BCC Minutes 09/13/2022 RSeptember 13, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 13, 2022
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
Chairman: William L. McDaniel, Jr.
Rick LoCastro
Burt L. Saunders
Andy Solis
Penny Taylor
ALSO PRESENT:
Amy Patterson, County Manager
Daniel Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications, & Public Relations
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September 13, 2022
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
Agenda
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
September 13, 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 MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER BY OTHER
REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE
SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR
PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS.
SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS
EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A
CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL
OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE
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September 13, 2022
BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF
ALLEGIANCE.
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER
AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE
REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE
NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE
A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A
MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC
PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM
TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN.
SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A
FUTURE AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT
ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK
PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING
CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC
SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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
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September 13, 2022
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 Rabbi Ammos Chorny of Beth Tikvah Synagogue
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 14, 2022, BCC Minutes
C. June 28, 2022, BCC Minutes
D. July 12, 2022, BCC Minutes
3. AWARDS AND RECOGNITIONS
A. Employee
1) Recommendation to recognize Craig Pajer for being awarded the
honor of "2022 Government Engineer of the Year" by the Florida
Engineering Society, Calusa Chapter.
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
1) Recommendation to recognize Hector Cervantes, Parks and
Recreation Division, as the July 2022 Employee of the Month.
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September 13, 2022
(All Districts)
4. PROCLAMATIONS
A. Proclamation recognizing The Boat House of Naples as recipient of the
Waste Reduction Awards Program (WRAP) award, for contributing to
the greater good of Collier County by advocating the "Reduce, Reuse,
Recycle" message, thereby helping to prolong the usable life of the
Collier County Landfill. To be accepted by Jeremy Eck and Matt Roth.
B. Proclamation designating September 22, 2022, as Falls Prevention
Awareness Day in Collier County. To be accepted by Stephanie Gomez
and Sue Haviland, representatives of Step Smart Collier.
C. Proclamation designating September 15 through October 15, 2022, as
Hispanic Heritage Month in Collier County. The proclamation will be
presented to Commissioner Solis for delivery to Hispanic Council
Foundation of Collier County, Inc., and Council of Hispanic Business
Professionals, Inc.
D. Proclamation designating September 2022 as Payroll Awareness Month
in Collier County. To be accepted by the Collier County Clerk of the
Circuit Court & Comptroller's payroll processing team of Leslie Miller,
Lori Brown, Erin Roxberry, and Aric Christensen.
E. Proclamation recognizing the Collier County Community Emergency
Response Teams (CERT). To be accepted by Jamie Cunningham, Ray
Wodynski, Barry Gerenstein, Richard Blee, Bill O'Boyle, Michael
Passaretti, and Heather Mazurkiewicz.
5. PRESENTATIONS
A. LCEC Equity Distribution Check Presentation by Tricia Dorn, Key
Account Executive, Lee County Electric Cooperative
B. Presentation of the Collier County Business of the Month for September
2022, to HR by Karen, LLC. The award will be accepted by Karen
Shepherd, Owner. Also present are Red Gamso, Director of Marketing
& Communications, and Melanie Schmees, Director of Business &
Economic Research, both from the Greater Naples Chamber of Commerce.
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September 13, 2022
6. PUBLIC PETITIONS
A. Public Petition Request by Elizabeth Radi regarding a 60-day Notice to
Tenants Ordinance
B. Public Petition Request by Dan Higgins regarding storage yards at the
Naples Park project
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 requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to
approve an Ordinance amending Ordinance No. 92-15, as amended, Lely, a
Resort Community Planned Unit Development (PUD), by allowing the 9+/-
acre C-3 parcel at the southwest corner of Collier Blvd. (CR 951) and Grand
Lely Drive to have C-3 or residential development limited to 184 dwelling
units. The subject PUD consists of 2,892 acres located between U.S. 41 and
Rattlesnake-Hammock Road, west of Collier Blvd. (CR 951), in Sections
21, 22, 27, 28, 33, and 34, Township 50 South, Range 26 East, Collier
County, Florida; and by providing an effective date. (District 1)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to have the Board discuss implementing a moratorium on
new applications for self-storage facilities in all zoning districts that list this
use as a permitted or conditional use along US 41 between the Palm
Street/Commercial Drive/US 41 intersection and the Price Street/US 41
intersection, until Growth Management Plan and Land Development Code
amendments implementing the East Naples Community Development Plan
are adopted. (Sponsored by Commissioner LoCastro) (District 1, District 4)
11. COUNTY MANAGER'S REPORT
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September 13, 2022
A. Recommendation to approve an agreement for the purchase of six tracts of
land (Parcels 114FEE, 115FEE, 116FEE, 117FEE, 118FEE, and 119FEE)
required for construction of the Lake Park Flow Way (Project 60246).
Estimated Fiscal Impact: $1,857,500. The source of funds is stormwater
bonds. (Beth Johnssen, Director, Capital Project Planning, Impact Fees &
Program Management) (All Districts)
B. Recommendation to approve an Agreement for Sale and Purchase with John
G. Vega, as Trustee of the Irrevocable Trust for the benefit of the children of
F. Desmond Hussey, III, dated June 20, 2011; Francis D. Hussey, Jr.,
deceased, and Mary Pat Hussey, husband and wife; Sean Meade Hussey,
Trustee, and HHH Investments Limited Partnership, a foreign limited
partnership, for approximately 256 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $2,091,000, and to
approve as a condition of purchase by Conservation Collier, the right of the
County to later purchase a portion of the property for future right-of-way for
the Wilson Blvd.-Benfield Road Extension, if and when needed, at the per-
acre original acquisition cost, to be paid directly to Conservation Collier.
(Summer Araque, Principal Environmental Specialist, Parks and Recreation
Division) (District 5)
C. Recommendation to award Invitation to Bid (ITB) No. 22-7981, North
County Regional Water Treatment Plant Storage Building (Project No.
70136), to OneSource Construction Company & Builders, Inc., in the
amount of $1,242,797, and to authorize the Chairman to sign the attached
Agreement. (Matthew McLean, Public Utilities Engineering Division
Director) (District 3)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. 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 August
11, 2022, and August 31, 2022, pursuant to Florida Statute 136.06. (All
Districts)
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
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September 13, 2022
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners (BCC), acting as the Community Redevelopment
Agency (CRA), approve an agreement with Collier County to accept
Community Development Block Grant (CDBG) funds in the amount
of $250,000 for the design of the First Street Corridor Pedestrian
Safety Improvement Project, authorize the Chairman of the CRA to
sign the grant agreement, and authorize necessary budgets
amendments. (Project #33831) (District 5)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. Consent Agenda - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) This Item continued from the July 12, 2022, BCC Meeting.
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) This Item continued from the July 12, 2022, BCC Meeting.
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)
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September 13, 2022
3) Recommendation for the Board to approve and execute an Agreement
with the Florida Department of Economic Opportunity (FDEO),
pursuant to Chapter 380.032(3), Florida Statutes, pertaining to
application of the Big Cypress Area of Critical State Concern
regulations to a parcel owned by an entity wholly-owned by the
Seminole Tribe of Florida and located on U.S. Highway 41 near the
Miami-Dade County line. (This is a companion to Item 17B -
PL20190000360) (District 5)
4) Recommendation to accept a project update for the Vanderbilt Beach
Road Extension Project (Project No. 60168). (All Districts)
5) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of Isles
of Andalucia, Application Number AR-6156 / PL20110001785,
acceptance of the County maintenance responsibilities for Tract R-1,
and authorizing the release of the maintenance security in the amount
of $173,662.12. (District 4)
6) Recommendation to approve final acceptance of the potable water
facilities for Carl’s White Glove Personal Storage, PL20200002189,
accept the conveyance of a portion of the potable water facilities, and
authorize the County Manager, or designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of $10,390.10 to the Project Engineer or the Developer’s
designated agent. (District 1)
7) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water facilities for the Community School of Naples –
Campus Addition, PL20220001892. (District 2)
8) Recommendation to approve final acceptance of the water utility
facilities for Crystal Lake RV Park Pressure Reducing Valve,
PL20220003518. (District 3)
9) Recommendation to approve final acceptance of the sewer utility
facilities for Collier County Landfill, PL20220004345. (District 5)
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September 13, 2022
10) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of Del
Webb Naples Parcels 201-203, Application Number PL20130002601;
and authorize the County Manager, or designee, and authorize the
release of the maintenance security in the amount of $116,181.32.
(District 5)
11) Recommendation to approve final acceptance of the sewer utility
facilities for East Naples Community Park Welcome Center,
PL20220002656. (District 4)
12) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Esplanade by the Islands - Phase 1B, PL20200000679; and authorize
the County Manager, or designee, to release the Final Obligation
Bond in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent. (District 1)
13) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Esplanade Golf and Country Club
of Naples Blocks “D”, “F”, and “H”, Application Number
PL20150001102; and authorize the release of the maintenance
security in the amount of $84,086.48. (District 3)
14) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Esplanade at Hacienda Lakes
Phase One, Application Number PL20120002539; and authorize the
release of the maintenance security in the amount of $289,448.21.
(District 1)
15. Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Esplanade Golf and Country Club
of Naples Phase 2, Application Number PL20120002897; and
authorize the release of the maintenance security in the amount of
$528,820.98. (District 3)
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September 13, 2022
16) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Esplanade Golf and Country Club
of Naples Phase 4 Parcel "L", Application Number PL20170001594;
and authorize the release of the maintenance security in the amount of
$113,500.99. (District 3)
17) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Isles of
Collier Preserve Phase 14C, PL20200000202; and authorize the
County Manager, or designee, to release the Final Obligation Bond in
the total amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 1)
18) Recommendation to approve final acceptance of the potable water and
sewer facilities, and accept the conveyance of the potable water and
sewer facilities for Oyster Harbor at Fiddler's Creek Phase 3B,
PL20220003670. (District 1)
19) Recommendation to approve final acceptance of the water facilities,
and accept the conveyance of the water facilities for 552 Ridge Drive
Water Main Extension, PL20220001811. (District 2)
20) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Landings at Bear’s Paw,
Application Number PL20120002819; and authorize the release of the
maintenance security in the amount of $3,514.50. (District 4)
21) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Valencia Trails Naples – Phase 1B (f/k/a Brentwood Lakes),
PL20200000952; and authorize the County Manager, or designee, to
release the Final Obligation Bond in the total amount of $4,000 to the
Project Engineer or the Developer’s designated agent. (District 3)
22) Recommendation to approve final acceptance of the potable water and
sewer facilities, and accept the conveyance of the potable water and
sewer facilities for Valencia Trails Naples - Plat Two,
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September 13, 2022
PL20220001309. (District 3)
23) 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 Fairgrove at Talis Park Multi-
Family Parcel (Application Number PL20220000389), approval of the
standard form Construction and Maintenance Agreement, and
approval of the performance security in the amount of $37,447.85.
(District 2)
24) 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 amended final plat of Kaicasa Phase One
(Application Number PL20220000198), approval of the standard form
Construction and Maintenance Agreement, and approval of the
performance security in the amount of $4,193,303.40. (District 5)
25) 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 Silverwood at Ave Maria
(Phase 3 and 4) (Application Number PL20210001742), approval of
the standard form Construction and Maintenance Agreement, and
approval of the performance security in the amount of $3,267,137.56.
(District 5)
26) 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 minor final plat of Soluna Replat,
Application Number PL20220002245. (District 3)
27) 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 Winchester (Application
Number PL20210002267), approval of the standard form
Construction and Maintenance Agreement, and approval of the
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September 13, 2022
performance security in the amount of $2,691,443.50. (District 5)
28. Recommendation to approve final acceptance of the water and sewer
utility facilities for Ritz-Carlton Naples Hotel Addition – Phase 2,
PL20220004745. (District 2)
29) Recommendation to approve the release of a code enforcement lien
with an accrued value of $128,864.03 for payment of $6,214.03 in the
code enforcement action titled Board of County Commissioners v.
Linda C. Daigle in Special Magistrate Case No. CEPM20120013875
relating to property located at 2045 Wilson Blvd. N, Collier County,
Florida. (District 3)
30) Recommendation to approve the release of code enforcement liens
with an accrued value of $79,633.22 for payment of $2,793.32 in the
code enforcement action titled Board of County Commissioners v.
Dalila Grimaldo in Case No. 2006-37 relating to property located at
324 W Main St., Immokalee, Florida. (District 5)
31) Recommendation to hear a Land Development Code amendment to
allow medical/cannabis dispensaries in the same zoning districts as
pharmacies at two regularly scheduled daytime hearings and waive
the nighttime hearing requirement. (All Districts)
32) Recommendation to approve and authorize the Chairman to sign a
Collier County Landscape Maintenance Agreement (“Agreement”)
between Collier County and Frank J. Dewane, as Bishop of the
Diocese of Venice, a corporation sole and his successors in the office,
for proposed irrigation and associated existing landscape
improvements within the Seagate Drive public right-of-way.
(District 2)
33) Recommendation to recognize a Public Transit Grant Agreement
(PTGA) between the Florida Department of Transportation (FDOT)
and the Collier Metropolitan Planning Organization (MPO) that
includes Federal pass-through 49 USC § 5305(d) funding and to
authorize necessary budget amendments for grant revenue in the
amount of $124,715. (All Districts)
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September 13, 2022
34) Recommendation to adopt a resolution approving and authorizing the
execution of an Amendment to the Public Transit Grant Agreement
(PTGA) 450306-1-94-01, Contract Number G2692, with the Florida
Department of Transportation (FDOT) to remove certain construction
references for the improvement of bus stops for Americans with
Disabilities Act (ADA) compliance in the rural service area.
(District 5)
35) Recommendation to provide after-the-fact approval for the submittal
of a Resilient Florida Program Planning Grant application to the
Florida Department of Environmental Protection (FDEP) in the
amount of $46,700 for a vulnerability assessment study of the
unincorporated jurisdictional boundaries of Collier County and
designate the County Manager or designee as the Authorized Official
to submit and execute required grant documents. (All Districts)
36) Recommendation to pledge a match not to exceed $40,000 to support
the Collier Metropolitan Planning Organization’s (MPO) application
for the Safe Streets and Roads for All (SS4A) grant. (All Districts)
37) Recommendation to authorize a budget amendment to recognize
revenue and transfer funding for projects within the Transportation
Supported Gas Tax Fund (313) and Transportation & CDES Capital
Fund (310) in the amount of $794,939.90. (Projects 60066, 60085,
60088, 69331, 69333, 69338, and 69338) (All Districts)
38) Recommendation to approve the FY22 Program of Projects and
authorize submittal of the Federal Transit Administration 49 U.S.C.
5307/ 5339 FY22 for funds to support the transit system capital and
operating costs in the amount of $4,805,353 through the Transit
Award Management System, accept the award, and authorize any
necessary budget amendments. (All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC),
acting as the Community Redevelopment Agency (CRA), approve the
attendance of three Immokalee and three Bayshore Gateway Triangle
Local Redevelopment Advisory Board members at the Florida
Redevelopment Association 2022 Annual Conference and allow the
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September 13, 2022
other Immokalee Board members to attend the Awards Dinner;
authorize payment of attendees’ registration, lodging, travel and per
diem from the CRA Trust Funds (Fund 186/187); and declare the
training received as serving a valid public purpose.
(District 4, District 5)
2) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency, authorize necessary budget
amendments to recognize carryforward in Bayshore CRA Fund (187)
and Immokalee CRA Fund (186), transfer those moneys along with
reserve balances into Bayshore CRA Capital Fund (787) and
Immokalee CRA Capital Fund (786), and appropriate those funds into
specific projects pursuant to the Community Redevelopment Plan.
(District 4, District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) This Item continued from the June 28, 2022 BCC Meeting.
Recommendation to approve a Second Amendment to the Major User
Agreement for Delivery and Reuse of Irrigation Quality ("IQ") Water
with the Riviera Golf Club/Lucky Two Golf, LLC, to provide a
revised termination date due to facility closure. (District 4)
2) Recommendation to approve the conveyance of a Utility Easement
located on the Collier County Golden Gate City Golf Course property
to the Collier County Water Sewer District for the installation of
transmission water mains. The estimated cost not to exceed $50.
(Collier County Water Sewer District Bond Fund - 419) (District 3)
3) Recommendation to award Invitation to Bid (“ITB”) No. 20-8002,
“NCWRF North and South Bleach Piping Replacement,” to Douglas
N. Higgins Inc., in the amount of $957,380.00, and to authorize the
Chairman to sign the attached agreement. (Project Number 70148)
(District 2)
4) Recommendation to award Request for Proposal (“RFP”) No. 21-
7919-ST, “Construction Manager at Risk (“CMAR”) for Collier
County Mental Health Facility,” to DeAngelis Diamond Construction
LLC, for pre-construction services in the amount of $207,965.00, and
a fee of four-point seven five percent (4.75%) of the future to be
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September 13, 2022
determined Guaranteed Maximum Price (“GMP”) proposal for
construction services. Infrastructure Surtax Fund (318), Project 50239.
(District 3)
5) Recommendation to award Construction Invitation to Bid (“ITB”) No.
22-7959R, “Collier County Jail Laundry Renovation,” to OneSource
Construction Company & Builders, Inc., in the amount of $2,094,550
and authorize the Chairman to sign the attached Agreement.
(District 1)
6) Recommendation to approve the Magic Lights Event to be conducted
by the Collier County Agricultural Fair and Exposition, Inc.
(District 5)
7) Recommendation to approve a Deed of Utility Easement from Collier
County to the City of Naples over a portion of Golden Gate Estates,
Unit 71, Tract 128, to allow the City to install a 12-inch transmission
water main between City Well Nos. 425 and 426. (District 5)
8) Recommendation to approve an agreement for sale and purchase with
Charles Edwin Bailey, Jr., for approximately 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $25,600. (District 5)
9) Recommendation to approve an Agreement for Sale and Purchase
with John R. Pena for a 2.27-acre parcel under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $52,700.
(District 5)
10) Recommendation to approve an Agreement for Sale and Purchase
with William F. Thommen for a 5.0-acre parcel under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $101,000. (District 5)
11) Recommendation to approve an Agreement for Sale and Purchase
with Berardo Ortega and Gladys Guasp for a 1.14-acre parcel under
the Conservation Collier Land Acquisition Program, at a cost not to
exceed $30,600. (District 5)
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September 13, 2022
12) Recommendation to approve an Agreement for Sale and Purchase
with Peter S. Sanchez and Nilsa E. Sanchez, as Co-Trustees of the
Peter S. Sanchez and Nilsa E. Sanchez Revocable Living Trust, dated
July 21, 2015, for a 2.73-acre parcel under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $63,800.
(District 5)
13) Recommendation to approve an Agreement for Sale and Purchase
with Jorge A. Aguilar and Magali Aguilar for a 1.14-acre parcel under
the Conservation Collier Land Acquisition Program, at a cost not to
exceed $40,700. (District 5)
14) Recommendation to approve an Agreement for Sale and Purchase
with Timothy R. Johnson & Jenett Johnson for a 1.14-acre parcel
under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $30,600. (District 5)
15) Recommendation to approve an Agreement for Sale and Purchase
with Sandra Burns for a 1.14-acre parcel under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $30,600.
(District 5)
16) Recommendation to approve an Agreement for Sale and Purchase
with David V. Wright for a 1.14-acre parcel under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $30,600.
(District 5)
17) Recommendation to approve an Agreement for Sale and Purchase
with Joseph Zhuang for a 2.73-acre parcel under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $63,800.
(District 5)
18) Recommendation to approve an Agreement for Sale and Purchase
with David Joyce and D & J Naples Investors, LLC for two (2)
parcels totaling 3.41 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $93,400. (District 5)
19) Recommendation to approve an Agreement for Sale and Purchase
with Lois J. Behnke for a 1.14-acre parcel under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $57,800.
Page 17
September 13, 2022
(District 5)
20) Recommendation to approve an Agreement for Sale and Purchase
with Mark Troy Meyer as Successor Trustee of the Virginia M. Meyer
Trust Agreement, dated December 28, 1996, for a 1.59-acre parcel
under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $72,850. (District 5)
21) Recommendation to approve an Agreement for Sale and Purchase
with Richard D. Arnay and Joan Arnay Halperin, for a 1.14-acre
parcel under the Conservation Collier Land Acquisition Program, at a
cost not to exceed $30,600. (District 5)
D. PUBLIC SERVICES DEPARTMENT
1) This Item continued from the June 28, 2022, BCC Meeting.
Recommendation to award Request for Proposals (RFP) No. 22-7946,
“Purchase of Ski Boat,” to Nautiques of Orlando, LLC, for the
purchase of a ski boat in the amount of $94,204 from Project 80418
Regional Parks off-road vehicles and equipment. (District 4)
2) Recommendation to approve Second Amendment to Interlocal
Agreement between Collier County and the City of Naples governing
use of City of Naples beach parking facilities and park and recreation
programs extending the term to June 30, 2023 and revising the
payment schedule to a monthly basis based on 1.5M per year.
(All Districts)
3) Recommendation to authorize the Chairman to sign a Memorandum
of Agreement with the Florida Fish and Wildlife Conservation
Commission to allow youth hunts at Pepper Ranch Preserve in
November 2022, January 2023, and February 2023. (District 5)
4) Recommendation to approve a Budget Amendment to (1) increase the
FY 2021-2022 allocation by $81,723 and (2) recognize $15,241.19 in
program income for the State Housing Initiatives Partnership
Program. (SHIP Grant Fund 791) (All Districts)
Page 18
September 13, 2022
5) Recommendation to approve the State Housing Initiatives Partnership
Program Annual Report and authorize the Chairman to sign the Local
Housing Incentive Certification for the closeout of Fiscal Year
2019/2020, interim for Fiscal Year 2020/2021 and authorize the
electronic submission to Florida Housing Finance Corporation to
ensure compliance with program requirements. (SHIP Grant Fund
791) (All Districts)
6) Recommendation to approve and authorize the Chairman to sign
eleven (11) mortgage satisfactions for the State Housing Initiatives
Partnership loan program in the amount of $126,625 and approve the
associated Budget Amendment to appropriate repayment amount
totaling $76,165.46 (SHIP Grant Fund 791). (All Districts)
7) Recommendation to terminate for convenience two (2) agreements
with Collier County Hunger and Homeless Coalition, Inc., the first for
HOME Tenant Based Rental Assistance and the second for
Emergency Solutions Grant COVID. (Housing Grants Fund 705)
(All Districts)
8) Recommendation to approve “After-the-Fact” agreements and
attestation statements with the Area Agency on Aging for Southwest
Florida, Inc., Community Care for the Elderly, Alzheimer’s Disease
Initiative, and Home Care for the Elderly grant programs for Collier
County’s Services for Seniors Program and authorize Budget
Amendments in the amount of $241,441.61 to ensure continuous
funding for FY2022/2023. (Human Service Grant Fund 707)
(All Districts)
9) Recommendation to approve Year 2 of a 3-year Centers for Disease
Control and Prevention grant award to support the Community Health
Workers for COVID-19 Response for Resilient Communities Program
in the amount of $421,744 and authorize the necessary Budget
Amendment. (Housing Grant Fund 705) (All Districts)
10) Recommendation to approve and authorize the Chairman to sign the
Memorandum of Understanding between Collier County and the
Central/South Florida Prescribed Fire Working Group for prescribed
fire operations. (All Districts)
Page 19
September 13, 2022
11) Recommendation to approve Agreement #22-031-NS “Delnor-
Wiggins Law Enforcement Special Detail Agreement”, with Collier
County Sheriff’s Office for intersection control outside of Delnor-
Wiggins State Park and authorize expenditures under the Agreement
and approved Exemption. (District 2)
E. ADMINISTRATIVE SERVICES
1) Recommendation to award Request for Proposal (“RFP”) No. 22-
7971, “Property, Casualty and Workers’ Compensation Third Party
Administration Services,” to Johns Eastern Company, Inc., and
authorize the Chairman to sign the attached agreement. (All Districts)
2) Recommendation to ratify Property, Casualty, Workers’
Compensation and Subrogation claim files settled and/or closed by the
Risk Management Division Director pursuant to Resolution # 2004-15
for the third quarter of FY 22. (All Districts)
3) Recommendation to approve the First Amendment to the Agreement
#17-7209 “Managed Care & Preferred Provider Payor Network” with
Naples Physician Hospital Organization, Inc. d/b/a Community Health
Partners and approve expenditures under the First Amendment and
approved Single Source Waiver. (All Districts)
4) Recommendation to approve the Second Amendment to Agreement
#16-6646 “Onsite Health Advocacy Coaching Services” with Naples
Physician Hospital Organization, Inc. d/b/a Community Health
Partners and approve expenditures under the Second Amendment and
Single Source Waiver. (All Districts)
5) Recommendation to recognize accrued interest from the period April
1, 2022, through June 30, 2022, earned by EMS County Grant, Project
No. 33655, and appropriate funds for a total amount of $322.49.
(All Districts)
6) Recommendation to approve and authorize the submittal of a Florida
Emergency Medical Services County Grant Application, the Request
for Grant Fund Distribution Form and Resolution for the funding of
Training and Medical/Rescue Equipment in the amount of
$72,756.00, confirming that the grant funds will not supplant the EMS
Page 20
September 13, 2022
budget. (All Districts)
7) Recommendation to authorize the Procurement Services Director to
procure goods or services from vendors that have been awarded a
contract as a result of a competitive selection process by a federal,
state, or municipal government, or any other governmental agency,
political subdivision, or government-related association or a
purchasing cooperative, provided that the originating entity utilized a
competitive process similar to Collier County’s, and authorize the
County Manager or designee to sign agreements associated with those
purchases. (All Districts)
8) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
9) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
10) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
11) Recommendation to authorize expenditures exceeding the $50,000
competitive threshold, under an Exemption from the Competitive
Process, through fiscal year 2027, for Braxton College. (All Districts)
12) Recommendation to award Group Vision insurance to Vision Service
Plan (VSP) for a four (4) year period effective January 1, 2023. (All
Districts)
13) Recommendation to approve the purchase of Aircraft and Airport
Insurance for FY 2023 from the Chubb/ ACE Property & Casualty
Insurance Company in the annual amount of $234,796. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Board ratification of Summary, Consent and Emergency Agenda
Items approved by the County Manager during the Board's scheduled
Page 21
September 13, 2022
recess. (In Absentia Meeting(s) dated July 26, 2022; August 9, 2022;
and August 23, 2022) (All Districts)
July 26, 2022
a) recommendation to approve the administrative reports prepared
by the Procurement Serviced Division for change orders and
other contractual modifications requiring Board approval.
(All Districts)
b) Recommendation to accept the report for the sale of 87 items
and disbursement of funds in the amount of $373,785
associated with County surplus auction held on June 18, 2022.
(All Districts)
c) Recommendation to approve the administrative report prepared
by the Procurement Services Division for disposal of property
and notification of revenue disbursement. (All Districts)
d) Request that the Board approve and determine valid public
purpose for invoices payable and purchasing card transactions
as of July 20, 2022 (All Districts)
e) 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 30,
2022 and July 13, 2022 pursuant to Florida Statute 136.06.
(All Districts)
August 9, 2022
a) Recommendation to approve Third Amendment to Agreement
No . 18-7399 for Air Filtration Services with FilterPro USA,
LLC that adds new services to Collier County Buildings, and
authorizes the Chairman to execute the amendment.
(All Districts)
b) Recommendation to approve the final ranking for Request for
Professional Services (“RSP”) No. 22-7970, “Design Services
Page 22
September 13, 2022
for NCRWTP Tier 4 Generator Replacement, “ and authorize
staff to begin contract negotiations with the top-ranked firm,
CDM Smith, Inc., so that a proposed agreement can be brought
back to the Board at a future meeting. (All Districts)
c) Recommendation to approve the administrative reports
prepared by the Procurement Services Division for change
orders and other contractual modification requiring Board
approval. (All Districts)
d) Recommendations to approve the use of the Tourism
Development Tax Promotion funds to support the upcoming
Doral Gold Cup Soccer tournament (November 5-6, 2022), up
to a maximum of $12,000, and make a finding that these
expenditures promote tourism. (All Districts)
e) Recommendation to approve the use of the Tourism
Development Tax Promotion funds to support the upcoming
Unified Cup Soccer Tournament (October 1-2 & 8-9, 2020), up
to a maximum of $18,000, and make a finding that these
expenditures promote tourism. (All Districts)
f) Recommendation to approve the use of Tourism Development
Tax Promotion funds to support the upcoming Southeast USA
Labor Day Cup Soccer Tournament (September 395, 2022), up
to a maximum of $12,000, and make a finding that these
expenditures promote tourism. (All Districts)
g) Recommendation to terminate for convenience Construction
Agreement No. 21-7922 with RAM General Contracting and
Development, Inc., as the contractor selected for construction of
the Pelican Bay Services Division Maintenance Facilities
Improvements project. (Project No. 50211.1). (District 2)
h) Recommendation to accept the County Manager’s decision to
allow members of the Affordable Housing Advisory Committee
to participate in meetings by communications media technology
to vote during the Boards summer recess. (All Districts)
Page 23
September 13, 2022
i) Request that the Board approve and determine valid purpose for
invoices payable and purchasing card transactions as of August
03, 2022. (All Districts)
j) 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 July 14,
2022, and July 27, 2022, pursuant to Florida Statute 136.06.
(All Districts)
k) Recommendation to approve a retroactive increase to the
Purchase Order for Carlton Fields, P.a., related to its provision
of litigation services in Collier County s. Mammoth
Constructors, LLC. Case No. 2021-CA-00132, which concerns
the County’s claim for damages stemming from Mammoth’s
damage to Collier County’s underground wastewater force
main utility pipe by $200,000, authorize payment for
outstanding invoices, and authorize a budget amendment.
(Wastewater User Fee Capital Fund (414), Fiscal Impact
$200,000) (All Districts)
August 23, 2022
a) Recommendation to approve the selection committee’s ranking
for Request for Professional Services (“RSP”) No. 22-7998,
“Construction, Engineering and Inspection Services for Palm
River Public Utilities Renewal Project,” and authorize staff to
begin contract negotiations with the top ranked firm, Stantec
Consulting Services, Inc. (District 2)
b) Recommendation to accept a donation of 150 native plants for
the Rattlesnake Hammock Preserve in South Naples to be
planted by volunteers from Growing Climate Solutions, the
donating organization. (All Districts)
c) Recommendation to approve the administrative reports
prepared by the Procurement Services Division for change
orders and other contractual modifications requiring Board
approval. (All Districts)
Page 24
September 13, 2022
d) Recommendation that the Board of County Commissioners,
acting as the Airport Authority, authorize the County Manager
to execute the Culinary Accelerator lease extension agreement
with the Collier County Office of Business and Economic
Development at the Immokalee Regional Airport. (District 5)
e) Request that the Board approve the determine valid public
purpose for invoices payable and purchasing card transactions
as of August 17, 2022. (All Districts)
f) 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 July 28.
2022, and August 10, 2022, pursuant to Florida Statute 136.06.
(All Districts)
2) Recommendation to enter into a revised Tri-Party Developer
Contribution Agreement with Ave Maria Development LLLP, and the
School District, related to the construction of a new public elementary
school within the Town of Ave Maria, by request of the District
School Board of Collier County (School District). (All Districts)
3) Recommendation to authorize budget amendments
appropriating approximately $1,438,252,900 of unspent FY 2022
capital project and grant budgets into fiscal year 2023.
(All Districts)
4) Recommendation to approve a report covering budget amendments
impacting reserves up to and including $25,000, and moving funds in
an amount up to and including $50,000. (All Districts)
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions, or insurance
proceeds) to the FY21-22 Adopted Budget. (All Districts)
6) Recommendation to approve Change Order No. 3 to Agreement
No. 19-7624 (Purchase Order 4500212457), Clam Pass
Maintenance Dredging, to TSI Disaster Recovery, LLC, in the
Page 25
September 13, 2022
amount of $41,730.00. (District 2)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to donate a historically significant sculpture from
the Deltona era to the Marco Island Historical Society.
(Commissioner LoCastro) (All Districts)
2) Recommendation to direct staff to hire a vendor to conduct an
independent vessel impact study for the Rock Creek area and provide
the results to the Florida Fish and Wildlife Conservation Commission
(FWC). (District 4)
3) Recommendation to direct staff to amend the LDC and Administrative
Code to require mailed notice to abutting residential property owners
when a petition for Site Development Plan or Site Development Plan
amendment is filed for commercial property. (All Districts)
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the removal of uncollectible accounts
receivable in the amount of $45.00 from the financial records of the
Collier County Supervisor of Elections Office. (All Districts)
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of September
7, 2022. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to declare a vacancy on the Code Enforcement
Board. (All Districts)
2) Recommendation to appoint two members to the Public Transit
Advisory Committee. (All Districts)
Page 26
September 13, 2022
3) Recommendation to appoint a member to the Land Acquisition
Advisory Committee. (All Districts)
4) Recommendation to authorize the applications for tax deeds for seven
(7) County-held tax certificates and the forwarding of a written notice
to proceed with tax deed applications to the Tax Collector.
(All Districts)
5) Recommendation to approve the mediated Settlement Agreement and
Mutual Release resulting from the pre-suit dispute resolution process
in the agreement between Collier County and PWC Joint Ventures,
LLC, and recommendation to authorize the Chairman to sign the
attached agreement. (All Districts)
6) Recommendation to approve a Stipulated Final Judgment in the total
amount of $171,000 plus $56,340 in statutory attorneys' and experts’
fees and costs, for the taking of Parcel 193FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
7. Recommendation to approve a Stipulated Final Judgment in the total
amount of $139,225.24, including attorneys' fees and experts' fees and
costs, for the taking of Parcel 326RDUE required for the Vanderbilt
Beach Road Extension Project No. 60168. (All Districts)
8) Recommendation to approve a Stipulated Final Judgment in the
amount of $102,950 plus $26,254.35 in statutory attorney fees,
supplemental attorneys’ fees, and experts’ fees and costs for the
taking of Parcel 1167FEE plus an amount not to exceed $3,000 for
additional apportionment attorneys’ fees required for the Vanderbilt
Beach Road Extension Project No. 60168. (All Districts)
9) Recommendation to approve a Stipulated Final Judgment in the
amount of $89,000 plus $34,316.49 in statutory attorney and experts’
fees and costs for the taking of Parcel 106FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
10) Recommendation to approve a Stipulated Final Judgment in the total
amount of $29,362.77, including attorneys' fees and experts' fees and
costs, for the taking of Parcel 325RDUE required for the Vanderbilt
Page 27
September 13, 2022
Beach Road Extension Project No. 60168. (All Districts)
11) Recommendation to approve a Stipulated Final Judgment in the
amount of $100,000 plus $26,141.58 in statutory attorney fees,
apportionment attorneys’ fees, and experts’ fees and costs for the
taking of Parcel 1129FEE, plus an amount not to exceed $3,000 for
additional apportionment attorneys’ fees required for the Vanderbilt
Beach Road Extension Project No. 60168. (All Districts)
12) Recommendation to approve a Stipulated Final Judgment in the
amount of $106,000 plus $26,584.94 in statutory attorney fees,
apportionment fees, and experts’ fees and costs for the taking of
Parcel 1169FEE, plus an amount not to exceed $3,000 for additional
apportionment attorneys’ fees required for the Vanderbilt Beach Road
Extension Project No. 60168. (All Districts)
13) Recommendation to approve a Stipulated Final Judgment in the
amount of $113,000 plus $24,148.39 in statutory attorney fees,
apportionment fees, and experts’ fees and costs for the taking of
Parcel 1242FEE, plus an amount not to exceed $3,000 for additional
apportionment attorneys’ fees required for the Vanderbilt Beach Road
Extension Project No. 60168. (All Districts)
14) Recommendation to approve a Stipulated Final Judgment in the
amount of $645,000 plus $78,175.63 in statutory attorney fees,
apportionment attorneys' fees, and experts’ fees and costs for the
taking of Parcel 167FEE required for the Vanderbilt Beach Road
Extension Project No. 60168. (All Districts)
15) Recommendation to approve a Stipulated Final Judgment in the
amount of $89,000 plus $37,132.19 in statutory attorney and experts’
fees and costs for the taking of Parcel 105FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
16) Recommendation to approve a Stipulated Final Judgment in the
amount of $122,100 plus $26,212.66 in statutory attorney and experts’
fees and costs for the taking of Parcel 213FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
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September 13, 2022
17. Summary Agenda - This section is for advertised public hearings and must
meet the following criteria: 1) A recommendation for approval from staff; 2)
Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting;
3) No written or oral objections to the item received by staff, the Collier
County Planning Commission, other authorizing agencies or the Board, prior
to the commencement of the BCC meeting on which the items are scheduled to
be heard; and 4) No individuals are registered to speak in opposition to the
item. For those items which are quasi-judicial in nature, all participants must
be sworn in.
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A. This Item continued from the July 21, 2022, BCC Meeting.
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)
B. This item requires that ex parte disclosure be provided by Board of
Zoning Appeals members. Should a hearing be held on this item, all
participants are required to be sworn in. Zoning Petition -
PL20190000360 Seminole Trail Government Center Conditional Use.
Recommendation to approve a Resolution for the establishment of a
conditional use to allow the development of Safety Services and related
government uses as an essential service in the Conservation zoning district
within the Area of Critical State Concern and Special Treatment Overlay
(CON-ACSC/ST) pursuant to Section 2.03.09.B.1.c.2, of the Collier County
Land Development Code. The property is 1.83+/- acres and is described as
Lots 18 and 19 of Paolita Acres, an unrecorded subdivision, and is located
on the north side of Tamiami Trail East (US 41) approximately 0.85 miles
from Collier County’s eastern boundary in Section 36, Township 53 South,
Range 34 East, Collier County, Florida. (Companion to Item 16A3)
(District 5)
C. Recommendation to adopt resolutions approving the preliminary assessment
rolls as the final assessment rolls, and adopting same as the non-ad valorem
assessment rolls for the purpose of utilizing the uniform method of
collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste
Municipal Service Benefit Units, Service District No. I and Service District
No. II, Special Assessment levied against certain residential properties
Page 29
September 13, 2022
within the unincorporated area of Collier County, the City of Marco Island,
and the City of Everglades City, pursuant to Collier County Ordinance 2005-
54, as amended. Revenues are anticipated to be $30,930,600. (All Districts)
18. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
September 13, 2022
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: Well, good morning, everybody.
It's nice to see all the smiling faces. It's been a couple of months
since we've been here and conducted our business, and we're really,
really happy to have you back.
So with that, if you would, please rise, and before the rabbi
gives the blessing this morning, we're going to do a brief moment of
silence. We had a -- we had an unfortunate circumstance happen in
our country quite some time ago, and I would like if you would,
please, a moment of silence for the 9/11. Please.
(A moment of silence was observed.)
Item #1
INVOCATION BY RABBI AMMOS CHORNY OF BETH
TIKVAH SYNAGOGUE - INVOCATION GIVEN
CHAIRMAN McDANIEL: Amen. Rabbi, good morning.
RABBI CHORNY: Yes, sir. As we gather here this morning,
may the divine who blessed the old ones with courage to face their
fears and to be anointed by their stinging, streaming tears, with the
strength to bridge gaps, reach mountaintops, and tumble walls, with
the power to get up again and again after so many falls, with a
determination to work to better their communities, with the wisdom
and compassion to toil for unity, with a persistence to stay alive and
strive and fully thrive, with the daring to uproot and move to improve
their families' lives, with the love to rise above the grief, to dig down
deep, to love the haters, to lay down their lives on the line to mend
the world for themselves, for your life, and for mine.
May the divine who blessed the old ones with all these traits
bless us now with these blessings to be the authors of our own fates.
September 13, 2022
Page 3
May the divine who blessed the ones yet to be bless us at this
moment in the land of the free with all the blessings we need to heal,
all the injustices in this nation that are real.
May the divine awaken and kindle deep inside any latent power
we have to heal these divides. May the divine help us to become all
we can be, a nation of true peace, social justice equity, where
everyone who dwells herein receives all that they need to live and
love, to grow and thrive to achieve all our dreams, where children are
safe, nourished, cherished, and grow to learn in peace.
Where immigrants are welcomed from places they need to flee,
where people of all color, statures, beliefs, and identities are treated
equally with great respect and dignity, where science is listened to
and challenged only when necessary, where treaties are honored and
reparations are made immediately, where we honestly confront our
past and teach all who need to see that our differences are what make
us such a great democracy, where people are put before profits,
where we listen only to truth, where we revere our elders and
indigenous ones and listen to our youth, where we take stands for
social justice here and everywhere, where we lay -- lead by example
to be compassionate, just, and fair, where we take all the necessary
steps to heal our mother earth, where right now we're blessed to meet
one of our country's rebirth where the divine reminds us that labor
can also have great pains and that we have the power to ensure that
love reigns.
May this nation and the world heal its bodies, hearts, minds, and
souls. May we all know a complete healing to be truly free and
whole. Amen.
CHAIRMAN McDANIEL: With that, Commissioner
Saunders, will you lead us in the pledge this morning.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: And I neglected to introduce the
September 13, 2022
Page 4
rabbi. That was Rabbi Amos Chorny of Beth Tikvah Synagogue.
Thank you this morning.
All right. Are you ready?
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - MOTION BY COMMISSIONER
SAUNDERS TO CONTINUE ITEM #11F (#16C4) TO THE
NOVEMBER 8, 2022, BCC MEETING; SECONDED BY
COMMISSIONER TAYLOR – APPROVED; MOTION BY
COMMISSIONER SAUNDERS TO APPROVE AND OR
ADOPTED W/CHANGES; SECONDED BY COMMISSIONER
TAYLOR
MS. PATTERSON: Yes. I will now take the next hour to read
the change sheet.
CHAIRMAN McDANIEL: We were going over this yesterday.
One of the consequences of being off of our meeting schedule so long
is we have a large agenda and a lot of changes that need to be
effectuated, so bear with us, please.
MS. PATTERSON: So I will move along as quickly as
possible.
First change, withdraw Public Petition 6B. This is a request by
Dan Higgins regarding storage yards at the Naples Park project.
It's --
CHAIRMAN McDANIEL: You know what, before you go any
further, let me go ahead and announce -- since everybody's listening
and quite attentive. I usually forget to do this, but let's do the Artist
September 13, 2022
Page 5
of the Month, if you don't mind, please.
MS. PATTERSON: Of course.
CHAIRMAN McDANIEL: I'd like to -- if you have a moment,
view the art in the back of our room and on the sidewalls. We
welcome Morena Lunis for our September Artist of the Month. The
title of this month's art display is Naples boats which, who doesn't
love Naples boats?
Her artwork can be seen at Art Point Gallery located in
downtown Naples at 550 10th Street North. She is also the owner of
Naples Frame Up, the oldest custom framing shop in Naples. She
has a presence in -- she has been a presence in Florida since 2015
with her paintings decorating the walls of 130 homes. In addition,
her paintings can be found in private collections in 20 states from
Florida to California.
In '22, Morena donated 10 original paintings to the Tampa Zoo.
She is a supporter of local organizations such as the Naples Zoo and
the Naples Botanical Garden.
With that, when we have a break -- and we will at 10:30? I
knew that. At 10:30 we'll have a break, if you get a chance to get up
and have a look at her art.
And with that, Ms. Patterson, would you please continue.
MS. PATTERSON: 6B, continuing on, is withdrawn at the
petitioner's request.
Next is move Item 17A to Item 9B. This item was continued
from the July 21st, 2022, BCC meeting. It's a recommendation to
amend Ordinance No. 75-16, as amended, and 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
to the regular agenda at Commissioner LoCastro's request. This will
become Item 9B.
September 13, 2022
Page 6
I also have a clarification -- a language clarification to provide;
however, we can do that, should this move to the regular agenda, at
that time that it's heard.
Add-on Item 10B is a recommendation to approve a resolution
authorizing the formation of a Friends of the Collier County Veterans
Nursing Home for the purpose of soliciting and receiving funding for
developing ancillary services generally not provided within
state-operated facility at the future Collier County Veterans Nursing
Home. This is being added at Commissioner Saunders' request, and
you received this as a one-way communication last night.
Move Item 16H3 to Item 10C. This is a recommendation to
direct staff to amend the LDC and Administrative Code to required
mailed notice to abutting residential property owners when a petition
for Site Development Plan or Site Development Plan amendment is
filed for commercial property. This is being moved at
Commissioner McDaniel and Commissioner Solis' separate requests.
Add-on Item 10D is a request of the Board to appeal the Hearing
Examiner's decision in Hearing Examiner Decision No. 2022-38,
which finds that the proposed use of self-storage mini warehousing
indoor is comparable in nature to other permitted uses in Section
4.3.A of the Wentworth Estates Mixed-Use Planned Unit
Development. This is being moved at Commissioner -- or being
added on at Commissioner LoCastro's request.
Move Item 16C5 to Item 11D. This is a recommendation to
award construction Invitation to Bid No. 22-7959R, Collier County
Jail laundry renovation, to One Source Construction Company and
Builders Inc., in the amount of $2,094,550, and authorize the
Chairman to sign the attached agreement. This is being moved at
staff's request due to the dollar amount.
Move Item 16A31 to Item 11E. This is a recommendation to
hear Land Development Code amendment to follow -- to allow
September 13, 2022
Page 7
medical cannabis dispensaries in the same zoning districts as
pharmacies at two regularly scheduled daytime hearings and waive
the nighttime hearing requirement. This is being moved at
Commissioner Saunders' and Commissioner LoCastro's separate
requests.
Move Item 16C4 to Item 11F. This is a recommendation to
record -- award Request for Proposal No. 21-7919-ST, Construction
Manager at Risk, for Collier County Mental Health Facility to
DeAngelis Diamond Construction, LLC, for preconstruction services
in the amount of $207,965 and a fee of 4.75 percent of the future
to-be-determined guaranteed maximum price proposal for
construction services. This is being moved at Commissioner
McDaniel, Commissioner Saunders, Commissioner Taylor, and
Commissioner LoCastro's separate requests. We are proposing a
1:00 time-certain for this item, which we'll cover when I get through
the rest of the changes, in order to allow the Sheriff to be here and
bring forward some additional information.
Move Item 16D2 to Item 11G. This is a recommendation to
approve second amendment interlocal agreement between Collier
County and the City of Naples governing use of City of Naples beach
parking facilities and park and recreation programs, extending the
term to June 30th, 2023, and revising payment schedule to a monthly
basis based on $1.5 million per year. This is being moved at
Commissioner Saunders' request.
Move Item 16A1 to 11H. This item was also continued from
the July 12th, 2022, board 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 expressed
concern for public safety regarding meeting decorum, location, and
virtual options for neighborhood information meetings. This is a
companion to 17A, and this will be Item 11H.
September 13, 2022
Page 8
Move Item 14.3 to 16B3, which is a recommendation that the
Collier County Board of County Commissioners, acting as the
Community Redevelopment Agency, approve an agreement with
Collier County to accept Community Development Block Grant
funds in the amount of $250,000 for the design of the First Street
corridor pedestrian safety project. This was misplaced on the agenda
and is now being put on the consent agenda in its proper location.
Move Item 13A to 16J3 to record the minutes of the Board of
County Commissioners, the check number or other payment method,
amount payee, and purpose for which the referred disbursements
were drawn for the periods between August 11th, 2022, and
August 31st, 2022. Again, this is being moved to its proper location
on the consent agenda.
Continue Item 16C1 to the September 27th, 2022, BCC meeting.
This item is further continued from the June 28th, 2022, BCC
meeting. It's a recommendation to approve a second amendment to
the major user agreement for delivery and reuse of irrigation quality
water for Riviera Golf Club to provide a revised termination date due
to facility closure. This is being continued at Commissioner Taylor's
request.
And, finally, Item 16E8 and 16E9 dealing with the
administrative reports for the disbursement of property and disposal
of property are both being continued to September 27th, 2022, at
staff's request.
As noted, we'll have a correction for Item 17A at the Sheriff's
Office request, which we'll introduce when that item is heard.
There's a correction to Item 16C3. The executive summary
incorrectly references Invitation to Bid 20-8002. The correct
reference should be No. 22-8002, at staff's request.
And, as previously indicated, there's a proposed time-certain for
Item 11F, previously 16C4, to be heard no sooner than 1:00 p.m. or
September 13, 2022
Page 9
immediately following lunch. And that is, again, the Construction
Manager at Risk for Collier County Mental Health Facility.
We have also court reporter breaks scheduled today for 10:30
and 2:50.
With that, that's all the changes I have at this time.
CHAIRMAN McDANIEL: Before we go into any other
adjustments, I have a question I just want to talk to my colleagues
about. How do you-all feel about continuing that proposed 1:00
time-certain until our next stated communication? And that -- so the
Sheriff doesn't feel pressed. There's a lot of mis- and disinformation
out there with regard to that.
I know there are folks in the community that are concerned
about DLC's location there at all. But I pulled it, I know myself,
personally, because of the ambiguity in the executive summary with
regard to the contract and the CMAR with regard to the contract price
and not actually having that contract price.
And I just wanted to see if we wanted to go ahead and continue
that item as opposed to trying to jam it in at a time-certain and put
pressure under our Sheriff, so...
Commissioner Taylor.
COMMISSIONER TAYLOR: Mr. Chair, with due respect, I'd
like to ask our County Manager, is there a challenge you have if this
is continued until our next meeting in terms of the awarding of a
contract?
MS. PATTERSON: So we have been working on this contract
for about the last two months. I'm looking around. Here comes
Mr. Finn who can answer the question on timing. Obviously, we
want to have the benefit of having all of the information needed. So
Mr. Finn can come up and speak to the actual contractual issues that
this presents by moving it two weeks or not.
MR. FINN: Thank you, ma'am. For the record, Edward Finn.
September 13, 2022
Page 10
Mr. Chairman, members of the Board, welcome.
If this is delayed for a week or two, it's certainly not going to
negatively impact the schedule particularly much; however, if there is
a desire for discussion, we have a presentation prepared for later
today.
CHAIRMAN McDANIEL: Thank you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
One of the reasons that I asked this to be pulled off the consent
is we have a zoning application for the location for the David
Lawrence Center, this facility. That zoning application is pending.
There's not a 100 percent guarantee that that zoning application's
going to be approved. Obviously, we have to weigh the merits of the
application and determine whether that's the best location for this. I
know we've had discussions about this in the past, and we've
designated that as our first choice, but we have to listen to the zoning
application to validate that decision.
And so I think this is -- I hate to use these expressions of putting
the cart before the horse. But I don't think it's the right approach to
approve an engineering contract for a project on a specific location
when the location is still pending in terms of a zoning application. It
makes us look like we're rushing things, and I don't want to do that.
So I have no problem at all in continuing this for a couple weeks
because, as I said, I think this was kind of making it look like we're
rushing it.
CHAIRMAN McDANIEL: I'm with you.
Commissioner Solis.
COMMISSIONER SOLIS: I agree. If -- as long as the issue
of the location is -- my understanding was that this was being pulled
because it was a contractual issue that -- and as I understand
Commissioner Saunders saying, that maybe it's putting the cart
September 13, 2022
Page 11
before the horse. That's one thing. But, I mean, I have no problem
with that, and I think what he's saying makes sense.
I just want to make sure that if we put that off for a week or two
weeks, that that's what we're going to talk about and not necessarily
some of the compatibility issues which is going to be heard at the
zoning hearing. I want to make sure that the stakeholders and
everybody that's involved is going to have the opportunity to be here
when we go through that process.
CHAIRMAN McDANIEL: Well -- and I'm in complete
concert with Commissioner Saunders with regard to it. We shouldn't
be entering into a construction agreement on a piece of property that
isn't yet properly zoned. That should be heard first. Then we go
through the process once we actually know the zoning and the
approval of that.
COMMISSIONER SOLIS: Mr. Chair, if I can say one more
thing. I mean -- and I haven't gotten into the detail of the contract,
but I would assume that the contract would be dependent upon the
zoning application being completed. I mean, I don't think -- I would
have thought. But, anyway, I mean, that's an issue that we can talk
about. Because if the whole thing is dependent upon the conditional
use being granted, then --
CHAIRMAN McDANIEL: That's a whole 'nother -- that's a
whole 'nother bailiwick.
COMMISSIONER SOLIS: Right. So, yeah, I have no
problem with that, as long as that's what we're going to talk about as
opposed to some of the zoning issues which are going to be subject to
a public hearing.
CHAIRMAN McDANIEL: Absolutely.
Commissioner Taylor.
COMMISSIONER TAYLOR: So now I'm totally confused.
So we're striking a contract with a contractor without understanding
September 13, 2022
Page 12
that we even have the zoning on the property?
CHAIRMAN McDANIEL: We're going to continue this item
for two weeks.
COMMISSIONER LoCASTRO: We're trying not to do that.
CHAIRMAN McDANIEL: Yes, exactly.
COMMISSIONER TAYLOR: Okay. So continuing it to two
weeks, what are we discussing in two weeks? Are we discussing the
zoning on the property?
CHAIRMAN McDANIEL: No.
COMMISSIONER TAYLOR: When are we discussing the
zoning on the property?
COMMISSIONER SOLIS: November 8th.
CHAIRMAN McDANIEL: Correct. I think it's slated for that
date.
COMMISSIONER TAYLOR: On the -- okay. So why are we
discussing anything with any contractor if we don't have the zoning
on the property?
CHAIRMAN McDANIEL: That's a really good question, and
the assumption by us was that the contract, in fact, had a provision
that it didn't take effect until the zoning was in place, and we were
engaging the contractor for that particular job. I can't imagine we
would enter into a contract with anybody in advance of -- especially
on a predication of a rezone of a piece of property. I had issues with
the executive summary myself because the contract price had yet to
be determined for the CMAR.
COMMISSIONER SAUNDERS: Mr. Chair, can I make a --
CHAIRMAN McDANIEL: Yeah, sure.
COMMISSIONER SAUNDERS: I think we've all
said -- pardon me -- that we don't want to award a contract on a
parcel where the zoning is up for consideration. Why don't we
continue this contract until November 8th subsequent -- after the
September 13, 2022
Page 13
hearing on the zoning. If the hearing passes, the zoning passes, then
we have the contract on the agenda, and we can approve at that point
in time. Otherwise, in two weeks we're going to have the exact same
conversation which is should we be approving a contract before the
zoning is approved.
CHAIRMAN McDANIEL: And/or it gets continued again by
staff.
COMMISSIONER SAUNDERS: Unless Mr. Finn -- unless
Mr. Finn can convince me that that's not where we're heading, I
would suggest we continue this to a hearing on November 8th
after -- right after the zoning hearing.
MR. FINN: Thank you, sir. I know my powers of persuasion
are generally remarkable.
COMMISSIONER SAUNDERS: They're great.
MR. FINN: But in this case I think I'll suggest that after the
rezone takes place I think would be a good time to bring this back.
COMMISSIONER SAUNDERS: That would be my motion,
my suggestion.
COMMISSIONER TAYLOR: Second.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: Third.
Commissioner Soils, are you on? Are you off? You're good.
It's been moved and seconded we continue this until after the
hearing on November the 8th for the zoning. Any other discussion?
COMMISSIONER SOLIS: One point of discussion and maybe
for Mr. Finn. I mean, I'm assuming that the urgency is around the
constant escalation of construction costs, right? I mean, this
wasn't -- this wasn't an effort other than, I'm assuming, to head -- to
try to get things moving as fast as we can to avoid the additional cost
of delaying things.
MR. FINN: Yes, if I may. Edward Finn. The contract being
September 13, 2022
Page 14
reviewed today would be for preconstruction services. The
construction contracts themselves would be part of the gross
maximum price put together by this construction management
company. So the construction contract itself would be well, well
down the road.
The target date to commence construction isn't until December
of '23. So what we're talking about is in the short run, it would be to
bring them on board to provide preconstruction services including
estimating, value engineering, and generally get ready to put together
that gross maximum price for the construction project itself.
Nonetheless, I think moving this to November should not pose
an enormous difficulty.
CHAIRMAN McDANIEL: All right. Any other?
COMMISSIONER SOLIS: (Shakes head.)
CHAIRMAN McDANIEL: It's been moved and seconded that
we move it to the November 8th hearing after the zoning on this
particular piece of property. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
All right. Now, let's go into our ex parte -- you got something
else?
MS. PATTERSON: Yeah. So that's just going to
change -- that's going to change the numbering just a little bit. Just
September 13, 2022
Page 15
for clarification, 11F will move on to -- proposed 11F moves to 11/8,
November 8th, which makes 16D2 now 11F, 16A1 becomes 11G,
and that is it.
CHAIRMAN McDANIEL: There we go. Somebody's writing
all these things down?
MS. PATTERSON: Yes, I am.
CHAIRMAN McDANIEL: Okay, good.
All right. Let's start with, Commissioner Taylor, do you have
any ex parte and/or additional adjustments to today's agenda?
COMMISSIONER TAYLOR: Yeah. Now, let me -- oh, gosh,
I left the papers -- no, I'm not.
No, I have no amendments or changes to the agenda, and I have
no disclosures for the meeting. I will when we go to the Lely issue.
CHAIRMAN McDANIEL: Sure. That's -- we'll call for that
one when we go there, thank you.
Commissioner Saunders, good morning.
COMMISSIONER SAUNDERS: I have no ex parte, but I do
have one other change I'd like to propose.
Item 16D9 is a grant request from the federal government. And
there's been a lot of communication concerning that particular grant
application. And I think it would be important for staff to explain
what the grant is and what it obligates Collier County to do. This is
a grant from the CDC. And as you can well imagine, that's
generated some interesting comments and concerns as they relate to
COVID-19 and that sort of thing. So the question becomes, what's
the grant for and what does it obligate the county to do, if anything.
And so I would request that be placed on the regular agenda.
CHAIRMAN McDANIEL: All right. You want to place it on
the regular agenda?
COMMISSIONER SAUNDERS: Yes, sir.
CHAIRMAN McDANIEL: Okay.
September 13, 2022
Page 16
MS. PATTERSON: That becomes Item 11H.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro,
good morning.
COMMISSIONER LoCASTRO: Good morning. No changes,
no disclosures.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: No changes. The only disclosure I
have is on 17B, the Seminole Trail Government Center conditional
use, and I received a couple of emails regarding that matter.
CHAIRMAN McDANIEL: Very good. I have no changes
myself, and the same disclosures on 17B with regard to the -- to that
item. I had emails as well.
So do you want to do -- do you want to do all of these agendas
[sic] en masse?
COMMISSIONER SAUNDERS: (Nods head.)
CHAIRMAN McDANIEL: So I'll take a motion for the
approval of the agendas of June 14th, 28th, and the 12th -- July 12th
in absentia.
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the amended agenda as it is today and these minutes from
the in-absentia meetings that transpired while we were out and about.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
September 13, 2022
Page 17
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Done.
Now we get to do the fun things.
MS. PATTERSON: That's right. That brings us to Item 3,
awards and recognitions.
*****
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
September 13, 2022
Withdraw Public Petition 6B: Public Petition Request by Dan Higgins regarding storage yards at the Naples
Park project. (Petitioner’s Request)
Move Item 17A to Item 9B: *** This Item continued from the July 21, 2022, BCC Meeting. ***
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) (Commissioner Locastro’s Request)
Add On Item 10B: Recommendation to approve a Resolution authorizing the formation of a “Friends of the
Collier County Veterans Nursing Home” for the purpose of soliciting and receiving funding for developing
ancillary services generally not provided within a state operated facility at the future Collier County
Veterans Nursing Home. (Commissioner Saunders’ Request)
Move Item 16H3 to Item 10C: Recommendation to direct staff to amend the LDC and Administrative Code
to require mailed notice to abutting residential property owners when a petition for Site Development Plan
or Site Development Plan amendment is filed for commercial property. (All Districts) (Commissioner
McDaniel’s and Commissioner Solis’ Separate Requests)
Add On Item 10D: Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner
Decision No. 2022-38 which finds that the proposed use of self-storage/mini warehousing, indoor (SIC Code
4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use
Planned Unit Development created by Ordinance No. 03-51, as amended. (Petition No. PL20220001501)
(Commissioner LoCastro’s Request)
Move Item 16C5 to Item 11D: Recommendation to award Construction Invitation to Bid (“ITB”) No. 22-
7959R, “Collier County Jail Laundry Renovation,” to OneSource Construction Company & Builders, Inc.,
in the amount of $2,094,550 and authorize the Chairman to sign the attached Agreement. (District 1) (Staff’s
Requests)
Move Item 16A31 to Item 11E: Recommendation to hear a Land Development Code amendment to allow
medical/cannabis dispensaries in the same zoning districts as pharmacies at two regularly scheduled daytime
hearings and waive the nighttime hearing requirement. (All Districts) (Commissioner Saunders’ and
Commissioner Locastro’s Separate Requests)
Move Item 16C4 to Item 11F: Recommendation to award Request for Proposal (“RFP”) No. 21-7919-ST,
“Construction Manager at Risk (“CMAR”) for Collier County Mental Health Facility,” to DeAngelis
Diamond Construction LLC, for pre-construction services in the amount of $207,965.00, and a fee of four-
point seven five percent (4.75%) of the future to be determined Guaranteed Maximum Price (“GMP”)
proposal for construction services. Infrastructure Surtax Fund (318), Project 50239. (District 3)
(Commissioner McDaniel’s, Commissioner Saunders’, Commissioner Taylor’s, and Commissioner
Locastro’s Separate Requests)
Move Item 16D2 to Item 11G: Recommendation to approve Second Amendment to Interlocal Agreement
between Collier County and the City of Naples governing use of City of Naples beach parking facilities and
park and recreation programs extending the term to June 30, 2023, and revising the payment schedule to a
monthly basis based on $1.5M per year. (All Districts) (Commissioner Saunders’ Request)
Move Item 16A1 to Item 11H: *** This Item continued from the July 12, 2022, BCC Meeting. ***
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) (Commissioner
Locastro’s Request)
Move Item 14.3 to Item 16B3: Recommendation that the Collier County Board of County Commissioners
(BCC), acting as the Community Redevelopment Agency (CRA), approve an agreement with Collier County
to accept Community Development Block Grant (CDBG) funds in the amount of $250,000 for the design of
the First Street Corridor Pedestrian Safety Improvement Project, authorize the Chairman of the CRA to
sign the grant agreement, and authorize necessary budgets amendments. (Project 33831) (District 5) (Staff’s
Request)
Move Item 13A to Item 16J3: 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 August 11, 2022 and August 31, 2022 pursuant to Florida Statute
136.06. (All Districts) (Staff’s Request)
Continue Item 16C1 to the September 27, 2022, BCC Meeting: *** This Item continued from the June 28,
2022 BCC Meeting. *** Recommendation to approve a Second Amendment to the Major User Agreement
for Delivery and Reuse of Irrigation Quality ("IQ") Water with the Riviera Golf Club/Lucky Two Golf,
LLC, to provide a revised termination date due to facility closure. (District 4) (Commissioner Taylor’s
Request)
Continue Item 16E8 to the September 27, 2022, BCC Meeting: Recommendation to approve the
administrative report prepared by the Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts) (Staff’s Requests)
Continue Item 16E9 to the September 27, 2022, BCC Meeting: Recommendation to approve the
administrative report prepared by the Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts) (Staff’s Requests)
Notes:
Correction to Item 16C3: The Executive Summary incorrectly references Invitation to Bid (ITB) 20-8002, the
correct reference should be No. 22-8002. (Staff’s Request)
Change language in Item 17A (Proposed 9B) Section 3: Sergeant-at-arms (Collier County Sheriff’s Office
Request)
Current Language:
The County Sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the Board of County
Commissioners and shall carry out all orders of the Chairman to maintain order and decorum, including the
removal of a disorderly person when requested by the Chairman.
Proposed:
The County Sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the Board of County
Commissioners and shall carry out all orders of the be available to maintain may assist the Chairman in
maintaining order and decorum, including the removal of a disorderly person when requested by the
Chairman.
Time Certain Items:
Item 11F (previously 16C4) to be heard no sooner than 1:00 PM – “Construction Manager at Risk
(“CMAR”) for Collier County Mental Health Facility” RFP award
10/13/2022 1:03 PM
September 13, 2022
Page 18
Item #3A1
RECOGNIZE CRAIG PAJER FOR BEING AWARDED THE
HONOR OF "2022 GOVERNMENT ENGINEER OF THE YEAR"
BY THE FLORIDA ENGINEERING SOCIETY, CALUSA
CHAPTER – PRESENTED
MS. PATTERSON: Item 3A1 is a recommendation to
recognize Craig Pajer for being awarded the honor of 2022
Government Engineer of the Year by the Florida Engineering
Society, Calusa Chapter.
And while Mr. Pajer makes his way up, I'm going to read a little
bit about him.
Craig Pajer is a professional engineer and director of our
subregional utilities division. Craig has more than 40 years of
professional experience in designating [sic] water and wastewater
systems and utility development projects. His diverse utility
knowledge and experience will continue to ensure the successful
planning and completion of our utility expansion projects.
Craig has been with Collier County for 12 years and has led the
design and construction for the northeast service area for a utility
infrastructure. He holds both a bachelor's of science and a master's
of science degree in civil engineering as well as a professional
engineering license from the State of Florida.
He is a fellow with the Florida Engineering Society and is a
member of the American Society of Civil Engineers, the American
Waterworks Association, and the Water Environment Federation.
The mission of the Florida Engineering Society is to enhance the
knowledge, skills, and status of its members by providing unique
opportunities for personal and professional growth. These
opportunities are made available by promoting engineering
September 13, 2022
Page 19
education, engineering licensure, and the ethical and competent
practice of engineering. The Calusa chapter serves professional
engineers in Charlotte, Lee, and Collier Counties.
Congratulations, Mr. Pajer, for being selected.
CHAIRMAN McDANIEL: You've got a -- do you have a
speech for us?
MR. PAJER: I have a few comments to make, if you don't
mind.
CHAIRMAN McDANIEL: I don't mind at all. Has anybody
reviewed his comments?
MS. PATTERSON: (Shakes head.)
MR. PAJER: I'll try to be kind.
Commissioners, thank you for recognizing the award this
morning. Although it is nice to receive the reward -- the award, it is
shared by many other governmental engineers within Collier County.
Our county has engineers working in the fields of Coastal
Management, Transportation, Engineering, Traffic Operations,
Construction Management, Development Review, Stormwater
Management, Road and Bridge Management, Facilities Design, Solid
Waste, SCADA, Water and Wastewater Engineering.
Together, with our operations staff, we work together as a team
bringing the residents and the visitors of Collier County the best
county in Florida to live, work, and play.
And as a sidenote, there are multiple engineering opportunities
available in Collier County. If there's any future engineer graduates
that are listening to this meeting today, I would welcome them to
consider employment with Collier County Government. We need
good engineers working in our -- in our government and, also, any
people that are interested in operations of our infrastructure facilities
would be greatly appreciated.
With that, again, thank you for this recognition.
September 13, 2022
Page 20
CHAIRMAN McDANIEL: Come on up here and get your
plaque.
(Applause.)
COMMISSIONER LoCASTRO: You didn't say anything
controversial.
MR. PAJER: Thank you.
(Applause.)
Item #3D
RECOMMENDATION TO RECOGNIZE HECTOR CERVANTES,
PARKS AND RECREATION DIVISION, AS THE JULY 2022
EMPLOYEE OF THE MONTH – PRESENTED
MS. PATTERSON: Item 3D, Employee of the Month. 3D1,
recommendation to recognize Hector Cervantes, Parks and
Recreation Division, as the July 2022 Employee of the Month.
Let me tell you a little bit about Hector. Hector Cervantes is a
crew leader in the Parks and Recreation Division and has been
employed with the county since June of 2013. The primary role of a
crew leader is to provide oversight to a group of staff responsible to
perform grounds and park maintenance which ensures the park is
clean, trash and recycling is collected, that landscaping is performed,
grounds around the park are watered, and courts are free of debris for
the patrons at the park location. Hector oversees the crews assigned
to East Naples Community Park and Bayview Regional Park, takes
great pride in doing whatever is needed to make his parks the best
they can be, and strives to provide excellent customer service.
A great example of Hector's commitment to exceeding
expectations was during the preparation period for the US Open
Pickleball Champion Tournament in April of 2022. The US Open
September 13, 2022
Page 21
anticipated the largest crowd in the history of the tournament with
over 2,500 participants and 25,000 spectators who would be at East
Naples Community Park during a seven-day period.
Hector was undaunted by the challenging -- the challenge and
committed to making sure the community center and park were ready
for this event. He coordinated with other crew leaders and his teams
on numerous special projects to prepare the grounds for residents,
visitors, vendors, and players while running his own day-to-day
operations.
Rather than utilizing the services of outside vendors, which the
county would normally have engaged to perform the tasks, Hector
and his crew removed several small pavilions, installed two
semi-truckloads of mulch in the playground, and repaired concrete
and asphalt walkways. Additionally, under Hector's guidance, he
and his team installed, spread, graded, and compacted over 460 tons
of stone in just a four-day period, stabilizing the area in the East
Naples Community Park for additional event parking.
His determination in coordinating these special projects has
benefited the county through increased operational efficiencies,
created a safe environment, and led to a positive customer service
experience.
Hector is committed to maintaining a safe and clean
environment in the East Naples Community Park for each resident,
visitor, and vendors. He is patient, leads by example, and inspires
his team with a positive can-do attitude. For these reasons, Hector
Cervantes was selected as the July 2022 Employee of the Month.
Congratulations.
(Applause.)
CHAIRMAN McDANIEL: Thank you again, my friend.
MR. CERVANTES: Thank you.
(Applause.)
September 13, 2022
Page 22
Item #4A
PROCLAMATION RECOGNIZING THE BOAT HOUSE OF
NAPLES AS RECIPIENT OF THE WASTE REDUCTION
AWARDS PROGRAM (WRAP) AWARD, FOR CONTRIBUTING
TO THE GREATER GOOD OF COLLIER COUNTY BY
ADVOCATING THE "REDUCE, REUSE, RECYCLE" MESSAGE,
THEREBY HELPING TO PROLONG THE USABLE LIFE OF
THE COLLIER COUNTY LANDFILL. ACCEPTED BY JEREMY
BECK AND MATT ROTH – ADOPTED
MS. PATTERSON: Item 4, proclamations. Item 4A.
CHAIRMAN McDANIEL: Yay.
MS. PATTERSON: Is a proclamation recognizing the
Boathouse of Naples as recipient of the Waste Reduction Awards
Program award for contributing to the greater good of Collier County
by advocating the "Reduce, Reuse, Recycle" message thereby helping
to prolong the usable life of the Collier County Landfill. To be
accepted by Jeremy Eck and Matt Roth.
CHAIRMAN McDANIEL: You get a plaque as well along
with --
COMMISSIONER LoCASTRO: No check.
CHAIRMAN McDANIEL: Yeah. Thank you very much.
Item #4B
PROCLAMATION DESIGNATING SEPTEMBER 22, 2022, AS
FALLS PREVENTION AWARENESS DAY IN COLLIER
COUNTY. ACCEPTED BY STEPHANIE GOMEZ AND SUE
HAVILAND, REPRESENTATIVES OF STEP SMART COLLIER –
September 13, 2022
Page 23
ADOPTED
MS. PATTERSON: Item 4B is a proclamation designating
September 22nd, 2022, as Falls Prevention Awareness Day in Collier
County. To be accepted by Stephanie Gomez, representative of Step
Smart Collier.
(Applause.)
MS. GOMEZ: Don't drop the check.
CHAIRMAN McDANIEL: No check for you either. We're all
out of checks. Thank you.
MS. GOMEZ: Thank you, Commissioners. Sorry, I sang too
much this weekend, and I lost my voice.
CHAIRMAN McDANIEL: Where were you singing?
MS. GOMEZ: At worship. Worship, so it was worth it.
CHAIRMAN McDANIEL: Oh, you sing in church.
MS. GOMEZ: Yes, sir.
Stephanie Gomez with Step Smart. Thank you so much for this
recognition.
I wanted to just take a moment, since I do have the attention of
our county, to invite our community for an event we have next week.
We're partnering with the Collier's Park and Recreation. We're
going to be having a lecture, like a presentation on different methods
that we can prevent falls. It's going to be at the North Collier
Regional Park on Tuesday next week at 1:00 p.m. It's going to be
followed up by free different screenings for balance, vision, hearing,
different things that affect falls.
And when I was looking into data of 2019 because, you know,
the data lags behind, 2019 is the year that death by fall surpassed
death by automotive vehicles.
CHAIRMAN McDANIEL: Goodness.
MS. GOMEZ: Yet we don't hear enough about fall prevention.
September 13, 2022
Page 24
You get tickets if you don't buckle your seat belt or if you turn, you
know, the wrong left, but you don't have a fall prevention patrol
come into your home and saying "that rug is a ticket."
So our efforts is to go out in the community and really empower
folks to do things that are simple yet preventable for such a big issue
for older adult population. So thank you again.
CHAIRMAN McDANIEL: Thank you, Stephanie.
MS. GOMEZ: Appreciate it.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING SEPTEMBER 15th
THROUGH OCTOBER 15, 2022, AS HISPANIC HERITAGE
MONTH IN COLLIER COUNTY. THIS PROCLAMATION
WILL BE PRESENTED TO COMMISSIONER SOLIS FOR
DELIVERY TO HISPANIC COUNCIL FOUNDATION OF
COLLIER COUNTY, INC., AND COUNCIL OF HISPANIC
BUSINESS PROFESSIONALS, INC. – ADOPTED
MS. PATTERSON: Item 4C is a proclamation designating
September 15th through October 15th, 2022, as Hispanic Heritage
Month in Collier County. The proclamation will be presented to
Commissioner Solis for delivery to Hispanic Council Foundation of
Collier County, Inc., and Council of Hispanic Business Professionals,
Inc.
CHAIRMAN McDANIEL: Do you want to make him get
down front and take a picture?
COMMISSIONER SOLIS: No.
COMMISSIONER LoCASTRO: No check either, right?
(Applause.)
September 13, 2022
Page 25
CHAIRMAN McDANIEL: Thank you, sir, for doing what you
do there.
COMMISSIONER SOLIS: Thank you.
Item #4D
PROCLAMATION DESIGNATING SEPTEMBER 2022 AS
PAYROLL AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY THE COLLIER COUNTY CLERK OF THE
CIRCUIT COURT & COMPTROLLER'S PAYROLL
PROCESSING TEAM OF LESLIE MILLER, LORI BROWN, ERIN
ROXBERRY, AND ARIC CHRISTENSEN – ADOPTED
MS. PATTERSON: Item 4D is a proclamation designating
September 2022 as Payroll Awareness Month in Collier County.
To be accepted by the Collier County Clerk of the Circuit Court
and Comptroller's payroll processing team of Leslie Miller, Lori
Brown, Erin Roxberry, and Aric Christensen.
COMMISSIONER LoCASTRO: Everyone's aware of payroll
now, right? Right? Payroll was a big secret, but now we've gotten
the word out.
CHAIRMAN McDANIEL: Who gets the prize?
If I lean one way or the other, it balances it all out.
Thank you. Thank you, all.
(Applause.)
Item #4E
PROCLAMATION RECOGNIZING THE COLLIER COUNTY
COMMUNITY EMERGENCY RESPONSE TEAMS (CERT).
ACCEPTED BY JAMIE CUNNINGHAM, RAY WODYNSKI,
September 13, 2022
Page 26
BARRY GERENSTEIN, RICHARD BLEE, BILL O'BOYLE,
MICHAEL PASSARETTI, AND HEATHER MAZURKIEWICZ –
ADOPTED
MS. PATTERSON: Item 4E is a proclamation recognizing the
Collier County Community Emergency Response Team, CERT, to be
accepted by Jamie Cunningham, Ray Wodynski, Barry Gerenstein,
Richard Blee, Bill O'Boyle, Michael Passaretti, and Heather
Mazurkiewicz.
(Applause.)
COMMISSIONER SOLIS: We need a bigger room just for
pictures.
UNIDENTIFIED FEMALE VOICE: It's a lot of volunteers.
(Applause.)
CHAIRMAN McDANIEL: Thank you, sir. And as they're
clearing, those folks do an enormous amount of good for -- oh,
Captain, you got something to say? What are you now?
COMMANDER CUNNINGHAM: Commissioners,
Commander James Cunningham, Collier County Sheriff's Office.
But I also volunteer as the National CERT Association vice
president. And on behalf of National CERT and the more than 1,200
members and programs around this country who partner with FEMA
to have a resilient committee, Collier County has been -- has had
active CERT programs for over 20 years here in Collier County.
And they are the ones that, during times of disaster like hurricanes, et
cetera, they are out there filling the gaps, taking care of the
communities.
As you see by the number of volunteers here today, they are
trained to be able to take care of themselves, thy neighbors and their
friends, during those times of disaster before help can actually arrive.
They not only are able to take care of their communities at home, but
September 13, 2022
Page 27
many of these teams have deployed throughout the state of Florida
during several disasters over the course of the eight years, helping
other neighbors around the community as well as volunteers.
When you put together the tens of thousands of volunteer hours
that CERT has done throughout the state of Florida as, obviously,
stewards of the government dollars, these are the people that fill the
gap when there's no one else to be able to be there.
And so, obviously, it would not happen without the support of
the county fire chief. Obviously, Chief Sapp, as well as Chief Eloy
Ricardo represented by Chief Eminets (phonetic) here today, because
those programs that train these certain members and keep them on the
ready always ready to go is why our community is the safest
community not only in the state of Florida but in Collier County.
Thank you if you are recognizing our community volunteers.
(Applause.)
CHIEF SAPP: Nolan Sapp, fire chief, Greater Naples Fire
Rescue. I yielded most of my time to Jamie.
But, anyway, I wanted to take an opportunity to recognize the
CERT team. They do an enormous job in our community. I
participated with an event over the weekend, and it went off without
a hitch. It was all spearheaded by them to recognize the family that
belonged to a firefighter who passed away in the 9/11 building
collapse. So they're always out there for us. And, you know,
although we're identified as the first responders in Collier County,
they truly are the very first responders in their own community, and
they work very hard in their community communicating with each
other, making sure that when the moment comes and they're needed,
they're responding before we even get on the street a lot of times.
They're dealing with those crises that occur in their own
neighborhoods, their own HOAs, and so forth.
So, again, with their support and help, we help complete the
September 13, 2022
Page 28
mission together to make sure that all of Collier County is safe.
Thank you for your time.
CHAIRMAN McDANIEL: Thank you, Chief.
(Applause.)
CHAIRMAN McDANIEL: Get your ball cap and go. Thank
you all very much.
And before we move on, I've got -- Commissioner Solis has a
few words he'd like to say.
COMMISSIONER SOLIS: Yeah. I'm sorry. Thank you,
Mr. Chair.
I was remiss -- and Mr. Pajer, the engineer, reminded me of this.
And I just want to let everybody know that one of the things that the
Council for Hispanic Business Professionals and the Collier -- the
Hispanic Foundation of Collier County does is it has a scholarship set
up at the -- with Community Foundation specifically for young
Hispanic women to study STEM fields, science, technology,
engineering, and math, which is extremely under -- it's an area that,
for whatever reason, it seems like Hispanic young women do not
statistically go into. So there's a scholarship out there, and hopefully
we'll help address some of our need for engineers in Collier County.
So thank you.
MR. PAJER: Sounds great, thanks.
MS. PATTERSON: Chair, could we get a motion to approve
the proclamations.
COMMISSIONER LoCASTRO: Motion to approve.
COMMISSIONER TAYLOR: Second.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
the proclamations be approved. Any other discussion?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
September 13, 2022
Page 29
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: This moves us to Item 5, presentations.
Item #5A
LCEC EQUITY DISTRIBUTION CHECK PRESENTATION BY
TRICIA DORN, KEY ACCOUNT EXECUTIVE, LEE COUNTY
ELECTRIC COOPERATIVE – PRESENTED
MS. PATTERSON:Item 5A is the LCEC Equity Distribution
check presentation by Tricia Dorn, key account executive, Lee
County Electrical Cooperative.
MS. DORN: Thank you. Thank you, good morning. Good
morning, Commissioners. My name is Tricia Dorn, key account
executive with LCEC.
LCEC provides power to five counties within -- five cities
within Collier County, which includes Marco Island, Everglades
City, Copeland, Immokalee, and Ave Maria. LCEC is a
not-for-profit electric distribution cooperative. Equity represents a
members contribution to the construction and operation of the
electrical system. Not-for-profit cooperatives like LCEC utilizes
revenues to build and maintain infrastructure, purchase materials and
services needed to deliver the power, recruit and retain skilled
employees and also implement technology.
Unlike municipal- or investor-owned utilities, any funds
remaining after expenses are allocated back to our members in the
September 13, 2022
Page 30
form of an equity credit. Over the years, LCEC has been financially
strong enough to retire and return more than $317 million to our
members.
I would like to take this time to also mention that LCEC
appreciates the partnership that we have with Collier County
Government. This includes police and fire. And I know they
already left the room. I would have liked to have personally thanked
them as well. But this is not only during hurricanes and major
events but throughout the year 24/7.
With that being said, today I'm here to present Collier County
Board of County Commissioners with your equity check in the
amount of $84,120. And I'd like to give that to you today.
(Applause.)
MS. DORN: I have a fake check for you.
CHAIRMAN McDANIEL: You have a big check for us?
MS. DORN: You have the real check already.
MS. PATTERSON: Thank you so much.
MS. DORN: You guys are coming down?
CHAIRMAN McDANIEL: Yes.
MS. DORN: Oh, nice. Thank you. Good seeing you guys.
COMMISSIONER LoCASTRO: Yeah. Good seeing you.
CHAIRMAN McDANIEL: I believe we have one more to go?
MS. PATTERSON: One more to go.
Item #5B
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR SEPTEMBER 2022, TO HR BY KAREN, LLC.
THE AWARD WILL BE ACCEPTED BY KAREN SHEPHERD,
OWNER. ALSO PRESENT ARE RED GAMSO, DIRECTOR OF
MARKETING & COMMUNICATIONS, AND MELANIE
SCHMEES, DIRECTOR OF BUSINESS & ECONOMIC
September 13, 2022
Page 31
RESEARCH, BOTH FROM THE GREATER NAPLES CHAMBER
OF COMMERCE - PRESENTED
MS. PATTERSON: Item 5B is a presentation of the Collier
County Business of the Month for September 2022 to HR by Karen,
LLC. The award will be accepted by Karen Shepherd, owner. Also
present are Red Gamso, director of marketing and communications;
Melanie Schmees, director of business and economic research; and
Bethany Sawyer, Chamber of Commerce vice president of
membership. I should say all three of them are from the Greater
Naples Chamber of Commerce.
Congratulations.
CHAIRMAN McDANIEL: Do you want to say a few words?
MS. SHEPARD: Yes. Do you mind?
CHAIRMAN McDANIEL: No, not at all. Well, I don't think
so.
MS. SHEPARD: Thank you. This is quite an honor after only
being in business just over two years now and started in the middle of
COVID.
One of the things that I am most proud of with HR by Karen that
has grown, besides the employment handbooks and the recruitment,
is my free community events.
I love Collier County. I only moved here three years ago. And
it has embraced me as much as I've embraced Collier County.
So I do free community training. My next one is October 18th.
It is "Avoiding the landmines of negligent hiring." It's a really big
topic. Everyone has problems with the hiring. So HR by Karen is
here to help. October 18th registration's at 7:30 at Da Ru Ma's
banquet room, and they can register on my website at
HRbyKaren.com.
So thank you all again for this honor. I really appreciate it.
September 13, 2022
Page 32
CHAIRMAN McDANIEL: Congratulations to you.
MS. SHEPARD: Thank you.
(Applause.)
Item #6A
PUBLIC PETITION REQUEST BY ELIZABETH RADI
REGARDING A 60-DAY NOTICE TO TENANTS ORDINANCE -
MOTION BY COMMISSIONER SAUNDERS TO BRING BACK
THE 60-DAY TENANT NOTICE TO THE OCTOBER 11, 2022,
BCC MEETING; SECONDED BY COMMISSIONER TAYLOR –
APPROVED
MS. PATTERSON: That brings us to Item 6, public petitions.
Item 6A is a public petition request by Elizabeth Radi regarding
a 60-day notice-to-tenants ordinance. She has 10 minutes.
MS. RADI: You'll have to excuse me. I have no idea what I'm
doing.
COMMISSIONER TAYLOR: We have people who can help.
MS. RADI: Thank you. Okay. Elizabeth Radi, head of the
Collier County Tenant Union. Good morning, Commissioners and
staff.
I've come before you today to petition for the reintroduction of
the 60-day tenant union -- or tenant ordinance based on the recently
passed ordinance from the City of Naples. It's my hope that you
would not only reconsider your previous denial but to take the
opportunity to restore hope back into the lives of the residents in
Collier County who are massively being affected by this recent crisis.
I struggled with how I was going to present myself in this
petition. I sought legal counsel, advice from trusted friends and
colleagues, and I literally jumped down rabbit hole after rabbit
September 13, 2022
Page 33
hole -- there were a lot of them -- just trying to make sure that I made
a solid argument only to feel no peace.
I can't sit here -- I can sit here and argue stats and statutes or I
can talk about what I do know for sure, because you guys already
know the stats. I know for sure what it feels like as a parent having
to decide whether or not to put food on our table or gas in our car for
work; to lay awake at night riddled with the guilt and overwhelming
anxiety; to feel completely helpless to situations that are beyond your
control and no real remedy and to not understand how another human
could make or break your life with zero signs of compassion. After
all, it's just business, and I'm not your charity case; to want someone
to see you, not just see through you, as you are just another needy
individual or voice on the other end of a nowhere conversation.
The "I'm sorry, we can't help you" carries just as much defeat as
the eviction notice posted on the door. One thing I know for sure is
we are losing hope fast. Not only in our local leaders we are -- that
we voted in but our community as a whole. The greed has overtaken
this community, and the NIMBYism is without logic. People are no
longer concerned with the workforce living here. After all, they can
live somewhere else and commute, right?
To me, this is no different than the '60s where the help was
bussed in from across the tracks. You can't live here, but you can
work here. I call this economical segregation and regression.
What I do know for sure is that the county leaders over the years
have ignored, fed into, and perpetuated the facade that there is no
need for affordable or workforce housing till, as a county, we have
built ourselves into a corner with very few viable options and no real
short-term solutions.
I spoke about the 60-day ordinance months back as a way to
help people buy time and either relocate or get the services they
needed. And although considered and denied, you pushed the ERA
September 13, 2022
Page 34
funding. I warned, if an already overwhelmed process with the
extreme push to create mass applications, that there would be a
bottleneck effect and just didn't make sense.
I have spoken and emailed those assisting and working with the
county ERA programs on multiple occasions, and it's usually when
somebody has an eviction or dire circumstances. And I fully
understand what they are up against, and I know that they are
tirelessly working to help everyone who applies. They genuinely
feel the weight of their struggles, but the funding from start to finish
is still taking 60 to 120 days. Usually within 30 days of nonpayment
you receive some form of eviction notice. Sixty to 90 days, there is
no repairing that for the most part.
I have spoken with several apartment communities, and they are
not willing to work with ERA funding any longer. One complex had
20 evictions coming out with several of them ERA programs
promised.
We are reaching a boiling point. Your nonprofits are tapping
out as well, and rents aren't really going down in price.
I spoke with an attorney at Legal Aid, and the take on it is the
landlords don't really care. They just want the people out so they
can basically raise the rents.
I recently watched a video from the owner of Monarch, an
investment corporation landlord. And he said, and I quote, we have
an unprecedented opportunity to press and raise rents and renewals.
The country is highly occupied, and where are they going to go?
They can't go anywhere. They have to be in apartments. And this
is a tremendous opportunity to press rents and reset the rental market
in which we have already done numerous times this year.
In Chapter 83, it talks about good faith and honesty in fact and
in conduct and in transaction and the definition of unconscionable,
which could be left up to interpretation and applicability. And I
September 13, 2022
Page 35
think -- where am I going with this? -- is a doctrine in contract law
that describes terms that are so extremely unjust or overwhelmingly
one-sided in favor of a party who has a superior bargaining power,
and they are contrary to good conscience.
Although we know that tenants in Florida have no rights, and the
landlords basically bought and paid for Chapter 83, much of what we
have been seeing by definition is unconscionable. And if this
ordinance was passed, it might possibly give tenants not only time,
but a leg to stand on during an eviction.
So I ask the rhetorical questions: How long do you think
Collier County can sustain this? How long are you going to ignore
the struggles of the workforce? And how long are you going to
continue to perpetuate the lies and insanity of the current status quo?
How many more Collier County families need to end up displaced
and homeless for you to realize what you are doing hasn't and isn't
working? And, finally, what will you lose by giving hope and time
back to those who need it so desperately?
The thing is is that this ordinance, city and county -- we've got
our studies, the ULI studies. They're basically a lot of -- a lot alike.
They're -- basically, that's what they are. You've got your violations,
your penalties. You have -- let me see. You have your provisions
in here for your 60-day. You have your provisions in here for 15
days if it's a month to month. Same thing that's in the Chapter 83
statutes, okay.
All you have to do is take what's already been enacted in the
city, change the wording to fit the county, and then we can have a
level of continuity within both city and county to help give hope and
help back to these residents.
What's happening is not working. And if you get out in the
community and you sit on the other end of these phone calls that so
many of us behind the scenes -- not the ones cutting the checks for
September 13, 2022
Page 36
these organizations because we have millions of dollars in portfolios
that we can just cut checks for, but the people that are out here
listening on the other end, these people who are struggling.
You know, one mother had -- her son has Stage 4 cancer. She
gets an eviction notice. What do we do? She doesn't even get 60
days' notice. It's -- it's insanity what's happening, and we have the
opportunity to fix this at least for 60 days.
As the owner of Monarch said, we have an unprecedented
opportunity, and we do. We as a county do. This isn't mask
mandates. This isn't removing people's freedoms. It's not rent caps
or more government. It's simply requiring landlords to do the right
thing; leveling the playing field and giving people back a fighting
chance and, most of all, hope.
And I know there were three of you that were in favor of the
previous 60-day ordinance, and it's my hope that you will stand your
ground and still choose to do the right thing even if it seems to be an
unpopular choice.
And I do want to say one thing in my last 40 seconds. There
are so many people that are working behind the scenes every day. I
read a commissioner's email about certain people, you know, being
acknowledged for what they're doing and not just what they say
needs to be done. Many of us don't have big checkbooks [sic] that
we can write or properties that we can donate, but every single day,
including your county employees, are there in the gap working and
doing everything they can to try and help these residents. They may
never get acknowledgment, but they are there. And I want to thank
you all. Even though you might not get that public
acknowledgment, thank you very much for everything you're doing.
CHAIRMAN McDANIEL: Do you have a question for her?
COMMISSIONER SAUNDERS: No. I do have a comment.
CHAIRMAN McDANIEL: Thank you.
September 13, 2022
Page 37
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. When this
ordinance came up before, I was supporting it. I had spoken to some
leaders in the landlords organizations and had indicated to them that
there was not a slippery slope that we were getting onto if we passed
this; that this was going to be limited to the 60-day notice. That's all
it was. We couldn't get three votes to do that.
Part of that, as you may recall, Commissioner Solis, you were
looking at adding to the ordinance a notice requirement for the Rental
Assistance Fund requiring landlords to provide that information.
And I had made the commitment to the landlords that I spoke to that
this was not a slippery slope, that I would not support anything added
to this ordinance, and it would simply be a clean 60-day notice so that
tenants would have that opportunity to at least look around for
someplace else to live, giving them that 60-day notice.
I'd like to bring it back and just simply have a clean 60-day
notice, no other obligations for landlords, no slippery slope, just
simply that little bit. But I think, Commissioner Solis, that would
probably depend on whether you would be willing to support that. I
know, Commissioner Taylor, you had supported the original, and I
believe, Commissioner LoCastro and Commissioner McDaniel, you
were opposed to it. But I don't see the harm in having a 60-day
notice with nothing else added to it.
So if there's some support, I'd like to see that come back.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I think when I voted against
it, I echoed -- I mean, I'm the -- one of the -- I'm the commissioner
chair of the Affordable Housing Advisory Committee, or I sit in the
committee's seat. The Chair's, obviously, Joe Trachtenberg.
But the issue I had with it was the way it was written. And
although I understand everything that you said, a lot of the examples
September 13, 2022
Page 38
that you gave, this ordinance actually wouldn't help. Sometimes it's
implied, oh, my God, rents are out of control. Okay. This
ordinance won't lower rents. This is what I said last time. Oh,
people are getting evicted with one-day notice. Okay. Well, they
actually have a lease. They shouldn't get evicted with one-day
notice, so, you know, we've dug into some of those cases. And my
issue was, this wasn't some magic wand that all of a sudden was
going to keep people from getting thrown out of their places.
And a lot of the times the examples that we heard were
exactly -- some of what we heard, although you very eloquently
packaged it. And we all know what the city did and, you know, a lot
of people, I think -- I think some -- I won't say a lot -- some are
voting for this hearing the bad examples and thinking it solves all
those issues. It doesn't.
So what I said when I voted no is, bring us back something that
actually does have some teeth to it.
One of the things I want to say is next Tuesday is the next
Affordable Housing Advisory Committee, and I'd like the
opportunity to present. You probably will be there, because you're
one of the frequent fliers in the meeting. But to take what -- your
presentation here and present it to that group. That group is very
well attended right now with a vast array of folks.
And I have no doubt everyone thinks it's a great idea, but I'd
really like to get input from those that are -- like you said are in the
trenches on the front line to come to the meeting regularly because,
you know, my view is I don't want to vote on something that I think
is sort of soft or it's politically positive. Well, the city did it, so,
okay, I'll change my vote so people don't think I'm a bad person.
I even think when Commissioner McDaniel and I agreed to not
support the previous one, we were echoing it by saying, bring us
something here that is -- that we would pass that other counties would
September 13, 2022
Page 39
all photocopy. And at that time, if you remember, the 60-day
ordinances that we were looking at from Miami and one or two other
places I thought were thin, soft, not legally supported.
And I didn't want to just erase Miami-Dade and put Collier
County on there and go, yay, victory, how great, you know, we did
the same thing the other two counties did. I thought we could
improve upon it.
So maybe this is an improvement, but I'd like the chance to
present this to the Affordable Housing Advisory Committee -- it's
just on Tuesday -- and get their views, and maybe something out of
that meeting could make this better, tighter, or just we'll hear a tidal
wave of support, and then I could bring that -- you know, that
feedback back to this commission.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: So let me give you some
real-time issues that we are facing as a community, and it came up
quite by accident. I was at a curriculum evening for my eighth-grade
granddaughter and met a teacher who was teaching at East
Naples -- East Naples Middle School who was moved from East
Naples Middle School because they're losing students. What does
that mean?
Well, I think they might be moving east, but I don't think
moving east is doing them very much good. I think they're leaving.
What are we going to do as a community when the workforce leaves?
And, by the way, gentlemen, they are leaving, as witnessed by
this teacher who was moved because there weren't enough students at
East Naples for her to teach.
So I think whatever we do, we need to move quickly, we need to
move forward, and I would support Commissioner Saunders'
statement that he'd like to bring this back.
Thank you.
September 13, 2022
Page 40
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: And I appreciate what you're
saying, and I've heard those stories as well, and I've helped direct
families to our housing professionals to get ERA money and make
sure -- sometimes the 120 days you're talking about isn't because
we're sitting on our hands here. A lot of times -- and I've been
personally involved in those cases to expedite things for families that
were in trouble, and a lot of times it was we were waiting on
documentation from the families.
So, I mean, to really be clear here and not make it sound like our
housing process takes an excessively long amount of time, in most
cases it's it took that long to get the money because we're not just
going to give it out for free.
But to Commissioner Taylor's point -- and like I said, I know
some of those families as well. But let's say that we had a 60-day
ordinance written exactly like the cities that was in place. How
would that change exponentially? Would that have saved everybody
in East Naples from not moving, and the schools would be packed
with children, and this is the solution? And I don't say that
sarcastically, but I want to approve something here that actually will
positively affect, halt, slow down all the examples that we all keep
hearing, because the reality is, we're not even talking about apples
and oranges. We're talking about apples and chairs. Everything
you just said was true. This ordinance wouldn't exponentially
immediately halt that, so --
COMMISSIONER TAYLOR: There's no silver bullet.
COMMISSIONER LoCASTRO: Oh, I agree, but I want at
least a bullet.
COMMISSIONER TAYLOR: But there's a way to slow this
down, and I think this is a way to slow it down. I mean, government
moves very slowly and very methodically. This lets the landlords
September 13, 2022
Page 41
know that we are aware of their greed, that we are aware of their lack
of humanity when they -- when they raise -- now, that's not everyone.
And I know my commissioner --
CHAIRMAN McDANIEL: I was just going to say, you've got
to reel that back.
COMMISSIONER TAYLOR: Well, you have to talk to some
of the people that have been thrown out, because I have.
CHAIRMAN McDANIEL: So --
COMMISSIONER LoCASTRO: Then Publix, Winn-Dixie,
and the gas stations, then, must be really greedy, because I'm paying
a lot there, too.
CHAIRMAN McDANIEL: Let's do this. You know, we're
going to end up in a debate over something that has no consequence
whatsoever right now. And I really don't -- if we're going to debate
this, then we're going to debate it when I have a written document in
front of me that has some kind of efficacy about it. Having this
discussion right now based upon a public comment where we're not
taking a vote other than to -- if Commissioner Saunders wants to
bring it back, I'll support bringing it back. We'll have a look at it.
But bantering back and forth here on the efficacy of what's, in fact,
transpiring with these -- with these comments is a waste of
everybody's time.
COMMISSIONER TAYLOR: So let me just rephrase that. If
someone can explain to me why when one landlord raises the rent,
everybody does, then I'll be happy, and you don't -- that's just a
rhetorical question.
CHAIRMAN McDANIEL: Yeah, it certainly is.
COMMISSIONER TAYLOR: I don't quite understand that.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Yeah, I have no problem bringing
it back. Just to kind of set the record straight, I mean, I opposed the
September 13, 2022
Page 42
way it was originally proposed because I didn't think it did enough,
and all I requested was that there be a statement in the notice that we
were going to require saying there are recovery funds out there.
Here's the number.
COMMISSIONER TAYLOR: That's right.
COMMISSIONER SOLIS: So I just want to make that clear on
the record that I wasn't opposing it. I was trying to make it better.
That didn't get any support, and I still don't know why.
So I'm still open to discussing it. Again, I think we can't
change contract terms, and we can't change Chapter 83, but we can
require some notice at least. And I think if we can do that -- I would
like to hear how we're doing on those recovery funds and if we've
been able to disburse as much of that as we can so that we don't end
up having to give some of that back. I mean, that's the conversation
we'd have.
And if Commissioner LoCastro can get something from the
Affordable Housing Advisory Committee that improves it, then all
the better.
CHAIRMAN McDANIEL: Correct.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. Just a couple
quick comments.
First of all, I do have to take a little exception to what
Commissioner Taylor said. My supporting this is in no way a
reflection that I think landlords are greedy. It has nothing to do with
that.
My supporting this is only to give tenants a little bit of an
opportunity to have some notice. It's not intended to say -- to send a
message to the landlords at all other than give 60 days' notice.
To Commissioner LoCastro, this isn't designed to solve the
problem. I mean, the solution to the problem is to have 3- or 4,000
September 13, 2022
Page 43
affordable housing units up tomorrow. That's not what we're even
talking about. We're talking about just giving tenants a little bit of
notice so that they can make arrangements to move out. They'll
have that 60-day period or make arrangements to come up with the
rent.
And so just to the landlords, this is not -- in my view is not an
effort to say anything negative about a landlord. They're raising
rents to reflect the market. I understand that. That's the way
business works. That's the way capitalism works. This is simply to
give some tenants a little bit of extra notice.
So I've heard that there's some willingness to consider this, so
I'll make a motion to bring back the ordinance, the clean 60-day
notice, again, to emphasize that this is not Collier County getting on
some slippery slope where we're going to start to regulate the
landlord-tenant relationships. It's just that one little item of a 60-day
notice.
MR. KLATZKOW: And just for clarification, because I have
to advertise this, what meeting do you want us to bring this back for?
COMMISSIONER LoCASTRO: As soon as possible.
MR. KLATZKOW: As soon as possible?
COMMISSIONER SAUNDERS: Yeah.
MR. KLATZKOW: Okay.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, I mean -- and that's
what I was about to say. Just -- I mean, we know this is a hot topic.
I don't need anybody to explain to me that -- the 60-day notice what it
does.
What I want -- and Commissioner Saunders actually did say it
perfectly, but it's important people understand what it doesn't do,
because a lot of the examples that I hear for 10 minutes asking us to
pass this talks about how rents are out of control and everybody's
September 13, 2022
Page 44
greedy, and this and that. This ordinance won't do any -- won't
change rents. Yes, it would give notice, although there's already
things embedded into the process that gives people notice. I mean, if
somebody waits until the day prior to their lease expiring to find out
if their rent's going to be raised and then they got evicted, there's a
bunch of things they could have done, but maybe that's another
argument.
But I would recommend we bring this back as soon as possible.
It's great that we have an Affordable Housing Advisory Committee
meeting on Tuesday, and unless there's something legally that causes
us to have to wait longer, I think, you know, getting our housing team
involved, Affordable Housing Advisory Committee involved, and
then bringing something back, I would hope, maybe at the next
commissioner meeting. I think, you know, we don't want to kick
this can to November, December unless there's something legally
that's artificially slowing this down.
You know, Mr. Klatzkow, is there anything that keeps us from
bringing it to the next meeting? I mean, we've already talked about
it quite a bit, so it's not like it's at step zero.
MR. KLATZKOW: No. I just have to -- I just have to have it
advertised, which sometimes -- usually I can get it done for the next
meeting today, but sometimes it's --
CHAIRMAN McDANIEL: If not, by the first meeting in
October would be fine.
MR. KLATZKOW: It depends on the processing.
CHAIRMAN McDANIEL: Sure.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. And I just want to say
that I did learn wonderfully -- it was a great surprise on the campaign
trail that my colleague who won my seat, that he made the statement
at a debate that we did that his -- he owns property, he and his wife,
September 13, 2022
Page 45
and that they have not raised their rents despite what's going on.
So I feel that this is -- I don't mean to indicate that all landlords
are exercising their right of capitalism to the degree that they're
doing; however, there are landlords out there that understand how
important the working class is for our community and are being fair
and being judicious in their application of raising the rents.
Thank you.
CHAIRMAN McDANIEL: Very good. So with that, it's been
moved and seconded --
COMMISSIONER LoCASTRO: Uh-huh.
CHAIRMAN McDANIEL: -- that we bring this back no later
than our first meeting in October with the advertising permitted.
All those in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER LoCASTRO: And just an aside, you know,
Elizabeth, you just have really been burning a lot of shoe leather in
the community, and even though some up here, maybe even me
included, might agree or disagree on certain points or whatever,
nobody can challenge your passion, your hard work, and I don't think
you're getting paid anything for it. And I'm sure you have a lot of
other things on your plate.
So, you know, thank you for being here. It's impressive how
much you've tried to really lead the charge to do what, you know, you
feel is the right thing. And, you know, we're going to work hard to
September 13, 2022
Page 46
make sure we do as well.
MS. RADI: Thank you.
COMMISSIONER LoCASTRO: Yes, ma'am. Thank you.
CHAIRMAN McDANIEL: Do we have any other items under
7?
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: We're moving on to Item 7 now, which is
public comments on general topics not on the current or future
agenda.
MR. MILLER: Mr. Chair, we have three registered speakers on
this item, two here in the boardroom, one online. Your first speaker
is Jackie Keay. She'll be followed by John Harney.
MS. KEAY: Good morning, Commissioners. It's wonderful
to see you all again.
Jackie Keay, just in case.
So my childhood heroes included Abraham Lincoln, Mother
Teresa, Martin Luther King, Jr., Nelson Mandela, and Mahatma
Gandhi. Not only were they highly intelligent, but they also
possessed exceptional emotional intelligence which enabled them to
embody superior self-control, empathy, and unparallel leadership.
So what is emotional intelligence, and how can it help,
especially as it relates to certain adults in our country showing a
complete lack of self-control, good decision-making, and empathy?
Our country's in crisis because many childish adults, especially
elected officials, throw tantrums, bully others, and get aggressive
when they don't get their way.
September 13, 2022
Page 47
The assumption that people with higher IQ are successful has
been proven erroneous. Emotional intelligence is a better indicator
of success in a workplace, school, relationships, and in life.
Research shows a positive correlation between a higher emotional
intelligence and happiness. People will high emotional intelligence
are sought after because of their ability to understand, connect to,
empathize and -- to empathize with the people around them.
More specifically, it is an individual's ability to control,
evaluate, perceive and express motions appropriately. Emotional
intelligence significantly impacts one's well-being and health.
People with well-developed emotional skills have a greater degree of
personal satisfaction, optimism, quality relationships, and
self-confidence.
It has been scientifically proven that emotions precede thoughts.
Subsequently, uncontrolled emotion changes brain functioning which
leads to diminished cognitive ability, interpersonal skills, and
decision-making powers.
Here's the best news about emotional intelligence. Since it is
fluid and consists of learned skills, you can increase your emotional
intelligence if you are willing to change and do the work. The best
personal development one can make is to improve your emotional
intelligence. Great leaders have high emotional intelligence and
integrity, which they use to do what is best for their communities and
not just for their selfish and political ambitions.
A quote that I just saw a few days ago. So great leader CEOs
are hired because of their business acumen, but they are fired because
of their lack of emotional intelligence. It's up here (indicating).
Thank you all very much.
MR. MILLER: Your next speaker is John Harney. He'll be
followed online by Joe Trachtenberg.
MR. HARNEY: I'm John Harney from District 3, and I'm here
September 13, 2022
Page 48
to represent the Continuum of Care today as well as, to a lesser
degree, the AHAC. I'm housing chair for the Continuum of Care
and a member of the AHAC.
I have some information this morning regarding what's going on
with the Continuum of Care regarding support. As we all know, the
ERA money will run out. This is not an endless source of funding.
A lot of the gap funding comes from other organizations, and a
lot of those organizations that get involved are spending a lot of
money right now in addition to what's coming out of ERA. But the
numbers for the people who are needing that right now are huge.
In the hunger and homeless coalition, which is the Continuum of
Care, they help find immediate housing for people. Just to give you
a comparison here on the numbers. The motel stays for newly
homeless this year, 72 households; last year, 37. Homeless
prevention, 1,335 this year; last year, 553.
The number that has been spent for rehousing, which is to go out
and find an apartment for somebody and pay the first, last, and
security deposit, is 215 this year; 118.
A typical number for that rehousing, first, last, and security
deposit, may be up to $12,000 for the Continuum of Care to lay out at
one time for one family to be able to get into an apartment.
That is an example of 93-year-old woman who was a lifetime
resident of Collier County. She was unable to afford the apartment
that she was in. In order to get a new apartment, that money came
out of the Continuum of Care.
So this problem is being handled by nonprofits as well as the
county. The nonprofits will continue to be involved in that after the
ERA funding. They don't have enough money to cover all that.
So we have a very large problem. The long-term solution to
this is to change the Land Development Code. We're hoping to see
that back on the agenda as soon as possible. I have a number of
September 13, 2022
Page 49
people lined up who will speak on that from a broad spectrum of the
community, and we'd like to see that on the agenda as soon as we
can.
I will also be very interested in the discussion on Tuesday in the
AHAC meeting.
Thank you.
CHAIRMAN McDANIEL: Thank you, sir.
COMMISSIONER LoCASTRO: Thanks, John.
MR. MILLER: Mr. Chairman, your final registered speaker for
Item 7 is Joe Trachtenberg.
Joe, you're being prompted to unmute yourself. You're
unmuted. You have three minutes, sir.
MR. TRACHTENBERG: Thank you, Troy.
Good morning, Commissioners. For the record, I'm Joe
Trachtenberg, chairman of your Affordable Housing Advisory
Committee.
My intentions this morning were to speak briefly on two
subjects. First to support Elizabeth's petition to bring back the
subject of the 60-day notice requirement for significant rent
increases. And I'm pleased that you've decided to do that, so I won't
take further time giving you all my reasons why this is the right thing
to do other than to agree with the comment that this has nothing to do
with the affordable housing crisis in Collier County. It does only
have to do with human decency and giving these folks who do not
have any other outlet in terms of how their lease is written or their
willingness of their landlords to actually speak to them, not to kick
them out the day before their lease is due to expire.
Of significant import, though -- and the other reason I wanted to
speak to you is we urgently need you to put on your agenda the
recommendations that AHAC has been making for the past several
months, which actually will impact the affordable housing crisis in
September 13, 2022
Page 50
Collier County. We have $20 million of surtax money, which still
has no plan as to how it's going to be allocated. This money is
earmarked to purchase land for workforce housing. The committee
that's charged with responsibility for doing this either doesn't meet or
can't get a quorum.
We urge that county staff look at this and do something about it.
We have other recommendations dealing with revisiting how deferral
of impact fees are handled and ad valorem tax money and, most
importantly, the zoning changes that at your last two meetings you've
postponed and continue not to hear.
These go back to the ULI recommendations in 2017. The
Planning Commission unanimously supported adoption of these, and
we urge that the County Commission hear these subjects, give us an
opportunity to explain our rationale, and let's really do something to
build affordable housing in Collier County. It's being done
elsewhere in Florida, and we have an urgent need here.
Thank you for listening to me.
CHAIRMAN McDANIEL: Thank you, Joe.
MR. MILLER: That was your final speaker on Item 7, sir.
CHAIRMAN McDANIEL: And with that, we will take a court
reporter's break for 12 minutes. 10:40 we'll be back.
(A brief recess was had from 10:28 a.m. to 10:40 a.m.)
(Commissioner LoCastro is absent.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: Well, Commissioner Taylor, it's
just me and you. Think what we can get done.
Mrs. Kantor -- Mrs. Kantor, the meeting is open. Please take
your seat.
MS. KANTOR: It's over?
CHAIRMAN McDANIEL: No. It is open now. Please take
your seat.
September 13, 2022
Page 51
MS. KANTOR: Oh, I'm sorry.
CHAIRMAN McDANIEL: So when we have -- oh, here we
go. We've got one. We're ready to go. Unless you want to wait
until all five of us are up here, Mr. Yovanovich.
MR. YOVANOVICH: I know they can hear. As long as
they're here for the vote, since we need four.
CHAIRMAN McDANIEL: Oh, okay. We'll wait till
four -- and then I want -- who was in charge of payroll earlier on?
We had people that were doing payroll. We need a pay cut for those
that aren't on time. How come -- how come -- those folks in the
back are all laughing. Oh, yeah. Trinity says, not me.
All right. Hopefully they're hearing us talking, and they'll --
MS. PATTERSON: Do you want me to read it in now?
CHAIRMAN McDANIEL: Sir -- I'm sorry. Yes, ma'am.
MS. PATTERSON: I'll get started reading it in.
CHAIRMAN McDANIEL: Go ahead. There you go. Thank
you.
MS. PATTERSON: I have to read slower now.
Item #9A
ORDINANCE 2022-33: RECOMMENDATION TO APPROVE AN
ORDINANCE AMENDING ORDINANCE NO. 92-15, AS
AMENDED, LELY, A RESORT COMMUNITY PLANNED UNIT
DEVELOPMENT (PUD), BY ALLOWING THE 9+/- ACRE C-3
PARCEL AT THE SOUTHWEST CORNER OF COLLIER BLVD.
(CR 951) AND GRAND LELY DRIVE TO HAVE C-3 OR
RESIDENTIAL DEVELOPMENT LIMITED TO 184 DWELLING
UNITS. THE SUBJECT PUD CONSISTS OF 2,892 ACRES
LOCATED BETWEEN U.S. 41 AND RATTLESNAKE-
HAMMOCK ROAD, WEST OF COLLIER BLVD. (CR 951), IN
September 13, 2022
Page 52
SECTIONS 21, 22, 27, 28, 33, AND 34, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY
PROVIDING AN EFFECTIVE DATE - MOTION BY
COMMISSIONER LOCASTRO TO APPROVE
W/STIPULATIONS; SECONDED BY COMMISSIONER
MCDANIEL – ADOPTED
MS. PATTERSON: We're to Item 9, advertised public
hearings, Item 9A. This item requires that all participants be sworn
in and ex parte disclosure be provided by commission members.
This is a recommendation to approve an ordinance amending
Ordinance No. 92-15, as amended, Lely, a resort community Planned
Unit Development, by allowing the 9-plus-or-minus acre C-3 parcel
at the southwest corner of Collier Boulevard/County 951 and Grand
Lely Drive to have C-3 or residential development limited to 184
dwelling units.
The subject PUD consists of 2,892 acres located between
U.S. 41 and Rattlesnake Hammock Road west of Collier Boulevard
in Sections 21, 22, 27, 28, 33, and 34, Township 50 South, Range 26
East, Collier County, Florida, and providing an effective date.
CHAIRMAN McDANIEL: There you go. Anybody wishing
to speak's going to raise their right hand, please. Stand up.
(The speakers were duly sworn and indicated in the affirmative.)
MR. YOVANOVICH: Are you ready for me?
CHAIRMAN McDANIEL: I was ready before, but you wanted
to wait till four. Now you got it.
MR. YOVANOVICH: I appreciate it.
Good morning. For the record, Rich Yovanovich on behalf of
the petitioner.
The team I have with me today are Fred Hazel and Gray
Schaufler from Davis Development; Katie LaBarr from Stantec is our
September 13, 2022
Page 53
professional planner; Rob Engel from Stantec is our civil engineer;
and Chris Benitez is our transportation consultant, should you have
questions of them.
The 9-acre parcel is at the -- on the southern side of Grand Lely
Boulevard in the Lely Resort project. To the north is a commercial
plaza, and the property that we're talking about is the same zoning
allowed uses on the property.
The request is to add 184 -- up to 184 residential units on
that -- on the parcel that I just showed to you. Those units are
already accounted for in the PUD and the DRI, so we're not asking
for an increase in any density as we go through this process.
We have had a lot of community outreach. And I'll let
Mr. Hazel go through that. But we did have three neighborhood
information meetings, worked closely with our neighbors to address
their concerns, and I'll get into those in a little bit greater detail.
But I'll have Mr. Hazel come up briefly to give you an
introduction to Davis Development. They have one project nearing
completion with lease-up, this project, and another one that's under
construction. So they're committed to Naples. And I'll introduce
Mr. Hazel right now, and then I'll come back and go a little bit over
some of the public outreach and some of the commitments we made
through that process.
MR. HAZEL: Thank you, Rich.
Good morning, Mr. Chairman and Commissioners. My name is
Fred Hazel with Davis Development. It is my pleasure to be here
this morning representing our team and our project.
Just a quick -- I'll be brief as I can, but just a quick little
introduction to Davis Development. We are a privately held
development company based out of Atlanta, kind of semi-regional in
the southeast and into the southwest of the country. And so we have
offices in Florida as well as in Texas and the Carolinas.
September 13, 2022
Page 54
It's all privately funded through our one equity source. We
don't have outside equity partners, which provides us a lot of
flexibility in design and working with communities such as this
project.
We do our own construction, so we also do the construction, and
we also have a management arm. So we kind of do these projects, as
we say, trees to keys.
And so we're very proud of what we do. This project has been
quite a process of working with the community, as Rich alluded to.
In this process, we've had three neighborhood information meetings,
and so I want to start by thanking the neighbors. I don't believe we
have a lot of the folks that we worked with through the process here
today, but those were invaluable in receiving input that we did take
and make amendments to our project throughout. So we're very
proud of the collaborative process that occurred, and thanks also to
our team with Stantec and their assistance through those. And so
we're all here today for questions that the Commission may have.
So, yes, as Rich alluded to, we have concluded our first project
in the Naples arena. It's at Founders Square, the Pearl. Just
finishing construction and strong lease- and very proud of that asset.
And so here we are -- our goal here is to bring a similar quality
asset to the community, and so we appreciate your time and your
support and are here for questions. And thanks again to all who
have been helpful in the process.
CHAIRMAN McDANIEL: Thank you.
MR. YOVANOVICH: As I mentioned, we did have three
neighborhood information meetings to further refine the project as we
went through -- through the process.
I just wanted to summarize some of the changes and concerns
that occurred and changes that were made. The original project was
four stories. The residents thought that was too large, so we reduced
September 13, 2022
Page 55
it to where we staggered with two-story, basically, townhome product
along Celeste and with the three-story building that wraps around the
parking structure, so we were able to bring the heights down. That
was a concern for the residents.
Access on Celeste was a concern for the residents, and we have
limited access to emergency access only on Celeste with access off of
Grand Lely and primary access off of Collier Boulevard.
Security and landscaping was another issue where we were
providing a decorative fence and landscaping along Celeste. Also
related to access, we are building a right-turn-only access on to
Collier Boulevard because the current Grand Lely access has one lane
that goes straight and both to the right. So if you're going east
across, you basically back up traffic, and that was a concern of the
residents.
So we agreed to go ahead and build that additional turn lane for
better functioning of that intersection. We -- these commitments are
all in the PUD. And with that, we had a positive recommendation
from your staff, they're recommending approval, and the Planning
Commission also unanimously recommended approval.
I'm going to turn it over to Katie to kind of take you through the
master plan briefly, and then we'll answer any questions you may
have and request that the Board vote in favor of the project at the
conclusion of the public hearing.
With that, I'll turn it over to Katie LeBarr.
MS. LeBARR: Thank you, Rich.
Good morning, Mr. Chairman, Commissioners. I'm Katie
LeBarr, an AICP certified planner with Stantec, and I have been
sworn.
I want to walk through some of the information about
surrounding land uses and then discuss specific design elements
associated with this proposed multifamily project.
September 13, 2022
Page 56
As Rich said, this site is bordered to the north by Grand Lely
Drive, a two-lane public roadway with Stock Plaza, a commercial
center located just to the north of Grand Lely Drive. To the east is
Collier Boulevard, a six-lane arterial roadway. To the west and
southwest is Celeste Drive, as well as the Verandas and Saratoga, two
established residential communities within Grand Lely.
This is the proposed concept plan. As Rich shared, our clients
have made several design changes in response to feedback that we
received during several community outreach meetings. The changes
that have been made are intended to ensure compatibility and
cohesion with the Lely Resort community. I'll briefly describe
several of these site features.
To the north is a right-in-only access onto Grand Lely Drive.
To the west, along Celeste Drive, are two-story townhomes.
Vehicular access to Celeste has been eliminated. Fencing and
decorative landscaping in exceedance of minimum code requirements
is also proposed along Celeste Drive. And then, finally, the right-in,
right-out access point, which Rich corrected is a right-in-only access
point onto Collier Boulevard.
MR. YOVANOVICH: Grand Lely.
(Commissioner LoCastro is now present.)
MS. LeBARR: Okay. Right-in-only on Grand Lely, right-in,
right-out on Collier Boulevard. Make sure I correct the record on
that.
The site design provides a meaningful transition in density and
intensity from proposed two-story townhomes along Celeste
consistent with the formed development to the west, two- or
three-story multifamily building closer to Collier Boulevard. This
proposed residential land use will result in a reduction of traffic to the
surrounding area, particularly to Celeste Drive.
Parking will be located interior to the site within the footprint of
September 13, 2022
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the proposed multifamily building, and among other enhanced
amenities, dog parks and dog stations will be provided throughout the
community for residents to use.
So, in closing, you have a favorable recommendation from staff.
We propose no deviations or an increase to approved density. This
request is consistent with the Future Land Use Element of the GMP.
The applicant -- application is consistent with the requirements of the
Land Development Code. You have a unanimous recommendation
of approval from the Planning Commission.
And it's my opinion as an AICP certified planner that the
application complies with all of the required requirements of the
Comp Plan and Land Development Code.
With that, we respectfully request your approval today, and our
team is available to answer any questions that you may have.
CHAIRMAN McDANIEL: Very good.
Commissioner LoCastro. And, by the way, I called for a pay
reduction. We had the payroll people up here, and your being
tardy --
COMMISSIONER LoCASTRO: I'm being docked?
CHAIRMAN McDANIEL: You're going to -- we're going to
dock --
COMMISSIONER LoCASTRO: I apologize. It's his fault
from NBC. They were interviewing me about something we're
going to be talking about later, so I apologize, popping in here a little
bit late. So I blame you, NBC and Ryan.
First, before we get into a little bit more detail from
Mr. Yovanovich, if anybody gets my newsletter, I praised the Lely
community for the great work that they did. You know, we've talked
a lot about NIMs, neighborhood information meetings, and how
neighborhoods can be involved in projects. And we're going to be
talking even more about it this afternoon.
September 13, 2022
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You know, sometimes I think the opportunity is missed by
certain communities who don't take full advantage of their chance to
take responsibility of what happens in their community. A
neighborhood information meeting is sort of the neighborhood's
chance to have their own Planning Commission meeting without us
and try to bring a problem, a project, or whatever it is, to the Planning
Commission and to us as commissioners maybe 70 percent solved.
You know, when you're at opposite ends and people are
screaming and yelling at NIMs or a NIM is called and everybody
exits in five minutes because they're all ticked off and whatnot, that
actually helps nobody.
And in this particular case -- and, like I said, I highlighted in my
newsletter, I'm so proud of what the Lely community did because
they embraced the process. They took ownership of the process.
They didn't leave it up to the Planning Commission and the
Commissioners to be good guys or bad guys or whatnot, and they
also -- they were open to educating themselves. And I don't mean
that in any kind of derogatory way, but really learning the difference
of -- about traffic and the difference between commercial and
residential.
I can tell you, on day one my in-box was loaded with emails
from Lely residents that said, don't you dare put residential on that
piece of property with all the reasons why they didn't want it to be
rezoned.
But having very valuable NIMs and -- you know, here's
something you don't hear every day. They had such a
professional -- not close working relationship. Trust me, the
meetings were heated. But by being professional, they actually
convinced the contractor and the developer to have additional NIMs
so they could continue to talk and not come to the Planning
Commission and then have it all hashed out in here for the very first
September 13, 2022
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time. Boy, we need more of that.
And so the -- you know, the arguments can be heated, you could
be on both sides, but from my perspective, they were very
professional.
So, you know, a shout-out to Lely. And this isn't a commercial
to say, anytime you want something rezoned, have a good meeting,
and then we're all for it. You know, every case is different. Some
things, you know, bear consideration for rezoning and some don't.
But it's so refreshing when something comes to the Planning
Commission and then eventually to us and you have citizens at one
side of the podium saying, wow, we burned a lot of hours to come
here, but here's what we want for our community.
In this particular case, there's still some fine print, but they
worked through the big major things and that's why, you know, they
didn't have a marathon Planning Commission meeting, and the
Planning Commission, correct me if I'm wrong, supported this with a
unanimous vote.
And all of this is really because of an incredible community.
And, yeah, I'm still getting, you know, an email or two from some
Lely residents. You know, you won't please everybody, but the
masses took the time to meet with the developer and really get a lot
of things that were nonnegotiable or deal breakers, get them approved
and agreed to.
And in the end, I mean, I had residents say to me, wow, you
know, I was banging on tables saying commercial, keep it zoned
commercial, keep it zoned commercial, and then after we sat down
and I realized, wow, commercial could be an Ocean Prime restaurant;
commercial could be a storage unit; commercial could be a bunch of
restaurants, and my apartments are now looking at the back of a
restaurant and dumpsters filled with vultures as opposed to a
beautifully, architecturally wonderful downsized apartment complex.
September 13, 2022
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Maybe we should talk to this developer and not just leave it to
chance.
So I'm really impressed with what both sides did. I worked
very closely with the board members, and, you know, having said
that, I think that's why you have something before you that is packed
really well, because a whole bunch of people spent a lot of hours to
do our homework for us and make sure that we didn't have to sit up
here and start from Step Negative 10 and have people on both sides
just screaming and yelling.
So some of them are in the room here. Many of them aren't. I
gave a big shout-out in my newsletter to the folks who did it.
And end it by saying, it's not about the rezone. It's about a
community taking charge and taking responsibility and being part of
the process, being fully involved. And you have to have a board -- a
board, senior leaders representing that community that get that, that
understand that, that truly represent the entire community and are
fighting for the time. They welcome the NIMs because it's a chance
for their voices to be heard and not delegate the responsibility fully to
the Planning Commission or to the commissioners here and say, you
know, here's -- here's a handful of stuff that everybody hates, so you
decide. And if we don't like your decision, then we hate all of you
elected officials, and we hate the entire Planning Commission or, if
you agree with us, then thank you for supporting citizens. You
know, they brought us a team approach.
And so I know we still need to talk about some details here,
because the last that I had conversed -- and it was just a few days
ago -- with the Lely board, they still had a list of small things, and I
still have some concerns about how traffic is going to flow.
I don't believe any of it is a showstopper. I think all the big
things have already been worked out, and that's why you got a
unanimous Planning Commission vote.
September 13, 2022
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But, you know, having said that, you know, thanks for all your
hard work, but the job's not done when we vote. And we'll be
watching this project closely regardless of how the vote goes here,
but if it does go forward, there's a lot of things that were promised.
There's a lot of things that we have to have in this project to make
sure that it fits with the residents and the developer agreed to and
what I'm concerned about, but because of the great working
relationship between the residents and the developer and everybody
in between, I mean, the phone calls are easy to have because we're all
paddling in the same direction.
So, you know, having said that, thank you, and then, you know,
Mr. Yovanovich, I'm sure you want to, you know, educate everybody
up here on the project. You know, you and I know it intimately, but
there's probably more to talk about.
MR. YOVANOVICH: We did have that opportunity to go
through the project, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Okay.
MR. YOVANOVICH: So whatever questions or comments
you may have at this point, that's kind of where we left it off.
COMMISSIONER LoCASTRO: Okay.
MR. YOVANOVICH: And with that, everything that we
talked about at the meetings are in the PUD already. So if there are
specific concerns you want to go over again --
COMMISSIONER LoCASTRO: Well, one thing I had --
MR. YOVANOVICH: -- we'll talk about it.
COMMISSIONER LoCASTRO: -- said and -- I guess
yesterday, because we've been talking about this one for a lot. And
that's a good thing.
You know, I'm really disappointed when citizens have a chance
to meet with the developer in a NIM or in a private meeting or
whatnot, and it's encouraging when you hear, wow, they spoke for six
September 13, 2022
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hours, rather than, well, yeah, they yelled at each other for five
minutes and then walked in opposite directions. That helps nobody.
So in this particular case, we've been talking about it a lot. I
don't know if -- is Tony here from our traffic? You know, Tony if
you'd just, you know, come forward, I wanted to just clarify a couple
things.
And one of the things I said at a meeting yesterday with our
team is, you know, these projects -- and, granted, this one isn't
ginormous, but every project's important, and it's big to the
community. It has flex to it. So just because we vote on something
today, if we find out that the traffic pattern that we thought would
flow perfectly doesn't, I can tell you right now we're going to be
smart enough to come back in this room and say, you know what, we
guessed wrong or we're watching seasonal traffic now move through
this community, and it's a disaster.
You know, I realize once you sort of build something, you can't
always undo it. But I hope we wouldn't measure twice and cut once
on this project. There again, if we guessed wrong, we should always
be smart enough to be able to come back and say, wow, we need to
put in another turn lane or we tried to make this a through road, and it
was a big mistake, or we didn't make it that.
You know, Tony, the short version -- because you and I do
know the details. I had some concerns on what was agreed to on
Celeste. You know, that's supposed to be a road that initially the
plan was that it was a through road, a connector, you know, if you
will, and some of the agreements here have that in question.
What's your thoughts and do you -- you know, what are your
concerns, I guess, is what I would say, if any, on this project?
Because traffic was sort of the thing on my short list. They've
worked through all the architectural stuff, where the palm trees go,
the height, the architectural things. God love the community for
September 13, 2022
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working through all of that for us.
But from a traffic standpoint, give us a summary of, if this
project -- if we approve it as-is right now, what happens? What
doesn't happen? And what's still, you know, in simmer that we have
to keep an eye on?
MR. KHAWAJA: Yes. Well, good morning, Commissioner.
For the record, Anthony Khawaja, chief traffic operation engineer.
You're absolutely correct, Commissioner, you and I worked with
the community and the traffic committee for a very long time. And
what I recall, they had three concerns that they wanted to be worked
on. One is adding an eastbound right-turn lane approaching Collier,
which the developer has proposed to do. That was a big thing for the
people of Lely, because one vehicle that was going across to -- was
blocking the approach, and they couldn't make right turns on red. So
that was very important to them that they have an exclusive right so
they can continue to make the right turns.
COMMISSIONER LoCASTRO: That was important to me. I
get stuck at that turn every time I go to Skillets. So it was easy to
understand that problem. But -- so to take these one at time, that's
been agreed to --
MR. KHAWAJA: Yes.
COMMISSIONER LoCASTRO: -- a right-hand turn lane
which really helps traffic flow a lot quicker. Like you said, the one
person that wants to go straight is holding up 10 people, including
me, and it actually is kind of dangerous because people get really
frustrated there. So that is --
(Simultaneous crosstalk.)
MR. KHAWAJA: -- help the intersection --
COMMISSIONER LoCASTRO: Paid for by the developer.
MR. KHAWAJA: And paid for by the developer --
(Simultaneous crosstalk.)
September 13, 2022
Page 64
COMMISSIONER LoCASTRO: I wanted to stress that on the
record.
MR. KHAWAJA: What he's proposing to do as part of his
development.
The other concern, they didn't want access to Celeste, and there
is no access other than an emergency access that's currently proposed
on Celeste, so that condition is met.
They wanted work on --
COMMISSIONER LoCASTRO: But what do you think about
that? You know, you're our traffic expert. We had a lot of -- and
some of the things we're talking about now we've talked about. But I
want the fellow -- my fellow commissioners to hear this. I also want
to get it on the record.
What's your thought about that? I mean, I know that that was
sort of a nonnegotiable, but also, too, we want to look at the greater
good and make sure if traffic is supposed to flow a certain way that a
community didn't bog that down inappropriately or irresponsibly, or
whatever the word might be. What's your thoughts of that? Do you
think that that's something that we need to keep a close eye on and it's
possible that it could -- it could lead to issues we maybe didn't
discuss?
MR. KHAWAJA: Definitely when the PUD was platted, that
access point here on the -- was intended to be the access to that site;
however, we agreed that instead we're going to give them access to
Collier Boulevard where we give them a right-in, right-out on Collier
Boulevard. From a traffic point of view, from -- we'd rather have an
internal access, and then everybody can use the signal, but the
community did not want that, so --
COMMISSIONER LoCASTRO: But do you think it's a
showstopper? Because my opinion is it's not a showstopper, but we
really need to keep an eye on traffic counts there, any accidents, poor
September 13, 2022
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flow. I mean, we do have the opportunity to go back if we think that
our guesswork didn't pan out. What is -- what are your thoughts?
MR. KHAWAJA: Absolutely. From the numbers we are
generating, they are not generating very high number of traffic. I
think with the access they are proposing, this site should not have any
issues and should work properly.
The only thing I was thinking we should look at or -- when they
come in for their plan review, I'm concerned with left-out. You
know, like, anybody who's using this site right now has to go south
on Collier all the way to Widening Cypress to make a U-turn and
come back if they want to go north.
I think when we review their plans, we should look at adding a
right-out maybe instead of just a right-in. And we'll look at their
number, we'll see how that fits in within the design. But this would
allow somebody exiting the site to make a left and then be able to go
north on Collier instead of going all the way south on Collier, making
a U-turn on Collier, which is not desirable, and then trying to go
north again. But that's the only thing I would see we should take a
closer look at.
COMMISSIONER LoCASTRO: Where the statues are, where
the horses are, it's sort of a roundabout, although it's not really a
roundabout. Do you have any concerns there? Because there was
some discussions in the meetings I was in, oh, that should all be
removed and a real roundabout should be put in there and the
developer should pay for the whole thing and whatnot. What are
your thoughts?
MR. KHAWAJA: It is a unique intersection. This is a very
unique intersection. Maybe this is the only one of this type in
Collier County. It is a roundabout for the turning traffic only.
Through traffic does not stop. They continue to flow at normal
speed, as they are not impacted by the intersection.
September 13, 2022
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When you look at crashes at this intersection, it's not high. You
know, it operates okay. The developer's not adding a lot of traffic at
this corner, so we didn't feel the need that we should make him do a
lot of work here. Some days maybe the CDD or the county if, in the
future, is to put a regular roundabout. Something like this
(indicating) is maybe what would need to happen, but the volume is
not there. The crashes are not there. It's not a high-crash location.
It is --
COMMISSIONER LoCASTRO: I mean, the citizens --
MR. KHAWAJA: It's a different location. It's unique.
COMMISSIONER LoCASTRO: Yeah, I hate it.
The citizens had said to me that in the conversations with what
you just showed, you know, this massive roundabout, I guess maybe
they're hopeful for that. But one of the things that I said is, you
know, we take this in a little bit of smaller chunks. We're not going
to -- the county, and even the developer, we're not going to invest,
you know, significant investment in totally redesigning that based on
hypotheticals. I mean, sometimes you have to just -- you do have to
wait and see how the traffic is flowing there and not wait too long.
But would you agree it's premature to sort of have a big, major
redesign right now as part of the project, that that would be required?
MR. KHAWAJA: The intersection -- you know, it's a unique
intersection. Why we have it like this, it's the width of that median.
It's, like, 80-, 90-foot median, and they are very difficult to manage,
and that's why that mini roundabout was put in the middle to try to
get people around it.
COMMISSIONER LoCASTRO: Right.
MR. KHAWAJA: It works. For the amount of traffic that's
using the intersection, it works okay. It works very well. But it's
something we should continue to watch, yes.
COMMISSIONER LoCASTRO: Yeah. I was going to say, at
September 13, 2022
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any time -- because, I mean, I had citizens that told me, don't put in
the roundabout, and then all of a sudden, you know, we hate the
project. And, you know, that's not really responsible. There's so
many moving parts here. We're trying to find the greater good. But
would you agree that as we -- as this project, you know, moves
forward, if we truly keep our eye on this intersection, if something
more robust, to include a roundabout or a redesign, that option would
also be there? First of all, it would have to be there, because if we
were having safety or traffic issues, we would be coming to the table
saying, regardless of what citizens want, we have to do something
aggressive there, right?
MR. KHAWAJA: Absolutely, yes. This would be like any
other county road. If we have issues that need to be corrected or
fixed, we would be looking at it and fixing it.
COMMISSIONER LoCASTRO: Okay. So your suggestion
about what you were saying about the right turn in and right turn out,
although that's not part of the project now, like you said, that's
something that may be in the future; that's not something we're
putting into the project now. That's something, like you said, you
want to keep an eye on. Citizens didn't want that. So that is one
thing that's not in the project, nor is this roundabout, correct?
MR. KHAWAJA: Right. Right now neither one of those are
in the current proposal.
COMMISSIONER LoCASTRO: Right. Okay. Well, then
that's a good thing. You know, the turn-in, turn-out is what citizens
didn't want, and we're -- I suggest we keep it that way. And if there's
something that is over-extenuating down the road, we can always
take a look at it. That's not a big muscle movement.
But the roundabout, although I know a lot of citizens wanted it, I
don't -- I don't think it's a deal breaker on this particular project.
And, as we were saying, we're going to watch this one closely. We
September 13, 2022
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can always redesign or reconstruct or, you know, adjust, you know,
that intersection based on flow, traffic volume, and all --
MR. KHAWAJA: In the future, yes.
COMMISSIONER LoCASTRO: Okay. What other things?
Any other things? Because, really, traffic were the things that -- the
citizens did a great job working through the design and that they were
for the rezone and -- you know -- and this isn't -- you know, I also
want to go on the record and -- before my fellow commissioners, you
know, vote, this wasn't about, you know, a greedy developer that
didn't want to build a strip mall and wanted to put in apartments.
You know, there's already a strip mall across the street with Skillets
and a bunch of other stores, some that are really struggling.
You know, this is smack dab in my district. I have an outlet
store right down the mall [sic] that's been vacant for a really long
time. So -- and there is a lot of commercial options. You know,
there's a commercial center, basically, within a long walking distance
of this entire community.
So this is one of those cases where, you know, it's not just about,
like, hey, I own commercial property, and I want to rezone it to
residential because I want to build a 10-story apartment complex.
This is something totally different. And it was really the citizens
that realized that and said, you know, throwing in a strip mall that's
going to have, you know, stores that maybe go out of business every
six months or that we don't need or that aren't the high quality that
match our Lely community, we think this is actually a more cohesive,
you know, fit.
So, you know, I want to be clear there. It wasn't about banging
on tables and saying every piece of green space needs to go
residential because it makes the developer more money. This was
really about putting something in here that works. And not everyone
might agree. But also, too, I would tell citizens, that's why you vote
September 13, 2022
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for people on your board and you make sure they're representing, you
know, you properly, because their voice does matter. They're the
ones that are meeting for hours with the developer.
Okay. Tony, anything else? Because you and I will continue
to work very closely on this if this is approved, because it's not done
when we vote. It's not even done when we cut the ribbon on
whatever gets put there. We want to continue to look at the footprint
and make sure traffic flows smoothly and safely.
You know, unlike all the work you and I have been doing on St.
Andrews, you know, that's an example of you can't really undo some
of the things that were done there that maybe, arguably, you know,
could have been better or whatnot. That's a totally different
argument. This is totally different, that we do have the opportunity
to reattack the traffic movement in this area based on how the
development goes and how traffic flows after as things progress over
the years and whatnot. So -- and you agree, correct?
MR. KHAWAJA: I agree, yes, for sure. And, you know, like
you said, residential is half the amount -- less than half the amount of
traffic of commercial development.
COMMISSIONER LoCASTRO: Right.
MR. KHAWAJA: So in terms of traffic, this should be much
better.
COMMISSIONER LoCASTRO: But when we put in this -- if
it passes, when we put in this residential community, traffic flow will
increase because, I mean, there will be quite a bit more cars there.
And it's hard to determine exactly if the roundabout is the, you
know, magical solution. And I certainly wouldn't want us as a
county to invest any dollars in something that was a "nice to have"
but not a "must have," but we'll keep a close eye on that.
But as it sits right now, as that, you know, quote-unquote,
roundabout exists right now, you feel, as our traffic expert, that if that
September 13, 2022
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residential community is built there and we agree with the Planning
Commission and approve it, that the roads as-is and as-will-be
designed will be sufficient and safe enough to move forward?
MR. KHAWAJA: Yes.
COMMISSIONER LoCASTRO: Okay.
MR. KHAWAJA: Yes, for sure.
COMMISSIONER LoCASTRO: Okay. Great, okay. Thank
you.
And thanks for all the work. You know, there's been a lot of
behind-the-scenes work. You know, this may not be a -- you know,
a thousand-unit housing development but, man, the hours that people
have spent and the meetings that we've had have just been, you know,
valuable, valuable. That's why you get to a point here where I
don't -- I would hope there's not going to be a whole lot of discussion
here and if there is, great, hopefully we're making the project better.
You know, thank you so much for what you've done. And to the
citizens of Lely who spent countless hours meeting with the
developer and getting all these tough questions answered and coming
to the table as really a collective team is impressive. And so more
communities, I think, could take a page out of this playbook.
MR. KHAWAJA: Thank you, sir.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I think we all got a letter
from Susan Vicedomini. I believe that's how you pronounce her
name; is that correct?
MR. YOVANOVICH: I have no idea --
COMMISSIONER LoCASTRO: Susan.
MR. YOVANOVICH: -- how to say it. Susan is the name I
know.
COMMISSIONER TAYLOR: She's the Lely Resort Master's
president. And you and I spoke about many of these issues, but I
September 13, 2022
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wanted to put on the record, because that was No. 3, that she wants to
make sure that you have committed to adding a dedicated right-turn
lane on Grand Lely Drive at the intersection of Collier, and I know
you have.
But this will improve traffic; however, the row of mature Royal
Palms will be affected, and she wants to make sure that you are
required to transplant or replace in kind these Royal Palms.
And so I -- we spoke about this, but I told you that I was going
to bring this up.
MR. YOVANOVICH: Yeah. And what I said is if we can
move the Royal Palms, we will. It will obviously depend upon
what's below the surface. So if Royal Palms can be transplanted
where they are, fine. If not, then we'll coordinate appropriate
landscaping at that entrance, and it will be both on the north side, too,
so it looks appropriate.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER LoCASTRO: You know, I just did want to
add, I went out there yesterday --
COMMISSIONER TAYLOR: I'm not finished. I'm not
finished.
COMMISSIONER LoCASTRO: Oh, I'm sorry.
COMMISSIONER TAYLOR: So then the other question I had
was about the interconnection from the development to Celeste.
MR. YOVANOVICH: Right.
COMMISSIONER TAYLOR: And I know the neighbors were
very clear what they want, but I can tell you I was encouraged by
Mr. Khawaja's remarks that if this -- down in the -- in the future this
may be -- there may be an option where there is a right-out as well as
a left-out, but that it is being preserved right now for any kind of
emergency vehicles.
MR. YOVANOVICH: Yes, Celeste has a commitment to
September 13, 2022
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emergency access from the project.
COMMISSIONER TAYLOR: Okay. So just as a point -- and
I'm going to just digress just a little bit here. These interconnections
in the history of our planning in the county are critical for us to help
maintain our roads which cannot be expanded anymore as we grow.
And I'm just going to put that on the record. But I was encouraged
that there's a little bit of future consideration; that it's not totally a
closed book, but it's clearly a closed book for right now. Did you
hear that?
MR. YOVANOVICH: Yeah. I mean, I just wanted to make
sure you were talking about Celeste, correct?
COMMISSIONER TAYLOR: Yes, Celeste. What we don't
want is for 951 to become another Pine Ridge. That's what we don't
want. That is a road that carries traffic very effectively, and that's all
I'm going to say. But thank you very much. Everything else we
discussed. I have checks on all of her concerns. So thank you.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: So a couple of questions for Tony.
Oh, there he is. He's up front, yeah, yeah.
Just a couple of questions. And this is one of these situations
that concerns me because we have a traffic plan. There's a PUD
that's proposed, that's approved. Celeste originally was intended as a
collector to get -- and I want to make sure I understand it right. If
this property was C-3, then it would be a collector, and it would take
people from the existing neighborhoods to the west to the C-3 and to
the commercial plaza south of there, right? I mean, it was --
MR. KHAWAJA: That is correct. To take you to Triangle,
yes.
COMMISSIONER SOLIS: And that -- and that alleviates some
of the traffic on 951. And if it was -- if it was developed as C-3, I
mean, that's the way it would be approved, with a connection to
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Celeste, right?
So my only concern is is that Celeste was intended as a
collector, but now it's not going to be a collector. We're going to
push all the traffic to 951. And I just want to make sure I understand
that what you're saying is because the intensity is -- we're essentially
downzoning the property, that the pushing the traffic onto 951, you
feel confident that that's not going to create an issue, and then we're
going to have everybody saying, wow, the traffic on 951's really bad.
Because we -- you see what I mean? We keep -- we keep making
these plans and then changing them based upon comments from the
neighbors when it's part of a much bigger plan.
MR. KHAWAJA: Yes. I mean, we're always listening to our
community and see what their concerns are.
The amount of traffic that they generate with an exclusive right
on Collier to allow -- to allow people to move over and turn into the
development and a right-out I don't think will be a huge impact on
Collier Boulevard. Especially with the signal just to the north,
they'll be making that -- a lot of these turns on the gaps when the light
is red. So I think it should be okay. It should not be any impact on
Collier Boulevard.
COMMISSIONER SOLIS: Okay. How far is the distance
from the right-out to where they would take a U-turn? What's
that -- I mean, it was a lot farther than I thought it was.
MR. KHAWAJA: It's going to be approximately .7 miles, a
little more than half a mile. So it's a long distance, especially if you
have to come back and go north. So that's --
COMMISSIONER SOLIS: Right, it's one point --
MR. KHAWAJA: From the intersection, just to be clear --
COMMISSIONER SOLIS: Right.
MR. KHAWAJA: -- because that's the one I measured. From
the intersection it's a mile and a half. So it's .75 south from the
September 13, 2022
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intersection of Grand Lely, not from their entrance, and then .75 back
north, so it's one-and-a-half miles.
COMMISSIONER SOLIS: And in your conversation with
Commissioner LoCastro about in the future if there's some issue there
at Grand Lely, we can come back and put in a right-out at Grand
Lely, how does that work? I mean, this is a PUD. How would we
come back later and change that, if needed?
MR. KHAWAJA: Well, that's -- that's something that -- you
know, a part of the ordinance that would have to be revised.
COMMISSIONER SOLIS: That's going to be written into the
PUD?
MR. KHAWAJA: Because right now it's a right only.
COMMISSIONER SOLIS: Right. But, I mean, if in the
future -- and maybe Mr. Yovanovich -- I mean, I appreciate that, and
I think that's a wise thing to do to say, okay, if the reality of it is we
need a right-out, there will be a right-out in the future, is that going to
be in the PUD ordinance, or are we just going to snap our fingers, and
it's going to happen?
MR. YOVANOVICH: Well, I would think we would need to
modify what's in front of you because right now it says right-out
only. I think we'd have to take that limitation out. And then I
thought what Tony wanted was during the design of the project to
determine whether he thought it would be a need for right-in,
right-out basically at this point or at least plan for it.
COMMISSIONER SOLIS: Right.
MR. YOVANOVICH: But the one modification we would
have to make -- not saying that that means we'll do a right-in,
right-out, but if we leave it right-out only, then we have to come back
and do a PUD amendment to allow for that right-out. Because right
now we have a right-in only.
COMMISSIONER SOLIS: So my question is -- right,
September 13, 2022
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if -- Tony, if you feel that that's -- that we need to do that, then who's
going to be in charge of making sure that a PUD amendment
happens?
MR. YOVANOVICH: Well, I would --
COMMISSIONER SOLIS: I mean, I guess that would be --
MR. YOVANOVICH: I personally would think the simpler
thing to do is just take out that prohibition. Then we can react
quicker to the design and construction change that needs to happen.
COMMISSIONER SOLIS: Okay. I'm just -- again, I
don't -- however it needs to be done, I think we need to reflect that
there is some thought to this. In the future we might have to do this.
MR. YOVANOVICH: Either way --
COMMISSIONER SOLIS: I'm not trying to change the terms
of what the Planning Commission raised, but --
MR. YOVANOVICH: Whatever's the pleasure of the --
COMMISSIONER SOLIS: It just seems like there's a --
MR. YOVANOVICH: -- Commission. If we have to come
back and amend the PD -- I'm sorry -- PUD, we'll have to come back
and amend the PUD. And I'm assuming we'll get approved to do
that, but --
COMMISSIONER SOLIS: Okay. I just want to make sure
that the county staff is comfortable with the way that's going to
happen, because it seems a little gray to me.
MR. KHAWAJA: Well, it depends how the Commissioners
feel. It would be nice to have the option if -- you know, like, make it
a right-only but don't restrict it to a right-only.
COMMISSIONER SOLIS: Would that --
COMMISSIONER TAYLOR: A nonrestricted right-only?
MR. KHAWAJA: Don't restrict it to right only. You know,
allow -- in case a change for a right out is needed in the future, that
we don't have to come back and amend the PUD.
September 13, 2022
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MR. KLATZKOW: Do you want the PUD to reflect that you'll
have the decision at the time?
MR. KHAWAJA: Yes. I think that's --
MR. KLATZKOW: So we'll change the PUD so that it will be
Transportation staff's decision as to the turning mechanisms.
CHAIRMAN McDANIEL: Commissioner LoCastro's lit up. I
have an opinion. I'll wait until everybody's done.
COMMISSIONER LoCASTRO: No, go ahead.
CHAIRMAN McDANIEL: But I'm not understanding -- and,
again, I wasn't privy to the community meetings and nearly as
intimate as you are, but our traffic engineer is telling us that a
right-in, right-out on Grand Lely Boulevard is a good idea and
reduces the amount of traffic on 951 and a U-turn and so on and so
forth. Why wouldn't we just say let's do a right-in, right-out on
Grand Lely Boulevard now? Then we don't have to come back and
flip a coin and amend the PUD and do all that. Was there that much
consternation by the community about a right-in, right-out?
COMMISSIONER LoCASTRO: I would ask Mr. Yovanovich.
CHAIRMAN McDANIEL: Whose idea was it to only do a
right-in?
MR. YOVANOVICH: I think the main concern was make sure
we did that dedicated right turn.
CHAIRMAN McDANIEL: Right.
MR. YOVANOVICH: That, I would say, was a large
percentage of that -- the right-in, right-out we volunteered primarily
because we weren't -- we didn't think that Tony would think we could
make the right-out fit. So if right-in, right-out will fit, that -- we
presented right-out only because we didn't -- I'm sorry, right-in only
because we didn't think we could fit both with the lane we were
building and getting closer to the -- whatever that traffic movement
is.
September 13, 2022
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CHAIRMAN McDANIEL: I think you'll be okay with a
right-in, right-out.
MR. YOVANOVICH: We would -- I don't think the
community was that worried about a right-in, right-out at that
location. It was, primarily, make sure we got that extra turn lane.
CHAIRMAN McDANIEL: Yes, absolutely.
MR. YOVANOVICH: And we got the access onto Collier
Boulevard.
CHAIRMAN McDANIEL: I think Commissioner Solis framed
it best is that, you know, sometimes we get to making decisions after
the fact. If this was going to be a commercial piece of property,
Tony's already shared with us it would be twice the amount of traffic
that a -- and, by the way, they still can do commercial here. All
we're doing, necessarily, is adding a potential use for a residential
use, which is 50 percent of the C-3 that's currently underlying. And
if the C-3 were going forward, they wouldn't be here talking to us.
There would be ingress/egress over on Celeste and so on and so forth.
So all that notwithstanding, it would be my vote that if we do, in
fact, approve this, that we have it solidified now, because some day
somebody else will have another opinion, that there is a right-in,
right-out on Grand Lely Boulevard. Boom.
MR. YOVANOVICH: Assuming it's safe, and we can design it
that way. I know that was a --
CHAIRMAN McDANIEL: Of course. If it fits. I'm not
certainly suggesting that we do anything unsafe, and we're still going
to have the right-in, right-out down on 951 to the southern end, and
we're going to keep Celeste protected for emergency access only for
today. So that's my opinion.
Commissioner LoCastro, sorry for jumping in in front of you.
COMMISSIONER LoCASTRO: No, this is a really healthy
discussion.
September 13, 2022
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You know, one of the things that I always say at all of the
meetings that we've had is, you know, we can do anything, but we
can't do everything.
And so as Mr. Yovanovich said, that right turn lane onto Collier
was, like, a deal breaker, I mean, you know -- and so putting that in
there then affected a bunch of other things that were nice-to-haves
but then maybe didn't fit perfectly.
But I agree with my colleagues. You know, I want to have the
easiest option down the road. But I will also say, if we ever saw
some serious safety issue, that trumps everything. So if something's
not perfect in the PUD or something's not written properly, I would
hope that we'd be able to come into this room here and say, wow, we
just discovered something where we had 10 accidents a week and,
you know, we have to jump on this quickly, and then we would take
action.
You know, maybe that's not the best course of action here, like
you say, maybe doing something a lot more proactive. But I think
the bigger heavy-lifting issues were agreed to, which was the
right-hand turn onto Collier and a few other things.
But I think anything that we can put in there that both sides
agree to -- I mean, we've got representation here from all sides -- that
makes it easier to make some adjustments. There's certainly some
developments that have happened in the past that some of that
latitude and some of those adjustments in writing would have made
things a lot easier. So do you all have objection to --
MR. YOVANOVICH: No.
COMMISSIONER LoCASTRO: -- adding that latitude in
there?
MR. YOVANOVICH: That's fine. I think I have some
proposed language that would do that. Depending on if there are any
public speakers or not, I can bring it up.
September 13, 2022
Page 79
COMMISSIONER LoCASTRO: Let me throw another
monkey wrench into the equation here. Do you have any objection
throwing verbiage in there about a possible future roundabout should
traffic become an issue or some sort of adjustment? So I hate to just
use the word "roundabout" because it makes it sound like -- there's
lots of things that could be done. So it's not just this or that. What's
your thoughts to putting something in there so that we don't -- we
don't make this a closed book, that we leave some openings?
MR. YOVANOVICH: We committed at all of the
neighborhood information meetings that should there need to be
revisions to whatever this thing is actually called, we would -- we
would pay our proportionate share towards that improvement.
COMMISSIONER LoCASTRO: Is that in writing?
MR. YOVANOVICH: We've said it. We'll put it in -- yes, I
believe it's in -- let me confirm that.
COMMISSIONER LoCASTRO: I would like that put in there
that if in the future an adjustment -- and maybe it's not as responsible
to just say "roundabout," because it makes it sound like that's the
approved solution. Tony and his team will decide or give us a strong
recommendation of what could go there. You know, you saw in his
graphic that big, giant circle. I'm not sure that fits.
But I'd like to see language in there, if you will agree to it, to
leave that open door, like my colleagues are saying, so that if we
have to come back here and make adjustments, we're not -- we're not
starting and having a big fight as to, well, we didn't agree to that, and
we didn't agree to pay for part of it, and that sort of thing.
MR. YOVANOVICH: We've said it in public meetings.
We're saying it here. We're happy to add a condition that says we'll
pay our fair share for the modifications at -- whatever Tony tells me
that thing is, we'll add it to -- we'll add it to the --
CHAIRMAN McDANIEL: The intersection of Grand Lely and
September 13, 2022
Page 80
Celeste.
MR. YOVANOVICH: Perfect.
COMMISSIONER LoCASTRO: Yes. And I know that
there's some citizens that are probably watching right now and
banging on tables and saying, the roundabout's a must; it's a must.
You know, this is all about compromise. So it's great to say, you
know, well, if we don't get the roundabout, then this entire thing is a
deal breaker. That's irresponsible. I mean, there's so many things
that have been agreed to here, so many changes that have been made,
so much teamwork involved. And, you know, making that a definite
type of thing this early on, I think, is not a requirement. And I think
we all agree. But having that language in there --
MR. YOVANOVICH: We're happy to put that in there.
COMMISSIONER LoCASTRO: Okay.
MR. YOVANOVICH: We've said it. We'll --
COMMISSIONER LoCASTRO: I do want to say one thing
about the Royal Palms, because I got the same emails that
Commissioner Taylor got. I went out there yesterday because I go
through there a lot. I'm not sure as many Royal Palms are going to
have to come out as sort of the emails make it sound like. One of the
things about that entrance is right now every Christmas they put
lights around it, and it really creates a very formal entrance that
they're proud of, and they should be. What they don't want to see is
an unbalanced type of entry.
MR. YOVANOVICH: Sure.
COMMISSIONER LoCASTRO: But when I sort of took a
look at it -- I mean, I don't have Tony's expertise on traffic. But
when I kind of visualize what the cutout would be for the right-turn
lane, I don't know that all those Royal Palms get taken out. So I
don't know if you've got a comment. Maybe this isn't the -- you
know, worthy of a longer discussion, you know, tree movement. But
September 13, 2022
Page 81
I liked what you had to say, we'll see what comes out there, and we'll
make the community cohesive when it comes to landscape and
Royal -- and there again, we might not be able to get everything. I
mean, you can't physically put a palm in the middle of the road. So
if that's not physically possible -- but I think you've all had those
conversations.
MR. YOVANOVICH: We want a very beautiful project.
COMMISSIONER LoCASTRO: Okay.
MR. YOVANOVICH: And that entrance is important.
COMMISSIONER LoCASTRO: Yeah, absolutely.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I just want a real quick
comment in terms of the right-in and right-out potential on Grand
Lely. I think there should be a right-out permitted, so I agree with
Commissioner Solis and Commissioner McDaniel on that.
Having a lot of -- well, it wouldn't be a lot of traffic, but having
traffic out there having to go down Collier Boulevard and then make
a U-turn, that's pretty disruptive. It's a high-speed road, so I would
rather see --
MR. YOVANOVICH: I agree.
COMMISSIONER SAUNDERS: -- all those residents being
able to make a right out on Grand Lely. I don't see why it wouldn't
fit. I know you were talking about it may not fit there.
MR. YOVANOVICH: We'll work with Tony.
COMMISSIONER SAUNDERS: If you could make it fit, I
think that's the way to go. I'd like some language in the PUD to
permit that.
MR. YOVANOVICH: Okay. And we have some suggested
language, if it's okay with Tony. If you want me to read it into the
record, I can or --
COMMISSIONER SAUNDERS: I trust you.
September 13, 2022
Page 82
MR. YOVANOVICH: You trust us?
CHAIRMAN McDANIEL: It will be a condition of the
approval if, in fact, this goes forward.
Commissioner Taylor -- are you okay, Commissioner Saunders?
Forgive me.
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. And this -- I discussed
this with Mr. Yovanovich, but I want to put it on the record for
consideration, not any other way, and that's your stormwater and the
comment in one of the NIMs that you indicated that the stormwater
would be probably put vaulted underground.
This is the beginning of Miami development, gentlemen,
because when you can't -- when you don't have room to put it above
the ground, you put it underground which gives you more
opportunity to make it more dense above the ground.
So look at what -- during these next few months, look at what
has been done and look what's coming. And if you want to see what
it looks like, really looks like, go to the corner of U.S. 41 and
Goodlette Road with that development there. That's all vaulted
underground, and across the street that is all vaulted underground. If
this is where we're headed, then so be it. If it's not where we're
headed, then I think we could possibly work to modify this a little bit,
which would create more open space.
Thank you very much.
CHAIRMAN McDANIEL: Public comment. I think we're
done with the Board of County Commissioners for now.
MR. MILLER: Thank you, Mr. Chair. We have three
registered speakers. All of them will be joining us on Zoom today.
Your first speaker is Timothy Allen, and he will be followed by Jan
Face Glassman, and then by Gae Lennox.
September 13, 2022
Page 83
Mr. Allen, I see you're there. You have three minutes, sir.
Hold on a second. I seem to be experiencing a problem here.
Let me see if it's something on my end. No.
Mr. Allen, are you there, sir?
(No response.)
MR. MILLER: Mr. Allen, are you with us?
(No response.)
CHAIRMAN McDANIEL: I am not hearing him. Let's try to
come back to him. Let's go to Jan Face Glassman. Jan, are you
with us?
(No response.)
MR. MILLER: You are being prompted to unmute yourself,
Ms. Glassman.
MS. GLASSMAN: I'm unmuted, I believe.
MR. MILLER: Yes, you are. Ms. Glassman, you have three
minutes. Please begin.
MS. GLASSMAN: Thank you. And hopefully Tim will be
able to jump in after me.
MR. MILLER: Okay. Hold on a minute. She was just muted
for some reason.
MS. GLASSMAN: Hello?
MR. MILLER: There you are. Go ahead.
MS. GLASSMAN: Okay, thank you.
We have concerns about the traffic. And I have dealt with
Tony on a number of issues, so I know that he is aware of this, and I
certainly appreciate his input.
With not having the left-turn entry into the apartments coming
north on 951, that will drive considerable traffic onto Grand Lely at
that left turn and more traffic onto that turn on Celeste for people
making U-turns on Grand Lely.
So I would like to have that roundabout reconsidered. It's
September 13, 2022
Page 84
something we've talked about in the past. The way that works right
now, there have been near misses of head-ons with people turning
into it. I think it's going to be worse as people try to make U-turns
on there. So without the left turn going north on 951, I think that the
roundabout needs to be reconsidered.
The other thing is that that is a short distance going down Grand
Lely where that third lane is being added, and we certainly appreciate
the developers adding that, but the conversation about only having an
entrance there into the apartments but not an exit was because it's a
short distance, and there will be people going down Grand Lely to
make that right-hand turn onto 951. For anybody coming out,
they're going to be crossing two lanes to make that left-hand turn
onto 951 north.
It's an immediate problem. There's going to be accidents there.
I can see it. Almost immediately. So I would like that not to be
changed to a right turn onto Grand Lely, and I would appreciate that
it not be removed, that right now that is only an entrance, and that the
community would definitely have a conversation if that exit were
going to be put in there.
As far as the Royal Palms, I would have a concern on the way
that this is reading. I understand moving the Royal Palms could be
difficult, but to say that if they have to take down the Royal Palms on
the south side they will put in appropriate landscaping on the north
side and the south side I don't think is specific enough because both
entrances -- or all the entrances to Lely Resort have those Royal
Palms. So I think that, in some way, there need to be mature palms
put in that match on both sides. It can't be just be "appropriate
landscaping" in the wording.
Another thing that we would need at Grand Lely and Celeste is a
crosswalk, because we figure people from the -- that apartment
complex will take advantage of walking across and walking the
September 13, 2022
Page 85
neighborhoods, and there is no safe way to cross that road there right
now, because that's where I walk, so we would ask that a crosswalk
be put in at Celeste crossing over Grand Lely. So there will be more
foot traffic, and that could be an issue.
Let me see. What else did I have on here? I'm going to let
Tim talk to some of this, but --
CHAIRMAN McDANIEL: Ms. Jan, your three minutes are up.
MS. GLASSMAN: Okay, thank you.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: We're going to try Timothy Allen again.
Timothy, I see you there. Can you hear us? Can you speak for
me, sir?
MR. ALLEN: Yeah. Can you hear me now?
MR. MILLER: Yes. You're very faint. I'll raise you up as
loud as I can on my end.
MR. ALLEN: Okay. I'm sorry. I had to change over to my
computer audio -- or computer microphone.
Yeah. So the board has met, the master property owners
association board has met with the developer. We're in favor of this
rezoning; however, we do want -- you know, there are a couple of
contingents that we did have which we want to make sure are entered
in.
One is that the exterior design be reviewed and approved by the
Master Architectural Review Committee and the fully landscaped
berm along Celeste to act as additional barrier. The other ones have
all been addressed in the presentation.
But we want to additionally have the community participate in
the LCDD because of the water. If they use well water, that has
significant rust in our area, and it would -- it would cause some
beautification issues, especially if the sidewalks and buildings
become covered with that rust. So we'd want the water for irrigation
September 13, 2022
Page 86
to come from the LCDD and them to participate in the LCDD.
And then the last one is, as Penny described, the drainage. We
want the on-call consulting engineer for the master association to
review any plans for that drainage because we already are having
difficulties within the Olé community. So we want that addressed as
well.
And I think all the rest of the major concerns around traffic have
been addressed by Jan.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Mr. Chairman, your final speaker on this item
is Gae Lennox.
Ms. Lennox, you're being prompted at this time to unmute
yourself. If you'll do so at this time. Let's see.
I do not see her unmuted yet.
Ms. Lennox?
MS. LENNOX: Okay.
MR. MILLER: There you are. You have three minutes,
ma'am.
MS. LENNOX: Okay. Thank you. My name is Gae Lennox.
I live directly across the street from this project. I do want to say
one thing, and that is that with the allowance of residential use on the
commercial property, that means that it will only be residential. It
cannot be both commercial and residential. I just wanted to make
that clear. I think that Mr. Sawyer addressed that; it cannot be both.
I want to be sure of that.
I also agree with Jan; no right turn onto Grand Lely. It will
really create a big mess. For those who want to live in that
apartment -- beautiful apartment that they're building, if they need to
go down and make a U-turn and it takes them an extra mile, that's
their choice to live there with that, but I don't see where the rest of us
really need to suffer with the traffic because of this apartment
September 13, 2022
Page 87
building.
I also want to know how the construction equipment is going to
get into that lot. Are they going to be coming down Celeste? Are
they going to use 951 to come in or Grand Lely? I would like that
question answered.
Thank you.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: And that was all your speakers.
CHAIRMAN McDANIEL: Public hearing -- now, County
Attorney, I didn't call for ex parte from our board. I didn't violate
any major rules by doing that yet. We haven't voted.
MR. KLATZKOW: You may as well do it now then, yes.
CHAIRMAN McDANIEL: I mean, we're not out of Hoyle
with the hearing or anything in that regard?
MR. KLATZKOW: No. We're not going to go to jail for this.
We're good.
CHAIRMAN McDANIEL: I don't want to go to jail. Not
today.
COMMISSIONER SAUNDERS: We could start the hearing
all over again.
CHAIRMAN McDANIEL: Yeah. We're not going to go
there.
Commissioner Taylor, do you have any ex parte, by the way?
COMMISSIONER TAYLOR: Yes, I do. I have meetings, I
have emails, and I have phone calls.
CHAIRMAN McDANIEL: Thank you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I have the same.
CHAIRMAN McDANIEL: And I have the same as well.
COMMISSIONER LoCASTRO: I have the same plus some
correspondence.
September 13, 2022
Page 88
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Yes. I met with Mr. Yovanovich.
I've gotten letters and emails and calls from constituents as well.
CHAIRMAN McDANIEL: Forgive me. I just -- I had a note
on it, and I should have called for that in advance.
So other than that, I have no other -- no other commissioners
that are lit up with any kind of questions.
COMMISSIONER LoCASTRO: I'll light up.
CHAIRMAN McDANIEL: And you're going to light up.
Commissioner LoCastro's going to.
COMMISSIONER LoCASTRO: Well, I mean, the callers
bring up some valid points. And, Mr. Yovanovich, I'd like to, you
know, hear your reply and, Tony, jump in as well.
First of all, there was a long laundry list of demands, so I don't
want anybody to get the impression that the three things you just
heard are nonnegotiable and kill the whole project. This developer
and the residents have agreed to a lot of things that we don't have to
debate here, and the Planning Commission didn't have to debate
because everybody was on the same sheet of music.
These are sort of the leftover things, but they do have merit. So
one of the things I wanted to say since, you know, Ms. Glassman
brought it up. The crosswalk, I don't disagree that there's going to be
a lot of traffic, you know, back and forth and, you know, we want
people to be able to do it safely.
I didn't do as deep of a dive on traffic analysis as your team
does, Tony, but I think it's important for us to hear here -- and, you
know, granted, we don't need a two-hour discussion on palm trees
and, necessarily, a crosswalk, but at least to make a comment on, is
that a portion that should be included in writing? It fell out for some
reason? It doesn't fit? You know, that's other thing. We have
citizens that came up with a lot of great ideas, but Tony was the first
September 13, 2022
Page 89
person to say, hey, some of -- all this stuff doesn't fit. So I can't -- I
know you all wanted it, but it doesn't fit.
Talk about the crosswalk.
MR. YOVANOVICH: Obviously, we will be happy to paint a
crosswalk. I don't know too many PUDs where I put in a specific
stipulation to do that. That's usually something that's been reviewed
with Transportation as we're doing our Site Development Plan. So
fine, we'll be happy to put in a crosswalk where appropriate.
COMMISSIONER LoCASTRO: Okay. And there again, you
know, not that nobody trusts anybody, but if we all get hit by a truck
tomorrow, I'd like that in writing that it's part of the agreement
that -- to put that in there.
MR. YOVANOVICH: If we need a condition that says we're
going to put in a crosswalk in the PUD, we'll put in the condition.
COMMISSIONER LoCASTRO: Okay. And then the
question about where trucks will traverse. That's always a big -- a
big question. Just to get it on the record here. Not that you have a
crystal ball -- and sometimes it's a little bit of everything, depending
on who's coming in here. But have those conversations happened
yet as --
MR. YOVANOVICH: We envisioned our construction access
would be off of Collier Boulevard unless Tony tells me he wants it
somewhere else.
COMMISSIONER LoCASTRO: Yeah. I mean, that's what I
expected. But I think, you know, if citizens observe something
otherwise where, you know, smaller roads are being used because it's
a little bit of a shortcut, we've got to jump on that quickly, because
the expectation is Collier Boulevard should be sort of the main
thoroughfare, unless there's sort of a special unique case. I would
hope. I would expect.
So I just want to make sure the developer's, you know, aware of
September 13, 2022
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that and doesn't take a bunch of shortcuts.
MR. YOVANOVICH: We already have in there that we'll be
using the CDD's irrigation water as long as it's not cost prohibitive to
extend it to the property. It's already in the PUD.
COMMISSIONER LoCASTRO: Okay. That's all I have.
CHAIRMAN McDANIEL: Is there a motion for approval?
COMMISSIONER LoCASTRO: Yeah. I'd like to make a
motion for approval, if no one has any objections or questions.
CHAIRMAN McDANIEL: I'll second it.
COMMISSIONER LoCASTRO: All in favor?
CHAIRMAN McDANIEL: Any other discussion?
(No response.)
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the project and with the provision of the right-in,
right-out on Grand Lely.
COMMISSIONER LoCASTRO: Absolutely. And a few other
things we want to put in writing.
CHAIRMAN McDANIEL: Of course.
MR. YOVANOVICH: I've just got -- can I just make sure I
don't miss anything?
CHAIRMAN McDANIEL: And by the way, Ms. Terri's
writing down everything, so your concerns about it being in writing
are right there forever.
It's been moved and seconded that we approve the project with
those stipulations. Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
September 13, 2022
Page 91
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: 5-0. Congratulations.
MR. YOVANOVICH: Thank you.
CHAIRMAN McDANIEL: Do you have anything you can do
in 13 minutes?
MS. PATTERSON: Chairman, I would recommend that we
take the jail laundry renovations. I believe we have members from
our Sheriff's Department here -- Sheriff's Office. That's a quick item
we can take before lunch, then we'll pick back up with our other
advertised public hearing after lunch.
Item #11D
RECOMMENDATION TO AWARD CONSTRUCTION
INVITATION TO BID (“ITB”) NO. 22-7959R, “COLLIER
COUNTY JAIL LAUNDRY RENOVATION,” TO ONESOURCE
CONSTRUCTION COMPANY & BUILDERS, INC., IN THE
AMOUNT OF $2,094,550 AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED AGREEMENT - MOTION BY
COMMISSIONER TAYLOR TO APPROVE; SECONDED BY
COMMISSIONER SAUNDERS – APPROVED
MS PATTERSON: So that would bring us to Item 11D,
formerly Item 16C5. It's a recommendation to award construction
Invitation to Bid No. 22-7959R, Collier County Jail Laundry
Renovation, to One Source Construction Company and Builders, Inc.,
in the amount of $2,094,050 -- I can't do math -- and authorize the
Chairman to sign the attached agreement.
CHAIRMAN McDANIEL: I think you're doing good; I think
September 13, 2022
Page 92
you're doing good. Do we need to have a report on this or just have
a discussion after -- or during the approval process that we develop
some policy with regard to where things are?
MS. PATTERSON: It's simply on the regular agenda because
of the dollar amount.
CHAIRMAN McDANIEL: I understand.
MS. PATTERSON: We can have the staff just give you a
one-minute synopsis or nothing if you are comfortable.
CHAIRMAN McDANIEL: I don't really need anything other
than --
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: It's been moved that we approve
this and seconded. And for discussion purposes, I would like policy
developed for the dollar amounts to not be from a verbal comment of
a commissioner from years gone by. I would like it to be -- and us to
develop policy so we don't have this again.
MS. PATTERSON: Agreed. We plan to discuss that on
communications this afternoon.
CHAIRMAN McDANIEL: It's been moved and seconded for
approval. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: It was a great report, by the way.
MR. SUREAU: Thank you.
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.
September 13, 2022
Page 93
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: Do you want to take --
CHAIRMAN McDANIEL: Have you got another one?
MS. PATTERSON: -- another one?
Item #11A
AN AGREEMENT FOR THE PURCHASE OF SIX TRACTS OF
LAND (PARCELS 114FEE, 115FEE, 116FEE, 117FEE, 118FEE,
AND 119FEE) REQUIRED FOR CONSTRUCTION OF THE
LAKE PARK FLOW WAY (PROJECT 60246). ESTIMATED
FISCAL IMPACT: $1,857,500. THE SOURCE OF FUNDS IS
STORMWATER BONDS - MOTION BY COMMISSIONER
TAYLOR TO APPROVE; SECONDED BY COMMISSIONER
MCDANIEL – APPROVED
MS. PATTERSON: At your pleasure, we can move on into the
10s or we could take the -- perhaps the best way would be maybe to
take the flowway item for stormwater. That's Item 11A. This one
does require -- I'm going to read it in. This one requires a
supermajority vote.
This is a recommendation to approve an agreement for the
purchase of six tracts of land required for construction of the Lake
Park Flowway Project 60246, estimated fiscal impact $1,857,500.
The source of funds is Stormwater Bond Funds. And Ms. Beth
Johnssen, your director of Capital Project Planning, Impact Fees, and
Program Management, will present or answer questions.
MS. JOHNSSEN: Good morning, Commissioners.
As County Manager Patterson said, I'm prepared to --
CHAIRMAN McDANIEL: Onto the mic. Move onto the mic.
September 13, 2022
Page 94
MS. JOHNSSEN: I'm prepared to do a presentation or to
answer any questions that you have.
CHAIRMAN McDANIEL: I got all my questions answered
yesterday. Does anybody --
COMMISSIONER TAYLOR: I'd like to move approval.
CHAIRMAN McDANIEL: It's been -- it's been moved -- and
I'll second. It's been moved and seconded for approval. Is there any
other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
MS. JOHNSSEN: Thank you.
CHAIRMAN McDANIEL: Another really good report, Dear
Beth.
MS. PATTERSON: Commissioners, 11B is the Hussey
property. I believe there's going to be some discussion on that one.
Item #11C
AWARD INVITATION TO BID (ITB) NO. 22-7981, NORTH
COUNTY REGIONAL WATER TREATMENT PLANT STORAGE
BUILDING (PROJECT NO. 70136), TO ONESOURCE
CONSTRUCTION COMPANY & BUILDERS, INC., IN THE
AMOUNT OF $1,242,797, AND TO AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT -
MOTION BY COMMISSIONER MCDANIEL TO APPROVE;
SECONDED BY COMMISSIONER SOLIS – APPROVED
September 13, 2022
Page 95
MS. PATTERSON: If we'd like to hop down to Item 11C, this
is another item that appears on the agenda because of the dollar
amount. This is a recommendation to award Invitation to Bid
No. 22-7981, North County Regional Water Treatment Plant storage
building, Project No. 70136 -- I have to slow down, sorry -- to One
Source Construction Company and Builders, Inc., in the amount of
$1,242,797, and authorize the Chairman to sign the attached
agreement.
Mr. Matt McLean, your Public Utility Engineering Division
Director, will present or answer questions.
MR. McLEAN: Good afternoon -- or good morning, soon to be
afternoon, Commissioners.
There was a presentation that was along with the agenda. And
with you I'm here to answer any questions that you may have. Matt
McLean, the Engineering Project Manager Division Director.
CHAIRMAN McDANIEL: We have no follow-up questions,
so I'll make a motion for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
September 13, 2022
Page 96
MR. McLEAN: Thank you.
CHAIRMAN McDANIEL: Want to go to lunch?
MS. PATTERSON: I think.
CHAIRMAN McDANIEL: All right. With that, we'll go to
lunch. Be back at 1:00. How's that?
MS. PATTERSON: Thank you.
CHAIRMAN McDANIEL: Give you an extra nine minutes for
lunch.
(A luncheon recess was had from 11:51 a.m. to 1:00 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: Mr. Chair has a live mic and
turned his back to everybody. Sorry about that.
All right. Let's -- are you keeping track of where we're at?
MS. PATTERSON: Of course, I am. Absolutely.
CHAIRMAN McDANIEL: Because I have gone in circles.
Item #9B
AWARD INVITATION TO BID (ITB) NO. 22-7981, NORTH
COUNTY REGIONAL WATER TREATMENT PLANT STORAGE
BUILDING (PROJECT NO. 70136), TO ONESOURCE
CONSTRUCTION COMPANY & BUILDERS, INC., IN THE
AMOUNT OF $1,242,797, AND TO AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT -
MOTION BY COMMISSIONER MCDANIEL TO APPROVE;
SECONDED BY COMMISSIONER SOLIS – APPROVED
Item #11G
DIRECT STAFF TO BRING BACK AN AMENDMENT TO
ORDINANCE 2013-57, THE ADMINISTRATIVE CODE FOR
September 13, 2022
Page 97
LAND DEVELOPMENT TO ADDRESS AN EXPRESSED
CONCERN FOR PUBLIC SAFETY REGARDING MEETING
DECORUM, LOCATION, AND VIRTUAL OPTIONS FOR
NEIGHBORHOOD INFORMATION MEETINGS - MOTION BY
COMMISSIONER SOLIS TO APPROVE; SECONDED BY
COMMISSIONER TAYLOR – ADOPTED
MS. PATTERSON: We're going to start with Item 9B, which
is formerly 17A, and it will be followed by its companion, 11G. But
we'll start with the new 9B. This item was continued from the
July 21st, 2022, BCC meeting. It's a 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. This was moved
from the summary agenda at Commissioner LoCastro's request.
Also on the change sheet was a clarification that was requested
by the Sheriff, which I'll put up on the visualizer.
COMMISSIONER LoCASTRO: Maybe I'll just chime in to set
the table here. The reason I pulled it -- much like other things,
pulling it doesn't mean you disagree with it, but I thought this one
was worthy of discussion. I mean, a lot of times when citizens see
something on the consent agenda, they -- you know, they
immediately accuse us of, oh, we're sliding something under the
table. We're taking away their rights.
And I think it bears just a little bit of discussion of what 9B does
and what it doesn't do, because there was a bit of confusion out there.
So that was my only reason, just to give us some time to define,
discuss it, and get it on the record for citizens and for ourselves.
That was my only reasoning.
MS. PATTERSON: Understood.
September 13, 2022
Page 98
Before I turn it over to the County Attorney, I will read this
change that's being requested into the record, because we didn't do it
as part of the change sheet.
The current language up on the visualizer reads: The County
Sheriff or his deputy shall be the sergeant at arms at meetings of the
Board of County Commissioners and shall carry out all orders of the
Chairman to maintain order and decorum including the removal of a
disorderly person when requested by the Chairman.
The proposed language reads -- and you'll see the underline and
strikethrough: The County Sheriff or his deputy shall be the
sergeant at arms at meetings of the Board of County Commissioners
and may assist the Chairman in maintaining order and decorum,
including the removal of a disorderly person when requested by the
Chairman.
CHAIRMAN McDANIEL: And this was the language,
Commissioner Solis, that was being worked on and submitted last
time when I continued this item to today and, hence forth, that's why
I continued it the last time.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: I spoke with the County Attorney
yesterday about this. I still have concerns with regard to the First
Amendment and people's -- people's right to have their opportunity to
speak. And I suppose we'll deal with that when the circumstance
arises and someone has to be removed from one of our public
meetings.
COMMISSIONER TAYLOR: With all due respect, what
amendment? You mean No. 1 within the -- within the ordinance,
No. 1?
COMMISSIONER SOLIS: The First Amendment.
CHAIRMAN McDANIEL: The First Amendment of the
Constitution of the United States with regard to --
September 13, 2022
Page 99
COMMISSIONER TAYLOR: Oh.
CHAIRMAN McDANIEL: -- the freedom of speech.
COMMISSIONER TAYLOR: How does this stop the freedom
of speech? I'm just curious.
CHAIRMAN McDANIEL: It has been alleged that an action
like this could have an impact on infringement of the freedom of
speech of the public at one of our meetings.
So with that, County Attorney, do you have any comments?
MR. KLATZKOW: No. This was at board direction I
prepared this. It was modeled after the -- what the school board here
does. The Sheriff was very comfortable with that.
We've worked with the Sheriff to get the revised language, so
it's entirely your discretion.
CHAIRMAN McDANIEL: Got it.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I mean, I think this
has to just do with safety, not freedom of speech. And I guess that's
where the gray area will be, that people have to have discretion and
not overreact or not underreact.
Somebody screaming and yelling that disagrees with something,
that is freedom of speech. Somebody screaming and yelling and
pushing and shoving, you know, causing that sort of a ruckus where
we, you know, need the Sheriff involved, I think that's what we're
trying to prevent.
Certainly, heated arguments happen all the time and,
unfortunately, they become, you know, wasted meetings because they
spend more time arguing than talking, but to me this was strictly a
safety issue, that if other people who weren't being disrupted [sic]
were possibly sitting in an unsafe environment or a person -- a person
who was exercising their freedom of speech was escalating in such a
way that it could lead to something that became an unsafe situation,
September 13, 2022
Page 100
the chairperson has the ability to ask for Sheriff assistance, I guess.
And that's how I read this, so I don't think it's infringing on
anybody's rights. And that's why I wanted to talk about it, because
some citizens saw this on the consent agenda and, you know, drew
their own conclusions. I think what we're looking to do here or what
I think it was doing was guaranteeing the safety of the folks who
were there, because we've had reports of folks that have, you know,
gone above and beyond just having heated discussion. I mean,
right? We had reports of people that were, you know, armed, or
were, you know, pushing and shoving and things like that. So that
was my understanding. This was just a safety issue that would be
exercised and, you know, not routinely because it wouldn't be needed
routinely, but in those instances where safety was an issue. Am I
correct there?
MR. KLATZKOW: Yeah. I mean, frankly, I was rather sad
preparing this because all the years we've had in the board, we've
never this had issue, but today's level of civil discourse has
coarsened, and, you know, hence the ordinance.
CHAIRMAN McDANIEL: Hence the ordinance. And there
again, you know, there is a concern of an infringement on a freedom
of speech, but that freedom of speech comes with a consequence if
you are acting inappropriately.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I don't think there's anything in this ordinance that's proposed
that is any different than what we always do, so I'll move for
approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: And for discussion purposes,
Commissioner Solis, you want to talk us out of it?
COMMISSIONER SOLIS: No, not at all.
September 13, 2022
Page 101
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: I was just going to say, I think
it -- I mean, this goes both ways in the sense that it also clarifies for
people out there, I mean, how this is going to work. I mean, it's
good for the public to know.
CHAIRMAN McDANIEL: Well, you know, the language that
was suggested by the Sheriff as opposed to "shall" based upon the
direction of the Chairman -- because you never know who's going to
be the Chair.
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: And this is "may." The discretion
then comes -- and we know that our current Sheriff is a
constitutionalist like us, and so --
COMMISSIONER SOLIS: Yep.
CHAIRMAN McDANIEL: -- that "may" then allows that.
And I know, Troy, you've got lit up here for public comment.
MR. MILLER: Quick point of clarification. I know 9B and
11H are companion items. Are we doing two bites at the apple or
just one chance to speak?
CHAIRMAN McDANIEL: I'd as soon do them both now
unless we have to do individual.
MR. MILLER: Michael Ramsey has signed up to speak on
both of those items. Do you want to give him six minutes? Three
minutes? How do you want to do it?
MR. RAMSEY: We can do both at the same time.
CHAIRMAN McDANIEL: Come on. We're doing them both
right now. It's been -- we've voted, but we'll listen.
MR. RAMSEY: My name is Michael Ramsey. I'm the
president of the Golden Gate Estates Area Civic Association.
We've been watching -- my group has been watching this evolve
since the infamous NIMs meetings with Collier/Vanderbilt over at
September 13, 2022
Page 102
the Sports Park and the one prior in Greater East Naples.
We've been watching it come through there, and we've picked
out on some of the issues. We had some of our meetings with our
people, and I'd like to express to you the way it is coming across to
us, because I'm also hearing some of that here.
First of all, the way this process has been going since the NIMs
meetings, a lot of my Estates residents feel like we're being targeted
because we're Estates residents because of the initial NIMs meeting,
and this continues to seem to build up and fester since this has been
over the last three -- two or three months.
The second issue is is that we see that this can lead to some
bullying to the Estates residents. It has been presented to me that
you can shut down some discussion because sometimes feeling and
what -- you're qualitative discussion about quality of life in the
neighborhood is not expert opinion, and sometimes my people have a
hard time coming to these meetings under this pressure and
expressing it. So there's a bullying component to this that they
worry about.
Again, it's also come up that it is close to, in some regards, as
they bring out the content of their feelings, impinging on freedom of
speech. You brought it up. I'm going to reemphasize it. That's a
concern with the group.
And the last one is, we had a long discussion about this issue.
So over a two-month vacation break, we understand the summary
agenda. The summary agenda is for an issue that was put on there
that was advertised or it was put out there and there was no public
comment or discourse on it. So after a two-month break with no
information coming from Collier County or this body, it was put on
the summary agenda. To us, that's like trying to hide it from us and
pass it at the beginning of the meeting. We do not like that. We're
telling you about it. It concerns us.
September 13, 2022
Page 103
So our last issue here is is that we don't think there's any need to
come up with this new ordinance. Number 2, you've already got all
the tools in place to take care of it. So my last comment would be,
don't target the Estates residents for the acts of a few.
CHAIRMAN McDANIEL: Thank you.
COMMISSIONER SOLIS: There was a motion and second.
CHAIRMAN McDANIEL: There is a motion and second.
Any other discourse?
COMMISSIONER SAUNDERS: Yes, Mr. Chairman, I just
want to respond.
This is certainly -- at least I can only speak for myself, but I
assume it's true of everybody here. This in no way is targeting
anybody. If there's a target at all, it would only be the somebody
who might want to stand up and start screaming at us and ask them to
stop screaming and they're disrupting a meeting, we have to ask them
to be removed. That's no different than what the process is right
now anyway. It's just codifying it.
So just so you understand, I personally am not targeting
anybody other than maybe the one person that may come in here
every 10 years and start disrupting the meeting. We can't have
people disrupting a meeting. And so just understand there's
no -- there's no targeting with this.
CHAIRMAN McDANIEL: Appreciate you saying that. That
pretty much goes without needing to be said, but you brought it up,
and it's been addressed, so...
It's been moved and seconded. Any other further discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
September 13, 2022
Page 104
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: Commissioners, to clarify, that is a vote on
9B and 11G regarding the NIMs, and that will be coming back to you
once the staff has worked on what their recommendations are.
COMMISSIONER LoCASTRO: For 11H.
MR. KLATZKOW: It was H until F went away, and now it's
G.
COMMISSIONER LoCASTRO: I gotcha.
CHAIRMAN McDANIEL: She requires no help.
COMMISSIONER LoCASTRO: I'm going to catch her on one
error one of these days.
Item #10A
BOARD DISCUSS IMPLEMENTING A MORATORIUM ON
NEW APPLICATIONS FOR SELF-STORAGE FACILITIES IN
ALL ZONING DISTRICTS THAT LIST THIS USE AS A
PERMITTED OR CONDITIONAL USE ALONG US 41
BETWEEN THE PALM STREET/COMMERCIAL DRIVE/US 41
INTERSECTION AND THE PRICE STREET/US 41
INTERSECTION, UNTIL GROWTH MANAGEMENT PLAN
AND LAND DEVELOPMENT CODE AMENDMENTS
IMPLEMENTING THE EAST NAPLES COMMUNITY
DEVELOPMENT PLAN ARE ADOPTED - MOTION BY
COMMISSIONER LOCASTRO FOR STAFF TO BRING BACK A
DETAILED REPORT AT THE SEPTEMBER 27, 2022, BCC
MEETING; SECONDED BY COMMISSIONER TAYLOR –
September 13, 2022
Page 105
APPROVED
MS. PATTERSON: All right. Commissioners, moving along,
we're into 10A. This is a recommendation to have the Board discuss
implementing a moratorium on new applications for self-storage
facilities in all zoning districts that list this use as a permitted or
conditional use along U.S. 41 between the Palm Street/Commercial
Drive/U.S. 41 intersection and the Price Street/U.S. 41 intersection
until Growth Management Plan and Land Development Code
amendments implementing the East Naples Community Development
Plan are adopted.
This item was brought forward by Commissioner LoCastro.
CHAIRMAN McDANIEL: And the floor is yours,
Commissioner.
COMMISSIONER LoCASTRO: I don't mean to be adding a
lot of things to the agenda and creating work, but, you know, I
thought this one was extremely important. Years ago, you know,
this commission worked really hard in District 1, you know, under
Commissioner Fiala to institute an East Naples Development Plan,
basically take a strong look with engineers and architects at, you
know, the stretch -- I always say it goes from, sort of, Airport to
Collier Boulevard down U.S. 41 to see what should it have looked
like? What could it have looked like? What kind of things, you
know, would make -- would bring cohesion to that area?
You know, my assessment is I sure wish the East Naples
Development Plan would have been -- the trigger would have been
pulled on it maybe 10 years ago, and maybe this stretch would look a
lot different. But in the last year, we've basically morphed that East
Naples Development Plan because it's great to get artist's renderings
of what it all could have and should have looked like, but it's not very
helpful to us when it says, wow, 10-foot-wide sidewalks would be
September 13, 2022
Page 106
great. Yeah, they would be great. We'd have to tear out a whole
bunch of things right now that are already in place that are in the
way.
So what our staff's done is to basically utilize that East Naples
Development Plan and morph it a little bit into an East Naples
rezoning overlay which is examining that area. And, you know,
Mr. Bosi's here to sort of fill in the blanks that I'm missing here. But
just to give a quick summary, the work of that overlay is, I won't say
in the final stages, but we expect early next year to get the results of
that with lots of recommendations of not just what could have or
should have been done but what can be done in the future; how we
might better manage growth, design certain things, where certain
things should go.
And the reason I'm proposing a temporary moratorium on
especially storage units -- and it's not that storage units are being
targeted here, but it was the storage unit discussion that led to the
East Naples Development Plan getting life, because they
were -- seemed to be popping up sort of out of nowhere and
indiscriminately in places where it was very visible green space that
many thought would get something much different than a storage
warehouse.
You know, some might say storage facilities are great because
they are -- the last few that have been built are architecturally more
fancy and they don't generate a lot of traffic. They tend to just sit
there, and the parking lot's almost nearly empty because people
around here that downsize put stuff in storage and then leave it there
for 10 years and then pick it up 10 years later and donate it to St.
Matthew's House, which is a whole 'nother argument. But the reality
is, it makes this stretch of 41 look very industrial, I mean, these
storage warehouses.
So the reason that I'm proposing a temporary moratorium -- and
September 13, 2022
Page 107
I say "temporary" because I would like to wait on the results of the
East Naples rezoning overlay, which is going to give us a lot of
direction and not have a bunch of things sort of built and sort of
sneak under the door between now and when we get that report, and
then get that report and then look over our shoulder and go, wow, this
report was really valuable. The last six things that we built along
this stretch we would have done different or better or not have
approved.
And so, you know, we always talk about the cart before the
horse. I want to see the horse first before we figure out what the cart
should look like. And so I'm looking for your support in my district.
And it's not going to affect -- there's not 50 storage units coming to us
in the next six months.
And I've met a lot with the staff and met with Mr. Klatzkow, so
it's not something that we just drew up, you know, five minutes ago.
Those storage unit facilities that are already in play, have
permits, have Site Development Plans, that train already left the
station. So they'll be allowed to be built. And in the cases of the
ones that come to mind to me, they actually don't have much
pushback. There's one towards the end of 41 and Collier, a little bit
past Collier, that's an add-on to a storage unit that's already there.
Site Development Plan's already in play. The citizens actually have
met and, during their meetings, they actually want it. It's not in a
place that's creating a lot of controversy.
But this temporary moratorium would be until we get the East
Naples rezoning overlay plan, get the results of it. We've spent a lot
of money and a lot of time on it, so I think, you know, before we, you
know, haphazardly and quickly build a bunch of things in the district
that I represent, which I got a lot of pushback from citizens that see
these, especially the storage units, popping up and saying, how did
that one get approved? How did that one get approved?
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This East Naples rezoning overlay will give us a much better
education as to how we can make this part of District 1 and in East
Naples look a lot better, be more functional, and add much more
cohesion. And so that's why I'm asking for your support for this,
you know, temporary moratorium until we get that report early next
year.
And I invite Mr. Bosi -- I asked him to be here in case you had
any questions or, Mike, if you wanted to say something in a short
summary to explain much better than I basically did, and maybe
shorter, what we're doing here and what we're not doing here.
MR. BOSI: Thank you, Commissioner. Mike Bosi, Zoning
director.
This has been an issue that this body has been dealing with for a
decade. A moratorium has been suggested at one point in time. In
the past, we've never gone through with it. But where we're at right
now within the East Naples Development Plan and the establishment
of the U.S. 41 East Corridor Overlay, we have scheduled public
meetings in October and December to wrap up the public portion of
it. We have GMP amendments that would be proposed for
transmittal that we have tentatively scheduled before the Planning
Commission in February, the Board of County Commissioners in
March, and then, ultimately, we have the adoption review by the
Planning Commission in May, adoption of the overlay, the GMP
amendment -- GMP overlay as well to be wrapped up in June. So
that's basically a nine-month period that we would expect the
moratorium to be around.
And what it is is it's design standards. It's other components.
It's placement of buildings. It's look, it's the feel, it's transportation
opportunities and avenues that are going to be -- that are going to be
incorporated within the overlay to help address the concerns that
we've heard from this community over the past five to seven years
September 13, 2022
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that we've been working on this issue trying to bring a softening to
that auto-centric type of land uses that have dominated the 41
corridor.
We have -- the confines are basically, as the commissioner said,
from Airport Road to just a little bit west of Collier and U.S. 41.
And the one thing I would say as a clarification is we do have it
proposed that the moratorium would be at the DO level, but DOs do
include building permits. As we spoke with Commissioner
LoCastro, I think we thought it was more appropriate that it would be
the SDP level where that DO would be applicable, but also talking
with the County Attorney's Office. This isn't -- your decision here
wouldn't be to adopt the moratorium. It would be to direct the
County Attorney to bring -- to advertise and then bring back the
proposed moratorium for your consideration.
That's the backdrop of the -- of the issue and, you know, any
questions that I could help out, I'll be more than happy to address.
CHAIRMAN McDANIEL: Thank you.
Commissioner Solis.
COMMISSIONER SOLIS: I'm trying to remember -- I mean,
we have talked about this before --
CHAIRMAN McDANIEL: 2017.
COMMISSIONER SOLIS: -- in '17, and we didn't -- I thought
we did. Did we not?
CHAIRMAN McDANIEL: Can I refresh his memory?
COMMISSIONER SOLIS: Well -- and the question
was -- because I thought that there was -- there was, like, a set of
them that were in for permitting already, and there was some issue as
to whether or not, you know, they were already in process and all
that. I'm trying to remember where -- because we spent a lot of time
on this, and the study was in process at the time, right?
MR. BOSI: Yes.
September 13, 2022
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CHAIRMAN McDANIEL: Do you want to, or do you want
me to? I can give you my rendition of what transpired. Our first
meeting in 2016 for Commissioner Saunders, and I think you as well,
Donna Fiala brought forward the moratorium for this same corridor.
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: Commissioner Saunders asked her
to quantify that moratorium to specific uses and not in aggregate,
which she didn't do -- she did do. She delineated storage units --
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: -- car washes and something else.
MR. BOSI: Gas stations.
MS. PATTERSON: Gas stations.
CHAIRMAN McDANIEL: Gas stations.
COMMISSIONER SOLIS: Gas stations, right.
CHAIRMAN McDANIEL: And so -- and I expressed a
concern that day about there might be somebody along the 6-mile
swath of the most lucratively zoned land in all of Collier County that
doesn't know we're about to take away their rights. And I looked at
the County Attorney and I said, is there an opt-out or an exemption
process that's availed [sic] for people that are in this corridor that do,
in fact, have vested rights? They said yes.
Two months later, February, we came back, plus/minus, that we
came back, and their opt-out discussion had to do with a conditional
use provision to allow people, and on top of that they had exempted
PUDs out of the moratorium. So now we have a guy with a C-5
piece of property and that use is allowed and a PUD next door that's
exempted out. This guy's now put in a moratorium, and the PUD's
allowed to go forward.
COMMISSIONER SOLIS: Right. It was --
CHAIRMAN McDANIEL: And so, therefore, we stopped the
moratorium discussion, instituted the corridor study for the East
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Trail, and then -- and then moved on forward. So that's --
COMMISSIONER SOLIS: Thanks for that. Now I remember
the issue with the PUDs. I mean, is that -- we still have that issue,
though, right? Are we going to try to address that this time around?
MR. BOSI: The moratorium -- the framework of the
moratorium we're talking -- we're speaking about would not exclude
PUDs from the moratorium. They would be applicable to all within
that geographic corridor whether it be straight zoning or whether it be
PUD zoning.
COMMISSIONER SOLIS: Okay. So we've addressed that,
that issue that we had before. Am I understanding that right?
CHAIRMAN McDANIEL: Yeah.
COMMISSIONER SOLIS: Okay. And the study is how close
to being finished?
MR. BOSI: Tentatively, we would wrap up in June.
COMMISSIONER SOLIS: June, okay. And then -- so the
moratorium would be for -- until -- until what? Until we determine
whether or not we want to do something Land Development
Code-wise based upon the study, right?
MR. BOSI: Well, the overlay is the -- is the zoning action.
We've done the study.
COMMISSIONER SOLIS: We've done the study.
MR. BOSI: We are implementing and we're designing the
overlay --
COMMISSIONER SOLIS: Okay.
MR. BOSI: -- and that's the actual do, and that's what would be
adopted, and I think the moratorium, as the County Attorney would
suggest, can't last more than 12 months. So it's either 12 months or
the adoption of the U.S. 41 Corridor Overlay Study would be the
termination. And if you adopt it in -- or if you adopted the
moratorium in October, it would roughly be eight months.
September 13, 2022
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COMMISSIONER SOLIS: Okay. And I guess this is an issue
for later but -- when we get to the overlay but, I mean, so much of the
issues seem to be structurally just those little lots saying what's
between 41 and the service road behind it. I mean, I don't know how
we're going to work with that kind of a structural issue, but, we'll see,
I guess.
MR. BOSI: And we have some design ideas and the over -- the
concern of the -- or what we've heard and what we've heard over the
years is it's basically one point, is goods and services, restaurants,
give back on a regular basis to the surrounding community, the
surrounding residential uses. Storage facilities, even though they are
neighborhood serving in terms of the --
COMMISSIONER SOLIS: Yeah.
MR. BOSI: -- in terms of their need and placement, they don't
provide that daily interaction or the opportunity for goods and
service. They're more -- they're more stale, in a sense, to the
activities of the day-to-day needs of the households, and that's
what -- one of the concepts that we had back in 2019 that we had
proposed, if you wanted to move forward with a storage facility,
25 percent of that storage facility's first floor had to be dedicated to
retail or services or restaurant, so the mixing of units within the
storage facilities to provide a little bit more opportunities for them to
be neighborhood serving in a way but also be able to attend to their
storage purpose primary use.
COMMISSIONER SOLIS: Yeah. Okay. I'm just -- I'll just
throw it out there that I think one of the things that's going to be of
interest to me if -- you know, if it shows up before I'm no longer here
is, as I recall, one of the problems was what can you actually do
commercially on one of these small commercial lots, and I remember
that issue but, commercially, there were some issues. Anyway.
Okay. I get it now.
September 13, 2022
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Thanks for the -- thank you for the refresher, Mr. Chair.
CHAIRMAN McDANIEL: No problem.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: What we tried to do with this
is make improvements to it so that what failed last time or what are
concerns -- and that's why I wanted to -- you know, I wasn't here in
2016. So that, you know, if there was something that concerned you
that caused it to fail last time, now we're way further down the road.
And, trust me, that stretch of U.S. 41, in my opinion, doesn't look
exponentially better. When it failed, then a lot of things popped in
there along that stretch that maybe could have been more cohesive or
could have had more direction.
But some of the things that we've done with this temporary
moratorium is developers can still apply for permits and go through
the process and -- you know, it doesn't stall that, but then they would
have to wait until we get the East Naples, you know, rezoning
overlay direction before they could actually put a shovel in the
ground. And if that overlay gave us very specific direction that
changed their design or their location or what have you, then great.
Then the benefit of this, you know, multiyear study has -- it bore
fruit, and that's, you know, what we're trying to do.
The overlay might also direct that storage units aren't horrible,
but they maybe should be in very different locations. And so I'm not
trying to guess what the study is going to do, but I think we're going
to get so much direction and education out of this study that I would
like to make sure, then, that we can utilize it for future development
and not, like I said, have a bunch of things sort of sneak under the
door.
The issue that Mike said, one of the recommendations could be
more of a mixed-use type or whatever. Maybe it's that. I don't
disagree with Commissioner Solis that I'd like to see what that looks
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like. I don't think I want to eat at a five-star restaurant that has a
storage unit attached to it.
But the whole, you know, catalyst here is that this is something
that's been in discussion for many years. It failed last time. I'm
really looking for your support to approve it this time. I have not
gotten pushback from really anyone. I mean, a few storage units that
are in play right now and that are already past the point of no return
were concerned, and that's why -- one of the reasons why I was doing
that NBC interview was to separate rumor from fact. We're not
putting a halt on things that are halfway built or about to happen.
But between now and June or maybe even sooner, not making
some mistakes or things that could have been built better based on the
guidance of this overlay, that's what, I think, we want to take
advantage of.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: So when we have a zoning in
progress, that does not preclude the approval of different projects like
zoning in progress. It's very clear that storage facilities are a no-no
for the East Naples Civic Association. That doesn't preclude them
from coming in and getting an approval for it on an administrative
level?
MR. KLATZKOW: What it does is that anybody who's already
in the process will continue to go through the process, but staff will
not take any more applications for this particular use until the issue of
the moratorium is resolved.
COMMISSIONER TAYLOR: But if we didn't have a
moratorium, if it was just --
MR. KLATZKOW: If you did not have a moratorium, it's
business as usual, yes.
COMMISSIONER TAYLOR: Business as usual. Okay.
That's what I needed to know.
September 13, 2022
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The storage units are perfect for that length of the time -- that
length of road because they don't require the parking that businesses
that would be a much better fit for the neighborhood would, and that's
one of the big challenges is the lack of parking. But I would support
this moratorium. Can I make a motion to that effect?
COMMISSIONER LoCASTRO: Well, I mean, I'd like to make
the motion that you support this moratorium, and I'd appreciate your
second.
COMMISSIONER TAYLOR: I am going to second it.
CHAIRMAN McDANIEL: It's been moved and seconded that
the moratorium go forward. For purposes of discussion, I am now
going to speak.
I'm not in support of this. These are not green spaces that all of
a sudden something pops up on. These are real property rights that
we're taking away from people that own land in the most lucratively
zoned corridor in Collier County on U.S. 41. These lands were
zoned for this use.
My intent when I suggested to Commissioner Fiala that we
initiate the corridor study was to educate the people who live in this
particular area that drive by that bunch of trees, that it's not ever [sic]
going to be trees. There's going to be something else there.
Now, design standards, side-yard setbacks, landscaping, those
are all things that I can sit still for. But taking real property rights
away, even on a delay of this theoretical temporary moratorium,
innocent theoretical. It can only be held for 12 months unless it's
extended by this board again for another 12 months.
And if the corridor study that I proposed we do in 2017 five
years later is not done, we ought to be bringing back the people that
were in charge of that, and they need to go, let alone taking away the
rights of the people on the East Trail of 41.
There's nothing being snuck underneath the door, sir, in all
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sincerity. You've said that twice, and I made a note of it. These are
zoned properties. These are allowed uses. Nothing's being snuck
underneath the door. There is a -- I can't say the Latin term. What's
it's called, caveat emptor.
COMMISSIONER TAYLOR: Caveat emptor.
CHAIRMAN McDANIEL: And that's the buyer beware. If
you buy a house down one of these streets and you're driving past a
vacant -- we had a similar circumstance on Beck and 951 at Forest
Glen off the sixth hole when that nine acres that got included in the
innovation zone; it's coming forward now. And we had a similar
circumstance there. Those folks all wanted that to stay trees, and
then we shared with them that it wasn't going to stay trees, and it's
now going to be something else. And the developer's come forward
and worked with the community, and I think they've came to an
amicable agreement.
There is a horse. The horse is the GMP, the Growth
Management Plan. The horse is the Land Development Code which
establishes those zoning -- the zoning rights that are currently existent
by the people that are out there. The study should, would, could
have educated the populous and the folks that live in this area as to
what's, in fact, there, draw in opinions on design standards and colors
and side-yard setbacks and so ons and so forth, but it didn't do that.
And now I think taking away these rights for these property owners is
a terrible idea, just terrible.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN McDANIEL: There's a taking that's transpiring
here. So I can't support it, won't support it. How many votes does
it have to have?
COMMISSIONER LoCASTRO: Three.
Here -- but I've hit my light. Let me respond to that. First off,
we have -- it's not 2016 anymore, okay. So we have to be smart
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enough on this panel here to be able to look at something, and as
things change and modernize and develop, to be able to ebb and flow.
Unless you have a short memory, there was a piece of property over
at Lely that's been zoned commercial for -- since the beginning of
time. We all just voted unanimously to rezone it because it made
more sense.
There wasn't a Skillet's shopping center across the street from it.
There wasn't a Starbucks and a Publix and a Hobby Lobby and an
Outback, but now there is. And so we were astute enough to say,
you know, that was zoned for a reason for commercial, but our job's
also to be smart enough to take a look at something.
So in 2016, maybe you drove down U.S. 41 and you saw one or
two storage units, and maybe it wasn't a big deal. A lot has changed
since then. So I don't -- I understand zoning, and I disagree we're
taking away anything. I think what we're trying to do is figure out
how to control the bleeding. Can't undo history. But I think this
East Naples rezoning overlay is going to give us a lot of information,
and I'd hate -- I would hate to be looking over my shoulder at things
that did sneak under the door between now and June and say, wow,
imagine if we would have passed a moratorium. Those five things
that got built would have been -- would have looked nicer, would
have been different, might have been mixed use, might have been
disapproved, might have been put somewhere else, might have been
approved as-is.
So I don't think the number-one goal of the moratorium is to
take anything away. It's to improve the aesthetics of my district and
all of the citizens who have voiced so many concerns. And even
previously years ago when this came up -- and that's why we tried to
come up with a moratorium that was maybe less restrictive and a
little bit more temporary.
And like -- and like I say, a lot has changed since 2016. So I
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think, you know, we change things all the time. We take a look at
how we can better our community and, you know, reclassify zonage
and approvals and ordinances, and that's what we do up here. And
so I think we've got to look at current history and take a look at that
stretch. And, you know, being the commissioner of that district, I
think that's one of the least nicest looking stretches in District 1.
And, you know, I take exception to say -- to tell my constituents,
you know, you get what you pay for. So if you move into that
stretch of District 1, you know, and you're surrounded by
warehouses, you know, too damn bad; that's what the ordinance says
and that's what the rules say. So, you know, do your homework and
move somewhere else.
I think we can do better. And so I'm asking for your support for
a temporary moratorium so we can take advantage of this
multi-hundred-thousand-dollar study that's been in play forever that
has benefited us with nothing and utilize it when it comes to us early
next year and see if it does direct some changes, some improvements
in how we shape, you know, that part of District 1.
CHAIRMAN McDANIEL: Just as a proviso -- and my
memory's not that bad. I just reread 9A, and we still allow for C-3
zoning or residential use. We didn't rezone anything. We just
added a use that this developer has a right to do. Don't fluff it off,
because you're using that as comparison.
COMMISSIONER LoCASTRO: Okay. Have we ever
rezoned anything here from commercial to residential just black and
white? Have you ever done that?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER LoCASTRO: Okay. So that's my point,
and so we made some changes.
CHAIRMAN McDANIEL: That wasn't what we did this
morning.
September 13, 2022
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COMMISSIONER LoCASTRO: Okay. But we made some
changes to a piece of property this morning or we --
CHAIRMAN McDANIEL: We allowed for an additional use
to be considered on a piece of property that we all thought it was
better.
COMMISSIONER LoCASTRO: Yeah. But you were almost
falling on your sword saying we have ordinances, things are zoned a
certain way, it should stay that way to the end of time, and if people
don't like it, then don't move there. You know, tough bananas.
CHAIRMAN McDANIEL: That isn't at all what I said. I
wasn't falling on a sword.
COMMISSIONER LoCASTRO: That's what it sounded like.
CHAIRMAN McDANIEL: What I do is I carry and hold real
property rights sacred and you, nor anything else, is going to take
them away from the people that have that underlying right without
paying due compensation, period.
(Simultaneous crosstalk.)
COMMISSIONER LoCASTRO: I'm doing none of those
things. And if you were in this district, you might be better educated
as to what's going on in District 1.
CHAIRMAN McDANIEL: Well, I might be.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Boy, it's really painful for
me to say I think I agree with Commissioner McDaniel, but I agree
with Commissioner McDaniel. I don't think it's appropriate for us to
be involved in trying -- in trying to change market forces. The free
market works pretty well. And if a property owner has a right right
now to do this type of a storage facility and the market demand is
there, then that's the right location as far as the property owner's
concerned. I don't think it's up to us to simply say, well, we're going
to change that. So I'm going -- I'm going to vote against the motion.
September 13, 2022
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COMMISSIONER LoCASTRO: Well, if I have a chance to at
least rebut a little bit.
CHAIRMAN McDANIEL: You do. I'm calling on you now.
COMMISSIONER LoCASTRO: Okay. We're not saying
we're changing that. What we're basically saying is we're taking a
pause and trying to take a multi-hundred-thousand-dollar
taxpayer-funded study that has dragged its feet for years and be
able --
CHAIRMAN McDANIEL: Five.
COMMISSIONER LoCASTRO: -- five, which to me is
excessive. I think people should be fired already over that. But
we've accelerated it, and we've put the accelerator down, and we want
to be able to then utilize the benefit of that study for a much more
cohesive and better plan down that U.S. 41 corridor.
So if somebody's got a burning itch to build a storage unit and
they can't wait eight or nine months to do it, then, you know, that
surprises me. And I would just say, if this was your district, I think
you might feel differently driving down that stretch of road and from
the citizens you would hear from. So there was a reason why I think
this was offered. I think we've made it a little softer, a lot more
temporary. And I understand what you're saying. I guess I just
agree with it -- or disagree with it aggressively.
CHAIRMAN McDANIEL: And vice versa. Again, my
opinion is my opinion, and I'm certainly entitled to that. And I
understand why you're bringing this forward. I have had the same
phone call -- not all of the same phone calls, but the same information
provided to me over the years as well. And I just -- I don't concur
with the thought.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Just kind of an analogy here.
In my district, in Golden Gate City, there's a zoning district along
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Golden Gate Parkway. Both sides of Golden Gate Parkway are
commercial. I got staff, and we worked on a land use -- a change to
the zoning there, but we did it as an overlay.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: We didn't change anything
that the current property owners had in terms of what they could do
with their property, but we developed an overlay so that they could
go to a different type of zoning if they chose to. And I think that
that's probably -- I'm not sure that that approach would work in East
Naples, but I'm just letting you know that my view is we tried to give
property owners the other opportunities, the choices to make, and
that's what we did in Golden Gate City.
CHAIRMAN McDANIEL: And that was one of the reasons
why I supported the overlay that we put through in Golden Gate City,
because it allowed for the underlying uses that were existent to
remain. I expressed a concern about the overlay because some of
those use changes that are by right now on those commercial
properties, I remember talking -- Anita Jenkins was the planner that
worked on that. And I talked to her, and I was like, do the people
that live behind the K-Mart on the Golden Gate Parkway know that
there could be a 6-story building looking down at them and their pool
behind?
COMMISSIONER SAUNDERS: No, there can't be.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: No, there can't be.
CHAIRMAN McDANIEL: Well, six stories, you're correct.
There's height restrictions there, but there was a concern --
COMMISSIONER SAUNDERS: I'll go back to the old
statement that "words matter." When you tell somebody that you
can do a 6-story building behind the K-Mart there, I'm going to start
getting phone calls from people who don't want a 6-story building.
September 13, 2022
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CHAIRMAN McDANIEL: Yeah. Sorry about that. I retract
that statement. Forgive me.
I had concerns about the by-right aspect of the overlay, but it
was, I felt, a far better path for us to manage the inevitable use
changes that could, in fact, occur, and it was done in a public format,
so -- not by a moratorium.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I'm 100 percent for property
rights and for people who own land to be able to do with it what they
want but also, too, we have to monitor what's happening in that
community. And between 2016 and now, a lot of things have
changed on this stretch that I think could have been better managed.
That's what we're just trying to get our arms around. So this isn't
about taking away somebody's rights, but it's about us, you know,
taking a breath and a pause and being able, then, to get the results of
a study that might give us different direction and different input and
not, you know, allowing something to be built maybe less
appropriately than what this important study is going to tell us.
And so I -- and that's why it's a temporary moratorium. And,
you know, I just think that, you know, you've got to be able to have
both eyes open and see what's happening in your community, and if
you see something's happening in a negative way, you've got to speak
up and not just say, well, you know, tough noogies, that's just how it
goes. If you don't want to live next to a storage unit, then you know
that when you buy your house.
The constituents I represent, I would never tell them that. And
I just think we can make improvements to how we approve, whether
it's storage units or other construction, you know, permit applications,
and especially in this stretch so that it looks as nice and as cohesive
as a lot of other parts of Collier County.
And at some point, I think we've got to raise our hand and take
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responsibility for trying to make our community look as good as it
can and not just fall back on, well, that's what the ordinance says.
That's what allows. We should be able to have the leverage and the
foresight to be able to make improvements as we see things develop.
And if anybody thinks the stretch of U.S. 41 looks better
today -- yeah, it does in pieces. But overall I would say it's less
cohesive today than it was in 2016. If we're okay with that and we
just say, let the construction fall where it may, well, that's why we
want the East Naples rezoning overlay results so we could be better
educated on how we can utilize what's left of the green space.
And maybe the reason why, Commissioner, you know, Taylor
supports it is because maybe we're closer to it. You know, our
districts overlap, and, you know, we see the results of driving back
and forth on that stretch. And I just think we can do better, and I
think this is a start, to at least take a pause.
COMMISSIONER TAYLOR: I'm honoring the requests of the
people, including former Commissioner Fiala, who listened to the
neighbors just pleading, look, how are we going to -- how are we
going to get what we want here? So it's a dream. It's a long time
coming. It's no one's fault, staff's fault. We did have a two-year
interruption almost with this process.
And now the real estate market's booming. And we know we
have something right here in front of us about appealing a Hearing
Examiner's permission.
So I'd just like to see -- but there's no other way to do it besides
have a moratorium. There's no other way. I mean, there's no other
way.
MR. KLATZKOW: If what you want to do is stop new
applications for storage units, then your tool is a moratorium.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER LoCASTRO: But I do want to say, it wasn't
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a matter of stopping. It's a matter of just taking a pause.
So we're not trying to do something permanent here. We're
trying to get the benefits of a five-year study to come to us first
before we allow continued construction to happen. And I think even
just this discussion, if this moratorium fails and I was somebody that
was brainstorming a storage unit, I would rush those permit
applications as quickly as possible to the county before somebody has
a better idea to try to do this again or in some other form. And that's
where I wanted to just have much more responsibility, you know, and
oversight and control, and, most importantly, the benefit of this
five-year plan to come to us and see what it tells us we could to do
make that stretch look better.
So it's not a matter of, you know, permanently stopping. And I
know that's what you weren't saying [sic], but I'd like to use better
terminology that just says, taking a pause until we have the benefit of
this study. And I'm flabbergasted that that's not something
that -- that seems to be accessible or even embraced by this
commission as a whole.
COMMISSIONER TAYLOR: So we have the swing vote, so
why don't we vote.
CHAIRMAN McDANIEL: I was just going to say, we're done.
You and I are --
COMMISSIONER TAYLOR: We have a swing vote there.
He's sitting at the end, and he's not giving me any face or indication
of how he's going to vote, so I think we should vote.
CHAIRMAN McDANIEL: So it's been moved and seconded
that the moratorium go forward. And I think if we're discussing this,
we're going to bring it back for a review and reread before it's
implemented?
MR. KLATZKOW: Yeah. However your packet has the
proposed ordinance, I would --
September 13, 2022
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CHAIRMAN McDANIEL: As a draft.
MR. KLATZKOW: I will be bringing forward that proposed
ordinance at the next meeting.
COMMISSIONER LoCASTRO: Yeah. And that was sort of
the other thing, too, here is to get your support to be able to bring
back a draft that could be looked at, and that's why I wanted to see if
there was nuances of a moratorium that maybe failed years ago under
previous leadership that could be added or changed now and
especially, too, with how things have progressed. Now you see how
the county -- or how that piece of the county has changed -- to get
your support to bring a moratorium forward. You can kill it then if
you want, but I just think prematurely killing it now, it would be
shocking, you know, to me.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. I'll support the
motion to bring it back, but --
COMMISSIONER TAYLOR: There we go.
COMMISSIONER SAUNDERS: -- it's unlikely I'll vote to
support the ordinance. But I'll go that far as to take a look at it.
COMMISSIONER LoCASTRO: Would there be verbiage that
you could educate us on now that you would like to see in there or
that you heard years ago that was --
COMMISSIONER SAUNDERS: I'll just wait to see what
comes back. I could make some comments on an ordinance that's in
front of me.
COMMISSIONER LoCASTRO: Yes, sir.
COMMISSIONER SAUNDERS: So I'll support the motion to
direct staff to draft some ordinance and come back, but I don't want
that to be an indication that I'm going to --
COMMISSIONER LoCASTRO: Absolutely --
COMMISSIONER SAUNDERS: -- vote for it.
September 13, 2022
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COMMISSIONER LoCASTRO: -- no. That's all we're
looking for.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Well, I was going to say the same
thing, that if this is to bring back an ordinance to consider, I would
support it, although, you know, I think there are -- I have to agree
with Commissioner McDaniel. I think we had this discussion a few
years ago. And I think the biggest thing we can do is bring forward
the overlay sooner rather than later.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SOLIS: I mean, that's --
CHAIRMAN McDANIEL: Absolutely.
COMMISSIONER SOLIS: -- that's the key. I don't know that
I can support a moratorium, but it's worth discussing. If there's
something that makes it -- you know, because, ultimately, what we're
saying is we are going to -- we are going to do away with one use. I
mean, we might as well just say that now.
COMMISSIONER TAYLOR: Can we bifurcate that? Can we
bifurcate the overlay and say let's just -- let's bring forward the
overlay regarding -- specifically regarding the storage units and have
it up here for a vote? Can we do that?
MR. KLATZKOW: There's going to come a time where
Mr. Bosi brings forward the proposed amendments, and at that point
in time you can do pretty much whatever you want to do.
COMMISSIONER TAYLOR: But what if we fast forward the
question about these storage units?
MR. BOSI: We have two additional public meetings that we're
to go talk to the community about for them to review the design
improvements that are being suggested as part of the already accepted
East Naples Development Plan. And, remember, we talk
about -- this isn't one plan. It was a plan in 2017 and '18, and we
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ended up in 2019 they didn't adopt a moratorium. And then
you -- and then the county hired Tindale Oliver to do the East Naples
Community Development Plan. That plan was accepted. That plan
suggested a zoning overlay. We are in the processes of
implementing that zoning overlay. So this is the third part of a
six- and seven-year study that is not one study; it's two separate
studies and one overlay.
We can -- I mean, what you're suggesting is to abbreviate and
just bring back restrictions related to --
COMMISSIONER TAYLOR: Accelerate. Not abbreviate.
Not abbreviate --
MR. BOSI: Well, the public process that we've advertised was
that in October and December were going to be public meetings, and
what you're trying -- we would, what, condense that? Is that what
you want to --
COMMISSIONER TAYLOR: I am asking to bifurcate the
issue of the storage units from the rest of the overlay. Proceeding on
the schedule as publicized for the overlay, but accelerating the
question about the storage units, understanding that next year
sometime they can all be put together. But, meanwhile, we have a
discussion with the overlay as the -- as the parent of this child of the
storage units. We can have that discussion and make that decision
now. Not now, but --
MR. BOSI: I guess we can. I'm not sure what --
COMMISSIONER SOLIS: I don't know what that means.
MR. BOSI: I'm not confident in the cohesiveness of what we
could bring back. But we will gather and try to adjust in a way and
simply only focus upon storage facilities.
COMMISSIONER TAYLOR: At the beginning.
CHAIRMAN McDANIEL: Well, the moratorium is proposed
for storage facilities only.
September 13, 2022
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COMMISSIONER TAYLOR: But then we would not have to
have a moratorium. We could bring back the overlay addressing
specifically the storage units and more to come at a later point.
Could we do that? Can we bifurcate or can we separate --
CHAIRMAN McDANIEL: Divide it up.
COMMISSIONER TAYLOR: -- the storage units from the rest
of the overlay and address that initially?
MR. KLATZKOW: You can direct staff to come back just on
the issue of the storage units.
COMMISSIONER LoCASTRO: But I think that --
MR. KLATZKOW: But that doesn't stop anybody from putting
up more storage units until that happens.
COMMISSIONER LoCASTRO: But the study overall isn't
broken out. I'm sure it has many chapters and it's broken out into
pieces, but it's one cohesive thing. Saying, you know, let's surgically
remove the storage piece, I think, makes the overall study less
effective. And I don't think waiting till June to get a complete study
that might have other parts and pieces -- this isn't just about putting a
spotlight on storage units. Storage units were the catalyst that
maybe pushed this thing forward.
But, you know, correct me if I'm wrong, Jamie, I think
what -- because I see Mr. French there. I think this thing sits on its
own. It's one big book that's going to come to us. But if there's a
way to surgically remove the storage unit piece -- but I think we'd
have a much more cohesive product if we got the whole thing in its
entirety. I mean, that's like saying, let's do a study on how
hurricanes, you know, affect, you know, Collier County but, you
know, we just want the piece about beaches. Well, some of the
pieces that talk about things other than beaches might sort of intersect
with how we, you know, address beaches.
You know, just getting back to this, is it in chunks? And then
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regardless of your answer, there's still some public comment pieces
that we want to make sure happen, you know, without interrupting
those.
MR. FRENCH: Thank you, Commissioner. For the record,
I'm Jamie French, your department head for Growth
Management/Community Development.
Commissioners, why don't we -- if I could make a suggestion,
why don't we get a preview to you for this. We could bring it back
the next two weeks. We can indicate what our current processes are
just as a reminder as well as where we are in the process with regards
to our consultant. As Mike said, this dates back a few years. It
started -- of course -- I know, Anita under Mr. Cohen. There's been
a lot of staff time and consultant hours in this one. So we'll bring
that up.
Now, we've also got some questions with regards to design
standards and mobility. We'd like to see where the consultant is
with that. And we do apologize for not having that off of -- just off
the hip. But this is a work in progress that does require -- or we
think it requires a little bit more community interaction, because we
do know how important this is to the community. So if it's okay
with you, we'll bring you back a report in two weeks, and then at that
point, perhaps you could give us some further guidance, if that will
work.
COMMISSIONER LoCASTRO: That's what the motion is,
that in two weeks you would bring back something with a lot more
detail in it.
MR. FRENCH: We will bring back where we are in this
process with the consultant, and if we can -- and if we can break out
where they are with just the storage facilities, we will certainly report
on that as well. But we'll bring you back all available data that we
have just in a report fashion, and if you choose to table this or want to
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have further discussion on it at that point, of course we'll work with
Mr. Klatzkow's office going forward.
But, clearly, we want to demonstrate to you we didn't think that
it was ready for, lack of a better term, prime time, but we'll bring you
back where we are as far as in progress in two weeks, if that will
work.
COMMISSIONER LoCASTRO: I guess I'd amend my motion
to say I'd like you to bring it back in two weeks and look for the
commissioners to consider, you know, based on those results, a
moratorium or not a moratorium or an accelerated East Naples, you
know, rezone overlay or something in the middle.
MR. FRENCH: And staff may be in a better position to
actually make a request of the Board at that point.
COMMISSIONER TAYLOR: And I'm happy to amend my
second to --
CHAIRMAN McDANIEL: So basically you're -- you're
basically going to continue this item for the next two weeks before
we make a decision?
COMMISSIONER LoCASTRO: I mean, you could say that, or
the motion is to approve the --
CHAIRMAN McDANIEL: No. It's either continued till next
two weeks, or you're going to make a motion to bring back a
moratorium. Because I'm not supporting a moratorium. I'll support
bringing it back in two weeks and having further discussion --
COMMISSIONER LoCASTRO: Great.
CHAIRMAN McDANIEL: -- but I'm not going to support a
moratorium.
COMMISSIONER LoCASTRO: Okay. Well, if they come
back in two weeks and part of the -- well, I don't have a crystal ball,
so I look for your support, and if your support is that you agreed to
have them come back here in two weeks -- they might come back
September 13, 2022
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here in two weeks and their recommendation is a moratorium, and at
such time you will vote no, but maybe the other commissioners will
be a little bit more open to facts.
CHAIRMAN McDANIEL: Basically, you've amended your
motion to continue this item for two weeks.
COMMISSIONER LoCASTRO: Sure.
COMMISSIONER TAYLOR: Seconder agrees.
CHAIRMAN McDANIEL: You're okay with that. Are you
okay with that?
COMMISSIONER LoCASTRO: And that's the same result, so
I'm happy.
COMMISSIONER SAUNDERS: Well, I'm trying to think of
what the future holds here. You're asking this item to be continued,
so in two weeks we're going to be talking about whether or not we're
going to advertise an ordinance.
MR. KLATZKOW: I'm going to advertise the ordinance unless
told otherwise, and you'll have it, and you can make your decision.
Understanding that people can --
CHAIRMAN McDANIEL: I don't know why you would
advertise an ordinance right now, because I'm up here hearing three
of us say we're not in support of a moratorium until we review it.
MR. KLATZKOW: I've heard different, sir.
COMMISSIONER SAUNDERS: Okay. I have no problem in
the County Attorney drafting the ordinance and advertising it and
bringing it back. I'm just saying that I may not support it when it
comes back.
COMMISSIONER LoCASTRO: Right. And he's not
advertising that there is an ordinance. It's just a proposal, correct?
MR. KLATZKOW: No, no. That's why I need direction from
you. I can advertise an ordinance, and I have to do it today for your
next meeting or not. It's the pleasure of the Board.
September 13, 2022
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COMMISSIONER SOLIS: Can I make a suggestion?
CHAIRMAN McDANIEL: Yes. Commissioner Solis, you're
lit up really being very patient down there.
COMMISSIONER SOLIS: I didn't really get a chance to
finish. I mean, I think -- I think what I'm hearing is what would be
helpful is to have at least some preview of what the recommendations
are going to be because, as I see it, if one of the recommendations is
we should just not allow storage units anymore, okay, then that's one
thing, and it -- and a moratorium, you know, puts that in a different
light. But if that's not the case -- and I think one of the problems, as
I recall -- this is coming back to me -- is the whole -- structurally out
there there's very few things that can actually commercially work on
some of those lots other than a storage unit, because there's no room
for parking. They're so narrow. Access is an issue.
I think it's just -- it's way more complicated. But I'm not
against having staff come back with some kind of preliminary, albeit,
soft summary of where it stands so that we can get a feel for it, and
then we can talk about, you know, whether the moratorium makes
any sense. But right now, I mean, yeah -- I'm not against having
more discussion, but I need more information before I would
consider it.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Commissioner Solis, please be
assured that Tindale and Oliver and the planning process from our
county are acutely aware of the limitations of what can be built along
U.S. 41. Unfortunately, the residents aren't or they don't accept it.
So there's a problem that we have in communication.
So I think to have that discussion at our next meeting would be
very helpful for everyone and for the residents to hear from us and
our reactions. Because it's clear. I've sat through these meetings
and it's, you know, we want, we want, we want, but what is reality,
September 13, 2022
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reality, reality? And I think -- I think now the rubber hits the road.
COMMISSIONER SOLIS: And I totally agree, and I -- and I
understand Commissioner LoCastro's issue. I mean, it is -- it is a
problem, but we have to understand what we can do because,
otherwise, I mean, I think we can box ourselves into a taking, and
then we end up --
CHAIRMAN McDANIEL: Getting sued.
COMMISSIONER SOLIS: -- you know, end up having to buy
a bunch of these lots for -- and we shouldn't do that. So I don't think
we should box ourselves in like that.
COMMISSIONER TAYLOR: I think when you bring it back,
it would be very helpful to say, okay, this is your typical lot. These
are the dimensions. What can be -- what can be built here based on
our current zoning? And you've got that information. I know you
do.
MR. FRENCH: Commissioner, what we'll do is we'll look at
all the -- all the past studies but also all the lots. We would only
focus on those vacant lots. Most of them are going to be in a C-3
zoning which would require rezone anyway. They would not be
available for the conditional-use process currently through the
Hearing Examiner. But we'll bring back all of those vacant lots that
exist.
COMMISSIONER TAYLOR: Thank you.
MR. FRENCH: Along the U.S. 41, in that same area,
Commissioner.
CHAIRMAN McDANIEL: Do you have a say?
COMMISSIONER LoCASTRO: To quote my esteemed
colleague, Commissioner Solis, it is a problem. So that's why we
have the East Naples Development Plan, and that's why we've turned
it into the East Naples rezoning overlay so that we can get the
benefits of hundreds of thousands of dollars worth of research to tell
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us where we can do better.
If we have a problem, our job is to find solutions, and we've got
to stop kicking the can in District 1 in East Naples. It doesn't look
better today than it did in 2016.
So I agree there is a problem. And if someone's got a better
solution, great. But it sounds like this proposal's come up several
times and failed for maybe, you know, small, big, or medium reasons.
But, you know, I'm here to tell you, I'm raising my hand because I'm
trying to find a solution in my district to manage growth better, and I
can't wait for the results of this plan. I'd like to see it in its entirety.
I'm not against waiting two weeks and feeling -- and finding out how
we chip out a piece and sort of artificially accelerate just the part
about storage units. But, you know, we'll see in 14 days what that
nets.
But I think we're not getting the full benefit of the entire study if
we do that. But, you know, we'll see what it says. But there is a
problem. It's our job to find a solution, and I'm representing the
constituents who are tired of looking at that problem and hearing the
can kick for what they perceive as formalities. I disagree.
If somebody told me there's pieces of land and the only thing
that can go on that piece of land is a storage unit, it's that or nothing,
wow. I mean, that's an engineer or developer or designer that I
wouldn't hire. There's always multiple things that can go there. If
you need parking, there's creative ways to do parking.
So somebody better not tell me in this room that a big chunk of
green space I have left in District 1 can only be storage units, I mean,
I think that's very naive. I want to -- and so that's why I'm looking
forward to this study, and I don't want to artificially see a bunch of
things force fed in my community in that once we get this study, the
study may not have supported those five, six, seven, two things that
were built between now and when the study comes, and we go, wow,
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if we had to do it all over again, boy, this study sure gave us a lot of
great information. It would have been nice to have that back in
November, December, January, February, March, April, May when a
few things were sort of, you know, squeezed in to District 1, and they
actually don't meet the requirements of what the overlay states.
MR. BOSI: Mike Bosi, Planning and Zoning Director.
And just to reiterate, the study's done. The East Naples
Community Development Study has been accepted. What we are
designing is the implementation, the design standards, the mobility
standards, the residential standards that will create the overlay.
So what I can do is send out the adopted East Naples
Development Plan as a precursor to the executive summary we're
going to put together that will be the high-level overlay key pieces
that the Board could review, and then I make a better evaluation as to
how you guys would like to move forward.
COMMISSIONER LoCASTRO: It sounds great.
CHAIRMAN McDANIEL: So are we continuing it, or are we
voting on a moratorium?
COMMISSIONER LoCASTRO: We'll continue it.
CHAIRMAN McDANIEL: Continue it for two weeks?
COMMISSIONER LoCASTRO: Yes.
CHAIRMAN McDANIEL: It's been moved and seconded we
continue this item for two weeks.
MR. KLATZKOW: Do you want me to advertise an ordinance
or not?
CHAIRMAN McDANIEL: No.
COMMISSIONER LoCASTRO: No.
MR. KLATZKOW: Okay.
CHAIRMAN McDANIEL: It's been moved and seconded we
continue the item for two weeks. Any other discussion?
(No response.)
September 13, 2022
Page 136
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
All right.
Item #10B
RESOLUTION 2022-141; A RESOLUTION AUTHORIZING
THE FORMATION OF A “FRIENDS OF THE COLLIER
COUNTY VETERAN’S NURSING HOME” FOR THE PURPOSE
OF SOLICITING AND RECEIVING FUNDING FOR
DEVELOPING ANCILLARY SERVICES GENERALLY NOT
PROVIDED WITHIN A STATE OPERATED FACILITY AT THE
FUTURE COLLIER COUNTY VETERAN’S NURSING HOME -
MOTION BY COMMISSIONER SAUNDERS TO APPROVE;
SECONDED BY COMMISSIONER LOCASTRO – ADOPTED
MS. PATTERSON: Item 10B is an add-on item. It's a
recommendation to approve a resolution authorizing the formation of
a friends of the Collier County veterans nursing home for the purpose
of soliciting and receiving funding for developing ancillary services
generally not provided within a state-operated facility at the future
Collier County veterans nursing home. This is being brought
forward at Commissioner Saunders' request.
CHAIRMAN McDANIEL: Commissioner Saunders.
September 13, 2022
Page 137
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I had received a phone call from a veterans group that was
interested in helping to bring awareness and more visibility to the fact
that Collier County may very well be the home of the next veterans
nursing home and also to help raise money for the possible provision
of services in that nursing home that you generally wouldn't find in a
nursing home.
So, for example, if we were able to develop some funding to
have a second floor on a portion of the building where you don't have
the residents living but you have the ability to provide veteran
services, daytime services for veterans in the community that might
want to go to some type of a facility like that. So it seemed to me to
be a really good way to bring awareness to the community about the
project, to continue to show community support for the project, and
potentially raise money for some programs that could be provided in
that.
I met with the Clerk of Courts, and anything that we do in terms
of raising money would be dealt with directly through the Clerk's
Office. We're not trying to create any new 401 -- 501C corporations.
We're not trying to develop anything that would be out of the total
view of the public. And so Ms. Kinzel has been very kind to assist
us in developing the resolution.
CHAIRMAN McDANIEL: How come she's shaking her head
no back there?
COMMISSIONER SAUNDERS: I think she's shaking her
head yes.
So, again, this would just be a typical type of a friends
organization. We have many of those here in the county, but this
one would be geared towards bringing awareness and raising funds
for the veterans nursing home.
CHAIRMAN McDANIEL: Motion?
September 13, 2022
Page 138
COMMISSIONER SAUNDERS: That would be a motion.
CHAIRMAN McDANIEL: Second.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: Third.
COMMISSIONER LoCASTRO: Wait. Based on your lack of
support on my previous motion, I've got a lot of questions about this
one, especially as a veteran. No. I'm just kidding. I think it's a
great idea. Just trying to switch, you know, the mojo up here a little
bit. Yeah, just trying --
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we approve the walk-on item as presented by
Commissioner Saunders. I really think it's a wonderful idea. It's
going to do nothing but support that nursing home all the way across
the board. So 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 SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: Thank you.
Item #10C
DIRECT STAFF TO AMEND THE LDC AND
ADMINISTRATIVE CODE TO REQUIRE MAILED NOTICE TO
ABUTTING RESIDENTIAL PROPERTY OWNERS WHEN A
September 13, 2022
Page 139
PETITION FOR SITE DEVELOPMENT PLAN OR SITE
EVELOPMENT PLAN AMENDMENT IS FILED FOR
COMMERCIAL PROPERTY - MOTION BY COMMISSIONER
TAYLOR FOR STAFF TO COME BACK WITH OPTIONS AT
THE SEPTEMBER 27, 2022, BCC MEETING; SECONDED BY
COMMISSIONER SAUNDERS – APPROVED
MS. PATTERSON: Item 10C is a recommendation to direct
staff to amend the LDC, the Land Development Code, and
Administrative Code to require mailed notice to abutting residential
property owners when a petition for Site Development Plan or Site
Development Plan amendment is filed for commercial property.
This item was placed on the agenda by Commissioner Taylor and
moved from the consent agenda to the regular agenda by
Commissioner McDaniel and Commissioner Solis' separate requests.
COMMISSIONER TAYLOR: And so, please, let me state
right from the beginning, this is not to circumvent the administrative
control of these issues nor is it to circumvent our decision making on
this body.
This is purely to notice neighbors who are abutting or next to a
vacant piece of land or even current commercial land, when the issue
is handled administratively, that they are noticed. They are noticed
when it's brought to us. But now it's a request that they be noticed
when there's an administrative decision making, which is completely
appropriate, according to our code.
So it's simply to give them an opportunity to weigh in early, not
to come and scream and say, how can you do this, but to say, you
know, you've got lights on that building. That building is four
stories, and, you know, it used to be one story. What can you do
about that? It gives them more of an opportunity to interface with
September 13, 2022
Page 140
the developer. Simple.
I see a dark face over there at the end.
CHAIRMAN McDANIEL: Yeah, and in the middle.
COMMISSIONER SOLIS: Yeah. Mr. Chair, you know, I
think a notice is one thing, but I think what you're saying is another,
because if it's an administrative process, a landowner would file their
SDP amendment, and that's handled administratively. There's an
appeal procedure, but that's an appeal. There's no public hearings
related to an SDP amendment.
COMMISSIONER TAYLOR: Correct. But in the case, for
instance -- and Mr. French was intimately close with this. And I
speak from personal experience -- with the folks in the Pelican
Isles -- Isles of Collier, they had a -- they have a Hampton Inn going
next door to them, and they found out about it, unfortunately, late in
the game. And what happened is and we -- Mr. French facilitated a
meeting with the developer, but the developer, obviously, felt they
were too far down the road to even modify where the garbage was
going to be picked up on the property right next to the backyard of
people with pools. And, you know, it became, look, we're so far
down the road, we can't do this.
Now, what would happen if they had had a notice earlier that
this was going on? Then at least these residents would have reached
out earlier to Mr. French. He would have arranged a meeting, and
they could have -- you know, the developers still may say, no, we're
not going to do it, but at least there would -- they would have felt
more part of the process. And as we are growing, as these infill
properties increase, increase because the space is getting smaller and
smaller, I think it's critical for quality-of-life issues to allow the
neighbors to be noticed.
So I'm waiting for a yes or a no.
CHAIRMAN McDANIEL: I've already expressed my
September 13, 2022
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discontent with it.
COMMISSIONER TAYLOR: You don't want to?
CHAIRMAN McDANIEL: No, I don't think it -- no. We have
laws. We have codes. We have -- we have restrictions and rules as
to how we conduct our business and what people are allowed and not
allowed to do. And I think it's a burden already. It's an additional
burden on the property owners with the rights that they already, in
fact, have, and I don't think that it's requisite for us to be imposing
another notice process.
I can certainly see your contention, because I remember the
people that had the hotel pop up over there, and I think there were
some amendments that were made once the community actually
realized what was, in fact, going on. Maybe not as many as could
have been in a process, but --
COMMISSIONER TAYLOR: It was by default.
CHAIRMAN McDANIEL: Well -- and I have -- I have no
interest in supporting this. We already have a set of rules and
regulations that are in place --
COMMISSIONER SOLIS: Do you have any speakers?
CHAIRMAN McDANIEL: -- for folks.
Do we have any speakers on this? No.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. You know, I think it's
our job as commissioners to inform our constituents of things that are
popping up, you know, in the district. I just think this -- this is
above and beyond. I mean, it would be maybe a nice convenience,
but I'm trying to decide if it's a requirement.
You know, Mr. Bosi and Mr. French know that, you
know -- because I see things pop up in District 1 that haven't come to
commissioners for a vote and I think before Commissioner Taylor or
somebody was saying, sometimes citizens really don't understand the
September 13, 2022
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process. Everything you see built isn't approved by commissioners.
A lot of things that fit the footprint, they're not asking for variances.
That's why I have an AutoZone popping up at the corner of Collier
and 41, and it's nothing that anybody voted on here, because they
didn't need to.
But I think, you know, we have to be the eyes and ears of our
district, and if we know something is coming, you know, you have to
have a close relationship with county staff so you know who's
applying for what permits. And if you think it's going to be
something controversial and if there's a community that butts up
against it, I mean, that's why we all have town hall meetings, that's
why we all try to converse with our constituents. I think there's
things in place to let citizens know what's coming and --
COMMISSIONER TAYLOR: But there isn't.
CHAIRMAN McDANIEL: There is. Excuse me.
Commissioner Saunders is lit up.
COMMISSIONER SAUNDERS: Thank you.
Maybe there's a -- I don't think that this is necessarily a bad idea,
and maybe we can massage this a little bit. I have a question for
staff.
In terms of the number of site plan applications and the number
of applications for site plan amendments, in a typical year -- now, this
has been, perhaps, a different year or two. But typically, how many
of those would you expect to have? I'm going to guess it's a big
number.
COMMISSIONER LoCASTRO: A real big number.
COMMISSIONER SAUNDERS: There are site plan
applications and amendments to site plans.
MR. FRENCH: Thank you, Commissioner. For the record,
again, Jamie French.
A good range would probably be somewhere around 450 to 600
September 13, 2022
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per year.
COMMISSIONER SAUNDERS: That's a little less than what I
would have guessed.
COMMISSIONER LoCASTRO: Yeah, I would have thought
bigger than that.
COMMISSIONER SAUNDERS: But maybe there's a way to
deal with this that if you have a piece of property and it's subject to a
site plan administrative approval, or subject to an amendment to a site
plan administrative approval, that it be posted on the property so that
everybody in the neighborhood will know what's going on on that
property. Is that something that would make any sense at all? I
mean, we post for zoning changes. So posting would not be an
unusual thing to do, but would it make any sense there?
MR. FRENCH: That would require an LDC change. It's
currently not -- there's no requirement for them to do that. Now, we
do provide each one of your offices, with your aides, all of the
projects that are going on, all the commercial activity that goes on in
your district as well as countywide. Diane Lynch -- it used to be
Mike Levy within our shop that did that, and Diane transitioned into
that role. But that's published typically -- if not on a monthly, on a
quarterly basis at the latest.
All of that information by parcel ID or project name it also
available online to anyone through our CityView portal, but there is
no requirement in the LDC that requires them to post, like, a building
permit. They don't have a job site board.
COMMISSIONER SAUNDERS: Well, let me ask the County
Attorney, because I don't want to get into a situation where we may
have a disagreement on staff. But, Mr. Klatzkow, is that correct that
if we simply wanted to require some notice provision, that it would
require an LDC amendment?
MR. KLATZKOW: This goes back to the zoning in progress
September 13, 2022
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with a moratorium. If you want to direct staff to do this and then we
bring back the ordinance, we can do it that way. So they would
start -- they would start posting the notices immediately, and then in a
meeting or two, we could bring back the ordinance that would
implement it.
COMMISSIONER SAUNDERS: Well, Commissioner Taylor,
maybe as a middle ground here, maybe we would require some
posting of that.
COMMISSIONER TAYLOR: That requires responsibility that
the neighbors need to take, and I'm very comfortable with that. If
they are concerned about what's going on next door to them, and they
see something posted, then they read. If they don't, they don't. But
I like that a lot.
COMMISSIONER SAUNDERS: Maybe you could bring
something back that would tell us how we could do that.
MR. KLATZKOW: Well, we'll bring back the LDC change,
but what I'm saying is that it would start today, and then when the
LDC change came, you make a decision.
COMMISSIONER SAUNDERS: Well, let's see if anyone on
the Board wants to start that from the right-hand side of the Board.
CHAIRMAN McDANIEL: Well, there hasn't been a motion
made at all. She's down there -- Commissioner Taylor's down there
counting noses, so are you going to make a motion?
COMMISSIONER TAYLOR: Oh, I'll make a motion, but I
wanted to hear what --
CHAIRMAN McDANIEL: Well, we've already --
COMMISSIONER TAYLOR: -- the thought -- the concept of
rather than having folks individually noticed, there would be posting
on the property itself.
MR. KLATZKOW: Now, you're going to need four votes. So
if there's not four votes up here for it, I don't know that you proceed.
September 13, 2022
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COMMISSIONER TAYLOR: Yep.
CHAIRMAN McDANIEL: Correct. And so --
COMMISSIONER LoCASTRO: Is the motion to do it, or the
motion's to bring back an idea of how it could be done?
COMMISSIONER SAUNDERS: I think the -- Commissioner
Taylor, I think if there was a motion, I think the appropriate thing
would be for -- at our next meeting for staff to come back and
indicate whether or not we could do that. If it requires an LDC
amendment, we can direct staff at that point in time to do the
amendment and make it effective in two weeks. But I think it would
give everybody an opportunity to opine as to how that would work.
So that's what I would suggest. I would support a motion to ask
staff to come back at our next meeting to determine whether or not
it's feasible to require posting on property when there's a Site
Development Plan or a Site Development Plan amendment that
requires administrative approval. If we -- at that next meeting, if we
decide to move forward with it, we could direct staff to do the LDC
amendment, but it would become effective once we made that
determination. I would support that motion.
COMMISSIONER TAYLOR: If you're making that motion,
sir, I'll second it.
COMMISSIONER SAUNDERS: No, I'll let you make the
motion.
COMMISSIONER TAYLOR: I'll make that motion. For staff
to come back.
COMMISSIONER SAUNDERS: I'll second it, and we'll see if
there's support to --
COMMISSIONER TAYLOR: Feasibility of this.
COMMISSIONER SAUNDERS: So we're not imposing this as
a requirement now. We're going to investigate it.
CHAIRMAN McDANIEL: I understand. Personally, I don't
September 13, 2022
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support this either. I would rather -- Commissioner LoCastro -- and
as hard as it is for you to agree with me, I'm now going to agree with
Commissioner LoCastro. I like --
COMMISSIONER LoCASTRO: Terri, did you get that?
Please, put it all in caps.
CHAIRMAN McDANIEL: Write that down.
I would rather take on the burden myself. I would rather have
better edification from you, Mr. Bosi, Mr. French, with regard to
what's going on in my neighborhood so that I can notify the people of
what's, in fact, coming up when an administrative adjustment comes
down the line. I would rather take that responsibility myself than try
to put the onus on a developer and/or on a neighbor that's driving by
at 50 miles an hour on a sign and/or, again, additional expense. I
would rather -- I would rather us -- I would rather take that
responsibility myself.
And it's not that hard. I mean, you folks know when someone
comes in for an application for a building permit or an SDP
amendment that can be administratively taken care of, click, that's in
District 5, McDaniel needs to do. I would rather do it that way,
personally.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I don't think a -- I think it
will be rare that I ever vote against bringing something back because
I want to be open to your expertise, and you might say something in
two weeks where I'm like, wow, I hated that idea, but I'm glad I didn't
shoot it down, you know. And bringing something back costs us
nothing.
I'll kind of echo what Commissioner McDaniel said on my
motion previously about the moratorium: I think I'm going to hate
it, but I would vote to support to bring it back. And one of the
reasons why, I'm a big opponent of sign pollution, and if you're
September 13, 2022
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telling me 400, 500, 600, 7- -- and also the manpower needed to put
up signs, whether it's the developer or not, just the requirement to do
it.
So these are some of the things -- and the reason I'm voicing
them now is because I'd like to see those addressed in two weeks.
Like, could it be done? Oh, we can do anything. But a lot of times
you see signs up for hearings, and I have to send you guys an email
and say, the hearing was over four months ago. Can somebody talk
to the developer and take it down.
And regardless of whose responsibility it is, it's still sign
pollution. It's still people driving by that sign for three months, and
it should be down. This would be a much more fluid, a much bigger
requirement for signs going up, signs going down, signs going up.
But I don't think I'd ever vote against our staff coming back and
educating us on how something could be done.
So I support the motion, but I think unless I hear something
amazingly magical, similar to, you know, Commissioner McDaniel
says at times, I don't want to show my hand. But I only say that so
that you take those things into consideration and prove that in two
weeks you could present something to us that is doable, smart, and
supported, you know, by the majority of us.
MR. FRENCH: Thank you, Commissioner. Again, for the
record, Jamie French.
Perhaps we could just bring back some suggestions to include
some online options, and that might fit the bill for you.
COMMISSIONER LoCASTRO: Yeah.
MR. FRENCH: Because everything we do is in data anyway.
COMMISSIONER TAYLOR: And that would make sense, so
then it would be incumbent upon us as commissioners to let our
neighborhoods know that there is a portal by which you need to
monitor, and that also is an option. So it's really to -- it's really to
September 13, 2022
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become rote for our neighbors. They must take responsibility in this.
I'm not suggesting we spoon-feed them anything, but they have to
take responsibility.
MR. FRENCH: Yes, ma'am. And so if you'll allow me, I'll
come back with some options with staff to include online. Our fear
is when you start, as Commissioner LoCastro has alluded, I would
openly ask you to think about the sign that may get knocked over,
and then we've got 26 code enforcement officers that get to go chase
this down to talk to a commercial property owner to go stand their
sign back up. And SDPs can last multiple years, so you may be
getting some more calls, Commissioner, that they're tired of seeing
this sign. So we'll come back with some options, and I appreciate
you giving me a minute.
COMMISSIONER LoCASTRO: I like the online option, and
some people that might be hearing this might be saying, oh, God, as a
citizen I have to go to this website all day long. You know, most
communities that I represent have an HOA, have a board, have a
group of people that have been elected, and part of their
responsibility is to keep their radar on so every single person in their
community doesn't have to, and then they put it in the Coconut Tele,
which is, you know, Isles of Capri's newsletter or Riviera Golf
Estates has one.
And so I think that would be a viable option. Then it would be
on us as a county and as commissioners to really aggressively, if we
went with this option, to advertise that site, especially to the
leadership of these different communities that have boards. They all
don't, but at least in my district most do or, you know, you
could -- there's other ways to get that word out.
So I'd be for you coming back in two weeks with an online
option, and other options. You know, brainstorm what else. But I
agree that signs all over the place wouldn't be something I'd support.
September 13, 2022
Page 149
COMMISSIONER SAUNDERS: I think we need to change
the motion.
CHAIRMAN McDANIEL: Uh-huh.
COMMISSIONER TAYLOR: I'll change the motion to ask
staff to come back with options regarding the initiative to notify
residents about administratively -- administratively administered
land-use changes that do not rise to a public notice.
MR. FRENCH: And just for clarification -- thank you,
again -- we don't -- we're not speaking about a change of use for a
business that would require --
COMMISSIONER TAYLOR: No.
MR. FRENCH: -- or if they were adding a stairwell, which
would actually require a Site Development Plan amendment, to an
already existing building.
COMMISSIONER TAYLOR: No.
MR. FRENCH: You've got a significant change.
COMMISSIONER TAYLOR: Yes.
MR. FRENCH: Okay. Yes, ma'am. I get it.
COMMISSIONER TAYLOR: And define that within the
wording of --
MR. FRENCH: No problem. Thank you very much.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Are you still seconding that?
COMMISSIONER SAUNDERS: I'm thinking about it.
CHAIRMAN McDANIEL: Okay. Because I'm just -- I'm
sitting here talking to myself, and I'm -- I can just see us -- I can just
see us moving down --
COMMISSIONER SAUNDERS: I'll second it just to see what
comes back.
CHAIRMAN McDANIEL: Yeah, okay. And, again, like
Commissioner LoCastro said, I certainly don't ever want to not hear
September 13, 2022
Page 150
from staff when there's a -- when there's a -- when there's a new
mousetrap that's going to be built, but I just see this being far more
problematic for our community than is requisite for what the intent is.
So we'll hear it in two weeks. Nothing's going to happen in those
two weeks. County Attorney, we're going to review it in two weeks
and then make a decision?
MR. KLATZKOW: Yes, sir.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we do something in the next two weeks and then talk
about it again in two weeks. Whatever -- I'm sorry. I made a joke.
Commissioner Taylor made the motion to, and Commissioner
Saunders seconded it.
You okay with that?
All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER LoCASTRO: See, Commissioner
McDaniel, that wasn't so painful. I feel good for you.
CHAIRMAN McDANIEL: My pen's not working.
All right.
Item #10D
REQUEST THE BOARD TO APPEAL THE HEARING
EXAMINER’S DECISION IN HEARING EXAMINER DECISION
September 13, 2022
Page 151
NO. 2022-38 WHICH FINDS THAT THE PROPOSED USE OF
SELF-STORAGE/MINI WAREHOUSING, INDOOR (SIC CODE
4225) IS COMPARABLE IN NATURE TO OTHER PERMITTED
USES IN SECTION 4.3.A OF THE WENTWORTH ESTATES
MIXED USE PLANNED UNIT DEVELOPMENT CREATED BY
ORDINANCE NO. 03-51, AS AMENDED. (PETITION NO.
PL20220001501) - MOTION BY COMMISSIONER LOCASTRO
TO BRING BACK TO THE SEPTEMBER 27, 2022, BCC
MEETING; SECONDED BY COMMISSIONER MCDANIEL –
APPROVED
MS. PATTERSON: Commissioners, that moves us to
Item 10D, which is an add-on item. It's a request that the
Board -- request to the Board to appeal the Hearing Examiner's
decision in Hearing Examiner Decision No. 2022-38, which finds
that the proposed use of self-storage mini-warehousing indoor SIC
Code 4225 is comparable in nature to other permitted uses in Section
4.3.A of the Wentworth Estates Mixed-Use Planned Unit
Development created by Ordinance No. 03-51 as amended. This
item is placed on the agenda at Commissioner LoCastro's request.
COMMISSIONER LoCASTRO: Okay. So let me --
CHAIRMAN McDANIEL: Before you jump --
COMMISSIONER LoCASTRO: Yes, sir.
CHAIRMAN McDANIEL: -- can I ask a favor?
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN McDANIEL: Can you continue this for two
weeks so we can have an opportunity to review it and speak with the
Hearing Examiner and talk to all parties considered?
COMMISSIONER LoCASTRO: Sure. And maybe
Mr. Klatzkow can better summarize what we're trying to do here. It
wasn't to have you vote on reversing this or anything. It
September 13, 2022
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was -- because we talked at great length.
The Hearing Examiner approved something, and I was watching
it very closely and met with Mr. Klatzkow several times, and we
think there's some fine print in here that I just wanted at least to have
this HEX approval given eyes by us to see if we thought it was
circumventing the process a little.
This isn't a normal storage unit. It's a little bit of a unique one
with cars and some other things. But all's we were asking today was
that we would bring this back --
MR. KLATZKOW: This is just --
COMMISSIONER LoCASTRO: -- correct?
MR. KLATZKOW: This is just to see whether or not the Board
wants to appeal the decision. You're not making any decisions here
other than that. Staff would then process it, and you'd have the
whole information.
COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER TAYLOR: All right. So then the details
are coming.
COMMISSIONER LoCASTRO: Yes.
COMMISSIONER TAYLOR: Do we want the details?
MR. KLATZKOW: I can give you some of them now, but the
details will be coming to you --
CHAIRMAN McDANIEL: Yeah, I don't need anything now.
MR. KLATZKOW: -- when the appeal is heard.
COMMISSIONER SOLIS: Hear the appeal.
MR. KLATZKOW: There's -- in the LDC you have 30 days to
appeal an administrative decision. We're a party to this, the county
is, so this would be the Board appealing that decision within a 30-day
time frame.
CHAIRMAN McDANIEL: So the appeal is not a denial?
MR. KLATZKOW: Nope.
September 13, 2022
Page 153
CHAIRMAN McDANIEL: This is just a review of setting the
stage --
MR. KLATZKOW: Yes.
CHAIRMAN McDANIEL: -- for the appeal for us to have a
decision in two weeks?
MR. KLATZKOW: Yes, sir.
COMMISSIONER TAYLOR: And the clock stops -- starts
when we ask for this appeal?
MR. KLATZKOW: Well, it stops the clock. Right now the
clock is ticking. This stops the clock.
CHAIRMAN McDANIEL: Thirty days comes from his
decision.
You were lit up, Commissioner Taylor. Do you have anything
else to say?
COMMISSIONER TAYLOR: No. That's it. Thank you.
CHAIRMAN McDANIEL: Okay. Commissioner Solis.
COMMISSIONER SOLIS: Yeah, I agree. I think we
should -- it's weird that we're appealing our HEX -- we're appealing
our HEX officer's decision, but I think it's a policy issue that I think
we need to talk about. It's a -- it's definitely worth having a
conversation, but I don't know where it will end up or where I'll end
up on it, but it's certainly worth talking about because I think it has a
broader policy effect than just this one.
CHAIRMAN McDANIEL: Sure.
MR. KLATZKOW: And it does.
CHAIRMAN McDANIEL: Those are forthcoming uses, and
maybe we need to have a little more detail.
Commissioner LoCastro, you had something else?
COMMISSIONER LoCASTRO: Well, I just wanted to add,
our HEX -- I'm not -- I'm not stating that the HEX did anything
wrong. I think he does an incredible job, but it's also our job to
September 13, 2022
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monitor what's being approved at levels below us and, obviously, we
have the right, that if we see something approved -- we had this with
the food truck park on Isles of Capri -- that we bring it forward for
our set of eyes before final approval or, like you said, it could be
overturned.
On this one, you know, to save some time here, Mr. Klatzkow
and I, and even members of our county staff, see some things that
really should get a close look. As Commissioner Solis said, this has
been a topic on some other things, and this -- when I saw this come
up, I was, like, here's another example of something I just want us to
take a closer look at before we give the go-ahead. But what it does
do is it keeps this developer from being able to do anything until
we -- we discuss it. But I don't think two weeks is excessive.
CHAIRMAN McDANIEL: And I concur.
It's been moved and seconded that we -- that we bring this item
back in two weeks. I think somebody made that motion; did they
not?
COMMISSIONER LoCASTRO: No, I make the motion.
CHAIRMAN McDANIEL: And I'll second it.
So, therefore, then, it's been moved and seconded that we do
that. 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.
Next?
MS. PATTERSON: Next meeting's going to be really busy.
September 13, 2022
Page 155
CHAIRMAN McDANIEL: Yes, ma'am.
MS. PATTERSON: Okay. That's going to move us along
back to the Item 11s. We have a court reporter break in about 20
minutes, and we're up with the Hussey property.
CHAIRMAN McDANIEL: So what time is your court reporter
break? Now? That's all right. We'll come back at 2:43.
(A brief recess was had from 2:33 p.m. to 2:43 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: I know we need three. It's just me
making a point. There's Roosevelt in the back right there. Do you
want to read the item in as we're waiting on our colleagues to join us?
MS. PATTERSON: I will, yes. It's a lengthy title, and I have
to speak slowly, so I will start now.
CHAIRMAN McDANIEL: There you go.
Item #11B
AN AGREEMENT FOR SALE AND PURCHASE WITH JOHN
G. VEGA, AS TRUSTEE OF THE IRREVOCABLE TRUST FOR
THE BENEFIT OF THE CHILDREN OF F. DESMOND HUSSEY,
III, DATED JUNE 20, 2011; FRANCIS D. HUSSEY, JR.,
DECEASED, AND MARY PAT HUSSEY, HUSBAND AND
WIFE; SEAN MEADE HUSSEY, TRUSTEE, AND HHH
INVESTMENTS LIMITED PARTNERSHIP, A FOREIGN
LIMITED PARTNERSHIP, FOR APPROXIMATELY 256 ACRES
UNDER THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM, AT A COST NOT TO EXCEED $2,091,000, AND TO
APPROVE AS A CONDITION OF PURCHASE BY
CONSERVATION COLLIER, THE RIGHT OF THE COUNTY TO
LATER PURCHASE A PORTION OF THE PROPERTY FOR
FUTURE RIGHT-OF-WAY FOR THE WILSON BLVD.-
September 13, 2022
Page 156
BENFIELD ROAD EXTENSION, IF AND WHEN NEEDED, AT
THE PER-ACRE ORIGINAL ACQUISITION COST, TO BE PAID
DIRECTLY TO CONSERVATION COLLIER - MOTION BY
COMMISSIONER TAYLOR TO APPROVE; SECONDED BY
LOCASTRO – APPROVED
MS. PATTERSON: Item 11B is a recommendation to approve
an agreement for sale and purchase with John G. Vega as trustee of
the irrevocable trust for the benefit of the children of F. Desmond
Hussey, III, dated June 20th, 2011; Francis D. Hussey, Jr., deceased;
and Mary Pat Hussey, husband and wife; Sean Meade Hussey,
Trustee; and HHH Investments Limited Partnership, a foreign limited
partnership, for approximately 256 acres under the Conservancy
Collier Land Acquisition Program at a cost not to exceed $2,091,000,
and to approve as a condition of purchase by Conservation Collier the
right of the county to later purchase a portion of the property for
future right-of-way for the Wilson Boulevard/Benfield Road
extension if and when needed at the per-acre original acquisition cost
to be paid directly to Conservation Collier.
Summer Araque, principal environmentalist specialist from
Parks and Recreation, will present.
MS. ARAQUE: Good afternoon, Summer Araque, principal
environmental specialist. I have a brief presentation, or I can answer
any questions you have. Would you like a presentation?
CHAIRMAN McDANIEL: Pleasure?
COMMISSIONER TAYLOR: Uh-uh.
CHAIRMAN McDANIEL: Don't need a -- I don't need a
presentation. I'm ready. Somebody make a motion.
COMMISSIONER TAYLOR: To approve it?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: Oh, I'll make a motion to
September 13, 2022
Page 157
approve it.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. That was a wonderful
presentation.
MS. ARAQUE: Thank you.
COMMISSIONER TAYLOR: And compliments to the staff
for thinking ahead on this.
CHAIRMAN McDANIEL: Yes.
Item #11E
A LAND DEVELOPMENT CODE AMENDMENT TO ALLOW
MEDICAL/CANNABIS DISPENSARIES IN THE SAME ZONING
DISTRICTS AS PHARMACIES AT TWO REGULARLY
SCHEDULED DAYTIME HEARINGS AND WAIVE THE
NIGHTTIME HEARING REQUIREMENT - MOTION BY
COMMISSIONER SAUNDERS TO CONTINUE TO JANUARY
2023 BCC MEETING; SECONDED BY COMMISSIONER
MCDANIEL – APPROVED
September 13, 2022
Page 158
MS. PATTERSON: Commissioners, that brings us to
Item 11E, formerly 16A31. This is a recommendation to hear a land
development -- recommendation to hear a Land Development Code
amendment to allow medical cannabis dispensaries in the same
zoning district as pharmacies at two regularly scheduled daytime
hearings and waive the nighttime hearing requirement.
This item is being moved at Commissioner Saunders' and
Commissioner LoCastro's separate requests.
Mr. Mike Bosi is here to answer questions.
CHAIRMAN McDANIEL: If there are any.
Commissioner Saunders, do you want to go first or
Commissioner LoCastro -- let's let Commissioner Saunders go first.
COMMISSIONER SAUNDERS: The reason that I --
CHAIRMAN McDANIEL: Stay on the mic, please.
COMMISSIONER SAUNDERS: I was looking for my notes.
The reason that I pulled this is I don't know that there's -- this
requires four votes and a lot of staff time and a lot of commission
time. I don't know that there's four votes up here to do this, number
one but, number two, if we don't move forward with it, there's a
request to not have the night hearing. And I think this is so
controversial that I would just raise that question as to whether or not
the night hearing should be --
CHAIRMAN McDANIEL: I didn't get named on this. I was
going to actually ask that it be amended to allow for a night hearing if
we did, in fact, go forward, because there's a lot of people that would
like to come and speak that can't make it during the day hearing,
so -- but --
COMMISSIONER SAUNDERS: I would make the
statement -- and, again, the reason I wanted to see -- bring this up to
see if there really is any support to move forward with it. I'm not
September 13, 2022
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supportive of opening the door to marijuana pharmacies at this point,
so I would be somewhat reluctant to support this. I don't know what
the rest of the Board's feeling is, but I thought, well, if there's not
support for this, then why go through the process.
CHAIRMAN McDANIEL: I concur.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: No, I mean, I echo what
Commissioner Saunders said. Because -- and if I'm hearing you
correctly, you don't want to cancel nighttime hearings because
it's -- and even if nighttime hearings aren't well attended, it's
still -- you know, still having them the three people that show up, it's
important to them.
COMMISSIONER SAUNDERS: Two issues. Number one, if
we do go forward, I think we should have the night hearing, but I
would support the effort of not going forward.
COMMISSIONER LoCASTRO: Right. No. Yeah. And I
would concur.
CHAIRMAN McDANIEL: Well, let's just -- I'm -- we
are -- I'm bringing this forward because I believe we are outside the
guise of the law for the state of Florida. The constitutional
amendment provided for the dispensing of cannabis. The law that
was generated by the state gave us two options. One, ban them or,
two, allow them and treat them as if they are, in fact, pharmacies
except for certain conditions for their allowance.
We have done neither. And, again, Mr. Klatzkow and I have
gone round and round and round with regard to the definition not
being included within our LDC. Mr. Bosi and I have done the same
thing. And so we haven't had support for nor have we made a move
to ban them nor have we made a move to allow them. So that's the
effort that's there.
This is a constitutional issue. There's certainly a lot of
September 13, 2022
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discussion on both sides of the fence with regard to what, in fact, it
does or doesn't do. It is allowed. It is a constitutional amendment.
The dispensing of cannabis is, in fact, happening as we speak. The
folks who do utilize it here in Collier County have to travel outside of
the county in order to -- if they want to go in person.
So that's my -- that's my entire rationale. But if there isn't four
votes, then a motion should be made to ban them, and then we're
within the guise of the constitution, and off we go.
Commissioner Solis.
COMMISSIONER SOLIS: I'm going to agree with the
Chairman. We have to fish or cut bait, as they say. I think that's
what the law says. I've been of the opinion that the Constitution says
what it says, and the legislation requires us to do one or the other. I
would point out that it's my understanding that one of the places
where there are the most dispensaries is just on the other side of my
district, which means there's a lot of demand for constituents of ours
in the county.
CHAIRMAN McDANIEL: There is.
COMMISSIONER SOLIS: It's not whether I think it's a good
idea or not or whether we think it's a -- you know, marijuana should
be used medicinally or not. It's -- the law is what it is. So I -- I
think we need to move forward, and whether we end up banning it,
okay, or not. I mean, we need to do something, because that's what
the law requires.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: I can't support going forward.
I would agree that we made a decision, I guess it was last year or the
year before, and I still hold with that decision. And I would remind
my colleagues that this was defeated at DSAC 10-0 and also at the
Planning Commission 7- or 6-0. So I think that -- I agree with
Commissioner Saunders, I think we need to take a tally of who wants
September 13, 2022
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to go forward, and if they don't have the votes, then we should not
proceed.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Either Ms. Patterson or
Mr. Klatzkow, just -- I'd like you to summarize or explain exactly
what we're voting on here. I didn't believe we were voting on yes or
no to dispensaries in Collier County. As I read it is it's a
recommendation to hear a Land Development Code amendment,
blah, blah, blah, blah, blah. I mean, the discussion right now is like,
hey, are we for or against it in Collier County? That's not what we're
voting on here, correct?
MS. PATTERSON: (Nods head.)
COMMISSIONER LoCASTRO: So, for the record, summarize
what this -- what this topic is that we're voting on.
MR. KLATZKOW: The way the LDC is structured is that if
it's not a permitted use within the LDC, you can't do it.
CHAIRMAN McDANIEL: Defined.
MR. KLATZKOW: Right. Medical marijuana dispensaries
are not an allowed use in our LDC.
CHAIRMAN McDANIEL: Not defined.
MR. KLATZKOW: Therefore, you cannot do them in Collier
County. You cannot do them in Collier County unless we amend the
LDC to expressly allow them.
CHAIRMAN McDANIEL: Correct, correct.
MR. KLATZKOW: And that's the purpose of the hearing.
COMMISSIONER LoCASTRO: So if we killed the motion to
hear what an amendment would look like to the Land Development
Code, then we basically have killed this whole -- this whole issue,
right? Then it won't even come to a -- the dispensary vote won't
come to us, correct?
MR. KLATZKOW: Correct.
September 13, 2022
Page 162
COMMISSIONER LoCASTRO: Okay. You know, just my
feeling, I mean, I'm a veteran. I know a lot of veterans that get help
from medical marijuana to help with a lot of issues with PTSD. All
of the people know I was the COO of Physicians Regional. There
are people that had very serious medical issues, you know, cancer,
leukemia, that were being helped. I actually spent an entire day
when I was a candidate in one of the dispensaries across the county
line just to see what was -- what was happening there and what kind
of customer base were coming in. It was a lot of elderly people. It
was a lot of actually moms and dads who have kids that have
seizures, and they're being helped a lot by the cannabis oils.
It wasn't -- and I can say this because I have a Harley. It wasn't
a bunch of guys on Harleys all coming in with a prescription written
on a cocktail napkin and, you know, they were all walking out with a
case of joints.
Having said that, not supporting dispensaries in Collier County
isn't keeping anybody from getting anything. Some of the people
that I know that have a prescription for medical marijuana get it
mailed to them. I've got a dispensary in my district already. It's on
Marco Island.
So there's actually less Trader Joe's within a mile of -- or within
a driving distance of this building than there are dispensaries. So the
ability to get what you need exists.
I've gotten an overwhelming majority -- and I think we
probably -- some of us might have an overwhelming majority of
citizen input not for it. And the ones that sent me very responsible,
well-thought-out notes were, it is available. I don't -- they didn't
necessarily want to see it in Collier County, although it already is.
It's on Marco.
I'm not against hearing -- like I said, you know, if what we're
voting on here is hearing a Land Development Code amendment, I
September 13, 2022
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just think if we don't vote to hear that, then we're sort of
prematurely -- maybe that's a bad choice of words -- prematurely
voting no against medical marijuana, and I think that's an entirely
different discussion. I'd like to hear people from both sides and
whatnot.
So am I -- am I misunderstanding what we're voting on here?
But if we all voted to not hear a Land Development Code
amendment, then we will never hear the argument, the discussion on
medical marijuana; is that not correct?
MR. KLATZKOW: Well, no.
CHAIRMAN McDANIEL: That's not correct.
COMMISSIONER LoCASTRO: Okay. That's what I want to
know.
CHAIRMAN McDANIEL: It never is forever.
COMMISSIONER TAYLOR: With all due respect, we did
hear it.
COMMISSIONER LoCASTRO: Yeah, way back when.
CHAIRMAN McDANIEL: We've heard it multiple times.
Commissioner Solis.
COMMISSIONER SOLIS: What I would suggest is that we
just make a decision. Not by just inaction, but we make a decision
and we move it forward to a hearing where we either ban it or we're
going to allow it, I mean, and just -- we need to make a decision, in
my opinion, and I think that's what the public deserve. I mean, right
now we're just kind of -- we're just -- it's --
CHAIRMAN McDANIEL: Limbo.
COMMISSIONER SOLIS: It's a decision by inaction, and that
doesn't -- that doesn't feel right to me. If we're supposed to do one
or the other, I think we need to do one or the other.
CHAIRMAN McDANIEL: Commissioner LoCastro, you're
absolutely correct. I put the item on here to bring the hearing
September 13, 2022
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forward. Commissioner Saunders is adeptly pointing out the fact
that he's not counting four noses which it requires per the County
Attorney's rule with regard to the definition.
And so we haven't voted to ban. And I -- nor have we voted to
allow and/or, in fact, amend the LDC. This item got pulled up today
to have this discussion. I wanted you folks to hear why I was
bringing this forward and that I believe, as Commissioner Solis, is
that we should -- but I also understand that we have a lot of time with
staff and effort and advertising and so on and so forth. But we
haven't heard from the community. I've started to get both pros and
cons from folks that are -- that are interested in this.
So I just -- a de facto ban with inaction is not the way I prefer to
govern, so therein lies the reason why I'm bringing it forward, so...
COMMISSIONER LoCASTRO: So voting positive on this
would allow us to have that hearing and hear both sides and then
make the determination, like you said, once and for all. And I think
regardless of what side you're on, if we voted against this right now,
we've just stifled both sides to be able to come here and present, you
know, their information.
CHAIRMAN McDANIEL: That's correct.
COMMISSIONER LoCASTRO: So if alls we're -- you know,
and I want to be just clear of what I'm voting on. If alls I'm voting
on here is exactly what I thought I was, which was to allow a hearing
so that we could make a decision with all of the info and, regardless
of the outcome, citizens couldn't say we shot it down with nobody in
the room, you know, giving us either side. I think that would be,
you know, not the way to go.
CHAIRMAN McDANIEL: Commissioner Taylor already
pointed out this item has been heard multiple times, at least two
different times, and we weren't able to -- we weren't able to actually
come to a consensus. And, again, it boils down to, there isn't three
September 13, 2022
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votes -- there wasn't three votes at one time to ban it, nor was there
four votes to amend the LDC. And so then we end up in this
discussion about the definition. So you're -- if we are going to hear
this, I would like for us to have at least one of those hearings in the
evening, so...
Now, if that -- we want to do that evening hearing first, fine.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes, sir. I'm sorry.
Commissioner Saunders.
COMMISSIONER SAUNDERS: This is a pretty controversial
issue. And if we are going to hear it, then I think we should hear it
when the new board is impaneled as opposed to rushing this through
between now and the middle of November. That way no one can
complain that there's a rush to judgment on it.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: So I --
CHAIRMAN McDANIEL: The intent was not a rush to
judgment. If you recall, I brought this item forward before we went
on our summer break. So there's no rush to judgment here by any
stretch.
COMMISSIONER SAUNDERS: To avoid the appearance that
there is.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Not that -- I'm not
suggesting that you rushed this on at all. But we do have a new
board coming in in about five or six weeks and, as I said, this is a
controversial issue, and maybe we should delay it, that consideration
until then.
CHAIRMAN McDANIEL: I'm fine with that.
COMMISSIONER TAYLOR: That certainly would avoid
listening -- have it heard every time there's a new board.
September 13, 2022
Page 166
COMMISSIONER SAUNDERS: Well, that's true, too.
CHAIRMAN McDANIEL: Well, there again -- okay. And
I'm fine with that. I mean, if you want to continue it until January,
I'm fine. Let's do that. January or February? Let's continue it until
January. You all right with that?
COMMISSIONER LoCASTRO: Yep.
CHAIRMAN McDANIEL: Like I said, we're not prohibiting
folks from being able to get their medical cannabis. It's just -- a
decision will be made with the new board.
Next? She's making notes in red, by the way.
MS. PATTERSON: Do we have a vote to continue this?
CHAIRMAN McDANIEL: Yes. It's been moved and
seconded that we continue this till January. And, Commissioner
Saunders made that motion, and I'm seconding it. I put words in
your mouth. Words matter.
COMMISSIONER SAUNDERS: That's okay.
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: (No verbal response.)
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Thank you.
Item #11F
SECOND AMENDMENT TO INTERLOCAL AGREEMENT
COLLIER COUNTY AND THE CITY OF NAPLES GOVERNING
USE OF CITY OF NAPLES BEACH PARKING FACILITIES
September 13, 2022
Page 167
AND PARK AND RECREATION PROGRAMS EXTENDING
THE TERM TO JUNE 30, 2023 AND REVISING THE PAYMENT
SCHEDULE TO A MONTHLY BASIS BASED ON 1.5M PER
YEAR - MOTION BY COMMISSIONER SAUNDERS TO
APPROVE TO INCLUDE THE CITY’S CHANGES ONLY;
SECONDED BY COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: Commissioners, that brings us to Item 11F
on your change sheet, 11G, which was formerly 16D2. This is a
recommendation to approve second amendment interlocal agreement
between Collier County and the City of Naples governing use of City
of Naples beach parking facilities and park and recreation programs
extending the term to June 30th, 2023, and revising the payment
schedule to a monthly basis based on $1.5 million per year.
This has been moved to the regular agenda at Commissioner
Saunders' request. And I do, coincidentally, have an item to put onto
the visualizer. The city made a couple of stylistic and formatting
changes that are different than what's in your packet. It does not
change the intent and is not a substantive change, but this gives us a
chance to show this to you. This is scheduled to go to the City
Council next week.
CHAIRMAN McDANIEL: Commissioner Saunders, you
brought this up, so...
COMMISSIONER SAUNDERS: Yep. Mr. Chairman, first of
all, I have no objection at all to the extension of the existing
agreement as amended until June 30th of 2023.
What I'm concerned about is we're going to, obviously, get into
the holidays here pretty quickly. This is going to kind of sit around.
I don't want to be in a situation where in March or April or May we
are kind of caught a little bit by surprise that the agreement is going
to terminate, and we need to come up with some options.
September 13, 2022
Page 168
So what I'd like to ask the Board to do, consider, not at our next
meeting, not in -- maybe not even in October, but at some time in the
very near future start giving us what our alternatives are in the event
that we're not able to reach an agreement.
Now, part of that would be a question I have for you. You were
involved in the negotiations with the city, so you'll have a much
better feeling as to where this ultimately is going to go. So I guess
my first question is, does it look like come next year that we're going
to be able to resolve this issue, or is it going to be a similar situation
to what we had this summer?
CHAIRMAN McDANIEL: When's the City Council voting on
this?
MS. PATTERSON: Next week.
CHAIRMAN McDANIEL: Well, it depends on how the City
Council --
COMMISSIONER SAUNDERS: Well, this agreement -- I'm
sure they're going to approve this agreement.
CHAIRMAN McDANIEL: I was making a joke. The
comment -- I think we will come to an arrangement. I don't -- unless
somebody digs in their heels that I'm not -- that I'm not feeling right
now, I think we'll be able to come to an agreement.
If you folks have something that you would like to see added
into this agreement in any form or -- there was discussion, a rather
lengthy discussion about 20-plus MOUs between the county and the
city, and all of those coming into play with regard to how we're going
to -- how we're going to agree to -- agree or not agree with the city.
So those are all the -- as far as I know, and correct me if I'm wrong,
Amy, 20 plus MOUs that haven't been touched in forever.
MS. PATTERSON: Some a very long time. Some a shorter
amount of time.
CHAIRMAN McDANIEL: Right.
September 13, 2022
Page 169
MS. PATTERSON: Some are probably not even applicable
anymore, so that's an issue running parallel to this that we're getting
our arms around along with the city. But our conversations, even
beyond the ones with the Chairs with the city, has not -- they've not
been difficult. They've been productive. We have a plan going
forward that the City Manager and I have agreed to on how we're
going to look at the payment components and the cost components to
try to understand this.
COMMISSIONER SAUNDERS: So maybe we revisit this
whole issue in February or March. I just didn't want to wait
until -- my point was I didn't want to -- I wanted to make sure it's on
our radar; we don't wait until the last minute.
CHAIRMAN McDANIEL: Yes, sir. And I'm glad you
brought it up. I mean, it's nice for us to have this discussion and be
able to be continuing to move forward, and that way there our
residents in the City of Naples and councilmen and women of the
City Council can express their thoughts as well, so...
MS. PATTERSON: If we encounter difficulties as we embark
on these discussions, of course, we will advise you. That way we
can correct course in one of probably many ways.
CHAIRMAN McDANIEL: It hasn't been the case so far
whatsoever. It was all -- and, you know, there again, the city's
dealing with a, relatively speaking, new city manager. Ms. Amy's
been with us for 90 days-ish. Well, as a -- as the actual -- as the
actual County Manager.
MS. PATTERSON: Correct.
CHAIRMAN McDANIEL: And there's a very cooperative
arrangement going forward, so...
Do we need a motion on this for approval?
MS. PATTERSON: Yes, we do, please, and also to include
that we will incorporate the city's changes that are up on the
September 13, 2022
Page 170
visualizer. They're style only.
COMMISSIONER SAUNDERS: If you're looking for a
motion, I'll make a motion to approve that --
CHAIRMAN McDANIEL: I'll second it.
COMMISSIONER SAUNDERS: -- those recommended
changes, and with the understanding that sometime in the wintertime
or very early spring you'll come back and let us know where things
are --
MS. PATTERSON: Of course.
COMMISSIONER SAUNDERS: -- getting with all of it.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve those adjustments. Any other discussions?
(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.
MS. PATTERSON: Thank you, Commissioners.
Item #11H
YEAR 2 OF A 3-YEAR CENTERS FOR DISEASE CONTROL
AND PREVENTION GRANT AWARD TO SUPPORT THE
COMMUNITY HEALTH WORKERS FOR COVID-19 RESPONSE
FOR RESILIENT COMMUNITIES PROGRAM IN THE AMOUNT
OF $421,744 AND AUTHORIZE THE NECESSARY BUDGET
September 13, 2022
Page 171
AMENDMENT - MOTION BY COMMISSIONER MCDANIEL TO
APPROVE; SECONDED BY COMMISSIONER TAYLOR –
APPROVED 5/0
MS. PATTERSON: That brings us to Item 16D9, which is now
Item 11H, and I will move over to that. That is a recommendation to
approve Year 2 of a three-year Centers for Disease Control and
Prevention Grant award to support the community health workers for
COVID-19 response for resilient communities program in the amount
of $421,744, and authorize the necessary budget amendments. This
is being moved at Commissioner Saunders' request, and Kristi
Sonntag is here to answer questions.
COMMISSIONER SAUNDERS: Mr. Chairman, if I might
explain why I pulled this off the agenda.
We've all gotten correspondence concerning the use of these
funds and what obligations the county will have if these funds are
accepted. And I thought it would be very appropriate to have a
presentation on what the grant is, what the funds are used for, and
what obligations or commitments the county is making once we
accept those funds. And I understand from what you said, it's the
second year of a grant. So if you could elaborate on what it is and
how it works.
CHAIRMAN McDANIEL: She's actually over there smiling
and talking like she's listening to you.
MS. SONNTAG: I am listening.
CHAIRMAN McDANIEL: But she's worrying about Troy
getting the right button pushed.
MS. SONNTAG: For the record, Kristi Sonntag, Community
and Human Services director.
I apologize. Let me -- there it is. Right there.
Okay. The item before you today, Commissioners, is a grant
September 13, 2022
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from the Centers for Disease Control, and this is an item to accept
Year 2 of the CDC award for community health workers.
The grant was initially applied for in 2021. It was awarded and
accepted in September of '21. That was our Year 1. Year 2 was
submitted in May of '22, and we received notification in July that we
had been awarded Year 2. And this is the item to accept that award.
The funding -- the total award amount is $1.4 million over three
years. Each year award, as you can see, is $421,744. We
completed Year 1 in August of '22.
The program parameters include an expansion of community
healthcare workers to advance accessible and equitable healthcare in
extra-mile communities. An extra-mile community here is Collier is
designated as Immokalee and Golden Gate. This particular grant
will allow us to expand into other communities like the Bayshore
area, Naples Manor, and Everglades City.
The primary partners associated with the grant are Collier
Health Services and Partners in Health. They're a Boston-based
national firm.
The grant's primary focus is to encourage individuals to engage
in healthcare, and it provides a set of outreach activities that are
required. Our performance requirements as a county are to train
community healthcare workers in training in the area of COVID-19
response as well as healthcare needs. It's an integration among state
and local agencies. It's to conduct outreach messaging, and our
performance measures are to engage persons through messaging. So
we have to report on the number of persons that we engage, and we
also have to report on the number of agencies and persons we refer
to.
So the program, once you're engaged in the program with a
community healthcare worker, if we refer them to the Salvation
Army, that's considered an engagement and a referral.
September 13, 2022
Page 173
Last year Collier Health Services did 50 pop-up mobile sites
where they did blood pressure testing, they did healthcare screenings,
they did a variety of different activities and referrals.
The program goals is we have six community healthcare
workers under this grant. They are two-person teams. They're
required to do 20 home visits per month, one group presentation, and
a group presentation constitutes one of those mobile units, and then
every six months they have to do a media event. So they have to
either put something in the paper, they have to do something on the
television, and then, as mentioned, the other primary goal is to
integrate primary healthcare services.
So if someone needs dental services, the workers are to refer
them for dental services. You do not have to have had COVID.
You do not have to agree to a COVID-19 test. You do not have to
have a COVID vaccine to participate in the program.
So when they do the pop-up event, if someone comes and says,
you know, I'd like to get a vaccination and a booster, they will give
them the referral. They are not doing the vaccinations. They are
just simply referring. And if a person just wants to be referred to a
dentist, they will do that, or a prescription service or whatever.
So with that being said, the recommendation is to accept Year 2
of the grant award in the amount of $421,744. With that, I'll take
any questions.
COMMISSIONER SAUNDERS: I don't think I have any
questions. It seems pretty clear to me.
CHAIRMAN McDANIEL: It's absolutely clear. I'll make a
motion for approval.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: And I -- and with this as a -- with
this as a comment: I have worked extremely closely with the folks
at Partners in Health. Dr. Dan and I have had some really interesting
September 13, 2022
Page 174
Zoom calls throughout the years. And one of the things that I -- and
we all, up here on this board, on this dais, have had some rather
interesting discussions about managing through the pandemic.
One of the things that I advocated for on a regular basis was
education. Education for the population. And the folks at Partners
in Health put -- is the word premators (phonetic)? They had
volunteers that went door to door in Immokalee, and they passed
out -- what was that -- say the word.
MS. SONNTAG: Oh, you're talking about the community
health workers? Oh, they did --
CHAIRMAN McDANIEL: Through Partners in Health. They
call them premators, I think, was the name of them.
MS. SONNTAG: Okay.
CHAIRMAN McDANIEL: But, anyway, the long and the
short of it is, it was no advocacy for or against.
MS. SONNTAG: Nope.
CHAIRMAN McDANIEL: It was strictly education:
Nutritional aspects; if you needed a mask, here's where you go to get
the mask; if you needed a vaccination, here's where you go to get
that; if you want the booster, here's where you go to get that; here's
where you go to buy healthy foods; here's how you better educate
your family on nutritional aspects and intake and such.
And so I found that group, the folks at Partners in Health, to be
enormously beneficial, and they did it, by the way, in three
languages: English, Spanish, and Creole. So all that information
was, in fact, made available.
So it's been moved and seconded that we approve this item. I
appreciate you bringing that up, Commissioner Saunders, just --
COMMISSIONER SAUNDERS: I just wanted the public to
hear what the grant was all about --
MS. SONNTAG: Yeah.
September 13, 2022
Page 175
COMMISSIONER SAUNDERS: -- because there's a lot of
unknown -- or a lot of misinformation, perhaps, surrounding it, and I
think you cleared it up, so thank you for that.
MS. SONNTAG: Just so you know, they did 1,200 home visits
last year during the grant year, so I think that's pretty significant.
CHAIRMAN McDANIEL: That was the community health
workers?
MS. SONNTAG: Yep, the community health workers, and
they did 37 food deliveries. So they do a lot of really, you know,
innovative, creative things to help our folks, so it's a nice grant. So
thank you. I appreciate it.
CHAIRMAN McDANIEL: It's been moved and seconded.
All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: Thank you.
Item #15A
PUBLIC COMMENTS
MS. PATTERSON: That brings us to Item 15. Oh, Troy,
public comment?
MR. MILLER: We have no registered public comment at this
time.
September 13, 2022
Page 176
MS. PATTERSON: Thank you. I forgot our end-of-the-day
public comment.
Item #15B
STAFF AD COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: And now that brings us to staff and
commission general communications.
Dan, if you want to give them an update on the mental health
workshop scheduled for October.
MR. RODRIGUEZ: That's it.
MS. PATTERSON: That's pretty much it. I'm sorry. What
date is it?
COMMISSIONER SOLIS: October.
MS. PATTERSON: Okay. We'll get back to you in a second
now. We have a mental health workshop coming up in October.
Secondly, as discussed prior, we will be bringing back a written
policy regarding the current verbal policy on where things land on the
agenda based on their dollar threshold with a recommendation of a
newer updated dollar threshold based on how far a million dollars
doesn't go these days.
Also, thank you to the Board. This was a pretty large, 137-plus
items on this agenda today, and we did a pretty good job moving
along. So thank you.
COMMISSIONER SOLIS: October 4th.
MS. PATTERSON: October 4th, thank you. October 4th.
COMMISSIONER SOLIS: For the workshop.
CHAIRMAN McDANIEL: For the workshop.
MS. PATTERSON: Mental health workshop, October 4th.
CHAIRMAN McDANIEL: Make sure that's on everybody's
September 13, 2022
Page 177
calendar --
MS. PATTERSON: Yes, we will.
CHAIRMAN McDANIEL: -- if you would, please.
MS. PATTERSON: That's all we have.
MR. KLATZKOW: Nothing for me, sir.
CHAIRMAN McDANIEL: Commissioner Solis, you want to
go first? Oh, excuse me. You know what, Commissioner Taylor's
lit up down here. Is that from before, or are you ready to --
COMMISSIONER TAYLOR: That was from before.
CHAIRMAN McDANIEL: Well, let's just -- ladies first.
COMMISSIONER SOLIS: Sure.
COMMISSIONER TAYLOR: All right. Thank you.
Just to remind everyone or inform everyone that Arte Viva is
about to launch its year-long celebration of the Hispanic culture in
Collier County. It turns out Hispanics are 29 percent of our
population. And this really was kicked off with the Botanical
Gardens who are celebrating Frida Kahlo's garden and came to me
and asked me about a year and a half ago if I could recommend any
Hispanic source or references as they go forward because they want
to be authentic with what they brought forward. And I said, oh, by
the way, I'll give a call to the Embassy in Miami, the Mexican
Embassy.
From that, Immokalee's been brought in, and it is a very exciting
moment in Collier, because finally we're recognizing the money that
the arts bring into Collier County, and the art community now is
collaborating to bring this richness of this culture and hopefully
many, many more to our community.
So it's an exciting time. And I just wanted to bring that to
everyone's attention.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
September 13, 2022
Page 178
Just one quick item. Commissioner Solis, you brought to our
attention probably six, seven months ago a concern about pumping of
water from Bonita Springs south, and we never really heard anything
back on what that really was. I'm not suggesting that we have much
of a discussion of it now. But I think maybe -- I don't know if the
Board needs to get an update or if that's been resolved.
COMMISSIONER SOLIS: I'll look to the County Manager,
but I don't think it's resolved. I think it's still just kind of hanging
out there. I don't think that anything has been approved by the
Water Management District as a final decision, and I'm meeting with
Representative Botana on Thursday. So I would be able to give an
update maybe in a -- or maybe something's changed. I see Trinity's
come running up to the front.
CHAIRMAN McDANIEL: Running.
MS. SCOTT: For the record, Trinity Scott, department head,
Transportation Management Services.
I thought I was going to get through the whole meeting without
having to come up here.
Really nothing has changed. The Water Management District
has still kept "draft" on the operational plan. It was heard at the last
Big Cypress Basin board meeting, of which the board asked that
"draft" still remain on the document and that the Water Management
District staff continue to try to work with the public as well as Bonita.
We have an internal coordination meeting coming up this week,
and one of the items that I'm going to request of the Bonita Springs
staff is to sit down with the CDD flowway representatives, Big
Cypress Basin representatives, Water Management District
representatives, as well as Collier County to see if we can delineate
out all the issues and see if we can come up to some common ground
and perhaps have some sort of memorandums of understanding or
local agreement that can come together to hopefully bring this issue
September 13, 2022
Page 179
to rest. Hopefully the City of Bonita Springs will be amenable to
that.
CHAIRMAN McDANIEL: And the environmental community
as well, because there were several concerns expressed about
potential pollutants and such.
MS. SCOTT: Absolutely. I think that if we address the
concerns of the flowway CDD, that will also, then, bring into -- those
other items that are under consideration, because the flowway CDD
has those very same items as well.
COMMISSIONER SOLIS: Which is -- which is where, for me,
this whole thing has been problematic, because the district, as I
understand it -- and these are the conversations I've had with several
people in the district is that while this is an emergency plan to pump
the water, assuming all of these other legal issues like easements over
where the water's going to are taken care of.
CHAIRMAN McDANIEL: How's that working out?
COMMISSIONER SOLIS: Right. So -- and I keep pointing
out, well, you know, so you're approving -- you're going to approve
something even though you know that there's legal issues.
Well, no, we're not really approving -- anyway. So it's kind of
stuck in limbo, and I don't know if there'll ever be a solution to this.
But right now it's kind of in limbo. Nothing's been approved. I
don't think there can be any pumping, because the District hasn't
approved the plan.
MS. PATTERSON: There's no -- right, there's no plan to
pump.
COMMISSIONER SOLIS: Right.
MS. PATTERSON: So we're in no imminent danger of
pumping right now beyond if there were a hurricane, when all bets
are off, but for the regular emergency pumping that they were
looking to have.
September 13, 2022
Page 180
We're still stuck at Step 1, figure out the pumping protocols in
order to move to Step 2, where we're putting the water, and then to
Step 3, how we engage the public to inform them of what this is and
what it isn't. We can't even get past Step 1 right now.
COMMISSIONER SAUNDERS: Just kind of keep us
informed.
MS. PATTERSON: We will. Thank you.
MS. SCOTT: Thank you.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Okay. I have just three
quick things.
Number one, did I mention something about moratorium on
storage units? Did we -- okay. Just keeping it light.
Two quick things. I want to give a shout out to Department of
Motor Vehicles. I went in there yesterday in just shorts and a T-shirt
to get something done, and not only was -- and, you know, not that
I'm anything special, but nobody said, hello, Commissioner. I was
just, you know, Joe bag of doughnuts.
But more importantly, not only did I get handled really
professional, but I sat there for a while, and I was just watching the
operation in DMV. And a lot of times those guys catch a lot of
spears. You know, who wants to go to the DMV? And it's really
the Tax Collector's building. They do a lot of things in there.
So I just want to say, I watched a lot of professionals in action
who work for the county staff. I watched a lot of customers get
taken care of quickly with a sense of urgency and professionalism
and a smile. And it was -- it was great to see.
And I'm sure that not many people call them up and say, great
job giving me my driver's license today. They get more of, you
know, they're a bunch of idiots, nobody cares, and all that. And I
didn't witness that. So shout out to them.
September 13, 2022
Page 181
Now, on the other side, guess what I'm bringing back in two
weeks? No, not storage units. The rock crushing lot, okay. So I'll
set the table a little bit. And I hope some of the citizens that live in
the surrounding communities are watching.
I am getting the most unprofessional, vulgar, uneducated emails
from citizens who live around that area. So I'm going to correct the
record with an email I'm about to hit send on when I go back to my
office. And I've got all the key people on it so we're paddling in one
direction.
There is so much misinformation out there about what this board
has done and what the county has directed and what Commissioner
LoCastro has ordered. All untrue. Okay.
So, in short, the Water Management District has the lead right
now, okay. The landowner is applying for permits that the Water
Management District may or may not give. But if they do -- you
know, if they do get those permits -- and I've had a lot of meetings
with staff here. I was on the phone with Jaime Cook and everybody
at all of our breaks.
There's probably going to be some things in permit -- I'm going
to almost say there's definitely going to be some things in that permit
that I am going to hate as the commissioner for District 1 and now
having that lot in my district, and that I think we're also not going to
love. And it's basically going to give the landowner the permission
to possibly continue crushing rock, to do it from 7:00 a.m. to
7:00 p.m. or some hours, and a bunch of other things.
We'll wait and see what comes, but what I am going to present
to the commissioners here is if I feel or any of you feel, if you
hear -- but if we don't think the Water Management District -- if we
think they have approved some things that we have a problem with
because we're the ones that have been living with this and trying to
reverse it and whatnot, we have the power to be able to say, yes, but,
September 13, 2022
Page 182
comma. The 12 things in there, eight of them we support, which is
cleaning it up, putting up a silt fence, watering down the rock and
everything; however, we either want uncrushed rock removed, not
continue to be crushed. We don't want excessive vehicles
prepositioned, and there's a whole bunch of things.
So we don't know what will be approved in the permit, but no
permits have been approved. There is no activity happening on that
lot right now other than just the movement of some vehicles to just
do normal maintenance. Nothing's being crushed per our direction,
but a whole lot actually can happen in the next seven to 14 days.
You know, I'm going to be working very closely with the staff to
monitor that, and we do have the power to supersede a Water
Management District permit directive if there are things in there that
we don't feel are supported by us.
And so I've already talked to the staff about that, so I'm going to
get a whole lot smarter on it and watch it very closely and also
correct the record on behalf of all of us, because we're all sort of
named, the commission this, the commission that. But I will shoot
that email out at the end of this meeting. I've already drafted it.
Jaime Cook helped me put details in this.
But, you know, make no mistake, this commission hasn't
directed anything. If anything, we stopped the rock crushing. Our
staff jumped on the problem. They're working very closely with
other agencies who are involved, so it's not just the county. And
when some of those other agencies possibly permitting approvals for
certain things that could happen on that lot, we have the ability to be
able to say, yes, no, yes, no, yes, no. And there's going to be one or
two things in there that I think -- that I know I'm going to want to
present to the commissioners here for your support to augment or edit
the permit so that we can make sure that we're moving forward on
that lot but not in a direction that maybe the Water Management
September 13, 2022
Page 183
District is comfortable with, but maybe we're not.
It could be we think everything in the permit is great, but I'm
hearing that their normal default are certain things in there that we've
already said we have a problem with, which is more crushing,
crushing all day, and all those things.
So more to follow. That will be a hot topic in two weeks. And
even if the permits aren't given in two weeks to the landowner,
according to our staff I can still present to you a bit of a hypothetical
so that we can jump out ahead of it. Hey, we think they're going to
get a permit in a month, and if it says A, B, C, D, and E, A and B are
things I've got an issue, do you agree.
So we're going to stay proactive on this. I'm going to send
my -- Amy, you're already CC'ed on the email I'm going to send. If
you think the commissioners need to see it or their assistants or
whatever, it really has exactly what's happening with the rock
crushing lot, what hasn't happened, and all of the details.
So you push it how you feel possible. I don't want to do, like, a
one-way communication or whatever. I'm really sending it to a
bunch of residents. And our staff, Trinity, Jamie French, Jaime
Cook, and a few others, then. If you think it could have benefit
going to some others.
But there's a lot of misinformation. If any of you get emails
that you think are incorrect, really, Jaime Cook, Jamie French,
Trinity, they all have their hand on the pulse of this. Please direct
those emails to them if citizens are screaming at you thinking we've
done a whole bunch of incorrect things.
We're really working hard at trying to put that thing to bed. But
I'll have something at the next meeting, regardless if permits have
been given or not. And even if permits have been given, we already
are prepared to give the landowner direction that they can't act on
those permits on anything on those permits until we see it, vote on it,
September 13, 2022
Page 184
agree to it. So we do have the upper hand and the control, and I'm
working closely with the staff on that.
CHAIRMAN McDANIEL: I thought they were under a fine
scenario.
COMMISSIONER LoCASTRO: Oh, they are, yeah. Yeah,
that's another -- yeah, the fines are mounting up.
MR. KLATZKOW: My understanding is $1,000 per day.
COMMISSIONER LoCASTRO: Yep.
CHAIRMAN McDANIEL: So they've got a motivation to
move forward.
COMMISSIONER LoCASTRO: Yep.
COMMISSIONER SOLIS: Nice.
COMMISSIONER LoCASTRO: Okay. So more to follow.
That's it. Thank you.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I have to say I have nothing to say.
CHAIRMAN McDANIEL: Well, how about that.
To that end, we are adjourned.
*****
****Commissioner Saunders moved, seconded by Commissioner
Taylor and carried that the following items under the Consent
and Summary Agendas be approved and/or adopted****
Item #16A1 – Moved to Item #11G (During Agenda Changes
by the County Manager)
Item #16A2
THE FY 2022-2023 10-YEAR CAPITAL PLANNING
September 13, 2022
Page 185
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 #16A3
AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY (FDEO), PURSUANT TO
CHAPTER 380.032(3), FLORIDA STATUTES, PERTAINING TO
APPLICATION OF THE BIG CYPRESS AREA OF CRITICAL
STATE CONCERN REGULATIONS TO A PARCEL OWNED BY
AN ENTITY WHOLLY-OWNED BY THE SEMINOLE TRIBE OF
FLORIDA AND LOCATED ON U.S. HIGHWAY 41 NEAR THE
MIAMI-DADE COUNTY LINE
Item #16A4
ACCEPT A PROJECT UPDATE FOR THE VANDERBILT
BEACH ROAD EXTENSION PROJECT NOS. 60168
Item #16A5
RESOLUTION 2022-126: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF ISLES OF ANDALUCIA, APPLICATION
NUMBER AR-6156 / PL20110001785, ACCEPTANCE OF THE
COUNTY MAINTENANCE RESPONSIBILITIES FOR TRACT R-
1 AND AUTHORIZING RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $173,662.12
September 13, 2022
Page 186
Item #16A6
FINAL ACCEPTANCE OF THE POTABLE WATER FACILITIES
FOR CARL’S WHITE GLOVE PERSONAL STORAGE,
PL20200002189, ACCEPT THE CONVEYANCE OF A PORTION
OF THE POTABLE WATER FACILITIES, AND AUTHORIZE
THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $10,390.10
TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT
Item #16A7
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT CONVEYANCE OF A
PORTION OF THE POTABLE WATER FACILITIES FOR THE
COMMUNITY SCHOOL OF NAPLES – CAMPUS ADDITION,
PL20220001892
Item #16A8
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITIES
FOR CRYSTAL LAKE RV PARK PRESSURE REDUCING
VALVE, PL20220003518
Item #16A9
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR COLLIER COUNTY LANDFILL, PL20220004345
Item #16A10
September 13, 2022
Page 187
RESOLUTION 2022-127: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF DEL WEBB NAPLES PARCELS 201-203,
APPLICATION NUMBER PL20130002601; AND AUTHORIZE
THE COUNTY MANAGER, OR DESIGNEE, AND AUTHORIZE
THE RELEASE OF THE MAINTENANCE SECURITY IN THE
AMOUNT OF $116,181.32
Item #16A11
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR EAST NAPLES COMMUNITY PARK WELCOME CENTER,
PL20220002656
Item #16A12
FINAL ACCEPTANCE AND ACCEPTING CONVEYANCE OF
POTABLE WATER AND SEWER UTILITY FACILITIES FOR
ESPLANADE BY THE ISLANDS - PHASE 1B, PL20200000679;
AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR
DEVELOPER’S DESIGNATED AGENT
Item #16A13
RESOLUTION 2022-128: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL
PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF
September 13, 2022
Page 188
NAPLES BLOCKS “D”, “F”, AND “H”, APPLICATION NUMBER
PL20150001102; AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY IN THE AMOUNT OF $84,086.48
Item #16A14
RESOLUITON 2022-129: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL
PLAT OF ESPLANADE AT HACIENDA LAKES PHASE ONE,
APPLICATION NUMBER PL20120002539; AND AUTHORIZE
RELEASE OF THE MAINTENANCE SECURITY IN THE
AMOUNT OF $289,448.21
Item #16A15
RESOLUTION 2022-130: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL
PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF
NAPLES PHASE 2, APPLICATION NUMBER PL20120002897;
AND AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $528,820.98
Item #16A16
RESOLUTION 2022-131: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL
PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF
NAPLES PHASE 4 PARCEL "L", APPLICATION NUMBER
September 13, 2022
Page 189
PL20170001594; AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY IN THE AMOUNT OF $113,500.99
Item #16A17
FINAL ACCEPTANCE AND ACCEPTING CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 14C,
PL20200000202; AND AUTHORIZE THE COUNTY MANAGER,
OR DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND
IN TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER
OR THE DEVELOPER’S DESIGNATED AGENT
Item #16A18
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
FACILITIES AND ACCEPT CONVEYANCE OF THE POTABLE
WATER AND SEWER FACILITIES FOR OYSTER HARBOR AT
FIDDLER'S CREEK PHASE 3B, PL20220003670
Item #16A19
FINAL ACCEPTANCE OF WATER FACILITIES AND ACCEPT
THE CONVEYANCE OF THE WATER FACILITIES FOR 552
RIDGE DRIVE WATER MAIN EXTENSION, PL20220001811
Item #16A20
REGARDING 2022-132: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL
PLAT OF LANDINGS AT BEAR’S PAW, APPLICATION
September 13, 2022
Page 190
NUMBER PL20120002819; AND AUTHORIZE THE RELEASE
OF THE MAINTENANCE SECURITY IN THE AMOUNT OF
$3,514.50
Item #16A21
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR VALENCIA TRAILS NAPLES – PHASE 1B (F/K/A
BRENTWOOD LAKES), PL20200000952; AND AUTHORIZE
THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR DEVELOPER’S
DESIGNATED AGENT
Item #16A22
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
FACILITIES AND ACCEPT CONVEYANCE OF THE POTABLE
WATER AND SEWER FACILITIES FOR VALENCIA TRAILS
NAPLES - PLAT TWO, PL20220001309
Item #16A23
RECORDING THE FINAL PLAT OF FAIRGROVE AT TALIS
PARK MULTI-FAMILY PARCEL (APPLICATION NUMBER
PL20220000389), APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT, AND
APPROVAL OF THE PERFORMANCE SECURITY IN THE
AMOUNT OF $37,447.85
Item #16A24
September 13, 2022
Page 191
RECORDING THE AMENDED FINAL PLAT OF KAICASA
PHASE ONE (APPLICATION NUMBER PL20220000198),
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT, AND APPROVAL OF
THE PERFORMANCE SECURITY IN THE AMOUNT OF
$4,193,303.40
Item #16A25
RECORDING THE FINAL PLAT OF SILVERWOOD AT AVE
MARIA (PHASE 3 AND 4) (APPLICATION NUMBER
PL20210001742), APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT, AND
APPROVAL OF THE PERFORMANCE SECURITY IN THE
AMOUNT OF $3,267,137.56
Item #16A26
RECORDING THE MINOR FINAL PLAT OF SOLUNA REPLAT,
APPLICATION NUMBER PL20220002245
Item #16A27
RECORDING THE FINAL PLAT OF WINCHESTER
(APPLICATION NUMBER PL20210002267), APPROVAL OF
THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT, AND APPROVAL OF THE
PERFORMANCE SECURITY IN THE AMOUNT OF
$2,691,443.50
September 13, 2022
Page 192
Item #16A28
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR RITZ-CARLTON NAPLES HOTEL ADDITION
– PHASE 2, PL20220004745
Item #16A29
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $128,864.03 FOR PAYMENT OF
$6,214.03 IN THE CODE ENFORCEMENT ACTION TITLED
BOARD OF COUNTY COMMISSIONERS V. LINDA C. DAIGLE
IN SPECIAL MAGISTRATE CASE NO. CEPM20120013875
RELATING TO PROPERTY LOCATED AT 2045 WILSON
BLVD. N, COLLIER COUNTY, FLORIDA
Item #16A30
RELEASE OF CODE ENFORCEMENT LIENS WITH AN
ACCRUED VALUE OF $79,633.22 FOR PAYMENT OF $2,793.32
IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS V. DALILA GRIMALDO IN CASE
NO. 2006-37 RELATING TO PROPERTY LOCATED AT 324 W
MAIN ST., IMMOKALEE, FLORIDA
Item #16A31 – Moved to Item #11E (Per Agenda Change Sheet)
Item #16A32
AUTHORIZE THE CHAIRMAN TO SIGN A COLLIER COUNTY
LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”)
September 13, 2022
Page 193
BETWEEN COLLIER COUNTY AND FRANK J. DEWANE, AS
BISHOP OF THE DIOCESE OF VENICE, A CORPORATION
SOLE AND HIS SUCCESSORS IN THE OFFICE, FOR
PROPOSED IRRIGATION AND ASSOCIATED EXISTING
LANDSCAPE IMPROVEMENTS WITHIN THE SEAGATE
DRIVE PUBLIC RIGHT-OF-WAY
Item #16A33
RECOGNIZING A PUBLIC TRANSIT GRANT AGREEMENT
(PTGA) BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) AND THE COLLIER
METROPOLITAN PLANNING ORGANIZATION (MPO) THAT
INCLUDES FEDERAL PASS-THROUGH 49 USC § 5305(D)
FUNDING AND AUTHORIZE NECESSARY BUDGET
AMENDMENTS FOR GRANT REVENUE IN THE AMOUNT OF
$124,715
Item #16A34
RESOLUTION 2022-133: APPROVING AND AUTHORIZING
THE EXECUTION OF AN AMENDMENT TO THE PUBLIC
TRANSIT GRANT AGREEMENT (PTGA) 450306-1-94-01,
CONTRACT NUMBER G2692, WITH FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT) TO REMOVE CERTAIN
CONSTRUCTION REFERENCES FOR THE IMPROVEMENT OF
BUS STOPS FOR AMERICANS WITH DISABILITIES ACT
(ADA) COMPLIANCE IN THE RURAL SERVICE AREA
Item #16A35
September 13, 2022
Page 194
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
RESILIENT FLORIDA PROGRAM PLANNING GRANT
APPLICATION TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) IN THE AMOUNT
OF $46,700 FOR A VULNERABILITY ASSESSMENT STUDY
OF THE UNINCORPORATED JURISDICTIONAL BOUNDARIES
OF COLLIER COUNTY AND DESIGNATE THE COUNTY
MANAGER OR DESIGNEE AS THE AUTHORIZED OFFICIAL
TO SUBMIT AND EXECUTE REQUIRED GRANT
DOCUMENTS
Item #16A36
PLEDGING A MATCH NOT TO EXCEED $40,000 TO SUPPORT
THE COLLIER METROPOLITAN PLANNING
ORGANIZATION’S (MPO) APPLICATION FOR THE SAFE
STREETS AND ROADS FOR ALL (SS4A) GRANT
Item #16A37
A BUDGET AMENDMENT TO RECOGNIZE REVENUE AND
TRANSFER FUNDING FOR PROJECTS WITHIN
TRANSPORTATION SUPPORTED GAS TAX FUND (313) AND
TRANSPORTATION & CDES CAPITAL FUND (310) IN THE
AMOUNT OF $794,939.90
Item #16A38
FY22 PROGRAM OF PROJECTS AND AUTHORIZE
SUBMITTAL OF THE FEDERAL TRANSIT ADMINISTRATION
49 U.S.C. 5307/ 5339 FY22 FOR FUNDS TO SUPPORT THE
September 13, 2022
Page 195
TRANSIT SYSTEM CAPITAL AND OPERATING COSTS IN
THE AMOUNT OF $4,805,353 THROUGH THE TRANSIT
AWARD MANAGEMENT SYSTEM, ACCEPT THE AWARD,
AND AUTHORIZE ANY NECESSARY BUDGET
AMENDMENTS
Item#16B1
ATTENDANCE OF THREE IMMOKALEE AND THREE
BAYSHORE GATEWAY TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD MEMBERS AT THE
FLORIDA REDEVELOPMENT ASSOCIATION 2022 ANNUAL
CONFERENCE AND ALLOW THE OTHER IMMOKALEE
BOARD MEMBERS TO ATTEND THE AWARDS DINNER;
AUTHORIZE PAYMENT OF ATTENDEES’ REGISTRATION,
LODGING, TRAVEL AND PER DIEM FROM THE CRA TRUST
FUNDS (FUND 186/187); AND DECLARE THE TRAINING
RECEIVED AS SERVING A VALID PUBLIC PURPOSE
Item#16B2
AUTHORIZE NECESSARY BUDGET AMENDMENTS TO
RECOGNIZE CARRYFORWARD IN BAYSHORE CRA
FUND (187) AND IMMOKALEE CRA FUND (186), TRANSFER
THOSE MONEYS ALONG WITH RESERVE BALANCES INTO
BAYSHORE CRA CAPITAL FUND (787) AND IMMOKALEE
CRA CAPITAL FUND (786), AND APPROPRIATE THOSE
FUNDS INTO SPECIFIC PROJECTS PURSUANT TO THE
COMMUNITY REDEVELOPMENT PLAN
Item#16B3 – Moved to Item #14B1
September 13, 2022
Page 196
Item #16C1 – Continued to the September 27, 2022 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE A SECOND AMENDMENT
TO THE MAJOR USER AGREEMENT FOR DELIVERY AND
REUSE OF IRRIGATION QUALITY ("IQ") WATER WITH THE
RIVIERA GOLF CLUB/LUCKY TWO GOLF, LLC, TO PROVIDE
A REVISED TERMINATION DATE DUE TO FACILITY
CLOSURE
Item #16C2
CONVEYANCE OF A UTILITY EASEMENT LOCATED ON THE
COLLIER COUNTY GOLDEN GATE CITY GOLF COURSE
PROPERTY TO THE COLLIER COUNTY WATER SEWER
DISTRICT FOR THE INSTALLATION OF TRANSMISSION
WATER MAINS. ESTIMATED COST NOT TO EXCEED $50
Item #16C3
AWARD INVITATION TO BID (“ITB”) 20-8002 NO. 22-8002
(CORRECTION PER AGENDA CHANGE SHEET) “NCWRF
NORTH AND SOUTH BLEACH PIPING REPLACEMENT,” TO
DOUGLAS N. HIGGINS INC., IN THE AMOUNT OF $957,380.00,
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENT
Item #16C4 – Moved to Item #11F (Per Agenda Change Sheet)
Item #16C5 – Moved to Item #11D (During Agenda Changes)
September 13, 2022
Page 197
Item #16C6
MAGIC LIGHTS EVENT TO BE CONDUCTED BY COLLIER
COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC.
Item #16C7
A DEED OF UTILITY EASEMENT FROM COLLIER COUNTY
TO THE CITY OF NAPLES OVER A PORTION OF GOLDEN
GATE ESTATES, UNIT 71, TRACT 128, TO ALLOW THE CITY
TO INSTALL A 12-INCH TRANSMISSION WATER MAIN
BETWEEN CITY WELL NOS. 425 AND 426
Item #16C8
AN AGREEMENT FOR SALE AND PURCHASE WITH
CHARLES EDWIN BAILEY, JR., FOR APPROXIMATELY 1.14
ACRES UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM, AT A COST NOT TO EXCEED
$25,600
Item #16C9
AN AGREEMENT FOR SALE AND PURCHASE WITH JOHN R.
PENA FOR A 2.27-ACRE PARCEL UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $52,700
Item #16C10
September 13, 2022
Page 198
AN AGREEMENT FOR SALE AND PURCHASE WITH
WILLIAM F. THOMMEN FOR A 5.0-ACRE PARCEL UNDER
THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM, AT A COST NOT TO EXCEED $101,000
Item #16C11
AN AGREEMENT FOR SALE AND PURCHASE WITH
BERARDO ORTEGA AND GLADYS GUASP FOR A 1.14-ACRE
PARCEL UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM, AT A COST NOT TO EXCEED
$30,600
Item #16C12
AN AGREEMENT FOR SALE AND PURCHASE WITH PETER S.
SANCHEZ AND NILSA E. SANCHEZ, AS CO-TRUSTEES OF
THE PETER S. SANCHEZ AND NILSA E. SANCHEZ
REVOCABLE LIVING TRUST, DATED JULY 21, 2015, FOR A
2.73-ACRE PARCEL UNDER THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM, AT A COST NOT TO
EXCEED $63,800
Item #16C13
AN AGREEMENT FOR SALE AND PURCHASE WITH JORGE
A. AGUILAR AND MAGALI AGUILAR FOR A 1.14-ACRE
PARCEL UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM, AT A COST NOT TO EXCEED
$40,700
September 13, 2022
Page 199
Item #16C14
AN AGREEMENT FOR SALE AND PURCHASE WITH
TIMOTHY R. JOHNSON & JENETT JOHNSON FOR A
1.14-ACRE PARCEL UNDER THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM, AT A COST NOT TO
EXCEED $30,600
Item #16C15
AN AGREEMENT FOR SALE AND PURCHASE WITH SANDRA
BURNS FOR A 1.14-ACRE PARCEL UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $30,600
Item #16C16
AN AGREEMENT FOR SALE AND PURCHASE WITH DAVID
V. WRIGHT FOR A 1.14-ACRE PARCEL UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $30,600
Item #16C17
AN AGREEMENT FOR SALE AND PURCHASE WITH JOSEPH
ZHUANG FOR A 2.73-ACRE PARCEL UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $63,800
Item #16C18
September 13, 2022
Page 200
APPROVE AN AGREEMENT FOR SALE AND PURCHASE
WITH DAVID JOYCE AND D & J NAPLES INVESTORS, LLC
FOR TWO (2) PARCELS TOTALING 3.41 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $93,400
Item #16C19
AGREEMENT FOR SALE AND PURCHASE WITH LOIS J.
BEHNKE FOR A 1.14-ACRE PARCEL UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $57,800
Item #16C20
AN AGREEMENT FOR SALE AND PURCHASE WITH MARK
TROY MEYER AS SUCCESSOR TRUSTEE OF THE VIRGINIA
M. MEYER TRUST AGREEMENT, DATED DECEMBER 28,
1996, FOR A 1.59-ACRE PARCEL UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $72,850
Item #16C21
AN AGREEMENT FOR SALE AND PURCHASE WITH
RICHARD D. ARNAY AND JOAN ARNAY HALPERIN, FOR A
1.14-ACRE PARCEL UNDER THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM, AT A COST NOT TO
EXCEED $30,600
Item #16D1
September 13, 2022
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AWARD REQUEST FOR PROPOSALS (RFP) NO. 22-7946,
“PURCHASE OF SKI BOAT,” TO NAUTIQUES OF ORLANDO,
LLC, FOR THE PURCHASE OF A SKI BOAT IN THE AMOUNT
OF $94,204 FROM PROJECT #80418 REGIONAL PARKS OFF-
ROAD VEHICLES AND EQUIPMENT
Item #16D2 – Moved to Item #11F (During Agenda Changes by the
County Manager)
Item #16D3
A MEMORANDUM OF AGREEMENT WITH THE FLORIDA
FISH AND WILDLIFE CONSERVATION COMMISSION TO
ALLOW YOUTH HUNTS AT PEPPER RANCH PRESERVE IN
NOVEMBER 2022, JANUARY 2023, AND FEBRUARY 2023
Item #16D4
A BUDGET AMENDMENT TO (1) INCREASE THE FY 2021-
2022 ALLOCATION BY $81,723 AND (2) RECOGNIZE
$15,241.19 IN PROGRAM INCOME FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM
Item #16D5
THE STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM ANNUAL REPORT AND AUTHORIZE THE
CHAIRMAN TO SIGN THE LOCAL HOUSING INCENTIVE
CERTIFICATION FOR THE CLOSEOUT OF FISCAL YEAR
2019/2020, INTERIM FOR FISCAL YEAR 2020/2021 AND
September 13, 2022
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AUTHORIZE THE ELECTRONIC SUBMISSION TO FLORIDA
HOUSING FINANCE CORPORATION TO ENSURE
COMPLIANCE WITH PROGRAM REQUIREMENTS
Item #16D6
AUTHORIZE THE CHAIRMAN TO SIGN ELEVEN (11)
MORTGAGE SATISFACTIONS FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE
AMOUNT OF $126,625 AND APPROVE THE ASSOCIATED
BUDGET AMENDMENT TO APPROPRIATE REPAYMENT
AMOUNT TOTALING $76,165.46
Item #16D7
TERMINATE FOR CONVENIENCE TWO (2) AGREEMENTS
WITH COLLIER COUNTY HUNGER AND HOMELESS
COALITION, INC., THE FIRST FOR HOME TENANT BASED
RENTAL ASSISTANCE AND THE SECOND FOR EMERGENCY
SOLUTIONS GRANT COVID
Item #16D8
“AFTER-THE-FACT” AGREEMENTS AND ATTESTATION
STATEMENTS WITH THE AREA AGENCY ON AGING
FOR SOUTHWEST FLORIDA, INC., COMMUNITY CARE FOR
THE ELDERLY, ALZHEIMER’S DISEASE INITIATIVE, AND
HOME CARE FOR THE ELDERLY GRANT PROGRAMS FOR
COLLIER COUNTY’S SERVICES FOR SENIORS PROGRAM
AND AUTHORIZE BUDGET AMENDMENTS IN THE AMOUNT
September 13, 2022
Page 203
OF $241,441.61 TO ENSURE CONTINUOUS FUNDING FOR
FY2022/2023
Item #16D9 – Moved to Item #11H (by Commissioner Saunders
during Agenda Changes)
Item #16D10
CHAIRMAN TO SIGN THE MEMORANDUM OF
UNDERSTANDING BETWEEN COLLIER COUNTY AND THE
CENTRAL/SOUTH FLORIDA PRESCRIBED FIRE WORKING
GROUP FOR PRESCRIBED FIRE OPERATIONS
Item #16D11
APPROVE AGREEMENT #22-031-NS “DELNOR-WIGGINS
LAW ENFORCEMENT SPECIAL DETAIL AGREEMENT”,
WITH COLLIER COUNTY SHERIFF’S OFFICE FOR
INTERSECTION CONTROL OUTSIDE OF DELNOR-WIGGINS
STATE PARK AND AUTHORIZE EXPENDITURES UNDER THE
AGREEMENT AND APPROVED EXEMPTION
Item #16E1
AWARDING REQUEST FOR PROPOSAL (“RFP”) NO. 22-7971,
“PROPERTY, CASUALTY AND WORKERS’ COMPENSATION
THIRD PARTY ADMINISTRATION SERVICES,” TO JOHNS
EASTERN COMPANY, INC., AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT
Item #16E2
September 13, 2022
Page 204
RATIFYING PROPERTY, CASUALTY, WORKERS’
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15
FOR THE THIRD QUARTER OF FY 22
Item #16E3
FIRST AMENDMENT TO THE AGREEMENT #17-7209
“MANAGED CARE & PREFERRED PROVIDER PAYOR
NETWORK” WITH NAPLES PHYSICIAN HOSPITAL
ORGANIZATION, INC. D/B/A COMMUNITY HEALTH
PARTNERS AND APPROVE EXPENDITURES UNDER THE
FIRST AMENDMENT AND APPROVED SINGLE SOURCE
WAIVER
Item #16E4
SECOND AMENDMENT TO AGREEMENT #16-6646 “ONSITE
HEALTH ADVOCACY COACHING SERVICES” WITH NAPLES
PHYSICIAN HOSPITAL ORGANIZATION, INC. D/B/A
COMMUNITY HEALTH PARTNERS AND APPROVE
EXPENDITURES UNDER THE SECOND AMENDMENT AND
SINGLE SOURCE WAIVER
Item #16E5
RECOGNIZE ACCRUED INTEREST FROM THE PERIOD APRIL
1, 2022, THROUGH JUNE 30, 2022, EARNED BY EMS COUNTY
GRANT, PROJECT NO. 33655, AND APPROPRIATE FUNDS
FOR A TOTAL AMOUNT OF $322.49
September 13, 2022
Page 205
Item #16E6
RESOLUTION 2022-134: AUTHORIZE THE SUBMITTAL OF A
FLORIDA EMERGENCY MEDICAL SERVICES COUNTY
GRANT APPLICATION, THE REQUEST FOR GRANT FUND
DISTRIBUTION FORM AND RESOLUTION FOR THE
FUNDING OF TRAINING AND MEDICAL/RESCUE
EQUIPMENT IN THE AMOUNT OF $72,756.00, CONFIRMING
THAT THE GRANT FUNDS WILL NOT SUPPLANT THE EMS
BUDGET
Item #16E7
AUTHORIZE THE PROCUREMENT SERVICES DIRECTOR TO
PROCURE GOODS OR SERVICES FROM VENDORS THAT
HAVE BEEN AWARDED A CONTRACT AS A RESULT OF A
COMPETITIVE SELECTION PROCESS BY A FEDERAL,
STATE, OR MUNICIPAL GOVERNMENT, OR ANY OTHER
GOVERNMENTAL AGENCY, POLITICAL SUBDIVISION, OR
GOVERNMENT-RELATED ASSOCIATION OR A
PURCHASING COOPERATIVE, PROVIDED THAT THE
ORIGINATING ENTITY UTILIZED A COMPETITIVE PROCESS
SIMILAR TO COLLIER COUNTY’S, AND AUTHORIZE THE
COUNTY MANAGER OR DESIGNEE TO SIGN AGREEMENTS
ASSOCIATED WITH THOSE PURCHASES
Item #16E8 – Continued to the September 27, 2022 BCC Meeting
RECOMMENDATION TO APPROVE THE ADMINISTRATIVE
REPORT PREPARED BY THE PROCUREMENT SERVICES
September 13, 2022
Page 206
DIVISION FOR DISPOSAL OF PROPERTY AND
NOTIFICATION OF REVENUE DISBURSEMENT
Item #16E9 – Continued to the September 27, 2022 BCC Meeting
RECOMMENDATION TO APPROVE THE ADMINISTRATIVE
REPORT PREPARED BY THE PROCUREMENT SERVICES
DIVISION FOR DISPOSAL OF PROPERTY AND
NOTIFICATION OF REVENUE DISBURSEMENT
Item #16E10
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16E11
AUTHORIZING EXPENDITURES EXCEEDING THE $50,000
COMPETITIVE THRESHOLD, UNDER AN EXEMPTION FROM
THE COMPETITIVE PROCESS, THROUGH FISCAL YEAR
2027, FOR BRAXTON COLLEGE
Item #16E12
AWARDING GROUP VISION INSURANCE TO VISION
SERVICE PLAN (VSP) FOR A FOUR (4) YEAR PERIOD
EFFECTIVE JANUARY 1, 2023
Item #16F1
September 13, 2022
Page 207
BOARD RATIFICATION OF SUMMARY, CONSENT AND
EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY
MANAGER DURING THE BOARD'S SCHEDULED RECESS. (IN
ABSENTIA MEETING(S) DATED JULY 26, 2022; AUGUST 9,
2022; AND AUGUST 23, 2022)
Item #16F2
ENTER INTO A REVISED TRI-PARTY DEVELOPER
CONTRIBUTION AGREEMENT WITH AVE MARIA
DEVELOPMENT LLLP, AND THE SCHOOL DISTRICT,
RELATED TO THE CONSTRUCTION OF A NEW PUBLIC
ELEMENTARY SCHOOL WITHIN THE TOWN OF AVE
MARIA, BY REQUEST OF THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY (SCHOOL DISTRICT)
Item #16F3
AUTHORIZE BUDGET AMENDMENTS APPROPRIATING
APPROXIMATELY $1,438,252,900 OF UNSPENT FY 2022
CAPITAL PROJECT AND GRANT BUDGETS INTO FISCAL
YEAR 2023
Item #16F4
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES UP TO AND INCLUDING $25,000 AND MOVING
FUNDS IN AN AMOUNT UP TO AND INCLUDING $50,000
Item #16F5
September 13, 2022
Page 208
RESOLUTION 2022-135: APPROVING AMENDMENT
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS,
OR INSURANCE PROCEEDS) TO THE FY21-22 ADOPTED
BUDGET
Item #16F6
CHANGE ORDER NO. 3 TO AGREEMENT NO. 19-7624
(PURCHASE ORDER 4500212457), CLAM PASS
MAINTENANCE DREDGING, TO TSI DISASTER RECOVERY,
LLC, IN THE AMOUNT OF $41,730.00
Item #16H1
DONATE A HISTORICALLY SIGNIFICANT SCULPTURE
FROM THE DELTONA ERA TO THE MARCO ISLAND
HISTORICAL SOCIETY
Item 16H2
DIRECT STAFF TO HIRE A VENDOR TO CONDUCT AN
INDEPENDENT VESSEL IMPACT STUDY FOR THE ROCK
CREEK AREA AND PROVIDE THE RESULTS TO THE
FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION (FWC)
Item #16H3 – Moved to Item #10C
Item #16J1
September 13, 2022
Page 209
REMOVING UNCOLLECTIBLE ACCOUNTS RECEIVABLE IN
THE AMOUNT OF $45.00 FROM THE FINANCIAL RECORDS
OF THE COLLIER COUNTY SUPERVISOR OF ELECTIONS
OFFICE
Item #16J2
DETERMINING VALID PUBLIC PURPOSE FOR INVOICES
PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF
SEPTEMBER 7, 2022
Item #16J3 – Moved to Item #13A
Item #16K1
RESOLUTION 2022135A: DECLARING A VACANCY ON THE
CODE ENFORCEMENT BOARD
Item #16K2
RESOLUTION 2022-136: APPOINTING TWO MEMBERS TO
THE PUBLIC TRANSIT ADVISORY COMMITTEE
Item #16K3
RESOLUTION 2022-137: APPOINTING A MEMBER TO THE
LAND ACQUISITION ADVISORY COMMITTEE
Item #16K4
AUTHORIZING THE APPLICATIONS FOR TAX DEEDS FOR
SEVEN (7) COUNTY-HELD TAX CERTIFICATES AND THE
September 13, 2022
Page 210
FORWARDING OF A WRITTEN NOTICE TO PROCEED WITH
TAX DEED APPLICATIONS TO THE TAX COLLECTOR
Item #16K5
THE MEDIATED SETTLEMENT AGREEMENT AND MUTUAL
RELEASE RESULTING FROM THE PRE-SUIT DISPUTE
RESOLUTION PROCESS IN THE AGREEMENT BETWEEN
COLLIER COUNTY AND PWC JOINT VENTURES, LLC, AND
RECOMMENDATION TO AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT
Item #16K6
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $171,000 PLUS $56,340 IN STATUTORY ATTORNEYS' AND
EXPERTS’ FEES AND COSTS, FOR THE TAKING OF PARCEL
193FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K7
STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $139,225.24, INCLUDING ATTORNEYS' FEES AND
EXPERTS' FEES AND COSTS, FOR THE TAKING OF PARCEL
326RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K8
September 13, 2022
Page 211
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$102,950 PLUS $26,254.35 IN STATUTORY ATTORNEY FEES,
SUPPLEMENTAL ATTORNEYS’ FEES, AND EXPERTS’ FEES
AND COSTS FOR THE TAKING OF PARCEL 1167FEE PLUS
AN AMOUNT NOT TO EXCEED $3,000 FOR ADDITIONAL
APPORTIONMENT ATTORNEYS’ FEES REQUIRED FOR THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168
Item #16K9
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$89,000 PLUS $34,316.49 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
106FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K10
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $29,362.77, INCLUDING ATTORNEYS' FEES AND
EXPERTS' FEES AND COSTS, FOR THE TAKING OF PARCEL
325RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K11
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$100,000 PLUS $26,141.58 IN STATUTORY ATTORNEY FEES,
APPORTIONMENT ATTORNEYS’ FEES, AND EXPERTS’ FEES
AND COSTS FOR THE TAKING OF PARCEL 1129FEE, PLUS
September 13, 2022
Page 212
AN AMOUNT NOT TO EXCEED $3,000 FOR ADDITIONAL
APPORTIONMENT ATTORNEYS’ FEES REQUIRED FOR THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168
Item #16K12
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$106,000 PLUS $26,584.94 IN STATUTORY ATTORNEY FEES,
APPORTIONMENT FEES, AND EXPERTS’ FEES AND COSTS
FOR THE TAKING OF PARCEL 1169FEE, PLUS AN AMOUNT
NOT TO EXCEED $3,000 FOR ADDITIONAL
APPORTIONMENT ATTORNEYS’ FEES REQUIRED FOR THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168
Item #16K13
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$113,000 PLUS $24,148.39 IN STATUTORY ATTORNEY FEES,
APPORTIONMENT FEES, AND EXPERTS’ FEES AND COSTS
FOR THE TAKING OF PARCEL 1242FEE, PLUS AN AMOUNT
NOT TO EXCEED $3,000 FOR ADDITIONAL
APPORTIONMENT ATTORNEYS’ FEES REQUIRED FOR THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO.
60168
Item #16K14
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
September 13, 2022
Page 213
$645,000 PLUS $78,175.63 IN STATUTORY ATTORNEY FEES,
APPORTIONMENT ATTORNEYS' FEES, AND EXPERTS’ FEES
AND COSTS FOR THE TAKING OF PARCEL 167FEE
REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K15
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$89,000 PLUS $37,132.19 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
105FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #16K16
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$122,100 PLUS $26,212.66 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
213FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #17A – Moved to Item #9B (Per Agenda Change Sheet)
Item #17B
RESOLUTION 2022-138: ZONING PETITION - PL20190000360
SEMINOLE TRAIL GOVERNMENT CENTER CONDITIONAL
USE. RECOMMENDATION TO APPROVE A RESOLUTION
FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO
ALLOW THE DEVELOPMENT OF SAFETY SERVICES AND
September 13, 2022
Page 214
RELATED GOVERNMENT USES AS AN ESSENTIAL SERVICE
IN THE CONSERVATION ZONING DISTRICT WITHIN THE
AREA OF CRITICAL STATE CONCERN AND SPECIAL
TREATMENT OVERLAY (CON-ACSC/ST) PURSUANT TO
SECTION 2.03.09.B.1.C.2, OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE. THE PROPERTY IS 1.83+/- ACRES
AND IS DESCRIBED AS LOTS 18 AND 19 OF PAOLITA
ACRES, AN UNRECORDED SUBDIVISION, AND IS LOCATED
ON THE NORTH SIDE OF TAMIAMI TRAIL EAST (US 41)
APPROXIMATELY 0.85 MILES FROM COLLIER COUNTY’S
EASTERN BOUNDARY IN SECTION 36, TOWNSHIP 53
SOUTH, RANGE 34 EAST, COLLIER COUNTY, FLORIDA
Item #17C
RESOLUTION 2022-139 (DISTRICT I) RESOLUTION 2022-140:
(DISTRICT II): RESOLUTIONS APPROVING PRELIMINARY
ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS,
AND ADOPTING SAME AS THE NON-AD VALOREM
ASSESSMENT ROLLS FOR THE PURPOSE OF UTILIZING THE
UNIFORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE
MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT
NO. I AND SERVICE DISTRICT NO. II, SPECIAL ASSESSMENT
LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES
WITHIN THE UNINCORPORATED AREA OF COLLIER
COUNTY, THE CITY OF MARCO ISLAND, AND THE CITY OF
EVERGLADES CITY, PURSUANT TO COLLIER COUNTY
ORDINANCE 2005-54, AS AMENDED. REVENUES ARE
ANTICIPATED TO BE $30,930,600
September 13, 2022
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3 :30 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL D UNDER ITS CONTROL 11
c•
WILLI L. McDANIEL, JR., CHAIRMAN
•:n "t.
.�
ATTEST '..,...
CRYSTAL K. KINZEL, CLERK
est as to Chdirman's `V
signature only.
These minutes approve y the Board on /6 a-5
as presented ✓ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
Page 216