BCC Minutes 10/25/2022 ROctober 25, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 25, 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 25, 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 25, 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
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October 25, 2022
ALLEGIANCE.
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER
AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE
REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE
NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE
A MATTER ON A FUTURE BOARD AGENDA, AND MUST CONCERN A
MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC
PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM
TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN.
SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A
FUTURE AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT
ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK
PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING
CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC
SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
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October 25, 2022
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor Eric Hausler of Christ the King Presbyterian Church
and Chaplain, Naples Jail
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 13, 2022, BCC Minutes
C. September 27, 2022, BCC Minutes
3. AWARDS AND RECOGNITIONS
A. 3.A. EMPLOYEE
B. 3.B. ADVISORY BOARD MEMBERS
C. 3.C. RETIREES
D. 3.D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. This Item continued from the September 27, 2022, BCC Meeting.
Proclamation condemning anti-Semitism in all forms and expressions;
condemns all forms of discrimination, prejudice, and hate against any person
or group of people, and any call to violence or use of violence for any
purpose at any time.
B. Proclamation designating October 2022 as Domestic Violence Awareness
Month in Collier County. To be accepted by Linda Oberhaus, Chief
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Executive Officer, The Shelter for Abused Women & Children.
C. Proclamation designating October 2022 as National Disability Employment
Awareness Month. To be accepted by Nicole Cholka, Project SEARCH
Instructor, Christina Volpicelli, Manager of Strategic Learning, NCH, and
Matthew Holliday, Director of Advocacy & Government Relations, NCH.
D. Proclamation designating October 2022 as Manufacturing Month in Collier
County. To be accepted by Rob Harris, Executive Director, Southwest
Regional Manufacturers Association and Ted Bill, President, Pelican Wire.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for October 2022
to Valvoline Instant Oil Change. The award will be accepted by Josh Carby,
Area Manager, and Elizza Bagaindoc, Marketing Associate. Also present is
Michael Dalby, President and CEO, Greater Naples Chamber of Commerce.
B. Update on the status of Hurricane Ian recovery efforts in Collier County.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to adopt an Ordinance establishing Milestone Inspections
establishing a mandatory inspection of aging condominium and cooperative
buildings in unincorporated Collier County and the City of Everglades if the
City of Everglades agrees, by resolution, to have this Ordinance apply and
be enforced in the City of Everglades as long as the Collier County Building
Official serves as the Building Official for the City of Everglades. (All
Districts)
B. Recommendation to approve for transmittal the proposed large-scale
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amendment to the Growth Management Plan for the Collier
Boulevard/Interstate 75 Innovation Zone Overlay - Resolution of the Board
of County Commissioners proposing an amendment to the Collier County
Growth Management Plan, Ordinance 89-05, as amended, specifically
amending the Future Land Use Element and Map Series to add the Collier
Boulevard/Interstate 75 Innovation Zone Overlay to attract and retain
qualified target industry businesses; to correct a scrivener's error in the
Activity Center #9 Inset Map; and furthermore recommending transmittal of
the amendment to the Florida Department of Economic Opportunity. The
subject property is located at the intersections of Collier Boulevard and
Interstate 75, and Collier Boulevard and Davis Boulevard, 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. PL20190000821. (District 1)
C. This Item continued from the September 27, 2022, BCC Meeting.
Recommendation to consider an Ordinance to establish a Notice to Tenant
Ordinance relating to landlords providing written notice of rent increases
over 5% to tenants with leases of one year or longer. (All Districts)
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. This Item continued from the September 27, 2022, BCC Meeting.
Recommendation to award Invitation to Bid (“ITB”) No. 22-7982, “105th
Avenue North and 106th Avenue North Public Utilities Renewal” to
Douglas N. Higgins Inc., in the amount of $16,806,410.00, and authorize the
Chairman to sign the attached Agreement and authorize the necessary
budget amendment. (Companion to Item #11B) (Matthew McLean, Director,
Engineering and Project Management Division) (District 2)
B. This Item continued from the September 27, 2022 BCC Meeting.
Recommendation to approve a $1,146,154.00 purchase order to Stantec
Consulting Services, Inc., under Professional Services Agreement Number
14-6345, for Construction, Engineering, and Inspection Services for the
Public Utility Renewal Project for 105th and 106th Avenues North. (Project
Numbers 60139 and #70120) (Companion to Item #11A) (Matthew McLean,
Director, Engineering and Project Management Division) (District 2)
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C. This Item continued from the September 27, 2022 BCC Meeting.
Recommendation to approve an interfund transfer for payment from Sports
Complex Capital Fund (370) to Wastewater User Fee Capital Fund (414) in
the amount of $2,234,948 towards acquisition of 122.41 acres of land now
occupied by the Collier County Sports Complex. (Jennifer A. Belpedio,
Esq., Manager, Real Property Management, Facilities Management
Division) (District 3, District 5)
D. Recommendation to approve First Amendment to Agreement No. 05-3865
“Design and Permitting of Collier Boulevard” with CH2M Hill, Inc., for the
final design and permitting to Project 68056” in the lump sum amount of
$1,989,852 and authorize any necessary budget amendments. (Jay Ahmad,
Director, Transportation Engineering) (District 3)
E. Recommendation to accept an update on the rock crushing activities on the
property located at the southeast corner of Santa Barbara Blvd and Davis
Blvd (Taormina Reserve MPUD). (Jaime Cook, Director, Development
Review Division) (District 1)
F. This Item to be heard at 10:00 AM. Recommendation that the Board of
County Commissioners consider a proposed partnership between Goodwill
of Southwest Florida and Collier County for renovations and improvements
to the East Naples location for the Collier County Community Resource
Center, including a hub for the Microenterprise Program and dedicated space
for Collier County allowing for expanded partnerships for recruitment of
County staff as well as training and educational opportunities for current
and future Collier County staff members; and direct the County Manager
and County Attorney to prepare the necessary agreements and budget
amendments in support of this partnership, for consideration at a future
meeting of the Board. (Amy Patterson, County Manager) (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
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October 25, 2022
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 award RPS No. 22-7973, “Independent Design
Peer Review Services for Transportation Engineering Projects,” to
Cardno, Inc., for $218,843, and authorize the Chairman to sign the
attached agreement. (District 5)
2) Recommendation to approve final acceptance of the potable water
utility facilities and accept the conveyance of a portion of the potable
water for Bear Creek, PL20220003893. (District 2)
3) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of the potable water
facilities for Cambria, PL20220003649. (District 4)
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Collier County Landfill – Scale House Entrance
Updates, PL20220005226. (District 3)
5) Recommendation to approve final acceptance of the water utility
facilities for Countryside Commons, PL20220005705. (District 4)
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6) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Esplanade by the Islands - Phase 1D, PL20200000516 and authorize
the County Manager, or designee, to release the Final Obligation
Bond in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent. (District 1)
7) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Esplanade by the Islands - Phase 1E, PL20200000755 and authorize
the County Manager, or designee, to release the Final Obligation
Bond in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent. (District 1)
8) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Esplanade Golf and Country Club
of Naples Phase 3 Blocks “K1”, “K2”, and “H3”, Application Number
PL20160003679; and authorize the release of the maintenance
security in the amount of $305,162.84. (District 3)
9) 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 Del Webb Naples Parcels 307-
310 (Application Number PL20210003291), approval of the standard
form Construction and Maintenance Agreement, and approval of the
performance security in the amount of $1,870,709.52. (District 5)
10) Recommendation to award Invitation to Bid (“ITB”) No. 22-7978,
“Landscape Maintenance Radio Road MSTU Roadway” to Superior
Landscaping & Lawn Service, Inc., to be funded by Radio Road
Beautification Municipal Service Taxing Unit (MSTU) Fund 158 and
authorize the Chairman to sign the attached agreement. (District 4)
11) Recommendation to execute a first amendment to the License
Agreement between the Barefoot Beach Club Condominium Owners
Association, Inc., and Collier County to allow for mangrove trimming
and monitoring on County-owned property in the vicinity of Lely
Barefoot Beach. (District 2)
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12) Recommendation to adopt a Resolution of the Collier County Board
of County Commissioners approving the extension of the Early Entry
Bonus Credit for Transfer of Development Rights in the Rural Fringe
Mixed Use District until the pending Growth Management Plan
amendments in PL2020002234 are adopted and become effective.
(District 1, District 3, District 5)
13) Recommendation that the Board direct the County Attorney to
advertise and bring back for a public hearing an Ordinance amending
Collier County Ordinance No. 2006-56, the Rock Road Improvement
Municipal Service Taxing Unit (MSTU), to amend the geographical
boundaries of the MSTU to remove properties that have been
subdivided and developed into a residential community and no longer
derive benefit from the MSTU. (District 3)
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a Work Order to Quality Enterprises
USA, Inc., in the amount of $869,101.78 under a Request for
Quotations (“RFQ”) for the “Pump Station 109.05 - Wastewater Pump
Station Repair and Renovation” project, pursuant to Agreement No.
20-7800 (Wastewater User Fee Capital Fund (414), Project Number
70240). (District 2)
2) Recommendation to award Request for Professional Services (“RPS”)
No. 22-7952, “North County Water Reclamation Facility – Electrical
Services Number One Upgrade Project,” to Johnson Engineering, Inc.,
in the amount of $430,180, authorize the Chairman to sign the
attached agreement, and authorize the necessary budget amendment.
(Wastewater User Fee Capital Fund (414), Project #70278)
(District 2)
3) Recommendation to approve the Third Amendment to Agreement
#19-7565, “Annual Landscaping Maintenance/Public Utilities
Facilities” with Caribbean Lawn & Garden of SW Naples FL., Inc.
adding two new landscaping locations, approving a ten percent line-
item increase, and extending the agreement for one year. (Water
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Sewer District Operating Fund (408), Solid and Hazardous Waste
Disposal Fund (470)) (All Districts)
4) Recommendation to authorize staff to advertise for sale Collier
County Water Sewer District-owned property located at 343 Saint
Andrews Boulevard, pursuant to the provisions outlined in Section
125.35(1)(c), Florida Statutes, including a minimum bid of $240,000
and to bring the bids to the Board for future consideration.
Wastewater User Fee Capital Fund (414) (District 1)
5) Recommendation to approve an Agreement for Sale and Purchase
with Isabel Gonzalez for a 1.14-acre parcel under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $50,750.
(District 5)
6) Recommendation to approve an Agreement for Sale and Purchase
with Barry L. Grossman as Trustee of the Barry L. Grossman
Revocable Living Trust, dated December 19, 2000, for a 2.73-acre
parcel under the Conservation Collier Land Acquisition Program, at a
cost not to exceed $63,800. (District 5)
7) Recommendation that the Board of County Commissioners, acting as
the ex-officio Governing Board of the Collier County Water-Sewer
District, approve a resolution authorizing the Collier County Water
and Sewer District's participation in the Florida Local Government
Finance Commission's Commercial Paper Loan Program and the
development of a loan agreement with respect thereto. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to authorize Staff to submit an application to the
Florida Fish and Wildlife Conservation Commission’s Invasive Plant
Management Section to be eligible to receive funding assistance
services, worth $100,000 in FY 2023, for the removal of invasive
exotic vegetation within Conservation Collier’s Dr. Robert H. Gore III
and Red Maple Swamp Preserves, and to authorize staff to accept
such funding assistance services, if awarded. (District 5)
2) Recommendation to approve the FY22-23 contract with the State of
Florida Department of Health for the operation of the Collier County
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Health department in the amount of $1,495,900. (All Districts)
3) This Item continued from the September 27, 2022, BCC Meeting.
Recommendation to terminate for convenience of Revenue
Generating Agreements #20-7707R and #21-7836, with SSG
Recreation Inc., as the concession service provider at Tigertail Beach
and Barefoot Beach. (District 1, District 2)
4) Recommendation to approve the award Request for Proposal (RFP)
No. 19-7657, “Parks Activity Management Software Solution”, to
Active Network LLC, and to authorize the Chairman to sign the
attached agreements. (All Districts)
5) Recommendation to approve a Collier County Tourist Development
Council (TDC) Category “B” Promotion Funds Grant Application for
the U.S. Open Pickleball Championship for Fiscal Year 2023 in the
total amount of $670,000 within TDC Capital Projects Fund (758);
make a finding that this expenditure promotes tourism; and authorize
the necessary Budget Amendments. (District 4)
6) Recommendation to promote economic development in local
agriculture via a $7,000 sponsorship of the Collier County Farm
Bureau 2022 Hometown Rodeo organized by the Collier County Farm
Bureau. (Economic Development Fund 007) (All Districts)
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve an Agreement with Medical Career
Academy to provide EMS Department supervised skill training and
field internship experience to students enrolled in Emergency Medical
Services Technology Programs. (All Districts)
2) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $184,500 which was posted as a
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October 25, 2022
guaranty for Excavation Permit Number PL20200000738 for work
associated with Tree Farm. (District 3)
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the FY22-23 Adopted Budget. (All Districts)
3) Recommendation to approve an “after-the-fact” request for public
assistance to the Federal Emergency Management Agency (FEMA)
for reimbursement of expenses incurred during Hurricane Ian.
(All Districts)
4) Recommendation to approve a report covering budget amendments
impacting reserves up to and including $25,000 and moving funds in
an amount up to and including $50,000. (All Districts)
5) Recommendation to approve the Second Amendment to Agreement
No. 18-7281R, “Tourism Fulfillment and Call Center Services” to
Faneuil, Inc. to reflect an increase in call center staffing expenditures
and make a finding that this expenditure promotes tourism.
(All Districts)
6) Recommendation to accept the Sponsorship Agreement between The
Better Body Shop & Used Car Factory, Inc., and Para SFM, LLC,
which involves the Sponsor’s payment of the total sum of $116,000 in
connection with the provision of those services and sponsorship
elements stated in the attached Sponsorship Agreement. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, adopts the attached Resolution approving the
proposed rate schedules for the Everglades Airpark, Immokalee
Regional Airport, and Marco Island Executive Airport for 2023.
(All Districts)
2) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority (the “Authority”), approve a
First Amendment to Collier County Airport Authority Leasehold
Agreement for Hangar Construction and an Amendment to Consent to
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Encumbrance And Agreement with Lender, pertaining to the
Authority’s previous award of a Collier County Airport Authority
Leasehold Agreement for Hangar Construction with Marco Hangars,
LLC related to its construction of aircraft hangars at the Marco Island
Executive Airport. (District 1)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) BCC Miscellaneous Correspondence for October 25, 2022
(All Districts)
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 29, 2022, and October 12, 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
19, 2022. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to approve the Interlocal Agreement between the
City of Naples 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. (All Districts)
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $62,500 plus $20,037 in statutory attorney and experts’
fees and costs for the taking of Parcel 104FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) a recommendation for approval from
staff; 2) unanimous recommendation for approval by the collier county
planning commission or other authorizing agencies of all members present
and voting; 3) no written or oral objections to the item received by staff, the
collier county planning commission, other authorizing agencies or the board,
prior 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 a Resolution of the
Board of Zoning Appeals of Collier County, Florida, providing for the
establishment of a conditional use to allow a communications tower within
the Estates (E) Zoning District with a Wellfield Risk Management Special
Treatment Overlay Zone W-4 (ST/W-4) pursuant to sections
2.03.01.B.1.c.12 and 5.05.09 of the Collier County Land Development Code
for a 2.7± acre property located at 1680 Golden Gate Blvd East, also
described as the east 180 feet of Tract 20, Golden Gate Estates, Unit No. 51
subdivision, in Section 2, Township 49 South, Range 27 East, Collier
County, Florida. (Zoning Petition CU-PL20200002584) (Companion to Item
#17B) (District 5)
B. 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 a Resolution of the
Board of Zoning Appeals of Collier County, Florida, for a variance from
sections 5.05.09.G.7.b and 5.05.09.G.7.c of the Land Development Code to
reduce the minimum separation distance of a 140-foot tall communication
tower from 350 feet to 174 feet for the northern residential property, from
350 feet to 66 feet for the eastern residential property, and from 350 feet to
107 feet for the western residential property, located at 1680 Golden Gate
Boulevard East, also described as the east 180 feet of Tract 20, Golden Gate
Estates, Unit No. 51 subdivision, in Section 2, Township 49 South, Range
27 East, Collier County, Florida. (Zoning Petition VA-PL20210001301)
(Companion to Item #17A) (District 5)
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C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 2000-10, as amended by Ordinance No. 2015-30,
the San Marino Residential Planned Unit Development (RPUD), to
consolidate the San Marino, Willow Run, and Lido Isles RPUDs and the
adjacent Rural Agricultural District (A) land known as Cracklin’ Jacks into
one Residential Planned Unit Development consisting of 1,321 residential
dwelling units on 823.6± acres; by revising the statement of compliance; by
revising property ownership and description; by revising development
standards, in particular by establishing development Parcel C and adding and
revising permitted uses and development standards for Parcels B and C; by
revising development commitments; by revising deviations; by revising the
master plan; by revising the legal description, for property located near 9300
Marino Circle, on the east side of Collier Boulevard (C.R. 951)
approximately 2 miles north of the intersection of Collier Boulevard and
Rattlesnake Hammock Road in Sections 11, 12, 13, and 14, Township 50
South, Range 26 East, Collier County, Florida; by repealing Ordinance No.
2014-35, Willow Run RPUD, and Ordinance No. 2015-35, Lido Isles
RPUD; and by providing an effective date. [PL20210001766] (District 1)
D. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida, by amending the
appropriate zoning atlas map or maps by changing the zoning classification
of the herein described real property from the Rural Agricultural (A) Zoning
District and Planned Unit Development (PUD) Zoning District known as
Waterford Estates PUD to a Residential Planned Unit Development (RPUD)
for the project to be known as Santa Barbara - Whitaker RPUD, to allow
construction of up to 216 multi-family dwelling units with an affordable
housing agreement on property located at the northeast and southeast corners
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October 25, 2022
of the intersection of Santa Barbara Boulevard and Whitaker Road in
Sections 9 and 16, Township 50 South, Range 26 East, consisting of 21.57±
acres; providing for repeal of Ordinance Number 91-31, the Waterford
Estates Planned Unit Development; and by providing an effective date.
[PL20210003155] (District 1)
E. Recommendation to adopt an Ordinance amending Ordinance 97-82, as
amended, which created the Bayshore Beautification Municipal Service
Taxing Unit, to expand the district boundary to include approximately 62
acres. (District 4)
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
FY22-23 Adopted Budget. (All Districts)
G. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
FY22-23 Adopted Budget. (All Districts)
H. This Item has been Continued to the November 8, 2022, BCC Meeting.
Recommendation to approve an Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance Number
04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, that changes the distance of the mailed written
public notice requirement for variance applications from 1 mile to 1,000 feet
for all Estates (E) zoned properties located in the Rural and Urban Golden
Gate Estates Sub-Elements of the Golden Gate Area Master Plan, by
providing for: Section One, Recitals; Section Two, Findings of Fact;
Section Three, Adoption of Amendments to the Land Development Code,
more specifically amending the following: Chapter Ten Application,
Review, and Decision-Making Procedures, including section 10.03.05 -
Required Methods of Providing Public Notice; Section Four, Conflict and
Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. [PL20220004350]
(All Districts)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
Page 17
October 25, 2022
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
October 25, 2022
Page 2
MS. PATTERSON: You have a live mic.
CHAIRMAN McDANIEL: Good morning, everybody. If you
would please find your seat.
We have a couple of things that we need to attend, and the first
of which is the invocation. And he gave me a proper annunciation
so I say his name correctly.
Eric Hausler is our Sheriff's chaplain, and he is a chaplain over
at the Collier County Jail, and he's a pastor at the Christ King
Presbyterian Church.
So if you all would rise, please, and I have a prayer and then a
Pledge.
Item #1A
INVOCATION BY PASTOR ERIC HAUSLER FROM THE
PRESBYTERIAN CHURCH
PASTOR HAUSLER: There are two proverbs from the
scriptures of the Old Testament that apply to Collier County
Commissioners. Where there is no guidance, a people falls, but in
an abundance of counselors, there is safety. And without counsel,
plans fail, but with many advisors, they succeed. We're thankful for
the many advisors God has brought to this Commission.
Let's pray.
Heavenly Father, we bow before you, and we call on the name
of the Lord. We're thankful, Lord, for where you have brought us, to
this sweet place to live, corner of the world that is full of abundance
and blessings, and we live in a land of law and order. We thank you
for all the first responders and law enforcement personnel, those who
work on the front lines and our healthcare and in our business
community. We thank you for our local commissioners here today,
October 25, 2022
Page 3
and we pray for them, that you would give them wisdom and an
abundance of counselors and many advisors, that the plans of this
community may succeed.
We pray for your blessing on this meeting, that you would guide
and direct every conversation and every comment, and we do pray for
those still suffering loss from Hurricane Ian, our friends and
neighbors who are suffering even today.
Oh, Lord, have mercy on them and continue to rebuild this
community, that it might be a place that is beautiful and a place
where people love to come, that we might enjoy the sweet things you
give us in this life. Have mercy on us today, Lord, and bless this
meeting, and we pray in Christ's name, amen.
Commissioner Solis, since you're only going to be here a couple
more times, how about leading us today.
COMMISSIONER SOLIS: It would be my honor.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: Well, good morning, everybody,
by the way. I'll endeavor to move us along. And I think it probably
would be prudent if we set aside the ex parte for and until
Commissioner Taylor gets here. But we can go ahead and make
adjustments and accept the agenda and then afford her the
opportunity to adjust should she arise [sic] and have something
special she would like to do. So do you want to lead us off, County
Manager?
MS. PATTERSON: Absolutely.
Item # 2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
October 25, 2022
Page 4
CONSENT AGENDA.) - MOTION TO APPROVE BY
COMMISSIONER SOLIS; SECONDED BY COMMISSIONER
LOCASTRO - APPROVED AND/OR APPROVED W/CHANGES
(COMMISSIONER TAYLOR ABSENT)
Agenda changes for October 25th, 2022, first item, correct the
placement of Item 16F1 to now be 16A14. This is a
recommendation to authorize the Clerk of Courts to release a
performance bond in the amount of $184,500 which is posted as a
guarantee for excavation Permit No. PL20200000738 for work
associated with Tree Farm.
Next item is an add-on, Item 5C. This is a Tax Collector
presentation on the return of unused fees and a discussion on
Hurricane Ian.
Second add-on item is 10A. This is a recommendation to
approve a fifth amendment to the long-term lease and operating
agreement for the golf course and entertainment complex with
CCBSG Naples, LLC, BigShots, to extend the financing contingency
period to April 30th, 2023, to allow for additional financing to be
secured. This is being added at Commissioner Saunders' request.
Continue Item 16D3 to the November 8th, 2022, BCC meeting.
This was also continued from September 27th, 2022. This is a
recommendation to terminate for convenience of Revenue Generating
Agreements 20-7707R and 21-7836, with SSG Recreation, Inc., as
the concession service provider at Tigertail Beach and Barefoot
Beach. This is being continued at staff's request.
An adjacent note: A signed agreement for Item 16D4 was
received after the agenda was published and will be provided for the
court reporter. This is a recommendation to approve the award of
Request for Proposal, RFP No. 19-7657, Parks Activity Management
Software Solution, to Active Network, LLC, and authorize the
October 25, 2022
Page 5
Chairman to sign the attachment agreements.
We do have three time-certain items. The add-on Item 5C from
the Tax Collector will be heard immediately following Item 5B.
Item 11F will be heard at 10:00 a.m. This is the Goodwill
partnership with Collier County for renovations and improvements to
the East Naples location for the Collier County Community Resource
Center.
And, finally, 11E, to be heard no sooner than 2:00 p.m., which is
an update on the rock crushing activities on the property located at
the southeast corner of Santa Barbara Boulevard and Davis
Boulevard.
And as a reminder, we have court reporter breaks set for 10:30
and 2:50.
CHAIRMAN McDANIEL: Okay. Thank you.
And as I'm contemplating how to move through this, I think
before we set the agenda and accept and approve the consent agenda,
we should set that aside for now and just do our own ex partes, and
any other adjustments that may come -- we can set the agenda, but we
won't vote on the consent and summary until Commissioner Taylor
is, in fact, here and expressed her ex parte and/or any additional
adjustments. And afford her that -- if it's okay with the Board, I
think we should allow her the opportunity to adjust the agenda if she
has a last-minute twist.
So, Commissioner Saunders, did you get through all that?
COMMISSIONER SAUNDERS: I did, Mr. Chairman. I do
have a couple questions. One on the consent agenda. I don't
necessarily want to pull this off the consent agenda, but it's 16F, as in
Frank, 5, dealing with the call center services.
I know that's a small item. I think it's a $30,000-plus-or-minus
contract. But I met with the Clerk yesterday and, apparently, there
aren't very many calls that come in. The total, in terms of length, is
October 25, 2022
Page 6
about 39 hours total, if you total up all of the calls in a one-year
period.
And I'm wondering if we need to do that. That may be a
question for Commissioner Solis in terms of the tourism issue. But
I'd like to ask the Manager if we could have a little bit of an
explanation as to whether we really need to have that expenditure.
We can pull it off the agenda if you want.
CHAIRMAN McDANIEL: What item was that?
COMMISSIONER SAUNDERS: It's Item 16F5.
CHAIRMAN McDANIEL: Five, 16F5, okay. And I'm okay
with pulling it and bringing it up top and having a discussion about it.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN McDANIEL: I was curious with my meeting
with the Clerk yesterday as well.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN McDANIEL: So let's -- if you don't mind, let's
pull it up and have a talk. It won't take all that long. Well, it might,
but we'll endeavor to not.
MS. PATTERSON: Commissioners, that will become Item
11G.
CHAIRMAN McDANIEL: Okay. Any disclosures or any
other adjustments, sir?
COMMISSIONER SAUNDERS: I have no disclosures and
other adjustments.
CHAIRMAN McDANIEL: Okay. And since he was named
in that discourse, Commissioner Solis, good morning.
COMMISSIONER SOLIS: Good morning.
No changes, no disclosures. I would urge -- maybe we can get
Paul Beirnes here to talk about that issue. I do know that one of the
things that came up at the TDC yesterday was that during the
hurricane there was a period of time where Fanial (phonetic) stepped
October 25, 2022
Page 7
in, actually, and was fielding calls when our system was down, so I'd
like to hear from him, because it sounded like that was something
that we were lucky to have had happen, so...
CHAIRMAN McDANIEL: I'm sure we can wrangle him in to
be here.
COMMISSIONER SOLIS: But other than that, no disclosures
and no changes to the agenda. Thank you.
CHAIRMAN McDANIEL: Outstanding. Thank you.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: No disclosures, no changes,
but much like Commissioner Saunders, I have something on the
consent agenda that I don't want to pull off, but it's a conversation I
had with County Manager yesterday. It concerned 16D5, some
payments to pickleball.
I don't want to come off as a Scrooge on pickleball -- I know it's
very popular -- but that $670,000 isn't county money. It's taxpayer
dollars. And we had a very healthy conversation going forward to
really watch the payments that we're making to different
organizations and possibly weaning ourselves into smaller numbers
so that we can move money around.
Those of you that might have followed our budget meeting, you
know, every nickel counts, every dollar counts; we want to know
where it goes. And we're trying to squeeze, you know, a dollar out
of a dime. And going forward in this, you know, new calendar year,
I like your renewed emphasis on how we're spending money and not
being shy about saying, hey, we know we've always given you a
six-figure check regardless of what organization you are. Please
prove to us the use. And also, too, it's possible that it's not
Christmas anymore, and we might have to tighten our belts, and you
might -- as an organization might have to figure out some ways to
supplement. And that's just healthy conversation. That's not
October 25, 2022
Page 8
squeezing anybody. But, you know, that was one that jumped out at
me and, you know --
CHAIRMAN McDANIEL: What item again; 16D5?
COMMISSIONER LoCASTRO: 16D5. So not a pull-off.
CHAIRMAN McDANIEL: It's that time-certain thing that we
have to -- because I'm with you, and I wouldn't mind having it pulled
off and having a discussion as long as we're not -- and, again, we
don't want to be Scrooge --
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: -- but it is something that me
maybe could have a conversation about.
COMMISSIONER LoCASTRO: And the reason I raise it is I
wanted to see if there was an appetite up here or maybe something
historically that I'm not aware of as the newest person up here.
CHAIRMAN McDANIEL: And as -- to be fair, not to be
just -- not to cut you off, but I don't like -- if it's not going to hurt
anything, I wouldn't mind continuing the item, bringing it back as an
advertised public hearing so that all of the people that think you're
being Scrooge -- not me, you --
COMMISSIONER LoCASTRO: Thanks.
CHAIRMAN McDANIEL: -- are here to communicate about
it, so...
COMMISSIONER LoCASTRO: All the taxpayers in, the
audience, do you want to know where your money's going, whether
you play pickleball or not or whatever?
CHAIRMAN McDANIEL: Okay, okay. So we'll continue
that item.
MS. PATTERSON: Absolutely, Commissioners. And we'll
be prepared to talk about not only this one but all of the various
partnerships and concession agreements that we have and what we're
planning to do to look at those.
October 25, 2022
Page 9
COMMISSIONER LoCASTRO: And it gives them a chance to
come forward, too, and be heard and explain to us.
CHAIRMAN McDANIEL: Yeah.
COMMISSIONER LoCASTRO: And it could be a good-news
story. Wow, look how much we get for our buck.
CHAIRMAN McDANIEL: Well -- and that's the thing -- that's
the other side of it. I don't want to make executive decisions without
all parties being present.
COMMISSIONER LoCASTRO: Yeah, it sounds good.
CHAIRMAN McDANIEL: And I'm totally fine. As long as
we're not playing with a contractual arrangement, let's continue it and
have a hearing and have a discussion.
MS. PATTERSON: Absolutely.
CHAIRMAN McDANIEL: Okay. And that will be an
adjustment to the agenda. We'll continue that Item 16D5. Okay.
MS. PATTERSON: Correct.
CHAIRMAN McDANIEL: Myself, I have no disclosures nor
any other additional adjustments to the agenda as is presented.
So with that, I'll take a motion for acceptance of...
COMMISSIONER SOLIS: So move.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
the agenda be approved as adjusted. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: (Absent.)
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
October 25, 2022
Page 10
(No response.)
CHAIRMAN McDANIEL: So moved. Let's go.
MS. PATTERSON: Thank you, Commissioners.
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
October 25, 2022
Correct the placement of Item 16F1 to now be 16A14: Recommendation to authorize the Clerk of Courts to
release a Performance Bond in the amount of $184,500 which was posted as a guarantee for Excavation
Permit Number PL20200000738 for work associated with Tree Farm. (District 3) (Staff’s request)
Add on Item 5C: Tax Collector presentation on the return of unused fees and Hurricane Ian discussion.
(Staff’s Request)
Add-on Item 10A: Recommendation to approve a Fifth Amendment to the Long-Term Lease and Operating
Agreement for the Golf and Entertainment Complex (the “Lease”) with CC BSG Naples, LLC (“BigShots”)
to Extend the Financing Contingency Period to April 30, 2023, to allow for additional financing to be
secured. (Commissioner Saunders’ Request)
Continue Item 16D3 to the November 8, 2022, BCC Meeting: *** This Item continued from the September
27, 2022, BCC Meeting. *** Recommendation to terminate for convenience of Revenue Generating
Agreements 20-7707R and 21-7836, with SSG Recreation Inc., as the concession service provider at Tigertail
Beach and Barefoot Beach. (District 1, District 2) (Staff’s Request)
Notes:
A signed agreement for item 16D4 was received after the agenda was published and will be provided for
the Court Reporter: Recommendation to approve the award Request for Proposal (RFP) No. 19-7657,
“Parks Activity Management Software Solution”, to Active Network LLC, and to authorize the
Chairman to sign the attached agreements. (All Districts).
TIME CERTAIN ITEMS:
Item 5C to be heard immediately following Item 5B
Item 11F to be heard at 10:00 AM: Goodwill partnership with Collier County for renovations and
improvements to the East Naples location for the Collier County Community Resource Center.
Item 11E to be heard no sooner than 2:00 PM: Update on the rock crushing activities on the property
located at the southeast corner of Santa Barbara Blvd and Davis Blvd.
1/9/2023 11:28 AM
October 25, 2022
Page 11
Item #2B
SEPTEMBER 13, 2022, AND THE SEPTEMBER 27, 2022, BCC
MINUTES – MOTION TO APPROVE BY COMMISSIONER
LOCASTRO; SECONDED BY COMMISSIONER SOLIS -
APPROVED AS PRESENTED (COMMISSIONER TAYLOR
ABSENT)
That moves us onto Item 2B, which is approval of minutes for
September 13th, 2022.
COMMISSIONER LoCASTRO: Motion to approve.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the minutes as they're printed. Are we doing 13th and
27th?
MS. PATTERSON: At your pleasure.
CHAIRMAN McDANIEL: Motion makers and seconders, are
you okay with doing them both?
COMMISSIONER LoCASTRO: Absolutely.
COMMISSIONER SOLIS: Sure.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the motion from both those meetings.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: (Absent.)
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
October 25, 2022
Page 12
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: Commissioner, that moves us on to our
proclamations section.
Item #4A
PROCLAMATION CONDEMNING ANTI-SEMITISM IN ALL
FORMS AND EXPRESSIONS; CONDEMNS ALL FORMS OF
DISCRIMINATION, PREJUDICE, AND HATE AGAINST ANY
PERSON OR GROUP OF PEOPLE, AND ANY CALL TO
VIOLENCE OR USE OF VIOLENCE FOR ANY PURPOSE AT
ANY TIME – ADOPTED
MS. PATTERSON: The first proclamation, Item 4A, was
continued from September 27th, 2022. This is a proclamation
condemning anti-Semitism in all forms and expressions, condemns
all forms of discrimination, prejudice, and hate against any person or
group of people, and any call to violence or use of violence for any
purpose at any time. This proclamation will be accepted by
Mr. David Silverberg.
CHAIRMAN McDANIEL: Good morning, David.
MR. SILVERBERG: Good morning.
CHAIRMAN McDANIEL: Come on up here and get your
picture taken. There's a few people coming up.
Thank you very much.
MR. SILVERBERG: Thank you all.
CHAIRMAN McDANIEL: Appreciate it.
(Applause.)
MR. SILVERBERG: Okay. Commissioners, thank you very,
October 25, 2022
Page 13
very much for issuing this proclamation and approving the draft that
was submitted.
My name is David Silverberg. I'm a resident of Collier County
District 2.
I want to thank you all for considering it. I want to thank you
for passing it. I think it marks a high point for Collier County. I'm
well aware that no proclamation is ever going to end hate or bigotry
or anti-Semitism; however, I'm hopeful that this will accomplish
several things.
First, it tells the world that Collier County is an open and
welcoming place ready to receive all visitors, guests, and residents.
Secondly, it puts Collier County on the record and expressing its
commitment to fundamental, patriotic American values like
tolerance, nonviolence, and fairness.
Third, I hope it will be a deterrent to anyone considering
commission of hate crimes of any sort. This proclamation tells them
that vigorous investigation, pursuit, and prosecution of such crimes is
a priority for law enforcement in Collier County.
Fourth, it's important in a historical context, because after a
storm, historically, there's been scapegoating and blame of people,
even for natural forces, and I can give you historical examples on
request.
There's simple anger, there's frustration with what's happened,
and we know that we'll have this here as we recover; however, with
this proclamation, we help prevent that kind of scapegoating and
blame that's so unjustified and is such a mar on people's records.
And this proclamation may seem to simply restate principles and
values that we all share, which is why it's passed unanimously,
and -- but sometimes things that seem most self-evident need to be
reaffirmed, and I'm very, very pleased to see that Collier County is
making that commitment.
October 25, 2022
Page 14
President George Washington famously wrote that the United
States gives, and I quote, to bigotry no sanction, to persecution no
assistance, unquote. This proclamation puts Collier County squarely
within that fundamental, patriotic American tradition.
I thank you for your service and for your consideration.
CHAIRMAN McDANIEL: You as well. Thank you, sir.
(Applause.)
CHAIRMAN McDANIEL: Okay.
RABBI MILLER: Mr. Chairman and fellow Commissioners, I
will keep this brief. David said it very beautifully.
CHAIRMAN McDANIEL: There was a reason why we put
this under proclamations --
(Simultaneous crosstalk.)
RABBI MILLER: I appreciate that. I also appreciate how far
our county has come. I'm Rabbi Adam Miller, senior rabbi at
Temple Shalom.
We celebrate 60 years this year, and with 850 households we're
the largest congregation in this area of Southwest Florida, and to
recognize that our oldest member, when she came here in the 1950s,
got out of the car with her husband and was told by the realtor, you
belong on the East Coast. You're not welcome here in Collier
County.
To realize how far we have come in this time to be a welcome,
opening space is so important for everyone in our community to
recognize, to recognize the leadership of this commission, to take on
this proclamation and to make it public is valuable for all of us, and I
look forward to our community continuing to grow from this, to
embrace this message of respect and engagement, and to seeing
where we go.
So thank you all very much for your leadership on this day.
CHAIRMAN McDANIEL: Thank you.
October 25, 2022
Page 15
(Applause.)
Item #4B
PROCLAMATION DESIGNATING OCTOBER 2022 AS
DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER
COUNTY. ACCEPTED BY LINDA OBERHAUS, CHIEF
EXECUTIVE OFFICER, THE SHELTER FOR ABUSED WOMEN
& CHILDREN – ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 4B,
a proclamation designating October 2022 as Domestic Violence
Awareness Month in Collier County, to be accepted by Linda
Oberhaus, chief executive officer, the Shelter for Abused Women and
Children.
CHAIRMAN McDANIEL: Are you by yourself today?
MS. OBERHAUS: Yes.
CHAIRMAN McDANIEL: How about that? Do you want us
to come down there with you so you don't feel all alone?
MS. OBERHAUS: No, that's all right.
(Applause.)
MS. OBERHAUS: Hi, good morning. So I want to thank
Commissioner McDaniel and the rest of the Board of County
Commissioners for honoring October as National Domestic Violence
Awareness Month.
As many of you know, domestic violence is an epidemic not
only in this country but also here in Collier County, an epidemic
where one in three women are impacted by domestic violence during
their lifetime, and one in five teens are also impacted by domestic
violence.
This past year alone there were 1,516 calls to 911 as a result of
October 25, 2022
Page 16
domestic violence, and we know that only half of all victims ever call
law enforcement for help. So over 1,500 calls for help.
We estimate that domestic violence is costing our community
over $30 million a year in resources from law enforcement, the
Clerk's Office, our local hospitals, mental health services, and lost
productivity at work.
We're very fortunate for all of the partnerships that allow us to
do this lifesaving work at the shelter to support victim families,
including all three of our law enforcement agencies; again, the
Clerk's Office, who process all of the injunctions for protection for
victims of domestic violence and human trafficking; the Collier
County Public Schools; the State Attorney's Office; and our local
hospitals because without all of these partners, we would not be able
to do the life-changing and lifesaving work that we do at the shelter.
And then, just finally, for more information about Domestic
Violence Awareness Month and the activities we have planned
during October, please visit our website at NaplesShelter.org. Thank
you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING OCTOBER 2022 AS
NATIONAL DISABILITY EMPLOYMENT AWARENESS
MONTH. ACCEPTED BY NICOLE CHOLKA, PROJECT
SEARCH INSTRUCTOR, CHRISTINA VOLPICELLI, MANAGER
OF STRATEGIC LEARNING, NCH, AND MATTHEW
HOLLIDAY, DIRECTOR OF ADVOCACY & GOVERNMENT
RELATIONS, NCH – ADOPTED
October 25, 2022
Page 17
MS. PATTERSON: Item 4C is a proclamation designating
October 2022 as National Disability Employment Awareness Month.
To be accepted by Nicole Cholka, project SEARCH instructor;
Hunter Klein, project SEARCH intern; Alia Lugo, project SEARCH
intern; Christina Volpicelli, manager of strategic learning, NCH;
Matthew Holliday, director of advocacy and government relations,
NCH; Meghan Daley, Lee Health project SEARCH program
coordinator; Susan Ellinger, Lee County School District assistant
director of ESE; Michael Nachef, Lee Health vice president,
government relations; and Katie Larsen, Lee Health program
manager, government relations.
CHAIRMAN McDANIEL: You always got -- always have to
watch when the guy with the bowtie's giving you directions, just so
you know.
Matthew, by the way, thank you very much for all you do.
Good morning.
You guys want to come up here? Right in behind our camera
lady. Come on up, sir.
Outstanding. Do you want to say a few words, please?
Good morning, sir. Good to see you, by the way.
MR. HOLLIDAY: Good morning, Chairman. Always nice to
see you-all. Thank you for having us before you today.
Project SEARCH is an amazing program. We're very delighted
to be a part of it with our good friends at Lee Health and the school
districts of Lee and Collier Counties.
Joining us this morning I have Mr. Hunter Klein, and he would
like to say a few words of thank you. But, again, we appreciate your
support.
CHAIRMAN McDANIEL: Outstanding.
MR. KLEIN: Hello, gentlemen. I would just like to say thank
you to Collier County for their continuous support of Project
October 25, 2022
Page 18
SEARCH at DNC; it's Baker Hospital. And just we appreciate all of
the continuous effort to make sure that people with learning
disabilities can get a job -- an upcoming job and have a bright future
ahead of them. So I thank you for continuous support.
CHAIRMAN McDANIEL: Appreciate you being here.
(Applause.)
CHAIRMAN McDANIEL: And you may have noticed I was
giving Mr. Holliday a little bit of business. But I spent an enormous
amount of time with him directly after the storm. He was in our
EOC operations center every single day not wearing a bowtie and
actually doing a tremendous amount of communication and
coordination with all of our public services that were helping with the
recovery. So thank you.
COMMISSIONER LoCASTRO: Unshaven, same clothes for
three days. That's a worker.
CHAIRMAN McDANIEL: I didn't say all that.
(Commissioner Taylor is now present in the boardroom.)
Item #4D
PROCLAMATION DESIGNATING OCTOBER 2022 AS
MANUFACTURING MONTH IN COLLIER COUNTY.
ACCEPTED BY ROB HARRIS, EXECUTIVE DIRECTOR,
SOUTHWEST REGIONAL MANUFACTURERS ASSOCIATION
AND TED BILL, PRESIDENT, PELICAN WIRE - ADOPTED
MS. PATTERSON: Item 4D is a proclamation designating
October 2022 as Manufacturing Month in Collier County. To be
accepted by Rob Harris, executive director, Southwest Regional
Manufacturers Association; and Ted Bill, president, Pelican Wire.
COMMISSIONER LoCASTRO: Are you sure you guys are
October 25, 2022
Page 19
friends?
MR. HARRIS: Good morning. Thank you, Chair, thank you,
Commissioners, for presenting the proclamation, and I thank all of
you for recognizing the importance of manufacturing.
We appreciate the opportunity to speak in front of you and our
county residents. My name is Rob Harris. I'm the executive
director of the Southwest Regional Manufacturers Association.
While the SRMA's mission of helping manufacturing and the
manufacturers grow has not changed, the talking points tend to
change every year. Currently, the hot topic is affordable housing,
workforce housing, or now what some are calling attainable housing,
essentially giving up the idea that our workforce can truly afford
housing in the region.
There are two sides to that coin. You can give financial
incentives to builders to decrease the cost of ownership or rental, or
you can pay people more money. Most people want the latter, but
that is not always possible in our state's primary industries of tourism,
agriculture, and hospitality. Even nurses, which are in high demand,
are paid a low starting wage.
Advanced manufacturing is the answer. In Collier County, the
average wage is nearly $62,000 per year. Students graduating from
the iTECH Center for Manufacturing Excellence programs are
entering the industry with an average starting wage of $43,600 per
year and, more importantly, a career path.
We need to change the perception of manufacturing. There are
400 businesses classified as manufacturers in Collier County
employing nearly 5,000 residents, and we need to encourage both of
those numbers to increase.
Today I have with me Ted Bill, the owner and president of
Pelican Wire, to share with you the types of impacts a company like
his makes in this county.
October 25, 2022
Page 20
MR. BILL: Thank you, Rob.
Thank you, Commissioners, for this recognition for
manufacturing. I'm happy to be here representing Manufacturers of
Collier County.
Pelican Wire company's been manufacturing products in
the -- in Naples, Florida, since 1976. We were first located over in a
small building in J&C Industrial Park, and today we operate out of a
33,000-square-foot facility located in Shaw -- in White Lake
Industrial Park.
Many people think of manufacturing as kind of a dirty, heavy
labor, rote type of -- type of job, but I can assure you that modern
manufacturing is anything but. Our employees work in a clean
facility, air-conditioned, with modern equipment with built-in
automation. It's really more of a thinking person's work than it is a
manual labor type of -- type of work.
We're not a generator of wastewater. The chemical wastes are
all minimal and disposed of professionally. Definitely not what you
think of as a traditional rust belt manufacturing.
Our employees take pride in manufacturing world-class products
that support many critical industries, including the military,
aerospace, silicone chip manufacturing, and the wind industry. We
even make wire that keeps the little piglets warm during the winter.
It's pretty cool to make stuff.
Our 80 employees are well paid at an annual average income of
$86,000. Even our most entry-level positions average over $22 an
hour.
And I'm proud that our company is actually employee owned,
which means our employees will retire from our business with a
significant retirement benefit.
And yet, as Rob mentioned, many of our teams struggle with the
price of housing in our beautiful Collier County. When I took over
October 25, 2022
Page 21
the business in 2008, 90 percent of our employees had a Naples
address. Today that number is less than 55 percent. We're seeing
our employees forced to move further from where they work because
of the difficulty in finding housing that is affordable. The result is
more pressure on our roadways and infrastructure without the benefit
of the tax income.
I hope the current and new commission will continue to find
solutions for everyone to live in the community in which they work
and play.
I also want to mention iTECH and the Center for Manufacturing
Excellence. This unique program allows high school students,
college graduates, and full-time workers the opportunity to learn the
skills necessary to succeed in today's manufacturing field. If you
believe, as I do, that manufacturing is an important part of keeping
our economy healthy and diversified, then I hope you'll support their
efforts to find a permanent home for the Center of Manufacturing
Excellence.
Pelican Wire is just one example of many manufacturers that
bring diversity to Collier County. I know Collier County's -- I know
with Collier County's focus, more manufacturers can reside and grow
in our county, providing additional opportunities for our community,
our neighbors, and our families, and we can bring balance to the
typical iconic industries for which Rob mentioned earlier and Collier
County is so famous for.
Thank you.
CHAIRMAN McDANIEL: Thank you.
MR. HARRIS: Thank you.
MS. PATTERSON: Commissioners, could we get a motion to
approve the proclamations -- or accept the proclamations?
COMMISSIONER SAUNDERS: So move.
COMMISSIONER TAYLOR: Second.
October 25, 2022
Page 22
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the proclamations as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Commissioner Taylor, good morning.
COMMISSIONER TAYLOR: Thank you very much. I
apologize for --
CHAIRMAN McDANIEL: Oh, no, no, no. We're -- you will
see a reduction in your paycheck upcoming, but...
We stalled off the acceptance of the agenda and such until you
got here, and your proclamations [sic]. So if you would, please,
indulge. If you have any other adjustments to the agenda.
COMMISSIONER TAYLOR: No adjustments.
CHAIRMAN McDANIEL: Okay. Ex parte?
COMMISSIONER TAYLOR: Yes, I do. On 17A I've had
emails, and on 17B I've also had a meeting on that.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Do you have any other adjustments
to the agenda?
COMMISSIONER TAYLOR: No other adjustments.
CHAIRMAN McDANIEL: Okay. Then with that, I'll call
for -- oh, we've already approved the agenda as stated. So I think
October 25, 2022
Page 23
we're good.
MS. PATTERSON: Yes.
CHAIRMAN McDANIEL: We're all set. Let's go. Let's go
forth with our presentations, then.
MS. PATTERSON: All set.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR OCTOBER 2022 TO VALVOLINE INSTANT
OIL CHANGE. THE AWARD ACCEPTED BY JOSH CARBY,
AREA MANAGER, AND ELIZZA BAGAINDOC, MARKETING
ASSOCIATE. ALSO PRESENT IS MICHAEL DALBY,
PRESIDENT AND CEO, GREATER NAPLES CHAMBER OF
COMMERCE – PRESENTED
MS. PATTERSON: Item 5A is a presentation of the Collier
County Business of the Month for October 2022 to Valvoline Instant
Oil Change. The award will be accepted by Josh Carby, area
manager, and Elizza Bagaindoc, marketing associate. Also present
is Michael Dalby, president and CEO of the Greater Naples Chamber
of Commerce.
COMMISSIONER LoCASTRO: This is the one in Collier
right down the road?
MS. BAGAINDOC: All the ones in Southwest Florida.
CHAIRMAN McDANIEL: Come right here in the center.
MS. BAGAINDOC: Oh, we're going to take a picture?
MR. DALBY: You get to say some words.
CHAIRMAN McDANIEL: If she wishes.
You're welcome to say a few words if you would like, young
lady.
October 25, 2022
Page 24
MS. BAGAINDOC: Hello, everybody. Good morning. I'm
very happy to be here and excited for our Naples locations.
For those of you who don't know what Valvoline Instant Oil
Change is, we're a 15-minute drive-through oil change location that
also performs preventative maintenance on your vehicles.
And I wanted to call out that this October we're raising money
for the American Cancer Society, and I know that's very close to a lot
of our hearts. So if you stop into one of our locations, you can round
up your invoice.
I did bring a couple of coupons. I, you know, was told to bring
10, so please be sparing with me. Just kidding. I have a website
that I can direct you all to. But I appreciate being here, and thank
you.
CHAIRMAN McDANIEL: Thank you, dear.
(Applause.)
Item #5B
UPDATE ON THE STATUS OF HURRICANE IAN RECOVERY
EFFORTS IN COLLIER COUNTY - DISCUSSED; MOTION TO
APPROVE ALL THREE ITEMS REQUESTED: (1ST) REQUEST
BY DAN SUMMER FOR APPROVAL TO REQUEST FEMA AND
THE STATE GIVE A 30-DAY EXTENSION OF CATEGORY A &
B FOR 100% REIMBURSEMENTS (2ND) CRITICAL NEED
ASSISTANCE ENDS ON OCTOBER 29 – WOULD LIKE TO ASK
THAT IT BE CONTINUED (3RD) INDIVIDUAL NEED
ASSISTANCE ENDS ON NOVEMBER 28TH WOULD LIKE TO
REQUEST AN EXTENSION, BY COMMISSIONER SAUNDERS;
SECONDED BY COMMISSIONER MCDANIEL – APPROVED
PUBLIC ASSISTANCE SIGN-UP FOR NON-PROFITS
October 25, 2022
Page 25
FROM FEMA ENDS DECEMBER 2ND
MOTION FOR THE CHAIR TO HAVE AUTHORITY TO ISSUE
A LETTER TO DAN SUMMERS FOR USE, IF THERE IS
OBSERVATION THAT FEMA’S TEMPORARY HOUSING
PLACEMENTS ARE NOT HAPPENING OR WITH ABIDING BY
THE LDC ALLOWANCE FOR PLACEMENT ON INDIVIDUAL
PROPERTIES BY COMMISSIONER SAUNDERS; SECONDED
BY COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: Item 5B is an 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. Good to be
with you.
Lots of information to convey to you today. And I just want to
first mention to you that I have put on your desk this morning a little
binder of FEMA and state fact sheets for -- maybe it might help your
aides with any other questions that may be forthcoming, an enormous
amount of information with programs, plans, policies, and
procedures. So I'll leave that for you for reference, and as these
other guides come forward, other fact sheets come forward, we'll be
sure and forward that to you.
Once again, as was mentioned this morning, our thoughts and
prayers for those who have been so heavily impacted by this event.
Every day is challenging. And we have a beautiful place to live,
work, and play, and I hope I can do justice to all the division directors
and managers, field managers and teams who have been working so
hard to put Collier County back to pre-disaster conditions. And by
no stretch are we ready for any victory lap, because we have
members in our community that are impacted, but we certainly want
October 25, 2022
Page 26
to recognize the small successes, the bites that we're taking every day
to get Collier County put back together, and that's a real attribute to
your directors and administrators and field personnel. And, again, I
know how hard they're working out there, so hopefully I can do
justice to their report today and their progress.
Moving forward, no substantial changes in our damage
assessment. Those numbers really remain pretty stable at this time.
And, again, as you always expect with flood conditions, there might
be some hidden damages that are not available to us. But,
nevertheless, this gives us a great baseline for which we continue to
move forward with planning and FEMA discussions. So no
substantial changes in damage assessment.
Our recovery goals and objectives still have not changed. And
job one is to support our neighbor and support our survivors, and
we're certainly working on all types of resources and avenues
associated with housing. We can -- we're going to talk more about
that shortly.
Our debris removal efforts address flood losses for our
infrastructure. Lots of infrastructure to be cleaned, maintained, and
repaired so we can keep water moving.
Transportation. Again, our signal activities, our roadways, and
right-sizing our needs to the entire community. And that really is
kind of a daily juggling activity that we're doing. While the EOC is
not active, it doesn't mean that we're not communicating, that we're
not virtual with the plans, policies, procedures, activities that we have
ongoing.
A reminder, and, again, you all stressed this at the last update
about electrical restoration. Both FP&L and Lee Co-op report to us
that they have 100 percent restoration of what we can connect to.
And, again, we provided this diagram. And in many cases where
you see the electric meter, that electric meter is the responsibility of
October 25, 2022
Page 27
the homeowner and, therefore, FP&L must have that system in good
working order and inspected. And Jamie French has covered that
with you-all in the past.
So, yes, do we still have outages? Yes, we do. But, again, it
requires a thorough electrical inspection or electrical repair, and
Growth Management Division has worked through that along with
Rich Long and his team.
Kind of long-winded here, but activities ongoing with the
Emergency Operations Center. Our Collier County EMS folks have
been most generous and continue to provide a little bit of relief for
Lee County EMS to spell those crews a little bit. Doing a little bit of
support in Lee County. That's not unusual, as both Lee County EMS
and Collier EMS work together on areas with our border.
We continue to start the demobilization process of about 80 state
mission requests, and we continue to work to -- we have asked the
state, rather, to make sure that we get some additional case workers to
support our nonprofits to address human service needs to help
navigate them through the various relief programs and, frankly, I
want that effort to come on strong, as we only had one Disaster
Assistance Center supported by FEMA. We are going to share with
you some strategies to make that site mobile and to address some
geographic relocation of that Disaster Assistance Center, but a lot of
folks need that opportunity for a one-on-one.
We are aggressively hunting for a Disaster Assistance Center.
We need about 3,000 square feet. And we're working on some ideas
with that so that individuals can come in, work with our non-profit
agencies, work with FEMA, work with the state to address some
mid- and long-term issues.
If you remember, during Hurricane Irma we had -- Salvation
Army had the old Office Depot across the street that we rapidly
helped get them set up in that location, and they worked tirelessly
October 25, 2022
Page 28
there for almost two years to address that particular casework.
Last weekend -- sir?
CHAIRMAN McDANIEL: Don't we still have a shelter open?
MR. SUMMERS: We do have a shelter open.
CHAIRMAN McDANIEL: Can we have a look at utilizing
that facility as -- is it in a proximity that would work?
MR. SUMMERS: I think, geographically, it's not in a good
location. I think to get a little closer to our East Naples and our
coastal areas and our flooded impact areas as opposed to North
Collier, plus the -- I think having reasonable CAT access might be a
better --
CHAIRMAN McDANIEL: Well, that's got reasonable CAT
access. I'm not going to debate it right now. It just popped in -- I
didn't realize we were looking for this, so...
MR. SUMMERS: Yes, sir. Understood. And --
CHAIRMAN McDANIEL: Commissioner Taylor, did you
want to respond to that?
COMMISSIONER TAYLOR: No.
MR. SUMMERS: And that's late breaking. We're working
with the County Manager's Office on that.
You-all were engaged with us to some degree. We did a lot of
work to get an additional push of shelf-stable meals, tarps, and cots to
a lot of non-profit partner agencies in relief efforts. We
continue -- you know, our special-needs clients are still being tracked
and looked after. Our hurricane information hotline, Michael
Brownlee and his team responded, again, to about 5,500 calls, and
still maintain some call tracking in the areas that you would expect,
debris and other FEMA questions as well. So all of that is going
well, but quite busy.
A reminder of the recovery programs that are out there. And I
think this is important to continue to stress to individuals to register
October 25, 2022
Page 29
with FEMA, and I have some statistics for you here momentarily.
But we have our nonprofits, Red Cross, Salvation Army, other
nongovernmental organizations, NGOs, as we refer to them, doing
casework for those that are displaced. We are working our public
assistance, which is our government reimbursement. Folks need to
continue to stay in touch with FEMA. Many times they'll be
referred to the SBA. Don't give up on that process. Continue to
work through that. Return the phone calls. Do the follow-up
necessary with FEMA and SBA.
The National Flood Insurance continues to work immediate
disbursements. Also, there is a self-reporting tool for damage
assessment on our website.
Crisis cleanup still has opportunities. That's a crowd-funded,
crowd-sourced area of support for cleanup and emergency
restoration. That crisis cleanup website continues to operate. We
have resources in there, and individuals can seek assistance, and that
has worked well over many years.
Our Human Services folks continue to work HUD funding
opportunities for emergency repair, as well as our volunteer agency
coordinator is still working with natural disaster teams in the area.
FEMA and the U.S. Army Corps of Engineers handles the blue
roof program. The requests for blue roof in Collier County have
dropped off substantially. I think there are less than a dozen
installations. But I had an opportunity to fly over in Punta Gorda
and Lee County, and it's 100 percent blue roof. So we're very
fortunate in that perspective that our demand here is very low.
We want to thank the generosity of our community. The
Community Foundation in Collier County hit about the $4 million
mark in local contributions. That allows immediate disbursement to
our non-profit organizations, and as I have said before, giving local is
getting it done locally. We really appreciate that.
October 25, 2022
Page 30
We still are reminding folks we don't want donated goods. We
appreciate the generosity, but donated goods don't work really well
for us. They clog up a lot of resource and a lot of work activity, and
if we have something specific, we'll ask for that, or if an agency has
something specific, we'll certainly work with them.
And, again, caseworkers is an issue that we've requested of the
state. We want to get these folks in to give some relief and support
to United Way, Red Cross, Catholic Social Ministries, those groups
that are doing a lot of that one-on-one family assistance.
Our other neighbors. Our other partners, we want to continue
to mention them because they've all been critical players, whether it's
our Collier Keys, our hospitals, our Harry Chapin Food Bank, Meals
of Hope, Daily Bread. So, again, the financial resources going into
these organizations tremendously help their ability to deliver and help
folks get back on their feet.
FEMA assistance, the FEMA 800 number, 1-800-621-FEMA is
still readily available. FEMA, remember, does not impact -- or
FEMA relief funding does not impact any other program that you
receive. It does not -- it doesn't affect your taxes. It doesn't affect
any other programs, your insurance. So if you have that need, please
don't hesitate to reach out to FEMA.
If a FEMA inspector calls, I can't stress enough to return that
call. And now there is a YouTube site. All you have to do is search
"disaster assistance," and you can get some video coaching on
YouTube FEMA reimbursement and FEMA assistance process.
I think this is a little telling in terms of how many folks in
Collier County have participated. My last report to you, 17,253
registrants. Now in Collier County 27,017 folks have registered
with FEMA. Individual housing assistance that FEMA has
disbursed, my last report to you was 15.9 million. As of yesterday,
they have disbursed 30.7 million. Individual -- and housing
October 25, 2022
Page 31
assistance, rather, was 10 million; now up to 21 million. And other
needs assessment -- other needs assistance is now at 9.8 million. So
a lot of funds being put in those that will -- hopefully this will help
them to their pathway to recovery.
I mentioned the Disaster Recovery Center that we have at
Veterans Park. Veterans Park is a polling site, and we have
to -- therefore, we have to relocate. There's not enough room to do
both. So we have come up with a strategy which has been supported
by FEMA and the state. On or about November the 6th we'll have to
move that site to the museum here at the government complex. We
will run that from November the 7th through the 13th. We think that
will be a little more geographically helpful. And then our second
home after the 13th will be Donna Fiala Eagle Lake Park, and that
has enough square footage for our FEMA folks to work and continue
registration there.
And that will run until November the 14th. And I do want to
ask you at the end of this presentation for a nod or some guidance, as
I think that should be extended. We have just not had the
geographical spacing of these Disaster Recovery Centers I think we
should have, and I'm going to ask you for your support for an
extension.
We're getting -- at long last getting a FEMA mobile unit, and
that -- we have a schedule -- a five-day increment schedule to get the
mobile unit to Mackle Park in Marco, Copeland, as well as
Immokalee Health. Now, remember, we have had FEMA boots on
the ground canvassing communities. They've hit the heart of Naples.
They have hit the mobile home parks. They've been to Isles of Capri
and continue to canvass, and when they canvass, they also register.
But in many cases these mobile units allow our residents to ask
questions or make some clarifications on their applications as well.
So we want to get these mobile teams in here. And on Monday I'll
October 25, 2022
Page 32
get another report of contacts that the DSA folks have had, the boots
on the ground canvassing neighborhoods and communities for FEMA
registration. So, again, very important to get that work done.
FEMA activated the TSA, the transitional sheltering assistance,
and that is a program that we used during Irma pretty successful, but
this time our hotels are so heavily impacted, so there have been less
than 30 placements into a hotel room at this point under FEMA. But
it -- and let me rephrase that. Under 30 placements within Collier
County. They can place individuals if they're willing to relocate to
other areas. So, again, not as much hotel availability as we had
hoped mostly because so many of them had been hit so hard.
SBA continues to work their housing loan programs. And
STEP, many of you had heard about STEP, which was a
FEMA-funded initiative for sheltering and temporary
emergency -- I'm sorry -- sheltering temporary and essential power,
and that was just basically ensuring four walls and a dry roof. That
program has not been funded since 2018, and we confirmed
yesterday that FEMA will not be reactivating the STEP program, at
least for this disaster or in the foreseeable future.
Our debris removal folks have done an awesome job and, again,
certainly a different benchmark and a different environment from
Irma. 575,638 cubic yards, 11,000-plus loads, and 150 hauling
units, and a lot of work gone on. And, certainly, we haven't been
able to -- this doesn't happen overnight, but I think it's on a -- and our
two key vendors are here today, but they have been working tirelessly
to keep things moving.
On -- I'm sorry. October the 19th, we finally got some
guidance from FEMA on multifamily debris removal. That was a
little painful to get some of that approval through to FEMA, and I
think what is very challenging for us is that at the 10,000-foot view,
our A zone, our immediate coastal zone was catastrophic damages,
October 25, 2022
Page 33
but inland Collier County did not have catastrophic damages. So we
kind of had to force FEMA to write the rulebook there and hopefully
making some good progress on that reimbursement.
Haul-out to the Okeechobee Landfill began on the 22nd, the
recycling centers that had been open for yard waste and the ongoing
efforts for cleanup at parks and schools.
And the public portal at the bottom is quite amazing. And Kari
and Dr. Yilmaz and their entire team have a really unique dashboard
there to show the progress that they are making, and you see the
pictures here of the resource recovery park as well as Wiggins Pass.
The view and the magnitude of those operations is just really hard to
fathom unless you're on the ground.
CHAIRMAN McDANIEL: And that is the access to the
dashboard?
MR. SUMMERS: That is correct.
CHAIRMAN McDANIEL: That's an -- that's a -- that's a
wonderful tool that folks can have access to to know exactly what's
going on.
MR. SUMMERS: And what's amazing, it really does kind of
show the forward progress and let you have -- lets all of us
understand the magnitude.
CHAIRMAN McDANIEL: Well, I mean, your report here says
575,000. That was three days ago. And today, this morning when I
looked, it's 630,000, so...
MR. SUMMERS: We don't let them sleep, Commissioner.
We keep them rolling.
CHAIRMAN McDANIEL: I understand, as it should be.
MR. SUMMERS: With an iron first.
Again, moving forward. And, again, hats off to the debris
management team, Kari and Dr. Yilmaz. The positive feedback
from the public is here. It is a challenge. Sometimes things don't
October 25, 2022
Page 34
go right, and maybe a mailbox gets knocked over or something, but
they're working very hard and being very customer centric in this
particular effort, and it's great to see the public provide some positive
feedback on these efforts.
Communication, coordination, collaboration continues to be part
of their success. Our challenges, of course, with some of our FEMA
approvals, illegal dumping always shows up, and then you've got
insurable losses where folks have stopped carrying items to the street,
and their insurance has brought a dumpster or something to the
driveway and a lot of self-collection going on as well. But, again,
very much a moving target, if you will, associated with the debris.
I believe we wanted to -- you-all wanted a minute with our
contractors. So Matt and Ralph are here from AshBritt and Tetra
Tech, and I believe you'd like for them to come forward. So, Matt.
MR. GIERDEN: Good morning, Commission.
First of all, I'd like to say thank you for the opportunity to be
here. For those of you who don't know me, my name is Matt
Gierden. I'm a senior vice president for AshBritt. I stood before
some of you here during Hurricane Irma as well, during that
catastrophe. We have to stop meeting on these types of occasions.
I have quite a few family and friends that live in this
community, so I take a lot of pride in recovering from Collier
County.
One of the things I like to mention to note is after Irma, it was
about 90 days for us to get the county back to where it looked pretty.
I'm pretty confident we're going to have this county looking very
pretty before Thanksgiving; however, we do always have a phrase
that we used in Irma -- I'm not sure who coined it -- "no pile left
behind." But we'll continue to collect debris as long as you-all need.
We're going to stay here and give the level of customer service that
you offer your residents which is -- in 20 years of doing this, your
October 25, 2022
Page 35
customer service to residents is second to none. Collier's always
been my flagship client, as I call it, yeah, with your team, your
people, you're proactive. It's always a blessing and pleasure to work
and come visit Collier County.
So I look forward to any question you guys have. I appreciate
the opportunity. Again, thank you.
CHAIRMAN McDANIEL: Thank you. Thank you.
MR. NATALE: Good morning.
CHAIRMAN McDANIEL: Good morning.
MR. NATALE: Good morning. My name is Ralph Natale. I
am the director of operations for Tetra Tech. We have been your
contractor for technical assistance and disaster debris monitoring
since Wilma, so going back 17 years.
We currently have 200 local employees employed to assist in the
response. That is something that comes down from the Stafford Act
through FEMA. It's a requirement of the reimbursement.
I will tell you, I have a unique experience. I am actually a
resident in a Class A flood zone with 10-foot surge going through my
home while trying to respond to this event.
So when I talk about the things that I've noticed or, you know, a
couple bullets here that come from my perspective, they're more from
the residential side with a big subject-matter expertise. I've been
through 300 of these over 17 years, so I'm very aware of the
difficulties of these responses.
I will say that the county is one of the most prepared counties in
Florida and maybe in the country. Navigating this book that you just
got is very difficult. There are certain situations that have occurred
that, you know, have been handled seamlessly, a result of disaster
debris planning that has gone back since I can recall, 10 years ago or
more. Preparation from the county has been exceptional in their
ability to respond.
October 25, 2022
Page 36
They're also very -- your leaders are very bold. What Dan said,
navigating some of these reimbursement issues seems seamless. It is
not. It is not for your neighboring communities. It was led from
this community. Again, very bold decisions, a lot of calls, a lot of
coordination to get through some of those issues. It's second to
none, really, on this -- on this event.
And, third, I would say from the community's standpoint, I've
seen a recovery that is typically two, three months for residents to get
the majority of the debris to the curb post flood. I've seen that
expedited here. With that said, there is a lot to be done. I know the
majority of the debris is coming off the streets by Thanksgiving, but
there's still residents that are waiting on insurance and also support to
get that debris to the curb. It is not like Irma or Wilma where it's
vegetative debris that's being brought to the curb. That's a little
easier to do. This is ripping out drywall and heavy things in your
household, so it's a lot different. So that's my perspective.
CHAIRMAN McDANIEL: I appreciate all you're doing.
Thank you. And good luck with your own.
MR. SUMMERS: Don't forget your phone. I should have
kept that phone. There may have been some hotline numbers in
there.
CHAIRMAN McDANIEL: His wife's telling him what he
needs to bring home for supper tonight.
MR. SUMMERS: Drywall, probably; hopefully not.
Again, great work by the team. And, again, lots of -- lots of
coordination calls and lots of discussion, and we appreciate all
partner efforts.
CHAIRMAN McDANIEL: One second.
MR. SUMMERS: Yes, sir.
CHAIRMAN McDANIEL: I misunderstood. Commissioner
Solis wants to say something.
October 25, 2022
Page 37
MR. SUMMERS: Pardon me.
COMMISSIONER SOLIS: Since we're on the debris removal
portion, the Wiggins Pass debris removal site, I've just had a lot of
questions; who, what, and where.
MR. SUMMERS: Okay.
COMMISSIONER SOLIS: In other words, I guess just to
confirm that it's AshBritt that's moving in there. That's not really
part of the question. But the question is, what is going in there, and
then where is it going to go?
MR. SUMMERS: Let me ask Kari Hodgson to come up,
director of your Solid Waste. Let her comment on the clarification
of the --
COMMISSIONER SOLIS: I just have a lot of questions in
terms of what's going in there. Is it the same like Irma, or is it
different material? What's going in there?
MS. HODGSON: Good morning, Commissioners. Kari
Hodgson, director for Solid Waste, for the record.
The construction and demolition material that you heard our
contractors talk about, what's being put at the curb, all of the drywall,
all of the furniture, all of those items are going in there. They're
crushed, and then they're transported out to Lake Okeechobee
Landfill, which is what you saw on the slide, that that commenced on
the 22nd.
COMMISSIONER SOLIS: Okay.
MS. HODGSON: And we're available for any questions that
your constituents might have that we can help with.
COMMISSIONER SOLIS: And that's -- so it's just the
construction material; it's not vegetation debris as well?
MS. HODGSON: It has a small amount of vegetation debris.
There's not nearly as much in that area. That is getting most
of -- gathering most of the debris from that area.
October 25, 2022
Page 38
COMMISSIONER SOLIS: Okay. Thank you.
MS. HODGSON: Uh-huh.
MR. SUMMERS: Our tourism folks played a vital role in the
EOC operations as well, and Paul has been -- his team has been
reporting constantly, and you see now that we're up to 73 facilities
that are open and operating. Still have a couple of folks that are
off-line. That is down from -- to 28 from 39.
No return to operation yet is now five, and imminent
repairs -- hopefully imminent opening is now down to nine. And
you see the percentages there. So, again, we're appreciative of the
information that Paul's team has provided.
CHAIRMAN McDANIEL: Don't go away yet.
Commissioner Taylor.
MR. SUMMERS: Yes, ma'am.
COMMISSIONER TAYLOR: In relation to that, have
we -- and maybe this is a Commission decision. Maybe this is not.
But we are still under a state of emergency, are we not?
MR. SUMMERS: We are.
COMMISSIONER TAYLOR: Okay. And given that, we
have our neighbors to the north that are in huge, huge trouble. And I
just listened today where Florida State is sending in mental health
workers. They have no housing. Our housing is very lean, so to
speak. Are we doing any kind of -- requesting any kind of the hotels
for priorities for these emergency workers so that we can keep this
mission not only here but in Lee County moving?
MR. SUMMERS: I would say from an EOC policy
perspective, that's not anything that we have addressed before. Paul
is here, and Mike could comment. A lot of the hoteliers have been
very sensitive to supporting first responders and others. But in terms
of anything official, we have not been down that path before. And
maybe if Paul would like to come up and just mention the
October 25, 2022
Page 39
cooperation that we've had from the hoteliers. So in an official
capacity, no, ma'am, we have not.
COMMISSIONER TAYLOR: Okay.
MR. BEIRNES: Good morning. For the record, Paul Beirnes,
director of Tourism.
And, yes, indeed -- thank you for that question -- we have had
constant dialogue through our hoteliers. Their priority, they know, is
to get the destination up on its feet through contractors, displaced
residents. That is really their priority. That is also why tourism, we
have stood down on any marketing, any social media. Really, it is a
really readying our own -- our own home, if you will.
Our call center, which we'll talk in a little while from now, is
actually engaging with all of these hotels on a regular basis to
identify any of those blocks, those holes. There are literally five
rooms here, 10 here. Fortunately, as we start seeing on a daily basis,
the resumption of business and fixing up rooms, our number of
available rooms is now coming back online. So it makes us a little
more excited than only seeing four or five rooms. Now we're
starting to see 10, 100 blocks.
Our focus is regional. We recognize the impact in Lee County
is exceptional and, as well, we know that those first responders and
contracted vendors need to tap into our hotels.
So to answer the question, yes, the hotels are very, very focused
on making sure Southwest Florida is readied, and that's their priority
of putting heads in beds.
COMMISSIONER TAYLOR: So there's a soccer tournament
coming in two weeks, and there's 500 people that have made
reservations in these hotels. What are you doing about that?
MR. BEIRNES: Actually, it's 371 rooms that are blocked over
two nights. One of the fine balances -- that's a couple weeks from
now -- fine balance, as we start to see the hotels coming back online,
October 25, 2022
Page 40
is, yes, we absolutely agree we need to put heads in beds, and the
contractors need to be the priority.
Those room blocks are already reserved. That is up to the
hotels to manage that. But at the same time, we also know that the
county's responsibility is also the economic impact of those that are
very much suffering; that is the hotels, the attractions, the ancillary
businesses, if you will, that basically rely on tourism through the
economic puzzle.
So it is two nights at the most. It's 371 rooms that we've been
able to identify and, you know, they're spread across many, many
hotels. I think 30 rooms is the maximum in most the hotels. But,
really, we're not in the operations of the hotel. That is up to them to
manage how they execute that. And we do not, as a county, really
have the legal authority to tell them otherwise.
But truly, the hotels are coming back online. Again, yesterday,
I was really excited to see some of the blocks that were coming up
that had rooms of a 100 rooms or 200 rooms. In our conversation
yesterday with TDC and Amanda down at JW Marriott, tremendous
amount of rooms that are back online.
So I think things are readying themselves quickly here.
COMMISSIONER TAYLOR: Without -- without any
intervention by government?
MR. BEIRNES: That is correct. That is correct.
COMMISSIONER TAYLOR: So if you have 371 rooms in
two weeks, who are you displacing? Because what I'm
understanding from the hoteliers is they're getting a lot of pressure
from the CVB about all they want to do is make money and, you
know, you did book these hotel rooms, and they're saying, we can't
throw out emergency workers, and that comes from your office.
MR. BEIRNES: So, you know, we do not have the authority to
intervene with the operations of the hotel. The market conditions, if
October 25, 2022
Page 41
you will, pretty much any sporting event that has happened between
now or between the storm until late November, early December, has
been self-remedying, and they have canceled.
This one particular event, I believe the dates are the 11th and
12th of November, between now and then, we are starting to see that
opening of those room blocks. I feel like right now we're seeing a
migration of a lot of contractors finishing the role, and they're
leaving. That's why we're starting to see these blocks open up. I
don't believe that we're going to see what we have in the last 30 days,
which is zero occupancy. I believe that we will be able to market
remedy and absorb those -- those responders that are coming into
town. Again, crystal ball is not always as clear as you hope it to be.
But truly, the CVB has not been in the position of, you know, forcing
anything upon hotels.
COMMISSIONER TAYLOR: So maybe that's a discussion we
don't have now, we have later in the meeting, whether this
commission wants to take a position whereby we reserve X amount
of rooms in each hotel for survivors who do not have homes, families
who do not have homes, contractors who are coming in, people like
that, because they don't all bring their own housing. Not right now,
of course, but --
CHAIRMAN McDANIEL: Do you want to address that or --
COMMISSIONER SOLIS: Well, I would. I think that the
issue really comes down to whether or not we want to take some
action relating to an event at the sports park. I mean, that's
really -- if you're talking about the 371 rooms and whether or not we
should intervene somehow in how -- in whether or not those hotel
rooms are going to be reserved for some other event.
I mean, I understand the concern, but I'm hesitant, and I agree
with Paul, that we shouldn't get into the business of the hotels. And,
I mean, if the hotels have rooms they want to fill them up, they
October 25, 2022
Page 42
should do that. We can't dictate to the hotels who they're going to
give the rooms to. I just don't even think we should --
CHAIRMAN McDANIEL: Do you want to respond to that?
COMMISSIONER SOLIS: -- go there.
COMMISSIONER TAYLOR: Okay. And so in terms of
helping out Lee County, who have -- maybe have the opportunity to
have some kind of economic activity in Lee County and they need
additional homes, we're just -- that's -- or additional rooms for an
event, we're just going to let the -- have this solved on a
hotel-by-hotel basis?
COMMISSIONER SOLIS: I think so.
CHAIRMAN McDANIEL: Yeah.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: With little to no government
intervention.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Mr. Chairman, I agree with
Commissioner Solis and with you, Mr. Chairman. I haven't received
any phone calls concerning that particular issue. We certainly don't
want to have a discussion of that import without public notice and all
of that.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: But my gut feeling is we
should not get involved in that discussion at all, as has been advised
by the experts that are handling that.
CHAIRMAN McDANIEL: Well -- and it gets out in front of a
federal mission on top of it. We still haven't solidified the housing
mission that FEMA's coming forward with. It's inevitable that
they're coming forward with one, but we don't need to -- we don't
need to lean out over our skis on something such as this on a
October 25, 2022
Page 43
reactionary basis, so...
Are we all okay with that?
(No response.)
CHAIRMAN McDANIEL: Let's move on.
COMMISSIONER TAYLOR: Thank you.
MR. SUMMERS: Commissioners, something here really kind
of unique and different this time and new from our last presentation is
to really make sure that builders, contractors, restoration contractors,
so many of these high-rise buildings in Collier County have what's
referred to as a bidirectional amplifier, and it takes our law
enforcement, fire, and EMS dispatch signal into the building. As
you know, radio waves are not friendly with concrete.
And so we have a number of these bidirectional amplifiers in
high-rise buildings that have been impacted or have been cut off.
And if at any point these systems are reactivated without coordination
with our public safety radio division, which is now within Emergency
Management, they could very potentially lock out our public safety
dispatch in that area for police, fire, and EMS.
And there's new statute for this. Nathan Hinkle is our
communications manager now working within Emergency
Management, and the FCC, the Federal Communications
Commission, puts Collier County -- we're the license holder for that
radio system. It is very complex, very detailed. And we just want
to remind builders and contractors not to reactivate those radio
systems without coordinating with us. We could get into co-channel
interference and, literally, shut down a mile or so radius of public
safety communications.
CHAIRMAN McDANIEL: Who's in charge of that?
MR. SUMMERS: Nathan Hinkle is our communications
manager.
CHAIRMAN McDANIEL: We know where all those are?
October 25, 2022
Page 44
MR. SUMMERS: We know where they are.
CHAIRMAN McDANIEL: So we have a finger on all of those
things so that we don't have that issue?
MR. SUMMERS: In theory, we have our finger on them. A
lot of times if they're not working closely with the fire marshal during
a reinspection or repair, rather -- so Nathan and the fire marshal are
working on that. That is a life-safety code issue.
We just want to remind contractors, restoration contractors to
give us a call, and we will work through the coordination of the
proper frequencies, because that is quite an interesting market that
has opened up due to state statute. But if it's done incorrectly, it will
dramatically impact our radio system.
CHAIRMAN McDANIEL: It would be my vote that we have a
finger on them sooner than later --
MR. SUMMERS: Well -- and again --
CHAIRMAN McDANIEL: -- so we're not announcing it at a
public meeting.
MR. SUMMERS: -- some of these show up registered and
some of them do not, so we've got to get a handle on that. Thank
you.
CHAIRMAN McDANIEL: Yes, sir.
MR. SUMMERS: Thank you.
Coastal zone team, again, a couple great pictures here of the
work that they've been doing, the debris on the beach that you're
readily familiar with. The beach tilling efforts in order to help grab
some of that debris, some of those dangerous objects. And our
thanks to the coastal zone folks.
A great illustration here, the tilling that's been done at Barefoot
Beach, Naples beaches, working on -- to get the debris out of the
water itself and been using drones in order to help identify. I know
that there are some reports in Lee County of still an enormous
October 25, 2022
Page 45
number of cars in the water. So a lot of work left to be done in Lee
and Charlotte County with the vehicles that floated.
Stockpiles of debris have been removed from Lowdermilk as
well as Horizon, Barefoot Beach, and still some piles that are being
worked on. And, again, the ongoing cleanup effort of anything that
washes up. And, again, I think we're going to see debris wash up
here for some time, and our team is definitely on board monitoring
that.
Stormwater folks, the small dots here are areas of work that
they're observing, that they're monitoring. Looking at some of the
nontidal waterways to get inspected. They have purchase orders and
permit processes underway.
It's also a requirement that we work through the national
conservation resource -- natural conservation and resource folks.
They typically are a firewall, if you will, for some of the FEMA
reimbursement. We have to go through a process. But NCRS
hasn't been funded for any debris removal in at least over a decade,
but the statute still requires that we work through them for FEMA
reimbursement on canals, et cetera.
Stormwater capital, working on derelict vessels. And, again,
we like to kind of make sure there's a distinction between displaced
vehicles and derelict vehicles -- vehicles -- vessels -- derelict vessels
and displaced vessels. Derelict is really confirmed after 45 days of
intent for trying to make contact with the owner. After that -- or
hopefully before that many folks have rescued their own vessels.
That's a coordination effort with the Collier Sheriff's Office, FWC, in
some cases DEP along with state recovery contractors to get those
vessels out of the waterway.
COMMISSIONER SOLIS: So I can -- Mr. Chair?
CHAIRMAN McDANIEL: Sure, sure, sure.
COMMISSIONER SOLIS: I'm getting a lot of these questions.
October 25, 2022
Page 46
MR. SUMMERS: Okay.
COMMISSIONER SOLIS: So, really, the recovery of those
vehicles by the county or the state or the federal government,
whoever's going to do that, we have to essentially wait 45 days before
any of that starts happening unless the owner comes and gets it?
MR. SUMMERS: Unless -- that's correct. It's my
understanding -- and Beth is here. She might want to elaborate on
that just a little bit. But for clarity, so the owner is notified --
CHAIRMAN McDANIEL: Yeah, I was going to say.
MR. SUMMERS: -- and the Sheriff's Office and FWC pull hull
registrations, make notification. They give that boat/vessel owner
maybe up to 45 days. Certainly, if there's a spill or a potential for
spill, they're escalating that. And once it becomes derelict, then it
becomes a state mission to get that vessel removed.
CHAIRMAN McDANIEL: It's not a waiting process. FWC's
actively involved in contacting with us --
MR. SUMMERS: That's correct.
CHAIRMAN McDANIEL: -- coordinating with us with the
owners in order to move it forward. But the owner actually -- if I
understand correctly, the owner actually has to declare it derelict
before the state will step up.
MR. SUMMERS: Correct.
COMMISSIONER SOLIS: That process involved
probably -- at least 45 days.
MR. SUMMERS: That's my understanding, correct.
COMMISSIONER SOLIS: Okay.
MR. SUMMERS: Again, I think if there's imminent spill or
fuel leak, those issues are obviously escalated.
Beth.
MS. JOHNSSEN: Beth Johnssen, Capital Project Planning.
If a privately titled boat, car, watercraft, whatever, if the owner
October 25, 2022
Page 47
wants to relinquish the ownership of that, they can reach out to FWC,
sign a form that indicates that they would like to claim derelict,
so -- then they'll come collect it.
COMMISSIONER SOLIS: And to do that, that doesn't saddle
them with any responsibility for cleanup or removal of it or anything?
MS. JOHNSSEN: I can't speak to that.
COMMISSIONER SOLIS: Okay. I just -- I just wonder if we
can have a very clear message on that just because, you know, I'd
hate for people not to be just starting the process off as fast as it could
be started because of some reservations that somehow they would be
responsible for some damages or something.
MS. JOHNSSEN: We'll chase that down, and we'll put that
information out.
COMMISSIONER SOLIS: Okay. Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor, did you
have a question? I saw you hitting your light down there.
COMMISSIONER TAYLOR: Yes. I remember there was an
abandoned vessel that stayed on the beaches of the city -- I think it
was the city. It was a sailboat, and it was more than -- more than a
year we had fun with that trying to figure out who was going to take
it off, and then there was a delay and things like that.
COMMISSIONER SOLIS: Vanderbilt Lagoon, yeah.
COMMISSIONER TAYLOR: Is this going to be something
that we can get done in a quicker fashion? I guess, is Florida Fish
and Wildlife mobilized, or who's actually removing these?
MS. JOHNSSEN: We have a contractor that's standing by.
Again, at the end of the 45-day period, the contractor will be ready to
start removing those vessels; however, the contractor has told us that
their experience is within 30 days they typically see 90 percent of
boats, vehicles, watercraft removed either by the owner or the
insurance company.
October 25, 2022
Page 48
COMMISSIONER TAYLOR: Okay. Thank you.
MR. SUMMERS: Wastewater, the entire team there continues
to carefully monitor. This report has not changed too much.
Primarily associated with the 42 electrical panels that were flooded
out. That will take some time. They're working on quotes and
expedited install.
Mersino Contractor efforts working 30 stations with flow
restored with bypass pumps, 60 pumps were installed during the
event, and Southern Sanitation continues to pump out, as needed,
some of these locations. But a lot of work going on there. But I
think the good report there is steady state and steady conditions there
as they work through bringing these other stations back online.
Road and Bridge team has done an awful lot of work, as you
would imagine, with arterials being swept. Debris removal
operations going on as well.
Landscape trees, a fair amount of those were downed, with the
smaller root systems were downed. Ninety-five percent of those
have been picked up. Secondary -- Southwest collections system
debris clearing continues, and landscape irrigation. We want to get
those -- protect that investment in the landscaping. So 99 percent of
those controls -- irrigation controls, et cetera, are back online.
A couple of things here that I am requesting some support. I do
think it's relevant to ask FEMA and the state for an extension on two
items. First of all is to ask for an additional 30 days for Category A
and B for 100 percent reimbursement. Again, just due to the
magnitude of the event.
Critical needs, it's that stipend that goes to families. That
expires on October the 29th. And, again, my rationale for that is
with only one Disaster Assistance Center -- Disaster Recovery
Center, rather, provided by FEMA, I really do think that that critical
needs assistance funding still needs to be continued for many
October 25, 2022
Page 49
families.
And the last day to file for individual assistance is November the
29th. And I think that, too, should be extended. And if you are in
agreement with those concepts, I can handle that. If you support
that, I can handle that as an internal request with the understanding
that I had Board approval to request those extensions.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a
motion to approve all three of those --
CHAIRMAN McDANIEL: Second.
COMMISSIONER SAUNDERS: -- requested items.
CHAIRMAN McDANIEL: It's been moved and -- I seconded
it. It's been moved and seconded that we approve those things, and I
wholeheartedly agree, by the way, so...
MR. SUMMERS: Thank you for that support.
CHAIRMAN McDANIEL: It's been moved and seconded.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. SUMMERS: And thank you, sir. Appreciate that.
And my last comment here is the request for public assistance,
and that's for nonprofits -- eligible nonprofits, other governmental
units. You're required to file for FEMA assistance by December the
2nd, and we have followed up with all of our governmental units and
October 25, 2022
Page 50
nonprofits to make sure that request for public assistance, it's really a
bookmark to say, hey, I'm an eligible candidate for FEMA
reimbursement, and I wanted to put that on record for any of our
nonprofits in particular or governmental units that have not filed with
FEMA, that December 2nd is your last day to do that.
That's all I have. Again, my sincere thanks to the entire team
and their hard work. And we're calling on our partner agencies
every day, and they're certainly stepping up well. It's not an easy
road to navigate, recovery, but everyone is giving us their best, and I
thank you for that.
CHAIRMAN McDANIEL: And as are you. Thank you.
MR. SUMMERS: Thank you.
CHAIRMAN McDANIEL: Now don't go away. I'm lit up
over here. I'm going to go to Commissioner Taylor first.
MR. SUMMERS: Yes, sir.
COMMISSIONER TAYLOR: Oh, no.
CHAIRMAN McDANIEL: Are you all set?
COMMISSIONER TAYLOR: I am, thank you.
CHAIRMAN McDANIEL: Well, good.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, I just have some
comments and some positive shout-outs to sort of round out the
conversation.
To the team, the debris team, our county, and our contractors, I
think what's been most impressive, and some citizens maybe don't
fully realize this, this wasn't Irma, as we were saying, you know. It
was a water event, not a wind event, and the difference was -- and
this is where I think we're so impressed with the great work that
you-all have done as a team is, you know, if you're picking up piles
of palm fronds, like what we were doing for Irma, that's a lot
different than picking up everything somebody owns in a pile in their
October 25, 2022
Page 51
house or appliances and furniture and things like that.
So as we were saying, I mean, I've seen in my own district, a
truck doesn't go very far when it's taking everything that's been inside
that house and is now on the curb. That's much different than a few
tree limbs and some palm fronds and that sort of thing.
So my hats off to all of you. You know, there are citizens who,
you know, send us notes all the time and don't think it's going fast
enough, but I think if they were seeing it from our perspective, it
actually has been very impressive.
And you've done a great job, I think, triaging and prioritizing the
right areas to make sure that, you know, we're hitting some of those
hardest hit areas first, because if you've lost everything in your house
and you're there every day taking out the drywall and putting it out on
the curb, it's really an emotional thing to see that pile sitting there for
days, and it's a very positive thing to see that pile gone. And I've
heard that from citizens. Wow, today was a great day; the pile got
picked up. And although it was everything they owned, they were
so happy and thankful, you know, to see it gone.
So this wasn't Irma. It's a much, you know, bigger operation,
but I think with much faster result, as you have said, which has been
great.
Second, I want to -- you know, maybe this is a -- is something,
you know, that could be controversial, but I give a shout-out to FP&L
and LCEC. Power was restored very quickly. You could always do
it better. But from our vantage point sitting in the EOC, nobody was
sitting on their hands. As I've told a lot of citizens in my town hall
meetings, when we have a wind event like Irma and a pole falls over
and a wire snaps, it's a little bit easier to get a crew out there to put
the pole up, connect the wire, and then everybody has power back.
But when you have things that have been sitting in six feet of
seawater and an entire grid is out, that's a totally different fix.
October 25, 2022
Page 52
And I know from my standpoint, and I hope I speak for all the
commissioners up here, you know, we did have points of contact of
some key folks from both utility companies, and they weren't asleep
at the wheel either.
And although -- you know, I told some citizens who had no
damage, and they were screaming about their power -- and I didn't
mean to be sarcastic, but when I've seen such damage in other areas
where people have lost everything, if alls you had was no power, buy
more candles, because people were working really hard, you know, to
restore your power.
Paul, I really want to give you positive comments as well, you
and your team. You also slept in the EOC, basically, around the
clock, and I did reach out to you for a different issue than what we're
talking about here.
I agree with my colleagues, you know, I don't think government
intervention, deciding, you know, who should get what hotel rooms,
but I had a different issue, and you know what the issue was. I
wanted to separate rumor from fact about what a hotel was doing.
And your sense of urgency was amazing how, literally, you got back
with me. You had spoken to the leadership. We got down to the
crux of the situation, and I really appreciated that in the middle of a
huge storm where I know you were, you know, juggling a lot of
things.
Lastly, I just would like to talk and give some positive
comments to our team that controls the weirs and water movement.
And so I reached out to Trinity and Jamie, you know, and a whole
bunch of folks. There's an education that probably needs to continue
after the storm for some citizens who, you know, sent us emails that
they were experts on weir movement. And the reality is, it is a much
more complicated system than you just need to get out here and open
up the weir. You know, you're asleep at the wheel.
October 25, 2022
Page 53
As Trinity says, it's more of a domino effect. And we do
understand how to open weirs and when to keep them closed. And
opening one might lower the water level in your front lawn, but it
could flood out an entire, you know, community. And I think
some -- at some point down the road after the hurricane, some sort of
education out there either on our county website or in presentation
here or just making us as smart as we can be so we can answer
citizens, but it's important to understand. If you have water in your
swale, the county hasn't failed you. That's what swales are for.
So, you know, we got a lot of notes from water experts who had
wet grass and a dry house and thought, you know, the sky was
falling. But, you know, thanks for fielding all of those phone calls
and helping to educate some citizens.
And then in some cases people did bring things to our attention,
whether it was a road that was washed out that we actually could do
something about. So, you know, it wasn't that we were ignoring
everything, but thanks to the team back there and all the folks that
you represent who are controlling the movement of the water, I think,
very successful, you know, during a really difficult time when we
saw an awful lot of water, a lot more than what we saw for Irma. So
thank you.
CHAIRMAN McDANIEL: My points are a little more pointed.
I want to know if and when the housing mission is going to be
established with FEMA and what the update is and what your
perception of what that mission's going to, in fact, look like.
MR. SUMMERS: Sir, a very difficult response.
I know that FEMA and the U.S. Army Corps of Engineers are
on the ground evaluating both group sites and the possibility for
individual trailer/RV deployment to people's homes. This is a
difficult challenge to address.
So, first of all, FEMA owns that mission in its entirety, so the
October 25, 2022
Page 54
information that they glean, the clients that they refer, the trailers that
they deploy are totally within their purview, and much of that
information, if not all of that, is privacy protected information.
Now, an arrival date, I do not have an arrival date. I know that
statewide the number between 5- and 6,000 trailer deployments is
being discussed. When we will get those, who will be eligible, I still
don't have that information.
Remember, there is a trailer deployment possibility that goes to
the individual residents. There is a trailer deployment that FEMA
prefers to use as a group site. In other words, use an existing -- I'm
sorry, not group site -- use existing mobile home parks and then,
finally, if you remember the Hurricane Charley mobile home park up
near the airport where a group site was established. We have given
the U.S. Army Corps of Engineers and FEMA all of the land,
resources, or options that we know might be candidate locations.
CHAIRMAN McDANIEL: We have done that inventory?
Because we talked about that two weeks ago.
MR. SUMMERS: We have shared that.
CHAIRMAN McDANIEL: Okay.
MR. SUMMERS: We have provided that information to those
groups. And, again, I think what you need to be aware of is that
FEMA has often had numerous legal challenges with temporary
housing. So you will find them very guarded in everything from
ADA compliance to electrical --
CHAIRMAN McDANIEL: And I don't mean to interrupt
you --
MR. SUMMERS: Right.
CHAIRMAN McDANIEL: -- but the public's about done
hearing that.
MR. SUMMERS: I understand that. We are, too.
CHAIRMAN McDANIEL: There's no argument that there are
October 25, 2022
Page 55
people that are displaced.
MR. SUMMERS: Yes.
CHAIRMAN McDANIEL: And so maybe if this board wants
to do something, maybe it's something that we can have a look at
from a community standpoint to be able to assist with the process. I
remember two weeks ago when we were -- when I was meeting with
our County Manager, we're close to 3,000 homes that were damaged,
some of them severely. You've got -- you had it on your list here
today.
MR. SUMMERS: Absolutely.
CHAIRMAN McDANIEL: And so we all know of the
difficulties that comes with the housing mission. We all heard about
those. You keep putting your finger up. You want me to quit?
COMMISSIONER SAUNDERS: Don't ask me that question.
CHAIRMAN McDANIEL: Yes, I do.
COMMISSIONER SAUNDERS: Please. No, I'm just
reminding you I do want to make a comment.
CHAIRMAN McDANIEL: Yes, sir. You're on the list. I'm
on a roll.
COMMISSIONER SAUNDERS: No, no. I'm not rushing. I
just wanted to let you know that I'm --
CHAIRMAN McDANIEL: Okay. I gotcha. So I just -- you
were raising your finger, and I thought you wanted me to quit.
So the bottom line is, is if we're going to do something --
COMMISSIONER SAUNDERS: That was a different finger.
It was just my pointer.
CHAIRMAN McDANIEL: Don't clap. He wasn't telling me
that I'm number one.
Maybe we have a discussion after our break or when we come
back this afternoon. That might be something that our community
may want to have a look at just to assist with some of the larger
October 25, 2022
Page 56
distressed issues that we have and those that -- we know that they're
absolutely displaced.
MR. SUMMERS: And, Commissioner, I take no joy in
going -- in explaining the process to you. I know these folks have
needs, and we are aggressively working through that. We're just a
little bit challenged with either not the necessary engagement I feel
like we should have in Collier County with FEMA in the state.
There are some state housing folks here.
CHAIRMAN McDANIEL: I would like for you -- and I know
I'm interrupting you, but I want you to hear from me that there is
no -- I'm not chastising you at all --
STPHAO: Understood.
CHAIRMAN McDANIEL: -- by any stretch of the
imagination. It's just the -- and I certainly insinuated you took no
pleasure in sharing all of these things.
MR. SUMMERS: No, no.
CHAIRMAN McDANIEL: We're looking for an answer. Our
community is looking for an answer. And I would like to see that as
quickly as possible.
MR. SUMMERS: Yes, sir, loud and clear.
CHAIRMAN McDANIEL: Commissioner Taylor -- or
Commissioner Saunders first, then Commissioner Taylor.
COMMISSIONER SAUNDERS: I was getting ready to use the
other finger, if you were calling on somebody else.
Just a couple questions. First of all, how many housing units do
you estimate we need in this housing mission; do you have kind of an
idea?
MR. SUMMERS: It's very much a moving target. So in other
words, the preliminary planning assessment was somewhere between
1,500 and 2,000 units, okay. Now, again, you look at "destroyed,"
and that changes every day as -- not destroyed. I'm sorry. Had
October 25, 2022
Page 57
major damage, and then you look at who's repairing and who is not
repairing or what is that individual situation, what is that like.
Again, FEMA makes that determination based on are they dried in,
do they have other issues, et cetera.
COMMISSIONER SAUNDERS: So we know it's a 1,000,
1,500, 2,000. It's a moving number, but we know it's a big
number --
MR. SUMMERS: It's a big number.
COMMISSIONER SAUNDERS: -- and we're homing in on
that.
In Charlotte County, when they did the housing program after
Hurricane Charley, my understanding is -- and it's been verified in
other conversations -- that somewhere near 70 percent of the trailers
that were deployed were occupied by people that were not impacted
by Hurricane Charley. They were occupied by people that came in
for free housing.
I also understand that in that particular mission, there was an
element, a criminal element that occupied those trailers, and it created
a huge problem that I believe lasted for years, getting those people
out.
And so we have asked, and I think the Commission will ask, if
we haven't done it officially, is for our housing mission to be handled
differently. That the -- that we really focus on putting those trailers
on individual lots as much as possible. There may need to be some
area where there's an accumulation of several of those.
But can we take some action as a Board not to demand anything
from FEMA, because I understand it's within their purview
completely, but to urge them to do that and make that an official
recommendation?
MR. SUMMERS: You have already done that. We did that by
virtue of an amendment in our land-use code, our land development,
October 25, 2022
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that allows those trailers to be sat in driveways.
COMMISSIONER SAUNDERS: No, I understand we --
MR. SUMMERS: And so you're all set, and they're keenly
aware that they can do that.
COMMISSIONER SAUNDERS: I understand that we did that,
and -- but what I'm saying is take some official action not only to say
that we have the legal authority to do that but that we're urging
FEMA to do that. Something that our representatives, whether it be
Senator Scott, Senator Rubio, but our representatives who are in
contact with FEMA can indicate our pleasure at having this done in
that particular way. Just a question.
MR. SUMMERS: No, sir. I think it's a great question, and let
me respond this way and to say, first of all, we'll keep the pulse on
that very -- we'll watch that carefully. And at the moment I feel like
that we need a letter of support from you, from the Board to reinforce
that at a higher level, if the state and our local FEMA reps are not
moving in that direction, I will sound the alarm and ask for your help.
COMMISSIONER SAUNDERS: All right. Let me do this,
then, just so that there's no delay. Why don't we authorize our
chairman -- if there was a request from Mr. Summers for that type of
a letter, we authorize the Chairman now to send that so that we don't
have to have some official authorization. If that is acceptable, I'll
make that motion so at least the Chairman has the authority to
communicate with FEMA in writing on our behalf to acknowledge
and underscore that this is the type of housing mission we would like
to see in this county.
MR. SUMMERS: I think that's excellent.
COMMISSIONER TAYLOR: I'll second.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: Third. It's been moved and
seconded that I'm -- the Chairman's authorized to correspond directly
October 25, 2022
Page 59
with FEMA on behalf of the Board with regard to our intentions here.
Close enough. It's been moved and seconded. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Commissioner Taylor, you were last.
COMMISSIONER TAYLOR: Just briefly. I know that -- I
know that -- I just would like to know the parameters by which
FEMA approves folks to use this housing. And I know you talked
about the housing has to be ADA compliant. What other parameters
are around us?
MR. SUMMERS: Generally, Commissioner, what I know is
this: Number one, FEMA looks at things such as insured loss,
absence of insured loss, the condition of the property. They look at
the income. They look at extenuating circumstances such as medical
condition or frailty. So they have a process for evaluating that.
And, again, another reason, if I might pile on here a little bit,
that we want to have this Disaster Assistance Center because a lot of
these nonprofits can help provide advocacy for those applicants in
housing. And so, again, a process. I don't know every question in
that process, but it, obviously, is an assessment on a case-by-case
basis.
COMMISSIONER TAYLOR: Thank you very much.
October 25, 2022
Page 60
CHAIRMAN McDANIEL: And just as an aside -- and I'm
throwing darts right now. But since we're utilizing our museum here
that's on our facility as a temporary Disaster Recovery Center --
MR. SUMMERS: Correct.
CHAIRMAN McDANIEL: -- maybe let's have a look at it as
an ongoing assistance program. It might be something we
can -- because there's a classroom over there, and there's some things
we may want to -- we may not need the entire 3,000 feet that you're
alleging, but it is here, it is close, it is in proximity to the people that
were, in fact, damaged, so...
MR. SUMMERS: That's correct. And if we are -- if we did
look at that other office opportunity, I think I have a funding partner
now as well, so...
CHAIRMAN McDANIEL: Outstanding. So thank you.
MR. SUMMERS: Thank you.
CHAIRMAN McDANIEL: Does anybody else have anything
to say?
(No response.)
CHAIRMAN McDANIEL: I appreciate all that you do.
County Manager, you're leaning in right now. No?
MS. PATTERSON: Not on this.
CHAIRMAN McDANIEL: Okay. So with that we are going
to take a 10-minute court reporter's break and be back at 10 -- let's
just do 11 minutes, 10:50.
(A brief recess was had from 10:39 a.m. to 10:50 a.m.)
Item #5C
TAX COLLECTOR PRESENTATION ON THE RETURN OF
UNUSED FEES AND HURRICANE IAN DISCUSSION –
PRESENTED A CHECK FOR $7,643,342.18 OF UNUSED FEES
October 25, 2022
Page 61
MS. PATTERSON: Commissioner, you have a live mic.
CHAIRMAN McDANIEL: Yes. And Commissioner Solis
and I are all alone up here, so -- and we can't really do anything.
We're going to move around in our agenda a little bit and hear from
our esteemed Tax Collector, he who's in fault for all of the money
that you have to pay. And now I have three. So, Mr. Tax Collector,
you may proceed.
MR. STONEBURNER: Good morning.
CHAIRMAN McDANIEL: Good morning. And I was joking
about being at fault, by the way.
MR. STONEBURNER: Thank you. I see the room -- I come
up and the room cleared out, so I'm used to that. Don't worry. Boo,
hiss.
Anyway, for the record, Rob Stoneburner, Collier County Tax
Collector.
I wanted to -- I'm going to -- I think you said -- talked about
unused fees and going to address Hurricane Ian. I'm going to flip it.
Hurricane Ian and then unused fees.
And note to self, never come up to the podium after Dan
Summers because it's quite a while. But, you know, all jokes aside,
Dan and his crew did an incredible job, and that's another reason why
I'm here. I wanted to commend Amy Patterson, Ed Finn, and Dan
Rodriguez, your management team, because they are incredible.
They really are.
Your Facilities Management, those guys are the -- and gals are
unsung heroes. They're still out there crushing it. They got all of
our places ready. And we only have one location that I would say
didn't make it. The Marco Island Tax Office was flooded, not quite
sure how much, but there were boxes that were in one end of the
building were in the other end of the building later on, so they floated
October 25, 2022
Page 62
there somehow, so -- and the jury's still out whether or not that
building will be able to be saved or not. We'll have to wait and see.
Heritage Bay facility ran like a champ. Generator was on, so
we've got a great facility there.
I wanted to let the public know there are DHSMV fee waivers
for -- we've received a lot of title requests, and some folks even
couldn't get their car because it was in a waterway somewhere at the
bottom of -- so watch out if you're boating, for sure.
So that actually expired, the fee waiver expired on the 23rd;
however, we have received word that it will be continued. So we
made an executive decision, and we're going to continue waiving
those fees. Tax Collector waives our fees as well.
It's also been reported that the governor is expected to call a
special session after the election before the end of the year to talk
about the hurricane and whatnot, and that might also include some
additional provisions, you know, going forward for tax collection and
whatnot.
So all that's put aside, and I am proud to say that the Tax
Collector's Office is -- has unused fees for the Collier County Board
of County Commissioners in the amount of $7,643,342.18.
CHAIRMAN McDANIEL: Amen. How about that, ladies
and gentlemen?
MR. STONEBURNER: Yeah. So who would you like me to
give this check to?
(Applause.)
MR. STONEBURNER: There's a little backup to go with it,
and I don't have anything else. So thank you.
COMMISSIONER TAYLOR: Where's Ed Finn?
MR. STONEBURNER: Where's Ed? Give it to Ed?
CHAIRMAN McDANIEL: He's out and about. That's okay.
You can give it to Amy.
October 25, 2022
Page 63
MS. PATTERSON: Thank you so much.
MR. STONEBURNER: All right. Thank you very much.
CHAIRMAN McDANIEL: You know, I made a joke when our
Tax Collector came up here, and you are doing an amazing job, sir.
Just so you know.
MR. STONEBURNER: Shucks.
CHAIRMAN McDANIEL: Yeah, I know. So Rob and I have
been friends a long, long time, and his assistance and supervision in
opening up the Heritage Bay facilities that we have up there as a
government complex, thank you.
All right. Let's go to our time-certain, and then we'll jump to
the -- go back to the Item No. 7.
Item #11F
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS CONSIDER A PROPOSED PARTNERSHIP
BETWEEN GOODWILL OF SOUTHWEST FLORIDA AND
COLLIER COUNTY FOR RENOVATIONS AND
IMPROVEMENTS TO THE EAST NAPLES LOCATION FOR
THE COLLIER COUNTY COMMUNITY RESOURCE CENTER,
INCLUDING A HUB FOR THE MICROENTERPRISE PROGRAM
AND DEDICATED SPACE FOR COLLIER COUNTY
ALLOWING FOR EXPANDED PARTNERSHIPS FOR
RECRUITMENT OF COUNTY STAFF AS WELL AS TRAINING
AND EDUCATIONAL OPPORTUNITIES FOR CURRENT AND
FUTURE COLLIER COUNTY STAFF MEMBERS; AND DIRECT
THE COUNTY MANAGER AND COUNTY ATTORNEY TO
PREPARE THE NECESSARY AGREEMENTS AND BUDGET
AMENDMENTS IN SUPPORT OF THIS PARTNERSHIP, FOR
CONSIDERATION AT A FUTURE MEETING OF THE BOARD -
October 25, 2022
Page 64
MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER SAUNDERS – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 11F, which is your 10:00 time-certain. So we're just a little bit
late.
CHAIRMAN McDANIEL: No, you're late. I'm not.
MS. PATTERSON: I'm a little bit late.
Recommendation that the Board of County Commissioners
consider a proposed partnership between Goodwill of Southwest
Florida and Collier County for renovations and improvements to the
East Naples location for the Collier County Community Resource
Center, including a hub for the Microenterprise Program and
dedicated space for Collier County allowing for expanded
partnerships for recruitment of county staff as well as training and
educational opportunities for current and future Collier County staff
members, and direct the County Manager and County Attorney to
prepare the necessary agreements and budget amendments in support
of this partnership for consideration at a future meeting of the Board.
We do have representatives from Goodwill here who will make
a presentation. I just wanted to give the Board a little bit of
background before they get started. This item predates me and
actually predates my predecessor all the way back to Economic
Development Director Jace Kentner was working with Goodwill on
small business and some other things, and it sort of languished here
over the years.
So when Dan came upstairs this past winter, he picked up on
this effort. We've been meeting with Goodwill and talking about
how we go from a potential financial partnership to a real partnership
where we can partner in training and education recruitment, and that's
where we land today.
October 25, 2022
Page 65
This is an item in concept. No financial allocation would
happen today. We would work with Goodwill through a partnership
agreement that would outline both what the deliverables are and the
protections for the county. Obviously, be vetted through the Clerk
of Courts as well as all of our economic agreements are on a
going-forward basis.
So with that, I'll turn it over to the Goodwill folks. They can
make their presentation and are here to answer questions.
CHAIRMAN McDANIEL: Outstanding. Thank you.
MS. JOHNSON: Good morning, Commissioners. For the
record, I'm Carolyn Johnson, senior vice president of mission
services at Goodwill Industries of Southwest Florida.
Thank you for having us here today, excited to finally be able to
present this partnership; however, I would be remiss if I didn't talk
about the events of the last three weeks and exactly what our role was
as Goodwill as we rallied to support our communities, and that also
includes Collier County.
In listening to the disaster relief presentation, it was clear to me
just how necessary a hub like this is important to Collier County.
What we do in our Goodwill stores, we're more than a store. People
love to shop, people love to donate, but we are also a resource. We
are -- in critical time, as well as good times, we are a resource for our
community.
So in the last three weeks, you know, this -- this event hit all five
counties, and you know just north of us it hit us severely. And what
we did is we rallied, and people were able to come to our stores.
They were able to get what they need, and they were able to do that
with the vouchers that we provided. They were also able to access
our community resource centers and get the immediate help that they
needed.
We talked about case managers. We talked about assessing
October 25, 2022
Page 66
people. We talked about connecting people to their resources.
Well, that's what we do. That's what we do every day. And in
times of crisis, it was amped up. So I'm really proud of our
organization and our team, that we were able to do that.
So with that being said, it kind of puts a different perspective on
this prepared presentation that I put together. I want you to keep in
mind that everything that we're talking about today, this means, like,
what we're going to do now, what we would do in the future, would
serve the community not only in good times, but in crisis.
So Goodwill Industries of Southwest Florida, we believe in
long-term solutions. We're helping people to be sustainable, to be
efficient in their lives, to build up their families and their
communities.
And we believe in providing opportunities for individuals to
give them the opportunity to have economic mobility and
sustainability. And one of the ways that we do do this is through our
microenterprise program, which we've had for over 12 years, very
successful program. Twelve years of helping aspiring entrepreneurs
to become their own boss. Yes, we are a workforce organization,
and we do help people get employed, but then there are individuals
who want to own their own business.
The microenterprise program that we have provided in the last
12 years offers those individuals that opportunity. It's 12-module
business and management training, and it's guided by local mentors
and coaches. And that's something that just stays all local. We're
using those business partners, those mentors to really coach those
individuals that want to be on their own.
In this last 12 years, we've had 109 classes, and that's probably
gone up a little bit. We are over 1,000 graduates, 510 businesses
started and strengthened, and numerous other jobs created.
Again, going back to the storm, I'm sure we all know everyone
October 25, 2022
Page 67
was impacted, but also our small businesses were impacted. And it's
a lot harder for them to get back on the road to recovery, and our
small business attention that we put on through microenterprise is
helping them gain the resources that they need to get to at this time.
So in Collier County, specifically, we have been doing
microenterprise since 2013, 28 classes, 228 graduates, and 110
businesses started or strengthened.
So who takes our classes? Individuals who are low to moderate
income, people who are unemployed or underemployed, motivated
self-starters, and now with the storm, you know, I suspect there are
going to be a lot of displaced workers. There are going to be a lot of
people that are thinking about, well, what can I do on my own.
Maybe I don't have a job to go back to. Maybe I need to start up a
small business or do something else. So that's another thing that
we're addressing at this time.
Some companies you may know, and this is all through our
five-county area. Pointing out some of the Collier County ones is
Sassy Sauce. Juicelations. Juicelations has been in business since
2016. And I don't know if any of you have been there here in Collier
County, but they are a juice company, and they work with local
farmers and local people to provide healthy options, juice options for
people and Smart Bowls and all kinds of things. And then Sassy
Sauce, another Collier success business, has actually -- she's been
making that sauce for 35 years, and she finally made it official, made
it into a thriving business starting in 2020.
Again, more successful businesses in Collier County, Jose Shoe
repair. You see the list there. Judy's Bakery, Digital Print Idea,
Horizon Buying Group and, then, of course, Sassy Sauce.
So a lot of thriving businesses have already been happening here
in Collier County. We want to have a bigger presence in Collier
County. Right now what we're doing is we're kind of floating
October 25, 2022
Page 68
between places. Sandra, who is our director of that program, kind of
floats between where we can have classes. But as you can see, you
know, big success in Collier County with the businesses that we do
have.
Our funding partners -- we can't do this alone. You'll see the
list there, and you'll see it everywhere for the five counties that we
serve, everywhere from Cape Coral. We have some individual
foundations like the Schulze Family Foundation, big supporter of
ours; Fine Mart Bank; Coca Cola Foundation; U.S. Department of
Housing and Urban Development. So there's a long list of
supporters, and we'd love to add Collier County to that list as well.
Now, our community resource centers, I alluded to this in the
beginning of the presentation. This is something that is collocated in
many of our stores, and in the one in our Towne Centre store, we
have a very small community resource center; it's about five
computers. It's very small, but it is mighty. We'd love to increase
the footprint within our Naples Towne Centre store, as well as our
microenterprise program. In our community resource centers, we
are that connection for the individuals impacted, whether they're
looking for a job. In the case of the storm, you know, a lot of people
came to us asking for FEMA assistance. How can I access FEMA?
How can I get D-SNAP? What do I need to do? People have a lot
of questions.
We were able to mobilize in our Lee County and Charlotte
County, and we did so also in our small CRC here in Collier County,
but it's evident to me that we need to increase in footprint. If this
happens again, I can see where we could be a hub for people to come
in. We would work with FEMA, we would work with DRC, just
like we do in Lee County. We are huge partners with the EOC
providing those services. We could have that extra office space, and
we can help those wraparound services for people in critical need.
October 25, 2022
Page 69
So -- and then we get people jobs. At the end of the day, that's
what we do. We've been doing that for over 55 years, and our
Southwest Florida community is helping people find jobs and
sustainable jobs.
And we have our partners as well. I have Dr. Meyer here.
Where is he? A couple of years ago, Dr. Meyer and our CEO, John,
decided, let's bring in Hodges direct. And what does this mean?
This means that we're offering workforce-directed certificates and
degrees for individuals, training space for instructors to come in.
This would take place within the CRC. ESL classes.
And Dr. Meyer wants to bring the "Wheel" program back to
Collier County. I know some of you know all about the "Wheel"
program.
And another aspect of what we would like to do within this
center, you see a little picture there. This would -- this is what it
would look like. We would have our microenterprise center, which
would have a bigger presence, which we can really inject the small
business and get it going, and then also a larger community resource
center. But then also we'd like to have an office for Collier County
itself so that they can come in, and we could be true partners. It
would be an investment into the community in what we were doing.
I'm told that, you know, if you-all have employees that want to
come and, you know, work on specific digital skills or any type of
skills that we can do, it could all happen in this hub, and you would
have a dedicated space.
And that is my presentation. There's some lovely pictures there
of some people that have graduated. I do have here my team in case
anybody has any questions. We have John, we have Sandra, and we
have Dr. Meyer here.
CHAIRMAN McDANIEL: Outstanding. It's good to see you
this morning, by the way.
October 25, 2022
Page 70
MS. JOHNSON: Good to be here.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Hi. Thank you, you know,
for the presentation.
I think nobody would question the great work that Goodwill
does, and, you know, we're proud to have you in the community.
The only thing I would add is when the county goes into an
agreement with any organization, whether it's a not-for-profit, FGCU,
Chamber of Commerce, or whatnot, there's some expectations by the
county, and there's very specific deliverables.
In the time I've been here in the seat, I've watched some
organizations really impress us with what they've accomplished, what
the -- you know, their reports so that, you know, you don't know it if
you don't measure it, that sort of thing.
And I know it's very important to me to make sure that any
investment we make in partnering with another organization is
taxpayer dollars well spent.
So as we go down this road of a partnership together and we do
great things in the community, just, you know, keep in mind
whosever responsibility it is to prove to us that our partnership and
our investment was worth the -- the juice was worth the squeeze, as
we always say, those deliverables are important. It's important for
our Clerk of Courts, it's important for our County Manager, and we're
looking for those things as well. So, you know, I don't say that as,
you know, a threat or anything.
MS. JOHNSON: No.
COMMISSIONER LoCASTRO: I say that more as I would
love for Goodwill to really set the bar where some other
organizations have missed in the past, and, you know, they got a lot
of investment from the county. And I'm not saying they didn't do a
lot of good, but it's really impressive when we can measure it, see it,
October 25, 2022
Page 71
talk about it, and whatever is being expected of you, we are getting
and, you know, in triplicate.
And then -- you know, then we know that it's not the county
that's investing in you -- and I say this all the time -- it's our
taxpayers.
And so, you know, we're about to enter into something that can
do a lot of great work, but let's make sure that, you know, we
measure it, and when the reports are due, you know, we're hearing
great things, or let us know how we can help more, you know, that
we keep that dialogue open because we want it to be a successful
partnership.
MS. JOHNSON: Absolutely. Thank you, Commissioner.
And it's not a territory that we are unfamiliar with. There are
other programs that we have to -- we have to do these types of
deliverables and reports. So we are well equipped to do that.
Sandra has been working this program for a number of years, and she
has to do reports.
And you saw the numbers here that we have here. We have
over a thousand graduates, so that success speaks for itself. But I
have a whole team of people to bring together reports and show you
the good that we're going to do.
COMMISSIONER LoCASTRO: Sandra, did you see how she
threw you under the bus right there? If the reports are great, it's a
team of people. If they're not, you know, hey, Sandra, it was all on
her. Thank you very much. Look forward to the success and
progress --
MS. JOHNSON: Thank you.
COMMISSIONER LoCASTRO: -- together.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I do have some questions, and the reason I want to raise these
October 25, 2022
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questions is, obviously, this particular item today has no financial
impact on the county. It basically sets in motion staff putting
together all the documents and all that information.
And so if this is approved this morning, I don't want you to go
away thinking this is a done deal with the county, because though I
love the mission of Goodwill and respect what you do and am
grateful for all those services, I'm not sure I can go along with this
particular item.
And so I want to ask you a couple of questions.
MS. JOHNSON: Sure.
COMMISSIONER SAUNDERS: We're talking about -- just so
I understand, we're talking about a -- I think the amount was
$750,000 commitment for improvements to your existing facility.
Now, your existing facility is in the Towne Centre in East Naples.
MS. JOHNSON: Yes, sir.
COMMISSIONER SAUNDERS: That's -- I'm assuming you're
leasing that spacing, or do you own that space?
MR. NADEAU: For the record, John Nadeau. I'm the CEO of
Goodwill.
That's a leased space, yes.
COMMISSIONER SAUNDERS: Now, your lease, what's the
duration of your lease term?
MR. NADEAU: We have options out to 25 years. We've
already talked to the landlord about this particular endeavor, and
they're very much supportive of it, and they understand exactly what
we're going to do and how we're going to renovate the space to make
it happen.
COMMISSIONER SAUNDERS: Because I'm a little leery of
doing tenant improvements in a facility that we don't have some
control over. So I would need to see your lease. I don't need to see
it today. But I would need to -- in case you're getting ready to grab
October 25, 2022
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for it. I would need to see your lease, because that would be very
important to me to make sure that if there is an investment, that we're
secure in that.
And then the next question is in terms of the benefit to Collier
County directly, not the benefit to our county residents who get some
training, but to county government. My understanding is there will
be some opportunity for people who are interested in working for the
county to kind of go through this process, and there may be some
recruitment benefit.
But could you elaborate on that? Because I don't quite
understand how or why that would be a benefit to the county in terms
of our recruitment.
MR. NADEAU: Well, you would have a location, a dedicated
location that gets a lot of customer traffic, a lot of foot traffic of
people you might want to recruit. The other side of it is the training
aspect, and one thing about us is that we're very nimble in what we
can deliver. And so we can work with you on curriculum. If you
have a particular kind of software that you want to train some of your
people on, we can be the training apparatus for that software for you
in this location. So we not only have a recruiting office for Collier
County that you could staff as you see fit, but then we also have the
classroom space, the computers right there so we can do -- wrap
around the whole thing for you from recruitment to finding
applicants. So we have a lot of people to come in to look for either
jobs or they look for navigation to resources. And so we could
direct those people, as appropriate, over to your office to provide you
with a pool of people to look at.
COMMISSIONER SAUNDERS: And then, Mr. Chairman,
just one more comment or question for Ms. Patterson. We're likely
to move this forward today. If there's a motion and second, I'll
support moving this forward, but I didn't want to leave anyone with
October 25, 2022
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the impression that that means I'm going to support this when and if it
comes back.
So, Ms. Patterson, if you could get me a little more comfortable
how we benefit, how the county benefits from this. And the reason
I'm asking this is we have in our sales tax that was approved by the
voters, I believe, $20 million for a -- kind of a training center, and
we're still looking to find a location, I guess, and that's going to be, I
guess, a partnership with the Collier County School District. And so
we're going to have a facility in the not-too-distant future, I hope
not-too-distant future that may fill that same need you're talking
about. So I don't want to duplicate things. And, Ms. Patterson, if
you can get me comfortable with that, that's certainly going to be
important when this comes back.
MS. PATTERSON: Absolutely. So the training center that is
a partnership with the school board is a technical training school. It
is actually currently -- as you know, it's located currently in leased
space in Golden Gate City. So that is one aspect of training students
to take on technical careers, be it automotive or machinists.
What we're envisioning here is something different than that.
And not to say they're not complementary and that in the future each
of these shouldn't work together, vo-tech, which we don't call vo-tech
anymore, we call Lorenzo Walker, as well as the Center for
Manufacturing Excellence, and Goodwill each have a particular role
to fill and not intended to be a duplication.
The county has -- it's no secret. We've had some challenges, as
have many post pandemic, in recruiting folks throughout the
organization. Now, we're pretty good at hiring people like engineers
and accountants, but when you get into our frontline staff, we see
heavy turnover and difficulties retaining people for a variety of
reasons.
What we had envisioned here in conversations with Goodwill is
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that they have access to people coming in looking for employment
maybe in a different way than people coming to look for employment
in the county. It's something we need to explore as to what those
barriers are that have people applying for our jobs versus not, but also
is the ability to assess those folks coming in for where they may have
skills that even they are unaware of.
So that's what Goodwill already does is look for career
placement. We're looking to partner there. This is not looking to
partner in the skilled trades. We're looking for people -- fiscal
technicians, perhaps being able to get some training and assistance
from both Goodwill and Hodges for folks interested in becoming
building inspectors or plant operators for wastewater.
And, again, not to say that we can't look at those adults looking
to be placed in combination with the students that are going through
either Lorenzo Walker or the Center for Manufacturing Excellence
each as their own place, but not to duplicate effort.
I think one of the most interesting things -- the last thing I'll say
is one of the most interesting things that the Hodges folks talked to us
about was, what makes somebody go to a Goodwill career center?
And that is, in part, that there's an intimidation factor associated with
higher education often. And so folks feel more comfortable going
into a career center in a place where they're used to going to shop or
get other services. They may be inclined to explore opportunities
differently there than we would go to a Hodges, and I wonder if the
same applies to government.
There is a level, perhaps, of intimidation that we find for people
that don't know that skills that they've earned through their years in
various careers actually do apply to what we do here. You don't
have to be an engineer or an accountant, and that we have place for
all types of people.
Last -- I'm sorry. I know I said -- last is we had talked a lot
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about an intern program, and that's when we have folks coming to
Goodwill that don't know exactly what they do but they want to be
employed. Could the county work with Goodwill to develop an
internship program where we move them around into different jobs in
the county and see where they fit and see how we start to recruit in
folks, locals, and then keep them in our workforce.
COMMISSIONER SAUNDERS: Okay. I appreciate that.
And, again, I'll support a motion to move this forward, but I'm going
to need to see some more detail on that.
MS. PATTERSON: Understood.
CHAIRMAN McDANIEL: Thank you.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes.
County Manager, this is eerily like what we went through with
the accelerator and the incubator. So I believe there is a beautiful
space in Kraft that we could -- it's ready to move. It's turnkey. Is it
available? Was it considered?
MS. PATTERSON: No. This is looking to partner with
Goodwill specifically for their needs as well. So they're looking to
stand up their microenterprise here in Collier, having a greater
presence, as well as an expansion of their career center, which they
already have at Towne Centre.
The original conversation was simply just, was the county
interesting in partnering. Taking on this dedicated space is an idea
that morphed out of those conversations, specifically so that we can
gain access to some of those people and ideas that are coming in
through Goodwill as just another avenue for us to employee people
that are already here.
COMMISSIONER TAYLOR: And I can respect that, but I
also paid very close attention to the fact that Goodwill is five
counties, and the -- and the interstate is right there.
October 25, 2022
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So I am not going to be here, of course, but I would like the
Commission to consider the Kraft site also. I didn't see where that
three-quarter of a million dollars to renovate this building was, but I
guess you got that in conversation with County Manager Patterson.
There is a renovated space. It has classrooms. It has cubicles.
It has very sophisticated electronics. And I don't know if available,
but I would like that to be considered. But, again, I am only one
person.
COMMISSIONER SOLIS: Commissioner, Mr. Chair, are you
referring to the Kraft --
CHAIRMAN McDANIEL: It's the old --
COMMISSIONER SOLIS: -- space where the old incubator
was?
CHAIRMAN McDANIEL: Right.
COMMISSIONER SOLIS: I think that's gone. That's now
occupied by an engineering firm.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SOLIS: I'm pretty sure we rented it.
CHAIRMAN McDANIEL: Commissioner --
COMMISSIONER SOLIS: No, no. I just thought I'd throw
that out there, because it's --
COMMISSIONER TAYLOR: If you could confirm that.
MS. PATTERSON: We'll confirm.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I just wanted to
piggyback on what Commissioner Saunders said; I think it was really
astute.
My comments were sort of along the same lines, maybe a little
bit softer. But I agree with him; I'd like to see a little bit more of the
fine print. We've been down this road before with other
organizations. And it's not to lump you in. I realize every
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organization's different. You've got a different team.
But this is -- it feels like deja vu all over again. And these are
big dollar figures. This is a big investment. This isn't us just
shaking hands saying, we love Goodwill, how can we help you?
I mean, this is a major investment by the county again to do very
similar things that we had hoped had already happened over the
years. And some of them happened, some of them didn't. And the
part that bothers me is the good things that happened, if you worked
the algorithm, we paid for all those good things in a big -- with big
dollars to get, you know, maybe a small-to-medium chunk. So I just
would like to see the investment come out of this.
And I agree with Commissioner Saunders, I mean, I don't want
to hold this up, but this isn't voting on the whole kit and caboodle.
So having the details as to, you know -- and don't take this the wrong
way, but my position is always, this has to be 51 percent good for the
county or more and 49 percent good for you or less. And I say that
sort of tongue in cheek, but we have to look at this as why does the
county and the taxpayers -- why should they do this?
And it's to make Goodwill stronger, but also we're looking at it
as for a big thing for the county and a partnership. And in the end,
the reality is 50/50 is a great thing as well, but we've had some 90/10,
and 10 was the county in some cases, and we don't want to do that
again.
So you can really help us by exactly what Commissioner
Saunders said, is make sure we're going through everything this time
and so that we've learned from some of the things we've done where
there could be much improvement. And I echo exactly what he said.
I'll be wanting that same pitch before I, you know, put a rubber stamp
on it and feel good about it as well.
MR. NADEAU: Can I respond to that?
CHAIRMAN McDANIEL: Absolutely.
October 25, 2022
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MR. NADEAU: One thing that should give you comfort is that
we're -- this is not a theoretical exercise here. This is a program, if
we're microenterprise specifically, that has been very successful with
a history of success, both in our five-county area, specifically in
Collier County. So what we're talking about here is scope, and we
feel by having more presence down here with dedicated staff, we can
even improve on those what I think are really fantastic numbers, over
1,000 graduates and over 500 businesses started. So we've moved
beyond theoretical. We actually have done this. We've done it very
successfully.
The other thing you should know about Goodwill, if you don't
know, is that 90 cents of every dollar of our revenue goes back into
our mission services. We are a very lean company, and we pride
ourselves on being a very mission-driven company.
We touch over 25,000 individuals every year with one service or
another. And I'm not talking about just filling out a resume. I'm
talking about putting people in contact with FEMA, all the things that
we do.
So, again, there should be some comfort level. You know,
we're 55 years old. We've been doing this for a long time. In the
Goodwill world across the country, I would say one of the top
Goodwills, and I'm not ashamed to say that. And then you add the
collaboration with Hodges University. I think there's a lot of meat
on the bone here.
COMMISSIONER LoCASTRO: Oh, that's good to hear.
I'll echo, or I'll -- my rebuttal to that will be, we have had
organizations claim the same thing or do what I call funny math, you
know. Oh, we created 1,000 jobs, and then we look at the
spreadsheet and, you know, the numbers don't match up, or they're
people that already had jobs and then got a little bit out of the
organization so that they didn't need the county's hundreds and
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hundreds of thousands of taxpayer dollars to do it. So that's what we
rely on -- the buck stops with you, right, ma'am? What was your
name, again?
MS. PLAZAS: Sandra.
COMMISSIONER LoCASTRO: Sandra. So, Sandra, put the
meat on the bone for us. Okay, real numbers, real people, and what
we did grow. And then I think, you know, Commissioner Saunders,
myself, and all the commissioners here, we want to feel really good
about this investment.
MS. PLAZAS: You will feel very good.
COMMISSIONER LoCASTRO: Okay, Sandra.
CHAIRMAN McDANIEL: Commissioner Solis, you were lit
up. Was that in response --
COMMISSIONER SOLIS: No, that was before, yeah.
CHAIRMAN McDANIEL: Okay. Well, I want to say out
loud, just as an aside with regard to that, I spoke with the Clerk
yesterday. That's no secret that I do love Goodwill. I --
COMMISSIONER SAUNDERS: You're on the board.
CHAIRMAN McDANIEL: I am, 20 years on the board. I
promised the Clerk yesterday that if I wasn't prohibited or having to
abstain because I'm on the board, if we do decide to make a financial
investment in Goodwill, I will ensure -- even if abstain, I can
participate in the conversation, and I can ensure that there will be
fixed measurables and milestones that we'll be able to look at and put
our teeth into, number one.
Number two, the 288 companies that are -- that have already
been started through microenterprises in Collier County, just with a
brief description -- because this was something that I -- I was -- I was
assisting a lot in the creation of microenterprises. How do we do
with the follow-up and retention and going forward?
MR. NADEAU: Let's let Sandra come up and --
October 25, 2022
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CHAIRMAN McDANIEL: Let's let the lady who's going to be
responsible come up.
COMMISSIONER LoCASTRO: Sandra, just so you know,
Commissioner -- and I'll speak for Commissioner Saunders, because I
know he'll agree with me. It gives me no comfort knowing that
Commissioner McDaniel is sort of our representative on the Board
and, you know, he's got everything under control.
CHAIRMAN McDANIEL: Where is the finger?
MS. PLAZAS: Just for the record, I'm Sandra Plazas, director
of Communities Education with Goodwill Industries. And can you
repeat your question, I'm sorry, Mr. McDaniel.
CHAIRMAN McDANIEL: Yeah. What type of follow-up do
you do? There's 288 companies that have been started through
microenterprises in the 12 years. What type of follow-up do we do
after a company's been -- a person's come to us and gone through our
program, gone through our training? What do we do after the fact?
MS. PLAZAS: There's a couple things that we do. We
offer -- we do two surveys annually to find out how our businesses
are doing, if there's any referrals or any resources that they
additionally need to continue moving their business forward. So we
do that in June, and then we do that in December, because we finish
our classes by November.
And then we also have alumni workshops. So there's
oftentimes -- you have to remember that 70 percent of the businesses
or the folks that come in and take our classes are very low to
moderate income, so they need maybe a little bit more assistance
when they get their business started. So we have alumni workshops
where we work with different -- for example, if they need to get their
business on Facebook or if they need to understand what it looks like
to put their business on Facebook, we have workshops for that.
A lot of our businesses are in food businesses. So we partner
October 25, 2022
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with the IFAS extension office, and we host food Collier -- I'm sorry.
We host cottage Florida food business workshops so people
understand what it takes to get a food business started in their home.
And then we have other alumni workshops. Like, for example,
coming up in January, we're going to offer a CPA workshop where
people can understand what's expected of them when they get their
taxes done, what questions they may have. Understanding a lot of
these folks don't have the time to sit or the financial assistance to sit
with an attorney. So in our classes we have attorneys, we have
CPAs, we have social media experts, and we have marketing experts
that do small presentations so that these folks can get an
understanding on how they need to proceed in the next segment of
their plan.
And when you get a business started, the biggest thing is having
some kind of a foundation or a plan help, so we also partner with
SBDC and we partner with SCORE so that they can continue the
development --
CHAIRMAN McDANIEL: Talk nice and slow. You're doing
really, really well --
MS. PLAZAS: Oh, sorry. I'm a little nervous.
CHAIRMAN McDANIEL: Poor Terri's over here trying to
keep up with you.
MS. PLAZAS: I'm sorry, Terri.
So, yeah. Some of the things that we do, we research, we
partner with other agencies to continue to help our businesses grow
their business, develop a plan, and sometimes folks are ready to sell
their business. We don't touch that specially in our program, but we
reach out to SBDC and SCORE so that they continue to help them
with the progression of their business or if they're willing to sell their
business at one point.
But we're constantly talking to them. We survey them. We
October 25, 2022
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provide surveys at every single class, at the end, so that they have an
opportunity to tell us what we're doing good, where we need to focus
more on our program. But, overall, we're constantly talking to our
participants, especially now with Ian. With 200 businesses out there,
we try to touch with everybody and see how they're doing, what
resources they need, if they need an SBA person, if they need to talk
to somebody that can help them with some banking or some
financial. So we try to touch them -- talk to them as much as
possible, at least twice a year, and we do ongoing surveys and alumni
workshops to make sure that we're getting the information that they
need to them so that they can continue to move forward in their
business.
CHAIRMAN McDANIEL: Very good, very good, very good,
very good.
MS. PLAZAS: Sorry for speaking so fast.
CHAIRMAN McDANIEL: No, no. Don't be sorry, dear.
You're just a little bit nervous. You did a really good job, so...
Well, I don't have anybody else lit up. I think we're all done
with our questions.
MS. PLAZAS: And, really quick, as far as the benefit that the
Collier County receives, 90 percent of the businesses in Southwest
Florida are microenterprises; they're painters, they're cleaning
businesses, they're food businesses, five or less employees. So what
does that do for the county? When they get started, when they get
the foundation to start their business and grow, they're going to hire,
because they need more people. So that is one of the benefits of
Collier County is we're going to develop more employment
opportunities for folks, and not only that, but full circle. When they
go to one of our CRCs, they're not just going to find out about
microenterprise, but maybe an aunt of theirs needs work or maybe a
son of theirs needs to fill out a Pell Grant application. So it's almost
October 25, 2022
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like full circle opportunity for folks that come to our CRCs.
CHAIRMAN McDANIEL: Outstanding. So with that, I'll
make a motion for approval. It's very important that I say out loud
we're not making a motion for expenditure of any money at this
particular stage. We're just making a motion of support in partnering
with Goodwill and directing staff to do so. So I'll make that motion.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: All right. It's been moved and
seconded that we move forward as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All those in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: Thank you, Commissioners.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: That brings us to Item 7, public comments
on general topics not on the current or future agenda.
MR. MILLER: Mr. Chairman, we have 11 registered speakers
for public comment this morning. Your first speaker is Garrett FX
Beyrent, and he will be followed by Michael -- I think this is C.
October 25, 2022
Page 85
Hagan or Michael A. Hagan. I'm sorry, Michael. I can't read your
handwriting.
MR. HAGAN: G.
MR. MILLER: G. And, Mr. Hagan, you're second. Could I
get you to queue up at this other podium so we can expedite our
process.
Thank you so much.
MR. BEYRENT: For the record, Garrett FX Beyrent. You
can arrest me now or later. I don't know. It's really odd karma
today, because I didn't intend to hear everything you guys just said,
and I said, oh, God, that was the first shopping center that was ever
PUD'd in Collier County by me, because it was a property I was
developing out on the east end of town. That's your shopping center.
And who do you think is the guy -- these are the awards I give out
every four years or every so many years to commissioners to get,
like, an incentive going. Like, what are you going to do in the next
four years to change Collier County and make it better?
And so I kind of, like, run guilt trips in advance, and it actually
works. I mean, it's like -- perfect example, everybody's sitting up on
the Board. Their gifts are, like, totally related to what occurred so
far today.
So the first gift -- and I should start over. The one guy was
really interesting on the end there, Commissioner Solis, because I
reached into my pocket and found this coin. This is a coin that is
from Peru, and it's the solar coin, God of Suns.
CHAIRMAN McDANIEL: Remember, you have three
minutes.
MR. BEYRENT: I know. Yeah, I'll get to you.
So this is a God of Sun. This is the Solis coin that -- I'm going
to give that to you, okay.
Then, Commissioner LoCastro, in this one -- this is not popcorn,
October 25, 2022
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okay, although it's kind of like popcorn.
COMMISSIONER LoCASTRO: It's ticking.
MR. BEYRENT: This is an award I gave to you, believe it or
not. Jace Kentner and I gave you this award -- it was interesting
because, historically -- and these are things that I get from different
nonprofits that I work with. And in this case I got this, of course,
from your favorite store, Goodwill, okay. And it just happened to be
this is -- this is when Jace Kentner was the Economic Development
director. And it's a very rare cup. You can find stuff at Goodwill
that is inexpensive and collectible. And this happens to be Lewis
and Clark as one cup. This is the Lewis and Clark Expedition.
Now, if you read about it, it's a 600-page expedition. And on the
bottom of the cup it says, to Rick LoCastro from Garrett and Jace
Kentner.
COMMISSIONER LoCASTRO: I actually have that cup. I
have the matching set.
MR. BEYRENT: Do you really?
COMMISSIONER LoCASTRO: No.
MR. BEYRENT: If you ever read the story, it's scary what
those guys did. And coming back was worse than going out.
CHAIRMAN McDANIEL: Pay attention to the clock. You've
got 30 seconds.
MR. BEYRENT: Okay. Okay. Ready? I'm going. This is
Bill McDaniel's award.
CHAIRMAN McDANIEL: There we go.
MR. BEYRENT: Which actually is a -- this is a caiman, but
everybody thinks that they're alligators. I actually got this in the
Cape Coral facility, the Goodwill, when I was visiting my son who's
was in rehab out there, my youngest son.
And that's really what -- there are so many good things that
come out of the county.
October 25, 2022
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Now, Burt, okay, this is your other buddy.
CHAIRMAN McDANIEL: Your red light's on.
COMMISSIONER SAUNDERS: You're out of time.
MR. BEYRENT: This is yours. This is a Harley Davidson
helmet. Nobody's ever been killed wearing this helmet. John told
me that.
Okay. And the one woman I wanted to talk to briefly, this is,
like, the lady that's done more for Collier County than anybody I
know. She would have been a great governor. I really, honestly
believe that, and I bought you a red Corvette. It's a cheap one. It's
right here in the bottom of the can, okay. But I'm leaving these
things. They're marked who they belong to, okay?
CHAIRMAN McDANIEL: Outstanding. Thank you, Garrett.
MR. BEYRENT: Okay. Thank you.
CHAIRMAN McDANIEL: It's good seeing you again. And
almost for keeping it under three minutes.
MR. BEYRENT: My pleasure. And this came out of my
garage that got hit by the storm. No kidding. It flew 150 feet out of
my garage of my house on the bay.
CHAIRMAN McDANIEL: All right. Thank you, sir. Thank
you, sir.
MR. MILLER: Mr. Chairman, your next speaker is Michael G.
Hagan, and he will be followed by Elizabeth Radi.
MR. HAGAN: All right, thank you. Thanks for putting him
ahead of me. Now I know I can't embarrass myself.
MR. BEYRENT: Hey, it's a job. You know, you've got to do
it. You've got to do the right thing.
MR. HAGAN: It's a joke. It's a joke. It's a joke. All right,
thanks. No, it's not, right?
I'm here, I think, for the third time talking about the -- not
affordable housing but the homelessness. I'm just going to talk to
October 25, 2022
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Rick, because he responds to all my emails, and I appreciate that.
Jeff, help me if I get off track.
So I've been homeless here in Florida on and off for 18 years,
approximately. So here in Collier County, I live with mother,
until -- so about 14 years on and off the street here in Collier County.
I've been to the jail. I've been to the psych ward. I've been
everywhere that you don't want to go. I know more about this
county than anybody, I believe, from all different aspects.
It's -- if you want a 100 -- if you want a 51/49, this is a 100/0 for
everybody.
I showed a guy on Friday -- I saw this guy go out to the Senior
Center in Golden Gate City, because I get a free monthly bus pass
here, which is the hardest thing to get in the county, which is
incredible. When I worked -- when I was a resident at St. Matthew's
House, they gave me a van to drive to take this money to the CAT
center over on Radio Road. We're paying for our bus passes. I'm
thinking why? Why does St. Matthew's House have to pay for
discounted bus passes to give to the residents so the resident can
work? It doesn't make much sense. There's not much help from the
county here for homelessness.
When I was in the hospital, I was in the hospital four times in
six days working this hurricane recovery. Robert, on the fifth floor
said, you have the Scarlet Letter behind your name. He's correct.
H. The H behind my name is homeless. It's worse -- it's the worst
thing you could be in this county.
This hurricane is a tremendous blessing for me and everybody
else that's out there. And, by the way, the Collier County Homeless
Coalition count this year, I think, was under 700. Last year it was
under 800, so supposedly we're doing better. According to my
source, my counselor at David Lawrence Center, the truer count,
more true count is 1,708 homeless people in Collier County. They
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would know, okay.
All right. That's another thing that's unfair. Why are we
directing only to David Lawrence Center? Where is the
competition? I know they got $25 million, I think, from the tax
increase thing to build a place for children. That's fantastic. What
choice do I have? I have nine designated mental illnesses. I have
no choice, really, except to go to David Lawrence Center. That's not
fair to me. That's a monopoly. Where is the competition?
Now, somebody from the county told me they're trying to get
that, and I understand that, and I appreciate it, but let's get another
one. Why should -- why can I not have a choice? If the judge
directs me to David Lawrence Center, that's where I have to go.
Why can't I choose? If I go to an in-patient alcohol/drug program, I
can choose where I want to go. I know where I want to go because,
you know, it's easier for -- whatever. It's just not fair. Can I have
30 seconds more?
CHAIRMAN McDANIEL: I gave it to Garrett. Yes.
MR. HARRIS: Okay. So the -- I lost my train of lot there for
a second. I was talking about David Lawrence Center.
Anyway, I'm homeless by choice. Not too many people -- you
know, this is not -- this is not something you want to do. This is a
war zone out there. I was just telling these ladies I did -- I worked
for -- I had four infections in my feet working the hurricane cleanup,
and I learned a lot. I was the first one in line at the shelter, the first
shelter, the Oak Ridge Middle School, okay. Then we went to the
high school. There was 120 people there. A hundred and twenty
people's lives under the control of what? Does anybody know who?
Who was in charge of the shelter at the high school? Does anybody
know here? The commissioners, do you know?
CHAIRMAN McDANIEL: And just so you know, Michael,
this isn't a question and answer. This is for you --
October 25, 2022
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MR. HAGAN: I'm sorry.
CHAIRMAN McDANIEL: -- you speak on items that are not
on today's agenda.
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: Your time is up now. We're all
done.
MR. HAGAN: We're done. Thanks a lot.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Your next speaker is Elizabeth Radi. She'll be
followed by Bebe Kanter.
MS. RADI: I'm smiling.
CHAIRMAN McDANIEL: Yes, I see that.
MS. RADI: Good afternoon, Commissioners. My name is
Elizabeth Radi. I am the head of the Collier County Tenant Union.
Most of you know me as that, but I've been in Collier County most of
my life. My parents retired from the Collier County Sheriff's
Department in social services.
I've also been a single parent for most of my adult life.
Through test and trials, I not only found God, but purpose way
beyond myself. I worked in various church leadership roles,
especially with single parents, like First Baptist, and I helped
churches develop single-parent ministries; New Hope, Parkway Life,
and many others. I also had a bread ministry where I partnered with
Panera and fed single parents weekly for almost five years. Almost,
I am a lay minister with the Church of God.
I thought I knew what leadership was. After all, I've done it for
most of life. I've watched great leaders rise to the occasions and
others fall under the weight of their own works and deeds.
I have learned that true leadership is about empowering others to
want to be their best selves and stand with people even when it
profits me nothing. True leadership isn't about what's good for
October 25, 2022
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myself but, rather, what's right even if it's not popular.
I was never the one to follow the masses or to compromise my
principles to get along with the crowd. I am not about to do that
now.
I have seen some really disturbing things pertaining to our local
and state leadership that has truly become disheartening. I have
watched people that I'm sure at one point join whatever office of
influence because they truly wanted to make a difference only to
buckle, to be sucked in -- into others' agendas and feel -- fall in line
like good little leaders do until they take up some of the same
self-serving mantles.
I have to ask, where did we get off track? I moved away a
couple years ago to do an internship in Atlanta and swore I'd never
come back here, but God had other ideas. Where the saying goes,
there's just something about being a part of something bigger than
you that's not about you and that requires more than you that feels so
right. And when God calls you, he will equip you to see it through.
Since the rental crisis and push for affordable housing, I have
witnessed some incredible leaders take stands and rise to the occasion
and many show their true colors as well.
So many of us have come together who have probably never
met, joined forces because of their choice and the unpopular path to
be the voices of those that don't feel heard, to choose compassion and
fight for what is right.
I have seen some incredible leaders emerge through the rental
crisis and the aftermath of Hurricane Ian. They formed coalitions,
Facebook groups, teams, and they went street by street meeting the
needs of many, selfless to the point of exhaustion.
One right here earned $35,000 to feed people that were in need.
One other whose daughter or whose son died two months ago,
couldn't even get out of bed, has fed so many people between here to
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Fort Myers, it's insane.
Having a servant's heart is what true leadership is about, and it
requires selfless commitment. It means standing in integrity even if
you stand alone. It sometimes is unpopular and sometimes despised.
But it means speaking truth and standing by it even if it means you go
down with the ship.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Your next speaker is Bebe Kanter. She'll be
followed by Jackie Keay.
MS. KANTER: Hi. Not to be outdone in the humor section
by Gary [sic] -- I pointed out to him, and he said he did remember,
this watch was broken, and I bought it at a thrift store. It's a designer
watch, and I recycled it. Always true to the cause.
And I wanted to talk about how grateful I am that David
Silverberg finally had the courage to draft the proposal and,
secondly -- the anti-Semitism proposal. And also, as I continue, I
want to say, and he knows who he is, I was so upset about the
anti-Semitic comments directed towards me during my campaign and
even before because of my long-term advocacy for affordable
housing. I guess Rick LoCastro didn't know that I had been in the
business since I was 20 years old, and I'm now 69.
But in any case, this is an apology, because somebody said
something to me, which I think he didn't realize would, like, have me
freak out. And I'm not looking at him, but I have to offer an apology
as I continue, because there's other people who I think deserve -- I
deserve an apology from.
It's been a very lonely campaign for me as the only Democrat
and the only Jew and the only outspoken person about affordable
housing and the need for resiliency in our community.
And now I'm just going to speak as a Jewish person. I really
was upset after some of the comments were directed to me and then
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when things went really wild during the primary, and so I asked
the -- Sheriff Rambosk to allow me to stand near sheriffs deputies
during the controversial meetings. He said he didn't have anything
to offer me until I was hurt. Very good comment. He said I should
hire private protection, which I cannot afford to do.
But I continued to go to all meetings, as you all know. So I
don't think that was -- I think I should be owed an apology.
A second apology, which I know I deserve, is that I asked the
County Manager to defer any important subjects on Yom Kippur, and
she said that that was irrelevant, and she denied my request. It took
the Jewish community to speak to all of you before you offered to do
that as a courtesy.
That's all I have to say.
MR. MILLER: Your next speaker is Jackie Keay. She'll be
followed by Hailey Shapiro.
MS. KEAY: Good morning. I was always -- I have always
been a voracious reader. I especially love reading and listening to
classic literature and poetry. One of my favorite books is the Count
of Monte Cristo, which was written by Alexander Dumas, a black
Frenchman, and also wrote The Three Musketeers, as well as the Man
in the Iron Mask.
The theme that enthralled me the most about this book is that of
justice. So what is justice? This is the official definition of justice:
Fairness, moral rightness, a scheme or system of law which every
person receives his or her just due.
Here is my first question: Are all members of our community
receiving equal dues from county resources and leadership?
Where are you settling for less -- and this is to the audience.
Why are you settling for less? Why are you not demanding more
rights as certain community members? You are being conditioned to
ask for and to accept less.
October 25, 2022
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So based on the Declaration of Independence, I have a few
excerpts I'd like to read. That to secure these rights, governments
are instituted among men, deriving their just powers from the consent
of the governed. So that means that as a voter, these individuals up
here do not have power unless I give it to them. The power is yours.
It is not theirs. So you decide who is in leadership in the
community. You decide who makes the decisions in the community,
and when you give up your power to any person else, then you
become enslaved to them. You give up your freedom. You give up
your rights.
That whatever [sic] any form of government becomes
destructive of these ends, it is the right of the people to alter or to
abolish it and to institute new government, leaving its foundation on
such principle, organizing its power in such form as that they -- them
shall seem not likely to affect their safety and happiness. So, again,
this means that as individuals in this community, we have the power;
we have the say in what goes on.
We have so many people -- I'm working class. I don't feel like
you-all care about me. I don't feel like you-all care about the
working class, those who are homeless, those who are displaced,
those who cannot afford -- cannot afford the living here. So,
ultimately, again, if you want leadership who will care about what
you have to say and make the right decision that is best for the
community, it is within your power to change that. Thank you.
MR. MILLER: Your next speaker is Hailey Shapiro. She'll be
followed by Alethea Shapiro. Am I saying that right?
MS. ALETHEA SHAPIRO: Yeah.
CHAIRMAN McDANIEL: We'll make her pronounce it when
she gets to the microphone.
MR. MILLER: Thank you.
MS. HAILEY SHAPIRO: First of all, I just want to thank
October 25, 2022
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you-all for allowing speakers. I feel like it's really important to hear
the views of the public.
My name is Hailey Shapiro. I'm a junior at Barron Collier, and
I have come here today to say I fully endorse the resolution
condemning anti-Semitism in all forms and expressions.
I moved to Naples about 15 months ago from New York with
my parents and my three siblings. My last name Shapiro should give
away the fact that my father is Jewish, and we are an interfaith
family, my mother being Catholic. But we -- obviously, like I said,
we're Jewish, and we celebrate lots of Jewish traditions, and it's just a
big part of who I am.
I'm from Long Island, which is -- has a -- predominantly -- or
has a lot of Jewish people who live there, like, including my town,
which was predominantly Jewish, sorry, and most people around us
knew the history of the Jewish people, the Holocaust, and what is
right and wrong discussing a person's background.
In light of new anti-Semitic comments made by Kanye, a
popular rapper, I anticipate a rise in hate speech towards Jewish
people considering he's a very influential person. I fear that this will
motivate people in this town, especially teens, a lot of his
demographic, to make comments to the small Jewish population here
in Naples as well as the Jewish people worldwide, but this has
already been happening.
In my year living here, I've already heard of and
witnessed -- and witnessed this. For example, a comment made
towards my sister from a boy said, she is leading me on, Jew. I don't
really understand, like, the correlation between the two.
But another thing happened to me. I was sitting in class this
spring minding my business when a picture was air dropped to my
phone. It was a picture of a fellow Jewish student with his face
Photoshopped onto a concentration camp prisoner, the ones with the
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striped uniforms. This -- there was a caption attached to it. First
day at camp. Wish me luck. I was just shipped to Poland. And
you might hate me, but can Nazi me bother or, like, not see me
bothered. I don't know. But it was a play on words with "Nazi."
My stomach honestly sunk.
People texting me meaning -- saying that it was a joke, and he
didn't mean it, but wasn't funny at all.
While I did bring this to the attention of my school, and it was
dealt with, on a personal level what was lost was that yet another
opportunity to use these episodes as examples to teach students how
the language of divisiveness could be harmful and wrong.
Unfortunately, the school informed me that really not much could be
done because of new laws being passed by the Florida government.
That's certainly regrettable, and I hope that we can use opportunities
like these to, as a community, get smarter on these issues and to help
make our community more inclusive, safer, and happy for all of its
citizens.
Once again, I wanted to show support for this anti-Semitism
resolution, and I think it's a good first step to help eradicate hate
speech from our community.
Thank you.
CHAIRMAN McDANIEL: Don't go. Commissioner Taylor,
you want to address her or just have comment?
COMMISSIONER TAYLOR: You gave me the information.
This happened here in Collier County.
MS. HAILEY SHAPIRO: Yes.
COMMISSIONER TAYLOR: Okay. I just wanted to say
how impressed I am that you are here.
MS. HAILEY SHAPIRO: Thank you.
COMMISSIONER TAYLOR: Not only here, but here on
crutches.
October 25, 2022
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MS. HAILEY SHAPIRO: Yeah.
COMMISSIONER TAYLOR: And I just want to say that I, as
one commissioner, have no tolerance for that kind of activity --
MS. HAILEY SHAPIRO: Thank you.
COMMISSIONER TAYLOR: -- and I am going to bring this
up to the superintendent. Thank you.
MS. HAILEY SHAPIRO: Thank you so much.
CHAIRMAN McDANIEL: All right, mother, whose name
shall be --
MR. MILLER: Alethea Shapiro will be followed by Daniel
Zegarac.
MS. ALETHEA SHAPIRO: Good afternoon. My name is
Alethea Shapiro. I'm here to talk about the proclamation
condemning all forms of hatred and bigotry.
As a woman of color and a mother of four who lives in an
interracial and interfaith home, this topics hits home for me. Before
I moved my family from New York last year, we had a sign on our
lawn that said, hate has no home here. So did many other New
Yorkers and storefronts.
I may not know everything since moving a year ago, but here's
what I do know. Does hate have a home in Collier County?
In the one year since I moved from New York to Naples, my
two daughters have told me about several comments that were made
to them -- to them or in front of them that were anti-Semitic. This
June, a series of leaflets containing a variety of anti-Semitic
statements were dropped off on driveways in Naples.
We have a Collier County School Board candidate, Tim
Moshier, who endorsed his campaign manager's disgusting
anti-Semitic social media videos. We have religious fanatics who
are hyper-focused on targeting our LGBT community, making their
lives even more difficult than they already are.
October 25, 2022
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We have an African-American congressman who proclaims that
America is not a racist nation. Well, evidently, he hasn't spent
enough time talking to his constituents in the black and brown
communities who suffer disproportionately from Hurricane Ian
because of climate and justice and systemic racism.
Through my hurricane relief, I was told countless stories by
black and brown community members of how they have been treated
as inferior, who have told me they were treated as animals and
several who have been on the receiving end of many, many racist
insults and behaviors in Naples.
We have a governor who capitulates the fragility of a large
portion of his base who are insistent on teaching the whitewashed
version of American history to make themselves feel better, who care
more about having their egos comforted rather than wanting their
children to know better -- to know better so they can do better and be
better.
Here's what I don't know. I don't know how elected officials
are allowed and think it appropriate to legislate based on their
religious beliefs, how some churchgoers can preach about
Christianity and Jesus and loving thy neighbor, but their actions
reflect the complete opposite, demonstrating hatred and exclusiveness
and utter hypocrisy.
It is a shame that we need a proclamation to state the obvious,
but evidently this message on hate having no home here isn't getting
through to a vile segment of our Collier County community, and
that's because it's rubber stamped by our currently elected officials,
our members of Congress, Senators, our Governor, and former twice
impeached President Trump.
Winston Churchill said, those that fail to learn from history are
doomed to repeat it. Well, folks, we are at an inflection point in our
country, ushered in, welcomed, and promoted by prominent leaders
October 25, 2022
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that hatred and bigotry do, indeed, have a home here. Right before
our very eyes we are watching history repeat itself.
If you ever wondered what you would have done during the
slavery, the Holocaust, or the Civil Rights movement, you're doing it
now. Silence is violence. Speak up. When you see something, say
something.
Thank you for approving this proclamation. It's a necessary
step in the right direction and is much appreciated by marginalized
communities. Thank you.
MR. MILLER: Your next speaker is Daniel Zegarac, and he
will be followed by Ashley Jenkins.
MR. ZEGARAC: Thank you. And good morning.
CHAIRMAN McDANIEL: Dan, fix the microphone so you
can just stand right up there. There you go.
MR. ZEGARAC: You don't like to see me bend down?
CHAIRMAN McDANIEL: Bebe was shorter than you.
MR. ZEGARAC: Yeah, she is.
Nobody's going to accuse me of speaking too quickly, too fast.
I'm very slow and deliberate.
I just want to suggest something to the Board, Mr. Chairman,
that I hope you guys will consider. This is -- you know, obviously,
it's not your dad's Collier County or Naples. It's not your
grandfather's Collier County or Naples. It's a -- it's a modern -- you
know, it's a modern "right now" place that has experienced a lot of
growth. Even me, I've only been here two years full time. I used
to -- I came down here for 11 years part time before that. But just,
you know, so many things have changed so quickly, and sometimes I
think that things have to change along with the times.
July 12th stays in my mind for a good reason. It was your last
meeting before a two-month summer break. Mr. McDaniel and
Mr. LoCastro asked at that time, you know, do you guys want to
October 25, 2022
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forego it, you know. And I don't remember your exact words or
verbiage, but it seems like -- you know, and hindsight's 20/20. I
think you should get rid of the summer break. I think that should go
away. And along with that, I also think that you guys don't meet
enough. I don't think you -- you know, there's too many pieces,
parts, people, and projects going on to just meet twice a month, even.
There's way too much happening.
I hope that -- I hope that you'll take my suggestion seriously. If
you were my board, or if I was in a position where you would
oversee my two-billion-dollar-a-year company, I want you to hear
more about the company, you know. I want to -- I want to know,
you know, more things about what's going on. And I know I'm
talking, like, from the 40,000-foot level, okay. You're going to talk
about, you know, talking to your constituents -- I'm going to need just
a couple more seconds.
I realize that you guys talk to your constituents in community
groups. Rick, I know you do it a lot, and that's great. And I know a
lot of you are in touch with staff. I think that's good, too. But
somewhere along the line, I -- you know, I think you need to change
what you're doing. And this is just one of the things that I have to
say, and I don't -- I don't want to give you any whys right now, but I
would hope that, you know, that would happen, so...
CHAIRMAN McDANIEL: Thank you, Daniel.
MR. ZEGARAC: Yeah, thanks. Anybody have any
questions? I'll stay up here if you want to --
CHAIRMAN McDANIEL: I think we're good.
MR. MILLER: Your next speaker is Ashley Jenkins. She'll be
followed by Shelly -- is it McKernan?
MS. JENKINS: Good morning, Commissioners. Ian gave us a
ride, right? It was a fun time. I was in the downtown area and saw
some of the surge that came in, and even though it was an impact,
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I've done very well right now, but I know a lot of people are still
hurting.
But I'm here to discuss our waterways with our county
commission. And I had a brief opportunity to talk to McDaniels
[sic] at break, and I'm aware that we've got a lot of county personnel
and city personnel who are tasked with taking care of this right now.
But I would ask for the public attention on this matter, and I look
forward to presenting my formal petition November 8th, but until that
date, many in our community are unaware of the concerns that are
present, such as the flesh-eating bacteria amongst other harmful
substrates upon beaches and in waterways.
I have taken action to address the city notices, yet as we enter
the season and we face tourists visiting our county beaches, I will
request that signs pointing to beach visitors to our local testing
websites be published at entrances. It recently came to my attention
that safe notices are being published as of 10/17, or the date of
reporting is from prior to Ian.
Asbestos, carcinogens, amidst other pathogens have been found
up and down the coast and in the gulf, which translates into the sand.
And I -- like many, I have a love and care for our local beaches,
and I empathize with fellow residents and visitors. That being said,
each person needs awareness that Florida is facing the largest red tide
bloom of Karenia brevis to date. Lethal concentrations of this
dinoflagellate can result in death as low as 12 hours as a result of
respiratory and cardiac arrest.
Aerosolized organisms along our coastlines and riverways cause
respiratory irritation, coughing, headaches, and inflammation of the
eyes, the nasal mucous, or allergies.
Now, no vegetation, no shells, and little to no presence of
aquatic life ought to be indicators that our coastal waters are not safe.
I request that the Board take action with the departments to
October 25, 2022
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publicize the resources and the risks to the public and remind the
public that the water is constantly moving. So though a sample
might be taken and it might say that it's safe, within five minutes, 10
minutes, because it's fluid water, it could not be safe.
I thank you all for your attention to this matter.
CHAIRMAN McDANIEL: Thank you, Ashley.
MR. MILLER: Mr. Chairman, your final registered speaker on
Item 7 is Shelly McKernan.
MS. McKERNAN: Hello. Good morning. My name is
Shelly McKernan. I'm here to represent the water.
I am a volunteer with Collier County Water Keeper, and we test
the water for the enterococci bacteria that the county does as well
and, lately, we have some conflicting results.
And so I just request the county to be providing a little bit more
information to the public other than just referencing to a website.
People are concerned, and they have a lot more questions, and they
want to know more. It's something that they are interested in.
The Vibrio vulnificus and other bacterial contamination in our
water and on the sand, it's present. There's not signs at every beach
entry that is stating this. And I -- if someone gets sick or injured
while at the beach or another waterway, who is liable for that injury?
In addition, there's major waste toxins and fertilizers that are still
entering the water every day, even the same way it did before
Hurricane Ian, and I hope that we can find ways to lessen these
contaminates and help all the sea creatures.
In addition, I am also known as Sea Shelly Mermaid. I do -- I
inspire humans of all ages to spread kindness, be brave, and share
their talents, and I do so through Mermaid Entertainment and
Performance.
So I would like to end with a poem that my dad wrote, and it
goes -- and it's called Clean Water. The vast oceans, the seven seas,
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and the Great Lakes are here to please, and so are our rivers, creeks,
and ponds, and without them, they would all be gone.
They supply a great thing that's essential to Earth, and if we
want to exist, we must value their worth, and protect them from
damage by keeping them clean. This earth needs your help. Please
join our clean water team.
My name is Sea Shelly, and I'm happy to be the Mermaid who
teaches the youngsters I see about protecting this great earth's vital
waters so they will be enjoyed by their own future sons and
daughters.
So thank you so much.
CHAIRMAN McDANIEL: Thank you, Sea Shelly.
All right. Do you want to go to lunch?
All right. We will be back at 1:03.
(A luncheon recess was had from 12:03 p.m. to 1:03 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: Yes, I do. Yes, I do.
Commissioner LoCastro, we have a live mic.
What happened to Commissioner Solis?
MR. MILLER: He's singing Rocky Top.
CHAIRMAN McDANIEL: I see that.
MR. MILLER: I'm going to pay for that one, aren't I?
CHAIRMAN McDANIEL: Yeah, yeah. Yes, you will. Yes,
you will.
COMMISSIONER TAYLOR: We need a camera -- we need a
camera in here when he sees that.
CHAIRMAN McDANIEL: All right. County Manager, where
are we going to go this time now?
Item #9A
October 25, 2022
Page 104
ORDINANCE 2022-42: AN ORDINANCE ESTABLISHING
MILESTONE INSPECTIONS ESTABLISHING A MANDATORY
INSPECTION OF AGING CONDOMINIUM AND
COOPERATIVE BUILDINGS IN UNINCORPORATED COLLIER
COUNTY AND THE CITY OF EVERGLADES IF THE CITY OF
EVERGLADES AGREES, BY RESOLUTION, TO HAVE THIS
ORDINANCE APPLY AND BE ENFORCED IN THE CITY OF
EVERGLADES, AS LONG AS THE COLLIER COUNTY
BUILDING OFFICIAL SERVES AS THE BUILDING OFFICIAL
FOR THE CITY OF EVERGLADES - MOTION TO APPROVE
BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER TAYLOR – ADOPTED
MS. PATTERSON: Commissioners, we're starting at our
advertised public hearings. First is 9A, a recommendation to adopt
an ordinance establishing Milestone Inspections establishing a
mandatory inspection of aging condominium and cooperative
buildings in unincorporated Collier County and the City of
Everglades, if the City of Everglades agrees by resolution, to have
this ordinance apply and be in force in the City of Everglades as long
as the Collier County building official serves as the building official
for the City of Everglades.
And Mr. Jamie French will present.
CHAIRMAN McDANIEL: Mr. Jamie French, good afternoon,
sir.
MR. FRENCH: Good afternoon, Commissioners.
CHAIRMAN McDANIEL: While you're introducing yourself,
I was neglectful in thanking you, you and yours, for all that you've
been done so far for our community and assistance. We were
thanking a lot of people, but I thought about it, and then I forgot
about it. So I just wanted to say thank you.
October 25, 2022
Page 105
MR. FRENCH: You're welcome, sir. As my grandfather used
to say, I'm paid to do a good job, so hopefully we'll continue to do
that. So thank you for the acknowledgment. We have a very good
team of colleagues back at Growth Management, and our
beaches -- our bench is not deep, but it is certainly broad, so we're
appreciative of your continued support.
Very quickly, Commissioners, this is a result of the Surfside
Condominium legislation that effectively does just two things: If
you're within three miles of a coastline, you're required to have your
building inspected by a private engineer every 25 years. And if
you're outside of that three-mile cone, it becomes every 30 years.
Essentially, what happens is that they provide the county, the
building official, your building official, with a Phase 1
documentation letter from the engineer that says the building is safe.
In the event that they have to provide a Phase 2, it would be followed
up by a building permit, which, essentially, a Phase 2 means repairs
are necessitated in order to maintain the structural integrity.
We anticipate that many of those buildings along the coastline
that aren't 25 years or older will probably be doing their Phase 1's
now since many of the pile caps and grade beams are exposed.
So this is a -- this is state mandated, and quite honestly we're
already starting to get requests to have their Phase 1's turned in. We
just can't accept them until this ordinance is adopted.
CHAIRMAN McDANIEL: Okay. Anybody have any
comments with regard to this?
(No response.)
CHAIRMAN McDANIEL: How about a motion for approval?
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: All right. I guess I motioned to
approve it. I'll be happy to do that. Is there any other discussion?
(No response.)
October 25, 2022
Page 106
CHAIRMAN McDANIEL: All those in favor?
COMMISSIONER SOLIS: (Absent.)
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. FRENCH: Thank you, sir.
Item #9B
RESOLUTION 2022-176: TRANSMITTAL THE PROPOSED
LARGE-SCALE AMENDMENT TO THE GROWTH
MANAGEMENT PLAN FOR THE COLLIER
BOULEVARD/INTERSTATE 75 INNOVATION ZONE
OVERLAY - RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AN AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND MAP
SERIES TO ADD THE COLLIER BOULEVARD/INTERSTATE 75
INNOVATION ZONE OVERLAY TO ATTRACT AND RETAIN
QUALIFIED TARGET INDUSTRY BUSINESSES; TO CORRECT
A SCRIVENER'S ERROR IN THE ACTIVITY CENTER #9 INSET
MAP; AND FURTHERMORE, RECOMMENDING
TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY. THE
SUBJECT PROPERTY IS LOCATED AT THE INTERSECTIONS
OF COLLIER BOULEVARD AND INTERSTATE 75, AND
October 25, 2022
Page 107
COLLIER BOULEVARD AND DAVIS BOULEVARD, 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 (PL20190000821) - MOTION TO REMOVE
THE 9-ACRE PARCEL BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER SAUNDERS – ADOPTED;
MOTION TO RECONSIDER BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER SAUNDERS – APPROVED
(COMMISSIONER LOCASTRO OPPOSED) MOTION TO
TRANSMIT W/OMISSION OF THE 9-ACRE PARCEL BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED (COMMISSIONER
MCDANIEL AND COMMISSIONER TAYLOR OPPOSED)
MS. PATTERSON: Item 9B is a recommendation to approve
for transmittal for the proposed large-scale amendment to the Growth
Management Plan for the Collier Boulevard/Interstate 75 Innovation
Zone Overlay resolution of the Board of County Commissioners
proposing an amendment to the Collier County Growth Management
Plan, Ordinance 89-05, as amended, specifically amending the Future
Land Use Element and Map Series to add the Collier
Boulevard/Interstate 75 Innovation Zone Overlay to attract and retain
qualified targeted industry businesses, to correct a scrivener's error in
the Activity Center No. 9 Inset Map; and, furthermore,
recommending transmittal of the amendment to the Florida
Department of Economic Opportunity.
The subject property is located at the intersection of Collier
Boulevard and Interstate 75 and Collier Boulevard and Davis
Boulevard in Sections 34, 35, and 36, Township 49 South, Range 26
East, and Sections 2 and 3, Township 50 South, Range 26 East,
October 25, 2022
Page 108
Collier County, Florida, consisting of plus-or-minus 1,245 acres.
I'm sorry. I was expecting to see Mike Bosi there.
CHAIRMAN McDANIEL: And everybody stopped. There he
is. Mike's right there. Do you feel better now?
MR. BOSI: Mike Bosi, Planning and Zoning director. James
Sabo, our Comprehensive Planning manager, will be taking this.
MS. PATTERSON: Tricky.
CHAIRMAN McDANIEL: Okay. There we go. That was a
good move.
(Commissioner Solis is now present.)
MR. SABO: James Sabo, Comprehensive Planning manager.
Good afternoon, Commissioners. And I'm sorry to have startled our
County Manager.
Before you this afternoon is the Growth Management Plan
amendment for the Collier Boulevard Innovation -- I-75 Innovation
Zone Overlay. And it is a result of Board-directed activity from
2018 when you created -- as a Board you created Activity Center
No. 9, the Innovation Zone. That was in July of 2018. There's three
of them in the county; one in Ave Maria and another in Golden Gate
City.
That action, essentially, was to create an economic development
tool through tax and increment financing for -- and to create and
attract qualified target industry business uses such as manufacturing,
global logistics, finance, insurance. I won't read the rest. Corporate
headquarters --
CHAIRMAN McDANIEL: We're all a little bit distracted here.
Commissioner Taylor -- or Solis just came back and found his prize.
COMMISSIONER SOLIS: I'm sorry.
CHAIRMAN McDANIEL: It's okay. It's okay. It's okay.
That was a shot, though.
COMMISSIONER SOLIS: That was a shot across the bow.
October 25, 2022
Page 109
CHAIRMAN McDANIEL: It sure was.
COMMISSIONER TAYLOR: I think we need to let everybody
know that Alabama did lose to Tennessee two weeks ago.
CHAIRMAN McDANIEL: I was quite happy, just so you
know, Commissioner Solis, just to let that slide.
COMMISSIONER SOLIS: Yeah.
MR. SABO: I was not carrying the goal post.
COMMISSIONER SOLIS: I do appreciate the cigar, but --
COMMISSIONER TAYLOR: Yeah, you did get a cigar.
COMMISSIONER SOLIS: You know, that -- well, it's funny
that they always tear down the goal post when they beat Alabama,
though, because it rarely happens.
CHAIRMAN McDANIEL: There you go.
All right, James, proceed on. We're done with the football.
MR. SABO: Thank you, Mr. Chairman. I appreciate it.
All right. So this is the overlay zone proper. To give you an
idea, I-75 here, Collier Boulevard here. Let's see. This is Cracker
Barrel right there. This is Mc- -- that's not Dunkin' Donuts. This is
McDonald's right there, and then Walmart here to the south.
COMMISSIONER LoCASTRO: Can I just ask you a question
on this, just because you've got the right map up?
MR. SABO: Sure, absolutely.
COMMISSIONER LoCASTRO: Well, actually, either map.
So just north of that arrow, that little sort of square piece that
overlooks Forest Glen golf course, Mr. Bosi and I spoke about it
yesterday. So this is my district. Forest Glen sent me a long email
that they have serious concerns that they're in final discussions with a
developer who is going to build three one-story
light-commercial-type buildings. I don't have all the details. But
their big concern is that if we pass this, it hampers and basically sets
them back to square zero on this small, tiny little piece of property,
October 25, 2022
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you know, compared to the larger footprint. Can you comment on
that? Did you see -- did you see the email from their -- the manager
of Forest Glen, or are you aware of their, you know, pushback or
concerns?
MR. SABO: Commissioner LoCastro, I am, and I appreciate
you bringing that up.
At the August 18th Planning Commission meeting, Mr. Craig,
the general manager from Forest Glen, did come. He did present to
the Planning Commission his concerns. The Planning Commission's
actions at that time were to -- during the adoption hearing, to generate
only conditional type uses that would be allowed to be approved
there. They wanted them to be heard by the Planning Commission
and the Board of County Commissioners only, not through the HEX
and the conditional-use process there.
They did -- the Board -- or the Planning Commission did pass
the transmittal document to you with everything being the same but
that condition, that when we bring it back to them for adoption and to
you for adoption, that those uses in the Innovation Zone be
conditional uses for that southeast -- this piece right here -- that
southeast corner parcel.
I don't know if that --
COMMISSIONER LoCASTRO: So how would that affect
what they're doing now? Because I did take exception -- he sent me
an email yesterday, and I just want to make sure that maybe he's not
misunderstanding something. He feels that if we don't make this
piece of property an expectation -- and I'm not saying I'm advocating
for or against. I'm just trying to separate rumor from fact. But he
feels strongly and his community feels if we don't make this small
little piece of property an exception, and if we don't exclude it from
this overall plan, that it throws everything they've done into a huge
tailspin back to square zero. And, you know, I didn't know the
October 25, 2022
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appropriate answer. What I basically answered him was, we're
going to talk about it today.
MR. SABO: Right.
COMMISSIONER LoCASTRO: So are they incorrect in
saying that?
MR. SABO: So here's where we're at. There's a two-step
process for these Growth Management Plan amendments. We're at
the transmittal stage. Nothing you do today affects --
COMMISSIONER LoCASTRO: Affects that.
MR. SABO: -- the ordinance. So when --
COMMISSIONER LoCASTRO: And that's what you said
pretty much yesterday, Mike.
MR. SABO: When it comes back --
COMMISSIONER LoCASTRO: I got it.
MR. SABO: We can address that with Forest Glen. And we
are aware of that. Mr. Bosi's aware of it. I'm aware of it.
MR. BOSI: And just to give you a little bit more in-depth of
what's going on with Forest Glen, they currently have a PUD
amendment that's submitted to Growth Management. It's under staff
review. It's adding some industrial -- some light industrial uses as
you mentioned --
COMMISSIONER LoCASTRO: Right.
MR. BOSI: -- to that currently commercially designated
property. So when -- that's eventually going to work itself to the
Planning Commission, ultimately to the Board of County
Commissioners. And I think Forest Glen was concerned that if we
adopted this overlay as it's proposed, it would invalidate the need for
the PUD amendment. They're correct, but right now we have been
instructed -- and the recommendation from the Planning Commission
is -- would be to make that parcel of land -- these uses would be a
conditional use, so they'd have to go through a public-hearing process
October 25, 2022
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anyways.
At the end of the day, I think what we're looking for is a
recommendation from the Board of County Commissioners or
direction, I should say, from the Board of County Commissioners
either to exclude this parcel from the Innovation Zone or,
alternatively, make the permitted uses that are proposed within the
Innovation Zone only conditional uses within that area so there's
always a public-hearing process, and it wouldn't invalidate the work
that's currently going on between the Forest Glen folks.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN McDANIEL: And my thought with regard to that
was there are underlying property rights that are existent today,
correct? If I'm not mistaken, the property's zoned C-3.
MR. BOSI: Yes.
CHAIRMAN McDANIEL: And it has rights as a C-3 both for
commercial and for a conversion to residential.
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: There was actually a petition that
came before us last year, I think, or a while back, that was trying to
convert it to residential but at a much higher density --
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: -- than what was currently allowed.
This Innovation Zone enhances the potential of other uses, but on that
specific piece of property, we're going to hold those -- if somebody
comes and wants to do one of these new uses other than the C-3 or
that conversion that they have, they have to go through the
conditional-use process, which we'll --
COMMISSIONER LoCASTRO: So what we do today doesn't
kill their plan.
CHAIRMAN McDANIEL: No.
COMMISSIONER LoCASTRO: It's just -- they have to go
October 25, 2022
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through the proper steps. Because I do support Forest Glen's
position, but also I don't -- you know, my initial thought was
excluding it was overreach, was a step -- and, actually, maybe a
better word was "not required"; that they're not dead with their
project. They're not at square zero, which is sort of what they
summarized to me; that that's actually not true. So I think
we're -- okay, that answers that.
MR. SABO: Thank you, Mr. Chairman.
Again, James Sabo, for the record.
Commissioner LoCastro, we can address this issue at the
adoption --
COMMISSIONER LoCASTRO: Right.
MR. SABO: -- proceedings, too; just to make sure that's on the
record.
COMMISSIONER LoCASTRO: Got it. Yes, sir.
MR. SABO: All right. So this is the aerial view. Let's see.
Cracker Barrel there, Walmart here, to give you some bearings.
All right. The types of uses that are in the qualified
target-industry-type uses are advanced manufacturing, corporate
headquarters, something like this. It looks like the GE building
there. These types of products, manufacturing for these types of
products, prosthetics, surgical appliances. Again, these are
examples.
Aircraft parts, auxiliary equipment, high-tech manufacturing.
Those are landing gear on the right, and a perspective of how big
landing gear are, that's a golf cart behind them.
Instruments for measuring and testing. Meters, testing
equipment, semiconductors, things like that. These are the types of
uses we are looking to attract through economic development.
The process right now, it went to the Planning Commission on
the 18th of August. It's with you on the 25th here today. Adoption
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in the winter of '23 at the Planning Commission, adoption for the
Board of County Commissioners, winter/spring '23 as well.
And then, once you generate the overlay, the Land Development
Code amendments follow, and that generates the specific uses.
Public information meeting was held in August. Concerns
expressed there; I won't read them to you. As I mentioned,
Mr. LoCastro, mentioned at the August 18th meeting, Forest Glen did
present to the Planning Commission their concerns with that parcel.
Our recommendation is to forward the Petition 0821 to the
Florida Department of Economic Opportunity for transmittal.
I'll entertain any questions.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: This is -- this is a very critical
step in encouraging 21st century manufacturing to Collier County. It
makes great good sense. What it does is incentivize this clean
industry to locate at a specific area which can support it because of
the transportation network there. And I don't think anybody wants to
offend or worry Forest Glen, and I know there's a lot of cooperation
there.
So I would ask as economic chair of this board that this be
passed. Thank you.
CHAIRMAN McDANIEL: It's been moved --
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: -- and seconded that we approve as
presented.
Tim, do you want to speak before we render a decision? I
mean, your cohort was here to hear our deliberations. You were a
minute late. But are you okay with what's transpiring?
MR. MILLER: I do have registered public speakers, sir. I'm
sorry. I forgot to hit your light.
CHAIRMAN McDANIEL: Okay.
October 25, 2022
Page 115
MR. MILLER: And David Doyle is one of those speakers,
followed online by Tom Rinaldi and then Don Hagan.
CHAIRMAN McDANIEL: Tim probably doesn't know he
needs to fill out a form.
MR. DOYLE: Good afternoon. I'm Dave Doyle. I'm a
member of the board of Forest Glen. I'm here to speak in opposition
of having this Innovation Zone being applied to the Forest Glen PUD,
Planned Unit Development. Like all PUDs within Collier County,
Forest Glen was designed and approved combining a small
complimentary commercial use with a residential community.
We have -- 799 homes in Forest Glen were bought with the
comfort knowing it is a well-planned PUD. In discussion Mr. --
CHAIRMAN McDANIEL: LoCastro.
MR. DOYLE: In discussion of the current negotiations that are
going on, the project is described as a very low-profile project. And
if you go back to the pictures of their manufacturing, that could
represent a very huge-size facility compared to what would be our
neighborly expectation of a low-profile commercial use fitting much
better in a PUD.
Very -- I'm not aware of any PUDs that put large-scale
manufacturing within them. If you look at all Naples Lake,
Berkshire, it's all commercial shops, offices, and services. Thank
you.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Mr. Chairman, your next public speaker is
joining us on Zoom, Tom Rinaldi. He'll be followed also on Zoom
by Don Hagan.
Mr. Rinaldi, you're being prompted to unmute your microphone.
If you'll do so. I see you have. You have three minutes, sir.
MR. RINALDI: Good afternoon, Commissioners. My name
is Tom Rinaldi. I serve as the attorney for Forest Glen, and I
October 25, 2022
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appreciate your time and consideration of this issue.
On paper, it sounds great. You know, we're bringing in
high -- high-wage earning jobs to Collier County through the passing
of this type of amendment. But what I bring to your attention here is
the unanticipated consequences that a community such as Forest Glen
would face if this amendment were to be passed and it apply to the
geographical region as proposed through the amendment itself and
Innovation Zone.
You know, you already had the opportunity to see the map, and
you see the small parcel that neighbors the Forest Glen community.
You're well aware of the negotiations that are going on right now
between Forest Glen and a current developer of that specific parcel.
Mr. Doyle did a great job of summarizing that, that we're at the stage
where the parties are in agreement; an MOU is about to be signed
that states that there's going to be a low-profile building, that it's
going to be for flex purposes, warehousing space, et cetera.
But if you go back to Mr. Sabo's presentation, you'll see that if
this amendment is allowed and transmitted and then ultimately
adopted, that it would allow for additional manufacturing uses. And
that's the issue here and the problem from Forest Glen's perspective is
that these manufacturing uses go far well above and beyond what
would ever have been contemplated as being something from the
community itself.
And the concern here, of course, the MOU won't just be thrown
out, and the negotiations may not be thrown out, but what we hear
from the developer's side constantly is, well, if warehousing and flex
spaces as it's been outlined at the neighborhood information meeting
and in our discussions, we want to do that, but if -- we also have the
door open to do whatever is allowed by law.
And so if this heavy-duty manufacturing is allowed for by law,
which it would be based on this type of amendment right on the
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parcel that neighbors Forest Glen, then the developer could
potentially take advantage of that or a subsequent landowner.
And so that's the true concern from Forest Glen's perspective,
and that's why we request that this amendment, if it is to be
transmitted, that it be transmitted in a manner that excludes the parcel
that's just north of Forest Glen to protect the community itself from
this type of unanticipated consequence.
Thank you, both for your time and your consideration of this
matter.
MR. MILLER: Mr. Chair, our last registered speaker, also on
Zoom, is Don Hagan.
Mr. Hagan, you're been prompted to unmute your microphone,
if you'll do so at this time. I see you have, sir. You have three
minutes.
MR. HAGAN: Thank you. I wish to echo the concerns of
Mr. Doyle and Mr. Rinaldi. If this passes, it gives the developer a
go-ahead to build almost anything that they would want to within our
PUD. This small piece of property is zoned commercial, which
should be shops and such that would benefit the Forest Glen
community and other communities along Collier Boulevard.
I strongly urge you to really consider that this property should
not be developed industrial. Thank you.
MR. MILLER: Mr. Chair, that was our final registered speaker
for this item.
CHAIRMAN McDANIEL: Very good.
Commissioner Saunders, we do have a motion and a second for
approval, but Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I'd like to ask a
couple questions. First of all, I'm assuming that ultimately this
would require four votes for approval. Does it require four votes for
approval?
October 25, 2022
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MR. KLATZKOW: It requires three votes to transmit; four
votes for approval.
COMMISSIONER SAUNDERS: What is the harm to that
overall plan if you remove that -- I forget the size of that parcel.
MR. SABO: About nine acres.
CHAIRMAN McDANIEL: Close to 10.
COMMISSIONER SAUNDERS: The parcel is nine acres.
What is the harm to the overall plan by removing that?
MR. SABO: I don't think it harms the overall plan. It would,
obviously, exclude that parcel from the zone.
COMMISSIONER SAUNDERS: One of the things that -- I
think I want to make two comments. One is we do want to protect
our neighbors, and this may create a problem for an established
neighborhood. And anybody purchasing that property or deciding to
use that property, they have a set of rules currently that they can
operate under.
I assume, Commissioner LoCastro, that this is a fairly important
issue for you, and so I'm going to suggest that I'm not going to
support this proposal with that property included in it. So there may
want to be some consideration of the motion.
COMMISSIONER LoCASTRO: Yeah. And that's how I feel.
I mean, the question I wrote down here was that exact thing: What
was the harm? And you and I had that conversation yesterday. The
overall big plan I understand and support, but I just think that for
that -- for nine acres, it's overcomplicating things for Forest Glen
that's already been through some complicated things over the last
couple years with that tiny little footprint and a lot of other drama and
things happening around that area.
I heard the answer that I was hoping to hear, which is what's the
harm in excluding them? Does it do anything to hurt the overall
plan? And I don't think it does. And, you know, I'm very
October 25, 2022
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supportive of Forest Glen, very protective of that area, as we all are,
of our districts of making sure that we don't, you know, do something
that's sort of a big knee-jerk or overreach.
So that was -- you know, we spoke about this 24 hours ago.
My proposal was, why don't we remove it? What would be the
harm? And I think I've heard here that there really wouldn't be. So
I'd support going forward as long as that was removed for what I
think is very valid reasons.
CHAIRMAN McDANIEL: Commissioner Taylor, or is that
from before?
COMMISSIONER TAYLOR: That's from before, but I would
encourage my colleagues to tour the aerospace firm that is here and
certainly Pelican Wire and certainly another company that actually
creates ammunition. And they are not necessarily nestled out to
a -- to a residential area that seems to have tremendous buffers, but
what they are is nestled into this community. That's the kind of
clean industry that we would attract. And industry is what we need
so that we are less dependent upon tourism.
The diversification of our economy is critical to the future of
Collier County as witness of the fact that here we are moving into a
season, and it is dangerous to walk on our beaches.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: As I recall, their underlying zoning
is C-3; is that right?
MR. SABO: Right, that is correct.
COMMISSIONER SOLIS: So there's a commercial use. I
mean, would it be better overall not to just require that anything that
goes there be subject to some kind of conditional-use process so that
the compatibility is -- I mean, is that something that we can require
now?
MR. SABO: I would -- we could handle it at adoption,
October 25, 2022
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Commissioner.
COMMISSIONER SOLIS: At adoption, but we can't --
MR. SABO: That's correct.
COMMISSIONER SOLIS: -- handle it now?
MR. SABO: I mean, we could -- you're the Board of County
Commissioners. You can do it right now if you'd like.
CHAIRMAN McDANIEL: Well, let me -- and let me throw in
a thought, if I can. And this is just -- this is just me. If -- what are
the allowed uses today under C-3?
MR. SABO: Well, I don't have them at my fingertips, but
shopping, convenience stores --
CHAIRMAN McDANIEL: Height restrictions?
MR. SABO: Fifty.
CHAIRMAN McDANIEL: What are the height restrictions
under C-3?
MR. SABO: 50 feet.
CHAIRMAN McDANIEL: Fifty feet.
What are the density conversion rights under C-3?
MR. SABO: This is an activity center, so you could go 16 units
per acre.
CHAIRMAN McDANIEL: And still have to stay within the
50-feet height?
MR. SABO: Yeah, or you could amend that PUD for
additional height.
CHAIRMAN McDANIEL: But that would require a
conditional use for an amendment to the PUD?
MR. SABO: Correct.
CHAIRMAN McDANIEL: So -- and my thoughts are, for
those that have expressed concern with regard to this, today this is a
transmittal hearing. We can -- we can pull this out if we haven't
gotten satisfied with the additional uses that are here at the adoption
October 25, 2022
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hearing, if we haven't gotten to a happy spot.
The folks at the development and the developer are verbally
negotiating, haven't consummated an MOU. And so they have a
verbal agreement to what they're going to do, but they haven't
consummated a transaction.
And so -- and I'm not sure that the proposed uses that are being
proposed for the current developer are actually even condoned within
the C-3 zoning as it sits today. It may require a conditional use as it
is.
So my thoughts are, leave it alone as it's being proposed, and
then when it comes back for the final adoption period -- hearing, we
can do as is suggested by the Planning Commission and require those
enhanced uses to be -- require a conditional use and/or pull the entire
property out, and then we're sitting with a C-3 -- the PUD is sitting
there with a C-3 zoned piece of property, which it has been, but move
to forward as is suggested now, allow for the MOU to be developed,
and then the development and the developer have a written agreement
as to what's, in fact, going to transpire and it would be -- then include
it in the new uses underneath the -- underneath the Innovation Zone.
COMMISSIONER LoCASTRO: I just think that by doing that
we're just overcomplicating the process; that, yeah, we could do all
those things down the road, but I just -- unless I hear something
different, I just feel like it -- simplifying it by pulling it out now to me
makes -- still makes the most sense. I realize that we have the
options down the road.
And I think they're a little further down the line -- unless I
misinterpreted the email that I got. Like you said, they haven't, you
know, maybe sealed the deal, but it seems like they're very close.
But, I mean, really, Mr. Bosi, you know, I'd like to hear your
comment. Because we had a really good discussion yesterday, but it
seemed like it was missing a few pieces. And I said, let's just wait
October 25, 2022
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until today. You know, if there's no harm in pulling it out now and
there's no harm in pulling it out later, I get that as well. I just think it
becomes more complicated for Forest Glen later, or not. Tell me
why I'm wrong if I think we're making it more complicated by not
pulling it out now.
MR. BOSI: They are currently -- Mike Bosi, Zoning director.
The developer's currently going through an amendment to the
Forest Glen PUD to add some light industrial uses to this.
CHAIRMAN McDANIEL: Which, is it permitted under the
C-3 zoning?
MR. BOSI: No, it's not permitted. That's why they are
seeking an amendment --
CHAIRMAN McDANIEL: Would it be permitted under the
new Innovation Zone if the Innovation Zone were approved?
MR. BOSI: The industrial uses -- the industrial uses that are
being proposed are currently authorized by the Growth Management
Plan now. That parcel of land, that nine-acre parcel of land, is
eligible for industrial uses. When Forest Glen rezoned, they chose
not to seek those industrial uses and only sought commercial uses
within their PUD.
The amendment that's currently being processed by GMD is
adding industrial uses that's authorized by the current GMP to allow
for some light industrial uses.
If you take this parcel out of the land, it removes nine acres from
1,245 acres. If you wait till adoption and you remove it or restrict its
conditional use, that's the discretion of the Board of County
Commissioners.
I think we're all crystal clear we don't want to disrupt the
negotiations, and we don't want to disrupt the comfort and the feel of
the Forest Glen community.
It's simply a policy. You can do it now. You can do it at
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adoption -- you can do it at adoption, but in the meantime, we're
going to continue to process that GMP -- or not GMP amendment,
but the PUD amendment for Forest Glen. And it sounds like they
are getting close to establishing that memorandum of understanding,
and once that memorandum of understanding is going, I imagine then
the rest of the PUD is going to follow.
So it's simply a matter of timing of when the Board would like
to --
COMMISSIONER LoCASTRO: Well, I just felt like if we
waited till adoption, then it's slowing things down for Forest Glen
and possibly putting in some unknowns, because there's never a
guarantee. If we sit here now and say, hey, we want to support
them, they're in the final stages, pulling it out now is nine acres over
an -- you know, over a thousand-acre footprint. You know, is it
really any kind of, you know, gigantic impact? Well, it is for Forest
Glen if it's not done as advantageously as possible. And it just
seemed to me that the most advantageous thing was to remove it
now, approve the rest of it, and allow them to go forward with the
final steps without having to wait and hope and wonder and that sort
of thing.
MR. BOSI: Well, that's what you would take out, any
ambiguity and uncertainty. They would know that it has been
removed from the Innovation Zone if you did it now.
COMMISSIONER LoCASTRO: Right.
MR. BOSI: From staff's hearing, it's either now or it's going to
be at adoption.
COMMISSIONER LoCASTRO: Well, that's what I would
like. I mean, this is --
CHAIRMAN McDANIEL: Can I get a word in?
COMMISSIONER LoCASTRO: Sure.
CHAIRMAN McDANIEL: I've been wanting to ask him a
October 25, 2022
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question.
The uses in the PUD amendment that's currently being
processed, are they allowed under the current C-3 zoning?
MR. BOSI: No.
CHAIRMAN McDANIEL: No. Are they allowed under the
new Innovation Zone Overlay?
MR. BOSI: They would be allowed. They're allowed by the
current GMP right now.
CHAIRMAN McDANIEL: I understand; that was my
question. And so with this particular piece of property, a PUD
amendment's requisite no matter what we do. And the new uses that
would be allowed would exempt the developer from having to
do -- and then -- and the development is all part of this same PUD,
and that's an important thing to remember, that the Forest Glen are all
part of this same PUD for this PUD amendment.
The uses would be -- wouldn't require a PUD amendment, but
would require a conditional use amendment as it's being proposed
right now and would still involve the community for input as to size,
shape, and color as to what the developer could, in fact, do.
COMMISSIONER LoCASTRO: But it would also slow down
their process possibly.
CHAIRMAN McDANIEL: Whose?
COMMISSIONER LoCASTRO: Forest Glen's process to
move forward.
CHAIRMAN McDANIEL: No. It wouldn't slow Forest Glen
down, I don't --
COMMISSIONER LoCASTRO: Or their developer.
CHAIRMAN McDANIEL: I don't know -- the developer's
coming forward with a PUD amendment now.
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: So what's your perception that it
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would slow down Forest Glen? I don't understand that.
COMMISSIONER LoCASTRO: If we didn't pull it now and
we waited until the adoption phase, doesn't that add extra time into
the process, and it puts them at a standstill?
CHAIRMAN McDANIEL: Who?
COMMISSIONER LoCASTRO: Forest Glen and their
developer.
CHAIRMAN McDANIEL: No. They're in the process now
that's being reviewed for a PUD amendment for the uses and the
proposed MOU that they --
COMMISSIONER LoCASTRO: No, I get that.
CHAIRMAN McDANIEL: -- haven't gotten to yet. And
then -- and necessarily, this could -- I'm sorry.
Commissioner Saunders, I'm over here talking to him; forgot
you're lit up.
COMMISSIONER SAUNDERS: Yeah, that's okay.
CHAIRMAN McDANIEL: Well -- and Commissioner Solis is
ahead of you.
Commissioner Solis, forgive me.
COMMISSIONER SOLIS: I think I'm going to withdraw my
second, because I'm not sure that, given my tenure, that I should be
the one seconding this. If there's concerns, I think it's Commissioner
LoCastro's district.
CHAIRMAN McDANIEL: Okay. And --
COMMISSIONER SOLIS: I will withdraw my second.
CHAIRMAN McDANIEL: -- I certainly will acquiesce to the
concerns, but I'm not understanding the concern of the timeline.
COMMISSIONER LoCASTRO: I don't think it's monumental.
I mean, I don't think we're talking about something here that's a
monumental type thing. But I just think removing it
simplifies -- and maybe Commissioner Saunders can more eloquently
October 25, 2022
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explain how I think we both might feel. But my position is I just
think it simplifies the process for Forest Glen and doesn't take us to
the -- to the next phase or, you know, it doesn't add more timing to
their decision process. They're obviously concerned about it. I
mean, I got a two-page email about it, and they had three people that
just spoke at the podium. So I don't think that they're
misunderstanding that they have concerns.
I guess, you know, my question is, why is their email wrong as
far as their concerns? Because they feel like it does throw a monkey
wrench into their process unneedingly, and I don't disagree unless I
hear something that rebuts what their position has been.
CHAIRMAN McDANIEL: I just took you -- because I was
calling on you. Commissioner Saunders.
COMMISSIONER SAUNDERS: Okay. I think I forgot what
I was going to say.
Let me just make sure I understand this correctly. On this
nine-acre parcel, there is an application in to permit some type of
industrial process there. We're going to hear that at some point.
Now, we may approve it; we may not. Let's assume for a
second that we find that it's unacceptable, for whatever reason. If we
were to approve this overlay, at some point that takes that decision
away from -- or changes that decision based on adopting this. I don't
see any advantage in adopting this -- or including this acreage in
there, especially since there's already an application for a specific use
that we're going to consider anyway.
So I appreciate Commissioner Solis withdrawing his second.
So right now we have a motion with no second. I would not support
the motion unless -- I would not support going forward with this
unless that parcel's taken out, especially since we already have an
application in for a specific industrial use there.
COMMISSIONER LoCASTRO: So as this is my district, I'd
October 25, 2022
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like to make a motion that we remove that nine-acre parcel and then
approve the remainder.
COMMISSIONER SAUNDERS: Then I'll second that.
CHAIRMAN McDANIEL: It's been moved and seconded that
we remove the nine acres out of the Innovation Zone for the
transmittal hearing. 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.
COMMISSIONER SAUNDERS: So that gives you your
transmittal instructions. You don't need an additional motion?
MR. BOSI: Understood. We will remove that. Before
we -- before we transmit to the Department of Economic
Opportunity, that nine-acre parcel will be removed from the proposed
Innovation Zone.
MR. SABO: Thank you, Commissioners.
CHAIRMAN McDANIEL: Careful what you wish for.
COMMISSIONER LoCASTRO: Hey, no comments from the
gallery. The vote's over.
CHAIRMAN McDANIEL: I'm allowed to. I'm the chair.
COMMISSIONER LoCASTRO: Not in January.
CHAIRMAN McDANIEL: I'll remind you of that as well.
COMMISSIONER LoCASTRO: Yes, Mr. Chairman.
CHAIRMAN McDANIEL: Let's go.
October 25, 2022
Page 128
Item #9C
ORDINANCE 2022-43: AN ORDINANCE TO ESTABLISH A
NOTICE TO TENANT ORDINANCE RELATING TO
LANDLORDS PROVIDING WRITTEN NOTICE OF RENT
INCREASES OVER 5% TO TENANTS WITH LEASES OF ONE
YEAR OR LONGER – MOTION TO APPROVE W/CHANGES BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER TAYLOR - ADOPTED (COMMISSIONER
LOCASTRO AND COMMISSIONER MCDANIEL OPPOSED)
MS. PATTERSON: Commissioners, Item 9C was continued
from the September 27th, 2022, meeting. It's a recommendation to
consider an ordinance to establish a notice-to-tenant ordinance
relating to landlords providing written notice of rent increases over
5 percent to tenants with leases of one year or longer.
Mr. Jake LaRow, your director of Housing and Economic
Development, is here to answer questions.
CHAIRMAN McDANIEL: How you doing, Jake?
MR. LaROW: I'm doing well, sir. Thank you. How are you?
CHAIRMAN McDANIEL: Good.
Commissioner Saunders, are you going to hit your button or --
COMMISSIONER SAUNDERS: Yeah.
CHAIRMAN McDANIEL: -- do you want me to go to public
comment?
COMMISSIONER SAUNDERS: Go ahead, and then I'll
follow you.
CHAIRMAN McDANIEL: Well, we'll go to public comment,
because I have nobody else lit up.
MR. MILLER: All right, sir. We have five registered
October 25, 2022
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speakers here for public comment.
Your first speaker is Danielle Hudson. She's been ceded
additional time from Marcy, is this Roggow -- Roggow, and also
from P.J. Smith. She will have a total of nine minutes, and she will
be followed by Jackie Keay.
MS. HUDSON: Good afternoon, Commissioners. My name is
Danielle Hudson. I'm the vice president of public policy at the
Naples Area Board of Realtors, and we are here in opposition to the
60-day landlord notice-to-tenant ordinance.
We've heard it mentioned multiple times as this ordinance has
been discussed, you know, what is the harm in passing this
ordinance? It's a feel-good ordinance. And, ladies and gentlemen,
this is not my words. These are the words that are being used by
AHAC and the Board of County Commissioners. This is a feel-good
ordinance that may give people some more time.
Well, we would submit to you that there is harm in the form of
unintended consequences, and so we would like to walk you through
what we think some of those unintended consequences may be in its
passage, and we thought it would be instructive if we began with
explaining a little bit of the environment that landlords find
themselves in and give a little historical context about some of the
perception and misconceptions about what this ordinance may, in
fact, do to their private property rights.
So if you recall, for two-and-a-half years, landlords were under
the federal eviction moratorium, and during that time landlords were
unable to evict tenants and, in many cases, they were unable to
collect rents even though their tenants may have been gainfully
employed or accepting federal dollars.
This caused a maelstrom of concern in the market and, in fact,
we're told by the National Rental Home Council that one in four
single-family home rental -- rentals were actually put on the market,
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because the mom and pop owners of those properties felt it was better
to get out of the business than to remain owners of these rental
properties.
We also saw instances of rental properties switching to shorter
term vacation rentals and landlords disallowing month-to-month
rents, et cetera. There were many unintended consequences of that
federal eviction moratorium.
When it was finally lifted, only a few months later, we saw
municipalities around the country, and even our neighbors in Miami
and Tampa and Orlando, imposed 60-day notices, the most egregious
being in Orlando, which has resulted in a ballot initiative that, if
passed, would impose rent control in that municipality. That is
under litigation, I should mention, right now.
I bring all of this up just to say there is a perception issue with
the ordinance that is being discussed today among the landlords that
are calling us. For better or for worse, whatever the intention of the
Commission in wanting to pass this type of ordinance or to consider
this ordinance, it is being lumped in with these actions that were
taken by the federal government and also by local municipalities as
being something that would disallow them to utilize their private
property rights. And so we feel that we may continue to see an
acceleration of rentals being sold or switching over from longer-term
to short-term rentals that's exacerbating the problem that we have in
our tight rental market.
Now, I will move on to some of the more substantive sort of
questions that we have coming out of the language of this ordinance.
It's been stated that proponents want a simple notification ordinance
to give residents more time to find suitable housing or to find the
funds to pay the increase of rent.
And over the past several times this ordinance has been
discussed in the county and in the city, of which they did pass a
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version of this ordinance, much attention has been paid to Florida
Statute 83.57. In that provision, it relates specifically to termination
of tenancies without specific duration. And in that statute, 60 days is
the standard for yearly rentals; however, we would submit to you that
the vast majority of rentals in Collier County are executed through a
written lease.
And to look at the statute that pertains to written leases, we need
to turn our attention to 83.575. In that statute it states, a rental
agreement with a specific duration may contain a provision requiring
the tenant to notify the landlord within a specified period before
vacating the premises at the end of the rental agreement. If such a
provision requires the landlord to notify the tenant within such notice
period, the rental -- that the rental agreement will not be renewed, a
rental agreement may not require more than 60 days' notice.
And this is important because you currently have leases that are
being written and executed with a termination period that is less than
60 days, and what this ordinance, essentially, does is imposes an
additional time limit of 60 days in addition to what may be written
into the lease in terms of the termination, which brings a whole host
of questions into this process. It's not a simple one-size-fits-all
feel-good ordinance.
So here are some of the questions that we have. The ordinance
does not indicate whether the notice period commences upon the
tenant's receipt of the notice or the landlord's sending of the notice.
Now, that's important because if the landlord is going to be held
responsible for notice of 60 days, well, when does that notice period
begin? Okay.
The ordinance is unclear about whether notice is required only
on extensions or leases that must be signed by parties to be effective
or whether the ordinance is also applicable to leases that have an
auto-renewal provision with the fixed increase. Now, you would
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think this would be self-evident that if a lease has an increase written
into, that we should just, you know, kind of disregard it, but it's not
specifically noted, and our lawyer has noted it as something that we
should look at considering the fact that the vast majority of rentals are
being executed under, you know, written lease agreements.
Also note, and our lawyer has noted this, that the ordinance does
not specify whether failure to comply with the notice requirements
affects rights and remedies available to landlords and tenants under
Chapter 83, and it's unclear how a court would apply the ordinance in
the context of a court action such as an eviction.
And I know that we may not really be considering these
downstream ramifications as we are looking to pass this ordinance,
but we would really implore you to, because in Miami the County
Attorney stated that -- and this is where it all started, in Miami-Dade.
They were the first, as far as I'm aware, in the state to pass the 60-day
notice.
The County Attorney stated that the Miami-Dade ordinance can
only be enforced in court as a legal defense to eviction to give renters
more time to find new housing if their landlords do not provide
sufficient notice. So we've already pointed out some of the concerns
that we have in relation to the definition of notice, when does notice
begin.
In the ordinance itself, it states that at the end of a lease term
they're supposed to give the 60-day notice. Most leases, you're
giving rent increases at the time of renewal. So we have a question
as to what the definition the end of the lease is. Is that the last day of
the lease, or is that the first day of when the -- you know, the renewal
period would be? We don't know.
So we would simple that -- well, first, we would ask that you
don't pass this ordinance. We think that our concerns merit your
consideration in that it's not a simple one-size-fits-all solution to
October 25, 2022
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giving people more time, but if you were to pass it, we'd ask that
you'd give some consideration to the downstream ramifications that
can occur and, perhaps, put a little more care and thought into the
wording of the ordinance for the benefit of the landlord, should this
ordinance be used in an eviction process.
We thank you for your time and your consideration.
MR. MILLER: Your next speaker is Jackie Keay. She'll be
followed by Elizabeth Radi.
MS. KEAY: Good afternoon. Obviously, I'm in support of
passing the 60-day ordinance. One can go around in circles and try
to catch your tail to try to figure out what-ifs, you know, would will
or will not work.
But, again, if the city could pass this ordinance -- and thus far I
know I haven't heard of any complications or issues that they're
having with it -- then that means we should certainly pass it, too, as
well to form some type of standardized protection for all
working-class people.
So I love Abraham Lincoln, and I found a letter in the Library of
Congress where he was debating his constitutional duty to unite the
union but also his moral obligation and duty to free and emancipate
enslaved people. So for him he used one action to accomplish
multiple goals. But, again, when he chose to emancipate enslaved
people -- his party was against him -- he chose to do the right thing.
His constituents and people who previously supported him were
against him, but he chose to do the right thing. He knew his life
would be in some type of danger by passing, you know, the
Emancipation Proclamation, yet he did the right thing.
So my question to the Commissioners is, what is your long-term
goal for our community? Because the reality is, we need housing.
We need affordable housing. We need to protect our working class.
Once they move out of the community, they will not be returning.
October 25, 2022
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So if your long-term goal or planning is, indeed, to sustain this
community, I would like to know how you're going to sustain it
without the working class. And if you can explain how you're going
to sustain it without the working class, and if you can convince me
that that's possible, then I will back down, but I don't see how you're
going to do that. Without the working class, this community
economically, as well as socially, will crumble.
And as we see more people moving from up north, working
class are being pushed out of the community, and now with Ian, with
less housing available, I actually have people who are upper
middle-class contacting me and saying, hey, I don't feel like I can
even afford the rent or live in Collier anymore. I'm becoming
concerned that I can no longer live in the community.
So a little over a year ago I came in speaking about the
importance of balance, portfolio balance as it relates to the different
classes. The reality is, if you are putting too many of your eggs in
one basket, you drop that basket, your eggs are broken; you're stuck
with nothing.
So as I see our community going in that direction of not only a
lower class, middle class, now we're having upper-income families
who are considering leaving the community because it's unaffordable
and they can't find places to live. So who's going to maintain the
community when all of these members are gone? So good luck
trying to figure that out. Thank you.
MR. MILLER: Your next speaker is Elizabeth Radi. She'll be
followed by Bebe Kanter.
MS. RADI: Hi, again.
Several people, from politicians to realtors, are speaking about
the rental gouging. I've seen many, and since a mutual friend met
with the head of the Senate, the state Senate, and I was given word to
catalog and send some proof, they have been pouring into my DMs
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by people watching the various sites.
Example, two-bedroom, two-bath on Rattlesnake Hammock,
older than I am, for $4,000 a month.
It's -- an individual sent me a letter from her landlord. At the
end of her lease, she was going to be given a $6,500 rent for a
three-bedroom.
We can sit here and argue all day long, and we can say it's a
feel-good, but you know what, when the rubber meets the road, we
have more homeless people now than we could ever imagine. This
crisis is horrible. It's worse than before -- you know, before Ian.
Now we have nowhere to run. We have nowhere to go. We have to
either figure something out -- we need to give them hope. We need
to give them an understanding that we can be on their side, too; that
we can keep the working class here.
Miami-Dade, their ordinance was a 60-day on a
month-to-month. There were several things crammed into that
ordinance that created a lot of stipulations, that created a lot of
blowback. This is a very simple ordinance.
The Florida Bar says that if a tenant is given -- is told that they
have to give 60 days, then it should be a common courtesy for the
landlord to do the same.
My lease, my complex gives me a 60-day notice. If my rent is
going to increase or they are not going to renew my lease, it is based
on the date that my lease ends. From the date my lease ends, the
potential to renew, then I have that 60 days to make that decision
based on that increase or that nonrenewal, not whenever you get the
notice, not whenever this.
We need to, basically, instead of allowing NABOR and all these
other places to scare landlords like they've been doing in other
counties -- because we have people that are afraid to even use public
assistance for their tenants because they're being told that if they do
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that their insurance will be dropped from their rentals. These are
scare tactics that are being used, and they're being used across these
counties.
If a 60-day ordinance was actually enacted and followed through
with, then maybe those rent caps wouldn't be -- wouldn't be part of
what's being put out there now.
CHAIRMAN McDANIEL: Thank you, Elizabeth.
MS. RADI: That's why they are being put out there.
CHAIRMAN McDANIEL: Excuse me. I didn't see her notice
for 30 seconds pop up. Did you forget --
MR. MILLER: Yes, it did.
CHAIRMAN McDANIEL: Okay. I missed that. Forgive
me.
MR. MILLER: Your next speaker is Bebe Kanter. She'll be
followed by Harrison Hubschman.
MS. KANTER: Hi. This is Bebe Kanter. Today I'm Quiet
Collier, this speech.
I'm used to the north, and what has been proposed as a
modification is very common up north. And I haven't noticed that
there's any problem. I mean, really, my biggest cultural change is
that things that seem equitable and fair up north are considered
violations of the property owners' rights.
So in any case, I see this as a fair proposal, and I still don't feel
good. Tenants will still be at a disadvantage for at least the next five
years until the housing supply increases. So I don't -- that's A.
Second of all, I've never heard of a landlord having any problem
renting in Collier County. What are they worried about? Those
lines. I mean, the only problem that landlords have is deciding how
high to ask for rents because, after Ian, working-class people are
bidding against the people in my neighborhood whose elevators got
wet.
October 25, 2022
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So what I'd say is, just like we hear from a lot of property -- I
shouldn't say property owners, large land developments, if we don't
like it later, let's amend it. Let's do that with this. Five years from
now, if it turns out that the landlords are at an unfair disadvantage, let
them come in and ask for a change.
Thank you.
MR. MILLER: Your next and final speaker on this item is
Harrison Hubschman.
MR. HUBSCHMAN: Good morning -- good afternoon,
Commissioners.
I'm here to talk about the possibility of providing people with
alternatives to renting or whatever. I have two houses. One in
Naples, one on Isles of Capri. My Isles of Capri house was flooded
with nine inches of water. It's uninhabitable. I've got to replace all
the appliances and the flooring and everything.
And my friend who lives there, who takes care of the place, she
doesn't have a place to live. She's living with me right now, which is
not, you know, comfortable, not -- you know, doesn't work out. But
I thought about in the side -- I have two and a half acres in Naples in
Livingston Woods, and my septic tank is on one side of the house
where you could tie in an RV or a mobile home, mostly, like, an RV,
small RV. And she could -- if I bought an RV and parked it there
and tied it into my septic system, tied it into my water system, tied it
into my electric, she could live in that RV very comfortably and not
be, you know, put out. You know, she's put out of the house there
till it's renovated.
And I just wondered if that's a possibility for other people to do
the same thing, because, you know, you've got a lot of people who
have no place to go, and like -- you know, they're looking at leaving
Collier County. And, unfortunately, she can't leave. She needs to
stay here. And it would not cause any pollution. It would not cause
October 25, 2022
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any problems for anybody else other than the neighbors. If they
were not opposed to it, you know, then why not allow, like, an RV in
a residential neighborhood to be parked on a larger lot like mine, two
and a half acres?
So that was just a suggestion that I wanted to make.
CHAIRMAN McDANIEL: Thank you.
MR. HUBSCHMAN: Okay.
CHAIRMAN McDANIEL: Great suggestion, by the way.
Long -- you know, there again, we've already -- yeah, well, we are
doing that -- allowing it on people's houses that are damaged, but
we're not allowing it on Harry's lot for his tenant that's
already -- that's in a house that's uninhabitable. But it might be
something -- you know, our chairman of the AHAC sent
out -- excuse me -- sent out a letter and talked about, you know,
allowing for -- that might be something that we could give
consideration to in certain areas. Maybe in the Urban Estates, you
know, the legalization of renting of guesthouses in the Urban Estates.
We don't have the infrastructure in the Eastern Estates, because that's
an automatic double of the density. But we have more infrastructure
and capacity in the Urban Estates. So that might be something we
want to bring up soon and give it some consideration, so...
MR. HUBSCHMAN: Even if it's only on a temporary basis.
CHAIRMAN McDANIEL: I gotcha. Yeah, well -- and it
would need to be that. I mean, it is permittable now for someone to
park an RV in front of their home -- permittable, and then it becomes
permissible once you're permitted. Because we've got to make sure
that it's plugged into the septic system/sewer system properly, that it's
wired in safely, and you're not endangering your neighbors or the
surface water as such. That is permittable in today's marketplace at
your home, but not for you to do it for somebody else.
MR. HUBSCHMAN: Okay.
October 25, 2022
Page 139
CHAIRMAN McDANIEL: Yes, yet.
MR. HUBSCHMAN: Okay.
CHAIRMAN McDANIEL: Thank you for bringing that up,
though. That's a fine idea.
So -- all right. Commissioner Saunders, are you going to light
up, or do you want me to go down the --
COMMISSIONER SAUNDERS: I guess I'll go ahead and
start, Mr. Chairman.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: I support providing some -- a
60-day notice to tenants, but I've always maintained that this needs to
be a clean ordinance that does nothing but provide 60 days' notice.
Obviously, that doesn't solve the housing problem. It just, perhaps,
gives a little bit of comfort to tenants to have that notice, and I think
that's what everybody is talking about here.
So I want to suggest some changes to the ordinance that we have
in front of us for consideration. First, in Section 3, it says, a
residential landlord that proposes to increase the rental rate by more
than 5 percent at the end of a lease term must provide 60 days written
notice to the tenant. Then it has, before, and then it's got three
choices. We don't need to state the three choices. I think that does
create some confusion. So if we just simply said that they have to
provide 60 days written notice and eliminate those three conditions,
that's already just -- I think it's common sense. But, it does -- I can
understand why there would be some confusion to that. And then
the question was, well, when does the notice period begin? And we
do have to establish when that 60-day notice is provided. And I
think that the 60-day notice is when -- begins when the landlord
provides notice either through mail, posting, or through email. So it
would be on the landlord to at least have evidence that they provided
notice.
October 25, 2022
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Then there's another question that was raised, and that is, what if
you have a written lease that has an increase in it? So a lot of leases
will have a CPI increase in it. That CPI in coming years may very
well be more than 5 percent. And I think we could simply say in this
ordinance that this notice provision doesn't apply to notices -- or to
automatic rate increases provided in written leases. That eliminates
that whole concern.
So I would ask that if we're going to consider this, that we
consider this with those changes. I think that cleans it up so that it's
clear that it's nothing more than 60 days' notice, and that, again, will
give some comfort to the tenant. It won't solve the housing problem.
So, Mr. Chairman, I'm going to make a motion to approve this
with those changes. Now, there may be some other changes, so I'm
just -- I want to get it out on the floor for discussion. So I'll make a
motion with those changes and look forward to the discussion here.
COMMISSIONER TAYLOR: I'll second that motion for
discussion, and I like those changes a lot. I think it cleans it up.
Thank you.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: So is the changes -- do the changes
affect the last sentence of Section 3?
CHAIRMAN McDANIEL: Yes, basically.
COMMISSIONER SAUNDERS: Yeah. It just deleted that
after providing for the notice. The rest of that, I think, is
unnecessary.
COMMISSIONER SOLIS: Oh, okay. All right.
COMMISSIONER TAYLOR: So the Section 3 is 5 percent;
that's what that's all about, what the percentage of increase is.
Anything above 5 percent triggers this notice?
COMMISSIONER SAUNDERS: Correct, correct, and then the
rest of the sentence is eliminated, and the last -- of course, the last
October 25, 2022
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sentence, as well, is eliminated.
CHAIRMAN McDANIEL: Well, I'm not -- I haven't changed
my position from the last time we failed this, and I'm not going to
change my position again. This is in conflict with two of our state
statutes that already establish a relationship between a landlord and a
tenant.
It provides for -- personally, I see it as doing nothing but adding
confusion to an already sticky circumstance. Personally, I believe
that a 5 percent -- or more than a 5 percent increase is a notice of
termination, and this ordinance puts in conflict with the existing
statute, whether it be 509 or 83 with regard to the tenant/landlord
relationship as it already exists. I see enforceability issues. I'm not
certain how it's going to be enforced.
So I'm -- I am not in support of this any more now than I was
before.
So are you going to light up and say something?
COMMISSIONER LoCASTRO: Sure.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER LoCASTRO: I feel the same way, and I
know that probably makes some people unhappy that I serve on the
Affordable Housing Advisory Committee with, but, you know, we do
a lot more than just pass this one notice. I think it's redundant. I
think it's not necessary. And all the examples that we heard at the
podium are all very emotional and all very accurate, and this
ordinance does nothing to fix any of those things.
So those were -- those were side discussions that require a
different solution. This is not the solution to any of those things.
This won't solve homelessness. This won't take somebody
from -- you know, it won't keep a landlord from making their rent
$4,000 in all those examples we heard. And, you know, I'm not a
big fan of just passing things just as a feel-good.
October 25, 2022
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And I agree with Commissioner McDaniel; I think this is
redundant for things that already exist. And I certainly don't
set -- and this is no slam on the City of Naples, but I certainly don't
sit here and look at any other municipality or city or county as the
standard, and if they passed it, then, you know, it's an automatic for
us to pass it as well. So that's not anything that goes into my
decision process, and I haven't changed my position either.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I'm just curious as to whether
anyone's position would change if a sentence was added that would
say that this requirement does not change a landlord or a tenant's
rights under Chapter 83 or, was it, 509?
CHAIRMAN McDANIEL: 509.
COMMISSIONER SAUNDERS: And I certainly would accept
that as an amendment to the -- I think it -- it's a clarification. But I
would -- if that's -- if you want to add that to that, I'll ask the person
making the second if that's okay with you.
COMMISSIONER TAYLOR: Yeah. I'm -- our esteemed
colleagues who are attorneys, I will follow your lead on that. I think
that's fine.
COMMISSIONER LoCASTRO: But if we did that, then, what
would this -- I'd like to know what this does do, then. So we're
taking a lot of things out and putting in a lot of provisions, and then I
just think that it makes this even sort of, like, less effective. It makes
it more of a feel-good and everybody walks out of here and goes,
look what we did. But then what does it really change?
And then I'm concerned about the same sort of things
Commissioner McDaniel is, that it introduces possibly some, you
know, legal issues or some other significant things that we might not
have foreseen.
CHAIRMAN McDANIEL: And in theory, it's lifted by
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the -- by the add-on sentence. It doesn't change my position to -- I
mean, you know, there again, I haven't even got into the letter from
the multifamily renting organization with five units or more, and
that's a Chapter 509, and the conflicts that are there and the language
adjustments that need to be put in if something like this is going to be
passed, because I just don't want to do it. I just --
COMMISSIONER SOLIS: I understand.
CHAIRMAN McDANIEL: I don't think it's -- I don't think
it's -- I don't think it's needed. I don't -- and, again, Mr. Hubschman
had one of the best ideas that I've heard all day long with regard to
the housing issue that we have going on from a temporary basis and a
permittability standpoint of allowing for additional rental units to be
transitioned into our community, especially on a short-term basis
with regard to the storm.
But like Commissioner LoCastro said, it's -- to me it's not -- it's
not going to fix the housing units. It's not going to fix the housing
project. It's not going to -- it's not going to do anything to assist the
community and -- other than cause, in my personal opinion, cause
confusion between a landlord and a tenant that already is statutorily
regulated.
Oh, Commissioner Solis. He's lit up again.
COMMISSIONER SOLIS: So, I mean, I agree that maybe the
way it was written before there could be some confusion -- well, I
don't think there could be confusion from a legal standpoint because
we can't change what the statute says. What we can do is take
anyway any confusion by saying that this doesn't change anybody's
rights under Chapter 83.
Then to Commissioner LoCastro's question of, well, then what
does it do? It seems to me that what it would do was potentially give
a very small number of people that would fall in the situation that
wouldn't otherwise know, for whatever reason, that their lease was
October 25, 2022
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coming to end, and the landlord was going to increase the rent, it
would give them a little more heads-up that they need to go find a
place, which will be very hard to find. That's -- I think that's all it
will do. And, you know, we've heard from the community that
they're -- you know, there's some value to that for some people. It
doesn't change anybody's rights. It doesn't change any --
CHAIRMAN McDANIEL: It does.
COMMISSIONER SOLIS: It doesn't change anybody's rights
under the statute, because if we took that out, and we specifically said
it doesn't change anybody's rights under the statute, then it would
potentially give a tenant some heads-up that they need to start
looking sooner than -- maybe than they thought. And, you know,
I -- I don't necessarily see a problem with that.
COMMISSIONER SAUNDERS: Mr. Chairman, if I might,
just to clarify where we are, then. And I'm assuming that
Commissioner Taylor will agree to this in terms of the second. That
we have the changes that I had outlined along with the added
statement from Commissioner Solis concerning the fact that this
doesn't alter the rights of the landlord or tenant that are provided in
Florida Statutes.
CHAIRMAN McDANIEL: That's correct. That's my
understanding as well.
COMMISSIONER LoCASTRO: I mean, I'll just make a
comment to what Commissioner Solis said. I think it -- I mean, I -- I
agree with you it would -- it would assist a very, very small number
of people. And the reason I say that, and I say it maybe a little bit
different than how you're saying it. If housing is our number-one
problem right now, or a big problem, and people have a lease, gosh,
I'm flabbergasted by the amount of people that forgot their lease is
about to expire or forgot that prices are going up so much and that
this ordinance being passed is somehow going to be put in
October 25, 2022
Page 145
everybody's mailbox, and it's going to remind that small amount of
people that are already covered by an -- by state legislation, I guess,
is maybe -- I'm not sure if it's the right term -- but that already covers
them. I just -- I think that that small amount of people has got to be
minuscule who need to be reminded of that. And that's where I sit
here and say I don't think that this is really accomplishing anything,
and I only vote for things that I think are going to improve or
accomplish something, not just make people feel good or catch those
four people who forgot their lease is expiring in 60 days and that
rents are going up exponentially. I think everybody's pretty much
aware of that already.
CHAIRMAN McDANIEL: I mean, when we were talking
about this before, Commissioner Solis, you were wanting -- because
at that time we had found out, documented, that there was an
enormous amount of information not getting to -- from the landlords
to the tenants. And, you know, I actually was listening to what you
said, and, you know, having that stipulation of assistance programs
and things that the government has to assist folks that are in a
strifeful position, I actually thought that that was a plausible, okay --
COMMISSIONER SOLIS: We can add that, too.
CHAIRMAN McDANIEL: Yeah. Well, again, we already
have statute. We already have land -- we already have -- and I
don't -- I don't see -- now -- I don't see any value in this.
COMMISSIONER LoCASTRO: Do you want to bring up
what Mr. Fernandez said? Or did everybody read his email? I think
we all got it separately, right?
CHAIRMAN McDANIEL: I mean, you can if you wish. I
mean --
COMMISSIONER LoCASTRO: No, I just -- you know, I
mean, just for the sake of time, you know, I mean, he represents
the -- yeah, represents landlords, but, you know, I think he wrote us a
October 25, 2022
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very professional letter, which wasn't, you know, don't do this and
don't do that for landlords. But he sort of reminded us of what's
already out there. And my takeaway after reading this is, you know,
this isn't needed. It's redundant. It's got a lot of things in it that
complicate the process and really don't do what a lot of people think
it does do. So, I mean, I'm oversimplifying what he said. I think
we all got his email. But I think that was part of what goes into my
decision of I still stand by what I initially felt from the beginning.
CHAIRMAN McDANIEL: Right. So does this require a
super or three and two votes or one? One vote?
COMMISSIONER SAUNDERS: Mr. Chairman.
CHAIRMAN McDANIEL: Yes, sir.
COMMISSIONER SAUNDERS: Let me read from
Mr. Fernandez's letter, down towards the second-from-the-last
paragraph. In an effort to mitigate confusion and ensure compliance
with the ordinance, the Southwest Florida Apartment Association
respectfully requests that the following excerpt be removed from
Section 3, and that's all the language that I removed from Section 3.
CHAIRMAN McDANIEL: Yeah. You did do that, yes.
COMMISSIONER SAUNDERS: So I just want -- just for the
record, that we are attempting to answer this concern.
COMMISSIONER LoCASTRO: True, yeah.
COMMISSIONER SAUNDERS: And then he says that his
organization strives to be a meaningful partner to the county and
welcomes the opportunity to continue to engage on this issue and
serve as a resource.
So you're right, Commissioner Solis, that -- I mean,
Commissioner LoCastro, that we did receive that letter, but I tried
to --
COMMISSIONER LoCASTRO: Correct.
COMMISSIONER SAUNDERS: -- do my best to understand
October 25, 2022
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their issues and address them.
CHAIRMAN McDANIEL: And you did do your best. I
am -- there again, I haven't changed my position, so it's -- I can count
noses. Let's get onto the next. It's been moved and seconded that
we pass with those adjustments as has been stated. Is there any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: All opposed?
Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Motion passes 3-2.
MS. PATTERSON: Commissioners, that brings us to
Item 10A, which is our add-on item. This is a recommendation to
approve a fifth amendment to the long-term lease and operating
agreement for the golf and entertainment complex with CCBSG
Naples, LLC.
CHAIRMAN McDANIEL: Don't we have a 2:00?
COMMISSIONER LoCASTRO: Time-certain.
MS. PATTERSON: Oh, yeah, right. I'm so sorry, yes.
Item #11E
RECOMMENDATION TO ACCEPT AN UPDATE ON THE
ROCK CRUSHING ACTIVITIES ON THE PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF SANTA
BARBARA BLVD AND DAVIS BLVD. – MOTION TO
RECONVENE AT THE DECEMBER 13TH MEETING TO MAKE
October 25, 2022
Page 148
DECISIONS ABOUT THE CRUSHING DEADLINES BY
COMMISSIONER LOCASTRO; SECONDED BY
COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: That brings us to our 2:00 time-certain,
which is Item 11E, to be heard no sooner than 2:00 p.m. This is an
update on the rock crushing activities on the property located at the
southeast corner of Santa Barbara Boulevard and Davis Boulevard.
Ms. Jaime Cook, your director of Environmental Services, will
present. Right? Did I get it right this time? No, of course not.
MS. COOK: Jaime Cook, your director of Development
Review in Growth Management.
Today we wanted to provide you an update with the rock
crushing site and the Taormina PUD at the corner of Santa Barbara
and Davis Boulevard.
The Water Management District permit was issued on
September 22nd for grading and fill of the site. Activities included
specifically within the permit were to separate, load, haul off, and
dispose of any noncrushable material. So the steel, the scrap metal,
any trash, wood, or other debris.
Also, to process the rocks, boulders, and concrete through an
industrial crusher; to spread, grade, and compact the processed
material across the site, and then to complete the lake excavations,
stabilization, the berms, and stabilize the site.
Staff met with the property owner; Mark Minor from Grady,
Minor; their engineer; their attorney; their contractor, Earth Tech,
who will be doing the site work; as well as the County Attorney's
Office for a preconstruction meeting on October 17th, last Monday.
We added some additional stipulations to their -- the work that
they were allowed to do on site, including that all the rock crushing
activities have to be complete by May 1st, 2023. That date was
October 25, 2022
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decided upon because there was concern over the ability for them to
get it done any sooner. If there was delays due to mechanical
failure, staffing issues, and being able to process the material before
they actually start crushing.
One of the things that we did not want to do was come back to
you and request additional extensions, so we worked with the
applicant, the property owner, and their consultant on a date that
would -- they would be able to meet.
Other conditions that we placed on them would be no additional
construction and debris material may be imported to the site. Rock
crushing may only occur between 8:00 and 5:00 Monday through
Friday. No work is authorized on Saturdays, Sundays, or holidays.
Water must be maintained on the crusher during operations -- during
operating of the crusher to control dust. The silt fence must be
maintained around the construction areas in accordance with our
Land Development Code requirements.
The visual screening fence around the property boundary has to
be maintained and erect at all times. Grasses and weeds must be
maintained both on the site and within the right-of-way in accordance
with our Land Development Code.
Construction debris that cannot be processed or cannot be
crushed, such as the rebar, the metal, and other material, must be
removed periodically. All of it must be removed by May 1st. And
if it is being stockpiled on site, it cannot -- the stockpiles cannot
exceed eight feet in height before they are removed. Any
stockpiling of fill material must be done in accordance with our Land
Development Code requirements, which includes the slopes and
stabilizing of the pile.
County staff will be conducting periodic inspections of the site
until the work has all been completed. These inspections will occur
without notice to the property owner or their consultant.
October 25, 2022
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And the consultant will provide a weekly monitoring report
directly to me with -- including updates as to how much material has
been crushed, the amount of work completed, and if there were days
that no crushing activities occurred, why they did not crush.
I believe one of the other questions that had come up was the
fines. The Special Magistrate originally heard this on August 5th,
and he had imposed an immediate $1,000 civil penalty as well as
administrative costs. He also imposed a $1,000 daily fine until all
permits were in place. So as of right now, the total fines on the
property are sitting at $45,223.50. It is scheduled to go back to the
Special Magistrate on November 4th for an imposition of fines
hearing.
And with that, I will take any questions you may have.
CHAIRMAN McDANIEL: Just as a point of clarification, I
had talked to deputy -- or our County Manager yesterday on Bullet
Point No. 3, and that had -- I think you corrected it. But in the
executive summary it talks about no additional materials shall be
imported. We have specified that to be no additional construction
C&D material for more crushing.
MS. COOK: Yes, sir.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Jaime, what did we find out
with the report we got today that there was crushing going on on the
lot with no water, which there's supposed to be no activity; did we
confirm that or not?
MS. COOK: So the video that I saw, that is not a crusher.
COMMISSIONER LoCASTRO: Okay.
MS. COOK: What we are doing is they are beginning to try to
separate some of that material, break up some of the rock so that it
can be put into the crusher.
COMMISSIONER LoCASTRO: Do they need to provide
October 25, 2022
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water when they're doing that or not?
MS. COOK: Only when the crusher is operating. Unless
there's some dust concerns and issues. And my staff has been out
there and hasn't seen any yet. But if there is, we will address that
immediately.
COMMISSIONER LoCASTRO: Okay. So I appreciate the
overview. And we all care about this. But, you know, it sits in my
district.
The issue that I have with everything that you just said -- and we
may not have the option to change or challenge anything. But,
initially, I was spit-balling the idea of -- when we were getting a lot
of negative feedback from citizens, and rightly so -- don't crush
anymore rock. Remove the rock that's uncrushed. Then to my
disappointment, I realized that there's a lot more uncrushed rock on
that lot than we all thought; that they were bringing it in much faster
than they were crushing it, so there's a large amount of uncrushed
rock sitting there right now. And although the citizens, you know, to
make a point, want it all trucked out, that's not realistic. I mean,
having hundreds of trucks going down the road a day and dumping it
somewhere, I mean, that train left the station long ago.
But when you say May of 2023, that's seven more months of
crushing five days a week. And what I would like to see, but I don't
know if we have the legal authority to do it or even if I have the
support from the fellow commissioners, giving them a much shorter
time to crush, and then if we have rock left over and it's a much less
amount, if it is feasible to then remove that uncrushed rock, then
maybe that's an option, or to extend them by 30 days or 30 days.
But, you know, to give them a blanket seven more months of
crushing, even if they were at the podium right now and said, we're
going to do it much faster, we've got a much better company, great,
then I'll give you three months. Come to us at the
October 25, 2022
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two-and-a-half-month point and tell us that you need two more weeks
or something like that. But to me, seven more months -- and if
they've wasted their time and they brought in more rock than they
crushed -- and I'm not -- I realize you're not on trial right here, so I'm
just talking to the air. But if they could have done it much better,
then that's on them; then that's on them. Then they wasted that. But
to me seven months seems, like, ridiculous.
Do we have the option to go back to the Water Management
District? Because I -- did they -- did they -- are they the ones that
set that date?
MS. COOK: No, no.
COMMISSIONER LoCASTRO: Okay.
MS. COOK: So county staff set that date.
COMMISSIONER LoCASTRO: Okay.
MS. COOK: The Water Management District permit is
actually issued for five years.
COMMISSIONER LoCASTRO: Oh, I know, yeah.
MS. COOK: The county Site Development Plan renewal is
automatically two years. So we came up with a date that we felt the
work could be done, and we wouldn't have to come back and ask you
for an extension. We felt as though if we had a hard deadline date
with no extension -- the surrounding residents, yes, I realize it's long
time, but the surrounding residents would know that there's an end
date, not a "We think we're going to be done by March 1st, but, oh,
can we have two or three more weeks?" And then it just kept getting
prolonged. So that was why we came up with the date that we came
up with. In our conversations with Earth Tech, who is the contractor
doing the work, his goal is, obviously, to finish it much sooner than
that, but he felt like that was a date that he could guarantee he could
meet.
CHAIRMAN McDANIEL: Commissioner Taylor.
October 25, 2022
Page 153
COMMISSIONER TAYLOR: Yes. The $1,000 a day is being
fined for?
MS. COOK: The original ruling from the Special Magistrate
was to obtain all of their permits within 30 days from that August 5th
hearing date. That included the state and the county permits. So I
believe that Code Enforcement terminated the accrual of fines on the
date that we held the construction meeting.
But Mike Ossorio, our Code Enforcement director, is here, so he
could probably answer that a little better.
MR. OSSORIO: Good afternoon. For the record, Mike
Ossorio, director of Code Enforcement.
You are actually correct, the date is October 18th is the date it
was issued, the permit was issued, and the fines ceased to
accumulate. So we're at 45,200.
COMMISSIONER TAYLOR: So it will be incumbent upon
my colleagues, at least three plus two, whether you're going to waive
those when it comes before --
COMMISSIONER LoCASTRO: Oh, God no. You already
know my position on fines. That's taxpayer dollars that goes back to
the fund. So, I mean, I think they've already gotten a good deal, so...
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. We have
Mr. Hubschman here. I'd like to ask you a couple questions.
MR. HUBSCHMAN: Sure.
COMMISSIONER SAUNDERS: Because I've had some
conversations with Mr. Hubschman in the past. At one point you
had indicated that you could bring three companies in, three crushers
in, and probably get this done in 60 to 90 days. So I want to ask if
that's still feasible. I'd rather give you a shorter period of time, quite
frankly, with consideration of extending it if for good cause. So how
long will it take you to crush this?
October 25, 2022
Page 154
MR. HUBSCHMAN: At the preconstruction meeting, we
discussed that. And right now Earth Tech has one machine they're
going to be bringing in. Right now the activity that's going on out
there is called densifying. It's a backhoe with a little claw on it that
basically breaks up the bigger -- just breaks a big piece into a small
piece, and the steel falls out, okay. So that's what's going on this
week.
I was told by Chris of Earth Tech that they would have their
crusher in Monday or Tuesday next week, because they're going to
have enough material ahead of the crusher ready to go into the
crusher by that point in time.
He also stated -- after we left the meeting, he stated outside that
very likely in two to three weeks he was going to bring in a second
crusher, and that would speed things up. So, obviously, if it takes till
May 1st with one crusher, it's going to take less time with two
crushers.
And I can't tell you -- nobody can tell you how much material is
out there. It's unmeasurable because of the way it's just all over
the -- all over the property.
There's no way to say, okay, we've got 100,000 cubic yards, or
we've got 80,000 cubic yards. And if we do 800 yards or 1,000
yards a day or 2,000 yards a day, then we'll be done on this date.
That's almost impossible to calculate with any accuracy.
So we came up with May 1st. That's it. That's the deadline to
get it done. We're going to do everything we can. And it's not
going to cost me any more money for him to come in with another
crusher and do it with two crushers, because he gets paid by the cubic
yard.
So if he brings in another crusher in a few weeks or a month and
speeds up the process and we get done by April 1st, then that's
basically what will happen. There's just no way to -- no way to put
October 25, 2022
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an accurate date on the process. I wish there was.
All we can do is, you know, do the best we can and keep -- and
keep to the limitations that have been put on us and, you know,
follow the rules as they've been -- as they've been -- you know, as
they've been agreed to.
COMMISSIONER SAUNDERS: All right. So I guess in
terms of just suggesting a shorter time period, say, March 1st instead
of May 1st with the option --
MR. HUBSCHMAN: I mean, that's a possibility. If he brings
in two or three crushers, yes, that's a possibility, but --
COMMISSIONER SAUNDERS: It puts pressure on you.
MR. HUBSCHMAN: Hmm?
COMMISSIONER SAUNDERS: It puts pressure on you --
MR. HUBSCHMAN: Yeah.
COMMISSIONER SAUNDERS: -- which I don't mind doing.
MR. HUBSCHMAN: Well, the pressure's been on me for a
long time since November of last year, okay. We got stopped -- we
were stopped from crushing. Bobby Cadenhead was crushing. He
was told to stop because we lost our South Florida Water
Management permit. So he said to stop; we had to stop.
Another thing that did stop, which I really want you to
understand, is that Bobby was here in front of you about a year and a
half ago, and he agreed -- he was telling you -- told you that material
was being brought in. And you asked him, well, when are you going
to -- when are you going to stop bringing material in, and he gave
you a date. And I don't know what that date was, because I wasn't at
this meeting -- at that meeting. And on that date, I made certain that
he did not bring another truckload of material onto that property. It
has not happened since I believe it's either September or October of
last year.
COMMISSIONER LoCASTRO: I think the issue is, though,
October 25, 2022
Page 156
that just more material was being brought in faster than it was being
crushed.
COMMISSIONER SAUNDERS: Yeah, let me --
MR. HUBSCHMAN: It was last year. A year and a half year
ago, it was being brought in faster than it could be crushed. Because
Bobby only had one crusher, and he was doing it himself, so...
COMMISSIONER SAUNDERS: Mr. Chairman, I had not
finished.
CHAIRMAN McDANIEL: I understand.
COMMISSIONER LoCASTRO: I apologize.
MR. HUBSCHMAN: I'm sorry.
COMMISSIONER SAUNDERS: It's okay.
I'm going to suggest -- and this is a question for Commissioner
LoCastro to consider and for you to consider. I'm going to suggest
that we give you a March 1st deadline, the material gone by
March 1st. That's four months instead of six. At the end of that
time period, if for good cause you can show something happened that
made it impossible to meet that date, that we can consider extending
it. But I want to keep the pressure on, and I agree with
Commissioner Lo --
CHAIRMAN McDANIEL: LoCastro.
COMMISSIONER SAUNDERS: Sorry about that.
COMMISSIONER LoCASTRO: Rick.
COMMISSIONER SAUNDERS: The guy who's second from
the end over there, that we need to keep the pressure on. And I think
saying six months kind of sends the wrong message. So I would
suggest, Commissioner LoCastro, it's your district, but I'd give him a
shorter time period and with consideration to extend it without some
penalty, without penalty, if -- for good cause.
MR. HUBSCHMAN: Without Chris from Earth Tech standing
right here to say, yeah, that's a possibility, I couldn't tell you yes or
October 25, 2022
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no.
COMMISSIONER SAUNDERS: Understood.
MR. HUBSCHMAN: That's -- I can't give you an answer
whether it can be done in that time period. According to what we
heard at the meeting, at the preconstruction meeting, he said
February 17th was definitely no way. So we're not talking -- from
February 17th to the -- to April 1st, is that what you're --
COMMISSIONER SAUNDERS: I said March 1st, but I was
just --
MR. HUBSCHMAN: March 1st.
COMMISSIONER SAUNDERS: -- throwing out --
MR. HUBSCHMAN: January, February, March, so you're
talking only 30 days more. I could probably say it can't be done, you
know.
COMMISSIONER SAUNDERS: Well, I'll leave that up to
Commissioner LoCastro, but that's -- I'd like to see it --
MR. HUBSCHMAN: I'd like to get it done -- I'd like to get it
done that fast. And if they can bring in three crushers, I'd love it, if
they could get it all done, because it's really, you know, stymieing my
ability to deal with the property and, you know, get it in a position
where it can be developed, you know.
CHAIRMAN McDANIEL: So do you have a comment for him
or --
COMMISSIONER LoCASTRO: I do.
MR. HUBSCHMAN: I mean, my -- the pressure's already on
me, you know.
COMMISSIONER LoCASTRO: So I actually wrote down
February 1st, believe it or not, sitting right here. But here would be
my take, whether it's February or March. I think May is too much.
But if 100 percent of the uncrushed rock is sitting there now and
if by February -- I appreciate what you say. You say, I don't think
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we can get it done by February, but if by February or March -- you
know, we can debate up here -- 80 percent of the rock has been
crushed and you need another month for the other 20 percent, I can
tell you, I'm going to be up here saying, you know what? You don't
get the other month. Bring in a few trucks and take the 20 percent
out and be done with it. You're done.
I don't want to sit up here and negotiate the crushing of the last
20 percent. I mean, I think that train's already left the station. So I
realize removing all the uncrushed rock now is ridiculous because
there's so much of it. But I say we set a hard date, whether it's
February or March -- I think everybody would agree up here
May 23rd is -- or May 2023 is -- seven months is excessive.
But I would say, you crush as much as you can by a date much
sooner than that, and whatever's uncrushed, I can tell you, I'm not
voting for an extension. I might lose that, but what I'm going to say
is, bring in the trucks and the extra 10 or 20 percent that's left, take it
out, you know. You had your time to crush it.
And that's -- that's going to be my position, in February or
March. Like I said, it might be a losing position. But I think that's
how we're going to say we're -- done is done, and then the pressure
would be on you, because it costs money to remove that rock rather
than crush it on site. So I'd be really judicious about getting it
crushed by the early date, whenever that might be.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I don't support removing material from that site, even if it's the
last 20 percent. It just doesn't make any -- to me, it doesn't make any
economic or environmental or policy sense because you're just
putting those trucks on the road to haul stuff out to some other
location to be crushed and then hauled again to some third location.
MR. HUBSCHMAN: Or hauled to the landfill.
October 25, 2022
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COMMISSIONER SAUNDERS: Yeah, or to the landfill.
So I'm just trying to -- I was just trying to find a way to put a
little pressure on you. But if that's going to result in having to
remove 10 percent or 20 percent, then I'll stick with the May 1st date.
I mean, I just don't see any logic in --
MR. HUBSCHMAN: I would like -- I would like the chance to
show you how well we can perform. You know, give us -- give us a
few months, and let's see. First of all, let's see -- let Earth
Tech -- let's see them crush, keep it wet, keep the dust down, keep the
noise down, and give me a -- give me just a month or two. We've
got Christmas coming up. We've got New Year's coming up, so
we're not going to work for a couple weeks there. Give me two
months to show you what we can do, and I'm sure you'll see that the
pressure's on me to get it done, and I'm getting -- and I'm going to get
it done. There's not going to be any delays because of my -- because
of me, okay. I just want you to know that.
CHAIRMAN McDANIEL: I have a statement, if I can make it.
I'm certainly in concert with shortening the time frame. I think
March 1st is a reasonable time frame. I think it's -- I'm not pointing
at you. I don't like it when people point at me. Commissioner Solis
pointed that out to me a long time ago.
It's math. It's height, width, breadth. Gary can go through
there and tell you what his production is on his crusher and how
much he can, in fact, crush on a daily basis based on the time frame
that he's got. It's really simply math.
There are differences in heights of some of those piles, and some
of the different types of debris that's in the piles is going to have an
impact, but it's just math. It's as simple as that.
So I think, with a shortening of the time frame -- and, again, his
cost per unit goes up when he adds another crusher, but he's
also -- his production goes up at the same time. So the increase in
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cost is offset by the capacity to do the -- to do the crushing at the
same time.
So before we go to a final decision, Commissioner LoCastro's lit
up. And I do -- staff is lining up over here to talk to us, so they're
over there waving at me.
COMMISSIONER LoCASTRO: So here's the two comments I
would make. It is just math, but you get an F in math, okay. We've
been screwing around with this thing for two years or more.
So to say now that everybody became geniuses on crushing
rock, I realize it doesn't fix the problem now, but it, obviously, must
be a little bit more complicated than just math, because we haven't
been able to figure out math.
Secondly, to Commissioner Saunders' comment -- and I don't
mean this in any kind of disrespectful way. He's right, the extra
trucks going back and forth, you know, you might say, oh, I think
that's just excessive, and then bringing it to the landfill. Well, if this
room was filled with citizens that actually -- that live around that
lot -- and nobody in this room, I believe, does -- you would care
about more crushing on that. And I know that because I've had town
hall meetings with those people, and nobody else in here has recently.
And so I'm here representing the citizens who actually do care
about all the things that we are -- I'm not saying dismissing, but
maybe it's not as important to us or we're sitting here sort of weighing
the options and, you know, is it really financially smart to pick -- to
load up the trucks and bring them to -- no, it's not. It's not.
But to at least, in good consciousness, represent the citizens
there that feel like enough is enough, sometimes you've got to do
really stupid things because the folks that were responsible for this lot
over the last two years didn't do a whole bunch of the math correctly
and didn't do a whole bunch of right things.
So if it means loading up trucks, spending extra money and
October 25, 2022
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going to a landfill and that makes little sense, well, a whole bunch on
that lot has not made much sense.
Having said that, let me ask this. I appreciate what you say
about show me what you can do in two months. So one of the things
I say is, you know, just spit-balling proposals here, rather than give
you until March, why don't we see what you can do in two months,
and then at, I guess, maybe our last meeting in December, we see
where we are, how much has been removed, and we take smaller
bites out of this apple. I mean, if you've done miraculous things by
mid December -- and I'm not saying it's 80 percent gone. But if we
say, wow, I think you did about four months' worth of work, you got
the second crusher and whatnot, then maybe we're able to sit here and
give you another 30 days and see what you can do.
And I don't think that's nickel and diming. I think that's being
more judicious rather than just giving you, you know, more than half
a year and then never talking about it again. So, I mean, I throw that
out there as maybe a secondary option is that we take this in smaller
chunks, and we realize -- and, like you said, two months it's not done,
but we could do the math --
MR. HUBSCHMAN: We can estimate.
COMMISSIONER LoCASTRO: -- and say, wow, in 60 days
you've crushed 50, 60 percent of the rock. How much more do you
think you can do in 45 more days? And then we are really -- we're
challenging each other to have minimum time and not put a bunch of
fluff in there.
MR. HUBSCHMAN: It also gives us a better idea of how
fast --
COMMISSIONER LoCASTRO: We can do it.
MR. HUBSCHMAN: -- we can get it done, and that's all I'm
asking is give us -- give us the -- you know, give us the chance to
show -- show you what we can do.
October 25, 2022
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COMMISSIONER LoCASTRO: So when's our last meeting in
December? It's December what?
CHAIRMAN McDANIEL: Eighth.
COMMISSIONER LoCASTRO: Eighth.
CHAIRMAN McDANIEL: I think it is.
MR. HUBSCHMAN: Maybe January --
COMMISSIONER LoCASTRO: I mean, maybe getting a
report card on December 8th and --
CHAIRMAN McDANIEL: I don't know --
COMMISSIONER LoCASTRO: What are your thoughts?
CHAIRMAN McDANIEL: December 13th.
COMMISSIONER LoCASTRO: Thirteenth. I mean, what are
my colleagues' thoughts on --
CHAIRMAN McDANIEL: Let's go to the staff here who's
been waving at us.
COMMISSIONER LoCASTRO: You have more to say?
MR. FRENCH: I haven't spoken yet, sir.
MR. HUBSCHMAN: Let them go.
MR. FRENCH: So, Commissioner, understand we were -- first
we want to thank the Board for good direction, the County Attorney's
Office for their support throughout this process.
Mr. Hubschman has been -- it was a little rocky start, but we're
here today. One of the things that we took into deep consideration
was the hours of operation. Your LDC currently allows for
construction hours of operations to exist between 6:30 a.m. and 7:00
p.m. Monday through Saturday. We shortened that out of the being
sensitive to the neighborhood. That extended the time period.
So, typically, they would be able to work Monday through
Saturday from 6:30 to 7:00. We shortened that. And we
understand -- and we could configure this a number of different ways.
But we shortened the hours of operation to recognize community
October 25, 2022
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need as well as the water on the crusher all the time to keep the dust
down.
If you want this done in a shorter period of time, perhaps -- and I
don't know that the Board's appetite is, but perhaps you may want to
consider allowing them to be able to work, perhaps, maybe that 8:00
to 5:00 on Saturday as well. That they may make this be able to go
away faster. Just an idea. But staff just wants to let you know that
your LDC does support 6:30 to 7:00 those six days per week.
COMMISSIONER LoCASTRO: Is somebody lit up?
CHAIRMAN McDANIEL: Hmm?
COMMISSIONER LoCASTRO: Is somebody lit up?
CHAIRMAN McDANIEL: No.
COMMISSIONER LoCASTRO: No? I mean -- I mean, I
don't know if we're making proposals and voting here, or we're
just -- you know, I mean, is this subject to a vote or --
CHAIRMAN McDANIEL: Oh, yes.
COMMISSIONER LoCASTRO: Okay. I still like my last
idea, which is keep the parameters that you have here. We come
back here in mid December for our last meeting. We take a
measurement of how much they've actually been able to accomplish,
which helps us do the math a little bit better.
Wow, they got a second crusher, you know, two weeks from
today, or whenever that is; they got it sooner than later. We, you
know, figure out the math a lot better.
And then, you know, we go into the Christmas holiday giving
you, you know, a smarter amount of time rather than just a big
guesstimate. But I would say keep those hours 8:00 to 5:00 and see
how much they can accomplish. I mean, if in mid December -- and
I'm just -- I'm not making a proposal here. Just sort of talking out
loud and seeing if this resonates with my colleagues at all.
But I think then in mid December we can sit here and say, wow,
October 25, 2022
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if we -- is it smart to play with the hours, or the hours of 8:00 to 5:00,
they weren't great, but they worked better, I think we would have
more information at our fingertips to be able to give you a realistic
guidance and benchmarks and goals that you could realistically meet.
We would know more information.
But I think before we extend hours, extend into Saturdays and
anything like that, before we broaden the aperture, I like what you
actually proposed, but I would like to come back here in mid
December and take a measurement on the math and see how much
they were able to accomplish and see if we need to go on either side
or keep things the way they are and we think, you know, in another
month or six weeks they could have it possibly finished. I mean, I'm
not setting that as a deadline. I'm just saying that, you know, to be
hopeful.
MR. HUBSCHMAN: Also, I might point out if we can -- we're
not -- December's kind of a -- you know, you've got Christmas,
you've got New Year's. Going to the 8th of December is not going
to give us the whole -- not going to give us two months, because
we're already at the end of October here.
CHAIRMAN McDANIEL: What it is is a time-certain.
MR. HUBSCHMAN: Yeah.
CHAIRMAN McDANIEL: It's time-certain. It's
December 13th, by the way, not the 8th.
MR. HUBSCHMAN: Oh, okay.
CHAIRMAN McDANIEL: It is the 13th.
MR. HUBSCHMAN: And also you might consider, you know,
when we get the crushing -- crusher started and -- you'll see that the
noise level of the crusher is not going to be -- if it's not going to be a
problem for the neighbors. The dust I know is not going to be a
problem, because we have to spray water. We have to keep the dust
down. DEP requires it. So the dust --
October 25, 2022
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COMMISSIONER LoCASTRO: In the past it hasn't happened.
MR. HUBSCHMAN: In the past -- no.
COMMISSIONER LoCASTRO: That's why I like meeting in
December to see if you did all those things correctly.
MR. HUBSCHMAN: In the past, it was the trucks rolling in
and kicking up all the dust and the noise of those trucks
slamming -- the tailgates of the slamming, slamming. That resonates
for, what, a mile or two?
COMMISSIONER LoCASTRO: I understand. I understand.
MR. HUBSCHMAN: And we're about 2,000 feet away from
the residents, I believe, or so. And when you just have a crusher
that's running, it's like a humming noise. It's not a -- it's not a -- it's
not going to be that loud crashing noise of tailgates and trucks
kicking up all that dust, because those trucks are not regulated by
DEP kicking up dust. It's the crusher that's regulated, because when
it crushes concrete, the silica in the concrete goes into the air and can
travel, and so silicosis is a disease you can get from inhaling too
much silica.
COMMISSIONER LoCASTRO: But it is true, sir, that
when -- and, you know, I appreciate everything with the trucks. But
when rock was being crushed in the past, there were more than a
couple of times where no water was witnessed, the silt fence fell
down.
So the maintenance of that area wasn't done to the proper
specifications. I know you're promising that now, and that's
great -- and that's why I would like to get a report card on
December -- is it 18th, 13th?
MR. HUBSCHMAN: Thirteenth.
COMMISSIONER LoCASTRO: To get a report card, and
understanding that you wouldn't be 70 percent into it. It would be a
small thing. But as you said, to use your own words, it would allow
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us for you to show us what actually could be done. And as the
commissioner of that district, I would like to know between now and
December 18th [sic], our residents who are watching you like a
hawk, seeing the water done properly, seeing that area maintained
better than it has ever been, seeing the dust, you know, be down,
seeing -- not hearing trucks because, you know, they're no longer
coming through and that it is maintained properly. And if it isn't,
then on December 18th, we can take, you know --
CHAIRMAN McDANIEL: Thirteenth.
COMMISSIONER LoCASTRO: -- 13th we can take
aggressive action, and maybe in a negative way, or we could sit here
and say, wow, nobody loves it, but they hate it a lot less.
And then my second point would be, are you prepared to pay
these fines in full? Because I'm certainly not making a motion to
lower these fines at all. I think $40,000 is a drop in the bucket for all
the things that have happened on that lot that weren't proper that isn't
a made-up number. Those are fines for real things that had been
violated.
CHAIRMAN McDANIEL: It's not our purview right now.
COMMISSIONER LoCASTRO: So -- I'm sorry?
CHAIRMAN McDANIEL: That's not our purview right now.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN McDANIEL: That's got to be handled by the
Magistrate.
COMMISSIONER LoCASTRO: I'm just curious if that's going
to be fought. So, I mean, I've got the top guy here, so --
MR. HUBSCHMAN: Well, we have a date with the Magistrate
to talk about the fines on the 4th. He assessed the fines, and we're
going to be talking to him about the fines and about the matter on the
4th, and then from that point we'll, you know, see --
COMMISSIONER LoCASTRO: Okay. Fair enough.
October 25, 2022
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MR. HUBSCHMAN: -- see what he says.
COMMISSIONER LoCASTRO: Well, my -- I don't know if
we're looking for a motion, but my motion would be that we
reconvene back here in our mid December meeting, get a report card
from you, have our county staff, as they've been doing here recently,
really monitoring and watching, also getting feedback from the
citizens that -- like I said, I think the best that we're going to hear is
they maybe hate it a lot less, which is at least an improvement. And
then we would have a better idea of the math going forward into the
new year, how much time would really need to be done by working
the algorithm and seeing what -- you know, you were able to
accomplish.
And I realize it's a relatively short time, but I think it would give
us a good yardstick going into our Christmas break as we turn the
corner on 2023. So that would be my proposal.
CHAIRMAN McDANIEL: And basically, just to put words in
your mouth, it is the proposition that's here in front of us today with a
checkmark on December 13th for us to make some decisions as to
how long we're, in fact, going to go forward with it? All the
stipulations that staff has already put into this --
COMMISSIONER LoCASTRO: And keep their same 8:00 to
5:00, just Monday through Friday. I wouldn't --
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: We're not changing anything that's
being proposed here today. We're going to leave the time frames the
same, so ons and so forth, and then have a revisit on December 13th.
MR. KLATZKOW: So you want the right to shorten that date
in December, or extend that date. Because right now it's a
date-certain that you're approving.
CHAIRMAN McDANIEL: The current thing has a
date-certain of May the 1st.
October 25, 2022
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MR. KLATZKOW: Yes.
CHAIRMAN McDANIEL: And then if we bring it back on
December 13th, we have the right to shorten it at that time.
MR. KLATZKOW: I'm just making it clear to everybody here.
CHAIRMAN McDANIEL: Okay. I think that's understood.
That's the discussion. We're all sitting -- we are all sitting up here
talking about --
MR. HUBSCHMAN: We get two crushers going and we're
really rolling and Chris says, hey, you know, I think I'm going to be
done by April 1st or I'm going to be done by March 30 -- 30th or
March 20th or whatever, if he can put a good estimate on it, I'll have
him here at the meeting on the 13th, and he'll give you his best -- best
estimate as to what he's done and what he sees he needs to get done.
He'll be able to give you a more accurate --
COMMISSIONER LoCASTRO: And the report card will also
be the quality of how you've maintained the dust, the silt fence, the
weeds, and those things. I mean, that is part of the report card as
well.
MR. HUBSCHMAN: Yeah.
COMMISSIONER LoCASTRO: So I realize, like you said, we
won't be hearing trucks anymore because the last truck has left, but
there's still sort of those other aesthetic intangibles that also make a
big difference and can buy you more time if needed if all the things
that were easily controllable were actually done, and in the past they
always hadn't been.
MR. HUBSCHMAN: Right.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I was just -- I won't be here on
December 13th. But just a thought, that there could be a way of
incentivizing Mr. Hubschman to finish early. There's penalties. If
you finish early, maybe it's not so much. But it just seems to me that
October 25, 2022
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we've been here before, and an end date -- a drop-dead date, it just
seems the thing to do. But I've just -- because finishing early would
be better, and maybe there's a way of incentivizing him. Instead of
encouraging or -- there would be a financial incentivize for doing that
that might make it --
CHAIRMAN McDANIEL: Well, that's something we can
certainly -- that's a nice idea. That's something we can certainly
have staff come back to us with some ideas based upon cooperation,
production, complaints, noise, so ons and so forth, and he will -- and
you will have met with our Magistrate as well and know specifically
what those penalties are.
So it's been moved and seconded -- I seconded it -- that we
proceed as printed here with a revisit on -- added to -- the revisit will
be on December 13th as another hearing item.
MS. COOK: Yes, we can certainly accommodate that.
COMMISSIONER LoCASTRO: Can I ask you a quick
question? You mentioned in your overview getting a weekly report.
Is that something I can get as the commissioner for that district?
MS. COOK: Sure.
COMMISSIONER LoCASTRO: I mean, I don't know if it
needs to be shared with all the commissioners, but I certainly would
like to see it every seven days.
MS. COOK: Absolutely. When it's sent to me, I will make
sure it's delivered to all of you if you'd all like to see it.
COMMISSIONER LoCASTRO: And if it's not sent to you --
MS. COOK: Then I will make sure I get it.
COMMISSIONER LoCASTRO: Okay. Impress us, sir.
MR. HUBSCHMAN: I will.
CHAIRMAN McDANIEL: Thank you.
MR. HUBSCHMAN: And I appreciate your taking your time.
CHAIRMAN McDANIEL: Two good ideas today.
October 25, 2022
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MR. HUBSCHMAN: Okay.
CHAIRMAN McDANIEL: It's been moved and seconded.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: Court reporter break?
CHAIRMAN McDANIEL: Oh, yeah. We're way past that. I
actually thought about it, and then Commissioner LoCastro
interrupted me, so.
So we'll go with 3:05, we'll be back.
(A brief recess was had from 2:55 p.m. to 3:05 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: Before we go forward, where did
Commissioner Solis go? Go ahead and we'll go forward, and then
I'll bring up what I want to talk about when he -- when he gets back
here.
Item #10A
RECOMMENDATION TO APPROVE A FIFTH AMENDMENT
TO THE LONG-TERM LEASE AND OPERATING AGREEMENT
FOR THE GOLF AND ENTERTAINMENT COMPLEX (THE
“LEASE”) WITH CC BSG NAPLES, LLC (“BIGSHOTS”) TO
October 25, 2022
Page 171
EXTEND THE FINANCING CONTINGENCY PERIOD TO APRIL
30, 2023, TO ALLOW FOR ADDITIONAL FINANCING TO BE
SECURED - MOTION TO APPROVE BY COMMISSIONER
SAUNDERS; SECONDED BY COMMISSIONER TAYLOR
APPROVED
MS. PATTERSON: Okay. That brings us to our add-on
Item 10A, recommendation to approve a fifth amendment to the
long-term lease and operating agreement for the golf and
entertainment complex with CCBSG Naples, LLC, to extend the
financing contingency period to April 30th, 2023, to allow for
additional financing to be secured. This is being added to the agenda
at Commissioner Saunders' request.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
There's no financial issues associated with this. It simply gives
BigShots an additional period of time to acquire some additional
financing because, obviously, we know that prices have gone up
dramatically. There's been some delays in the project. Some of it
has, quite frankly, been the fault of the county; some of it's been the
fault of BigShots.
Regardless of all of that, the project's been delayed, and this just
simply gives them more time to get the financing.
My understanding is that they're about ready to apply for a
building permit. So things have moved along very nicely but, still,
we're behind schedule, and they just need this amendment to extend
the term of the financing.
So I'll make that motion.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we extend the financing period out to April 30th.
COMMISSIONER SAUNDERS: Correct.
October 25, 2022
Page 172
CHAIRMAN McDANIEL: Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #9B – Continued Discussion
RESOLUTION 2022-176: TRANSMITTAL THE PROPOSED
LARGE-SCALE AMENDMENT TO THE GROWTH
MANAGEMENT PLAN FOR THE COLLIER
BOULEVARD/INTERSTATE 75 INNOVATION ZONE
OVERLAY - RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AN AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND MAP
SERIES TO ADD THE COLLIER BOULEVARD/INTERSTATE 75
INNOVATION ZONE OVERLAY TO ATTRACT AND RETAIN
QUALIFIED TARGET INDUSTRY BUSINESSES; TO CORRECT
A SCRIVENER'S ERROR IN THE ACTIVITY CENTER #9
INSET MAP; AND FURTHERMORE RECOMMENDING
TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY. THE
October 25, 2022
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SUBJECT PROPERTY IS LOCATED AT THE INTERSECTIONS
OF COLLIER BOULEVARD AND INTERSTATE 75, AND
COLLIER BOULEVARD AND DAVIS BOULEVARD, 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 (PL20190000821) - MOTION TO REMOVE
THE 9-ACRE PARCEL BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER SAUNDERS – ADOPTED;
MOTION TO RECONSIDER BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER SAUNDERS – APPROVED
(COMMISSIONER LOCASTRO OPPOSED) MOTION TO
TRANSMIT W/OMISSION OF THE 9-ACRE PARCEL BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED (COMMISSIONER
MCDANIEL AND COMMISSIONER TAYLOR OPPOSED)
COMMISSIONER SAUNDERS: Now, I voted on the PUD
amendment, Commissioner LoCastro --
COMMISSIONER LoCASTRO: Yes.
CHAIRMAN McDANIEL: -- on the pulling out -- that parcel
out of the --
COMMISSIONER LoCASTRO: Yes.
CHAIRMAN McDANIEL: -- Innovation Zone. I would like
for us to maybe -- maybe hear from staff and give consideration
to -- as opposed to a removal of that parcel from the Innovation Zone
today, I would like for us to give consideration to continuing that to
our November meeting and having all parties availed -- the owner of
the piece of property -- we made a decision today that I don't like to
do. We made a decision based upon one group of people who aren't
vested owners in that piece of property. And you even chided me a
October 25, 2022
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little bit about making my comment afterwards about be careful what
you wish for. We're removing that parcel from the TIF.
COMMISSIONER SAUNDERS: Yeah. I think the proper
thing for us to do would be for you to make a motion to reconsider.
If that motion -- because we've already passed it. And we can
reconsider it at that meeting.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: But you have to make a
motion to reconsider -- and correct me if I'm wrong
Mr. Klatzkow -- and then if that's approved, then you can make your
motion to do anything you want to with that item if we're
reconsidering it.
MR. KLATZKOW: That's correct.
CHAIRMAN McDANIEL: Then I'll make a motion for
reconsideration of that item.
COMMISSIONER SAUNDERS: As a courtesy to my fellow
commissioner, though I don't agree with changing anything, I'll
second that just to hear your discussion.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that we give reconsideration to that agenda item.
COMMISSIONER LoCASTRO: I mean, I don't agree. I think
we have all the information that we need, but -- so I wouldn't support
a reconsideration. I think, you know, if you had that great idea, you
need to think of it before you vote, you know, with all due respect.
But I don't think I need to hear anymore, so I support exactly how we
voted.
CHAIRMAN McDANIEL: Well, there was a --
COMMISSIONER SAUNDERS: Mr. Chairman.
CHAIRMAN McDANIEL: You're entitled to -- it's been
moved and seconded. I'm not going to debate it with him.
It's been moved and seconded that we reconsider the item. Any
October 25, 2022
Page 175
other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound?
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: 4-1, we'll reconsider it, and it will
be another agenda item.
COMMISSIONER SAUNDERS: No, no, no. You're
considering it right now.
CHAIRMAN McDANIEL: This minute?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: I thought we had to set another
agenda item. Forgive me.
MR. KLATZKOW: You can do it right now if you want.
CHAIRMAN McDANIEL: Let's do it right now.
I listened to the rationale for the request to remove it out of the
Innovation Zone, and then after speaking with staff, I realized that we
made a decision -- as I said, we made a decision without all parties
involved in the decision -- this piece of property has been included in
the Innovation Zone since the Innovation Zone's inception.
MR. FRENCH: 2018, sir.
CHAIRMAN McDANIEL: Correct. There are property
owners that do, in fact, own that piece of property that weren't here.
We made a decision based upon the community there at Forest Glen's
recommendations to remove it out.
There are potential negative impacts to that removal to that piece
of property, to Forest Glen, to the people that live in that area just by
October 25, 2022
Page 176
the elimination of the TIF. They're not participatory in the TIF that's
included in the Innovation Zone.
MR. KLATZKOW: I'm not sure that's true. What we're doing
here is a Comp Plan amendment. We're not changing the Innovation
Zone. I would say that they were still part of the Innovation Zone,
but you're not changing their underlying property rights.
CHAIRMAN McDANIEL: I would contend that it does take it
out of the Innovation Zone. Their property rights are zoned -- and
that was one of my arguments. They're C-3 now.
MR. KLATZKOW: But your Innovation Zone was set by a
different ordinance, which we are not amending right now. You're
simply doing a Growth Plan amendment here for the whole thing.
But for this portion of your -- for this portion of it, you simply would
not do that. They would still be part of the overall TIF.
MR. FRENCH: Commissioners, Jeff is right but, your action
today, what we would do is we would bring back an updated map and
updates to the LDC amendment that would not bring that nine acres
within. It would remove that nine acres from the Innovation Zone,
and that's based off my conversation earlier -- he's already left -- but
your Zoning director, Mike Bosi.
CHAIRMAN McDANIEL: That's what we did today is we
removed that nine acres from the Innovation Zone.
MR. KLATZKOW: No. What you did was vote on
transmittal of a Growth Plan amendment.
CHAIRMAN McDANIEL: Without that piece of property in
that transmittal.
MR. KLATZKOW: Correct, sir, but you did not amend the
map for the Innovation Zone.
COMMISSIONER TAYLOR: That sounds like you're talking
about two -- the same thing two different ways.
MR. KLATZKOW: Yes.
October 25, 2022
Page 177
CHAIRMAN McDANIEL: Correct.
MR. KLATZKOW: You have your Innovation Zone. That's
been that way for quite some time.
COMMISSIONER TAYLOR: It is what it is.
MR. KLATZKOW: It is what it is. This was an application to
amend the Growth Management Plan with respect to the entirety of
it; however, on the motion that was made, you excluded the nine
acres. They are still part of the Innovation Zone. They just won't
have those additional rights.
COMMISSIONER LoCASTRO: It didn't change the map.
MR. KLATZKOW: Yes, it did not change the map.
Now, what Jamie's saying is that staff's understood to come back
and then change the map --
MR. FRENCH: It would be updating the map, that's correct.
MR. KLATZKOW: But you would -- that's up to the Board.
You can -- you can keep this nine acres within the Innovation Zone
and not change the underlying zone.
COMMISSIONER LoCASTRO: They're just excluded from
the --
MR. KLATZKOW: Yes.
COMMISSIONER TAYLOR: And so they would -- they
would benefit from the TIF?
MR. KLATZKOW: Yes.
COMMISSIONER TAYLOR: And they would have to pay the
TIF into the pot of the Innovation Zone; is that correct?
MR. KLATZKOW: Yes.
COMMISSIONER TAYLOR: Okay. So nothing changes
except what they can put on that, which means no industrial but C-3?
MR. KLATZKOW: Okay.
CHAIRMAN McDANIEL: Without a conditional-use request.
COMMISSIONER SAUNDERS: Which is before the staff
October 25, 2022
Page 178
right now in their application.
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: Right, which they have a
conditional-use request in right now.
COMMISSIONER SAUNDERS: I don't intend to vote to
change what we did.
CHAIRMAN McDANIEL: Yeah. Okay.
COMMISSIONER TAYLOR: Yeah. I can respect your
concern that the owner of the property's not here, but I don't think it
does very much at all. He still benefits from TIF. That would
be -- that was my concern.
CHAIRMAN McDANIEL: Well -- and this is just a -- you
know, from the property owner's standpoint, would the property
owner not benefit if we implemented the Innovation Zone in that
overlay, and he wouldn't have to pursue his use? If his proposed use
and agreement with the property owners and the MOU, he wouldn't
have to pursue that; it would just be allowed?
MR. FRENCH: Currently, what's been submitted is, I believe,
flex space, and I don't know what the intended use is. It was an
industrial class use. Again, we're just getting through the review
now.
CHAIRMAN McDANIEL: Right.
MR. FRENCH: So that could change. But our understanding
was that we would be bringing back an updated map to remove that
area from the original Innovation Zone. And if that's not what the
Board wants to do, then, of course, we won't do that, but it would
require updated LDC amendments and an updated map.
CHAIRMAN McDANIEL: Well, how do you feel
about -- and, again, my thought process is just continuing this to our
next meeting in November when all parties are here. The folks from
Forest Glen can certainly come back and speak if they wish, as well
October 25, 2022
Page 179
as the property owners, and we can ultimately weigh the positives
and negatives to the request.
COMMISSIONER TAYLOR: So you would continue the
reconsideration? That's what you would consider -- that's what we're
involved in right now, right, the reconsideration of it? So now we're
reconsidering it. So that's what you're going to re -- that's what
you're going to continue?
CHAIRMAN McDANIEL: I'm not continuing the
reconsideration. The reconsideration was bringing back the item
with regard to the P -- or with the Innovation Zone and the inclusion
of that property in it or not, and that's what I'm thinking -- that's what
I'm asking for reconsideration of for a continuance to our next
meeting.
Commissioner Solis.
COMMISSIONER SOLIS: What kind of communication has
been had with the owner? I mean, I know they're in for a PUD
amendment that would basically do the same thing, right? It would
give them the same uses that they would get if this amendment to the
GMP applied to them, or am I getting this confused?
MR. FRENCH: So, essentially, with this transmittal, until it
gets to adoption, it was just transmittal, and then that's what the
Planning Commission had said that --
COMMISSIONER SOLIS: Right.
MR. FRENCH: -- put those stipulations on adoption and not on
submittal. We could address that during the adoption in the LDC
phase.
COMMISSIONER SOLIS: Well, let me just ask it this way.
So the owner of the property, I mean, how much knowledge
does -- or notice does he have that we were going to change what was
being transmitted? I mean, I -- there's a little bit of an issue. I
mean, I hate to say.
October 25, 2022
Page 180
COMMISSIONER SAUNDERS: I would have thought that he
would be under notice that there was an application in front of us
today that would affect his property. Everybody in that zone is on
notice that we're hearing this, that we've heard this.
CHAIRMAN McDANIEL: But he wouldn't -- and I would
venture a guess he wasn't noticed that there was somebody else other
than him soliciting his property being removed from the transmittal
hearing, and his property was removed without his -- without input
from him.
COMMISSIONER SOLIS: Those objections have been -- I
mean, I guess, were they aware of those objections? I guess we have
no way of knowing that.
MR. FRENCH: So we have only spoken with their counsel,
Mr. Yovanovich, this morning, and he was aware of the item, but he
wasn't here.
COMMISSIONER SOLIS: Okay.
MR. FRENCH: That's the -- again, that was our conversation
as far as the property owner's representative, because he's involved
with the PUD.
COMMISSIONER SOLIS: So somebody knew -- somebody
was advised that this objection had been raised?
MR. FRENCH: They were all noticed --
COMMISSIONER SOLIS: Okay.
MR. FRENCH: -- of this, sir.
COMMISSIONER TAYLOR: They were noticed of what, sir?
MR. FRENCH: They were noticed of this item today.
COMMISSIONER TAYLOR: But not of the objection.
CHAIRMAN McDANIEL: Correct. They were noticed of the
submission for the transmittal.
MR. FRENCH: And as Mr. Bosi indicated -- I was not
privileged to that information. But as Mr. Bosi indicated is that
October 25, 2022
Page 181
there was objections at the Planning Commission from the same
participants that provided testimony today --
COMMISSIONER SOLIS: Okay.
MR. FRENCH: -- however, post that Planning Commission
meeting, there had been conversations between their counsel, the
gentleman I think on the phone --
COMMISSIONER SOLIS: Okay.
MR. FRENCH: -- as well as Mr. Yovanovich.
COMMISSIONER SOLIS: Okay.
COMMISSIONER TAYLOR: What was the vote on the
Planning Commission?
MR. FRENCH: The vote was exactly what staff presented,
ma'am, is that this would be addressed at adoption and through the
LDC amendment process.
COMMISSIONER TAYLOR: So it was unanimous.
MR. FRENCH: Yeah, that it would go forward for -- but,
again, there was objections raised by the Commission -- I'm
sorry -- by the community.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: It was a -- the vote on our
executive summary was 6-0 on the Planning Commission to --
COMMISSIONER TAYLOR: Excuse me. I'm speaking out
of turn.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Okay. This is a question for
the County Attorney. We voted to reconsider this. We've now
reconsidered it. I would like to -- I'm not sure what the process
would be, but I don't want to make a change to what we did. Do we
need another motion, or do we just simply --
MR. KLATZKOW: I would make a motion as to what you
guys want to do.
October 25, 2022
Page 182
COMMISSIONER SAUNDERS: Well, then the motion that I
would make is that we simply --
MR. KLATZKOW: Transmit.
COMMISSIONER SAUNDERS: -- transmit the way we
originally decided with that parcel --
MR. KLATZKOW: So you will transmit with the exception of
the nine acres.
COMMISSIONER SAUNDERS: Correct.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: Commissioner Taylor?
COMMISSIONER TAYLOR: And I can respect this, but to
me, it suddenly occurred to me, you know, we're in a state of
emergency, for gosh sakes. This is a hurricane, and things slip
through the cracks, and I think the owner should be here. So I'm
going to not support that. Thank you.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Since this is just transmittal, when
it comes back for adoption, we could do the reverse if we wanted?
MR. FRENCH: You could add the nine acres back in, I heard
from Jeff.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And, remember, all I'm looking
for -- again, all I'm looking for is to continue the item for two weeks.
That's my solution to the process. So all -- so we're sure, I'm sure
that all -- because I can't support the motion. Again, I was -- I was
sitting here, and I got caught up in a moment, but I don't like making
decisions when the property owner isn't standing -- or their counsel
isn't standing here in the room.
COMMISSIONER SOLIS: Mr. Chair, though, I think -- the
reason I asked that question was, it's the -- the reverse works the
same way, that they will have an opportunity to be here for adoption,
October 25, 2022
Page 183
and we're going to -- somebody's going to talk about this whole thing
again.
CHAIRMAN McDANIEL: Well, I don't think -- in all
sincerity, I don't think, logistically, we can add the piece back in after
it's been transmitted and approved by the DOE [sic].
COMMISSIONER SOLIS: Can we?
CHAIRMAN McDANIEL: Can we add in another piece?
MR. KLATZKOW: Based on this conversation, you can. It's
clear that you're sending it to transmittal with the thought process you
might, at a subsequent date, put it back in.
COMMISSIONER SOLIS: Yeah. In Alabama we call it a
do-over.
COMMISSIONER TAYLOR: Wait, you just lost to
Tennessee. Don't even talk about that.
MR. FRENCH: I did consult with Mr. Bosi. He said it can be
added back in.
COMMISSIONER LoCASTRO: I think we stand by our
original vote, and then if we -- in two weeks there's new information,
then we have the option to reverse our initial decision.
MR. KLATZKOW: But you've already transmitted. Staff's
going to come out here and transmit it to the state.
CHAIRMAN McDANIEL: When it comes back to us, it will
be an adoption hearing. This is -- this is -- that's the thought process
of continuing it to our next meeting. So I'm not going to support the
motion to do what we already did, so...
It's been moved and seconded that we transmit without that
piece -- without that piece of property included. Is that a correct
restatement of the motion?
COMMISSIONER SAUNDERS: Yes, sir.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN McDANIEL: It's been moved and seconded.
October 25, 2022
Page 184
All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: 3-2, it passes.
COMMISSIONER SAUNDERS: I can only say that, in the
interest of the shortness of human life, I'm glad that we're not going
to hear this again in two weeks.
CHAIRMAN McDANIEL: Yeah. We won't respond to that
statement.
COMMISSIONER LoCASTRO: Good thing this isn't a court
case. We send somebody to the gas chamber and then we thought
maybe we shouldn't, and then -- no, we did. Yeah, we are. Keep
walking.
CHAIRMAN McDANIEL: Well, you know, new information
comes --
COMMISSIONER LoCASTRO: True.
CHAIRMAN McDANIEL: -- all the time.
COMMISSIONER LoCASTRO: True.
COMMISSIONER TAYLOR: You know, we hear so much
about property rights and --
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: -- and the government
overreach and all those things. This is a classic case of this.
COMMISSIONER LoCASTRO: I disagree. What's next?
CHAIRMAN McDANIEL: We --
COMMISSIONER SOLIS: We transmit things all the time and
then -- knowing that it's going to come back and we're going to make
October 25, 2022
Page 185
changes to it.
CHAIRMAN McDANIEL: And it gets adjusted at the adoption
hearing, which I don't care for that. There again, my
pretense -- we've already said it. We don't need to reiterate it.
Item #11A
AWARD INVITATION TO BID (“ITB”) NO. 22-7982, “105TH
AVENUE NORTH AND 106TH AVENUE NORTH PUBLIC
UTILITIES RENEWAL” TO DOUGLAS N. HIGGINS INC., IN
THE AMOUNT OF $16,806,410.00, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENT AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT -
MOTION TO APPROVED BY COMMISSIONER SOLIS;
SECONDED BY COMMISSIONER MCDANIEL – APPROVED
Item #11B
A $1,146,154.00 PURCHASE ORDER TO STANTEC
CONSULTING SERVICES, INC., UNDER PROFESSIONAL
SERVICES AGREEMENT NUMBER 14-6345, FOR
CONSTRUCTION, ENGINEERING, AND INSPECTION
SERVICES FOR THE PUBLIC UTILITY RENEWAL PROJECT
FOR 105TH AND 106TH AVENUES NORTH (PROJECT
NUMBERS #60139 AND #70120) - MOTION TO APPROVED BY
COMMISSIONER SOLIS; SECONDED BY COMMISSIONER
MCDANIEL – APPROVED
MS. PATTERSON: That brings us to Item 11A, which was
continued from the September 27th, 2022, BCC meeting. This is a
recommendation to award Invitation to Bid No. 22-7982, 105th
October 25, 2022
Page 186
Avenue North and 106th Avenue North public utilities renewal to
Douglas N. Higgins, Inc., in the amount of $16,806,410, and
authorize the Chairman to sign the attached agreement and authorize
the necessary budget amendments. This is a companion item to 11B.
And Mr. Matt McLean will -- your director of Engineering and
Project Management from Public Utilities, will present or answer
questions.
COMMISSIONER SOLIS: In the interest of the shortness of
human life, as Mr. Saunders would say, I would move to approve
both 11A and 11B --
COMMISSIONER TAYLOR: Second.
COMMISSIONER SOLIS: -- and ask that it take -- start as
soon as possible.
CHAIRMAN McDANIEL: Agree. This is all part of the big
plan. It's been moved and seconded that we approve 11A and B,
unless you have something else you want to say.
MS. PATTERSON: Two public speakers, sir.
COMMISSIONER SOLIS: Two public speakers.
MR. MILLER: Sorry, sir. Douglas N. Higgins will be
followed by Matthew Deluca.
MR. HIGGINS: So I'm from Douglas Higgins, and Matt
Deluca. I'm Daniel Higgins. This will take -- real quick. Thank
you for allowing me to speak. Matt Deluca is from Higgins also,
and I think we're all set. I mean, I was just going to say there's not
other people here to say things. Some things got resolved, which is
all good, and --
COMMISSIONER TAYLOR: You're not going to talk us out
of it, right?
MR. HIGGINS: No. And we've worked for Collier County
since 1989, and we look forward to doing another good project. We
appreciate the staff and the engineers. Thank you.
October 25, 2022
Page 187
CHAIRMAN McDANIEL: And forgive me. He did notice
that you were on the speakers list, and I neglected to see it, so it's my
bad.
MR. HIGGINS: Okay. No worries. Thank you.
COMMISSIONER SOLIS: Thanks.
CHAIRMAN McDANIEL: And the other public speaker
is -- Deluca is?
MR. MILLER: Not present.
CHAIRMAN McDANIEL: Not present. Okay.
All right. It's been moved and seconded we approve 11A and
B. 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 #11C
AN INTERFUND TRANSFER FOR PAYMENT FROM SPORTS
COMPLEX CAPITAL FUND (370) TO WASTEWATER USER
FEE CAPITAL FUND (414) IN THE AMOUNT OF $2,234,948
TOWARDS ACQUISITION OF 122.41 ACRES OF LAND NOW
OCCUPIED BY THE COLLIER COUNTY SPORTS COMPLEX -
MOTION TO APPROVE BY COMMISSIONER TAYLOR;
SECONDED BY COMMISSIONER SOLIS – APPROVED
October 25, 2022
Page 188
MS. PATTERSON: Item 11C was continued from the
September 27th, 2022, BCC meeting. This is a recommendation to
approve an interfund transfer for payment from Sports Complex
Capital Fund 370 to Wastewater User Fee Capital Fund 414 in the
amount of $2,234,948 towards acquisition of 122.41 acres of land
now occupied by the Collier County Sports Complex.
Mr. Ed Finn, your Interim Deputy County Manager, will present
or answer questions.
MR. FINN: Happy to answer any questions, if there are any.
Edward Finn, Deputy County Manager.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: I did have one question. In
my conversation with the Clerk yesterday, we were talking about the
fact that that biosolids facility will no longer be able to be placed
there. And so the question became, where is that going to go, or do
we know yet?
MR. FINN: At this point in time, the Collier County
Water/Sewer District does not anticipate proceeding with that project.
It's not currently on their work plan.
COMMISSIONER SAUNDERS: Okay, great. Thank you.
MR. FINN: You're very welcome.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
the item be approved as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
October 25, 2022
Page 189
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. FINN: Thank you.
Item #11D
FIRST AMENDMENT TO AGREEMENT NO. 05-3865
“DESIGN AND PERMITTING OF COLLIER BOULEVARD”
WITH CH2M HILL, INC., FOR THE FINAL DESIGN AND
PERMITTING TO PROJECT #68056” IN THE LUMP SUM
AMOUNT OF $1,989,852 AND AUTHORIZE ANY NECESSARY
BUDGET AMENDMENTS - MOTION TO APPROVE BY
COMMISSIONER TAYLOR; SECONDED BY COMMISSIONER
LOCASTRO – APPROVED
MS. PATTERSON: Item 11D is a recommendation to approve
first amendment to Agreement No. 05-3865, design and permitting of
Collier Boulevard with CH2MHill, Inc., for the final design and
permitting to Project 68056 in the lump sum amount of $1,989,852,
and authorize any necessary budget amendments.
Mr. Jay Ahmad, your director of Transportation Engineering,
will present or answer questions.
MR. AHMAD: Good afternoon. Jay Ahmad, for the record.
I'd be happy to answer any questions, or I have a presentation. I can
go through it.
COMMISSIONER LoCASTRO: I just had a quick question. I
don't need a presentation.
October 25, 2022
Page 190
CHAIRMAN McDANIEL: Go ahead.
COMMISSIONER LoCASTRO: Jay, so this isn't amending
the contract because, once again, they sort of underbid and now all of
a sudden this is catch-up. My understanding, from talking to the
County Manager yesterday -- but I just want it confirmed -- is they
designed it to the 60 percent -- we were always expecting this
additional fee/cost, correct?
MR. AHMAD: We're expecting the option of proceeding with
this from 60 to 100 or go to a design-build process.
COMMISSIONER LoCASTRO: Right.
MR. AHMAD: So we chose to go through and finish the plans
and then construct the project.
COMMISSIONER LoCASTRO: Okay. Hence the reason for
the additional funds to take us to that extra 40 percent?
MR. AHMAD: That's correct.
COMMISSIONER LoCASTRO: Right. Okay.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
October 25, 2022
Page 191
Item #11G
THE SECOND AMENDMENT TO AGREEMENT NO. 18-7281R,
“TOURISM FULFILLMENT AND CALL CENTER SERVICES”
TO FANEUIL, INC. TO REFLECT AN INCREASE IN CALL
CENTER STAFFING EXPENDITURES AND MAKE A FINDING
THAT THIS EXPENDITURE PROMOTES TOURISM - MOTION
TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED
BY COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: That brings us to Item 11G, formerly
16F5. This is a recommendation to approve the second amendment
to Agreement No. 18-7281R, Tourism Fulfillment and Call Center
Services, to Faneuil -- hopefully I said that right -- Inc., to reflect an
increase in call center staffing expenditures and make a finding that
this expenditure promotes tourism. Mr. Paul Beirnes, your Tourism
director, will answer questions.
CHAIRMAN McDANIEL: Commissioner Saunders, you're
the one that brought it up, and I concurred.
COMMISSIONER SAUNDERS: Yes. I was just kind of
curious, because there seemed to be very, very few calls, and I guess
the question is, is it worth the expense?
MR. BEIRNES: Yeah, that's a really good question. And just
to give you an insight of what Faneuil does, it's kind of a two-part
stool.
First is the call center. Not only does it field any calls that
come in but also -- and I'll call it an insurance need. As, for
instance, when we just went through -- well, let's go back, red tide,
COVID, and definitely last month when it came to being able to
trigger and deploy them to call all of our hotels every single day to
find out the occupancy, availability, it ended up being just an
October 25, 2022
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absolute essential part of what we did through that. It's also part of
our continuity of operations plan so that we can trigger those when it
happens.
And the other part of the stool that is part of Faneuil, no pun
intended, is actually they do a pass-through fulfillment of visitor
guides as well. But what we're really looking at is the call center
itself. When the increase came in, we actually embraced an RFP
agreement with them in 2018, and they have kept that rate solid all
the way through.
We are in the second year of an option to renew. And as we all
know, labor costs have increased significantly over the last five years,
and they came and they said, for us to be able to do this this last year,
this would be the impact.
We are going to be going out for an RFP as early as January to
see what the market rates are, but this was a little fortuitous because
we were talking about this in August. Thank goodness we did have
Faneuil ready to trigger for that insurance call around.
CHAIRMAN McDANIEL: When did the -- when does the
expiration come about with this increase?
MR. BEIRNES: If I recall right, it was October 1st, and so
what we did is we actually got an extension. They agreed to honor a
continuation of their agreement as we go through this process.
CHAIRMAN McDANIEL: My understanding was that
there -- that the amount of the calls, there really wasn't a lot. So
there is secondary uses that we have operationally --
MR. BEIRNES: Yeah.
CHAIRMAN McDANIEL: -- that justify this?
MR. BEIRNES: Yeah. So the -- the core, if you will, the call
center, is having someone there 24/7 to be able to answer any
questions that might happen. I mean, in the big scheme of things,
people have moved to the web. There is a little bit of a desire to
October 25, 2022
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possibly consider in the future the depth of that need, because people
do tap that. We do have a slightly aged-up audience that likes to
reach out and have that one-on-one conversation.
And you take a look at the last couple years when it came to red
tide, there was a lot of language on our website, but they wanted to
understand a little better what was happening.
COVID, another example, wanted to understand the operations.
And, certainly, this is a season that we just went through that I'm just
really grateful that we were able to do that, because we were able to
get some market intelligence that our staff would never have been
able to gather. I do call it an insurance. It's why we have it on our
car. It's why we have it on our call center to be able to trigger that.
And they are still doing that call-around every single day. And
I just calculated the numbers. And just in the last 30 days, they have
surpassed 250 hours of committed on-time reaching out to hotels and
finding rates and blocks as we fulfill first responders' task forces for
sheriffs and so on.
CHAIRMAN McDANIEL: Okay. So there is -- there is a lot
more going on than just the 130-some-odd calls and so on and so
forth?
MR. BEIRNES: Correct.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll move for
approval.
CHAIRMAN McDANIEL: I'll second it.
It's been moved and seconded that we approve this item as
presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
October 25, 2022
Page 194
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Thank you, Paul.
MR. BEIRNES: Thank you.
Item #15A
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THIS MEETING
MS. PATTERSON: Item 15A is public comments on general
topics not on the current or future agenda by individuals not already
heard during previous comments in this meeting.
MR. MILLER: I have no additional registered public comment,
sir.
CHAIRMAN McDANIEL: Okay.
Item #15B
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
MS. PATTERSON: 15B, staff and commission general
communications.
Two from us. First is we're continuing to work with the Chair,
the City of Naples, and the Sheriffs on the limited curfew. The
Sheriff has another week worth of supplemental help to help with the
October 25, 2022
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areas that were most impacted and continue to struggle with securing
their homes and debris issues and some other things. So working
that curfew this week and will revisit it on Friday. It's working well
by all accounts. The city is pleased as well with the help that the
Sheriff is lending them in the city.
CHAIRMAN McDANIEL: And how about you folks? Are
you hearing anybody -- any pushback on the curfew or the validity or
anything along those lines? Are we doing okay with it? Because
I've been relying upon the Sheriff's Department to be sharing with us
what we need to be doing and making those recommendations, but I
have gotten no pushback whatsoever.
COMMISSIONER SAUNDERS: Same here.
COMMISSIONER SOLIS: I think the only thing I've heard is
there was -- was it the Brookside community, was wanting it
extended to include them.
CHAIRMAN McDANIEL: Well, it does.
COMMISSIONER SOLIS: Was that -- I think we made that
change?
COMMISSIONER TAYLOR: Well, they wanted it at 10:00,
not at 12:00, but they're in the county so that doesn't work. The City
of Naples is 10:00 to 6:00. I think they've extended now to
midnight.
MS. PATTERSON: They're still -- City of Naples is still
10:00 p.m. to 6:00 a.m., and the county is 12:00 a.m. to 6:00 a.m., but
it's only west and south of 41, which leaves Brookside out.
COMMISSIONER SOLIS: Right. It leaves Brookside out.
MS. PATTERSON: So if there is a question about Brookside,
we can definitely circle back. If you have a point of contact, we can
talk to the Sheriff about that as well.
COMMISSIONER SOLIS: I'll have Angela forward that,
because I've gotten a couple of those, that they were wanting to have
October 25, 2022
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the curfew that doesn't actually apply to them.
MS. PATTERSON: I hadn't heard that, but we can definitely
look into it and speak with the Sheriff about getting some --
(Simultaneous crosstalk.)
COMMISSIONER TAYLOR: I thought it applied to them.
CHAIRMAN McDANIEL: I did, too.
MS. PATTERSON: No, it does not apply to them.
COMMISSIONER TAYLOR: It should be all the damaged
areas.
CHAIRMAN McDANIEL: Maybe we just need to adjust the
boundaries of the curfew area, and that won't negatively impact the
businesses that are outside of that. But if we did maybe west of -- let
the Sheriff figure that out.
MS. PATTERSON: Yeah. We can figure that out. We
worked on the same thing with the City of Naples because they have
residential areas that are over off of Goodlette that are not west or
south of 41 but still were heavily impacted, so that's how we got that
residential boundary, and maybe we can do the same for the county
for that residential -- those residential areas off of Airport, perhaps, as
well that were heavily impacted.
COMMISSIONER TAYLOR: Absolutely.
CHAIRMAN McDANIEL: Yeah. Because we want to extend
it -- the goal is to help the folks that were impacted and make sure
that they have as palatable of life as possible.
MS. PATTERSON: Understood. Second --
CHAIRMAN McDANIEL: Thank you for that. I was under
the assumption that it was -- that it included them, so...
MS. PATTERSON: And I will tell you that the Sheriff
continues to assure us that they are having a -- they are mindful of
commercial and people trying to get to and from work and things like
that. But this is a balance of protecting the residential areas from,
October 25, 2022
Page 197
you know, some of those things that are plaguing people, and it is
off-putting to have people, you know, in your trash. When it's a
regular time and people salvage is one thing, but I think that, you
know, people don't know -- they're understandably upset with
everything that's happened.
Second is the local state of emergency is extended until this
coming Sunday. Would ask if -- with the Board's permission, I'll
continue to work with the Chair to get that extended. Dan Summers
and I usually touch base around Thursday to see what missions he has
and where he may need that local state of emergency extended.
I would anticipate in light of the housing and some of these
other things, that we'll be extending it for at least another week.
COMMISSIONER TAYLOR: Good. I think that's a good --
CHAIRMAN McDANIEL: Just continue it. I mean, there
again, we're -- that's not a decision by me. It's a decision by three.
And we're doing what we need to do to best offer the services to our
community, so...
COMMISSIONER TAYLOR: Yep.
MS. PATTERSON: That's all we have. Thank you.
CHAIRMAN McDANIEL: Okay. County Attorney?
MR. KLATZKOW: I have nothing, sir. Thank you.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Other than to say to Commissioner
Taylor that, you know, I have a really big Alabama flag, and we may
see Tennessee again in Atlanta, so...
COMMISSIONER TAYLOR: We won't be sitting up here,
though.
COMMISSIONER SOLIS: That's true.
COMMISSIONER TAYLOR: I'll look for it draped over my
car somewhere.
COMMISSIONER SOLIS: I would, again, like to thank staff
October 25, 2022
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for everything that's been done in terms of the recovery. It's -- I
think it's going incredibly well. Coordinating the debris removal
along Vanderbilt's gone really, really well. People are -- you know,
while it's a difficult thing to go through, they are very appreciative, I
think, of the efforts that staff has taken to, you know, do this as
quickly and as safely as possible. So thanks.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I've got a couple
things. One thing I'll just say about debris removal and to throw
some more accolades to the staff, I think we're doing a really good
job not only prioritizing but also spreading the wealth a little bit.
There are some communities that weren't hammered, but there were
big piles of debris on some main roadways that are heavily traveled;
and just removing those, and even though the side streets still have
debris and they weren't a priority, it's not side streets full of
appliances; it's mostly vegetation and whatnot.
I'm noticing District 1, even areas that are sort of in the medium
priority area, at least the main roads are starting to be cleared, which
sends a positive signal to folks. And it's also a safety issue, too.
Some of that stuff's starting to sort of narrow a few of the roads. So
I notice that we've caught that.
To Mr. French, we spoke yesterday about the Marco Island
Executive Airport, the permitting office and how we rushed to get
that open because -- and I don't have a question for you, Jamie, but I
was going to give you just some feedback. But it's for everybody to
understand. We opened up a satellite office there quickly because
people were sort of screaming for it. And then I asked how the foot
traffic was going there, and it's like, hey, it's kind of minimal.
So I reached out yesterday after we spoke to the senior
leadership in Goodland and Isles of Capri, who I expected to storm
that office. And what they said is, please don't prematurely change
October 25, 2022
Page 199
the hours or close it, that a lot of people don't feel like they're ready
yet to go to the permitting office. They don't have all their ducks in
a row because everything was so heavily damaged that they're still
sort of in the mid phases.
So we'll keep an eye on that. I assured them we wouldn't
artificially, you know, close it just because we didn't see a few people
for a couple of days.
I did hear two things from some citizens at the podium. You
know, sometimes we hear things that are sort of a little bit off, but
then sometimes we do get good feedback. The gentleman that was
homeless, you know, he mentioned that St. Matthews House used to
get either reduced or free CAT passes or something. And just,
maybe as an item -- and maybe that's something I just follow up with
Michelle Arnold on.
But if that's true and we have done that and maybe we changed
our policy or -- I'm not being directive in saying we should or
shouldn't do anything, but he certainly made it sound like, from his
perspective, something had changed that hampered people that are
struggling, you know, and are using our mass transit and taking, you
know, benefit from it to find jobs and whatnot were somehow
hampered, so maybe we could get that information out to all of us in
a one-way communication and separate rumor from fact.
And then I think it was Ashley Jenkins came to the podium, and
she talked really eloquently about how much she cared about the
water and then suggested that we might not have enough signage to
just -- I won't say, like, warn the public, because I know that's sort of
a fine line. We want to educate people as to be careful of debris but
also, too, we're testing the water. And if it's questionable that the
water possibly isn't -- in a certain area isn't as -- at the levels that it
should be, you know, we want to make sure we're completely
transparent to citizens. So she seemed to suggest that we could do a
October 25, 2022
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better job. And I definitely think that she probably is out on the
beach more than all of us combined, so it might be a good feedback.
So I don't know, I just mention that to either see if we think we're
doing as good of a job or we have as much cohesion with the signage
as we could have.
MS. PATTERSON: Yep. We've reached out to -- Dan's
reached out to the Health Department.
COMMISSIONER LoCASTRO: Okay.
MS. PATTERSON: They are actually the ones that are in
charge of that signage. While we're responsible and have been
sending the messaging out about debris in the water, be careful
because there could be things buried, they actually are the ones that
are responsible for that public health piece of it.
COMMISSIONER LoCASTRO: Quality of the water.
MS. PATTERSON: So, yeah, we'll work with them to make
sure that we have signage where it needs to be.
COMMISSIONER LoCASTRO: I think it's just important that
we're cohesive, you know, that one beach isn't totally covered and
they missed an area. So that's all I have. Thank you very much.
MS. PATTERSON: No problem.
CHAIRMAN McDANIEL: It's important to remember, too,
that the Health Department's the one in charge of doing the testing.
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN McDANIEL: And if we don't think the
testing -- or it's represented that the testing is inadequate, then we
have to -- we need to solidify that information as well and not be
posting fear signs up --
COMMISSIONER LoCASTRO: Stuff everywhere.
CHAIRMAN McDANIEL: -- for circumstances that aren't
necessarily prevalent.
COMMISSIONER LoCASTRO: Absolutely.
October 25, 2022
Page 201
CHAIRMAN McDANIEL: So the Health Department -- I read
the Health -- I've been getting the Health Department reports on the
water quality at the beaches, and it went from not good at all to not
good, to good. And so --
COMMISSIONER LoCASTRO: Yeah.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN McDANIEL: So, having said that,
Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you. First of all, I really
want to thank Michelle Arnold and her group and Dan Rodriguez for
your work on Sunday, but it was much more than Sunday where
400-and-some-odd people received benefits from the Tzu Chi
Foundation. It was a long week where you put together things that
we didn't think could happen. It was done at the Botanical Garden.
Volunteers from pickleball came and from Freedom Waters.
And I can tell you that by the demeanor of the folks that showed
up -- and some of them were transported, some of them drove -- there
was just gratitude, and it was wonderful. So thank you, because it
never would have happened without you. And thank you for the
Botanical Garden for hosting this.
Also, if I could get a map of the areas that have been affected,
that would be very helpful. I need that for a lot of purposes. But I
need to see the hard-hit areas all over, you know, I mean,
Commissioner Solis', all the areas and outline them in red going east,
because I think folks that I've talked to, some of them have a
misunderstanding of the areas. They think some areas have been hit,
and they don't even think about the ones. And I think if this storm
taught us anything it's if you're on water, you got some damage,
period.
So that's it. And thank you very much. And I'm going to have
to leave now, so forgive me.
October 25, 2022
Page 202
CHAIRMAN McDANIEL: Don't forget to -- don't forget to
visit Arte Viva.
COMMISSIONER TAYLOR: Oh, Arte Viva. Well, now,
that's going to start -- that's going to start in November, that's right,
before. So that will start, I think, what, the 1st or 2nd. The
Botanical Garden is going to have the Day of the Dead celebration
into November now. They open November the 1st. So, yeah, see it.
It's going to be great. Thank you.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you. I'll also add
kudos to our staff. I've gotten a lot of correspondence from people
that have interacted with our staff over the last several weeks, and it's
all been very positive. I don't believe I've gotten any real negative
comments at all. Staff has been very helpful and courteous and
understanding, and that means a lot. So I just want to thank the
entire staff, and that leadership comes from the top, and so I want to
thank the Manager and the Deputy Manager for what they're doing.
MS. PATTERSON: Thank you.
CHAIRMAN McDANIEL: Absolutely. I have two items.
Number one, Commissioner Taylor just left, and I got a letter.
She's the appointed member of the county coalition for water quality.
It's a coalition of 16 counties around the state, east and west coast,
with regard to the discharges coming out of Lake O. And the
coalition's asking who is going to be her replacement.
COMMISSIONER SOLIS: I'll do it.
CHAIRMAN McDANIEL: And so having said that, I don't
know if there's -- I haven't read through all this. I've just looked at it.
And it says, since her term is coming up, I was wondering who the
next commissioner appointed to the coalition would be, so...
COMMISSIONER SAUNDERS: I don't have any problem
doing it, but I would suggest, if you're looking in this direction, if
October 25, 2022
Page 203
that's the pleasure of the Board, but we do have a new Board coming
on in just a few weeks, and it may be a decision that we should just
make all those appointments with --
CHAIRMAN McDANIEL: Do we have to have that right now
or -- I don't think we have to have it for her --
MS. PATTERSON: No.
CHAIRMAN McDANIEL: How about this: If this is a
meeting in between now and when the new Board's seated, I'll do it
just to make sure we're represented, and then -- or you can do it. I
don't care; it's --
MS. PATTERSON: The meetings are usually quarterly, and I
believe she just attended one. We typically have staff that attend.
CHAIRMAN McDANIEL: In the event there is a shortage, I'll
cover it until the new Board's seated, and then we'll go forth and
persevere.
The other question I wanted to ask and bring it up to see if you
folks had an initiative, I got a little pointed with Dan Summers today
about housing initiative, and I would like to know -- I mean, and then
Mr. Hubschman came in with a wonderful idea. And I would like to
know if we ought to have a hearing on it and actually have a
discussion and take a vote on doing some things in a proactive step
with regarding to the housing initiative.
We've all received a letter from our chairman of the AHAC, the
suggestion of allowing for the rental of -- legally renting guest homes
in the Estates. I certainly am not going to support east of 951
because we don't have the infrastructure for that, but I would give
consideration to the legal renting of guest homes in the urban area
west of 951, if it -- if it met with the approval of the community and
so on and so forth. Temporary -- temporary-use permit for travel
trailers to be parked on larger lots in the Estates, Mr. Hubschman's
discussion of that as a temporary housing for people that have been
October 25, 2022
Page 204
displaced. I thought that was a pretty good idea.
MS. PATTERSON: So if I may?
CHAIRMAN McDANIEL: Yes.
MS. PATTERSON: Perhaps we could bring back to you at the
next meeting those things that we might be able to do. The biggest
danger here, of course, as we continue to say, is that this is a federal
and state mission, and we have to be very careful that anything that
we do doesn't compromise people's ability to access those funds.
And we heard descriptions of things that happened after Irma where
folks were viewed as double dipping and had their benefits clawed
back.
So knowing that a housing mission is hopefully near, it would be
possible that there are other things that we could do in the meantime,
and we could ask Mr. French and Mr. Summers to look at those
things and then bring back those. And they can also list out those
things that we would be waiting for our state and federal partners on
so that we do not compromise people's ability to get that assistance, if
that would be okay with the Board.
CHAIRMAN McDANIEL: Yeah. Well, we're not going to
call a special meeting.
MS. PATTERSON: No.
CHAIRMAN McDANIEL: I just -- I'd like it to be at our
November meeting --
MS. PATTERSON: Understood.
CHAIRMAN McDANIEL: -- have an agenda item on that,
have us have a discussion of it up at that time.
COMMISSIONER SAUNDERS: Sure.
CHAIRMAN McDANIEL: Certainly, we all know the
hesitation that comes and the obligation that comes once we initiate
any kind of housing mission; you own it.
MS. PATTERSON: Yes.
October 25, 2022
Page 205
CHAIRMAN McDANIEL: We would own it.
MS. PATTERSON: Yep.
CHAIRMAN McDANIEL: And so there is certainly hesitation
there, but I, in the same token, don't to -- I don't want to leave our
community behind, because there are people that can't --
MS. PATTERSON: Agreed.
CHAIRMAN McDANIEL: -- aren't housed properly.
MS. PATTERSON: I think that Mr. Summers and Mr. French
will be able to draw a bright line between the things that are within
our power and don't compromise that mission, like we already have
the ability for folks to -- where they've been damaged, to have an RV
in their yard.
CHAIRMAN McDANIEL: I had -- and, again, this -- you
know, I had a fellow call me from one of the mobile home parks,
which I shall not mention, but there's 100 vacant lots --
MS. PATTERSON: Yep.
CHAIRMAN McDANIEL: -- in that mobile home park, and
then I have been having people call me that have FEMA-approved
trailers, some travel trailers and some mobile homes, that could be
brought here and begin the process. Do the worst first.
And so I'd like for us to take that initiative. I think -- there's no
argument that there are people that are displaced, and we can figure
out a way to maneuver through it --
MS. PATTERSON: Understood.
CHAIRMAN McDANIEL: -- in concert with the feds and
state.
MS. PATTERSON: Absolutely. We'll have Jamie and Dan
bring back an item on the next meeting, and we can talk about those
things, what's available.
CHAIRMAN McDANIEL: And with that, nothing else, we'll
be adjourned.
October 25, 2022
Page 206
*****
**** Commissioner Solis moved, seconded by Commissioner
LoCastro and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted****
Item #16A1
AWARD RPS NO. 22-7973, “INDEPENDENT DESIGN
PEER REVIEW SERVICES FOR TRANSPORTATION
ENGINEERING PROJECTS,” TO CARDNO, INC., FOR $218,843,
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT - FOR THE FOLLOWING THREE
PROJECTS: 16TH STREET NE BRIDGE; VANDERBILT BEACH
RD. EXT, PHASE 2; AND THE WILSON BLVD. WIDENING
PROJECT
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY
FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER FOR BEAR CREEK,
PL20220003893 - A FINAL INSPECTION BY STAFF FOUND
THE FACILITIES SATISFACTORY AND ACCEPTABLE ON
JULY 13, 2022
Item #16A3
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF THE POTABLE WATER
October 25, 2022
Page 207
FACILITIES FOR CAMBRIA, PL20220003649 - A FINAL
INSPECTION BY STAFF FOUND THE FACILITIES
SATISFACTORY AND ACCEPTABLE ON AUGUST 10, 2022
Item #16A4
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR COLLIER COUNTY LANDFILL – SCALE
HOUSE ENTRANCE UPDATES, PL20220005226 -
A FINAL INSPECTION BY STAFF FOUND THE FACILITIES
SATISFACTORY AND ACCEPTABLE ON AUGUST 20, 2022
Item #16A5
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITIES
FOR COUNTRYSIDE COMMONS, PL20220005705 - A FINAL
INSPECTION BY STAFF FOUND THE FACILITIES
SATISFACTORY AND ACCEPTABLE ON SEPTEMBER 20,
2022
Item #16A6
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ESPLANADE BY THE ISLANDS - PHASE 1D,
PL20200000516 AND AUTHORIZE THE COUNTY MANAGER,
OR DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND
IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - A
FINAL INSPECTION BY STAFF FOUND THE FACILITIES
SATISFACTORY AND ACCEPTABLE ON SEPTEMBER 8, 2022
October 25, 2022
Page 208
Item #16A7
FINAL ACCEPTANCE AND ACCEPT THE
CONVEYANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES FOR ESPLANADE BY THE ISLANDS -
PHASE 1E, PL20200000755 AND AUTHORIZE
THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT - A FINAL INSPECTION BY STAFF
FOUND THE FACILITIES SATISFACTORY AND
ACCEPTABLE ON SEPTEMBER 20, 2022
Item #16A8
RESOLUTION 2022-167: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES PHASE 3 BLOCKS
“K1”, “K2”, AND “H3”, APPLICATION NUMBER
PL20160003679; AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY IN THE AMOUNT OF $305,162.84
Item #16A9
APPROVE FOR RECORDING THE FINAL PLAT OF DEL
WEBB NAPLES PARCELS 307-310 (APPLICATION
NUMBER PL20210003291), APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND
October 25, 2022
Page 209
MAINTENANCE AGREEMENT, AND APPROVAL OF THE
PERFORMANCE SECURITY IN THE AMOUNT OF
$1,870,709.52 - WITHHOLD THE CERTIFICATE OF
OCCUPANCY UNTIL THE REQUIRED IMPROVEMENTS
RECEIVE PRELIMINARY ACCEPTANCE
Item #16A10
AWARD INVITATION TO BID (“ITB”) NO. 22-7978,
“LANDSCAPE MAINTENANCE RADIO ROAD MSTU
ROADWAY” TO SUPERIOR LANDSCAPING & LAWN
SERVICE, INC., TO BE FUNDED BY RADIO ROAD
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT
(MSTU) FUND 158 AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT
Item #16A11
A FIRST AMENDMENT TO THE LICENSE AGREEMENT
BETWEEN THE BAREFOOT BEACH CLUB CONDOMINIUM
OWNER’S ASSOCIATION, INC., AND COLLIER COUNTY TO
ALLOW FOR MANGROVE TRIMMING AND MONITORING
ON COUNTY-OWNED PROPERTY IN THE VICINITY OF LELY
BAREFOOT BEACH
Item #16A12
RESOLUTION 2022-168: A RESOLUTION OF THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
October 25, 2022
Page 210
APPROVING THE EXTENSION OF THE EARLY ENTRY
BONUS CREDIT FOR TRANSFER OF DEVELOPMENT RIGHTS
IN THE RURAL FRINGE MIXED USE DISTRICT UNTIL THE
PENDING GROWTH MANAGEMENT PLAN AMENDMENTS IN
PL2020002234 ARE ADOPTED AND BECOME EFFECTIVE
Item #16A13
DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND
BRING BACK FOR A PUBLIC HEARING AN ORDINANCE
AMENDING COLLIER COUNTY ORDINANCE NO. 2006-56,
THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE
TAXING UNIT (MSTU), TO AMEND THE GEOGRAPHICAL
BOUNDARIES OF THE MSTU TO REMOVE PROPERTIES
THAT HAVE BEEN SUBDIVIDED AND DEVELOPED INTO A
RESIDENTIAL COMMUNITY AND NO LONGER DERIVE
BENEFIT FROM THE MSTU
Item #16A14
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $184,500 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20200000738 FOR WORK ASSOCIATED WITH TREE FARM
Item #16C1
WORK ORDER TO QUALITY ENTERPRISES
USA, INC., IN THE AMOUNT OF $869,101.78 UNDER A
REQUEST FOR QUOTATIONS (“RFQ”) FOR THE “PUMP
STATION 109.05 - WASTEWATER PUMP STATION
October 25, 2022
Page 211
REPAIR AND RENOVATION” PROJECT, PURSUANT TO
AGREEMENT NO. 20-7800 - FOR RELIABLE AND
SUSTAINABLE WASTEWATER COLLECTION
Item #16C2
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 22-7952, “NORTH COUNTY WATER RECLAMATION
FACILITY – ELECTRICAL SERVICES NUMBER ONE
UPGRADE PROJECT,” TO JOHNSON ENGINEERING, INC., IN
THE AMOUNT OF $430,180, AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT, AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT - FOR THE
REPLACEMENT OF THE MAIN SWITCHBOARD
Item #16C3
THE THIRD AMENDMENT TO AGREEMENT #19-7565,
“ANNUAL LANDSCAPING MAINTENANCE/PUBLIC
UTILITIES FACILITIES” WITH CARIBBEAN LAWN &
GARDEN OF SW NAPLES FL., INC. ADDING TWO NEW
LANDSCAPING LOCATIONS, APPROVING A TEN PERCENT
LINE-ITEM INCREASE AND EXTENDING THE AGREEMENT
FOR ONE YEAR
Item #16C4
STAFF TO ADVERTISE FOR SALE COLLIER COUNTY
WATER SEWER DISTRICT-OWNED PROPERTY LOCATED AT
343 SAINT ANDREWS BOULEVARD, PURSUANT TO THE
PROVISIONS OUTLINED IN SECTION 125.35(1)(C), FLORIDA
October 25, 2022
Page 212
STATUTES, INCLUDING A MINIMUM BID OF $240,000 AND
TO BRING THE BIDS TO THE BOARD FOR FUTURE
CONSIDERATION. WASTEWATER USER FEE CAPITAL FUND
(414)
Item #16C5
AN AGREEMENT FOR SALE AND PURCHASE
WITH ISABEL GONZALEZ FOR A 1.14-ACRE PARCEL UNDER
THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM, AT A COST NOT TO EXCEED $50,750 - NEAR THE
PANTHER WALK PRESERVE WITHIN THE HORSEPEN
STRAND IN THE NORTHERN GOLDEN GATE ESTATES
Item #16C6
AN AGREEMENT FOR SALE AND PURCHASE WITH BARRY
L. GROSSMAN AS TRUSTEE OF THE BARRY L. GROSSMAN
REVOCABLE LIVING TRUST, DATED DECEMBER 19, 2000,
FOR A 2.73-ACRE PARCEL UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT
TO EXCEED $63,800 - NEAR THE PANTHER WALK
PRESERVE WITHIN THE HORSEPEN STRAND IN THE
NORTHERN GOLDEN GATE ESTATES
Item #16C7
RESOLUTION 2022-169: BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, APPROVE A RESOLUTION AUTHORIZING
October 25, 2022
Page 213
THE COLLIER COUNTY WATER AND SEWER DISTRICT'S
PARTICIPATION IN THE FLORIDA LOCAL GOVERNMENT
FINANCE COMMISSION'S COMMERCIAL PAPER LOAN
PROGRAM AND THE DEVELOPMENT OF A LOAN
AGREEMENT WITH RESPECT THERETO
Item #16D1
STAFF TO SUBMIT AN APPLICATION TO THE FLORIDA FISH
AND WILDLIFE CONSERVATION COMMISSION’S INVASIVE
PLANT MANAGEMENT SECTION TO BE ELIGIBLE TO
RECEIVE FUNDING ASSISTANCE SERVICES, WORTH
$100,000 IN FY 2023, FOR THE REMOVAL OF INVASIVE
EXOTIC VEGETATION WITHIN CONSERVATION COLLIER’S
DR. ROBERT H. GORE III AND RED MAPLE SWAMP
PRESERVES, AND TO AUTHORIZE STAFF TO ACCEPT SUCH
FUNDING ASSISTANCE SERVICES, IF AWARDED
Item #16D2
THE FY22-23 CONTRACT WITH THE STATE OF FLORIDA
DEPARTMENT OF HEALTH FOR THE OPERATION OF
THE COLLIER COUNTY HEALTH DEPARTMENT IN THE
AMOUNT OF $1,495,900 - EFFECTIVE OCTOBER 1, 2022,
THROUGH SEPTEMBER 30, 2023
Item #16D3 - Continued to the November 8, 2022, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO TERMINATE FOR CONVENIENCE
OF REVENUE GENERATING AGREEMENTS #20-7707R AND
October 25, 2022
Page 214
#21-7836, WITH SSG RECREATION INC., AS THE
CONCESSION SERVICE PROVIDER AT TIGERTAIL BEACH
AND BAREFOOT BEACH
Item #16D4
AWARD REQUEST FOR PROPOSAL (RFP) NO. 19-7657,
“PARKS ACTIVITY MANAGEMENT SOFTWARE SOLUTION”,
TO ACTIVE NETWORK LLC, AND TO AUTHORIZE THE
CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS
Item #16D5 - Continued to a Future BCC Meeting by Commissioner
Locastro (During Agenda Changes)
RECOMMENDATION TO APPROVE A COLLIER COUNTY
TOURIST DEVELOPMENT COUNCIL (TDC) CATEGORY “B”
PROMOTION FUNDS GRANT APPLICATION FOR THE U.S.
OPEN PICKLEBALL CHAMPIONSHIP FOR FISCAL YEAR 2023
IN THE TOTAL AMOUNT OF $670,000 WITHIN TDC CAPITAL
PROJECTS FUND (758); MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM; AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENTS - FOR COURT
RESURFACING, WINDSCREEN AND SITE STAGING &
PREPARATION PROJECTS RELATED TO THE U.S. OPEN
PICKLEBALL CHAMPIONSHIP
Item #16D6
PROMOTE ECONOMIC DEVELOPMENT IN LOCAL
AGRICULTURE VIA A $7,000 SPONSORSHIP OF THE
COLLIER COUNTY FARM BUREAU 2022 HOMETOWN
October 25, 2022
Page 215
RODEO ORGANIZED BY THE COLLIER COUNTY FARM
BUREAU - TO BE HELD ON NOVEMBER 11TH AND 12TH, 2022
AT THE COLLIER COUNTY FAIRGROUNDS
Item #16E1
AN AGREEMENT WITH MEDICAL CAREER ACADEMY TO
PROVIDE EMS DEPARTMENT SUPERVISED SKILL
TRAINING AND FIELD INTERNSHIP EXPERIENCE TO
STUDENTS ENROLLED IN EMERGENCY MEDICAL
SERVICES TECHNOLOGY PROGRAMS - LOCATED AT 7741
N. MILITARY TRAIL, SUITE 5, PALM BEACH GARDENS
Item #16E2
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL - FOR TREE PRUNING ON BLUEBILL
AVE, THE PURCHASE OF CHLORINE AND THE PURCHASE
OF BOOKMARKS
Item #16F1 - Moved to Item #16A14 Correcting Placement of Item
#16F1 (Per Agenda Change Sheet)
Item #16F2
RESOLUTION 2022-170A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS)
TO THE FY22-23 ADOPTED BUDGET
October 25, 2022
Page 216
Item #16F3
AN “AFTER-THE-FACT” REQUEST FOR PUBLIC ASSISTANCE
TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) FOR REIMBURSEMENT OF EXPENSES INCURRED
DURING HURRICANE IAN
Item #16F4
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES UP TO AND INCLUDING $25,000 AND MOVING
FUNDS IN AN AMOUNT UP TO AND INCLUDING $50,000
Item #16F5 - Moved to Item #11G by Commissioner Saunders
(During Agenda Changes)
Item #16F6
SPONSORSHIP AGREEMENT BETWEEN THE BETTER BODY
SHOP & USED CAR FACTORY, INC., AND PARA SFM, LLC,
WHICH INVOLVES THE SPONSOR’S PAYMENT OF THE
TOTAL SUM OF $116,000 IN CONNECTION WITH THE
PROVISION OF THOSE SERVICES AND SPONSORSHIP
ELEMENTS STATED IN THE ATTACHED SPONSORSHIP
AGREEMENT
Item #16G1
RESOLUTION 2022-171: BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY,
October 25, 2022
Page 217
ADOPTS THE ATTACHED RESOLUTION APPROVING THE
PROPOSED RATE SCHEDULES FOR THE EVERGLADES
AIRPARK, IMMOKALEE REGIONAL AIRPORT, AND MARCO
ISLAND EXECUTIVE AIRPORT FOR 2023
Item #16G2
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
COLLIER COUNTY AIRPORT AUTHORITY (THE
AUTHORITY”), APPROVE A FIRST AMENDMENT TO
COLLIER COUNTY AIRPORT AUTHORITY LEASEHOLD
AGREEMENT FOR HANGAR CONSTRUCTION AND AN
AMENDMENT TO CONSENT TO ENCUMBRANCE AND
AGREEMENT WITH LENDER, PERTAINING TO THE
AUTHORITY’S PREVIOUS AWARD OF A COLLIER COUNTY
AIRPORT AUTHORITY LEASEHOLD AGREEMENT FOR
HANGAR CONSTRUCTION WITH MARCO HANGARS,
LLC RELATED TO ITS CONSTRUCTION OF AIRCRAFT
HANGARS AT THE MARCO ISLAND EXECUTIVE AIRPORT
Item #16I
BCC MISCELLANEOUS CORRESPONDENCE FOR OCTOBER
25, 2022
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
October 25, 2022
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
1) Immokalee Water & Sewer District:
Meeting(s) Schedule; Agenda; Resolution adopting FY22/23 Prosed Budget
2) Immokalee Fire Control & Rescue District:
Resolutions; Impact Fee Budgets; Schedule of Board Meetings
District Map; Agent of Record
3) North Collier Fire Control & Rescue District:
North Collier Fire Control & Rescue District 5-Year Plan & Resolutions
B. OTHER:
1) Collier County Tax Collector:
Statement of Commissions
October 25, 2022
Page 218
Item #16J1
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 29, 2022, AND
OCTOBER 12, 2022, PURSUANT TO FLORIDA STATUTE
136.06
Item #16J2
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF OCTOBER
19, 2022
Item #16K1
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
NAPLES 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 #16K2
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
October 25, 2022
Page 219
$62,500 PLUS $20,037 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
104FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168
Item #17A
RESOLUTION 2022-172: A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL
USE TO ALLOW A COMMUNICATIONS TOWER WITHIN THE
ESTATES (E) ZONING DISTRICT WITH A WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4
(ST/W-4) PURSUANT TO SECTIONS 2.03.01.B.1.C.12 AND
5.05.09 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR A 2.7± ACRE PROPERTY LOCATED AT 1680
GOLDEN GATE BLVD EAST, ALSO DESCRIBED AS THE
EAST 180 FEET OF TRACT 20, GOLDEN GATE ESTATES,
UNIT NO. 51 SUBDIVISION, IN SECTION 2, TOWNSHIP
49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA
Item #17B
RESOLUTION 2022-173: A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA, FOR A
VARIANCE FROM SECTIONS 5.05.09.G.7.B AND 5.05.09.G.7.C
OF THE LAND DEVELOPMENT CODE TO REDUCE THE
MINIMUM SEPARATION DISTANCE OF A 140-FOOT-TALL
COMMUNICATION TOWER FROM 350 FEET TO 174 FEET
FOR THE NORTHERN RESIDENTIAL PROPERTY, FROM 350
FEET TO 66 FEET FOR THE EASTERN RESIDENTIAL
October 25, 2022
Page 220
PROPERTY, AND FROM 350 FEET TO 107 FEET FOR THE
WESTERN RESIDENTIAL PROPERTY, LOCATED AT 1680
GOLDEN GATE BOULEVARD EAST, ALSO DESCRIBED AS
THE EAST 180 FEET OF TRACT 20, GOLDEN GATE ESTATES,
UNIT NO. 51 SUBDIVISION, IN SECTION 2, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA
Item #17C
ORDINANCE 2022-39: AN ORDINANCE AMENDING
ORDINANCE NO. 2000-10, AS AMENDED BY ORDINANCE
NO. 2015-30, THE SAN MARINO RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD), TO CONSOLIDATE THE SAN
MARINO, WILLOW RUN, AND LIDO ISLES RPUDS AND THE
ADJACENT RURAL AGRICULTURAL DISTRICT (A) LAND
KNOWN AS CRACKLIN’ JACKS INTO ONE RESIDENTIAL
PLANNED UNIT DEVELOPMENT CONSISTING OF 1,321
RESIDENTIAL DWELLING UNITS ON 823.6± ACRES; BY
REVISING THE STATEMENT OF COMPLIANCE; BY
REVISING PROPERTY OWNERSHIP AND DESCRIPTION; BY
REVISING DEVELOPMENT STANDARDS, IN PARTICULAR
BY ESTABLISHING DEVELOPMENT PARCEL C AND
ADDING AND REVISING PERMITTED USES AND
DEVELOPMENT STANDARDS FOR PARCELS B AND C; BY
REVISING DEVELOPMENT COMMITMENTS; BY REVISING
DEVIATIONS; BY REVISING THE MASTER PLAN; BY
REVISING THE LEGAL DESCRIPTION, FOR PROPERTY
LOCATED NEAR 9300 MARINO CIRCLE, ON THE EAST SIDE
OF COLLIER BOULEVARD (C.R. 951) APPROXIMATELY 2
MILES NORTH OF THE INTERSECTION OF COLLIER
BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN
October 25, 2022
Page 221
SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA; BY REPEALING
ORDINANCE NO. 2014-35, WILLOW RUN RPUD, AND
ORDINANCE NO. 2015-35, LIDO ISLES RPUD; AND BY
PROVIDING AN EFFECTIVE DATE
Item #17D
ORDINANCE 2022-40: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION
OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE
RURAL AGRICULTURAL (A) ZONING DISTRICT AND
PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT
KNOWN AS WATERFORD ESTATES PUD TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) FOR THE PROJECT
TO BE KNOWN AS SANTA BARBARA - WHITAKER RPUD,
TO ALLOW CONSTRUCTION OF UP TO 216 MULTI-FAMILY
DWELLING UNITS WITH AN AFFORDABLE HOUSING
AGREEMENT ON PROPERTY LOCATED AT THE
NORTHEAST AND SOUTHEAST CORNERS OF THE
INTERSECTION OF SANTA BARBARA BOULEVARD AND
WHITAKER ROAD IN SECTIONS 9 AND 16, TOWNSHIP 50
SOUTH, RANGE 26 EAST, CONSISTING OF 21.57±
ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER
October 25, 2022
Page 222
91-31, THE WATERFORD ESTATES PLANNED UNIT
DEVELOPMENT; AND BY PROVIDING AN EFFECTIVE DATE
Item #17E
ORDINANCE 2022-41: AN ORDINANCE AMENDING
ORDINANCE 97-82, AS AMENDED, WHICH CREATED THE
BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT, TO EXPAND THE DISTRICT BOUNDARY TO
INCLUDE APPROXIMATELY 62 ACRES
Item #17F
RESOLUTION 2022-174: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE
FY22-23 ADOPTED BUDGET
Item #17G
RESOLUTION 2022-175: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE
FY22-23 ADOPTED BUDGET
Item #17H
THIS ITEM HAS BEEN CONTINUED TO THE NOVEMBER 8,
2022, BCC MEETING. RECOMMENDATION TO APPROVE AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY
October 25, 2022
Page 223
LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
THAT CHANGES THE DISTANCE OF THE MAILED WRITTEN
PUBLIC NOTICE REQUIREMENT FOR VARIANCE
APPLICATIONS FROM 1 MILE TO 1,000 FEET FOR ALL
ESTATES (E) ZONED PROPERTIES LOCATED IN THE RURAL
AND URBAN GOLDEN GATE ESTATES SUB-ELEMENTS OF
THE GOLDEN GATE AREA MASTER PLAN, BY PROVIDING
FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS
OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER TEN
APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SECTION 10.03.05 - REQUIRED
METHODS OF PROVIDING PUBLIC NOTICE; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE
*****
October 25, 2022
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:52 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DI S UNDER ITS CONTROL
( e)-
WILLIA L. McDANIEL, JR., CHAIRMAN
ATTEST .....
CRYSTAL K,,KINZEL, CLERK
st as to'Chairman
These minutes approved by the Board on D I 4-- .
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
Page 224