah, yeah. That's news to me.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: There's been a little bit of
discussion about that Manatee Park property. I was opposed to
using that for any type of housing or any portion of it, but I'm not so
sure I would -- things have changed a little bit, and I'm not so sure it's
not a bad idea to at least reevaluate that. I forget the size of the park.
COMMISSIONER TAYLOR: Sixty acres.
COMMISSIONER SAUNDERS: Sixty. I don't know how
much would have been utilized for park and how much would have
been utilized for housing. And, you know, when we did that, we
didn't have the Paradise park not too far from where that Manatee
Park property is. So, you know, maybe there's been a change of
circumstances, and we should reevaluate that.
CHAIRMAN McDANIEL: Okay. You can reevaluate it all
you want. I don't have any intention --
COMMISSIONER SAUNDERS: Just for the record, it's Penny
Taylor's idea, so --
CHAIRMAN McDANIEL: Somebody write it down that it
was her idea.
COMMISSIONER SAUNDERS: Shooting the arrows.
COMMISSIONER TAYLOR: I won't talk about the persons in
AHAC that said, you know, now we can discuss this. Now we can
discuss this.
CHAIRMAN McDANIEL: We don't need to discuss it, but we
can if you wish, and that will be a public discussion at some point.
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County Manager?
MS. PATTERSON: If I may.
CHAIRMAN McDANIEL: Yes.
MS. PATTERSON: So any of these properties that are
currently owned for an infrastructure purpose, let us have a look at
them and bring back the implications of what that means to that
particular component of infrastructure. Number one, these are slated
in the AUIR, some of those, for a particular use. If that's changed,
we can discuss that.
Secondly, there's level-of-service implications, because our level
of service for parks is by acre. So anytime we undertake moving
things around, there are implications on your level of service going
forward.
And, third, it's a funding source issue. While it may be a good
idea to use that property for another purpose, we have to keep in
mind that if it was purchased with impact fees, it will require a
repayment back to the Impact Fee Trust Fund that acquired it, which
may make the property less than desirable because of the financial
implications of the use of that property. So we can bring that
analysis back to you.
CHAIRMAN McDANIEL: And that's a far more eloquent way
of saying -- of saying what needs to be said than me saying no.
COMMISSIONER TAYLOR: Never say no.
CHAIRMAN McDANIEL: Well, okay.
I have a couple of questions for you, Jacob, and this has to do
with a while back I asked for a housing affordability study based
upon the AMI that we currently have now and the requisite price of a
house and its affordability. The ULI report that is regularly named
in this executive summary originally put out that at that time, at the
demographic, at the income level, every thousand-dollar incremental
increase in the price of a home precluded 131 people from being able
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to afford that home that live here in Collier County that are in our
demographic. I'd like to know what that new number is now.
MR. LaROW: Okay. We'll get that to you. That was -- just
to clarify, sir, that was in the ULI report.
CHAIRMAN McDANIEL: I do remember that.
MR. LaROW: All right.
CHAIRMAN McDANIEL: So some -- I've referenced it
regularly, and nobody has brought up that -- brought that information
to me now with it being updated with the new demographic, with the
new income and expenses side.
MR. LaROW: Okay. We'll get that for you.
CHAIRMAN McDANIEL: Commissioner Taylor, did you
have a comment on that, or can I go on with the rest?
COMMISSIONER TAYLOR: Just one comment on -- the rest
of what? What you wanted to say?
CHAIRMAN McDANIEL: Yeah, I haven't said it yet, so how
can you have a comment on that?
COMMISSIONER TAYLOR: Why would you ask me?
CHAIRMAN McDANIEL: Well, your light's lit up.
COMMISSIONER TAYLOR: Yeah, but not on that.
CHAIRMAN McDANIEL: Were you wanting to discuss what
I just got done saying?
COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: Okay. Okay. That was what I
was asking.
COMMISSIONER TAYLOR: I'm not a mind reader.
CHAIRMAN McDANIEL: Okay. The slide that talked about
the 500,000 available in Fund 105, or whatever 5 it was, whatever
fund number it was -- that one right there, yeah, 105. What is
our -- what is our -- what is the proposed plan for utilization of those
funds other than saying here they are?
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MR. LaROW: Well -- so I did confer with Mr. Ed Finn prior to
the meeting in terms of restrictions. And so since this is General
Fund, the restrictions are, essentially, whatever the Board wants to
place on them. We do have, for example, 116 that has a resolution
2018 -- I don't remember the resolution, but it basically outlines
eligible activities such as the support of a Community Land Trust,
local government area of opportunity funding sources for competitive
tax credits, that type of thing. I would envision that that would
probably be a good place -- a good document to use to help guide the
use of these funds.
CHAIRMAN McDANIEL: Have these funds been vetted at the
Affordable Housing -- has this fund been vetted at the Affordable
Housing Committee?
COMMISSIONER LoCASTRO: We haven't fully vetted it.
CHAIRMAN McDANIEL: I'd suggest that that's something
that we do and come back to the Board with some suggestions as to
how we can use these monies. I've got some thoughts with
regard -- because I know we've had successful down payment
assistance programming availed in Collier County before, and that's
one way to really help with the housing affordability, but I think
having this item brought to the AHAC and then come back to us with
some suggestions is a really good idea.
And then the last -- not on this slide. I think your
next-to-the-last slide you talked about the $4 million worth of impact
fee out of the American Rescue program. The proposition in your
initial -- and I know you're not done yet, so we're still just talking
about it. Here's the $4 million. Now we're going to figure out how
we're going to do -- what we're going to do with it.
I want to hear how you're going to ensure that the relief of those
impact fees from the developer are going to be passed on to the
consumer. So I'm sharing that as a thought with you because we've
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had -- I'm getting a look out of -- I'm getting a look out of the Acting
County Manager right now. But one of the -- one of the discussions
that we want to have -- because we have the pilot program in
Immokalee, and you and I have talked about that, and how do we
know that these big, bad developers aren't going to take this grant
funding to offset their impact fees? We get our tax dollars, so we're
all happy at the government level, and then that savings isn't passed
on to the consumer.
MS. PATTERSON: I'll take that one. So we do have a
number of programs for the deferral of impact fees, as Commissioner
McDaniel referenced. We do have a pilot program in Immokalee
that provides various types of impact fee relief across commercial
and residential allowing for the payment of impact fees over time.
We have an owner-occupied Impact Fee Deferral Program that
runs for the lifetime of home ownership, absent loss of homestead or
sale, transfer, or refinance of the home. We have a rental program
currently utilized for the construction of multifamily rental projects.
What we have come to find out recently, particularly when it
comes to tax-credit projects, is the parameters of some of our more
traditional programs don't fit. So the Bembridge property is a great
example. They needed a longer-term deferral. Within the confines
of our impact fee ordinance as well as guidance from internal and
outside counsel, we have a fair amount of restrictions on how we can
traditionally defer.
That's where this idea came about is for specific types of
projects and, very specifically, affordable projects to create a funding
source to provide for a longer-term deferral. Highly restricted,
regulated. There'll be all of those things there to protect the
taxpayers, the fee payers, all of us in Collier County, but also provide
that relief to the developer in order to make that project work. And
we know that with affordable housing projects, the success lies often
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in the layering of incentivization, and this is one tool to help assist as
we're seeing these tax-credit projects come forward. This is an
attempt to provide a supplemental program to the suite of programs
that we already have that are being evaluated for, number one, their
effectiveness, their appropriateness, and any modifications that might
be needed.
CHAIRMAN McDANIEL: I totally get it. And, you know,
the Bembridge property is -- Bembridge property, the Bembridge
property -- it's pretty easy because that's owned by the county. It's
held in perpetuity -- in perpetuity in affordable status.
But I'm wondering when we move down to the next level where
we have a project that comes to us and 20 percent of the units are
held in an affordable status and what type of -- what type of
programming are we going to allot towards assistance there, and then
maintain -- and then that's only held in a 30-year capacity at which
point, how do we -- how do we get our money back?
MS. PATTERSON: Understood. This revolving fund is not
anticipated at this time for that type of project. It really is for the
Bembridge. We are still evaluating, for those mixed-income
properties, how to address those needed impact fee deferrals. While
currently we allow for a 10-year deferral period, that -- it can get
tricky when our terms don't match the terms of the requirements for
them to remain affordable, so that's a work in progress. But our
immediate need and what we're really hearing is about these
tax-credit projects specifically, and that's the reason for this particular
program being lifted.
CHAIRMAN McDANIEL: I got it, okay. And that
makes -- that makes a lot more sense. I saw us heading down a
different trial there with these partial projects that are independently
owned and operated by housing affordable developers. So I saw that
ending up being an issue.
June 28, 2022
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Commissioner Taylor.
COMMISSIONER TAYLOR: Since -- thanks to the very hard
work and continued work of president elect, Kathleen Passidomo,
who has made the raiding of the Sadowski Fund less easy to
raid -- they still can do it, but she's really a strong, strong advocate
for affordable housing. The tax-credit system -- the funding of the
tax-credit projects is even better than it's ever been, the opportunity.
It's still highly political, and it's highly competitive, but at least
there's more money for people to vie for.
When is ULI coming back for an update?
MR. LaROW: I think this fall would be five years from the
last -- when the last one was completed. And I think what we had
previously discussed was that that would be a good opportunity, after
a five-year period, to come back and revisit. We had reached out to
them, and I think they had offered, to kind of refresh the report, and I
believe it was -- I think it was 150,000, which I believe was the
original price from 2017, so...
CHAIRMAN McDANIEL: 125,000.
MR. LaROW: 125,000, excuse me.
COMMISSIONER TAYLOR: Okay. So they're coming back;
that's good.
CHAIRMAN McDANIEL: They're not coming back for sure.
We haven't asked them to come back, have we?
MR. LaROW: Correct.
COMMISSIONER TAYLOR: We have not?
CHAIRMAN McDANIEL: No, we have not.
COMMISSIONER TAYLOR: And so we're waiting for us?
MR. LaROW: Yes, correct. Yes, we can -- we've already got
the -- engaged. They're more than happy to come back. They've
been very pleased with the progress that Collier County's been
making in terms of implementation of ULI and the CHP, so they're
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ready to go as soon as we get direction from the Board.
COMMISSIONER TAYLOR: I remember the chart that Kristi
put up, Ms. Sonntag put up, regarding what we've done -- what
they've recommended, what we've done, and that we're doing. We're
moving in the right direction at least. So is this something that we
should discuss now in terms of seeing if there's support to bring ULI
back into this community to do an upgrade to their report five years
ago?
CHAIRMAN McDANIEL: No. I don't think we should
discuss it now. That's not part -- personally, this is not part of what
we're here for now. If you think that's something we ought to have
Board discussion on, then I'd recommend we have it as a
separate -- there's a lot of people that aren't here to be engaged in a
discussion as to whether or not we as a board decide to engage ULI
again. So I would rather we have that as a separate agenda item
advertised properly in the future.
COMMISSIONER TAYLOR: All right. Next meeting.
CHAIRMAN McDANIEL: All right. You bring it forward.
COMMISSIONER TAYLOR: Yeah, that would be a request.
Thank you. If there's consensus up here to do that.
CHAIRMAN McDANIEL: You certainly can bring it forward;
certainly can bring it forward. So there's consensus to bring it
forward, nonetheless.
COMMISSIONER TAYLOR: Without -- and if there's -- I
don't know if -- Commissioner LoCastro, if there's another meeting
before [sic] now and, what, July the 14th or 15th?
CHAIRMAN McDANIEL: Twelfth.
COMMISSIONER TAYLOR: Twelfth. If there's an AHAC
meeting, maybe that is something that could be added to their agenda
to see what their consensus is.
MR. LaROW: Commissioner Taylor, it will be the day before.
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It will be that Monday, July 11th, is their next scheduled meeting.
COMMISSIONER TAYLOR: Almost perfect.
MR. LaROW: We'll add it to the agenda.
CHAIRMAN McDANIEL: Okay. We do have public
comment, and then we'll have a little discourse and discussion about
the presentation.
MR. MILLER: Mr. Chairman, you have one registered
speaker, John Harney.
MR. HARNEY: Good afternoon. Thank you for the progress
we've made over the last year, particularly, in moving forward on
affordable homes. It has been a remarkable time; however, I feel
like we're on the five yard line on a number of the things that we've
talked about. We're close, but we haven't scored.
A number of things remain. We have the information regarding
linkage fees and millage fees; that's not finished. We have the four
amendments for the Land Development Code and the Growth
Management Plan; those were to have been discussed today. We
would very much, at the AHAC, like to see these approved and
moved forward to the state.
In addition, there's the Rural Fringe Mixed-Use District. This
has been a very low-profile effort on this. It has gone through all of
the steps without any trouble. We very much at Habitat would like
to see this happen, because we have plans with other developers to
help build a community in that area, which would be not necessarily
high-density housing but, certainly, a higher density housing than
what's out there today, and we feel that that can be developed as a
distinct community so that people who live in that community won't
all be driving back into Naples to get to work.
We talked a lot today about infill development, and I think the
more we do this, the more things get done with infill development, I
think the easier it's getting. We're going to have a lot of
June 28, 2022
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neighborhood information meetings that are very fractious. I
understand that. I just attended the one at the Paradise park, and that
was kind of nutty. Didn't get very far.
But, nevertheless, we need to go forward with these things.
And in doing these things, we are making progress, and I think it's
very important for us to continue to drive for the goal line on all these
things, because the more time we take over these, the more
possibility there is that they will lose wind in the sails and things will
just stall, and we can't afford to have that happen.
The last thing here is that, just as a disclosure, Habitat is also
working with another developer, a for-profit developer, to develop a
mixed property. It would have a number of apartments, and it would
have a number of Habitat homes within that property. So we're well
on our way to being able to build with other developers, and we
expect other developers may want to work with us. We only have
limited capacity for what we can build, but this kind of for-profit,
non-profit model is already well on its way to happening.
Thank you.
CHAIRMAN McDANIEL: Thanks, John.
All right. We're being called upon to accept this report. I
would like to have a little discussion before we accept the report in its
entirety, because I've got concerns with the nexus study for linkage
fees. And I don't really want to continue on down that path,
especially when I read the subject here with regard to the expense
associated with and the additional regulations that are associated with
it. I don't think it's as productive of a method that we have available
to us. So if we can accept the report, stop that process, if it's the will
of the Board, I'd make that as a motion.
COMMISSIONER TAYLOR: Mr. Chair, if -- just for the
public -- because I think our County Manager Patterson was very
eloquent in her explaining what a circle it is, and I think it would be
June 28, 2022
Page 154
helpful for the public to understand.
CHAIRMAN McDANIEL: Sure.
MS. PATTERSON: Absolutely.
So we were tasked -- the staff was tasked with identifying a
consultant that could perform the necessary nexus study that's
essentially the study that allows for the legality and other elements of
these types of fees.
The issue at hand is this: We have a consultant that's been
identified that can perform this type of work at a cost of about
$220,000 and change. The difficulty here is is that the Florida
Statutes a few years ago changed and allow specifically for the
adoption of a linkage fee, but it requires a full offset.
So for a real-world example, if we were to develop a fee
schedule that said a new restaurant is going to drive the need for
affordable housing in a way that cost $10,000 for a linkage fee, we're
able to charge that, but then what has to happen is it has to be fully
offset. So by way of either another fee, impact fees, permit fees, any
types of fees, or increased density or something of the like, we
essentially will have the developer pay with this hand, and with this
hand we'll give it back -- sorry, excuse me -- thereby, essentially,
coming to zero.
So while we are developing a funding source that would be used
for specific purposes, it's at the back of another funding source.
Also, caution that any fees that are used to offset another fee
then have to be backfilled by the General Fund or another funding
source. So we're creating just a giant circle of moving money
around.
Further, as far as the flexibility that's being sought to be able to
do a number of housing activities, impact fees, linkage fees, and the
like, have very specific requirements in both the way that they're
collected and the way that they're spent, tied to growth, tied to level
June 28, 2022
Page 155
of service, tied to benefit.
So you may actually be trading the flexibility of your backfill
funding source for the very restrictive nature of a new funding source
and ending up in a place that's maybe worse than we are right now.
So, therefore, all of this analysis has told us that we're better off,
again, pursuing the different paths we are of using the flexible
funding sources for these affordable housing purposes as appropriate
versus blazing new territory out with the highly-restricted funding
sources in the family of impact fees.
CHAIRMAN McDANIEL: Far better said than my motion to
accept without the nexus linkage fee involved. That was a very nice
explanation of where I was going.
So it's been moved that we accept the report without the nexus
study involved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded. Is
there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Now, some really important business.
Item #11E
June 28, 2022
Page 156
DISCUSS ENTERING INTO AN EMPLOYMENT AGREEMENT
WITH AMY PATTERSON TO BE THE COUNTY MANAGER
FOR COLLIER COUNTY - MOTION BY COMMISSIONER
SAUNDERS, SECOND BY COMMISSIONER TAYLOR TO
APPROVE – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 11E. This is a recommendation to discuss entering into an
employment agreement with Amy Patterson to be the County
Manager for Collier County. You all were provided both a one-way
communication on the current proposal as well as the adjustments,
some minor tweaks to the language worked out between the County
Attorney, Human Resources, and the Clerk on your change sheet.
CHAIRMAN McDANIEL: And so with that, there's an action
item in here not -- it was just an executive summary.
Jeffrey -- Mr. Klatzkow, our County Attorney, and I worked on this
agreement. We negotiated/discussed it with Ms. Patterson, and you
all have, I believe, the latest and greatest edition of that contract. It
was sent out last night, if I'm not mistaken, with regard to the last few
tweaks. I want you to also know that we consulted directly with the
Clerk of Courts with regard to the language, the payment process,
how everything was, in fact, established.
So comments, discussion?
COMMISSIONER TAYLOR: Just a point of clarification. So
what this does is just clarifies the pathway going forward in
retirement and what can be moved to a new employer, what can't be.
That's basically it, correct?
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER TAYLOR: Okay, great.
COMMISSIONER SAUNDERS: I'll move for approval.
COMMISSIONER TAYLOR: Second.
June 28, 2022
Page 157
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the newest contract and formally hire Ms. Patterson as our
County Manager. I don't have to quit -- I can quit remembering to
say Acting County Manager.
COMMISSIONER TAYLOR: Not anymore.
CHAIRMAN McDANIEL: 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. Congratulations.
MS. PATTERSON: Thank you very much.
CHAIRMAN McDANIEL: Yes, thank you.
COMMISSIONER TAYLOR: Now it's official. So now you
can run the meeting, right?
MS. PATTERSON: That's right.
CHAIRMAN McDANIEL: What'd you say?
COMMISSIONER TAYLOR: I said now it's official. Now
she can run the meeting.
CHAIRMAN McDANIEL: Technically, yes. There you go.
COMMISSIONER TAYLOR: Congratulations.
MS. PATTERSON: Thank you very much.
Item #15
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
June 28, 2022
Page 158
MS. PATTERSON: Commissioners, that brings us to the end
of our agenda here with staff and Commission general
communications.
CHAIRMAN McDANIEL: There you are.
MS. PATTERSON: I'm going to look at my colleague here.
Dan, do you have anything to share today?
(No response.)
MS. PATTERSON: Okay. Nothing from the County
Manager's Office.
CHAIRMAN McDANIEL: How about that?
County Attorney?
MR. KLATZKOW: Nothing, sir; thank you.
CHAIRMAN McDANIEL: How about my colleagues?
Commissioner Solis.
COMMISSIONER SOLIS: Nothing other than to -- I provided
everyone an update on -- the new business update from the Sports
Facilities folks at the complex. These, as I understand it, are all new
and recent, kind of, bookings for events. I mean, I roughly counted
over 1,500 teams and things that will be here between August and
March of next year. So it's going to be a very, very business time, I
think, at the sports complex. Again, I'd like to say -- and
congratulate them on doing a great job, and we're starting to really
get the use out of the facility.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Nothing from me.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Well, I could bring it up
next week, but I'm going to bring it up this week -- or next meeting,
because now that the -- what am I going to do on my summer
vacation? So what I'd like to see, if there is consensus, I would like
June 28, 2022
Page 159
to work with staff. I have a lot of the material, probably
three-quarters of it sitting in my office on shelves. But to create a
chronology of exactly the process that went -- that we undertook as a
commission to bring the Paradise Coast Sport Complex into reality,
including -- and this is not going to be at all anything that will be
overwhelming. But I would like to see if staff -- or if you would
agree that I would work with staff. You know, I want to document
for our libraries the number of, you know, executive summaries,
meetings, when it started, how it started, reports of Hunden, things
like that, and just, you know, have a chronology of it for -- and I
might spend 10 minutes presenting it when we get back. But if
you're in agreement, again, this is just staff time but not a lot of staff
time. More verification. I think I've got it, but do I have it? That
kind of thing.
CHAIRMAN McDANIEL: At that extra meeting in August is
when --
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: I have no issue with her doing that.
COMMISSIONER SAUNDERS: No issue.
COMMISSIONER TAYLOR: All right. Great. Thank you
very much.
CHAIRMAN McDANIEL: Yeah, sure.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I've got a couple items.
First, let me ask the County Attorney. Can counties enter into an
agreement with the -- with TECO for franchise fees? I know
municipalities do. I'm assuming counties can as well.
MR. KLATZKOW: With TECO?
COMMISSIONER SAUNDERS: Yeah.
MR. KLATZKOW: Usually they're electrical. I'll have to
look into that.
June 28, 2022
Page 160
COMMISSIONER SAUNDERS: I'd like you to look into it. I
know municipalities have franchise agreements with TECO. It's
generally a 6 percent fee that's passed on to their natural gas
customers. I'd like to know whether or not other counties have
adopted it. I know other cities have.
MR. KLATZKOW: I'll look into that, sir.
COMMISSIONER SAUNDERS: I know gas is becoming kind
of a bigger issue here, and TECO is very cooperative because, again,
it's just a --
MR. KLATZKOW: It's just a passthrough for them.
COMMISSIONER SAUNDERS: -- just a passthrough, and all
the municipalities I'm aware of have a 6 percent fee. So if you
wouldn't mind giving us a little bit of information on that.
Secondly, it was discussed earlier today about the legislation
that now permits counties and cities to prohibit smoking in their
parks and on the beaches. I'd like to put that on as an agenda item
for our next meeting for some discussion, see if there's any appetite to
move forward to prohibit smoking on our beaches and our parks.
MR. KLATZKOW: Do you want a proposed ordinance?
COMMISSIONER SAUNDERS: No, no. I think just -- I
want to give everybody an opportunity to discuss it. And then if
there's public support, Commission support to draft an ordinance,
during the summer when you're working on all the planning and all
the things with our staff to get us all caught up on all of these
planning issues, just add that to the list.
And then -- if that's okay with the Commission in terms of
bringing that forward.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SAUNDERS: And then a question -- a
question for the county chairman. We had the joint City Council
meeting. There was some fairly -- I don't want to say heated, but
June 28, 2022
Page 161
contentious discussion concerning beach parking fees. I don't know
if you've had any opportunities to generate information. That
parking fee agreement ends in September. So any status report on
that?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: So have you had a meeting?
CHAIRMAN McDANIEL: No, I haven't had a meeting, and
that's the status report. I mean, it got a little convoluted. We have it
coming up scheduled July --
MS. PATTERSON: July 7th.
CHAIRMAN McDANIEL: -- 7th. And I -- you know, there
again, the Mayor was wanting to bring an entourage. And I said, no,
we don't need to have an entourage. Just me and the County
Manager and her and her city manager.
And then she was wanting to bring her lawyers, and I was like,
no, we certainly don't need any lawyers. So -- I mean, because at the
end of the day, this is a discussion for the Mayor and I to have a
conversation about those fees and the structures, and then bring it
back to our individual boards doesn't require lawyers at this stage.
And it got -- she was wanting to put it off till she could get all of
her people in place to do the meeting, so we now have it set for
July 7th.
COMMISSIONER SAUNDERS: One other item. In my
meeting with the County Manager yesterday, we were discussing
some of the things that Comcast might be able to provide to the
county in terms of expanded service in underserved areas. I'm not
sure where that conversation could have gone, but I'd like to see if
there are other communities that are working with those types of
providers to get service. I know there are other areas, especially
out -- well, in your district there are areas where --
CHAIRMAN McDANIEL: Yes.
June 28, 2022
Page 162
COMMISSIONER SAUNDERS: -- cell service is difficult,
WiFi, everything is difficult. And I don't know if there's anything
we can do with -- I mentioned Comcast. I'm not sure if there are
other providers.
MS. PATTERSON: Yes, sir. We can come back with some
information on that. We actually got directed by someone that had
reached to -- from Comcast had reached Commissioner McDaniel.
Staff has been working on that proposal to get that service out to
some of the underserved areas out in Golden Gate Estates in the more
rural areas. So that is actually being worked on by our Growth
Management and Community Development group.
COMMISSIONER SAUNDERS: And maybe at our next
meeting, you kind of give us a little update on that.
MS. PATTERSON: Sure, absolutely.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Yeah, I'd like to hear that as well,
because I know I had a meeting with them, and I think you did as
well.
MS. PATTERSON: I did.
CHAIRMAN McDANIEL: And then -- but I hadn't heard
anything back.
My last question is directed to Commissioner Solis and -- sorry,
I didn't mean to disturb your nap.
COMMISSIONER SOLIS: No.
CHAIRMAN McDANIEL: It's now formal you're not going to
be seeking reelection here in the fall, and you won't be back after our
December meeting, and I want to, number one, publicly say thank
you for all that you've done, and I've enjoyed serving with you.
COMMISSIONER SOLIS: Thank you.
CHAIRMAN McDANIEL: I would like to ask -- it certainly
has to meet with the Board's approval as well, but if you would
June 28, 2022
Page 163
relinquish your position as the liaison for the TDC, if you would
consider doing that early, and I would like to volunteer for that seat.
You don't have to answer me now. This is -- you and aren't really
allowed to talk about these things until the TV's on and Terri's
writing down all my misspoken words.
But the thought process was, if you were of the mind, I'd like to
have that venue and get a head start on it, and with your departure -- I
didn't say anything -- we talked about it back in January, but that got
to be a rather contentious discussion. So give it some consideration.
COMMISSIONER SOLIS: I'll give it some thought.
CHAIRMAN McDANIEL: We can talk about it in July.
COMMISSIONER TAYLOR: Do I dare say this? And I say
it with a great deal of love and affection. You have a lot of
presumption in your comments thinking that the new board would
vote you in anyway.
CHAIRMAN McDANIEL: Well, that's one presumption, but I
have to ask permission from the fellow that's got the seat first, and if
he's of the accord, then I'll come back to the Board with my
presumptuous thought process.
COMMISSIONER TAYLOR: Okay. All right.
CHAIRMAN McDANIEL: Anything else for the good of the
order?
(No response.)
CHAIRMAN McDANIEL: With that, we're adjourned.
*****
**** Commissioner Taylor moved, seconded by Commissioner
LoCastro and carried that the following items under the consent and
Summary Agendas be approved and/or adopted****
Item #16A1
June 28, 2022
Page 164
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $13,340 WHICH WAS POSTED AS
A DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20210002343) FOR WORK
ASSOCIATED WITH CAMBRIDGE PARK AT ORANGE
BLOSSOM – RECENT INSPECTION CONFIRMED THE
DEVELOPER HAS FULFILLED THE COMMITMENTS OF
THE EWA
Item #16A2
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $261,800 WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20210000272 FOR WORK ASSOCIATED WITH DEL WEBB
NAPLES PARCELS 205-208 – LAKES INSPECTED ON MAY 12,
2022, BY DEVELOPMENT REVIEW DIVISION
Item #16A3
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $62,540 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20200001788 FOR WORK ASSOCIATED WITH MAPLE
RIDGE AT AVE MARIA PHASE 6C - LAKE INSPECTED ON
MAY 16, 2022, BY DEVELOPMENT REVIEW DIVISION
Item #16A4
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
June 28, 2022
Page 165
FACILITIES FOR GOODWILL AT EGRET’S CROSSING,
PL20210000764, AND AUTHORIZE THE COUNTY MANAGER
OR THEIR DESIGNEE TO RELEASE THE UTILITY
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $17,779.97 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT
Item #16A5
AGREEMENT FOR THE PURCHASE OF A PERPETUAL NON-
EXCLUSIVE DRAINAGE EASEMENT (PARCEL 161DE)
REQUIRED FOR THE REPLACEMENT OF AN EXISTING
TIDAL INTERCONNECT CULVERT AS PART OF THE
GOODLAND DRIVE CULVERT REPLACEMENT PROJECT NO.
50238. ESTIMATED FISCAL IMPACT: $24,750
Item #16A6
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR RICK HENDRICK CHEVROLET NAPLES,
PL20220003322
Item #16A7
RECORDING THE FINAL PLAT OF NATIONAL GOLF AND
COUNTRY CLUB AT AVE MARIA, PHASE 4, (APPLICATION
NUMBER PL20220000047) APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT,
AND APPROVAL OF THE PERFORMANCE SECURITY IN THE
AMOUNT OF $3,098,691.45
June 28, 2022
Page 166
Item #16A8
SECOND LICENSE AGREEMENT WITH THE BAREFOOT
BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION,
INC., AND THE COUNTY TO ALLOW FOR MANGROVE
TRIMMING AND MONITORING ON COUNTY OWNED
PROPERTY IN THE VICINITY OF LELY BAREFOOT BEACH –
EXISTING PERMIT TO EXPIRE ON DECEMBER 11, 2022
Item # 16A9
RESOLUTION 2022-108: FINDING NO OBJECTION TO
AMENDING THE BOUNDARIES OF THE AVE MARIA
STEWARDSHIP COMMUNITY DISTRICT AND FINDING THAT
THE BOUNDARY AMENDMENT IS CONSISTENT WITH THE
COUNTY’S ADOPTED GROWTH MANAGEMENT PLAN AND
LAND DEVELOPMENT CODE
Item #16A10
APPROPRIATE REVENUE TO THE TRAFFIC OPERATIONS
COST CENTER (163630) IN THE AMOUNT OF $23,963.85 FOR
FISCAL YEAR 2022 AND AUTHORIZE ALL NECESSARY
BUDGET AMENDMENTS
Item #16A11
AUTHORIZE THE CHAIRMAN TO SIGN A LETTER
REQUESTING GRANT FUNDING THROUGH FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) IN THE
June 28, 2022
Page 167
AMOUNT OF $390,000 FOR THE PINE RIDGE INTERCHANGE
LANDSCAPE AND IRRIGATION RELOCATION PROJECT
Item #16A12
THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE
STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH
CARDNO, INC., RELATED TO REQUEST FOR PROFESSIONAL
SERVICES (RPS) NO. 22-7973, “INDEPENDENT DESIGN PEER
REVIEW SERVICES FOR TRANSPORTATION ENGINEERING
PROJECTS,” AND TO BRING A PROPOSED AGREEMENT
BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE
MEETING. (ESTIMATED FISCAL IMPACT: $200,000, GAS TAX
AND SURTAX)
Item #16A13
AWARD INVITATION TO BID (ITB) NO. 22-7972, “DISASTER
RECOVERY FOR TRAFFIC SIGNALS AND ROADWAY
LIGHTING,” TO HORSEPOWER ELECTRIC INC., AS THE
PRIMARY VENDOR, AND AMERICAN INFRASTRUCTURE
SERVICES, INC., AS THE SECONDARY VENDOR, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENTS – THIS WILL ALLOW THE COUNTY TO
RESPOND AND REPAIR THE DAMAGE IN THE EVENT OF AN
OFFICIALLY DECLARED EMERGENCY
Item #16A14
RESOLUTION: 2022-109: APPROVAL OF A LOCAL AGENCY
PROGRAM (LAP) AGREEMENT FPN# 437924-1-98-01,
June 28, 2022
Page 168
BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) AND COLLIER COUNTY, WHERE
(FDOT) WILL PROVIDE UP TO $440,450 IN FEDERAL
FUNDING TO PURCHASE TRAVEL TIME MEASURING
EQUIPMENT, REQUISITE ACCESSORIES, AND LICENSES;
EXECUTE A RESOLUTION MEMORIALIZING THE BOARD'S
ACTION AND AUTHORIZE ALL NECESSARY BUDGET
AMENDMENTS (PROJECT #33800)
Item #16A15
AUTHORIZE THE ELECTRONIC SUBMISSION OF FOUR (4)
COUNTY INCENTIVE GRANT PROGRAM (CIGP)
APPLICATIONS WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO FUND PROJECTS ON RANDALL
BOULEVARD, OIL WELL ROAD, IMMOKALEE ROAD, AND
AT THE INTERSECTION OF IMMOKALEE ROAD AND
LIVINGSTON ROAD FOR A TOTAL ESTIMATED COST OF
$85,008,358.
Item #16A16
THE FY2022 ANNUAL PROGRESS REPORT OF THE COLLIER
COUNTY TRANSIT DEVELOPMENT PLAN AND AUTHORIZE
ITS SUBMISSION TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) - COUNTY TO CONTINUE
RECEIVING STATE BLOCK GRANT FUNDING TO OFFSET
THE COST OF THE TRANSIT SYSTEM OPERATION
Item #16A17
June 28, 2022
Page 169
AWARD REQUEST FOR PROPOSAL (RFP) NO. 21-7942,
COLLIER AREA TRANSIT (CAT) PARATRANSIT PASSENGER
CHOICE PROGRAM, TO HBSS CONNECT CORP., IN THE
AMOUNT OF $263,582, TO BE FULLY FUNDED BY FLORIDA
DEVELOPMENTAL DISABILITIES COUNCIL GRANT
PROGRAM, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT - TO EXTEND TRANSPORTATION
OPTIONS FOR THE DEVELOPMENTALLY DISABLED
POPULATION IN COLLIER COUNTY
Item #16B1
THE ADDITION OF $2,786 TO PROJECT COMBO, INC., D/B/A
LYKINS SIGNTEK DEVELOPMENT SPECIALTIES, LLC, FOR
THE COMPLETION OF THE IMMOKALEE WELCOME
SIGNAGE PROJECT LOCATED IN THE IMMOKALEE
BEAUTIFICATION MSTU. THE TOTAL AMOUNT FOR THESE
SERVICES WILL BE $57,600
Item #16C1
CONVEYANCE OF A UTILITY EASEMENT WITH SUNSHINE
PRINCESS HOUSE CORPORATION, A FLORIDA FOR-PROFIT
CORPORATION, TO ACCOMMODATE THE INSTALLATION
AND FUTURE MAINTENANCE OF A TRANSMISSION WATER
MAIN. THE ESTIMATED COST NOT TO EXCEED $1,650.
(COLLIER COUNTY WATER SEWER DISTRICT BOND FUND
(419) – UTILITY EASEMENT LOCATED ON 2400 44TH
STREET
Item #16C2
June 28, 2022
Page 170
THE CONVEYANCE OF A UTILITY EASEMENT LOCATED ON
THE COLLIER COUNTY GOLDEN GATE CITY BMX PARK
PROPERTY TO THE COLLIER COUNTY WATER-SEWER
DISTRICT FOR THE INSTALLATION OF TRANSMISSION
WATER MAINS. THE ESTIMATED COST NOT TO EXCEED
$50. (COLLIER COUNTY WATER SEWER DISTRICT BOND
FUND (419)
Item #16C3
THE SELECTION COMMITTEE’S RANKING FOR REQUEST
FOR PROFESSIONAL SERVICES (“RPS”) NO. 22-7952,
“NORTH COUNTY WATER RECLAMATION FACILITY –
ELECTRICAL SERVICES NUMBER ONE UPGRADE
PROJECT,” AND AUTHORIZE STAFF TO BEGIN CONTRACT
NEGOTIATIONS WITH THE TOP RANKED FIRM, JOHNSON
ENGINEERING, INC. (WASTEWATER USER FEE FUND (414),
PROJECT NO. 70278) – TO REPLACE A MAIN SWITCHBOARD
THAT’S BEEN IN USE FOR 20 YEARS OR MORE
Item # 16C4
AWARD INVITATION TO BID (ITB) NO. 22-7953, “NCWRF
OPERATIONS BUILDING HVAC IMPROVEMENTS,” TO
DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF
$686,380.00, APPROVE THE NECESSARY BUDGET
AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED CONSTRUCTION SERVICES AGREEMENT.
(WASTEWATER USER FEE FUND (414)), PROJECT #50196 –
TO REPLACE EXISTING RESIDENTIAL HVAC SYSTEM AT
June 28, 2022
Page 171
THE NORTH COUNTY WATER RECLAMATION FACILITY
WITH A NEW HVAC SYSTEM
Item #16C5
AN AGREEMENT FOR SALE AND PURCHASE WITH JOSEPH
J. POPP, AS TRUSTEE OF THE RIVER RD. 19 LAND TRUST
DATED DECEMBER 15, 2017, FOR 19.40 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $639,050 – THE RIVERS ROAD
PRESERVE IS LOCATED SOUTH OF THE IMMOKALEE ROAD
BETWEEN RIVERS ROAD AND MOULDER DRIVE
Item #16C6
A BUDGET AMENDMENT TRANSFERRING FUNDS IN THE
AMOUNT OF $960,000 FROM MANDATORY TRASH
COLLECTION FUND RESERVES (FUND 473) TO TRASH AND
GARBAGE EXPENSE (FUND 473) TO COVER ADDITIONAL
EXPENSES INCURRED AS A RESULT OF INCREASED
VOLUME OF RESIDENTIAL WASTE DISPOSAL
Item #16C7 – Continued to the July 12, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE A SECOND AMENDMENT
TO THE MAJOR USER AGREEMENT FOR DELIVERY AND
REUSE OF IQ WATER WITH THE RIVIERA GOLF
CLUB/LUCKY TWO GOLF, LLC, TO PROVIDE A REVISED
TERMINATION DATE DUE TO FACILITY CLOSURE
June 28, 2022
Page 172
Item #16C8
CONTINUE WITH THE STANDARDIZATION OF LICENSING
AND SUPPORT SERVICES FOR THE PUBLIC UTILITIES
DEPARTMENT’S SUPERVISORY CONTROL AND DATA
ACQUISITION SYSTEMS (SCADA) WITH GE DIGITAL, LLC,
AND GRAY MATTER SYSTEMS, LLC, BY EXTENDING
AGREEMENT NUMBERS 17- 7189 AND 17-7189-NS FOR AN
ADDITIONAL FIVE YEARS AND APPROVING THE
EXPENDITURES UNDER THE APPROVED WAIVERS FOR
STANDARDIZATION
Item #16C9 - Added (Per Agenda Change Sheet)
FOR CONSIDERATION RELATED TO THE UTILITY WORK
ORDER NO. 1 UWHCA 425843-2-56-02_I-75 INTERCHANGE
AGREEMENT WITH FDOT. COUNTY STAFF RECEIVED THE
REQUEST FROM FDOT ON JUNE23, 2022 AND THE TERMS
OF THE AGREEEMENT REQUIRE ACTIONS WITHIN A
CERTAIN TIMEFRAME, SOONER THAN THE NEXT
AVAILABLE BOARD MEETING. (THE FORM FOR CHANGE
ORDER NO. 1 SECTION B.2 HAS BEEN RESENT BY FDOT
STAFF TO NOW CORRECTLY CHECK THE BOX FOR
NONREIMBURSABLE)
Item #16D1
CHAIRMAN TO SIGN ONE (1) MORTGAGE SATISFACTION
FOR THE STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) LOAN PROGRAM IN THE AMOUNT OF $5,000 AND
APPROVE THE ASSOCIATED BUDGET AMENDMENT TO
June 28, 2022
Page 173
APPROPRIATE REPAYMENT AMOUNT TOTALING $5,000
(SHIP GRANT FUND 791)
Item #16D2
AN “AFTER-THE-FACT” SECOND AMENDMENT AND
ATTESTATION STATEMENT WITH THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., TO ADD HOME
DELIVERED MEALS SERVICE TO THE OLDER AMERICAN
ACT PROGRAM IIIE PROGRAM AND REPLACE THE BUDGET
AND RATE SUMMARY. (NO FISCAL IMPACT, HUMAN
SERVICE GRANT FUND 707) – TO PROVIDE
UNINTERRUPTED SUPPORT SERVICES TO COLLIER
COUNTY SENIORS (CCSS) ELDERLY CLIENTS
Item # 16D3
THREE (3) BUDGET AMENDMENTS FOR (3) EXECUTED
MEMORANDUMS OF UNDERSTANDING BETWEEN COLLIER
COUNTY LIBRARY DIVISION FOR THE COMMUNITY
OUTREACH LITERACY AND EDUCATION PROJECT IN THE
AMOUNT OF $2,029,304, THE COLLIER COUNTY
UNIVERSITY EXTENSION DIVISION REACHING MORE -
EXTENSION EDUCATION PROJECT IN THE AMOUNT OF
$1,546,000, AND THE COLLIER COUNTY MUSEUM DIVISION
FOR THE IMMOKALEE PIONEER MUSEUM PROJECT IN THE
AMOUNT OF $561,490. ALL PROJECTS ARE FUNDED BY THE
AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL
FISCAL RECOVERY FUND (PUBLIC SERVICES GRANT FUND
709)
June 28, 2022
Page 174
Item #16D4
RESOLUTION: 2022-110: (1) APPROVE THE COLLIER
COUNTY PY 2022 ONE-YEAR ACTION PLAN FOR THE U.S.
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT, HOME
INVESTMENT PARTNERSHIPS, AND EMERGENCY
SOLUTIONS GRANTS PROGRAMS, INCLUDING THE
REPROGRAMMING OF FUNDS FROM PREVIOUS YEARS
AND ESTIMATED PROGRAM INCOME; AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENTS IN THE AMOUNT
OF $3,644,735.15 FOR THE HUD FY 2022-2023 BUDGET;
APPROVE THE RESOLUTION, U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT CERTIFICATIONS
AND ASSURANCES, AND THE SF 424 APPLICATIONS FOR
FEDERAL ASSISTANCE; (3) AUTHORIZE THE CHAIRMAN TO
SIGN FUTURE FEDERAL FUNDING AGREEMENTS AND
AUTHORIZE TRANSMITTAL TO THE U.S. DEPARTMENT OF
HOUSING & URBAN DEVELOPMENT; AND (4) APPROVE
AND AUTHORIZE THE CHAIRMAN TO SIGN TEN (10)
SUBRECIPIENT GRANT AGREEMENTS. (HOUSING GRANT
FUND 705 AND HOUSING MATCH FUND 706)
Item #16D5
AWARD INVITATION TO BID (ITB) #22-7966 “BASEBALL
AND SOFTBALL OFFICIALS” TO COLLIER RECREATION
BASEBALL/SOFTBALL UMPIRE ASSOCIATION, INC., AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED
CONTRACT
June 28, 2022
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Item #16D6
AWARD INVITATION TO BID (ITB) NO. 22-7996, “PURCHASE
OF SODIUM HYPOCHLORITE,” TO ODYSSEY
MANUFACTURING CO., AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED AGREEMENT – TO PROVIDE NON-
BULK CHEMICALS AND WATER FEATURES LOCATED AT
ALL COLLIER COUNTY POOL FACILITIES
Item #16D7
FOUR (4) AWARDS FROM THE DEPARTMENT OF
ECONOMIC OPPORTUNITY COMMUNITY DEVELOPMENT
BLOCK GRANT MITIGATION CRITICAL FACILITIES
HARDENING PROGRAM IN THE AMOUNT OF $5,926,309 FOR
FOUR (4) HARDENING PROJECTS, AUTHORIZE THE
CHAIRMAN TO SIGN THE THREE (3) ATTACHED
AGREEMENTS, AUTHORIZE THE CHAIRMAN OR COUNTY
MANAGER TO SIGN THE FOURTH AGREEMENT UPON
ARRIVAL, AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS. (GRANT FUNDS 705 HOUSING AND 709
PUBLIC SERVICES)
Item #16D8 – Continue to the July 12, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AWARD REQUEST FOR
PROPOSALS (RFP) NO. 22-7946, “PURCHASE OF SKI BOAT,”
TO NAUTIQUES OF ORLANDO, LLC, FOR THE PURCHASE
OF A SKI BOAT IN THE AMOUNT OF $94,204 FROM PROJECT
80418 REGIONAL PARKS OFF-ROAD VEHICLES AND
June 28, 2022
Page 176
EQUIPMENT
Item #16E1
AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS,
DUTIES AND BENEFITS, AND OBLIGATIONS TO RELADYNE
TECHNOLOGIES, LLC, CONCERNING AGREEMENT #18-7443
“MOTOR OILS, LUBRICANTS AND FLUIDS” – TO CONTINUE
TO PROVIDE RELIABLE AND EFFICIENT VEHICLES AND
EQUIPMENT THAT ENHANCE THE COUNTY’S CAPABILITIES
TO DELIVER EFFECTIVE PUBLIC SERVICE
Item #16E2
PEGGY RODRIGUEZ AS THE RECIPIENT OF THE 2021
“AGAINST ALL ODDS” AWARD, AND TO PRESENT THE
AWARD AT A FUTURE BOARD MEETING – AWARD THAT
RECOGNIZES INDIVIDUALS WHO HAVE OVERCOME
GREAT CHALLENGES AND EXCELLED IN THE COMMUNITY
Item #16E3
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16F1
RESOLUTION 2022-111: AMENDMENTS (APPROPRIATING
June 28, 2022
Page 177
GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE
PROCEEDS) TO THE FY21-22 ADOPTED BUDGET
Item #16F2
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES UP TO AND INCLUDING $25,000, AND MOVING
FUNDS IN AN AMOUNT UP TO AND INCLUDING $50,000
Item #16F3
CHAIRMAN TO EXECUTE STATE-FUNDED SUBGRANT
AGREEMENT A0246 ACCEPTING A GRANT AWARD
TOTALING $105,806 FROM THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT FOR EMERGENCY
MANAGEMENT PROGRAM ENHANCEMENT AND
AUTHORIZE THE ASSOCIATED BUDGET AMENDMENT.
(PROJECT NO. 33819) – TO ENHANCE EMERGENCY
PROGRAM ACTIVITIES WITHIN COLLIER COUNTY FOR
FISCAL YEAR 2022-2023
Item #16F4
AMENDED CONTRACT NO. 1904 BETWEEN THE BOARD
AND THE FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, DIVISION OF FORESTRY, FOR FIRE
PROTECTION OF FOREST AND WILDLANDS WITHIN
COLLIER COUNTY – TO COVER FIRE PROTECTION FOR
299,330 ACRES
Item #16F5
June 28, 2022
Page 178
AUTHORIZE THE CHAIRMAN TO EXECUTE TOURIST
DEVELOPMENT TAX GRANT AGREEMENTS FOR FY 2022-
2023 MARKETING GRANTS (FORMERLY CATEGORY B)
($100,000) AND NON-COUNTY OWNED/OPERATED
MUSEUMS (FORMERLY CATEGORY C-2) ($672,500) AND
MAKE A FINDING THAT THESE EXPENDITURES PROMOTE
TOURISM
Item #16F6
AUTHORIZING A SECOND ROUND OF TOURIST
DEVELOPMENT TAX GRANT APPLICATION SOLICITATIONS
FOR THE C-2 CATEGORY MUSEUM GRANTS BEGINNING
JULY 1, 2022, WITH A DEADLINE OF AUGUST 31, 2022, AND
MAKE A FINDING THAT THE GRANT PROGRAM PROMOTES
TOURISM
Item #16F7
ADVERTISEMENT OF AN ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE NO. 2003-34 PROVIDING FOR THE
REIMPOSITION OF THE NINTH-CENT LOCAL OPTION FUEL
TAX UPON ITS TERMINATION ON DECEMBER 31, 2025,
EFFECTIVE JANUARY 1, 2026, AND CONTINUING THROUGH
DECEMBER 31, 2055
Item #16F8 - Continue to the July 12, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE MODIFICATIONS TO
June 28, 2022
Page 179
TOURIST DEVELOPMENT TAX GRANT GUIDELINES ON
ALLOWABLE USES TO INCLUDE THE COST OF PRODUCING
A PERFORMING ARTS PRODUCTION, ENTERTAINMENT AT
AN EVENT OR LOCATION WHOSE PRIMARY PURPOSE IS
THE PROMOTION OF TOURISM NOT TO EXCEED 50% OF
THE TOTAL COST OF THE PRODUCTION AND BASED ON
THE AVAILABILITY OF FUNDS AND MAKE A FINDING
THAT THIS PROGRAM PROMOTES TOURISM
Item #16G1
RESOLUTION: 2022-112 AND RESOLUTION 2022-113:
EXECUTION OF THE AIRPORT IMPROVEMENT PROGRAM
(AIP) GRANT AGREEMENT NUMBER 3-12-0142-016-2022
WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) IN
THE AND THE PUBLIC TRANSPORTATION GRANT
AGREEMENT (PTGA) NUMBER G2861 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) IN THE
AMOUNT OF $9,511, FOR THE DESIGN OF THE AIRPORT
AIRCRAFT HANGAR AT THE MARCO ISLAND EXECUTIVE
AIRPORT (MKY) AND AUTHORIZE ALL NECESSARY
BUDGET AMENDMENTS. (AIRPORT GRANT FUND 498 AND
AIRPORT MATCH FUND 499)
Item #16G2
THE BOARD, ACTING AS THE AIRPORT AUTHORITY,
AWARD SOLICITATION NO. 21-7937 “IMMOKALEE
REGIONAL AIRPORT HANGAR/COMMERCIAL
AERONAUTICAL DEVELOPMENT- PARCEL D” AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED
June 28, 2022
Page 180
COLLIER COUNTY AIRPORT AUTHORITY STANDARD
FORM LONG-TERM GROUND LEASE AGREEMENT WITH
MATECUMBE FLYING SERVICE, INC., FOR AERONAUTICAL
LAND USE AT THE IMMOKALEE REGIONAL AIRPORT
Item #16H1
COUNTY ATTORNEY TO ADVERTISE AND BRING BACK
FOR A PUBLIC HEARING AN ORDINANCE AMENDING
ORDINANCE 1975-16, AS AMENDED, IN ORDER TO
AUTHORIZE THE CHAIRMAN TO BETTER DEAL WITH
DISORDERLY PERSONS, INCLUDING REQUESTING LAW
ENFORCEMENT OFFICERS REMOVE DISORDERLY
PERSONS WHEN CONDUCT INTERFERES WITH ORDERLY
PROGRESSION OF MEETINGS
Item #16J1
APPROVE A BUDGET AMENDMENT RECOGNIZING
$1,050,000 IN REVENUES AND EXPENDITURES IN THE
SHERIFF’S OFFICE FY 2022 GENERAL FUND BUDGET
Item #16J2
BUDGET AMENDMENTS TO INCREASE CURRENT FUNDING
FOR THE COLLIER COUNTY SHERIFF’S GENERAL FUND
(COURT, LAW ENFORCEMENT, AND CORRECTIONS) IN THE
AMOUNT OF $4 MILLION IN ORDER TO COVER SALARIES
AND BENEFITS RELATED TO A MID-YEAR PAY PLAN
UPDATE
June 28, 2022
Page 181
Item #16J3
REPORT TO THE BOARD REGARDING THE INVESTMENT OF
COUNTY FUNDS AS OF THE QUARTER ENDED MARCH 31,
2022
Item #16J4
AUTHORIZATION TO FILE THE RELATED STATE OF
FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL
REPORT WITH THE DEPARTMENT OF FINANCIAL SERVICES
FOR THE 2021 FISCAL YEAR
Item #16J5
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 JUNE 2, 2022, AND JUNE 15,
2022, PURSUANT TO FLORIDA STATUTE 136.06
Item #16J6
APPROVAL OF AND DETERMINE VALID PUBLIC PURPOSE
FOR INVOICES PAYABLE AND PURCHASING CARD
TRANSACTIONS AS OF JUNE 22, 2022
Item #16K1
CHAIRMAN TO EXECUTE A SETTLEMENT AGREEMENT IN
June 28, 2022
Page 182
THE LAWSUIT STYLED LILIANA NUNEZ AND NORMA
FAJARDO MATOS V. COLLIER COUNTY BOARD OF
COMMISSIONERS, (CASE NO. 20- CA-3298), NOW PENDING
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $33,750 TO EACH PLAINTIFF
Item #16K2
AGREEMENT WITH THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT FOR CONSTRUCTION OF A NEW
COMMUNICATIONS TOWER TO CONTINUE OPERATION OF
THE COUNTY’S FLOOD CONTROL SYSTEM
Item # 16K3
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$131,350 PLUS $25,924.52 IN STATUTORY ATTORNEY FEES,
APPORTIONMENT FEES, AND EXPERTS’ FEES AND COSTS
FOR THE TAKING OF PARCEL 273RDUE/TDRE, REQUIRED
FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT
NO. 60168
Item #17A
RESOLUTION: 2022-114: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS, AND
SUPPLEMENTAL REVENUE) TO THE FY21-22 ADOPTED
BUDGET
Item #17B
June 28, 2022
Page 183
ORDINANCE: 2022-25: AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM THE
GENERAL COMMERCIAL (C-4) ZONING DISTRICT TO A
MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)
ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS
THE AMERISITE CB MPUD, TO ALLOW CONSTRUCTION OF
A MAXIMUM OF 303 MULTIFAMILY DWELLING UNITS OF
WHICH 68 UNITS WILL QUALIFY AS AFFORDABLE
HOUSING, UP TO 70,000 SQUARE FEET OF COMMERCIAL
SHOPPING CENTER USES, AND UP TO 85,000 SQUARE FEET
OF MINI-WAREHOUSE SELF-STORAGE USES; AND TRUCK
LEASING AND GAS STATION USES SHALL NOT BE
ALLOWED. THE SUBJECT PROPERTY IS LOCATED ON THE
EAST SIDE OF COLLIER BOULEVARD, APPROXIMATELY
1000 FEET NORTH OF RATTLESNAKE HAMMOCK ROAD, IN
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 18.95±
ACRES; PROVIDING FOR REPEAL OF RESOLUTION NO. 14-
152, A CONDITIONAL USE FOR INDOOR SELF STORAGE
AND ORDINANCE NO. 14-28, A REZONE TO GENERAL
COMMERCIAL (C4); AND BY PROVIDING AN EFFECTIVE
DATE. (THIS IS A COMPANION ITEM TO ACCELA# 22380)
[PL20210001103]
June 28, 2022
Page 184
Item #17C
ORDINANCE: 2022-26: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
CREATING A RESIDENTIAL PLANNED UNIT
DEVELOPMENT, BY AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM THE
RURAL AGRICULTURAL (A) ZONING DISTRICT TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS
THE CARMAN DRIVE 15 RPUD, TO ALLOW CONSTRUCTION
OF A MAXIMUM OF 212 RENTAL DWELLING UNITS OF
WHICH 48 WILL BE AFFORDABLE HOUSING AND RENT
RESTRICTED ON PROPERTY LOCATED AT 8496
RATTLESNAKE HAMMOCK ROAD, NORTH OF
RATTLESNAKE HAMMOCK ROAD AND WEST OF CARMAN
DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.41±
ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (THIS IS
A COMPANION TO 22346 GMPA-PL20210000623)
[PL20210000624]
Item #17D
ORDINANCE: 2022-27: AMENDING ORDINANCE NO. 89-05,
June 28, 2022
Page 185
AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND
FUTURE LAND USE MAP AND FUTURE LAND USE MAP
SERIES TO CREATE THE CARMAN DRIVE SUBDISTRICT BY
CHANGING THE DESIGNATION OF PROPERTY FROM
URBAN, URBAN MIXED USE DISTRICT, URBAN
RESIDENTIAL FRINGE SUBDISTRICT TO URBAN, URBAN
MIXED USE DISTRICT, CARMAN DRIVE SUBDISTRICT TO
ALLOW UP TO 212 RENTAL DWELLING UNITS, OF WHICH
48 UNITS WILL BE AFFORDABLE HOUSING AND RENT
RESTRICTED. THE SUBJECT PROPERTY IS LOCATED AT
8496 RATTLESNAKE HAMMOCK ROAD, NORTH OF
RATTLESNAKE ROAD AND WEST OF CARMAN DRIVE, IN
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 15.41±
ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL
OF THE ADOPTED AMENDMENT TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE. [PL20210000623] (COMPANION TO 22323 ZONING
PETITION RPUD-PL20210000624, CARMAN DRIVE 15
RESIDENTIAL PLANNED UNIT DEVELOPMENT)
Item #17E
ORDINANCE: 2022-28: AMENDING ORDINANCE NO. 89- 05,
AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, SPECIFICALLY AMENDING THE
URBAN COMMERCIAL DISTRICT, MIXED USE ACTIVITY
June 28, 2022
Page 186
CENTER SUBDISTRICT OF THE FUTURE LAND USE
ELEMENT AND ACTIVITY CENTER #7 MAP OF THE FUTURE
LAND USE MAP SERIES, TO ALLOW UP TO 303 MULTI-
FAMILY APARTMENT OR OWNER-OCCUPIED DWELLING
UNITS, OF WHICH 68 UNITS WILL QUALIFY AS
AFFORDABLE HOUSING, IN THE AMERISITE CB MIXED-USE
PLANNED UNIT DEVELOPMENT, IN ADDITION TO UP TO
70,000 SQUARE FEET OF COMMERCIAL SHOPPING CENTER
DEVELOPMENT AND UP TO 85, 000 SQUARE FEET OF
MINIWAREHOUSE SELF-STORAGE; AND TRUCK LEASING
AND GAS STATION USES SHALL NOT BE ALLOWED; AND
FURTHERMORE, DIRECTING TRANSMITTAL OF THE
ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS
LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD,
APPROXIMATELY 1000 FEET NORTH OF RATTLESNAKE
HAMMOCK ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 18.95± ACRES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE. [PL20210001104]
(COMPANION TO 21816 ZONING PETITION
MPUDPL20210001103, AMERISITE CB MPUD)
Item #17F
ORDINANCE 2022-29: AMENDING ORDINANCE NO. 2009-53
THE GOOD TURN CENTER MIXED-USE PLANNED UNIT
DEVELOPMENT (MPUD) BY INCREASING THE ZONED
HEIGHT FROM 45 FEET TO 55 FEET AND ACTUAL HEIGHT
FROM 55 FEET TO 65 FEET AND PROVIDING AN EFFECTIVE
DATE. THE SUBJECT PROPERTY, CONSISTING OF 9.5+/-
June 28, 2022
ACRES, IS LOCATED ON THE EAST SIDE OF COLLIER
BOULEVARD, NORTH OF RATTLESNAKE HAMMOCK ROAD,
IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:50 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DIST DER ITS CONTROL
Ce)
WILLIAM . McDANIEL, JR., CHAIRMAN
ATTEST: ,
CRYSTAL K 'K'INZEL, CLERK
air‘C4/*f °L4A-'
Attest t
These mAIpproved by the Board on al 1,1,3172,
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 187