BCC Minutes 10/11/2022 ROctober 11, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida
October 11, 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 Board members present:
Chairman: William L. McDaniel, Jr.
Rick LoCastro
Burt L. Saunders
Andy Solis
Penny Taylor
ALSO PRESENT:
Amy Patterson, County Manager
Daniel Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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October 11, 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
October 11, 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
BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF
ALLEGIANCE.
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October 11, 2022
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
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
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October 11, 2022
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Reverend Edward Gleason of Trinity by The Cove Episcopal
Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. September 8, 2022 BCC Budget Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
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October 11, 2022
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Update on the Status of Hurricane Ian recovery efforts in Collier County.
B. Recommendation to approve additional FY 2023 budget amendments in the
amount of $95,263,800 covering post Hurricane Ian clean up and recovery
for debris removal, the storm-water network, water & wastewater, road &
bridge, parks, beaches and governmental facilities repairs and other storm
related costs, including additional funding for the Sheriff. (Ed Finn, Interim
Deputy County Manager) (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN
THIS MEETING
B. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. Consent Agenda - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to direct staff to advertise an Ordinance establishing
Milestone Inspections of aging condominium and cooperative
buildings in unincorporated Collier County and bring back for public
hearing an ordinance establishing a mandatory inspection of aging
condominium and cooperative building. (All Districts)
2) Recommendation to approve a request to advertise a proposed
amendment to Collier County Ordinance No. 86-72, the Sabal Palm
Road Extension Municipal Service Taxing and Benefit Unit, to amend
the geographical boundaries of the MSTU to remove three hundred
thirty-two properties that no longer derive benefit from the MSTU’s
stated purpose. (District 1)
3) Recommendation to hear a Land Development Code amendment at
two regularly scheduled daytime hearings and waive the nighttime
hearing requirement. (All Districts)
4) Recommendation to approve final acceptance of the potable water,
irrigation quality water, and sewer facilities and accept the
conveyance of the potable water, irrigation quality water, and sewer
facilities for SkySail - Phase 1, PL20220000858. (District 5)
5) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of Isles
of Collier Preserve Phase 8, Application Number PL20160000515,
and authorize the release of the maintenance security in the amount of
$260,682.12. (District 4)
6) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water and sewer utility facilities for the Songbird at
Whippoorwill (minor changes to PL20200000840), PL20220002993.
(District 4)
7) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Groves at Orange Blossom,
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Phase 3 (Application Number PL20210003325) approval of the
standard form Construction and Maintenance Agreement and approval
of the performance security in the amount of $2,758,860.50.
(District 5)
8) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $74,600 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20220000820) for work associated with Randall at Orangetree.
(District 5)
9) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $19,960 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20210000882) for work associated with Valencia Golf and
Country Club - Phase 1B. (District 5)
10) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $55,136.84 which was posted as a
guaranty for Excavation Permit Number PL20200000596 for work
associated with Argo Livingston. (District 2)
11) Recommendation to approve Change Order No. 1 to Agreement No.
20-7735, Design-Build Whippoorwill Lane and Marbella Lakes Drive
Connection, with Quality Enterprises USA, Inc., to provide additional
time under the contract due to delays in obtaining required permit
approval, as well as labor and material shortages affecting production.
(County Project Number 60219) (District 3)
12) Recommendation to approve Agreement #22-029-NS “Work & Asset
Management System Software Licenses and Annual Maintenance”
with Cartegraph Systems, LLC for the work management system
software licenses and the annual maintenance; to continue the
Transportation Management Services Department and the Facilities
Division’s enterprise asset management strategic vision in alignment
with Collier County Government’s goals and to approve expenditures
under the Agreement and approved Sole Source Waiver. (All
Districts)
13) Recommendation to award Request for Proposal (“RFP”) No. 22-
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7948, “Planning and Regulation Staffing,” to NOVA Engineering and
Environmental, LLC, to provide temporary staffing and services to the
Growth Management Community Development Department, and
authorize the Chairman to sign the attached agreement. (All Districts)
14) Recommendation to approve a resolution indicating the Collier
County Board of County Commissioners’ desire to be re-designated
as the Community Transportation Coordinator (“CTC”) for Collier
County. (All Districts)
15) Recommendation to provide after-the-fact approval for the submittal
to closeout a grant award from the US Department of Treasury under
the RESTORE Direct Component (Pot 1) for the preliminary
development, design and permitting of the Collier County
Comprehensive Watershed Improvement Plan in the amount of
$77,760.26. (Project 33554) (All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Invitation to Bid (“ITB”) No. 22-8007,
“Tamiami Well 25 Generator Replacement,” to Zabatt Engine
Services, Inc., d/b/a Zabatt Power System, Inc., in the amount of
$300,111.55, and authorize the Chairman to sign the attached
Construction Services Agreement. (Water User Fee Capital Fund
(412), Project Number 70069) (District 5)
2) Recommendation to award Construction Invitation to Bid (“ITB") No.
22-7960 "Collier County Emergency Service Center East Bay
Enclosure Construction,” to Waypoint Contracting Inc., in the amount
of $2,083,623.30 and authorize the Chairman to sign the Agreement.
(Surtax Fund (318), Project 50390) (District 2)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign the
First Amendment to clarify language in the State Housing Initiatives
Partnership Sponsor Agreement for new construction assistance with
Habitat for Humanity of Collier County, Inc. (Grant Fund 791) (All
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Districts)
2) Recommendation to approve and authorize the Chairman to sign the
First Amendment to the U.S. Housing and Urban Development
Emergency Solutions Grants Program subrecipient agreement
between The Shelter for Abused Women & Children, Inc. and Collier
County adding rapid rehousing activities and additional funding in the
amount of $15,000. (Housing Grant Fund 705) (All Districts)
3) Recommendation to approve and authorize the Chairman to sign the
Ninth Amendment to the Development Agreement between Habitat
for Humanity of Collier County, Inc. and Collier County to extend the
project expenditure deadline for the Neighborhood Stabilization
Program 3. (Grant Fund 705) (All Districts)
4) Recommendation to approve a substantial amendment to Collier
County's U.S Department of Housing and Urban Development
FY2019-2020 Annual Action Plan, and authorize the Chairman to
execute an Amendment to the Youth Haven agreement, reallocating
$1,000,000 CDBG-CV funding from the reconstruction of the Golden
Gate Senior Center to the Youth Haven Intake Center project in the
amount of $708,321 and to a still to be determined Public Facilities
project in the amount of $291,679, and approve budget amendments
in the amount of $1,000,000 from General Fund (001) to Community
& Human Services Grant Support Fund (123) to restore funding for
the Golden Gate Senior Center reconstruction project. (All Districts)
E. ADMINISTRATIVE SERVICES
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the FY22-23 Adopted Budget. (All Districts)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to authorize routine and customary budget
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amendments appropriating carry forward budget in the amount of
$7,198,985.64 for approved open purchase orders and $3,182,280.13
for closed POs for Fiscal Year 2023. (All Districts)
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between September 15, 2022 and September 28, 2022
pursuant to Florida Statute 136.06. (All Districts)
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of October 5,
2022. (All Districts)
K. COUNTY ATTORNEY
1) The Annual Performance Appraisal for the County Attorney (All
Districts)
2) Recommendation that the Board of County Commissioners extends
the County Attorney Employment Agreement to September 30, 2025.
(All Districts)
3) Recommendation to reappoint a member to the Immokalee
Beautification Advisory Committee. (District 5)
4) Recommendation to appoint two members to the Golden Gate
Beautification Advisory Committee. (District 3)
5) Recommendation to reappoint one member to the Lely Golf Estates
Beautification Advisory Committee. (District 1)
6) Recommendation to approve the Interlocal Agreement between the
City of Marco Island and Collier County relating to the expenditure of
certain settlement funds received from the State of Florida regarding
In Re: National Prescription Opioid Litigation in furtherance of the
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Florida Attorney General’s Memorandum of Understanding and
Resolution 2021-136. (All Districts)
7) Recommendation to approve the litigation settlement between Collier
County and Pelican Lake Property Owners Association of Collier
County (“Pelican Lake”) and recommendation to approve the
acceptance of $11,320 from Pelican Lake Property Owners
Association of Collier County in exchange for a release of lien with a
value of $60,000 in the code enforcement action entitled Board of
County Commissioners v. Pelican Lake Property Owners Association
of Collier County, Case No. CELU20190011289. (All Districts)
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17. Summary Agenda - This section is for advertised public hearings and must
meet the following criteria: 1) A recommendation for approval from staff; 2)
Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting;
3) No written or oral objections to the item received by staff, the Collier
County Planning Commission, other authorizing agencies or the Board, prior
to the commencement of the BCC meeting on which the items are scheduled to
be heard; and 4) No individuals are registered to speak in opposition to the
item. For those items which are quasi-judicial in nature, all participants must
be sworn in.
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A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, which established the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from Estates (E) Zoning
District within special treatment wellfield zone W-3 to a Commercial
Planned Unit Development (CPUD) Zoning District within special treatment
wellfield zone W-3 for the project to be known as Ariva Plaza CPUD, to
allow the development of up to 30,000 square feet of commercial uses. The
subject 5.46± acre property is located at the southwest corner of the
intersection of Golden Gate Boulevard East and Everglades Boulevard South
in Section 6, Township 49 South, Range 28 East, Collier County and by
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providing an effective date. (District 5)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
October 11, 2022
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MS. PATTERSON: Good morning, Commissioners.
CHAIRMAN McDANIEL: Good morning, County Manager.
Good morning.
If everybody will just give us a minute for getting through
our -- getting through our things this morning. We're all a little bit
disheveled. The traffic was crazy busy this morning, so give me a
second. I'm turning on my computer.
If you would, please, let's all rise and have the invocation this
morning. Reverend Edward Gleason of Trinity by the Cove
Episcopal Church.
Good morning, sir.
Item #1A
INVOCATION BY REVEREND EDWARD GLEASON OF
TRINITY BY THE COVE EPISCOPAL CHURCH –
INVOCATION GIVEN
REVEREND GLEASON: Good morning. Let us pray.
Oh, merciful God, we gather together after Hurricane Ian. We
pray for those who have died. We pray for those who mourn. We
pray for those who have lost homes, jobs, their way of life.
In the midst of this loss, we give thanks for the blessing found in
helping hands and the loving care of neighbors and friends. We pray
for all of the first responders, for those who are helping us to recover.
In the midst of our recovery, we pray you to teach our people to
rely on your strength and to accept their responsibilities to their
fellow citizens, that they may elect trustworthy leaders and make
wise decisions for the well-being of our society; that we may serve
you faithfully in our generation and honor your holy name, and we
pray you send down upon those who hold office in this county the
October 11, 2022
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spirit of wisdom, charity, strength, resilience, and justice; that with
steadfast purpose they may faithfully serve in their offices to promote
the well-being of all people. We offer these, our petitions and
desires, through your holy name. Amen.
CHAIRMAN McDANIEL: Thank you, sir. Commissioner
Taylor, will you lead us this morning?
COMMISSIONER TAYLOR: I would be honored.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: All right. Let's -- I think we move
right on to approval of today's agenda, consent and summary.
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
MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS –
APPROVED AND/OR ADOPTED W/CHANGES
MS. PATTERSON: Yes. Let me read the change sheet for the
record.
CHAIRMAN McDANIEL: Ah, please do that.
MS. PATTERSON: First we have an add-on, Item 16H2.
This is requesting that the Board support the nomination of
Commissioner Chairman McDaniel to the National Association of
Counties' Board of Directors. This was added at Commissioner
McDaniel's request.
We have a couple of agenda notes. At the September 27th,
2022, BCC meeting. Items 9B, 10A, and 10B were continued to the
October 11th, 2022, BCC meeting. These items are being further
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continued to the October 25th, 2022, BCC meeting. At the same
meeting, Items 11A through E were also continued -- that was due to
the change in track and forecast of the storm -- to a later BCC
meeting and will be scheduled for future meetings.
The following item was advertised for the October 11th BCC
public hearing but is being continued to the October 25th BCC public
hearing. This is the GMPA for the Collier Boulevard/Interstate 75
Innovation Zone Overlay, an amendment to the Collier County
Growth Management Plan specifically amending the Future Land
Use Element to add the Collier Boulevard/Interstate 75 Innovation
Zone Overlay to attract and retain qualified target industry businesses
and to correct a scrivener's error in the Activity Center No. 9 Inset
Map.
The subject property is located in Sections 34, 35 and 36,
Township 49 South, Range 26 East, and Sections 2 and 3, Township
50 South, Range 26 East, Collier County, Florida, consisting of 1,245
plus-or-minus acres.
Additionally, the Growth Management Plan amendment and
Mixed-Use Planned Unit Development rezone on the Isles of Capri
advertised for the October 11th BCC hearings are being continued to
the January 10th, 2023, BCC hearing and will be readvertised
accordingly.
Finally, as a clarification, Item 16A3 is a Board-directed item to
advertise for an LDC amendment to be heard at two future BCC
meetings. Additionally, the amendment shall clarify any confusion
or the misapplication of the scope of a comparable-use determination
and is restricted to a site-specific location.
We do not have any time-certain items, and we have court
reporter breaks set for 10:30 and 2:50 if needed.
CHAIRMAN McDANIEL: Okay. Having said all that, let's
move on to the approval of the agenda and ex parte.
October 11, 2022
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Commissioner Taylor, let's have you go first.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: How many microphones does one
lady need?
COMMISSIONER TAYLOR: Yeah, I know, I know. Well,
there we go. This is the one I want to use. If I don't, I'm turning
that way.
So -- no declarations for 16A7, and on 17A, assuming that it's
not going to be pulled, I had phone calls with staff on this issue.
CHAIRMAN McDANIEL: And you're okay with the balance
of the agenda; no other adjustments?
COMMISSIONER TAYLOR: I am, thank you very much.
CHAIRMAN McDANIEL: Yes, ma'am.
Commissioner Saunders, good morning.
COMMISSIONER SAUNDERS: Good morning,
Mr. Chairman.
I don't have any disclosure. I would like to move 16H2 to the
regular agenda. Just kidding. Just kidding. That's your
appointment.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: You know, I found that I have to
apply for that position, and I -- but in order to apply, I have to have
Board permission to apply, which I thought was unique.
COMMISSIONER LoCASTRO: I have a question for my
colleagues. Not you. The other two. Did you-all see this
advertisement? Did you get a chance to apply?
COMMISSIONER TAYLOR: No. We had no notice.
COMMISSIONER LoCASTRO: It's funny how it all --
COMMISSIONER TAYLOR: Not proper notice of this at all.
COMMISSIONER LoCASTRO: Yeah. Just -- Commissioner
Saunders, I mean, you're the most experienced here. Do these things
October 11, 2022
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normally come direct to the person when nominates themselves, or
do we all get a chance to --
COMMISSIONER SAUNDERS: Usually consent agenda
items are listed long before this meeting. It seems to me that this is
just snuck on --
COMMISSIONER LoCASTRO: Absolutely, yeah.
COMMISSIONER SAUNDERS: -- to avoid any scrutiny.
CHAIRMAN McDANIEL: As usual.
COMMISSIONER LoCASTRO: Typical. District 5.
CHAIRMAN McDANIEL: That's what we do.
COMMISSIONER SAUNDERS: I have no changes,
Mr. Chair.
COMMISSIONER LoCASTRO: No, I think -- in all
fairness -- and I'll just jump in here, because we're making --
CHAIRMAN McDANIEL: I'm going to call on you now, so
just go ahead.
COMMISSIONER LoCASTRO: No. We were making light
of something, but this is a very important position, and I can't think of
somebody who's more experienced. You know, we all have really
big jobs, and we're all sitting on different committees and whatnot.
So when I saw this, you know, I don't think my colleagues have any
kind of issue with it at all. So we're just -- you know, you tease us a
lot, so we get a chance to do that.
But for you to represent us in this -- in this forum, in this group,
with, you know, other commissioners for the state, I think is
obviously a perfect, you know, choice. So I make the motion that,
you know, we have no issue with it. It's on the consent agenda.
And I appreciate all that you're going to do for us, if my colleagues
concur. They do. With reservations we concur.
COMMISSIONER TAYLOR: Reservations.
COMMISSIONER LoCASTRO: Reservations. Yes, all go on
October 11, 2022
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the record.
CHAIRMAN McDANIEL: Now, let's get on with the -- what
we're supposed to do, which is the consent and summary.
COMMISSIONER LoCASTRO: Yes, sir.
CHAIRMAN McDANIEL: Everything okay?
COMMISSIONER LoCASTRO: No, I have no changes, and
no disclosures.
CHAIRMAN McDANIEL: Good morning, Commissioner
Solis. Are you prepared to speak, or do you want me to do mine
first?
COMMISSIONER SOLIS: I'm prepared. No changes, no
disclosures.
CHAIRMAN McDANIEL: All right. Outstanding.
And I am the same; no disclosures and no changes.
So with that I'll call for a motion for approval of today's agenda
and the consent and summary.
COMMISSIONER LoCASTRO: Motion to approve.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve. Is there any other discussion? All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
October 11, 2022
Add-on Item 16H2: Requesting that the Board support the nomination of Commission Chairman McDaniel
to the National Association of Counties (NACo) Board of Directors. (Commissioner McDaniel’s request)
Notes:
At the September 27, 2022, BCC Meeting Items 9B, 10A, and 10B were continued to the October 11,
2022, BCC Meeting. These items are being further continued to the October 25, 2022, BCC Meeting. At
the same meeting, Items 11A – 11E were also continued to a later BCC Meeting and will be scheduled
for future meetings.
The following item was advertised for the October 11th BCC public hearing but is being continued to the
October 25th BCC Public hearing.
PL20190000821 -GMPA- Collier Boulevard/Interstate 75 Innovation Zone Overlay - An amendment to
the Collier County Growth Management Plan, specifically amending the Future Land Use Element to
add the Collier Boulevard/Interstate 75 Innovation Zone Overlay to attract and retain qualified target
industry businesses, and to correct a scrivener's error in the Activity Center #9 Inset Map. The subject
property is located in Sections 34, 35, and 36, Township 49 South, Range 26 East, and Sections 2 and 3,
Township 50 South, Range 26 East, Collier County, Florida, consisting of 1,245± acres.”
“Additionally, the Growth Management Plan-Amendment and Mixed Use Planned Unit Development
Rezone on the Isle of Capri, PL20210002313 and PL20210002314, advertised for the October 11th BCC
Hearing, are being continued to the January 10, 2023, BCC Hearing and will be readvertised
accordingly.
Item 16A3 is a Board directed item to advertise for an LDC amendment to be heard at 2 future BCC
meetings. Additionally, the amendment shall clarify any confusion or the misapplication of the scope of
a Comparable Use Determination and is restricted to a site-specific location.
TIME CERTAIN ITEMS:
10/13/2022 1:04 PM
October 11, 2022
Page 8
Added
Artist of the Month recognized – Arte Viva
Before we go on to Item No. 3, I want to take a moment
and -- because I -- and talk about our Artist of the Month. Arte Viva
is a collaborative initiative that brings together the arts and cultural
organizations of Florida's Paradise Coast to celebrate the artistic
contributions of the Hispanic community. The year-long celebration
features over 50 dedicated local events, exhibitions, performances,
and educational opportunities throughout the community.
Arte Viva --
COMMISSIONER TAYLOR: Arte Viva.
CHAIRMAN McDANIEL: Arte. Thank you. I knew I was
mispronouncing it. I should have let you read this.
Arte Viva is presented by the Naples, Marco Island, Everglades
CVB and will enhance the visitors' experience as well as offer our
residents community-wide, educational, and entertainment
experiences throughout the year.
And, Commissioner Taylor, I'm sure you have maybe an extra
word or two to say about all that.
COMMISSIONER TAYLOR: This is really the first endeavor
of the art community which you were so kind to put a leader in the
CVB to help them in these -- in their work to promote the arts within
our community. And this is across the board. This is from Artis
Naples to individual artists from Immokalee.
This is a celebration which I think, given what we've just gone
through, as the year proceeds, I think we could -- we're well in need
of it. We're celebrating the arts, we're celebrating the Hispanic
culture, and we also are celebrating our community.
CHAIRMAN McDANIEL: And I know there are many events
October 11, 2022
Page 9
and programs and exhibitions. I know that our Botanical Gardens
has an entire area set up for this. So if you have a moment -- and the
premise of this is, if you have a moment while you're here, visit some
of the art that's displayed in the back of our room, and please enjoy.
COMMISSIONER TAYLOR: And I believe the listing of
programs, when they are, and the description are on our website at
the CVB website.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Well -- and I'd just add that it is
going to be a great endeavor, and the TDC and the CVB are involved.
The data shows that this is a draw for us; that we can become an arts
and culture -- if we already are not an arts and culture, we can be.
And so this -- we can become an arts and culture destination which
will bring, you know, our visitors here and give them something else
to enjoy. So it's a great endeavor. I think it's going to be
wonderful. We have got some great artists.
CHAIRMAN McDANIEL: Outstanding. Well, let's move on.
Item #2B
BCC MEETING MINUTES FROM SEPTEMBER 8, 2022 -
MOTION TO APPROVE BY COMMISSIONER TAYLOR;
SECONDED BY COMMISSIONER SOLIS – APPROVED AS
PRESENTED
MS. PATTERSON: If we may, let's go back to 2B, which is an
approval of the minutes from the September 8th, 2022, BCC budget
meeting.
CHAIRMAN McDANIEL: Thank you.
COMMISSIONER TAYLOR: So move.
COMMISSIONER SOLIS: Second.
October 11, 2022
Page 10
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the minutes as printed for our September 8th meeting.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: That takes us straight to Item 11 -- oh, I'm
sorry. That takes us straight to Item 7, public comments on general
topics not on the current or future agenda.
MR. MILLER: All right. We're going to start with Bebe
Kantner here in the room -- Kanter, excuse me. Bebe, are you here?
MS. KANTER: Yes, right here.
MR. MILLER: And I just got a Harrison Hubschman. I'm
going to bring you up during this general one after Bebe because I
don't see these items you're referring to our agenda. Okay. It's 15A
and B is also public comment, and public comment is right now as
well, okay.
MR. HUBSCHMAN: Okay.
October 11, 2022
Page 11
MR. MILLER: Thank you. Bebe.
MS. KANTER: Hi. Should I introduce myself?
MR. MILLER: Yeah.
MS. KANTER: Okay. My name is Bebe Kanter. I live in
Pelican Bay.
Before the election I was the CEO and president of Quiet
Collier, Inc. I've suspended those operations just so there's
no -- because that company represented me so much, I suspended all
operations so that we didn't have any confusion between what was
my candidacy and what was my other life.
Today I read about how badly impacted Eastern Collier County
was by the flooding. I read this in the Naples Daily News. And I
read that first priority is being given to cleaning up Naples -- the
western part so that we're ready for the season.
What concerns me is that there's higher population densities in
the eastern areas, and if we don't pick up that garbage, we're going to
see huge increases in zoonotic diseases, which means that -- rodents
live in wet areas of furniture, and when you have huge piles of
garbage that aren't being taken care of, a lot of children are in danger,
a lot of workers are in danger because that's where they live. They
don't live in the western area near the beach where I live.
And so I was wondering how you're going to deal with that on a
more priority basis. I think it's really dangerous to the community to
allow that to happen. It would be better in the long run just to not be
ready for the season, because those people don't live in Collier. We
have to take care of our people first, and our people are going to get
diseases because of this.
And I hope I didn't use up more than my three minutes.
CHAIRMAN McDANIEL: There's a little clock right there.
And just as a matter of -- as a matter of statement, just -- if it
was printed that the priority is for cleanup in certain areas, that was a
October 11, 2022
Page 12
misprint; it was a misunderstanding. And, again, I'm not debating.
I'm just sharing with you our priority has to do with the housing and
taking care of our residents.
MS. KANTER: What about --
CHAIRMAN McDANIEL: And this is not a discussion back
and forth on a "what about" thing.
MS. KANTER: Okay, fine.
CHAIRMAN McDANIEL: I'm just sharing with you if you
read something like that, that was a misunderstanding.
Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you. I think you -- I'll
save this for my comments later, but I can tell you there are rats on
Gulf Shore Boulevard --
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: -- as well as in East Naples.
CHAIRMAN McDANIEL: Sure.
COMMISSIONER TAYLOR: So the idea that somehow the
attention is to the people to get ready for the tourist season is
incorrect. This is very widespread. My district is the one that's the
hardest hit of all the districts except I think Andy's is pretty bad along
the coast. But east of Airport and south of Radio Road is very, very
bad. And we are doing all we can, but we have 145 or '49 trucks that
have come in. I think we could probably do with a conversation
from our -- you know, our Public Utilities about the status of it, and
that will be up to you, Mr. Chair, whether you'd like to.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: But I don't see any favoritism.
I drove up Crayton Road and down the streets yesterday and, believe
me, there's a lot of stuff on the east -- on the west side of this
community.
CHAIRMAN McDANIEL: That's right.
October 11, 2022
Page 13
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. I'm going to
belabor this a little bit because it's really important that rumors not
get started and that we deal with those types of rumors right away.
The statement was made that there seems to be some priority to
getting our businesses up and running for the tourist season, and that
is just incorrect. And we're going to have a full report from Dan
Summers here shortly on all of the reconstruction and restoration and
recovery efforts, but I will tell you -- I want the public to
understand -- the first priorities are always to make sure that people
are safe, that they have a place to stay that's safe, that they have all
the necessary food and water and protection from the Sheriff's
Department. All of those things are really top priorities. And so I
don't want anyone to leave here, anyone that's listening, to think that
we place a priority on getting a business open for the season
over -- place that more importantly than keeping our citizens and our
visitors safe and giving the things that they need to be able to survive
the impacts of this storm.
And so I just wanted to state that clearly. And we'll look
forward to Mr. Summers and his report.
CHAIRMAN McDANIEL: That's correct.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I was just going to say, I had
two town halls last night in my two hardest hit communities, Isles of
Capri and Goodland. FEMA was there, and I had key county
leadership that was there. And, you know, these are communities
that don't have palm fronds and branches in front of their houses.
They have household goods, everything they own and all of their
appliances. And trucks were out there in full force, because they
need to be. It's a dangerous situation when both sides of the road are
piled with everything that they own.
October 11, 2022
Page 14
So I can just say a big chunk of my district is East Naples, and
I'm impressed at how -- what a great job they've done. I see Kari in
the back. She came to my town halls last night and got, basically, a
standing ovation from the people in those two communities that are,
you know, well within the East Naples boundaries.
So, you know, I feel we're definitely hitting these areas that
are -- were hardest hit and getting rid of the piles of the right kind of
thing. So, you know, thank you, Kari, for all that you're doing and
your team and Dr. George and everybody.
So last night was a very popular town hall as we really had a
good show of force. And they felt like we were prioritizing, you
know, just fine. And the surrounding communities that only have
palm fronds and branches, I get notes from them saying we'll wait as
long as we need to wait because we've seen the photos of some of the
harder hit places. So people are starting to get it. Thanks.
CHAIRMAN McDANIEL: Exactly. Well said. And, you
know, I -- Commissioner Solis.
COMMISSIONER SOLIS: Just to belabor it some more, I
think that staff, you know, has their mission. They're doing a great
job, incredibly responsive, but people live in District 2 as well. It's
not that nobody lives there and --
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: A lot of people live in District 2.
A lot of people live in Naples Park and Vanderbilt Connors and on
Gulf Shore. And so staff has a big challenge, but they're up to the
task. We've done this before. So I agree that what we don't need
now are rumors that just add to the issues.
CHAIRMAN McDANIEL: Absolutely. And that's -- and
that's, you know, the mis- and disinformation can put us down a
rabbit hole where none of us -- none of us need to go. If that was
actually printed that way, it was a misrepresentation of the facts,
October 11, 2022
Page 15
period.
So, Troy, who's our next speaker?
MR. MILLER: Your next speaker is Harrison Hubschman, and
he'll be followed on line by Colette Gorgas.
MR. HUBSCHMAN: Good morning, Commissioners. I'm
here about the concrete crushing operation that we want to start on
our property on the corner of Santa Barbara and Davis.
We -- as you know, we brought that material in about a year and
a half ago under Ordinance No. 2005-44 which allowed for recycling
of concrete and crushing. And we lost our permit from South
Florida in November, so we were told to shut down our crushing
operation. We did.
The material was supposed to be brought in for a certain period
of time. It was brought in up to that point, and then we stopped, as
the commissioners at that point asked us to.
And then, like I said, we started crushing. Then we were told to
stop crushing in November. And then we went back and forth with
South Florida about our permitting, about our permit, and we
were -- roughly two months ago, we -- or three months ago we made
application for a crushing permit from South Florida Water
Management.
We now have our permit and have had it for over two weeks, I
believe, two or three weeks. And we're ready to go to work. I
talked to Lorne Andrews today, who is with Earth Tech. He said he
can have a machine moved in in approximately two to three days.
The machine is certified by DEP not to produce any dust and to meet
with all the requirements for crushing and, you know, the operation.
I know the one thing that you're concerned with is the residents
near by. When Bobby was trucking that material in, trucks were
driving in, making lots of noise, dumping the material that made a lot
of noise, and it also made a lot of dust. And that occurred, like I
October 11, 2022
Page 16
said, in early '21 to, I believe, August or so, or September of '21 is
when it stopped, and there were a lot of people in the
residents -- residents near by complaining about that.
That was the material -- that was the problem at the time, not the
crushing operation, because the crushing operation got certified by
DEP. Bobby was running -- Bobby Cadenhead. And it was not
putting out any dust at all. And the machine was far enough away
from those residents that it should not have been disturbing them as
far as noise, because a crusher doesn't make near as much noise as
the tailgates slamming shut on the trucks. And the concrete, you
know, coming out of the back of these trucks is very noisy. That is,
you know, not going to happen anymore.
So we're looking -- I heard that, I guess, Commissioner
LoCastro was concerned about the residents and, you know, their,
you know, not wanting this crushing to go on. They want us to
remove the material. If that were the case, you're talking about 700
truckloads of material, talking about four to $5 million, whereas
we're going -- we're going to take a material that would fill
your -- put -- I don't know how many, 100 cubic yards into your
landfill.
CHAIRMAN McDANIEL: Mr. Hubschman, let me interrupt
you.
MR. HUBSCHMAN: Sure.
CHAIRMAN McDANIEL: I foresee that we're ultimately
going to have a hearing on this.
MR. HUBSCHMAN: Oh, okay.
CHAIRMAN McDANIEL: Today's discussion is for you to
come to us to tell us what it is that you're looking for.
MR. HUBSCHMAN: Oh.
CHAIRMAN McDANIEL: Commissioner LoCastro is lit up
here and has some comments. This is not a point in time in our
October 11, 2022
Page 17
meetings where we have discourse back and forth --
MR. HUBSCHMAN: Oh, I'm not looking for that.
CHAIRMAN McDANIEL: -- with the community. This is for
you to state a fact, which you have. Thank you --
MR. HUBSCHMAN: Oh, okay.
CHAIRMAN McDANIEL: -- by the way, for coming here.
And Commissioner LoCastro has something to say, and then I do as
well assuming he doesn't cover it.
MR. HUBSCHMAN: Oh, okay. I'm --
CHAIRMAN McDANIEL: No, there's no sorries.
MR. HUBSCHMAN: I just wanted you to know that we're
ready to go to work.
CHAIRMAN McDANIEL: When the buzzer beeps at you red,
your three minutes are up, so...
MR. HUBSCHMAN: Okay. We have our permit. We're
ready to go.
CHAIRMAN McDANIEL: Hang on one second. Don't go
away.
COMMISSIONER LoCASTRO: At my meeting -- my
pre-meetings yesterday that we all have for this meeting, I asked that
Jaime Cook or somebody from that division later in this meeting give
us a presentation on their recommendation. So they're aware you got
your permit from the Water Management District. But I spoke
directly to one of the top leaders of the Water Management District
and said that permit doesn't get executed until it goes through the
county, and then the county briefs all of us.
Because it's not just me that's concerned about this rock
crushing. All of us have had a piece of it. So we wanted to hear
from our own staff what the Water Management District
recommended and what we like about what they recommended, what
we don't, what our options are so that we're -- you know, we're doing
October 11, 2022
Page 18
this as a joint leadership effort, because this affects the whole county.
It doesn't matter whose district it's in. It was in Commissioner
Saunders' district, then we redrew the maps, it's in mine. We've all
gotten emails on it.
But I think that's where we are, so I don't even know if now's the
time for you, Jaime, to comment. But we have somebody here that's
going to give us an overview, and then I think at a later date -- I don't
think it's going to be this meeting -- we are going to provide direction
to the county to give direction to you on what we're comfortable with
you doing.
And so, you know, it hasn't been lost on us, and I actually added
it to the agenda here informally today to discuss. So I'm glad you
are here so we can all hear it at the same time, but I don't know that
now's the time to hear from the staff. But we will be addressing it.
CHAIRMAN McDANIEL: Now is not the time for staff on
this. But the County Attorney has a statement.
MR. KLATZKOW: I'm not entirely sure what the Board could
do at this point in time given the order of the Special Magistrate and
the permit that's been issued. If you like, I could come back at the
next meeting on executive summary and give you what options, if
any, you might have on this. But I don't think you have any options
at this point in time. I think they've got the ability to crush the rock
or remove the rock depending upon what they want to do.
COMMISSIONER LoCASTRO: I mean, I would just add that
I think we have such a good relationship with the Water Management
District and they realize that this has been a hot topic; that I
personally spoke to the senior leader that said, we've issued the
permit, but we're not trying to force feed anything. So, legally, you
know, maybe this is a little bit of a gray area, but all the parties that
were on the conference call that I was on said, hey, we leave it to the
county now to take a look at what we've approved. And if you take
October 11, 2022
Page 19
exception to some of the things in here, we're ready to listen. We're
not trying to force feed something.
MR. KLATZKOW: At the Board's direction, staff took this
through the Code Enforcement Board process. They got a fine. I
believe it was $1,000 a day.
COMMISSIONER LoCASTRO: Right.
MR. KLATZKOW: The Special Master [sic] ordered that they
either start the rock crushing or they remove it. So it's up to them
what they want to do at this point in time.
CHAIRMAN McDANIEL: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you.
Mr. Klatzkow, you said something that I just wanted to get some
clarification on, because if I was listening to it -- if I was
Mr. Hubschman listening to what you just said, it sounded like they
can go out today and start crushing this, or they can go out today and
start removing it, that it's up -- you said it's up to them on what
they're going to do.
So I want to make sure that we're -- we're saying what the facts
really are. Can they go out today; are they permitted under our
ordinances and under the state permit to go out and start crushing?
MR. KLATZKOW: I don't know if staff has issued the permit
yet, all right. I don't know why they would be delayed at this point
in time, because this is $1,000 a day, all right. But having said that,
under the ordinance, Special Magistrate, they've got the option of
either trucking it out or crushing it.
COMMISSIONER SAUNDERS: So, Mr. Chairman, I think
we do need to have some clarification as to what they can do today.
Because if they can go out and start crushing today, fine. But what's
the status of the permit and --
MS. COOK: Good morning, Commissioners. Jaime Cook,
your director of Development Review.
October 11, 2022
Page 20
When the operation was shut down, they were originally given
the 90 days, which coincided with the expiration date of their Site
Development Plan.
The Site Development Plan expired in March of this year. So
we have not issued the extension of that Site Development Plan yet.
Once they had obtained the permit and requested a preconstruction
meeting from us, then we were going to extend the Site Development
Plan for the specified period of time to allow them to crush.
I believe they just requested their preconstruction meeting
yesterday but, due to hurricane response, we haven't had time to
schedule it yet.
COMMISSIONER SAUNDERS: Okay. So again, if I'm
understanding everything, they make the application. It's a staff
decision as to extending the permit, which you've said you're going to
do. They don't need to come back here for approval from the
County Commission?
MS. COOK: Correct. The way our Land Development Code
is written currently, yes.
COMMISSIONER SAUNDERS: All right. Mr. LoCastro, is
that consistent with what your --
COMMISSIONER LoCASTRO: Well, in the conversations I
was in, it wasn't just either crush the rock or don't crush it. It
sounded like -- and even with the Water Management District
leadership on the line, that there were some possible options in
between.
I mean, one of the things that was even talked about is -- and
when we say "remove the rock," anything that's already crushed,
removing it would be ridiculous, in my opinion. I mean, it's, you
know, like you said, effort, time, trucks, and whatnot. It doesn't
solve anything.
But the amount of uncrushed rock that's on the lot, that was sort
October 11, 2022
Page 21
of the question. Is it worth continuing to crush all of that? My
understanding, after the phone call, is there's more uncrushed rock on
that lot than I think any of us fully appreciated.
So when we were initially saying just remove what's uncrushed
and call it a day, there's a lot. The rock was brought in faster, it
sounds like, than it was actually being crushed, and that's sort of a
problem.
But when I was talking with Jaime -- and Jaime jump in
here -- it sounded like, you know, we were talking about things of,
hey, is there a lot somewhere else where they can crush the rock and
it's not as visible? And, I mean, we were brainstorming certain
things. So at least in the phone call I was in, it wasn't crush it or
don't crush it, start today or don't start today. And even the Water
Management District agreed that the latitude that we had at the
county per our direction or our desires was a viable possibility. It
wasn't just a black or white yes or no. Is that -- I mean, I may be
oversimplifying, but we had some latitude in deciding what the best
option was, not just a yes or no, crush or uncrush.
MS. COOK: So a couple things with this. First of all, if we
wanted to move it to a new site to have them crush it somewhere else,
due to the ordinance, we'd have to find a site that met the code. So
that's --
COMMISSIONER LoCASTRO: I'm not saying that's the
approved solution --
MS. COOK: -- more difficult.
COMMISSIONER LoCASTRO: -- but in the brainstorming,
that was one of the things sort of thrown out.
MS. COOK: The other kind of hard part to this is that nobody
in Florida really regulates rock crushing itself. The Department of
Environmental Protection regulates the crusher and has requirements
for the crusher, as Mr. Hubschman can attest to, but no one regulates
October 11, 2022
Page 22
the rock crushing activity itself, including our Land Development
Code.
MR. KLATZKOW: Commissioners, this is no longer a
commissioner decision to make.
CHAIRMAN McDANIEL: Right. That's --
MR. KLATZKOW: That's all I'm saying.
CHAIRMAN McDANIEL: That's the crux of this discussion.
This discussion is between the update of the Site Development Plan
and our staff issuing a permit to Mr. Hubschman to be able to do his
job.
MR. KLATZKOW: And them complying with the Special
Magistrate's order, yes.
CHAIRMAN McDANIEL: Well, and that's all -- exactly.
Commissioner Taylor.
MR. KLATZKOW: Yes.
COMMISSIONER LoCASTRO: But the part I would say is
our job is to maybe do a better job overseeing what's happening there,
because it's great that everybody else has approved a bunch of
permits, but that's why this thing has dragged out. I'm not saying we
didn't necessarily do our job, but this one is such a volatile issue that
now we still want to have eyes on it. You know, the first question I
would have for you -- and I know we're getting down a rabbit trail
because this is just a comment, but it sounds great that you could
bring in a better machine and there's no dust, and -- okay, but how
long would it take to crush the rock that's currently on there? And
we also want to make sure no more additional rock is brought in.
I mean, so, you know, there's a bunch of unanswered questions.
This isn't the forum. I know the Chairman would say that, and I
agree. But those are the things we need to hear from our county
staff.
So, you know, my expectation was that you-all would talk, and
October 11, 2022
Page 23
then we would hear from our county staff what's legal, moral, ethical,
and actually smart, you know, to do on that lot and have a better
timeline of what it's going to be so there's no surprises.
MS. COOK: Well, as Mr. Klatzkow said, there is an open code
enforcement case where the property owner is accruing fines. The
Special Magistrate did ask for, after the permit was obtained, they
come back to the Special Magistrate to discuss the time frame of how
long it was going to take. So whatever that time frame may be
would be determined by him.
CHAIRMAN McDANIEL: Right. And there again, if that's
part of the Magistrate's order, then that's part of the Magistrate's
order. You've got to go through the motions in order to accomplish
that.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Did you have --
COMMISSIONER TAYLOR: I did.
CHAIRMAN McDANIEL: You weren't -- I thought you
were --
COMMISSIONER TAYLOR: Am I off?
CHAIRMAN McDANIEL: Yeah. You went away.
COMMISSIONER TAYLOR: Oh. Well, thank you,
Commissioner.
So what I'm understanding, then, is that the process by which we
have struggled with on this commission for the last two years has
evolved into a point where there's a Special Magistrate ruling, and
there is accountability required by the Magistrate from the owner of
the rock crushing in order to put some parameters around it. And,
legally, we really don't have, Mr. Klatzkow, the basis to do anything
but watch staff work as they always have in a very ethical and
efficient way, understanding that the legal aspect of this is the most
paramount thing that we can do.
October 11, 2022
Page 24
MS. COOK: Correct.
CHAIRMAN McDANIEL: Commissioner Saunders, do you
want to wait and let our County Manager speak a second?
COMMISSIONER SAUNDERS: Sure, of course.
MS. PATTERSON: So County Attorney Klatzkow suggested
that in two weeks we come back at the next Board meeting to be able
to explain the parameters under which they will conduct these
activities on the site. That gives time for the applicant as well as
staff to work through those details. That's how long they're going to
crush during the day; what days of the week; how they're going to
control the dust. It sounds like they've got a crusher, but we want to
assure the public that we'll control the dust; site control; no more
material coming in; all of those parameters as well as the conditions
applied by the code case and the Special Magistrate. This gives
them two weeks to lay out what they agree upon in order to be able to
issue that Site Development Plan extension and come to a reasonable
expectation that we can then explain to the community. Because I
think if it's going to be a noisy operation to load a bunch of trucks full
of rock and ship them off the site, that may not meet the expectations
of the community either. So there may be that happy middle that
we're talking about, placement of the crusher, hours of operation of
the crusher; those things. So we can -- if the Board is in agreement,
we'll ask Jaime and her folks, County Attorney and his folks, as well
as the applicant to work together to answer -- we know those
questions. They've been the same questions. And we'll be back in
two weeks so that we can figure out how this proceeds.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
That's perfect, because my goal would be to have this
material -- quite frankly, the logical thing is to crush it on site, make
sure that those parameters that you talked about are complied with,
October 11, 2022
Page 25
but also I think it's important to get this done as quickly as possible.
I don't want to see us in the middle of January when we're in the
middle of the season and everybody's back, and we're doing the
crushing. I understand it will take probably 60 days. So if we
can -- in two weeks when we have our next meeting, if we can
resolve this and get it moving, that's the goal I would like to see.
CHAIRMAN McDANIEL: And I think as a point of
clarification, it isn't necessarily coming back for a decision from this
board. It's more of a report on how you're making out; what you're
doing; are you doing what you're supposed to do; have they fulfilled
what they're supposed to do with their SDP updates and so on and so
forth? And, from a regulatory standpoint, what can we do to assist
with the noise and the dust and the so on?
You are correct, the EPA is predominantly the only agency that
has anything to say over a crusher, but we have things to say from a
regulatory standpoint. We can stand there with one of our decibel
meters at the property line and see whether or not there's an excess
amount of noise or dust or anything coming along. We, as a
government, at the local side, can, in fact, do that.
So I think we're spot on to where we need to be. Thank you for
coming and sharing with us that you're ready to go forward. And I
think if you have your pre-app meeting for your SDP approval, it's
going to get moved forward.
MR. HUBSCHMAN: Just to let you know, we did not bring
any more material in after the date that we were specified to stop, and
that was almost -- over a year ago.
CHAIRMAN McDANIEL: Yes, sir. Appreciate that.
MR. HUBSCHMAN: I wanted you to know that.
CHAIRMAN McDANIEL: Thank you, Mr. Hubschman.
MR. HUBSCHMAN: We obeyed all their orders.
CHAIRMAN McDANIEL: Yes, sir.
October 11, 2022
Page 26
MR. HUBSCHMAN: Thank you.
MS. COOK: Thank you.
MR. MILLER: Mr. Chair, your next speaker under public
comment is on Zoom, Colette Gorgas, and she'll be followed by Peter
Klein, also on Zoom.
Colette, you're being prompted to unmute your microphone, if
you'll do so at this time. And I'm waiting. Let me give Colette just
a second here, okay. Now she's gone.
So let's go to Peter Klein.
Mr. Klein, you should be getting prompted to unmute yourself,
if you will do so at this time.
And I tell you what, while we try to get him figured out, we'll
call up our other speaker in the room, Jackie Keay.
MS. KEAY: Good morning, Commissioners, Jackie Keay.
I would like to share a story about a CEO who made some
decisions that led to the bankruptcy of their company and how such
decisions that county leaders are making that will also lead to our not
only community but our economy being destabilized because of a
lack of affordable housing.
So I'm sure most of you -- I'm going to be -- you're going to be
telling your age. You remember Blockbuster videos, right? So the
CEO of Blockbuster had a meeting with Netflix's CEO and, of
course, Blockbuster CEO does not recall the meeting, does not recall
laughing off the offer, but Nexflix's CEO offered to buy Blockbuster
for about $50 million. That never went through, and we all know
that Blockbuster's went bankrupt.
So when we look at the community, we have many people in our
community offering to help with affordable housing, but the issue
that I see is that community leaders are not only not interested in
building affordable housing, but I see some are blocking it. So a
lack of affordable housing, you have to use circular reasoning.
October 11, 2022
Page 27
Lack of affordable housing, what does that look like in the
community? The working class who are needed to keep the
community afloat, keep our tourism, our businesses going, they're
leaving the community. We have middle-class people leaving the
community. But then when the businesses don't have enough
employees working force, then some of them are closing down.
When these businesses are closing down, that means it impacts the
tourism industry. When the tourists see that their businesses,
favorite restaurants are no longer working or having to reduce their
hours, they're going to be coming less. We see a hurricane. They
have no reason to continue coming to Collier for the next year or two
until we rebuild.
So the idea is the solution is affordable housing. And if -- you
know, reality is you-all are CEO of sorts. Whatever district you're
in, you're a CEO of that district. I don't see that you're making the
right decisions to sustain/maintain our community overall, and I
would say this: As all leaders in the community, whether you're in a
position or whether you're like me, I love our community. I am
working day in and day out. I don't have a position. I'm not getting
paid. I just do it because I love the people. I love our community,
and I have the backbone to do what is best for our community.
I put my ego aside. I put my selfish political ambitions aside
and do what's best for the people. Getting out into the community,
meeting people, helping them, speaking to them. We have to do
what's right for the community, not our own egos, our own political
ideation or ambitions.
Thank you all very much.
MR. MILLER: All right. Mr. Chair, we're going to go back
and try both of our Zoom participants one more time; see if they'll
come through. Let's first go to Colette Gorgas. She's using an older
version of Zoom, so we're having a little bit of an issue with her. Let
October 11, 2022
Page 28
me see if I can track her here.
Colette, you're being prompted to unmute yourself.
All right. We will move back to Richard Klein or, excuse me,
Peter Klein.
Mr. Klein, you are being prompted to unmute yourself, if you'll
do so at this time. And I see nothing.
CHAIRMAN McDANIEL: All right. Then this is --
MR. MILLER: Okay. So that's it with the Zoom folks.
CHAIRMAN McDANIEL: And what I would like -- what I
would like to suggest is is I really like the opportunity for community
members to be able to communicate with us via Zoom, but I want it
tested before we come here for the show.
MR. MILLER: Oh, we are tested, sir. We cannot test their
end.
CHAIRMAN McDANIEL: In advance of the meeting,
someone can go online at 9:00. We can set a rule that they've got to
be online and communicated with before we get into this process.
MR. MILLER: We are chatting with them during this process.
We have checked it technically. I just, you know --
CHAIRMAN McDANIEL: This isn't a chastise.
MR. MILLER: No, no, I understand.
CHAIRMAN McDANIEL: It's just this has happened more
than once --
MR. MILLER: Oh, I know.
CHAIRMAN McDANIEL: -- and I would like for us to be able
to -- for somebody hit a button, for us to be able to go when they're
called on, so...
MR. MILLER: In the meantime, I've received two more slips
for public comment, if that is okay with you.
CHAIRMAN McDANIEL: Totally fine with me.
MR. MILLER: First we have Elizabeth Radi.
October 11, 2022
Page 29
CHAIRMAN McDANIEL: There is intermittence in the
interweb at large right now. So it could just being the people not
having power or Internet at all, so...
MR. MILLER: Elizabeth will be followed by Garrett Beyrent.
CHAIRMAN McDANIEL: You didn't ask me about Garrett
Beyrent. I didn't know he was one of the two.
MR. MILLER: Well, I think the hurricane took the FX or
something. I know it's not here.
CHAIRMAN McDANIEL: Okay, okay.
Good morning, Elizabeth.
MS. RADI: Good morning. Good morning, Commissioners
and staff.
I wanted to read something that I had posted on Facebook, and it
has to do with not only the hurricane crisis that we're going through
but the daily rental hurricane crisis, basically.
This might not be popular, but I think it needs to be said. We
all get so wrapped up in our own lives that it takes tragedy to bring
perspective sometimes.
As we look at the devastation and want to step up and help, most
of us are doing this because we in some way have been affected by
this hurricane.
Perspective. Many have been living through and losing their
homes daily from the rental hurricane, yet very few have come to
their rescue. In some ways, I think this hurricane has brought people
in Southwest Florida back to what's truly important, and that's
compassion for each other.
The city and county officials aren't going to help you clean out
the four inches of muck out of your flooded homes. It's the
community. And they have rallied and showed that that's what
they're doing. People coming together to help.
Compassion last week would have got a laughing emoji. Today
October 11, 2022
Page 30
those very same are depending on it, and many of those we are
running out of town because we have raised the rent so high are the
ones that we are now needing and depending on.
My heart -- my only hope is that through this tragedy we start to
realize that everyone plays a valuable role in our community
regardless of social or economic status. God's greatest resource is
people, and we all need each other.
One of the things that I have absolutely been amazed at is how
the community is rallying and coming together to help. People that
are facing eviction that don't -- aren't even thinking about it, but
they're raising money. They're coming up with as much supplies as
they can carry to these homes, to these individuals whose lives have
been devastated.
Many of us have understood what it feels like to potentially lose
everything and have no place to go. And, unfortunately, this
hurricane has caused some very wealthy people in different
socioeconomics to feel the same helplessness and the same distraught
and fear that we have been fighting for the last year.
It is my hope that we can continue to look at each other in
compassion and understand that we all need help, and that even
though the 60-day ordinance was pushed somewhere, these tenants
still need representation. They still need help.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your final registered speaker for Item 7 is
Garrett Beyrent.
MR. BEYRENT: For the record, Garret FX Beyrent, former
executive vice president of Glades, Incorporated. And my
brother-in-law spoke -- my ex-brother-in-law spoke a few minutes
ago.
And the question I've got actually has to do with this element of
public speaking, when you can get up and talk about nothing that has
October 11, 2022
Page 31
nothing to do with anything in the future. And the way it's
structured, nobody knows who's going to get up and say what
anymore.
A perfect example, I rolled in here, half of my car running to
make it to this meeting only because I thought something was going
to happen here. And oddly enough, my
brother-in-law -- ex-brother-in-law got up to speak about the -- I call
it the nightmare at Santa Barbara and Davis. That's rock crushing.
I had nothing to do with Bobby Cadenhead's death, okay. And that's
not a joke either.
He accidently got killed trying to pull a rod out of a machine
that wasn't working properly, and it got stuck in his head and killed
him, and that's why this thing went sideways to begin with. I gave
him my house, and he moved it to the other side of town. It's all
crazy.
The bottom line is, somebody should rewrite, the speakers that
get up to speak, what they have to speak about, if you get up and
speak about anything, why would you get up to speak about
something that wasn't going to happen? People are going to get up
and speak about the hurricane. That's a general concept, unless it
has to do with their own particular neighborhood, Naples Park or
whatever.
The bottom line is is that it's very confusing. And people like
me -- I wasn't going to be here this morning. Crystal called me up
and said, hey, you know, there's a meeting today. I didn't know that.
Well, you might want to get up and speak about something, and then
my ex-brother-in-law shows up to talk about the concrete nightmare.
And I'm here like, what is going on? How come nobody knows
what's going on?
Because you let people get up to speak, and it's not really on the
agenda, and it may never be. Who knows. But that's the problem
October 11, 2022
Page 32
I've got with dealing with the county is that I'm never aware -- unless
I get up here every Tuesday or Thursday, I never know what's going
on in this county anymore because of that one element.
And I think maybe Jeff could reword the -- that element that has
to do with when you're public speaking what you can actually say if
it's not on the agenda or maybe is or was or will be. Is that
confusing? Okay, good, because that's exactly how I was this
morning as I -- what are they talking about?
CHAIRMAN McDANIEL: It's clear as mud right here in print,
so it's --
Commissioner Solis has something to say.
MR. BEYRENT: Oh, good.
COMMISSIONER SOLIS: Yeah. I just -- I think that Item 7,
and now Item 15, are like a box of chocolates.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: You never know what you're going
to get.
MR. BEYRENT: That's already been done. But that movie
was very good. That was a good movie, wasn't it?
CHAIRMAN McDANIEL: It really was.
MR. BEYRENT: I still have my legs. I was in the army years
ago; didn't lose my legs.
CHAIRMAN McDANIEL: And just so I can say a point.
You're here because of Crystal?
MR. BEYRENT: No, no. I was here -- she wondered where I
was because she hadn't seen me for a while. She thought I floated
away. My cars did float away because I was --
CHAIRMAN McDANIEL: All right.
MR. BEYRENT: Wiggins Pass here, all the cars lifted up and,
like, floated into the dumpster area.
CHAIRMAN McDANIEL: Mr. LoCastro has something to
October 11, 2022
Page 33
say.
MR. BEYRENT: Okay.
COMMISSIONER LoCASTRO: I'll just say this with all due
respect, and especially as a veteran and as an American. This is
called freedom of speech.
So in other countries they would edit what people were saying
or, you know, the attorney would meet everybody out in the hall and
make sure that, you know, what they're saying made sense. Some of
what you said just now didn't make sense to me but, you know what,
I welcome your three minutes at the podium.
But I think one of the most important things we do in here is
give citizens three minutes at the podium to say whatever they want
that's not on the agenda, and many times it does bring things to our
attention. And I think even if somebody rambles for three minutes,
you know what, it was important to them, and it's this free country
that allows them to come to the podium and say whatever they want.
So I think it's the most important thing on the agenda. And if
20 people come up to speak and two of them say something that
actually changes something or brings something to our attention or
what have you, then to me it was well worth sitting here for every
single person that comes to the podium. Even you.
MR. BEYRENT: Thank you very much. I think I'm out of
time.
CHAIRMAN McDANIEL: You are out of time.
MR. BEYRENT: Thank you.
MR. MILLER: And that is all the public comment we have at
this time.
CHAIRMAN McDANIEL: How about that. So we got
through that. Okay. Let's move on to -- I think we're at Item 11
now.
October 11, 2022
Page 34
Item #11A
UPDATE ON THE STATUS OF HURRICANE IAN RECOVERY
EFFORTS IN COLLIER COUNTY – UPDATE PROVIDED;
MOTION TO DEFER PERMITTING FEES FOR HOME-OWNERS
SUFFERING FROM VERIFIABLE STORM DAMAGE AND
STAFF TO RETURN AT NEXT MEETING WITH A REPORT BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER TAYLOR – APPROVED
MS. PATTERSON: We are. That brings us to Item 11A,
update on the status of Hurricane Ian recovery efforts in Collier
County.
Mr. Dan Summers, your director of Emergency Management,
will present.
MR. SUMMERS: Commissioners, good morning. For the
record, Dan Summers, director of your Bureau of Emergency
Services and Emergency Management.
I have an enormous amount of information here today, and I'm
going to do you the justice of not reading through every slide. But I
have given you a lot of information to pass along and -- maybe if we
want to take questions towards the end.
And as the reverend said this morning, make no mistake, this
has been a community effort. Our first responders, our Sheriff's
Department, our utility folks that I now have deemed or we deem as
second responders, healthcare workers, the entire community. And I
could spend the better part of the day recognizing those groups. And
I don't want to overlook them, but let's just say it's been a tremendous
team effort across the board.
And you hate to see these events, but you also get renewed a
little bit by the spirit and the camaraderie and the dedication to put
October 11, 2022
Page 35
the community back together. And I'm so thankful to all of you for
the support and opportunity to be with those individuals.
You've heard it today. We've recognized the loss of life, those
that have been impacted so dramatically, and that's even a lot of our
workforce, as we also will work through patience and compassion.
These things do take time.
Damage assessments. Real quick, thanks to our Growth
Management Division and Jamie's team. These are the numbers that
we recognized yesterday within City of Naples proper, about
989 million; unincorporated area of Collier County, 948 million, and
you see the breakdown there on commercial and residential. All that
information has been passed along, of course, to the state and federal.
One comment. You know, in this event that was not a wind
event but a water event. It is not easy to tell from the street exactly
what damage appears within. So they're looking at how water marks
best estimates, and then you certainly have vacant property. So this
is a baseline. This is not a guarantee. Things will be uncovered in
the days and weeks to come.
We look at Marco with 256 million and Everglades City with
7 million. And, again, we have seen such a contrary contrast, if you
will, in events between wind events and this being a high-water storm
surge event. And, again, our gross totals here around the 2 billion
mark. And, again, certainly subject to change.
I think to focus on recovery. You know, there are -- every item
that we deal with is a priority, so I hate even listing them. But,
obviously, job one, survivor and neighbor assistance. Utility
restoration, which has gone extremely well to those individuals that
can accept power. Debris removal, evaluating flood loss to our
infrastructure, both in our commercial community and our private
homeowners, making sure of transportation resources, and rightsizing
all areas of needs. And I think, I want to stress to you that resources
October 11, 2022
Page 36
are thin, as they are during any of these events under the best of
considerations. Our goal is to address the whole community and do
our best to meet those emergent needs and get started on those
long-term needs.
I want to comment a little bit about the Emergency Operations
Center, and thank you all for coming by and checking on us from
time to time. I think one big success -- and, again, we're not riding
any white horses today, but I just want to share with you some things
that were really incredible. Over 70 licensed beds with -- licensed
medical facilities with 6,000 beds or more. Not one nursing home or
rest home had to be evacuated during the key part of the storm.
We have had one facility that's had a little bit of generator
challenges that elected to relocate several days after landfall, but the
generator bill that was put into place after Irma kept -- was an
incredible situation there that made folks safer, put less strain on the
medical community, and our human services group at the EOC were
doing hourly checks on those facilities.
Certainly more resiliency with the lift stations. While yes, we
have some impacted, but a dramatic difference in the investment in
generators in that program that Dr. Yilmaz' team engages with.
We requested from the state over 70 mission requests, and one
thing I'm most proud of was our support from the state on fuel. I had
been quite worried about fuel, and we -- not at one time did Collier
County not have -- or the cities [sic] have the fuel that it needed for
essential government operations. So hats off to our state partners.
The FEMA ambulance strike teams were ordered up early,
embedded with Chief Butcher's operation to expand out capability for
ambulance care. Our thanks to Miami-Dade Fire and Rescue, our
generator and pump orders, all those -- not all of them came in, but a
lot of them did, and wanted you all to know -- and you knew this
from the beginning -- where we could, we yielded resources to Lee
October 11, 2022
Page 37
County. We have a great working relationship with my colleagues
Sandra and Patrick up in Lee County, and we continue to balance and
right-size to support those needs.
We did about 80 internal operations within our group. That
was borrowing, loaning, or supporting a fellow department or
division both within the city and the county. We made over 3,000
phone calls to our special needs clients and took really good care of
them. Over 5,500 calls were received by the call center, thanks to
Michael Brownley, John Mullins, their team, that took the time to
answer questions and coach individuals along the way.
Dozens of non-profit organizations we managed quite well.
We'll talk more about that. And the State of Florida had over 5,000
requests for assistance through the counties impacted during
Hurricane Irma [sic], so there was a tremendous state lift.
Recovery programs, and this is a very long list. And you need
to know, and we have continued to stress, job one, register with
FEMA at 1-800-662-FEMA. Get that individual assistance program
registered. We have casework ongoing with our nongovernmental
organizations, the NGOs; you'll hear that acronym quite a bit. We
are plugged in daily with Red Cross and Salvation Army and so many
other disaster relief groups who have brought strong horsepower into
Collier County both financially and volunteer manpower to assist so
many folks in our community.
FEMA is also making its resources available certainly for
government, what we call public assistance, that's government, and
nonprofits where they're eligible, and they have rolled out support to
houses of worship as well under certain conditions.
Small Business Administration is here in full force, those
programs, the full suite of programs are open. In many cases, I want
to stress that FEMA may ask an individual to make a call or make an
application into SBA. SBA is one of the financing arms outside of
October 11, 2022
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the grant arm that FEMA may offer. So, again, it is not unusual to
have someone register for individual assistance and be redirected to
the SBA. That's okay. Continue that process.
The next line of defense is homeowners' insurance. We know
lots of challenges to get up with your insurance agent. There are
insurance villages. I know there's one right up here at Home Depot
with Allstate and others. But, again, communication is up. Make
those calls to your homeowners insurance, your business owners.
And, certainly, the National Flood Insurance has also turned on
many expedited funding programs to get those impacted by flood
some immediate relief. I'll bring some more information on that in
just a minute.
We encourage self-reporting on our website where we have a
damage assessment portal. We welcome that additional information.
Non-profit groups. I'm very proud of Joshua Starrett on our
team who is our volunteer agency coordinator who has really kept all
of these groups from duplicating effort, keeping them on task, and we
have also activated the crowd source crisis cleanup site which works
extremely well where individuals can request assistance and other
relief groups connect on social media and begin that cleanup process
that's worked well.
Our community and human service folks are reviewing the SHIP
and HUD resources, and that's a state housing assistance program for
repairs and maybe some pending HUD support in the program via the
Economic Recovery Act.
National disaster teams are, again, working with our volunteer
group. We have -- FEMA has staffed at our Emergency Operations
Center a volunteer agency liaison, and they work very much with the
much larger disaster relief groups as well as coordinating locally the
NGO services that go to our disaster relief centers, our disaster
registration centers. So I'm going to kill you with acronyms today.
October 11, 2022
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So the DRC, disaster response center. And so we have those
programs in place.
We did go to battle just a little bit to make sure that Blue Roof
was turned on for Collier County, and that is to not only help get
those blue roofs on for drying in, but we also have the Corps here
doing infrastructure assessments.
I mentioned the nongovernmental agencies that are working
with us that have continued to do really, really good work here, and
we've just seen just a little -- we're seeing six-digit reports on either
manpower, supplies, and equipment that have been donated via our
NGOs, and we're going to continue to rely on them to help so many
folks.
Give local, give wisely. Our Community Foundation in Collier
County, as you all made a resolution and recommendations in the
past, is our financial philanthropic arm. We know there are a lot of
funds out there, but one of the plugs that I give here is that the money
that comes in locally is immediately distributed locally in hours, not
months or weeks, from other organizations, potentially.
And then our other groups locally that we know are doing so
much, everything from the hospital, Harry Chapin, Meals of Hope,
Daily Bread, just to name a few.
So, again, I wasn't a great student in economics in college, but I
do know that local dollars are important, and local dollars roll and
magnify into the community. And so we want to continue that
financial engagement at a local level, and our Community Foundation
is our foundation partner.
COMMISSIONER TAYLOR: And just as an aside, because of
the hurricane, they are not taking any payments. You know,
sometimes there's a -- when you donate to the Community
Foundation, there's a service fee. All that is waived.
MR. SUMMERS: Correct.
October 11, 2022
Page 40
COMMISSIONER TAYLOR: A hundred percent of money
that people donate go to the cause.
MR. SUMMERS: Yes, ma'am. And that's exactly one of the
reasons we wanted to engage with a local philanthropic organization,
to avoid any of those fees or any absence of full disclosure.
COMMISSIONER TAYLOR: Thank you.
MR. SUMMERS: How to apply for FEMA aid. We've talked
about the phone number. We've got the disaster recovery centers.
Right now we have one at Veterans Park. We are waiting on more
FEMA teams to come in. We have sites identified as soon as that
manpower gets here. And some of these locations will be served by
a large RV in other static locations. And I'm sure, Commissioner
LoCastro, that was covered with your FEMA teams as well.
They'll be canvassing -- not only have been canvassing
neighborhoods with boots on the ground but will be bringing these
mobile resources to support the community.
We want to remind folks that it takes a little time to get through
this process, so be patient. Work with the staff that you have an
opportunity to meet with, whether it's boots on the ground or at these
locations. Return FEMA's phone call. The inspector has to make a
site visit with you. They'll do their best to make three or four calls to
make an appointment, but stay engaged with them, and they will
make sure that these services continue to roll forward.
Our FEMA liaison was kind enough to provide us a little bit of
data as of Sunday. Over 17,253 registrations have been made with
FEMA; 9,000 of those with homeowners; 7,000 with renters. 11,000
individuals have been referred to an individual household program
which has a whole suite of resources and funding.
$15.9 million has already been allocated in individual
homeowners programming. So there is some cash relief that is
moving today.
October 11, 2022
Page 41
Ten million in house assistance, 4 million in rental, 6 million in
housing repair, and 5.9 million in other unmet needs. For example,
maybe a generator that's needed for oxygen support or medical
refrigeration. And 28 percent of all inspections have been
completed. So, you know, we all want it yesterday, but this is very,
very good progress in terms of what's being done to put some
financial relief into the community. And by no stretch are we done,
but I'm -- I think this is a very, very good progress report just a few
days after the storm.
The transitional housing assistance is where FEMA does look at
providing hotel rooms as an option. And that program is available
but, frankly, this is going to be a tough go because of the number of
hotels that were impacted already. And they will work in the entire
region for those rooms, if appropriate. So the good news is the
program is there. The difficulty right now is that there's not many
hotel rooms, but as they become available, they may certainly
provide an option.
And other housing programs are, frankly, being evaluated by the
state and FEMA right now in terms of what other options might be
available. And it is terrible that Lee County had the impact that they
did, but make no mistake, it is typical that whatever is turned on for
Lee County will also be turned on for an adjacent county, and that's
us as well. So lots of big-picture discussions going on right now for
mid- and long-term recovery strategy via FEMA and the state.
The debris removal team, Kari's group, is here in case you have
any questions, and she provided some highlights to us yesterday with
the amount of hauling units right now, I think, 140 and growing every
day and just an enormous volume that's being picked up now. So
they are keenly aware with GIS resources, monitoring resources,
tracking the movements and getting all these materials continuing to
move. So certainly an incredible lift here just a few days into the
October 11, 2022
Page 42
operation.
A little comparison. I thought this was a great analysis by
Kari's team as to what we had for horticultural waste during Irma
versus what we expect during Ian and then, of course, the difference
in construction and demolition debris and time to collect and
estimated costs.
This is only -- this is certainly subject to change. And we know
that people are bringing more goods out as they have an opportunity
to work on cleanup, but certainly very fluid picture here.
Excellent information here in terms of, I think, what stands out
to me is landfill tons, at this particular point, Day 7, with 130,000
cubic yards of debris, 2,718 loads, and still has other routine
household pickups and operations going on.
A little outline here of what Kari's team has set forth in terms of
the deployment of the trucks, the public health concerns. This team
is keenly aware of that. We continue to have conversations with our
administrator at the Florida Department of Health here locally,
continue to make sure that the recycling drop-offs remain open so we
can keep that out of this particular waste stream as well.
And then, finally, the big commercial debris. What is on
private property. That is a big risk for the county until FEMA gives
that approval. Collier County's debris removal package amendment,
if you will, to FEMA for the commercial debris, which is basically
anything to the right of the right-of-way. Collier County's package
is in. It's being reviewed by FEMA. We were the first package in,
and I think the philosophy there is that -- a little frustrating, but
the -- FEMA wants to try to get a handle on the entire financial
picture of everything from boat removal to car removal to
construction and demolition debris inside of the right-of-way.
So they have a task force looking at this, and we want to get this
right on the front end so it doesn't put the county in any unnecessary
October 11, 2022
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exposure on the back end. But the good news is her team is ready.
And, again, this is the typical process to get some of these waivers
from FEMA, because it is a substantial financial undertaking. And it
takes a little time, and I'm sure Kari can add more to that.
I want to mention about communications next. And I couldn't
be more proud of the social media team. I've always contended that
that was a critical pipeline of information. And just to take a look at
5.5 million engagements and impressions on social media, 440,000
discussions on Ian in terms of social media engagement as
well -- impressions and engagement, a conversation or hit, 877 posts
about what we were doing to move forward or correcting information
that may have been out on social media.
Our evacuation notices are listed there in terms of the hits and
the engagements that we received on evacuation notices. So, you
know, this has become the new forum and the new media, and the
new media release today is really social media engagement.
Finally, I think that it was also important to note that over 55
news releases were put out, and that was covering everything from
evacuation and shelters and our Alert Collier and debris removal and
those type of things. So we have very worked -- John Mullins' team
has really worked very hard to get communications out to the
community.
Paul and his team were with us during landfall, and they've been
invaluable. The hotels that were reported yesterday open and
operational were 53; 39 of those were unreachable. Their confirmed
return to operations, 11 are unavailable as to when they may return,
and the sites that are closed pending imminent opening are 12.
So Paul and his team made some site visits to a lot of these
locations, checked in on them, and they're all very anxious to get
reopened, and certainly many have been very accommodating to first
responders and essential emergency employees as well as some other
October 11, 2022
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situations where housing was needed.
Road and Bridge, tremendous activity here not only started with
pre-landfall engagement; the donation of sand materials so that
sandbagging operations were available to the community for the first
time, moving supplies and equipment, helping our operation with a
little bit of forklift activity, working with the Sheriff's Office on
closures, and working with the South Florida Water Management
District on drawdowns. So all of that went extremely well. And if
we can remember what our canals looked like a couple of days before
landfall, that drawdown was quite substantial.
Activities as they went the first day or so: power lines down,
trees down, roadways being blocked, working on drainage systems,
and that is so very important to get these drains cleaned; at least do
some initial cleaning and then do some follow-up with some
long-term cleaning so, again, we can keep water moving. Many
times our crews were tagged up with Florida Power and Light
working safely together to get access not only to address drainage,
downed power lines, and trees and work on restoration. And there
was a -- in North Carolina we used to call that a wolf pack, and we'd
put our utility folks together in a big team, and they would hit those
areas and do some reopening.
The removing of the muck, again, I mentioned about these storm
drains that need to be open, clearing the -- these other drains and road
maintenance working in various locations not only to help power up
some generators and signals, which did -- generally did very well
with a lot of our signals with the exception of a few cabinet losses,
and we had more than enough portable generators on site to get those
intersections repowered. So that worked extremely well this time.
Wastewater operations, just, again, a huge lift compared to Irma
with the pumper trucks that arrived, the portable generators that we
had on hand, the fixed generators that have been installed since Irma.
October 11, 2022
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High water impacted a lot of these lift station controls and pump
station controls. They're reporting 42 panels need to be replaced, but
in the meantime there's portable equipment there.
And then, finally, the contractor who is working on restoring
flow, installing bypass pumps, the large diesel pumps are on site to
keep wastewater moving. And there are 10 locations that will have
some additional work pending.
Finally, I just want to leave you with a quick discussion on
mitigation opportunities. Collier County, there's typically funding
available after one of these events to work -- to break the damage
repair cycle. Our group has been very focused on that with Irma
funding. That's how you got a lot of the generators and other
infrastructure resources to break that. And we don't have any idea
what that mitigation program will look like yet, but it is an
opportunity that we'll work hard on to address the damage repair
cycle with all infrastructure resources under review.
So a quick highlight there, and thank you for your patience, and
I'll certainly answer any questions you may have.
CHAIRMAN McDANIEL: Commissioner Taylor, we will
have you go first.
COMMISSIONER TAYLOR: Thank you.
The question has come up again and again with gated
communities about debris removal within the gated community. As
I remember in Irma, the debris has to be put on the public
right-of-way outside of that gated community; is that the way it is
now?
MR. SUMMERS: Let Kari come up and give you some detail.
But we have worked, and she -- her team has worked very hard to
ensure that we had the correct right-of-entry agreements in place,
which they have done, as well as presenting that package to FEMA.
So maybe Kari might want to comment a little bit more on that.
October 11, 2022
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MS. HODGSON: Hi. We're still awaiting -- for the record,
Kari Hodgson, director for Solid Waste Management.
We're still awaiting the FEMA package approval for permission
to go into the gated communities, but we do have over 800
right-of-entries signed, which is impressive compared to in Irma we
went into with 300. So we're ready as soon as we receive word.
And in areas where there's life, health, and risk to safety, we can go
into those areas.
COMMISSIONER TAYLOR: Like trailer parks?
MS. HODGSON: We're still awaiting for FEMA
reimbursement approval, but, yes, if we prove life, safety, and health,
we will be in those areas.
COMMISSIONER TAYLOR: Thank you very much.
MS. HODGSON: Sure.
CHAIRMAN McDANIEL: Anybody else have any comments
for Mr. Summers?
COMMISSIONER LoCASTRO: I just have a quick question.
I think I know the answer, Dan, or maybe for Kari.
When you look at debris removal comparison Irma versus Ian,
during Irma we had six management sites. This time we have one.
Is that more of an efficiency thing or, obviously, you know, you can
tell we had much more vegetation debris during the windstorm than
we had for this one. But, you know, that's just the only number that
just sort of begs a little bit of an explanation, and I'm sure the answer
is a smart one, not that we cut back or what have you. What's the
reasoning there? Is it a more efficient process?
MS. HODGSON: It's not -- it's not oriented around efficiency.
The challenge comes in is we have 10 times more construction
demolition debris in this storm than was in Irma. A lot of these
debris sites are permitted for vegetation waste. Construction and
demolition is a whole different animal. So when it comes to the
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space, the eyesore that this brings, it's much different, as well as the
FDEP requirements. That's a lot of the challenge that we've faced
with this.
What we did to compensate for that is we've had -- additional
trucks came in. As a matter of fact, we have 10 more coming in
today to try and assist with the one location of the site. And we
continue to try and find areas that will allow a construction and
demolition process.
COMMISSIONER LoCASTRO: That makes sense. Okay.
Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I just want to take a moment
to thank Dan Summers and the entire team. All of us spent quite a
bit of time over at the Emergency Operation Center immediately
following the storm, and you have a very impressive operation. But
what was most impressive to me is you've got -- and the public needs
to know this. You've got 30 or 40 stations at the EOC with people
representing the hospitals, representing the Sheriff's Departments, the
local cities, the local police departments. Every organization that
would be involved in storm recovery is in that location.
And you would have your meetings where you would have the
entire group one by one explaining what their situation was with what
their tasks were. And what was impressive was your knowledge of
every task that every one of those 30 or 40 people had to perform.
And I just want to thank you for that.
We are truly blessed to have a really great emergency operations
team; that goes for all of the teams, the Sheriff's Department, all of
the departments working really well together. It was really
impressive. And so I just want to thank you on behalf of the entire
community, you and all of the county staff and all of the deputies and
law enforcement personnel that were involved in this, just really
October 11, 2022
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impressive.
MR. SUMMERS: Well, thank you, sir. And every time I have
said, this is a team, and this is a community, and we're very, very
fortunate to have a great team. I have a great partner in law
enforcement with the Sheriff and all of the ancillary duties he's
supported us with. And we know there's a lot of work here ahead,
and we understand that. And we think our framework, our plan, is in
pretty good shape, and we'll have to adjust and modify. And I thank
you for the patience, because we know this. We're ready to fix it
today, and we have to take this big animal one bite at a time, and
we'll continue to do that.
COMMISSIONER SAUNDERS: And one other comment, and
a bit of a question. I know our Sheriff's Department, the fire
departments, they all have interlocal agreements, and I know there's a
tremendous amount of effort from Collier County assisting our
brothers and sisters up in Lee County, especially in the islands that
were devastated by this storm.
I'm wondering if there is something that we can do that is above
and beyond what is ordinarily expected. We expect our staff to be
able to assist with things such as building permit applications and
processing that type of stuff in other communities, but I'd like to see
if the Commission is willing and if staff could come back to us fairly
quickly on are there some other things that we can do that are not
necessarily customary.
So, for example, I was meeting with some folks last night
getting cots and blankets and tents to people that are literally
homeless -- they're sleeping in their yards right now -- getting those
types of supplies to these folks. These supplies are being donated.
I'm wondering whether we can perhaps assist with providing
some of those types of supplies in terms of either cash or in terms of
actual acquisition of those types of things.
October 11, 2022
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I'll give you another example. I know we have a tremendous
amount of storm-related equipment and things for our -- for our
evacuation centers. Well, we may have another storm in a week
from now, but there are people that need that type of stuff today.
And I'm wondering if we can perhaps go above and beyond what is
normally expected.
MR. SUMMERS: Yes, sir. And let me comment on that just a
little bit. Our Human Resources Department, Amy Lyberg, is
certainly working on our county employees, as we have many that
lived in Lee County and took severe impacts. So Human Resources
is trying to help there and do some valuation.
Lee County is doing similar. My counterpart up there, Sandra
Tapfumaneyi, Sandra and I are connected almost daily. State
resources that may have come for our event, we immediately
demobilized, and they went back to a staging area in Lee County.
So the equipment that Lee County may need for their operation
has been certainly reappropriated and -- or reassigned. So they are
not -- at this hour not wanting for anything. But we have a constant
visibility on -- and that's what we call a mission, or we can redirect
mission.
So our mass casualty ambulance bus, for example, is an aid
station on Pine Island today. So our mass casualty ambulance bus
and our EMS personnel had been on site right after the event. So
that's one contribution we've made from the county. I know the
Sheriff and other law enforcement, when they've had resources
availability, have supported them.
So a lot on the public safety and emergency management side,
that's automatic for us because we always share within the region.
And the other thing is that we know that, as our Human
Resources Departments maybe have some conversations, we can
help. When those needs get identified, we will all work with our
October 11, 2022
Page 50
nonprofits or I'll come to the County Manager and bring that need
and bring that opportunity. And, again, a lot we can do with -- we
can move commodity. We've got the capability to move supplies
and equipment, and just as soon as that gets validated, we'll find that
we'll source it, whether it's county or private or financial, and we'll
source it and put that out. And it's amazing how the non-profit
organizations have fallen into lockstep with us for supply and
equipment, ordering, and mission deployment and those type of
things.
So I think you're absolutely spot on, and to let you have some
comfort, we have a system that we can turn on instantly as soon as
that request is validated.
COMMISSIONER SAUNDERS: Then I guess the only
comment I would make is, first of all, I'm glad to hear all of that. If
you think of anything that we can do above and beyond that that
would require County Commission approval, that would require
expenditure of funds that would require some budget amendments,
that type of expenditure would be in the public interest, especially
with all of our -- the large number of employees that we have up in
Lee County.
So just if there's something that comes to mind, I think that this
commission is -- it's certainly my hope that this commission would be
very generous in trying to help folks. Obviously, we have to take
care of our Collier County residents. That goes without saying. But
I think it would be important to do a little more if we can in Lee
County just because of the total devastation in some of those barrier
islands, Sanibel, Captiva, Fort Myers Beach. The devastation there
was really just about total.
MR. SUMMERS: Yes, sir. Very good. Happy to do that.
And, again, I know that the Sheriff and I have had conversations
about his workforce impact, and certainly our Human Resources
October 11, 2022
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Department is looking at that, and our fire service. We've had
conversations with our fire partners. So, absolutely, we'll come back
with those opportunities --
COMMISSIONER TAYLOR: Thank you.
MR. SUMMERS: -- for you.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. And I will echo everything
that Commissioner Saunders has said.
And for anybody that hasn't been to the emergency operations
center, it is -- it's an amazing place to see, but it's even more amazing
to see when, unfortunately, it has to be opened up and staffed. It
reinforces my feeling that we have the A team for things like this.
Fortunately and unfortunately, we have the A team for this.
But the one thing that I was going to ask is -- and I assume that
Commissioner Taylor and Commissioner LoCastro get the same
kinds of questions and confusions, and it adds to the rumors and
misunderstanding that's out there, is about power and how you get
your power turned back on. I think at this point, most probably have
their power turned on. But unlike the prior storms that was -- the
damage to the FP&L infrastructure was mainly just power lines.
This involves things that are interior to people's homes, to the
condominium buildings. If we could just explain that twice --
CHAIRMAN McDANIEL: Ten times.
COMMISSIONER SOLIS: -- so that it's clear because it's -- I
mean, this is, I think, the area where there's the most confusion and
the most misunderstandings, and I think this is a great graphic of
what are the steps that an individual homeowner and a condominium
association needs to go through to get their power turned on.
Because what people see is FP&L's working out here, but they
can't -- they won't turn the power on to the building.
MR. SUMMERS: That's correct. And I'll talk about this just a
October 11, 2022
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little bit, and then Jamie is here, and I'll let him talk to you a little bit
about that permitting process.
But, obviously, the concern here is what you can denote is
what's in green. Green is the homeowner's responsibility. So if the
meter received water or the post, the riser post that receives an
aboveground power line is damaged, that is a customer responsibility.
That's the property owner. So from the meter to the street -- a meter
intact to the street is FP&L or Lee Co-op. That's as far as they are
allowed to go. Therefore, if your meter or your mast riser or your
underground service had damage, then you have to call an electrician
and get that addressed.
So their responsibility ends at what we call the meter head or
sometimes we call it the meter can.
The nightmare here, again, you said it exactly right,
Commissioner, it was not a wind event. This is the rising water, and
we all know that saltwater and electricity just don't get along. So
this is where anything beyond the meter that may go to other -- let's
say for a condo goes to other electrical switchgear, then FP&L, for
obvious safety reasons, and Lee Co-op, they cannot energize because
you can generate loss of property and loss of life.
So that mast and that meter needs to be safe and ready to receive
power, and making sure that throughout the rest of the building
saltwater intrusion has not potentially damaged that equipment. And
Jamie can talk a little bit about that process.
COMMISSIONER SOLIS: Yeah. And so just to try to put it
in kind of everyday terms, so even though the power may be on down
the street --
MR. SUMMERS: Correct.
COMMISSIONER SOLIS: -- the homeowner or an association
has to have their infrastructure, their power panel, their breakers and
all that inspected. It's on them to call for that.
October 11, 2022
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MR. SUMMERS: That is correct. It has to be ready to
receive, and that also requires an inspection. And, again, all in an
abundance of caution and safety that we don't energize something
that something could go south real quick.
COMMISSIONER SOLIS: Fire, sure.
CHAIRMAN McDANIEL: And after Jamie we're going to go
to a court -- there's still a lot more to talk about, but we're at the 10:30
bell. So, Jamie, you want to go ahead and wrap this up, and then
we'll take a court reporter break for 10 minutes, and then come back
and address some of these other questions.
MR. FRENCH: Yes, sir, I'll be brief, and then I'm going to
introduce you to your building director.
CHAIRMAN McDANIEL: What's his name?
MR. FRENCH: Richard Long.
CHAIRMAN McDANIEL: I'm joking. I know.
MR. FRENCH: So, Commissioners, for the record, my name's
Jamie French. I'm your interim department head for Growth
Management and Community Development.
So with this -- we are bound by the Florida Building Code.
And so under 468, your Florida Statute, it says that your building
official, who is licensed by the State of Florida, shall faithfully
enforce and administer your Florida Building Code.
When it comes to your electrical service provider, they're the
ones that make the call, and Rich can talk a little bit about that. But
when they have deemed a structure requires an inspection, it has to be
done by a licensed electrician.
COMMISSIONER SOLIS: And the providers, you're talking
about either FP&L or LCEC?
MR. FRENCH: It is their -- yes. They put the requirement on
the property. They either notify the property owner, their customer,
or they notify us, in which case we have put out a number of public
October 11, 2022
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services messages. But I'm going to let Rich talk a little bit about it.
Just a little bit about Rich. Rich is a master electrician. He's
licensed. He's also your building director and has worked in both
large -- for NCH, for large companies, but he also owned his own
electrical -- he was an electrician here in town for probably 20-plus
years.
So, Rich, if you don't mind.
MR. LONG: Good morning. Richard Long, director of
Building Review and Permitting.
Back in Wilma, in 2005, we established a program to get electric
reinstated quickly. So what we do is we have -- the electrical
contractors will go in and do a safety check of the electrical services.
They will then email us a letter on their letterhead that's notarized for
authenticity, and then they deem that service to be safe to reenergize,
and then we communicate that to FP&L and LCEC.
And then if they actually need to repair/replace any electrical
equipment, damaged equipment, a permit is required, but the Florida
Building Code allows us to issue an emergency permit which means
they can start the work and get going, and then we'll actually do the
inspection when they're complete and notify the power company, and
then the permitting aspect of it can follow the next day.
COMMISSIONER SOLIS: So we're expediting that whole
process as fast as we can?
MR. LONG: Yes, sir.
COMMISSIONER SOLIS: Okay. So that's -- again, to
intentionally be repetitive, because as of even last night, you know,
I've been getting emails and calls from folks along Gulf Shore, that,
you know, FP&L won't turn their power on. Why won't they turn
their power on. And it appears that most of it is they haven't taken
this first step to hire a licensed electrician/electrical company to come
in, do this safety check, and then communicate that to the county.
October 11, 2022
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MR. LONG: Since this was a surge event and not a wind event,
the inundation of all of the switchgear and all of that in the larger
buildings on Gulf Shore is a little bit more problematic. So it really
needs to be isolated, checked, and then confirmed that it is safe to
turn on.
COMMISSIONER SOLIS: Okay. Thank you very much.
CHAIRMAN McDANIEL: Absolutely. Did you have a
question for them, Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, just a quick. And,
gentlemen, help me with this. But I think in certainly the emails I'm
getting is, I've been elevated. My house is elevated. I'm -- you
know, I don't know about the man next door who I look down on, but
my house is elevated. You know, I'm according to the FEMA code.
I don't have any damage. Why can't I turn this on?
And so I think it's really a situation where people who have built
up are finding that they don't have power. And I guess you've
explained it, but I know that that's part of it.
CHAIRMAN McDANIEL: Let's do this. Let's set aside the
conversation with regard to power, because there's still more to be
discussed. I have comments that I would like to make. But I'd like
to honor our Sheriff for five minutes. Be still. Don't go away. He
has duties to perform, and I'd like to bring our Sheriff up and have an
update from him, and then we'll go to our court reporter break, and
then we'll bring back Jamie and Rich and grill them on the power.
SHERIFF RAMBOSK: Good morning, everyone. Kevin
Rambosk, Collier County Sheriff. Thank you for giving me just a
minute to give you a quick update relative to operations, because you
have played a big part in operations that have been put in place
through the curfew. I'd like to touch a little bit on that and the
importance of it.
First of all, the tragic events to the north of us, we are doing
October 11, 2022
Page 56
everything that we can do and will do as much as we can do, as
Commissioner Saunders said as well, and the rest of the Board. So
our hearts go out to them.
I will tell you that I have been here 44 years, and in Collier
County this is the most devastating storm that we have ever had.
We've had in the past a lot of horticultural material, and it looked
much worse, but the impact to our residents is much, much worse,
particularly Zone A all the way from Bonita Shores down to
Everglades City.
And the director gave a comprehensive review of what is being
seen throughout the county, but I'm going to continue to ask our
residents to help us. As Commissioner LoCastro said in his group,
many people who have not seen the kind of damage that Zone A has
seen, they are very willing to get the resources to those areas, and that
is great to see, because we continue to work this.
Just to give you some idea, on the day of the storm and a little
bit slowing down after that, 5,000 911 calls that we responded to.
One hundred rescues that we responded to. We've made curfew,
which I want to thank and recognize you for that. That's a difficult
decision to make, because we want to support our residents' ability to
get where they need to go. We want to support our businesses, our
restaurants, to make sure that they can operate effectively.
But I'm going to tell you over the last several days of this curfew
that has been put in place, we have had, throughout the county,
thousands and thousands and thousands of people come. Most of
those people have come here truly to assist and to help us rebuild.
I'm going to tell you that not all of them have. And we have been
setting up a variety of programs to address the mass amounts of
people coming in here that are coming into neighborhoods that are
scaring residents to death and to engage in criminal activity.
And I'll tell you, since the curfew has been in, just a couple of
October 11, 2022
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examples of what we've been able to do. I'm going to say and ask of
the public, there's no reason for you to be out between midnight and
6:00 a.m. in Zone A with the amount of property damage that is out
there. We have found people roaming. We have made arrests. We
had, in the first couple of nights, 19 arrests. Of those -- 13 arrests.
Of those, nine were felons from everything from child molestation to
armed robbery and burglary, and they were not here to help.
We had four individuals that were felons and gangbangers from
New Orleans that were arrested, and they were not here to help.
So the support that you have given us to enable us to have a
curfew has absolutely worked. We've been working with the County
Manager. We've been working with the Chairman. We've been
reviewing the data, the need. We are scaling that back, there's no
question. But there are still some areas that we need some help in.
And for the most part, the public has been very supportive. We
understand that. We're going to try and balance that all out. But we
are still some time away from -- well, normalcy is going to be years
for Zone A. That I can -- that I can tell you. That you already
know.
Two last things. We have put in place an enhanced safety and
security plan for Zone A for that whole region from Bonita Shores
down to Everglades City with additional staffing. We had on, for
the last three weeks, 1,000 of our members. And if I didn't
recognize them, I want to recognize the men and women of the
Collier County Sheriff's Office for doing a fabulous job. Naples
Police Department, Marco Police Department, all our fire rescue
districts, all our city fire departments, Emergency Management and
EMS, because we have all been out there responding to these calls.
And I think it's important that our community knows just how great,
as you've said, all of those first responders are.
And the term I just heard, our second responders, are utilities
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staff. They are fabulous, because they are going to help us to move
forward.
So just a quick little overview: We will continue to put in place
programs. Our second, after our community and safety plan,
enhanced plan, we did our community reassurance plan, going into
neighborhoods, setting up on streets, asking people what they need.
I would just, again, ask the rest of our community, those who were
not impacted, please understand we still have a lot of calls for service
in the impacted area.
CHAIRMAN McDANIEL: Thank you.
Commissioner Taylor, did you wish to speak to the Sheriff, or
was that from before?
COMMISSIONER TAYLOR: That is from before.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro,
did you wish to speak to the Sheriff before we go?
COMMISSIONER LoCASTRO: I was going to just say
something after. It's not specifically for the Sheriff. It's just an
add-on.
CHAIRMAN McDANIEL: Okay. Let's -- thank you. I want
to say thank you to you, sir, for you and yours and all that you've
done for our community.
SHERIFF RAMBOSK: Thank you.
CHAIRMAN McDANIEL: It goes without saying.
SHERIFF RAMBOSK: Your staff's great as well.
CHAIRMAN McDANIEL: Let's go ahead and take our --
COMMISSIONER LoCASTRO: Can I just add my quick
comment? Just with Dan here and the Sheriff and everyone, I mean,
I won't go through everyone that's been thanked, because we know
fire and the EOC, but one little -- little nugget of superstars was the
311 operators. Most of them were librarians. And if you went into
the 311 room, zero calls they got were thank you for all that you're
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doing. You're doing a wonderful job. I just wanted to say have a
nice day. I kind of jokingly said, I think all those operators need to
be drug tested because they all had an -- and I say that tongue in
cheek. Their attitude was amazing. And, Dan, I don't know how
many thousands of calls they took, but they relieved so much
pressure, answered so many questions.
CHAIRMAN McDANIEL: Over 6,000.
COMMISSIONER LoCASTRO: Over 6,000. You know, we
tried to do a really good job making sure that 911 wasn't the default
number when you just had a question. But, I mean, they took some
very big questions -- you know, and some ridiculous ones, too.
People calling asking, you know, when does the Bonita Springs Kia
dealership open up? That was an actual call.
But those ladies and gentlemen that were in that room were
really superheroes manning those phones 24/7 so -- and a lot of them,
they weren't operational operators. I was shocked to find out that
most of them work in our public libraries. So, you know, thanks to
them, and that was a big important node of the EOC that was sort of
behind closed doors but relieved a lot of pressure and answered a lot
of questions.
CHAIRMAN McDANIEL: Very good. We'll be back at
10:55.
Thank you, Sheriff.
(A brief recess was had from 10:45 a.m. to 10:55 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: Yes. If everybody could -- we
can't really do anything. You've got a few seconds here -- minutes
till my colleagues get back. Well, there's one. So as soon as there's
three of us, we're going to resume. So if everybody please would
wind it down and go to -- go to your respective spots.
So, Commissioner, our County Attorney says we can't conduct
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business till there's three of us up here, so...
MS. PATTERSON: Here comes one.
CHAIRMAN McDANIEL: There we go. Now we're ready to
go.
Well, Commissioner Solis and Commissioner Taylor will be
back in just a few minutes. I just would like to -- we kind of left
our -- Jamie French and Rich, if you fellows would come back to the
podium. I'd like to just go through the reestablishment of power
process for -- I think Commissioner Solis jokingly said for the third
time, but it might be for the 50th time.
It is a rather daunting task for people that don't know how the
systems, in fact, work. The county goes out and does an initial
storm assessment, damage assessment, basically not an inspection,
but we drive by and see a waterline on somebody's house, and it's
determined that they're marked. They're marked as having received
flooding, at which point, then, the power company is notified of those
addresses, and then the power company and their reenergizing
process requires those homeowners to bring in an electrician to
certify that the property is ready to be energized again, and they won't
turn on that home until a private electrician is brought in and certifies
that that home is prepared.
MR. LONG: Correct.
CHAIRMAN McDANIEL: Okay. Okay. And that's a -- for
those of us who didn't know -- I didn't know. I didn't know that that
was the case. This is a -- as has been stated, this is the -- from a
flooding standpoint, this is the worst storm we've ever had. And I've
been here for 41 years.
So I wasn't aware that there was a requisite a private contractor
that had to come when you receive flooding to certify that your home
was ready to receive power. So if you could just go through that
process one more time.
October 11, 2022
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MR. FRENCH: Sure. Again, for the record, Jamie French.
Commissioners, we use the FEMA damage assessment tools to
make determinations on the level of damage. What FP&L chooses
to use or LCEC chooses to use, they're a private utility provider. In
this particular case, if appears that they have chosen to use our data
based off of our field assessments that are required to go to the state
and to the federal government.
As the electric service provider, and in my conversations with
both agencies, they've chosen to use this data, so there is an
assumption that the branch circuitry was affected. So whether or not
your home was elevated or not -- and we use that rule of 18 inches.
The Florida Building Code talks about 12 inches. We've kind of
stretched this.
COMMISSIONER SOLIS: Eighteen inches of?
MR. FRENCH: Eighteen inches would equate to major
damage, sir.
COMMISSIONER SOLIS: Of flooding?
MR. FRENCH: Of flooding. So the best we have is that
outside waterline. Whether we're walking a community or driving a
community, clearly you can see that silt or the -- for lack of a better
term, that waterline that you can clearly identify on the outsides of
the buildings. We do not know what has happened inside of that
structure. But using that FEMA tool and then making that
information available, we believe that that's how the power provider
has made those assumptions.
And in many cases, more cases than not, they were correct.
There is branch circuitry that either remains downstairs, and without
an electrician coming along and either inspecting that or properly
locking that out and giving us -- giving the power provider some
level of assurance that this has been locked out or it's safe to
reenergize.
October 11, 2022
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And I would also address that we have waived this permitting
requirement. Where typically a permit would be required, we're
simply relying on a letter from an electrician. Because it is private
property, we need that electrician to state that they are properly
licensed, and that would be in adherence to the Florida Building
Code.
We simply make sure that we review it. We make sure that it's
consistent with the law. We forward it immediately. Even over the
weekend, we had three, four electricians or electrical plans reviewers
working on call and monitoring our email dropbox 24 hours a day.
And we also had a call center that we stood up over the weekend to
make sure that we got this message out and put out some messaging
even online and in paper.
So that's really what we've seen from the electrical service
provider, and we're still, again, staying consistent with the code. But
I believe they're really -- their concern is that they've started to
reenergize certain communities, especially Lee County, we've seen a
number of house fires.
COMMISSIONER SOLIS: Right.
MR. FRENCH: Because when you have that level of
inundation, whether or not the breaker box went under water or
whether or not it was impacted by water, perhaps we don't know what
the situation is in the home and how old the home is, and it has
been -- it has been associated with fires.
And the electrical service providers made it very clear to us that
they don't want that level of liability. So they do have the authority
to come back and say, as our customer, we will not reenergize you
until we know that it is a safe structure. And this is the only way we
know how to do it. And it's in adherence with the law.
CHAIRMAN McDANIEL: Very good, thank you. While I
have you here, I would like to talk about fees in regard to and
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requisites for permitting for reconstruction.
I know -- if I recall, one of our days at the EOC, we had
administratively lifted the height for removal of drywall, and there
was a requisite for permitting.
MR. FRENCH: We waived the permitting requirements
already for the demolition portion. Typically, you would have a
demo permit.
CHAIRMAN McDANIEL: Does this board have to back you
up and --
MR. FRENCH: Nope.
CHAIRMAN McDANIEL: -- say that that's okay, or are you
going to take that one on the chin?
MR. FRENCH: Sir, that is the -- again -- and the reason why I
point out 468 is that is the call of your building official who is state
licensed by the State of Florida. That's who he answers to.
CHAIRMAN McDANIEL: We got you, okay.
MR. FRENCH: So he made that call, and we're appreciative of
that, because it allows -- we wanted all the wet stuff out of the house.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: Jamie -- I'm sorry. Would you
please explain -- because you educated me yesterday on the code and
who is ultimately responsible for enforcing it. We are, but
who -- where does it come from? State or local? Can we fudge
things here? I think people need to understand that.
MR. FRENCH: So in a typical building environment, your
building official at all times is licensed by the State of Florida, and it
says that he shall faithfully enforce -- interpret and enforce that code,
and there's some important words there that the state statute uses
"without interference." So he -- it is on that license holder from the
state to interpret and enforce that code.
In this particular case, we have leaned on them. But when you
October 11, 2022
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get into what FEMA would refer to as substantial damage as a result
of a natural disaster, there is a 50 percent document that is required
by FEMA and by the State of Florida and the Florida Building Code
where they have to demonstrate that the cost to re-establish
occupancy pre-storm -- so it doesn't necessarily need to be granite
countertops, it doesn't need to be high-end finishes, but it needs to be
a cabinet. It needs to be a countertop. They need to be able to live;
to cook, to clean, to occupy the structure.
That needs to be less than 50 percent of the improved value of
the structure. And in the event that it is not, then at that point then
we get into a different discussion. And only the -- only the -- I
believe only the Florida Legislation or the Governor could waive that
requirement. But that gets into some insurance discussions on
reinsurance. It also would affect -- it could potentially affect your
overall risk rating when it comes to reinsurance of your community.
So it looks at a number of things to include repetitive loss
properties. It includes the reconstruction. Because we recognize
that some of these areas, the Florida Building Code did its job. Even
when we look at Vanderbilt with the breakaway walls, they were
designed to break away. But when we walk that community, the pile
caps, the pilings, everything was intact. We're not really talking
about demolition of buildings as much as we are the reconstruction,
and there is a cost that's associated with that with the 50 percent rule.
CHAIRMAN McDANIEL: Occupiability. You and I talked
about that as well.
Commissioner Solis.
COMMISSIONER SOLIS: Yeah. Just to try to help people
get a sense of how things are going to go. And I know this is -- the
answer to this is probably, well, that's kind of up to FP&L. But once
a homeowner or an association provides you the letter, we're
processing those 24/7. What's your ballpark on how long from that
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point where that's communicated to FPL to where the power comes
back? And these are just the questions that we get from
the -- especially Gulf Shore, along Gulf Shore, is how long is it going
to take?
MR. FRENCH: I'm only aware of one or two, and it took two
days after they received our letter.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And that's a pretty fair assessment.
You know, the grid system -- there was subsurface infrastructure
circumstances with the flooding and the power companies' capacity
to supply. Your house might have gotten designated as having
received flood waters, at which point then you're required to get an
electrician to come and certify that you're okay. And while
FPL -- your house might be energized with three of your neighbors.
Your meter and box are at 11, 12 feet, and your neighbors are older
homes.
And, as Commissioner Taylor said, you're looking down on
those people. Their meters are at five feet or six feet. And then
FPL has to go back and then individually isolate your home away
from typically who would be turned on during that -- during that
energizing process and that, again, takes some additional time as
well. That's some of the applications that the power companies are
running into with the individual. Even though you're sitting there
ready, got your letter, Rich has responded, FPL knows it, they have to
go and individually isolate your home so it can receive the power so
it doesn't energize someone else's mistakenly. Typically, it would
come from the transformer and go to three or four houses.
COMMISSIONER SOLIS: And then one other rumor that's
out there is that we're keeping FP&L from energizing buildings and
things after 5:00 or 6:00 in the afternoon; that we have some kind of
curfew that relates to FP&L workers, and that's just not true either,
October 11, 2022
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right?
COMMISSIONER TAYLOR: They've been around the clock.
MR. FRENCH: So utility service providers are protected, or
they're spoken about within the Florida Statute, and we do not
regulate them at a local level.
COMMISSIONER SOLIS: Right. So they're -- that's a rumor
out there that I've heard, and that's why it's taken so long. That's not
true. FP&L is working 24/7 to reenergize.
CHAIRMAN McDANIEL: They pulled back a little bit
Sunday when the big storms came in on Sunday just because of
inclement weather and the safety of their workers, but that had
nothing to do with the government -- county doing anything with
them.
COMMISSIONER SOLIS: Right.
COMMISSIONER TAYLOR: So one night, just coming
westward on Davis Boulevard -- and this was maybe three or four
days after the hurricane -- I counted 13 Florida Power & Light trucks
coming out of a side road into the road, 13. I mean, and -- but it's
not just that. It's Pike. It's a lot of them. They're here, and they're
doing an -- we're -- our support systems are doing a great job.
COMMISSIONER SOLIS: And people need to appreciate how
dangerous that line work is.
CHAIRMAN McDANIEL: Oh, jiminy Christmas.
COMMISSIONER SOLIS: Because I saw it. I saw they were
reattaching -- there was a three wire, which is, I guess, a pretty high
voltage thing, and it has some kind of some breaker on it. And the
line guy had these big sleeves on, and he went to pop that in, and it
popped out. And, I mean, the arc in the flame shooting out from this
thing. And he was in a bucket, you know, right next to it. I jumped
out of my chair, because I was watching it from the porch. It's really
dangerous work, and I think everybody needs to appreciate that is
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something that has to be done methodically, not only for their safety,
but everybody else's safety.
CHAIRMAN McDANIEL: For the community, sure.
Before you go away, I'd like to have just a brief reiteration and
maybe a discussion amongst us with regard to permits at large and
fees regarding those permits at large, and let's have a little discussion
about that, if you would, please.
MR. FRENCH: Sure. So upon your state of emergency, one
of the things that we had done is, early on a few years ago, your fees
automatically reduce to 50 percent when you have a state of
emergency for those impacted structures. So we're not talking about
a new single-family home. We're talking about a home or a building
that was impacted.
In this particular case we've also gone back and reevaluated the
number of reviews. So in many of the cases where you've got
inundation of water, it might require somewhere between 10 and 11
different plan reviews, inspections to be in adherence with the Florida
Building Code.
We've gone as far as worked with our building official and our
staff to where we no longer -- we're not requiring engineered
permitting documents. You're simply just tearing out and
rebuilding. But there are some things that we do need to look at to
keep the county and that property owner in adherence with the
Florida Building Code. So we've reduced that to about five different
inspections, so from 11 to 5.
Your fees are 50 percent for your application, for your review,
and so there's already a discounter put in there, and we're expediting
these just as fast as we get them.
So, again, you've got contractors that are working ahead of us,
and we're going back and doing the rough electric, we're doing the
rough plumbing, especially when you're ripping out countertops,
October 11, 2022
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things like that, and then we're doing the insulation, which is
required, especially on those outer walls. That's consistent with the
Florida Building Code.
So we're inspecting for all of these things, and even if they're
doing video inspections, taking photos, we're going back to make
sure that they -- as they reoccupy this structure, that it is a safe
structure, and that three years from now when we go through the
FEMA audit review process, that we're in concurrence with the
Florida Building Code as well as with FEMA standards, because as
these programs or as these policies start to get called upon by the
policyholder, the insurance company's going to come back and say, I
want to make sure as I reinsure or as I continue to insure this
property, that it's consistent that's a safe structure.
So we've thought about this all throughout the process. And,
again, we have reduced by more than half the number of inspections
and reviews that a typical building would have just, if anything, to
help people get back on their feet and to get contractors working and
to get people back in their homes.
CHAIRMAN McDANIEL: And not to, certainly, to
take -- certainly, from a safety standpoint. I was just -- my thought
was, if -- and, again, I don't want to cause more trouble than is
necessary, but one of my thoughts, we've never had a storm like this.
There hasn't ever been this much personal or real property damage
before. And I wouldn't be opposed to a deferral of those fees for and
until we're through with the majority of the construction and then a
triage and a report back from our staff as to what that aggregate
number is, and then this board decide how, when, and where and
what we do with those fees. So that's just -- that's just --
Commissioner Taylor.
COMMISSIONER TAYLOR: May I second that?
Mr. French's department is an enterprise fund. It's a business.
October 11, 2022
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CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: Money comes in. Money is
spent. You don't get the money coming in, you don't spend it.
So I think if there was some way -- and I may not be here when
this is discussed. But if there's some way that we can craft
something in a state of emergency such as this that if we can, as
much as we can assist our citizens -- many of them don't understand
that they might be underinsured.
CHAIRMAN McDANIEL: Or not.
COMMISSIONER TAYLOR: And I have very, very
sophisticated people living around me that didn't realize like, for
instance, if you have a flood policy and you do not include within
your flood policy your goods, your home goods, you aren't covered
for the loss of your furniture withinside your house. So things like
this are confronting our people.
So I would ask if it's the decision of this board to somehow defer
or not charge permit fees right now, that somehow the General Fund
or whatever is decided --
CHAIRMAN McDANIEL: Well, we'll decide how.
COMMISSIONER TAYLOR: -- is a set-aside.
CHAIRMAN McDANIEL: Commission Saunders has a
comment, and he's -- Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I'm glad you brought
that up, because I was going to under Commission communications.
I think we should waive permitting fees. Not defer them, but waive
permitting fees for anyone that is reconstructing a house that was
damaged from the storm. Now, that doesn't apply to someone who's
going to build a new home on a vacant lot. I'm talking about people
that have verifiable storm damage and are getting permits. I think
the permitting should be -- fees should be waived.
CHAIRMAN McDANIEL: My thought was -- Commissioner
October 11, 2022
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Saunders, I don't mean to interrupt. My thought when I brought it
up was a deferral for now and then triage after the fact, and then we
figure out how to pay for it.
COMMISSIONER SAUNDERS: Let me finish, because
I -- you mentioned the deferral, and I'm just saying that I think it
would be more appropriate and a whole lot easier, quite frankly, to
waive the fees. It's going to be an expense to the General Fund, I
understand that. But we have a lot of folks that are suffering, and
this deferral idea just gives another issue to be worked out down the
road.
So when it comes to the right time, I had planned on making a
motion to waive fees but to waive those fees for people that are -- that
had suffered damage from this storm and are repairing that.
CHAIRMAN McDANIEL: From -- and I'm totally fine with
that. And my miscommunication was ultimately to waive them.
All I -- I wanted them deferred today, then triaged, and then an
amount come back, and then our staff tell us how we were going to
pay for them, whether it came out of the General Fund or wherever.
So I'm totally fine with waiving them now if we can.
COMMISSIONER TAYLOR: Can you make the motion?
COMMISSIONER SAUNDERS: I'll make that motion.
CHAIRMAN McDANIEL: Let's hear what he has to say first,
and then --
MR. FRENCH: And I apologize. Just for clarification, we
will certainly do that, and we'll bring a report that shows what your
total cost was and how you would fund that operation. We'll
certainly work with the County Manager's Office and our budget
office. However, just these -- waiving these fees is not a
reimbursable expense for FEMA to the county but, also, many
insurance policies, this is part of their reconstruction cost. So
whether or not -- you're still going to pay a deductible. Your
October 11, 2022
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permitting fees are covered. Loss of use -- as you said, loss of use or
loss of household goods, you may be underinsured. But just for
clarification, I don't want you to tell you [sic] I didn't say anything,
but we're good.
CHAIRMAN McDANIEL: You okay with that?
MR. FRENCH: Yes, sir.
CHAIRMAN McDANIEL: So you'll -- would it be your
preference, Commissioner Saunders, to waive them now or --
COMMISSIONER SAUNDERS: Well, I'm not sure now.
CHAIRMAN McDANIEL: Defer them and then waive them.
COMMISSIONER SOLIS: He just made it complicated.
CHAIRMAN McDANIEL: The goal was to defer them now
and then figure out what they are, and then waive them.
COMMISSIONER SOLIS: But if I may --
COMMISSIONER TAYLOR: If they're covered --
COMMISSIONER SOLIS: -- I think Mr. French just brought
up a tricky point for the homeowners with their insurance, because it
would be a covered expense. I mean, you'd have to meet your
deductible.
CHAIRMAN McDANIEL: Correct, but they wouldn't have
that expense if we were deferring them and then, ultimately, waiving
them. I mean, that would just be part of the -- part of the not
expense associated with the rebuild.
COMMISSIONER SAUNDERS: Maybe we need to have staff
come back to us.
CHAIRMAN McDANIEL: How about if we defer them for
now and then come back?
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN McDANIEL: You like that idea?
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN McDANIEL: You okay with that?
October 11, 2022
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COMMISSIONER LoCASTRO: There's a few complications.
MR. FRENCH: Staff would agree. And I'm sorry, yes.
COMMISSIONER SOLIS: And one of the complicated things
that came up for me was, okay, define damage by the hurricane. Is it
a shingle off your roof? Is it --
CHAIRMAN McDANIEL: Period. All. Well, for now,
let's --
COMMISSIONER SOLIS: Yeah. I think there's a lot to flesh
out. I agree with it, but I think there's a lot of issues that we
probably need to --
CHAIRMAN McDANIEL: Do you want to make the motion,
or do you want me to?
COMMISSIONER SOLIS: -- work through.
COMMISSIONER SAUNDERS: Well, I'll withdraw my other
motion. And I'm not sure what the motion would be, but go ahead.
CHAIRMAN McDANIEL: My motion is to defer the
permitting fees associated with the hurricane damage.
MR. FRENCH: From damaged properties.
CHAIRMAN McDANIEL: Yes. And come back to us at our
next meeting with a -- with some semblance of a report as to what
those fees accrued so far are. And, again, we'll triage those. This
isn't brain surgery. We can triage those and determine that
somebody that's applying for a new construction permit, that's not
hurricane damage, but...
MR. FRENCH: So just for clarification, what we'll do is we'll
hold -- if it's okay with the Board, we'll hold their certificate of
completion. In this case it's not a certificate of occupancy. We'll
hold that till final payment or till the Board makes a determination so
that way they can continue to work.
We won't collect application fees or permitting fees going
forward. We'll just hold those in abeyance until we get further
October 11, 2022
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guidance from the Board, and we'll bring back a report to you, if that
works. We'll separate out commercial from residential, because
there may be some cases where you want to focus more so on certain
properties just to try -- again, trying to help the community to get
people back in a home. But we'll bring all that back to you.
CHAIRMAN McDANIEL: Commissioner Taylor, have you
got a comment or second?
COMMISSIONER TAYLOR: I'll second it, but I have a
comment. Would -- assume we have an aggregate number of
the -- at the end. Will FEMA come in and reimburse the county for
that loss?
MR. FRENCH: No, ma'am.
COMMISSIONER TAYLOR: It has to be an individual by
individual, okay.
MR. FRENCH: (Nods head.)
CHAIRMAN McDANIEL: Got it.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: As part of that presentation
back to us, a big piece that I would like to hear about, too, is how
we're going to expedite permits. You know, I had two town halls
last night, and a word that I heard from a lot of citizens that scared
me -- and we corrected the record -- is we're not streamlining
anything.
Jamie, you told me in my office, and it was a really great thing
to repeat here, the law hasn't changed on how to build construction
because we had a hurricane. So we're not looking to cut corners and
then find out three or four years from now we have some massive
damage because of a bunch of streamlined permits.
But on the flip side, I want to hear that we have a really
aggressive way to triage permits to maybe beef up the staff more, if
you haven't done that already, because permits are going to pour in
October 11, 2022
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here, and what we really don't want to hear from citizens is my
contractor's ready to go, the permits are in, but, you know, county's
moving so slow. And my contractor actually started doing the
repairs anyway, because he said he couldn't wait on the county. I
mean, that's a really bad idea, and we mentioned that at the town halls
that I had last night.
But as part of that -- you know, just lastly on permitting, when
you say that that amount is reimbursable and then that citizen could
pay the permitting fee because they got it back from their insurance, I
mean, I don't want to sound like I'm not sympathetic to, you know, all
the costs that everybody has and the damage, but, also, too, we don't
want to sort of gyp the county out of getting money that could be
coming back to us from insurance companies and whatnot. In the
end, that goes into a fund that helps all taxpayers.
So if we artificially dwindle or lessen that fund to try to be, you
know, good Samaritans, but the reality was that money actually could
have been reimbursed to the citizen, then paid to the county, and we
didn't take such a big hit, just make that -- I'm looking for that fidelity
in your presentation to make sure that we sort of don't lean so far
forward in a good way but we maybe sort of miss the nuances of, you
know, gypping ourselves out of being able to reimburse the General
Fund and have the funds available to the county to do a whole bunch
of things because, you know, we gave everybody a free coupon.
And, you know, some people benefit better from a free permit than
maybe others.
CHAIRMAN McDANIEL: We don't give anybody a free
coupon. And that was the premise of the deferral, triage, review,
and then our staff comes back and tells us how we can afford to help
our citizens. That's --
COMMISSIONER LoCASTRO: But let us know if you need
help, too.
October 11, 2022
Page 75
CHAIRMAN McDANIEL: Yes.
COMMISSIONER LoCASTRO: You know, I mean, I know
you can't hire 20 people tomorrow, but the permit process is
complicated. And let us know how we can help to expedite those
permits as quickly as possible and correctly.
MR. FRENCH: The only thing staff would request is that from
this board, as well as from the community, hire a licensed contractor.
As the Sheriff said, there are so many different people. And thank
goodness for our relationship with him, our Code Enforcement, our
licensing staff. We are finding this where out-of-town folks that are
not qualified --
CHAIRMAN McDANIEL: Be still. Let me take care of the
motion, and then I want to talk to you about that. That's next on the
list before you leave me. Okay.
So it's been moved and seconded that for now we defer the
permit fees associated with the reconstruction of hurricane damage.
Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Now, a brief reiteration -- because that was next on my list, and
that's a brief reiteration of what folks should be looking for when
engaging with a contractor or somebody that's walking up to offer
them assistance from a contracting licensure standpoint, insurance,
October 11, 2022
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workers' comps, and so on and so forth. Just a brief, brief
explanation.
MR. FRENCH: Sure. So it's a -- we have seen -- in fact,
Deputy County Manager Finn and I, allegedly, may have been out
late at night and --
CHAIRMAN McDANIEL: Allegedly.
MR. FRENCH: -- off of Tradewinds. And, "allegedly," I say,
because I -- other than the Sheriff's Office, I don't think anyone knew
we were there. But we ran upon a contractor that was doing
demolition late at night from New York.
And so I walk up to him, and I'm like, what are you doing?
He says, I'm doing work.
Are you getting paid?
I mean, so we have a line; we go through it. He was getting
paid, and he was unlicensed. And now, granted, he was being
hired -- he was hired by the homeowner to do that and, luckily, he
handed me a business card from a local licensed contractor. So I had
a conversation at 6:30 the next morning with that contractor. And as
simple as this: If they want to bring in qualified or technical staff
from out of state from out of -- they simply just need to put them on
their payroll, and they become -- then they qualify them.
And so we encourage that because it does protect the
homeowner. It makes sure that folks aren't getting ripped off and
makes sure that if you do have an insurance claim, that you are going
to get reimbursed.
So I can't stress enough to hire a licensed -- licensed electrical
contractor, but a licensed contractor for any type of work.
But also, in anticipation of a very bad event, the Friday
before -- I'm sorry -- the day before the storm arrived, we had an
emergency contractors license meeting where your Contractors
Licensing Board assembled and they passed a resolution to allow for
October 11, 2022
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the emergency or the expediting of licenses for these licensed people
from out of town to come in and get them qualified, to get them
licensed. This went from roofers to people that do residential
contracting.
So we're well ahead of this. Again, we've been working with
the Sheriff's Office and our staff, and we are canvassing the
community. So licensed contractor always, please.
CHAIRMAN McDANIEL: And what documentation should a
homeowner request when a licensed contractor comes and offers their
assistance? Just briefly.
MR. FRENCH: Thank you. You can -- every state-licensed
contractor, you can find them on the licensing portal of the Florida
Department of Professional Business Regulations, so the DBPR
website. Also feel free to give us a call at 252-2400. Our
contracting licensing staff stands ready and able to help. Also, they
can provide documentation. It will either say GC or CGC. It will
actually provide. And we're not just looking for a business tax
receipt. So any business that operates within the State of Florida is
required to go to the local tax collector and get a business tax receipt.
That's -- if they demonstrate that, that's not what we're looking for.
Every business has one. We really need to show that they're
licensed in that trade or in that element of construction that they're
providing for.
CHAIRMAN McDANIEL: And with that --
COMMISSIONER TAYLOR: Go ahead.
CHAIRMAN McDANIEL: Excuse me.
COMMISSIONER TAYLOR: I'm sorry. No, go ahead.
CHAIRMAN McDANIEL: With that licensure comes workers
comp, comes liability insurance, comes all those things. With that
single --
MR. FRENCH: Errors and omissions, everything.
October 11, 2022
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CHAIRMAN McDANIEL: With that single checkpoint for the
licensure. Okay.
MR. FRENCH: That's correct.
CHAIRMAN McDANIEL: Commissioner Taylor, did I step --
COMMISSIONER TAYLOR: No, I just -- so in other words, a
GC that's licensed here can bring people in to work under his license
because then they're insured?
MR. FRENCH: Correct.
COMMISSIONER TAYLOR: It's like the umbrella.
MR. FRENCH: He needs to put them on payroll.
CHAIRMAN McDANIEL: They vet those contractors from
out of state, and that contractor then assumes the responsibility with
our building official.
COMMISSIONER TAYLOR: Great.
COMMISSIONER SOLIS: Well, but Florida contractors
shouldn't loan out their license.
CHAIRMAN McDANIEL: Agreed.
COMMISSIONER SOLIS: They have to be -- the workers
come -- I mean, we're getting off into the weeds here, but this is
important for people to understand. I mean, these out-of-town
workers need to be on that -- the Florida contractor's payroll.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER TAYLOR: That's right.
COMMISSIONER SOLIS: There's all sorts of things about
qualifying --
CHAIRMAN McDANIEL: We weren't suggesting --
COMMISSIONER SOLIS: -- a construction business.
Because I know that's out there.
CHAIRMAN McDANIEL: It is.
COMMISSIONER SOLIS: Florida contractors can't loan their
license out to out-of-state --
October 11, 2022
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CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: -- contractors.
MR. FRENCH: That's what we encourage, sir.
CHAIRMAN McDANIEL: Anybody else have any questions
for Jamie before I go to the next?
(No response.)
CHAIRMAN McDANIEL: Okay. Dr. George, I didn't mean
to disturb you back there. If you would please start heading this
way.
And, Ms. Kari, while he's making his way up here, I do have a
couple of questions with regard to the debris mission, if you would,
please.
Just -- and it's more of a reiteration of what it is we're doing. I
know that we have, in absentia, given priorities to the debris
collection removal, so on and so forth. And there is -- I received a
report, I think, yesterday which was a cumulative report that was
very, very specific about how many trucks there were, what the daily
haul amounts were, estimates and so on. If you could make sure that
we get those reports as often as is possible. If it is every day -- if
you're generating that report every day, I'd like to see it every day.
MS. HODGSON: Absolutely. That's certainly something we
can provide to the commissioners every day. What we've did is we
have 90 percent of the fleet focused on these areas that have been
impacted by flooding and storm surge. The highest priority is
anything that is those life safety and health risks, that construction
and demolition debris.
We understand and we've seen -- we've been out. We are doing
the assessments just as our Growth Management folks have. We've
worked with them on flooded structures, so we know where there's
concentrated areas of flooded structures. We're putting a lot of
forces in there.
October 11, 2022
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This is week two of debris removal. So we started four days,
five days after the storm. So within the first seven days, over
130,000 cubic yards have been collected. We've got the fleet of 142.
We're going to stay in these areas where there are these heavy
concentrations of these risks that are out there. As soon as we
remove it, it comes right back out. So there is -- again, 90 percent of
the fleet. In the other areas of the county where there are -- is other
substantial damage, we do have presence there.
By week four, everyone will see a truck every seven days is the
goal. So we haven't put out route maps or anything of that nature
because we are really staying focused.
Isles of Capri is a great example. Barefoot is a great example.
We, the day after, made a list of about seven areas along the coast
that we were just very concentrated on due to the volume of damage
from the storm surge.
I hope that answers your question.
CHAIRMAN McDANIEL: It does. And I really appreciate
you sharing that just because -- I mean, we have spoken about those
priorities and how we're managing through that. And just because
there's a pile in front of someone's house and we go get it doesn't
mean that there isn't another one the next day. We just -- they have a
certain amount of capacity, so --
MS. HODGSON: Sure.
CHAIRMAN McDANIEL: -- I really appreciate that.
MS. HODGSON: Yes.
CHAIRMAN McDANIEL: Commissioner LoCastro, do you
have a question for --
COMMISSIONER LoCASTRO: Just, Kari, while you're
there -- and we spoke a lot last night. My phone's blowing up from
one or two citizens from Henderson Creek. So just if you'd add that
to your list, and we can talk later. But I just thought, while I was
October 11, 2022
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thinking of it and you were standing there -- I mean, I'm very
impressed at how you've triaged and prioritized everything and, you
know, and we've been -- I think we've all been, you know, honest
with citizens that if they have a pile of palm fronds in front of their
house, you know, that's not the priority. But, you know, they had
some flooding there and whatnot, and we can trade notes afterwards.
But I believe they are on your priority list. There's just only so many
places you guys can get to.
MS. HODGSON: Sure. Absolutely. Appreciate that.
CHAIRMAN McDANIEL: I appreciate it. Thank you, Kari.
Dr. George, just a brief synopsis on how we fared with
managing our lift stations, pump stations. I know we made -- this
board -- and four of us were here during Irma, after Irma, and I know
this board made some adjustments from a policy standpoint,
regulation standpoint. If you would, please, how did -- how did our
systems fare?
DR. YILMAZ: Absolutely, Commissioner.
One of the things I want to add to our director in charge, Solid
Waste, indicated, our goal is clean up Collier County, including all of
our cities, City of Naples, City of Marco, City of Everglades before
Thanksgiving. This county will have a clean Thanksgiving, and
we'll enjoy it. That's our ultimate goal in terms of overall cleaning
up Collier County and our cities.
Going back to other critical infrastructure, I want to start with
water. Usually we don't talk about water. I'll get to lift stations,
because we do have lift stations and pump stations in our water
system, too. They are invisible.
First 72 hours, our crews -- first 72 hours after landfall, our
crews were able to fix 344 water main breaks, and three-plus in
Goodland. Why it is important? That's how we stabilize our
pressure, water quality, water production, and not overloading our
October 11, 2022
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wellfields.
First five days to seven days, we were over 400 water main
breaks fixed and stabilized. During this time, we were helping our
partner, City of Naples, providing them water, sustain their pressure
and fire flows, as well as keep their customers flowing with
freshwater.
On the wastewater things, we had about 506 lift stations out of
power going into day five. We had only three SSO, meaning system
sewer overflows, less than thousand gallon. Why it is important?
State warning point has to be notified if it's over a thousand gallons.
So we have done tremendously very well given the magnitude of the
impact.
We have 43 stations down to 36. We have pumper truck relay
operations as we speak. That means we have no service
interruptions to our customers on northwest side of our service area
because of the fact that 24/7 we're moving our wastewater. Oh, by
the way, we're treating it to be IQ water. Now sunshine is up. High
pressure is up. Now our IQ demand is up. Yes, we are meeting
irrigation quality water demand as we speak, and we've never been
out of IQ water quality produced.
And I hope that highlights very briefly what we have been up to
72 hours, five days, and seven days out of storm hit, and also I'm
pleased to inform our governing board that our water system has been
identified by FEMA and Florida Department of Environmental
Protection as one of the safest, so we were able to -- trucking water
out through FEMA contractors to our sister counties north, Osceola
and Lee County, among other cities, that we were able to
provide -- supply with water.
And I'm also pleased to inform you that we were the first county
impacted under federal declaration. Returned within 72 hours
garbage recycling and recycle center operations.
October 11, 2022
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CHAIRMAN McDANIEL: Outstanding.
Commissioner Taylor, do you have something for Dr. George?
COMMISSIONER TAYLOR: Oh, yes. So we -- if I wrote
this down, Dr. George, 506 lift stations out of power the first five
days?
DR. YILMAZ: Yes.
COMMISSIONER TAYLOR: So I assume that the generators
that the tax -- the one-penny tax purchased really came in in
great -- they were put to use, let me put it that way.
DR. YILMAZ: Yes, ma'am, you are correct.
COMMISSIONER TAYLOR: And so now we have -- how
many are out of -- still on generators right now?
DR. YILMAZ: Currently, we have 43 master pump stations
and about six community stations, and there's about less than five on
smaller generator operating due to feeder errors. And also,
Commissioner, just because we have FP&L power doesn't mean it's
reliable. So we continue to operate generators until we have what
we consider steady state clean FP&L power.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Dr. George, thank you very much.
You mentioned SSO?
DR. YILMAZ: Sewer system overflow.
CHAIRMAN McDANIEL: Yeah. And were there any
backups in residential homes like the last storm?
DR. YILMAZ: No property damage. Three reported; they
were fixed overnight.
CHAIRMAN McDANIEL: And the three reported were less
than a thousand gallons, which are the threshold for reporting to the
EPA?
DR. YILMAZ: No, sir. Those are two different things. SSO
is coming from manholes and lift stations, backups to the home,
October 11, 2022
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meaning they are not able to flush. But no property damage. That
was more on their service lines because of the tree damage.
CHAIRMAN McDANIEL: I understand. Okay. Thank you.
DR. YILMAZ: I hope I was able to clarify that.
CHAIRMAN McDANIEL: I appreciate it.
DR. YILMAZ: And I want to also recognize our Facilities
Management team they are silent doers. Out of 560 government
facilities, we have done damage assessment, and we already have our
insurance team, under Jeff Walker, working our insurance claims,
and during the storm, no facility that was activated and actively being
utilized did go out of power due to our reliable generator power
system that we put, we did not have during Irma, including our
shelters.
CHAIRMAN McDANIEL: Outstanding. Thank you very
much.
DR. YILMAZ: Thank you, sir.
CHAIRMAN McDANIEL: Thank you. Thanks to everybody
that was involved in that.
All right. Last but not least, Mr. Summers.
MR. SUMMERS: Yes, sir.
CHAIRMAN McDANIEL: I would like just a reiteration of
your perception of what we're going to do from a housing
perspective. You know, the debris cleanup, prioritization of the
debris cleanup. What is our staff doing to move forward, lean
forward on assisting those that have been displaced?
MR. SUMMERS: There are dozens of pathways, and that's all
I can really best define it right now are pathways. There's no quick,
easy fix to this. So let me reiterate just a little bit.
First of all, the FEMA individual and family assistance, that is
the financial resources to do something. That is also the financial
resources to make some emergency repairs. We are looking at other
October 11, 2022
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funding sources such as the State Housing Improvement Program and
maybe some modifications to available HUD funding. FEMA also
has provided other needs assessment funding which might help some
medically dependent situations.
The additional program, of course, I mentioned, which was Blue
Roof, and then expedited funding from the National Flood Insurance
Program for eligible flood policyholders.
The transition sheltering system, TSA, Transitional Shelter
Assistance, has been rolled out but, again, that is dependent upon
hotel rooms, and we can only hope more hotel rooms become
available. So that's where we are with that.
A temporary housing mission, and, again, there's lots of
challenges ahead of anything associated with a FEMA travel trailer.
Let's make sure that there's a discussion between -- or distinction
between a travel trailer and a mobile home, okay. And if those
programs are -- pardon me. If they are turned on by FEMA, you
want those to be a FEMA-run or a FEMA federally led program,
because they're quite challenging, and there are also very few waivers
or exceptions noted for travel trailers or mobile homes in flood zones
unless they are -- potentially stay on wheels, or they have to be
elevated.
No question, the State of Florida and FEMA are looking closely
at temporary housing mission programs. As I mentioned, because
we are adjacent to Lee County, I can't imagine that whatever is set up
for Lee, Collier will not be eligible. And that may make a little bit
of -- take a little bit of time. If I don't think that there's enough
traction, I'll put in a request for a federally led housing mission.
But, again, I have to stress to you that the requirements are
rigorous. It has not happened quickly. And our best philosophy is
to try to find opportunities to use existing housing resources to the
extent possible.
October 11, 2022
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I know they've had Sheetrock and drywall damage. I
understand that. But we can all get by with a roof and a concrete
floor, if necessary, as a housing unit, and that is certainly one
component that we've talked about.
So, strategically, make the best use of existing housing to the
best that we can, safely as we can. We know a lot of areas are
addressing power needs and power situations that were inundated by
saltwater or impacted. Our hotels, we do have a lot under
construction here, and outside of my swim lane, but certainly keeping
these other projects on schedule, are hoping that these projects in new
construction moves forward or apartments that are in construction.
Hopefully they'll keep moving, because that might afford some of
those folks an opportunity.
So, Commissioner, I'll be real candid, is that we're going to open
as many pathways as we can, and I'm sure, as Jamie French has
already alluded to, find opportunities to speed that along, but it
is -- it's going to be challenging.
CHAIRMAN McDANIEL: And I just wanted -- and Jamie's
left the room for some reason, but I wanted to talk about the capacity
of an individual homeowner to park an RV in front of their home
while they were reconstructing. And if I'm not mistaken that is
permittable.
MR. SUMMERS: It is permittable. I believe it's a no-cost
counter permit, if I'm saying that correctly.
CHAIRMAN McDANIEL: Right. And it's important that we
say permittable, because it's -- it ends up being permissible, but
people go to permission first and then ask later. And we want to
make sure that you go get a permit and that it is hooked up properly,
both in power and disposal of wastewater.
MR. SUMMERS: And Jamie has taught me well on that.
Again, doesn't preclude an HOA restriction. That's important for
October 11, 2022
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your --
CHAIRMAN McDANIEL: Oh, yes. That's a whole 'nother
can of worms.
MR. SUMMERS: -- homeowners association approval. And
then, obviously, the trailers and RV is a DOT-approved type for
utility connection.
CHAIRMAN McDANIEL: Correct. And Jamie's right there
if you would let him speak just a moment on that per --
MR. SUMMERS: Jamie can correct the record.
CHAIRMAN McDANIEL: Permittability. Oh, we had --
MR. FRENCH: I'm going to -- again, for the record, Jamie
French. I've got with us today your interim director of Community
Planning and Resiliency, Chris Mason --
CHAIRMAN McDANIEL: Pretty formal title.
MR. FRENCH: -- who's also our floodplain coordinator for the
county, and Chris has worked intimately on your floodplain
ordinance as well as this policy that you've already adopted. So with
that --
CHAIRMAN McDANIEL: Okay. Hello, Chris.
MR. MASON: Good morning. Chris Mason, for the record.
With regards to temporary permitting for travel trailers -- and
we're really talking about road-ready domiciles -- what we'll be
looking at is to have it be tied to a building permit that has been
identified as been, let's say, a major damage event as far as this storm
is included. So they're really going to be focusing on areas that were
damaged with, you know, home damage, so we don't really see them
just popping up around the county in areas that weren't damaged, so...
CHAIRMAN McDANIEL: Of course.
MR. MASON: Not to see, like, a green light to that.
CHAIRMAN McDANIEL: Certainly, it potentially could
happen where someone would just go apply for a permit to park an
October 11, 2022
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RV in front of their house, but it's got -- the goal is to have it
allowable for permittable for a homeowner that's in the reconstruction
process.
MR. MASON: That is correct.
CHAIRMAN McDANIEL: Okay.
MR. MASON: And what we would do is we would identify it
within our permitting system.
CHAIRMAN McDANIEL: Very good, very good.
Commissioner Taylor, did you have a question on this?
COMMISSIONER TAYLOR: I have a question on -- I think
from Dan, but not specifically this.
CHAIRMAN McDANIEL: Okay. Thank you, Chris.
Appreciate it.
COMMISSIONER TAYLOR: Just briefly.
CHAIRMAN McDANIEL: Go ahead. I'd like to address the
County Manager after Dan's done with you.
COMMISSIONER TAYLOR: Okay. I'm not digressing that
much. But do we -- is our special needs shelter still in operation?
MR. SUMMERS: Our special needs shelter, everyone has been
successfully placed.
COMMISSIONER TAYLOR: Okay.
MR. SUMMERS: We still have a general population shelter
open at North Collier Regional Park.
COMMISSIONER TAYLOR: Oh, good.
MR. SUMMERS: But all -- our -- the relocation of those
individuals, if they did not -- if they were not able to go back to their
home or to another facility or had family or friends, our partners at
Florida Department of Health and Elder Affairs found the appropriate
placement because a special needs shelter is not a great long-term
situation, and we want to get these folk back in a stable medically
supported environment, and we have no one at special needs.
October 11, 2022
Page 89
COMMISSIONER TAYLOR: I do not know this trailer by
trailer, but I know it from driving through the area, which is
Moorhead, and which is off of Bayshore, and apparently there are
some folks within that area that probably need more than a damaged
trailer to surround them. They're retired and they're elderly. So is
there something -- is there some -- how do we approach this? I
know I'm talking on the camera but, still, I think it's important that
people know that we are reaching out into individual communities.
MR. SUMMERS: Well, that's correct, and we made supply
drops there this morning. We put shelf-stable meals, meals ready to
eat -- I'm sorry -- bottled water, meals ready to eat, and some cleanup
kits out there as something to support that community. We
had -- that drop was made this morning. So we are putting some
supplies out there. I know that the manager's office has had dialogue
with the management --
COMMISSIONER TAYLOR: Okay.
MR. SUMMERS: -- out there, and we'll continue to track that.
And, you know, we have -- if we run into a special situation, we
will -- we can possibly -- we have options. We really do have
options.
COMMISSIONER TAYLOR: That's what --
MR. SUMMERS: And we'll -- you know, I won't go into all of
those, but we'll find some opportunity for assistance that is
appropriate and even some placement if necessary.
COMMISSIONER TAYLOR: Thank you.
MR. SUMMERS: We'll do our best.
COMMISSIONER TAYLOR: Thank you very much.
CHAIRMAN McDANIEL: County Manager, did you want to
address a couple of things here with regard to the housing?
MS. PATTERSON: Sure.
CHAIRMAN McDANIEL: With anything, really.
October 11, 2022
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MS. PATTERSON: Absolutely. So I'll just address Moorhead
Manor quickly. We did have Mr. Finn in the neighborhood
yesterday afternoon. It appears that they are -- the management of
that area, of that park, has gone door to door, and they're assessing
their needs. So they do have our contact information so that in the
event there are things that come up as we move into this recovery
process, we'll be able to evaluate that and provide the appropriate
level of assistance.
Mr. Finn can come up if you have any specific questions, but I
think this is just a -- we'll keep a finger of the pulse of that to be sure
that we have eyes there.
Secondly, on the housing, of course, not to get out in front of
FEMA or our state partners, as they are the lead, we still will work
here to understand the inventory. Mr. Beirnes from Tourism has
obviously been maintaining an inventory of available hotel rooms,
which fluctuates almost on a daily basis, and hopefully will improve
as some of these facilities are able to repair and come back online, as
well as we will begin an inventory of what our available apartment
stock is, including those that are nearing completion, so we'll have an
understanding of what may be coming into the market.
Now, we know that we were having an inventory issue prior to
the storm. Don't expect that the storm helped that. So it's going to
be a little bit of a delicate situation.
And, lastly, we'll look unconventionally at what the availability
is in some of these other mobile home and trailer parks where there
may be available sites should folks want or elect to place a travel
trailer. And, again, there's requirements with FEMA about them
remaining road ready and such. But the county will at least have an
idea of where we may be able to place these types of assets should it
come to that and also so we have an understanding of how we may
assist both the state and the feds depending on the type of mission
October 11, 2022
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that they undertake.
CHAIRMAN McDANIEL: Bottom line, it's an inventory of
what we've got available that potentially could be utilized
with -- when FEMA -- it's almost -- as you said, it's almost
impossible to believe that there won't be some kind of a housing
mission with regard to the certain devastation that has occurred in
Fort Myers. And we know we have a good bit of folks who are
displaced personally here in Collier County. And so our
preparations are in front of -- in concert with what FEMA's, in fact,
planning on doing.
MS. PATTERSON: Yes. And just lastly is the ability for
folks to put those travel trailers in their driveways in these heavily
damaged areas may be something that gives people comfort because
it appears that lots of folks want to stay with their property. I
understand they want to be able to work on the property. They want
to secure their property. So this may be a good avenue, and maybe
one of the other ways we can help is talking to folks about how we
may be able to resource because, like all things, supply is scarce, and
getting a line on where people may be able to acquire these types of
travel trailers may be an exercise for both us and some of our
not-for-profit partners.
CHAIRMAN McDANIEL: I spoke to a friend who was
driving from Montana and bought one out there because he knew
there would be a supply issue. And he lives in the City of Naples,
and he's on his way.
So anything else for the good of the order?
(No response.)
CHAIRMAN McDANIEL: No, okay.
Jamie, are you ready, willing, and able to share something I
forgot to ask about?
MR. FRENCH: Yes, sir. Thank you. And I hate to call out
October 11, 2022
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Dani Hudson from our friends over at the Naples Area Board of
Realtors, but we were having some hallway discussion. So the
Board knows that we did very early conversation as, you know, the
storm was making landfall with NABOR to look at the potential for
some of the vacation rental market to find out -- because I'm certain
that most of these property owners may want to maintain some sort of
level of income by putting heads in beds, and especially in the North
Naples area where we know we took a great deal of devastation on
the beach area. So their vacation rental market may be gone this
year.
So Dani and I had some discussion. And I don't know,
Commissioners, if you have any questions for her. But we are
working very diligently with our Naples Area Board of Realtors, and
we do appreciate their partnership throughout this.
CHAIRMAN McDANIEL: You've been mentioned. Would
you like to say a few words, young lady?
MS. HUDSON: Sure.
CHAIRMAN McDANIEL: Sure, of course.
MS. HUDSON: Thank you, Jamie.
Danielle Hudson, and I'm the vice president of public policy at
the Naples Area Board of Realtors.
Just to give you guys an update -- guys and gal, on where we
are, anyone that wants to take a look at our available short-term rental
stock can do so on naplesarea.com. That website will bring you to
all of the rental availability through our Master Listing Service, or
MLS.
There is -- and I will just preface that by saying, there is a gray
space between what may be available in our MLS and what is also
available on some of your other short-term rental servicing platforms
like Airbnb and VRBO. In some cases what's listed on those sites
are not listed in our MLS. So just be aware of that if you are an
October 11, 2022
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individual that's looking to take advantage of some of those rental
opportunities.
Also, we are in conversation with our colleagues in Lee County
and Estero and Bonita and potentially working together to put all of
our rental stock on one site, and I will certainly give that to the
county once we have that available. That's already being put into
process. We're working through a third-party group that's going to
do that for us.
Lastly -- and this is something I was just talking with Jamie
about -- we've had some brokers come to us with questions about
homes that are available but are not currently registered as rentals or
that are not currently registered as a short-term rental. So what do I
mean by that second bucket? Those would be homes that are longer
term rentals. Maybe they rent seasonally for six months or maybe
even a year, but they don't currently have anyone in them, but they
want to put somebody in them legally. We're trying to work our
heads around how people would be able to do that with the
constrictions in terms of BRT or the rental registration ordinance that
you all have or the requirement for DBPR licensing.
So I'm going to open up that conversation with our state
representatives to see if maybe we can get some sort of waiver from
the DBPR license. I don't know if that will be possible but, if so,
that may open up some of these homes that are not currently
registered with you-all as a short-term rental underneath your
ordinance from having to go through that rigorous process to be able
to rent their homes in the immediate short-term.
So we are looking at all of those opportunities and, certainly,
we're open to continue to talking about other options that might be
available that come up.
CHAIRMAN McDANIEL: Outstanding. And if you could,
please, coordinate with staff. I'd like to -- I'd like to hear a report on
October 11, 2022
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that availability and what we can and can't -- I'm
cautious -- concerned about maybe jumping ahead too much on the
short-term rental side of things because of health, safety, and welfare,
and we don't -- that can get out of hand like that, so...
MS. HUDSON: Totally.
CHAIRMAN McDANIEL: But I'd like if you -- as you're
coordinating with our staff so that we can get a report on those
availabilities and then be able to push it through.
MS. HUDSON: One of the other things -- sorry. Not to take
up too much more of your time, but just to think about -- and this was
something that I had also just spoken with Jamie about -- is
potentially taking a look at -- and you guys don't have very strict
ordinances as it relates to short-term rentals, but potentially
ordinances that you could -- as it relates to, like, noise or parking, that
you may want to suspend just in the short-term, especially if you
have families that might be being displaced into homes that are
maybe not accustomed to having a bunch of kids in the yard and
maybe there's more noise or there's more cars because you have
multiple families that are being put into these homes, so just -- I'm
throwing that out there. I don't want to --
CHAIRMAN McDANIEL: Don't throw that out there.
MS. HUDSON: I'm just throwing that out there.
CHAIRMAN McDANIEL: Just so you know, we're going to
manage those on a case by case. We have a very effective pro -- not
proactive, reactive Code Enforcement circumstance. And in the
event that unusual circumstances come up in a neighborhood that
isn't used to kids and noise, and --
MS. HUDSON: We're trying to think through everything,
Commissioner.
CHAIRMAN McDANIEL: -- parking, we'll deal with those
through the Code Enforcement. But thank you for that --
October 11, 2022
Page 95
MS. HUDSON: You're welcome.
CHAIRMAN McDANIEL: -- input. Appreciate it. Okay.
COMMISSIONER SOLIS: Mr. Chair?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SOLIS: I did think of one last thing for the
good of the order, if I may.
CHAIRMAN McDANIEL: You're not going to make a motion
to close, are you?
COMMISSIONER SOLIS: To adjourn, no.
CHAIRMAN McDANIEL: Okay, good.
COMMISSIONER SOLIS: No.
I would like Trinity Scott to maybe say a few words about the
beach itself. We drove the beach from Wiggins Pass all the way
down to Clam Pass on Friday. And I'm assuming that my colleagues
are getting the same emails: We want to go to the beach. We want
to go to the beach. When can we go to the beach? And I've been
telling them there's a lot of stuff in the beach and the water, and it's
really not safe yet.
MS. SCOTT: For the record, Trinity Scott, department head for
Transportation Management Services, but I also have the beaches.
We have been out since the Friday after the storm raking the
beaches. We have put out a lot of messages through our social
media with regard to the beaches. Most of our beach access points
suffered damage. That has not been repaired, obviously.
When Commissioner Solis and I were out on the beach on
Friday, we still have very large items washing up onshore; boat
docks, et cetera.
So as far as the beaches go, we want people to take extreme
caution if they are on the beaches.
CHAIRMAN McDANIEL: Or in the waterways.
MS. SCOTT: Absolutely, or within the waterways.
October 11, 2022
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There is significant debris that will continue to wash up. We
are nearly complete with our initial raking. We will begin some
tilling operations to see what may be up underneath that surface sand.
So this is just for anyone who may venture out, extreme caution. We
have large equipment on the beaches right now doing this work. If
you go into the water, understand that there are vessels, that there are
cars, that there are things that have been in the water, are in the water,
in the process of being removed from the water. We just want
people to be very, very, very cautious.
COMMISSIONER SOLIS: Yeah. And I'll just say -- and I
took pictures of some -- on our drive, pieces of docks submerged.
You can see the nails sticking out of them; aluminum; pieces of
mangroves that are kind of under the water that you can't really see.
And so it -- you have to be really careful to get out there, because
there's a lot of hazards, I think, in the water.
Any idea how we're going to address that? I mean, once
the -- the water quality's not very good right now either, but will we
somehow try to get a handle on what's in the water?
MS. SCOTT: So absolutely. Currently right now, at least
from the tidally influenced waterways, we are out doing debris
assessments right now as we speak. We have folks who are actually
kayaking some of those, flagging areas. I just received that we're
issuing a notice to proceed to start pulling out some of that debris.
Now, with regard to vessels and vehicles, we are working very
closely with the Sheriff's Office because there are private property
issues along with that. And, in fact, one of the vehicles, I think, that
you actually sent us the video of, we have been able to work through
the Sheriff's Office, make contact with the owner who had reported
their vehicle missing.
COMMISSIONER SOLIS: The Audi A4 in Vanderbilt?
MS. SCOTT: Yes. And they're working right now with their
October 11, 2022
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private insurance carrier to be able to get that vehicle removed from
the waterway. So we're working very closely with the Sheriff's
Office as well as FWC, because we do have several vessels as well as
vehicles within some of our waterways.
CHAIRMAN McDANIEL: Very good.
COMMISSIONER SOLIS: Thank you.
MS. SCOTT: Thank you.
CHAIRMAN McDANIEL: Okay. It's 12 o'clock, and we
have a few more agenda items. I know we have some public
speakers that have signed up on this agenda item, so we'll go to them.
But it would be my vote that we finish the balance -- what time are
you due for another break?
THE COURT REPORTER: I'm good.
CHAIRMAN McDANIEL: Or are you good? Right now, for
now.
I'd just as soon we not take lunch, come back in an hour and
continue. Let's get through -- without rushing, let's get through what
we have to do to conduct our business. So we won't take lunch
today. So public speaking.
MR. MILLER: One registered online, on Zoom, Albert
Councilman.
Mr. Councilman, you've been asked to unmute yourself. I see
you're unmuted, sir. Can you hear me?
MR. COUNCILMAN: I can. Thank you very much for
having me.
MR. MILLER: You have three minutes, sir.
MR. COUNCILMAN: Thank you. I'm representing the Gulf
Breeze Condominium Association, which is 132 families on Bluebill
Avenue. And I want to first thank the commissioners and also the
directors who have been speaking, that you have been very
responsive and very helpful, and we are very grateful for all that
October 11, 2022
Page 98
you've done to help us through this process, which is new for all of
us.
So my question is a routine process question and probably won't
take a long time -- hopefully won't take very long to answer. And I
think it's relevant to all community associations and condominium
associations, and that is, we've been doing the necessary things to
restore the building to safety, power and water and sewer and
cleaning out debris and muck. And we've had water trucked in in
the interim while there wasn't water service. We've also been
cleaning and have had contractors on the site, so we're going through
the process that everybody else is going through as well.
So the next step after that, that's my question. The FEMA
disaster assistance, I've been to the website, and I understand how
individuals and families can apply for assistance. What I don't
understand, from going through the website, is how condominium
associations, which I guess would be a small business, how they
apply for disaster assistance. And so whatever guidance you can
provide us and other condominium associations with what is that
process so that we can get it started and properly follow it and do
whatever is necessary at the appropriate time.
We are insured, you know, flood -- federal flood insurance.
And as a matter of fact, our claim adjuster is on site now going
through the site and going through our property. So we are going
through that process. But I know that FEMA provides -- will
provide assistance beyond what's insurable, such as roads and
pathways cleanup, water trucks, 24-hour security.
As an aside, the security that Collier County is providing has
been essential, because we have experienced some of the
things -- some of the bad things that were described, and so we are
very grateful for that security, so protecting our residents, some of
whom are permanent residents and some of whom are seasonal
October 11, 2022
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residents.
That's the extent of my observation. I want to say thank you
very much, but we are looking for some guidance going forward
about the process of filing of applications for FEMA and/or SBA
assistance. Thank you.
CHAIRMAN McDANIEL: Absolutely.
And Dan Summers is here going to address it briefly, but I'm
going to say this to everybody who just asked heard you ask your
question. Any -- and we call them -- in the business we call them
one-offs. Anybody that has a specific question or concern can email
any one of us on circumstantial aspects of how you need to get
through the process. Send an email to me, myself -- to any one of
the five of us, and we'll get you to the particular place that you need
to be.
But, Mr. Summers, do you want to address, briefly, that?
MR. SUMMERS: Commissioner, yes. For the record, Dan
Summers.
I just wanted to mention a couple things. Yes, you're right, a lot
of these associations may be incorporated in different ways, and so in
some cases they may be eligible for some FEMA assistance, inners
some cases they may not for assistance.
So I want to be careful that you make sure that I'm sharing with
you what I think the options are. I don't know this particular
situation. But job one, you've answered the question that you have
your adjuster on site, and your adjuster will work with you both for
flood and property damage, will work with you on things such as
pathways, other impacts to your association and to your particular
community building.
It is from that point, after those particular issues are resolved,
more than likely, if there is financial need, it will not be a FEMA
direct individual assistance unless it's for the condo owner. But then
October 11, 2022
Page 100
it's more likely to be resources that may be available from the SBA.
And 99 times out of 100 that is a loan, not a grant, and so you may
need that for other repairs.
I know we are expecting some more SBA announcements in the
days to come, so there are a myriad of programs that have been
announced already and maybe a few more that are forthcoming.
So, again, job one with your insurance folks, both property and
flood, that will guide you on those other items.
Secondly, my recommendation to you is to let's see what opens
up with SBA and, again, your insurance carrier is job one.
CHAIRMAN McDANIEL: Now, I know we've got the FP&L,
how to get your home reenergized back up on the screen, but we also
have a FEMA workshop scheduled here in these chambers tomorrow
night. And if somebody could load up that link, that link for folks to
be able to have that information and have it streaming constantly
between now and when that, in fact, transpires.
I know I set aside the Evening with the Commish that I do once
a month tomorrow night to -- just to try to focus folks in on what
FEMA has coming for our community.
MR. SUMMERS: We will.
CHAIRMAN McDANIEL: Commissioner Taylor, real quick
or not? I didn't mean to be quick. You're good.
COMMISSIONER TAYLOR: No, no, no. It's really quick.
Just tomorrow night is not about specific neighborhoods.
CHAIRMAN McDANIEL: No.
COMMISSIONER TAYLOR: Tomorrow night is to tell
FEMA -- and not the FEMA people that are at the EOC right
now -- but maybe their bosses and maybe their bosses' bosses, if
we're lucky enough -- the problems and the challenges this
community has with affordable housing, any housing, and what a
crisis we have with the number of homes that have been damaged and
October 11, 2022
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the number of unlivable structures people are living in. That's what
we have -- we have to keep to that dialogue.
Thank you.
CHAIRMAN McDANIEL: Very good. Thank you.
MR. SUMMERS: Very good. Thank you.
CHAIRMAN McDANIEL: Without belaboring the accolades,
from me to you, thank you. Thank you for what you've done for our
community. Commissioner Saunders said it best, but I just want to
say from me to you -- I spent an enormous amount of time over there
at the EOC, and just watching that operation, we're blessed to have
you.
Thank you.
MR. SUMMERS: Thank you. It's my pleasure.
CHAIRMAN McDANIEL: Okay. We only had one public
speaker.
MS. PATTERSON: Okay.
MR. MILLER: Yes.
CHAIRMAN McDANIEL: And I think we addressed his
issues, so --
MS. PATTERSON: All right.
CHAIRMAN McDANIEL: -- let's take care of 11B. I think
that's that one's turn right there.
Item #11B
RECOMMENDATIONTO APPROVE ADDITIONAL FY 2023
BUDGET AMENDMENTS IN THE AMOUNT OF $95,263,800
COVERING POST HURRICANE IAN CLEAN UP AND
RECOVERY FOR DEBRIS REMOVALM THE STORM-WATER
NETWORK, WATER & WASTEWATER, ROAD & BRIDGE,
PARKS, BEACHES AND GOVERNMENTAL FACILITIES
October 11, 2022
Page 102
REPAIRS AND OTHER STORM RELATED COSTS INCLUDING
ADDITIONAL FUNDING FOR THE SHERIFF – MOTION TO
APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER TAYLOR – APPROVED
MS. PATTERSON: That moves us to 11B, a recommendation
to approve additional Fiscal Year 2023 budget amendments in the
amount of 95,263,800 covering post Hurricane Ian cleanup and
recovery for debris removal, the stormwater network, water and
wastewater, road and bridge, parks, beaches, and governmental
facility repairs, and other storm-related costs, including additional
funding for the Sheriff.
Mr. Ed Finn, your Deputy County Manager, will present.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to
make a motion to approve this. I know Mr. Finn has met with the
Clerk, Ms. Kinzel, and I know more details will be
coming -- forthcoming. But she has reviewed this and advised that
she's okay with this going forward at this time, and I want to thank
you for providing that information to her.
So I make the motion to approve this.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: Okay. Do you want to put up
your brief graphic for me, just -- the pie chart that you gave me
yesterday, just so we can show what it is that we're doing?
And I'm in concurrence. You know, as long as we've been
communicating and everybody's okay with -- oh, you've got notes on
that one. That's the one we like to see. That's the inside Ed story.
MR. FINN: This is the super secret pie chart, yeah.
Edward Finn, your Interim Deputy Manager. Thank you so
much.
October 11, 2022
Page 103
The pie chart's there. One thing I wanted to mention is the
additional funding for the Sheriff is to cover some overtime that was
necessarily incurred as part of the disaster, and that is going to apply
to the FY'22 budget. That's a little different than what is described
there.
Pie chart is -- kind of a lot going on there. I'll point out two
things to the Board. To the immediate right of the center line at the
top is the portion of General Fund money earmarked for this effort.
Then continuing around to the right, the gray chunk of money, that's
$30 million, that's out of Fund 301. That's the reserve the Board has
set up over the last two or three years to aid us in these type of
missions as well as to provide continuity on capital facility
maintenance in the event of a downturn.
The rest of the funding is essentially provided by Solid Waste
funds earmarked for this, some reductions in Solid Waste projects,
some -- not deferrals but some changing of funding for some utility
projects. The Board is going to be asked to set -- to approve a
commercial line -- commercial paper to support the Collier County
Water/Sewer District capital program. So that's going to be set up so
that this particular cash funding need that we need today is not going
to negatively impact their long-term needs in terms of their projects
and renewal and replacement efforts.
With that, sir.
CHAIRMAN McDANIEL: And just to -- you and I spoke
about it yesterday, but I just want to say out loud that there are no
capital projects that are being delayed when we're pulling money out
of these reserves. This is -- this is money that's being stored up for
future capital projects, and we're not delaying anything -- any of
these capital projects by pulling out of these reserves.
MR. FINN: That, in fact, is our intent. The commercial paper
is going to ensure that we can put budget in place when those
October 11, 2022
Page 104
contracts are ready to be let. The intent being that the momentum
we have on these projects is not impacted by this effort.
CHAIRMAN McDANIEL: And we set that up so that it can be
turned on when the capital project requisite is there, if we haven't
replaced the funding in some other mechanism. Very good.
MR. FINN: And the Board will be seeing that in the near
future.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we approve this as presented. Is there any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
That was a really good report.
MR. FINN: Very nice. Thank you, sir. Appreciate it.
CHAIRMAN McDANIEL: Yep.
COMMISSIONER LoCASTRO: Why the heck are you still
interim?
CHAIRMAN McDANIEL: Yeah, I was just going to say. He
introduced himself as interim.
COMMISSIONER TAYLOR: It's not our business.
COMMISSIONER LoCASTRO: I was just sending a signal to
Amy.
October 11, 2022
Page 105
Item #15A
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THE MEETING
MS. PATTERSON: That brings us to Item 15. First Item 15A
is our second portion of public comment on general topics not on the
current or future agenda by individuals not already heard during the
previous public comments this meeting.
MR. MILLER: As it turns out, all I have is comments from
previous speakers under Item 7. So do you want to give them
another bite at the apple here, or are we --
CHAIRMAN McDANIEL: Specifically, this is for people that
haven't been -- had an opportunity to address in Item 7 already.
MR. MILLER: Yeah. And these three people have spoke
already under Item 7.
CHAIRMAN McDANIEL: Okay. So then no.
MR. MILLER: Okay, sir. Thank you.
Item #15B
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: Okay. That brings us to Item 15B, which
is staff and Commission general communications.
We were going to talk about rock crushing, but we've already
covered that. So we'll be coming back to you on that. Other than
that, Dan?
MR. RODRIGUEZ: That's good. Thank you.
October 11, 2022
Page 106
MS. PATTERSON: Thank you.
CHAIRMAN McDANIEL: County Attorney?
MR. KLATZKOW: Nothing further. Thank you.
CHAIRMAN McDANIEL: Commissioner Solis, I'll bet you
have a comment or two.
COMMISSIONER SOLIS: No, other than to, again, thank the
staff, all the first responders, second responders, and third responders,
County Manager's Office. It's a well-oiled machine. And, again,
the commitment that every single staff person has in Collier County
is really inspiring in these situations. So thank you for all you do
and your commitment to the community.
CHAIRMAN McDANIEL: Off the chart. Very well said.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I'll just add, Amy,
Dan, and Ed, you guys were just an incredible team in the EOC. I
mean, all the commissioners, you know, we were there camped out at
times and also running all over our district. But not only were you
leaning forward and leaders in the EOC, but I think I speak for all of
us, your sense of urgency replying to all of us, I mean -- I mean, the
minute I sent any one of you a text, boom, on it. Kari, you know, the
same way; Dr. George.
So as a group, you know, if this was the hardest hit storm we've
had come to this community, I think we're well prepared, you know,
for what eventually will continue to come. I mean, it's just the
nature of living in paradise.
I did also want to give a shout-out to John Mullins. You know,
he had a -- and he's probably shocked that I'm doing this, but, boy,
that guy got a lot of short notice. Yeah, the Senator will be, you
know, dropping in on the EOC in, you know, X number of minutes
and, you know, he just skillfully really coordinated a lot of those
visits and made them more than photo ops. I mean, you know, I
October 11, 2022
Page 107
heard from Senator Scott afterwards, you know, he actually popped
down to Goodland a few days later, and he and his team were really
impressed that, you know, we didn't just sort of put up the cameras
and take a few pictures, that it was very valuable.
John was pulling all the key people into the 311 room and
walking them around to the different desks and whatnot. And, you
know, that was impressive, and people really appreciated that.
I mean, the Senator gave everybody a coin and made it seem
like a small little thing, but he could have easily come in and out, and
John did his best to, you know, guide him and steer him and keep him
as long as humanly possible so that he could see, you know, what we
were doing.
Lastly, I want to really give positive comments to NCH.
Everyone knows Matt Holiday was there camped out in the EOC, you
know, sunup to sundown. The guy was, like, unshaven, wearing the
same clothes for three days, like a lot of us.
But I personally needed a lot of help from NCH and medical
things, as we all did. And instead of having to call a number -- and
Paul Hiltz as well. I mean, he was on the other end of text messages
instantaneously. And this is a guy that's the CEO of a huge medical
group that had a whole lot on his plate. And so I think that
meant -- that showed a lot.
You know, I won't get into details, but Dan and I had sort of a
private conversation about people who were missing in the EOC,
who we really needed and who have seats at the table, and we'll just
leave it at that. I would expect after all this dust settles, like we do
every time, you know, Dan, we have an after-action about, you know,
lessons learned, and this storm really tested every single nuance of
the county, and it showed where we're so strong, where we have a
deep bench, but also where we could have used a little support here
and there. Luckily, with your leadership and the leadership of the
October 11, 2022
Page 108
people I just mentioned, we did fill in the gaps, but that's not what we
want to do. We want gaps full. But I did want to give a shout-out
to NCH and to our team here personally and -- for all that I definitely
saw and benefited from for my district that got hit very hard as well.
Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Nothing really except a big
thank you. You know, it's deja vu too quickly, as far as I'm
concerned. But here we are. We've not had a hurricane like this for
over 60 years. I don't know what -- the measurement of a
generation, but that's got to be a couple of generations. People
forgot. We have been reminded. And, clearly, what I've learned
is -- one of the things I've learned from this is that the Florida
Building Codes work. When you see structures that the waves have
gutted out the bottom floor, and the second floor remains untouched
facing the beach on the ground level, you realize that there's a reason
that we're building the way we're building.
Resiliency is a word that's being batted around, but I consider
Collier County Government and the people who work here resilient.
What you've done in this short period of time and what is in front of
us, the task in front of us, which it will not be solved in a year or two,
is daunting, but I think we're up to the -- I know we're up to the tasks.
So thank you very much.
Thank you, Mr. Summers, for everything that you have done --
MR. SUMMERS: Thank you.
COMMISSIONER TAYLOR: -- for your calmness and your
guiding us through this hurricane, and we're -- we've got a future, and
it's going to be a bright one. Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I don't have anything to add other than, again, thank you to staff.
October 11, 2022
Page 109
I said this at the EOC, watching everybody working there made me
proud to be part of the team here. And it was just a job well done.
And it's a job that's ongoing. So when I say "job well done," I don't
mean to imply it's over. But everybody worked hard and continue to
do so, and I just want to thank everybody for that.
CHAIRMAN McDANIEL: Well -- and, again, myself, I've
already said thank you, so I won't say it -- well, I will. Thank you.
Thank all of you.
I would like to bring up two items before you run off. As we
know, there are some things that are going on outside of Collier
County, and I would like for a report from our staff with
regard -- Jamie, I saw you working on something else. I don't want
you multitasking while I'm talking right now.
I would like to have a report soon on a limited review and
approval process for agriculturally zoned lands for limited-use
permits. We have -- we have people that need to be stored; we have
boats that need to be stored; we have cars that need to be stored. I
don't want to circumvent any -- any community rights or negatively
impact neighbors, but I certainly don't want to take on any
environmental concerns that are arduous or are going to negatively
impact our community.
But I would like us to have a process of a limited review.
When a special-use permit comes in, it can sometimes take a year
before that is through the -- through the system. And I would like
for us to have a limited review process for those special-use permits
ASAP. We know there's a housing unit -- or a housing mission that's
coming in some form or format, and where it's, in fact, located could
potentially be in Eastern Collier County out there off the end of State
Road 82, east of Fort Myers. And so I would like for us to be able to
have that opportunity.
Secondarily, if it meets with my colleagues here, there are some
October 11, 2022
Page 110
lands that are directly east of the landfill that I would like to have
opened up and have staff do a review on those lands directly east of
the landfill and the potential uses that are out there and what -- and
have staff come back to us and give us a report on some of the
potential uses that might be able to be utilized in those lands east
of -- east of the landfill.
So -- well, we already covered the permitting fees, deferral and
such. So other than that, those are my -- those are my two items.
And, again, I want to wish everyone well and continued
recovery. Thank you.
MS. PATTERSON: Thank you.
*******
****Commissioner moved, seconded by Commissioner and carried
that the following items under the Consent and Summary Agendas be
approved and/or adopted****
Item #16A1
DIRECT STAFF ADVERTISED AN ORDINANCE
ESTABLISHING MILESTONE INSPECTIONS OF AGING
CONDOMINIUM AND COOPERATIVE BUILDINGS IN
UNINCORPORATED COLLIER COUNTY AND BRING BACK
FOR PUBLIC HEARING AN ORDINANCE ESTABLISHING A
MANDATORY INSPECTION OF AGING CONDOMINIUM AND
COOPERATIVE BUILDING.
Item #16A2
A REQUEST TO ADVERTISE A PROPOSED AMENDMENT TO
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COLLIER COUNTY ORDINANCE NO. 86-72, THE SABAL
PALM ROAD EXTENSION MUNICIPAL SERVICE TAXING
AND BENEFIT UNIT, TO AMEND THE GEOGRAPHICAL
BOUNDARIES OF THE MSTU TO REMOVE THREE HUNDRED
THIRTY-TWO PROPERTIES THAT NO LONGER DERIVE
BENEFIT FROM THE MSTU’S STATED PURPOSE.
Item #16A3
LAND DEVELOPMENT CODE AMENDMENT AT TWO
REGULARLY SCHEDULED DAYTIME HEARINGS AND
WAIVE THE NIGHTTIME HEARING REQUIREMENT. (ALL
DISTRICTS) BOARD DIRECTED ITEM TO ADVERTISE FOR
AN LDC AMENDMENT TO BE HEARD AT 2 FUTURE BCC
MEETINGS. ADDITIONALLY, THE AMENDMENT SHALL
CLARIFY ANY CONFUSION OR THE MISAPPLICATION OF
THE SCOPE OF A COMPARABLE USE DETERMINATION AND
IS RESTRICTED TO A SITE-SPECIFIC LOCATION.
Item #16A4
FINAL ACCEPTANCE OF THE POTABLE WATER,
IRRIGATION QUALITY WATER, AND SEWER FACILITIES
AND ACCEPT THE CONVEYANCE OF THE POTABLE
WATER, IRRIGATION QUALITY WATER, AND SEWER
FACILITIES FOR SKYSAIL - PHASE 1, PL20220000858.
Item #16A5
RESOLUTION 2022-160: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
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DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
ISLES OF COLLIER PRESERVE PHASE 8, APPLICATION
NUMBER PL20160000515, AND AUTHORIZE THE RELEASE
OF THE MAINTENANCE SECURITY IN THE AMOUNT OF
$260,682.12.
Item #16A6
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
AND SEWER UTILITY FACILITIES FOR THE SONGBIRD AT
WHIPPOORWILL (MINOR CHANGES TO PL20200000840),
PL20220002993.
Item #16A7
RECOMMENDATION TO APPROVE FOR RECORDING THE
FINAL PLAT OF GROVES AT ORANGE BLOSSOM, PHASE 3
(APPLICATION NUMBER PL20210003325) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE PERFORMANCE
SECURITY IN THE AMOUNT OF $2,758,860.50.
Item #16A8
AUTHORIZED THE CLERK OF COURTS TO RELEASE A
PERFORMANCE BOND IN THE AMOUNT OF $74,600 WHICH
WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN
EARLY WORK AUTHORIZATION (EWA) (PL20220000820)
FOR WORK ASSOCIATED WITH RANDALL AT
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ORANGETREE.
Item #16A9
AUTHORIZED THE CLERK OF COURTS TO RELEASE A
PERFORMANCE BOND IN THE AMOUNT OF $19,960 WHICH
WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN
EARLY WORK AUTHORIZATION (EWA) (PL20210000882)
FOR WORK ASSOCIATED WITH VALENCIA GOLF AND
COUNTRY CLUB - PHASE 1B.
Item #16A10
AUTHORIZED THE CLERK OF COURTS TO RELEASE A
PERFORMANCE BOND IN THE AMOUNT OF $55,136.84
WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION
PERMIT NUMBER PL20200000596 FOR WORK ASSOCIATED
WITH ARGO LIVINGSTON.
Item #16A11
APPROVED CHANGE ORDER NO. 1 TO AGREEMENT NO. 20-
7735, DESIGN-BUILD WHIPPOORWILL LANE AND
MARBELLA LAKES DRIVE CONNECTION, WITH QUALITY
ENTERPRISES USA, INC., TO PROVIDE ADDITIONAL TIME
UNDER THE CONTRACT DUE TO DELAYS IN OBTAINING
REQUIRED PERMIT APPROVAL, AS WELL AS LABOR AND
MATERIAL SHORTAGES AFFECTING PRODUCTION.
(COUNTY PROJECT NUMBER 60219)
Item #16A12
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APPROVED AGREEMENT #22-029-NS “WORK & ASSET
MANAGEMENT SYSTEM SOFTWARE LICENSES AND
ANNUAL MAINTENANCE” WITH CARTEGRAPH SYSTEMS,
LLC FOR THE WORK MANAGEMENT SYSTEM SOFTWARE
LICENSES AND THE ANNUAL MAINTENANCE; TO
CONTINUE THE TRANSPORTATION MANAGEMENT
SERVICES DEPARTMENT AND THE FACILITIES DIVISION’S
ENTERPRISE ASSET MANAGEMENT STRATEGIC VISION IN
ALIGNMENT WITH COLLIER COUNTY GOVERNMENT’S
GOALS AND TO APPROVE EXPENDITURES UNDER THE
AGREEMENT AND APPROVED SOLE SOURCE WAIVER.
Item #16A13
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 22-7948,
“PLANNING AND REGULATION STAFFING,” TO NOVA
ENGINEERING AND ENVIRONMENTAL, LLC, TO PROVIDE
TEMPORARY STAFFING AND SERVICES TO THE GROWTH
MANAGEMENT COMMUNITY DEVELOPMENT
DEPARTMENT AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT.
Item #16A14
RESOLUTION 2022-161: A RESOLUTION INDICATING THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS’
DESIRE TO BE RE-DESIGNATED AS THE COMMUNITY
TRANSPORTATION COORDINATOR (“CTC”) FOR COLLIER
COUNTY.
October 11, 2022
Page 115
Item #16A15
PROVIDED AFTER-THE-FACT APPROVAL FOR THE
SUBMITTAL TO CLOSEOUT A GRANT AWARD FROM THE
US DEPARTMENT OF TREASURY UNDER THE RESTORE
DIRECT COMPONENT (POT 1) FOR THE PRELIMINARY
DEVELOPMENT, DESIGN AND PERMITTING OF THE
COLLIER COUNTY COMPREHENSIVE WATERSHED
IMPROVEMENT PLAN IN THE AMOUNT OF $77,760.26.
(PROJECT #33554)
Item #16C1
AWARDED INVITATION TO BID (“ITB”) NO. 22-8007,
“TAMIAMI WELL 25 GENERATOR REPLACEMENT,” TO
ZABATT ENGINE SERVICES, INC., D/B/A ZABATT POWER
SYSTEM, INC., IN THE AMOUNT OF $300,111.55, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
CONSTRUCTION SERVICES AGREEMENT. (WATER USER
FEE CAPITAL FUND (412), PROJECT NUMBER 70069)
Item #16C2
AWARDED CONSTRUCTION INVITATION TO BID (“ITB")
NO. 22-7960 "COLLIER COUNTY EMERGENCY SERVICE
CENTER EAST BAY ENCLOSURE CONSTRUCTION,” TO
WAYPOINT CONTRACTING INC., IN THE AMOUNT OF
$2,083,623.30 AND AUTHORIZE THE CHAIRMAN TO SIGN
THE AGREEMENT. (SURTAX FUND (318), PROJECT 50390)
(DISTRICT 2)
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Item #16D1
APPROVED AND AUTHORIZED THE CHAIRMAN TO SIGN
THE FIRST AMENDMENT TO CLARIFY LANGUAGE IN THE
STATE HOUSING INITIATIVES PARTNERSHIP SPONSOR
AGREEMENT FOR NEW CONSTRUCTION ASSISTANCE
WITH HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC. (GRANT FUND 791)
Item #16D2
APPROVED AND AUTHORIZED THE CHAIRMAN TO SIGN
THE FIRST AMENDMENT TO THE U.S. HOUSING AND
URBAN DEVELOPMENT EMERGENCY SOLUTIONS GRANTS
PROGRAM SUBRECIPIENT AGREEMENT BETWEEN THE
SHELTER FOR ABUSED WOMEN & CHILDREN, INC. AND
COLLIER COUNTY ADDING RAPID REHOUSING ACTIVITIES
AND ADDITIONAL FUNDING IN THE AMOUNT OF $15,000.
(HOUSING GRANT FUND 705)
Item #16D3
APPROVED AND AUTHORIZED THE CHAIRMAN TO SIGN
THE NINTH AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., AND COLLIER COUNTY TO
EXTEND THE PROJECT EXPENDITURE DEADLINE FOR THE
NEIGHBORHOOD STABILIZATION PROGRAM 3. (GRANT
FUND 705)
Item #16D4
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RESOLUTION 2022-162: A SUBSTANTIAL AMENDMENT TO
COLLIER COUNTY'S U.S DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FY2019- 2020 ANNUAL ACTION
PLAN, AND AUTHORIZE THE CHAIRMAN TO EXECUTE AN
AMENDMENT TO THE YOUTH HAVEN AGREEMENT,
REALLOCATING $1,000,000 CDBG-CV FUNDING FROM THE
RECONSTRUCTION OF THE GOLDEN GATE SENIOR CENTER
TO THE YOUTH HAVEN INTAKE CENTER PROJECT IN THE
AMOUNT OF $708,321 AND TO A STILL TO BE DETERMINED
PUBLIC FACILITIES PROJECT IN THE AMOUNT OF $291,679,
AND APPROVE BUDGET AMENDMENTS IN THE AMOUNT
OF $1,000,000 FROM GENERAL FUND (001) TO COMMUNITY
& HUMAN SERVICES GRANT SUPPORT FUND (123) TO
RESTORE FUNDING FOR THE GOLDEN GATE SENIOR
CENTER RECONSTRUCTION PROJECT.
Item #16F1
RESOLUTION 2022-163: ADOPTED A RESOLUTION
APPROVING AMENDMENTS (APPROPRIATING GRANTS,
DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS)
TO THE FY22-23 ADOPTED BUDGET.
Item #16H1
AUTHORIZED ROUTINE AND CUSTOMARY BUDGET
AMENDMENTS APPROPRIATING CARRY FORWARD
BUDGET IN THE AMOUNT OF $7,198,985.64 FOR APPROVED
OPEN PURCHASE ORDERS AND $3,182,280.13 FOR CLOSED
POS FOR FISCAL YEAR 2023.
October 11, 2022
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Item #16J1
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 SEPTEMBER 15, 2022, AND
SEPTEMBER 28, 2022, PURSUANT TO FLORIDA STATUTE
136.06.
Item #16J2 (Added Per Agenda Change Sheet)
THE BOARD APPROVED AND DETERMINED VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF OCTOBER 5, 2022.
Item #16K2
THE BOARD OF COUNTY COMMISSIONERS EXTENDED THE
COUNTY ATTORNEY EMPLOYMENT AGREEMENT TO
SEPTEMBER 30, 2025.
Item #16K3
RESOLUTION 2022-164: APPOINTING ANDREA HALMAN
TO THE IMMOKALEE BEAUTIFICATION ADVISORY
COMMITTEE.
Item #16K4
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RESOLUTION 2022-165: APPOINTING OSCAR MARIMON
AND REAPPOINTING RON JEFFERSON TO THE GOLDEN
GATE BEAUTIFICATION ADVISORY COMMITTEE
Item #16K5
RESOLUTION 2022-166: REAPPOINTING KATHLEEN
DAMMERT TO THE LELY GOLF ESTATES BEAUTIFICATION
ADVISORY COMMITTEE.
Item #16K6
THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
MARCO ISLAND AND COLLIER COUNTY RELATING TO THE
EXPENDITURE OF CERTAIN SETTLEMENT FUNDS
RECEIVED FROM THE STATE OF FLORIDA REGARDING IN
RE: NATIONAL PRESCRIPTION OPIOID LITIGATION IN
FURTHERANCE OF THE FLORIDA ATTORNEY GENERAL’S
MEMORANDUM OF UNDERSTANDING AND RESOLUTION
2021-136.
Item #16K7
THE LITIGATION SETTLEMENT BETWEEN COLLIER
COUNTY AND PELICAN LAKE PROPERTY OWNER’S
ASSOCIATION OF COLLIER COUNTY (“PELICAN LAKE”)
AND RECOMMENDATION TO APPROVE THE ACCEPTANCE
OF $11,320 FROM PELICAN LAKE PROPERTY OWNER’S
ASSOCIATION OF COLLIER COUNTY IN EXCHANGE FOR A
RELEASE OF LIEN WITH A VALUE OF $60,000 IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
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COMMISSIONERS V. PELICAN LAKE PROPERTY OWNERS
ASSOCIATION OF COLLIER COUNTY, CASE NO.
CELU20190011289.
Item #17A
ORDINANCE 2022-38: AN ORDINANCE AMENDING
ORDINANCENUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CONDE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM ESTATES (E) ZONING
DISTRICT WITHIN SPECIAL TREATMENT WELLFIELD ZONE
W-3 TO A COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT WITHIN SPECIAL TREATMENT
WELLFIELD ZONE W-3 FOR THE PROJECT TO BE KNOWN
AS ARIVA PLAZA CPUD, TO ALLOW THE DEVELOPMENT
OF UP TO 30,000 SQUARE FEET OF COMMERCIAL USES. THE
SUBJECT 5.46± ACRE PROPERTY IS LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF GOLDEN
GATE BOULEVARD EAST AND EVERGLADES BOULEVARD
SOUTH IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28
EAST, COLLIER COUNTY AND BY PROVIDING AN
EFFECTIVE DATE.