BCC Minutes 07/12/2022 RJuly 12, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida July 12, 2022
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
Chairman: William L. McDaniel, Jr.
Rick LoCastro
Burt L. Saunders (Telephonically)
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
July 12, 2022
9:00 AM
Commissioner William L. McDaniel, Jr., District 5; – Chair – CRAB Co-Chair
Commissioner Rick LoCastro, District 1; – Vice Chair
Commissioner Andy Solis, District 2
Commissioner Burt Saunders, District 3
Commissioner Penny Taylor, District 4; – CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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July 12, 2022
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. 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. June 7, 2022 BCC Joint Workshop Minutes
C. June 16, 2022 BCC Minutes
3. AWARDS AND RECOGNITIONS
A. Employee
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1) 20 YEAR ATTENDEES
a) 20 Years, Jennifer Ziglar – Procurement Services – Operations
Analyst
2) 25 YEAR ATTENDEES
a) 25 Years, Eric Havens – Emergency Medical Services Division
– Battalion Chief
3) 30 YEAR ATTENDEES
a) 30 Years, Edwin Barroso – Parks & Recreation – Crew Leader
4) 35 YEAR ATTENDEES
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating July 16, 2022, as the 65th Anniversary of Collier
County Medical Society. To be accepted by April Donahue, Executive
Director, Collier County Medical Society, and Dr. Rebecca Smith.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for July 2022 to
Wintrust Banking Center. The award will be accepted by Tara Fedorko,
Senior Vice President. Also present is Bethany Sawyer, Vice President of
Membership, The Greater Naples Chamber of Commerce.
B. Presentation of the "Against All Odds" Award, for Calendar Year 2021, to
Peggy Rodriguez.
C. "Together We Can Prevent Gun Violence" Presentation by Susan Cone, Kim
Craig, and Kathleen Muniz representing Moms Demand Action for Gun
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Sense in America, Southwest Florida Group.
D. This item to be heard at 1 p.m. Legislative Appropriation Check
Presentation by District 105 Representative David Borrero of $500,000 for
the Golden Gate City Water Resource Protection & Restoration Master Plan
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This Item continued from the June 28, 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)
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners confirm Dan
Rodriguez as Deputy County Manager and Ed Finn as Interim Deputy
County Manager, to take effect immediately, and approve all necessary
budget amendments. (Amy Patterson, County Manager) (All Districts)
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B. Provide an update to the Board of County Commissioners regarding the
recommendation to designate a Sports Tourism Director within the
Convention & Visitors Bureau (Tourism Division) that shall provide
dedicated oversight of the County’s interests relating to the Paradise Coast
Sports Complex as it relates to the day-to-day activities, sales efforts, sports
marketing, management and administration of the County’s relationship with
Sports Facilities Companies (Complex management company) and the
promotion of tourism. (Paul Beirnes, Tourism Director) (All Districts)
C. Recommendation to adopt a resolution establishing Proposed Millage Rates
as the Maximum Property Tax Rates to be levied in FY 2023 and Reaffirm
the Advertised Public Hearing dates in September 2022 for the Budget
approval process. (Edward Finn, Director, Corporate Financial Planning and
Management Services) (All Districts)
D. Recommendation to authorize a $10 million budget amendment to recognize
American Rescue Plan Act revenues to be used on public safety. (Ed Finn,
Director, Facilities Management Division) (All Districts)
E. Recommendation to approve deductive Change Order No. 10 to Collier
County Sport Complex Phases 2.1 and 2.2A Agreement No. 17-7198, with
Manhattan Construction (Florida), Inc., for a time extension of 145 days;
acknowledge staff report for update on phase 1, and modified phases 2.1 and
2.2 scopes; provide direction to staff for phase 3 and phase 4, and authorize
the County Manager or designee to issue a notice of intent to terminate to
Manhattan Construction, if necessary, and subject to Board ratification at a
future Board meeting. (Project No. 50156) (District 3, District 5)
F. Recommendation to award Construction Invitation to Bid (ITB) No. 22-
7976, “Project 60168-Construction Services for Vanderbilt Beach Road
Extension,” to Sacyr Construction USA, LLC, in the amount of
$152,999,999.91, authorize the Chairman to sign the attached Agreement
and approve all necessary budget amendments. (Companion Item to #11G
and #11H) (Jay Ahmad, Director, Transportation Management Services).
(District 5)
G. Recommendation to approve a resolution authorizing the County's
borrowing an amount not exceeding $30,000,000 under the Florida Local
Government Finance Commission's Pooled Commercial Paper Loan
Program for the purpose of constructing the extension of Vanderbilt Beach
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Road; this loan is secured by the County’s covenant to budget and
appropriate legally available non ad-valorem revenue; authorize the
execution of a loan note or loan notes to evidence such borrowing; authorize
the execution and delivery of other such documents as may be necessary to
effect such borrowing; and authorize all necessary budget amendments.
(Companion Items to #11F and #11H) (Ed Finn, Director, Corporate
Financial and Management Services) (All Districts)
H. Recommendation to award Request for Professional Services (RPS) No.
21-7914, “Verification Testing Services for Vanderbilt Beach Road
Extension,” to Johnson Engineering, Inc., in the total amount of $1,812,089,
and authorize the Chairman to sign the attached Agreement (Project No.
60168). (Companion Items to #11F and #11G) (Jay Ahmad, Director,
Transportation Management Services) (District 5)
I. Recommendation to award Request for Professional Services (RPS) No.
21-7901, “Professional Design and Related Services for Immokalee Road at
Randall Boulevard Intersection Improvements,” to HNTB Corporation, in
the amount of $1,331,420.23, and authorize the Chairman to sign the
attached Agreement (Project Number 60147). (Companion Item to #11J)
(Jay Ahmad, Director, Transportation Management Services). (District 5)
J. Recommendation to award Agreement No. 21-7930, for “CEI Services for
Immokalee Road at Randall Boulevard Intersection Improvements,” to
Johnson Engineering, Inc., for a total not to exceed the amount of $742,991,
authorize the Chairman to sign the attached agreement and authorize the
necessary budget amendments. (Project No. 60147, Gas Taxes and Surtax)
(Companion Item to #11I) (Jay Ahmad, Director, Transportation
Management Services). (District 5)
K. Recommendation to approve Agreement Number 21-7831, Professional
Engineering Design Services for “Pine Ridge Road Corridor
Improvements,” with Jacobs Engineering Group, Inc., which includes a
possible two-phase design consisting of Phase 1 in the amount of $2,622,681
for a Design-Build delivery only, and Phase 2 to proceed from the Phase 1
design plans to final biddable design plans for an additional amount of
$2,371,811, for a potential total Project cost (if both Phases proceed) of
$4,994,492, and authorize the Chairman to sign the attached Agreement and
approve all necessary budget amendments (Project # 60201). (Jay Ahmad,
Director, Transportation Management Services) (All Districts)
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L. Recommendation to approve agreement No. 22-7944, “Professional Design
& Related Services for 16th Street NE Bridge,” to Kisinger Campo &
Associates, Corp., in the amount of $1,374,255.68, and authorize the
Chairman to sign the attached agreement (Project No. 60212). (Jay Ahmad,
Director, Transportation Management Services). (District 5)
M. This Item continued from the June 28, 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)
N. Recommendation to approve terminating Agreement No. 20-7722, for
convenience, with The Haskell Company for "Design Build Services for
NCWRF Headworks,” by approving the associated Change Orders,
certifying the existence of a valid public emergency necessitated by the need
to expedite the completion of a value added-redesign of the Project, and
approving Agreement No. 20-7722-NS in the amount of $4,321,083 to
AECOM Technical Services, Inc. (AECOM) for "NCWRF Headworks
Engineering Services," in support of the NCWRF New Headworks Project
No. 70149 (Fund 414), and authorizing the Chairman to sign the attached
Agreement. (Craig Pajer, Director, Subregional Utilities) (District 2)
12. COUNTY ATTORNEY'S REPORT
A. Discussion on the enactment of HB 105, which in part authorizes county
governments to now regulate smoking on county parks and beaches. (All
Districts)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
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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 direct staff to bring back an amendment to
Ordinance 2013-57, the Administrative Code for Land Development
to address an expressed concern for public safety regarding meeting
decorum, location, and virtual options for Neighborhood Information
Meetings. (All Districts)
2) Recommendation to take no further action with respect to a public
petition requesting that Collier County amend the Land Development
Code to allow homeowners to utilize artificial turf on an entire
property. (All Districts)
3) 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 Valencia Golf and Country
Club – Phase 1B (Application Number PL20210000284), approval of
the standard form Construction and Maintenance Agreement, and
approval of the performance security in the amount of $784,192.26.
(District 5)
4) 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 Cadenza at Hacienda Lakes of
Naples, (Application Number PL20210002998), approval of the
standard form Construction and Maintenance Agreement, and
approval of the performance security in the amount of $987,406.75.
(District 1)
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5) 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 Palisades (Application Number
PL20210001721), approval of the standard form Construction and
Maintenance Agreement, and approval of the performance security in
the amount of $1,207,819.47. (District 2)
6) 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 Groves at Orange Blossom,
Phase 2 (Application Number PL20210003033), approval of the
standard form Construction and Maintenance Agreement, and
approval of the performance security in the amount of $3,945,253.40.
(District 5)
7) Recommendation to approve final acceptance of the water and sewer
utility facilities for Naples Lakes Country Club, PL20220003383.
(District 1)
8) Recommendation to terminate a perpetual non-exclusive Boat Ramp
Access and Maintenance Easement granted to Collier County for
maintenance of the SR-29 Canal. (Estimated Fiscal Impact: $18.50)
Source of funding is Storm Water Fund 103 Cost Center 172929. (All
Districts)
9) Recommendation to approve an extension for completion of required
subdivision improvements associated with Windward Isle
(PL20140000741) subdivision pursuant to Section 10.02.05 C.2 of the
Collier County Land Development Code (LDC). (District 2)
10) Recommendation to approve the transfer of Commercial Excavation
Permit 59.251 (PL20110002486) from Sunniland Mine to Quality
Enterprises USA, Inc., accept the Excavation Performance Agreement
and the excavation performance bond in the amount of $1,000,000.
(District 5)
11) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $303,020, which was posted as a
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guaranty for Excavation Permit Number PL20190001390 for work
associated with Founders Square. (District 3)
12) Recommendation to approve the FY 2022-2023 10-Year Capital
Planning document for Fund 195 Beach Renourishment and Pass
Maintenance, Fund 185 Program Management and Administration,
and make a finding that these expenditures promote tourism. (All
Districts)
13) Recommendation to terminate Agreement No. 4600004567 in the
amount of $720,000 with the South Florida Water Management
District (SFWMD) for the Collier County, Lake Trafford Area Water
Quality Facility, Stormwater Improvement Project. Project No. 60143.
(All Districts)
14) Recommendation to provide after-the-fact approval for the submittal
of a RESTORE Funded Priorities List 3b grant application to the
Florida Department of Environmental Protection (FDEP) Deepwater
Horizon Program (DWH) for the engineering, design, and permitting
as part of the Collier County Watershed Improvement Project in the
amount of $4,500,000. (Gary McAlpin, P.E., Transportation
Management Services). (All Districts)
15) Recommendation to award Invitation to Bid (ITB) No. 22-7958,
"Aquatic Vegetation Maintenance," to Airboat Addicts, Inc., and
authorize the Chairman to sign the attached agreement. (Estimated
annual spend of $350,000, Stormwater Operating Fund 103). (All
Districts)
16) Recommendation to approve an Easement Use Agreement
(Agreement) for a portion of Tracts P and B-2, Pelican Lake R.V.
Resort, Unit Four, according to the plat thereof as recorded at Plat
Book 30, Page 16 of the public records of Collier County. (District 1)
17) Recommendation to approve the Disadvantaged Business Enterprise
(DBE) Goal for FY 23, 24, and 25 to ensure that DBE’s have an equal
opportunity to receive and participate in Federal Transit
Administration assisted contracts by ensuring nondiscrimination in
their award and administration. (All Districts)
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18) Recommendation to accept amendment #2 of the FY20-21 Florida
Developmental Disabilities Council (FDDC) Transportation Voucher
Project to extend the contract to June 30, 2023, and to allow same day
transportation vouchers for people with disabilities. (All Districts)
19) Recommendation to approve the Tourist Development Council Grant
application requests from the City of Naples, the City of Marco Island
and Collier County for FY 2022-2023 for beach renourishment
requests in the amount of $4,155,100, budget these expenditures,
authorize the Chairman to execute an Agreement with the City of
Naples, and make a finding that these expenditures promote tourism.
(All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC),
acting as the Community Redevelopment Agency Board (CRA),
accept the March 23, 2022, Letter of Intent submitted by Catholic
Charities Diocese of Venice, Inc., and authorize staff to obtain an
appraisal, and bring back for Board consideration a negotiated
Purchase Agreement to convey 1.96 acres of CRA owned property in
the Immokalee Community Redevelopment Area. (District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) This item continued from the April 12, 2022, BCC Meeting
Agenda. Recommendation to accept a donation from the Freedom
Memorial Foundation of Naples, Florida Inc., for the remaining 23
state stones and a plaque, and to be installed at the Freedom Memorial
site. (District 4)
2) Recommendation to approve a License Agreement with Leticia
Arreguin d/b/a Habaneros Catering to allow continued occupancy of
the snack bar at the Main Government Center campus until such time
as business conditions return to normal and staff determines a request
for proposal would be productive. (District 4)
3) Recommendation to approve Change Order No. 2 in the amount of
$212,079, to provide additional design engineering services and to
approve the First Amendment for the design of the gymnasium, and
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approve the required budget amendments for the execution of
Agreement No. 18-7279 for Big Corkscrew Island Regional Park
(BCIRP) Phase II (Project 80039) (District 5)
4) Recommendation to award Invitation to Bid (“ITB”) No. 22-7974
“Cartridge Filters for Water Treatment Plants,” to Tri-Dim Filter
Corporation, for the purchase of replacement cartridge filters at the
North and South County Regional Water Treatment Plants on a
primary per line-item basis and authorize the Chair to sign the
attached agreement. (District 3)
5) Recommendation to award ITB #22-8000 "Quicklime Supply for
Collier County" to Lhoist North America of Alabama, LLC, and
authorize the Chairman to sign the attached Agreement. Water Sewer
Operating Fund (408) (District 3)
6) Recommendation to authorize budget amendments for the Collier
County Water-Sewer District to cover increased costs for electricity,
emergency repairs/maintenance, chemicals, and bulk water in the total
amount of $1,574,000 in Fund (408). (All Districts)
7) Recommendation to authorize staff to advertise for sale County-
owned property located at 343 Saint Andrews Boulevard, pursuant to
the provisions outlined in Section 125.35(1)(c), Florida Statutes,
including a minimum bid of $250,400 and to bring the bids to the
Board for future consideration. (District 1)
8) Recommendation to approve a Resolution authorizing the Chairman
to execute Deed Certificates for the sale of burial plots at Lake
Trafford Memorial Gardens Cemetery during the 2022 calendar year,
on behalf of the County Manager. (District 5)
9) Recommendation to approve an Agreement for Sale and Purchase
with Jim Howard Moody also known as Jim H. Moody and Linda Sue
LeCount, as Trustee of the amended and restated trust of W. L.
Crawford Revocable Trust U/A April 26, 1991, for 59.79 acres under
the Conservation Collier Land Acquisition Program, at a cost not to
exceed $514,700. (District 5)
D. PUBLIC SERVICES DEPARTMENT
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1) Recommendation to implement quarterly cycles for lands proposed
for the Conservation Collier Active Acquisition List to accelerate the
acquisition of environmentally sensitive land for conservation. (All
Districts)
2) Recommendation to approve and authorize the Chairman to execute a
Camp Host Volunteer Agreement for volunteers to reside on the
property at the Conservation Collier Pepper Ranch Preserve during
the course of their volunteer service. (District 5)
3) Recommendation to approve and authorize a Budget Amendment to
recognize interest earned, in the amount of $264.15, for the period of
January 2022 thru March 2022 on advanced library funding received
from the Florida Department of State to support library services for
the use of Collier County residents. (Public Service Match Fund 710)
(All Districts)
4) Recommendation to approve the First Amendment to Agreement
#20- 7783, “Mental Health Data Collaborative” with 5 Point
Solutions, LLC, to increase the services provided and increase the
contract amount by $206,756.48, to a new five-year total cost of
$407,436 and authorize the Chairman to sign the attached First
Amendment. (All Districts)
5) Recommendation to approve the First Amendment to an agreement
with the Agency for Health Care Administration and an agreement
with Collier Health Services, Inc., d/b/a Healthcare Network of
Southwest Florida and authorize the Chairperson to sign the attached
amendment. (District 4)
6) Recommendation to approve and authorize the Chairperson to sign
two (2) subrecipient agreement amendments between Collier County
and Rural Neighborhoods, Incorporated and Collier County and the
Collier County Housing Authority. (Housing Grant Fund 705) (All
Districts)
7) Recommendation to accept Amendment Six to the American Rescue
Plan Act Coronavirus State and Local Fiscal Recovery Fund Program
Recovery Plan and authorize programmatic funding reallocations; and
authorize the County Manager or designee to sign all sub-award
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agreements and authorize the submission of the annual Performance
Plan. (All Districts)
8) Recommendation to authorize Budget Amendments totaling $200,000
transferring reserves of $150,000 within Domestic Animal Services
Donation Fund (180) and reserves of $50,000 within Domestic
Animal Services Neutering Fund (610) for veterinarian fees related to
neuter/spay and medical treatment. (All Districts
9) Recommendation to approve a budget amendment in the amount of
$100,000 transferring funds from General Fund (001) reserves to the
Domestic Animal Services operating budget to fund shortfalls in
temporary labor, animal supplies, and routine medical supplies. (All
Districts)
10) Recommendation to authorize staff to engage and develop a scope of
work with the Urban Land Institute (ULI) to convene an update and
review of the 2017 Housing Plan and provide guidance on housing
policy recommendations; and to waive competition declaring this a
singlesource service and in the best interest of the County. (All
Districts)
11) Recommendation to approve and authorize the chairman to sign two
(2) mortgage satisfactions for the State Housing Initiatives Partnership
loan program in the amount of $21,750 and approve the associated
Budget Amendment to appropriate repayment amount totaling
$21,750. (SHIP Grant Fund 791) (All Districts)
12) Recommendation to approve a State Housing Initiative Partnership
Sponsor Agreement between Collier County and Rural
Neighborhoods, Inc. in the amount of $200,000 for the administration
of an OwnerOccupied Rehabilitation program. (SHIP Grant Fund
791) (All Districts)
13) Recommendation to approve and authorize the chairman to sign one
(1) Release of Lien for full payment in the amount of $12,722.05
pursuant to an Agreement for Deferral of 100% of Collier County
Impact Fees for Owner-Occupied Affordable Housing Dwellings. (All
Districts)
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July 12, 2022
14) Recommendation to approve and authorize the Chairman to sign three
(3) Emergency Solutions Grants CV Agreements, between Collier
County and (1) NAMI Collier County, Inc. (increases award by
$20,000), (2) The Shelter for Abused Women & Children, Inc.
(increases award by $40,000), and (3) Collier County Hunger and
Homeless Coalition, Inc. (decreases award by $20,000) to respond to
changes with expenditure and draw data deadlines set forth in the
Housing and Urban Development Grant Fund (705). (All Districts)
15) Recommendation to authorize the Chairperson to sign a Fixed Capital
Outlay Certification for a previously executed agreement with the
Department of Elder Affairs for the Golden Gate Senior Center
Expansion and Hardening Project. (Fund 705 Housing Grant) (All
Districts)
16) Recommendation to approve an “After-the-Fact” agreement and
attestation statement with the Area Agency on Aging for Southwest
Florida, Inc., American Rescue Plan Act funding under the Older
American Act grant program for the Collier County Services for
Seniors Program and authorize the necessary Budget Amendments in
the amount of $1,142,888 and the estimated cash match of
$32,635.34. The vendors will also provide the estimated match in the
amount of $22,130. (Human Service Grant Fund 707 and Human
Services Match 708) (All Districts)
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve pay increases of $1per hour effective
August 1, 2022, in consideration of exceptional market conditions, for
employees in the County Manager’s Agency, County Attorney’s
Office, Board Office, and for non-union EMS employees below the
level of Division Director or Managing Assistant County Attorney; to
approve modifications to the FY2022 Pay and Classification Plan for
the County Manager’s Agency; and to provide continued
authorization for the creation of new classifications, modification
and/or deletion of classifications, and assignment of pay ranges from
the proposed Pay and Classification Plans, using the existing point-
factor job evaluation system. (All Districts)
2) Recommendation to approve the administrative reports prepared by
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July 12, 2022
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
3) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve the one-year Sponsorship Agreement
between Collier County and UWP, LLC, d/b/a Pro Watercross World
Championships, for $90,000, and make a finding that the sponsorship
expenditures promote tourism. (All Districts)
2) Recommendation to adopt a Resolution fixing September 8, 2022,
5:05 p.m., in the Third Floor Board Room, 3299 East Tamiami Trail,
Naples, Florida, as the date, time, and place for the Public Hearing for
approving the Special Assessment (Non-Ad Valorem Assessment) to
be levied against the properties within the Pelican Bay Municipal
Service Taxing and Benefit Unit for maintenance of the water
management system, beautification of recreational facilities and
median areas, maintenance of conservation or preserve areas,
management of the dredging and maintenance activities for Clam Pass
for the purpose of enhancing the health of the affected mangrove
forest, establishment of Capital Reserve Funds for ambient noise
management, maintenance of conservation or preserve areas,
including the restoration of the mangrove forest, U.S. 41 berm, street
signage replacements within the median areas, landscaping
improvements to U.S. 41 entrances and beach renourishment, all
within the Pelican Bay Municipal Service Taxing and Benefit Unit.
(District 2)
3) This Item continued from the June 28, 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 or 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)
Page 17
July 12, 2022
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the FY21-22 Adopted Budget. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, authorize its Chairman to execute the attached
Collier County Airport Authority Standard Form Lease Agreement
with Forgotten Coast Flyers, LLC, for aeronautical use office space at
the Marco Island Executive Airport. (District 1)
2) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, authorize its Chairman to execute the attached
Collier County Airport Authority Standard Form Lease Agreement
with Carey International Aviation Services, LLC, for vacant
aeronautical use office, aircraft storage, and equipment storage space
at the Everglades Airpark. (District 5)
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to direct staff to review whether navigation signs
can and ought to be placed in the Rock Creek area to reduce boat
speed to idle/no wake. (District 4)
I. MISCELLANEOUS CORRESPONDENCE
1) July 12, 2022, Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of July 6,
2022. (All Districts)
2) 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 16, 2022, and June 29, 2022, pursuant to Florida
Statute 136.06. (All Districts)
Page 18
July 12, 2022
K. COUNTY ATTORNEY
1) Recommendation to accept an update regarding whether the County
may impose a franchise fee on TECO for natural gas services. (All
Districts)
2) Recommendation to appoint two at-large members to the
Infrastructure Surtax Citizen Oversight Committee. (All Districts)
3) Recommendation to reappoint three members to the Golden Gate City
Economic Development Zone Advisory Board. (District 3)
4) Recommendation to approve a Stipulated Final Judgment in the total
amount of $142,000 plus $35,552.50 in statutory attorney and experts’
fees and costs, for the taking of Parcel 201FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
5) Recommendation to approve a Stipulated Final Judgment in the total
amount of $130,000 plus $44,420 in statutory attorney and experts’
fees and costs, for the taking of Parcel 190FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
6) Recommendation to approve a Stipulated Final Judgment in the
amount of $120,000 plus $26,270.74 in statutory attorney fees,
apportionment fees, experts’ fees and costs for the taking of Parcel
238FEE required for the Vanderbilt Beach Road Extension Project
No. 60168. (All Districts)
------------------------------------------------------------------------------------------------------------
17. Summary Agenda - This section is for advertised public hearings and must
meet the following criteria: 1) A recommendation for approval from staff; 2)
Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting;
3) No written or oral objections to the item received by staff, the Collier
County Planning Commission, other authorizing agencies or the Board, prior
to the commencement of the BCC meeting on which the items are scheduled to
be heard; and 4) No individuals are registered to speak in opposition to the
item. For those items which are quasi-judicial in nature, all participants must
be sworn in.
Page 19
July 12, 2022
------------------------------------------------------------------------------------------------------------
A. 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 Petition VAC-
PL20210002687, to disclaim, renounce, and vacate the County and the
public interest in all, or a portion of, the 30-foot and 60-foot Roadway,
Right-of-Way, and/or Ingress and Egress Easements as Recorded in Official
Records Book 968, Page 975; Official Records Book 1795, Page 1917;
Official Records Book 284, Page 633; Official Records Book 279, Page 284;
Official Records Book 238, Page 398; Official Records Book 404, Page 997;
and Official Records Book 416, Page 609, of the Public Records of Collier
County, Florida, located in Sections 11 and 14, Township 50 South, Range
26 East, Collier County, Florida, being more specifically shown in Exhibit
“A”, and to accept Petitioner’s grant of an access easement to replace the
vacated Roadway Easements. (District 1)
B. Recommendation to amend Ordinance No. 75-16, as amended, 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)
C. Recommendation that the Board adopt an Ordinance amending Collier
County Ordinance No. 2003-36, as amended, providing for the reimposition
of the Five-Cent Local Option Fuel Tax upon its termination on December
31, 2025, effective January 1, 2026, and continuing through December 31,
2055. (All Districts)
D. Recommendation that the Board adopt an Ordinance amending Collier
County Ordinance No. 2003-35, as amended, providing for the reimposition
of the Six-Cent Local Option Fuel Tax upon its termination on December
31, 2025, effective January 1, 2026, and continuing through December 31,
2055. (All Districts)
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
FY21-22 Adopted Budget. (All Districts)
F. Recommendation that the Board adopt an Ordinance amending Collier
County Ordinance No. 2003-34 providing for the reimposition of the Ninth-
Page 20
July 12, 2022
Cent Local Option Fuel Tax upon its termination on December 31, 2025,
effective January 1, 2026, and continuing through December 31, 2055 (All
Districts)
18. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
July 12, 2022
Page 2
MS. PATTERSON: Commissioners, you have a live mic.
CHAIRMAN McDANIEL: And if you all will notice, they will
all just stand down there and visit until I hit the gavel, so that's what
we're doing this morning. So we have a rather lengthy agenda and a
full day ahead of us, so we're going to proceed on.
Good morning, everybody.
THE AUDIENCE: Good morning.
CHAIRMAN McDANIEL: Let's -- as is usually the case, let's
open our meeting with a prayer and a pledge.
And if you would, Pastor Kirt, please lead us this morning.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE – BY
REVEREND KIRT ANDERSON OF NAPLES COMMUNITY
CHURCH – INVOCATION GIVEN
PASTOR ANDERSON: Join me. Heavenly Father, thank you
for bringing us together today. We share our vision for this
community, and, therefore, we share the work. Working together,
may we gather in fondness and humor, leaving our pride at the door,
our hearts and minds are open to how we might just learn, even how
our cherished opinions may be wrong.
Remind us that nothing great ever happens without humility.
Pride asserts completeness and arrival. Humility strives to achieve,
to accomplish, and to celebrate our journey together and to build
Collier County into a place of peace, security, and prosperity for the
benefit of all our citizens.
Proceeding with your spirit to empower us and guide us, we
pray in the name of your incarnate love. Amen.
CHAIRMAN McDANIEL: If you all would remain standing,
July 12, 2022
Page 3
for a moment, please. Collier County lost a dear friend not too
awfully along ago. Ms. Kim Grant, long-time employee of Collier
County, retired and within a very brief time passed in her sleep. So
if you would, please, please bow your heads again to say a quick
prayer. I mean, we already know where she is at, but say a quick
prayer for her. Peace for her family. If you would, please.
(A moment of silence was observed.)
CHAIRMAN McDANIEL: Amen.
Commissioner Taylor, will you lead us this morning, please, in
the Pledge of Allegiance.
COMMISSIONER TAYLOR: I'd be honored.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: Okay. Are you going to read all
of these changes in their entirety or just the line items up front,
because –
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EXPARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA.) – MOTION TO APPROVE BY COMMISSIONER
TAYLOR, SECONDED BY COMMISSIONER LOCASTRO –
ADOPTED W/CHANGES
MS. PATTERSON: I'm going to make it as brief as I can.
CHAIRMAN McDANIEL: That's a good idea. Thank you.
Irrespective of what the County Attorney says you have to do.
MS. PATTERSON: Could we get a motion to allow
Commissioner Saunders to participate.
CHAIRMAN McDANIEL: Oh, yes. Forgive me,
July 12, 2022
Page 4
Commissioner Saunders. I'm sure you're watching. I would like to
please call for a motion for Commissioner Saunders to be able to
attend --
COMMISSIONER TAYLOR: So move.
CHAIRMAN McDANIEL: -- electronically.
COMMISSIONER SOLIS: Second.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I appreciate you doing that.
CHAIRMAN McDANIEL: And we hope you're doing well,
sir.
It's been moved and seconded --
COMMISSIONER SAUNDERS: Much better.
CHAIRMAN McDANIEL: It's been moved and seconded that
we allow Commissioner Saunders to participate telephonically. 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...
MS. PATTERSON: That brings us to Item 2 agenda and
minutes. Item 2A is approval of today -- oh, first I'll read in the
changes, and then we'll move to the approval.
So we've a lengthy change sheet. I'll move this along as
quickly as I can.
The first item is to continue Item 9A to the September 13th,
July 12, 2022
Page 5
2022, BCC meeting. This is further continued from the June 28th,
2022, BCC meeting. It's 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 site
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.
Next, Item 11B is being continued to the September -- oh, I'm
sorry. The prior was being continued at Commissioner Saunders'
and Commissioner McDaniel's separate requests.
Continue Item 11B to the September 13th, 2022, BCC meeting.
This is to provide an update to the Board of County Commissioners
regarding the recommendation to designate a sports tourism director
within the Convention and Visitors Bureau's Tourism Division that
shall provide dedicated oversight to the county's interests relating to
the Paradise Coast Sports Complex as it relates to the day-to-day
activities, sales efforts, sports marketing management, and
administration of the county's relationship with Sports Facilities
Companies, the complex management company, and the promotion
of tourism. This is being moved at Commissioner Saunders' request.
Continue Item 16A12 to the September 13th, 2022, BCC
meeting. This is a recommendation to approve the FY '2022/'23
10-year capital planning document for Fund 195, Beach
Renourishment and Pass Maintenance, Fund 185 Program
July 12, 2022
Page 6
Management Administration, and to make a finding that these
expenditures promote tourism. This is being moved at staff's
request.
Move Item 16C3 to 11O. This is a recommendation to approve
Change Order No. 2 in the amount of $212,079 to provide additional
design engineering services and to approve the first amendment for
the design of the gymnasium and approve the required budget
amendments for the execution of Agreement No. 18-7279 for Big
Corkscrew Island Regional Park. This is being moved at
Commissioner McDaniel's request.
Move Item 16D10 to 11Q. This is a recommendation to
authorize staff to engage and develop a scope of work with the Urban
Land Institute to convene an update and review of the 2017 housing
plan and provide guidance on housing policy recommendations and
to waive competition declaring this a single-source service and in the
best interest of the county. This is being moved at Commissioner
McDaniel and Commissioner LoCastro's separate requests.
Move 16D6 to Item 11P, recommendation to approve and
authorize the Chairperson to sign two subrecipient agreements
between Collier County and Rural Neighborhoods, Incorporated, and
Collier County and the Collier County Housing Authority. This is
being moved at Commissioner McDaniel and Commissioner
LoCastro's separate requests.
Move 16F3 to 11R. This item had previously been continued
from the June 28th, 2022, BCC meeting, and 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 or 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
July 12, 2022
Page 7
tourism. This is being moved at Commissioner McDaniel's request.
Continue Item 17B to the September 13th, 2022, BCC meeting.
This is a recommendation to amend Ordinance 75-16, as amended, 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. This is being moved at Commissioner McDaniel's
request.
Continue Item 16A1 to the September 13th, 2022, BCC meeting.
This is a recommendation to direct staff to bring back an amendment
to Ordinance 2013-57, the Administrative Code for Land
Development, to address an express concern for public safety
regarding meeting decorum, location, and virtual options for
neighborhood information meetings. This is being moved due to the
move of 17B, as it's reliant on information from that.
I have a correction to the title of Item 16C4. This is a
recommendation to award an Invitation to Bid No. 22-7974, cartridge
filters for water treatment plants. There was a reference that needs
to be deleted. It says, "and authorize the Chair to sign the attached
agreement." That should not have been there.
We have a time -- I'm sorry. On 11B, which is being continued,
there is a reference to the director position, which should read
"deputy director." That will be cleared up when that item comes
back forward.
And, lastly, we have a time-certain at 1:00 p.m. That's
Item 5D, which is a legislative appropriation check presentation for
the Golden Gate City Water Resource Protection and Restoration
Master Plan, and we have planned court reporter breaks at 10:30 and
2:50.
CHAIRMAN McDANIEL: Thank you. And you'll remind me
appropriately for those.
July 12, 2022
Page 8
MS. PATTERSON: I will.
CHAIRMAN McDANIEL: Because I will forget.
Well, there you have heard the changes, ladies and gentlemen.
Commissioner Saunders, since you're remote and there is
somewhat of a delay, forgive me in advance if I speak over you. But
do you have any disclosures or additions or changes to today's
agenda?
COMMISSIONER SAUNDERS: I have no disclosures, and I
have no additional changes to the agenda.
CHAIRMAN McDANIEL: Okay. Commissioner Solis?
COMMISSIONER SOLIS: No disclosures, no changes. A
question, though, relating to the item that had to do with the NIMs,
and we're -- we're continuing that until when? I'm sorry.
COMMISSIONER TAYLOR: Middle of September.
CHAIRMAN McDANIEL: When we come back from our
summer break.
MS. PATTERSON: Item 17B is the ordinance, and Item 16A1
is related to the NIMs, and because they have dependent language,
they're both being continued to September 13th.
COMMISSIONER SOLIS: Right. Can I -- I'm just trying to
understand why we're doing that. Is there a reason that we're going
to continue that?
CHAIRMAN McDANIEL: Predominantly, there was
communication late yesterday between our County Attorney and the
Sheriff's attorney. There were language adjustments that were made
as late as yesterday --
COMMISSIONER SOLIS: Oh.
CHAIRMAN McDANIEL: -- number one.
Number two, my premise and my recollection of our discussions
with regard to this was to develop a decorum within these chambers
and then have policy develop to carry those decorum requisites
July 12, 2022
Page 9
throughout our advisory committees and NIMs and the like, and I
didn't find that to be the case in what was presented. So, hencefo rth,
that's why I'm pushing it.
COMMISSIONER SOLIS: Well, I mean -- and if there's some
feedback from the Sheriff then, okay, okay.
So I have no disclosures, no other changes to the consent or
summary judgment either.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro,
you lit up. Is that on the previous discussion?
COMMISSIONER LoCASTRO: Yes, yeah. Just to add, I
mean, I had a good discussion with our County Manager and Deputy
yesterday about the NIMs. My concern was if it's continued to
September, we have a lot of NIMs that are coming up. I'm hoping
it's not business as usual and we hope we get lucky and don't have
another one that's, you know, uncivilized.
And they gave a very solid answer, which is they've met with
our teams who have projected NIMs that are coming up, and it won't
be business as usual. We'll have more boots on the ground, as we
sort of say in the military, and a bunch of other things that I liked
hearing. So I'm oversimplifying it, but it was a long discussion in
my office to just make sure that we don't have, you know, another
fiasco while we wait until September to get everything in print, which
I understand that requirement. But let's make sure as NIMs come up
we don't just cross our fingers and hope that they go well, and we're
not. So I don't know if they want to add any more detail, but I was
satisfied with what I heard. And as we see NIMs coming up, I think
it behooves all of us to make sure citizens have a voice, the NIMs go
well, they're not a waste of time, and they're safe and secure and all
the things that we all want, but we have to actively do something.
CHAIRMAN McDANIEL: Policy developed around those
things.
July 12, 2022
Page 10
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN McDANIEL: That was my main premise.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Talking, again, about the
conduct within our meetings and that it would move over to the NIMs
or be part of the NIMs, it was my understanding that we were just
going to -- we were going to depend on the Sheriff to guide us in this;
not our way of developing, but that we would, of course, have
decorum and procedures that we already have in this room. But the
issue is when those -- that decorum and those procedures aren't
respected, what can be done? And that, I think, is the crux of it.
So I am disappointed that this is being continued. I'm not sure
that the issues that the Sheriff brought forward even warrant it not
being discussed today. I do know that there are several controversial
issues coming before us, especially in District 1 where there are
going to be NIMs. And people are energized right now, and maybe
in some ways some are inspired by what happened at the sports
complex. So I think it's very important that we go forward with thi s.
I don't agree to asking this to be delayed.
CHAIRMAN McDANIEL: Okay. Moving on.
Commissioner LoCastro, do you have any additional changes or
disclosures?
COMMISSIONER LoCASTRO: No disclosures, but one
add-on for the record.
On 16A6, it concerns Pelican Lakes and some easement
discussion. Just for the record, after talking with the County
Manager yesterday, it's important that I add that the applicant has
agreed that the installed 7-foot hedge, which is in the details here,
will actually be maintained at nine feet once it gets to that level to
provide additional screening along the storage area that's being used
along the boundary, and that condition will remain part of record in
July 12, 2022
Page 11
perpetuity, I guess. So we had a lot of discussions about 16A16.
And I wanted to add that.
I also wanted to just add on 16G2, which had to do with airport
storage space, any citizens that are looking at the agenda and go,
wow, if you want cheap storage, get it from the county at the
Everglades or Marco Island Airport. And I don't disagree. But we
had a long discussion in our office how we are attacking those fees to
make sure they meet a little bit more of sort of the fair market value.
So I liked what I heard as moving forward. That's all I have.
CHAIRMAN McDANIEL: And just as a clarification on that,
you can't just rent a hangar for storage. You have to --
COMMISSIONER LoCASTRO: Right, yeah.
CHAIRMAN McDANIEL: It has to be an aviation use, and
there is criterion there for the tenants to utilize the facilities.
COMMISSIONER LoCASTRO: But it's a bargain.
CHAIRMAN McDANIEL: It is a bargain. Perceptively, it is
a bargain, but be that as it may.
COMMISSIONER LoCASTRO: Time's running out on the
bargain.
CHAIRMAN McDANIEL: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: I have no disclosures for 16A3.
16A4, I am disclosing I've had emails on this item. Nothing for
16A5. 16A6, I've had emails on that, and no disclosures for 17A.
So there's just two that I've had emails on.
And then I would like to just mention that the issue that,
Commissioner Saunders, you've asked to be moved to
September 13th, which has to do with the appointment or the process
by which we begin soliciting the help of somebody in the community,
whoever responds to our RFP, I guess it is, or an RFQ, this is the very
beginning of it, and by moving this to September the 13th, we've
delayed it now for two months. The thought was -- of staff is to
July 12, 2022
Page 12
move this forward and then to be -- to prepare the solicitation that I
assumed would be coming back to us for our final review.
So I'm respectfully requesting that you might consider
the -- instead of continuing it, to have a discussion at least today, and
then if we wanted to continue it at that time, that we would, but not to
automatically move this to September the 13th.
COMMISSIONER SAUNDERS: Okay. So you're referring
to Item 11B, the sports tourism director?
COMMISSIONER TAYLOR: That is correct.
COMMISSIONER SAUNDERS: I have no problem putting
this on the regular agenda and listening to the discussion. I may still
want to continue it --
COMMISSIONER TAYLOR: Right.
COMMISSIONER SAUNDERS: -- because we've gotten
some information concerning the job description of what we're trying
to put together here. And I want to make sure that we don't miss an
opportunity to have the appropriate job description. So if what
you're suggesting is we move forward with this with an
understanding that in September when we go out to bid we'll be able
to adjust the job description appropriately, that's fine.
CHAIRMAN McDANIEL: Do you want to put it back in as
11B?
COMMISSIONER SAUNDERS: I don't object to moving that
to the regular agenda.
COMMISSIONER TAYLOR: Just clarify for the
record -- sorry. To clarify for the record, 11B. So it would return to
11B. But this is -- actually would be a recruitment. So this is a job
description, the basis of which would be a recruitment for a full -time
member of staff and also to note that this is -- there is an error in the
title, which I reference on the change sheet. This is a deputy
director, not a director. We have a director of tourism. This is one
July 12, 2022
Page 13
that will slate in underneath of that position. But we're happy to
keep it on 11B.
COMMISSIONER SAUNDERS: Let me just be a little bit
more clear. I'm concerned about the job description. We've all
received correspondence concerning that. And I'd rather go slow
and get it right than go fast and think we did something wrong.
And, Commissioner Taylor, I understand a month's delay, I
understand what that means, but we're talking about a long-term
position, and I just want to make sure we get it right. So I think
in -- after listening to that conservation, I think the best thing to do is
to continue this. Let me massage this a little bit more. I brought
this forward originally, and I just want to make sure it's done right.
And a month's delay, I don't think, is going to create a problem for us.
I'd rather just -- I think I'd rather keep it as a request to continue this
until September 13th, and let me make sure that we've got the right
terminology and everything for this.
COMMISSIONER TAYLOR: Thank you. I respect your
request. Thank you very much.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: And how are you folks feeling?
I'm okay with continuing it and abiding by it. I concur with
Commissioner Saunders -- I'm okay with talking about it today, too,
if you wish. But either way, I think we should acquiesce to
Commissioner Saunders' request for a continuance. So we'll leave
that alone.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: So with that, myself, I have no
other adjustments to the agenda and/or disclosures with regard to
consent and/or summary.
MR. MILLER: Excuse me, Mr. Chair. I have a registered
speaker for Item 16A16 on Zoom, John Albert.
July 12, 2022
Page 14
Mr. Albert, you should be prompted to unmute yourself, if you'll
do so at this time.
CHAIRMAN McDANIEL: Thank you, Troy. I missed that on
the board here.
MR. MILLER: All right. Mr. Albert, we see you there. You
have three minutes, sir.
MR. ALBERT: Thank you. Good morning. And thank you
for allowing me to address you this morning regarding 16A16.
My name is John Albert, and I'm the current president of Pelican
Lake property owners association, and I have been so since April of
this year.
Our community is comprised of 289 households, and that places
us over twice the number of Copper Cove households at 137.
Before being elected president, I was on the legal working group
for the POA and learned of issues with our neighbors in Copper Cove
and began working diligently to resolve those. Those issues arose
many years ago, and I believe both communities have spent
tremendous amount of time and, in the case of Pelican Lake,
hundreds of thousands of dollars on attorney's fees, engineering fees,
and groundskeeping fees in order to work to rectify these issues.
Today's meeting regarding our proposal for an easement-use
agreement is actually the next step in several final steps to cure all
points of contention with Copper Cove. Copper Cove is keen to
have a visual barrier erected along our eastern boundary with the
property so they no longer have view of our trailer storage area as
they leave their neighbor.
We are equally interested in being able to erect this area.
Pelican Lake has removed all encroachments on Copper Cove
property, and the only remaining issue with that community is the
visual barrier between our two properties.
Both the LDC and our PUD allow for a 15-foot Type A foliage
July 12, 2022
Page 15
buffer. And if this EUA is approved, we will move quickly to install
the appropriate plantings for a Type A buffer. In the absence of your
approval, I'm informed that any plantings we might undertake would
put us in violation of the current easement, and it is for this reason
that I am hopeful that the commissioners will hear and approve our
EUA proposal today. Thank you.
CHAIRMAN McDANIEL: And we have so done, with your
comments, and --
COMMISSIONER LoCASTRO: Absolutely. I met with them
yesterday.
CHAIRMAN McDANIEL: I'm glad you brought that up,
because I had a similar conversation with Jamie as well with regard
to how we're going to manage that and get through to the end.
With that, I'm going to call for a motion for approval of the
agenda as amended.
COMMISSIONER TAYLOR: So move --
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: -- and adjusted. It's been moved
and seconded that today's agenda be accepted, and the consent
approved as well. Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: (No response.)
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Did I hear Commissioner
Saunders?
COMMISSIONER SAUNDERS: Oh, aye. I'm sorry. Thank
you.
July 12, 2022
Page 16
CHAIRMAN McDANIEL: Okay. The ayes have it. It's been
moved and seconded. So, therefore, we go.
Now, before we go into the next step here with the -- well, you
know what, let's go ahead and do No. 2 and take care of the minutes
and such, and then I want to do the artist of the month before I forget.
July 12, 2022
Page 17
Item #2B and #2C
BCC JOINT WORKSHOP MINUTES FROM JUNE 7, 2022, AND
JUNE 16, 2022, SPECIAL MEETING MINUTES, INCLUDING
THE JUNE 16, 2022, BCC BUDGET MEETING MINUTES –
MOTION TO APPROVE AS PRESENTED BY COMMISSIONER
LOCASTRO; SECONDED BY COMMISSIONER TAYLOR –
APPROVED
MS. PATTERSON: Item 2B is approval of the June 7th, 2022,
Board Joint Workshop.
CHAIRMAN McDANIEL: Do you want to do all of these in
a -- these are all just minutes. Do you want to do them in total?
MS. PATTERSON: Sure. And Item 2C is June 16th, 2022,
BCC minutes.
CHAIRMAN McDANIEL: Okay. Let's have a motion for
approval.
COMMISSIONER LoCASTRO: Motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the minutes as printed and distributed. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
July 12, 2022
Page 18
CHAIRMAN McDANIEL: So moved.
Okay. Now, with that, we're going to do the Artist of the
Month and the bio. Our July artist -- and, by the way, the display is
in the back of the room and on the side walls.
Our July Artist of the Month is Marina Lounis. She has had her
art presented throughout Florida since 2015. Currently her paintings
are included in collections from 20 states from Florida to California.
In '22, Ms. Lounis' is focusing primarily on tropical botanicals, and
her current collection shown here is titled "Naples Palm Tree
Portraits." She says, I am so happy that 120 of my palm tree
paintings and prints are decorating the walls in Florida homes.
Earlier this year, Ms. Lounis donated 10 original paintings to the
Tampa Zoo that were featured in the zoo's auction, and she is looking
forward to supporting local charities such as the Naples Zoo and the
Naples Botanical Gardens.
Ms. Lounis is the owner of Art Point Gallery located in
downtown Naples at 550 10th Street North. And if you have a
moment during our court reporter's break or lunch break, please take
some time and enjoy her artwork. Okay.
Item #3A1a
20 YEAR ATTENDEES – JENNIFER ZIGLAR – PROCUREMENT
SERVICES, OPERATIONS ANALYST – PRESENTED
MS. PATTERSON: Okay. Item 3, awards and recognitions.
We have three employees with us today.
The first is a 20-year attendee, Jennifer Ziglar, Procurement
Services operations analyst.
(Applause.)
CHAIRMAN McDANIEL: We'll get a picture. Once we're
July 12, 2022
Page 19
done, all you with signs are coming up here.
Now, please stay up here, Jen. Come on. Bring your signs,
please. Quick, like a bunny.
(Applause.)
THE PHOTOGRAPHER: Hey, guys. If you're a little bit
shorter, come to the front for me. We're going to do two rows.
CHAIRMAN McDANIEL: It doesn't have to be perfect.
COMMISSIONER TAYLOR: Hold those signs up. There we
go.
(Applause.)
CHAIRMAN McDANIEL: Okay.
Item #3A2a
25 YEAR ATTENDEES – ERIC HAVENS – EMERGENCY
MEDICAL SERVICES DIVISION, BATTALION CHIEF –
PRESENTED
MS. PATTERSON: Next, we have a 25-year attendee, Eric
Havens, Emergency Medical Services battalion chief.
(Applause.)
Item #3A3a
30 YEAR ATTENDEES – EDWIN BARROSO – PARKS &
RECREATION, CREW LEADER – PRESENTED
MS. PATTERSON: Our 30-year attendee is Edwin Barroso,
Parks and Recreation crew leader.
(Applause.)
COMMISSIONER LoCASTRO: I assume you're security at
July 12, 2022
Page 20
the park, right? This is what it looks like.
(Applause.)
CHAIRMAN McDANIEL: Here we go.
Item #3Da
RECOGNIZING RANDALL MCDANIEL, IN THE CAPITAL
PROJECT PLANNING, IMPACT FEES AND PROGRAM
MANAGEMENT DIVISION, AS THE JUNE 2022 EMPLOYEE OF
THE MONTH – RECOGNIZED
MS. PATTERSON: All right. Employee of the Month.
Item 3D is a recognition of our Employee of the Month. This is a
recommendation to recognize Randall McDaniel in the Capital
Project Planning, Impact Fees, and Program Management Division as
the June 2022 Employee of the Month. While he makes his way
up --
COMMISSIONER TAYLOR: Here he comes.
MS. PATTERSON: Here he comes.
(Applause.)
MS. PATTERSON: I'm going to read about you.
CHAIRMAN McDANIEL: For the record, no relation that
we're claiming.
MS. PATTERSON: Let me tell you a little bit about
Mr. McDaniel, Randall.
Randall's a laboratory quality assurance specialist in the Capital
Project Planning, Impact Fees, and Program Management division,
and has been employed with the county since 2010.
The primary role of a quality assurance specialist is to ensure
that laboratory personnel adhere to processes, policies, and practices
that are outlined by regulatory agencies.
July 12, 2022
Page 21
Randall has been a high performer in his role and is always
looking for ways to be more efficient. For instance, in 2013 the
laboratory utilized a paper-based process for analyzing 80,000 tests
per year. Randall developed a database called "ordering reagents
chemical archive" to transition the lab to an electronic process that
was 95 percent paperless. Since then, he continues to maintain the
program and add features needed to meet changing regulatory
requirements.
Recently Randall was asked to assist the laboratory supervisor
with a Microsoft Excel based tool that uses visual basics for
applications code to review large amounts of data and convert it into
a dataset that easily integrates into a state water quality database
called Win.
The existing conversion process was time consuming because
the code was incomplete, and the user tool was forced to manually
adjust the data. Randall took it upon himself to learn VBA code in
his personal time, and was ready to make improvements to the
program in a few short weeks. Randall added code to the data
review program which resulted in a shorter three-step process. His
improvements resulted in a time savings of about seven -and-a-half
hours per month.
To have these improvements implemented by a contracted firm
would have cost more than $1,000. Randall's effort improved the
dataset in the system and, more importantly, continues to save the
division time.
Randall is committed to improving the efficiency of laboratory
operations, and he's both willing and able to leverage technology to
do so. For these reasons, Randall was selected as June 2022
Employee of the Month.
(Applause.)
CHAIRMAN McDANIEL: Thank you for all that you do, sir.
July 12, 2022
Page 22
Can we have that bunch come up here, please, all of you
cheering back in the back. Absolutely. Thank you.
COMMISSIONER TAYLOR: Special request.
MR. McDANIEL: I couldn't do this without my crew. I put
the system in place, but they enact it every day. So I appreciate that.
(Applause.)
CHAIRMAN McDANIEL: Before we go to presentations,
Commissioner LoCastro had a brief statement.
COMMISSIONER LoCASTRO: Yeah. There was just
somebody else I wanted to recognize that some of you may know or
may not. But Keith Wallace for many years was a security
contractor, one of our senior leaders here. Always behind the scenes
but always out in front. Some of you might remember several
months ago I recognized him -- we all recognized him for the work
he does in the community. He dresses up like Capital America. He
goes to NCH. He visits children who are in the hospital and just
does so much charity work in the community, but he's just such -- he
was such a professional here in the county. He is now pursuing
other interests. But Friday was his last day. So, Keith, wherever
you are, thank you so much for your service. You know, you truly
are a dedicated employee. We're sorry to lose you, but we know
you've got bigger dreams that you're pursuing, and, you know, we
wish you the best.
COMMISSIONER TAYLOR: May I?
(Applause.)
COMMISSIONER TAYLOR: I'd like to say something. I
never met Mr. McRandall or -- oh, it's McDaniel. Randall
McDaniel. Oh, my goodness. I didn't realize. No relation, though.
CHAIRMAN McDANIEL: He can't be all bad.
COMMISSIONER TAYLOR: No relation.
CHAIRMAN McDANIEL: Not that we're claiming, although I
July 12, 2022
Page 23
will claim him if he wants to be my cousin or something.
COMMISSIONER TAYLOR: But when I heard why he was
awarded Employee of the Month, and I realized, I just sat up and
thought, I want to say this. This is what makes Collier County great.
We have incredible employees here who take the initiative, who
understand that it's your money, taxpayers' money that's at stake, and
put their heart and soul into what they do, and I think Mr. McDaniel
is an example of that: Creativity, hard work, steadfastness, and
getting results. So congratulations again.
CHAIRMAN McDANIEL: On his own, learned the code,
wrote the program to be initiated by our folks.
COMMISSIONER TAYLOR: That's just -- yes.
CHAIRMAN McDANIEL: Outstanding.
COMMISSIONER TAYLOR: Yeah, thank you.
CHAIRMAN McDANIEL: Okay.
Item #4A
PROCLAMATION DESIGNATING JULY 16, 2022, AS THE 65TH
ANNIVERSARY OF COLLIER COUNTY MEDICAL SOCIETY.
ACCEPTED BY APRIL DONAHUE, EXECUTIVE DIRECTOR,
COLLIER COUNTY MEDICAL SOCIETY, AND DR. REBECCA
SMITH – MOTION TO APPROVE BY COMMISSIONER
TAYLOR, SECOND BY COMMISSIONER LOCASTRO –
ADOPTED
MS. PATTERSON: Moving on, that brings us to Item 4A.
These are proclamations. This is a proclamation designating
July 16th, 2022, as the 65th anniversary of Collier County Medical
Society. To be accepted by April Donahue, CCMS executive
director; Dr. Rebecca Smith, CCMS board of directors incoming
July 12, 2022
Page 24
president; Nancy Wood, CCMS executive assistant; and
Dr. Alejandro Perez-Trepichio -- I just wrecked your name. So
sorry -- CCMS Board of Directors President.
Thank you.
CHAIRMAN McDANIEL: There we go.
(Applause.)
COMMISSIONER TAYLOR: You're going to pronounce your
name for us. Congratulations. 65 years, wow.
(Applause.)
CHAIRMAN McDANIEL: Would you like to say a few
words, sir?
DR. PEREZ-TREPICHIO: Sure.
So good morning, Commissioners and the public in general.
This is a personal honor and a privilege to be here and -- for
representing our members and the ability to receive this nomination.
And, certainly, that's important to us in the community because our
community, our society, some of you may or may not know, started
in 1957 with 10 physicians, and now we are in excess of 700. So
that's a large number of our community for the care we provide not
only to the Collier County residents but those who visit Collier and
beyond.
And so it is extremely important at the professional level as
physicians to continue to provide the excellent care that this
community is able to enjoy and beyond.
And now I will add that we added the ability to have residents
and fellows. So we hope that those young minds will stay in Collier
County and will help us to continue this legacy throughout.
So thank you for this. This is an honor, and we couldn't be
more proud of this. So thank you very much to everybody, and
thank you to the community for the support throughout these years.
We hope that you continue to do so.
July 12, 2022
Page 25
Thank you.
MS. PATTERSON: That brings us to Item 5.
Oh, could we get a motion for the proclamation, please.
COMMISSIONER SOLIS: So moved.
CHAIRMAN McDANIEL: I will call for it, yes. It's been
moved and --
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the proclamation as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: Thank you.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JULY 2022 TO WINTRUST BANKING
CENTER. ACCEPTED BY TARA FEDORKO, SENIOR VICE
PRODIDENT. ALSO PRESENT IS BETHANY SAWYER, VICE
PRESIDENT OF MEMBERSHIP, THE GREATER NAPLES
CHAMBER OF COMMERCE – PRESENTED
That brings us to our presentations section. Item 5A is a
July 12, 2022
Page 26
presentation of the Collier County Business of the Month for
July 2022 to Wintrust Banking Center. The award will be accepted
by Tara Fedorko, senior vice-president; Wendy Aguilera, vice
president, retail banking; and Leo Solar (phonetic), business
community banking officer. Also present is Bethany Sawyer, vice
president of membership, Greater Naples Chamber of Commerce.
(Applause.)
MS. PATTERSON: Item 5B -- I'm sorry. I just jumped the
gun.
MS. FEDORKO: No problem. Hello, Commissioners and
Chamber, thank you for having us here today. Thank you, Greater
Naples Chamber. We are grateful and honored to be the July
Business of the Month.
I am Tara Fedorko, senior vice president, with my c olleagues,
Leandro Solar, community business banker, and Wendy Aguilera,
vice president.
Our bank is Wintrust Banking Center in Naples offering
full-service banking that include wealth, mortgage, commercial, and
lending. We have deep roots in Chicago, Wisconsin, Illinois. Our
headquarters are in Rosemont, Illinois.
We opened in March 2019 and going strong in our fourth year in
Naples. We employ a team of 12 and currently are negotiating to
secure another branch location in Olde Naples. And we will open a
branch in Bonita Springs this fall.
We are strong supporters of Naples and the greater Collier
County. I sit on the HELP board. Wendy Aguilera is with Literacy
Collier Volunteers of Collier County, and Leo is an active member of
the Chamber's Small Business Council.
And we are strong believers in giving back to many partnered
organizations that include many organizations: Youth Haven, Harry
Chapin, Naples Historical Society, the Botanical Gardens, the Zoo,
July 12, 2022
Page 27
and we do the Annual Wine Festival.
We look forward to continuing our growth in the community
and are grateful to be here today. Thank you so much.
CHAIRMAN McDANIEL: Before you go away -- we can clap
for that.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I just wanted to piggyback on
something Wintrust is also doing. As a veteran myself of 24 years, I
always love when I see businesses step forward to recognize
veterans. I got an invitation through the VFW, which I'm a member,
but it's been blasted out all over Collier County that on July 14th
from 5:30 to 8:00 at your bank you're recognizing veterans, giving
them all some sort of recognition, you know, gift. I heard it's Rolex
watches? We're not allowed to take that. I don't know. Your
bank's doing very well.
But I always think -- I always think that that's great when people
publicize that. It means a lot to veterans, and it means a lot to this
patriotic community. So thank you so much for doing that. I regret
I won't be able to be there because I'm speaking at an event with the
East Naples Civic Association. But, you know, I know that a lot of
my fellow veterans will be there, and they'll be very appreciative, and
thank you so much.
MS. FEDORKO: Thank you.
CHAIRMAN McDANIEL: Okay. Now we're ready.
Item #5B
PRESENTATION OF THE “AGAINST ALL ODDS” AWARD,
FOR CALENDAR YEAR 2021, TO PEGGY RODRIGUEZ –
PRESENTED
July 12, 2022
Page 28
MS. PATTERSON: Now we're ready. Item 5B is a
presentation of the Against All Odds Award for calendar year 2021 to
Peggy Rodriguez.
(Applause.)
(A video was played as follows:)
My name is Peggy Rodriguez. I am the regional director for
programs for Catholic Charities in Collier County. I have worked
with Catholic Charities for 19 years and live and grew up in
Immokalee. So this is my home.
I say I grew up in Immokalee. I really -- my parents were both
farmworkers before I was born. They met in the fields. And
they -- I actually was born in Michigan because they were following
their crops. Like many of our farmworkers, they follow the season.
So I was born in August, so that means they were working in
Michigan at the time, and I was born there and for the first few years
of my life remember migrating back and forth with them, living on
migrant camps. I have fond memories of Michigan with apple trees
and cherry trees around me, even going to the fields with my parents
at the time.
And eventually they settled in Immokalee. Both sets of parents,
the families, settled in Immokalee. So this is eventually where I
grew up at five or six years old. You know, I remember having
holes in the floors or the walls.
And, I mean, the housing was a true struggle with -- like I said,
without even me realizing it. You know, my mom would tell me,
you know, she'd be afraid to go in the restroom because there might
be some kind of animal in there. Thinking back on that on how I
could have gone in a completely different route in my life, many
people would just say, you know what, well, my parents did
farmwork, and I'm just going to continue that and really limit the
possibilities in my future.
July 12, 2022
Page 29
But after I graduated high school, there wasn't very much
opportunities in town. I know there's a lot more for students
continuing their education now, but back then there wasn't much. So
I just went straight to working. I didn't see the importance of
continuing school. I just wanted to get to work and do something.
Like I said, I was fortunate to be able to find this position here.
But I have seen the importance of education and have returned
back to school myself now and -- because I want to instill those same
qualities in my children. I want to encourage my children to
continue their education after school, and I want to show them that
anything is possible. And I -- you know, I want to basically achieve
this for myself but also for my family.
I felt so fortunate in the opportunities that I've had within this
organization. I was able to move up to a caseworker eventually, an
assistant program director, even director of our local Immokalee
office, Guadalupe Social Services. Now I am fortunate enough to be
the regional director for Collier County, but I always have that sense
of gratitude and appreciation for the fact that I can help make changes
in those individuals that were probably -- are going through the same
things that even our farmworkers, you know, 30, 40 years ago were
still going through.
So I never forget that and truly appreciate the fact that I have
been given this opportunity to hopefully make changes in people's
lives. And we try to hear those firsthand stories and try to me et the
needs of those individuals within our community in Immokalee. So
I'm just so appreciative of that.
(Video concluded.)
(Applause.)
CHAIRMAN McDANIEL: We're going to bring the rest of
them up, if you would, after we're done.
MS. RODRIGUEZ: Oh, okay.
July 12, 2022
Page 30
(Applause.)
CHAIRMAN McDANIEL: Everybody else with the Catholic
Charities, Guadalupe, come on, please. These folks do a wonderful
service to our community, not just in Immokalee, but all throughout
Collier County, so...
Color coordination going on, too. Outstanding, thank you so
much.
(Applause.)
MS. RODRIGUEZ: I just want to take a quick minute and
thank the Board of County Commissioners for the opportunity and
for allowing me to be the recipient of this award. I'd like to thank
my family for always supporting me and most especially our CEO,
Eddie Gloria, for, from day one, believing in me, pushing me
forward, so thank you so much. And I hope to continue serving my
community as I have.
CHAIRMAN McDANIEL: Thank you, Ms. Peggy.
(Applause.)
CHAIRMAN McDANIEL: Okay.
Item #5C
“TOGETHER WE CAN PREVENT GUN VIOLENCE”
PRESENTATION BY SUSAN CONE, KIM CRAIG, AND
KATHLEEN MUNIZ REPRESENTING MOMS DEMAND
ACTION FOR GUN SENSE IN AMERICA, SOUTHWEST
FLORIDA GROUP – PRESENTED
MS. PATTERSON: Item 5C, "Together We Can Prevent Gun
Violence" is a presentation by Susan Cone, Kim Craig, and Kathleen
Muniz representing Moms Against Action -- Moms Demand Action
for Gun Sense in America, Southwest Florida Group.
July 12, 2022
Page 31
MS. CONE: Great. Thank you. Can you hear me okay?
Wonderful.
Good morning, Commissioners, good morning County Attorney,
good morning, staff, and good morning, fellow members of our
community. Thank you for this opportunity to speak to you today.
My name is Susan Cone, and joining me this morning are Kim
Craig and Kathleen Muniz, both of whom you will hear from in a
moment. We are part of the volunteer leadership team for the
Southwest Florida Group of Moms Demand Action for Gun Sense in
America, and today our presentation is essentially as follows: Who
we are, what we do, and what you can do to help.
We can't sit silently on the sidelines and expect other people to
do this work. Solving the issue is not just about knowing there's a
solution to gun violence; it's about making the personal commitment
together with this massive gun violence community to actually roll up
your sleeves and do the work.
Our mission is to prevent gun violence in all of its forms,
through hate-motivated violence, community gun violence, police
violence, or firearm suicide, and we can't accomplish that mission
unless we all work together.
We know that as a commission your ability to pass ordinances is
limited by the Florida preemption law; however, we also know, as
you have shown us in the past, that local governments play a very
crucial and important role in keeping us all safe. For example, in
2019 there was a movement to reduce funding for our youth relations
deputies in our public schools and, in your wisdom, you decided to
continue funding this very important relationship. So thank you very
much for that.
And also last year there was a movement to make Collier
County a bill of rights sanctuary county which would have basically
meant that our county ignore federal laws that relate to gun violence,
July 12, 2022
Page 32
and in your wisdom, you decided that probably wouldn't contribute to
our public safety. So thank you very much for that. So you do play
a very important role in keeping us safe.
Next up I'd like to have Kim Craig come up.
MS. CRAIG: Moms aren't just moms. We're grandparents,
dads, kids. We're mothers and others. We are anyone and everyone
who wants to stop gun violence and save lives. Most importantly,
we are nonpartisan grass-roots movement, and we support the Second
Amendment.
We aren't paid. We don't pay dues or an initiation fee. We do
this work because each and every one of the eight million supporters
want to end gun violence in America.
Moms started by one woman, a mom of five, Shannon Watts,
sitting in her kitchen. She started a Facebook page back in 2012
after the Sandy Hook massacre in New Town, Connecticut, when 20
six- and seven-year-olds and six staff members were murdered in
their classroom, and she decided something had to change.
Well, since 2012, things have certainly changed. We are Moms
Demand Action. We've partnered with Every Town for Gun Safety,
Every Town Survivor Network, and Students Demand Action.
We're data-driven, using evidence-based actions to reduce gun
violence at the local, state, and national level. We educate gun
owners through our "be smart" program about safe storage and
keeping guns out of the hands of children, and we support survivors
of gun violence, someone who has lost a loved one to gun violence or
cares for a victim of gun violence.
We have chapters in every state and 10 in Florida. Naples and
Fort Myers moms have joined to create Southwest Florida Moms.
When Katherine Cunningham and I met at the first Moms meeting in
2014, we were an army of 12, and today, locally, we're an army of
600.
July 12, 2022
Page 33
We have a leadership team, and we have a survivor LEAD,
suicide prevention LEAD, "be smart" campaign, legislative LEAD,
community outreach, education, and community violence
intervention. As I mentioned, we are grass-roots, boots on the
ground, but we are under the umbrella of Every Town for Gun
Safety. Every Town supports us by providing live and daily updates
on gun violence incidents, injuries, and deaths across the nation.
They are gun policy experts. Among them we have a public
affairs team in every state house and in Washington. They are
lawyers, researchers, and professionals. Every Town provides us
with experts and social media and technology that allow us to
communicate effectively and quickly.
MS. CONE: Many of us joined this movement because of a
specific incidence of gun violence, usually a mass shooting, and each
of us reached a point where enough was enough, and we couldn't just
continue to sit by silently. We decided we needed to step up and get
involved, but the tragic reality is that every single day in this country
110 people are killed because of gun violence incidents and over 200
more are wounded.
Most of these tragedies never make the headlines, especially
when we're talking about death by gun suicide or gun violence in
black and brown communities.
The most recently updated CDC data -- mortality data is
shocking. In 2020, firearms were the leading cause of death among
children and teens in America. If this isn't horrifying enough to spur
someone into action, I don't know what is.
These facts, along with every single fact in this presentation, is
supported by the research done by experts at Every Town for Gun
Safety, and I have links to supporting fact sheets on the final slide of
this presentation. Each fact sheet contains citation to any original
data, scientific papers and surveys, so you can just click on it and
July 12, 2022
Page 34
read further supporting detail if you are interested.
As you can see from this graph, gun violence is a uniquely
American problem. The U.S. gun homicide rate is 26 times that of
other high-income countries. Many people blame our gun violence
epidemic on mental illness, but less than 2 percent of people who
commit homicides have a mental illness. Hate is not a mental
illness.
More guns do not make us safer. If so, we would be the safest
country in the world. Access to a gun increases the risk of death by
homicide by two times. Two-thirds of gun deaths are suicides. And
according to everystat.org, there was 177 gun deaths in Collier
County from 2016 to 2020, two-thirds of which were suicide.
So now that you know a little bit more about who we are and
some of the facts about gun violence, we want to share with you a
little bit about what we do.
MS. CRAIG: One of our top priorities is to keep guns out of
the hands of children. We know that 74 percent of mass shootings at
schools, the shooter obtained a gun at home or at a friend's home or a
relative's home. We developed the "be smart" program to educate
gun owners and families about safe storage of firearms.
We feel every child shot is not an accident, because these
shootings are 100 percent preventable. The "be smart" message is
sent to Collier County School District families in their digital flyer.
It's accessible on the Collier County Sheriff website and in the
welcome baby bag for newborns at Naples Community Hospital.
And we'd like to spread this message about these five simple
steps as they did in Hillsborough County with a scrolling message in
their Tax Collector's Office, and it's in their lobbies, and they've
reached 1.5 million residents a year with this message, and also they
send the "be smart" message home with all conceal carry permit
applicants, which was 2,500 last year. And we think it would just be
July 12, 2022
Page 35
amazing if we could do something like that here in Collier County to
let them know about these five simple steps to keep hands -- guns out
of the hands of children.
MS. MUNIZ: Anyone who has personally experienced gun
violence -- anyone who has personally experienced gun violence or
had someone they love or care about wounded or killed by gun
violence is a survivor. Every Town, Moms Demand Action support
our volunteers who are survivors through the Every Town Survivor
Network.
We amplify the power of diverse survivor experiences to remind
us of the human face of our uniquely American gun violence crisis.
You can read survivor stories at momentsthatsurvive.org, very
powerful.
I've brought some examples of survivor stories with, and I have
these little cards if anyone is interested in looking at them after the
meeting.
We have programs for our volunteers to connect them to are
survivors for peer support through our survivors connect program.
We offer trauma-informed programs and training, and we connect our
volunteers with direct services providing information for victims of
crimes about VOCA, the Victims of Crimes Act.
For those survivors who want to do more, we support their
advocacy efforts through the Every Town Survivorship Program.
These volunteers honor their loved ones with action.
Congresswoman Lucy McBath from the state of Georgia, whose son
Jordan was killed here in Florida, honed her advocacy skills with the
Every Town Survivor Fellowship, and then ran for office and won.
If you or someone you love is a survivor who wants to see gun
safety laws enacted, such as what we've recently accomplished in this
country, join us by texting "survivor" to 64433.
Every Town has recently, over the last couple years, begun to
July 12, 2022
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issue grants to support grass-roots Community Violence Interruption
Programs, or CVIPs. A bipartisan bill supporting CVIPs was
introduced during the last Florida legislative session. That was
Senate Bill 1188 and House Bill 1465.
Community Violence Interruption Programs are at the
intersection of community and public safety and can engage people in
communities where the risk of gun violence or other crime is highest.
Community involvement at a grass-roots level is key to the success of
a Community Violence Interruption Program. CPTED, CPTED or
Crime Prevention Through Environmental Design, is one way to
engage local community providers and grass-roots programs and
projects that not only improve the immediate environment but
enhance the safety of local residents. Collier County
Commissioners, all of you received an invitation, which is up on the
PowerPoint, when we did our first CPTED summit.
At present, we are canvassing for a project and community
provider that would be interested in applying for a grant. If you
know of a project or a provider in your district that may qualify for a
CPTED grant, please let us know. For more information, you can go
to everytownresearch.org, or Every Town Research and Policy, and
then violence interruption programs to learn.
Your vote can help secure a future free from gun violence. This
is the underlying principle of our gun sense voter initiative. Voters
can check gunsensevoter.org to easily find out which candidates in
their state have been awarded distinction as Gun Sense Candidates
and vote according. The Gun Sense Candidate program is
nonpartisan.
When the Gun Sense Candidate program began in 2018, the Gun
Sense Candidate questionnaires were sent to candidates running for
federal and statewide seats. In that first year, over 3,000 candidates
were recognized as Gun Sense Candidates; in 2020, the number of
July 12, 2022
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Gun Sense Candidates more than doubled to over 6,000, and nearly
60 percent of Gun Sense Candidates won their seats in 2020. So far
in 2022, over 1,000 candidate distinctions have been awarded. That
number will be growing and is growing right now.
New in this election cycle is the addition of local candidates,
mayors, commissioners, school board members to the list of those
eligible for this distinction. All of the Collier County candidates that
will be on the August 23rd ballot should have received their Gun
Sense Candidate questionnaire from Every Town and Moms Demand
Action by now. If you haven't received it, check your spam folder.
It came from momsdemandelectionsfl@gmail.com.
We will use our social media resources and our volunt eers to
work to get our Gun Sense Candidates elected and, let me reiterate, it
is nonpartisan.
(Applause.)
MS. CONE: We are data-driven, and while there are many
legislative actions which would save lives, our focus has always been
on the ones that would save the most lives. Background checks and
red flag laws.
We are very encouraged to finally see movement with the
Federal Bipartisan Safer Communities Act. It doesn't have
everything we want, but it is a huge step, and it's the first meaningful
step in 26 years. This act will save lives, and it represents a critical
step forward.
I'd like to point out how several provisions in this act address
background checks and red flag laws. So here's what we know
about background checks. Ninety-three percent of American voters
support requiring a background check on all gun sales, including
89 percent of Republicans and 89 percent of gun owners.
Since 1994, federal law requires a background check on all gun
sales, and four million sales to prohibited purchasers have been
July 12, 2022
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blocked, but the law does not address sales by unlicensed dealers or
online sales, enabling people with felony convictions or domestic
abuse restraining orders to easily obtain guns. This is sometimes
referred to as the background check loophole.
Each year in Florida, there are more than 100,000 ads on one
website alone, armslist.com, offering firearms for sale where no
background check is legally required. In fact, Florida has the second
highest number of total ads that did not require a background check
across the country.
And here's what else we know: Background checks work. In
states that have closed the background check loophole, 21 states,
homicide rates have decreased by 10 percent.
So this is interesting: To date 10 Florida counties have
background check laws for private gun sales. In November 1998,
Florida voters overwhelmingly approved an amendment to the state
constitution that allowed counties to mandate background checks for
private gun sales closing the so-called gun show loophole. We want
Collier County to be No. 11, and we ask that you invest the time to
investigate and make it happen.
Three of the provisions in this act will go a long way towards
making sure the background check system works as intended. So
first of all, enhancing background checks for buyers under the age of
21. This would require searching additional state databases and
checking with local law enforcement before a sale proceeds.
Secondly, disarming domestic abusers by addressing the dating
partner loophole, expanding the current prohibition on domestic
abusers so that it's clear that an abusive dating partner is treated just
like an abusive spouse and can't buy a gun if they are convicted of
abusing their partner or subject to a restraining order.
And, thirdly, clarifying who must run a background check.
This act would clarify existing law on what it means to be engaged in
July 12, 2022
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the business of selling firearms so it's clearer when unlicensed people
are selling guns to strangers at gun shows or online are required to
obtain a federal firearm's license and run a background check on their
gun sale.
And red flag laws. We hear about the many warning signs
indicating that shooters posed a serious threat before shootings with
numbing regularity, and red flag laws are a tool to intervene before
these warning signs escalate into tragedies without going through the
criminal court system. These laws permit immediate family
members in some states and law enforcement to petition a civil court
for an order often called an extreme risk protection order, or ERPO,
to temporarily remove guns from dangerous situations. If the Court
finds that someone poses a serious risk of injuring themselves or
others with a firearm, that person is temporarily prohibited from
purchasing and possessing guns.
Florida passed red flag laws after the shooting at Marjory
Stoneman Douglas High School.
CHAIRMAN McDANIEL: Kathleen?
MS. CONE: Susan.
CHAIRMAN McDANIEL: We're well past our 10 minutes for
the presentation. If you would please wrap it up.
MS. CONE: We understood we had 20 minutes.
CHAIRMAN McDANIEL: No. If you would, please, please
wrap it up.
MS. CONE: Oh, okay. Well, I could show you my emails.
Okay. So I'll wrap it up.
Here's what we're looking for. We would like you to join us.
Text "act" to 64433. We would like you to investigate making
Collier County one of the counties in Florida that has a background
check on private gun sales. We would like your help getting "be
smart," and one thing you can do, into your government office, into
July 12, 2022
Page 40
waiting rooms, because we can save lives. If people know about
secure gun storage and if they know about red flag laws, that tool can
be implemented, and we can save lives. And we would like you to
identify opportunities in our district to explore the grants for
community violence interruption programs.
All right. Thank you.
CHAIRMAN McDANIEL: Thank you.
(Applause.)
CHAIRMAN McDANIEL: D is at 1:00?
MS. PATTERSON: Yes.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: That moves us to Item 7, public comments
on general topics not on the current or future agenda. And just a
reminder that we will have another section of public comment at the
end of the meeting per Board direction.
MR. MILLER: Mr. Chairman, we have 14 registered speakers
for public comment; 13 here in person and one online. Your first
speaker is Richard Schroeder, and he's been ceded three additional
minutes from Mary -- I'm having a hard time reading it -- Mary
Deveas-Pitzi; is that right? She's right there. You'll have a total of
six minutes, sir.
CHAIRMAN McDANIEL: Good morning, Doc.
DR. SCHROEDER: Good morning. Good morning. Richard
Schroeder, medical doctor, Collier County. And I'm using new
technology today.
So vaccines are the backbone of the entire pharmaceutical
July 12, 2022
Page 41
industry. If they make these children sick at an early age, they
become customers for life.
This is a quote from Dr. Sherry Tenpenny who's been studying
vaccines in the vaccine industry for 22 years. I agree with her but
did not come to my decision lightly, being a physician for 40 years
and married to a pharmacist and former pharmaceutical
representative. You have to admit, it's not a bad business plan,
though, but unfortunately, not to the advantage of our health.
The pharmaceutical industry is in it for itself and its oversized
profits and does not hesitate to bribe or bury anyone who gets in its
way.
Slide 2, please.
This illustrates how the complete capture of our Food and Drug
Administration regulatory agency occurs. On the top upper left is
Mark McClellan, former Food and Drug Administration
commissioner, in charge of regulating Johnson & Johnson. On the
top right you see him as a current board member of Johnson &
Johnson.
Second down in the list is Scott Gottlieb, FDA commissioner in
charge of regulating Pfizer who now happens to be on the board of
Pfizer.
And on the left, third down, is Steven Hahn as the FDA
Moderna regulator. Recently awarded, on the right, as chief medical
officer of something called Flagship Pioneering, the venture capital
firm behind Moderna.
And on the bottom left is James C. Smith as the CEO of Reuters.
This isn't the FDA. This is news capture. We're just moving to a
different category. It works the same in any genre. Smith was in
charge of informing people about the COVID-19 vaccines. And on
the right, you see him as a current Pfizer board member.
Same people, different roles, rewards in progress.
July 12, 2022
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Slide 3, please.
So what does all this corruption lead to? I've spoken before
here about the 14-fold increase in deaths in young athletes since the
injectable mRNA products were rolled out. Here it is in pictorial
form.
The low level of death and collapse on the left end of the graph
has been well documented for several decades. And you might
remember me talking about the Rozan (phonetic) study that was a
35-year study of deaths in athletes.
Then, voila, the so-called vaccines are rolled out and mandated,
and now you have 683 dead athletes and a whole lot more who have
collapsed and are almost certain to have circulatory system
compromise for the rest of their lives.
Next slide, please.
This is from the U.S. Bureau of Labor Statistics showing a huge
rise in disabilities in our population that coincides exactly with the
rollout of the injectable mRNA products. More than two million
additional Americans so sick they cannot work. Coincidence? I
think not.
Last slide, please. The last slide is from the main CDC
breakthrough data updates showing COVID-19 cases, hospitalization,
and deaths for the most recent month stratified by vaccine status, with
the red on the top indicating the unvaccinated and not fully
vaccinated and the blue on the bottom representing the fully
vaccinated. The implications here are clear. If you would prefer to
avoid hospitalization and death, don't get the jab.
I would wager to say that if they had not lumped those that had
one or two shots in with the unvaccinated crowd to soften their data,
the redline on the top would be a tiny sliver, indeed. It appears that
only those whose immune systems have been damaged by the
experimental emergency use authorization products are the ones
July 12, 2022
Page 43
getting sick and dying from the very disease that these injections
were supposed to prevent.
Thank you.
MR. MILLER: Your next speaker is Teddy Collins. He's been
ceded additional time from Randy Harris.
Mr. Harris, could you indicate you're present.
(Raises hand.)
MR. MILLER: Thank you. And Tim, is this, Carpenter?
(Raises hand.)
MR. MILLER: Oh, back there. He will have a total of nine
minutes.
MR. COLLINS: I have a video ahead of it.
MR. MILLER: Yeah. You have your video. You want to do
that off the top, or do you want to talk over it?
MR. COLLINS: Yes, please.
MR. MILLER: Okay. Go ahead, sir.
(A video is being played.)
MR. COLLINS: Mr. Chairman, I know some of my fellow
citizens want to demand some kind of answers from you. Right now
we're showing a video of what happened this weekend, and I'm only
here to bring attention to the events that happened in this community
this weekend.
So I'll let you guys watch it just for a minute, and then I'll speak.
Note that this was advertised to the public and open for all ages.
I don't know about you, but to me that's ridiculous to happen in our
county. And I do not hold you guys to blame. I'm only bringing
this to your attention.
Before I start, I must stress the importance of protecting our
children hasn't felt more crucial to many of us. The importance of
our community being a safe place to raise our children and shape our
next generation has led me to speak today.
July 12, 2022
Page 44
At the event held at the park, there was a Pride event. It was
advertised as a family-friendly event that is open to the public. Yes,
there are posts that show that they did advertise that there would be
drag shows.
Videos and pictures posted of the event in different instances
show children handing out money to performers as if they were at a
strip club. Many of these male performers dressed in outfits where I
felt that were lewd and inappropriate for ch ildren to be attending.
One of the gentlemen, as you could see, laid on the ground with the
legs spread apart as what appears to be a minor tipping them.
Outside of this event, we didn't -- my family chose to not go to
the 4th of July parade because we didn't know what was going to be
there as well because we had an idea that they might be there.
Unfortunately, we are being dragged as a community down this
path where we must accept them performing these shows; otherwise,
we might be labeled negatively.
I would view this as a form of sexual abuse. The actual term is
a visual sexual abuse. Visual sexual abuse is basically an exposure
to adult content involuntary, not consenting, especially in young
children because they're so impressionable.
Research has shown this exposure can cause issues later in life,
including addiction, depression, and even aggressive sexual behavior.
On top of this, observations that troubled me were why are these
performers seemingly looking for the attention from little kids while
they're dancing in their underwear where at points with their legs
spread open. Why are children being brought to these events by
parents or guardians? Why was this allowed next to a playground at
Cambier Park? Why did this get approved by whoever a pproved it?
Also, some of us find it also concerning that we need to even
avoid certain places like the 4th of July because our children
might -- or because the children are becoming slowly taught that we
July 12, 2022
Page 45
must praise those who dance provocatively in front of them? Or
how about the strange conversation with my children why a man is
dressed up like a woman feels so adamant about dancing in his
underwear in public?
Last I checked, gender dysphoria was a mental disorder. Why
are we glorifying this behavior instead of treating this behavior like
other mental illnesses? Research shows that transgender adolescents
are 7.6 times more likely to attempt suicide as their peers that identify
with the sex that they were given at birth. At what point does
glorifying this lewd behavior not only contribute to the behaviors
described before but also increased risk of suicide all in the attempt to
not be offensive?
The worst offense is not defending our children from bad ideas
and a culture that is confused. Currently, there are even those
arguing that pedophilia should be more recognizable as a sexual
orientation justified by saying that we were just born that way or
hardwired differently. Will they push this envelope further till they
get a float?
I'm only bringing this to your attention because our children are
susceptible to what our community allows and what parents find
acceptable. I believe pushing drag shows for minors is not only
confusing but could cause them real psychological harm further
down.
I also see this as a form of abuse and should be stopped -- and
should be stopped and not allowed in our community. I don't know
what powers you guys have or what influence you might have, but
not allowing this in the future.
Thank you for letting me speak.
(Applause.)
MR. MILLER: Your next speaker --
CHAIRMAN McDANIEL: Don't go by away.
July 12, 2022
Page 46
Teddy, come on back.
Thank you, ladies and gentlemen.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. You mentioned you
didn't know who approved this. This would have been -- if it is as I
remember it -- as I was on the City Council. All special
events -- this would be considered a special event -- would have to be
approved by the sitting Naples City Council.
MR. COLLINS: Okay. Thank you.
COMMISSIONER TAYLOR: Yes.
MR. COLLINS: Thank you.
COMMISSIONER TAYLOR: We have no jurisdiction over
that. That doesn't absolve us from what may happen here; I'm not
suggesting that. But I just wanted to really make sure you
understand that.
MR. COLLINS: Thank you. I just wanted to bring it to your
attention, and if there's anything you guys have any sway, thank you.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Chantal Scherer. She'll
be followed by John Mincieli.
Excuse me, sir, if I'm not saying your last name correctly.
MS. SCHERER: Good morning, everybody. Like most of us
in this room, we are very disturbed of what happened at the Cambier
Park. As far as the Commissioners are concerned, I know that Bill
McDaniel, he goes out to all his events in his district. Rick
LoCostro, he goes out to all his events in his district and other events
around Collier County.
As far as District 4, who's responsible for District 4 should have
been overseeing what was happening at the park regardless if you had
anything to do with the proclamation [sic] or contract.
July 12, 2022
Page 47
What they did there was despicable. Not only with the drag
shows and open selling of pot called "munchies," you had the SO
there, you had the PD there and nobody doing anything about that.
As far as the proclamation contract, apparently the event person
that put this on did not adhere to the contracts, and it should have
been stopped immediately.
I am not against gay people nor am I against heterosexual
people, but you keep that behind closed doors. This was basically a
X-rated show that you brought your children to. If my parents did
that to me, the Child Services Department would have been called.
This was deplorable, despicable, lewd, and sexual -- public sexual
acts. This is unacceptable.
And the fact that they advertised it, didn't go with their
contracts, this also opens up to the point where we have elevated our
county, Collier County, Naples, we've elevated ourselves to LA and
New York City. We cannot expose our children to X-rated exhibits
like this. It's unacceptable to any of them. Even if parents
have -- gay parents have children, they shouldn't be exposed to this
lewdness.
We have to stop this because it continues, and we have to nip it,
because this is not my Naples of 50 years.
(Applause.)
MR. MILLER: Your next speaker is Joe Trachtenberg. He
will be followed by Rae Ann Burton.
MR. TRACHTENBERG: Good morning, Commissioners.
For the record, I'm Joe Trachtenberg. I'm chairman of your
Affordable Housing Advisory Committee.
I'd like to share with you some of the committee's observations
on how we're doing in managing this crisis here in Collier County.
And I'm proud to stand before you and say that our committee
does believe that this Board of County Commissioners and this
July 12, 2022
Page 48
county staff do truly care about affordable housing.
You've established a routine process where developers seeking
density are providing multiple units of affordable housing in return,
and you have required that these units will verifiably remain
affordable for decades to come.
You've made several important zoning decisions and hopefully
will continue to do so which favorably consider the need our
community has for affordable housing. And I hope on September 13
you'll approve the adjourned Agenda Item 9A that we could have
talked about today.
Earlier this year several of us attended a groundbreaking
ceremony of three dedicated affordable communities also involving
our essential land trust. These are the first such communities that are
actually created in Collier County since 2005, an important step
forward.
Sadly, all that's going on isn't rosy, and we the committee and
you the Commissioners are not marching in lockstep on three key
items. First among these is the lack of parameters by which the $20
million in surtax funds will be utilized.
Second is what we believe is a failure to budget significant ad
valorem tax dollars to support affordable housing projects.
Third is the need to revise the terms by which impact
fees -- funds for affordable housing projects are deferred.
Later in this meeting, you're going to discuss bringing ULI back
to update their recommendations from 2017. Jake is going to
present to you our committee's recommendations on how we believe
you should proceed. It's no surprise that the increased cost of land,
inflationary price of building materials, and rapidly increasing
interest rates are making the previously challenging process of
building dedicated affordable housing nearly impossible today.
Every week we see dedicated affordable housing subdivisions
July 12, 2022
Page 49
announced elsewhere in Florida; in Bradenton, Sarasota, Orange
County, or Miami, maybe even in Fort Myers. These other local
governments have come to recognize that without real financial
support and inducements, buildings dedicated to affordable housing
subdivision are no longer feasible.
We need to see Collier County -- two seconds. We need to see
Collier County on that list of counties. And later today -- later
today, Jake is going to be here to talk about the ULI study, and we
hope you'll support it.
CHAIRMAN McDANIEL: That was 12.
MR. TRACHTENBERG: Thank you.
CHAIRMAN McDANIEL: Thank you, Joe.
MR. MILLER: Your next speaker is Rae Ann Burton. She'll
be followed by George Dondanvilles -- Dondanville, excuse me.
CHAIRMAN McDANIEL: After Rae Ann we're going to take
the court reporter's break.
MR. MILLER: Yes, sir.
MS. BURTON: Good morning. My name is Rae Ann Burton,
Rural Golden Gate Estates.
Commissioners, thank you for keeping the public comment
before the end of the meeting. You will note that I'm wearing black
today, for I am in mourning. Yes, I am in mourning for the quality
of life that I moved to Golden Gate Estates to enjoy as being
destroyed by dense development.
The woods are being destroyed, not recycled, but bulldozed and
burned, creating more carbon dioxide in the air. Stormwater
diverted, creating flooding in nearby property. Water aquifers being
dynamited to build lakes for these developments.
Wildlife homes are destroyed causing bears, coyotes, deers, and
panthers to invade residential areas seeking food causing residents to
lose farm animals and pets. There were gopher tortoises in the area.
July 12, 2022
Page 50
Did any get buried? This is all being done in name and need of more
housing. Developments on Immokalee Road still have empty units
after opening. These developments are a maze that one can get lost
in very easily. The design guarantees waterfront views, lakes,
community centers, and quiet streets while taking mine away.
Yes, I am in mourning for the loss of the quiet streets, neighbors
walking, riding bikes, or even riding a horse. It's now noisy, and
travel time is increasing more each day. Accidents almost every
week. Not to mention roadkill.
That is why I'm wearing black today, because of approved
development being given right to build dense communities. My
quality of life has decreased. These developments benefit only the
developers that stay as long as it's profitable.
The burden of infrastructure needed for these developments falls
on the taxpayer, as the developers only pay as it builds, even though
the infrastructure is needed for them to build.
There was even an alert on the news today to use Everglades to
get to Oil Well Road and not Immokalee. That, today, is why I'm
wearing black.
(Applause.)
CHAIRMAN McDANIEL: Ten minutes?
THE COURT REPORTER: (Nods head.)
CHAIRMAN McDANIEL: And we will adjourn for a
10-minute court reporter break. Be back at 10:40.
(A brief recess was had from 10:31 a.m. to 10:40 a.m.)
MS. PATTERSON: You have a live mic.
CHAIRMAN McDANIEL: Thank you.
If everyone would please take their seat. We'll begin as soon as
I have a quorum here. And then we'll interimly implement a dock in
the Commissioner's pay if they're late coming back from the court
reporter's break. We'll have everybody make a contribution to
July 12, 2022
Page 51
the -- one of our funds somewhere. Here's Commissioner Taylor,
and I'm sure Commissioner Saunders is ready, willing, and able.
COMMISSIONER TAYLOR: You've got a quorum.
COMMISSIONER SAUNDERS: I am ready, willing, and
almost able.
CHAIRMAN McDANIEL: And so with that, we'll announce
our speakers and go forward.
MR. MILLER: Your next speaker is George --
MR. KLATZKOW: You do not have an in-person quorum.
MR. MILLER: Forgive me, sir.
CHAIRMAN McDANIEL: Do we need an in- --
MR. KLATZKOW: You need an in-person quorum.
CHAIRMAN McDANIEL: Even for the public speaking
process?
COMMISSIONER TAYLOR: That's why you were shaking
your head.
MR. KLATZKOW: You need an in-person quorum.
CHAIRMAN McDANIEL: Got it.
COMMISSIONER TAYLOR: Let me go round up the boys.
Women's work.
CHAIRMAN McDANIEL: I did say 10:40, didn't I?
MS. PATTERSON: I believe so.
CHAIRMAN McDANIEL: And I know Commissioner
Saunders would have been here on time had he been able to
participate live.
Here comes LoCastro. There we go. Okay. Now we have a
live quorum.
MR. MILLER: Your next speaker is George Dondanville, and
he will be followed by Jerry Rutherford.
MR. DONDANVILLE: Good morning, Commissioner. My
name is George Dondanville.
July 12, 2022
Page 52
I'm here this morning to ask a favor of you-all. At your June
meeting, at the June 10th MPO meeting where all five of you all sit
along with four other members of Collier County, two from the city
and two from the -- City of Naples, one from Marco and one from
Everglades City, at that meeting you dropped an item from a project
list during your discussion of Item 9A at that meeting and that
agenda, so I refer to that if you want to look back to it. But,
basically, I'll explain what you-all did.
That item dealt with a crossing over the Golden Gate Parkway
road from Freedom Park to the Golden Gate -- Gordon River
Greenway entrance there on Golden Gate Parkway.
CHAIRMAN McDANIEL: Is this an item that we're going to
be voting on at some stage?
MR. DONDANVILLE: No. You already voted. And you
voted and you dropped it.
CHAIRMAN McDANIEL: Okay.
MS. PATTERSON: No, sir.
MR. DONDANVILLE: So what I'm asking you to do is,
basically, is to reconsider it.
CHAIRMAN McDANIEL: Gotcha, okay.
MR. DONDANVILLE: So I'm here to ask you, at your next
MPO meeting, which is sometime here in the future -- I' not sure
when -- that perhaps one of you-all -- I'm going to go in front of the
city council. I probably won't go down to Marco Island -- but if one
of you-all could readdress that issue. That issue had to do with a
flyover. I was just talking to Mr. Finn a few minutes ago. There
was money that was put aside, money that was raised to put -- some
people called it an elaborate entrance into the City of Naples.
But the feasibility study determined that there just was not
enough land on the north side there, on the Freedom Park side, in
order to make it a true pedestrian- and biker-friendly device to cross
July 12, 2022
Page 53
the road.
So what I'm asking for is -- there's currently a study being done
by FDOT and Collier County as to the intersection just to the west of
there at Golden Gate Parkway and Goodlette Road. If that study
could also include a look-see at whether or not an on-grade or, in
other words, ground-level crossing could be put at the corner there
where you enter into Golden Gate Parkway, the Green River [sic]
section, and cross over to Freedom Park. That will get people to
connect to, and more people could see, the beautiful Freedom Park,
or if you're coming from the Freedom Park already, now you could
go across the street, see what the Greenway looks like, and maybe go
all the way down to Baker Park and enjoy the Greenway.
That's my real ask. I don't think it goes too far to just
reconsider and think about it and discuss it amongst yourselves at that
next meeting.
So thank you very much for your time.
CHAIRMAN McDANIEL: Thank you, George.
MR. MILLER: Your next speaker is Jerry Rutherford. He's
been ceded three additional minutes from Tim Oshay.
Tim, are you here in the room?
(Raises hand.)
MR. MILLER: Thank you.
He will have a total of six minutes and will be followed by -- I
can't really make -- is it Marie Corey?
CHAIRMAN McDANIEL: I thought his last name was
Mosier.
MS. SCHERER: Oh, Tim. He was just here.
MS. CAREY: Lin Marie Carey.
MR. MILLER: Okay. Lin Marie Carey will be after
Mr. Rutherford.
MR. RUTHERFORD: Good morning. Jerry Rutherford.
July 12, 2022
Page 54
Thank you for this --
CHAIRMAN McDANIEL: One second. I don't think Oshay
is here. Mosier raised his hand. Mosier, is that -- oh, he's --
MR. MILLER: Oh, it's Mosier. I'm sorry, sir.
CHAIRMAN McDANIEL: Forgive me, okay. He has a fancy
pronunciation.
COMMISSIONER LoCASTRO: No, he's French.
CHAIRMAN McDANIEL: All right. Jerry, go forth. You've
got all the time allotted, my friend.
MR. RUTHERFORD: Thank you for this opportunity to speak.
There's a story of a farmer who planted a crop of wheat. He planted
good seed on good ground, but while he slept, the enemy came and
sowed the bad seed.
This is a story of America today. A good seed was planted.
We were united. We were Americans, patriots. We had morals and
virtues. We understood individual responsibility, rule of law, the
laws of nature and nature's God. Abstinence before marriage. But
the enemy came while we were asleep and sowed diversity, not unity.
Multiculturalism, not Americanism. Values clarification, not right
and wrong. Self-esteem, not responsibility. Feelings, not reason.
Humanism, not the laws of nature and nature's God. Sexual
freedom, not abstinence.
The seeds of communism, socialism, Marxism, and secular
humanism were planted in America almost 100 years ago. In 1958,
W. Cleon Skousen wrote the book the Naked Communist. He
worked at the FBI. He discovered the 45 goals of the Communist
party in order to take over America. They were registered -- they
were noted in the Federal Register in 1963.
The Communists have completed all but one of their goals.
Over a dozen of these goals pertain to schools, and I will numerate
some of them, not all of them. There's about over a dozen.
July 12, 2022
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Number 1, get control of the schools. Use them as transmission
belts for socialism and current Communist propaganda. Soften the
curriculum. Get control of teachers' unions. Put the party line in
the textbooks. Gain control of all student newspapers. Use student
riots to format protests against programs or organizations which are
under Communist attack.
Eliminate all the laws governing obscenity by calling them
censorship and a violation of free speech and free press. Break
down cultural standards of morality by promoting pornography and
obscenity in books, magazines, motion pictures, and TV. Present
homosexuality, degeneracy, and promiscuity as normal, natural, and
healthy.
Eliminate prayers and any phase of religious expression in the
schools on the grounds that it violates the principle of separation of
church and state. Discredit the American constitution. Discredit
the Founding Fathers. Discredit all forms of American cultural, and
discourage the teaching of American history.
Support any socialist movement to give centralized control over
any part of the culture, education, social agencies, welfare programs,
mental health clinics, and so forth.
Discredit the family as an institution. Encourage promiscuity
and easy divorce. Emphasize the need to raise children away from
the negative influences of the parents.
Create the impression that violence and insurrection are
legitimate aspects of American tradition, and that students and special
interest groups should rise up and use united force to solve economic,
political, and social problems.
My question is, how long is it going to take for the American
people to wake up and stand against the evils that are attacking our
nation? How long are minorities going to rule? I've seen that for
much too long. It seems the minorities today have more rights than
July 12, 2022
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the majority. Now, minorities are supposed to have a voice, the
Constitution says so, but they're not supposed to be having the voice
of the majority.
Thank you very much.
(Applause.)
MR. MILLER: Your next speaker is Lin Marie Corey. She'll
be followed by Christina Heuser.
MS. COREY: Good morning. Thank you for taking the time
to hear my comments this morning.
I wanted to come and raise your awareness and voice my
concern for the growing moral degradation of Collier County and
urge your development of ordinances that would help prevent further
issues.
On Sunday afternoon, June 26th, around 1:00 p.m. after church,
my 19-year-old son and I went to Celebration Park, which is also
known as the food truck park, a place we had loved to go.
Unbeknownst to us, there was a Pride event going on. Anticipating
behavior that does not align with our family values and Biblical
world view, we planned to order our food and bring it home but,
unfortunately, we were not able to even sit and wait for 20 minutes
for our food without being subjected to the most lewd and lascivious
behavior I've ever witnessed in my life.
I witnessed about a dozen mostly naked men walking around the
park. Some men had on see-through mesh underwear with nothing
else on. Didn't even have shoes on. And I've never even seen this
kind of attire at a local Naples beach.
A couple other men had nothing else on but, forgive me, no
other term but to call it what it is, a ball sack. Do you know what a
ball sack is? Because I sure didn't.
Well, think G string without the string. Now, I'm not sure of
the mechanics of all that and how that piece of cloth works, but you
July 12, 2022
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can use your imagination. We, on the other hand, decided not to
stick around long enough to see if the garment would hold up, but
before we left we witnessed drag queens milling about and then
participating in a drag queen show in the bar area. Again, 1:00 on a
Sunday afternoon.
This was the most disturbing thing I've ever witnessed and, on
top of it, to see children sitting in the front row depositing money in
drag queen belts. I knew that this was happening in other areas of
the country, but I had no idea it was in Collier County. And for my
19-year-old to be so upset about it -- and he just moved here from
Chicago -- you can tell the state of affairs that we are in here in
Collier County.
I wasn't going to mention the other events, the parade and the
Cambier Park because so many other people did, but I do want to
mention that I didn't see as much nudity at Cambier Park as I did at
Celebration Park. Perhaps this is -- this behavior was toned down
due to the fact that the park was crawling with Collier County sheriffs
and Naples police officers. Instead, they were simply handing
money to the drag queens. None of this is acceptable.
And I understand that we can't legislate morality. I understand
that these folks have equal access to these parks and venues as well.
What I am asking you for is to protect my right to enjoy my life in
my community without being subjected to lewd and lascivious
behavior.
We can write ordinances and ask for our sheriffs and police to
enforce them, and that's what I'm raising your awareness to. Thank
you so much.
MR. MILLER: Mr. Chair, Ms. Heuser had to leave, and she
may back for our second public comment. So I just -- I announced
her name. She is not here.
Your next speaker is Ashley Jenkins. She will be followed
July 12, 2022
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online by John Albert.
MS. JENKINS: Good morning, Commissioners. My name is
Ashley Jenkins, for the record, to state that. And I want to just go
ahead and say that I was present at the 4th of July parade. I was
directly behind the Pride community individuals. And then I did go
to Cambier Park Pride event this weekend per the request of Mayor
Heitmann, so I was there.
And then I just kind of want to give you a little bit of
background. So for 10 years I worked in pharmaceuticals with
controlled substances. I made morphine pumps. I helped with
antiemetics, which is with Ativan, Dilaudid. I also dispensed
Oxycontin legally to people, and that was under the purview of a
licensed pharmaceutical pharmacist. I also was preparing to become
a pharmacist until I decided to beat pharma from the other direction.
Now, when the fed launched the 2018 pharm bill, I helped a
local CBD business go after federal and state licenses and get
interstate permissions for sales of CBD. That is not THC, okay, just
to state that. Florida permitted medical marijuana in 2016, and there
was a queue for legal dispensaries in the state. So it was based upon
how many people possessed medical marijuana licenses would
determine how many dispensaries per capita were allowed to be
opened.
Now, there is a present queue of dispensaries awaiting legal
licensure to dispense legally for medical marijuana to those who hold
valid scripts.
Marco Island just approved -- I don't know how to pronounce it,
but it's MUV, and the Naples PD and the Collier County Sheriff's
Office were present in the park and the parade where marijuana was
being sold out of the jurisdiction.
Does our city or county allow for a pharmacist to bring a bottle
of Oxycontin to anyone without a script in the park and just hand
July 12, 2022
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them out like Skittles? Is it okay to give minors cigarettes or alcohol
under age? Are minors allowed to go in liquor stores and purchase
alcohol?
Solicitation to sell occurred by a vendor of myself in Cambier
Park. Irrespective of my beliefs that medical marijuana is useful for
numerous afflictions with a valid prescription or assisting companies
to undergo obtaining licenses and state paperwork with the Florida
DBPR, I am mortified.
A business announced that they distributed 300 joints at our
parade. Now, my question is, were they checking medical licenses
or valid IDs? Likely not. It was hard enough for myself to ask
someone what their name was, walking on the street myself.
I'm asking you and Code Enforcement to take action on those
violating professional registration in our county. Thank you for your
time.
(Applause.)
MR. MILLER: Mr. Chair, our online speaker has waived, so
you are complete with Item 7.
CHAIRMAN McDANIEL: Outstanding.
COMMISSIONER TAYLOR: May I? If I may.
This is public comment, but I wanted to address -- I'm getting
current information right now. And so what I needed to understand
from I guess what I've received at this point from the City of Naples
regarding this event. I heard testimony this morning that it was
advertised as a family event. On the permit it is not advertised as a
family event. There's not one word "family" there. So I'm not sure
where this advertisement was that it was fam ily, but the City Council
approved an event that was a Naples Pride event that did not use the
word "family." It said it was going to be live with music. It said
there was going to be alcohol. They expected 5,000 people. There
was some fundraiser, and I'm not sure how that -- I don't think they
July 12, 2022
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charged to go in there, but they were raising money that would go
right back to Naples Pride.
So perhaps this was online as a family event. But I wanted to
put this really on the record at this point. And I am currently getting
as much information, including the statements -- I'm not going to say
they're allegations or if it's statements -- that our Collier County
Sheriff Deputies were at this event as well Naples Police and that
they witnessed the sale of drugs. So -- and I hope I'm paraphrasing
that correctly. Thank you very much.
CHAIRMAN McDANIEL: Okay.
Item #11A
THE BOARD OF COUNTY COMMISSIONERS CONFIRM DAN
RODRUGUEZ AS DEPUTY COUNTY MANAGER AND ED
FINN AS INTERIM DEPUTY COUNTY MANAGER, TO TAKE
EFFECT IMMEDIATELY, AND APPROVE ALL NECESSARY
BUDGET AMENDMENTS – MOTION BY COMMISSIONER
SAUNDERS TO ACCEPT AS PRESENTED, SECONDED BY
COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: Commissioners, that brings us to Item 11.
Item 11A is a recommendation that the Board of County
Commissioners confirm Dan Rodriguez as Deputy County Manager
and Ed Finn as Interim Deputy County Manager to take effect
immediately and approve all necessary budget amendments.
I can make some comments if you'd like, or if you-all have any
questions.
CHAIRMAN McDANIEL: Somebody make a motion, or we'll
listen to comments.
COMMISSIONER TAYLOR: I'll make --
July 12, 2022
Page 61
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a
motion to approve.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we accept the recommendations of Ed Finn and Dan
Rodriguez as our newly anointed Deputy County Manager and
Interim County Manager, not necessarily in that order.
Any other discussion? Would you like to comment?
MS. PATTERSON: Commissioners, with the approval of this
agenda item, we will immediately begin looking at several key areas
of the county including the recruitment and retention of staff. Ed,
coming in as the Interim Deputy County Manager, is going to help us
look at that as well as some other strategic realignments that we'll be
working on through what I call our summer work program, also
looking at bringing back to you in the fall a work plan including an
update of our strategic plan and some further initiatives relative to
resilience in affordable housing. So we're looking forward to
bringing you back some information in the fall.
CHAIRMAN McDANIEL: Outstanding.
All right. It's been moved and seconded. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Sorry, Commissioner
July 12, 2022
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Saunders. I forgot to let you vote. It was unanimous.
Item #11C
RESOLUTION 2022-122: A RESOLUTION ESTABLISHING
PROPOSED MILLAGE RATES AS THE MAXIMUM PROPERTY
TAX RATES TO BE LEVIED IN FY 2023 AND REAFFIRM THE
ADVERTISED PUBLIC HEARING DATES IN SEPTEMBER 2022
FOR THE BUDGET APPROVAL PROCESS – MOTION BY
COMMISSIONER SOLIS TO APPROVE, SECONDED BY
COMMISSIONER TAYLOR – ADOPTED; PUBLIC HEARING
DATES REAFFIRMED AS SEPTEMBER 8TH AND SEPTEMBER
22, 2022, AT 5:05 P.M.
MS. PATTERSON: Commissioners, that brings us to Item
11C. This is a recommendation to adopt a resol ution establishing
the proposed millage rates as the maximum property tax rates to be
levied in FY '23, 2023, and reaffirm the advertised public hearing
dates in September of 2022 for the budget approval process.
Mr. Ed Finn, the Interim Deputy County Manager, will present.
MR. FINN: Thank you, Ms. Patterson, Mr. Chairman. Thank
you very much.
Let me say it's my privilege to serve here at the Collier County
Government. I appreciate the confidence of Ms. Patterson and the
Board. Thank you very much.
This is probably the second part of our budget. We went over
the budget in June at length, pretty much a full day of that.
Today is the next step. On July 1, the Property Appraiser is
required to provide us with the final taxable values to be used for
next year's tax calculation. He has done so.
As part of the formal truth in millage process relevant to
July 12, 2022
Page 63
Chapter 200 of Florida Statutes, we are now going to proceed with
the next process step, which is to adopt the maximum millages for
next year. In your packages you see those maximum millages.
They're the same millages we addressed in June. Public hearing
dates are the other things that we're verifying today. They will be
September 8th, 2022, and September 22, 2022, at 5:05 p.m. in this
boardroom.
I will bring the Board up to speed with the changes in the
taxable value for the county. Taxable values of the July 1st certified
countywide taxable values increased to $122 billion, representing a
year-over-year increase of 16.85 percent. This is an upward
adjustment of 3.76 percent relative to the figures we looked at in
June.
The Board's tentative budget will be provided to them on or
about July 15th. This document will incorporate changes driven by
the July 1st certified taxable value change as well as any other
changes necessitated by the Board actions in June or administrative
changes to the budget as required.
At this point, staff would recommend that the Board
adopt -- adopt staff's recommendation.
COMMISSIONER SOLIS: I'll make a motion --
COMMISSIONER TAYLOR: I'll second.
COMMISSIONER SOLIS: -- to adopt the recommendation.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept staff's recommendation as per the agenda item, and that's
proposing the maximum tax rate. And just for edification purposes,
this is setting the highest rate. We can always come back from this,
but we can't go up once we set this rate here today, so -- and also for
affirmation of the public hearings in September where we will
actually physically vote on what the amounts, in fact, are going to be.
So with that, it's been moved and seconded.
July 12, 2022
Page 64
MR. MILLER: Mr. Chair, we have a public comment.
CHAIRMAN McDANIEL: We do. And, Commissioner
Taylor, you wish to speak first?
COMMISSIONER TAYLOR: Yeah, just with -- you know,
just the way it was phrased -- and I absolutely understand what you
said, but we are not raising the tax rate.
CHAIRMAN McDANIEL: No.
COMMISSIONER TAYLOR: The tax rate is -- you said we're
setting it at the highest rate. We can also come back from it.
CHAIRMAN McDANIEL: You misunderstood what I said.
If I said that, then I apologize, but that's certainly not what I meant to
say.
COMMISSIONER TAYLOR: That was -- no, I know that.
CHAIRMAN McDANIEL: This was the establishment of the
maximum rate that has been recommended.
COMMISSIONER SOLIS: And it's still a millage neutral?
CHAIRMAN McDANIEL: Correct.
COMMISSIONER TAYLOR: It's millage neutral.
COMMISSIONER SOLIS: Millage neutral.
CHAIRMAN McDANIEL: That's correct.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: So if it came off that I was
changing the millage rate, then forgive me. I didn't certainly mean
to say that.
MR. MILLER: Mr. Chair, your first speaker is Rae Ann
Burton. She'll be followed by Nancy Lewis.
MS. BURTON: I wish you'd cut down on some of these issues.
I'm getting tired of getting up and down.
My name is Rae Ann Burton, Golden Gate Estates.
And on this issue, it's concerning the millage. There are people
already in foreclosures due to the inflation costs, and now you want
July 12, 2022
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to add property tax, increased when the country and county are
suffering a depression, lack of goods, and high inflation cost.
I have a question: Is 16E1 -- is this to pay for 16E1 where you
want to increase the salaries? And that should not be on a consent
agenda.
My mortgage has increased $100 because of property tax and
insurance, which so far is still manageable on my fixed income. The
public has to cut back. So should the Board. I hope you consider
this millage increase and make it reasonable.
Thank you.
MR. MILLER: Your next speaker is Nancy --
COMMISSIONER SAUNDERS: Mr. Chairman?
MR. MILLER: I'm sorry.
COMMISSIONER SAUNDERS: Mr. Chairman, could I ask
staff to make a clarification for the public? Because we've used
terms like "millage neutral" and "highest millage rate." What we
are, in fact, approving is the same millage rate as our maximum
millage rate, that same millage rate that we've had in place for, I
believe, 10 or 12 years.
And so I'd like staff, if they would spend just a moment
explaining what the millage rate is, what it has been and then also,
just for Rae Ann Burton and our homeowners, what Save Our Homes
does in terms of the amount of increase in assessed valuation that can
be -- that can impact our homeowners.
Mr. Finn, could you just spend a minute, talk about millage rates
and Save Our Homes.
CHAIRMAN McDANIEL: How many public spea kers do we
have?
MR. FINN: Yes, Mr. Saunders; happy to do that.
CHAIRMAN McDANIEL: Ed, one second.
MR. MILLER: I have just one other speaker.
July 12, 2022
Page 66
CHAIRMAN McDANIEL: Commissioner Saunders, can we
go ahead and hear from the other public speaker, and then we'll have
staff address your concerns, if that --
COMMISSIONER SAUNDERS: Oh, sure. Again, I just want
the public to understand what exactly is happening here.
CHAIRMAN McDANIEL: Absolutely, and I --
COMMISSIONER SAUNDERS: After the speakers.
MR. MILLER: Your final registered speaker for this item is
Nancy Lewis.
MS. LEWIS: Good morning, Commissioner McDaniels [sic],
Commissioners, and, for the record, Nancy Lewis, candidate for
District 2 commission.
I'd like to comment on the proposed millage rate resolution and
ask a few simple questions regarding the proposed rate to be levied
for Fiscal Year '23 based on what taxpayers received for FY 2022.
The executive summary includes the proposed millage rates and
associated tax dollars. Included in the summary are the General
Fund, Conservation Collier, Pollution Control, and the
Unincorporated Area General Fund.
Each fund describes the increase in taxable values and notes
they exceed the rolled-back millage rate by more than 13 percent.
To roll back means to reverse or turn back, a term that usually
implies elimination, erasure, or annulment. It does not imply
evenness or neutrality; however, Florida law allows it to be misused
with a hint of deception.
If to roll back means to reverse, reduce, or cut back, a reduction
in one's tax bill would fairly be assumed; however, that's not the case
with neutrality.
The word "rollback" in this case gives little clarity about a
process that has always needed more clarity, as the very process is
called truth in millage.
July 12, 2022
Page 67
The taxpayers of Collier County deserve that transparency.
Why do we continue to state that the millage rate has remained the
same for the past 10 to 12 years when in actuality the number only
refers to the General Fund portion of the pot, and the actual millage
rate, for instance, FY 2022 was higher because of Conservation
Collier.
Why don't we as a county provide full disclosure and accurately
state the collective millage rate, what it was for '22 and for the actual
maximum millage rate for '23?
Property values increased 16.85 percent over the previous year,
as Mr. Finn alluded to, and those increased property values resulted
in millions of tax revenue being collected, yet all those funds are
becoming fully budgeted to be spent in FY 2023 without
consideration to other projects that will require ongoing maintenance
and major capital improvements, like one that's coming up for the
$20 million bond that was transferred, funded. Why should this
board be addressing long-term fiscal sustainability the way that it is.
It's not addressing the costs that are not impact-fee eligible.
The public deserves an understanding of the long-term impact of
decisions being made today. Isn't it time we give taxpayers full
disclosure and provide fiscal accountability?
Thank you.
CHAIRMAN McDANIEL: Thank you, Nancy.
(Applause.)
CHAIRMAN McDANIEL: All right, Mr. Ed.
MR. FINN: Thank you, Mr. Chairman.
So, first thing, the tax rate that's being proposed is, in fact, the
tax rate that has been the same for as long as 10 years. Now it's
unchanged; it hasn't gone up. What has gone up slightly or
significantly, rather, is the taxable value in the county. That will
result in more taxes overall.
July 12, 2022
Page 68
The individual taxpayers that have homestead are protected with
that provision or statute to a limitation of 3 percent. Their increase
is limited to that. And non-homestead properties relative to the
county tax are limited to a 10 percent increase.
CHAIRMAN McDANIEL: Commissioner Saunders, is that a
satisfactory explanation?
COMMISSIONER SAUNDERS: Yes, it is, Mr. Chairman. A
lot of that 16 percent increase in assessed valuation, a significant part
of that is new growth, new homes going on the tax rolls, new
businesses going on the tax rolls. And then, of course, increased
valuations of existing homes.
And so the important thing is that our homeowners are
protected. Their assessed valuations cannot go up by more than
3 percent. And since the -- if we keep the same millage rate, that
basically means that a homeowner can't experience more than a
3 percent increase in ad valorem taxation. And I just -- and we can
reduce that amount come September.
But I think it was important to make it clear that our
homeowners are not experiencing a 16 percent tax increase. They
may experience a 3 percent tax increase but certainly not the
16 percent, and I just think it was important to clarify that.
Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor -- or
Commissioner Solis, and then Commissioner Taylor. I'm sorry.
COMMISSIONER SOLIS: Yeah. Mr. Finn, I mean, we just
heard that somehow the way that the millage rates are being
presented are misleading and maybe even disingenuous. Isn't all that
dictated by statute on how that all has to be presented to the public?
MR. FINN: Yes, sir, that is correct. The statute requires it to
be presented in this way. The concept of rollback is essentially a
concept that provides for a sense of what the taxes would be if there
July 12, 2022
Page 69
were absolutely zero increase, and that's what that number is intended
to do. It's a little bit complicated by new construction, as
Commissioner Saunders alluded to, which is -- which are funds that
flow to us without being impacted by that rollback concept.
But overall, when we calculate rollback, it is the standard by
which the state monitors the adjustment to the taxes and the tax
burden.
COMMISSIONER SOLIS: And we didn't come up with that
presentation. That was -- that's -- the legislature sets how that's
presented, and we have very little leeway in how we present that,
right?
MR. FINN: Yes, sir, that is correct.
COMMISSIONER SOLIS: Okay. Thanks.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Mr. Finn, just -- it's my
understanding that when -- just help me with this, all right. I'm
going to kind of stumble.
But when I think -- I can see -- I can see why some of the public
are confused when I was -- about the idea we didn't raise taxes, but
there's Conservation Collier, so you're -- so it's gone up. But am I
incorrect in saying this? We didn't approve Conservation Collier.
The taxpayers approved Conservation Collier. We -- I make the
differentation [sic] of "we" versus an issue that comes to the public
where they decide whether they want their taxes raised or not.
So am I incorrect in saying that perhaps it may seem a little
misleading, but we are very correct, we did not raise the taxes? You
taxpayers did it when you decided to approve Conservation Collier;
however -- and we stand by that going forward. When we say we
are influenced by the taxpayers, their testimony, what they come and
tell us they want, the ultimate decision on the millage rate that we
approve is done on an annual basis based on a budget that is created
July 12, 2022
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by staff and that we review at three budget hearings; is that correct?
MR. FINN: Yes, ma'am. I think you're correct on all counts.
Relative to the budget process, as I mentioned, in June we went over
the entire budget. The Board had an opportunity to visit with staff
and ask questions and have those questions answered. We talked
about the tax rates. We talked about the overall budget. We talked
about the present increases in taxable value.
This is another step in the budget process and an important one.
We're setting the maximum millage; that is after this the Board
cannot increase the millage beyond what they approve today. They
can adjust it going forward in a downward direction, though staff
would recommend against that. They can do so in the next two
meetings occurring in September. The first one, public advertised
hearing; on the second one where we finalize the budget late in
September, September 22nd.
Relative to the Conservation Collier Program, Conservation
Collier Program, from memory, was approved by the voters of
Collier County by a 70 percent margin. It was added to the tax -- to
the budget and what showed up on the tax bills last fiscal year; that is
up to a quarter mill. The budget you're looking at today and the
millage set today for Conservation Collier is, in fact, set at that
quarter mill. That is the maximum amount for Conservation Collier
and, like all the other tax rates we're setting today, we're setting them
at a level that they cannot increase, but the Board does have the
ability to look at those again in Septe mber.
COMMISSIONER TAYLOR: Thank you. Thank you very
much. And I think I'm going to refer to something that you sent me
earlier; I think it was last week. And when you break down the
unincorporated tax bill within Collier County, 31 percent of that bill
is county; 39 percent -- 39.7 percent is the school.
MR. FINN: Yes, ma'am, I can recall that, and that's roughly
July 12, 2022
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correct, yep.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: When do we -- just my question.
When do we finally establish the mill age rates that are going to be
applicable for the '23 budget?
MR. FINN: That will be in those September meetings, and if
adjustments -- and, again, staff is not recommending adjustments.
But if the Board were to entertain adjustments to those rates, we
would urge they be done at the first public meeting so that when we
come to the second public meeting for final adoption we have a fairly
tidy -- tidy package already put together that we're not going to have
to stay up till 10:00 or 12:00 that night to get resolved.
CHAIRMAN McDANIEL: We wouldn't want you to have to
do that, so...
MR. FINN: No, sir.
CHAIRMAN McDANIEL: Be that as it may, what we're doing
today is moving forward to those ultimate decision-making budget
hearings that we're going to have in September. So can't go up from
here; it can only go down.
MR. FINN: Yes, sir.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we accept the proposed rate along with the public
hearings coming up in September for the final adoption of our
budget. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
July 12, 2022
Page 72
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
And that was an aye in favor of? I'm sorry, Commissioner
Saunders. I'll get back in the swing of things here in a second.
COMMISSIONER SAUNDERS: Yes, that was an affirmative.
CHAIRMAN McDANIEL: Yes, it was. We got you as a yea.
All right.
Item #11D
TO AUTHORIZE A $10 MILLION BUDGET AMENDMENT TO
RECOGNIZE AMERICAN RESCUE PLAN ACT REVENUES TO
BE USED ON PUBLIC SAFETY – MOTION BY
COMMISSIONER TAYLOR TO APPROVE, SECONDED BY
COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: Item 11D is a recommendation to
authorize a $10 million budget amendment to recognize American
Rescue Plan Act revenues to be used on public safety.
Mr. Finn will present again.
MR. FINN: Thank you, ma'am.
Edward Finn, Interim Deputy County Manager.
This item is -- while it's a significant chunk of money, it's fairly
routine. The American Rescue Plan Act of 2021 went into law in
March of '21. In March of this year, the Board approved an agenda
item, 16D7, reallocating funds. In accordance with the Board's
direction was to finalize the federal program, regulatory guidelines.
Those went into effect on April 22nd. In March, the Board
authorized the transfer of $10 million of these Rescue Plan Act funds
to support public safety. This budget amendment simply does that.
July 12, 2022
Page 73
It will transfer these funds to the Sheriff's Office and allow us to
move forward with this program.
CHAIRMAN McDANIEL: Questions of staff?
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the item as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #11E
DEDUCTIVE CHANGE ORDER NO. 10 TO COLLIER COUNTY
SPORT COMPLEX PHASES 2.1 AND 2.2A AGREEMENT NO.
17-7198, WITH MANHATTAN CONSTRUCTION (FLORIDA),
INC., FOR A TIME EXTENSION OF 145 DAYS;
ACKNOWLEDGE STAFF REPORT FOR UPDATE ON PHASE 1,
AND MODIFIED PHASES 2.1 AND 2.2 SCOPES; PROVIDE
DIRECTION TO STAFF FOR PHASE 3 AND PHASE 4, AND
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO
ISSUE A NOTICE OF INTENT TO TERMINATE TO
MANHATTAN CONSTRUCTION, IF NECESSARY, AND
SUBJECT TO BOARD RATIFICATION AT A FUTURE BOARD
July 12, 2022
Page 74
MEETING - MOTION BY COMMISSIONER SAUNDERS TO
APPROVE STAFF’S RECOMMENDATIONS AND STAFF TO
BRING BACK AN UPDATE FOR THE PUBLIC, PLACED ON
EACH AGENDA BEGINNING THE FIRST MEETING IN
OCTOBER AND EVERY MEETING THEREAFTER, SECOND
BY COMMISSIONER TAYLOR – APPROVED
MS. PATTERSON: Item 11E is a recommendation to approve
deductive Change Order No. 10 to Collier County Sports Complex
Phases 2.1 and 2.2A, Agreement No. 17-7198, with Manhattan
Construction, Florida, Inc., for a time extension of 145 days;
acknowledge staff report for update on Phase 1 and modified Phases
2.1 and 2.2 scopes; provide direction to staff for Phase 3 and Phase 4;
and authorize the County Manager or designee to issue a notice of
intent to terminate to Manhattan Construction, if necessary, and
subject to Board ratification at a future board meeting.
Mr. Finn will continue to present.
MR. FINN: Thank you, ma'am.
Edward Finn, Interim Deputy County Manager.
I'm going to provide you an update. The key thing in this
item -- the key actionable item today is the deductive budget
amendment that provides 145 days that's going to allow this phase of
the project to be completed. Final completion by December 30.
Our goal in doing that is to achieve four completed fields for some
important tournaments that are coming up in that December/January
time frame. That's our primary goal here today. We're also going
to provide you a quick update on these -- on this project.
And the authorization to terminate is just a notification to the
Board that in the event this project is not completed on this timetable,
staff may well have to -- may need to evaluate whether we need to
terminate this contract and move in another direction.
July 12, 2022
Page 75
The slide you see in front of you shows the project broken into
phases. We are effectively working on Phase 2.1. 2.1 provides for
four fields, provides for the stormwater -- stormwater lakes you see
there. Phase 2.1 is morphing slightly into Phase 2.1 plus Phase 3.
Phase 3 was taken out of the original Phase 2 to allow us to close up
this phase of the project and move forward.
You can see Phase 4 there. Phase 4 represents 11 ball fields.
It is part of the original master plan for this. That is an integral
component of this project. We're going to talk a lit tle more about
that as we go forward.
And the last little piece in red there is the field house or Phase 5.
That's an approximately 65-, 67,000-square-foot facility that we're
identifying as Phase 5.
The photo you see in front of you is the status of Phase 1. You
can see that Phase 1 is largely complete, complete and operational.
It is currently operating on temporary certificates of occupancy that
were issued in 2020. The contractor is working towards final
certificates of occupancy, but the facility is in use and has been in
use.
There are still outstanding punch list items, outstanding change
orders, and potential contractor claims in this phase. Notification
has been provided that we are assessing liquidated damages.
Liquidated damages are a part of the contract, but they're also subject
to considerable discussion and negotiation insofar as this facility has
been in use since the temporary COs have been issued. Those
matters will likely require some settlement and likely return to the
Board with a settlement agreement to resolve all those issues.
Phase 2. Phase 2 update. Phase 2 has several components, not
the least of which are the four fields which are identified on the
overhead. It also includes the extension of City Gate Boulevard
north. The four fields I identified, internal roadways and parking
July 12, 2022
Page 76
lots and the site improvements for stormwater and underground,
those are about 70 percent complete right now. As I mentioned, the
priority being to get these four fields into play by December/January.
We've taken what is identified as Field 9 out of this phase, and
we've separated that into a new phase, Phase 3. The change order
that's the centerpiece of this item is going to extend the time frame of
the contract by 145 days, and it also provides for some of those
deductive scope changes that I mentioned.
This is an overhead of Phase 2 as it exists. In the center of the
picture is where those four fields are going to go, and towards the
bottom of that the -- or what would be the top the way we're looking
at it, is Field No. 9 that will be done as part of a Phase 3.
Phase 3. Phase 3 is going to include Field No. 9 and associated
prefab steel shelter building, as well as some other features to round
out this area, including some parking. The next step for Phase 3 will
be for the staff to present a contract award to the Board at a future
meeting. It is our plan to hard bid this rather than continue the
existing CMAR contract that we have with Manhattan Construction.
Phase 4, this gives us an opportunity to kind of look forward on
this project. Phase 4 involves 11 fields. It involves some decision
on the amenities necessary for this field. These fields are including
the need for a mini welcome center, concession and restroom
buildings, trophy presentation plaza, a mini marketplace, and a
storage and maintenance building potentially. The construction
costs right now are estimated between 25-, $30 million; design costs
at about $1.4 million.
In this case, the next step, based on Board direction, would be to
present a design contract and a plan of finance at a future Board
meeting.
Phase 5. Let me go back to Phase 5. Phase 5 update. This
represents the approximately 65- to 67,000-square-foot field house.
July 12, 2022
Page 77
This field house is an estimated cost of about $42 million; design
costs of about $2.5 million. At this point in time, we have sought
grant funding to harden this building to allow it to become a
hurricane shelter. We are expecting to hear on the $14 million grant
request that's outstanding by the end of this calendar year.
Our next step relative to Phase 5 would be to report back to the
Board on that grant award status, and at that point in time we would
probably also have some preliminary discussions on a plan of
finance.
So for today, our recommendation is to approve Change Order
No. 10, acknowledge the staff updates on Phase 1 and Phase 2,
provide direction to proceed with the hard bid of Phase 3 when the
site is available to us, and relative to Phase 4, return to the Board with
a design contract for award, as well as a plan of finance.
And the final thing would be in the event it's necessary,
authorize us to take initial actions relative to termination.
CHAIRMAN McDANIEL: Very good.
MR. FINN: Thank you, sir.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, I've got a couple of
comments.
And, Mr. Finn, you know, I apologize because we had a long
conversation in my office about this but, you know, I'd like to get this
on the record.
No offense to your comment about, you know, these phases
round out the sports complex. Trust me, this commissioner thinks
that sports complex was rounded out many millions of dollars ago.
So all these pictures of the phases that are coming up, you k now,
maybe I'll lose a lot of these votes 4-1, but, you know, I can't wait to
see what a $45 million field house looks like, but at least that's
further down the road.
July 12, 2022
Page 78
Don't be shy about coming to this -- to me as a commissioner
regularly. I don't want to hear on the 146th day that Manhattan
dropped the ball and, oh, my God, we -- you know, we have all these
big issues and whatnot. So keep us and the taxpayers updated
regularly either through, you know, contact message, meetings with
us, or here in a public forum. But, you know, what I don't want to
do is sort of close our eyes and then, you know, find out in the fall,
oh, my God, the sky is falling, kind of like what happened at the
Marco Island executive airport. And, you know, that's apples and
chairs, but it really isn't. It's a contractor who dropped the ball, and
then two years later we figured out they could have done a better job.
And I don't say that to just beat up history, but we need to learn
from poor history, and there's a lot of contracto rs and subcontractors
involved in this project making a lot of money building an amazing
complex. I mean, I'll be the first to say, it is state of the art and first
class, but I've also said, well, it better be for $200 million. I mean, I
should be able to bring my dry-cleaning there and get it done for free.
So, you know, I say that -- you know, you've given us some
really -- me, personally, some really impressive background on funds
and budgeting. I mean, it definitely is your area of expertise.
Please stay on top of this. You know, I say for me personally,
because I'm not a huge fan of expending large amounts of more
money for the sports complex. I would like to see it sort of be a bit
more successful before we continue to get out way ahead of
ourselves.
And other commissioners might, you know, disagree. I'm just
talking for me. You know, these phases are great ideas, but I think,
you know, the old standard, if you build it, they will come. Well,
they might be slowly coming now. We got a posi tive briefing from
the -- from our new contractor at our last meeting which showed
things going in a positive direction, but, you know, I guess my
July 12, 2022
Page 79
message here is, don't be shy about coming to the podium, or
somebody -- and, you know, I guess I direct this to our County
Manager as well -- to let us and the public know what's going on.
And even if something's headed not in a great direction well before
the 145 days, I certainly would like to know about it.
And then I'll also stress that some of these future phases, correct
me if I'm wrong, are still subject to approval, right? This was the
master plan. But all these things haven't been approved, budgeted,
and designed and ready to roll, correct?
MR. FINN: Yes, sir, you're correct.
COMMISSIONER LoCASTRO: I know we had that
conversation in my office yesterday, but I just want to say that, so...
It might be a tall order with me, you know, down the road, but
we'll see. Thank you.
MR. FINN: My pleasure. Thank you.
CHAIRMAN McDANIEL: It might be a tall order for all of us.
COMMISSIONER LoCASTRO: It might be. I'm hoping it is.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: A quick question. And I see
Aiebe (phonetic) in the back there. I just -- about where the -- Phase
4. There was a -- looked like an aerial photograph of where things
stood or stand right now on Phase 1 -- 2.1, and --
CHAIRMAN McDANIEL: Who's running those buttons?
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: It's Troy.
MR. MILLER: Pardon me.
COMMISSIONER SOLIS: That one. Okay. So everything
to the, essentially, left of the photograph on the other side of all the
water management features there is going to be Phase 4, right?
MR. FINN: Yes, sir.
COMMISSIONER SOLIS: Is all the water management work
July 12, 2022
Page 80
done? I mean, is essentially what we need to do the road and the
fields? I'm trying to get a sense for how much -- how much work is
going to be done -- needed to complete the fields. I mean, that's
what we're talking about in Phase 4, right?
MR. FINN: Yes, sir.
CHAIRMAN McDANIEL: And just as a point of correction,
not everything to the left is Phase 4. This is a combination of Phase
2.1, 3, and 4.
COMMISSIONER SOLIS: Well, I'm saying everything to the
left of the water.
CHAIRMAN McDANIEL: Oh, to the left of the water.
Forgive me.
COMMISSIONER SOLIS: Of the water, right. I mean,
that's -- those are the baseball fields.
MR. FINN: Right. So the major site excavation is done there.
COMMISSIONER SOLIS: All that's done, right?
MR. FINN: So you're probably going to have some drainage
underneath the fields that have to be put in as part of the fields.
COMMISSIONER SOLIS: Right.
MR. FINN: But the 11 fields that we're talking about for
Phase 4 do, in fact -- will, in fact, appear to the left of those
water -- or those lakes that you're seeing in this overhead.
COMMISSIONER SOLIS: So the bulk of the site work is
done?
MR. FINN: The bulk of the site work is done.
COMMISSIONER SOLIS: Of the big site work and water
management, okay.
MR. FINN: The specific drainage for the fields --
COMMISSIONER SOLIS: For the fields have to be --
MR. FINN: -- will still be required.
COMMISSIONER SOLIS: Okay. Okay. Because I think
July 12, 2022
Page 81
that's important in the context of how we're breaking these up and
how much we're going to be looking at what needs to be done to
complete the whole thing.
And that's all I had, thanks.
MR. FINN: Yes, sir. Thank you.
CHAIRMAN McDANIEL: Just, if you would, go to the last
slide with your recommendations for me, please. That one.
MR. FINN: There we go. I'll restate them, if I could.
CHAIRMAN McDANIEL: You don't have to. You've
already stated them once. I just -- I just want to reiterate that what
Commissioner LoCastro had to say with regard to -- and I know
you're not shy. You and I have had long conversations with how
we're doing, what we're doing.
The fact that we, you know -- I want you to hear from me -- I
want my colleagues to hear from me that I'm okay with Bullet Points
A and B, 1 and 2. They're not numbered here. They're just the first
two bullet points.
When you get into -- when we get into what we're going to be
doing and how to proceed on Phases 3 and 4 and, ultimately, 5 and
the field house and so on and so forth, I want to really -- I really want
to light up the communication with how we're doing and what we're
doing, and maybe even from a prioritization standpoint. And I know
that there is a grant requested we're waiting -- we won't hear about
until the latter part of the year.
But it's important for my colleagues to hear from me that one of
the things that sold me originally on this park was that field house,
and that was an 80,000-square-foot indoor stadium, Cat 5 indoor
stadium on the inside of I-75, and it was one of the initial phases.
And somehow during the process, as this project unfolded, the field
house got moved now to the end. And it was on the premise of
having operational fields and so ons and so forth.
July 12, 2022
Page 82
So acknowledging its existence is a nice thing, but I want it to
be -- I want it to be said out loud that you don't have carte blanche
consent from me to go forward with Phases 4 and 5 for and until we
have a handle on what it is, in fact, we're doing from a budgetary
constraint standpoint.
MR. FINN: Yes, sir. I understand that. I'll repeat back to
you my vision of how we're going to proceed here.
What we now identified as Phase 3 is essentially a subset of
Phase 2. We are going to proceed with that. The award of that
contract is going to require Board approval, so you'll have an
opportunity to see that phase come back to you.
Phase 4, we will return to you with a Board item to approve the
design concept on that as well as the plan of finance. That will give
us an opportunity to discuss both Phase 4 and Phase 5 if there's an
update on Phase 5 at that point in time.
CHAIRMAN McDANIEL: And if I'm not mistaken, there is a
revision already in place and moving forward with our County
Attorney's Office and procurement with regard to our CMAR
contract, so -- Construction Management at Risk agreement so that
we're -- because I remember I was looking at my notes from our
meeting yesterday, and one of the things that I wanted was
transparency so that we could hold construction management risk
contractors at risk and not just waive the magic wand and throw more
money at change orders and such.
And so if you recall from yesterday's discussion, we are in the
process of working on those agreements so that we have better
accountability for contractors that we bring on in that regard; is that a
correct statement?
MR. FINN: Yes, sir. The base contract -- and Mr. Klatzkow
may comment on it. That contract has been subject to outside and
internal review, and there is now a new contract for those
July 12, 2022
Page 83
Construction Management at Risk contracts.
CHAIRMAN McDANIEL: Very good.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I just wanted to add,
when you come to us with either success or failure when it comes to
grants, what we might get, you know, I'd also like to know a deep
dive on if we don't get a grant to build something or assist us to build
something, how that increases our O&M costs, or operation and
maintenance.
So it's great if we get a grant gift to build something, but then if
it's going to change the contract of our contractor, they want more
money to manage a field house or maintain 10 more fields or
whatnot, sometimes the juice isn't worth the squeeze when you get
grant money, but then exponentially increases over the next thousand
years the operation and maintenance of what we're responsible for
and we're on the hook for. And that's where I may have an issue
with it.
So, you know -- and it goes without saying, but, I mean, I want
to, you know, go on the record and say I'm looking for a deep dive,
not just, hey, Slide No. 1, guess what, you know, we got $30 million
from the state. It's great to be us, and then, you know, we find out
that then our contractor comes to us, and they want to add another
300,000 a year to their, you know, contract for management of these
new facilities and fields, and now we've got other increased costs.
Now we're hiring 10 more people, you know, to manage the larger
facility. You know, let's make sure -- and you're the perfect guy to
do it. You have a sharpened pencil and fresh batteries in your
calculator, so I expect that day to get a very impressive briefing that
gives us a deeper dive and not just, guess what, we got grant money,
so we want to proceed, you know, blindly. And I know you know
that. But that's very important to me and I think all of us up here.
July 12, 2022
Page 84
I'm not speaking in a vacuum, but --
MR. FINN: I think --
COMMISSIONER LoCASTRO: -- I look forward to that.
MR. FINN: You're not wrong. A big part of what we need to
do when we look at these projects, particularly these large projects, as
my colleagues in the Clerk's Office advise me or help me with all the
time, is don't lose sight of the sustainability and the requirement to
make what we do sustainable. That's not lost on us, and I appreciate
the comment.
COMMISSIONER LoCASTRO: Okay. Thank you, sir.
CHAIRMAN McDANIEL: It's a balance.
COMMISSIONER SAUNDERS: Mr. Chairman.
CHAIRMAN McDANIEL: Yeah, I'll get to you,
Commissioner Saunders. You'll be last, if you don't mind.
COMMISSIONER SAUNDERS: I don't mind.
CHAIRMAN McDANIEL: I won't wait -- I won't skip over
you. I was going to call you.
Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you very much.
I just kind of want to set the picture here so everybody
understands that this has not been a careless exercise at the sports
park. But the sports park, like so much that went through this
COVID time, became a situation where things happen, and there was
a, I guess, ripple effect with it. But we are about -- we hired a
company to manage the sports park, and we were busy with
production when COVID hit, which means everything stopped. And
then the company that we had hired, the owner died, which means it
stopped again. And then the project manager at the sports park that
was in charge of making sure everything would happen was there, but
there was a supervision that was greatly lacking, so things slowed
down again. And then the project manager retired, and they weren't
July 12, 2022
Page 85
replaced.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: So I'm not pointing fingers, but
that's the background by which we are where we are today. And
Mr. Finn's analysis and presentation is long overdue, and it's very
welcomed. I think it's measured. I think that when we go
forward -- I don't think we've ever taken money from the state or
federal government and said, okay, we're home free, let's go. My
experience being here almost eight years is that there is a very careful
and measured way that we approach these large projects,
understanding that they're not done in a day or in a week or even a
year, and that when you have costs rising sometimes over a year of
40 percent in construction costs, which is what we're facing now, the
more measured and the more deliberate we proceed, the better it is.
So you have my full confidence in this going forward. Thank you.
MR. FINN: Thank you, ma'am. I appreciate that comment.
CHAIRMAN McDANIEL: Commissioner Saunders, now it's
your turn, sir.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I think that in terms of making sure this is a financially feasible
enterprise, that we do have to complete all of the fields that take us
through Phase 4. And for me, the question of whether to build the
field house will be a question that I think we'll have to answer a
couple years down the road. If it's not financially feasible, well, then
we just simply don't build it. We're not committed to building a field
house. And I understand that that total cost right now is probably
about $45 million with all the architectural and design work, and that
may just be a number as it increases that is just too much.
But regardless of whether there's a field house, we have a
project that will be really an economic engine for tourism in the
county and a project that will be a real asset for our residents as long
July 12, 2022
Page 86
as we build all of these fields that ta ke us through Phase 4.
So I would also comment that we've been talking about this
Construction Manager at Risk process. It's been one that has not
worked well, and I appreciate Amy Patterson's taking the position
that we're going to diverge from that going forward. I think that's
important.
So what I'd like to do is make a motion to approve the staff
recommendation, all of the elements that Mr. Finn pointed out, but in
addition to that, beginning with our first meeting in October, I want
this item to be an agenda item each meeting for an update on where
we are. So that in October -- our first meeting in October, we'll
know where we are with Manhattan Construction and Phase 2.1 and
as we're moving forward. But I would like the Board to agree that
for October, November, December, January, every month we have an
update on where we are so that the public knows what's happening
and that we have an opportunity to really get into the details if there
are problems.
So, Mr. Chairman, that's my motion.
COMMISSIONER TAYLOR: I'll second that motion.
CHAIRMAN McDANIEL: I can support that as well. I think
that's a really good idea, Commissioner Saunders, and it addresses
the concerns that we've all expressed with greater oversight from the
Board and communication with the community.
So with that, it's been moved and seconded with staff's
recommendations along with the addition of Commissioner Saunders'
suggestion of actually having an agenda item every meeting. It's
been moved and seconded. I hear no further discussion.
Do we have any public comment?
MR. MILLER: No, sir.
CHAIRMAN McDANIEL: They're not -- okay.
All in favor?
July 12, 2022
Page 87
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
And that was a unanimous, by the way.
MR. FINN: Thank you, sir. Appreciate the consideration.
MS. PATTERSON: Commissioners, we do have a 1:00
time-certain. The next series of items that we have on the
agenda -- just to kind of position this for your lunch break, the next
series of items that we have are related to the Vanderbilt Beach Road.
There are three that are companions. If you'd like to take those and
then go to lunch. I just wanted to make sure that everyone was --
CHAIRMAN McDANIEL: I think we should, yes. Let's go.
Item #11F
AWARD CONSTRUCTION INVITATION TO BID (ITB) NO. 22-
7976, “PROJECT 60168-CONSTRUCTION SERVICES FOR
VANDERBILT BEACH ROAD EXTENSION,” TO SACYR
CONSTRUCTION USA, LLC, IN THE AMOUNT OF
$152,999,999.91, AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT AND APPROVE ALL NECESSARY
BUDGET AMENDMENTS (COMPANION ITEM TO #11G AND
#11H) - MOTION BY COMMISSIONER MCDANIEL TO
APPROVE AS PRESENTED, SECOND BY COMMISSIONER
SAUNDERS – APPROVED
July 12, 2022
Page 88
MS. PATTERSON: All right. That brings us to Item 11F.
It's a recommendation to award construction Invitation to Bid
No. 22-79.
CHAIRMAN McDANIEL: One second. Commissioner
Taylor lit up, and I missed it.
COMMISSIONER TAYLOR: Yeah. Just to -- it comes to
mind -- I believe by state statute, we are required by law to take the
lowest bidder on a project, a qualified bidder. I believe th at is the
law. That is what the state tells Collier County to do. And I can tell
you on three occasions that I've been close to, this has not worked out
well for us. Most recently the fireworks at Sugden Park. So I
would ask the public to be patient with us. We work the best we
can, but when a contractor does things that really are egregious and
takes advantage of us and your money as taxpayers, we are able to
never do business with them again, but that is all we can do. We live
with it, there's a contract, we have to go through it, but then we adjust
and change it for the future. Thank you.
CHAIRMAN McDANIEL: All right, Jay.
MS. PATTERSON: Go ahead. This will be companion Item
to 11G and 11H to follow.
MR. AHMAD: Good morning. Thank you, County Manager.
Good morning, Mr. Chairman, Commissioners. I'm Jay
Ahmad, for the record.
CHAIRMAN McDANIEL: One second.
COMMISSIONER SOLIS: I'm sorry. Commissioner Taylor,
did your statement have to do with this or the prior item?
COMMISSIONER TAYLOR: Manhattan was the lowest
bidder. So was --
COMMISSIONER SOLIS: On this -- on Vanderbilt?
COMMISSIONER TAYLOR: No.
COMMISSIONER SOLIS: No, okay. I mean --
July 12, 2022
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COMMISSIONER TAYLOR: This is before.
CHAIRMAN McDANIEL: You were talking about, because
we were onto the next agenda item and --
COMMISSIONER TAYLOR: Well, I had pressed my buzzer
before we did.
COMMISSIONER SOLIS: Okay. I just wanted to make sure
I was following what you were saying. Okay.
CHAIRMAN McDANIEL: She pointed out me missing her.
That's my bad.
COMMISSIONER SOLIS: My apologies, okay.
COMMISSIONER TAYLOR: Not bad.
CHAIRMAN McDANIEL: Commissioner LoCastro, did you
have a comment on the previous one or on this one?
COMMISSIONER LoCASTRO: Yeah. I mean, I just look to
the County Manager for a little more clarification. We spoke about
this yesterday in my office. I mean, I don't know that we're
100 percent locked into always the lowest bidder regardless of
anything. I mean, we've got a couple of things on the agenda today
where, correct me if I'm wrong, you were -- you told me in my office
yesterday 50 percent of it has to do with the bid, but then there's
other, sort of, moving parts, depending on the project. And so I'd
like you to confirm that, you know, for the record. But, then, you
know, one of the things we also spoke about in my office is similar to
what Commissioner Taylor is saying, the minute we get a bad
contractor, you know, we need to kick them to the curb and put them
on the block list.
You know, I always hate to beat up the Marco Island, you know,
executive airport terminal, but I remember when I was frustrated
about it, our own staff said, oh, that's a terrible contractor. We've
had so many problems with them over the years, and they're stuck in
litigation on things on the East Coast. And, I mean, I scratched my
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head and said, God, if we knew all that, why did -- you know, did we
have to lock them in for this?
So give us the short version a little bit to separate rumor from
fact, because what Commissioner Taylor said maybe wasn't
100 percent correct. And I'm not saying what she said was wrong.
She's bringing up a really good point that really concerns me as well
that these are big, heavy, huge expensive contracts with taxpayer
dollars, and, you know, we've got to really make sure that we're smart
and we don't just hire a contractor but we recruit one.
And what really frustrates me is sometimes when it does go to
the lowest bidder, what happens 60 days later? Somebody from the
staff comes in here and goes, oh, we have an amendment to the
lowest bidder contract. They need another $800,000. And then
when we say "approved," now they actually aren't the lowest bidder,
and the person that came in second and wasn't picked might have
been the best contractor, never would have come to us with a contract
adjustment, and that might have been the best deal.
You said everything I wanted to hear in my office yesterday
about us really tightening that process and making sure that, you
know, contractors don't play a game with us and go, bid really low,
get the contract, and then two months later you say you need
1.5 million more because construction costs went up or, you know,
we hit a water main that we didn't know existed there, and we've
been, you know, hoodwinked before on that.
What are your comments?
MS. PATTERSON: Understood, your concerns.
So a lot of the things that we do with construction are based on
low bid, but there are other ways, too. There are things that are
dependent upon qualification. So it depends on the type of
solicitation.
You've heard today the Construction Manager at Risk. We
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have sometimes the design-build. So each one is a little bit different,
and it brings about a great point that perhaps we need to be a little bit
better explaining what each one of those are and what the process is.
But to your point, we've talked about the fact that when we do
have difficulties with contractors -- I know exactly which ones
Commissioner Taylor's talking about -- we need to be thorough and
diligent in documenting that so that we know that that's not a
contractor that we're going to use again. We had an old process
called Bernie's, for the people that have been around for a long time,
where we were able to document these processes and problems with
contractors or consultants through Procurement. So we're planning
on working with Procurement again to make sure that we're really
documenting when we have these difficulties.
To your point, with change orders and things, that wraps another
piece of this in, is controlling those change orders for those
unforeseen conditions versus some of these costs that are not that.
The Clerk has been very active in helping us look at those processes
and find better ways forward. Some things are unavoidable, but
then, as a circumstance that you're pointing out, if it's something
that's underbid and would have changed then, perhaps the ordering of
things had somebody not underbid, those are all things that have to be
evaluated.
So as part of our summer work program and going into the
fall -- I keep saying that "summer work program" -- we are going to
be looking at those processes and making sure our project managers
are really understanding, number one, the appropriateness and type of
solicitations that we're using and also those best tools to work with
Procurement and our County Attorney's Office and our Clerk's Office
to manage those contracts so that we don't find ourselves in these
situations when it's avoidable. Sometimes the situations are
unavoidable, and we have to take away from that how we learn and
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also how we document on that type of situation.
COMMISSIONER LoCASTRO: Let me ask you this. If we
had a contract -- you know, we put something out for bid and we had
a contractor that came in $10 million, thin details, you know, didn't
really -- you know, they didn't respond to the RFP with a lot of
details and then somebody else was $11 million but, wow, 500-page
proposal, incredible track record, gold star, gold medal, you know,
type of contractor, don't we have the latitude to sit here and say, well,
they're not the lowest bidder, but boy they gave us a lot more detail
that makes us more confident that they're not going to flub this one
up? What's type of latitude do we have to not just default to the
person who printed their contract on the back of a cocktail napkin
versus the person who gave us a three-ring binder with a stellar
proposal?
MS. PATTERSON: Before we ever even get to a selection
process, part of Procurement's job is to determine who are the
responsive and responsible bidders. So if you had somebody turn in
a thin proposal that didn't meet all of the criteria that we laid out as
part of --
COMMISSIONER LoCASTRO: You could drop it out?
MS. PATTERSON: -- that request, they would deem them --
COMMISSIONER LoCASTRO: I mean, I know that. I just
want to hear -- I want people to hear that. And then what I liked,
what you said in my office is -- yesterday is, we actually can do a
better job at that than we maybe have done in the past. So I know
we'll all be looking for that in your leadership.
MS. PATTERSON: Agreed. I can tell you specifically we
learned a hard lesson with the West Goodlette project. It ended up
being, I'll say, okay, but we suffered through years of construction,
and we learned a lot of lessons about how we do things. And, in
fact, those lessons learned are carrying over into the next phase of
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construction for that particular project. So, yes, these are items that
are on our list and ways that we can always do better.
COMMISSIONER LoCASTRO: Thank you, ma'am.
CHAIRMAN McDANIEL: And on that note, Jay, you can
relax. We're going to go to lunch after Commissioner Solis has a
comment, and then we'll bring these items up. Where I thought I
had 15 minutes, we don't, so you can --
COMMISSIONER SOLIS: And I am segueing into the next
item, though. But in that same vein of these questions, this item, it's
$153 million. I mean, it's one of the largest projects we have, right,
including the sports park. I mean, what is our experience -- and I'm
not sure how to pronounce the contractor's name. Sacyr? Sacyr?
MR. AHMAD: Sacyr Construction.
COMMISSIONER SOLIS: Yeah. Do we have experience
with them? Because I see that -- and this can be part of your
presentation, so I want to kind of tee up what my questions are going
to be so you can be ready for these.
You know, Ajax Paving has been around Collier County for as
long as I've been here. And as I understand it, we've had a very
good relationship with them, and they've done very good work over
the years. You know, I'd like to have a little discussion about are we
going with a company that we're not that familiar with or don't have a
track record with when, essentially, it seemed like the bids were
almost identical. So that's -- I'd like to have that kind of information
when we get there because --
MR. AHMAD: I can -- in three minutes I can perhaps answer
some of the questions that you have. Sacyr Construction never
worked in Collier County before. I've been with the county for 17
years. We haven't had them. Done over 40 projects, large and
small, and Sacyr Construction wasn't one of our contractors. It's a
multinational firm that have done work for the Florida Department of
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Transportation.
COMMISSIONER SOLIS: They do or they don't?
MR. AHMAD: They do.
COMMISSIONER SOLIS: They do.
MR. AHMAD: They do. They have done work on 82, for
example, going from I-75 to Immokalee, the City of Immokalee.
They've done work on I-75 north in Sarasota. We've done the
research on them. They are -- FDOT speaks very highly of them.
Speaking to the discussion that Amy -- and just add to exactly
what they said, this type of bidding, when we go to a design bid
build, you know, you finish the design, you get the permits, the
right-of-way and all that, and then you go to bid. We follow state
statutes that is very restrictive on if it's responsive and it's a low bid.
We cannot arbitrarily -- and maybe Jeff can assist me with this. In
the past, we cannot not just go to the second because we just wish to
do it.
COMMISSIONER SOLIS: We used to have kind of a
local -- a local contractor thing, but I guess that's been done away
with by the legislature.
MR. KLATZKOW: Well, yes and no. It was sort of done
away with by us because we have commingled funds. So we've
taken federal dollars, state dollars, and we throw them into one pot.
COMMISSIONER SOLIS: Okay.
MR. KLATZKOW: So had we not done that -- and I'm not
saying it was not the right choice. Had we not done that, then you
could have had local preference, but we have done that.
COMMISSIONER SOLIS: Okay.
COMMISSIONER LoCASTRO: But where we do have
flexibility, to Commissioner Solis' point, if we see a contractor that
we've never seen before -- and we can't just drop them arbitrarily, I
get that, because they're new. But to Ms. Patterson's point, we can
July 12, 2022
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do a deeper dive and look at something and say, you know what, the
bids are pretty close. You know, it's one thing if a bid's 8 million
and the other one's 30 million, you know, then your concern is, I
think the 8 million one is way under, and these guys are just trying to
get the contract, and then we're going to get padded with it.
But to Commissioner Solis' point, on the ones that certainly look
like, wow, we need to make a judgment call, I would hope we would
have the flexibility to not waste taxpayer dollars and use our sound
judgment and experience to be able to say, wow, we've got some
questions with this contractor we've never heard of. And it might
just be asking them more questions. We would like 10 examples of
other things you did on the East Coast and, you know, it turned out to
be on time, on budget, and were phenomenal. I think that's just the
kind of homework we need to do, especially when we get these
multiple bids.
MR. KLATZKOW: If they're qualified --
MR. AHMAD: You would have to declare them
nonresponsive.
MR. KLATZKOW: If they're qualified and they're the low
bidder, they get the contract. And as an aside, we don't get a lot of
bidders in Collier County. It's not like we've got five, six, seven
bidders on every project. So it's -- you know, denigrating
contractors is probably not in our best interest in the long term.
COMMISSIONER SOLIS: No, no. And I'm not suggesting
that. I'm just expressing, you know, this is -- is this the largest road
project dollar-wise that we've ever had? I mean, it's got to be close.
I mean --
MR. AHMAD: It is --
COMMISSIONER SOLIS: -- it's going to be more than the
sports complex. So I'm just expressing my, you know, real concern
that we really dot our I's and cross our T's and make sure that we
July 12, 2022
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have the right contractor involved because, I mean, we are where we
are with the sports complex, and that was a known quantity as well.
I'm just trying to express my concern. It's huge with a capital H, in
my opinion, and we need to make sure we're doing everything we
can.
COMMISSIONER LoCASTRO: Ditto.
MR. AHMAD: I appreciate that comment, and we wish that we
get the contractor that we want to work with and worked with in the
past. It is the state laws that we follow, and we must -- if it's a
qualified contractor, responsive --
COMMISSIONER SOLIS: Okay.
MR. AHMAD: -- we must award to the low bid, and that's as
far as I understand the statutes.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And this isn't done in a vacuum.
We have an entire procurement process that's going on. I talked
personally to multiple contractors that looked at the proposal and the
RFP as it went out, talked to me about potential deficiencies and so
ons and so forth. So I'd like to, if we can, just quickly hear from
Trinity, and then we'll go to lunch and come back and do our thing.
Trinity, you want to say a few words?
MS. SCOTT: If I could, just quickly. Trinity Scott,
department head, Transportation Management Services.
We go through a process where we are checking their
references. We're contacting -- and that's how we got to FDOT,
knowing that they did FDOT work. But we -- all of the references
they provide to us, we go back, we reach out. How did they
perform? And that is all part of our package when we're coming
together for us to be able to make a recommendation.
So, yes, it's a vendor that we've not worked with in the past, but
our folks at the Florida -- or partners at the Florida Department of
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Transportation spoke very highly of them, and they have done work
in the southwest area, so...
COMMISSIONER SOLIS: Okay. I mean, I'm not -- and I'm
not denigrating anybody. I just want to make sure that we're -- and
it's good for the public also to understand that this is not just throw a
dart at a dartboard. I mean, there's a lot of investigation that goes
into these decisions.
CHAIRMAN McDANIEL: This project's been on the books
since 2006, plus/minimum.
So with that, we will back at -- are you all listening? -- 1:00.
COMMISSIONER TAYLOR: Oh, my gosh.
(A luncheon recess was had from 12:02 p.m. to 1:00 p.m.)
MS. PATTERSON: Commissioners, you have a live mic.
CHAIRMAN McDANIEL: There we go. Good afternoon.
Are you ready, Dear Terri?
THE COURT REPORTER: Yes.
CHAIRMAN McDANIEL: Okay. Okay. I don't want to start
without my court reporter, so. And I just put a Lifesaver in my
mouth. Forgive me, I have something in my mouth.
All right. Are we going to -- I have heard that our 1:00
time-certain is five minutes or so behind.
MS. PATTERSON: Yes.
CHAIRMAN McDANIEL: So let's go ahead and start with the
agenda item there on Vanderbilt, and then we'll let him wait on us.
MR. AHMAD: Sure. Good afternoon, Mr. Chairman,
Commissioners. I'm Jay Ahmad, for the record, your Transportation
Engineering director.
I'm actually very delighted to bring this item after many, many
years of being on hold. This project started, you're correct, well
before 2006, which when I started, the planning phases of that project
started in 2005 or '4. And we started the design around 2006. And
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in 2008 this board, with the Great Recession, actually made a vote to
put this on hold all the way to roughly 2017. And this is kind of
what -- my next slide, the Great Recession kind of put a hold on this
project. In 2017 the Board approved this project to go forward with,
again, restarting the design.
Just a bit about what the project is. I'm sure you've seen me
before about this project through either condemnation or buying
property, hiring consultants. I've been probably dozens of times
before you on this project. It's a seven-mile project, extends from
Collier Boulevard, goes east for about seven miles to 16th, it crosses
Massey, Wilson, 8th and 16th. It's six lanes to Wilson Boulevard.
It goes four lanes beyond that to the end of the project. It's a
two-lane highway from Wilson to 16. There are traffic lights at 8th
and 16th and Wilson, and a canal relocation on the south side.
This is kind of what it looks like, six-lane highway. There's
bike lanes on both sides, a pathway on the north side, and
improvements to drainage and swales. And, as you can see, a
median.
This is what it looks like east of Wilson. It's a two-lane
highway. And the pathway continues all the way to the 16th and
improves stormwater as well.
The project also includes Massey Street from Collier north to the
Tree Farm Road where the roundabout exists. It's a two-lane
highway, as you can see on the map, also a sidewalk on the west side.
So we -- as the earlier discussion, we went out to bid. You know,
we have a design. We got specification. We got the right -of-way
completed through negotiations or eminent domain, and we got the
permit, which took -- thank you for your help, Mr. Chairman --
CHAIRMAN McDANIEL: You're welcome.
MR. AHMAD: -- with the Florida Environmental Protection
Agency. And we finally got to the bid process, and we went out to
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bid, and the bid went out to the world. I mean, our Procurement
does a good job of advertising the project. It's a large project, and
we were kind of in line with what FDOT have, or been receiving, two
to three bids, and large or small, there are not that many bidders that
seem to bid projects due to the market or other factors.
The low bid was submitted by Sacyr Construction USA for
153 million and change. The second bidder was Ajax, whom we
have worked with many times and actually accomplished a lot of
projects for us: Golden Gate Boulevard, both sections, many other
projects.
We have done the Delora (phonetic), what Procurement
calls -- it's a vetting of the contractor, if you will. It asks for
references, what projects they've done in the past, and they've done a
lot of -- a couple projects for the FDOT here in Florida. They've
been in Florida since 2015. They're a Spanish company. They've
done work in South America. They've done -- and they've given us
those states or communities to check their references.
$153 million was about 17-and-a-half percent, 17.6, above
engineer's estimate, so we -- the Procurement director exercised the
county's reserved right to negotiate with the lowest bidder. And we
had that session of negotiation, and as you could see, we didn't do
that great; $308,000 is what the Sacyr came back with a reduction
from the original bid that they submitted, and we are presenting that
to you today.
Okay. This project -- and this chart is essentially to give you
the overall total costs from day one to kind of today. Some of it is
estimates. We started the design with a contract with Jacobs for
five million, and then it stopped in the middle of it, in 2008 that was
kind of -- we finalized that part. And then in 2017, another roughly
about five million to complete the design. Total cost of -- and these
are not exact -- about 10 million.
July 12, 2022
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Right-of-way, we have, I think, spent close to 30-some million
to date, total right-of-way estimates. We have a lot of property still
to go through and close through. It went through the eminent
domain process and, of course, after the eminent domain is trying to
get the final settlement with the owners of those properties.
We're estimating 49 mitigation credits: Panther habitats and
wetlands about 1.4, and the construction is 153. The VT testing,
which is on your item next is -- that is to verify quality and test
material for 1.8.
And staffing time, the CEI, the construction engineering
inspection, for this project is going to be done by my staff, my team.
And normally CEI costs about 10 percent of construction. So it's a
savings to the county just with your staff is about $15 million, and
I'm just using 1.2 is for what we pay these folks, and we're not paying
that great, apparently -- 1.2 million in-house CEI staffing. So a total
cost of about 215- or so, 216- is --
The interesting part of this is, if you take the per -lane mile, we
have 39.4 lane miles added to the county assets, and you kind of go
backward. In the impact fee calculation, you use approximately
$6 million per lane mile. If you add all these costs is a bit less than
what we are charging for impact fees. It's five and a half. And the
reason is the CEI cost is less in this case.
Okay. How we're funding this project. For today, it's in your
executive summary. A surtax is 74 million. Impact fees is 29,4-.
We are actually drawing -- and this is the next item -- from a
commercial paper. It's like -- Ed could probably explain it better
than I would. It's like a home equity kind of credit. It's an equity
line that you only pay interest once you draw it. That's 27 million.
Reserves, we're scraping up reserves of 13-some million.
Utility has a lot of utilities here, relocation, adding more utilities,
approximately nine million, and gas tax is 42-, for a total of
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approximately $153 million.
So today we're hoping that you award this contract to the lowest
responsible bid, vetted as best as we could, to Commissioner
LoCastro's questions, and it is the bids, the low bids we get.
Unfortunately, if they are qualified and responsible and they are low,
you get the protests. And we've had those in the past if you don't
award to the lowest responsible qualified bidder, and that's a state
law.
And we are making a recommendation today to award to Sacyr.
The construction will start shortly after your award today and
approval, and we have a duration in the contrac t for three years.
So the things that we struggled -- the County Manager, we've
been discussing why should we award, not delay the cost. With
Trinity, we've been debating this for a while. The congestion on
Golden Gate Boulevard weighed heavily, and on Immokalee Road.
This is the answer to the congestion question that we've been facing
through your constituents. They have congestion, serious backup on
those roadways. So the cost of congestion -- if we delay this project
a year or two, that is a number.
The current market, FDOT, in fact, had just received bids on
I-75, the big project there at the interchange, Interchange 101, I -75
and Collier, Davis area there. They've gotten a bid for $97 million,
and engineer's estimate was 77-. So they are 27 million.
In fact, they have had in their -- District 1, which is this region,
recently bids of over 44 percent above engineer's estimates on an
average for the latest project. There's extreme escalation of costs
due to labor, material, shortages of all kinds.
Again, I mentioned the 5.5 is less than what we use for impact
fees of six million. That also weighed in our decision to come
before you with an award. And if -- you know, FDOT can't predict
the market in the future. We have the same struggle. Could we -- if
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we delay it, would we get better prices in the future, and should we
delay this project and hope for lower prices? We couldn't come up
with that due to shortages of labor, supplies, material, and so forth.
And I think this is it. I was told to be brief, brilliant and --
COMMISSIONER TAYLOR: Be gone.
MR. AHMAD: -- be gone. I was extended more than that.
I'm open for questions.
CHAIRMAN McDANIEL: And we have none. No, I'm
joking. I have one quick question, if I may, and it had to d o with the
right-of-way, Jeffrey, and that's the acquisition of those 188 parcels.
And we've acquired 130. Do you foresee --
MR. KLATZKOW: We've acquired all of them. What we
have left to do is negotiate a final payment for about 30 parcels, but
we own all of them.
CHAIRMAN McDANIEL: We've got everything we need
from a right-of-way standpoint?
MR. KLATZKOW: We've owned them since last September.
CHAIRMAN McDANIEL: Okay. Very good.
Commissioner Taylor.
COMMISSIONER TAYLOR: I think it's unbelievable when
you think 5.5 million a mile, but this is -- I know you're on top of it.
I remember this conversation maybe three years ago. That's
probably what it's going to be, but the good news is you're going to
start in September, and that's great news. So that's all -- that's all my
comment.
CHAIRMAN McDANIEL: And on that note, it is -- it is
starting on the western side where we're going to take care of that
debacle with Massey, that private street that we opened up to the
public, and the roundabout to the north end. Those improvements
are all coming on the front end of that to help secure that.
Commissioner Solis.
July 12, 2022
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COMMISSIONER SOLIS: And I just -- I just want to make
sure I'm doing the math right. So it's five-and-a-half million per lane
mile. How many lane miles are we talking about?
MR. AHMAD: 39.4 lane miles.
COMMISSIONER SOLIS: Okay. So in terms of, like, how
much it is per mile, it's a lot more than five-and-a-half. I mean, per
mile for what we're building, it's whatever that is.
CHAIRMAN McDANIEL: About twenty.
COMMISSIONER SOLIS: Twenty-one million a mile.
MR. AHMAD: Right. You're building six lanes to Wilson.
It's significantly --
COMMISSIONER SOLIS: Oh, no, no, no. It's a huge facility.
No, I get it. I just, you know, 5.5 per lane mile sounds like -- that's
not that big a number. But when you add it all together, it's a big
number. It's 20 million a mile or more, thereabouts.
MR. AHMAD: The math is the math, of course.
COMMISSIONER SOLIS: Yeah, it's the math.
MR. AHMAD: Again, if you build a small, little two-lane
roadway, it's a little different than you build a massive highway.
COMMISSIONER SOLIS: No, I agree. I'm just -- I want it to
be clear for people that are listening to this that it -- what the math is.
You're saying it's per lane. We're building six lanes from Collier
Boulevard to Wilson and two lanes from there on out.
MR. AHMAD: Correct.
COMMISSIONER SOLIS: So six lanes is how far?
MR. AHMAD: Five miles.
COMMISSIONER SOLIS: Five miles it's six lanes.
MR. AHMAD: Yeah.
COMMISSIONER SOLIS: Okay. It's a big highway.
MR. AHMAD: The majority of the project is six-lane highway.
And, of course, with six lanes, you've got curbing, you've got
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drainage, and you've got traffic signals and all these other features
that, you know, a two-lane may not have.
COMMISSIONER SOLIS: I see Trinity's back there. I think
I'm -- if I'm saying something I shouldn't be saying, please let me
know. It looks like I'm making her worried or something.
But -- okay, that's all I had. I just wanted to make sure that people
understood the math.
MR. AHMAD: No. Thank you for that question. Yeah, the
math is the math. We use the lane mile because impact fees is how
we assess for --
COMMISSIONER SOLIS: Oh, right. Right, okay.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Jay, then the math or number
that jumps out me is a seven-mile stretch that takes three years. You
answered part of it, because it's not just paving a road. It's drainage
and curbing and all that. But is there -- you know, would you assess
that there's any pad in there, you know? Like, similar to Goodland
Drive -- and I'm not comparing that. You know, that was a small
stretch. But, you know, we gave an estimated date and, you know,
you obviously beat it, and you worked in there time for hurricane
season and storms. I mean, it's great we're starting in September, but
that means we're going to have three hurricane seasons, you know,
during this -- doing this. Does the three years, you know, have a bit
of pad in it? And is that a number that you think -- I mean, you
know, it's a seven-mile stretch. It's a lot more, like I said, than just
paving a road. But does that seem like, you know, a normal time for
you? And does it have a little bit of a pad in there for, you know, the
things that are going to come up within a three-year period that could
slow our project down?
MR. AHMAD: It's actually -- it's a method the FDOT
calculates the period of -- and that's what it's based on. Just think
July 12, 2022
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about it this way, that they'll have to spend almost $5 million a month
to meet that schedule.
COMMISSIONER LoCASTRO: Right.
MR. AHMAD: That's a lot of construction.
COMMISSIONER LoCASTRO: Okay. Well, I'm sure you'll
keep us posted on how their timeline's doing.
MR. AHMAD: Yep.
CHAIRMAN McDANIEL: Commissioner Saunders, I didn't
mean to disturb you there. Do you have anything you would like to
add in?
COMMISSIONER SAUNDERS: No. I'm anxious to get this
project under construction, so I'm glad that we're at this point.
CHAIRMAN McDANIEL: So with that, I'll make a motion for
approval.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: Who are we going to give it to?
COMMISSIONER LoCASTRO: Give it to him.
CHAIRMAN McDANIEL: We'll give it to -- do you want to
give it to Commissioner Saunders?
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN McDANIEL: Since -- he's operating on a little
bit of a delay, so...
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the project as presented. Is there a ny other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
July 12, 2022
Page 106
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: All opposed, same sign, same
sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Now we're going to go to our time-certain now and hold off
on -- because our esteemed representative has finally graced us with
his presence. And we won't say anything about you being 17
minutes late or anything, my friend, so...
Item #5D
LEGISLATIVE APPROPRIATION CHECK PRESENTATION BY
DISTRICT 105 REPRESENTATIVE DAVID BORRERO OF
$500,000 FOR THE GOLDEN GATE CITY WATER RESOURCE
PROTECTION & RESTORATION MASTER PLAN –
PRESENTED
MS. PATTERSON: Commissioners, that brings us to Item 5D.
This is a legislative appropriation check presentation by District 105,
Representative David Borrero, of $500,000 for the Golden Gate City
Water Resource Protection & Restoration Master Plan.
CHAIRMAN McDANIEL: How about that?
MR. MULLINS: For the record, John Mullins, your director of
Communications, Government, and Public Affairs. And as you may
know, prior to this year's redistricting, the bulk of the current District
105 was on the east coast side of Alligator Alley, but it did come
across the Alley to include Golden Gate City and the bulk of the
Estates.
July 12, 2022
Page 107
And in the last few years we've been fortunate enough to have
then representative, now State Senator Anna Maria Rodriguez,
succeeded by Rep David Borrero as the elected officials for this
district. And on numerous occasions during his tenure, Rep Borrero
has visited the best coast of his expansive district and has always
been available to address the needs of his Collier County
constituency.
But with redistricting, we are, unfortunately, losing Rep Borrero
as the map shifts to give him a much more compact district on the
East Coast and transfers the Golden Gate area to Represent Melo.
However, as his Collier swansong and through his direct efforts
in the House in pushing our $500,000 project appropriation request,
we can now equally match that with our county funds to begin the
master planning process which will culminate in large-scale
infrastructure projects, including septic-to-sewer conversion,
well-to-municipal water, rehabilitation of the stormwater system, as
well as installation of sidewalks and lighting in the Golden Gate City
area.
And although she could not be here today due to a prior
obligation, we would be remiss if we did not also thank President
Designate Passidomo, who had identical funding included in the
Senate version of the General Appropriations Act, keeping this
project from being a matter of disagreement between the two houses
and budget conference negotiations, and ensuring final approval by
the legislature.
But for now, thank you, Rep Borrero, for all your hard work on
our behalf over the last two years, and please come forward to
present the check and accept our gratitude for your hard work.
(Applause.)
REPRESENTATIVE BORRERO: If I can maybe just say a
few quick words over here.
July 12, 2022
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CHAIRMAN McDANIEL: Let's do the check, and then you
can say your few words.
REPRESENTATIVE BORRERO: Sounds great. Let's do
that.
CHAIRMAN McDANIEL: Since we're already moving to you.
COMMISSIONER TAYLOR: Remember us in your new
district.
REPRESENTATIVE BORRERO: Oh, absolutely.
Well, thank you guys so much, and I'll just be real brief.
As, you know, John was saying over here, it is very unfortunate
that I'm going to be losing this part of my district. I'm honestly here
because of Collier County. And during the campaign cycle we
worked really hard and just earned the love and support of this side of
your community in Golden Gate and Golden Gate community and
just fell in love with your residents. I mean, you have the
best-quality residents over here in this area. People who truly love
freedom, people who truly love responsible government, and I'm
honestly very, very proud to be able to serve this area of Collier
County and Golden Gate community.
I represent Verona Walk area, a little piece of Lely Resort, and,
you know, we had residents that were complaining when I was
knocking on doors over there about flooding. So we went out and
we did something about it. And thanks to the support from our
future Senate president, Kathleen Passidomo, we got the job done.
We got half a million dollars, and it's going to be dedicated to
stormwater improvements. Part of that money's going to fund a
master plan which will help to convert septic to sewer, potable wate r,
clean potable water, some right-of-way improvements, like sidewalk
improvements and fire hydrants. And so it's a comprehensive master
plan that's going to be funded with these funds.
And although you may be losing me as a state representative, I
July 12, 2022
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will still be here. You can count on that. I'll be a phone call away
from all of you guys. If you guys need some additional air support
from the east side of the state, I'm 110 percent available.
So, again, thank you guys so much for having me, and I look
forward to continue working with you.
CHAIRMAN McDANIEL: Thank you.
(Applause.)
COMMISSIONER SAUNDERS: Mr. Chairman, I would like
to personally thank Representative Borrero for his efforts. He will
be missed, but I'm sure we'll be talking to him during future
legislative sessions. So thank you.
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: You know, and, David,
Commissioner LoCastro and I, we regularly say it. You're still
going to be our state rep. We just can't vote for you.
REPRESENTATIVE BORRERO: I love that. Thank you
guys.
COMMISSIONER TAYLOR: Thank you so much.
COMMISSIONER LoCASTRO: You know, I just wanted to
add, the thing I've been the most impressed with with you -- you
know, we've talked quite a bit -- is just, like, how accessible that
you've been. You know, you've called me personally a bunch of
times. A lot of those areas that you mentioned are in my district.
I'm sure the other commissioners have the same thing to say, but I
just think that that's something that I really respect. You know,
anytime I've dialed your number, I didn't get an assistant. And, you
know, when you've called me, you've gotten me directly.
And one of the things we haven't really talked about -- and it's a
conversation that you and I had a deep one -- was your love and care
for the Everglades and how you've been -- you've kept that on your
July 12, 2022
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radar as well. And we've talked about some different projects and
whatnot.
So I have no doubt that you'll work closely with Representative
Melo and Representative Rommel and all the -- you know, it's one
big team. So even though the map has lines in a different area, a lot
of things cross over from one coast to another. So, you know, thank
you for just being so responsive and having so much initiative and
being so available all the time. And I guess that's what a successful
public servant's supposed to be, so we're not patting each other on the
back. But not all of them are. So thank you very much. I rea lly
appreciate and respect that.
CHAIRMAN McDANIEL: Thank you very much, David.
Appreciate it. You're going to take your check back?
REPRESENTATIVE BORRERO: We're going to take this, but
we're not taking the money. Don't worry.
CHAIRMAN McDANIEL: Oh, okay. There we go.
All right. And, again, thank you for coming over, David. I
appreciate it very much.
Back to where we were.
COMMISSIONER LoCASTRO: Are we giving him a police
escort to the county line? Make sure he makes it home, okay, you
know.
Item #11G
RESOLUTION 2022-123: A RESOLUTION AUTHORIZING THE
COUNTY'S BORROWING AN AMOUNT NOT EXCEEDING
$30,000,000 UNDER THE FLORIDA LOCAL GOVERNMENT
FINANCE COMMISSION'S POOLED COMMERCIAL PAPER
LOAN PROGRAM FOR THE PURPOSE OF CONSTRUCTING
THE EXTENSION OF VANDERBILT BEACH ROAD; THIS
July 12, 2022
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LOAN IS SECURED BY THE COUNTY’S COVENANT TO
BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON
AD-VALOREM REVENUE; AUTHORIZE THE EXECUTION OF
A LOAN NOTE OR LOAN NOTES TO EVIDENCE SUCH
BORROWING; AUTHORIZE THE EXECUTION AND
DELIVERY OF OTHER SUCH DOCUMENTS AS MAY BE
NECESSARY TO EFFECT SUCH BORROWING; AND
AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS
(COMPANION ITEMS TO #11F AND #11H) - MOTION TO
APPROVE BY COMMISSIONER TAYLOR, SECOND BY
COMMISSIONER SOLIS – ADOPTED
MS. PATTERSON: That brings us to Item 11G, the second of
the companion items for the Vanderbilt Beach Road extension.
This is a recommendation to approve a resolution authorizing
the county's borrowing in an amount not to exceed $30 million under
the Florida Local Government Finance Commission's Pooled
Commercial Paper Loan Program for the purpose of constructing the
extension of Vanderbilt Beach Road. This loan is secured by the
county's covenant to budget an appropriate legally available non -ad
valorem revenue; authorize the execution of a loan note or loan notes
to evidence such borrowing, authorize the execution and delivery of
other such documents as may be necessary to affect such borrowing;
and authorize all necessary budget amendments.
Ed Finn, your Interim Deputy County Manager, is here to
present.
MR. FINN: Thank you, ma'am. Edward Finn.
The reading of the title really covers the entire matter. This
important project requires this funding to fill a little gap in the
financing. It is entirely possible across the course of this project we
may or may not need to draw on this, ultimately, but we need the
July 12, 2022
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budget appropriation in order to let the contract.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: There is public comment before
we call -- before I call for the vote.
MR. MILLER: Yes, Mr. Chairman. One public comment,
Rae Ann Burton.
COMMISSIONER SOLIS: Doesn't the Chair personally
guarantee this as well?
CHAIRMAN McDANIEL: Yeah, I'm signing right on it.
MR. FINN: Personal guarantees for all our friends.
MS. BURTON: My name is Rae Ann Burton, rural Golden
Gate Estates.
Commissioners, on July 9th at 1:23 a.m. I sent the Board an
email on 11G, which I'm speaking on today to get in the record.
The cost of this project has skyrocketed since the original
proposed 100 million, then to 220 million, and growing now. The
project with an initial cost of 100 million where three-fourths was
supposed to be funded by infrastructure has ballooned well past the
220 million and counting. It seems to need more physical [sic]
responsibility and consider other options.
I was brought up that you pay as you go. If you can't pay for it,
do without or put off until you can. The taxpayers have fixed
incomes and have to spend accordingly; so should the BCC board.
There is just so much money you can get from the taxpayers. The
budget should be set at what the revenue is. The revenue should not
be adjusted to seek the budget.
(Applause.)
CHAIRMAN McDANIEL: So with that, it's been moved and
seconded that we approve the agenda item as presented. Is there any
other discussion?
July 12, 2022
Page 113
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: All opposed, same sign, same
sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. FINN: Thank you, sir.
Item #11H
AWARD REQUEST FOR PROFESSIONAL SERVICES (RPS) NO.
21-7914, “VERIFICATION TESTING SERVICES FOR
VANDERBILT BEACH ROAD EXTENSION,” TO JOHNSON
ENGINEERING, INC., IN THE TOTAL AMOUNT OF $1,812,089,
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT (PROJECT NO. 60168)
(COMPANION ITEMS TO #11F AND #11G) - MOTION BY
COMMISSIONER SOLIS TO APPROVE, SECOND BY
COMMISSIONER TAYLOR – APPROVED
MS. PATTERSON: Item 11H is the third of the companion
items. This is a recommendation to award Request for Professional
Services No. 21-7914, "Verification Testing Services for Vanderbilt
Beach Road Extension," to Johnson Engineering, Inc., in the total
amount of $1,812,089, and authorize the Chairman to sign the
attached agreement.
July 12, 2022
Page 114
Mr. Jay Ahmad, your Transportation Management Services
Engineering Director, will present or answer questions.
MR. AHMAD: Good afternoon. Jay Ahmad, for the record.
I'm happy to answer the questions, or I can go through a
presentation that I have.
COMMISSIONER SOLIS: I'll move for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: Any other discussion?
(No response.)
CHAIRMAN McDANIEL: There is no other discussion.
With that, it's been moved and seconded that we accept the
recommendation as presented. All those in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: (No verbal response.)
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: I think he said aye. Was that you,
Commissioner Saunders?
COMMISSIONER SAUNDERS: Yes. I did say "aye."
CHAIRMAN McDANIEL: Okay. All opposed, same sign,
same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Unanimous. Thank
you, Commissioner Saunders.
And that was a great presentation, Jay.
MR. AHMAD: Next one is better.
CHAIRMAN McDANIEL: Okay.
MS. PATTERSON: Commissioners.
CHAIRMAN McDANIEL: He's calling it already.
July 12, 2022
Page 115
Item #11I
AWARD REQUEST FOR PROFESSIONAL SERVICES (RPS) NO.
21-7901, “PROFESSIONAL DESIGN AND RELATED SERVICES
FOR IMMOKALEE ROAD AT RANDALL BOULEVARD
INTERSECTION IMPROVEMENTS,” TO HNTB
CORPORATION, IN THE AMOUNT OF $1,331,420.23, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT (PROJECT NUMBER 60147) (COMPANION ITEM
TO #11J) - MOTION BY COMMISSIONER SOLIS TO APPROVE,
SECOND BY COMMISSIONER TAYLOR – APPROVED
MS. PATTERSON: The next two, Items 11I and 11J, are also
companion items. The first, 11I, is a recommendation to award
Request for Professional Services No. 21-7901, "Professional Design
and Related Services for Immokalee Road at Randall Boulevard
Intersection Improvements," to HNTB Corporation in the amount of
$1,331,420.23; and authorize the Chairman to sign the attached
agreement.
Mr. Jay Ahmad, your director of Transportation Engineering,
will present.
MR. AHMAD: Good afternoon, again. This is Jay Ahmad.
COMMISSIONER SOLIS: Move for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded.
And I do have a question. This called for a two-phase process. Is
this award today including the second phase?
MR. AHMAD: Thank you, Mr. Chairman.
The first phase is the intersection layout, and it will include a
study of the future bridge. It does not include the design of Phase 2.
It includes -- so we don't have throwaway. We design the
July 12, 2022
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intersection with the bridge piers and all these -- just like we did for
U.S. 41 and Collier. If you see these green spaces, that is also, in the
future, going to be an overpass.
CHAIRMAN McDANIEL: And those design contracts and
things will come back to us at a later date?
MR. AHMAD: Correct.
CHAIRMAN McDANIEL: Right now what we're doing is
appropriating the money for the intersection improvements at Randall
and Immokalee?
MR. AHMAD: Correct.
CHAIRMAN McDANIEL: Okay. That's the only question I
had. It's been moved and seconded. Any further discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #11J
AWARD AGREEMENT NO. 21-7930, FOR “CEI SERVICES FOR
IMMOKALEE ROAD AT RANDALL BOULEVARD
INTERSECTION IMPROVEMENTS,” TO JOHNSON
ENGINEERING, INC., FOR A TOTAL NOT TO EXCEED THE
AMOUNT OF $742,991, AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT AND AUTHORIZE THE
July 12, 2022
Page 117
NECESSARY BUDGET AMENDMENTS (PROJECT NO. 60147,
GAS TAXES AND SURTAX) (COMPANION ITEM TO #11I) –
MOTION BY COMMISSIONER SOLIS TO APPROVE, SECOND
BY COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: Item 11J is a recommendation to award
Agreement No. 21-7930 for "CEI Services for Immokalee Road at
Randall Boulevard Intersection Improvements" to Johnson
Engineering, Inc., for a total not to exceed the amount of $742,991 ;
and authorize the Chairman to sign the agreement and authorize the
necessary budget amendments.
Mr. Jay Ahmad will present again, or answer questions.
MR. AHMAD: Good afternoon. Jay Ahmad again. I'm here
to present or answer questions.
COMMISSIONER SOLIS: Motion to approve.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER TAYLOR: Second. We have a different
second.
CHAIRMAN McDANIEL: I have a different second on this
one, just so we know we're all in consensus.
It's been moved and seconded that we approve as is being
presented. Is there any other discussion?
MR. AHMAD: Thank you.
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
July 12, 2022
Page 118
CHAIRMAN McDANIEL: So moved.
And you were correct, those were better presentations than the
first.
MR. AHMAD: Thank you.
COMMISSIONER LoCASTRO: Jay, you know, one of the
things I'll just add, you know, for people that are in the audience that
think we're just sort of rubber stamping these things, these slides that
you provide ahead of time with the amount of detail that's on here
that we all dig into well before this meeting are very helpful. So I
just commend you for that. Sometimes we don't get all that detail, or
sometimes we do say, yeah, go through the presentation.
So I know it's you and your staff. I mean, your name's on the
slide, but, you know, they're very helpful to me, and that's why we
don't have a lot of questions, because you anticipate, you know, what
we're asking on here, and you know that these are big projects, so it
just can't have two or three bullets.
And I'll second that by throwing some praise to our County
Manager and Deputy. When you spend time to hit all of us up the
day prior to this meeting -- I mean, we're all in this building all day
yesterday -- the deep dive that's being done is so valuable. So, you
know, just continue that work.
The only thing I'll just say as an aside, I had a valuable
conversation with our Clerk of Courts, and she brings up something
that I definitely agree with, and it's just something to keep an eye on.
Some of these design costs, you know, when it's 25 percent of the
overall, you know, total -- I'm not saying that's out of line, but it's a
matter of, you know -- and you've got some things broken down in
here that explain that. And some of that is the cost of doing business
right now. And there's other hidden costs in there, so I'm not
questioning them. But the identification of, you know, let's make
sure that, you know, we're sharpening our pencil and these
July 12, 2022
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contractors aren't making fools out of us, because a lot of times, you
know, there's a lot of cost in that design. And if it warrants it, great.
If it seems excessive, I would expect you'd flag it quickly. So, you
know, continue to work with our Clerk, with the County Manager to
make sure that, you know, we don't just say yes to a contractor and,
you know, that's where all the frosting is for that particular
contractor.
MR. AHMAD: Thank you, Commissioner. And Crystal was
kind enough to share with us some of these concerns. I can tell
you --
COMMISSIONER LoCASTRO: Oh, she doesn't share it
kindly, right? Kindly? I mean that in a complimentary way.
MR. AHMAD: We actually love her. So the -- you seldom
see a CEI and a design at the same time.
COMMISSIONER LoCASTRO: Right.
MR. AHMAD: These are actually two contracts. The CEI, as
you can see, is 742-, is less than 10 percent of the construction costs.
FDOT, for example, says 12 to, like, 20 percent is a normal -- this is
negotiated lower than we normally would.
COMMISSIONER LoCASTRO: Okay.
MR. AHMAD: So the CEI was hired here so they can be a peer
reviewer to the design professional. A peer reviewer -- because we
have a bridge, we want to make sure that those components are
addressed early on, and we wouldn't come back again for CEI work
for inspection. This will cover it all the way to the end. So we have
a contract to do peer review as well as CEI in addition to a design
contract, which we approved earlier, with HNTB.
COMMISSIONER LoCASTRO: Understood. Thank you.
MR. AHMAD: These are within range, I can assure you.
COMMISSIONER LoCASTRO: Thank you, sir.
CHAIRMAN McDANIEL: You know, you brought up a good
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point, Commissioner LoCastro. And that is, you know, it may seem
like we're making light of these monstrous contracts, and we're not
making light of them by any stretch of the imagination. It's just
we've all done the work on the front end and don't require a huge -- a
huge explanation by the time we get here. We've done all that
front-end work in advance, and it's due largely to our staff coming to
us, meeting with us, answering our questions and emails, and even
from constituent folks that send us emails and ask questions.
So, again, thank you.
COMMISSIONER SOLIS: And, Mr. Chairman, I was just
going to add as well that a lot of work goes into these. And I agree
with Commissioner LoCastro that the executive summaries and the
backup that we get is -- I mean, it's as thorough as it can be. And
one of the things I noticed in, I think, three of these staff negotiated
down the original proposal. I mean, on I, there were -- it's almost a
half a million dollars that you negotiated it down.
MR. AHMAD: Yes.
COMMISSIONER SOLIS: So for everyone out there, our staff
takes this very, very seriously and works really hard, because they
understand that it's taxpayer money. So if you loo k at the executive
summaries, there's always -- there's usually some negotiation down
from what -- the original price. And I'm assuming you do that by
really digging into the design, where can there be savings, and kind
of a -- in the design of what's going to be constructed, so...
MR. AHMAD: Absolutely. And some of the time it takes to
bring these items to you is because of negotiating.
COMMISSIONER SOLIS: Correct.
MR. AHMAD: An example is this Pine Ridge Road. It took
us seven negotiation sessions to come to an agreement.
COMMISSIONER SOLIS: Right.
MR. AHMAD: We're just not going to accept what -- you
July 12, 2022
Page 121
know, we know how much these things cost, and, you know, we have
experience to do that. So we are very conscious of taxpayers' money
and making sure that we address that.
COMMISSIONER SOLIS: Thank you for that.
CHAIRMAN McDANIEL: Okay.
Item #11K
AGREEMENT NUMBER 21-7831, PROFESSIONAL
ENGINEERING DESIGN SERVICES FOR “PINE RIDGE ROAD
CORRIDOR IMPROVEMENTS,” WITH JACOBS ENGINEERING
GROUP, INC., WHICH INCLUDES A POSSIBLE TWO-PHASE
DESIGN CONSISTING OF PHASE 1 IN THE AMOUNT OF
$2,622,681 FOR A DESIGN-BUILD DELIVERY ONLY, AND
PHASE 2 TO PROCEED FROM THE PHASE 1 DESIGN PLANS
TO FINAL BIDDABLE DESIGN PLANS FOR AN ADDITIONAL
AMOUNT OF $2,371,811, FOR A POTENTIAL TOTAL PROJECT
COST (IF BOTH PHASES PROCEED) OF $4,994,492, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT AND APPROVE ALL NECESSARY BUDGET
AMENDMENTS (PROJECT #60201) - MOTION BY
COMMISSIONER SOLIS TO APPROVE, SECOND BY
COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: Item 11K is a recommendation to approve
Agreement No. 21-7831, Professional Engineering Design Services
for "Pine Ridge Road Corridor Improvements" with Jacobs
Engineering Group, Inc., which includes a possible two-phase design
consisting of Phase 1 in the amount of $2,622,681 for a design -build
delivery only, and Phase 2 to proceed from the Phase 1 design plans
to final biddable design plans for an additional amount of $2,371,811
July 12, 2022
Page 122
for a potential total project cost if both phases proceed of $4,994,482;
and authorize the Chairman to sign the attached agreement and
approve all necessary budget amendments. Again, Mr. Jay Ahmad
will present or answer questions.
MR. AHMAD: Good afternoon. Once again, Jay Ahmad.
I'm here to present or answer any questions that you may have.
COMMISSIONER SOLIS: Motion to approve.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve as is being recommended. Is there any other discussion?
COMMISSIONER TAYLOR: Just not to -- not to belabor it,
but I wonder if we could just do a quick overview of what this
project's about for Pine Ridge just so we keep this in the eye of the
public, please.
MR. AHMAD: Okay. I can go through -- do you want me to
go through the presentation or just an --
COMMISSIONER TAYLOR: An overview with some --
MR. AHMAD: Well, this project is -- as you may have
recalled, a planning study was done by Stantec, a consultant that was
hired by our folks in Planning and was approved by this board for
the -- to mitigate the congestion on Pine Ridge Road from Livingston
to I-75. That report identified mitigation measures such as the
continuous-flow intersection that's being proposed for this
Livingston, Pine Ridge, and as well as the I-75 what we call the DDI,
the divergent diamond interchange, and those recommendations now
are going to be implemented. We've negotiated with a consultant to
design from a planning conceptual phase to take it to a design. And
the thought we have it is in two phases. The first phase, because we
got the grant in 2025 from the Florida Department of Transportation
for 5.4-, is to take that first phase, design it to 60 percent, and come
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up with a plan to go to a design-build process.
And the design-build will take, what FDOT is currently doing,
which is what they call the project development and environmental.
They're doing a 30 percent for the interchange itself, with the DDI.
We combine them with our plans of 60 percent, and we go out with a
design bid process. That's Phase 1.
But if our permits become -- just like we've experienced lately,
if the prices continue to be higher, if we were able to extend a grant
in the future or if right-of-way becomes a -- you know, it's -- those
are unknowns. We have negotiated with the same consultant to take
the project to a final completion, which is a design bid build. You
finish the plans, the specifications, the right-of-way, get the permits,
similar to what we've done on Vanderbilt Drive Road, and we send it
out to bid. We get a low bidder, hopefully responsive and
responsible, and we award.
So our first phase is essentially doing a design-build, taking
advantage of the grant. If that option becomes at that stage a
difficult option, we continue the design to completion.
COMMISSIONER TAYLOR: Right. Thank you very much.
MR. AHMAD: You're welcome.
CHAIRMAN McDANIEL: And if I recall, this is the requisite
road improvements that we need on Pine Ridge Road to manage the
traffic that ultimately will come with the interchange improvements
that are, in fact, forthcoming with our partnership with the state.
MR. AHMAD: Correct.
COMMISSIONER TAYLOR: I wonder if this is going to be
the curriculum for driver's ed for Collier County.
CHAIRMAN McDANIEL: Do we even have -- oh, we're not
going to go there.
COMMISSIONER TAYLOR: Divergent diamond.
CHAIRMAN McDANIEL: All right. We're going to -- we're
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going to not respond to that comment, and we're going to call for the
vote. It's been moved and seconded that we accept the
presentation -- or accept the item as presented.
COMMISSIONER TAYLOR: So moved.
CHAIRMAN McDANIEL: It's been moved and seconded
already. You're the one that went into the questions, so...
COMMISSIONER TAYLOR: I beg your pardon.
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #11L
AGREEMENT NO. 22-7944, “PROFESSIONAL DESIGN &
RELATED SERVICES FOR 16TH STREET NE BRIDGE,” TO
KISINGER CAMPO & ASSOCIATES, CORP., IN THE AMOUNT
OF $1,374,255.68, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT (PROJECT NO. 60212) –
MOTION TO APPROVE BY COMMISSIONER MCDANIEL,
SECOND BY COMMISSIONER TAYLOR – APPROVED
MS. PATTERSON: One more time for Jay. This is 11I -- no,
L. 11L, recommendation to approve Agreement No. 22-7944,
"Professional Design & Related Services for 16th Street Northeast
Bridge," to Kisinger Campo & Associates Corporation in the amount
July 12, 2022
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of $1,374,255.68; and authorize the Chairman to sign the attached
agreement.
Jay will present again.
MR. AHMAD: Good afternoon. Jay Ahmad, again, for the
record. I'm here to present or answer any questions.
CHAIRMAN McDANIEL: I'll move for approval.
COMMISSIONER TAYLOR: Second.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded.
And as a comment, I want to say that as a portion of this description,
the intersection improvements at both ends of 16th are going to be
completed in advance of the bridge opening. Because we had to go
back after the fact and put a light in for the debacle up at 8th and
Randall after that bridge improvement was put in. So here we're
actually taking care of those intersection improvements in advance of
the construction, so...
MR. AHMAD: We'll have to do some tweaking with a
permanent signal as part of this project at the same intersections as
you mentioned.
CHAIRMAN McDANIEL: I understand. But that's
something that we made sure of is it's part of this entire project. So
with that it's been moved and seconded. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
July 12, 2022
Page 126
CHAIRMAN McDANIEL: So moved.
MR. AHMAD: Thank you so much. You have a good day.
CHAIRMAN McDANIEL: Absolutely. Thank you, sir.
Item #11M
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) - MOTION BY COMMISSIONER
SAUNDERS TO ACCEPT STAFF’S RECOMMENDATIONS,
SECOND BY COMMISSIONER TAYLOR – APPROVED
MS. PATTERSON: Item 11M was continued from the
June 28th, 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.
Ms. Lorraine Lantz, principal planner in the Capital Project
Planning Group, will present.
MS. LANTZ: Good afternoon. Lorraine Lantz,
Transportation Planning.
I am here with our consultant from Jacobs Engineering to do a
brief presentation. Although I don't know if the flavor is to just
move forward with questions. Just putting that out th ere.
COMMISSIONER SAUNDERS: Mr. Chairman, I'd like to
hear the presentation.
CHAIRMAN McDANIEL: Yeah, I'd like to hear the
presentation -- just a brief -- if you could -- I mean, because we've all
been briefed on it. I was one of the reasons why we continued this
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item to today. And I thank you for taking time to meet with me, but
I'd like to see the presentation and, ultimately, your
recommendations.
MS. LANTZ: Well, thank you. Then I would like to introduce
a member of our team, Bill -- excuse me.
CHAIRMAN McDANIEL: That's me. I'm Bill McDaniel.
MS. LANTZ: Bill Gramer. So sorry -- Bill Gramer from
Jacobs Engineering who was the engineer for our planning study as
well as he's the engineer for the design on Collier Boulevard Phase 3.
So thank you.
MR. GRAMER: We're good. Thank you. Good afternoon.
Again, for the record, Bill Gramer, Jacobs Engineering.
Okay. We're just going to go over -- brief, brilliant. Got
it -- project overview, the purpose and need, talk briefly over the
alternatives, and then provide our recommended alternative on what
the next steps forward would be.
So for a project overview, the existing bridge at 25th Avenue
needs to be removed as part of the widening of Collier Boulevard
Phase 3 in this section of roadway. And so what the study did is
evaluated four potential bridge locations for that bridge replacement.
One's at 29th, one at 27th, one at 25th, and one at Golden Gate
Parkway.
As typically done during a study, we also looked at the
capabilities of doing the no-build option by not replacing the bridge,
and we'll talk about that as we move forward.
So the purpose and need of the project, so we could just get the
no-build out of the way, is the first and foremost, maintain fire and
EMS response time is one of the critical factors we need to take into
consideration as we looked at different locations. And the second
one was to accommodate the existing and future traffic demands on
the area east of Collier Boulevard. In addition to that, the new
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bridge, wherever it's located, is going to need to handle multimobility
options, such as bicycle and pedestrian.
So the new bridge is required. Fire and EMS response time, as
you can see here, the existing response time typically comes out of
Station 70. And for a location such as this, if we did not replace the
bridge, you'd be looking at increasing response times by about 50 to
75 percent, and the time associated with that or the distance
associated with that would increase from about 2.8 miles to about
5 miles which, for something like this and for the importance of it, it's
really an unacceptable change. And if Fire Station 72 was to
respond to something in this area, they'd also be assuming the same
kind of response delays by having to travel the additional 1.1 miles to
the north of Green Boulevard and then back south again to where our
bridge would be located.
From a traffic standpoint, the existing bridges at Green and 25th
handle about 4,000 vehicles a day, and so we looked at the possibility
of eliminating the bridge and allowing the Green Boulevard bridge to
handle the entire load, which pretty much doubles the amount of
traffic that would be at Green Boulevard.
As you can see here, the Green Boulevard bridge has a very
narrow storage area where cars can stack up. And so by doubling
the amount of traffic at that location, it just really wasn't an
acceptable solution.
You could see here some of the issues associated out there at
Green Boulevard, as we see today with cars jockeying for a position
in the limited storage area as well as, you know, pretty much backing
up traffic on 39th Street while they are trying to attempt to get into
the lanes that they need to. So t he no-build option wasn't deemed a
feasible solution. Sorry about that.
Here's -- just to reference the multimodal, you can see here what
a current bicyclist needs to do to cross Collier Boulevard at this
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location as opposed to going up to Green Boulevard. And
they -- instead of crossing at a light, they just go across the road,
which is an unsafe condition, obviously.
And then the same thing with pedestrians walking across. You
could see the pedestrian here. They just wait for gaps in traffic and
walk across, which is definitely an unsafe condition, which we'll take
into consideration as we do design.
So the first alternative, we looked at 27th Avenue Southwest,
which is the furthest southernmost one. It would have -- with no
signals, the intersection would have a typical right-in/right-out, which
you can see in the upper right corner of this presentation, as well as a
southbound left-in to the location.
While -- this location is a feasible location; however, some of
the limitations: It's the furthest south, so you really don't get the
distribution of traffic that you'd be looking for; it requires an
additional southbound turn lane at 27th for the people coming off of
Golden Gate Parkway; and it also requires an additional 2,090 feet of
canal relocation.
Now, one of the things I'd like to point out with the canal is this
project, as initially designed, relocated about 7,000 feet of canal.
When the county purchased the golf course on the west-hand side of
the road, we eliminated the need to relocate about 3,200 feet, plus or
minus, of canal, and this solution actually reduces that by about 1,300
feet. This is the only solution out of all of them that reduces it. The
others, it's either status quo or actually gets better. So that was a
negative associated with the project.
So we looked at 27th Avenue Southwest, and you have the same
situation in the upper right-hand corner where you have
right-in/right-out, a left-in. And this, if you'd notice in the picture, is
also exactly opposite of the proposed golf entertainment facility on
the west-hand side of the road.
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Again, it's a feasible solution. Some of the limitations: It does
require, you know, southbound U-turn and the northbound U-turn for
the traffic coming out of 27th and for also the traffic that would be
coming out of the golf facility or traveling southbound from Golden
Gate Parkway.
It requires 770 feet of canal relocation; that's compared to
Golden Gate Parkway. But the original agreement that was made for
the purchase of the golf assumed that this would be the location or
better than this. So there's really no delta -- delta difference in that
agreement.
The third location was putting it back at 25th Avenue
Southwest, which, for those of you who have been out there, it's very
congested as it is. It's located too close to the intersection, and you
end up with situations that you see here with the southbound traffic
coming out of Golden Gate Parkway wanting to make the left, and
then the northbound traffic wanting to go -- continuing to go north on
Collier Boulevard or go across the two lanes and go to Golden Gate
Parkway.
The fourth alternative was Golden Gate Parkway itself, which at
first glance would seem like the best alternative. There is already a
signal there. I get it; however, the increase -- Golden Gate Parkway,
for those of you who know, is already a deficient roadway. It's
experienced some volume issues, and it's a constrained roadway. So
we can't expand that roadway to a six-lane facility. So the last thing
we want to do is actually put more traffic on that facility.
And by changing the intersection to a four-legged intersection
like this, you increase the delay at the intersection by about
65 percent which, for an intersection that already has some issues,
you definitely don't want to be doing that. In addition to that, it also
tends to load more traffic onto Golden Gate Parkway which, as I
previously mentioned, is already scheduled to be deficient in 2028.
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So the last thing we want to do is, you know, make that situation any
worse.
It results in a shortest bridge length for the vehicle traffic. It
ends up with a storage lane similar to what you see at Golden
Gate -- Green Boulevard, which, as you can see here in these slides,
only allows for about two lanes of traffic, two cars of traffic to stack
in each lane.
As part of the project, we did a pretty significant public
involvement campaign where we talked to many members of the
public. We were out there on social media with a great deal
of -- you know, between Twitter and Facebook and public meetings
as well as the email blasts we sent out to Golden Gate Estates. Then
we had a public meeting on April 6th. So the public meeting was
very well attended. We had about 90 people signed up, and 71 of
them provided comments either -- written comments in addition to
the comments that were made at the meeting itself.
So the results of the public meeting, it was unanimous in favor
of we need a bridge. So the no-build option really wasn't supported
by the majority if not almost everybody there. But the
overwhelming public request was for a signalized intersection just
because of the issues that they have out there associated with what's
going on at 25th now.
You know, based the logical assumption, Golden Gate Parkway
looked like a great place to put it; however, when we offered the
option of, you know, what if we put a signal at 27th or 29th, would
you consider that? That approval rating kind of cut itself in half and
was like, yeah, as long as we get a signal, we're good with it.
And 60 percent of the residents, which is interesting, would be
encouraged to walk or bike to businesses on the west side of Collier
Boulevard if we provided a bridge at these locations.
One thing I did want to mention is some of the attendees had a
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concern about would this roadway ever be extended out to the east
and connect up to what would be the future, you know, Benfield or
Wilson extension. And so a few weeks later, on the 27th of June,
there was a public meeting held, and you could see here on the
right-hand side, the three alternatives that were proposed as potential
corridor connections, and all them tied south to City Gate North or
White Boulevard or some combination of the two.
So to alleviate some of the public concern out there, we just
wanted to point this out that, you know, the intention is not to
connect 27th East to a future extension of Wilson Boulevard.
So as a result of this, we worked with the Transportation
Planning and traffic departments and came up with Alternative 2B,
which is 27th Avenue but with a signal. What it does, it provides
full access, obviously, for everybody coming off of 39th as well as
for the folks on the west-hand side of the road coming out of the golf
entertainment facility. So you kind of kill two birds with one stone
with that. It provides crosswalks for bicyclists and pedestrians, so
everybody's crossing in a safe and efficient manner.
It provides that maximum amount of vehicle storage -- it pretty
much doubles what's out there on Green Boulevard right now -- and
eliminates the need for two additional U-turn locations on Collier
Boulevard.
So the only limitation it has is, yes, there is a requirement for a
second signal about 1,700 feet south of Golden Gate Parkway, but
when we looked at what the effects would be, it's minimal effects on
the overall operations of the intersections, both intersections. And it
does require 770 feet of canal relocation compared to the Golden
Gate Parkway's one. But it's still at the limit of what was in the
original agreement that was discussed before.
So you can see here the matrix of how all the different
alternatives compared and, you know, while it's not the cheapest
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alternative from a construction-cost standpoint, it sure checks the rest
of the boxes pretty convincingly that it's a good alternative.
And one other thing I'd like to point out is the cost associated
here was already incorporated into the budgets for the Collier 3
project. We didn't know where the bridge was going to go, but we
knew there was going to be a bridge somewhere along there, and so
it's not going to be funds additionally needed to what was in the
original Collier Boulevard 3 project.
So today our recommended alternative is 27B, 27th Avenue with
a signal pretty much as shown here, get the maximum benefit for the
location, and it satisfies project, purpose, and need.
The next step is, per direction of the Board, would be
incorporating into the design and permitting of Collier Boulevard.
Anticipate construction -- design and permitting completion's going
to be late 2023, and the construction's anticipated to be early 2024.
That's the end of the presentation.
CHAIRMAN McDANIEL: I have one quick question, because
nobody else is lit up, and it has to do with the canal reloca tion that
you're talking about. And I forgot to ask this when we met before.
I don't know that it actually came up during that discussion. Why
are we contemplating even messing with this canal and not just
shifting the Parkway over totally onto -- the expansion of the
Parkway over onto the golf course property?
MR. GRAMER: Well, it was -- at the intersection itself, you've
got the gas station on the one corner, and you've got a usable property
on the southwest corner. So the northwest corner is the gas station.
The southwest corner is property that's going to be utilized for other
things.
And so to shift the entire roadway alignment over to avoid any
kind of canal relocation would have considerable impacts of buying
those properties, as well as probably one, one-and-a-half more of the
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properties north of the intersection.
CHAIRMAN McDANIEL: Which gas station? You're talking
about north of the Golden Gate Parkway?
MR. GRAMER: The northwest corner at Golden Gate
Parkway, yes.
CHAIRMAN McDANIEL: No. But south, we don't own any
of that land. I'm talking about that -- we're south of Golden Gate
Parkway here, and --
MR. GRAMER: Yeah. If you pushed it over south, you could
fit it without hitting anything else. But I can't -- you'd have to
actually adjust the alignment as to have time to shift back over to the
east. Eventually you're going to get into the section that has the
canal.
CHAIRMAN McDANIEL: So the cost benefit is better to
relocate the canal than it is to, say, shift the road from a cost
standpoint?
MR. GRAMER: It's considerably better, yes.
CHAIRMAN McDANIEL: That was my only question.
There is some public comment here before we -- anybody else?
Commissioner Saunders?
COMMISSIONER SAUNDERS: No. I like the staff
recommendation but before -- prior to making a motion, I'd like to
hear from the public.
CHAIRMAN McDANIEL: Yes, as would I. So with that,
Troy, let's --
MR. MILLER: I only have the one registered speaker, John
Mincieli.
CHAIRMAN McDANIEL: Dutifully and patiently been
waiting all day.
MR. MINCIELI: Woke up early for this. Even took a shower.
CHAIRMAN McDANIEL: Well, good. It's not even
July 12, 2022
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Saturday.
MR. MINCIELI: Anyway, I just -- I want to say thank you to
the rest of you, Mr. Ahmad and Mrs. --
MS. LANTZ: Lantz.
MR. MINCIELI: Sorry. Yes.
CHAIRMAN McDANIEL: Ms. Lantz.
MR. MINCIELI: Very professional when I went down to their
office and talked to them, very helpful, very courteous, and very
informative; however, I totally disagree with the findings of this
recommendation.
Lifelong resident of Collier County. Been in business, a
general contractor for over 30 years. I have over -- I have four
trailers, a boat, three motorcycles, two trucks. I drive these roads
every day. I'm a critical thinker. I sit at these intersections. I
know which light's going to go next, and I'm like, why didn't they put
this here, why didn't they -- I'm constantly -- I understand logistics.
I'm a general contractor.
I live on 27th Avenue. Their recomme ndations would probably
physically help me better personally; however, it is against the
recommendation and what all the people out there want. I have not
talked to one person that is in disagreement with we want Golden
Gate Parkway extended over to 39th, no questions asked. We are
tired of the little jot that we have to do. We're going to have to do
another jot. You have X amount of people on Golden Gate Parkway
that need to get to 39th, you have X amount of people on 39th that
need to get over to Golden Gate Parkway, and you have X amount of
people that are going to disperse themselves north and south on
County Road 951.
Those numbers do not change. I don't care where you put a
light, where you put an intersection, where you put a bridge. Those
number, the people that live out there -- and there's more and more
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people still coming -- those numbers do not change. They do not
decrease. They will only increase. We -- everybody admires the
intersection at Green Boulevard. We wish that's what you would do
and -- why you haven't done it yet at Golden Gate Parkway.
First of all, bits of information that they're presenting to you, I
think are in askew to get things -- like I said, when that golf course
property was purchased originally, they already thought about putting
an intersection there because that's where their entry's going to be, a
nice, beautiful thing. That's not what the people want. We -- we
want to be able to drive our own road and get across where we live.
We're not trying to fight the development. We're not trying to fight
that they need access in and out of their development. We do not
want a second traffic light there.
First of all, the intersection that's there, if we say -- if you
increase or build a bridge across, I was told, okay, now you have to
add another leg to the traffic light. That's 25 percent. I don't know
where they're coming up with 65 percent delay.
Anyway, then they say, we want to do a bridge down here -- we
don't have the time. It's going to create a delay here. Now we don't
want to put a bridge here with another intersection you're adding four
more legs to. Now, tell me what that does to the time of getting
from Golden Gate Parkway to 39th -- 39th. It increases. It's going
to increase -- the best way is for us to be able to go across.
Bicyclists there -- bicyclists are not going across 27th because they
want to get to the golf course.
CHAIRMAN McDANIEL: You go on ahead and go. Your
three minutes are up, but you continue.
MR. MINCIELI: Okay. Well, what I was going to say, the
bicyclers are not going across because they want to go to the golf
course. They want to get to Golden Gate Parkway. That's where
we want the crosswalk for the pedestrians, for the bicyclists, for the
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people.
I can't go on this about -- but I'm telling you that it was roughly
85 percent of the people that showed up were all about Golden Gate
Parkway being extended across. Then that information got askewed
by saying, well, if you had to have a separate bridge, where do you
want it? Now they're using that information to steer it to where we
get this second traffic light and an intersection. We don't want that.
Nobody out there that lives in that area -- we don't want another
intersection. We want you just to fix the one that you have.
Nothing more that I have to say to that.
Thank you.
CHAIRMAN McDANIEL: Thank you, sir.
Bring up the slide, if you would, please, with regard to the
public comment section. Yeah, this one here. Because what -- I
mean, what John was saying ma kes some sense to me with
regard -- and I know. I had a separate meeting with them, I mean,
multiple separate meetings with them that I went down there that I
went and talked with.
So I'm wondering how we came up with -- other than facilitating
an access into the golf course property -- and I know that there's
going to be an increase in traffic and such there -- how we came up
with an increase in delay by moving -- because we're all done with
the bridge at 25th. That part's not even on the table as far as that
goes. But how we came up with an increase in the traffic delay by
moving the bridge up to the Parkway.
MR. GRAMER: Okay. What happens is the existing
three-legged intersection that's out there now turns to a four-legged
intersection. And so what you have is traffic. You basically have
to give green time to the traffic that's heading from the east heading
to west, both making left-hand turns going straight onto Golden Gate
Parkway. What that does, it adds time to the intersection.
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So if the intersection was, you know, working at 150-second
signal cycle, all of a sudden you have to take that green time from
somewhere. So what you do is you take 20, 25 seconds of that, and
you give it to the east-side leg. What that does is it reduces the
green time in the north/south and traffic from the west movements.
It has to come from somewhere. So you're taking away from that.
So what basically happens is everybody at the intersection has to
delay. So from -- if you just look at it from a logical standpoint,
yeah, it would be great, you already have a signal there, but when you
look at it from a technical standpoint and actually run traffic
simulations on it, you realize you do not want the intersection there.
In addition to that, the 40-foot stacking distance at the bridge itself,
you experience what happens at Green Boulevard where you really
don't have sufficient stacking distance in there for the amount of
traffic. And with the growth that we're experiencing --
CHAIRMAN McDANIEL: Exactly. I mean, that was the
conversation you and I had, because I was -- I was the no-build guy.
I was, take the bridge out in its entirety. We've already got the
bridge to nowhere up at Green. That's what we all -- that's what we
all call it; it's the bridge to nowhere at Green. And you had shared
with me that the additional expenses associated with the stacking
expansion that would be requisite there weren't cost effective. And
that's the reason that you're recommending this bridge down here on
27th.
MR. MINCIELI: But it's the same stacking.
CHAIRMAN McDANIEL: Yeah. I --
MR. GRAMER: The signals work in sync, right. So the
signal at Golden Gate Parkway and the signal at 27th will work
together. So it's not you're going to go through a signal and then you
have to stop again for another signal.
CHAIRMAN McDANIEL: Well -- and that's where, again,
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we're not traffic guys. We're just people that drive our roads all day
every day, and this is where it's -- the signals are synchronized. The
signals are tipped by traffic that's showing up coming from one
direction or another, at least that's my understanding. For and until
an emergency vehicle goes through, our signals operate based upon
the traffic flow that has shown up to -- that needs to go somewhere.
And that's where I'm having trouble understanding the rationale of it
being better down at 27th with an additional light on a six-lane road
as opposed to just better managing the intersection that's, in fact,
already there.
MR. GRAMER: Yeah. The existing intersection with the
constraints on Golden Gate Parkway itself, as well as with the
footprint of the actual intersection, is what really the problem is.
And you don't want to exacerbate it any further by adding a fourth leg
to that.
So with the two signals working together, it's not going to be
you have to stop at the one signal, then you're going to go a little bit
further south and you have to stop at that signal. That's not how they
work. They kind of fire off together, and so everybody does their
movements, and then they both turn green. Like on Immokalee
Road when you get to I-75, you can tell the locals from the tourists --
CHAIRMAN McDANIEL: Don't use that as an example.
MR. GRAMER: Oh. Well, the one green light turns on the
one side of the -- it would change, and by the time you get to the
other side, the other green light turns. And so you're never stopping.
It's just a continuing flow that way.
CHAIRMAN McDANIEL: Are there any other questions?
(No response.)
CHAIRMAN McDANIEL: Discussions?
Commissioner Saunders, I don't want to -- you can't light up.
Do you have any comments you'd like to make?
July 12, 2022
Page 140
COMMISSIONER SAUNDERS: Yeah, I think the only
comment I would make is, I agree with one thing you said,
Commissioner McDaniel. We're not -- the five of us are not traffic
engineers. And at some point we have to -- we have to rely on both
our staff and the professional traffic engineers that we retain.
You know, at first blush it sounds like the bridge at Golden Gate
Parkway crossing there would make a whole lot of sense, but that's
just my gut reaction having driven that many times. I'm going to
have to go along with staff recommendation and professional
engineer recommendation is, and I'm going to support the staff
recommendation for the bridge at 27th based on all of the information
that was presented this morning. I understand that that's probably
going to make some folks unhappy, but I can't make everybody
happy on every decision.
So I'll make a motion to accept the staff recommendation.
COMMISSIONER TAYLOR: Second.
COMMISSIONER LoCASTRO: Can I make a comment?
CHAIRMAN McDANIEL: I'll get to you. It's just -- it's been
moved and seconded, and now we're going to go into comment.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Sometimes the best traffic
engineer is the person who owns two trucks, three motorcycles, and
four trailers and is a contractor in the area and an actual customer on
the road. I'm not doubting what our engineers have said. I would
just ask, you know, especially since I'm really impressed that you've
sat here all morning. I was wondering about what you were
commenting on. But your points are valid to me. I don't know that
area as well as you do.
MR. MINCIELI: I do.
COMMISSIONER LoCASTRO: But you do. So what I
would just ask our team is, can you comment in a very simplistic
July 12, 2022
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way, you know, that we can all understand as to why his
comments -- I don't want to say why they don't have merit. I'm not
trying to get you guys to be adversarial. But he brought up some
points that I haven't heard the answers to or at the rebuttal. And so
can you comment on some of the things he was saying as to the good
points of what you're suggesting here but also his comments as to
why it's -- why he doesn't believe it's the best -- and I believe he's
representing a large -- I do believe you're representing a large group
of people that traverse those roads a lot. And not to say our
engineers didn't do their homework correctly, but I would just like to
hear the rebuttal or -- and I realize a lot of time there's never one
correct answer. If we do it this way, then all of a sudden it creates
other issues, you know, three blocks down the road or something like
that. But, in laymen's terms, could you address exactly what -- you
know, what this resident has stated he's concerned about?
MR. GRAMER: Okay. So -- yes, I can. So first of all we are
in aggreance that it would be nice to get in and out at a signaled
location, correct?
MR. MINCIELI: Yep.
MR. GRAMER: Check, okay.
So with having trailers and larger vehicles and pulling, you
know, tractors and things like that or RVs or whatever, the amo unt of
space, limited space that you have at the intersection, as you can kind
of see here, this is what's going on at Green Boulevard, you can fit
realistically two cars or one car and a trailer, some version of that.
So it's restricted, okay.
So the idea of, you know, not having any bridge and letting
everybody come in and out of Green Boulevard isn't an option. That
was -- that's pretty much off the table. If for anything but response
time, but when you add the traffic into it, it becomes a nonfeasib le,
doesn't meet project in need, and just something that you do not want
July 12, 2022
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to do.
So at Golden Gate Parkway, you have the same restricted area in
there. We can't do anything about the distance. It is what it is,
unless you want to start taking, you know, numerous homes on the
east side of 39th Street, which you would never do for something like
this. So you're in a restricted area. So it doesn't meet that need of
the additional length.
Now, in terms of having two signals in a row, as I mentioned
previously, they function together, and so you're not experiencing
additional delays because of the second signal, whereas, opposed to
putting more traffic in a fourth leg at Golden Gate Parkway, which
you would experience considerable delays at the intersection just by
simple subtraction of I've got a limited time for that signal to run, and
if it's running at 157 -- 150 seconds, that's the pot I have to take from.
So instead of three legs each getting, you know, 50 seconds,
now each leg gets 40 seconds because 30 seconds of it has to go to
the east for that leg, so that causes a delay at the intersection. Plus
the fact that you have an intersection right on Golden Gate Parkway
which tends to load traffic onto Golden Gate Parkway as opposed to
distributing it either up north to Green Boulevard or down south to,
like, Davis Boulevard, down in that area. And so by not having it
there, you alleviate that problem as well.
And the benefit -- you know, it's not there for the golf
entertainment facility. That's not why it's there. Either way they
would have a northbound left-turn lane, regardless, and they would
have a southbound turn lane. So they have access. It's just an
added benefit and a safer overall location for it that serves two
purposes.
COMMISSIONER LoCASTRO: Have the lights already been
approved, or it's just the proposal and we still have to go through
FDOT or some other approvals?
July 12, 2022
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MR. GRAMER: This would be approving -- if you approve
this, it would approve the signal at that location.
COMMISSIONER LoCASTRO: I gotcha.
CHAIRMAN McDANIEL: And I understand, too -- and I don't
mean to interrupt, but just looking at this -- because, again, I was a
proponent of no build at all, and the issue is the eastern side of Green
Boulevard and the expansion for the turn lanes and the traffic
stacking that comes.
We don't have that capacity at Golden Gate Parkway because it's
somebody's house that's right there, where we do have that capacity
at 27th and the installation of a light and the facilitation of traf fic in
and out of 39th and in and out of the golf course facility.
MR. MINCIELI: But the only people that are going to stack
there are the people that live on 27th. If they're coming from
anywhere, they're not going to go onto 27th, turn around, and come
back and stack. The same thing, if you're making a right turn right
now to go onto 25th and you make a right turn to go to his proposed
intersection, I'm sitting there waiting at a left turn. So the time that
I'm waiting at an intersection --
CHAIRMAN McDANIEL: That's where I'm having trouble as
well. I understand that.
MR. MINCIELI: That's what I'm saying. I wait here, or I wait
here. What's the difference? Why not clear up the intersection?
CHAIRMAN McDANIEL: Well --
MR. GRAMER: There is no way to clear up the Golden Gate
Parkway intersection. You can't put an extra lane in there for triple
lefts because you only have two receiving lanes. You can't change it
to three receiving lanes --
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: We're done with public comment,
by the way.
July 12, 2022
Page 144
MR. GRAMER: -- because it's constrained to a
four-legged -- four-lane facility. And so you can't do improvements
at the intersection. So I can't give you the most popular alternative.
What I can do is tell you that it's the most technically sound
alternative for this particular case.
CHAIRMAN McDANIEL: Well, I've been struggling with this
for quite some time, which is why we're having this discussion.
So do you have anything else you want to bring up?
You good, Commissioner Saunders?
COMMISSIONER SAUNDERS: Yes. I think the staff
recommendation is the right way to go based on the technical
information that's been provided.
CHAIRMAN McDANIEL: Gotcha. All right. It's been
moved and seconded that we take staff's recommendation and do the
27th with the light.
MR. MINCIELI: Wonderful.
CHAIRMAN McDANIEL: Correct?
MS. PATTERSON: That is correct.
CHAIRMAN McDANIEL: All those in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed? Forgive me,
Commissioner Saunders. He was an aye.
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN McDANIEL: So moved.
MR. MINCIELI: So what people want don't matter anymore.
CHAIRMAN McDANIEL: So moved.
Did you vote?
July 12, 2022
Page 145
COMMISSIONER LoCASTRO: Yes. It wasn't loud.
COMMISSIONER SAUNDERS: Was that a unanimous vote?
COMMISSIONER LoCASTRO: Yes.
CHAIRMAN McDANIEL: It was a unanimous vote.
COMMISSIONER SAUNDERS: Thank you, sir.
Item #11N
TERMINATING AGREEMENT NO. 20-7722, FOR
CONVENIENCE, WITH THE HASKELL COMPANY FOR
"DESIGN BUILD SERVICES FOR NCWRF HEADWORKS,” BY
APPROVING THE ASSOCIATED CHANGE ORDERS,
CERTIFYING THE EXISTENCE OF A VALID PUBLIC
EMERGENCY NECESSITATED BY THE NEED TO EXPEDITE
THE COMPLETION OF A VALUE ADDED-REDESIGN OF THE
PROJECT, AND APPROVING AGREEMENT NO. 20-7722-NS IN
THE AMOUNT OF $4,321,083 TO AECOM TECHNICAL
SERVICES, INC. (AECOM) FOR "NCWRF HEADWORKS
ENGINEERING SERVICES," IN SUPPORT OF THE NCWRF
NEW HEADWORKS PROJECT NO. 70149 (FUND 414), AND
AUTHORIZING THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT - MOTION BY COMMISSIONER SOLIS TO
APPROVE, FINDING IT’S A PUBLIC EMERGENCY, SECOND
BY COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 11N. This is a recommendation to approve terminating
Agreement No. 20-7722 for convenience with the Haskell Company
for "Design-Build Services for NCWRF Headworks," by approving
the associated change orders, certifying the existence of a valid
public emergency necessitated by the need to expedite the completion
July 12, 2022
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of a value-added redesign of the project, and approving Agreement
No. 20-7722-NS in the amount of $4,321,083 to AECOM Technical
Services, Inc., for "NCWRF Headworks Engineering Services" in
support of the NCWRF New Headworks Project No. 70149; and
authorizing the Chairman to sign the attached agreement. Mr. Craig
Pajer, director of Subregional Utilities from your Public Utilities
Department, will present.
MR. PAJER: Good afternoon, Commissioners. My name is
Craig Pajer, your subregional utilities director.
I'm here today to request the termination of our design-build
contract that's identified, and I have a very brief presentation to make
for you this afternoon.
So why are we here? Why are we here for this agenda item?
The design-build contract is not meeting our needs. I will explain
more details regarding that in the future slides. But we are here to
request the termination of the contract as indicated, and this path will
require you to certify the existence of a valid public emergency, and
we are requesting you to approve the execution of an engineering
design contract.
During the solicitation of the design-build contract, we noted
several staff-caused deficiencies that were included in the design
criteria package that impacted the project. For this design-build
project, a design criteria package is required to identify how the
project will be designed and how it will be constructed. For this
project, the design-build criteria package was written by your staff
engineers in conjunction with our wastewater treatment plant
operating staff.
Where we fell short were in the following items: We did not
adequately define the amount of odor that was required to be treated,
and we -- the elimination of offsite odors at our treatment plants is a
very critical concern of ours. Our preferred odor control equipment
July 12, 2022
Page 147
vendor was not identified in the package. We were not specific in
identifying the reliability requirements which require a backup
system to be placed when taking systems o ff-line. This is
particularly critical with odor control systems, because if you take it
out of the operation, you're still going to have offsite odors.
We were not specific in identifying how our odor-generating
dumpsters were to be housed. We currently house our dumpsters in
a building that has an extensive odor-control system associated with
it. And the proposers for this contract assumed that dumpsters with
covers would be acceptable to staff.
Our required level of operational flexibility was not clearly
defined, and although we verbally expressed our need to eliminate
any single points of failure, we did not specify exactly where that was
to take place.
Realizing these deficiencies, we needed to figure out a way to
fix them. In order to do that, we have a plan going forward. The
plan is to establish a path to project completion as expeditiously as
possible and by doing the following items: First of all, we will
continue the ongoing construction as it currently exists with our
in-ground/underground infrastructure. This phase of the work is
anticipated to be completed by the middle of next month. We will
continue to use the 60 percent design that's already complete, and
then once we will extend that -- complete that to 100 percent design,
then we'll go out for bids to the general public.
In order to accomplish this, we are asking you to certify the
existence of a valid public emergency. This is required for, really,
two essential reasons. Number one, when we got into the project,
we realized there was significant deterioration to the structure of our
headworks, and we're very concerned that it's going to not have a
catastrophic event occur, and the second reason is it's required by
state statute in conjunction with the Consultants Negotiation Act to
July 12, 2022
Page 148
declare this emergency. And our legal counsel has advised us that
this is essential for you to improve this to ensure the compliance with
the state statutes.
What have we learned from this experience? First, we will not
utilize design-build procurement methods for complex engineering
projects. A wastewater treatment plant is very highly technical, and
it's easy to miss some components of what is required in the design
criteria package.
In our case, I'd say we were 90 percent right on -- I'm
sorry -- 98 percent right on, but two percent where we were deficient.
In those situations those are our utility projects where we have linear,
pretty straight forward, like, pipeline projects. We will retain design
professionals to assist us in developing the design criteria package
should we decide to go the design-build route.
We will follow performance-driven odor control standards for
all of our utility projects consisting of the following items: No
offsite odors 24/7/365; no odor control systems -- I'm sorry -- odor
control systems will address site-specific and nonstandard odor
emissions, excuse me. Performance standards and criteria will be
included in our utility standards for all community and master
wastewater pump stations. Additionally, future custom engineering
design projects will follow the CCNA process in order to hire the
most qualified professionals.
And one topic that was discussed on several other agenda items
today, we will adjust the allocation of points in design-build
procurement so that we don't allow costs to dominate the criteria or
the selection criteria for a design-build team. We need to focus more
on the quality of the project as opposed to the cost.
And we are reinforcing our after-action review process in order
to identify the lessons learned from our projects, and that will tell us
what we did well and gives us opportunities to prove -- to improve
July 12, 2022
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where we may have fallen short.
In conclusion, we request that you approve this agenda item as it
was identified in your executive summary. Our staff is available to
answer any questions that you might have.
COMMISSIONER SOLIS: Unless there's any other discussion,
I would move for approval and with a finding that it's an emergency.
It needs to be done.
CHAIRMAN McDANIEL: And I'll second that.
As a comment, just -- and it's more anecdotal than it is anything.
You brought up a lot of things that this plant -- this is the northeast
regional wastewater water facility?
MR. PAJER: No. This is the North County Water
Reclamation facility on Goodlette-Frank Road.
CHAIRMAN McDANIEL: This is the North Collier
Reclamation facility. Okay. And so this is -- this is some of the
circumstances that we were talking about for the construction of the
new plant out in the east to provide for the additional redundancy to
be able to do the PM, preventative maintenance, circumstance that we
have in our other plants?
MR. PAJER: Yes.
CHAIRMAN McDANIEL: Okay. Any other questions,
Commissioner Saunders?
COMMISSIONER SAUNDERS: No questions. Thank you.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we approve this item and declare it as a public
emergency. All those in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
July 12, 2022
Page 150
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. PAJER: Thank you.
CHAIRMAN McDANIEL: Thank you.
Do you want to take your court reporter break now while we're
before -- and make the cameraman in the back wait? Yeah.
Let's -- do you want to do it now?
THE COURT REPORTER: (Nods head.)
CHAIRMAN McDANIEL: We're going to take a 10-minute
court reporter break. We'll be back at 1 2:35 -- 2:35.
(A brief recess was had from 2:25 p.m. to 2:35 p.m.)
MS. PATTERSON: You have a live mic.
CHAIRMAN McDANIEL: Okay. That's exactly where we
wanted to be.
MR. FINN: Terrific.
Item #11O
CHANGE ORDER NO. 2 IN THE AMOUNT OF $212,079, TO
PROVIDE ADDITIONAL DESIGN ENGINEERING SERVICES
AND TO APPROVE THE FIRST AMENDMENT FOR THE
DESIGN OF THE GYMNASIUM, AND APPROVE THE
REQUIRED BUDGET AMENDMENTS FOR THE EXECUTION
OF AGREEMENT NO. 18-7279 FOR BIG CORKSCREW ISLAND
REGIONAL PARK (BCIRP) PHASE II (PROJECT NO. 80039) -
MOTION BY COMMISSIONER MCDANIEL TO APPROVE AS
RECOMMENDED AND STAFF TO REVIEW THE PROPOSAL
AS TO THE BALANCE OF PHASE II AND BRING BACK FOR
FURTHER DISCUSSION, SECOND BY COMMISSIONER
TAYLOR – APPROVED
July 12, 2022
Page 151
MS. PATTERSON: This brings us to Item 11O, which was
formerly 16C3. This is a recommendation to approve Change Order
No. 2 in the amount of $212,079 to provide additional design
engineering services and to approve the first amendment for the
design of the gymnasium and approve the required budget
amendments for the execution of Agreement No. 18-7279 for Big
Corkscrew Island Regional Park Phase 2. Mr. Ed Finn, your Interim
Deputy County Manager, will present.
MR. FINN: Thank you, ma'am. Edward Finn.
This Big Corkscrew item was on the consent agenda item. I
appreciate -- I appreciate it being put on the regular agenda so we
could talk about it a little bit. The core of this is pretty
straightforward. We have an amendment and a change order to the
design contract so that we can proceed with Phase 2. Some of the
work that we have to do is actual phasing of the planned activities
there. But towards the end of this we'll have an opportunity to look
at the overall project, a little bit of an update, and perhaps get some
direction from the Board on this.
So the assessment -- the change order and the amendment deal
of allowing us to design so that we can get the access road where we
have an agreement with Orange Blossom Ranch Development, get
that access road constructed or under construction by October, which
is required by the agreement. We will modify the balance of the bid
documents in this phase to allow for phasing of the work, and as we
said in the title, we'll get the gym fitness center design underway as
part of this.
A quick overview: This is Phase 1 of Big Corkscrew Park. It's
an aerial that -- this is nearing about 90 percent completion. The
sport fields, as you can see, are complete. They include two softball
fields, as is the playground, the event lawn, tennis, pickleball,
July 12, 2022
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basketball courts.
The community center is just about done at this point, and we're
nearing a CO. It's very close to being actually delivered to us, and
the aquatic center we expect to have completed by August or
September.
This slide gives you a location of the various phases that we're
breaking the overall Phase 2 into. The area in red, which we've
identified as 2A, is that access road to Oil Well. The green or
Phase 2B is the access point between that allows it to connect to
Phase 1, Big Corkscrew. The area in purple is where the fitness
center is going to be constructed, and the area in blue, which we've
identified here as Phase 2D, is the baseball complex.
This shows you in a little more detail the various aspects that I
just identified. Clicking through this, this shows you the site that
we're actually doing this construction on. To a great extent, the wet
nature of this site is going to drive construction costs for this phase of
the project, particularly for the baseball complex.
So the challenges we have is Phase 2D, the baseball complex
and related amenities has an estimated cost of about $36 million.
The estimated -- the available funding for Phase 2 is about
$45 million. The estimated all-in Phase 2 costs with the access roads
that I discussed and the other underground work is estimated at about
60 -- $61 million, leaving us a shortfall of about 16- as planned.
The reason I appreciate this opportunity is I thought it would
give us the chance to allow the Board to give some thought to that
baseball field complex and see if there was some direction they
wanted to give us in terms of looking at that, seeing if there might be
some alternative, alternative locations, or any other direction the
Board's interested in providing.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I'm turning to you.
July 12, 2022
Page 153
CHAIRMAN McDANIEL: Why'd you light up?
COMMISSIONER TAYLOR: As commissioner of
the -- commissioner of the district.
CHAIRMAN McDANIEL: Well, let's -- as far as -- do you
have a comment, or do you want to hear what I have to say?
COMMISSIONER TAYLOR: Oh, I want to hear what you
have to say, but then I have a comment, because I have a question for
you.
CHAIRMAN McDANIEL: Okay. I would like to make a
motion to approve the agenda item as being recommended for now.
COMMISSIONER TAYLOR: Okay. I'll second that.
CHAIRMAN McDANIEL: And then as a matter of discussion,
I would like for staff to review the proposal for the construction of
the balance of Phase 2. If you'll pop up that screen that showed the
different phases there, Ed. That one there, right there. Because it's
imperative to me for the community for access to what we've already
got constructed, the aquatic center, so on and so forth, that we have
the road that comes down out of the park and then interconnects with
Oil Well Road, and where that comes -- with that improvement
comes a traffic signal down there that we've got all participants that
are engaged in that intersection to assist with the expense associated
with that.
But I'd like to -- I'd like for staff to go to the drawing board, if
you will, a little bit to have some discussions about where and when
and even if. I want the -- I want -- as an alternative, I want the "if"
to be a discussion as to whether we construct the ball fields at all.
I was -- I was very instrumental in the first phase. And you saw
pictures of the baseball fields that were built up on the north in
current Phase 1. But in my prior life, building a baseball field in an
already excavated pond is just counterintuitive to me.
So I would like to approve the item as it is, and I used this as an
July 12, 2022
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item to bring back and share with you folks just to hopefully get
some opinions and ideas as to if how I'm thinking is as squirrely as I
think it is. But I really -- I really would like for us to revisit the
baseball field portion of this.
COMMISSIONER SOLIS: The 40 million, thereabouts, was
for those four baseball fields in the blue?
CHAIRMAN McDANIEL: Yes, plus or minus.
MR. FINN: Plus or minus.
CHAIRMAN McDANIEL: I mean, there was a total 62 million
for the balance, and then -- and 40- so of that was -- if my
recollection is correct, was those ball fields.
COMMISSIONER SOLIS: Wow.
MR. FINN: That's a little bit heavy, but order of magnitude,
we're dealing with kind of a high/low range here. So somewhere
between 34-, 37-, 38 million.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And there is aggregate that's in this
pond that can be excavated and can be utilized for our own aggregate
needs to elevate the other properties that we have in close proximity;
the northeast wastewater water -- the regional facility, recreation
facility can be utilized, can be made out of this pond.
The original developer just went through and snatched the fill
dirt off the top, hit the rock, and stopped digging, which that's the
least expensive material that excavators oftentimes run into. And so
this pond probably -- this entire pond area, I would venture a guess, is
less than 10 feet, six, seven feet in certain areas. And so the original
premise was -- and this conversation's been going on for quite some
time back with our previous County Manager and Deputy County
Manager.
And I've seen the core tests and the borings of the aggregate that
is here. And so this aggregate that -- this pond can be re-excavated
July 12, 2022
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and the material within it utilized for other benefits to the community,
and then we can have some discussions, if at all, and then where
those fields can be constructed.
Commissioner Taylor, you're first.
COMMISSIONER TAYLOR: So the "where" is what I'm
concerned about. This is Big Corkscrew Swamp, and Big
Corkscrew we've been talking about -- prior to my appointment as a
commissioner in 2014. And I remember your predecessor just
begging, can we please, please start this.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: And so we've started it. And
the ball fields are so critical to be here in this location. On water?
I'm not suggesting that. But the ball fields are critical for the whole
county, because it always was argued that this was a central location
for our children to play, and there's so many kids in Golden Gate that
wanted to play, and they had to travel elsewhere.
If we move these ball fields from this place, it kind of defeats
what we're doing. Now, I don't know if there's another spot. I'm
not suggesting we even discuss it right now, but I'm really troubled
by moving ball fields away from Big Corkscrew, which is centrally
located between Immokalee and the urban area.
CHAIRMAN McDANIEL: And if I might, without having an
in-depth discussion, indulge that thought process. I want the
discussion of "if" to be the part of our future discussions when staff
comes back to us and gives us the analysis with regard to where they
potentially can be located. There is other property in very close
proximity here that we can facilitate this and not in an already -dug
pond.
COMMISSIONER TAYLOR: Good. Not going to
Immokalee.
CHAIRMAN McDANIEL: Yes, ma'am. No, ma'am. We
July 12, 2022
Page 156
need ball fields in Immokalee. That's a whole 'nother -- that's a
whole 'nother discussion.
COMMISSIONER TAYLOR: There's no question. They
need ball fields up there, but we need more ball fields in Collier
County.
CHAIRMAN McDANIEL: When the original design -- and
you're looking at the picture that's up on the view screen right now.
You'll look up on the north, and there are two baseball fields that are
there now. Staff's original recommendations when this park came
through was six -- not four, but six rectangular fields. I actually
pushed them to build those two ball fields now just because I could
see the potential of what circumstantially was coming down the pike
with Phase 2. So we have ball fields here that are -- that are
supporting the community needs as it is right now.
I just -- I want staff -- I want to give direction to staff to give us
some alternatives so that we can -- a portion of which is, if at all, in
the discussion.
COMMISSIONER TAYLOR: The derth, the lack of ball fields
in Collier County for our kids to play on is so serious, and the
popularity of baseball is so pronounced in Collier County. These
kids have to have their championship in another county.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: That's how -- ball fields are,
like, number one. Okay. So thank you.
CHAIRMAN McDANIEL: Well -- and it's ironic. And it's
not -- I find it ironic, but for years we've been told rectangle fields,
rectangle fields, rectangle fields, rectangle fields and not baseball
fields, particularly, even to a point with regard to the first phase of
Big Corkscrew Regional Park, there was no baseball fields at all
included in that. And so --
COMMISSIONER SOLIS: Or the sports complex.
July 12, 2022
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CHAIRMAN McDANIEL: Or the sports complex.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: And so -- so having said that, we,
the community, really need the road. We, the community, really
need the lit intersection down at Oil Well and an alternative access.
We're already experiencing negative impacts on 39th and the
additional traffic -- because this is an amazing park. If you haven't
been out to see this park yet, even though it isn't done, it's amazing.
COMMISSIONER TAYLOR: Oh, it's extraordinary.
CHAIRMAN McDANIEL: It's amazing. So we need the
road, we need the lit intersection, we need the alternative route to the
south. Go forth and persevere on those phases, but come back to us
in the fall and talk to us about alternative of if, when, and where we
may be able to facilitate the ball fields. And that's the reason I
wanted -- that's the reason I pulled this up, to have that discussion
with you to make sure that I wasn't leaning too far out over my skis.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: So, Commissioner LoCastro.
COMMISSIONER LoCASTRO: I'm going to -- I'm going
to -- I'd like to defer to Commissioner Solis, because I think he had
something to dovetail on what you're saying. I'm going to -- my
comments are going to be a totally different direction. So for
continuity's sake, I think I'll let him speak while I make some notes
here.
COMMISSIONER SOLIS: Yeah. I think -- I think filling a
pond that was dug, yeah, there's something that's counterintuitive to
that. It just seems like throwing money in a hole, but I don't want to
say that. That's what we're doing. So -- but my question is: Are
we okay contractually, then, to revisit the ball fields? I mean, we
can do this?
MR. FINN: Yes, sir.
July 12, 2022
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COMMISSIONER SOLIS: We can approve as-is, but --
MR. FINN: Part of why we're before you today is we're trying
to structure this phase so that we can contract out in a phased manner
if that's the best way to expedite it. As we've discussed, the
connection road to Oil Well is the top priority, and that is going to be
done separately so that we can meet the requirements of our
developer agreement on that.
If we then phase the rest of the project or phase that other
connection road, that might be viable so long as it's reasonably cost
effective. I have a feeling that some of this discussion is going to
come around a little bit to finance maybe in the end.
The first phase of the project largely was funded with
sales-surtax monies. That project is pretty much at 90-percent-plus
at this point. This phase of the project is going to be funded with
Parks impact fees. So as we look at that baseball field alternative,
it's possible that we will need to be sensitive to making sure it still
meets the criteria for the use of impact fees. I just want to mention
that as we kind of go through this discussion.
COMMISSIONER SOLIS: Well, no. And I appreciate
Commissioner McDaniel bringing this up. Yeah, I think we should
look at alternatives to maybe in the area but just not right there. I
mean, it doesn't make any sense.
CHAIRMAN McDANIEL: And the discussion on "if" is just
as an alternative, similarly to what we did on the bridge at 27th, 29th,
or at the Parkway. "If" is an alternative. It's not really viable to not
do it.
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: And from an economic
standpoint -- and I'm dealing with solely main memory from close to
four years ago, but I believe round numbers, there's close to
10 million tons of aggregate that can come out of here.
July 12, 2022
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COMMISSIONER SOLIS: Oh, wow.
CHAIRMAN McDANIEL: Which even at a very
reduced -- and we'll verify those numbers when we come back in the
fall to have that discussion. But that will add, certainly, a lot of
revenue stream into the discussion points. Ten sticks in my mind. I
might be wrong, but that's a number that sticks.
Commissioner Solis, are you good?
COMMISSIONER SOLIS: I'm done, yeah.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Okay. I don't want to come
off as a downer or anything.
CHAIRMAN McDANIEL: Then don't.
COMMISSIONER LoCASTRO: But while we're having this
lovefest over Big Corkscrew Park -- and it is beautiful. I've been out
there. It's amazing. But then, you know, I always preface it by
saying, it should be for what we've invested into it. But that's here
nor there.
But I just want to summarize a conversation that I with our
County Manager, our deputy, and Mr. Finn yesterday in my office.
And I'm actually going to add to that conversation a little bit, because
I've had it with them before, so we didn't have to have a big, long
discussion.
It's great that we're putting frosting and cherries on top of
frosting and cherries -- and I'm being a little sarcastic when I say that.
The need for ball fields, you know, it's arguable or i t's needed. I get
it. I'm not here to debate that.
But I've got a lot of communities in District 1 that don't have the
luxury of having a park. And I'm not saying every neighborhood
should have a park. But I'm just going to give a little bit of a
rundown of just some feedback I gave our county staff. We don't a
lot of ball fields that exist in other places. Dan, if you remember, we
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had citizens that had to bring to our attention that at Donna Fiala's
own park, we had ball fields with burned out lights for years, that
have been burned out for years and hadn't been replaced. You took
care of that in record time. Thank you very much.
Veterans Park, which isn't in my district, had basketball hoops
that were, you know, in need of repair for years. You fi xed that in
record time. But you know these are the kind of things, let's make
sure we're putting as much attention on our smaller neighborhood
parks.
I just sent you some photos I spent all day Saturday riding
around District 1 and sent you some of the pictures of some, you
know, parks and marinas that have giant potholes, broken fish scaling
tables, water hoses that don't work, seawalls that are about to fall into
the water.
And sometimes these are different colors of money, so I get that.
But we have a lot of parks already. And so while we build these big,
uber, wonderful sports complexes and whatnot -- and the need is
there; I get it. You know, these are many years in the making.
One of the things I was impressed that you-all have said is that
we're going to put much closer scrutiny and inspections. It was even
Crystal who brought, you know, to my attention and I passed to
you-all at the meeting that she just happened to be out at Freedom
Park. Beautiful, you know. It's so patriotic, it's wonderful, yet you
go behind the 911 memorial, and the shrubbery there, you know, the
natural shrubbery is just nothing but filled with trash.
And so I know this might sound like apples to oranges, but my
point here is, we have a lot of parks in Collier County that aren't the
size of these parks that need attention, and when a citizen brings to
our attention that a water fountain's been broken for a year, you
know, that we have 1972 bathrooms with toilets that don't
flush -- and we fixed a bunch of those in Sugden Park and then some
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other areas as well, but I'm encouraged that you're going to put a lot
of focus on parks that we already have that maybe don't look like this
but should -- you know, that should.
So I don't know if you want to make a comment, County
Manager. But I was encouraged by what you said. You know,
you've got a long list of things you are -- you are putting renewed
focus on. And rather than me debate this park, which is amazing, if
you'd give a little short synopsis kind of summarizing what the
discussion we had in my office about your renewed focus on the
remainder of our parks and not having citizens point out to us when
things are broken or neglected but having us catch those things.
MS. PATTERSON: So this park will need to be maintained as
well. So what we're focusing on -- and Dan and I will tell you that
every staff meeting that we've had now over the last several board
meetings, there's at least time spent on this management and
maintenance of critical assets and inventory. But it's more than that.
It's having a plan, and then knowing what it means when we defer or
deviate.
So it's knowing when we need to do things, making sure we're
doing those things, but when we have to change direction, we need to
come to you and tell you what that means. We had planned to do
this, but now a priority changes -- and they do. Priorities change.
Sometimes economic conditions change.
We suffered in the past perhaps of not being clear that when we
fail to maintain our assets, that catches up with us, and we pay for it
for years and years and years. It might be okay for a while, but that's
what we have been suffering under and what we continue to, and it
erodes to the useful life, and it makes it much, much more expensive.
So you have our commitment, all three of us, that this is a
high-priority item for us, and we will be working on this proactive
approach to planning for caring for our assets into the future.
July 12, 2022
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COMMISSIONER LoCASTRO: I was really impressed by
something Mr. Rodriguez sent me when he was in his previous job
and had -- I don't want to say closer oversight of parks, because he's
still helping as well. But when you send me a report that now you
require from senior leadership that report to you with their
assessment of different things and whatnot, I hope that wasn't a
one-time deal, that that's a process that we are instilling into our staff
so we're not just sort of guessing or, you know, we're doing damage
control when 10 citizens send us angry emails. And, you know, as I
was looking over that report, it was much more proactive, and it
basically is holding our staff accountable that they're checking
lightbulbs, not waiting for complaints, and some other of the things.
So I just want to mention that. And, you know, Mr. Finn, you
were -- you had -- I appreciated the detailed email you sent me this
morning to my questions about the marina on 951 and some of those
things. It was exactly what I was looking for, you know.
MR. FINN: Thank you, sir.
COMMISSIONER LoCASTRO: And the photos help a lot as
well because we have constituents that wanted to know what the
heck's going on, and they see us talking for hours about the sports
complex and Big Corkscrew, but there's a lot of parks that have
existed for a long time all around our community that could use some
love and attention and investment to keep them functional, and they
have ball fields as well.
You know, the last example I'll give is the Vineyards. Right,
Mr. Rodriguez? I mean, you need to put some attention there.
We've got kids playing soccer on sand, not sod, and they had
tournaments out there. And the parents went to Lowe's to buy sand
[sic] to fill the holes before the tournament played. These are things
you don't read about in the newspaper or hear on TV. And th at's
unacceptable. That's unacceptable.
July 12, 2022
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There again, I appreciate your quick action when I brought it to
your attention, but it was a little bit of a Band-Aid that we fixed. As
you said, we have to put it into more of our budget, our plan,
proactive inspections and things like that, and know when those
tournaments are coming up. You know, I don't want to sod a field
and have it sit there for six months and watch the grass die when
there's no tournaments. But we have to be proactive to know, wow,
in 90 days we're going to have 5,000 kids out there and their parents.
We want to make sure that, you know, we're proud of the fields they
play on.
Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Along with Commissioner
LoCastro's comments about management of Park and your response,
County Manager, there's also the issue of concessionaires, and there's
also the issue of if a concessionaire is given the opportunity to handle
the business of this particular area, whether it's a ramp, l ike we heard
earlier this year, or it's East Naples pickleball, or it's pickleball at
Veterans Park, there seems to be a resistance, or has been, and maybe
it's just the culture that I'm sure could be changed, well, they can't
raise their prices, but it never goes beyond that. It never goes, well,
if you raise your prices, then we, who have given you this
opportunity to be in this park to use these facilities, need you to help
us with the maintenance of the park. It becomes an automatic
revenue source. And I know we've talked about this.
So I think if there is an agreement up here with my colleagues to
allow staff to pursue that -- I think it's critical.
CHAIRMAN McDANIEL: We already are.
COMMISSIONER TAYLOR: We know what happened three
years ago.
CHAIRMAN McDANIEL: Ask her.
July 12, 2022
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COMMISSIONER TAYLOR: Well, not this area.
MS. PATTERSON: So what we spoke about in our meeting
was getting a better understanding of all the concessionaire
agreements that we have, some that are old, some that are new, some
need a refresher, some may need a rewrite, and then we can give the
Board more visibility on the things that we need to do and how we
manage them better and perhaps be a little bit more consistent in
management or at least give the Board more visibility so that we
don't end up in some of the places where we've been where we're
surprised by the outcome.
CHAIRMAN McDANIEL: Right. And those -- they were
discussions that I -- when I say "we already are," they are just -- I
mean, they can nod their heads in the affirmative manner. The ask
for revisit on those agreements has been coming from my office for
quite some time.
COMMISSIONER TAYLOR: But also to be open to proposals
from the vendors who come and say, look, if we raise our prices and,
oh, by the way, you charge more to go to sun splash -- right? I guess
that's the big water park, the water park.
MS. PATTERSON: Sun-N-Fun.
COMMISSIONER TAYLOR: Sun-N-Fun. You charge more
than I charge to do this in my park -- in the park that I'm a
concessionaire. And to have some understanding. Because this is
all about money. This is all about money coming back into our
parks for the opportunity of a concessionaire. There should be no
competition from the park staff when a concessionaire is giving
an -- creating a service.
CHAIRMAN McDANIEL: We had circumstances down on
Marco at Caxambas with concessionaires and the dockmaster and, I
mean, we've got several of those agreements that are out there that
are in need of touching.
July 12, 2022
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COMMISSIONER TAYLOR: Yes, and -- but it's not only just
touching. It's to look at it from more of a business point of view.
CHAIRMAN McDANIEL: Well, of course.
COMMISSIONER TAYLOR: How can we offset the
cost -- parks don't make money. They're not supposed to make
money. Parks are there for public, and taxpayers' dollars pay for the
parks. So how can we maximize the money that we do get from
concessionaires to help offset the cost of it? And that's a whole
different way of looking at our parks, but I think it's a reality. We're
a fast-growing, very popular county right now, and there's lots of
things we can do. And I'm not suggesting --
CHAIRMAN McDANIEL: Sure.
COMMISSIONER TAYLOR: -- that we charge a child who's
seven years old and wants to play soccer on our fields money. I'm
not. But I am suggesting that there are certain concessionaires that
need some guidance and some support in order to become more
business and financially sound.
MS. PATTERSON: We understand the concerns and
viewpoints here, and we're going to do some homework on our
concessionaire agreements, and we'll be back and speak with you
about those things.
COMMISSIONER LoCASTRO: Amy, one of those -- and we
mentioned it a couple months ago here as a homework assignment,
but it was just sort of floating out there is -- and Commissioner
McDaniel brings it up -- is the concessionaire that has the bait shop
and whatnot at Caxambas but then also has it at Port of the Islands.
That was one of the, you know, old contracts that gave that person,
like, 95 percent of the revenue, which we're all sitting up here like
going, who signed that?
But having said that, put that one close to the top of the list.
We have some that are a little bit sloppy. That one's flabbergasting.
July 12, 2022
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And I think we had a potential to renegotiate that one or kill it, end it,
change it, or whatnot. Didn't hear yet from the staff, you know,
what the timeline is for that one.
I was out there Saturday. You know, even in the off -season
those parks are busy. And so, you know -- and that's money
that -- you know, great, they do a great job out there but, you know,
to Commissioner Taylor's point, it's money that we could be
recouping and then throwing back into lightbulbs and trash pickup
and fixing bathrooms. And so -- I know we're not losing sight of
that, but I think this is an important discussion.
You know, the heavy-lifting Corkscrew, that's a big one, but
we're missing some of the small little things, too, in our other parks
that have been already, you know, built and established for quite a
while.
MS. PATTERSON: Understood.
CHAIRMAN McDANIEL: One of the things that we really
didn't realize, or I didn't realize, was during the AUIR process, in
times gone past, the level of service had gotten adjusted for
community parks in relationship to regional parks, and the amount of
maintenance appropriated in the community parks was reduced
because the flash was put into the pan with our larger regional parks.
And I know this board has -- and had an enormous amount of
cooperation from our senior staff in making sure that all of our parks
are treated as equally as possible, whether or not they're a regional
park and/or a community park, so...
MS. PATTERSON: Just to clarify, so we have a planning level
of service where we plan our capital improvements and then
maintenance levels of service, and we'll be coming back with a more
detailed approach with the AUIR where we will have some time to
talk about some of these things, including the differences between
how we plan and then how we maintain. So I think that will be a
July 12, 2022
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good conversation coming into the fall.
CHAIRMAN McDANIEL: We went down two absolutely
different rabbit holes than the one that we are brought here for, but
both valid discussions, and I think good points for us to bring up as a
board and going forward.
So with that it's been moved and seconded to approve the
agenda item as has been brought forward with the additional
discussion that we talked about for --
MR. FINN: Yes, sir. Where, when, if.
COMMISSIONER TAYLOR: So moved.
CHAIRMAN McDANIEL: Commissioner -- yeah, we
did -- we moved and seconded.
Commissioner Saunders, do you have any comments or
discussion?
COMMISSIONER SAUNDERS: Yeah, two quick comments.
You added, when you were discussing the motion, the staff
recommendation and then some other language about other issues,
and I didn't hear what those other issues were. I heard all the
discussion, but in the actual motion, I just want to make sure I'm clear
on what I'm voting for. So could you restate the motion?
CHAIRMAN McDANIEL: The motion is to accept the agenda
item as is being proposed and recommended by staff with the change
order and per the 16C3, which is now whatever it is, 11O --
MS. PATTERSON: O.
CHAIRMAN McDANIEL: -- with additional comments
coming back from staff -- alternatives coming back from staff with
regard to the ball fields and the gymnasium facility with the priority
to be on the road out of the south end of the park down through and
interconnecting with Oil Well.
COMMISSIONER SAUNDERS: All right. That sounds
good. And I understand. I assume there's been a second to that
July 12, 2022
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motion.
CHAIRMAN McDANIEL: That is correct, sir.
COMMISSIONER SAUNDERS: If not -- okay. The only
other comment I would make, you know, the Productivity Committee
has made a lot of recommendations as well that we all listened to
during our -- I think it was at the last -- it was at the last meeting on
June 28th, I believe. And so -- just saying to staff, there are a lot of
good recommendations there in terms of signage and the Friends of
the Parks, and all of those types of things will help in the long run
with maintenance and all of those issues as well as identifying
maintenance problems and issues that need to be addressed. I just
want to just throw that out there that we do have that additional report
that has been accepted by the Board.
CHAIRMAN McDANIEL: Okay. With that, it's been moved
and seconded. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
MR. FINN: Thank you, sir.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #11P
AUTHORIZE THE CHAIRPERSON TO SIGN TWO (2)
SUBRECIPIENT AGREEMENT AMENDMENTS BETWEEN
July 12, 2022
Page 169
COLLIER COUNTY AND RURAL NEIGHBORHOODS,
INCORPORATED AND COLLIER COUNTY AND THE
COLLIER COUNTY HOUSING AUTHORITY - MOTION BY
COMMISSIONER MCDANIEL TO CONTINUE THE RURAL
NEIGHBORHOOD AGREEMENT AMENDMENT AND PASS
THE HOUSING AUTHORITY AGREEMENT AMENDMENT,
SECOND BY COMMISSIONER TAYLOR – APPROVED
MS. PATTERSON: That brings us to Item 11P, formerly
16D6. This is a recommendation to approve and authorize the
chairperson to sign two subrecipient agreement amendments between
Collier County and Rural Neighborhoods, Incorporated, and Collier
County and the Collier County Housing Authority, and Ms. Kristi
Sonntag, your director of Human Services -- Housing and Human
Services -- I get it wrong every time. Sorry, Kristi. She's going to
tell you her title -- is going to present or answer questions.
MS. SONNTAG: Good afternoon, Commissioners. Kristi
Sonntag, your Community and Human Services director.
The item before you today is two amendments to two
subrecipient agreements. One is with Rural Neighborhoods, and the
other is with the Collier County Housing Authority.
Just to give you a little bit of background on both of the se
agreements, the agreements were both awarded through our annual
competitive grant cycle, and were subsequently approved by the
Board and HUD through the action planning process.
The Rural Neighborhoods agreement was approved on
June 23rd of 2020 where $400,000 was awarded for the construction
of a community center in Immokalee, and this is part of your 2021
action plan. The Collier County Housing Authority agreement was
included in your Fiscal Year '21 action plan. It was approved in
June of '21, and this is an HVAC project in the amount of $500,000
July 12, 2022
Page 170
at Farmworker Village, and then subsequently, at your last board
meeting in June of '22, there was a substantial amendment to the
action plan for this particular agreement.
The Rural Neighborhoods Community Center is located in the
Eden Park Esperanza Place neighborhood. The proposed
amendment does include a modification to the period of performance.
It currently ends December of '22. We're adding additional time to
allow for construction delays. In addition, we are modifying the
budget scope to consolidate the line-item budgets. In addition, we're
adding the HUD-required language regarding leveraged funds, and
this community center will offer housing support activities.
The Collier County Housing Authority amendment includes
reallocation of $130,000 to support the increased cost of
HVAC-related activities. The project is for the installation of 50
HVAC units in the residential housing units at Farmworker Village.
In addition, it also includes the addition of the HUD-required
language for leveraged funds.
Commissioners, we're requesting approval of the amendments
for the Collier County Housing Authority and the Rural
Neighborhoods agreements.
Any questions?
CHAIRMAN McDANIEL: My first question -- I'm one
that -- well, Commissioner LoCastro and I are both in agreement of
pulling this up for discussion purposes.
First of all, I'd like to give, with the Board consent, direction that
we not commingle not-for-profits that are receiving CDBG funding.
I'd like them to be set up on individual agenda items so I'm not put in
this circumstance twice.
I don't have any issue at all with the Collier County Housing
Authority's request for the HVAC improvements and such. I do
have an issue with the Rural Neighborhoods request, and it's only
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because I'm aware of -- and I don't know what the outcome is as of
yet, but I'm aware of legal action that's going on between the property
owners and this purported community center at Esperanza and
another property owner in close proximity.
So my motion, my reason for doing this, is I would like to
approve the Collier County Housing Authority's request and make
sure that that goes forward and either deny the Rural Neighborhoods
and/or minimally continue it pending the legal action that's actually
transpiring. Can I do that?
MR. KLATZKOW: (Nods head.)
CHAIRMAN McDANIEL: I'll make that as a motion.
COMMISSIONER TAYLOR: I'll second that motion.
COMMISSIONER LoCASTRO: No, you covered the things
that made me pull it.
MR. KLATZKOW: You just need more clarity as to what you
want.
CHAIRMAN McDANIEL: Let's -- you know what, I don't
want to deny the Rural Neighborhoods just yet. I would like to
continue that.
MR. KLATZKOW: You want to continue it?
CHAIRMAN McDANIEL: I'd like to continue the Rural
Neighborhoods. Because when -- are you writing down all my
stutters? When there's legal activity, there's certainly an opinion on
both sides of the equation. And I have not had a personal
conversation with the Rural Neighborhoods. I've just only had
conversations with the other side. So be that as it may.
My motion is to continue the Rural Neighborhoods item and
pass the Collier County Housing Authority for the HVAC.
MS. SONNTAG: Okay.
CHAIRMAN McDANIEL: And that's a clarity. Is the
seconder okay with that clarification?
July 12, 2022
Page 172
COMMISSIONER TAYLOR: Yes, yes. That would be my
intention also.
CHAIRMAN McDANIEL: Do you have a comment?
COMMISSIONER TAYLOR: I do, but after we take our vote.
I have a question that's related to something --
CHAIRMAN McDANIEL: Okay. Commissioner Solis.
COMMISSIONER SOLIS: Well -- and it may be the same
question. The Rural Neighborhoods grant is for a community center.
MS. SONNTAG: Yes. It is not for the Casa Amigos; that is
the men's dormitory.
COMMISSIONER SOLIS: Right.
MS. SONNTAG: This is for the community center. I have a
picture, if you'd like me to put it on the visualizer.
COMMISSIONER SOLIS: Well, I'm in agreement that we
continue this part.
MS. SONNTAG: Okay.
COMMISSIONER SOLIS: But when it comes back, I would
like -- I think there's probably some nuances in here, because I've
heard about this as well, and we need to figure this out, because
there's issues, in my opinion.
COMMISSIONER TAYLOR: Yep.
CHAIRMAN McDANIEL: Agreed.
Commissioner Taylor? Oh, you want to vote?
COMMISSIONER TAYLOR: Yeah, yeah.
CHAIRMAN McDANIEL: Commissioner Saunders, do you
have anything to say?
COMMISSIONER SAUNDERS: No, sir. No comments. No
questions.
CHAIRMAN McDANIEL: Outstanding. All right. It's been
moved and seconded. You want me to repeat it again, or you all
good? It's been moved and seconded.
July 12, 2022
Page 173
All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
And I'm going to go to Commissioner Taylor first and then
Commissioner LoCastro.
COMMISSIONER TAYLOR: What is the county's
relationship with Farmworkers Village?
MS. SONNTAG: Well, Farmworker Village is part of the
Collier County Housing Authority, and they're responsible for
managing those properties. Some of those properties out there are
USDA funded and some were released from USDA funding. And
I'm sure Commissioner McDaniel knows a lot about that particular
property.
But we're -- the amendment you just approved is funding central
air for 50 of the units. And we've been doing this in stages with
them, so this is probably the 100th group of units that we've been
providing air conditioning, and then they rent them out to residents in
the area.
COMMISSIONER TAYLOR: And who oversees the
management of Farmworker Village?
MS. SONNTAG: The Housing Authority.
COMMISSIONER TAYLOR: And the Housing Authority is
us?
CHAIRMAN McDANIEL: No.
MS. SONNTAG: No, ma'am.
July 12, 2022
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CHAIRMAN McDANIEL: That's one of the misnomers.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: I received a gubernatorial
appointment. That's when I was taking the knee and getting the
sword from the Governor to be bequeathed onto that board five years
before I became the commissioner.
Collier County Housing Authority is a state-run agency, separate
and apart from Collier County. It's like the Collier County Health
Department is a state-run agency. Everybody thinks its us, but it
isn't. It's a regulated state agency appoint -- the board of oversight is
appointed by the Governor, and then we hire staff --
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: -- to oversee the operation. I
think there's a 630 homes plus/minus in Farmworkers Village at
large. Approximately 300 -- 360 are still subsidized USDA housing
for folks that are engaged in agricultural business. About 300 or so
in the older sections, Sections A and B, were given to the Housing
Authority by the USDA once the grants and loans were originally set
aside.
COMMISSIONER TAYLOR: So --
CHAIRMAN McDANIEL: And by the way, just as a point,
they also -- we also managed a similar project to Casa Amigos that's
being proposed here at Esperanza, a single-male migrant worker
dormitory for about 140 H2A and migrant workers.
COMMISSIONER TAYLOR: So who is responsible for the
management -- the management of Farmworker Village? Which
entity is responsible to hire the manager to make sure --
CHAIRMAN McDANIEL: The Housing Authority.
COMMISSIONER TAYLOR: To make sure the rules are
enforced?
MS. SONNTAG: Yes, ma'am.
July 12, 2022
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COMMISSIONER TAYLOR: Okay. So the Housing
Authority isn't doing a very good job in terms of the number of
backroom breeders of animals in Farmworker Village. They are not.
There is a lot going on, I'm understanding, from Mr. Kemp. It's
something that it's probably -- if it is us, we need to come in there
and --
CHAIRMAN McDANIEL: It is not us. I had a long
conversation with Tom about that yesterday.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: In excess of an hour. It is the
Housing Authority. And I did address it with Oscar last night which
was talking to him about the -- Oscar is the executive director that I
was participatory in hiring when I was chairman of the board of the
Housing Authority.
COMMISSIONER TAYLOR: But where does the buck stop?
CHAIRMAN McDANIEL: With him.
COMMISSIONER TAYLOR: But it's not doing -- he's not
doing his job.
CHAIRMAN McDANIEL: That is a representation of our
friend.
COMMISSIONER TAYLOR: With documentation.
CHAIRMAN McDANIEL: We'll go through -- we'll go
through the process, and I'll come back to you in September with
specifics on that.
COMMISSIONER TAYLOR: Great, great. Yeah, just go
through it and follow it through.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: Because if it's us, the buck stops
with us.
CHAIRMAN McDANIEL: And it is not us, for the third --
COMMISSIONER TAYLOR: For the Housing Authority,
July 12, 2022
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meaning --
CHAIRMAN McDANIEL: The Collier County Housing
Authority is not us at all. We are -- we are only participatory -- now,
I wasn't able to stay on board once I came a commissioner. I was on
that appointed board when I got elected here, and I had to resign that
position because of the CDBG funding and things and the conflict of
interest.
COMMISSIONER TAYLOR: I don't mean to belabor the
point, but if the Collier County Housing Authority hires the
manager -- I mean, we may run into this with Casa Amigos.
CHAIRMAN McDANIEL: No.
COMMISSIONER TAYLOR: If they run -- if they hire the
manager, and the manager's not doing his job --
CHAIRMAN McDANIEL: And, Commissioner, I'm going
to --
COMMISSIONER TAYLOR: If --
CHAIRMAN McDANIEL: I'm going to ask you to just let this
lie for a minute. You're receiving this --
COMMISSIONER TAYLOR: No, just under -- I want to
understand where the buck stops.
CHAIRMAN McDANIEL: The buck stops with Collier
County Housing Authority --
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: -- and their job is to hire the
executive director, and that's where the buck stops. Not with Collier
County at all.
COMMISSIONER TAYLOR: And the Collier County
Housing Authority's appointed by the state so, therefore, it stops at
the state level?
CHAIRMAN McDANIEL: The Governor's office, yes, the
Governor's office. And we actually are having an issue with the
July 12, 2022
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Governor's office because I'm shy -- I'm shy two appointees on that
board. I only have -- I -- we only have three members of that
five-member board. And so -- well, it's a longer discussion than
where we want to go right here. But I promise I'll come back in
September with a report to you with regard to the circumstances and
the -- and the pet situation.
COMMISSIONER TAYLOR: And before we leave the pet
situation, if I have concurrence of my colleagues up here, I'd like us
to look at -- the DAS was a -- for the lack of a better phrase, a shelter
that did not keep animals alive. It was considered a, quote -unquote,
years ago, a kill shelter. There was a budget with that. Since we
became a no-kill shelter, I would like to compare the budgets and like
to have that information coming back to us that this -- you know, in
the -- another assignment in your summer homework.
CHAIRMAN McDANIEL: In our September budget hearing,
we have a long discussion about the DAS.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Ms. Sonntag --
MS. SONNTAG: Yes.
COMMISSIONER LoCASTRO: -- since we have you at the
podium, how are our affordable housing applications going? You
know, we voted to give you more people. We bragged -- not
bragged, but we made it an initiative that in June and July in utility
bills we were going to put advertisements, which I pay my bill online,
so I don't even think I get anything mailed to my mailbox. Did that
happen? And then -- so did the utility bill inserts happen? And,
number two, how are the applications going? Are we online to
spend the money before, you know, it gets pulled back in September?
Is the additional help helping you? Is the timeline to approve
applications shorter? Give us a report card on what you can tell us
July 12, 2022
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as to what we've done and how it's going.
MS. SONNTAG: Okay. Well, I'm happ y to report that the
month of June was our highest expenditure month. I'm looking at
my financial manager. We expended well over $700,000.
COMMISSIONER LoCASTRO: Wow.
MS. SONNTAG: It was our largest month yet, and I was so
pleased.
The Clerk's staff worked diligently to push out checks. And we
are continuing. You know, all those people are now in our system.
We continue to help them. We're -- on average, we're receiving -- as
a matter of fact, today we received 10 applications just between 8:00
this morning and actually, like, an hour ago. So we are continuing to
receive a lot of applications, and that's not an issue.
As far as reallocation goes, the Treasury does look at
reallocation. They do reallocate on their own. And we have
recently made an appeal to them for reallocation. And,
unfortunately, we had to return $300,000 in the most recent
reallocation that occurred nationwide. And they did that across all
jurisdictions that received funding. And with the help of our
legislative delegation, we were able to appeal that and get that
reduced significantly based on our increased spending patterns.
As far as staffing goes, we are hiring. We are in the process of
hiring. We've offered, I want to say, seven positions out of the 12
that you gave us. So we're continuing through that process as well.
COMMISSIONER LoCASTRO: But those seven haven't
started yet, or have you got --
MS. SONNTAG: No. We've only started two out of the
seven. You know, it does take a while to clear background checks
and whatnot, so...
COMMISSIONER LoCASTRO: Did we do the June and July
utility inserts in the bills, the advertisement of all of our programs?
July 12, 2022
Page 179
Because I like that idea, and I thought we gave it the green light.
MS. LOPEZ: You did, and worked on the -- oh, hello, Maggie
Lopez, the Financial Operations support manager for Community and
Human Services.
We have been working on the procurement. We provided
Public Utilities the information, and we are working now to just get it
developed, the procurement side of it, all the information so that we
can get that going.
COMMISSIONER LoCASTRO: Okay. So nothing did get
inserted?
MS. LOPEZ: Is hasn't started yet.
COMMISSIONER LoCASTRO: Okay. Got to really put the
hammer down on that, because, you know, the money's a ticking time
bomb, and we've got people out there. I thought that was a brilliant
idea because so many people get utility bills. It seemed like tha t was
really smart, and I'm, you know --
MS. LOPEZ: It is, but there's some procurement guidelines,
federal guidelines I have to follow.
COMMISSIONER LoCASTRO: Okay.
MS. LOPEZ: And so -- and sometimes that slows the process
down, but we are in line to move that forward.
COMMISSIONER LoCASTRO: Okay. Thank you.
CHAIRMAN McDANIEL: All right. There we are again.
All right. Did we vote? I don't think we voted yet.
COMMISSIONER TAYLOR: Yeah, we did, and then I
brought it up after.
CHAIRMAN McDANIEL: Oh, yeah, that's correct. We did
vote.
MS. LOPEZ: Thank you, Commissioners.
CHAIRMAN McDANIEL: Thank you, Commissioner Taylor.
July 12, 2022
Page 180
Item #11Q
AUTHORIZE STAFF TO ENGAGE AND DEVELOP A SCOPE
OF WORK WITH THE URBAN LAND INSTITUTE (ULI) TO
CONVENE AN UPDATE AND REVIEW OF THE 2017 HOUSING
PLAN AND PROVIDE GUIDANCE ON HOUSING POLICY
RECOMMENDATIONS; AND TO WAIVE COMPETITION
DECLARING THIS A SINGLE SOURCE SERVICE AND IN THE
BEST INTEREST OF THE COUNTY - MOTION BY
COMMISSIONER LOCASTRO TO APPROVE DEVELOPMENT
OF THE SCOPE OF WORK BY STAFF AND BRING BACK FOR
FURTHER DISCUSSION, SECOND BY COMMISSIONER
TAYLOR – APPROVED
MS. PATTERSON: Item 11Q, which was formerly 16D10, is a
recommendation to authorize staff to engage and develop a scope of
work with the Urban Land Institute to convene an update and review
of the 2017 housing plan and provide guidance on housing policy
recommendations and to waive competition declaring this a
single-source service and in the best interest of the county.
And Mr. Jake LaRow, your -- he's your Housing Manager.
MR. LaROW: Manager of Housing, Grant Development, and
Operations.
CHAIRMAN McDANIEL: Ah. That's quite a title.
MR. LaROW: Q.E.D., yes, sir. Thank you.
Good afternoon, Commissioners. Thank you for the
opportunity to quickly return to this subject. I just have a few slides
to go through, so let's get started.
So before I get into just kind of briefly providing the Board a
quick update on who the Urban Land Institute is and for the benefit
of the public as well, the reason we're back here for this particular
July 12, 2022
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meeting was during a housing update item that was presented to the
Board at the most recent meeting on the 28th, a number of the reports
that were recommended for adoption for the report or acception of
the report, what came out of that was a direction from the Board to
staff to revisit the Urban Land Institute and come back with an item
for recommendations and seek your guidance and direction on how to
move forward.
So that brings us here today. Real briefly, I just wanted to
identify who the Urban Land Institute is. So I'm not going to read
verbatim here, but the Urban Land Institute is a national non -profit
organization based out of Washington, D.C., and they were last
engaged with the development of services panel back in 2017, which
ended in the adoption of the Community Housing Plans, of which the
last four initiatives were on the agenda today and which were
continued to the next meeting in September. So that's the
background there.
Real quickly, just some highlights here in terms of progression
as we move through. You can see kind of where this started back in
October of 2016 where the Board approved the agreement.
Moving forward, again, as I mentioned, of all the initiatives and
identified recommendations that were adopted in the Community
Housing Plan, the last four initiatives will -- as it currently stands,
will be heard by this board in their first meeting in September. And,
again real quickly, bringing us most recently to the June 28th
meeting, at which there was some direction to not only revisit the
issue but also solicit the Affordable Housing Advisory Committee's
input on how to make a recommendation, excuse me, to the Board on
what their opinion was on moving forward.
Again, real briefly, I'll start off on the left. In the executive
summary we've identified some -- at least from the staff's perspective
on potential options for the Board to consider moving forward. But
July 12, 2022
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let me first preface that with the first item. Given that we haven't
completely addressed all the issues or at least considered all the
issues, or the Board hasn't, rather, of the original panel and the
adoption of the Community Housing Plan, at this point the staff
would recommend consideration, at which point those come back to
the Board and are ultimately either approved or denied, that there
would be an internal staff review composed of folks from
Community and Human Services, Growth Management Division,
other staff as directed by the County Manager's Office, to come back
with an item in the fall with the staff recommendations and ultimately
any kind of direction that the Board provides today at your discretion.
And based on some -- the relative quick turnaround in the
development of this item, staff has identified just a couple items for a
recommendation for proposals, which is basically a build-on, not a
repeat of original panel services that were selected four or five years
ago and really kind of building on that work in a review of what work
has been done. Maybe those recommendations that have been
adopted, and evaluation of how those are working. And, again,
wrapping that up in consideration of whether the Urban Land
Institute would be the appropriate vehicle or some other consultant or
other agency expert out there would be an appropriate vehicle as
well.
On the right you can see these are the AHAC recommendations.
The Affordable Housing Advisory Committee had their meeting
yesterday morning, and they discussed and they came up with three
of their preference of topics to be potentially considered should the
Board look to move forward with consideration of ULI or another
similar entity to take another bite at the apple, if you will.
As you can see here, the three items, one of them was
recommended to consider solicited input on what best practices might
be in terms of how to roll out, identify best practices for the one -cent
July 12, 2022
Page 183
surtax and the utilization of those funds for the Workforce Housing
Land Trust.
Number two is the evaluation of the Impact Fee Deferral
Program for affordable rentals. Again, real briefly, I know County
Manager Patterson had mentioned at the last meeting some of the
impediments, at least from the developer's perspective, about the
existing ordinance with the period of time for a deferral be ing 10
years. It really doesn't jive well with tax credit deals, bond finance
deals. And so AHAC has looked at that and recommended that
would be a topic for further discussion. And as well, AHAC
recommendation was a consideration of an ad valorem tax.
I do want to clarify that of the two directions from the Board
that was provided to staff to solicit feedback from AHAC at the last
meeting, one of them which was the 500,000 that was identified as a
potential funding source for FY2023, the AHAC did not take any
formal action through any kind of resolution or vote at that point for
any recommendation that it could bring back to present to the Board.
As an update, that would be something that we'll -- we have time.
That's going to be something that's going to be adopted, potentially,
in September, and that will be a future AHAC agenda item, and we'll
make sure that we get their input and direction to bring that back in
an advisory capacity at a future meeting.
And so the recommendation really is to authorize staff to engage
and develop a scope of work with the Urban Land Institute to
convene an update and a review of the housing plan. Again, given
some of the suggestions and some of the limitations potentially, this
is just a discussion to kind of fish out, have some discussions to see if
ULI is, indeed, excuse me, an appropriate entity to come back to the
Board sometime in the fall and revisit the issue.
So with that, that's the conclusion of my presentation. I'd be
happy to answer any questions.
July 12, 2022
Page 184
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So here's why I pulled it;
because I did want to have some discussion on it. Not that I was
against an updated panel review, but we did one in 2016, and 24
recommendations, some of them we took action on, some were
remaining.
My first question is, in 2016 do you know what we paid for that
panel review? Do you know offhand?
MR. LaROW: Yeah, it was 125,000.
COMMISSIONER LoCASTRO: Okay. So this is 135,000,
so -- and I know -- not to correct what you were saying, but I guess
maybe to make the point, I don't want another bite at the apple. I
want a new apple. So this is 135 grand of taxpayer dollars, and that's
going to give us a very valuable study, but a lot's changed since 2016,
and what we're voting on here is developing a scope of work.
So my concern or, I guess, maybe more of my request, and, you
know, or direction or whatever, is that the scope be very detailed and
very aggressive, and not that they look at this as we're letting them go
back and, for an extra 10,000 from what we paid last year [sic], take a
look at your review. Do not come back here with a panel review
from this group saying, yeah, they looked at it and they reiterated that
the four remaining things you guys didn't act on is what you should
act on. I mean, I can do that.
One of the things I was going to suggest is we take a look at the
2016 review, and before we hire this company, see if, you know,
we're smart enough to take a look at the review.
The reason why I don't agree with that now is because I had long
meetings yesterday with our County Manager, our deputy, with our
chairman of the Affordable Housing Advisory Committee and a few
others, and I liked what they had to say, that there is value in having
an updated panel review.
July 12, 2022
Page 185
But I -- you know, I want to make sure, for 135 grand, they're
not just doing sort of a re-summary. And the way that we make sure
of that is, as it says in here, the scope of work that we outline is we're
not asking them to take a second look at what they gave us in 2016.
We're hiring them again. They have their previous panel review
details to refer to, but we're looking for a fresh squeaky clean, you
know, not just sort of a review or a summary.
And if they think all they need to do is a review and a summary,
then I'd say we knock off a hundred grand and pay them 35-. You
know, I say that tongue in cheek, but I think you get my point, Jake.
And I know we're paddling in the same direction.
I did like, like I said, what I heard yesterday that the value of
doing another review, it's worth the investment. Let's just make it
clear, and that's what we're voting on is approving the scope of work,
that we make it as detailed and as aggressive and as strong as
possible.
So if a lot of these same people exist at ULI, they don't say, hey,
pull off the 2016 folder, let's give it a dustoff, you know, type an
executive review and then, you know, put in our bill for 135 grand.
And some companies do that. That was my only poi nt. And I'm
sure you're going to assure us that the scope of work will be just that,
very aggressive and detailed, and we will get our money's worth,
correct?
MR. LaROW: That's correct.
COMMISSIONER LoCASTRO: Yes, sir. Thank you.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. And I'd be in favor of this.
And I'll just say that the ULI is a -- it's a different thing. They're not
just consultants. I mean, I was part of the whole review panel that
really consisted of a bunch of experts that volunteered their time to
the ULI that came from all over the country, and I think it was a week
July 12, 2022
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long, right, or --
CHAIRMAN McDANIEL: Each one of us.
COMMISSIONER SOLIS: With each one of us and each one
of all of the different stakeholders in the community. I mean, that
was a long, long week. And I thought that the recommendations that
they came up with -- I mean, some of them were, yeah, we couldn't
even -- legally, we couldn't even talk about them.
But in any event, I think this is a -- I think it's time. It's six
years later. I think the process that the ULI uses is really in -depth,
and I think that -- assuming that they're going to -- they would
propose the same kind of a process, I think it would be a good
exercise and timely. I don't think we ought to wait. Because things
have changed, and I think that they would -- you know, if it's given
the right scope and the right framework, that it's something we should
look at. So I would be in favor of letting staff move forward and
coming up with a scope.
COMMISSIONER LoCASTRO: And I'll just echo, I concur
with that. I just want to make sure that we're sort of -- not sort of.
That we are hiring them again. We're not asking them for a
re-review of what they did in 2016. And they can do both for 135K,
but we're hiring them a second time, because as Commissioner Solis
has said, a lot of time has passed, and so we're looking for a re-hire
and a fresh report.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: One of the things I'd like you to
consider, if my colleagues agree, in the scope of work of ULI -- and I
think they could do it quite well -- is to bring the best practices of
reaching out into communities about the importance of affordable
housing. I think the issue of public reaction to it in this community
is probably one of the greatest impediments to it. And I think there
could -- we could have a clearer message. Maybe we couldn't, but I
July 12, 2022
Page 187
would be very interested in -- I don't think we're unique in this, but
maybe they could give us some light on this.
CHAIRMAN McDANIEL: Commissioner Saunders, do you
have anything before I go?
COMMISSIONER SAUNDERS: Yes. A question for staff.
This would authorize you to develop the scope of work and a contract
with ULI. I assume that this scope of work would come back to the
Board so we can massage it as we might deem appropriate. Is that
correct or incorrect?
MS. PATTERSON: Commissioner, that's correct. I've
already -- we've already had some preliminary conversations with
staff about the impressions of the 2017 -- 2016/2017 study that many
of us participated in, the things that we feel went well, the things that
we would do differently, and the change in a lot of the environment
here since that time. So I think we have a pretty good idea of what
we're looking for. But, yes, it will come back to the Board for your
final changes and approval before we move forward.
COMMISSIONER SAUNDERS: So the Board would have a
second bite at the apple to massage the scope of work. So with that
understanding, I'm supportive of doing this.
CHAIRMAN McDANIEL: Well, I can count noses here, but
I'm not in favor of doing this. I'm okay with having another look at
what it is that we're doing. I don't think we need to spend the money
to hire somebody to come tell us what we already need. I think we
have to explore the balance of the recommended Land Development
Code amendments that we've continued twice.
There was one -- and I would like for our staff to bring us
back -- because we pretty much went through all those
recommendations, Commissioner Solis, and got consensus of the
Board of what we could lean towards and weren't leaning towards at
all, and one of those is the expenditure of ad valorem as a reoccurring
July 12, 2022
Page 188
revenue source. And there wasn't Board consensus to go forward
with that, and it's popped back up again as a recommendation from
AHAC.
And so I don't think we ought to spend the money on hiring ULI
again. I would like -- I spoke with staff yesterday, and one of the
things that popped out of that original report to me was the every-
thousand-dollar incremental increase and the price of a home
precluded 133 people in our demographic from affording that home.
And I have asked somebody to verify that, where that came from, and
what that new number is, because our demographic has changed, our
income levels have changed, our housing prices have changed.
And so out of that -- out of that report, that's one thing that I
would like to have an update on, but that doesn't requisite $13 5,000
redo or undo of what it is that we're doing.
I understand Commissioner Saunders' request, which was very
apropos. Right now we're not approving hiring them. We're just
approving developing a scope of work. But I would prefer that we
not engage them at all. We go through the process. I actually have
some comments on 9A that I'll discuss under commissioner
comments with regard to how I perceive we should go forward with
it.
But I'm not in support of this item as it's being presented,
because the way I read this, we're obligating to spend 135,000 to
engage them.
And I'm about to lose battery up here, Troy, so -- and it's okay.
I'm quite capable of managing, I think -- I don't know, Commissioner
Taylor, she's a handful, but -- once I do lose battery, I'll -- you'll just
have to get my attention if you want to speak.
So, Commissioner LoCastro.
COMMISSIONER LoCASTRO: So I pulled it because I
was -- I was unsure of my vote. I wanted to hear the presentation. I
July 12, 2022
Page 189
did hear positive things yesterday that convinced me that, you know,
it would be worth the investment, although I think it's a lot of money
to spend, although, as Commissioner Solis, you know, points out,
2016 was, like, a million years ago when it has to do with housing.
One of the things I never agree with up here is -- and to use your
phrase, you know, we sometimes know how the vote's going to go.
My vote counts even if it's in a losing battle. I want to go on the
record as I thought it was bad idea, so, you know --
CHAIRMAN McDANIEL: You do that regularly.
COMMISSIONER LoCASTRO: Absolutely, you know.
Check the record on Great Wolf Lodge. Anyway.
So maybe I would ask you, Ms. Patterson, you know, you and I
probably had the deepest discussion. I basically looked you in the
eye and I said, is this worth the investment? What do you think?
Tell me a little bit, you know, the history that I don't have having sit
[sic] up here -- being up here in 2016 and even further. You know,
do you have some comment here regardless of how the vote goes?
I do want to preface it by saying Commissioner Saunders
reminding us that we're just voting on the scope of work, that scope
could come back here, and I could -- we all could say, you know
what, I had a change of plans or whatnot. So I -- you know, I'm
always in favor of taking a look at something that's not going to cost
us any money, and just giving the staff direction to take a look at the
scope of work is not hiring this company, right?
MS. PATTERSON: Right.
COMMISSIONER LoCASTRO: But having said that, why
don't you summarize a little bit about, you know, you were -- you,
basically, made some points where you said, you know,
Commissioner, I think it definitely is worth the money, and that -- it
echoed what other people had told me all day yesterday.
MS. PATTERSON: So, interesting. I have some different
July 12, 2022
Page 190
perspective on affordable housing, having spent time probably being
the -- what was considered the anti-affordable housing because of my
history with impact fees.
What we don't want out of this is to -- not to start with a
negative, but we might as well. We don't want another visit to
linkage fees or any other fees that we know that were either legally
prohibited or we have no appetite for or that it is simply just a
shifting around or shell game of money.
We don't want to be told what they do in New York or
California or places with a little bit different of a landscape than what
we have here. We need to bring in experts that are -- that have
knowledge not only of Florida but of Southwest Florida, our
particular demographic, our particular economic conditions that make
us quite unique in how we have to approach affordable housing.
ULI are experts. They can probably lend assistance provided
that the scope is developed in the correct way, to put parameters.
My experience with the 2016/2017 study was that it put a lot on the
table that was never ever going to be achieved. While great ideas for
some place, they didn't work here. Some things worked here, and
those are the things that we implemented.
We don't want to just open up the entire book here to throw
every idea at it. We've done that, and we've continued, frankly, to
do that through the first housing crisis prerecession and now visiting
again. I could regurgitate these conversations to you almost
verbatim but for the rental crisis.
So I have a compromise suggestion, and it is not that ULI can't
add value -- and it may turn out even with further conversations with
them that they will add value in a different way than 2016/2017 and
that it would be the perfect fit. But let us develop what we think our
needs list is for an activity like this and bring it to you. It,
essentially, would be the scope for ULI or for somebody else or just
July 12, 2022
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as a work item for staff, and let you have a look at it and make sure
that our views align. You're going to see the views of staff where
we know the pain points.
I described, I believe to you, Commissioner LoCastro, the
difficulties with the Impact Fee Deferral Program. It's not so simple
as we just waive fees. We know that that's a difficult item. But
there are ways forward. We haven't had tax credit projects in Collier
County for a very, very long time. So we need to work through what
that looks like and how we provide the proper matrix of
incentivization. That's just one example.
There are short-, mid-, and long-term solutions, and I think
everybody's goal here is to not be doing this again in 10 years, to
create some policies that will take us into the future and will help us
during really excellent economic times and bad economic times so
that we don't have these spikes.
So I would suggest kind of where you're heading is let us
develop this scope as if we were going to work with someone and
bring it back to you, let you review it, and then we'll decide, is that
right for you? And we'll have some further conversations with ULI,
because they may say, well, in that case you're too specific or that's
outside of kind of where our comfort zone is, and we may need to
look to hire on some additional help, different type, or we may be
able to handle it as staff.
COMMISSIONER LoCASTRO: I like that idea. Well,
unless -- I mean, there might be further discussion, but I make a
motion that we do exactly that, and bring us back the scope of work.
And whether we're going to do work with ULI or we're going to go in
a different direction, I think it would give all the commissioners up
here a lot more detail as to what we should do next. And it costs us
nothing to have the staff go through that homework assignment.
And, actually, I think with your guidance and your background,
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it actually would be a good learning lesson for our staff on how we
can do what we did in 2016 better in 2022. So I'd make the motion
that we do just that.
COMMISSIONER TAYLOR: I'll second the motion.
CHAIRMAN McDANIEL: And I'll support that motion.
COMMISSIONER LoCASTRO: Hey, you swayed
Commissioner McDaniel. Nice job, Amy. No, I'm just kidding.
CHAIRMAN McDANIEL: You went an entirely different
path, because we're not engaging.
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN McDANIEL: I'm sorry. Commissioner Solis.
Commissioner Solis.
COMMISSIONER SOLIS: Yeah. And, again -- right, I think
coming back with a scope and, actually, I think the ULI would be
good to talk to, because now they know. When they came here there
first time, we said, just, we want a fresh look at the whole thing.
CHAIRMAN McDANIEL: Do it.
COMMISSIONER SOLIS: So some of the things they came
up with, from a statutory or a constitutional basis, we just couldn't do.
I mean, let's just add two members to the Commission or something.
We just can't do things like that.
So now we can tell them, okay, these are the things -- just stay
away from these because we can't do this.
So I think it would be good to limit the scope and develop the
scope. But I will point out that we went through that process that
included all the stakeholders in the community, a lot of really smart
people, the ULI, all of us, our staff, and as a result of that process that
we had never really done before as far as I know, we have done a lot
since 2006 in terms of what we're doing --
CHAIRMAN McDANIEL: Sixteen.
COMMISSIONER SOLIS: I mean 2016 -- as a result of that.
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So, I mean, while some of them we just couldn't do because they
were structurally not things we could do, or legally things we couldn't
do, that was a really, I think, in hindsight, successful process. And,
yeah, we spent $125,000, but we've done more in terms of affordable
housing than had ever been done.
So I -- you know, I think let's come up with a scope that focuses
their intention on where we think we have some opportunities
and -- but I -- the ULI is -- that was a fascinating process, and I think
it was worth doing, and I think it would be worth doing again.
CHAIRMAN McDANIEL: Well -- and, again, I was, as you
are, impressed with what the ULI did for us, but I also believe that we
have an enormously capable staff. We haven't had a workshop yet to
engage the stakeholders with regard to -- I mean, there's a -- there's a
7,000 member Naples Area Board of Realtors out there who all of
them have a different opinion as to what we need to do with
affordable housing.
There are things that our staff knows we need to do. And like
you said, I mean, we've made some amazing strides in
accommodating housing affordability in our community. Strides -- I
mean, the extension of the whole period with density bonuses and
both in rentals and homeownership and the perpetually held
affordable status for the government for ones that we, the county,
have been expending taxpayers' money on and future projects that are
coming online.
So I certainly am okay with the engagement with our staff to
develop a scope of work, but for -- necessarily for everybody, not
precluding or excluding the ULI, but having our staff necessarily
come back and talk to us about what they feel that we, in fact, can do.
I'm okay with that. I'm okay with that, making an adjustment to this
item. I'll vote for that.
So it's been moved and seconded. I think, Commissioner
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Taylor, you -- Commissioner Saunders, I didn't preclude you, did I?
Oh, I did a little bit. Do you have a comment?
COMMISSIONER SAUNDERS: No. I think we're sort of
back to where we started, which was staff's going to be developing
some sort of a scope of work, whatever you want to call it, bring it
back to us, and then we can decide what to do with it, whether to try
to contract with ULI or someone else or just implement the things
that staff's going to come up with.
CHAIRMAN McDANIEL: Gotcha.
COMMISSIONER SAUNDERS: I think that's what the motion
is.
CHAIRMAN McDANIEL: That is -- that's correct. I think
the same thing.
So it's been moved and seconded that that's what we do. I won't
try to repeat it. So it's been moved and seconded. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER TAYLOR: So the challenge we have,
Mr. Chair, is that Terri's fingers are about ready to drop off. So can
we finish this?
CHAIRMAN McDANIEL: Again? Is it time?
COMMISSIONER TAYLOR: It's almost -- yeah, look what
time it is.
CHAIRMAN McDANIEL: Four o'clock. How many more
items do we have?
July 12, 2022
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MS. PATTERSON: We have two more items on the regular
portion of the agenda, and then we have public comment, if there is
any, and the commissioner general communications.
CHAIRMAN McDANIEL: Okay. Thirty minutes.
THE COURT REPORTER: I'm okay.
CHAIRMAN McDANIEL: We'll go on. And I'll quit at 4:30
no matter what and give you a break if we're not done. How's that?
That's pushing you out to almost two hours.
Item #11R
MODIFICATIONS TO TOURIST DEVELOPMENT TAX GRANT
GUIDELINES ON ALLOWABLE USES TO INCLUDE THE
COST OF PRODUCING A PERFORMING ARTS PRODUCTION
OR 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 - MOTION BY COMMISSIONER
MCDANIEL TO APPROVE AS PRESENTED, SECOND BY
COMMISSIONER TAYLOR – APPROVED
MS. PATTERSON: All right. We are to Item 11R, which is
formerly 16F3. This item was continued from the June 28th, 2022,
board 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 or
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
July 12, 2022
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that this program promotes tourism.
Mr. Paul Beirnes, your Tourism Director, is here to answer
questions.
CHAIRMAN McDANIEL: How do you do, Paul?
MR. BEIRNES: Good afternoon, Commissioners. For the
record, Paul Beirnes, Director of Tourism. And I brought along
John Melleky, who is our manager of arts and culture, in case you
have not met him. He has administered all of the grants process
since his starting in February and is here to answer any questions you
might have.
CHAIRMAN McDANIEL: And the only question -- and I'm
the one that pulled it, if I may go first. The only thing -- my
suggestion here is is I would like to see a not-to-exceed dollar amount
included in this.
MR. BEIRNES: Yeah, fair enough. And there is not a set
limit except for the budget itself. I will say that we have a
committee that, when we entertained and welcomed the grant
applications, the applications were north -- up around $1.2 million.
We actually had a budget of $950,000, and that prudent judgment or
management fell far short of even the budget. That's why we are
looking to go back out a second time.
We applied a really strict adherence to the fact that any grants
need to be able to generate tourism. So we raked through all of them
to make sure that, one, we felt that their application would meet that,
and pretty close to about 50 percent of the applications we pulled
back on what we felt would be justifiable expenses.
Now, based on that, this is agreed upon but they are paid after
the event with the provision of receipts indicating that they actually
did what they promised to do.
COMMISSIONER SOLIS: It's a reimbursement. So it's not
like upfront money that they get, and hopefully they've generated at
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the kind of activity that they've said. There's some review of it after
the fact before they get any funds.
CHAIRMAN McDANIEL: And maybe you can help me a
little bit, then, because it doesn't make me feel any better about the
reason why I pulled it, and that was with -- what do you do when
a -- I mean -- and maybe this is just naive of me. But if we engage a
company that claims they spent $2 million, and we're going to
reimburse for up to 50 percent of that or $10 million --
COMMISSIONER SOLIS: But there's limits.
COMMISSIONER TAYLOR: It's not a percentage.
COMMISSIONER SOLIS: One, there's limits on what we can
reimburse. It's very specific. And, two, they have to have receipts,
and they have to prove that they spent those funds. And the
approval is also based upon a calculation of what our investment is of
TDT money and what the return on that's going to be to the
community in terms of, you know, the overall spend from the
activity.
CHAIRMAN McDANIEL: Ancillary revenues.
COMMISSIONER SOLIS: Right. Hotel rooms, TDT
revenue.
CHAIRMAN McDANIEL: Talk to me about the front end,
though, because we're -- the way I'm reading this, we're exposed to
50 percent of those promotional costs as long as it derives a benefit
for tourism. How do we control the front-end expense?
COMMISSIONER SOLIS: No. There's also -- it's always a
fixed amount that we approve.
COMMISSIONER TAYLOR: Ten thousand dollars, $20,000.
CHAIRMAN McDANIEL: So their amount is approved in
advance --
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: -- of their expenditure, and then we
July 12, 2022
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reimburse up to 50 percent based on the TDC's agreement.
COMMISSIONER SOLIS: Exactly. And many times the staff
will come in and say they've asked for $10,000, but based upon the
numbers, you know, we recommend 5-. And so there's a very
detailed presentation on these things.
CHAIRMAN McDANIEL: Gotcha.
COMMISSIONER SOLIS: Yeah. It's not just 50 percent.
CHAIRMAN McDANIEL: Sorry for making you sit here.
MR. BEIRNES: No, that's absolutely fine. I appreciate that.
CHAIRMAN McDANIEL: Move for approval.
Commissioner Taylor.
COMMISSIONER TAYLOR: This is extremely important.
Up until this point, this could never be funded, and staff did an
extraordinary job researching and also our county attorneys to make
sure it passes the sniff test in terms of being able to allocate money.
This is one of the critical pillars of the arts, because the arts aren't just
paintings. They're performance. And if you can't offset costs for
performance, you can't apply for grants. You don't -- you know, it
becomes a difficult thing for the smaller company, so this is critical.
CHAIRMAN McDANIEL: Got it. Thank you. Appreciate it.
I made a motion for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: Commissioner Saunders, do you
have anything to say?
COMMISSIONER SAUNDERS: No, no. I support the
motion.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the item as presented. All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
July 12, 2022
Page 199
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. There we go. Thank
you.
MR. BEIRNES: Thank you.
Item #12A
THE ENACTMENT OF HB 105, WHICH IN PART AUTHORIZES
COUNTY GOVERNMENTS TO NOW REGULATE SMOKING
ON COUNTY PARKS AND BEACHES - MOTION BY
COMMISSIONER SAUNDERS TO BRING BACK FOR A
PUBLIC HEARING AT A BCC MEETING IN LATE OCTOBER
OR NOVEMBER, SECOND BY COMMISSIONER TAYLOR –
APPROVED
MS. PATTERSON: Item 12A is a discussion on the enactment
of HB 105 which, in part, authorizes governments to now regulate
smoking on county parks and beaches. County Attorney Klatzkow.
MR. KLATZKOW: Well, once upon a time you were
preempted from regulating tobacco in your parks and your beaches,
and now, with the exception of cigars, you are no longer preempted.
Mr. Mullins gave me the real story behind this, which isn't really
relevant to this. But in any event, you now have the freedom to
enact whatever ordinances you may deem to be appropriate with
respect to smoking on your beaches and your parks.
CHAIRMAN McDANIEL: Do you know why the cigars are
specifically prohibited?
MR. KLATZKOW: You know what, I would guess that
July 12, 2022
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somebody in Tampa probably said something, or Miami.
CHAIRMAN McDANIEL: From Tallahassee.
MR. KLATZKOW: Yeah.
CHAIRMAN McDANIEL: The previous speaker of the House
when that bill -- when that legislation came through.
COMMISSIONER LoCASTRO: So it includes all smoking
except for cigars. So pipes, you know, all -- I saw that it included
vape. So it's everything but cigars.
MR. KLATZKOW: Yeah. And you don't have to do
anything. It's the Board's pleasure if you want to regulate this or not,
and to the extent.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I had asked this to be
brought back just so the County Attorney could give us our options.
I pointed out in a lot of these beach cleanups, one of the largest
amounts of trash really is cigarette butts, and it causes all kinds of
problems for wildlife on the beaches as well. And I thought it would
be appropriate for us to consider banning smoking at our beaches and
in our parks, or at least have a conversation about it, and that's why I
had asked this to be put on the agenda and brought forward.
So I guess my point is, I'd like to kind of see where the
Commission is. If there's no interest in exploring this, great. If
there is, then we could set up a public hearing, get public comment,
and get the public's opinion as to whether or not this would be a good
idea or not.
COMMISSIONER TAYLOR: I would support that, a public
hearing on it. I would support that. I think that's a very measured
approach.
COMMISSIONER LoCASTRO: Yeah. I would as well,
because my initial thought was there's also lots of trash and beer
July 12, 2022
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bottles on the beach, but we don't ban eating and drinking. You
know, I understand banning -- and I'm not a smoker, but banning
smoking in restaurants, well, you're in a sealed environment. You
know, if you're sitting next to somebody at a beach who's smoking,
you can always move.
I mean, I'm making the opposite case for it. But I think the
beauty of a public hearing is we get to hear those sides from not just
us but the public and see if there's an appetite for it.
You know, they did a similar thing with straws because those
were dangerous to wildlife. They were plastic and whatnot, and they
banned straws. And now you go into any restaurant in Marco Island,
and they still give you a straw, but it's a biodegradable straw or
whatnot.
So, yeah, I would support having more discussion on it. Not
having the five of us do a knee jerk here with what we think. I
haven't heard one member of the public send me a note on it. And
I'm sure all the notes will be nonsmokers love it, smokers think we're
infringing on their rights, so -- and they both have a point. But I'd
support a hearing so that we could get a little bit more perspective.
COMMISSIONER SAUNDERS: Well, why don't we shoot for
a hearing at the latter part of October? We're going to be pretty busy
with budgets and everything in September. But more people will be
back in town starting at the end of October/November. Maybe that
would be a good time to schedule a public hearing at one of our
regular meetings, but well advertised, to see what the public thoughts
are on it.
CHAIRMAN McDANIEL: I'll second that motion for
comment purposes. And one of the things that I'd make a
suggestion, maybe if we have consent of the Board, is to do some
advertising and maybe -- because I am a reformed smoker, but I
never flicked my butts, and especially when I was in public places.
July 12, 2022
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And I always put them out and carried them away and disposed of
them properly. And I think if maybe we did a little advertising just
to try to initiate that practice of the people who are smoking on our
beaches -- because similarly, like you said, there's other litter and
food packages and bottles and cans and so on, and we're not out to
ban those. So I think interimly, before we actually have the hearing,
maybe we could instigate some signage or some education.
COMMISSIONER TAYLOR: We do ban bottles. We do ban
glass. No glass on the beach. No dogs on the beach. We have a
lot of what you can't do on the beach just for health, safety, and
welfare issues.
CHAIRMAN McDANIEL: Okay. So having said that...
COMMISSIONER SAUNDERS: I guess the bottom line is
that we will have some sort of a public hearing on the issue late
October or early November time frame just to gauge public interest
and get some input on it. And I'll make that as a motion.
COMMISSIONER TAYLOR: I'll second the motion.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we do, in fact, have a public hearing on this matter late
October or in our only meeting in November. Is there any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Okay.
July 12, 2022
Page 203
Item #15A
STAFF AND COMMISSION GENERAL COMMUNICATIONS –
ADDITIONAL PUBLIC COMMENTS
MS. PATTERSON: All right. That brings us to 15A, which is
the second portion of your public comments on general topics not on
the current or future agenda by individuals not already heard during
previous public comments in the meeting.
MR. MILLER: And we have none.
Item #15B
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: All right. Item 15B is Staff and
Commission General Communications.
We have a couple items from the County Manager's Office, if
you're ready.
CHAIRMAN McDANIEL: I'm ready.
MS. PATTERSON: One, just a reminder, as needed we do
have three dates for our absentia meetings. These items are
administrative during the summer work period and will be brought
back to the Board of County Commissioners for ratification should
the need arise to have these meetings. They will be slated on the
regular otherwise board dates of July 26th, August 9th, and
August 23rd.
Another note is we will be having a presentation by Comcast
when we reconvene in September regarding some options and
proposals for areas that don't currently have Internet service. This
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was directed by the Board, or interest was given by the Board as well
as Comcast. So we'll be looking forward to that presentation when
we come back in session.
And Commissioner McDaniel and I met with Mayor Heitmann
and the new City Manager regarding our beach parking interlocal
agreement. It was a very good meeting. We laid out a plan to look
at several items, including the costs of maintenance, some of the
things that they had indicated costs that had gone up, levels of
service, talked about parks, and came to the conclusion that we
believe, to be approved by both boards, that the prudent measure
would be to extend the parking -- the current interlocal agreement for
a period of six months, which would bring us to a point to work out
all of these details about the financials and other considerations in a
meaningful way and come back to the respective board and council
prior to what would otherwise be the next scheduled payment in
March.
So if the Board is interested in that or agrees, then we would
prepare that for the September meetings to just provide that limited
extension.
CHAIRMAN McDANIEL: And that was about a plan. We've
learned -- I learned that there's close to 30 plus/minus interlocal
agreements between the county and the city, and -- more?
MS. PATTERSON: Maybe even more than that, yes, sir.
CHAIRMAN McDANIEL: It might even be more than that.
And so the rationale was for a review of all those -- this particular
interlocal agreement has come to and fro multiple times with some
trying -- for lack of a better term, trying to come up with a nexus or
rationale for the payment at all. And so the goal here is to review all
of the interlocal agreements, continue on with the one that we have in
its present format. We have one more payment due on it in the end
of September anyway. We have two meetings in September. We
July 12, 2022
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can bring forward an agenda item for the extension of the existing
agreement. I would like to also see a report to this board, to our
board, with regard to the progress made so far on the other interlocal
agreements, and then -- and then be able to make a decision in that
six-month extension period.
So -- but I agree with what County Manager said as well. I
thought it was a very fruitful conversation that we had with the mayor
and the new City Manager.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes, sir.
COMMISSIONER SAUNDERS: If I might make a comment.
The six months seems to be kind of an arbitrary date. I guess that's a
date when another payment is due, the payments are due every six
months; is that where that six months comes from?
CHAIRMAN McDANIEL: It wasn't arbitrary by any stretch.
It was based upon that -- the existing interlocal agreement has two
payments in it, and there is a six-month mark in that interlocal
agreement.
COMMISSIONER SAUNDERS: Right.
CHAIRMAN McDANIEL: Yes, sir. So the goal is --
COMMISSIONER SAUNDERS: All right. The problem
with -- the problem with extending this interlocal for six months is
that it could expire in the middle of season. And I would ask -- I
think the payment we're making is 1.5 million. It's easy to divide
that into 12 monthly payments.
So I would rather see us extend this for nine months so at least if
there's a breakdown in conversations, we paid the 1.5 million divided
by 12 for the extra three months but we don't have a parking
arrangement that ends in the middle of the season, because I think
that that would just create a great deal of havoc. Quite frankly, if we
don't reach an agreement moving forward, you're going to have,
July 12, 2022
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literally, thousands of county residents with beach parking stickers
that aren't going to realize that on April 1st -- I guess that would be a
good April Fool’s Day. On April 1st or March 1st, whenever this
agreement expires, that they can no longer park without paying the
fee.
So I would ask that we consider, as a suggestion to keep things
moving smoothly for our citizens, that -- let's extend this for nine
months. We'll make the appropriate payments. That's not an issue.
That's easy to calculate. But perhaps avoid some real difficulties in
the middle of our tourist season and the middle of our season when
most of our residents are back.
CHAIRMAN McDANIEL: I certainly don't have any issue.
To be honest with you, Commissioner Saunders, while I was sitting
there -- while I was sitting in the meeting and listening to the
conversations, I thought that a 12-month extension was apropos. We
agreed with the mayor and the manager to a six-month extension
from the current termination which, effectively, is nine months,
including our summer work session, as everybody likes to refer to it.
But I'm okay with a nine-month extension. I'm just sharing
with you what the -- and the city has to vote on it as well. But the
city was -- the mayor and the manager were in consent of the six.
And we're going to come back with this item in September in
advance of the expiration of the current interlocal agreement. So I'm
okay with nine. If the County Manager wants to check with the City
Manager and see if they're okay with that, then I'm fine with that. I
truly thought that six months was a tight time frame given the
circumstances that we had to come up with, so...
COMMISSIONER SAUNDERS: Well, let me ask the County
Manager, Ms. Patterson, what are your thoughts in terms of whether
this would be acceptable to the city, again, to avoid the potential for
some problems during season?
July 12, 2022
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MS. PATTERSON: I can see the value of that, and it does give
us -- I would hope that we would be working to get this done sooner
rather than later; however, in the event that -- for unforeseen
difficulties, that extra time, so long as we were going to pay them on
a monthly pro rata share. We'll reach out to the city manager and
have a discussion with him, and I think we can work something out.
But, nonetheless, we'll be back one way or the other at the
beginning of September with a proposal to give us the time to work
through this. We have a lot of --
COMMISSIONER SAUNDERS: Okay.
MS. PATTERSON: -- a lot of things that have changed since
the 2008 then extended agreement was crafted, including the fact that
we have beach parking wound up with the use of city parks, and we
have a wide variety of amenities that have been built by the county
for county parks. So our situation's a little bit different and may
require a different view and maybe a departure back to this being
only related to beach parking spaces and not so much beach parking
spaces and parks and other stuff. So we'll be back the first meeting
in September.
COMMISSIONER SAUNDERS: Okay. Well, see what you
can do about getting it a little bit longer just to avoid that potential
problem. Thank you.
MS. PATTERSON: Of course. And if we have any
difficulties with these communications, we can always reach out to
you individually or as a one-way communication should we need to
address something between now and the beginning of September.
And then my last item, if we're ready, is just the presentation
today as part of Item 5 brought up an interesting question, and that's
time limits for presentations. So we do implement a three -minute
time limit on public comment and a 10-minute time limit on public
petitions, but presentations don't have an articulated time limit.
July 12, 2022
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A lot of times presentation items are ones that are here for
information or for things like the Business of the Month where
they're short, but you do have folks that want to come in and make a
lengthier presentation. It may be appropriate, so everyone
understands the rules of engagement, that we have a time limit on
presentations, because things that staff brings on as presentations that
are going to be lengthy really should be regular agenda items
anyway. So it would leave that presentation section for true
presentations.
COMMISSIONER LoCASTRO: Let me just ask you a
question on that. So the presentation that we had that went long,
who made the judgment call that that should be a presentation versus
three minutes at the podium? Because, I mean, we have a doctor
that comes here every single meeting, and I'm sure he'd love a
10-minute presentation on COVID and vaccines and whatnot, but it
does seem more appropriate that we give him three minutes, and a lot
of times we give him some discretion.
You know, that particular presentation, I'm not making a
comment on its content, but it just seemed like I was surprised that it
was elevated to the, quote, presentation level and not, hey, you want
to come here and make a statement about how you feel about a, you
know, particular law or ruling or whatnot. You know, that's what
public comment is for.
Did that one fall through the crack? Was that one that, you
know, was nominated by a commissioner or whatnot? I just -- we
were all sitting here sort of maybe -- some of us hearing it for the first
time and wondering why.
And then as I said to you, separate from the topic, you know,
we've got Mr. Trachtenberg, who's actually representing the
Affordable Housing Advisory, you know, Committee. He's trying to
be here to give us advice, and we keep, you know, squeezing him into
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the three-minute public comment when, you know, he really has
some presentations to give and has been sort of frustrated at times,
although I mentioned that to you, and I actually did talk with him
today about options he has at his disposal. But this one was a little
bit confusing. Is it worth discussing as to how this one fell through
the crack? Or maybe it didn't; it didn't fall through a crack. Maybe
it was nominated, and it was approved --
MS. PATTERSON: Yep.
COMMISSIONER LoCASTRO: -- and it was just -- you
know, I sort of missed it as I was going through my slides.
MS. PATTERSON: So the presentations can receive a Board
sponsor, and they get onto the agenda that way.
COMMISSIONER LoCASTRO: Okay.
MS. PATTERSON: They are reviewed by our communications
group to, you know, make sure that it's not something that's going
to -- not that a commissioner would represent something that's
offensive, but we had to make sure that it, you know, checks the
boxes of something that can be a public presentation.
But there's all sorts of items that come on as presentations and
so, perhaps, putting a few more parameters around it is a good idea as
well as a time frame so everybody can sort of modify their
presentations to meet our time requirements.
Secondly, you make a good point about Mr. Trachtenberg. Him
going on public comment probably isn't the right place for him
because almost everything he touches is going to be heard at a future
meeting. So I think we've laid out an option for him. He's got a
couple of avenues. And presentation -- just like the Productivity
Committee did, another great example of a presentation, they put a
presentation together, Commissioner Saunders asked for it to be put
onto the agenda, and then they came and then presented it.
I think we're looking to maybe refresh our view on that a little
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bit and make sure what we're slotting into presentations belong there,
but secondly is just making sure everyone understands the
expectations. Once they come to the podium, they have 10 minutes,
five minutes, seven minutes, whatever you all feel is appropriate, but
also that's only fair to the presenters, because if they feel like they
have an unlimited amount of time, that's not fair to them to come in
here and have us tell them --
CHAIRMAN McDANIEL: There was miscommunication. I
was under the impression that they were 10 minutes. She said she
had emails that said they were 20 minutes. And I'm not quite
sure -- there again, typically presentations are nominated by a
commissioner, and I certainly have never stood in the way of
anybody's wish to have a presentation put on. So I'm not quite sure
how those folks ended up in that time slot.
COMMISSIONER TAYLOR: They ended up in that time
frame because they came and asked me if I would underwrite or
recommend them for a proclamation. Within that proclamation,
there were a lot of facts and figures that couldn't be substantiated.
My suggestion is, if they wanted to give this information to this
community and this commission at a whole, they come and
substantiate --
CHAIRMAN McDANIEL: It was you.
COMMISSIONER TAYLOR: -- their claims. I'm the one
who said 20 minutes because that's what I remembered, 20 minutes.
CHAIRMAN McDANIEL: I gotcha.
COMMISSIONER TAYLOR: That's why.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes, sir.
COMMISSIONER SAUNDERS: Oh, I'm sorry.
COMMISSIONER TAYLOR: Go ahead.
CHAIRMAN McDANIEL: Go ahead, sir, Commissioner
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Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, just my two
cents worth, I don't think the general public should be able to make
presentations under that item unless it is specifically sanctioned with
name, with a commissioner, so that we understand that it's a
commissioner that's authorizing this; otherwise, we're going to -- we
could lose, kind of, control of our meetings, because there are a lot of
different people that would make a lot of different presentations on a
lot of different subjects, and we're trying to accommodate the public
in terms of public comment, but we also want to be able to control
our meetings. That issue today would have been more appropriate,
in my view, under a public petition or -- let's see. What do we call
it? Yeah, we call it public petitions. And I think we give people
seven minutes.
MS. PATTERSON: Ten minutes.
CHAIRMAN McDANIEL: Ten minutes.
COMMISSIONER SAUNDERS: Is it 10 minutes?
MS. PATTERSON: Yep.
COMMISSIONER SAUNDERS: And I think even there we
have to be careful, even if it's a public petition. Because you get
three or four of those, at least it's limited to 10 minutes. At least we
have some control over it, but under presentations it just seems like
those can go on for a very long time, and that should really be
reserved for just commissioners and staff using that for official
business, and then this type of item should be under public petition
where it's clear that there's 10 minutes, whatever time frame we want
to have.
But I was -- I was at a loss as to why that was on the agenda this
morning, and I didn't understand that it was a
commissioner-sponsored item.
CHAIRMAN McDANIEL: Well, I agree with you,
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Commissioner Saunders. There again, I just assume when it goes
through that there was a commissioner that was asking for that
presentation. And I knew you, Commissioner Taylor, had a
relationship with them. So I think in the future we should -- if a
presentation is brought forward, a commissioner should sponsor that.
And I think we -- I would prefer -- I don't mind having a set time of
10 minutes. I mean, we do three and seven and 10 minutes for other
things and have -- and I'm going to publicly apologize to Kathleen,
because I didn't realize that she had been told 20 minutes in advance.
You actually looked at me, and I thought you were wanting me
to move her along, so I assumed -- because they were at about 16, 17
minutes when I interrupted her. So I was under the impression that
we only had 10 minutes allotted for those in my -- so my personal
apology for interrupting that presentation, so...
COMMISSIONER TAYLOR: Well, let's just set it. If it's 10
minutes, it's 10 minutes.
CHAIRMAN McDANIEL: I'd like to see us, again,
commissioner sponsored on the agenda item and a time limit of 10
minutes.
COMMISSIONER LoCASTRO: And I think put the name of
the commissioner only because when the presentation was over and
we took the first break, press ran up here, and Commissioner
McDaniel and I were the only two up here, and they were asking us
for our comments or whatnot. If they would have gotten the agenda
a day prior, they would know, you know, Commissioner X was the
sponsor, whether it was Commissioner Taylor or somebody else and,
you know, they would know who to follow up with better than just
sort of grab bag, so at least it tells who the point of contact is.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Well, I was just going to make a
suggestion, because there's a lot of these kind of board meeting
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policies that are just kind of out there and, you know, having been
chairman myself at one time, it would be really helpful to have all
those in a book, you know, something that the new -- that a new
chairman gets that says, okay, public comment is this, this is this, this
is this, this is how the meetings go. And this is part of why I keep
bringing up the having some more clarity on, you know, decorum and
things in the meetings so there's some uniformity to it, because it's all
kind of unwritten as far as I know, and, you know, there's a lot of
ambiguity there. So that's just a suggestion.
CHAIRMAN McDANIEL: Maybe you can give us an update
when we come back in September with those delineations. I mean,
it -- it is a minute ambiguous.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN McDANIEL: I don't disagree. But, I
mean -- and there again, I incorrectly thought that the presentations
were 10 minutes long. So that was my error today, so -- from going
forward, they will be commissioner sponsored, and they will be 10
minutes, and we'll add that to the written list of --
COMMISSIONER LoCASTRO: We'll also use discretion that
even if a commissioner says I want to sponsor this one, you know, it
will be a discussion that they have with you. So if your suggestion
would be, wow, this is an organization that, boy, there's 500 other
organizations that, you know, we might be setting a precedent here
where public comment is maybe a better fit, that you'll have that
conversation with the commissioner. And I'm just saying that
generically. Not to grade this one, but --
MS. PATTERSON: We definitely will. And we do the same
with the proclamations. And I was under the same impression. I
did look at Troy and asked him if he'd started the clock for the
presentation. So point well taken. We'll work on this as part of our
summer work program.
July 12, 2022
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COMMISSIONER LoCASTRO: Our September meeting's
going to be huge. Everything's like, oh, September. Yeah, we'll do
it in September.
CHAIRMAN McDANIEL: Commissioner Saunders is going
to call an extra meeting and solve the affordable housing issue in
August, I think. I thought I heard him say that two weeks ago, didn't
he?
COMMISSIONER LoCASTRO: Yeah.
MS. PATTERSON: That's all we have.
CHAIRMAN McDANIEL: Oh, that's all you have, okay.
How about our County Attorney?
MR. KLATZKOW: We have all these in resolutions that
nobody can ever find. Not a joke. Not a joke. If you want, I could
work with the County Manager and put together in an ordinance form
where everybody can find them. But they are written, sir. They're
just, like, 1998 on this or --
COMMISSIONER SOLIS: Right. I mean, or just put them in
a book so we have them.
COMMISSIONER TAYLOR: Clean it up.
MR. KLATZKOW: We'll clean it up for you, sir. But nothing
else.
CHAIRMAN McDANIEL: Outstanding.
To that end, Commissioner Solis. Oh, you know what, let's do
Commissioner Saunders first since he's online and been very patient.
COMMISSIONER SOLIS: Absolutely.
CHAIRMAN McDANIEL: Commissioner Saunders, would
you have any comments for us?
COMMISSIONER SAUNDERS: Only that I hope that
everybody has a nice little break here. I know staff's got a lot of
work to do. I'm looking forward to those interim reports and things
that we'll be taking a look at in the fall. And we did a lot of good
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work this year, and I just want to congratulate the Board and our staff
on, I think, a lot of success for this past fiscal year.
CHAIRMAN McDANIEL: Well, thank you, sir.
Now we'll go to Commissioner Solis.
COMMISSIONER SOLIS: Real quick. I just wanted to take a
moment to draw attention to -- there's a new nationwide suicide
prevention hotline. It's being rolled out. It's 988. When
you -- people can call or text or chat 988. They'll be connected with,
you know, a free confidential counselor hopefully to, you know, help
people that are in crisis. Research actually shows that that is helpful
in helping people that are in a suicidal kind of a crisis.
And so to that end, in September I'm going to sponsor a
proclamation for National Suicide Prevention Month. Based on last
year's numbers, in the 63 days between today and that meeting, over
530 Floridians will die of suicide. I mean, it's an alarming number
that -- and that includes, you know, 10 right here in Collier County.
So I'd like to just bring some attention to that as part of what we're
trying to do in Collier County. And hopefully we can figure out a
way through our staff and our communications -- I'm looking for
Mr. Mullins -- that we get the word out about that 988 prevention
line.
CHAIRMAN McDANIEL: If you would send a one-way
communique out. I know I have a -- you know, I have a web page
that we put out all public information on, and I'll also bring it up at
the Evening with the Commish tomorrow night.
COMMISSIONER SOLIS: Angela will send around the flyers
and everything for that.
CHAIRMAN McDANIEL: Perfect.
COMMISSIONER SOLIS: And other than that, just to wish
everyone a --
COMMISSIONER TAYLOR: A nice break.
July 12, 2022
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COMMISSIONER SOLIS: -- a working summer, although free
from us.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: A few of us have been
working behind the scenes and in front of the scenes with Southwest
Florida Water Management District and a couple of other agencies to
try to get our hands around this rock-crushing lot. I just wanted to
put our County Manager on the spot -- but she's never on the spot.
She already has all the details -- to just give us sort of a short version
of what the latest is, because there has been some progress made. So
I thought -- I know you're always prepared, and you were in the
middle of these discussions. I've been burning the candle at the
other end. I'm sure Commissioner Saunders has been making some
calls as well. But I know some progress has been made. So if you
give us a short version.
MS. PATTERSON: Sure. So part of the difficulty has been
the kind of -- it's a chicken and egg. You can't do anything about the
site because we don't have Water Management District permits. It's
going to take a really long time to get Water Management Distric t
permits. You can't do anything about the site. So working with
Jeff's office, we had a productive call a few weeks ago with the
Water Management District who proposed a different way to at least
deal with the site in the short term while they also work towards their
longer-term goals of getting an ERP.
So this would provide the ability to do -- a permit that would
provide the ability to do some limited activity on the site specifically
to do with what they call grading and filling, but it would allow them
to address the rock which, up until now, was being considered
construction activity and, therefore, they need a permit, can't get a
permit.
So our staff has been working since that point in time getting the
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needed information to assist the engineer for the site, the outside
engineer for the site with all the materials that they need to be able to
provide that permit -- apply for the permit for the Water Management
District, get it, and then be able to begin the rock crushing.
They did have a pre-application last week for this permit and are
doing some surveying and are anticipating that they will be able to
submit a permit hopefully next week. Our staff over from our North
Horseshoe offices have been in contact and have been assisting along
with that engineer.
So they are engaged and have also volunteered to review that
application before it's submitted to the Water Management District
with the best chances that it goes in as a clean application with not a
lot of comments.
We also have a commitment from the Water Management
District when they review this that they're going to help to whatever
extent they can to expedite their reviews and move this thing along.
They understand the serious nature of what we're dealing with here.
COMMISSIONER LoCASTRO: And I would just reiterate,
let's make sure we continue to have presence on that site so that the
silt fence isn't falling down in the wind and the weeds aren't growing
and, you know, we've sort of sent our team out there several times
when, you know, we've had reports, and some of those reports have
come from me doing a drive-by and whatnot, that we stay as
proactive as possible.
And even though we might not be meeting in the summer,
anything you can do, especially to keep me updated, because I've
been trying to squeeze different agencies, and you have, too, and
we're starting to get a little bit of momentum here. But I know I still
have some town hall meetings with different communities that
surround that lot, and I want to be able to keep them as up to date as
possible and put the latest in the newsletter as well when it goes out,
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so thanks.
MS. PATTERSON: Of course. We'll ask the North
Horseshoe team -- we'll also update you as they receive updates.
COMMISSIONER LoCASTRO: Great. Thank you.
MS. PATTERSON: You're welcome.
COMMISSIONER SAUNDERS: Mr. Chairman, could I make
a comment on this issue as well --
CHAIRMAN McDANIEL: Of course.
COMMISSIONER SAUNDERS: -- real quickly? We have
Code Enforcement that I believe is imposing or has provided notice
and will be imposing fines on the property owner. And I guess this
is a question for Amy Patterson. Am I correct in that? I know that
we were looking to do that, to put the pressure on everybody to move
this thing along. Is there an update on where we are with Code
Enforcement?
MS. PATTERSON: Mr. French is actually walking to the
podium right now to give you an update on Code Enforcement.
MR. FRENCH: Thank you, Commissioners.
COMMISSIONER SAUNDERS: Because I think, quite
frankly -- I think, frankly, keeping pressure on the property owner is
really the only way we're going to get a resolution of this thing
quickly.
MR. FRENCH: Yes, sir. Commissioner, for the record, Jamie
French.
I spoke with the engineer just out in the hallway a few minutes
ago -- I'm sorry -- about an hour ago, and we do have open Code
Enforcement fines. The fines are accruing. Mr. Ossorio, our Code
Enforcement director, is working that.
We anticipate, based -- from Mr. Minor's report, as the County
Manager has indicated, that they expect that they will have their
surveying completed today and their permit in by the end of the
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week, if not the first of next week.
So we anticipate a much quicker turnaround thanks to your help
and your guidance and the Board's guidance as well.
COMMISSIONER SAUNDERS: Quick question on the Code
Enforcement fines. Are they accumulating at a rate of $250 a day or
$500 a day?
MR. FRENCH: Commissioner, you've caught me flatfooted. I
will get you the information and report back to your office.
COMMISSIONER SAUNDERS: Okay. No urgency on that.
I know that first offense, I believe the statute provides for a $250, and
then for subsequent offenses, you can go up to $500. So whatever it
is, I understand we're constrained by what the statute says. But I
was just curious as to what that number may be. Thank you.
MR. FRENCH: Thank you.
CHAIRMAN McDANIEL: There we go. Are you good?
COMMISSIONER LoCASTRO: Yes.
Commissioner Taylor.
COMMISSIONER TAYLOR: Just a couple things. First of
all, I do have the special permit event application that Naples Pride
gave to the city, and I'll send this -- give this to you, plus an incident
report. This morning we heard testimony that they were selling
munchies, that they did not adhere to the contract, that they
advertised as a family event, they did not adhere to the contract again
and again.
I think the issue is whether it really was a family event or not,
and that is something I don't want to get into. But, clearly, this, for
me, underlines the importance of having staff review this kind of
activity. If this was under the county regulations, the permit to even
have a Naples Pride event would not even come before the
Commission, and that is one thing that I think we need to address
going forward. They did talk about -- they did talk about
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performers, but they didn't specify it.
So I just want to put this on the record. The allegation that they
were selling illegal substances was investigated right away by the
Naples Police. Their report is in here. That seems not to have
happened based on certain licensing and things like that. But I really
think it's important, considering the City Council's on break and we're
on break for two months, that we just put this on the record, and I
will have copies here.
And then, finally, I think it's -- I think -- you know, and I don't
want to beat a horse that's already left the barn, but if our code says
something and it gives regulations about something that's written in
our code, that clearly there's repeated violations of that code.
Whether it's a state-run facility or not, we can go in and enforce our
code. But I just wanted to -- specifically talking about the Collier
County Housing Authority and Farmworkers Village. I think there's
some things going on there. And when we get the budget, as you
said, Mr. Chair, about the DAS and what it's costing, I think we really
have to look at this, because I think there's people abusing a situation
which, unfortunately, is costing our taxpayers a lot of money.
Thank you.
CHAIRMAN McDANIEL: Okay. And as I said, when we
come back in September, I'll give you a report on that as to what I
found out.
COMMISSIONER TAYLOR: Oh, specifically with that?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: Okay, good.
CHAIRMAN McDANIEL: Absolutely. I've been
instrumental in assisting Mr. Kemp to get into our old DAS facility in
Immokalee and offsetting the expense and the burden of Collier
County's taxpayers for all of the indiscretions that have been going on
in Immokalee for quite some time. And there may be, I think -- I
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don't know. I haven't reviewed leases in quite some time, but there
is some language in there that talks about whether or not people are
allowed to have pets and what they can and can't do and so on and so
forth when they're involved with subsidized housing, so we'll find
that all out.
I have two points I want to make. First of all, I have had
communication with a tower -- a cell tower construction company,
and Mattaniah Jahn has been before us, and she is representing this
firm. They are working on a master lease for all of Collier
County-owned properties. And it's a bit of a -- it's an interesting
puzzle, because the individual cell companies have proprietary
coverage maps that they'll show you, but then they take it back. And
so it's really difficult for us as a community and with such a heavy
reliance as a public service need on cell service coverage to be able to
develop any kind of a master plan per se.
So one of the locations that screams for a tower site is the PUD
at Orangetree. And our government-owned facilities -- we have a
wastewater -- water treatment plant, we have the Big Corkscrew
Regional Park, we have the fairgrounds out front. And so there is a
requisite there -- because that cell tower is specifically denied in that
PUD at Orangetree.
And so we have to -- I've talked to staff, and with Board
direction they can initiate a PUD amendment to change that and
allow for that use to be afforded on the government lands that we
already own out there.
So with your indulgence, I'd like to give direction to staff to
initiate that PUD amendment process so that we can explore the
location of the cell tower out there. Here you come. Did I mess
something up?
MR. FRENCH: Thank you, sir. We would only ask that it be
clarified to that particular parcel.
July 12, 2022
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CHAIRMAN McDANIEL: Yes.
MR. FRENCH: Okay. Thank you. Just for clarification.
CHAIRMAN McDANIEL: You want clarification. I thought
I was pretty specific on the land that we already own: Fairgrounds,
recycle center, park and/or the wastewater facility.
MR. FRENCH: Thank you, sir. Pardon me.
CHAIRMAN McDANIEL: Okay. That's the lands that we're
talking about. And -- well, you know what, Jamie, I'm glad you
brought that up, just because Orangetree is a big PUD, and the folks
that live in some of the residential areas might get wound up about a
change on something in their backyard, so -- and it's only on the
government-owned land up on the north end. So we will go ahead
and initiate that PUD amendment process.
I brought it up once during the discussion, you know, and it has
to do with the housing affordability circumstance. And I really,
really think we ought to have a workshop on 9A and affordability at
large, so if the Board is in consent on doing tha t. And it certainly
would help me feel better if we do engage or decide to engage -- the
Board decides to engage a consulting firm to come tell us what we
already know. We will have at least exhausted the public input
process and see if we can derive a benefit from the experts that live,
work, and play here in our community in advance of that
engagement. So I would like for us to do that.
MS. PATTERSON: Are you looking for a September
workshop?
CHAIRMAN McDANIEL: October is fine.
MS. PATTERSON: October. Okay. We'll find a date.
CHAIRMAN McDANIEL: September's a busy month.
MS. PATTERSON: I thought so, too.
CHAIRMAN McDANIEL: We've got our budget hearings
during that period of time, and then our Board meetings starting back
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up. So I think if we try to schedule one in October, that would be
just fine.
Last, but not least, Commissioner Solis, you never answered my
question from before with regard to the TDC.
COMMISSIONER SOLIS: You know --
COMMISSIONER TAYLOR: What?
COMMISSIONER SOLIS: I feel like just saying, I'm not dead
yet. I mean, I'd like to continue, and --
CHAIRMAN McDANIEL: And that's totally fine.
COMMISSIONER SOLIS: -- you know, and finish my term.
CHAIRMAN McDANIEL: I asked the question two weeks
ago, and I didn't expect an answer then. And I certainly wasn't on
any premise that you're dead by any stretch of the imagination. But I
waited specifically until you weren't on the ballot anymore and
weren't physically coming back.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And so before I go to my
colleague, who's sitting down here shaking her head in a negative
manner, I needed to have your acquiesce to that process one way or
the other, so...
COMMISSIONER SOLIS: And I appreciate that. Yeah, I had
forgotten about that. No, I mean, you know, I've got a handful of
meetings left. I'd like to -- I'd like to complete my --
CHAIRMAN McDANIEL: Enough said.
COMMISSIONER SOLIS: -- my term on the TDC and feel
like I finished what I agreed to do when I was appointed to that.
CHAIRMAN McDANIEL: And I'm totally fine with that. We
never -- we never finished the discussion.
COMMISSIONER SOLIS: No, you're right. I should have
brought that up.
CHAIRMAN McDANIEL: No, no. You didn't. I did. As
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long as we get it covered.
And, Commissioner LoCastro, you hit your light, but my
battery's dead.
COMMISSIONER LoCASTRO: Did you have your light on
first?
COMMISSIONER TAYLOR: No, I have nothing.
COMMISSIONER LoCASTRO: Okay. Well, then I'll beat
him up for both of us. I think the way the process should work isn't
who gets to the commissioner first who's leaving. I think
Commissioner Solis should finish out his, you know, term -- and I'm
not giving that direction. I concur with you. And I believe that the
process should be how it is for all the committees. When we have a
vacant seat, you know, we have it as discussion. And there might be
several commissioners that are interested in serving on the, you
know, Tourist, you know, Development Council. So it shouldn't be
that you thought of it first, and are you guys going to work a drug
deal and a handshake.
CHAIRMAN McDANIEL: You're misinterpreting the process.
COMMISSIONER LoCASTRO: I must be.
CHAIRMAN McDANIEL: Yes, you are, absolutely. I had
expressed an interest in it before, and Commissioner Solis asked to
stay on, and I was totally fine with that.
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: I cannot approach you or the
balance of my colleagues until he acquiesces the seat. It wasn't that I
thought of it first. It was something that I've wanted to do for quite
some time.
COMMISSIONER LoCASTRO: Okay. And I've wanted to
do it, and Commissioner Saunders has wanted to do it, and
Commissioner Taylor, I think, expressed an interest.
COMMISSIONER TAYLOR: I could do it again.
July 12, 2022
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COMMISSIONER LoCASTRO: Could you?
COMMISSIONER TAYLOR: Yeah, I could.
CHAIRMAN McDANIEL: And until he acquiesces the seat,
none of us can have the discussion who can or cannot be. He's
chosen to stay, and I'm totally fine with that. I wasn't trying to get to
the gun or jump the gun on anybody.
COMMISSIONER LoCASTRO: All right. So you've placed
your advertisement that you're interested in competing for the
position, and we all have heard that twice.
CHAIRMAN McDANIEL: Did you --
COMMISSIONER LoCASTRO: Right, Commissioner Taylor?
CHAIRMAN McDANIEL: Did you write that down?
COMMISSIONER TAYLOR: Twice. One meeting after
another.
CHAIRMAN McDANIEL: The question is, did you write that
down?
COMMISSIONER LoCASTRO: I have it right here.
COMMISSIONER TAYLOR: I don't know, do you think we
should ask Commissioner McDaniel what committees he'd like to sit
on at the beginning of the year?
CHAIRMAN McDANIEL: We'll have this discussion in
January when we appoint all of those committee appointments.
With that, I'll see you in September.
*****
****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 - Continued to the September 13, 2022, BCC Meeting
July 12, 2022
Page 226
(Per Agenda Change Sheet)
RECOMMENATION FOR STAFF TO BRING BACK AN
AMENDMENT TO ORDINANCE 2013-57, THE
ADMINISTRATIVE CODE FOR LAND DEVELOPMENT TO
ADDRESS AN EXPRESSED CONCERN FOR PUBLIC SAFETY
REGARDING MEETING DECORUM, LOCATION, AND
VIRTUAL OPTIONS FOR NEIGHBORHOOD INFORMATION
MEETINGS
Item #16A2
NO FURTHER ACTION WITH RESPECT TO A PUBLIC
PETITION REQUESTING THAT COLLIER COUNTY AMEND
THE LAND DEVELOPMENT CODE TO ALLOW
HOMEOWNERS TO UTILIZE ARTIFICIAL TURF ON AN
ENTIRE PROPERTY
Item #16A3
RECORDING THE FINAL PLAT OF VALENCIA GOLF AND
COUNTRY CLUB – PHASE 1B (APPLICATION NUMBER
PL20210000284), APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT,
AND APPROVAL OF THE PERFORMANCE SECURITY IN THE
AMOUNT OF $784,192.26
Item #16A4
RECORDING THE FINAL PLAT OF CADENZA AT HACIENDA
LAKES OF NAPLES, (APPLICATION NUMBER
July 12, 2022
Page 227
PL20210002998), APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT, AND
APPROVAL OF THE PERFORMANCE SECURITY IN THE
AMOUNT OF $987,406.75
Item #16A5
RECORDING THE FINAL PLAT OF PALISADES
(APPLICATION NUMBER PL20210001721), APPROVAL OF
THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT, AND APPROVAL OF THE
PERFORMANCE SECURITY IN THE AMOUNT OF
$1,207,819.47 – PROJECT COST TO BE BORNE BY THE
DEVELOPER
Item #16A6
FINAL PLAT OF GROVES AT ORANGE BLOSSOM, PHASE 2
(APPLICATION NUMBER PL20210003033), APPROVAL OF
THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT, AND APPROVAL OF THE
PERFORMANCE SECURITY IN THE AMOUNT OF
$3,945,253.40 – PROJECT COSTS TO BE BORNE BY THE
DEVELOPER
Item #16A7
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR NAPLES LAKES COUNTRY CLUB,
July 12, 2022
Page 228
PL20220003383– FINAL INSPECTION CONDUCTED ON MAY
19, 2022, FOUND THE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE
Item #16A8
TERMINATE A PERPETUAL NON-EXCLUSIVE BOAT RAMP
ACCESS AND MAINTENANCE EASEMENT GRANTED TO
COLLIER COUNTY FOR MAINTENANCE OF THE SR-29
CANAL ESTIMATED FISCAL IMPACT: $18.50 - SOURCE OF
FUNDING IS STORM WATER FUND 103 COST CENTER
172929
Item #16A9
AN EXTENSION FOR COMPLETION OF REQUIRED
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH
WINDWARD ISLE (PL20140000741) SUBDIVISION PURSUANT
TO SECTION 10.02.05 C.2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) – ALL FEES ASSOCIATED
WITH THE ORIGINAL APPROVAL HAVE BEEN PAID
Item #16A10
TRANSFER OF COMMERCIAL EXCAVATION PERMIT 59.251
(PL20110002486) FROM SUNNILAND MINE TO QUALITY
ENTERPRISES USA, INC., ACCEPT THE EXCAVATION
PERFORMANCE AGREEMENT AND THE EXCAVATION
PERFORMANCE BOND IN THE AMOUNT OF $1,000,000
Item #16A11
July 12, 2022
Page 229
RELEASE A PERFORMANCE BOND IN THE AMOUNT OF
$303,020.00, WHICH WAS POSTED AS A GUARANTY FOR
EXCAVATION PERMIT NUMBER PL20190001390 FOR WORK
ASSOCIATED WITH FOUNDERS SQUARE - THE AS-BUILT
LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND THE
LAKES HAVE BEEN INSPECTED ON MAY 25, 2022, BY THE
DEVELOPMENT REVIEW DIVISION
Item #16A12 - Continued to the September 13, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE THE FY 2022-2023 10-
YEAR CAPITAL PLANNING DOCUMENT FOR FUND 195
BEACH RENOURISHMENT AND PASS MAINTENANCE,
FUND 185 PROGRAM MANAGEMENT AND
ADMINISTRATION, AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM
Item #16A13
TERMINATE AGREEMENT NO. 4600004567 IN THE AMOUNT
OF $720,000.00 WITH THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (SFWMD) FOR THE COLLIER
COUNTY, LAKE TRAFFORD AREA WATER QUALITY
FACILITY, STORMWATER IMPROVEMENT PROJECT NO.
60143
Item #16A14
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
July 12, 2022
Page 230
RESTORE FUNDED PRIORITIES LIST 3B GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) DEEPWATER
HORIZON PROGRAM (DWH) FOR THE ENGINEERING,
DESIGN, AND PERMITTING AS PART OF THE COLLIER
APPLICATION TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) DEEPWATER
HORIZON PROGRAM (DWH) FOR THE ENGINEERING,
DESIGN, AND PERMITTING AS PART OF THE COLLIER
COUNTY WATERSHED IMPROVEMENT PROJECT IN THE
AMOUNT OF $4,500,000. (GARY MCALPIN, P.E.,
TRANSPORTATION MANAGEMENT SERVICES)
Item #16A15
INVITATION TO BID (ITB) NO. 22-7958, "AQUATIC
VEGETATION MAINTENANCE," TO AIRBOAT ADDICTS,
INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT (ESTIMATED ANNUAL SPEND OF
$350,000, STORMWATER OPERATING FUND 103) – TO A
THREE-YEAR TERM AGREEMENT WITH AN OPTION TO
RENEW FOR TW ADDITIONAL ONE YEAR TERMS
Item #16A16
AN EASEMENT USE AGREEMENT (AGREEMENT) FOR A
PORTION OF TRACTS P AND B-2, PELICAN LAKE R.V.
RESORT, UNIT FOUR, ACCORDING TO THE PLAT THEREOF
AS RECORDED AT PLAT BOOK 30, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY
July 12, 2022
Page 231
Item #16A17
THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL
FOR FY 23, 24, AND 25 TO ENSURE THAT DBE’S HAVE AN
EQUAL OPPORTUNITY TO RECEIVE AND PARTICIPATE IN
FEDERAL TRANSIT ADMINISTRATION ASSISTED
CONTRACTS BY ENSURING NONDISCRIMINATION IN
THEIR AWARD AND ADMINISTRATION
Item #16A18
AMENDMENT #2 OF THE FY20-21 FLORIDA
DEVELOPMENTAL DISABILITIES COUNCIL (FDDC)
TRANSPORTATION VOUCHER PROJECT TO EXTEND THE
CONTRACT TO JUNE 30, 2023, AND TO ALLOW SAME DAY
TRANSPORTATION VOUCHERS FOR PEOPLE WITH
DISABILITIES – TO ENHANCE TRANSPORTATION SERVICE
FOR PEOPLE WITH DISABILITIES IN COLLIER COUNTY
Item #16A19
TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION
REQUESTS FROM THE CITY OF NAPLES, THE CITY OF
MARCO ISLAND AND COLLIER COUNTY FOR FY 2022-2023
FOR BEACH RENOURISHMENT REQUESTS IN THE AMOUNT
OF $4,155,100, BUDGET THESE EXPENDITURES, AUTHORIZE
THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH THE
CITY OF NAPLES, AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM
Item #16B1
July 12, 2022
Page 232
THE BOARD OF COUNTY COMMISSIONERS (BCC), ACTING
AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD
(CRA), ACCEPT THE MARCH 23, 2022, LETTER OF INTENT
SUBMITTED BY CATHOLIC CHARITIES DIOCESE OF
VENICE, INC., AND AUTHORIZE STAFF TO OBTAIN AN
APPRAISAL, AND BRING BACK FOR BOARD
CONSIDERATION A NEGOTIATED PURCHASE AGREEMENT
TO CONVEY 1.96 ACRES OF CRA OWNED PROPERTY IN THE
IMMOKALEE COMMUNITY REDEVELOPMENT AREA – TO
DISPOSE OF A VACANT LOT IN IMMOKALEE CRA TO
FURTHER IMPLEMENT THE REDEVELOPMENT PLAN
Item #16C1
ACCEPT A DONATION FROM THE FREEDOM MEMORIAL
FOUNDATION OF NAPLES, FLORIDA INC., FOR THE
REMAINING 23 STATE STONES AND A PLAQUE, AND TO BE
INSTALLED AT THE FREEDOM MEMORIAL SITE – A
MONETARY DONATION FROM TWO DONORS
Item #16C2
LICENSE AGREEMENT WITH LETICIA ARREGUIN D/B/A
HABANEROS CATERING TO ALLOW CONTINUED
OCCUPANCY OF THE SNACK BAR AT THE MAIN
GOVERNMENT CENTER CAMPUS UNTIL SUCH TIME
AS BUSINESS CONDITIONS RETURN TO NORMAL AND
STAFF DETERMINES A REQUEST FOR PROPOSAL WOULD
BE PRODUCTIVE – TO ALLOW FOR CONTINUED
OCCUPANCY
July 12, 2022
Page 233
Item #16C3 - Moved to 11O (Per Agenda Change Sheet)
Item 16C4
AWARD INVITATION TO BID (“ITB”) NO. 22-7974
“CARTRIDGE FILTERS FOR WATER TREATMENT PLANTS,”
TO TRI-DIM FILTER CORPORATION, FOR THE PURCHASE
OF REPLACEMENT CARTRIDGE FILTERS AT THE NORTH
AND SOUTH COUNTY REGIONAL WATER TREATMENT
PLANTS ON A PRIMARY PER LINE-ITEM BASIS
Item 16C5
AWARD ITB #22-8000 "QUICKLIME SUPPLY FOR COLLIER
COUNTY" TO LHOIST NORTH AMERICA OF ALABAMA, LLC,
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT. WATER SEWER OPERATING
FUND (408) – REQUIRED FOR POTABLE WATER
TREATMENT
Item #16C6
BUDGET AMENDMENTS FOR THE COLLIER COUNTY
WATER-SEWER DISTRICT TO COVER INCREASED
COSTS FOR ELECTRICITY, EMERGENCY
REPAIRS/MAINTENANCE, CHEMICALS, AND BULK WATER
IN THE TOTAL AMOUNT OF $1,574,000.00 IN FUND (408)
Item #16C7
July 12, 2022
Page 234
STAFF TO ADVERTISE FOR SALE COUNTY-OWNED
PROPERTY LOCATED AT 343 SAINT ANDREWS
BOULEVARD, PURSUANT TO THE PROVISIONS OUTLINED
IN SECTION 125.35(1)(C), FLORIDA STATUTES, INCLUDING
A MINIMUM BID OF $250,400.00 AND TO BRING THE BIDS
TO THE BOARD FOR FUTURE CONSIDERATION – TO
ESTABLISH A CURRENT MARKET VALUE FOR THE
COUNTY OWNED PROPERTY
Item #16C8
RESOLUTION 2022-115: RESOLUTION AUTHORIZING THE
CHAIRMAN TO EXECUTE DEED CERTIFICATES FOR THE
SALE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL
GARDENS CEMETERY DURING THE 2022 CALENDAR YEAR,
ON BEHALF OF THE COUNTY MANAGER
Item #16C9
AGREEMENT FOR SALE AND PURCHASE WITH JIM
HOWARD MOODY ALSO KNOWN AS JIM H. MOODY AND
LINDA SUE LECOUNT, AS TRUSTEE OF THE AMENDED AND
RESTATED TRUST OF W. L. CRAWFORD REVOCABLE
TRUST U/A APRIL 26, 1991, FOR 59.79 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $514,700.00
Item #16D1
IMPLEMENT QUARTERLY CYCLES FOR LANDS PROPOSED
FOR THE CONSERVATION COLLIER ACTIVE ACQUISITION
July 12, 2022
Page 235
LIST TO ACCELERATE THE ACQUISITION OF
ENVIRONMENTALLY SENSITIVE LAND FOR
CONSERVATION
Item #16D2
THE CHAIRMAN TO EXECUTE A CAMP HOST
VOLUNTEER AGREEMENT FOR VOLUNTEERS TO RESIDE
ON THE PROPERTY AT THE CONSERVATION COLLIER
PEPPER RANCH PRESERVE DURING THE COURSE OF THEIR
VOLUNTEER SERVICE
Item #16D3
BUDGET AMENDMENT TO RECOGNIZE INTEREST EARNED,
IN THE AMOUNT OF $264.15, FOR THE PERIOD OF
JANUARY 2022 THRU MARCH 2022 ON ADVANCED
LIBRARY FUNDING RECEIVED FROM THE FLORIDA
DEPARTMENT OF STATE TO SUPPORT LIBRARY SERVICES
FOR THE USE OF COLLIER COUNTY RESIDENTS. (PUBLIC
SERVICE MATCH FUND 710)
Item #16D4
THE FIRST AMENDMENT TO AGREEMENT #20-7783,
“MENTAL HEALTH DATA COLLABORATIVE” WITH 5
POINT SOLUTIONS, LLC, TO INCREASE THE SERVICES
PROVIDED AND INCREASE THE CONTRACTAMOUNT BY
$206,756.48, TO A NEW FIVE-YEAR TOTAL COST OF
$407,436.00 AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED FIRST AMENDMENT
July 12, 2022
Page 236
Item #16D5
FIRST AMENDMENT TO AN AGREEMENT WITH THE
AGENCY FOR HEALTH CARE ADMINISTRATION AND AN
AGREEMENT WITH COLLIER HEALTH SERVICES, INC.,
D/B/A HEALTHCARE NETWORK OF SOUTHWEST FLORIDA
CHAIRPERSON TO SIGN THE ATTACHED AMENDMENT
Item #16D6 – Moved to Item#11P (Per Agenda Change Sheet)
Item #16D7
AMENDMENT SIX TO THE AMERICAN RESCUE PLAN ACT
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY
FUND PROGRAM RECOVERY PLAN AND AUTHORIZE
PROGRAMMATIC FUNDING REALLOCATIONS AND
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE
TO SIGN ALL SUB-AWARD AGREEMENTS AND
AUTHORIZE THE SUBMISSION OF THE ANNUAL
PERFORMANCE PLAN
Item #16D8
BUDGET AMENDMENTS TOTALING $200,000.00
TRANSFERRING RESERVES OF $150,000.00 WITHIN
DOMESTIC ANIMAL SERVICES DONATION FUND (180)
AND RESERVE OF $50,000 WITHIN DOMESTIC ANIMAL
SERVICES NEUTERING FUND (610) FOR VETERINARIAN
FEES RELATED TO NEUTER/SPAY AND MEDICAL
TREATMENT
July 12, 2022
Page 237
Item #16D9
BUDGET AMENDMENT IN THE AMOUNT OF $100,00.00
TRANSFERRING FUNDS FROM GENERAL FUND
(001) RESERVES TO THE DOMESTIC ANIMAL SERVICE
OPERATING BUDGET TO FUND SHORTFALLS IN
TEMPORARY LABOR, ANIMAL SUPPLIES, AND ROUTINE
MEDICAL SUPPLIES – TO SUPPORT NECESSARY EXPENSES
TO MAINTAIN CURRENT OPERATIONS
Item #16D10 – Moved to 11Q (Per Agenda Change Sheet)
Item #16D11
CHAIRMAN TO SIGN TWO (2) MORTGAGE SATISFACTIONS
FOR THE STATE HOUSING INITIATIVES PARTNERSHIP
LOAN PROGRAM IN THE AMOUNT OF $21,750.00 AND
APPROVE THE ASSOCIATED BUDGET AMENDMENT TO
APPROPRIATE REPAYMENT AMOUNT TOTALING $21,750.00
(SHIP GRANT FUND 791)
Item #16D12
A STATE HOUSING INITIATIVE PARTNERSHIP
SPONSOR AGREEMENT BETWEEN COLLIER COUNTY AND
RURAL NEIGHBORHOODS, INC. IN THE AMOUNT OF
$200,000.00 FOR THE ADMINISTRATION OF AN OWNER-
OCCUPIED REHABILITATION PROGRAM. (SHIP GRANT
FUND 791)
Item #16D13
July 12, 2022
Page 238
THE CHAIRMAN TO SIGN ONE (1) RELEASE OF LIEN FOR
FULL PAYMENT IN THE AMOUNT OF $12,722.05 PURSUANT
TO AN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR OWNER-OCCUPIED
AFFORDABLE HOUSING
DWELLINGS
Item #16D14
CHAIRMAN TO SIGN THREE (3) EMERGENCY SOLUTIONS
GRANTS CV AGREEMENTS, BETWEEN COLLIER COUNTY
AND (1) NAMI COLLIER COUNTY, INC. (INCREASES AWARD
BY $20,000.00), (2) THE SHELTER FOR ABUSED WOMEN &
CHILDREN, INC. (INCREASES AWARD BY $40,000.00), AND
(3) COLLIER COUNTY HUNGER AND HOMELESS
COALITION, INC. (DECREASES AWARD BY $20,000.00) TO
RESPOND TO CHANGES WITH EXPENDITURE AND DRAW
DATA DEADLINES SET FORTH IN THE HOUSING AND
URBAN DEVELOPMENT GRANT FUND (705)
Item #16D15
CHAIRPERSON TO SIGN A FIXED CAPITAL OUTLAY
CERTIFICATION FOR A PREVIOUSLY EXECUTED
AGREEMENT WITH THE DEPARTMENT OF ELDER AFFAIRS
FOR THE GOLDEN GATE SENIOR CENTER EXPANSION AND
HARDENING PROJECT. (FUND 705 HOUSING GRANT) – TO
IMPROVE THE CENTER’S CAPABILITY TO PROVIDE
RESILIENCY EFFORTS DURING AND AFTER EMERGENCY
SITUATIONS
July 12, 2022
Page 239
Item #16D16
“AFTER-THE-FACT” AGREEMENT AND ATTESTATION
STATEMENT WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC., AMERICAN RESCUE PLAN
ACT FUNDING UNDER THE OLDER AMERICAN ACT GRANT
PROGRAM FOR THE COLLIER COUNTY SERVICES FOR
SENIORS PROGRAM AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS IN THE AMOUNT OF $1,142,888.00
AND THE ESTIMATED CASH MATCH OF $32,635.34 THE
VENDORS WILL ALSO PROVIDE THE ESTIMATED MATCH
IN THE AMOUNT OF $22,130. (HUMAN SERVICE GRANT
FUND 707 AND HUMAN SERVICES MATCH 708) – TO
PROVIDE UNINTERRUPTED SUPPORT SERVICES FOR
SENIORS PROGRAM (CCSS) ELDERLY CLIENTS
Item #16E1
PAY INCREASES OF $1 PER HOUR EFFECTIVE AUGUST 1,
2022, IN CONSIDERATION OF EXCEPTIONAL MARKET
CONDITIONS, FOR EMPLOYEES IN THE COUNTY
MANAGER’S AGENCY, COUNTY ATTORNEY’S OFFICE,
BOARD OFFICE, AND FOR NON-UNION EMS EMPLOYEES
BELOW THE LEVEL OF DIVISION DIRECTOR OR
MANAGING ASSISTANT COUNTY ATTORNEY; TO
APPROVE MODIFICATIONS TO THE FY2022 PAY AND
CLASSIFICATION PLAN FOR THE COUNTY MANAGER’S
AGENCY; AND TO PROVIDE CONTINUED AUTHORIZATION
FOR THE CREATION OF NEW CLASSIFICATIONS,
MODIFICATION AND/OR DELETION OF CLASSIFICATIONS,
AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED
July 12, 2022
Page 240
PAY AND CLASSIFICATION PLANS, USING THE
EXISTING POINT-FACTOR JOB EVALUATION SYSTEM – TO
MAINTAIN A CURRENT AND FLEXIBLE PAY PLAN THAT
BEST MEETS THE NEEDS OF THE COUNTY
Item #16E2
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16E3
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16F1
ONE YEAR SPONSORSHIP AGREEMENT BETWEEN COLLIER
COUNTY AND UWP, LLC, DBA PRO WATERCROSS WORLD
CHAMPIONSHIPS, FOR $90,000,00 AND MAKE A FINDING
THAT THE SPONSORSHIP EXPENDITURES PROMOTE
TOURISM
Item 16F2
RESOLUTION 2022-116: A RESOLUTION FIXING SEPTEMBER
8, 2022, 5:05 P.M., IN THE THIRD FLOOR BOARD ROOM, 3299
July 12, 2022
Page 241
EAST TAMIAMI TRAIL, NAPLES, FLORIDA, AS THE DATE,
TIME, AND PLACE FOR THE PUBLIC HEARING FOR
APPROVING THE SPECIAL ASSESSMENT (NON-AD
VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE
OF THE WATER MANAGEMENT SYSTEM,
BEAUTIFICATION OF RECREATIONAL FACILITIES AND
MEDIAN AREAS, MAINTENANCE OFCONSERVATION OR
PRESERVE AREAS, MANAGEMENT OF THE DREDGING
AND MAINTENANCE ACTIVITIES FOR CLAM PASS FOR
THE PURPOSE OF ENHANCING THE HEALTH OF THE
AFFECTED MANGROVE FOREST, ESTABLISHMENT OF
CAPITAL RESERVE FUNDS FOR AMBIENT NOISE
MANAGEMENT, MAINTENANCE OF CONSERVATION OR
PRESERVE AREAS, INCLUDING THE RESTORATION OF THE
MANGROVE FOREST, U.S. 41 BERM, STREET SIGNAGE
REPLACEMENTS WITHIN THE MEDIAN AREAS,
LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES
AND BEACH RENOURISHMENT, ALL WITHIN THE PELICAN
BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
Item #16F3 - Moved to Item #11R (Per Agenda Change Sheet)
Item #16F4
RESOLUTION 2022-117: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FY 21-22 ADOPTED BUDGET
July 12, 2022
Page 242
Item #16G1
CHAIRMAN TO EXECUTE THE ATTACHED COLLIER
COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE
AGREEMENT WITH FORGOTTEN COAST FLYERS, LLC, FOR
AERONAUTICAL USE OFFICE SPACE AT THE MARCO
ISLAND EXECUTIVE AIRPORT – TOGENERATE REVENUE
BY LEASING VACANT SPACE AT MARCO ISLAND
EXECUTIVE AIRPORT
Item #16G2
CHAIRMAN TO EXECUTE THE ATTACHED COLLIER
COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE
AGREEMENT WITH CAREY INTERNATIONAL AVIATION
SERVICES, LLC, FOR VACANT AERONAUTICAL USEOFFICE,
AIRCRAFT STORAGE, AND EQUIPMENT STORAGE SPACE
AT THE EVERGLADES AIRPARK
Item #16H1
STAFF TO REVIEW WHETHER NAVIGATION SIGNS CAN
AND OUGHT TO BE PLACED IN THE ROCK CREEK AREA TO
REDUCE BOAT SPEED TO IDLE/NO WAKE
Item #16I1
MISCELLANEOUS CORRESPONDENCE
July 12, 2022
Page 243
Item #16J1
DETERMINE VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
JULY 6, 2022 – TO OBTAIN BOARD APPROVAL OF
EXPENDITURES NOT OTHERWISE APPROVED BY THE
BOARD
Item #16J2
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
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 16, 2022, AND JUNE 29,
2022, PURSUANT TO FLORIDA STATUTE 136.06
Item #16K1
ACCEPT AN UPDATE REGARDING WHETHER THE COUNTY
MAY IMPOSE A FRANCHISE FEE ON TECO FOR NATURAL
GAS SERVICES
Item #16K2
RESOLUTION 2022-118: APPOINTING TWO AT-LARGE
MEMBERS TO THE INFRASTRUCTURE SURTAX CITIZEN
OVERSIGHT COMMITTEE – APPOINTING SCOTT LEPORE
July 12, 2022
Page 244
AND JAMES DELONY, BOTH WITH TERMS EXPIRING ON
JANUARY 12, 2024
Item #16K3
RESOLUTION 2022-119: REAPPOINT THREE MEMBERS TO
THE GOLDEN GATE CITY ECONOMIC DEVELOPMENT ZONE
ADVISORY BOARD – REAPPOINTING RON JEFFERSON,
KAYDEE TUFF AND FELIPE ARCIL ALL WITH TERMS
EXPIRING ON JANUARY 28, 2024
Item #16K4
STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $142,000.00 PLUS $35,552.50 IN STATUTORY ATTORNEY
AND EXPERTS’ FEES AND COSTS, FOR THE TAKING OF
PARCEL 201FEE REQUIRED FOR THE VANDERBILT BEACH
ROAD EXTENSION PROJECT NO. 60168 – TO SETTLE FULL
COMPENSATION
Item #16K5
STIPULATED FINALJUDGMENT IN THE TOTAL AMOUNT OF
$130,000 PLUS $44,420 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS, FOR THE TAKING OF PARCEL
190FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO 60168
Item 16K6
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
July 12, 2022
Page 245
$120,000 PLUS $26,270.74 IN STATUTORY ATTORNEY FEES,
APPORTIONMENT FEES, EXPERTS’ FEES AND COSTS FOR
THE TAKING OF PARCEL 238FEE REQUIRED FOR THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168
Item #17A
RESOLUTION 2022-120: PETITION VAC-PL20210002687, TO
DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN ALL, OR A PORTION OF, THE 30-
FOOT AND 60-FOOT ROADWAY, RIGHT-OF-WAY, AND/OR
INGRESS AND EGRESS EASEMENTS AS RECORDED IN
OFFICIAL RECORDS BOOK 968, PAGE 975; OFFICIAL
RECORDS BOOK 1795, PAGE 1917; OFFICIAL RECORDS
BOOK 284, PAGE 633; OFFICIAL RECORDS BOOK 279, PAGE
284; OFFICIAL RECORDS BOOK 238, PAGE 398; OFFICIAL
RECORDS BOOK 404, PAGE 997; AND OFFICIAL RECORDS
BOOK 416, PAGE 609, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED IN SECTIONS 11
AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE SPECIFICALLY SHOWN
IN EXHIBIT “A”, AND TO ACCEPT PETITIONER’S GRANT OF
AN ACCESS EASEMENT TO REPLACE THE VACATED
ROADWAY EASEMENTS
Item #17B - Continued to the September 13, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AMEND ORDINANCE NO. 75-16, AS
AMENDED, TO AUTHORIZE THE CHAIRMAN TO BETTER
July 12, 2022
Page 246
DEAL WITH DISORDERLY PERSONS, INCLUDING
REQUESTING LAW ENFORCEMENT OFFICERS REMOVE
DISORDERLY PERSONS WHEN CONDUCT INTERFERES
WITH ORDERLY PROGRESSION OF MEETINGS
Item #17C
ORDINANCE 2022-30: ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE NO. 2003-36, AS AMENDED,
PROVIDING FOR THE REIMPOSITION OF THE FIVE-CENT
LOCAL OPTION FUEL TAX UPON ITS TERMINATION ON
DECEMBER 31, 2025, EFFECTIVE JANUARY 1, 2026, AND
CONTINUING THROUGH DECEMBER 31, 2055
Item #17D
ORDINANCE 2022-31: ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE NO. 2003-35, AS AMENDED,
PROVIDING FOR THE REIMPOSITION OF THE SIX-CENT
LOCAL OPTION FUEL TAX UPON ITS TERMINATION ON
DECEMBER 31, 2025, EFFECTIVE JANUARY 1, 2026, AND
CONTINUING THROUGH DECEMBER 31, 2055
Item #17E
RESOLUTION 2022-121: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE
FY21-22 ADOPTED BUDGET
Item #17F
July 12, 2022
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ORDINANCE 2022-32: 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
*****
July 12, 2022
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:49 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
WILLIAM L. McDANIEL, JR., CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
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NC
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These minutespproved by the Board on
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as resented✓ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
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