BCC Minutes 12/13/2022 RDecember 13, 2022
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida December 13, 2022
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following Board members present:
Chairman: William L. McDaniel, Jr.
Rick LoCastro
Burt L. Saunders
Chris Hall
ALSO PRESENT: Dan Kowal
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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December 13, 2022
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
Agenda
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
December 13, 2022
9:00 AM
Commissioner William L. McDaniel, Jr., District 5; – Chair – CRAB Co-Chair
Commissioner Rick LoCastro, District 1; – Vice Chair
Commissioner Chris Hall, District 2
Commissioner Burt Saunders, District 3
Commissioner Dan Kowal, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER BY OTHER
REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE
SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR
PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS.
SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS
EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A
CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL
OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE
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December 13, 2022
BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF
ALLEGIANCE.
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER
AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE
REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE
NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE
A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A
MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC
PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM
TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN.
SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A
FUTURE AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT
ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK
PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING
CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC
SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
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December 13, 2022
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor Tracy Boyd of Grow Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. November 8, 2022 - BCC Meeting Minutes
C. Recommendation that the Board appoint its members to the Community
Redevelopment Agency, the Tourist Development Council, the Community
and Economic Development Board, the Affordable Housing Advisory
Committee, the Public Safety Coordinating Council, and the Southwest
Florida Regional Planning Council.
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) 20 Years, Jose Dominguez - Information Technology -
Manager of Customer Relations & App's Management
b) 20 Years, John Gillett Jr. - Water - Plant Operator II
c) 20 Years Lorraine Lantz - Capital Project Planning/Impact
Fees/Program Management - Planner III
d) 20 Years, Roosevelt Leonard Jr. - Facilities Management –
Review Appraiser II
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December 13, 2022
e) 20 Years, Leonor Montelongo - Parks & Recreation -
Supervisor
f) 20 Years, Hemantha Ranatunge - Facilities Management -
Supervisor of Building Maintenance
2) 25 YEAR ATTENDEES
a) 25 Years, Jesus Diaz - Fleet Management - Automotive
Technician II
3) 30 YEAR ATTENDEES
4) 35 YEAR ATTENDEES
a) 35 Years, Noemi Garcia - Emergency Medical Services -
Division Chief
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating January 13, 2023, as Rev. Dr. Martin Luther King
Jr. Prayer Breakfast Day in Collier County. To be accepted by Bishop Ric L.
Neal and distinguished guests.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for December
2022 to The Naples Money Managers. The award will be accepted by John
Kinkead, Vice President of Wealth Management and Dawn Litchfield
Brown, Co-Founder. Also present are Michael Dalby, CEO, and Bethany
Sawyer, Vice President of Membership and Investors, the Greater Naples
Chamber of Commerce.
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December 13, 2022
B. Presentation of the 2022 Great Places in Florida People’s Choice Award to
Bayshore Drive. The award will be presented by Wiatt Bowers, American
Planning Association, Florida Chapter President. The award will be
accepted by Karen Beatty, Chairwoman, Local Redevelopment Advisory
Board, Bayshore Gateway Triangle Community Redevelopment Area. Also
attending will be Maurice Gutierrez, Chairman Bayshore Beautification
MSTU. (District 4)
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 review and approve the 2022 combined Annual Update
and Inventory Report (AUIR) on Public Facilities and Schedule of Capital
Improvements as provided for in Section 6.02.02 of the Collier County Land
Development Code and Section 163.3177(3)(b), Florida Statutes and adopt a
Resolution that updates the 5-Year Capital Improvement Schedules.
(PL20220004369) (All Districts)
B. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to adopt 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 a Rural Agricultural (A) zoning
district to a Residential Single Family-4 (RSF-4) zoning district, to allow up
to 13 single family dwelling units with a maximum density of up to 2.45+/-
dwelling units per acre on property located at 5715 Maple Lane, west of the
Myrtle Cove Acres Unit 1 Subdivision, north of Maple Lane, and southwest
of Tamiami Trail East, in Section 30, Township 50 South, Range 26 East,
Collier County, Florida. (Zoning Petition RZ-PL20210002449) (District 1)
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December 13, 2022
C. This Item to be heard no sooner than 1:00 P.M. This item requires that
all participants be sworn in, and ex parte disclosure be provided by
Commission members. Recommendation to approve a Resolution
designating 681.5 acres within the Rural Lands Stewardship Area Zoning
Overlay District as a Stewardship Receiving Area, to be known as the
Brightshore Village Stewardship Receiving Area, which will allow
development of a maximum of 2,000 residential dwelling units, of which a
minimum of 10% will be multi-family dwelling units, a minimum of 10%
will be single family detached, and a minimum of 10% will be single family
attached or villa; a minimum of 106,000 and a maximum of 120,000 square
feet of commercial development in the village center context zone; a
maximum of 100,000 square feet of indoor self-storage in the village center
context zone; a minimum of 20,000 square feet of civic, governmental, and
institutional uses in the village center context zone; senior housing
including assisted living facilities and continuing care retirement
communities limited to 300 units in the SRA; and no commercial uses in the
neighborhood general context zone; and 15 acres of amenity center sites; all
subject to a maximum PM peak hour trip cap; and approving the
Stewardship Receiving Area Credit Agreement for Brightshore Village
Stewardship Receiving Area and establishing that 5198.4 stewardship credits
are being utilized by the designation of the Brightshore Village Stewardship
Receiving Area. The subject property is located north of Immokalee Road,
northeast of the intersection of Red Hawk Lane and Immokalee Road in
Sections 18 and 19, Township 47 South, Range 28 East, Collier County,
Florida. (Companion Items to be heard at the same time as Items #9D, #11B,
and #11C) [PL20210001067] (District 5)
D. This Item to be heard no sooner than 1:00 P.M. Recommendation to
consider Adoption of an Ordinance establishing the Brightshore Community
Development District (CDD) pursuant to Section 190.005(2), Florida
Statutes. (Companion Item to be heard at the same time as Items #9A, #11B,
and #11C) [PL20220003103] (District 5)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to direct the County Attorney to advertise, and bring back
for a public hearing, an ordinance repealing Ordinance No. 2022-43, which
requires residential landlords to provide sixty (60) days written notice of a
rental increase over 5% to tenants with leases of one year or longer.
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December 13, 2022
(Sponsored by Commissioner Hall) (All Districts)
11. COUNTY MANAGER'S REPORT
A. This Item Continued from the September 27, 2022, and November 8,
2022, BCC Meetings. Recommendation to approve the Cycle 11A
Conservation Collier Active Acquisition List (AAL), approve the revised
Acquisition Cycle Ranking Schedule, and direct staff to pursue projects
recommended within the A-Category in sequential order, funded by
Conservation Collier Land Acquisition Fund (172). (Summer Araque,
Environmental Supervisor, Conservation Collier Program) (All Districts)
B. This Item to be heard no sooner than 1:00 P.M. Recommendation to
approve the Developer Agreement with Hogan Farms, LLC, (Developer)
that will reserve right-of-way and stormwater management for the future
widening of Immokalee Road, reservation for future intersection
improvements at Immokalee Road and Red Hawk Lane and provide for a
commitment to swap land to accommodate intersection improvements at
Camp Keais Road and Immokalee Road. Companion Item to remaining
Brightshore SRA documents & developer agreement. (Trinity Scott,
Transportation Management Services Department Head) (Companion Item
to be heard at the same time as Items 9C, 9D, and 11C) (District 5)
C. This Item to be heard no sooner than 1:00 P.M. Recommendation to
approve the Agreement between Hogan Farms, LLC, (Landowner) and the
Board of County Commissioners of Collier County, Florida, acting ex-
officio as the Governing Board of the Collier County Water Sewer District
(CCWSD) to exclusively provide potable water, wastewater and irrigation
quality water services within the Brightshore Stewardship Receiving Area
(SRA) development f/k/a Hogan Island Village. (Amia Curry, Director,
Public Utilities Finance) (Companion Item to be heard at the same time as
Items 9C, 9D, and 11B) (District 5)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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December 13, 2022
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to accept a project update to the Bayshore Drive
Redevelopment Project currently under design with Stantec
Consulting Services Inc., for the pedestrian connection from Bayshore
Drive to Sugden Regional Park. (Debrah Forester, CRA Director)
(District 4)
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 approve an Easement Use Agreement
(Agreement), Petition EUA-PL20220000363 for Lot 341, Azure at
Hacienda Lakes - Phase 2, according to the plat thereof as recorded at
Plat Book 65, Page 72 of the public records of Collier County.
(District 1)
2) Recommendation to approve an agreement for the purchase of Parcel
102FEE required for construction of the Lake Park Flow Way (Project
60246). Estimated Fiscal Impact: $240,500. The source of funds is
stormwater bonds. (All Districts)
3) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $469,336, which was posted as a
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December 13, 2022
guaranty for Excavation Permit Number PL20200002511 for work
associated with Bonita Bay East - Golf Course Renovations.
(District 3)
4) Recommendation to approve final acceptance of the potable water,
irrigation quality water, and sewer facilities and accept the
conveyance of the potable water, irrigation quality water, and sewer
facilities for SkySail Phase 2 of Phase 1B (PL20220005373).
(District 5)
5) Recommendation to direct staff to advertise and bring back for a
public hearing, an Ordinance amending the Land Development Code,
to eliminate the $25,000 minimum value of the Transfer of
Development Rights Base Credit in the Rural Fringe Mixed-Use
Zoning Overlay District. (All Districts)
6) Recommendation to approve final acceptance and accept the
conveyance of the potable water and a portion of the sewer utility
facilities for Antilles, PL20190002585 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 an extension for completion of required
subdivision improvements associated with Valencia Golf and Country
Club – Phase 2A (AR-8975) subdivision pursuant to Section 10.02.05
C.2 of the Collier County Land Development Code (LDC).
(District 5)
8) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Isles of
Collier Preserve Phase 14B, PL20210000201 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)
9) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of Del
Webb Naples Parcel 213, Application Number PL20160001636, and
authorize the release of the maintenance security in the amount of
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December 13, 2022
$46,134.68. (District 5)
10) Recommendation to approve final acceptance of the potable water and
sewer facilities and accept the conveyance of the potable water and
sewer facilities for Ranch at Orange Blossom Phase 5,
PL20220003758. (District 5)
11) Recommendation to approve and submit the 2022 State Housing
Initiatives Partnership Incentive Strategies Report to Florida Housing
Finance Corporation and Florida Housing Coalition as required by
section 420.9076, Florida Statutes. (All Districts)
12) Recommendation to approve Collier Area Transit (CAT) Public
Transportation Agency Safety Plan (PTASP) in accordance with Final
Rule 49 C.F.R. Part 673 requirements. (All Districts)
13) Recommendation to approve the selection committee’s ranking,
authorize staff to begin contract negotiations with Jacobs Engineering
Group Inc., related to Request for Professional Services (“RPS”) No.
22-8006 for “Design Services for Wilson Blvd Widening,” and direct
staff to bring a proposed agreement back for the Board’s consideration
at a future meeting. (District 5)
14) Recommendation to approve final acceptance of the sewer facilities
and accept the conveyance of the sewer facilities for Isles of Collier
Preserve Phase 17C (Offsite Forcemain), PL20220005057. (District 4)
15) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Kalea Bay Tower 3, PL20220006349.
(District 2)
16) Recommendation to approve final acceptance of the potable water
utility facilities and accept the conveyance of the water facilities and
appurtenant easement for Lakeside of Naples (Watermain Only),
PL20220003366. (District 4)
17) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Hacienda Lakes Parkway, Application Number PL20200002273, and
authorize the release of the maintenance security in the amount of
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December 13, 2022
$71,349.49. (District 1)
18) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Ranch
at Orange Blossom, Phase 4, PL20210000205 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 5)
19) Recommendation to approve price adjustments to Invitation to Bid
(“ITB”) No. 19-7544, "Traffic Signs and Related Materials." (All
Districts)
20) Recommendation to approve final acceptance of the sewer utility
facilities and accept the conveyance of a portion of the sewer for
Compass Place, PL20220005770. (District 4)
21) Recommendation to authorize payment of outstanding invoice for
final Payment Application No. 12 for work performed under
Agreement No. 20-7820, by Cougar Contracting, LLC, to construct
Triangle Boulevard Transportation Operational Improvements
(Project #60215) and assess $74,791.00 (29 days @ $2,579.00 per
day) in liquidated damages and waiving 14 days. (District 1)
22) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000, which was posted as a
guaranty for Excavation Permit Number PL20200001360 for work
associated with Collier’s Reserve – Lake Expansion. (District 2)
23) Recommendation to approve the State of Florida Department of
Environmental Protection Standard Grant Agreement for the Collier
County Golden Gate City Water Resource Protection/Restoration
Master Plan, in the amount of $500,000 (Project No. 33842) and
authorize $500,000 in budget amendments for a total project cost of
$1 million. (District 3)
24) Recommendation to Terminate for Convenience Fixed Term Service
Agreement No. 22-7958, “Aquatic Vegetation Maintenance,” with
Airboat Addicts, Inc. (All Districts)
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December 13, 2022
25) Recommendation to approve the electronic submittal of Grant
Applications to the Florida Department of Transportation for the
Federal Transit Administration Programs 5310, 5311 Rural, and 5339
Rural for Fiscal Year 2023/24 and approve the associated Resolutions
to support transit system capital improvements in the amount of
$1,870,272. (5310 and 5311 Match support ($187,033) from
Transportation Disadvantaged Fund 429 Surplus Proceeds; Collier
Area Transit Fund (426) Reserves supported by General Fund (001)
Annual Transfer) (All Districts)
26) Recommendation that the Board retroactively approve Change Order
No. 2 extending the Substantial and Final Completion Dates by
ninety-three (93) days for the Vanderbilt Drive Underground Utility
Conversion Phase IV Project, authorize the use of the Owner’s
Allowance for the continuation of, and payment for, construction
services at no additional cost to the Project under Agreement No. 20-
7791, and add an additional fifty (50) contract days to complete the
project by March 8, 2023. (District 2)
27) Recommendation to approve and authorize the Chair to execute an
Amendment to the Sunrise Cay II Condominium Settlement
Agreement to allow the reconfiguration of the boat dock facilities,
subject to Hearing Examiner and staff approval. (District 1)
28) Recommendation to approve administrative Change Order No. 1
under Agreement No. 21-7850 for additional Temporary Traffic
Control Plan equipment covered by the Allowance, and to add
additional days required for the construction of the bridge and
roadway replacements for the “Bridge Replacement - Bridge Package
B-4 Bridges - IMM - Countyline Road” project. (Project No. 66066)
(District 5)
29) Recommendation to approve administrative Change Order No. 2
under Agreement No. 21-7851 for additional temporary traffic control
equipment covered by the Allowance, and to add additional days
required for construction of bridge and roadway replacements for the
“Bridge Replacement - Bridge Package C - 4 Bridges- Oil Well Road”
project. (Project No. 66066.12) (District 5)
30) Recommendation to approve the selection committee’s ranking of
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December 13, 2022
Request for Professional Services (“RPS”) No. 22-8001,
“Comprehensive Watershed Improvement Project,” and authorize
staff to begin contract negotiations with the top-ranked firm, Atkins
North America, Inc., so that staff can bring a proposed agreement
back for the Board’s consideration at a future meeting. (All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC)
approve the grant application submittal package in association with
the FY2022 Community Project Funding (CPF) Award in the amount
of $987,000, Grant Number B-22-CP-FL-0233 for construction of the
Immokalee Sidewalk Phase III Project and authorize the Chairman of
the BCC to sign the application forms. (District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve an Agreement for Sale and Purchase
with WISC Investment Company, LLC, for 0.39 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $422,600. (District 1)
2) Recommendation to approve administrative Change Order #1 for time
extension under Construction Agreement No. 21-7912 with R2T, Inc.,
for the NCRWTP Chemical Bulk Tank Replacement. (Water User
Fee Capital Improvement Project Fund (412)) (Project No. 71066)
(District 3)
3) Recommendation to approve payment of invoices in the amount of
$32,245.46 to Infinite Construction, LLC, regarding Purchase Order
No. 4500210113 under Agreement No. 19-7630 concerning the
Barefoot Beach North Access Boardwalk & Pavilion Construction
Project and waiving liquidated damages in the amount of $6,205.
(TDC Beach Park Facility Capital Fund (183)) (Project No. 80330)
(District 2)
4) Recommendation to approve payment of invoices to Stanley
Consultants, Inc., regarding Purchase Order Number 4500209336
totaling $4,411.00, pertaining to the Barefoot Beach North Access
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December 13, 2022
Boardwalk & Pavilion. (Project No. 80330) (District 2)
5) Recommendation to approve payment of invoices totaling $14,090.20
to Curran Young Construction, Inc., regarding Agreement Number
21-7864, as provided in Change Order No. 7, pertaining to work
performed at the East Naples Community Park Welcome Center.
(Project No. 80414) (District 2)
6) Recommendation to approve administrative Change Order #7 for a
time extension and associated reallocation of funds under Agreement
No. 18-7469 with Wood Environmental & Infrastructure, Inc., the
Construction Engineering Inspector for the Big Corkscrew Island
Regional Park. (Project No. 80039.1.3) (District 2)
7) Recommendation to award Invitation to Bid (“ITB”) No. 22-7986,
“Pest Control - County Facilities,” to Power Exterminators, Inc., d/b/a
PowerX, as the primary vendor, and Southern Service Solutions LLC,
as secondary vendor, and authorize the Chairman to sign the attached
agreement. (All Districts)
8) Recommendation to award Invitation to Bid (“ITB”) No. 22-8009,
“Collier County Portable Toilet Rental and Services,” to John To Go
FL LLC, as primary vendor, and J.W. Craft, Inc., as secondary
vendor, and authorize the Chairman to sign the attached agreements.
(All Districts)
9) Recommendation to approve a $563,380 work order under a Request
for Quotation (“RFQ”) for Agreement No. 20-7800 to Douglas N.
Higgins, Inc., and authorize the Chairman to sign the work order for
modifications to North Reverse Osmosis Well #10. (Project No.
70085) (All Districts)
10) Recommendation to approve administrative Change Order No. 5 to
Agreement No. 19-7637, “Golden Gate City Transmission Water
Main Improvements,” with Johnson Engineering Inc., in the amount
of $35,386. (Projects 51029 and 70253) (District 3)
11) Recommendation to approve a Certification of Financial
Responsibility, as required by the Florida Department of
Environmental Protection, for the renewal of an operating permit for
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December 13, 2022
the deep injection well system at the Collier County North Regional
Water Treatment Plant. (Water/Sewer Operating Fund (408))
(District 5)
12) Recommendation to waive liquidated damages against Fort
Construction Group of Naples Inc., pertaining to the construction of
the Caxambas Park Community Center Project under Agreement No.
20-7790, approve all previous administratively authorized Change
Orders, and authorize payment of any pending or final payment
applications subject to the contractor providing all required backup
documentations prerequisite to processing payment.
(Project #80394.3) (District 1)
13) To approve the selection committee’s ranking and authorize staff to
begin contract negotiations with Jacobs Engineering Group Inc.,
related to RPS No. 22-8011 for “Design Services for Wilson Blvd
Wellhouse & Infrastructure Improvements,” so that a proposed
agreement can be brought to the Board for consideration at a future
meeting. (All Districts)
14) Recommendation to award Invitation to Bid (“ITB”) No. 22-7957
“Electrical Component Services” to Swanson’s Electric Inc. and
authorize the Chairman to sign the attached Agreement. (All Districts)
15) Recommendation to approve Change Order No. 13 to Collier County
Sport Complex Phase 2.1 and 2.2A of Agreement No. 17-7198 with
Manhattan Construction (Florida), Inc., for time extension of 60 days.
(Project 50156) (District 3, District 5)
16) Recommendation that the Board of County Commissioners, acting ex-
officio as the Governing Board of the Collier County Water-Sewer
District, adopt a Resolution authorizing the execution and delivery of
a rate lock agreement with JPMorgan Chase Bank, N. A., related to
the potential refunding of the Collier County Water-Sewer District’s
Water and Sewer Refunding Revenue Bonds, Series 2016. (All
Districts)
17) Recommendation that the Board of County Commissioners, acting ex-
officio as the Governing Board of the Collier County Water-Sewer
District, authorizes expenditures which serve a public purpose to
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December 13, 2022
provide awards for school-age children to incentivize participation in
Collier County Water Sewer-District (CCWSD) Water Conservation
campaigns. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to authorize Budget Amendments totaling $400,000
transferring reserves of $300,000 within Domestic Animal Services
Donation Fund (180) for animal medical treatment and reserves of
$100,000 within Domestic Animal Services Neutering Fund (610) for
veterinarian fees related to neuter/spay. (All Districts)
2) Recommendation to authorize the necessary Budget Amendments to
reflect the estimated funding for Calendar Year 2023 Older
Americans Act Programs in the amount of $2,329,059.53, and the
estimated cash match of $253,036.78, of which $131,108.12 is met
through local vendors. (Human Services Grant Fund 707) (All
Districts)
3) Recommendation to approve an “After-the-Fact” first amendment and
attestation statement with the Area Agency on Aging for Southwest
Florida, Inc., for Community Care for the Elderly and Alzheimer’s
Disease Initiative grant programs to increase the contract amount by
$50,000 and $307,985.60, revision to the Annual Budget Summary
(Attachment VIII & Attachment X), and the supporting Budget
Amendments. (Human Services Grant Fund 707) (All Districts)
4) Recommendation to approve and authorize the Chairman to sign the
Second Amendment to the Agreement between Collier County and
Collier Health Services, Inc., for the Community Health Workers for
COVID-19 Response for Resilient Communities program and
increase the subrecipient award amount by $388,069, to a total award
of $782,524. (Housing Grant Fund 705) (All Districts)
5) Recommendation to approve and authorize the Chairman to sign the
Second Amendment to the subrecipient agreement between Collier
County and Rural Neighborhoods, Incorporated to allocate an
additional $291,679 in CDBG-CV funds and extend the period of
performance through June 30, 2023, for the Housing Opportunities
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December 13, 2022
Center in Immokalee. (Housing Grant Fund 705) (All Districts)
6) Recommendation to approve one (1) Department of Economic
Opportunity Community Development Block Grant Mitigation
Critical Facilities Hardening program subrecipient grant agreement
between Collier Health Services, Inc., dba Healthcare Network, and
Collier County to provide $206,240 in funding for a hardening project
of the Marion E. Feather Medical Center in Immokalee. (All Districts)
7) Recommendation to accept and appropriate a donation of $100,000
from the Friends of the Library of Collier County, Inc., to the Collier
County Public Library for the purchase of eBooks and eAudio to
enhance the library’s electronic materials collection, and to authorize
the necessary Budget Amendment. (All Districts)
8) Recommendation to accept an award from the U.S. Department of
Housing and Urban Development in the amount of $861,716 for the
ESG-RUSH (Rapid Unsheltered Survivor Housing) grant; authorize
the Chairman to execute the grant agreement(s) and required SF424s
upon receipt by the County; authorize the necessary Budget
Amendment; and approve a substantial amendment to Collier
County's U.S. Department of Housing and Urban Development
FY2022-2023 Annual Action Plan. (Housing Grants Fund 705) (All
Districts)
9) Recommendation for the Board of County Commissioners to approve
the allocation of the Local Assistance and Tribal Consistency Fund
allocation from the U.S. Treasury in the amount of $1,790,192,
authorize the County Manager or designee to execute the agreement,
any necessary budget amendments, and any sub-award agreements.
(Housing Grants Fund 705) (All Districts)
10) Recommendation to approve the Collier County Consolidated Annual
Performance and Evaluation Report for the U.S. Department of
Housing and Urban Development for Community Development Block
Grant (CDBG), HOME Investment Partnership (HOME), Emergency
Solutions Grant (ESG), Community Development Block Grant
(CDBG-CV), Emergency Solutions Grant-CV (ESG-CV) and HOME
Investment Partnership-ARP (HOME-ARP) for Fiscal Year 2022 as
required; approve the Consolidated Annual Performance and
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December 13, 2022
Evaluation Report Resolution; and authorize the Chairman to certify
the Consolidated Annual Performance and Evaluation Report
(CAPER) for submission to U.S. Department of Housing and Urban
Development. (Housing Grant Fund 705) (All Districts)
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the purchase of Group Health
Reinsurance through SunLife in the estimated amount of $708,022,
effective January 1, 2023. (All Districts)
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
3) Recommendation to award Request for Proposal (“RFP”) # 22-7977,
“Group Health & Dental Plan Administration Services,” to Allegiance
Benefit Plan Management, Inc., and authorize the Chairman to sign
the attached agreement. (All Districts)
4) Recommendation to approve an amended Agreement with Braxton
College to provide EMS department classroom instruction and
supervised skill training and experience to students enrolled in
Emergency Medical Services Technology Programs. (All Districts)
5) Recommendation to renew Collier County’s annual Certificate of
Public Convenience and Necessity (COPCN) for Collier County
Emergency Medical Services to provide Class 1 Advanced Life
Support Transport (ALS) for one year and authorize the Chairman to
execute the Permit and Certificate. (All Districts)
6) Recommendation to approve an Assumption Agreement assigning all
rights, duties and benefits, and obligations to Enviroserve Inc.
concerning Agreement No. 18-7487 “Collection and Recycling of
Latex Paint.” (All Districts)
7) Recommendation to approve the administrative report prepared by the
Procurement Services Division for contractual modifications requiring
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December 13, 2022
Board approval. (All Districts)
8) Recommendation to award Invitation to Bid (“ITB”) No. 22-8039,
“Fasteners and Wheel Weights” to Lawson Products, Inc. (All
Districts)
9) Recommendation to recognize accrued interest from the period July 1,
2022, through September 30, 2022, earned by EMS County Grant,
Project No. 33655, and appropriate funds for a total amount of
$457.67. (All Districts)
10) Recommendation to approve an annual maintenance agreement #23-
005-NS with Stryker Corporation for Procare Services on previously
standardized EMS ambulance equipment and authorize expenditures
under a single source Waiver. (All Districts)
11) Recommendation to approve an Interlocal Agreement for Mutual Aid
between Collier County and Broward County Sheriff’s Office for
Emergency Medical Services. (All Districts)
12) Recommendation to accept an award of $72,756.00 in grant funds
from the State of Florida Department of Health, Bureau of Emergency
Medical Services, and to approve necessary Budget Amendments.
(All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve and authorize the Chair to execute a
Federally Funded Subgrant Agreement to accept the annual
Emergency Management Performance Grant G0380 (EMPG) in the
amount of $109,275 for emergency management planning, response,
and mitigation efforts and to authorize the necessary budget
amendments. (Project No. 33820) (All Districts)
2) Recommendation to approve a Certificate of Public Convenience and
Necessity for Advanced Life Support (ALS) non-transport services for
one year to the City of Naples Fire-Rescue concurrent with the
approval of an accompanying Interlocal Agreement (ILA) and
authorize the Chairman to execute the ILA, Permit, and Certificate.
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December 13, 2022
(All Districts)
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the FY22-23 Adopted Budget. (All Districts)
4) Recommendation to authorize budget amendments to re-establish
budgeted transfers from Road Impact Fee District 4 Fund (336) to the
Sports Complex Fund (370) to provide funding for the Wilson
Benfield Road Extension project in the amount of $4,246,823.16. (All
Districts)
5) Recommendation to authorize expenditures through an Exemption
from the Competitive Process to J.W. Marriott Marco Island for
tourism promotional expenses up to $100,500 per year for a five-year
period and to make a finding that this expenditure promotes tourism.
(All Districts)
6) Recommendation to authorize expenditures through an Exemption
from the Competitive Process to Visit Florida for destination
marketing programs for a five-year period in the amount of $150,000
per year and to make a finding that these expenditures promote
tourism. (All Districts)
7) Recommendation to approve a Memorandum of Understanding
(MOU) between Collier County and Naples Community Healthcare
System (NCH) for mutual participation in the County’s 800mhz
Public Safety Communications System. (All Districts)
8) Recommendation to approve the use of Tourist Development Tax
Promotion Funds to support the Everglades City Triathlon and the
Hookem in the Glades Fishing Tournament for a total of $2,000 and
make a finding that this expenditure promote tourism. (All Districts)
9) Recommendation to authorize the County Manager, as authorized
agent, to execute a Federally Funded Subaward and Grant Agreement
through the Florida Division of Emergency Management for
reimbursement of expenditures associated with preparation for and
recovery from Hurricane Ian. (IAN FEMA Subaward Grant
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December 13, 2022
Agreement) (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, authorize its Chairman to execute the attached
Collier County Airport Authority Standard Form Lease Agreement
with Royale Air Service, Inc., dba Salt Island Seaplanes, for vacant
aeronautical use office space at the Marco Island Executive Airport.
(District 1)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) December 13, 2022, BCC Miscellaneous Correspondence (All
Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to accept the Clerk’s report indicating no interest
paid pursuant to Florida Statute 218.78 for the fiscal year ended
September 30, 2022. (All Districts)
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between October 27, 2022, and November 9, 2022, pursuant
to Florida Statute 136.06. (All Districts)
3) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of November
16, 2022. (All Districts)
4) Report to the Board regarding the investment of County funds as of
the quarter ended September 30, 2022. (All Districts)
5) Recommendation to authorize execution of the budget amendment to
increase current funding for the Collier County Sheriff’s General
Fund (Law Enforcement) in the amount of $2.4M in order to cover
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December 13, 2022
Overtime, the benefits on Overtime, and operating expenses related to
Hurricane Ian. (All Districts)
6) 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 November 10, 2022, and November 30, 2022,
pursuant to Florida Statute 136.06. (All Districts)
7) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of December
7, 2022. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount of $38,000 plus $12,731 in statutory attorney and experts’
fees and costs for the taking of Parcel 279RDUE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
2) Recommendation to appoint a new alternate member to the Collier
County Code Enforcement Board, and to reclassify a current alternate
member as a regular member. (All Districts)
3) Recommendation to reappoint a member to the Golden Gate
Community Center Advisory Board. (District 3)
4) Recommendation to reappoint two members to the Library Advisory
Board. (All Districts)
5) Recommendation to reappoint two members to the Emergency
Medical Authority. (All Districts)
6) Recommendation to approve a Stipulated Final Judgment in the
amount of $125,500 plus $20,974.09 in statutory attorney fees,
apportionment fees, experts’ fees and costs, and an amount not to
exceed $3,000 for additional apportionment costs if needed for the
taking of Parcel 1245RDUE required for the Vanderbilt Beach Road
Extension Project No. 60168. (All Districts)
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December 13, 2022
7) Recommendation to reappoint three members to the Parks and
Recreation Advisory Board. (All Districts)
8) Recommendation to reappoint a member to the
Historic/Archaeological Preservation Board. (All Districts)
9) Recommendation to appoint a member to the Housing Finance
Authority. (All Districts)
10) Recommendation to reappoint a member to the Industrial
Development Authority. (All Districts)
11) Recommendation to reappoint a member to the Immokalee
Beautification Advisory Committee. (District 5)
12) Recommendation to approve a Stipulated Final Judgment in the
amount of $131,250 plus $31,575 in statutory attorney and experts’
fees and costs for the taking of Parcel 116FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
13) Recommendation to approve a Stipulated Final Judgment in the
amount of $171,000 for the taking of Parcel 1110FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
------------------------------------------------------------------------------------------------------------
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
------------------------------------------------------------------------------------------------------------
A. Recommendation to approve an Ordinance amending Ordinance Number
2004-41, as amended, the Collier County Land Development Code, which
includes the comprehensive zoning regulations for the unincorporated area
Page 24
December 13, 2022
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 (C-2) zoning district to a Commercial Planned Unit
Development (CPUD) zoning district for the project to be known as
Everglades Equipment Group CPUD, to allow the development of up to
13,500 square feet of retail nursery and garden supply store and 15,000
square feet of (C-2) commercial uses and by providing an effective date.
The subject 7.19± acre property is located on the north side of Radio Road,
818± feet northwest of the intersection of Radio Road and Davis Boulevard
in Section 34, Township 49 South, Range 26 East, Collier County, Florida.
(Companion Item to Item 17B) [PL20210002663] (District 1)
B. An Ordinance of the Board of County Commissioners of Collier County,
Florida amending Ordinance No. 89-05, as amended, the Collier County
Growth Management Plan for the unincorporated area of Collier County,
Florida, specifically amending the Future Land Use Element and Future
Land Use Map and Map Series by adding the Radio Road Commercial Infill
Subdistrict to the Urban-Mixed Use District, to allow 13,500 square feet of
floor area for a retail nursery and garden supply store and up to 15,000
square feet of C-2 commercial uses; and furthermore, directing transmittal of
the adopted amendment to the Florida Department of Economic
Opportunity; providing for severability and providing for an effective date.
The subject property consisting of 7.19± acres is located north of Radio
Road approximately 818 feet northwest of the intersection of Radio Road
and Davis Boulevard, in Section 34, Township 49 South, Range 26 East,
Collier County, Florida. (Companion Item to Item 17A) (District 1)
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 2001-61, as amended, the Mediterra Planned
Unit Development to allow development of up to 120,000 square feet of
permitted uses in the Village Center instead of up to 60,000 square feet of
non-commercial uses and 20,000 square feet of commercial uses; and
providing an effective date. The subject property, consisting of 25.8+/- acres
of the 1167.8± acre PUD, is located on the west and east sides of Livingston
Road, approximately one mile west of I-75 in Sections 11 and 12, Township
48 South, Range 25 East, Collier County, Florida. [PL20210001368]
(District 2)
Page 25
December 13, 2022
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
FY22-23 Adopted Budget. (All Districts)
E. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20220004852, to disclaim, renounce and vacate the County and the public
interest in a portion of the 7.5-foot drainage easement located along the
border of Lot 53, of Parrot Cay, as recorded in Plat Book 58, Page 75, of the
public records of Collier County, Florida, located in Section 1, Township 51
South, Range 26 East, Collier County, Florida. (District 1)
F. Recommendation that the Board approve 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)
G. Recommendation that the Board approve a proposed amendment to Collier
County Ordinance No. 86-72, the Sabal Palm Road Extension Municipal
Service Taxing and Benefit Unit, to amend the geographical boundaries of
the MSTU to remove three hundred thirty-two properties that no longer
derive benefit from the MSTU’s stated purpose. (District 1)
H. This item has been Continued to the January 10, 2023, 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 revises the procedures and approval process for
Comparable Use Determinations within zoning districts and requires
Conditional Use or Minor Conditional Use Approval in addition to a
Comparable Use Determination in all zoning districts except for Planned
Unit Development zoning districts that expressly provide for Comparable
Use Determinations, 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 Two
Zoning Districts and Uses, including Section 2.03.00 Zoning Districts,
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December 13, 2022
Permitted Uses, Accessory Uses, and Conditional Uses, Section 2.03.03
Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts,
Section 2.03.05 Civic and Institutional Zoning Districts, Section 2.03.07
Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning Districts,
and Chapter Ten Application, Review, and Decision-Making Procedures,
including Section 10.02.06 Requirements for Permits, and Section 10.03.06
Public Notice and Required Hearings for Land Use Petitions; Section Four,
Conflict and Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. [PL20220000207] (All
Districts)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
December 13, 2022
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: Good morning, good morning,
good morning.
I want to welcome everyone to our December meeting. We
have a pretty special festivity to take care of this morning. And if
you'd like to move right into that. I think we do that before we
actually open the meeting, or do you want me to open the meeting
and then do it?
MS. PATTERSON: We're going to do the invocation and
Pledge of Allegiance, and then we're going to move right to the
swearing in.
CHAIRMAN McDANIEL: Outstanding. Let's do that.
This morning's invocation, if you would all rise, is going to be
given by Pastor Tracy Boyd of Grow Church.
PASTOR BOYD: Wow. How exciting.
CHAIRMAN McDANIEL: You're supposed to be over here.
No, no, no, stay put. I was looking for you, and you weren't there.
Item #1
INVOCATION BY PASTOR TRACY BOYD OF GROW CHURCH
– INVOCATION GIVEN
PASTOR BOYD: All right. What an honor to be here.
Oh, Father, in the name of Jesus, we're just so grateful that we
have this opportunity to gather in your presence and simply pray
forth your word that says your kingdom come, your will be done, on
earth as it is in heaven.
We invite you to be a part of everything that is being done
today, asking for your rule, your reign, your wisdom. And, Father, I
pray specifically for each one of these commissioners and even those
December 13, 2022
Page 3
who are being sworn in, that they would be filled with the spirit of
wisdom and revelation as they lead and govern in this next season,
that the people of Collier County would be so blessed by what you
are doing through them and in our county. In Jesus' name, amen.
(A chorus of amens.)
CHAIRMAN McDANIEL: Commissioner LoCastro, will you
lead us this morning in the Pledge.
COMMISSIONER LoCASTRO: Yes, sir.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: And since I didn't announce
it -- please, everyone have a seat. I didn't really think it needed to be
announced, but everybody take out your cell phone and make sure
that it's on off position, please. We have a lot of really important
things to do, and it's rather disconcerting while we're doing a prayer
and a pledge and people's phones are going off, so...
COMMISSIONER LoCASTRO: If somebody's phone went off
that was next to you, please point them out -- stand up and point them
out right now.
CHAIRMAN McDANIEL: We won't say Kathy Meo's name
out loud or anything.
MS. MEO: It's on record.
CHAIRMAN McDANIEL: It is a matter of record. Terri sits
down there and writes down all my misspoken words, so...
Well, with that, good morning, everyone. I'm really, really
happy that you're here.
Madam County Manager, will you lead us in the next set.
MS. PATTERSON: Commissioners, the oath of office for
newly elected Commissioner Hall, District 2 and, Commissioner
Kowal, District 4, will be administered by the Honorable Joseph G.
Foster, Circuit Court judge, 20th Judicial Circuit, and it's going to
happen now.
December 13, 2022
Page 4
Welcome, Judge.
JUDGE FOSTER: Where do you want me?
(Applause.)
CHAIRMAN McDANIEL: And this is a little bit scary, but
we're going to let the judge lead the proceedings. Your Honor.
Oath of Office
OATH OF OFFICE BY JUDGE JOSEPH FOSTER FOR
COMMISSIONER CHRIS HALL
JUDGE FOSTER: I did this for you two years ago, and it
seemed to work just fine.
CHAIRMAN McDANIEL: Amen. Do you want us all down
there or -- just the two?
MR. MILLER: Just the two.
CHAIRMAN McDANIEL: Just the two, okay.
JUDGE FOSTER: All right. Commissioner Hall, would you
please raise your right hand and repeat after me.
I do solemnly swear or affirm.
COMMISSIONER HALL: I do solemnly swear and affirm.
JUDGE FOSTER: That I will support, protect, and defend.
COMMISSIONER HALL: That I will support, protect, and
defend.
JUDGE FOSTER: The Constitution and government of the
United States.
COMMISSIONER HALL: The Constitution and government
of the United States.
JUDGE FOSTER: And of the State of Florida.
COMMISSIONER HALL: And of the State of Florida.
JUDGE FOSTER: That I am duly qualified to hold office.
December 13, 2022
Page 5
COMMISSIONER HALL: That I'm duly qualified to hold
office.
JUDGE FOSTER: Under the Constitution of the state.
COMMISSIONER HALL: Under the Constitution of the state.
JUDGE FOSTER: And that I will well and faithfully perform.
COMMISSIONER HALL: And that I will well and faithfully
perform.
JUDGE FOSTER: The duties of County Commissioner.
COMMISSIONER HALL: The duties of County Commission.
JUDGE FOSTER: On which I am now about to enter.
COMMISSIONER HALL: On which I am now about to enter.
JUDGE FOSTER: So help me God.
COMMISSIONER HALL: So help me God.
JUDGE FOSTER: Congratulations.
(Applause.)
Oath of Office
OATH OF OFFICE BY JUDGE JOSEPH FOSTER FOR
COMMISSIONER DAN KOWAL
JUDGE FOSTER: And Commissioner Dan Kowal, please raise
your right hand and repeat after me. You're already ahead of me.
I do solemnly swear or affirm.
COMMISSIONER KOWAL: I do solemnly swear and affirm.
JUDGE FOSTER: That I will support, protect, and defend.
COMMISSIONER KOWAL: I would support, protect, and
defend.
JUDGE FOSTER: The Constitution and government of the
United States.
COMMISSIONER KOWAL: The Constitution and
December 13, 2022
Page 6
government of the United States.
JUDGE FOSTER: And of the State of Florida.
COMMISSIONER KOWAL: And of the State of Florida.
JUDGE FOSTER: That I am duly qualified to hold office.
COMMISSIONER KOWAL: I am duly qualified to hold
office.
JUDGE FOSTER: Under the Constitution of the state.
COMMISSIONER KOWAL: Under the Constitution of the
state.
JUDGE FOSTER: And that I will well and faithfully perform.
COMMISSIONER KOWAL: That I will well and faithfully
perform.
JUDGE FOSTER: The duties of County Commissioner.
COMMISSIONER KOWAL: The duties of County
Commissioner.
JUDGE FOSTER: On which I am now about to enter.
COMMISSIONER KOWAL: On which I'm now about to enter.
JUDGE FOSTER: So help me God.
COMMISSIONER KOWAL: So help me God.
CHAIRMAN McDANIEL: How about that?
(Applause.)
CHAIRMAN McDANIEL: Well, how about that?
Before we go on, I'm going -- while the room is full, I'm going
to announce our -- because I usually forget this. I'm going to
announce our Artist of the Month. And if you all are here and you
have an opportunity, we would like to welcome our local artist, Scott
Brown, as our December Artist of the Month.
It is his aspiration, with his pastels, acrylics, and oils, to offer
original and unique paintings that will enhance your living space and
brighten your world.
Scott is also the director of Naples COCO Art Gallery located in
December 13, 2022
Page 7
the Coastland Mall Center. The gallery is a not-for-profit
cooperative operated by the Art Council of Southwest Florida that
exhibits and sells paintings, photography, ceramics, textiles, jewelry,
and such, all created by local talented artists. Scott recently finished a
60-by-15 -- wow -- 60-by-15-foot wall mural of the Naples Pier at the
inner entrance at Macy's department store.
So prior to your departure, please take a moment and have a
look at his art. It's displayed on the back wall.
And the before we go on, I'd like to offer our two newest
sworn-in colleagues a moment of -- we'll start with Mr. Kowal,
because I know you have something to say. If you would, please, if
you'd like to address your constituents.
COMMISSIONER KOWAL: Well, first of all, I'd like to thank
everybody that's here today. This is quite a moment in my life. I
never thought this is where my journey would take me.
I started my life in public service -- well, started by serving my
country in the military and then through public service, through law
enforcement, and thought that was pretty much it, but I guess I got
another calling. I had something inside me that gave me the drive to
run and continue serving the great people of this nation, this country,
and, of course, Collier County.
And I am blessed to live here, and I am going to do the best that
I can to make every one of you proud and continue this -- continue
what we're so used to in this county and how beautiful it is and the
great things that's about it and why we all come here and why we all
make it home. And I want to continue that through my work serving
you.
Thank you.
(Applause.)
CHAIRMAN McDANIEL: Good morning, Commissioner
Hall.
December 13, 2022
Page 8
COMMISSIONER HALL: Thank you.
So thank you. Thank you, people of Collier County, for putting
us here.
You know, when this all started, I just wanted to do what was
right because it was right, and I wanted to understand the role of
government was to protect and secure the liberties of the people, first
and foremost. So that's been my promise. And I wanted to bring
some common sense back to our nation, starting with us locally.
So the people have put me in this position, and I will do my
dead-level best to honor my commitment and to do what's right
because it's right, and I'm excited.
So thank you.
(Applause.)
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - MOTION TO APPROVE BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER LOCASTRO - APPROVED AND/OR
ADOPTED W/CHANGES
MS. PATTERSON: Commissioners, that brings us to Item 2,
agenda and minutes. Let me walk you through the change sheet
first.
CHAIRMAN McDANIEL: Yeah.
MS. PATTERSON: We have several changes to the agenda.
We have an add-on Item 10B, which is a recommendation to
receive an update on the current status of the proposed state veterans
December 13, 2022
Page 9
nursing home and the next steps in Collier County's formal
recognition as the next site for construction. This is being added at
Commissioner Saunders' request.
We have an add-on Item 11D. This is a recommendation to
certify the existence of a valid public emergency for surveying,
design and permitting, and post-design services required for the
construction of an emergency berm necessary for protection of
upland structures left vulnerable by Hurricane Ian and to approve the
issuance of a standard county work order to APTIM Environmental
and Infrastructure, LLC, for an expenditure of funds for those
services not to exceed amount of $187,636.25. This is being added
at staff's request.
Continue Item 16C1 to the January 10th, 2023, BCC meeting.
This is a recommendation to approve an agreement for sale and
purchase with WISC Investment Company, LLC, for a .39-acre
under -- lot under the Conservation Collier Land Acquisition
Program at a cost not to exceed $422,600 in District 1. This is being
continued at Commissioner Saunders', Commissioner McDaniel's,
and Commissioner LoCastro's separate requests.
Continue Item 16F5 to the January 10th, 2023, BCC meeting.
This is a recommendation to authorize expenditures through an
exception from the competitive process to J.W. Marriott, Marco
Island, for tourism promotional expenses up to $100,500 per year for
a five-year period and to make a finding that this expenditure
promotes tourism. This item is being continued at Commissioner
Saunders', Commissioner McDaniel's, and Commissioner LoCastro's
separate requests.
Continue Item 16F6 to the January 10th, 2023, BCC meeting.
This is a recommendation to authorize expenditures through an
exception from competitive process to Visit Florida for destination
marketing programs for a five-year period in the amount of $150,000
December 13, 2022
Page 10
per year and to make a finding that these expenditures promote
tourism. Being continued at Commissioner Saunders',
Commissioner McDaniel, and Commissioner LoCastro's separate
requests. And my apologies; these originally appeared on the
change sheet as being pulled to the regular agenda before they were
then continued on. So depending on when we talked to you during
the day, that shift ended up at the end of the day.
CHAIRMAN McDANIEL: There's no sorries requisite.
There's a lot of moving parts the day before a board meeting, so...
MS. PATTERSON: Just a note: Companion Items 9C, 9D,
11B, and 11C to be heard no sooner than 1:00 p.m. This is the
Brightshore Stewardship Receiving Area, SRA, Zoning Overlay,
Community Development District and Developer Agreements and
Utility Agreement.
We do have court reporter breaks scheduled for 10:30 and 2:50.
And with that, that's all of our changes.
CHAIRMAN McDANIEL: All right.
County Attorney, do you have anything you wish to add?
MR. KLATZKOW: No, sir. Thank you.
CHAIRMAN McDANIEL: Before we go into setting the
agenda, I would also like my newly induced colleagues to -- I think
you have some guests here, and we didn't offer that up. So if you
would take a moment, Commissioner Hall, and introduce your
family. I know you've got some special people here, so...
COMMISSIONER HALL: Well, my mom and dad have left,
but Dot's still here, and Dot is my wife right there.
CHAIRMAN McDANIEL: There we go.
(Applause.)
CHAIRMAN McDANIEL: And, Commissioner Kowal.
COMMISSIONER KOWAL: Well, I've got a few more. My
wife Lauren's still here, our children. There's Lexis, Jacob, Samuel,
December 13, 2022
Page 11
Ramy (phonetic), and my parents, and friends, and -- oh, God.
Yeah, little Phoenix. And just -- you're all my family, so -- but those
are the close ones. Thank you.
(Applause.)
CHAIRMAN McDANIEL: All right. Well, let's go ahead and
set our agenda.
Commissioner Saunders, do you have any ex parte and/or
adjustments to the agenda?
COMMISSIONER SAUNDERS: No ex parte and no
additional adjustments to the agenda. Thank you, Commissioner
Chairman.
CHAIRMAN McDANIEL: Absolutely.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: No ex parte and no
adjustments. Thanks.
CHAIRMAN McDANIEL: Commissioner Kowal.
COMMISSIONER KOWAL: I do have ex parte on 9B,
meetings; 9C, meetings; and no other.
CHAIRMAN McDANIEL: Okay. Commissioner Hall.
COMMISSIONER HALL: I have ex parte on 9B and 9C and
no others.
CHAIRMAN McDANIEL: And I, myself, have ex parte on
9C. 9C, I have emails and phone calls and no other adjustments.
So with that, I'll call for a motion to set the agenda as amended.
COMMISSIONER SAUNDERS: So moved, Mr. Chairman.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
the agenda be accepted as amended. Any other discussions?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
December 13, 2022
Page 12
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
2A.
*****
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
December 13, 2022
Add-On Item 10B: Recommendation to receive an update on the current status of the proposed State
Veterans’ Nursing Home and the next steps in Collier County’s formal recognition as the next site for
construction. (Commissioner Saunders’ Request)
Add-On Item 11D: Recommendation to certify the existence of a valid public emergency for surveying,
design, permitting, and post-design services required for the construction of an emergency berm necessary
for protection of upland structures left vulnerable by Hurricane Ian, and to approve the issuance of a
standard County work order to APTIM Environmental and Infrastructure, LLC for an expenditure of
funds for those services in a not-to-exceed amount of $187,636.25. (Staff’s Request)
Continue Item 16C1 to the January 10, 2023, BCC Meeting: Recommendation to approve an Agreement for
Sale and Purchase with WISC Investment Company, LLC, for 0.39 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $422,600. (District 1) (Commissioner Saunders’,
Commissioner McDaniel’s, and Commissioner LoCastro’s Separate Requests)
Continue Item 16F5 to the January 10, 2023, BCC Meeting: Recommendation to authorize expenditures
through an Exemption from the Competitive Process to J.W. Marriott Marco Island for tourism
promotional expenses up to $100,500 per year for a five-year period and to make a finding that this
expenditure promotes tourism. (All Districts) (Commissioner Saunders’, Commissioner McDaniel’s, and
Commissioner LoCastro’s Separate Requests)
Continue Item 16F6 to the January 10, 2023, BCC Meeting: Recommendation to authorize expenditures
through an Exemption from the Competitive Process to Visit Florida for destination marketing programs for
a five-year period in the amount of $150,000 per year and to make a finding that these expenditures promote
tourism. (All Districts) (Commissioner Saunders’, Commissioner McDaniel’s, and Commissioner LoCastro’s
Separate Requests)
Notes: The Oath of Office for newly elected Commissioner Hall, District 2, and Commissioner Kowal
District 4, to be administered by the Honorable Joseph G. Foster, Circuit Court Judge, 20th Judicial Circuit
will immediately follow the Invocation and Pledge of Allegiance.
TIME CERTAIN ITEMS:
Companion Items 9C, 9D, 11B, and 11C to be heard no sooner than 1 PM: Brightshore Stewardship
Receiving Area (SRA) Zoning Overlay, Community Development District, Developer Agreement, and
Utilities Agreement.
1/9/2023 11:25 AM
December 13, 2022
Page 13
Item #2B
REGULAR BCC MINUTES FROM NOVEMBER 8, 2022 –
MOTION TO APPROVE BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER SAUNDERS – APPROVED
AS PRESENTED
MS. PATTERSON: Commissioners, Item 2A1 is the
November 8th, 2022, BCC meeting minutes.
COMMISSIONER LoCASTRO: Motion to accept.
CHAIRMAN McDANIEL: It's been moved to approve.
COMMISSIONER HALL: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the minutes as printed. Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #2C
BOARD TO APPOINT ITS MEMBERS TO THE COMMUNITY
REDEVELOPMENT AGENCY, THE TOURIST DEVELOPMENT
COUNCIL, THE COMMUNITY AND ECONOMIC
DEVELOPMENT BOARD, THE AFFORDABLE HOUSING
December 13, 2022
Page 14
ADVISORY COMMITTEE, THE PUBLIC SAFETY
COORDINATING COUNCIL, AND THE SOUTHWEST
FLORIDA REGIONAL PLANNING COUNCIL - MOTION
APPOINTING COMMISSIONER MCDANIEL AND
COMMISSIONER KOWAL TO THE COMMUNITY
REDEVELOPMENT AGENCY BY COMMISSIONER
LOCASTRO; SECONDED BY COMMISSIONER SAUNDERS –
APPROVED; MOTION APPOINTING THE OUTGOING
COMMISSION CHAIRMAN ON A ROTATIONAL BASIS TO
THE TOURIST DEVELOPMENT COUNCIL BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER SAUNDERS – APPROVED; (APPOINTING
COMMISSIONER MCDANIEL); MOTION APPOINTING
COMMISSIONER SAUNDERS TO THE COMMUNITY AND
ECONOMIC DEVELOPMENT BOARD BY COMMISSIONER
MCDANIEL; SECONDED BY COMMISSIONER HALL –
APPROVED; MOTION APPOINTING COMMISSIONER HALL
TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE
BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – APPROVED; MOTION
APPOINTING COMMISSIONER KOWAL TO THE PUBLIC
SAFETY COORDINATING COUNCIL BY COMMISSIONER
LOCASTRO; SECONDED BY COMMISSIONER SAUNDERS –
APPROVED; MOTION APPOINTING COMMISSIONER
MCDANIEL WITH COMMISSIONER LOCASTRO AS BACK-UP
TO THE SOUTHWEST FLORIDA REGIONAL PLANNING
COUNCIL BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: Item 2A2 is a recommendation that the
Board appoint its members to the Community Redevelopment
December 13, 2022
Page 15
Agency, the Tourist Development Council, the Community and
Economic Development Board, the Affordable Housing Advisory
Committee, the Public Safety Coordinating Council, and the
Southwest Florida Regional Planning Council. And we will be also
setting a date that those become effective proposing January 1. I
don't believe we're having a TDR meeting prior, which was the only
outstanding question.
CHAIRMAN McDANIEL: There's an RPC meeting, I think,
coming up next week.
MS. PATTERSON: But you're the sitting member?
CHAIRMAN McDANIEL: I am.
MS. PATTERSON: So the only issue was that we had a
vacancy because of Commissioner Solis in the TDC.
CHAIRMAN McDANIEL: Gotcha. Depending on how we
ask -- Commissioner LoCastro, you have a comment?
COMMISSIONER LoCASTRO: Yeah. I just -- you know,
I've had two years of experience sitting on three of these five
committees that are listed, or being part of three of the five. And
just a comment, a personal opinion, you know, before we sort of
decide, you know, who's interested in what committees.
You know, I personally think that when I look at my experience
in the Affordable Housing Advisory Committee especially, and also
the Public Safety Coordinating Council, it was -- I've learned -- I
learned so much in two years but also you have to remember that
we're just one of the attendees of the committee. We're the one
commissioner who attends. The committee is filled with people who
serve for a lot longer.
So the ability to learn a lot in these committee meetings is great
for the commissioner, but for the committee members who serve for a
much longer time, the chance for them to get to know a
commissioner a lot better is also very valuable.
December 13, 2022
Page 16
So you know what, I feel on these committees in the past
sometimes as a citizen following, you know, what commissioners
were on what committees, it seemed like the commissioners sort of
all had first right of refusal. Hey, I've served on the committee five
years. I'd like to continue for another year and then, you know,
everybody else, many times, was silent, and then that person just got
to automatically serve.
This is just my own personal opinion before we open it up for
discussion. But I don't think these should be Supreme Court
appointments. I'd love to see another commissioner up here get a
year or two of experience on the Affordable Housing Advisory
Committee, on the Public Service Committee, on the TDC so that,
you know, we can add to our tool bag and not just have it be sort of a
permanent type thing.
And they all weren't, so I'm not sitting here lumping everything
in. But I just know what I learned on the three committees that I was
a part of, and it was very valuable. But I personally would like
somebody else to have that chance, and I would like to learn
something new and also meet other committee members and have
them get to know me. And I think this is a chance to really put some
thought into these different committees, because they're very
important.
You know, one point of order is we just had an MPO meeting in
here, you know, not too long ago, and Commissioner McDaniel, you
know, graciously volunteered to be the commissioner representative
on the MPO advisory committee, and Commissioner Saunders is the
deputy or alternate, I guess. So there's other committees out there
other than what we just state here.
So just, as we sit here and sort of talk about the ones that we
would like to be on or we'd like to stay on them, let's also think this is
an opportunity to really spread the wealth and add to our educational
December 13, 2022
Page 17
base. Maybe, you know, veer toward something maybe you don't
know as much about, because I certainly learned a lot in the
committees I was on, and I'm looking to, you know, give somebody
else, you know, that chance rather than just kind of make it the way
that it happens in Washington, D.C., where, you know, you sit in the
chair position until eternity or until somebody can dethrone you, and
that's not what these committee positions are. So we have an
opportunity here, especially with two new commissioners, to really
have a mature and professional conversation to see how we can
divide and conquer but also steer our strengths and our weaknesses to
committees that represent a very important role, you know, in our
community.
CHAIRMAN McDANIEL: You know what I heard out of all
that?
COMMISSIONER LoCASTRO: What was that?
CHAIRMAN McDANIEL: Let's nominate the new guys.
COMMISSIONER LoCASTRO: No, no, no, absolutely not.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm glad you said that,
because I was contemplating nominating one of the new guys.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: Let's start with the -- unless you
have --
COMMISSIONER SAUNDERS: Yeah. During some of my
conversations with the candidates and then the newly elected new
commissioners, I learned that Commissioner Hall has had a lot of
experience with affordable housing and workforce housing. And I
just want to throw out that we don't have to have someone who's had
a lot of experience up here to serve on a committee like that.
And so my question to Commissioner Hall is whether he'd be
interested in doing that, because I know you had expressed a desire to
December 13, 2022
Page 18
work in that kind of an area, and this would give you an opportunity
to find out real quickly where we are, and then you could help us get
to where we need to be. So that was just a thought, and if that's
something you would be interested in --
COMMISSIONER HALL: No, absolutely. I've already
thought about it.
COMMISSIONER SAUNDERS: Especially in light of
Commissioner LoCastro indicating that he's ready to move on to
something else. And I think that would be a really good fit.
CHAIRMAN McDANIEL: If it pleases the Board, I'd like to
take these in order, and then we'll nominate -- we'll make sure
Mr. Hall gets nominated for that affordable housing.
COMMISSIONER SAUNDERS: Okay. I just wanted to
throw that out for the new commissioners that --
CHAIRMAN McDANIEL: I like the idea. I like the idea.
COMMISSIONER SAUNDERS: But feel free to volunteer to
serve on any of these, and you don't have to have been up here for a
while to do that. That's the point of that.
CHAIRMAN McDANIEL: All right. Well, let's -- let's go
back to the list here.
And the CRAs, the Community Redevelopment Agencies, there
are two, and -- three, actually, in Collier County, two of which reside
in District 4 and one of which resides in District 5. I'd be happy to
continue to stay on as the representative for the CRA, and I'd like to
ask Commissioner Kowal if he would assume that duty for the other
two CRAs that are existent in District 4.
COMMISSIONER KOWAL: Yeah, I'd be happy to accept
that.
CHAIRMAN McDANIEL: Do we need to vote on these things
individually or just do head -- yeah.
COMMISSIONER SAUNDERS: Individually is easier.
December 13, 2022
Page 19
CHAIRMAN McDANIEL: It's been moved and seconded that
I do the CRA and Commissioner Kowal do the CRA. So it's been
moved. I don't know if anybody's seconded. Did you second it,
Commissioner Saunders?
COMMISSIONER SAUNDERS: I will now.
CHAIRMAN McDANIEL: It's been moved and seconded.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
All right. Next is the TDC, the Tourist Development Council.
COMMISSIONER LoCASTRO: Can I make a comment? I'll
push my button.
CHAIRMAN McDANIEL: Sure, please.
COMMISSIONER LoCASTRO: I had a really interesting
meeting with our County Attorney on all these committees, but he
brought up a point on the TDC that I thought was really valid where
he said, you know, all these committees are very important and
influential, and this one specifically has a lot of significant
importance to the community as a whole. And I don't know,
Mr. Klatzkow, if this was something that was kicked around or if it
was just more of your opinion, but if you could maybe give your
perspective on this committee in particular and maybe what
was -- had been talked about in the past and see if it has merit or
December 13, 2022
Page 20
support from the current commissioners.
MR. KLATZKOW: Over the years, this has been the most
hard-fought committee for the commissioners to get on, and over the
years there have been some difficulties on getting somebody
appointed here, because multiple commissioners would want it. And
Commissioner Saunders had, I thought, a brilliant idea of just having
the Chair go sequentially by district number. It eliminated all of
the -- all the fight and the anger.
And for something like the TDC, you could do the same thing.
You could simply rotate it on an annual basis based on the
commission district, either starting with the Chair or starting with the
Vice Chair, however you wish to do it, but it would end what I've
seen as unseemly discussions by the Board as people try to get on the
committee or people were trying to stay on the committee over the
years.
COMMISSIONER LoCASTRO: The other thing I wanted to
add that you clarified -- because I served for two years on the three
committees that I was on, but correct me if I'm wrong, the -- there
are -- these are one-year terms. So I guess at the 12-month point, I
probably did what has happened up here for years which is, yeah, I'd
like to just stay on the committee, and then nobody objects, it's
automatically voted on. But correct me if I'm wrong, none of these
committees are two- or three-year terms, right? They're all
12-month terms?
MR. KLATZKOW: Yes, sir.
COMMISSIONER LoCASTRO: Right. Okay. And so, you
know, that's a thought there, too, that, you know, we've had
commissioners in the past, you know, that have served an extended
amount of time. And if there's reason for it, somebody's expertise,
but your idea -- and I think it had been -- you educated me that, you
know, the Chair -- rotation of the Chair. And not just because I'm
December 13, 2022
Page 21
going to be the Chair next. I mean, we were having a conversation
about all the committees. But I just wanted, you know, my fellow
commissioners to hear, you know, your thoughts on that because I
thought it had a lot of merit.
CHAIRMAN McDANIEL: Commissioner Hall.
COMMISSIONER HALL: Yeah. I just wanted to add, I love
the thought of rotating. I love the thought of not sitting there
forever. I do have certain interests that I would like to begin with
but, at the same time, you know, the other committees, to be able
to -- whether I could input or not or add to that committee is really
secondary to my willingness to learn and my willingness to be able to
serve the public in different areas, so I'm in agreement with the
County Attorney and Rick's comments.
CHAIRMAN McDANIEL: Well, personally, I would -- I don't
think the Chairman -- one of the thoughts -- because I have an
interest in being on this committee. I've had that since
Commissioner Solis announced his not seeking reelection. So how
about if we -- on a similar rotation basis, the outgoing Chair moves
into the TDC, and then -- and we go that way? How do you feel
about that? That way there it takes the discussion out, and the
outgoing chair -- I'll serve on the TDC this year. You'll get it,
assuming you stay along, and do your thing.
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN McDANIEL: How do you feel about that?
COMMISSIONER LoCASTRO: That's certainly an option. I
like what the County Attorney said more, not for selfish reasons, but I
just think putting it on the rotation of the current chair. I mean, I
know you have a great desire to be on that one for -- you know, for
different reasons, possibly. But, you know, I like taking all the
personalization out of it --
CHAIRMAN McDANIEL: Absolutely.
December 13, 2022
Page 22
COMMISSIONER LoCASTRO: -- and popularity contest type
of thing of who wants it more and just putting it on a rotation with the
current chair.
CHAIRMAN McDANIEL: How do you feel about that,
Commissioner Kowal?
COMMISSIONER KOWAL: I'm -- I like both suggestions.
You know, I mean, like I said, I'm new to this. I'll tell you, I don't
want it, so --
CHAIRMAN McDANIEL: I'll make a motion --
COMMISSIONER KOWAL: So you can eliminate me, and
then you guys figure it out from there.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I do like the idea of the
rotation. The question we're dealing with now is when -- where do
we begin that rotation? Do we begin it with the outgoing chairman,
or do we begin it with the incoming chairman? And I know,
Commissioner McDaniel, you've been looking for this for about a
year now.
CHAIRMAN McDANIEL: More, but yes.
COMMISSIONER SAUNDERS: And so -- and Commissioner
LoCastro, this is certainly no aspersion in any way, it's just, you're
going to have your hands full here getting started real quick. And so
I think having Commissioner McDaniel start that rotation the way he
had said it, the outgoing chairman, so it's District 5, and then after
that it's District 1, I would support that based on the history of this
and the fact that Commissioner McDaniel has been vying for this
now for a little over a year.
CHAIRMAN McDANIEL: And --
COMMISSIONER SAUNDERS: And I think -- I think the
incoming chairman is always going to have a pretty big plate --
CHAIRMAN McDANIEL: I agree.
December 13, 2022
Page 23
COMMISSIONER SAUNDERS: -- full of issues.
CHAIRMAN McDANIEL: I agree. And my thought is -- and
it's something for us to remember. We are technically liaisons of
this board to these individual committees. Everything that these
committees do is a recommendation to this board of county
commissioners for the ultimate decision. So it's an avenue for us to
reach out and --
COMMISSIONER SAUNDERS: Just one other comment, if I
might. All of these committee meetings are advertised public
meetings.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SAUNDERS: So any commissioner can
attend it. It's not one of those things where only one commissioner
can be there.
So I would encourage all commissioners to attend whatever
meetings they are interested in. But I think that that -- starting that
rotation is --
COMMISSIONER LoCASTRO: I would agree with your
comments. My biggest thing wasn't, like, what name was going to
be on the TDC, but I liked the idea of the rotation, so...
CHAIRMAN McDANIEL: I do, too.
COMMISSIONER LoCASTRO: And I also like the idea that
we unanimously, you know, collectively, support a decision, you
know, to go one way and not sit here and sort of split hairs on
something. So I would, you know, support a rotation regardless of
what chair. And also you could make the case as the outgoing chair
you have a lot of stuff in your tool bag that you learned in the last
year, and if the TDC is one of the more heavy committees where you
need a lot of experience, then, obviously, you're walking into that
first meeting with one year of chairmanship under your belt. And I
would do the same in 12 months, and then Commissioner Hall would
December 13, 2022
Page 24
do the same, you know, right after. So I really -- I really like that
idea, so...
CHAIRMAN McDANIEL: I make a motion that we do that,
rotate the outgoing chairman of the Board into the seat of the liaison
on the TDC.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: It's been moved and second. Is
there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Community -- Community and Economic Development Board.
Commissioner Saunders is ready to hit his button.
COMMISSIONER SAUNDERS: Yeah. Mr. Chairman, I've
never served on that committee and certainly would have an interest
in that. I'll defer to other commissioners if there's other interest.
CHAIRMAN McDANIEL: I'll make a motion Commissioner
Saunders --
COMMISSIONER SAUNDERS: I would have an interest in
serving on that.
CHAIRMAN McDANIEL: It's been moved that Commissioner
Saunders --
COMMISSIONER HALL: Second.
CHAIRMAN McDANIEL: -- serve on that committee. It's
December 13, 2022
Page 25
moved and seconded. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Let's do the Affordable Housing.
Commissioner Saunders has a motion.
COMMISSIONER SAUNDERS: Well, I -- it was a question,
and it sounds like Commissioner Hall would be interested in helping
us out with that issue, so I'll make that motion.
CHAIRMAN McDANIEL: I'll second it. It's been moved and
seconded that Commissioner Hall serve as our liaison for the
Affordable Housing Committee.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
December 13, 2022
Page 26
Public Safety Coordinating Council.
COMMISSIONER LoCASTRO: I'll have a -- can I make a
comment on that one?
CHAIRMAN McDANIEL: Yeah, please.
COMMISSIONER LoCASTRO: This one might be easy to
just nominate Commissioner Kowal, but I think I've served on that
committee for two years, and I bet I still know less than -- I know I
know less about the Sheriff's Office and everything that he's, you
know, dedicated his life to here in Collier County. So although it
might be easy to say -- nominate him and have him sit next to Sheriff
Rambosk, which he did for many years, and Colonel Bloom, you
know, I stated in the beginning, I think rotation is important, but I'd
be willing to stay on that committee for another year, but I also defer
to, you know, Commissioner Kowal. I mean, I am in no way
disparaging. Like, you know, you're overqualified for it. If you
think that that's one that has caught your eye and you think, wow, I'd
really like to sit in that meeting as a commissioner and not as a
patrolman, and I really could do a lot, that is a very, very important
committee. You sit next to the Sheriff. You sit next to Amira Fox,
Scott Burgess from David Lawrence Center, and a lot of key people;
judges.
And so, you know, I just open it up for discussion. I'd be
willing to continue for a third year, but I certainly am not here to
fight anybody for the seats. And, you know, you've just taken a
position in the CRA, so, you know, you're participating there. But if
this is also a committee that is one that you've zeroed in on for very
particular reasons, then, you know, I defer to what your comments
are.
COMMISSIONER KOWAL: Yeah. I definitely feel this is in
my wheelhouse. And I am -- this is all new to me. This is a new
job, and I'm learning on the job. So I think I have enough
December 13, 2022
Page 27
experience in that area that, you know, being part of that would be
important. And I think I owe that to my brothers and sisters in
uniform in EMS, law enforcement, and every other part of public
safety here in Collier County if I can make sure we can continue the
services that they provide through my help and my -- you know, my
experience.
COMMISSIONER LoCASTRO: Well, that's what I wanted to
hear, so I nominate Commissioner Kowal for that position.
CHAIRMAN McDANIEL: Second. Love the idea.
It's been moved and seconded that Commissioner Kowal serve
as our liaison for the Public Safety Coordinating Council. I did that
my first year in as well, and it was an enormous experience, learning
experience as to the innerworkings and hidden mechanisms of our
Law Enforcement and Judicial Circuits and such.
So it's been moved and seconded for Commissioner Kowal.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
And last, but not least, the Southwest Florida Regional Planning
Council.
And Commissioner Saunders is going to get to go first.
COMMISSIONER SAUNDERS: My guess is that no one
wants to do that.
December 13, 2022
Page 28
UNIDENTIFIED SPEAKER: You're nominated.
COMMISSIONER SAUNDERS: No, I got to speak first, so
I'm going to make the nomination.
We were able to provide to the outgoing chairman,
Commissioner McDaniel, something that was on his wish list for a
couple years, and that was to serve on the TDC. And I think, as
punishment, I would nominate Commissioner McDaniel to serve on
that, again, unless somebody else wants to do it. But my assumption
is no one's going to want to do that. And you've done such a great
job with that for the last six years, eight years.
CHAIRMAN McDANIEL: Note that I've assumed the
politically correct stance.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: Oh, I'm going to say
something a little bit more complimentary, because I've been the
backup, although I've attended quite a few of the meetings.
Commissioner McDaniel, you know, maybe even unwillingly is
serving on this committee, but I will tell you in a positive way, when
I attend meetings, I mean, this committee has had some bumps in the
road, and it includes --
CHAIRMAN McDANIEL: Bumps that are potholes.
COMMISSIONER LoCASTRO: -- leaders from all over
Southwest Florida. This one's not just Collier County. And I got to
say, I've really been impressed with the lead position that you've
taken to make this committee more effective, higher participation, cut
through a lot of the bureaucracy. I mean, he has spoken his mind,
and, you know -- and this committee has needed it, because at times
the meetings, you know, when they ended, I would think to myself,
that's several hours of my life I'll never get back.
But over time, he's actually made it valuable and has given very,
very specific homework assignments and has actually done a lot of
December 13, 2022
Page 29
heavy lifting on his own to get the tarnish off of this committee and
either make it valuable or, as he said at many meetings, then let's
move on. I mean, if we're not accomplishing anything, then dissolve
it. I'd love to see him in the next 12 months, especially not having
the weight of the chairmanship on top of him, either complete the job
and make this a very viable organization or, at the end of 12 months,
say, you know, I gave it more than the college try, and this is just a
group of people having meetings to have meetings, which at times
you and I both attend and we feel that way.
So sorry for that, but I would second the motion and say, really
give it a big 12-month push. And this, correct me if I'm wrong,
is -- is this one of the nominations that does require a deputy or a vice
or backup, or that was sort of a nice-to-have?
CHAIRMAN McDANIEL: No, it does. It does, two of us.
One lead and one backup. So you want to stay on as backup?
COMMISSIONER LoCASTRO: Well, is there -- I don't see
anybody else screaming and yelling for backup. And I would stay
on as backup only because you need some backup on this one.
CHAIRMAN McDANIEL: For the record, I will continue on.
The reorganization of the Southwest Florida Regional Planning
Council is direly in need. We all know, especially us here in Collier,
that regional communication, regional planning, regional discussions,
water quality, water quantity, beaches, all of the things that we all
share with our coastal communities and those communities in -- on
the interior are requisite, and the council has evolved, is a nice way of
saying it, to a point where its functionality was certainly in question.
Several of -- that we are all, by statute, required to be a member
of a planning council, all counties in the State of Florida. And so it
needs some help. We're almost there.
I will accept the nomination, friend, and I am going to ask out
loud that I have your support as well going forward. Because it's
December 13, 2022
Page 30
going to take a louder voice in order for this to, in fact, transpire.
There's a lot of bureaucracy, especially when you move into multiple
communities and multiple counties and a lot of politicians
that -- woo.
So with that, it's been moved and seconded that I -- well,
Commissioner LoCastro, you have something else?
COMMISSIONER LoCASTRO: Well, for after the vote.
CHAIRMAN McDANIEL: Okay. It's been moved and
seconded that I stay on with the south -- RPC. We call it the
Southwest Regional Planning Council, and Commissioner LoCastro
is the backup. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
We got through that.
COMMISSIONER LoCASTRO: I was just going to end by
saying, let's remember what we talked about here in 12 months so
when we come back here, you know, if you feel like the committees
that you're on, you know, you learned a lot, then maybe that's the
time to move on and let somebody else have the chance to learn a lot.
But if there's something uniquely -- where you're uniquely qualified
or you're in the middle of something, please be very vocal and let us
know so we can really make what we just did now -- which I think
was a really informed discussion and we didn't sort of make it a
December 13, 2022
Page 31
popularity contest or, you know, whoever spoke first. So thank you.
CHAIRMAN McDANIEL: I like the idea. Like the idea.
Let's go do some fun stuff.
COMMISSIONER LoCASTRO: All right.
Item #3A1
AWARDS AND RECOGNITIONS – 20 YEAR ATTENDEES –
PRESENTED
MS. PATTERSON: Commissioners, that moves us to Item 3,
awards and recognitions. We have a number of awardees today.
Let's start with our 20-year attendees; 20 years, Jose
Dominguez, Information Technology, Manager of Customer
Relations and Application Management.
CHAIRMAN McDANIEL: Are we going to do them all at
once or just one at a time?
MS. PATTERSON: One at a time.
CHAIRMAN McDANIEL: One at a time.
(Applause.)
CHAIRMAN McDANIEL: Front and center.
(Applause.)
MS. PATTERSON: Twenty years, John Gillette Jr., Water,
Plant Operator II.
(Applause.)
MS. PATTERSON: Twenty years, Lorraine Lantz, Capital
Project Planning/Impact Fees/Program Management, Planner III.
(Applause.)
CHAIRMAN McDANIEL: As she's coming up and getting her
award, I just want to say a personal thank you to her. She does an
amazing job for our community. She gets mad at me a lot, but she's
December 13, 2022
Page 32
done an amazing job.
(Applause.)
MS. PATTERSON: Twenty years, Roosevelt Leonard, Jr.,
Facilities Manager, Review Appraiser II.
(Applause.)
CHAIRMAN McDANIEL: There you are, sir.
(Applause.)
CHAIRMAN McDANIEL: Oh, look at that. The wheels are
coming in for you, Roosevelt.
(Applause.)
MS. PATTERSON: Twenty years, Leonor Montelongo, Parks
and Recreation Supervisor.
(Applause.)
MS. PATTERSON: Twenty years, Hemantha Ranatunge.
(Applause.)
CHAIRMAN McDANIEL: I saw them moving behind you.
THE CAMERA PERSON: Commissioner Saunders, could you
move that way.
(Applause.)
Item #3A2
AWARDS AND RECOGNITIONS – 25 YEAR ATTENDEES –
PRESENTED
MS. PATTERSON: We're moving on to 25 years.
Twenty-five years, Jesus Diaz, Fleet Management Automotive
Technician II.
(Applause.)
Item #3A1
December 13, 2022
Page 33
AWARDS AND RECOGNITIONS – 35 YEAR ATTENDEES –
PRESENTED
MS. PATTERSON: And our last award, and it's a big one, 35
years. Thirty-five years, Noemi Garcia, Emergency Medical
Services Division Chief.
(Applause.)
CHAIRMAN McDANIEL: Would you like to say a few
words? Thirty-five years, you deserve it.
COMMISSIONER LoCASTRO: You'd be a four-star general
in the Air Force.
COMMISSIONER HALL: She started when she was 10.
MS. GARCIA: Three.
CHAIRMAN McDANIEL: And a couple more. Come on,
Chief -- Chiefs.
CHIEF BUTCHER: Good morning.
(Applause.)
CHAIRMAN McDANIEL: Just so you know, I offered her an
opportunity to speak, and she chose not to, so that's it.
Item #4A
PROCLAMATION DESIGNATING JANUARY 13, 2023, AS REV.
DR. MARTIN LUTHER KING JR. PRAYER BREAKFAST DAY
IN COLLIER COUNTY. ACCEPTED BY BISHOP RIC L. NEAL
AND DISTINGUISHED GUESTS – MOTION TO APPROVED BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
LOCASTRO – ADOPTED
MS. PATTERSON: Item 4A is a proclamation designating
December 13, 2022
Page 34
January 13th, 2023, as Reverend Dr. Martin Luther King, Jr.,
Breakfast Day in Collier County. To be accepted by Bishop Ric L.
Neal and distinguished guests.
CHAIRMAN McDANIEL: There we go.
How do you do, Doctor?
COMMISSIONER LoCASTRO: He's getting promoted every
five minutes here. I like that.
(Applause.)
PASTOR NEAL: Good morning. My name is Pastor R.L.
Neal. I'm the pastor of Trinity Community Church of Naples as well
as the founder and CEO of Trinity Life Foundation. That is a very
active youth program that we've developed here in Collier County.
This is our fourth installment of the Reverend Dr. Martin Luther
King, Jr., Prayer Breakfast. That is our primary fundraiser.
I want to say thank you to Chairman McDaniel, our own district,
Burt Saunders, Commissioner, and all of you for your support, and
we pray that that 10,000-square-foot building that's empty, you'll let
us have it.
COMMISSIONER LoCASTRO: Ooh.
PASTOR NEAL: A little seed.
CHAIRMAN McDANIEL: Down at the golf course.
All right. We have a presentation now.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR DECEMBER 2022 TO THE NAPLES MONEY
MANAGERS. ACCEPTED BY JOHN KINKEAD, VICE-
PRESIDENT OF WEALTH MANAGEMENT AND DAWN
LITCHFIELD BROWN, CO-FOUNDER. ALSO PRESENT ARE
MICHAEL DALBY, CEO, AND BETHANY SAWYER, VICE
December 13, 2022
Page 35
PRESIDENT OF MEMBERSHIP AND INVESTORS, THE
GREATER NAPLES CHAMBER OF COMMERCE - PRESENTED
MS. PATTERSON: Item 5A is a presentation of the Collier
County Business of the Month for December 2022 to the Naples
Money Managers. The award will be accepted by John Kinkead,
vice president of Wealth Management, and Dawn Litchfield Brown,
cofounder, and Marcus Bickle, portfolio manager/trader. Also
present is Bethany Sawyer, vice president of membership and
investors, the Greater Naples Chamber of Commerce.
CHAIRMAN McDANIEL: Perfect. Would you like to say a
few words?
(Applause.)
MS. BROWN: I get to say something. You guys can come up
behind me. Come down to the short level.
This is -- it's really an honor. I'm kind of shocked when John
told me about this. We want to thank the Greater Naples Chamber
of Commerce for nominating us.
And for me, personally, this community is very near and dear to
my heart. I came here in 1979 -- I moved here then. So I've been
here a while. We opened our company in 1987 in the Village Falls
building in East Naples. And many of you know that we believe in
giving back to our community.
But before you can expect anything from your community, we
thought we had to give first, so we made sure we were extremely
involved in as many things as possible, both politically, doing things
like getting the East Naples Civic Association back on board, capital
campaign chairman for shelter for abused women and children, the
Naples Therapeutic Riding Center. We could just name all of the
charities that we feel like we've been instrumental in helping them
grow. And with that, that has helped us grow, and it is has built our
December 13, 2022
Page 36
integrity. We respect them, and we've hopefully built respect from
the community for our company.
We're one of the few companies left, independent financial
companies. We provide financial management, financial planning,
and a great double-income strategy. I have to say that. John will
kill me if I don't say that. For the last -- well, since 1987.
Most independent companies have you been -- come and gone
during the 2008/2009, 2000/2001/2002. They've all come and gone.
There's only one really good reason we're still here, and that's
because of this community and the caliber of our -- the people that
we work with.
We bend. We try to bend, because if you don't bend, you
break, right. So you have to bend with the new times, even the
dinosaurs. I'm getting to be a dinosaur, so I'm learning from all of
our next generation that's coming up.
But most of all, it's this community who has supported us
through all these years, and this is just a really nice testament to how
much maybe you all appreciate us, and we certainly appreciate all of
you. Thank you very much.
MR. KINKEAD: Thank you.
MR. BICKLE: Thank you.
(Applause.)
MS. PATTERSON: Commissioners, before we move on to the
next presentation, could we got a motion to accept the proclamation.
CHAIRMAN McDANIEL: Oh, absolutely.
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER HALL: Second.
COMMISSIONER LoCASTRO: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the proclamation as presented. Any other discussion?
(No response.)
December 13, 2022
Page 37
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. PATTERSON: Thank you.
CHAIRMAN McDANIEL: Oh, I see the plaque now, okay.
Item #5B
PRESENTATION OF THE 2022 GREAT PLACES IN FLORIDA
PEOPLE’S CHOICE AWARD TO BAYSHORE DRIVE. THE
AWARD WILL BE PRESENTED BY WIATT BOWERS,
AMERICAN PLANNING ASSOCIATION, FLORIDA CHAPTER
PRESIDENT. THE AWARD WILL BE ACCEPTED BY KAREN
BEATTY, CHAIRWOMAN, LOCAL REDEVELOPMENT
ADVISORY BOARD, BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA. ALSO ATTENDING
WILL BE MAURICE GUTIERREZ, CHAIRMAN BAYSHORE
BEAUTIFICATION MSTU – PRESENTED
MS. PATTERSON: Item 5B is a presentation of the 2022
Great Places in Florida People's Choice Award to Bayshore Drive.
The award will be presented by Wiatt Bowers, American Planning
Association, Florida Chapter president. The award will be accepted
by Karen Beatty, chairwoman, local redevelopment advisory board,
December 13, 2022
Page 38
Bayshore Gateway Triangle Community Redevelopment Area. Also
attending will be Maurice Gutierrez, chairman, Bayshore
Beautification MSTU.
CHAIRMAN McDANIEL: Outstanding. Good morning,
Wiatt.
MR. BOWERS: Good morning, Commissioners. Thank you
for the opportunity to be here.
I'm joined by our vice president of Section Affairs, Tony
Palermo, and, as noted, I'm Wiatt Bowers, president of the Florida
Chapter of the American Planning Association, which is a
3,000-member statewide organization.
Since about 2014, we've been running a Great Places in Florida
program, and this year the chapter selected four semifinalists or
finalists and then put it out for public vote, and the Bayshore Drive
here in Collier County was selected as the People's Choice award
winner.
What we did this year a little differently is we themed -- we
decided the Great Places program needed to be a theme, and so this
year's theme was healthy places. And I think Bayshore Drive's a
great example of a smart and healthy planning community area with
the green bike lanes, for example, and the beautification efforts.
And with the strong anchors of both the cultural arts districts at one
end and the Botanical Garden at the other, it's a great example of
retrofit that you can do in a somewhat suburban context, and it's a
model that the rest of the state can look to. And so we'd like to
thank you for the opportunity and congratulate you all on this award.
CHAIRMAN McDANIEL: Absolutely.
(Applause.)
CHAIRMAN McDANIEL: Come on over. Wiatt, come on
over here front and center and make the presentation, please. I had a
minor panic attack because there wasn't -- the plaque wasn't up here,
December 13, 2022
Page 39
so I didn't know it was coming from in the back, so thank you.
MR. BOWERS: It came via my car.
CHAIRMAN McDANIEL: Ah, okay, okay.
(Applause.)
MS. BEATTY: Can I say a few words?
CHAIRMAN McDANIEL: Please. Please, please, please, if
you would.
MS. BEATTY: Karen Beatty, current chairwoman of the
Bayshore Gateway Triangle Redevelopment Agency.
I'm honored and have deep gratitude for this award, and I want
to say this award not only goes to the current Bayshore
Redevelopment Advisory Board and staff and the Bayshore
Beautification MSTU Board, but also all past boards going back to
the inception of this CRA. Also, I want -- this award goes to all
staff, CRA staff, past and present; board of County Commissioners,
past and present; Sheriff's Department, Code Enforcement, past and
present. This award goes to all of us. We worked together for a
long, long time to make Bayshore what it is today.
And I look forward to working with you further to grow
Bayshore in some wonderful ways that will be for the highest good of
the people and its citizens that live there.
CHAIRMAN McDANIEL: Thank you, Karen.
(Applause.)
CHAIRMAN McDANIEL: I'm speaking out of turn just a little
bit, but from all of us to you, past and present, thank you for what
you've done for Bayshore and the enormous improvements to our
community that have been contrived and derived by your efforts. So
thank you.
Item #7
December 13, 2022
Page 40
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Commissioners, that brings us to Item 7,
public comments on general topics not on the current or future
agenda.
Troy.
MR. MILLER: Mr. Chairman, we have 12 registered speakers
today; 11 here in the room, one online. We'll begin with Richard
Schroeder. He'll be followed by Garrett FX Beyrent.
CHAIRMAN McDANIEL: And, Garrett, if you would move to
the other podium, as the doc is getting ready to -- and, everybody, as
your name is called, if you would just take a position at the open
podium, we'll be able to move through.
Good morning, Doc.
DR. SCHROEDER: Good morning, and welcome all the new
folks. Dr. Richard Schroeder.
At the September 13th commissioners' meeting, Year 2 of a
three-year CDC grant that looks to be in the amount of about
$1.3 million was passed unanimously that supports the community
health workers for COVID-19 response. Ordinarily getting more
money to public health workers would be welcomed, but not when
the giver of the gift demands unquestioning obedience so -- to this
gift, and this obedience, through the last couple of years, has
demonstrated a lot of harm to society and caused untold suffering
worldwide.
The gift as given by the CDC requires compliance with existing
and future directions of the HHS secretary in the United States
government to enforce things like quarantine, isolation, lockdowns,
masking, all of the things that have now been proven to be harmful
rather than helpful in the -- in the recent COVID-19 debacle.
December 13, 2022
Page 41
If you haven't figured it out by now, the COVID-19 pandemic is
one of the most manipulated disease events in history, characterized
by official lies from bureaucracies like the CDC's medical
associations, medical boards, media, the W.H.O., and the like, and
treatments formulated by the people who have no direct contact with
patients such as Fauci, Gates, Eco Health Alliance, the CDC health
organization, and so forth.
One of the biggest lies the CDC told over the last two years is
that the vaccines are safe. And the evidence is now overwhelming
the whole host of new disease presentations not previously seen are
being caused by the poorly tested and probably malignantly designed
emergency use mRNA vaccines.
This -- could we have the box of chocolates back. This is
Forrest Gump's version of COVID-19 mRNA vaccine goodies.
These particular diseases are listed in the Pfizer documents as
complications of the vaccine that they tried to sequester for 75 years
but were eventually subpoenaed and plus these have high correlation
with administration of the SARS-CoV-2 vaccines.
These are decreased fertility, blood clots, sudden adult death
syndrome never before seen these vaccines were administered. And
Guillon-Barré, heart attacks, miscarriages, stroke and so forth.
Next slide, please.
This is from the Department of -- this is military data showing
healthy young recruits with dramatic increased in deaths, myocardial
disease, and rapidly growing cancers after vaccine administration.
Very unusual for young, healthy recruits, mostly male.
And Slide 3, the final slide, is from the State of Florida's data
analysis, Kyle Lamb, showing increase in excess mortality by age
group following the beginning of the vaccine administration. And
you can see that the largest hit is being taken by young people. And
I'll leave it to you to decide what may be causing this and how
December 13, 2022
Page 42
acceptance and money from the CDC plays a part in all this. Thank
you.
(Applause.)
MR. MILLER: Your next speaker is Garret FX Beyrent. He
will be followed by Dan Cook.
MR. BEYRENT: For the record, Garret FX Beyrent.
And I have two awards to be presented to our two new
commissioners. And I was told by the Sheriff's Department to give
the guy with the bushy beard -- that's Mr. Kowal there -- I'm
supposed to give him this one. These are both from our favorite
store, Walmart. But it's really interesting, because it's a failed item,
and the reason it failed was because it was too technical for people to
understand that if you want to look in the mirror, you have to take the
film off it. I looked at it and I said, I don't understand what it is
either. But in any case, I'll show you.
The Sheriff's Department thought you would be the one that
would be -- they said something about a cactus. Now, if you pull it
off -- you push the button. If you pull off the film, you get the whole
thing. You've got to pull the film off. Bad idea. Now, look into it.
See, that's your future. Look into it. Isn't that cool?
COMMISSIONER KOWAL: Yeah, it lights up.
MR. BEYRENT: I didn't get one for you. There's only two
available. The other one's for you.
CHAIRMAN McDANIEL: I don't really need to see into my
future.
MR. BEYRENT: You take the film off it, and then you push
the button, and you look into it. And you'll do anything I tell you to
do, right?
CHAIRMAN McDANIEL: There you go.
MR. BEYRENT: Isn't it cool the way you look into it?
COMMISSIONER HALL: You're way back in there.
December 13, 2022
Page 43
MR. BEYRENT: Anyhow, thank you very much.
CHAIRMAN McDANIEL: Absolutely, Garrett.
COMMISSIONER KOWAL: Thank you.
MR. MILLER: Your next speaker is Dan Cook. He'll be
followed by Desre Burski.
MR. COOK: Well, this is a good segue. I've got a gift for all
the commissioners as well, but it's in the form of a resolution from
the Republican Party of Collier County.
And I'd like to speak about, generally, the county's relationship
with the federal government and specifically the CDC, the
Department of Health and Human Services. I echo a lot of the
things that the doctor just said.
This resolution that was passed by the Republican Party of
Collier County last July notes that the World Health Organization is
attempting to establish a global governing body to respond to
so-called international health emergencies. And from my
perspective I think the connection with the CDC and possibly the
World Health Organization in collecting data regarding COVID-19,
the quarantines, potential for -- you know, the collecting of the data
from people regarding COVID-19, I see it as a violation of privacy.
I look at the Florida Constitution, Article I, Section 23, says that
every natural person has the right to be let alone and free from
governmental intrusion into the person's private life except as
otherwise provided herein, meaning except what's provided in the
Florida Constitution.
So the concern, I believe, is that by the county accepting this
grant from the CDC, are there strings attached? Are there
requirements from the CDC or the Health and Human Services
Department to relay COVID data back to the CDC? And so that's
the concern that I'd like to bring up to the Board, and I'm not sure
what is actually in this agreement. I'm not sure if it is reversible, but
December 13, 2022
Page 44
I'd just like to bring this concern to you guys to either consider
sending that money back to the CDC and saying we're not going to be
underneath the thumb of the CDC or at least just consider this in the
future when future things like this come down the ramp.
CHAIRMAN McDANIEL: Thank you.
MR. COOK: I hand this --
CHAIRMAN McDANIEL: To the Clerk, County Attorney,
either one.
MR. MILLER: Your next speaker is Desre Burski. She'll be
followed by Chris Fuller.
MS. BURSKI: Hi. Good morning, everyone.
I first want to wish everyone a blessed Merry Christmas and,
Commissioner Hall and Commissioner Kowal, congratulations. I
always appreciate this opportunity to be able to talk to you guys.
My concern is following up from the last two speakers. I would
like to request that Dan Cook and Dr. Richard and myself and any
others that are interested get to meet with you all on a one-on-one
basis because, as we all know, this is not a place for interaction. It's
for us to, you know, deliver our concerns.
We know what's happened over COVID. The last two or three
years has been hell on earth, some places worse than others. Florida,
we kind of scathed through. Governor DeSantis helped us. But I
don't believe that we should be accepting money from the CDC,
which is by way of instruction of the World Health Organization no
doubt.
My other question is, which other counties in Florida -- which
other commissioners in the counties in Florida has accepted this like
money from the CDC? I believe that this is the only one, and that
it's 67 within the whole of the United States. I would like to request
that all this money goes back and that we maintain our sovereignty.
Thank you.
December 13, 2022
Page 45
MR. MILLER: Your next speaker is Chris Fuller. He'll be
followed by Kathy Meo.
MR. FULLER: Good morning, gentlemen, and
congratulations, new commissioners.
I was living in France for a long time, for about 15 years, and
during the COVID crisis, I realized that when you're living in a
collective state, they almost unconsciously worship authoritarianism,
state power, and I realized that when we were locked in our houses
for 23 out of 24 hours a day and we needed papers to justify whatever
we're going to do during that hour outside, I realized that I didn't
want to raise my children in that, and I wanted to raise my children in
freedom.
Governor DeSantis seemed to be doing some good work here
resisting the COVID narrative, which was put together by some very
nefarious networks that include a World Economic Council, Bill
Gates and his foundation, the CDC, which is absolutely discredited.
The CDC has blood on its hands, gentlemen, and we've -- we've
watched some nice photo ops today and some handshaking and some
patting on the backs. When I -- if I'd known that Collier County was
going to be the only county in Florida to accept CDC money last
year, I wouldn't be living here.
We want to know why you took that money, and we want you to
send it back. The CDC -- think about it, look into it. You do the
work. That's not my job. That's your job. When you accept
$400,000 from somebody, you better know who you're accepting it
from, and you better know what they're buying. Now they have a
foothold in our community.
You want to talk about local liberty. This is it right now, and
this is a litmus-test issue. Line is drawn in the sand. They're
already wargaming the next plan-demic for 2025, just like they
wargamed the last one in October of 2019, and it's going to be more
December 13, 2022
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lethal.
And they're pushing right now vaccines still. Vaccines. For
six months now -- six-month-year-old [sic] children, they just last
week said, let's keep going. We need to vaccinate these healthy
children. Are you thinking men? Are you men with hearts? Wake
up. Now's the time. Decide which side you're on.
MR. MILLER: Your next speaker is Kathy Meo. She'll be
followed by Jackie Keay.
MS. MEO: Good morning, gentlemen.
I would also like to say congratulations to Commissioner Kowal,
Commissioner Hall. Thrilled you're both sitting up there. I'm
confident that you will both do what you promised to do. And us, as
your constituents, heard a lot of promises during your campaigns, and
I know you'll follow through.
So I'm really excited to have this new board up here. We're
hoping and praying for you to fight for our God-given rights.
As many of my prior speakers have addressed, there's a lot of
issues and problems in our country. But us as citizens of Collier
County, we have a lot of concerns, and it starts right here.
As many of you know, I was just reelected as the secretary of
the Collier County Republican Executive Committee. I hold myself
out as an America first, pro-God, pro-Constitution, pro-life, pro-gun,
and pro-America person/woman. I can define a woman.
So I'm very passionate about all of that, all the above, and I
believe we the people have spoken, especially here in Collier County,
through getting like-minded patriots like you folks as well as the new
three school board members, Kelly Lichter, Jim Moshier, Jerry
Rutherford, and the CCREC. This also just happened in Lee County
and their REC and Charlotte County and many, many other REC's
throughout Florida, which we plan on joining forces and have Florida
be the patriot state and have it spread throughout the rest of the
December 13, 2022
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country.
So, yes, we the people have spoken because we've had it up to
here with all of the woke ideologies, the un-American policies being
shoved down our throats by this administration from the COVID
plan-demic, the created economic crisis, the out-of-control inflation
and, of course, the border crisis, which affects all of us here.
We know they're being dropped off in the middle of the night,
every single city, county in the entire United States, our border cities
and counties. It's no longer just along the border. And the reason
why Biden hasn't visited the border is because there is no border.
So I ask your support to help us with all these requests,
resolutions. Many of us will be asking for you to fight back against
all of this tyranny and make Collier a sanctuary county for our
constitutional rights, our Bill of Rights, and we just hope all of
your -- oh, that's it -- help with all these issues. Thank you.
MR. MILLER: Your next speaker is Jackie Keay. She'll be
followed by John Harney.
MS. KEAY: Good morning, Commissioners.
My subject today is on hate, which I'm seeing a lot of in this
room. So it is a very timely subject.
Many in our country have been indoctrinated to hate other
Americans simply because of our differences. Indoctrination on this
level occurs when you have political leaders inflaming the
preexisting hatred that people hold in their hearts. Hate can only
grow in the heart of a person who hates themselves. Such hatred has
led to oppression, abusing, bullying, violence, and even murder
across our nation.
Hatred is toxic, and it perverts, destroys, and sabotages
everything good in a person's life. Hate locks you into an
every -- never-ending self-defeating behaviors. Likewise, it darkens
your souls and sends you on a downward spiral of mental, emotional,
December 13, 2022
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and physical suffering.
Such people become so miserable and hateful with age.
Prolonged hatred can lead to chronic stress, depression, lifelong
addictions, a compromised immune system, premature aging, and
death. Hatred destroys the people and relations and, essentially,
turns previously good people into agents of destruction.
Love and hate cannot exist in the same person. You're either
filled with love, or you're filled with hatred. Hatred drives you to do
evil things. Hatred is the intention to eliminate the humanity in
another person. Those with hatred in their hearts gravitate to each
other and form alliances to gain power and control via abusive, evil,
dishonest, and manipulative methods, which I see a lot in this room.
I will now paraphrase what the Bible says about hatred. First
John 4:20, anyone who says love God and hates a brother or sister is,
indeed, a liar. First John 3:15, it is murder to hate a brother or a
sister. Such people do not have access to eternal life.
Hating others is the same as hating God. Satan is hate. Loving
others is the same as loving God. Jesus is love. Love is patient,
kind, keeps no record of wrong, is protective. Love is not envious,
abusive, arrogant, rude, selfish, or easily angered. Love does not
take any delight in evil. According to the Bible, without love your
good deeds are worthless to God.
As I look across our community, I see a lot of toxic leaders
coming into power, and I don't have to identify you or call you out,
because your behaviors will call you out.
So thank you all very much.
MR. MILLER: Your next speaker is John Harney. He will be
followed by Rae Ann Burton.
MR. HARNEY: Good morning. I'm John Harney from North
Naples. I'm a member of the Affordable Housing Advisory
Committee. I also advocate for Habitat for Humanity.
December 13, 2022
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I'm here to talk about affordable housing this morning. The
Growth Management Department, Planning Commission, and DSAC
have fully endorsed the proposed Land Development Code changes.
These are designed to accelerate and provide incentives to builders
who can help us improve the current difficult environment for
affordable homes in Collier County.
There is a need across the board in our population.
Public-sector workers in the city, county, and state, healthcare
workers, hospitality and retail workers and seniors. The Census
Bureau reports that 33 percent of the county residents are over 65.
Seniors are under stress from the rising cost of property insurance,
healthcare, and food. This will make it difficult for senior
homeowners to remain in their residences. Many will have to sell
and move to pay their bills.
Seniors are the fastest growing group of homeless people in the
United States. Do we want to lose these residents who are here
today because they can no longer afford to live here? All of these
residents are valuable to our community.
Developers are working in a "let's make a deal" environment
with the county. They take a project from the beginning to the end,
and a decision is made at the end by the commissioners. This is not
a viable long-term way to develop affordable homes. It's working,
but at lower numbers than it could be otherwise. We have the
opportunity to regulate and increase the number of new multifamily
residences faster, less expensively, and with better support for our
community. Please schedule a special session for the new rules to be
reviewed and approved after consideration by the commissioners.
Thank you.
MR. MILLER: Your next speaker is Rae Ann Burton, and she
will be followed by Michael Mogil.
MS. BURTON: Good morning. My name is Rae Ann Burton,
December 13, 2022
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Rural Golden Gate Estates.
Welcome, Commissioner Hall and Commissioner Kowal. I
hope I pronounced that right.
I look forward to hearing how you vote on issues and concerns
of the taxpayers and the residents of Golden Gate Estates, whether
you will listen to the concerns of the residents and protect our quality
of life or cater to the whims of the developers to increase density,
which had already impacted our daily commute with traffic
congestion, even accidents, and endangers wildlife.
It now takes leaving at 7:00 a.m. to get here from Everglades
Road in the Estates, over an hour, due to traffic. Both Randall and
Golden Gate Boulevard are now congested at these times.
The taxpayers who pays your salary elected you to adhere to the
mission and guiding principles stated on your Commissioners'
website, but it seems the demands of the developers are adhered to
while ignoring the concerns and well-being of the residents.
The developers use affordable housing one meeting only to
remove the next meeting, stating only an option, or threaten to not
build panther corridors needed, because development has disrupted
their panther habitat, to get what they want. They disregard the
Golden Gate Estates Growth Management Plan reducing boundaries
between impacted residents and development so they can increase
their densities -- unit densities.
Commissioner web page states, mission: Deliver high-quality,
best-value public service, programs and facilities to meet residents'
needs. Residents' needs. Today and tomorrow. So far seems only
developers needs are met.
Guiding principles: Honesty, integrity, service, accountability,
quality, consistency, respect, knowledge, stewardship, collaboration,
self-initiating, and self-correcting. We live here. Most of you don't.
We pay the taxes. We elected you to protect our quality of life and
December 13, 2022
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keep the Estates rural.
Thank you.
MR. MILLER: Your next speaker is Mike Mogil. He'll be
followed by Lauren Hankley.
CHAIRMAN McDANIEL: How is the weather, Michael?
MR. MOGIL: The weather is great. Wait till the weekend.
Good morning, everyone and to the two newly elected
commissioners.
I want to talk this morning briefly about a planned development
on Immokalee Road. I believe the code number is a PUD rezoning,
2022-0003213 and 2908. It's put out by the neighborhood company.
CHAIRMAN McDANIEL: Hang on one second, Michael.
This agenda item is for today's agenda and future agendas, and if this
is an item that's coming before us --
MR. MOGIL: Well, what I want to talk about is process. I
don't want to talk about the plan itself. I want to talk about the
process.
CHAIRMAN McDANIEL: Well, you named a specific
project.
MR. MOGIL: Well, I think it pertains to all projects, and that's
the reason I'd like to talk about them. Sorry I named it, but this is
what I went to, and I want to report on it because I think it's
important. The homeowners --
CHAIRMAN McDANIEL: I'm not arguing.
MR. MOGIL: -- yeah -- were not treated well in this hearing,
and it's a GMD issue.
CHAIRMAN McDANIEL: Michael, you named a specific
project. This item is for subjects not on today's agenda or future
agendas. So if you have an issue with the process, as a lot of our
friends here have talked about in other regards, speak about the
process, not about that project, please.
December 13, 2022
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MR. MOGIL: All right. Then I'll speak about something
different.
CHAIRMAN McDANIEL: How about the weather?
MR. MOGIL: Well, I want to talk about the weather.
CHAIRMAN McDANIEL: Okay.
MR. MOGIL: Well, no, that's going to be on a future agenda
item, too. I'm really putting my foot in my mouth here.
I'm just going to make an offer, then, and I'll come back at
another time with a more general thing. You mentioned the
Regional Planning Council.
CHAIRMAN McDANIEL: I did.
MR. MOGIL: I'm willing to -- even though I'm overloaded, I'm
willing to put my name out to be a community representative on that
and share my meteorological, climatological, and other expertise with
the council if they wish.
CHAIRMAN McDANIEL: Outstanding.
MR. MOGIL: No obligation required.
CHAIRMAN McDANIEL: Well, it does require a
gubernatorial appointment, so -- but I'll help you through that process
and make sure you're on the list.
MR. MOGIL: Oh, I didn't want to go that far. I just wanted to
help out.
CHAIRMAN McDANIEL: You have to take the need.
MR. MOGIL: I don't like bureaucracy.
CHAIRMAN McDANIEL: Join the crowd, my friend. Thank
you.
MR. MOGIL: Okay. Thank you, all.
MR. MILLER: Your next speaker is Lauren Hankley. She'll
be followed on Zoom by Elizabeth Radi.
MS. HANKLEY: Hi, good morning. I don't usually get
involved in local politics, for obvious reasons. I am a very busy
December 13, 2022
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stay-at-home mom of three kids five and under. My husband is in
leadership at a local hospital. He's an executive.
And I wanted to speak about the difficulty that we've found
becoming permanent residents of Collier County. We moved here
from Clearwater in May of this year. We were outbid multiple times
on homes, and we were unable to buy a home. We ran out of time.
So from there we had to find a rental with three kids.
We were discriminated against blatantly, told multiple times that
we won't rent to a family with young kids. Our place isn't
appropriate for young kids. The neighbors downstairs will
complain.
So we had to rent a place that was going to undergo renovations.
Now, as we're moving out of there because snowbirds are moving in
in January, we're moving to a place that won't do a lease term longer
than six months, and it's $2,700 a month.
Now, we make over six figures. My husband's got a good job.
We have no debt. We have great credit scores. And I wanted to
come here today -- it was extremely difficult to come here today, to
be here today. I probably won't be back just because you can see it's
very difficult.
But I represent a lot of different constituents who are at work,
who are stay-at-home moms who can't make the time to come here
on a Tuesday at 9:00 a.m. to speak to you about the seriousness of
what's going on in our community and how difficult it is to create a
stable life for our children when we have to consistently [sic] move
and try and figure out which six-month lease or which three-month
lease or whatever they're going to allow us to do we're going to go to
next. We are not people who ask for handouts from the government.
We're not people who are looking to the government to get involved
in our lives. But whenever the community is being overtaken by
investors and we can't -- thank you.
December 13, 2022
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CHAIRMAN McDANIEL: Now, how's that for a County
Attorney? I'm going to give him a round of applause.
(Applause.)
MS. HANKLEY: And we can't become permanent residents
here despite our willingness to, despite the hard work. I was a
paramedic. I would work overnight on an ambulance. I would
work in an office during the day. My husband, he's worked three
jobs at some times to get our financials in a place to where we should
be able to live here. But even with our circumstances, we're having
a hard time. So I can't imagine for people who don't have two
parents in the home.
For people who just physically can't get here today, I wanted to
come here despite how hard it was just to represent on their behalf
that the sampling here is biased. People who can be here are here.
So I just wanted to be a reminder that we're out here.
CHAIRMAN McDANIEL: Thank you.
MS. HANKLEY: Thank you.
MR. MILLER: Your final registered speaker for Item 7 today
is Elizabeth Radi.
Elizabeth, you should be prompted to unmute yourself, if you'll
do so at this time.
And there she is.
Elizabeth, you have three minutes.
MS. RADI: Hi. Good morning, Commissioners.
First off, I wanted to vocalize my concerns about the affordable
housing appointment. I, as acting head of the Collier County Tenant
Union, of course, want to work with everybody. But when I'm
blatantly told that if I can't afford to live here, then I should move by
the commissioner that you are actually appointing to the Affordable
Housing Committee, that's a problem.
I would, honestly, you know, like to know what somebody who
December 13, 2022
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doesn't think that if I can [sic] afford to live here that I should move
is going to bring to the table to affordable housing, and how is that
going to represent anybody in my situation or who I represent?
I am advocating for affordable housing. I have people left and
right calling me every day asking for help because they're not given
any notices. There's no affordable housing. You guys have no
actual short-term solutions, and your long-term solutions are between
three to five years. There's nothing.
And it's very concerning to me that we would just turn around
and decide, hey, you know, let's just skate it down the road. Let's
just ignore what's happening.
There are so many things that people are trying to bring to you
and bring to the table that you're ignoring, that you're continuously
just passing the buck to, continuously passing it to the next meeting,
after the next meeting, after the next meeting, and nothing is getting
done.
As I said before, the definition of insanity is doing the same
thing over and over again and expecting a different outcome. But
what's even worse than that is when you pretend to want a different
outcome but yet still want the same thing. And that is what we see
from our board members. The hope that our community is losing
and the faith that we're losing in you is drastic.
We -- a lot of the community are living in their cars. My actual
resident doctor asked me if I could help him find an affordable place
to live. Now, that should tell you something. That's pretty scary
when your resident doctor can't find a place to live. We, as a
community, need to start coming together, and we need to start
working together. And we need to do it not with agendas, not with
ulterior motives, not with what is going to promote each other and
make money for each other, but really because we need to meet the
needs of those in our community, all of the needs, and right now our
December 13, 2022
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commissioners are not doing that. The past commissioners have not
done that. And based on the personal things that I've seen from, you
know, real estate agents, they're not interested in doing that either.
So, honestly, where are --
CHAIRMAN McDANIEL: Thank you, Elizabeth.
MS. RADI: -- the affordable housing going to be living?
CHAIRMAN McDANIEL: Elizabeth, Elizabeth, thank you.
Your time is up.
MR. MILLER: That was our final speaker under Item 7, sir.
CHAIRMAN McDANIEL: Well, and that takes
us -- Commissioner Saunders has a comment, and then we're going to
take the court reporter's break.
COMMISSIONER SAUNDERS: I'll take less than a minute.
There's been a lot of conversation about the CDC grant that the
county had accepted, and I'd like to have all the facts on the table.
When this grant came up, we did have staff talk to us about what
that money was going to be used for and what the strings -- what
strings were attached with it. So I think -- especially for the benefit
of the new commissioners, I think we need to have staff give us
another analysis of what that grant was, because I don't think it's
anything sinister. My recollection is that it's providing a lot of
funding for -- not for COVID, but for a lot of folks that need some
healthcare from our Health Department beyond that.
So if you could arrange for that this morning or this afternoon,
just five minutes on what that grant was, if we did something that was
inappropriate in accepting it, then I want to know that. I don't think
that's the case, so I just want everybody to hear all the facts.
MS. PATTERSON: Absolutely. We're working on that right
now.
CHAIRMAN McDANIEL: Quick report this afternoon when
we come back?
December 13, 2022
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MS. PATTERSON: Sure.
CHAIRMAN McDANIEL: Got it? You got it?
COMMISSIONER LoCASTRO: Yeah, I got it.
CHAIRMAN McDANIEL: I saw you. You don't need a
strobe down there. I saw you light up. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I just wanted to add
to that -- and I had already sent a note to the County Manager that
added to that, I mean, the point was made that no other county in
Florida accepted the money, which I'd be flabbergasted if that was
the truth. But if it is, I'd like to correct -- I'd like to know that fact at
this -- before this meeting's over if -- and that shouldn't be hard to
confirm.
Totally different topic, but I do want to amend the record. I did
have some disclosures. 9B and 9C. I had meetings and
correspondence and emails for 9B, and 9C I had meetings. So if that
could be corrected and added to the record, I'd appreciate it.
COMMISSIONER SAUNDERS: I think there may be a little
bit of confusion. The disclosures that we do at the beginning of the
meeting on the consent agenda are for items that are consent agenda.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: Other than land-use matters
that come up like the ones you're talking about --
COMMISSIONER LoCASTRO: When we get to the point,
okay.
COMMISSIONER SAUNDERS: Yeah, we have to disclose
that at that time.
CHAIRMAN McDANIEL: And I errorred [sic] this morning.
Somebody write that down, I made a mistake. And I actually called
out my disclosure on an item that we're actually going to hear, and
that was my mistake.
COMMISSIONER LoCASTRO: Well, when you did, I
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thought we were doing it, so I was -- that's why I wanted to --
CHAIRMAN McDANIEL: It was my mistake. I was nervous.
Not really.
All right. We're going to be back at 10:42.
(A brief recess was had from 10:31 a.m. to 10:45 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: Good morning, everybody. If you
would, please, we're two minutes behind, as it speaks. So let's go
forward here.
Item #9A
RESOLUTION 2022-208: REVIEW AND APPROVE THE 2022
COMBINED ANNUAL UPDATE AND INVENTORY REPORT
(AUIR) ON PUBLIC FACILITIES AND SCHEDULE OF
CAPITAL IMPROVEMENTS AS PROVIDED FOR IN SECTION
6.02.02 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE AND SECTION 163.3177(3)(B), FLORIDA STATUTES
AND ADOPT A RESOLUTION THAT UPDATES THE 5-YEAR
CAPITAL IMPROVEMENT SCHEDULES. (PL20220004369) –
MOTION TO APPROVE BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER KOWAL – ADOPTED
MS. PATTERSON: Item 9A is a recommendation to review
and approve the 2022 combined Annual Update and Inventory
Report, AUIR, on Public Facilities and Schedule of Capital
Improvements as provided for in Section 6.02.02 of the Collier
County Land Development Code and Section 163.3177(3)(b), Florida
statutes, and adopt a resolution that updates the Five-Year Capital
Improvement schedules.
Mr. Mike Bosi, your director of Planning and Zoning, will
December 13, 2022
Page 59
present.
MR. BOSI: Thank you, County Manager. My name's Mike
Bosi, director of Planning and Zoning, and here to discuss the
overview of the 2022 AUIR/CIE. It's an Annual Update and
Inventory Report.
The AUIR is a one-year snapshot in time of the projected needs
and the required capital improvements for the next five years based
upon projected population increases against BCC adopted levels of
service. It should be noted that this -- this equation changes on a
regular basis as the demand changes.
This is a report that is provided to the Board every year to make
sure that the infrastructure and services that our residents have grown
dependent upon are maintained at a specific level; that we provide for
the growth that is needed to handle our new populations without it
having a detrimental impact upon the levels of service from any
infrastructure provider.
So what's included? You've got your Category A. Those are
your concurrency facilities: Roads, drainages, potable water,
wastewater, solid waste, parks and rec, schools, and they're all tied to
your Capital Improvement Element. Your Capital Improvement
Element is a component of your Growth Management Plan. That's
the highest regulatory document that the county possesses. It
is -- it's the -- it's the system that makes sure that if a new
development comes on, there will be capacity to handle the additional
demand that's created by that new development.
One of the long-standing mantras of Collier County has been
growth was going to pay for growth; that new users have to pay their
incremental expansions for the systems to be able to handle the
additional growth -- the additional demand that they will put upon the
services.
Category B: Jails, law enforcement, libraries, emergency
December 13, 2022
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medical services, and government buildings. And we also have a C,
which is beaches and inlets. Both of the non-concurrency facilities
are a little bit different. They aren't applied at the development order
stage, but we do maintain a level of service, and the AUIR is how we
make sure that we're maintaining those adopted levels of service.
And I mentioned concurrency. And it's facilities and services
necessary to maintain the adopted level-of-service standards that are
available when the impact of developments occur, which are
contained within the CIE policies in the Land Development Code.
During this year's AUIR review with the Planning Commission,
we have not identified any modifications or any proposed
modifications to our adopted levels of service.
And then the concurrency management system is, again, part of
the Capital Improvement Element of our Growth Management Plan,
ensuring that public facilities and services needed to support
development are available concurrent with the impacts of such
development through the Concurrency Management System, or we
also call that the Checkbook Concurrency, making sure that we have
enough revenue within our checkbook to be able to provide for the
projects that we need to make sure that our levels of service are
maintained.
And where -- when you have a rezone application, we do a -- we
do a courtesy review where it's not a hard application of the capacity
that's available. It's when you have a development order, which
would be a Site Development Plan or a plat for a new residential
development, that is the actual hard application of that Concurrency
Management System.
And one of the key components to determining what is the level
of -- or what is the level of improvements that are needed is we
have -- we have to project our population out over a five- and a
10-year period.
December 13, 2022
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Per the Florida Statutes, we utilized the University of Florida's
Bureau of Economic and Business Research, commonly referred to as
BEBR, and we used the medium-range projections, but we also have
a seasonal increase. I mean, we all know in February and March that
the amount of traffic, the amount of activity within the county is
higher than what it is in, say, January.
We've arrived upon and we've had a 20 percent increase for our
seasonal population, and those numbers are field verified through trip
count stations, water-use demand, wastewater demand, solid waste
disposal, those types of things, so we make sure that we're
always -- we're always accommodating our additional seasonal
visitors and the increases in demands against our individual systems.
This here is a chart of the AUIRs back to 2017 and the amount
of population increase that we had expected. And if you look, from
2017, 2018, 2019, we were steady. We were about 1.97 to about
1.9.
And then last year BEBR's projections dropped down to
1.77 percent, and then this year they've revised it down to 1 and a
half percent population growth. Now, that is -- could be expected,
because as we grow larger in population, that percentage of increase
decreases because of the -- because of the large number that's
associated.
I mean, right now, we project a permanent population of
388,000 folks. So if you're adding 29 -- if you're adding 29,000
people, that's going to be a little bit smaller decrease than it was in
2017.
But I did find that as a curious fact that the University of Florida
is expecting our population to somewhat decrease -- our population
increases to slow down a bit, and that will be something that we will
most certainly pay attention throughout the years based upon the COs
that we're issuing but also the year-to-year repetitive nature of this.
December 13, 2022
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And this is the one aspect of the AUIR/CIE that has a true benefit.
It's an annual review. So if we see things that are anomalies, if we
see things that are starting to become trends, we can take the
appropriate actions to adjust to those.
CHAIRMAN McDANIEL: I have a quick question. How do
these numbers compare out to the model, the Collier Interactive
Growth Model?
MR. BOSI: The Collier Interactive Growth Model is a little
bit -- just a tad bit more aggressive in terms of what the expectation
of the population is, and I think you can see where
there -- sometimes, if you look at the 2021 number, the BEBR-based
projections -- and that was before the decennial census, they had
projected us at 394,000, and then after census, the 2021 census, we
realized that we had gone -- that the projection from BEBR was a
little bit -- was a little bit higher than what the reality was.
And it's actually -- I have actually spoken with David Farmer,
one of the principals for Metro Forecasting, and his personal -- his
personal opinion is the 2020 census did somewhat of an undercount.
So it's going to be interesting to see what the numbers will be from
the 2023 moving forward next year.
CHAIRMAN McDANIEL: Well, I'm aware we are relegated
to utilize the BEBR numbers and the median BEBR numbers in our
GMP and such. I just -- you and I know that that model out there
does, in fact, exist, and I just wanted to know what the comparison
was.
MR. BOSI: And then I will just let the rest of the Board know
the Collier Interactive Growth Model was a growth model that was
developed in 2008/2009 as part of the East of 951 Horizon Study
looking out how the county was going to deal with growth and
development to the east and ultimately the buildout population. And
it projects your population. It projects your square footage from
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commercial, from industrial, from institution, schools, your
infrastructure providers. And we utilize that Collier Interactive
Growth Model as the backdrop for all of our long-range plans, our
long-range transportation plans, our long-range utility plans, our
parks master plans. So we use a common -- a common number for
our population projections so we have a commonality amongst all of
our long-range plans. But it is a -- it's been a long-held additional
planning tool that we utilize.
So how do we figure out how much we build? And the easiest
example would be libraries. And it's your new population. It's
multiplied against your level-of-service standard, and that equals
your capital -- your capital improvement. So for the -- for the
five-year period, we're projecting 29,386 people.
The level of service for libraries is -- we have an adopted level
of service. For every person, we have .33 square feet of libraries.
And so you would take that standard, multiply it times your
population, and it says that we would need, over the next five years,
to maintain our level-of-service standard, 9,697 additional square
feet.
I will note that the Planning Commission did ask staff for next
year's -- next year's AUIR to examine the level-of-service standards
for libraries because of the changing nature of libraries. One of the
things that you're finding is within most library systems, you can get
an app on your phone towards where you can rent and you can
withdraw books from the library system through the apps. So you're
not physically going into the library to peruse the, you know, the
archives or the offerings. You're doing it remotely.
So that throws into question -- the Planning Commission says,
what does that really mean in terms of how much square footage do
we need to maintain moving forward? There's a lot of other things
that the libraries do in terms of providing additional computer space,
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additional children venues, those type of things that are still in
demand, but it's still -- it's an evolving equation in terms of that.
So we plan on having some analysis, some detailed analysis
when we bring the AUIR/CIE back to the Planning Commission next
year and, ultimately, the results will be provided to you for decision
makers in terms of any adjustments that may seem appropriate for the
level of service standard.
But it's not only population. Population is a key metric,
obviously, for levels of service, and it's based upon -- for most
facilities, but there are exceptions. Road and Bridges, they actually
use traffic counts, and it's collected multiple times throughout the
year, but it also has a reserve capacity for a trip bank for projects that
we know that are approved that have not been developed yet that still
have residential units associated with them. That becomes part of
that background -- the background number so we can make an
accurate determination as to how much volume is there left within the
transportation system based upon that reserve capacity as well as the
trip counts that we have.
Within wastewater and water, it's a combination of historical
demand usage, population projections, plus an additional capacity
where the Board of County Commissioners has said we want to make
sure that we can flush the toilet when we need to flush that toilet. If
you have to wait for a swing to open up at your park, that's one thing,
but if you can't flush your toilet when the need's there, that's a much
different thing. So there's some additional capacity that's
incorporated withinto the level-of-service standards for our
wastewater and water.
CHAIRMAN McDANIEL: Before you go forward, I just want
to ask a quick question. How does the AUIR feed into the CIE, the
Capital Improvement Element? How does that data feed into the
Capital Improvement Element known as the CIE?
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MR. BOSI: The AUIR has, like I said, your Category A, your
Category B, and Category C. We take the Category A facilities that
are being proposed, and that's what makes up our CIE, which we
amend on an annual basis.
So the Category A facilities from within the AUIR are extracted,
put into a resolution, and that comprises our update to our Capital
Improvement Element.
Stormwater, we have basin studies from the water management
plan that sets a baseline. And then we have solid waste; we have
landfill disposal capacity. I won't take too much of the thunder away
from our Public Utilities Department, but I always talk about, you
know, people sometimes criticize government as inefficient, but I've
been working on the AUIR/CIE since 2007. In 2007/2008, it was
estimated that we were going to run out of landfill by 2017. By
2017. And that -- trying to sit a landfill, you think some uses are
tough to propose next to a property owner. Suggest a landfill, and
you can realize the NIMBY-ism.
Our Utilities team has taken that -- through system expansions
and working with Waste Management, they've extended the life of
that landfill to 2062. 2062 is when -- and I think they're soon to start
to talk to the Board about having to sit a new landfill, because it takes
that long of an effort.
But think about how much of a benefit that was provided over
this last decade of taking a facility that we thought we were going to
be out by 2017, and we've extended it now past 2060. So I think
that's one of the great examples of what local government can
provide in an efficient manner, you know, to the citizens of the
county.
And then we have our -- we have our coastal zone, which is our
adopted master plans and sustainable standards for our beaches. We
understand that that has taken on quite a hit based upon the recent
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activities of a couple months ago, but we most certainly provide for a
schedule for how that renourishment's going to happen.
Too much of an eye chart here. Just to let you know, the
projects that are contained within our CIE right now, 1,643,958,531.
That's the price tag associated with the planned improvements over
the next five years within our Capital Improvement Element.
The specifics of it, we're going to have presentations from our
Category A facilities after my overview's done, and they'll get into
some of what the "do" is within the schedule of capital improvement
programs.
And then, ultimately, the staff and the Planning Commission's
recommendation to the Board of County Commissioners. And,
Commissioner Hall and Commissioner Kowal, the Planning
Commission makes recommendations to the Board, and the Board
makes the final decision, and they -- their recommendation was that
the BCC approves the 2022 AUIR, approve the Category A, B, and C
facilities relative to project and revenue sources; that the BCC
approve the Category A facilities and the Schedule of Capital
Improvements updated for the CIE resolution, and find that there's no
inconsistencies with the Collier County Public Schools capital
improvement program and their facilities work plan.
The school district adopts their plan in September. We just
recognize that there's no inconsistencies, and we identify if there
were inconsistencies. But we recognize there's no inconsistencies
between their Capital Improvement Element and our Capital
Improvement Element.
And then from that, like I said, we have individual department
heads to be able to provide an overview of their proposed
improvements, and the first will be Ms. Trinity Scott related to
Transportation and Stormwater.
And any questions that the Board may have related to the
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overview?
CHAIRMAN McDANIEL: No one's lit up.
MS. SCOTT: Good morning. I need to "drive" a little bit
here. It would help if I could see, too. Sorry about that delay.
Trinity Scott, department head for Transportation Management
Services.
I want to start with the Road and Bridge section. Why we do
the AUIR specific for the road section is it allow us to plan for our
limited resources, maintain our level of service for key facilities, and
also, as Mike talked about, leads right into our schedule of capital
improvements.
So our adopted level of service for transportation for facilities
that have been six-laned is a Level of Service E. I use this graphic
because it allows folks to see what kind of the differences are
between Level of Service A through F. So Level of Service A is free
flow, not a lot of folks out on the road, not a lot of vehicles on the
road, where a Level of Service F is congestion. You know, gridlock.
Our adopted level of service for facilities that have not been
widened to six-lane is a Level of Service D. This allows us time to
be able to have the facilities come online.
So what does this mean? You hear a lot of things about traffic,
a lot of concerns about traffic. January, February, we get the influx
of seasonal residents, and certainly we feel that pressure when we're
sitting for that extra traffic signal or two. But we do not build our
roads to accommodate peak season. I'm going to quote a
predecessor of mine, Norman Feder. He was the former Collier
County transportation administrator. "We do not build our roads for
Easter Sunday." We build our roads to accommodate the traffic for
the remaining portion of the year.
We assess our level of service in what we bring with the AUIR
based on the p.m. peak hour/peak direction during nonseasonal times.
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So for most roads, that's eastbound in the evening and northbound;
however, as you get to the southern portions of our community, that
does turn southbound when you're going, say, to Marco Island.
So how we do it, we have level-of-service threshold volumes
that are determined utilizing standard software. That determines our
capacity. We determine the existing directional traffic, as Mike
discussed. We collect traffic counts on the roadways multiple times
during the year. They are factored to determine the peak hour/peak
directional volume.
We take the capacity that the roadway can hold, we subtract the
amount of traffic that's on it, we also subtract the trip bank for
projects that have been approved for a Site Development Plan or a
Plat and Plan, and that gives us what our level of service is today.
How we decide what roads need to be widened in the future is
we apply a growth factor to that, and that growth factor is the average
of the historical growth factor, so we keep track of that every year, or
2 percent, whichever is greater, and we apply that and we grow that
traffic until we get to a year where it would exceed the level of
service. And those are our planning time frames.
So what our anticipation is, is that by the time we get to where
that roadway is exceeding its level of service, we either have an
improvement already well underway to that facility or a parallel
facility. So we don't always just focus on that roadway. We'll look
at a parallel facility. Immokalee Road is case in point. Immokalee
Road, reaching its capacity; however, we have Vanderbilt Beach
Road extension which will provide for relief to Immokalee Road.
CHAIRMAN McDANIEL: One quick question, please.
MS. SCOTT: Sure.
COMMISSIONER HALL: Trinity, what is a trip bank?
MS. SCOTT: Okay. So when a development comes forward
and they get their zoning, their next step is to go to Growth
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Management, and they apply for a Site Development Plan or a Plat
and Plan, and that typically means that construction is imminent on
the project. So when they do that, they also provide a Traffic Impact
Statement to state how many trips they anticipate during the p.m.
peak hour/peak direction.
And so it's kind of like a checkbook. We go ahead and reserve
that capacity in our overall system for that development.
So the process for us is we assess the network, we project the
future needs, we identify the deficiencies, and we develop
recommendations. Tying this back to the MPO board meeting that
all of you were at last Friday, we utilized the county interactive
growth model that projects what roadways we're going to need in the
future. The AUIR really helps us with the timing of those of what
we need to get in place in the next five to 10 years. So an example
of your long-range planning and your short-range planning working
together.
And here's just a sample of the projects that we anticipate going
to construction over the next five years.
Vanderbilt Beach Road extension Phase 2 which will pick up
where the current project ends from 16th and go to Everglades
Boulevard, picking up at Everglades Boulevard, widening from
Vanderbilt Beach Road up to Oil Well Road, and also Wilson
Boulevard four-laning between Golden Gate Boulevard and
Immokalee Road.
So as you see that our growth is pushing east, we get a lot more
emphasis on roadways in the east, but that does not mean that we
don't have facilities that we're widening in the urban area.
We have improvements at Pine Ridge Road also programmed
within the five years near the interchange area, and Vanderbilt Beach
Road widening from U.S. 41 to east of Goodlette.
And in addition, the Collier Boulevard widening Phase 3, which
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is the section through Golden Gate City, and that's just a sampling of
the projects that we have that are included in the packet.
With that, I'll take a pause and see if you have any questions
with regard to transportation before I transition over to our
stormwater.
CHAIRMAN McDANIEL: Carry on.
MS. SCOTT: So we have a vast stormwater infrastructure here
in the county that we maintain. We have 408 miles of major canals.
One hundred fifty miles of those are maintained by the county; six
stormwater pump stations; 81 major water control structures; 370
miles of stormwater pipes; and 687 miles of roadside swales.
So our current adopted level of service varies by basins, and it is
based on the discharge rate that we allow developments to be able to
discharge their water into those receiving bodies.
So the projects that we have to maintain that level of service and
address those receiving bodies have much to do with a capital
replacement program where we are doing capital replacement of
outfall structures, channel dredging, cross-street culverts, et cetera.
In addition, we also implement our stormwater basin studies.
We recently completed a master plan in the Immokalee area, so many
of the projects that you see within our proposed five years are
implementing those studies that have been -- come to fruition.
And, finally, a large portion of our stormwater projects are
partnership projects with public utilities. You hear us many times
coming in for these joint contracts where we are working with our
utility providers, not only Collier County Public Utilities for the
water and wastewater but also the City of Naples, where they are
going into, say, an older neighborhood where they're replacing that
aging infrastructure, and while we're going to have the road opened
up, it is certainly beneficial to partner and do those stormwater
improvements at the same time.
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So some of those projects are Naples Park, Palm River, Old
Lely, West Goodlette-Frank area, Harbor Holiday Lane, as well as
Golden Gate City.
And with that, I will stop, if you have any questions with regard
to stormwater. If not, I will turn it over to Public Utilities.
CHAIRMAN McDANIEL: Jump back to stormwater, if you
would. Commissioner LoCastro first, then me.
COMMISSIONER LoCASTRO: I just wanted to make a
comment and say I think one of the things that you said that our
public really needs to understand and you quoted a previous person
that said, we don't design roads for Easter Sunday. So often as
commissioners we hear from citizens who say, you're not doing
enough to -- you know, I'm sitting in traffic. It's unbelievable.
Nobody's doing anything. But, you know, that's called season. And
so as you said -- and it's not just us. You know, when you say "we
don't design roads," FDOT is a primary, you know, organization that
has a lot to do with I-75 and some other areas, and I really think that
the public really needs to understand that, that we're not oblivious to
traffic, but that's what happens in season, and we're not going to
make roads eight lanes so that for a few months out of the year traffic
flows a little bit better. And also, too, that's taxpayer dollars that's
being used. So it's not a matter of just make the roads wider.
So I've heard you say that at other meetings. I think it's very
astute. And it might not be something everybody agrees with, but
it's the direction that is used by us, FDOT, and all across the nation,
that, you know, they don't make the road the widest it needs to be on,
you know, the day before Thanksgiving or, like you say, Easter
Sunday. So I think that's a really eloquent comment that maybe not
enough people have heard, so thanks.
MS. SCOTT: Thank you, sir.
CHAIRMAN McDANIEL: And I -- my question had to do
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with the planned look-back on impacts of Ian. We were enlightened
by many deficiencies in our stormwater systems at large because of
that -- because of that event. And I'd like to know what our plans are
with regard to managing those hot spots, if you will.
MS. SCOTT: So what I would say -- and I see our County
Manager perking up. What I would say is --
CHAIRMAN McDANIEL: Perking up.
MS. SCOTT: -- your best stormwater management system is
not designed to accommodate a five-foot storm surge, sir. In fact,
our stormwater management system actually functioned pretty well
during Ian for the level of rainfalls that we received; however, in
those areas that received storm surge --
CHAIRMAN McDANIEL: I wasn't talking about the storm
surge. I was talking about the 16 inches of rain and 12 in the event
that came in advance of.
MS. SCOTT: So not specific to Ian?
CHAIRMAN McDANIEL: Well, specific to Ian, but it didn't
have to do with the surge. I'm quite aware that our system isn't
designed to manage that level of surge. I'm -- my question had to do
with the rain event in advance of and then, in fact, during the storm.
MS. PATTERSON: We're continuing our emphasis on our
maintenance program for stormwater, which is probably one of the
most important things that Stormwater does. While we focus on
capital projects -- and there's lots of conversation about them -- it is
the day-to-day maintenance that keeps those systems functioning as
well as extends the useful life of those systems. We know that there
are significant deficiencies in Golden Gate Estates, and the growth
going on in Golden Gate Estates is exacerbating that.
As we continue to work through our funding issues and the
Board has generously provided additional funding both on the capital
side as well as the maintenance side, we plan to grid out, for lack of a
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better term, Golden Gate Estates and look at it in section by section.
Some sections of Golden Gate Estates work well. Others not so
well. And as we see the growth going that direction, it's going to be
something that has to be identified.
And it's not exclusive to Golden Gate Estates. That just
happened to be the area this year that was troubled the most by an
aging stormwater system. This happens throughout the county.
There are areas that are low lying. Those are harder to deal with.
Those with virtual no stormwater management system, very difficult
to deal with. But the emphasis on maintenance is incredibly
important, both street side as well as in those major conveyance ways
dealing with vegetation management, being sure that we're keeping
after that removal of trees. We had a huge push a couple of years
ago to clear areas that hadn't been cleared, and in many, many, many
years.
And so our plan is continue not only that aggressive
maintenance but to continue to articulate the need to partner with the
Southwest Florida Water Management District and other grant
agencies where it's practical and to come to the Board with those
ideas and concepts and to properly staff that section both with
resources that are in-house as well as external.
CHAIRMAN McDANIEL: Going forward, it would be my
hope that at some stage we have a look-back as to the experiences
that we learned during the event and then certainly after. And it
wasn't just Golden Gate Estates. It was in the urban area as well.
And I want to hear from you where your obstacles are. I know one
of the big obstacles is the DEP and getting through the environmental
concerns subject to -- or that are subject to the dredging operations.
In an oversimplified statement, it's math. If you create more
volume, you have a capacity to move more water. And we all travel.
We all are going to be in Tallahassee. Many of us will be in
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Washington, D.C., and so I need to hear from you what your
obstacles, in fact, are so that while I'm there I can
hopefully -- hopefully open the flood gates to -- literally, to be able to
assist with that. Just because -- not just Golden Gate Estates. You
know, there were -- there were inland waterways in the urban area
that have been constrained for a millennia that just can't handle the
capacity of water that we were having to deal with both pre and after.
MS. PATTERSON: If I may, one more thing, is we've
known -- you touched on something important and difficult is that
we've known probably -- I have actually a map in my office. We've
known for over 20 years about what we call an inland dredging
program is needed. It's expensive and difficult, regulatory
challenges. But we have really started the process of identifying
those areas. And when I say "inland," I don't mean way inland, but
it's to delineate between the dredging program we have for the major
navigable waterways and those that we need to dredge for
conveyance.
Now, if navigation is an added bonus to that, that's fine. But I
can name right here six places probably in the county that are on the
list that are going to need some dredging in some form and
exacerbated by both Hurricane Irma and now Hurricane Ian.
CHAIRMAN McDANIEL: Okay. Commissioner Hall.
COMMISSIONER HALL: So, you know, being new, I find
this AUIR fascinating. You know, and I'm -- my common sense
curiosity wants to know, twofold. Number one, how has this process
in your experience and your time, has it been -- has it been
functional? Has it been appropriate? And No. 2, with Governor
DeSantis creating Freedom Town USA, as Mr. Bosi said, you know,
the percentages are down a little bit in population growth, but the
amount of actual people are up, and we see that, you know, on the
roads.
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So is there a process in place to -- you know, to address those
anomalies or -- just your thoughts on that.
MS. SCOTT: So what I would say with regard to the
stormwater management is with our new county administration -- I
think when Amy was being interviewed, one of the things that she
said was that -- if it meant telling you the truth even if you didn't
want to hear the truth.
And so being properly resourced and being able to have those
conversations with the Board is something that I believe, based on
our conversations, Ms. Patterson and I, are going to be things that
we're going to be having those conversations with the Board of
County Commissioners and having those real honest conversations
about the future staffing needs that we have or that we need
additional resources to enhance maintenance efforts so that we can
have those strategic -- so that we can extend the life of these
facilities.
COMMISSIONER HALL: I guess I didn't make myself clear.
I was reverting back to traffic.
MS. SCOTT: Oh.
COMMISSIONER HALL: So how has the process worked so
far, and what is -- how do we deal with the anomaly growth that
we've seen in the last year or two years?
MS. SCOTT: So how -- from a traffic perspective, it really
leads back to that Long-Range Transportation Plan as well and also
those partnerships with land-use planning. Much of our growth has
been to the east; however, in the east there are not goods and services
to be able to accommodate the residents on a daily basis. And so
they're coming into the western part of the county, which is a big
influx for us.
So as these villages and these towns continue to grow, which is
a population growth for us, but they're also bringing along goods and
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services in other parts of the county. So what it allows us to do is
have doctors, you know, banks, employment centers in the eastern
part of Collier County so that you don't have to have this westward,
you know, big influx of traffic in the morning and the eastward in the
evening. So we'll be able to actually use both sides of our roadway,
which right now we use one in the morning and the other side in the
evening. So good -- so that partnership with good land-use
planning; that helps us with those anomalies.
Sometimes with transportation, you have a little pain for a
period of time until you get a roadway online, and then we see this
relief. Vanderbilt Beach Road extension is a fine example of that, a
project that should have been built at least a decade ago. When that
roadway opens, we will see immediate relief to Immokalee Road.
So sometimes we're a little bit behind, but we catch up.
CHAIRMAN McDANIEL: And the goal is to get caught up.
MS. SCOTT: Yes.
CHAIRMAN McDANIEL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chair.
My question's going to go back to stormwater management.
We all know that maintenance is one of the most important things in
stormwater management, because on a daily basis we get rain, we get
silt. Those type of things start building up in our storm drains. Just,
you know, the simplest storm drains in somebody's community in
their street.
I guess my question is, manpower, boots on the ground, our own
facilities, our own wastewater management team here in Collier
County that we employee that's responsible for the daily
maintenance, not so much the contractor things of new facilities and
dredging where it's outside of our everyday scope. But how are we
in our own Wastewater Management department? Are we par in
employment in numbers? Are we vacant, or are we having an issue
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with employment to keep a daily maintenance program going to get
ahead of these problems before they become a problem?
MS. SCOTT: So from a stormwater maintenance
perspective -- and the AUIR typically deals with capital, but I'll put
on the maintenance hat.
We actually do a pretty good job of keeping the positions filled.
In our Road Maintenance and Stormwater Maintenance division, we
do have a lot of where we move folks up. You know, we promote
from within.
I will tell you that it is probably under-resourced, and we're very
reactive with regard to our maintenance programs.
With our new administration and being able to bring those plans
and programs in front of the Board, I believe that we'll be able to
resource them more appropriately to get to a point where we are more
proactive from our maintenance standpoint instead of getting that
phone call from a resident "I have water coming up," and we're
running out and trying to address the problem.
So I would like to see the road and stormwater maintenance
become more proactive as opposed to reactive, and that's just a
quite-frank answer of where I believe we are right now.
COMMISSIONER KOWAL: Thank you.
CHAIRMAN McDANIEL: Thank you.
DR. YILMAZ: Good morning, Commissioners. For the
record, George Yilmaz, department head.
Mr. Mike Bosi summarized it really well, including some of the
kind words he shared with the Board. And this exercise, AUIR, is
originating from old Rule 9J5 and definitely enhanced and adopted to
reflect Collier County needs to provide a high-level overview on a
policy level and planning tool on a very high level for our policy
makers and leadership to have a sense of are we concurrent with our
supply and demand. Are we meeting the demand? And I'm pleased
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to report to you today that for Collier County Water/Sewer District,
yes, we are meeting the demand for our current customers, and we
will and we're positioned to meet the demand for next five year, more
known developments that this board approved, and all of those future
customers will have quality water, wastewater service, solid waste
services. And for the long term that's our master planning process.
So I'd like to highlight that AUIR is a high-level planning tool as
a snapshot to show the Board next two, three, five years, we do have
our resources, including capital program, operations, human
resources, and borrowing capacity to meet the demand. So I'm
pleased to report that to our board and our leadership.
The requirements are very simple in terms of service level for
our line of business. The question our Commissioner Hall asked,
common sense. The population is one of the many variables.
Common sense is we look at our flows, and we have a checkbook,
goes concurrent to our concurrency, clearly showing what kind of
trends we have in our wastewater, water, IQ water, and that's our
common sense back check to stock [sic] a stick database which has
multiple sources and input trying to figure out what our growth and
growth pattern is based on population increases forecasted; however,
our data shows in terms of growth it is much more aggressive than
population projections.
Wastewater, you monitor it. Water, you monitor it. Solid
waste, curbside collection, we know how many customers come on
board. So our level of service reflects meeting the demand. I hope
that also answers your question.
Having said that, I just want to also highlight magnitude of
operations. Collier County Water/Sewer District is one of the largest
water/sewer providers east of Mississippi serving 120 square miles
area and over quarter million customers. We have produced and
delivered 10 billion gallons of high-quality, safe drinking water to
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our customers, and every gallon of that 10 billion gallons has to meet
our water-quality standards so that we can make baby formula 24/7.
And our sewer system has been resilient with our leadership in
county management and our board's leadership, investment we made
in our resiliency definitely showed between Wilma, Irma, and where
we are now, and we're not done. We will be more resilient. We
only had three discharges reported for this event that inundated our
system.
So going back to solid waste operations, I'm pleased to report
that we meet all the solid waste concurrency requirements, including
two years lined cell capacity every year for the next year, and then we
have to have 10 years permitted capacity in addition to two years
lined cell capacity. The difference is one you have the capacity
approved by the Board and by the regulatory agencies in advance, but
you have lined cell capacity being built every two years, and every
day we have that capacity for next day. So that's the concurrency
requirement we have for solid waste operations, and I'm pleased to
report to you that we met all those requirements.
And our facilities, government facilities, our Deputy County
Manager Ed Finn has been very active, and he's going to -- he's going
to address, along with our new facilities director, if there are any
questions or presentations to be made there.
But I'm pleased to report to you that first time our
facilities -- government facilities do have enterprise asset
management currently being utilized that rolls into capital outlay,
maintenance, operations, and if there are any questions, we
have -- we have competent directors in charge.
So with that I have my three directors here, all licensed
professional engineers, and they are ready to answer any questions
you might have or presentation further to make on solid waste and
hazardous waste operations, water/sewer, IQ water.
December 13, 2022
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CHAIRMAN McDANIEL: I think we're all set, sir.
DR. YILMAZ: Thank you.
MS. WILLIAMS: Good morning, Commissioners.
CHAIRMAN McDANIEL: How do you rate? Troy fixed that
for you, and he makes everybody else do their own.
MS. WILLIAMS: Thank you, Troy.
Good morning, Commissioners. For the record, Tanya
Williams, your interim Public Services department head.
Troy, can we actually back up and go to Category A, parks.
We'll start there before we --
MR. MILLER: I wasn't sure if I actually had the right one.
MS. WILLIAMS: -- before we dip our toes into Category B.
So your Parks and Recreation division is the one Public Services
Department division that is part of the Category A concurrency piece.
And we have two level-of-service standards for your park system.
One is for your community parks; the other is for your regional parks.
Level-of-service standard that's set for your community parks is
1.2 acres per one thousand population. Regional park sits at
2.7 acres per one thousand population.
All total between the different categories of your parks, be them
regional, community, neighborhood, and your preserves that are part
of the Conservation Collier program, you have a total of 91 properties
and facilities at your disposal.
In regards to the regional parks standard of -- our
level-of-standard service, as you can see by the graph, we are in a
surplus for the next five years as well into the 10-year. Your AUIR
is a planning tool. It's a very well-used planning tool that takes us
out to a 10-year projection so that we can start designing and working
our way towards meeting the demands as our populations increase.
As noted on the slide, your five-year surplus is sitting at a little bit
over 320 acres of regional park space.
December 13, 2022
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Just a quick visual of where your regional parks sit. It's not just
what you would classify as a regional park that has "regional park" in
the name of it, such as North Collier Regional Park. This also
includes your beach access points and your marina access points. So
it is inclusive of several other types of areas besides just the normal
park.
Community parks we are showing surplus as well all the way
out to that 10-year projected period of time. At five years, we're
looking at just over 46 acres of surplus. Obviously, that slowly
decreases as we start reaching that 10-year mark.
Your community parks are located within, as the name suggests,
communities within five- to 10-mile radius of the community in
which they are constructed. And, of course, you have community
park scattered throughout all of Collier County.
You'll notice as -- when we segue into the library section of this
presentation as well, you'll notice where your community parks are
situated. You have them grouped in the western corridor area of the
county, then you have empty space as you start moving eastward
until you reach the Immokalee area.
Part of our level-of-service standard also includes our
Conservation Collier properties that have been turned into preserves.
Your preserve acreage sits at a little over 430 -- 4,300 acres, and
you've got over 37 miles of trails that are located and available to the
public through these preserve areas.
Your Conservation Collier preserve location map just gives you
a general idea of where your preserves are located.
In regards to the capital improvements, because parks is part of
that Category A which requires concurrency, you've got capital
improvements within the next five- to 10-year plan, that includes
Paradise Coast Sports Park, and then it also includes the final phases
of your Big Corkscrew Island Regional Park.
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Just some statistics about how your park system's being used in
comparison to the prior year. Obviously, beach parking permits are
up. You've got facility rentals that are up, field usage hours are up,
memberships are up, as well as our visitation is up. Visitation to our
parks sits a little over 2.3 million visitors a year.
And with that, I am available to answer any questions about
your parks AUIR.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: You know, Ms. Williams,
you and I have talked about this before, but I really want to say it in a
public forum. So the slides obviously show that we have a large
amount of parks and large areas covered. But one of the things I
know that you're doing now but I really want to just stress, I hope we
continue to accelerate it -- is taking a closer situational assessment of
every park. And what I mean is, when I get an email from a citizen
who says, you know, water fountain's been broken for a year in
such-and-such park -- these are real examples, as you
know -- lightbulbs in the Little League field have been out -- you
know, blown out for eight months.
Having citizens do our job for us is embarrassing, and when I
personally ask somebody in this building who's a leader over on the
parks and they're unaware, and then we do find out that, you know,
our team at the park is aware or they've been trying to fix it or, you
know, they change the yellow police tape around the broken water
fountain every four months, you know, until somebody figures out,
you know, what part we have to break off of the international space
station to fix one water fountain, that's not acceptable.
I want to -- I want to give you praise and also Mr. Rodriguez
when he was over a lot of what you've taken over now, that I liked
the idea, and I hope it's continuing to gain acceleration of situational
reports on all these parks so that our teams that are at the parks and
December 13, 2022
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have, as Commissioner Kowal said, boots on the ground, are
reporting back to senior leadership, hey, we have a kiddie pool that's
been out of commission for six months because we're waiting on a
pump, and, you know, no time frame on when that pump is coming,
and then, you know, one of the commissioners here brings it to senior
leadership attention, and then, wow, what a miracle, it's fixed
tomorrow.
We really need to limit that, and I know you agree, because
we've talked about this. But, you know, I would love to hear over
time here an update on those situational reports of this long list of
parks. And it doesn't need to be a deep dive, but giving us
confidence that we have knowledge of where things need fixing,
maybe where you need our help, maybe where we need to move
some money around or something that truly is nonfunctional for a
specific reason and not just negligence or, you know, a contractor
who maybe says, I don't know when I'll get the part. Okay, well,
there's other people out there we might be able to get the part from.
So, you know, this just sort of reiterated to me how much
acreage we have that we call parks, but they need a lot of care and
feeding.
And all right. I'll end it by saying, I'm almost always
embarrassed when a citizen brings to my attention something, and
then I do a little digging and find out we knew nothing about it; it
was very dated and dusty. And I thank the citizen for that, but I
know you're working really hard to make sure that those things are
not -- are the exception and not the rule and that we truly do stay on
top of maintenance and care and feeding.
You know, lastly I'll say, it's -- and the county's been guilty of
this before where we have a Little League season that happens on a
softball -- on a Little League field, and then after the season's over,
then all of a sudden we do all of this incredible maintenance where
December 13, 2022
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we should have done it before the Little League season. And it's
not -- it wasn't maintenance to fix the big Little League season.
They'd actually played on the field in its worst condition, and then we
made it beautiful, and it sat there for three or four months. And
that's not over exaggeration. And I know you know those examples.
So I just appreciate what you're doing. I know that this is
something on your short list to just make sure we take a much closer
look at our parks and make sure that the maintenance and the
upgrades and the oversight is as tight as it can be, and that at the
highest levels here in this building we're pushing as much as the
teams at these different parks are pulling to keep everything at, you
know, 100 percent, you know, functionality, I should say, so -- but
thank you for what you're doing, and continue to keep the accelerator
pedal down on those situation reports, because I think it's showing to
us a lot of areas where, you know, we need to take some action and
much quicker and smarter. But, thank you.
MS. WILLIAMS: Thank you, Commissioner LoCastro.
And you are correct. There are areas that we can still improve,
and that's something that I'm working with your interim parks
director on, Olema, taking that ownership, and taking that ownership
down to the frontline staff that are at their parks every day.
We've had some really good discussions with Facilities. Parks
and Facilities are working hand in hand to make sure things don't fall
through the cracks. Unfortunately, as you alluded to, we did have
one regarding a pump just recently.
Staff were aware of it. It just didn't work its way up the chain
of command so that we could have that high visibility on it to make
sure that it was corrected as expeditiously as possible. But I
hope -- it's not a hope. I stand here before you to say it will be
corrected, and we will continue to monitor those areas, and the next
time I'm before this board you'll hopefully have a different message
December 13, 2022
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that you'll be making as public record.
COMMISSIONER LoCASTRO: I do -- I love that answer. I
do want to add that Olema, her sense of urgency, you know, I might
bring something to her attention that maybe we didn't know about, it's
six months old, and all the things that I just said, but once it's been
brought to her attention, especially since Hurricane Irma [sic],
because I've had a lot of areas in District 1 in parks and beaches that
we've discovered a lot of things, her sense of urgency has been -- and
yours as well has been very impressive not only knocking it out, but
sending photos and things so that -- then we can answer a constituent
and say, you know, we weren't sitting on our hands.
On the flip side, at times it is disappointing to her when, you
know, something's brought to her attention, and she says, I can't
believe that, you know, at the higher levels we didn't know about this
because we could have been very instrumental in a much faster fix.
But, you know, thank you to you both and to the team that you
represent.
MS. WILLIAMS: Thank you.
CHAIRMAN McDANIEL: Let's do libraries.
MS. WILLIAMS: All right, libraries. We will now transition
into Category B. This is a nonconcurrent aspect of your AUIR but
no less important. I come from the library world, so this part's near
and dear to my heart.
Your library AUIR has one level-of-service standard that was
set by the Board most recently way back in the 1980s. Current level
of service is based on square footage per capita, and it was set at .33
square feet of space per capita.
Now, keep in mind that the square footage, as Mr. Bosi alluded
to at the very beginning of his presentation, the Planning Commission
was very interested. That was the first time I'd had that much face
time with the Planning Commission. They were very interested in
December 13, 2022
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how libraries had changed, how people using the libraries have
changed how we provide services, and the pandemic actually
accelerated a change in patron usage. But the point I want to make
before I move on with the AUIR is that square footage of your library
space is not just for the 600,000 printed materials that are on the
shelves throughout the 10 libraries, but it's also study/quiet/reading
space, it's meeting and programming room space, it's obviously staff
work areas, it's technology access areas that includes computer
access, and then just general-use space.
As of September 30th, you have an available inventory of one
thousand seven hundred -- 174,082 square feet. We have a required
inventory in the next five years of 166,661 square feet. Obviously,
that puts us in a five-year surplus; however, as we start projecting out
to that 10-year mark, you will start seeing a deficit in square footage.
You have libraries that exist across all five commission districts.
Regional libraries take up 30,000-plus square feet. You have three
regional libraries within the county. That's South Regional, Marco
Island -- South Regional, Naples Regional, and the Headquarters
libraries.
So here is the actual deficit as it shows graphed out over the
10-year period.
Again, as I noted with your parks, I want to show you where
your public libraries are situated. You have, obviously, the bulk of
your libraries along that western corridor of the county. You do
have a library on Marco Island, you have a library out in the Estates,
and then you have a gap in library availability until you get to
Immokalee. Everglades City does have a library. It's a
900-square-foot room that is also housed within the city hall.
So just a recap for you regarding that deficit. If we're going to
maintain the current level-of-service standard of .33 square feet per
capita, we're obviously going to need to look at where we should
December 13, 2022
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grow our libraries. I say that with a little hesitation, because as we
started this conversation there is interest in looking at how your
libraries have changed.
In regards to circulation, your libraries still hold approximately
two million items circulated per year. In regards to foot traffic, that
has drastically decreased. It's decreased by almost 50 percent.
Okay. Why? One, obviously, with electronic materials being more
popular, people can access their reading materials online, on their
phone, on their iPads, at home, on their desktops.
People still have that balance of wanting to come into an actual
building and interacting with staff for that public interaction. So
while circulation has remained high, the actual foot traffic has
decreased, so we'll need to take a very close look at that.
Access to these services do not necessarily have to be in a
30,000-square-foot building. I will go on record saying that. So I'm
not advocating to build another regional library; however, as the
eastern part of Collier County continues to come online with the new
villages and the towns that are being proposed for development, we
will need to look at supporting library services for those areas.
When you have families with young children, moms and dads
want to bring their kids into the library. When you've got older kids,
older adults that need that mobility and that access, they don't need as
much space.
So as we move forward, we will need to take a look at what you
want your libraries to look like, what our best practices are in the
profession of library, and we need to look at what we want to do next.
And I am open to that conversation. I told the Planning Commission
I would be more than happy to have that conversation with them.
And for any specifics regarding trends in libraries, I do have my
interim director here in attendance, Catherine Cowser, which -- I've
been so far removed, she's got her pulse on the current best practices
December 13, 2022
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a little bit better than I do.
I will let it be known for the record that in regards to planning,
there is approximately 2.74 acres of land that is restricted for library
use, and it resides in the Fiddler's Creek development. We share a
piece of property with EMS.
And with that, I am happy to answer any questions anyone may
have.
CHAIRMAN McDANIEL: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you. I just have one. It
may have been already been answered, I don't know. But the .33
square, that formula we use, when was that adopted, or how was it
adopted?
CHAIRMAN McDANIEL: In the '80s.
MS. WILLIAMS: You're going to tax my recollection. It's
been at least 20 years. I want -- I did some research. I don't have it
in front of me, but I think the last time the Board changed the
adoption of the libraries level-of-service standards was back in 1987.
So it may even be a little bit older than that.
COMMISSIONER KOWAL: So when I had a Blackberry 20
years ago, they were adopting this formula. So, yeah, and a lot has
changed since then.
MS. WILLIAMS: Correct.
COMMISSIONER KOWAL: So it may be something we
would look into it or find out how it does change or come up to speed
with today's market, so thank you.
MS. WILLIAMS: Thank you.
CHAIRMAN McDANIEL: And we'll look forward to that
data.
MS. WILLIAMS: Thank you, sir.
MR. BOSI: Mike Bosi, again, Zoning director.
We had no other planned presentations from the Category B
December 13, 2022
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facilities. Any other questions that you may have.
One thing I would let the Board know, there -- in addition to our
regional and our community parks, the county has about two-thirds of
its land area that are set aside in federally or state protected parks as
well. So even though those are more open passive recreation areas,
the majority of this county will never be developed based upon those
set asides and those restricted areas.
And I just also wanted to mention, the anomaly within the 2020
census and the lowering of that population where it seems somewhat
counter to what we'll feel and are experiencing in terms at least of
housing supply and demand and just overall activity within the
county, we fully expect that there's probably going to be somewhat of
a correction that's going to be provided for within the next AUIR, and
that's another reason why it kind of benefits or shows the benefit of
this annual opportunity to make sure that the trends are moving in the
directions that we think that they are and that we, you know, have a
good handle upon what those expected demands will be over the next
five and 10 years. But with that, any other questions the Board may
have?
CHAIRMAN McDANIEL: We're all set. All right,
gentlemen, we're --
MR. BOSI: Oh, and the staff is requesting a recommendation
to approve the 2020 [sic] AUIR, and that should encompass all of the
needed recommendations regarding the CIE as well.
CHAIRMAN McDANIEL: Thank you. We're being called
upon to accept and approve the '22 AUIR.
COMMISSIONER HALL: So move.
COMMISSIONER LoCASTRO: Recommendation to approve.
COMMISSIONER HALL: Second.
COMMISSIONER SAUNDERS: And I'll second that.
COMMISSIONER KOWAL: Second.
December 13, 2022
Page 90
CHAIRMAN McDANIEL: Accept and approve.
COMMISSIONER LoCASTRO: Accept and approve.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept and approve the '22 AUIR. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved. Done.
MS. PATTERSON: Commissioners, we may want to talk a
little bit about time here, to start Item 9B, which is the Maple rezone.
We do have some public here to speak on that item, so it's at your
pleasure if you want to get that one started and stop it and pick it
back up after lunch or if you would like to take maybe one of the
quick items here before noon, knock out maybe Item --
CHAIRMAN McDANIEL: Yeah. Let's do 10B.
MS. PATTERSON: 10B, yeah.
CHAIRMAN McDANIEL: Let's stay off of Brightshore. I
think we have a time-certain for sooner --
MS. PATTERSON: No sooner than 1:00 p.m. for Brightshore.
CHAIRMAN McDANIEL: Right. What one were you talking
about was a rezone? I thought you said it was 9D.
MS. PATTERSON: 9B is the Maple Lane rezone which also
has, I believe, some citizens here.
Troy?
MR. MILLER: Yes.
December 13, 2022
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MS. PATTERSON: We have speakers on that as well, so it's
going to require --
CHAIRMAN McDANIEL: Yeah, let's do 10B.
And, Commissioner Saunders.
Item #10B
RECEIVE AN UPDATE ON THE CURRENT STATUS OF THE
PROPOSED STATE VETERANS’ NURSING HOME AND THE
NEXT STEPS IN COLLIER COUNTY’S FORMAL
RECOGNITION AS THE NEXT SITE FOR CONSTRUCTION
(COMMISSIONER SAUNDERS’ REQUEST) – CONSENSUS
COMMISSIONER SAUNDERS: Mr. Chairman, on 10B, I had
asked that to be added to the agenda. Just a quick update. And
John Mullins is here to assist in that regard concerning the veterans
nursing home. And the reason I wanted to bring this up, I had
planned on being in Tallahassee today for a Governor and Cabinet
meeting, at which time our project was to be officially approved by
the Governor and Cabinet. That meeting was canceled, and we've
now found out that we really probably don't need Governor and
Cabinet approval since we already have a letter from the Department
of Veterans Affairs saying Collier County is designated as the next
county to have a veterans nursing home. But because of some
timing issues, we are looking to -- we have our lobbyists working on
this, and Senator Passidomo is assisting, in getting a letter that
reflects that we are officially designated that.
The reason that became important from a time perspective is we
did get some very good news, and I'll have John Mullins kind of go
through the details, but we got very good news in terms of potential
federal funding which could occur as early as September or October
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of 2023. So that's one of the reasons why we wanted to go ahead
and get this letter of approval.
We are also going to be looking for some state funding, and
Senator Passidomo has agreed to assist us in that regard. It's about
$500,000 for design work and engineering work on that.
And then we also have to make our final and formal
commitment on the $30 million that we have in our sales tax pot of
money. That has to be transferred to the state, and so we are in the
process of working on an agreement with the state for the transfer of
those dollars. And, of course, if there's no veterans nursing home
built, we'll get those dollars back.
And we have a telephone call on Thursday to go through the
process of getting that letter of approval and then getting that
agreement worked out in terms of the transfer of those dollars.
So everything's moving along. The good news is we could be
out for bid on a project like this, according to our time frame, as early
as July of 2025. It's going to take that long to get the federal funding
in place. That's going to take another year, year and a half, and then,
of course, the design work.
So I'd like to have Mr. Mullins, if he'd kind of go through that
time frame a little bit. But that's where we are. We're moving.
And Senator Passidomo and our legislative delegation are fully
committed to this, and so all good news at this point.
MR. MULLINS: For the record, John Mullins, your director of
Communications, Government, and Public Affairs.
And as the commissioner said, we've got positive news we just
received at the end of last week. I think credit has to be given here
at this point to Commissioner McDaniel speaking on behalf of the
Board a week ago in this chamber at the legislative delegation
meeting where he said one of the priorities that we had in Collier
County was trying to get this process formalized and moving. And
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yo and behold -- or lo and behold, at the end of the week, here we go,
we've got a timeline from our friends at FDVA that kind of lay out a
best-case scenario. And I want to emphasize that word over and
over again, "best-case scenario."
On a project like this, you're dealing with county governments,
state government, and federal government all working together to get
something done and, well, you can do the math at that point.
So we're very efficient here, like Mr. Bosi said previously, but
over this timeline, you're going to see a change in state
administration, state personnel, you'll see a change probably in
federal administration, federal personnel. And sometimes priorities
can change. You can end up with congressional quagmires that hold
up your funding from getting appropriated, et cetera. So we'll do the
best we can to try to keep this thing on track.
Starting with April 15th, which is kind of the first benchmark,
this is where the Florida Department of Veterans Affairs will actually
submit their intent to the federal VA of their plans to build the next
nursing home here in Collier County for veterans.
During the next regular session that starts here in March, the
legislature will appropriate the $30 million that we provide based on
the generosity of the taxpayers of Collier County in approving those
funds. That will be appropriated to serve as the state's construction
match along with what Commissioner Saunders mentioned, about a
$500,000 appropriation that will cover the design engineering costs.
Now, this is something that was also provided to Marion County
back in 2018, and this is basically leveling the playing field. The
Governor's recommendation letter that the Commissioner alluded to
earlier initially has us laid out as the No. 9 nursing home and Marion
County as No. 10. So we need now that $500,000 appropriation that
Marion got before, because in 2014 when St. Lucie was anointed as
the eighth location, Marion was actually No. 2 at that point. We've
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kind of leapfrogged here.
So we'll be receiving that $500,000. FDVA will put in that
request, and President Passidomo, of course, has pledged everything
in her power to make sure that that gets through without issue.
That will culminate on August 1st next year with DVA sending
a copy of the General Appropriations Act to the VA that certifies that
we have the state match in hand, and that is a very important step,
because that's what puts us in Priority Group 1, Sub-priority 3 in the
eyes of the federal government and the VA.
Typically, Congress provides about 90 to $150 million in any
given budget year to provide for nursing home construction for
veterans. Typically, Priority Group 1, Sub-priority 1 takes about
10 million of that, Sub-priority 2 usually takes nothing because that's
for states that have not previously received a construction grant, and
as of two years ago, all states have received a construction grant, so
there shouldn't be anyone from that category.
Next would be us. So with 10 million gone, there's probably 80
to 140 million left, which pretty much guarantees at that point that
Florida will get the federal construction match.
Now, in October of '23, the VA will put that in their
construction budget for the following fiscal year, and in October of
'24, the VA will provide their 65 percent construction match to the
state.
In December of '24, DVA will send a budget amendment to the
legislature requesting that all those funds then be appropriated for
their use, and that will occur in March of '25 during the 2025 regular
session. The legislature will appropriate the funds in totality, and
then in July 1st of '25, FDVA will put out to bid the construction of
the facility.
A projected ground breaking would take place a little bit later in
the year, and then a short two-and-a-half years after that, the doors
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will open to the facility probably with a gradual bringing in of
veteran population based upon staffing. You have to have certain
staffing ratios per veteran bed. As long as they have all staffing built
up, they can bring in as many veterans as they have already on the
waiting list to receive services.
COMMISSIONER SAUNDERS: Mr. Chairman, I think the
only thing I would add, and I know that there may be some questions
and comments, but first of all, I want to thank John Mullins for his
effort. I also want to thank our lobbyists for their effort in moving
this along and, of course, our chairman for the presentation to the
delegation. Everything is kind of coming together, which is nice to
see.
It's a time frame that is fairly lengthy, but that's what -- that's
what we have to live with, and we don't have any way to shorten this.
Perhaps maybe the construction period might be a little shorter.
But Governor DeSantis had made the statement that he wanted
Florida to be the most veteran friendly state in the country, and I've
said and I know we've got veterans on this board that would -- and
everyone would agree, we want to make Collier County the most
veteran friendly county in the state. So this is a big step in that
regard. And I just want to thank Mr. Mullins and our staff and the
commission for, you know, supporting this project and moving it
along.
CHAIRMAN McDANIEL: Well -- and, personally, I want to
thank you. I've served with you for six years now, and this was
something you campaigned on when you ran for election back in '16,
and you and I and Commissioner LoCastro have worked hand in
hand with the state and with the federal government to ensure that
this is coming to fruition.
And it's frustrating because it's government. I think John
Mullins suggested it best. And when you have the federal, state, and
December 13, 2022
Page 96
local governments all trying to get on the same page, it's an
interesting dynamic. So your diligence and stick-to-itiveness has
really assisted in keeping this project moving forward, and I'm
excited about it. So thank you as well.
Do we need to take a vote on this or just accept it?
MS. PATTERSON: Accept.
CHAIRMAN McDANIEL: Okay, it's accepted.
Do we -- and this is the pleasure -- I know we've some public
speakers for that 9B item. Do we want to try to manage that now, or
do you want to go to lunch and come back and take care of the
rezoning after we came back?
COMMISSIONER LoCASTRO: Lunch so we can hear it all
together.
CHAIRMAN McDANIEL: Let's go to lunch. We will be
back at 1:02 sharp.
(A luncheon recess was had from 12:02 p.m. to 1:04 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN McDANIEL: Good afternoon, everyone. Sorry
for being a little delinquent there.
I believe we have a report from Dear Kristi, do we not?
MS. SONNTAG: Yes, Commissioner, you do.
Added
CDC GRANT PRESENTATION ON RELATED DETAILS AND
REQUIREMENTS RELATED TO GRANTS RECEIVED BY
COLLIER COUNTY
Good afternoon, Commissioners. Kristi Sonntag, Community
and Human Services Director.
Before you is a brief presentation on the Centers for Disease
December 13, 2022
Page 97
Control Community Healthcare Workers Grant Award. To go back
in time, in June of 2021, the Board approved the submission of our
application. In September of '21, the county was notified that we
had received our award, and it was subsequently accepted; in May of
'22, the Board approved the submission of our Year 2 application;
July we received notification of our award; and in September of '22
of this year, we accepted the Year 2 award.
The funding is on a three-year cycle. Each year the county is
required to apply for the subsequent year. Year 1 we received
$421,744. Of that we spent 134,178. That is all we drew from the
federal government for that -- for the grant for Year 1. That was due
to a delay in hiring the community health workers.
Year 2, we have drawn zero dollars to date. The grant award
started in August. We've incurred $896 in administrative
expenditures, and our partners have incurred $45,305. We have not
yet applied for Year 3. Should we do that, we would come to the
Board for your approval to apply.
The program parameters include services to extra mile migrant
communities. This is a non-research award. It provides for
community health workers to assist vulnerable populations with
access to healthcare and provide healthcare education. There are
two partners that we have as -- well, actually, we've one sub-awardee
who then sub-awards. Our sub-awardee is Collier Health Services,
and they, in turn, sub-award to Partners in Health who provide
education and training.
CHAIRMAN McDANIEL: An enormous amount thereof.
MS. SONNTAG: Uh-huh, yes, sir.
The federal requirements, I will remind you that all of these are
part of the award; however, pursuant to the terms of the award, since
the county has sub-awarded, we pass many of these requirements on
to the sub-awardee. Those would be complying with existing and
December 13, 2022
Page 98
future directives, consultation and coordination with Health and
Human Services related to the pandemic, assisting the U.S.
government with isolation and quarantine information dissemination,
providing access to data collected if applicable, and reporting on test
results. This is a Health Department requirement, as we all know.
Those requirements that are specifically applicable to the county
would be anti-lobbying, the code of federal -- excuse me -- Code of
Federal Regulations 24 2 CFR 200 and 45 CFR Part 75, and also the
Federal Funding Accountability Transparency Act, also known as
FFATA.
There are performance requirements that the sub-awardee is
required to meet, and then we roll those up and report those to the
federal government, and those include the community health workers
who must participate in training, which is offered by Partners in
Health; integration of state and local public health efforts; doing
outreach messaging; and reporting on the number of persons served.
The overall program goal is -- there's a two-person team of
community health workers. They're to require -- they are required to
perform 20 home visits per month, one group presentation, and one
media outreach event every six months.
The primary focus of the community health worker is to work
with vulnerable populations to integrate medical care, dental, mental
health, housing, and a variety of other services. So it's an outreach
program that engages participants to educate them in healthcare and
service delivery.
And with that, I'll accept any questions.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I guess the only question I
would ask, the funding, the $400,000 per year for three years, it
sounds like we haven't drawn hardly any of that down?
MS. SONNTAG: No, sir, we did not. We only drew down the
December 13, 2022
Page 99
134- in Year 1. And, again, that was related to our partner. Collier
Health Services had a really hard time hiring staff, and the majority
of the funds is spent on salaries for the community health workers to
go out into the community. And so by the time they got ramped up
after the award, that's all the funding that was drawn for Year 1. It
was the salaries. And we drew $10,000 in administrative. That was
it.
COMMISSIONER SAUNDERS: But you had almost nothing
in Year 2.
MS. SONNTAG: Year 2 just started, sir.
COMMISSIONER SAUNDERS: Oh, okay.
MS. SONNTAG: Yes, it started. Yes, I'm sorry. It started in
August, and we just haven't drawn anything to date from the federal
government.
COMMISSIONER SAUNDERS: It sounded like we were in
Year 3 from the presentation.
MS. SONNTAG: Oh, I'm sorry. No.
COMMISSIONER SAUNDERS: I understand now.
CHAIRMAN McDANIEL: Well, I have personal experience.
The Partners in Health organization was enormously beneficial
during the pandemic. They were a group of physicians that came to
Immokalee, established a promatura organization, people that
actually went door to door and educated our population on the assets
that were availed for the treatment of COVID, the -- if, in
fact -- where masks were available.
If you all will recall, I never advocated for or -- well, I
advocated against masks, and -- but I also felt, as a government, these
assets are provided, and folks that chose to wear a mask needed to
know where to go get one. People that chose to receive the
vaccination needed to know where to go get one. And these
people -- these promaturas actually went door to door in Immokalee
December 13, 2022
Page 100
with -- I called them goodie bags, and it was just a litany of
information of folks that weren't really privy to that information as to
where they could get those assets should their family choose to
receive those assistance programs. So we had a -- we had enormous
success with Partners in Health, necessarily, in that regard.
My concern is the alleged obligation that goes to the federal
government from us and whether or not that receipt of those funds
obligates us or puts us in a status that I wouldn't really be happy
about.
MS. SONNTAG: So, Commissioner, the award terms are
signed by the Board chair upon acceptance of the award; however,
the award terms specify that if we have a sub-award, the sub-awardee
is the one carrying out the program. We are required to pass all
those regulatory requirements down to them. So the dissemination
of information, that's a core function of what they do as community
health workers, but that would be passed on to them as a
sub-awardee.
So does that answer your question?
CHAIRMAN McDANIEL: Not really.
MS. SONNTAG: Okay.
CHAIRMAN McDANIEL: The concern is, you know,
there -- a lot of times these grant programs come with strings, and I
have reservation when national agencies such as the CDC or the
World Health Organization start to dictate policy. Are we obligated
in regard to those policies that necessarily might come down?
MS. SONNTAG: We are obligated to ensure that our
sub-awardee follows those. You know, if they're required to
disseminate information, we're required to monitor the sub-awardee
that they are disseminating information, that they're doing what the
federal government wants, because we are not the provider of service.
CHAIRMAN McDANIEL: Okay.
December 13, 2022
Page 101
MS. SONNTAG: We're just a pass-through entity. And we
were the only awardee in Florida; however, I am not aware of the
number of applicants from the State of Florida. Nationwide, there
are well over 20 awardees for Year 2., but we are the only awardee in
Florida.
CHAIRMAN McDANIEL: Okay. So Collier County is -- it
was represented we're the only ones that were in -- excuse me -- in
the State of Florida that were awarded this grant.
MS. SONNTAG: Correct, but I don't know if any other
jurisdictions applied. I wouldn't have that information.
CHAIRMAN McDANIEL: Gotcha. Okay. Thank you.
Commissioner Kowal.
COMMISSIONER KOWAL: She just answered my question,
because I know we asked that earlier.
CHAIRMAN McDANIEL: Yes.
And, Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. I think the
clarification is when we heard from citizens who brought up a point
that I felt, you know, had merit, we all did, that no -- you know, we
were the only county that took money, that's different than
saying -- than maybe no other counties applied for the grant. So
that's not that 66 other counties applied and then changed their mind
and then said no or the government came to them with free money
and they said, absolutely not, we don't want it. So, I mean, this is
what we have confirmed, that we know we were one of the few and
maybe only counties that applied for the grant. It's -- and I think, did
I hear you correctly, you said across the nation there was only about
20 grants? Did I hear that right?
MS. SONNTAG: Yeah. For Year 2, there's over 20. You'll
see them: Arizona; Georgia had one awardee; California had five;
the Samoan Islands --
December 13, 2022
Page 102
COMMISSIONER LoCASTRO: Right.
MS. SONNTAG: -- you know, so it's a variety nationwide. I
can certainly provide that list if someone's interested.
COMMISSIONER LoCASTRO: And I'm concerned, too,
anytime we accept government money, or money from any source if
it comes with strings. What I'm hearing here, nothing that really is
catching my attention as, oh, my God, we need to give the money
back because -- I mean, what I'm hearing here are things that did a lot
of good in our county.
But, I mean, I look to my colleagues here if there's something
buried in here, because I think we would all have concerns that -- you
know, it gave us 400,000, not 400 million, and so, you know, if it did
come with some strings of significant concern that citizens
discovered or are concerned about, you know, we obviously want to
know that. I haven't heard any of that yet.
I don't know if we need to do a deeper dive or, you know, that's
basically it in a nutshell. I don't want to create, you know, a new
story that's not there. Certainly, the accusation or the statement that
we were the only county that accepted the money is actually not fully
correct, because what I'm hearing is we -- it sounds like we might
have been the only county that applied for it, which is different than
turning it down, but, okay.
MS. SONNTAG: And, again, I have no idea how many
counties applied. And, you know, oftentimes we apply for grants
and don't get funded at all.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Well, I think the question
was, are there any CDC requirements ongoing that require the county
to do things that would -- that would appear to be objectionable in
any way? It sounds like the only requirements are the grant is to
help provide information to families that may need the information,
December 13, 2022
Page 103
but it doesn't sound like there's any ongoing obligations on the part of
Collier County as a consideration for acceptance of the grant; is that
an accurate statement?
MS. SONNTAG: That would be an accurate statement, and
you mean beyond the term of the award. So post closeout, no, there
would be -- that would end our obligation. But, again, we pass these
all on to the sub-awardee as required by the grantor.
COMMISSIONER SAUNDERS: Okay. Thank you.
CHAIRMAN McDANIEL: Is there global language at the
top -- I didn't mean to jump in there, Commissioner. Is there global
language at the top of the award that would put Collier County in a
compromising position with a particular directive that would come
from one of these organizations?
MS. SONNTAG: I would have to defer probably to the County
Attorney's Office to read the language and let me know if they
believe that to be true.
MR. KLATZKOW: All of these grants have a plethora of
documents -- boilerplate documents that are set up at the back, and
they're almost all identical, notwithstanding which grant you're going
for. And there are things like you won't discriminate, for example.
CHAIRMAN McDANIEL: We don't.
MR. KLATZKOW: That sort of thing.
I'm not aware of anything in any grant that goes really beyond
that. What I could do, if you'd like, is we'll go through the fine print
of this and get back to the Commission as to whether or not there was
anything there that's out of the ordinary.
CHAIRMAN McDANIEL: I would like that. Again, I don't
want to -- I would prefer that we not be in a compromising position
should an errant directive come from one of these agencies that was
prohibitive to our citizens. I don't ever want to -- I don't ever want to
do that.
December 13, 2022
Page 104
MR. KLATZKOW: These grants are not political. I mean, I
know people want to make them political, but the grants aren't
political. They're a sum of money to do a certain thing, and then,
yes, there's a boilerplate, but it's all stuff -- don't break the law on this
and don't break the law on that. But we will go through it.
CHAIRMAN McDANIEL: And if my understanding is correct
if -- let's just say a directive came from the World Health
Organization that was contrary to the belief systems of what this
board chose to put forward, we --
MR. KLATZKOW: We won't sign off on it.
CHAIRMAN McDANIEL: -- would have to adhere to it.
MR. KLATZKOW: My office wouldn't sign off on something
like that.
CHAIRMAN McDANIEL: And we would then be subject to a
clawback in the event that we weren't in adherence to that. So that
predominantly is our exposure, and I know that personally we -- like
you said, we wouldn't -- we wouldn't actually go down that path, so...
Commissioner Kowal.
COMMISSIONER KOWAL: Yeah, I think what I'm getting
from the people are that they're concerned that you talk about the
subs and what they're required to report. And I think their concern is
what are -- how much are they reporting? Is it names? Is it
addresses? Things like that. And I think that's their biggest
concern -- or is it hard numbers? Like, the realm I come from, like
uniform crime reports, we did them every year. We had Part 1
crimes, we sent them numbers. We're like, hey, so many robberies,
so many of these, so many burglaries. You know, there's not a
whole lot attached to it. So I think that's their concern. It's not so
much, you know -- because you guys know kind of the makeup of
our community --
MS. SONNTAG: Right.
December 13, 2022
Page 105
COMMISSIONER KOWAL: -- and where they stand.
MS. SONNTAG: Right.
COMMISSIONER KOWAL: And when they're asking those
questions, we want to have those answers, too, so...
MS. SONNTAG: And to answer your question, we go
out -- my division goes out and monitors to ensure that the
sub-recipient is doing what they're supposed to be doing, and then
any reports are hard numbers, 22, 16, 87. It's a collective number of
numbers served. It isn't, you know, so and so's name, address, date
of birth. No, that would be all protected health information under
HIPAA, and we would not be able to divulge any of that information.
COMMISSIONER KOWAL: Okay. Like I said, I think that
would help if they could understand that, you know, and then the
clarity because of the HIPAA and stuff like that, because that may
help us down the road in, you know, coming to a conclusion.
CHAIRMAN McDANIEL: And the reassurance that we're not
going to lean out over our skis on some directive that comes from the
World Health Organization that's contrary to what's best for our
citizenry, so...
Thank you.
COMMISSIONER KOWAL: Thank you.
MS. SONNTAG: Thank you. Have a nice day.
CHAIRMAN McDANIEL: We'll endeavor.
Which one do you want to do next?
Item #9C
RESOLUTION 2022-209: A RESOLUTION DESIGNATING 681.5
ACRES WITHIN THE RURAL LANDS STEWARDSHIP AREA
ZONING OVERLAY DISTRICT AS A STEWARDSHIP
RECEIVING AREA, TO BE KNOWN AS THE BRIGHTSHORE
December 13, 2022
Page 106
VILLAGE STEWARDSHIP RECEIVING AREA, WHICH WILL
ALLOW DEVELOPMENT OF A MAXIMUM OF 2,000
RESIDENTIAL DWELLING UNITS, OF WHICH A MINIMUM
OF 10% WILL BE MULTI-FAMILY DWELLING UNITS, A
MINIMUM OF 10% WILL BE INGLE FAMILY DETACHED,
AND A MINIMUM OF 10% WILL BE SINGLE FAMILY
ATTACHED OR VILLA; A MINIMUM OF 106,000 AND A
MAXIMUM OF 120,000 SQUARE FEET OF COMMERCIAL
DEVELOPMENT IN THE VILLAGE CENTER CONTEXT ZONE;
A MAXIMUM OF 100,000 SQUARE FEET OF INDOOR SELF-
STORAGE IN THE VILLAGE CENTER CONTEXT ZONE; A
MINIMUM OF 20,000 SQUARE FEET OF CIVIC,
GOVERNMENTAL, AND INSTITUTIONAL USES IN THE
VILLAGE CENTER CONTEXT ZONE; SENIOR HOUSING
INCLUDING ASSISTED LIVING FACILITIES AND
CONTINUING CARE RETIREMENT COMMUNITIES LIMITED
TO 300 UNITS IN THE SRA; AND NO COMMERCIAL USES IN
THE NEIGHBORHOOD GENERAL CONTEXT ZONE; AND 15
ACRES OF AMENITY CENTER SITES; ALL SUBJECT TO A
MAXIMUM PM PEAK HOUR TRIP CAP; AND APPROVING
THE STEWARDSHIP RECEIVING AREA CREDIT
AGREEMENT FOR BRIGHTSHORE VILLAGE STEWARDSHIP
RECEIVING AREA AND ESTABLISHING THAT 5198.4
STEWARDSHIP CREDITS ARE BEING UTILIZED BY THE
DESIGNATION OF THE BRIGHTSHORE VILLAGE
STEWARDSHIP RECEIVING AREA. THE SUBJECT
PROPERTY IS LOCATED NORTH OF IMMOKALEE ROAD,
NORTHEAST OF THE INTERSECTION OF RED HAWK LANE
AND IMMOKALEE ROAD IN SECTIONS 18 AND 19,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY,
FLORIDA. (COMPANION ITEMS TO BE HEARD AT THE
December 13, 2022
Page 107
SAME TIME AS ITEMS #9D, #11B, AND #11C) [PL20210001067]
– MOTION TO APPROVE BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER SAUNDERS – ADOPTED
Item #9D
ORDINANCE 2022-50: AN ORDINANCE ESTABLISHING THE
BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT
(CDD) PURSUANT TO SECTION 190.005(2), FLORIDA
STATUTES. (COMPANION ITEM TO BE HEARD AT THE
SAME TIME AS ITEMS #9A, #11B, AND #11C) [PL20220003103]
- MOTION TO APPROVE BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER SAUNDERS – ADOPTED
Item #11B
DEVELOPER AGREEMENT WITH HOGAN FARMS, LLC,
(DEVELOPER) THAT WILL RESERVE RIGHT-OF-WAY AND
STORMWATER MANAGEMENT FOR THE FUTURE
WIDENING OF IMMOKALEE ROAD, RESERVATION FOR
FUTURE INTERSECTION IMPROVEMENTS AT IMMOKALEE
ROAD AND RED HAWK LANE AND PROVIDE FOR A
COMMITMENT TO SWAP LAND TO ACCOMMODATE
INTERSECTION IMPROVEMENTS AT CAMP KEAIS ROAD
AND IMMOKALEE ROAD. COMPANION ITEM TO
REMAINING BRIGHTSHORE SRA DOCUMENTS &
DEVELOPER AGREEMENT (COMPANION ITEM TO BE
HEARD AT THE SAME TIME AS ITEMS #9C, #9D, AND #11C) -
MOTION TO APPROVE BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER SAUNDERS – APPROVED
December 13, 2022
Page 108
Item #11C
AGREEMENT BETWEEN HOGAN FARMS, LLC,
(LANDOWNER) AND THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING
EX-OFFICIO AS THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER SEWER DISTRICT (CCWSD) TO
EXCLUSIVELY PROVIDE POTABLE WATER, WASTEWATER
AND IRRIGATION QUALITY WATER SERVICES WITHIN THE
BRIGHTSHORE STEWARDSHIP RECEIVING AREA (SRA)
DEVELOPMENT F/K/A HOGAN ISLAND VILLAGE
(COMPANION ITEM TO BE HEARD AT THE SAME TIME AS
ITEMS #9C, #9D, AND #11B) - MOTION TO APPROVE BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
SAUNDERS – APPROVED
MS. PATTERSON: We have Items 9C, 9D, 11B, and 11C all
dealing with the Brightshore Stewardship Receiving Area that was
scheduled for no sooner than 1:00, so that would really be where we
start.
CHAIRMAN McDANIEL: Let's start there.
MS. PATTERSON: So these are companion items. This is the
Brightshore Stewardship Receiving Area Zoning Overlay, the
Community Development District, Developer Agreement, and
Utilities Agreement. We're starting with 9C. Briefly, this is a
recommendation to approve a resolution designating 681.5 acres
within the Rural Land Stewardship Area Zoning Overlay District as a
Stewardship Receiving Area to be known as the Brightshore Village
Stewardship Receiving Area.
We'll start there and the companion items will follow.
CHAIRMAN McDANIEL: Thank you for not reading that
December 13, 2022
Page 109
whole thing.
Mr. Yovanovich?
Do we want to swear everybody in?
MS. PATTERSON: And ex parte.
CHAIRMAN McDANIEL: And ex parte. So let's swear
everybody in, then we'll do our ex parte.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN McDANIEL: And, Commissioner Kowal, are
you -- do you have -- do you have -- I'll go first. I have ex parte
disclosure on 9C. I've had phone calls, emails, and conversations.
So I'll go first, and then Commissioner Kowal.
COMMISSIONER KOWAL: I also, on 9C, have ex parte a
meeting and a correspondence.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I have the same thing on 9C,
correspondence and meetings and emails.
CHAIRMAN McDANIEL: Very good. And if you would do
me the favor of staying up on your microphone. My mother's
chirping at me. She can't hear you.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: 9C, I have meetings and
emails.
CHAIRMAN McDANIEL: Commissioner Hall.
COMMISSIONER HALL: I also have emails and a letter and
personal conversation.
CHAIRMAN McDANIEL: Okay. Now we'll go.
MR. YOVANOVICH: Okay. Did you swear us?
THE COURT REPORTER: Nods head.
MR. YOVANOVICH: For the record, Rich Yovanovich on
behalf of the petitioner. We're hearing all of them all at the same
December 13, 2022
Page 110
time, correct?
CHAIRMAN McDANIEL: That's correct.
MR. YOVANOVICH: So I just want to make sure the public
hearing is opened on all four, and I understand you'll probably vote
separately on those.
I could go one of two ways on this. I didn't see a whole lot of
public here to really speak. I can do the detailed presentation, or I
can basically summarize the petition. And I think the real issue
relates to a letter that you all received from the neighborhood
association regarding potential access off of Immokalee Road. We
can go right to that issue, Commissioners, or if you want us to do a
presentation on the entire village application, tell us --
COMMISSIONER HALL: I'm good with a summary.
CHAIRMAN McDANIEL: Yeah. If you would summarize
your complete application and just a brief overview more than
anything.
MR. YOVANOVICH: I'm happy to do that.
You can see on the monitors the location of the property. It's a
little over 681 acres. It's on the curve of Immokalee Road just not
too far away from Everglades Boulevard. The total request is for
2,000 dwelling units on those 681 acres, 10 percent of the units have
to be single-family detached, a minimum of 10 percent of the units
have to be typical multifamily, and a minimum of 10 percent have to
be single-family attached because we're required to have a diversity
of product type within the village.
Within the village center, we'll have a minimum of 106,000 and
up to 120,000 square feet of neighborhood retail and office because
we're required to provide neighborhood and retail and office within
the village, and we'll have a minimum of 20,000 square feet of civic
space, which is also a requirement of the village. And we also have
the ability to do up to 100,000 square feet of self-storage which does
December 13, 2022
Page 111
not count against the neighborhood retail.
We will have public parks that are open to the public, and I'll
quickly go to the master plan. The public parks are located here and
here, and in both of those public parks we'll have a minimum of 20
parking spaces at each park for the public to come and utilize those
spaces. The park has to be completed before the 750th CO is issued
for the village.
We are required to meet the affordable housing requirements,
which would be 170 units. We'll either do it on site or we'll find
another location proximate to the village, at which those 170 units
will be provided.
We have both a utility and a road DCA to address road issues.
We'll be providing Immokalee Road right-of-way upon site for the
road right-of-way and other related issues regarding studying
Redhawk and the intersection of Redhawk and Immokalee Road.
We'll also be paying $555,650 towards operational impacts to
various intersections related to this, and we'll be required to provide
and pay for traffic signals if they're necessary at the project entrances.
That's part of the road DCA.
CHAIRMAN McDANIEL: And DCA stands for?
MR. YOVANOVICH: Developer Contribution Agreement,
sorry.
CHAIRMAN McDANIEL: Don't be sorry.
MR. YOVANOVICH: I know we speak that language, and a
lot of people haven't learned to speak that language yet, so I
apologize.
CHAIRMAN McDANIEL: Yes. It's okay.
MR. YOVANOVICH: And then we also have a utility
Developer Contribution Agreement. Again, we will be providing
five acres for the utilities, and we will be prepaying 250 ERCs,
equivalent residential connections, for both water and sewer, and we
December 13, 2022
Page 112
can redeem those prepaid at 50 percent for each of those related
to -- as we pull permits. So basically we'll -- it will take us 500 units
to use up the 250 prepaid units.
I think I've hit all the highlights related to the village. We went
to the Planning Commission. The Planning Commission
unanimously recommended approval of the -- of the SRA. And
staff's recommending approval. And, obviously, we've negotiated
both the utility Developer Contribution Agreement and the road or
transportation Developer Contribution Agreement with your staff.
We're also setting up a Community Development District which
would -- is a special local purpose independent government that will
be involved in funding infrastructure and other parts of the village.
We've been deemed to be fiscally neutral, which is also a
requirement of the Growth Management Plan.
And I think I've hit all the highlights. We're available to answer
any questions you may have from me or the team.
Mr. Mulhere reminded me that -- I don't think so, Bob. It's at
the very end. It's right there.
This is a minor change that we agreed to with Jaime Cook. We
needed to add the words "as applicable," should we be required to get
any approvals from any other agencies. If we're required to do that,
we will. If we're not, then we'll just have these management plans
approved. But that's been reviewed and approved by your
environmental staff.
And with that, I think I've covered everything I needed to cover
in our presentation, and we're available to answer any questions you
may have.
CHAIRMAN McDANIEL: You did a very thorough job of
explaining this well in advance. So I don't have any question. Nor
does my -- do my colleagues. So let's go to the staff report, and then
we'll have public comment.
December 13, 2022
Page 113
MR. BOSI: Mike Bosi, Planning and Zoning director.
One difference I'd like to point out, and Mr. Yovanovich
provided our summary. We are making a recommendation of
approval, and it was a unanimous recommendation with a couple
conditions that were put on by the Planning Commission. One thing
I would like to point out to our newest members, this is an SRA.
The requirement for a PUD --
CHAIRMAN McDANIEL: What's SRA stand for?
MR. BOSI: A Stewardship Receiving Area.
CHAIRMAN McDANIEL: Thank you.
MR. BOSI: The requirement for a PUD requires a
supermajority, but this is in the Rural Lands Stewardship Area, an
overlay within our Growth Management Plan. It's been determined
by an administrative law judge that for approval you only need three
votes, not a supermajority of four votes, and why that is is for them to
come here and request these -- this village, they had to create a
Stewardship Sending Area. That's an SSA, meaning they had to set
aside a number of acres, about a three-to-one exchange towards
where they have to set aside those acres, they will receive credits,
those credits are entitle -- would entitle this land. So they're already
in the program somewhat, so it only requires a three-vote, not a
four-vote supermajority.
Staff is recommending approval. We have had a third party
determine that the fiscal neutrality was appropriate and seemed to
meet that level of neutrality, and staff would be entertaining
questions that you may have.
CHAIRMAN McDANIEL: I have no further questions.
Thank you, sir.
MR. MILLER: Mr. Chair, we have four registered speakers for
this item. First up, Rae Ann Burton, and she will be followed by
Mike Petscher.
December 13, 2022
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CHAIRMAN McDANIEL: Bless you, by the way.
MS. BURTON: Good afternoon. My name is Rae Ann
Burton, Rural Golden Gate Estates.
The Estate residents are requesting the BCC's help in protecting
our quality of life, water source, and wildlife environment.
Development should be part of the Estates' solution, not a separate
problem. It is no place -- it is no place for high-end high-rise rentals
or timeshares. Allowing developers to disregard the Growth
Management Plan endangers wildlife; destroys habitat and the unique
area; creates traffic congestion, exhaustion, pollution, accidents,
some fatal, more since development started two years ago.
Increased demand on water creates more demand on our public
utilities. We don't want to become Miami West. Please hear the
strong objections of the impacted residents. Don't approve any
amendments that only favors the developers. Everyone has a right to
develop their property but not at the cost of another.
Roads are not the problem; building congested, dense
communities is. All we want is to enjoy our homes and our
properties without pollution, traffic congestion, take a walk without
fear of being hit by someone cutting through the Estates. We moved
to the Estates to enjoy nature, open spaces, some having invested
their entire lifesavings in their property. Please help us protect our
quality of life free from congested traffic and pollution. These
projects are not beneficial to the Estate residents. Please don't
approve.
MR. MILLER: Your next speaker is Mike Petscher. He will
be followed by Brad Cornell.
MR. PETSCHER: Hello, Commissioners. My name is Mike
Petscher, and I'm here representing the Corkscrew Island
Neighborhood Association.
On October 18th, the Corkscrew Island Neighborhood
December 13, 2022
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Association met and passed a resolution. The Corkscrew Island
Neighborhood Association requests the commissioners to require
Brightshore Village to revise their -- to revise their commitment to
recognize that a study at the Redhawk and Immokalee intersection is
warranted and that the developers of Brightshore Village will share
the expense with the Immokalee Road Rural Village for a study,
design, and construction of the intersection improvements at no
expense to the county or adjacent property owners with the
appropriate -- with appropriate deadlines.
Corkscrew Island Neighborhood Association requests the
commissioners to require Brightshore Villages to improve turning
lanes on Immokalee Road at Friendship and Lilac Lane.
Brightshore Village -- Brightshore Village's proposed road plan
connects their development to Redhawk Lane, a private road located
within the boundary of Corkscrew Island Neighborhood Association
thereby impacting the intersection of Redhawk Lane and Immokalee
Road.
Brightshore Village is expected to increase peak traffic
out -- peak traffic volume on Immokalee Road through the
association neighborhood by an amount equivalent to the current
traffic level, which results in a traffic level that exceeds the level of
service on this two-lane highway.
Thank you.
CHAIRMAN McDANIEL: Thank you, Michael.
MR. MILLER: Our next speaker is Brad Cornell, and he will
be followed by Meredith Budd.
MR. CORNELL: Good afternoon, Commissioners. I'm Brad
Cornell. I'm here on behalf of Audubon Western Everglades and
Audubon Florida and its Corkscrew Swamp Sanctuary.
This proposal is coming before you as part the Rural Lands
Stewardship program, as you heard Mike Bosi talk about, and it's
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important to remember that this is a strategy to reduce the amount of
space, acreage, and impact of accommodating increased population
growth in Collier County going forward.
You know, as a conservation organization, I would love it if
people would stop coming to Florida and stop coming here. I
want -- you know, I'm happy just here by myself. Where are all
these people coming from? But that's not my prerogative, and it's
not any of our prerogative.
Our job is to figure out how do we accommodate the increase
over the coming decades in population without harming the resources
on which we all depend; the water resources, the water quality, the
wildlife, the habitat. That's absolutely vital for the sustainability of
Collier County and the attractiveness of why we all are moving here.
So in that vein, that is why Audubon has been supporting Rural
Lands Stewardship Area strategies that put commercial and
residential uses together.
Look at Golden Gate Estates where you see very little
commercial. People who live there have to drive a long way to get
to their commercial. It's one of the things that drives traffic
problems on roads like 846 and Immokalee Road.
So let's figure out a better way to do that. Let's mix those uses,
and let's have these kinds of villages that also require -- in order for
their entitlement, this village is requiring credits from Stewardship
Sending Area 6. That sending area is down by the panther refuge.
It is a huge sending area, and they're taking over 5,000 credits from
that to make that a permanent stewardship area. And that's -- we
think that's a great deal. It's a three-to-one benefit; three acres of
panther habitat for every acre of this new village. I think that's a
compromise that is worthy of our support.
And so I urge you to move forward with this because of that
scenario. This is a smart way to deal with population growth that is
December 13, 2022
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inevitable. We've got to deal with this in a sustainable way that does
not kill panthers, does not harm our water quality, and resources. So
thanks very much.
MR. MILLER: Mr. Chair, your final registered speaker on this
item is Meredith Budd.
MS. BUDD: Good afternoon. Meredith Budd on behalf of the
Florida Wildlife Federation. Welcome to the two new
commissioners. Appreciate the time to speak.
The Florida Wildlife Federation, we use the panther as our
guiding species for much of our work, and that's because the panther
is an umbrella species. When you protect the panther, you end up
protecting a whole multitude of other --
CHAIRMAN McDANIEL: Go slow.
MS. BUDD: -- wildlife.
CHAIRMAN McDANIEL: Poor Terri's working on --
MS. BUDD: And so when we talk about Collier County, which
is the heart of panther habitat as we move out east, Collier County is
not immune to population growth. And out of the rural lands that
surround Immokalee, 90 percent are privately owned.
So the Federation recognizes and understands that these
landowners have vested rights for potential development across this
region. And since growth and development are going to continue
across Southwest Florida, the future of our panther, this charismatic
cat, depend on the land-use decisions that you-all make here today.
And when you look at the Estates predevelopment, it was
actually predominantly wetlands, and a lot of it -- a lot of it
resembled what we would see out in the Rural Lands Stewardship
Area today.
And so it's evident with even federal protections that we have in
place, like the Clean Water Act, the Endangered Species Act, that it's
not really protecting our most important natural resources as we see
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what happened in Golden Gate Estates.
So we need to take that step with the Rural Lands Stewardship
Area Overlay. And it's why it's so critical in order to protect these
wildlife movement corridors and our water resources, and that's
precisely why the Federation is so supportive of the Rural Lands
Stewardship Area program.
By designating Stewardship Receiving Areas, which is what is
before you today, that's how the program works in terms of getting
that conservation. We get conservation, preservation, and
potentially restoration of these important areas by allowing for
compact development to go into areas that are of lesser
environmental value, like a cleared farm field, of which the project
that is being presented to you today is.
And on top of that, we've been working with the applicant for
years on this project since its inception, that they've been also
amenable to implementing some wildlife conflict mitigation
measures like bear-proof trash cans and things of the like that will
help to minimize any sort of conflict that could arise from being on
lands that are surrounded by such conservation areas.
And for the item that is attached to this for the right-of-way,
what I did want to just place on your radar is that this area is
surrounded by conservation lands; CREW to the west and to the
north, and then Conservation Collier has a targeted protection
strategy for Panther Walk, which is just to the south side of
Immokalee.
So just to have on your radar as you're looking at a potential
widening right-of-way into the future, there is a need for a wildlife
crossing on Immokalee Road to ensure this natural, currently
occurring wildlife movement corridor where wildlife, panthers, bears
are, going from CREW upwards north of Immokalee into the
northern part of CREW, that they can continue to persist, especially
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as traffic increases and the road is potentially widened. That's not
necessarily for today's decision, but something to keep on your radar
and understand as you move forward with potential road widening, a
crossing is needed in that area to maintain wildlife corridor
movement in protecting those animals and for human safety on that
road. So thank you so very much.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: That was our final speaker, Mr. Chairman.
CHAIRMAN McDANIEL: Okay. With that, we'll close the
public speaking portion of it. I have a -- if I may, I have a quick
question for Trinity, for our staff. Good afternoon.
MS. SCOTT: Good afternoon.
CHAIRMAN McDANIEL: You know, in the Developer
Contribution Agreement portion of this application, are you satisfied
that the applicant has come forward with sufficient funding to support
the needs of the community with regard to the impacts of this project
from a traffic standpoint?
MS. SCOTT: Yes, I am.
CHAIRMAN McDANIEL: Okay. The intersection of
Redhawk and Immokalee Road intertwines with the Immokalee Rural
Village project, which I think we approved it two months ago; if I'm
not mistaken, about two months ago. And it's imperative that that
intersection coincides with Immokalee Rural Village and what we are
talking today about with Redhawk is improved in some form or
format. So -- and I think we have language in the Immokalee Rural
Village project to ensure that they're paying their -- taking up and
paying their proportionate share. Is this developer doing the same
thing?
MS. SCOTT: So the Immokalee Road Rural Village has gone
through the Growth Management Plan process. They have not come
back in for a village or a PUD yet; however, we have been working
December 13, 2022
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with them on this same intersection. So this particular -- the
developer agreement indicates that the developer would pay their
proportionate share towards the study. I'm trying to find where it
is -- the study, design, and construction of the intersection as well as
there is a commitment that they have reserved right-of-way in the
vicinity -- a corner clip, if you will -- that would allow us to be able
to encroach on their property depending on how the intersection
would line up.
CHAIRMAN McDANIEL: As you know, I'm president of the
Corkscrew Island Neighborhood Association. Commissioner
Coletta created the Corkscrew Island Neighborhood Association in
2000 -- 2000. And I tried to get Mr. Petscher to take on the
president last time when they elected us, and he wouldn't do it. So I
got bequeathed to be the president again.
Our neighborhood has concerns because we all access -- not we
all. The majority of us access Immokalee Road on private roads that
come in contact with Immokalee Road. Has any discussion been
had with regard to improvements of safety and such as what was
mentioned by the association?
MS. SCOTT: So with the specific developer, the only
improvements that I can ask them to make have to have a rationale
nexus back to their development, and we would typically not ask a
developer to add a turn lane to a private roadway based on the
increase of traffic on -- of the through lane.
We have looked at it from a staff perspective of just looking at
the area, but we do not have any current projects identified to add
turn lanes.
CHAIRMAN McDANIEL: And has any investigation been
accomplished with regard to utilities along that right-of-way as to
where they're located and in what proximity they are for those
intersections?
December 13, 2022
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MS. SCOTT: We have not gone through that level of detail
with regard to a design.
CHAIRMAN McDANIEL: Okay. Thank you.
I'm ready for you.
MR. YOVANOVICH: As you know, Barron Collier
Companies has been here for quite a while and has prided itself on,
you know, going above and beyond what's the legal requirements.
After receiving the letter and giving it some further thought and
discussion, Barron Collier Companies is willing to participate in
some improvements to the road. They are committed to contributing
up to an additional $50,000 above what's already in the agreement to
be used by the county how it deems fit to address
neighborhood-related concerns. It's something that they want to do
above and beyond what's legally required and is willing to do that
and put it towards road improvements, and hopefully that -- the
neighborhood will see that as beneficial to the neighborhood.
Because we've already agreed, as you know in the agreement, to
address Redhawk.
CHAIRMAN McDANIEL: Right.
MR. YOVANOVICH: This is beyond Redhawk. And just
real briefly, I just -- I know -- maybe the new commissioners know,
we're not part of the Estates. We're our own separate area, which is
the Rural Lands Stewardship Area. So this program, as you've heard
from both Brad and Meredith, is a program that is beneficial to the
environment and has been negotiated and been in place since the
early 2000s, and we are now implementing that program.
And with that, we are requesting that the Board of County
Commissioners approve all four related items: The SRA, the two
developer contribution agreements, and the creation of the
establishment of the CDD.
If you have any further questions, we're happy to answer any
December 13, 2022
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questions.
CHAIRMAN McDANIEL: If I can repeat what I think I just
heard you say was that Barron Collier Companies will contribute up
to an additional $50,000 for safety improvements, turning lanes, so
on and so forth --
MR. YOVANOVICH: Yep.
CHAIRMAN McDANIEL: -- along the corridor to the west of
where Brightshore has its access point. Their primary access point
right now is going to be, I think I heard, at Redhawk and Immokalee
Road.
MR. YOVANOVICH: No. That's not the primary entrance at
all. That's actually a very limited -- I'm trying to get to the master
plan real quick. The primary --
CHAIRMAN McDANIEL: Oh, okay. The primary's back to
the east of the intersection. The park access will be off of Redhawk,
okay.
MR. YOVANOVICH: Yes, that can be off of there, or it can
be through -- this main roadway is all additionally this way.
Because, as you know, Redhawk is a private road.
CHAIRMAN McDANIEL: Yes, sir. I'm well aware.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I'm fully aware of the prohibition on illegal exactions, and as I
was listening to the presentation, I was going to ask you if there was
any ability to provide some funding for that Redhawk/Immokalee
Road intersection, and I think you offered up $50,000 for --
MR. YOVANOVICH: Actually, the Developer Contribution
Agreement already -- we've already committed to paying our fair
share towards the study and the improvements -- necessary
improvements to Redhawk and Immokalee Road. This would be in
addition to.
December 13, 2022
Page 123
COMMISSIONER SAUNDERS: Yeah. And I was going to
ask -- I was going to ask if you would be willing to make an
additional contribution, but I was thinking more in the terms of about
$100,000 instead of 50-. So I'll simple ask, do you have any
flexibility there?
MR. YOVANOVICH: I shouldn't -- you know, for those of
you who are old enough, the old Saturn dealerships you make your
best offer, we went in at the top number instead of coming in lower to
go up.
COMMISSIONER SAUNDERS: Really? Are you serious?
MR. YOVANOVICH: I'm serious.
COMMISSIONER SAUNDERS: No one does that.
MR. YOVANOVICH: Yeah, I know. Maybe I shouldn't
have.
COMMISSIONER SAUNDERS: You're under oath. All
right. Thank you.
CHAIRMAN McDANIEL: So it's the 50,000.
MR. MILLER: Mr. Chairman, my apologies. We had a
gentleman who had registered on Zoom. He'd been online all day,
and when I went to call him, he had dropped off, lost his connection.
So if we could take him at that time -- this time, that would be great.
CHAIRMAN McDANIEL: That will be fine. I have closed
the public hearing. Do I need to reopen it to be able to hear this poor
soul?
MR. KLATZKOW: Just put him on.
MR. MILLER: All right. Mr. Schwartz, I can see you're
unmuted. Go ahead, please, sir.
MR. SCHWARTZ: Okay. You can hear me?
MR. MILLER: Yes, sir.
MR. SCHWARTZ: Okay. Perfect. And apologies, I lost the
connection briefly and back on right now.
December 13, 2022
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This is my second time speaking to this issue. The first time
was to the Collier County Planning Commission. And I closed my
comments there with a suggestion -- suggestion that the county bring
in the federal scientists who as you all know worked 10 years on a
draft biological opinion on the entire RLSA, although in that context
it was called a Habitat Conservation Plan for Eastern Collier. The
plan was written over a 10-year period.
Earlier this year, the federal scientists or the U.S. Fish and
Wildlife Service received a letter from the Eastern Collier Property
Owners, including this one, saying we're quitting the process.
I want to talk about that a little bit. It's unfortunate that they
dropped out before the plan could be finalized. The ending had a
very strange conclusion the RLSA or the HCP would/would not
create jeopardy for the Florida panther. Jeopardy is the likelihood of
extinction.
What happened here was that the scientists actually did the
research, though, and they did find significant evidence for jeopardy
in terms of massive amounts of -- remember, we're not just talking
about these 600 acres. This is a part of a 45,000-acre development.
This level of habitat loss, this level of habitat fragmentation, but
especially the roadkill. They predicted at least 10 more panthers
killed per year on the basis of this project, meaning the entire RLSA.
That's unacceptable especially when you look at the context, 25
panthers have been killed this year -- 27, actually; 25 by roadkill.
The property owners made some ridiculous comments. They said
that you can't look at roadkill from our project. We're only asking
you to analyze the impacts of harassment on animals during
construction. Whatever happens off site, off of our properties has
nothing to do with us. But, of course, that added traffic -- and they
analyzed how much more traffic, something close to a million new
vehicle trips a year from all this development.
December 13, 2022
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Now remember, the RLSA isn't the whole package. It also
includes Immokalee Road Rural Village, the last project you guys
approved during Hurricane Ian. Actually, during the evacuation of
Hurricane Ian.
There were other silly things in the letter of withdrawal saying
that besides not being able to analyze the roadkill, it has nothing to do
with us, is that the RLSA is better, as Meredith Budd was saying,
than what would come after. The feds don't do it that way. When
they look at a project, they look at the impacts to the baseline
environmental conditions, what's there now? Not some hypothetical
future of buildout.
They say, what's there right now? What's there right now is
rural lands with no population. You put these projects on it, and
suddenly you're changing it completely. That's what they analyze.
And the property owners said, you can't analyze that. You can
only look at what we tell you to look it. It doesn't work that way.
They weren't happy, and they quit. They were sore losers, and they
quit.
What I'm suggesting to you right now -- I want to close on
this -- bring the federal scientists in. They spent 10 years writing
this draft opinion. For the Planning Commission to say, don't bother
us with federal scientists, we did our own two-year review, who is the
better expert on this issue, impacts on the Florida panther; federal
scientists who work on endangered species impacts or the so-called
experts that the county brought in? I'm not trying to denigrate the
process, but there was an alternative process that took place over a
long period of time by federal scientists. Why don't you put this on
hold, bring the federal scientists in for a workshop, let the public
attend as well, have your experts there, hash it out. Is this
acceptable? Is this going to lead to jeopardy for the Florida panther?
The federal scientists believe it will. I strongly believe it will.
December 13, 2022
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CHAIRMAN McDANIEL: Thank you, sir. Your three
minutes -- your three-minute bell went off.
MR. MILLER: That's all.
CHAIRMAN McDANIEL: Okay. Now we are done with the
public comment.
So with that, any other questions from my colleagues?
(No response.)
CHAIRMAN McDANIEL: I'll call for a motion, then. The
recommendation is that we approve the project from staff and with
the -- with the comments and such from the Planning Commission.
COMMISSIONER HALL: So move.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the project with the commitments that the developer has
made also included in today's hearing with regard to the additional --
COMMISSIONER SAUNDERS: Mr. Yovanovich has asked a
question. Is this to all four of them? And I assume that includes the
$100,000?
MR. YOVANOVICH: The 50-, yes, sir.
CHAIRMAN McDANIEL: Yeah, the 50-.
MS. PATTERSON: Commissioners, for clarification, we're
taking --
CHAIRMAN McDANIEL: 9C, D, 11B and C.
MS. PATTERSON: Okay. All right.
CHAIRMAN McDANIEL: We're going to do them all in one
shot.
COMMISSIONER HALL: Yes.
CHAIRMAN McDANIEL: If that's okay with the motion
maker and second.
COMMISSIONER SAUNDERS: (Nods head.)
CHAIRMAN McDANIEL: Okay. It's been moved and
December 13, 2022
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seconded that we approve all these with those additions. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. YOVANOVICH: Thank you.
CHAIRMAN McDANIEL: Thank you.
MR. MULHERE: Thank you.
Item #9B
ORDINANCE 2022-51: 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 A RURAL
AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL
SINGLE FAMILY-4 (RSF-4) ZONING DISTRICT, TO ALLOW
UP TO 13 SINGLE FAMILY DWELLING UNITS WITH A
December 13, 2022
Page 128
MAXIMUM DENSITY OF UP TO 2.45+/- DWELLING UNITS
PER ACRE ON PROPERTY LOCATED AT 5715 MAPLE LANE,
WEST OF THE MYRTLE COVE ACRES UNIT 1 SUBDIVISION,
NORTH OF MAPLE LANE, AND SOUTHWEST OF TAMIAMI
TRAIL EAST, IN SECTION 30, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA (ZONING PETITION
RZ-PL20210002449) - MOTION TO APPROVE BY
COMMISSIONER LOCASTRO; SECONDED BY
COMMISSIONER KOWAL – ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 9B.
This is a recommendation to adopt an ordinance of the Board of
County Commissioners of Collier County, Florida, amending
Ordinance No. 2004-41 as amended, the Collier County --
CHAIRMAN McDANIEL: Which one is this?
MS. PATTERSON: This is Maple Lane, 9B.
-- 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 a rural
agricultural zoning district to a Residential Single-Family 4 zoning
district to allow up to 13 single-family dwelling units with a
maximum density of up to 2.45 plus-or-minus dwelling units per acre
on property located at 5715 Maple Lane west of the Myrtle Cove
Acres Unit 1 Subdivision, north of Maple Lane and southwest of
Tamiami Trail East in Section 30, Township 50 South, Range 26
East, Collier County, Florida.
This requires ex parte and to be sworn in.
CHAIRMAN McDANIEL: All right. Commissioner Kowal,
do you have any ex parte?
December 13, 2022
Page 129
COMMISSIONER KOWAL: Yes. Ex parte disclosure,
meetings and email.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Same thing, some meetings
and emails.
CHAIRMAN McDANIEL: I have none -- I have no
disclosures on this particular item.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I have meetings,
correspondence, and emails.
CHAIRMAN McDANIEL: And, Commissioner Hall.
COMMISSIONER HALL: Just meetings only.
CHAIRMAN McDANIEL: With that, we'll do the swearing in.
Anybody that has an opportunity to speak, please raise -- please
stand, raise your right hand.
(The speakers were duly sworn and indicated in the affirmative.)
MR. ARNOLD: Good afternoon, Commissioners. I'm Wayne
Arnold with Grady Minor & Associates, a certified planner
representing the owners of the property at 5175 Maple Lane.
Our project team consists of Rich Yovanovich, who's our
land-use counsel; Mike Delate, one of the professional engineers
from our firm that has been working on the water management
design; Jim Banks is our traffic consultant; and Marco Espinar did
the minor environmental work.
And I'll make the principals' short presentation. If you have
questions, we'll bring up our experts as may be necessary.
CHAIRMAN McDANIEL: Please.
MR. ARNOLD: So this property is just over five acres. It's
located west of Myrtle Cove Acres, south of Tamiami Trail. It's
a -- as I said, a little over five acres. It's in your urban area. It
qualifies for a density of up to three units per acre for standard
December 13, 2022
Page 130
housing without any affordable housing. So that gets us to about 16
dwelling units. Through the process, we agreed to limit the
residential density number total to 13 overall dwelling units, so that
brings us in at just under 2.5 dwelling units per acre.
The water has -- the property has water and sewer services to it.
And we've made a couple of conditions. It's -- the rezoning, as
is in the title, is for conventional zoning, straight zoning as some
people call it. It's not a Planned Unit Development. This is RSF-4
zoning. All the surrounding properties are also zoned RSF-4, so it
made sense for us to just come through the straight zoning process.
They're not that common, but they do occur, and your staff has
offered some conditions of approval for the project.
So we're going from agricultural use to the RSF-4 zoning. The
property historically has been altered and used for landscape nursery
operations, so it's had a commercial use on the property for a number
of years.
The RSF-4 requirements -- I'm not going to go through all of
them, but it allows only single-family dwellings. It allows only
those to be on certain lot sizes. In this case 70 feet is your minimum
lot width.
We agreed to a conceptual plan. It's not required for
conventional rezoning, but we can show you how the 13 units would
be located on -- in this case, not a cul-de-sac, but it's called a
hammerhead design for the internal street.
So there would be Maple Lane and an easement and a utility
easement that's one of the conditions, and then this is our conceptual
design.
Our neighborhood meeting also raised some issues with regard
to drainage in the area. So you'll find in the list of eight conditions,
we made a commitment on water management design as part of the
25-year, three-day storm event, which is typical of what our design
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standard is, and then we also agreed to -- it doesn't look like much,
but this is a conceptual water management system, and we agreed to
discharge.
So on the right side of the screen in this area, that would be an
outfall structure south of Maple Lane. If you go back to the
aerial -- we had some conversations with your staff, but there -- there
is a canal that runs around the property, and there's a discharge
structure that was part of your Lely Area Stormwater Improvement
Plan, and we agreed to discharge south of that to make sure that we
weren't discharging to the north and, thereby, having any potential
negative impact on the nearby property owners.
One of the other commitments that's in there, Raintree Lane,
which is this property, this street, we agreed that no construction
access nor project access would be allowed on Raintree Lane, and so
that is one of the first commitments that is in the list of commitments.
With that, that's our brief presentation. Staff recommends
approval. The Planning Commission unanimously recommended
approval. I'm not going to go through all the 18 standard findings
for a rezoning, but we've addressed those as part of the application
and part of the record with the Planning Commission, and we're
consistent with your Comprehensive Planning and ask you to approve
it.
CHAIRMAN McDANIEL: Now we'll hear from staff.
MR. BOSI: Mike Bosi, Planning and Zoning director.
As stated by the applicant, this was unanimously recommended
for approval from the Planning Commission subject to staff's
suggested conditions. Staff has found it compliant with the Growth
Management Plan recognizing that there was more density that was
available, but they've tried to right-size their lots in comparison to the
existing neighborhood that sits to the east.
And staff is recommending approval. Like I said, it was
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unanimously recommended for approval from the Planning
Commission as well, and any questions that you may have from
staff's perspective.
CHAIRMAN McDANIEL: Thank you.
Now we'll move to the public comment.
MR. MILLER: Mr. Chairman, we have three registered
speakers for this item. Your first speaker is Ryan Young, and he
will be followed by William Bennett.
MR. YOUNG: Thank you. Ryan Young, local business
owner and resident of Raintree Lane in Myrtle Cove Acres. And
thank you guys for having me and giving me the opportunity to speak
to you. I've been to -- through this whole process. It's my first time
going through this whole process. And I'm pretty excited to be at the
end of it in front of the decision makers.
You know, it's kind of been checking boxes and pushing papers
up until this point, but you guys have the ability to decide in another
way. And, you know, Commissioner Hall said earlier that he wants
to make decisions that are right and that make sense. So that rings a
bell with me, and it has a lot to do with this project, my
neighborhood, which in my mind is the Pine Ridge Road estates of
East Naples, and I'll tell you why.
You know, we've reduced the density in this new project to be
13 units per acre [sic] in RSF-4 designation, which is currently what
our community is zoned as. Whether that's correct or not is the real
question here.
Our community predates our zoning ordinances. And if you
look at the lot sizes around our community, they're a whole lot
different than what's about to go in. My lot is one on the smaller
side of the average for the community with 100-foot width and
175-foot depth for about 17,000 square feet of space for one lot.
This is going to be less than half of that.
December 13, 2022
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So whether or not RSF-4 is appropriate for our community is the
question at hand. Because right now we're using "it is what it is" to
approve the new zoning for this area. But our neighborhood doesn't
fall within RSF-4 zoning. It's more somewhere in between RSF-2
and RSF-3. Every lot, with the exception of one on both Raintree
and Maple Lane, fall under that category.
So this might be an antiquated thing. The zoning might have
been just, all right, we need to put the zoning on this; let's make it
RSF-4. Is that the right thing to do? I don't know. I think we need
to pump the brakes a little bit and look at what's appropriate for our
entire community and whether putting a square peg in a round hole is
going to make sense on a five-acre lot abutting agricultural and a
neighborhood that is closer aligned with RSF-2 and RSF-3 versus
RSF-4, which would reduce the density a little bit.
We understand this lot's going to be developed. We just want
to do it in a smart way. To take our little crown jewel of East Naples
here, our nice big lots, mostly business owners, families, working
people. Instead of building little country club style living nestled
back in there, our community has a certain feel to it, and I think that's
what makes it so attractive and why we love it so much.
So I hope that you guys consider the zoning of our
neighborhood in general, maybe an overlay, maybe changing. If I
didn't run two businesses, I would have already founded a POA and
started the process, but a little too busy for that.
But thank you guys for your time.
CHAIRMAN McDANIEL: Thank you, Ryan.
COMMISSIONER LoCASTRO: I have a question.
CHAIRMAN McDANIEL: Ryan, don't go away.
MR. YOUNG: Sure.
CHAIRMAN McDANIEL: Please. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah. First, I really
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appreciate you being here and being as active as you have been.
I will tell you, I had a lot concerns as well for this project, but a
lot of things have been changed, reduced, you know, consolidated.
You know, what I would ask you is, you can always hold out for a
little bit more, and that's what you're sort of saying here, but having
seen what the project initially was or could have been and what it is
now, I mean, what is your -- you know, like you said, you're living
closer to it than anybody else here in the room.
I mean, are you -- I have to think you have to have some
positive feel that this could have been something much worse, but
due to a lot of negotiations, probably even a lot of vocal things you
and others have said, things that I've done behind the scenes, boy, I
really feel like it's -- and I never want to say "as good as it's going to
get," because that's sort of a bit naïve. But I'm really encouraged
with what I see now and what I think I could have seen and even
what I was seeing on this project way back when. Would you agree
with that, or do you feel like there's still some non-negotiable things
that you're just shaking your head over?
MR. YOUNG: Well, I've definitely seen improvement, as you
said. The thing that concerns me a little bit more than even the
project itself, is if we zone this RSF-4, then does that lock our entire
community into RSF-4? Like, our lots are big enough for a
developer to come in and plow down one of the old homes, create an
easement along the side, and split it in two, and then we become
Naples Manor, which we're definitely not that.
So do we open Pandora's box and let that happen to the whole
neighborhood, or do we consider looking a little bit closer at what the
zoning should be rather than just it is what it is and then apply that to
this project so that we don't set the precedent right now?
COMMISSIONER LoCASTRO: Yeah, that's a great question.
And, I mean, with you here in the room and having our staff here and
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maybe, you know -- I'll let the Chairman decide, you know, who goes
first and who goes next. But I'd love to hear our staff answer that
question, because you said it in a very eloquent way, and I think they
have a very definitive answer, and it's important to sort of get -- have
it heard in this room while we're, you know, on the record, but thank
you very much.
MR. YOUNG: Thank you so much.
CHAIRMAN McDANIEL: Appreciate you.
MR. MILLER: Your next speaker is William Bennett. He'll
be followed by -- and I'll do my best here -- Kubra Akyuz.
MS. AKYUZ: Good enough.
MR. MILLER: I'm so sorry.
MS. AKYUZ: That's all right.
MR. BENNETT: Hi, guys. My name's William Bennett. I
live on Raintree Lane. If I could use the cursor here.
CHAIRMAN McDANIEL: We're not sure it works. We can
see it right there on the map there, William. You hit too many
buttons.
MR. BENNETT: Just the first street north of that is where I
live.
CHAIRMAN McDANIEL: One second, William. If you
would go back to the previous map, the picture that was up there. I
think he hit a button.
MR. BENNETT: Wayne will have to do that, sir. I'm not
familiar with the PowerPoint there.
CHAIRMAN McDANIEL: There we go.
MR. BENNETT: That's where I live. As a kid I lived on
Maple Lane, and actually that lot that we're talking about, we played
basketball on it, and right across where the new drainage is going to
be was our lot. And our house no longer exists there, and there's
now a canal, but -- so I've got a long standing in the neighborhood.
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And some of us are even four, five, and six generations in the
community.
I know growth has to happen. I live on it. That's part of my
business. But I just want to see it fair.
I think Ryan basically hit on everything I wanted to talk about,
and that's a zoning change on the property. If we allow the five
acres to have that much density, what happens when the next five
acres beside it sells, and now we have that additional traffic going
down.
If you were to take that highlighted area in yellow and you move
it over our area where we live, that's only nine houses. Why not just
match what the existing community has? That's all I'm asking for.
Because sooner or later that last five acres is going to change, and it's
going to be under the same zoning as what's going to happen here
today. And that's all I need to say.
CHAIRMAN McDANIEL: Thank you, sir.
MR. MILLER: Your final speaker is Kubra Akyuz.
MS. AKYUZ: Hi. My name is Kubra Akyuz. I live on,
actually, Maple Lane where the project will be happening. Maple
Lane has historically been [sic] flooding issues. Actually, my house
gets up to six to seven inches of flooding inside the house.
A few years ago -- I don't know if Amy Patterson remembers.
She has been in my house while there was flooding happening.
I have tried everything that, you know, I possibly can. I've tried
to talk to the city engineers and anyone who I could get in contact
with the city, and all I've gotten, answer was, your neighborhood is
old. It takes a long time to get the drainage systems renewed, and
there's nothing we can do at the moment.
So with these 13 homes going in, even though they said they are
going to control their own water, it's still going to change a lot of the
waterways, and they are not going to be improving anything on the
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street either. So what am I supposed to do, swim in my house at that
point? I literally get water inside my house, and they're building 13
more homes, and they're not touching the existing drainage systems.
I am worried the flooding is going to get bad. I'm worried the
traffic is going to be even worse because we currently barely fit one
car as we go on the road, and the other -- if there's two cars, one car
has to step aside, let the other car through. They just -- they have no
answers for us. They keep saying, oh, the Naples Manor has the
same roadways as you guys do, but we're not Naples Manor. We're
on a cul-de-sac, and we do not have the traffic they do. My biggest
concern is the flooding issues.
I have collected 85 signatures from all the neighbors, and I have
emailed some of them to you guys. Nobody's wanting this to
happen. Maybe they could lower the number of housing, maybe that
will help the flooding a little bit more, or maybe they could help with
the improving of the drainage system if they are going to build those
13 homes. That's all I have to say.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: That was our final speaker, Mr. Chair.
CHAIRMAN McDANIEL: All right. With that, we'll close
the public hearing portion of that.
Commissioner LoCastro, do you have a question of staff?
COMMISSIONER LoCASTRO: Yeah. I mean, I'd like to
bring Mr. Bosi back to the podium and have him address the
concerns of the citizens because they're valid and they're similar to
the concerns I've had in the meetings I've had about this project.
MR. BOSI: Mike Bosi, Planning and Zoning director.
Point out, the density being sought is 2.45. That's -- they
suggested somewhere between RSF-2 and RSF-3. The density that
is being requested is 2.45. So it's where they are requesting.
I can't do anything -- with this zoning action, I could do nothing
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to prevent individuals within that existing RSF-4 zoning district from
subdividing their lots to what the RSF-4 would allow for if they had
enough area. This zoning action will have no effect upon what they
can and can't rezone -- or subdivide their property to based upon their
RSF-4 zoning designation. And if you look -- if you look, you see
Treviso Bay PUD, C-4; Micelli PUD, C-4; RSF-4; ag; RMF-6. By
no means is this a ubiquitous area of single-family 4. This is an
eclectic mix of zoning within a localized area.
We feel, from the staff's perspective, that the 2.45 units that
they're requesting is appropriate for the area. We understand the
low-lying issue and the stormwater concerns, and I know Trinity had
said at the Planning Commission, this is one of the areas that they
have identified as a trouble spot, and there have been some recent
improvements, and they feel that this project can provide for a benefit
to the stormwater in the area.
But from being able to restrict what could happen within their
RSF-4 zoning district, I would -- I would suggest to them that if
they're concerned about that lot splits in the future, maybe to seek a
rezone that's more appropriate towards how their lots are configured.
But that -- we can't control -- the staff couldn't control that aspect on
the rezoning of this 5.3-acre parcel, and that's, from a staff
perspective, how we would view those individual issues.
CHAIRMAN McDANIEL: You okay with that?
COMMISSIONER LoCASTRO: I'm going to have probably a
follow-up, but I think Commissioner Hall's got a question.
CHAIRMAN McDANIEL: He does.
COMMISSIONER HALL: So if I'm hearing you correctly,
going to RSF-4 is not setting a precedent for the neighbors because
they already are there? And if I understand it right, the water,
historically, is flowing away from you into the new -- the new area,
and they've agreed to handle the water coming, historically, as well as
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their own; is that correct?
MR. BOWERS: That was a commitment they had made at the
Planning Commission. So yes, correct.
CHAIRMAN McDANIEL: My question is for the existing
stormwater facilities. Do we have plans to assist this woman who's
having flooding now?
MS. PATTERSON: Commissioner, I myself have been out
there several times. As she accurately described, it is a low-lying
area, with a -- with an older stormwater management system. Being
kind, as we are with some of these older neighborhoods, they
just -- they don't have the benefit of a modern stormwater system.
So we continuously monitor the area. I know Jerry's been out
there a number of times. We've been out in the night. We've been
out in the day.
We have plans everywhere that we can, as we talked about
earlier, to improve maintenance and to look at these areas. My
thoughts, when I heard about this, were to -- with the applicant
agreeing to accept the offsite flows and control that stormwater
discharge, let's see how this system performs. It may, in fact,
improve the situation, and we will continue to explore all options to
not only prioritize this for any kind of future maintenance or
upgrades but also see how this system interacts with a managed
system.
CHAIRMAN McDANIEL: Quick, if someone could please
bring up the picture of the development. And did I hear you say that
they're willing to accept the offsite flows that are coming from the
east?
MS. PATTERSON: That's what they committed to at the
Planning Commission.
CHAIRMAN McDANIEL: And so, therefore, then, why is
their water management clear over -- or are you flowing it through
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your property to your water management area that's over on the west
side or --
MR. ARNOLD: For the record, it's Wayne Arnold. If you
don't mind, could we have Mike Delate just give you a brief
once-over about what we're doing. I don't think we said we were
accepting all the stormwater. There may be stormwater that's
flowing onto our site that we're going to take and manage, and I'll let
Mike describe how that works.
MS. PATTERSON: Let me clarify that, is if the water's already
flowing that way -- this happens everywhere from Immokalee all the
way to the coast, is that water flows through development after -- it
trickles down trying to make its ultimate discharge.
The intent of this development is not to impede that flow. I
think most of what people think is when new developments go in, all
of a sudden they're going to be pushing their water off onto folks, and
especially low-lying folks. They're managing their own water as
they're required to, and they're not going to impede the flow of water
that is coming that way already. And, in fact, they are going to have
now the benefit of it going through a managed process. Does that --
CHAIRMAN McDANIEL: Is there -- does this water
management system have attenuation for off site is the question.
MR. DELATE: For the record, I'm Mike Delate, engineer with
Grady Minor, and I would agree with Ms. Patterson here. She spoke
that well.
So the water management system is designed to attenuate -- will
be designed to attenuate a 25-year, three-day storm event, which is
the Water Management District requirement. So that will be
reviewed accordingly by your staff when we submit it. We haven't
designed that yet. And I made a promise I'll meet with the neighbors
out there to review everything before we do design that. There are
other easements on the property for conveyance of stormwater, and
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we'll work with county staff on improving those easements as
needed, and certainly we'll look at any water coming from off site
and manage that appropriately as promised.
CHAIRMAN McDANIEL: Okay. Commissioner LoCastro.
COMMISSIONER LoCASTRO: Well, I think we've answered
one question, which is the rezoning of this property doesn't
automatically make it possible to rezone everything else, I mean, in a
nutshell saying that.
But one of the things I do like, and when we voted on
Brightshore, even though Commissioner Saunders tried to squeeze an
extra 50,000, which I always like that approach because it works a lot
of times, I am always encouraged when a developer, you know,
comes to the table and knows that there's a lot of moving parts with
either water or the road or safety, and as part of getting our vote,
getting our approval, they feel a sense of, you know, partnership in
the community.
And so I guess what I would ask -- and, you know, I don't want
to reinvent the watch here at, you know, voting time, but also, this is
a big major project, so if -- you know, if it needs to be continued or if
we need to sit here for another hour, you know, these votes are
important. It's going to affect this lady and this entire neighborhood
forever. So, you know, we don't just say this is as good as it's going
to get.
You know, I guess my question would be a combination of you,
Ms. Patterson, knowing this area better than anybody maybe -- and,
actually, I haven't stood in her house, but you have, and also a
conversation with the developer, is there something that we could ask
or you could offer that if you're saying, wow, it's a low-lying area
with a lot of old infrastructure and, you know, we'll keep it on the
short list, well, already knowing that, while they're bringing the
bulldozers and they're getting to, you know, make some changes and
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what I would consider improvements to this property, is there
something that they could commit to or that we would ask that would
improve the water flow for that entire footprint, not just the new
area?
So it's great that all of the newly developed area's going to have
brand-new everything but, really, you know, it's that area around it.
Is there anything that we've studied or that we could list that, you
know, we couldn't get more of a confirmation out of the developer
rather than just, hey, you know, we'll continue to work closely with
the neighborhood and see what we can do. Is there something we
could do that's much stronger with a little more meat on the bone?
MS. PATTERSON: So as Jerry comes up, I'm just going to say
that this is -- some of these areas are a real struggle. They just are.
It is just that balance of the old against the new, and it's not the new
causing it. So on that vein, it's finding that balance of how we can
work together without unduly burdening the new development,
because they didn't -- the problem exists today.
COMMISSIONER LoCASTRO: It's not theirs.
MS. PATTERSON: They didn't create the problem. The
problem is there, and it's going to be there with or without them.
Hopefully it gets better with them. So what I'm encouraging -- also,
they are, as was mentioned earlier, is they're very, very close to an
advanced stormwater management system, the LASIP project.
CHAIRMAN McDANIEL: I was going to say.
MS. PATTERSON: So if Jerry has any suggestions of ways
that we can partner, we're absolutely willing to, but as far as asking
the developer to fix this problem is not what I would suggest. I
would suggest, as Mr. Delate has committed, is that we get out with
the neighbors, we explain the -- let them explain the situation, let
them see the situation, and see how we can -- how we can partner.
It's a small area, which is helpful. We're not dealing with blocks and
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blocks and blocks, but we'll let Mr. Kurtz put his two cents in since
we dealt with this for the last, what, seven years together.
MR. KURTZ: Yes, we did. Amy, thank you.
Jerry Kurtz for the record, your road maintenance and
stormwater maintenance director.
There is some things that we can work with as the site gets
engineered. On that west end of Raintree, a couple years ago we
identified an unused drainage easement, and we cleared the drainage
easement, and we constructed an outfall ditch for Maple to try to
relieve some of the high water that was being experienced on -- I'm
sorry -- Raintree.
We put in a nice outfall ditch that goes directly west out the end
of Raintree and then turns 90 degrees and heads north and runs into
our LASIP canal.
I was also the project manager in charge of building the LASIP
canal. The LASIP canal serves this whole entire area and areas far
to the north as a major stormwater outfall. It's working very well.
But I do want to say the control elevation at the downstream end of
this system is elevation 1.7. That's important because we're
operating on the margin here. You know, a high tide could be higher
than 1.7.
So we've optimized everything we can in the neighborhood with
that trunk line system. We continue to watch it and maintain it, and
the weir -- there is a weir down there in the Treviso Bay area where
the -- all this dead ends at two lakes in Treviso Bay. It's off the map.
But there's a long weir there. Like all our LASIP outfalls, we have
big, long spreader weirs on lakes on all three of our LASIP outfalls.
So we're constantly monitoring that system as well to make sure that
1.7, when that is reached, the water can flow over very lightly into
the tidal receiving waters. I'm very confident in that system. It
works very well.
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So that, watching that, and also the connection to the project
potentially at Raintree, we could optimize those flows even more.
I'll be glad to do that with the applicant's engineer. And as well, the
Maple Lane situation, I was there multiple times with Amy. That is
a tough situation. The structure we're talking about is an auxiliary
structure that did get water inside it behind the main home. Yeah, I
guess there was people living in there. But what I'm trying to say is
it's a very low-lying structure behind the main house. It did flood.
The flooding was bad. But we can't really service a private structure
like that.
The water of the elevation that builds in that backyard is literally
below our control elevation, so we can't drain a depressed area like
that, unfortunately, even when it's in somebody's backyard and
behind the main home. That said, there are more opportunities on
Maple Lane, Cypress Lane, and even on Raintree for the culvert
replacement, the driveway culvert replacements that we do when we
find a substandard culvert for drainage. Maybe it's not collapsing,
but maybe it's deemed too small or holding up the regional
neighborhood flows on the street. We do go in and replace those
culverts, and sometimes that can make a huge difference for a minor
little flooding issue on a street. So there's another tool we have in
our toolbox. So there's three items there that I'm very confident we
can work and keep working.
And as far as what I've analyzed this project to be, it's coming in
for drainage for the area. It's coming in neutral. It won't -- it won't
screw up the works at all, and there might be an opportunity to
enhance the neighborhood drainage for the area. So I'm very
confident to make those statements to you today.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: So, first of all, no one knows
stormwater drainage better in the county than the man standing at the
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podium right here or at least the man who's educated me in the short
time I've been in the seat.
So what I liked hearing from you are the things that we did,
Jerry. But the digging of the ditch and what you explained happened
after that that we've done on our own as the county, you're sort of
alluding to that it could be done -- I understand the culverts. And
one of the things I will say is that the culverts may not help the water
flow. They would, I mean, if we replaced every culvert there, but
those aren't cheap, as you know. So we'll get to that. But the ditch
that we dug and the things that we did that were sort of small to
medium in costs and effort and whatnot, are there things that are
small to medium that we could do more now that you think would
make an immediate positive -- additional positive impact?
One of the things I don't like in this conversation that I'm
hearing is let's build this, and we think it might make the drainage a
little bit better for the citizens who currently live there, and then if it
doesn't, we'll be back here and see what we can do.
I think if it makes the drainage better, great, but I also think
besides the building of this -- and this is in my district so, I mean, I'm
sorry if I'm eating up time, but this is an important footprint, and I
think we all agree on that. I'm not saying nobody does. But is there
something you think we could do that's small to medium coinciding
with this new development? I mean, I want to support this
development, and vote for it, but also I don't want to then just walk
away and forget about it and then hope after we cut a ribbon on the
community that the drainage did get better.
So is there something currently that you think we could do that
would be a -- that would make a positive effect of a measurable
nature?
MR. KURTZ: Well, I do think -- and I hate as well, like you,
the statements, but -- that we have to try things and see how they
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work. But like it or not, unfortunately, that is a small part of our
business. We can't model and engineer everything on this 25-year,
three-day event.
I've overseen many, many little drainage efforts where we just
go out and try something and see how it works. And often they do
work, and they work well. That's just the nature of the beast. Do I
like it, no. Like you, I don't like it, but we have solved a lot of
problems that way. So in that northeast corner, that's where
the -- that's where the Raintree water comes to join the project.
So right there, like Mike said and the petitioner said, the
engineering isn't done yet. So that's when we can start giving a hard
look at where the Raintree Lane water, moving westward, is it more
efficient to take it into and through, or is it more efficient to take it
around in a perimeter system?
We -- you know, I think we can optimize the situation very
nicely. Sometimes when development comes to town, there are
better opportunities than if nothing happens there. So I think we can
definitely give that a hard look and maybe make it a little better.
I can say that that system that we built -- this was the first rainy
season that we test drove -- it worked pretty well. So, you know,
sometimes, I say I need, like, at least three years to test drive some of
these drainage improvement projects to see if we got it right or we
can do more. And, again, that's just -- that's just the way sometimes
some of these things work.
When you're pairing up new modern development against a
40- or 50-year-old development, that is the trickiest thing in the
whole world for drainage, to make those two uses compatible.
But I can say in this area, very confident and, as well, I did
remember on some of the streets to the south, we are finding
overgrown drainage outlets as well, just like the one on Raintree, that
need a maintenance effort and a clearing and are a recapture of those.
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I'm not saying those will help Raintree and Maple, but those are in
planning and will get done by the road maintenance department this
dry season as well.
So, you know, coupled with everything, I feel that we've got
quite a bit of positive things we can do to make this all --
COMMISSIONER LoCASTRO: Just, lastly, I'll say, when you
say, like, "it worked well," you know, you've got a young lady sitting
here shaking her head saying she owns the house. And unless she
was standing in two inches of water instead of seven inches of water,
then she would disagree and say it doesn't work well. And I know
that our response might be, it doesn't affect each individual house.
Lastly, I would just say the ditch that we dug and the way that
we've redirected the water, could something be done? You know, I
mean, this is -- I'm not -- I don't have the expertise that you do, but
could the ditch be deeper, bigger, wider, longer? Is there anything
that, in what we've already done, could be improved, that would
make an improvement? Because as you're sitting here saying, well,
we saw some big improvements, you've got someone that lives on
that street who's saying it was invisible to her. And that doesn't
necessarily mean that it doesn't improve other areas. I get that. But
what's your response to that? And then I'm --
MR. KURTZ: Yes, yes, exactly. We can -- yes. Sometimes
we go back in, we make things wider, we make things deeper. Yes,
that's 100 percent what we do.
COMMISSIONER LoCASTRO: I'll just go on record here
saying that if I do support this project, it won't stop there, because
we've said a lot of things in here that are -- we're all saying it's on the
short list, there's a whole bunch of things that can be done. This is
my district. So approving the construction of this project doesn't
mean I'm okay with all the other things. And so I will tell you, this
isn't a billion dollar investment. This is a small area, and a lot of the
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things that you just mentioned I believe are in our budget if we
needed to do something. So to the citizens that are here, if this does
get four votes and we do move forward, we're not done, okay?
MR. KURTZ: Yes, sir.
COMMISSIONER LoCASTRO: Okay. Thank you, sir.
CHAIRMAN McDANIEL: My quick question is there's a
canal that runs down along the west side of Treviso Bay there, and
then there's attenuation lakes to the south of that. Is there any way to
help the folks on the short-term with moving that water off of Myrtle
and Raintree and Cypress to that canal system, still maintain the
attenuation water-quality requisites?
MR. KURTZ: Yes, Commissioner, there is. That is one of the
LASIP outfall canals. It's the third one. It's the easternmost one. I
think something that could be done or watched a little bit closer is the
condition at the final outfall. It's a very long weir. I want to say it's
900 feet, maybe a thousand feet long.
One of the things I'm going to direct our staff to do is go take a
look at the condition of that weir. If there's any overgrowth on that
weir, like I said, that needs to be addressed as well. That weir is
supposed to be maintained by Treviso Bay. If Treviso Bay's not
maintaining it at the proper level of service, we will take care of that
and get it done and keep it maintained the way it needs to. And as
far as the canal itself, it's a very significant canal. It's sized very
well. It will move the water. My only concern is that condition at
the downstream end.
CHAIRMAN McDANIEL: Well -- and that -- I was looking,
because you said off the map there are attenuation lakes further down
at Treviso Bay.
MR. KURTZ: Yes.
CHAIRMAN McDANIEL: And I pulled up the aerial here and
was looking and saw those ponds down there towards the clubhouse,
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and that was just one of the --
COMMISSIONER LoCASTRO: Yeah.
CHAIRMAN McDANIEL: -- quick thoughts that I had. If we
have -- if we have outfall structures off of these side streets that are
clogged and aren't opened up, then, my goodness, let's help these
people.
MR. KURTZ: Yes, sir.
CHAIRMAN McDANIEL: Dear County Manager, you've
been over there squirming.
MS. PATTERSON: Commissioners, just -- I think we've stated
that we've had every type of resource working on this for the last
several years. So it isn't that we've been reluctant to put resources to
it or to try to find solutions, as Jerry's described.
Secondly, in deploying those resources, we also leaned on our
Growth Management folks in Community Development and the
floodplain folks, and Jamie is up here just to advise that they are -- at
this property that we're discussing, they are in for a permit to elevate
that structure. So there are a number of wheels in motion here. It is
a difficult situation with this specific property. We continue to
deploy resources and assistance in the best ways that we can.
CHAIRMAN McDANIEL: Well, I just remember, you know,
we -- I think you were on the Board. The community was very far
behind in Poinciana Village, an old, old -- I know Commissioner
Saunders was here when we -- when we ramped up the efforts
to -- we were being told -- those people in Poinciana Village were
being told that there wasn't any money to take care of that -- to take
care of that stormwater system, and it was with our efforts that we
finally helped prioritize the expenditure that was requisite there to
take care of those people. And when we have these old -- older
communities, it's imperative and incumbent upon us that we don't
backsplash and have the -- have the bathtub model, as we like to call
December 13, 2022
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it, because water goes downhill.
MS. PATTERSON: Agreed. And this is less of a resource
problem that we've been having here and just simply more of a nature
problem. Particularly this past rainy season, remember that these
areas are very close to tide, as Jerry described, making the
stormwater incredibly difficult or sensitive to manage. But I will
have to say, and the last thing I'll say, is that I have to give props to
Jerry referencing Poinciana Village. When I went to Stormwater,
there was Jerry and one other person and me.
CHAIRMAN McDANIEL: Did Jerry have a shovel?
MS. PATTERSON: We had -- we used to -- we had that, three
men and a boat. From where we were then to where we are now is a
remarkable change, and I have to say thank you to Jerry.
CHAIRMAN McDANIEL: Thank you. Mr. French?
MR. FRENCH: Yes, sir. Good afternoon, and
congratulations, Commissioner Hall and Commissioner Kowal. It's
our pleasure to be able to serve with you.
Just as a point of reference, Commissioners, you've got roughly
about 160, maybe about 170 different basins that make up your
county, predominantly most of that area is un-developable, as Mike
has -- we've spoke about that in the past. It's all in some sort of
perpetuity of conservation or protected lands; however, there are
some Water Management District requirements as well as FEMA
requirements when you decide to develop within a basin. You may
not affect that basin by more than one inch under the National Flood
Insurance Program, and this development would be required to go
through the Water Management District's Environmental Resource
Permit because of its size. So that water will be looked at.
With regards to the -- I believe it's 5259 Raintree -- and we are
so emphatic for the flooding that Kubra has taken in her home over
the years; however, that home was built at a time that your lowest
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adjacent grade in that area is four feet. I'm looking at her elevation
certificate from 2011 right now.
The new standard for that area, based off your flood maps as
well as the Florida Building Code -- and she's in for permitting right
now to elevate her home. I think new floor -- they're in reject status,
unfortunately, because they've got to demonstrate that their
elevation's at least seven feet. New construction would be required
to be at eight foot of base flood elevation.
So you've got a 4-foot differential from when you step out of her
home down to the ground. That's how low this area is based off of
the age and the construction standards. This is an area that's
considered pre FIRM. FIRM standing for your flood elevation maps
for short-term. That's before FEMA actually developed this area.
So these requirements, all of these calculations go into effect,
and this new community, we thought it was pretty -- we encourage
more developers to come forward and recognize those historic flows,
and they put that on the record. But, quite honestly, they have to
because they can't affect the basin.
So we'll move. We'll continue to move, just like she's got her
permit in with her contractor. We're waiting for a new elevation
certificate to come in, and it looks like maybe it has. But she is in
right now for permitting to elevate at least the primary structure, if
I'm correct.
And I didn't have the luxury of time to understand maybe that
she'd be here today, but she may actually be on our repetitive loss list
which, as a county, we want to get her off of that. We want to do
everything possible so that she doesn't have any further insurance
claims and so we mitigate that.
And as a reminder, you have the second largest, better than
60,000 flood insurance policies in place. So, basically, what that
means is that if you've got a federally backed mortgage and you live
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in an area that's low and your flood -- your flood zone, your base
floor elevation is not at that BFE set by FEMA, you are forced to
either engage with an insurance provider, or they'll put an insurance
policy on your property. And you've got better than 60,000. And,
luckily, we've got about 10,000-plus voluntary that may live outside
of a flood zone that have chosen to take flood insurance.
So next to Miami-Dade, you've got the second most flood
insurance policies in the country.
CHAIRMAN McDANIEL: Thank you.
Do you have a question for him?
COMMISSIONER LoCASTRO: Really just a statement to
maybe wrap all this up.
One of the things that Ms. Patterson said was the developer
didn't create this low-lying area, and the drainage, and I'm not sitting
here wanting to penalize them. I do believe that the improvements
that they're going to make not only on that property but to drainage
will have a positive effect. Will it make this lady's water go from six
inches to zero, no.
But regardless of how this vote goes, what I wanted to say to
Jerry and to Jamie who have both joined me on town hall meetings
and whatnot -- and we've had a lot of success because of their
expertise -- I'm going to have my office reach out to you. I'd like to
go to this area, regardless of how this vote goes, and I would like to
see with my own eyes the improvements that the county has invested
in that you outlined, Jerry, and also be able to stand there, boots on
the ground, like Commissioner Kowal said, and see what we could
do, either simultaneously, while this project goes forward or, if it
doesn't pass a vote today, that's immaterial. This is apples and
chairs. We've got a drainage issue there, and I like a lot of the things
that you said.
I know it's something that we can afford. It's within our budget.
December 13, 2022
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And if there are things that we can do there that are going to help the
drainage, regardless if this project happens or not, let's -- the three of
us and any other experts that you think, we'll go out there because
we're going to be talking about the drainage of this neighborhood
regardless if this passes or not, and I'd like to know the things that we
can do sooner than later to continue to make improvements to the
drainage of that area.
Even Commissioner McDaniel came up with some great ideas
just looking at the map. So let's all do that together, and then I will
be squeezing the County Manager and others hard for the dollars.
CHAIRMAN McDANIEL: Well, there you are.
All right. We have no other comments. Do you have anything
else to say?
MR. YOVANOVICH: I just kind of want to circle back to, we
do meet each of the criteria that are in the Land Development Code
and your Growth Management Plan. Staff agrees, Planning
Commission agrees, we're committed and we're legally obligated to
not make the drainage system worse, so we are clearly not a problem
for the community, not that the community doesn't have problems,
but those seem to be beyond our project, and we request that the
Board of County Commissioners follow the Planning Commission's
recommendation and staff's recommendation and ultimately approve
this project.
CHAIRMAN McDANIEL: Well -- and I have to say, you
know, Ryan and Bill brought up some good points. This project
doesn't set the precedent for whatever else happens in the area.
There is an overlay or an East Naples study that's in place, and I
would highly recommend, if you haven't already, join in with
that -- join in with that group. You made a comment that resonated
with me, and that's having an overlay put over your neighborhood so
that you had some additional protection so that somebody else didn't
December 13, 2022
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come and join a couple of lots and bulldoze the houses and do
something that was completely outside of what typically occurs in
your area.
So I like that idea. And so if -- and that mechanism is the East
Naples overlay that your homes are, in fact, located in.
So with that, I'll call for a motion.
COMMISSIONER LoCASTRO: Make a motion to approve.
COMMISSIONER KOWAL: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the project as presented. Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. YOVANOVICH: Thank you, Commissioners.
CHAIRMAN McDANIEL: Now we're going to do a court
reporter break. It is 2 -- we're going to say it's 2:45 even though it's
2:44. We're going to come back at 2:55.
(A brief recess was had from 2:44 p.m. to 2:55 p.m.)
MS. PATTERSON: Commissioners, you have a live mic.
CHAIRMAN McDANIEL: All right. If everybody would
take their seat.
All right. We're ready to go.
MS. PATTERSON: Ready to go.
December 13, 2022
Page 155
Item #10A
RECOMMENDATION TO DIRECT THE COUNTY ATTORNEY
TO ADVERTISE, AND BRING BACK FOR A PUBLIC
HEARING, AN ORDINANCE REPEALING ORDINANCE NO.
2022-43, WHICH REQUIRES RESIDENTIAL LANDLORDS TO
PROVIDE SIXTY (60) DAYS WRITTEN NOTICE OF A RENTAL
INCREASE OVER 5% TO TENANTS WITH LEASES OF ONE
YEAR OR LONGER (SPONSORED BY COMMISSIONER HALL)
– MOTION TO APPROVE AND BRING BACK TO THE
JANUARY 10, 2022, BCC MEETING FOR MORE DISCUSSION
BY COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL – APPROVED
MS. PATTERSON: Commissioners, that brings us to
Item 10A. This is a recommendation to direct the County Attorney
to advertise and bring back for a public hearing an ordinance
repealing Ordinance No. 2022-43 which requires residential landlords
to provide 60 days written notice of a rental increase over 5 percent
to tenants with leases of one year or longer, and this item was placed
on the agenda by Commissioner Hall.
CHAIRMAN McDANIEL: The floor is yours, sir.
COMMISSIONER HALL: Thank you. So it would be really
easy to -- well, let me back up.
I'm excited about being here because I campaigned on creating
solutions for affordable housing. I called it workforce housing. It's
a big thing with me. I'm passionate about it. And I also
campaigned on smaller government and less government overreach
and protecting everyone's liberty and their rights.
So when I saw that this passed, I thought, you know, this
is -- this is an attempt at affordable solutions, but it does nothing to
December 13, 2022
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create any solution for housing affordability. It's an attempt to ease
tenant relationships by government mandate.
And so I'm bringing this to the County Attorney to take a look at
this and bring back public hearing so that we can have a discussion.
You know, this is a -- it's a burden on landlords by the government.
This is not a place for government to act and to demand landlords to
give 60-day notice if they want to increase rents by 5 percent.
State statute already protects tenants if landlords want to end the
relationship or end the lease by 60 days' notice if you have a year's
lease. So there's already protections by Florida state statute there.
This is a landlord-tenant relationship thing. If I'm a tenant and I
want to know if my lease is going to go up, I'm going to have a
conversation with my landlord. I don't feel like it's government's
responsibility to mandate that by ordinance.
So that's why I'm bringing this back up. I'm excited about
being on the Affordable Housing Committee. I think that with my
experience and my creativity, I think we can actually move forward
instead of just talking about this and kicking things around it to really
coming up with some good solutions to take action on for the
workforce here in Collier County.
So with that, I have petitioned the County Attorney to bring this
back to public hearing.
CHAIRMAN McDANIEL: Very good. Anybody else have
any comments before I go to public comment?
(No response.)
CHAIRMAN McDANIEL: Public comment.
MR. MILLER: Yes, sir. We have three commenters today.
Your first comment was from Joe Trachtenberg, and he's been ceded
three additional minutes from John Harney. I see John is here. And
Joe will be followed by Jackie Keay.
MR. TRACHTENBERG: Good afternoon, Mr. Chairman.
December 13, 2022
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Good afternoon, Commissioners. Thank you for the opportunity to
speak with you.
For the record, I'm Joe Trachtenberg. I'm chairman of the
Affordable Housing Advisory Committee.
We've spent a lot of time on this ordinance. Four times
previously it's been -- it's been discussed. I can't imagine the number
of hours that have been logged by our -- by our commissioners.
And I totally agree with Commissioner Hall; this ordinance has
nothing to do with affordable housing. This -- this had only to do
with human decency.
We have people, not a large number, but we have people whose
landlords are not willing to have that conversation. We have people
whose leases do not contain any renewal clause who are continually
finding out within a mere number of days from the expiration of their
leases that their rents are going up beyond the level that's affordable
to them.
And I could say that maybe this doesn't even -- this shouldn't
even be in the Affordable Housing Advisory Committee agenda
because, as you say, it doesn't create one additional piece of housing.
But we've heard from the individuals. We've had them come before
us in this room. We've listened to them. They've exasperated.
They've had to find new places, new schools for their children, in
many cases new jobs.
And part of -- in my view, part of your job is to protect those
people, and that's why AHAC proposed this after it was approved
elsewhere in the state, and we continue to believe that it's the right
thing -- it's the right thing for us to do.
And right now there's even more reason, I think, to keep it.
You know, if we turn the clock back to April, May, one of the
primary focuses of this commission was in the fact that we had
$11 million of rent relief money that was available. Let's hire more
December 13, 2022
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staff. Let's run TV ads. Let's assist people to fill out applications so
that they could get rent assistance. And a terrific job was done in
getting hundreds and hundreds of people to do so.
I think it was done on the basis that there was a belief that that
money was irrevocable, that that money wasn't being taken away.
And last month Collier County found out that wasn't the case. It was
spent elsewhere. And the vast majority of the people that got 18
months of free rent or no rent or rent relief received a notice saying
that December was going to be their last rent payment. Merry
Christmas.
And those are the people that today, I think, the 60-day
ordinance helps to protect. And I think we have to keep them
in -- keep them in mind.
So are we going to make a -- do a great deal of good if we -- if
we turn the tables on this? Are we going to really make landlords
suffer if they have no obligation right now to at least tell people 60
days in advance that they're raising the rent? I urge you to leave this
where it is. It just doesn't belong -- it doesn't need to be -- it doesn't
need to be changed.
Hurricane Ian put an awful lot of pressure on what was already a
crisis in Collier County. The lack of affordable housing has just
gotten worse. People whose homes were destroyed are now
occupying apartments that could be occupied by others, assuming
they could even afford them. We continue to be the most desirable
place in the country to live. A recent statistic that more people work
remotely from Collier County than anywhere else in the country was
astonishing. And all this points to the fact that we have an urgent
job to do.
Affordable Housing Advisory Committee -- and Commissioner
Hall, I'm so looking forward to working with you and hearing your
thoughts. We've got -- we've got to do some work here, and I'm
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asking the Chairman and commissioners to please let us have the
workshop. We've got ideas. We've got some new members of the
committee that know their stuff, and we really want to advise you.
Let's have that workshop that we talked about. Let's put our heads
together. Other parts of Florida are building dedicated subdivisions
with affordable housing, and we could do it here in Collier County,
too. I'm truly optimistic that there are solutions ahead of us and that
we will work together.
Thank you.
MR. MILLER: Your next and final speaker on this item is
Jackie Keay.
MS. KEAY: Good afternoon. Jackie Keay.
So to Commissioner Hall, one of the things you talked about is
common sense and doing the right thing for the right thing [sic]. It
makes no common sense. Actually, it is foolish to go ahead and
repeal this ordinance. No one has been hurt by it.
And you talk about protected liberty and rights. Tenants have a
right to be able to live in their home. They have a right to have that
statute which is not in any way enforced to be in force [sic].
So the first thing you do when you come on this board is you
repeal something that will help our tenants remain in their homes so
that they can work in Collier County and keep businesses afloat.
Businesses are closing. And you're saying you're pro-affordable
housing. I don't believe you. What you're saying and what you're
doing are two different things, so that smells like a lie to me.
So what I would like to say, I have been here for almost three
years advocating, and I am sick and tired of seeing commissioners be
very partial and prejudice [sic] in how they are voting and the
decisions that they are making. If you are working class, if you are
minority, if you are anyone that's not rich and on their list of
supporters or special interest groups, you are ignored. Your request,
December 13, 2022
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what you feel, what you think doesn't matter, and I'm tired of it, for
one.
I am done feeling like you all are up there to serve your own self
interests. I am done believing in you that you all are here to serve
everyone. You're not here to serve me. You are not here to serve
me, except for Commissioner Saunders.
And for the new commissioners, I would like to have hope that
you would be different if I were to stay here another three years, but
I'm not going to do that. So I'm going to go above your heads and
figure out how I can work with other people who are willing to do the
work.
So, no, I feel like this is your way of also being in the
good-ole-boys club and taking away the one action in the last three
years that was to benefit the working class in the community. This
was the one action that fully supported working class. And the one
thing that can help our community is the first thing you're trying to
take away. No.
MR. MILLER: That was our final speaker, sir.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I voted against that ordinance
every single time. And here's my disappointment with the whole
process -- and I'll address even what Ms., you know, Keay said.
So we had a lot of passionate people, to include you, who came
to the podium for months, to include Mr. Trachtenberg, and the
young lady who represents the renters, you know, coalition --
CHAIRMAN McDANIEL: Tenant Union.
COMMISSIONER LoCASTRO: I'm sorry?
CHAIRMAN McDANIEL: Tenant Union.
COMMISSIONER LoCASTRO: Tenant union. I'm
sorry -- who were all passionate and telling us that, you know, we
were foolish to not pass this, yet, if you recall a few meetings ago, I
December 13, 2022
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actually brought our own county staff to the podium and said, so this
thing -- this ordinance finally got passed, and everybody's excited
about it. What have we done in the last 60 days to advertise it,
to -- you know, if it was such, you know, magic pixie dust for
everyone or a feel-good, and it, you know, to use Mr. Trachtenberg's
term, just answered or at least addressed human decency.
So explain to me what we did in all these months, you know,
after it was passed, and the answer was nothing. And so bad on the
county staff. And I wound up talking to the County Manager
afterwards, and I think, you know, there was some disappointment all
around.
But, boy, if I was a citizen who was sitting up here saying we're
a bunch of worthless commissioners and this was such an important
thing and it was the smartest and most worthwhile legislation that's
ever been passed and it addressed human decency, the minute after
we passed it, I would have been banging on county doors to include
your commissioner, all the commissioners, and saying, you know, are
we going to put advertisements on TV? Did we make 100,000 flyers
today, the day after it was passed and give it to every landlord? And
what I heard is for two months nothing happened and -- by the county
and by all the people who were so supportive of it and who disagreed
with me.
So, you know, I sit here and, you know, I go, if it's such a great
humanitarian ordinance, let me even ask, what -- since it was
passed -- we obviously advertised it late. Everybody who spoke at
the podium in support of it didn't follow up with anybody to see what
we were doing to get it enacted --
MS. KEAY: We did.
COMMISSIONER LoCASTRO: -- and so -- and then I would
say, you know, No. 3, give me, you know, three examples of people
whose landlords all of a sudden magically followed this ordinance
December 13, 2022
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and didn't kick them out and gave them 60-day notice. I haven't
heard one example. And the landlords I talked to don't even know
yet that we've passed this ordinance.
So bad on a whole bunch of people. But I think before you start
pointing fingers or claiming victory, I don't think this ordinance has
done anything since it was, quote, passed, and I haven't heard from
one person who believes in it that they, you know, joined forces with
the county to get an ordinance that they lobbied for advertised,
executed, and working out in the community. So, you know,
that's -- that's my feeling on it.
MS. KEAY: Am I able to come back and respond since I had a
minute left?
CHAIRMAN McDANIEL: No, no. The public comment's
complete. And this is not the -- this is a discussion amongst the
Board now.
MS. KEAY: Okay.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I supported this. And I'm the only one left on the Board that did, so I
don't think there's any question as to what's going to happen. But I
wanted to explain a couple things.
Number one, I never thought that this would have any impact on
the solution to workforce housing. That's never been even a
possibility with this type of an ordinance.
I felt that it did send a -- kind of a message to landlords that we
wanted them to be a little bit more fair in terms of notice. That's all
that it did. And I made a commitment to the -- I think it was the
landlords association or some organization that represents the larger
landlords. I don't recall the name of the individual. He had written
to us a couple times. And I said, I will not support anything beyond
notice. I won't support any other types of burdens on the landlords
December 13, 2022
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other than this particular 60-day notice.
And I stuck with that commitment. As a matter of fact, at one
point Commissioner Solis had made a motion to do this type of an
ordinance with a secondary notice requirement dealing with our
rental assistance program, and I voted against that because I had
made the commitment that the only thing I was supportive of was
providing 60 days' notice or more to tenants that were going to have
their rent raised by over 5 percent.
This ordinance will go away, and it's not going to have any
impact on the housing market or the amount of units that are
available. But I think, again, it was just an effort to say we care, and
we wanted to provide at least that notice. So that was my rationale
behind it. Not to try to solve a problem, because it clearly doesn't
solve a problem.
So I'll vote against this today. This will pass on a 4-1 vote, and
the ordinance will be repealed, and we'll move on, and hopefully we
will come up with some solutions. I hope Commissioner Hall is
successful in coming up with some solutions that we can implement
that will solve the problem.
CHAIRMAN McDANIEL: And you did stay fast. You did
stay fast on what you had committed to and so on. I was watching
all that from the sidelines.
So, Commissioner Kowal.
COMMISSIONER KOWAL: Thank you.
You know, I watched this from an outside. I was not part of
this back then, of course; I was campaigning. And I kind of agree
with Commissioner Hall; we're creating a precedence here. You
know, as a body of government, we have to operate under
constitutional rights of both sides, not just one side. And I think this
whole thing was on a slippery slope to begin with.
We're going in, and we're basically, as a governing body at this
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level, and we're telling people that already have a contractual
agreement amongst two independent parties that we're now going to
dictate over -- one party over the other, and I don't think that's our
place. I don't think constitutionally we even have the authority to do
that.
You know, that's why I didn't -- I looked at it, and I was
surprised it did pass after, like, the third or fourth time it was talked
about. You know, and I just did numbers in my head just real quick.
I mean, let's say you have a rent that's $1,500 and your landlord's
going to raise the rent for 5 percent, that's $75 a month. And if you
take what happened over this past few months with the storm and the
hurricane and you imagine what these owners of these properties are
going to be facing here in the future with insurance increased costs
and maintenance issues, you know, they're going to find out there's
going to be issues with A/C units and other things wrong with these
buildings later on after the storm. And we don't know what still
hidden there that are troubles or things that may come up.
I don't know if it's realistic that, you know, they should be
punished because they have to raise your rent by $75, you know.
And then -- and like he said, there's state statute that already covers
this. And we have to abide by state statute when we make policy,
you know. So we have had to make sure we follow that. And like I
said, it's two sides to every story, and there's two sides to a
constitutionality of everything we do.
And I think we may be overstepping our boundaries when we're
dictating a fair contractual agreement between two parties, you know.
And I don't know -- I know it was implemented, but I never heard
what happens if they don't abide by the 60-day rule. What was the
ramifications for them not abiding by it? I mean, do you go in front
of the judge? Is there some documentation that they have to bring,
and it's a "he said, she said" kind of situation, the judge ends up
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making the decision anyways, and he becomes the legislator. You
know, he's not supposed to legislate. He's supposed to be in
judgment.
So I don't know. Maybe somebody else can enlighten me
if -- what is the punishment for these landlords if they don't abide by
the 60-day rule, or how do we even enforce that?
MR. KLATZKOW: It's a code violation. The penalty is up to
$500.
COMMISSIONER KOWAL: Okay.
CHAIRMAN McDANIEL: Right. Thank you.
Commissioner Hall.
COMMISSIONER HALL: I just wanted to summarize and
make it known, it doesn't say that we don't care. No, we care. We
care for everyone. The point is the government overreach of it. So
from a governing body -- and Commissioner Kowal said it
perfect -- we have to protect and secure the liberties of everyone. It
doesn't mean that we don't understand that there's a problem. This is
a huge problem here. You know, if we passed an ordinance in a
declining market -- think about 2008 in the declining market, rents
were going down, the vacancies were high.
If we said, you as a tenant, you have to give your landlord notice
that you're not going to rent from him anymore, that you're going to
go somewhere cheaper, how would you feel then? It would be a
violation to you. So that's what we're saying. It's not that we don't
care. It's not that we don't acknowledge that there's a major problem.
We're just saying that as a governing body it's not our place to dictate
to individuals in those places. And I hope that's clear.
CHAIRMAN McDANIEL: Very clear.
Commissioner Hall or, excuse me, Commissioner LoCastro.
COMMISSIONER LoCASTRO: I just want to summarize
what I think Commissioner Hall's asking. He's not asking for a vote
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to repeal it today, and I don't know that I'd vote to repeal it. I mean,
we beat this thing up pretty hard. And one of the things I said after it
did pass is, okay, now it's one decision, one voice. Let's see all the
magical things this ordinance is going to do that everybody was
banging on tables saying, you know, we had to approve it because it
was going to do -- I have yet to hear or see anything. But I think
what he's asking is the ordinance would -- and this is where I'll go to
the County Attorney, but I think I know what he's going to say is, the
ordinance would stay in effect, but what Commissioner Hall is saying
is, I'd like to bring back some of these people to the podium so we
can, you know, question it some more. And I don't know that I need
to question it some more, but I think if bringing it back did
pass -- and that's all I think you're requesting to do, not to repeal it
today, but if bringing back the discussion did pass, I know the
questions I'm going to sit here and ask of everyone at the podium is,
we passed it, give me some measurement. What did it do? Who
did it help? Was it just a feel-good thing? And that's not
necessarily horrible, but I also said when I voted against it, I vote for
stuff that's going to take action and make something better, not just a
feel-good thing. And a lot of people who were for this didn't think it
was -- they thought it was way more than a feel-good thing. It was
going to be a solution to an awful lot of things. Maybe not an
affordable housing problem, but a lot of people talked about how if
we didn't pass this ordinance the way the City of Naples did and
some other counties, you know, we'd be being, quote, irresponsible.
So I think if the motion is to bring it back just for more discussion,
I've said before, I sit in this seat to talk to anybody, to hear all
viewpoints to, you know, right a wrong, you know, change my vote if
I didn't get all the information. And if that's all that's being asked, I
wouldn't -- I wouldn't fight or stop in any way. More discussion on
an ordinance that's already been passed. But while that happened it
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would stay a passed ordinance, correct, Counselor?
MR. KLATZKOW: That's correct.
COMMISSIONER LoCASTRO: And, you know, it would be
an agenda item that we would continue to talk about maybe with
some different areas of expertise from our new commissioners, or it
might re-kindle some fire in some of the people that came to the
podium and made comments supporting the ordinance but maybe
would bring a more weighted discussion with maybe more details and
also a little bit more history over these last few months of what this
passed ordinance did or didn't do, and it might help us either feel
better about it staying passed, or we might have a different feeling,
so...
CHAIRMAN McDANIEL: Well, what -- I, myself, I'm in
support of the motion to bring this back and have a discussion. I
didn't vote for the ordinance the first time, the second time, the third
time. I think that there is already statute involved that takes care of
and protects the interest of both landlords and tenants. And I believe
this is in conflict with that or at least sets up the process for conflict.
It's not necessary. Nonetheless, I'm in support of bringing it back
and having a discussion about its repeal.
Joe, when you were at the podium, you talked about the
workshop. And I'm going to say this to you, as you are the chair of
the Affordable Housing Committee, and Commissioner Hall who's
the newly bequeathed liaison for our board, bring us a deal. I don't
want to get together and have a workshop and talk about the housing
affordability issue and the struggles that our community's having. I
want deals.
MR. TRACHTENBERG: I'll bring a deal.
CHAIRMAN McDANIEL: We have money.
MR. TRACHTENBERG: Can I respond?
CHAIRMAN McDANIEL: No. We're done with the public
December 13, 2022
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comment, and --
MR. TRACHTENBERG: I'm not really public. I'm part of
you.
CHAIRMAN McDANIEL: Yes. So having said that -- you
and I have had this discussion, and we're not -- I brought up a subject
matter that you brought up on an item that we're going to vote on
here now, and so what I wanted you to hear from me, what I want the
community to hear from me, what I wanted Commissioner Hall to
hear from me is we have -- Commissioner Saunders appropriated
money for housing affordability in the sales tax initiative. I want to
help. We want that money to be utilized to help our community, to
help the people that are having a difficult time with that. So bring us
deals. Bring us a deal. And the workshop will transpire.
MR. TRACHTENBERG: We have deals.
CHAIRMAN McDANIEL: Not today. Today we're going to
have a discussion about this particular item that's on our agenda, sir,
okay?
With that -- two more have lit up while I was talking.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Just real quickly. I do want
to take some exception to a comment made by one of the speakers.
No one here is lying to anybody. We have disagreements on policy,
so --
CHAIRMAN McDANIEL: You and I don't agree a lot.
COMMISSIONER SAUNDERS: The use of the term that
somebody lied, I think, is just inappropriate.
COMMISSIONER HALL: I agree.
COMMISSIONER SAUNDERS: And I would urge the
Chairman, when items like that come up and there's personal attacks
like that, that the speakers need to know that that's just not
appropriate. So I just wanted to pass that on to Commissioner Hall
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that I'm certain that no one on this board and no one in the audience
really believes that there was any intentional misrepresentation or
anything. You are committed to workforce housing and solving the
problems.
COMMISSIONER HALL: Yes, sir.
COMMISSIONER SAUNDERS: And you just disagree with
this ordinance. It's at simple as that.
CHAIRMAN McDANIEL: Yeah. And I apologize if -- you
know, it's an interesting challenge for the Chair. When folks come
to the podium, they have the right to tell us the sky is blue, and we
have to believe it. And when inflammatory statements are made
such as that -- what?
MR. MILLER: I am so sorry, sir. We had a
miscommunication between myself and IT. Elizabeth Radi, who
spoke earlier under public comment, it turns out was registered for
this item, and I did not have that on my list. I kind of thought it was
suspicious that she wouldn't comment on this item since she lobbied
for it for so long. She is online on Zoom, and I've been chatting with
her. I know we've closed public comment. Can we hear from her,
sir?
CHAIRMAN McDANIEL: As soon as we're done. As soon
as we're done.
MR. MILLER: Thank you, sir. My apologies.
CHAIRMAN McDANIEL: We'll go to that, and then I'm going
to call for the vote.
But -- and going back to your discussion, it's -- part of our job is
to accept statements that are made by the public whether they're
correct or not, and those people make those statements. I consider
them to be inflammatory, but it's an emotional response.
And I have chosen to allow those things to transpire. I have
stopped -- I have stopped people who have actually named
December 13, 2022
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commissioners and -- you know, I did that my first year as chair as
well. So it's a little bit -- it's a little bit of a trick.
COMMISSIONER SAUNDERS: It's difficult.
CHAIRMAN McDANIEL: It is. It is. And I concur with
Commissioner Saunders, the belief of anyone on this board lying, and
especially lying on purpose, is just not even part of the discussion.
So with that, Commissioner LoCastro, and then we'll go to
Ms. Radi, and then we'll wrap it up.
COMMISSIONER LoCASTRO: Okay. Well, I think this is
Commissioner Hall's item to either make a motion or not. But what
I would say if this did come back for discussion, I think regardless of
what side you're on, it's a positive, because the people that still
strongly support it, this gives you a chance to maybe make a stronger
case and also give us some history and feedback of what has
happened over the last few months. Those that have opposed it, it's
a chance to come back and maybe add to the discussion a bit.
So, you know, if there's a motion that's made to bring this back
for discussion -- we're not voting on killing it right now or anything
of that -- I certainly would support bringing it back for discussion,
and I would encourage both sides to get organized, find out what
we've done since the last time that we passed it, talk to county staff,
talk to all the landlords who should have gotten a notice and talk to,
you know, residents to find out all the people that we helped and
better educate us on did this ordinance do anything, could it do
something, or, you know, it wasn't worth the paper it's printed on.
CHAIRMAN McDANIEL: Just as a point of clarification.
COMMISSIONER LoCASTRO: Yes, sir.
CHAIRMAN McDANIEL: The vote is to bring back an
ordinance to repeal the 60-day notice ordinance. It specifically says
that.
COMMISSIONER LoCASTRO: Well, it says to -- that's why I
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was looking for clarification. It says to advertise and bring back a
public hearing --
CHAIRMAN McDANIEL: Right.
COMMISSIONER LoCASTRO: -- on the ordinance, and so at
the hearing we would then vote to repeal it or not, I think, is my
understanding.
COMMISSIONER SAUNDERS: That's correct.
COMMISSIONER LoCASTRO: Correct?
CHAIRMAN McDANIEL: To bring back on a public hearing
an ordinance repealing ordinance such and such.
COMMISSIONER LoCASTRO: Yeah. Well, to me the
public hearing would decide if we were going to repeal it or not,
correct?
CHAIRMAN McDANIEL: Of course, absolutely.
COMMISSIONER LoCASTRO: So I'm all for the public
discussion, and then, you know, we'll decide if we're going to repeal
it or not.
CHAIRMAN McDANIEL: Agreed.
COMMISSIONER LoCASTRO: But it would be a -- it would
be a challenge or an encouragement to those that this would be a
good time to get organized on what's recently happened, maybe find
out -- the City of Naples passed a similar ordinance. Has it been a
magical thing that has made, you know, their situation much better?
And even some other counties. I'd be interested in hearing that
feedback.
CHAIRMAN McDANIEL: And one other little point,
Commissioner LoCastro, you brought up as to what's, in fact,
transpired. I did receive a note from Dani Hudson and the Naples
Area Board of Realtors, and they have put forth that information to
their landlords and to their realtors just to disclose that the ordinance,
in fact, exists. So they're in support of repealing it, but they
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are -- they have -- from a news standpoint, it has been put out, not
necessarily by our own staff.
Let's hear from Ms. Radi, and then we'll call for the vote.
MR. MILLER: Okay. Elizabeth, you're being prompted to
unmute. And there you'll have three minutes, Elizabeth. Again, my
apologies for the confusion.
MS. RADI: Thank you, Troy.
First off, I want to clarify some things. I didn't know that this
ordinance was actually formally passed until I came into the
Commissioners' meeting and Kristi Sonntag and Jacob actually told
me that it had already been signed, because I was waiting for a
second reading and an actual formal approval in that board meeting.
So I didn't know anything about it actually passing that day.
So the fact that it had not been advertised or the fact that I, as the
head of the Collier County Tenant Union, didn't jump forth and do
something about it, I did from that day on. I have blasted it all over
Facebook. I have blasted it all over rental Facebook pages. I have
done my due diligence to try and make sure that everyone knows
about it that I can come in contact with, number one.
Number two, in two days I've had five people come to me about
the fact that they've been given less than 60 days' notice, and it's
Christmas, and we've got people that are being given less than 60
days that have to change their rents at the beginning of January 7-,
$800. We're not talking $50 difference. We're talking 700 to a
thousand difference in rent.
I am doing everything I can. So are all the other people that
have been fighting for this ordinance.
And, no, it's not a cure-all, but you have no answers. And
we've sat here and listened to victim shame. We sit here and listen
to commissioners grandstand and rant about what they're not going to
take and what they're not going to deal with, yet they have come up
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with no solutions at all.
And then it's on the count -- or on the tenants to try and figure
out what to do. And this is harming the landlords? No, it's not
harming the landlords. It's harming the tenants.
And this has not even been given a chance. And for you guys
to just come in here and say, oh, let's repeal it, what that tells me
what is going to come forward in the next coming months, that there
isn't going to be a lack [sic] to work together, that this is just going to
be another skating up under the rug.
And I'm telling you right now, as the head of the Collier County
Tenant Union, we're not going to sit down and let you continue to do
this. If we have to take it to the streets, so be it. We'll protest, and
we'll do whatever we need to do to let you know that we are not
going to lay down any longer and let you destroy our lives in Collier
County, and that's to all -- the landlords and to the current real estate
agents on our board.
Thank you.
CHAIRMAN McDANIEL: Okay. With that, Commissioner
Hall, you want to make a motion? Commissioner Hall?
COMMISSIONER HALL: I so move.
CHAIRMAN McDANIEL: Second? I'll second it.
All right. It's been moved and seconded that we bring forth the
ordinance -- have another hearing and bring forth the ordinance for
repealing the ordinance of the 60-day notice. Is there any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER KOWAL: Aye.
December 13, 2022
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CHAIRMAN McDANIEL: Opposed, same sign, same sound.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: So moved, 4-1.
Item #11A
RECOMMENDATION TO APPROVE THE CYCLE 11A
CONSERVATION COLLIER ACTIVE ACQUISITION LIST
(AAL), APPROVE THE REVISED ACQUISITION CYCLE
RANKING SCHEDULE, AND DIRECT STAFF TO PURSUE
PROJECTS RECOMMENDED WITHIN THE A-CATEGORY IN
SEQUENTIAL ORDER, FUNDED BY CONSERVATION
COLLIER LAND ACQUISITION FUND (172) (ALL DISTRICTS)
- MOTION TO APPROVE THE A & B LIST WITH NO PRICE
LIMITATIONS REGARDING THE TOTAL AMOUNT OF
EXPENDITURES BY COMMISSIONER LOCASTRO;
SECONDED BY COMMISSIONER SAUNDERS – APPROVED
MS. PATTERSON: Commissioners, Item 11A was previously
continued from the September 27th and November 8th, 2022, BCC
meetings. This is a recommendation to approve the Cycle 11A
Conservation Collier active acquisition list and approve the revised
acquisition cycle ranking schedule and direct staff to pursue projects
recommended within the A category in sequential order funded by
Conservation Collier Land Acquisition Fund 172.
Summer Araque, your environmental supervisor from the
Conservation Collier Program, is here to present.
MS. ARAQUE: Good afternoon, Commissioners. I am
Summer Araque, your Conservation Collier program supervisor.
And I would like to welcome our new commissioners. I have
included a few slides with background on them to give you a brief
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history of the program.
Okay. Conservation Collier was initially approved by
referendum in 2002 and was created at that time. In
November 2020, a referendum was requested by the Board of County
Commissioners which passed with a 77 percent vote in favor of
re-establishing an ad valorem tax to continue to acquire, preserve,
and manage environmentally sensitive lands within Collier County
shortly thereafter that referendum by the voters of Collier County.
In early 2021, the program started accepting applications for
Acquisition Cycle 10, which was presented to the Board of County
Commissioners in January of this year.
To date, Conservation Collier has acquired 22 different
preserves of over 4,600 acres of land that is managed and owned by
this county program. This map shows the existing Conservation
Collier preserves.
So regarding the cycles and how those work, we have target
mailing areas, and during your April 26th meeting of this year, the
target mailing areas were approved by resolution. Staff sent over
700 letters to property owners in 22 areas that were presented to the
Board of County Commissioners, and we received applications,
which you will be ranking today.
So during your review of the target mailing area on April 26th of
this year, the Board requested staff to accelerate acquisition. As a
result, we suggested a quarterly ranking during your July 12th
meeting, and that was approved on consent. Due to delays as a
result of the hurricane, the ranking schedule has been updated, as you
can see here in red.
Conservation Collier works with other divisions across the
county to evaluate and process properties for acquisition; therefore,
moving forward we have realized that it would be best to move to
doing two rankings per year as opposed to quarterly.
December 13, 2022
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So therefore, in FY23, Fiscal Year '23, we are proposing two
rankings. So the first ranking would be the one that you're
reviewing today, Cycle 11A, and then Cycle 11B would come to the
Board of County Commissioners in February of 2023, and then after
that we would move into the next fiscal year for -- Cycle 12 would be
in Fiscal Year '24.
So here are the Cycle 11A properties for ranking today.
Recommended for the A category, you have several properties, and
that is, essentially, the purpose of this agenda item is for you all to do
ranking. And these have been ranked by the advisory committee
during their August meeting. As I mentioned before, this item has
gotten continued a few times due to the hurricane. So this has
already been approved by your land acquisition advisory committee.
Please note that Big Hammock, which may have been referred to in
the agenda item, has been requested to be withdrawn for
consideration at this time by the property owner.
The properties that you see on this list have gone through a
process of review by staff and our committee.
Would you like me to review the A category properties
individually, or would you like me to answer specific questions
regarding a property on the list?
CHAIRMAN McDANIEL: I would like you to answer specific
questions, but I'll leave it up -- how about our -- Commissioner
Saunders, you lit up. Do you have a --
COMMISSIONER SAUNDERS: Yeah. I was just going to
ask a question about the Marco Island parcels. And I got a little
confused because part of the executive summary talks about the five
properties, and we're talking about four owners, and then there's kind
of a breakdown here of some of the different parcels.
But it looks like we're going to be paying well over a million
dollars plus per acre. I think it's actually -- on one of the parcels, it's
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actually almost $4 million per acre if you did it on an acre thing.
And it just seems to me that that is not really what we're trying
to accomplish with this program. So I'm curious as to, first of all,
what is the true cost on a per acre basis, and do we really -- really
think that that's the best expenditure -- way to spend these dollars?
MS. ARAQUE: Okay.
COMMISSIONER SAUNDERS: I know we've been trying to
buy tracts of land that are in important locations. We've also been
trying to provide properties that people can go out and enjoy through
passive recreation and trails and that sort of thing. And the Marco
Island parcels don't fit that category. As a matter of fact, I think
there was one discussion about, well, there can be an offsite park in
that area somewhere, and people could be shuttled over to look at the
gopher tortoises, but that's not really public access. So my question
is, is this really the best way to spend these dollars?
MS. ARAQUE: So this was included in your packet, and I will
tell you what staff has to say about it is that the recommendation
from staff is based on the listed-species wildlife value, so it's based
on the habitat value, but we do recognize the high estimated value per
acre. And the last bullet there on your slide is, it is the decision of
the Board whether to recommend all parcels for acquisition given the
high estimated value per acre.
So we are really leaving that up to you, and we do know that
those are costly. And we've had a lot of internal discussions about
that, especially your waterfront properties are about three to four
times the cost of the inland ones.
COMMISSIONER SAUNDERS: In terms of the discussion
with the committee --
MS. ARAQUE: Yes.
COMMISSIONER SAUNDERS: -- were there expressions of
concern or opposition to those parcels because of the cost?
December 13, 2022
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MS. ARAQUE: From some members, but in end -- at the end,
their voting was -- the result was an A. For all of these properties,
including one.
COMMISSIONER SAUNDERS: That was unanimous?
CHAIRMAN McDANIEL: No.
MS. ARAQUE: No. So the voting was not unanimous.
COMMISSIONER SAUNDERS: Okay. Well, that's what I'm
asking, if there was some agreement on the committee itself --
MS. ARAQUE: Yes.
COMMISSIONER SAUNDERS: -- concerning these parcels.
MS. ARAQUE: Correct, yes.
COMMISSIONER SAUNDERS: So there was?
MS. ARAQUE: Correct. The vote -- the vote of A was not
unanimous for all parcels on Marco Island.
COMMISSIONER SAUNDERS: What was the vote, if you
recall?
MS. ARAQUE: I don't have that with me.
CHAIRMAN McDANIEL: 6-3. Good?
COMMISSIONER SAUNDERS: Yes.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: I mean, as the commissioner
that represents Marco Island, I'll just say if we only bought properties
that were a bargain, you'd never buy anything on Marco Island. So,
you know, property on Marco Island's going to be very expensive.
And I might have misunderstood Commissioner Saunders, and
I'm not trying to -- and maybe I'll just make my own statement.
My understanding of this program is we don't buy properties to
make it -- necessarily to turn them into a park or a conservation area
or a place where people can watch birds and tortoises; that some of
the properties that we buy is just because they're such a high
concentration of wildlife on that property that are endangered, that
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we're trying to protect those animals. I mean, am I correct? I don't
want to oversimplify, but, you know, in some of these areas, the
concentration on Marco is very high from the briefings that I've
gotten, whether it's burrowing owls, nesting bald eagles, gopher
tortoises, or all of the above. And it's to prevent that property from
being built on and to preserve it.
I mean, that's why this whole program exists is that sometimes
to buy a piece of property to create -- to preserve a piece of land that
these endangered species can continue to thrive on rather than chase
them off because we built a condo. But -- am I correct? Am I
over --
MS. ARAQUE: You're actually both correct.
COMMISSIONER LoCASTRO: Okay. And so --
MS. ARAQUE: Because our inventory of properties have both.
So we do have properties that were purchased specifically that we
knew we would be able to provide access on them, and there have
been -- there are properties that are in our inventory that, at
acquisition, we really knew that that they probably would not have
access, and they're considered resource protection.
So 13 of our 22 preserves currently have public access. We are
working on public access for a few more, including Railhead Scrub
Preserve which, of course, when the roadway comes through, and
then a preserve near Rattle Hammock.
COMMISSIONER LoCASTRO: Yeah. You said it much
better than me.
MS. ARAQUE: But, yeah, so that's to answer your question.
COMMISSIONER LoCASTRO: So public access isn't an
automatic. We do buy parcels of land because of the high density
of --
MS. ARAQUE: Correct.
COMMISSIONER LoCASTRO: -- endangered species. And,
December 13, 2022
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you know, there again, I'll just sort of conclude by saying, we'd never
buy anything if we were only looking for the cheapest parcels. And
I think, you know, this program, we need to spread the wealth around
a bit.
And, you know, the parcels on Marco -- I can't speak to every
single thing on the list, but I lobbied very hard to have Marco parcels
put on List A because of the high concentration of the endangered
wildlife that were on those parcels, and I don't think anybody up here
thought that any of those parcels would be cheap.
I want to make sure that if we buy any parcels that we're paying
fair market value, but I would expect the fair market value on
anything on Marco's going to be, you know, higher than some of the
other places where the piece of real estate isn't Marco Island. And I
assume that the appraisal values that came in were checked by staff
as not being padded, that they were fair market value. I mean, that's
what appraisal is, somebody that has expertise, says this is what it's
worth. Was there any -- was there any conversations about the
appraisal value seeming inflated or anything, you know, that you
could share that might help us sort of better understand the dollar
figures here?
MS. ARAQUE: So this is something that I will be addressing a
little bit later, but I'll let you know now, is that these are estimated
values. The only one that you see there that is an actual appraised
value is for Agua Colina, because that was part of Cycle 10 on the B
list. And when I brought Cycle 10 to you all, you asked us to pursue
A and B, so we did obtain an appraisal on that. But by ordinance,
we really need you to rank that A in order for us really to move
forward with a purchase agreement. So the others are just estimated
values that were done in-house by Real Property.
COMMISSIONER LoCASTRO: So we wouldn't be voting
today to say, yes, buy all those properties. What we would be saying
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is keep them on the A list and continue on with the appraisals, and
then you'll come back at another time and say, we got the appraisals
back for the other ones. We already had Agua, and here's what the
prices came back as, correct?
MS. ARAQUE: We obtain -- we obtain the appraisal after you
vote as A, and this is all by ordinance, and then once the appraisal is
obtained, then we can move forward with a purchase agreement, and
then that's how we package it when we bring it back to you with a
purchase agreement.
COMMISSIONER LoCASTRO: Got it.
CHAIRMAN McDANIEL: Yeah. We're not voting on buying
anything today.
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: All we're doing is authorizing them
to go forward and negotiate on the acquisition --
COMMISSIONER LoCASTRO: Absolutely.
CHAIRMAN McDANIEL: -- of these things. And like -- like
C-1 that we continued today, in today's agenda, that ultimately,
individually, as they go through the contract, there is an ordinance
that delineates the price, what the county can pay, so on and so forth.
And then once those satisfactory negotiations are completed, then it
comes to us on a separate agenda item.
COMMISSIONER LoCASTRO: Right.
CHAIRMAN McDANIEL: And we make the actual --
COMMISSIONER LoCASTRO: That's why my position,
especially, you know, representing Marco, is I would love to see the
Marco parcels that I know are heavily populated by endangered
species continue through this process. If at the end the actual
appraisal is something that we think the juice isn't worth the squeeze,
then that -- when it comes voting time, we will decide that. But I'm
really strongly advocating that these Marco parcels that we worked so
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hard to get on List A or put on List A remain there, and we see what
the appraisals come back as.
CHAIRMAN McDANIEL: Commissioner Hall. I almost
called you Chris.
COMMISSIONER HALL: That's okay. That's what I go by
sometimes.
So just for clarification, I want to -- this program, there are
property owners that provide willingness to sell to Conservation
Collier?
MS. ARAQUE: Correct.
COMMISSIONER HALL: Okay. And then as -- going into
that program, we agree not to develop that property or sometimes
allow limited public access or no public access to protect these
animals. So in seeing -- I just wanted to clarify that I understood
that correctly. Because I see two ditches. One ditch being we're
never going to buy property at a bargain to allow this, and the other
ditch being supply and demand and price. You know, the demand
seems high, like, we -- we have somebody willing to do this and then,
you know, because the supply is low and we have somebody willing
to do this, now the price gets up there, and we're spending
extraordinary amounts per acre. So that's the other ditch. And I
would like to see us remain somewhere in the center where, number
one, just because -- is the rules we have to sell to these people -- or
have to purchase from these people based on a current appraised
value, or can we negotiate with these people?
MS. ARAQUE: Our purchasing policy states that we pay
appraised value. That is a policy --
COMMISSIONER HALL: Okay.
MS. ARAQUE: -- by resolution.
CHAIRMAN McDANIEL: Two appraisals.
MS. ARAQUE: So if the value -- if the estimated value is
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$500,000 or less, then we obtain one appraisal, and if it's over
500,000, we obtain two appraisals. That's specific to Conservation
Collier. And just to reiterate, it is a willing-seller program. But
once they apply, it's up to you-all whether or not you move it
forward. We have -- the policy has been followed since 2003 --
COMMISSIONER HALL: Sure.
MS. ARAQUE: -- and that's, I think, something that people
know that they can count on; we're going to pay the appraised value,
and then it goes both ways with the negotiations. There's not
necessarily negotiations on price. We might say, you need to
remove an old truck from the property or something to that effect
before we buy it.
COMMISSIONER HALL: Okay. Well, being in business for
28 years and constructing deals, and it's just -- I'm sorry, it just rolls
off my head just naturally. There is value because it's Marco Island
and it's waterfront, but there's also value towards us, the purchaser,
because the seller wants to sell his property as conservation. He
doesn't want future development. He wants to preserve the property
that he owns. So, therefore, that -- there is value towards us
purchasing driving the price down.
I just want to bring those things up and be aware of them,
because I don't think it's fair to the county or fair to the program just
to automatically assume, well, they're willing, and we're going to
have to give them whatever the two appraisals are. I just want to
bring that up as -- there is value to the guy that is offering to sell his
property in that program because they want -- they want that program
to remain. They want their legacy in that program.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I don't want anybody to
cringe when I say this. I love these gopher tortoises and the
burrowing owls, but we move gopher tortoises all the time.
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Developers are required to move them if they're going to develop a
piece of property. And I've been looking at these properties, and
every one of -- just about every one of these talks about estimated
109 tortoises, gopher tortoise burrows. The S&B property, gopher
tortoise burrows. The South Terra Corp property, gopher tortoise
burrows. Now, there is some vegetation and that sort of thing. I
want to protect these animals. And, of course, we can always -- we
move these. We could find a site that would be -- that these tortoises
would love to be moved to, and that's just a common practice.
So obviously this is all going to come back, but I'm expressing
my opposition to spending $2 million for an acre of land in the
middle of a heavily developed residential area that is not going to
really provide what I would consider to be long-term protection for
these animals. I think that if we really want to protect those
particular animals, they need to be moved, but that's just my view.
So I --
CHAIRMAN McDANIEL: Have you ever relocated a gopher
tortoise before?
COMMISSIONER SAUNDERS: Not that I can admit on the
record.
COMMISSIONER HALL: I have.
CHAIRMAN McDANIEL: I have.
COMMISSIONER SAUNDERS: Have you?
CHAIRMAN McDANIEL: Oh, I have.
COMMISSIONER SAUNDERS: I'll bet it's a burden.
CHAIRMAN McDANIEL: It is. You have to go build them a
condo. Then you take them from their home and move them to their
new condo. It's a very expensive proposition and needs to be
brought into the expense associated with the value of the property as
well.
COMMISSIONER SAUNDERS: If you have 109 gopher
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tortoises on your parcel and you want to build a house on it, you have
to move those tortoises.
CHAIRMAN McDANIEL: You have to relocate them.
COMMISSIONER SAUNDERS: Getting back to what
Commissioner Hall has said, there is a value to the property owner to
sell this because they're preserving their land, but the value of the
land should reflect what it would cost to remove those tortoises.
CHAIRMAN McDANIEL: The associated expense, and that's
a portion of what needs to be brought in from the valuation
standpoint, so...
And I jumped out of line, but Commissioner LoCastro.
COMMISSIONER LoCASTRO: Have we ever bought
property in the past where we paid less than the appraised value, we
did negotiate something? Are you aware of that? I don't know the
depth that you have in the program. But is there anything, or are we
just blindly -- if we decide we want to buy it, we pay the appraised
value?
MS. ARAQUE: I will have to check into that, because I've
been with the program for four years. My understanding is that I
would say 90-some percent of them that we have there may have
been a good deal out there that occurred at a certain point, but I'd
really have to get back to you on that.
COMMISSIONER LoCASTRO: Okay. Because let me give
you a scenario. One of these pieces of property on Marco, let's just
say that I'm the owner, and I own several acres right next to it with
my house and my beautiful boat and everything, and I hope that
Conservation Collier buys this piece of property so that nobody will
ever build next to me. And I can't wait to get the appraised value
and help, you know, the environmental cause, but then I live right
next door, and I'm the same owner of that property, and, you know, I
just all of a sudden created a preserve in my backyard.
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If that's the case, then I couldn't agree more with Commissioner
Hall. Then I would go to that landowner and say, well, the property
was appraised at $700,000. We'll give you $400,000 so that nobody
will ever build next to your beautiful, you know, 10,000-square-foot
home.
And I hope we have businesspeople that are smart enough to
negotiate that kind of thing, because in a lot of cases the property
owners of these properties or in some cases, own adjacent properties,
and are excited about this becoming a Conservation Collier footprint
for selfish reasons and then also, too, they get appraised value. So
it's not like we buy it, you know, pennies on the dollar.
Lastly, I'll just say, let's not get out ahead of ourselves on this
vote. We're not voting to buy anything. And so, there again, I
would love to see this process for all of these properties continue
equally. And I will tell you if I -- if at the end, if that happens
today -- and if at the end there are Marco Island properties on here
that I think aren't worth the price because of various things, I won't
fall on my sword and just say, because I'm the Marco, you know,
commissioner. I mean, you know, we all represent all of Collier
County, and I would like to see this money spent wisely, but on the
flip side, I hope everybody realizes that if we're just looking for
bargain properties, we'll never preserve anything on Marco, and that
really does concern me.
But I'll end again by saying, I hope we're dynamic enough to
look at who the property owners are and be knowledgeable enough to
know if they own the adjacent property and they're very excited about
selling to Conservation Collier so that nobody will ever build and
they won't lose their view and -- on all the other things, because I've
seen that more often than not, even in the time, you know, I've been
here, so...
And if I was the landowner and was -- and had that exact
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scenario, I would -- I would sell it for well under the appraised value
if it meant for the rest of eternity I don't have to look at a four-story
structure and noisy neighbors or whatever you, so...
And then the money that we save might be able to allow us to
buy other properties, so I would just ask that regardless of how we
vote today, that if we've never done that, I would hope we have the
ability to do that. And maybe we don't, but that would be sad
because we wouldn't be using the money wisely. And don't forget,
too, this is a program that, correct me if I'm wrong, voters voted, like,
70-something percent that they wanted to support, correct --
MS. ARAQUE: Yes.
COMMISSIONER LoCASTRO: -- in 2020. So, I mean, it's
the citizens who -- you know, this isn't us wasting money. It's the
citizens who believed in this program and voted, you know, at a high
number that they would like to see us preserve properties.
CHAIRMAN McDANIEL: Those are ultimately
all -- ultimately all values to the property and consideration to be
given like Commissioner Hall talked about with regard to the overall
valuations and how we get there. The value of the property is
impacted by the environmental concerns that are, in fact, there, and
it's not oftentimes given weight while they're being appraised.
Commissioner Kowal.
COMMISSIONER KOWAL: Yeah. I figured I'm the only
one that didn't speak on this, but a lot has been said by my colleagues
up here I agree with, and I just want to go on record that I like this
program, Conservation Collier, because I think it has some good
things about it, but I surely don't want it to become a dumping place
for people's parcels that I don't know any history about these. Did
they try to attempt to sell these on the market at one point? And was
it brought up that the factor was endangered species on these lots and
people that were interested in it were no longer interested in it
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because of the extra costs to put a home on, or vice versa or, like
Commissioner LoCastro said, a high-rise condo.
But that drives the price, and the price is only driven by the
market. The thing is, a parcel of land's only worth what somebody's
willing to pay for it. We can sit up here and say this or that, but
when we create an out for somebody like, you know, LoCastro's
saying about never having something built next to their property and
also getting market value for it when they couldn't get market value
anywhere else because the cost to develop it outweighs the cost that's
[sic] willing to pay for it, what the market dictates [sic]?
I think -- I just want to go on record that, you know -- and I'm
looking at these Marco parcels. They're just spread out. There's no,
like, real rhyme or reason to them, you know. They're just, like,
somebody's lot next to their lot, somebody's lot three miles up the
road next to their lot.
You know, I just hope that we're not getting taken and the
taxpayers money that, you know, they work so hard to get into this
program is not being used frivolously, and we're being taken to just
get people's properties off their hands.
So that being said -- and then if we do look at it that way,
through that set of eyes, we do have really important areas like I
know where we have natural watersheds and things like that we can
utilize for communities that we can preserve areas near their
communities and buy parcels of property that will benefit the people
around them in the natural habitat. I think the money's well spent
there.
So I just think we need to research exactly the back story on
some of these lots and if they've ever been tested in the market.
Because I know there's rules. The County Manager can correct me,
but I guess there's rules on how we pay and what we pay, but it
doesn't mean we have to.
December 13, 2022
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MS. PATTERSON: As Summer described, the standing policy
has been to pay the appraised value and then based on those
thresholds she described, there's -- the Board can give different
direction if that's the way we're -- the direction that we're heading.
COMMISSIONER KOWAL: I don't believe one size fits all.
I mean, I think we can all agree on that, right? Everything's fluid.
There's nothing stagnant in this world. I think every -- it should be
case by case.
COMMISSIONER SAUNDERS: The policy is to not pay
more than the appraised value. That's the policy. So no one has
said you can't pay --
COMMISSIONER HALL: Less.
COMMISSIONER SAUNDERS: -- less than the appraised
value. That may be where you're starting, but a property owner
that's willing to sell for less, there's no prohibition on that.
MR. KLATZKOW: Can we come back on this,
Commissioner? This is coming back anyway.
CHAIRMAN McDANIEL: Right.
MR. KLATZKOW: As part of that, I'll work with the County
Manager on the executive summary as to what the ordinance says,
what the resolutions say. But at the end of the day, it's Board policy.
So if it's the will of the Board to allow flexibility in these
negotiations, then that's what you can direct staff to do.
CHAIRMAN McDANIEL: I think that's what you're hearing
right now.
MR. KLATZKOW: Yes, yes, that's what I'm hearing. But I
would ask that you allow me to work with the County Manager and
come back on this.
CHAIRMAN McDANIEL: Well, we have public comment,
and then we'll go for a vote on this. And as I've already said and
Commissioner LoCastro's said as well, we're not voting on buying
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anything today. We're just moving forward with staff to be able to
negotiate with I think some new parameters.
MS. ARAQUE: Okay. After public comment I would like to
briefly review the ranking procedure before you do the ranking, and
that's it.
CHAIRMAN McDANIEL: Okay.
MS. ARAQUE: Thank you.
CHAIRMAN McDANIEL: Troy?
MR. MILLER: Mr. Chairman, we have five registered
speakers. Your first speaker is Richard Blonna. He'll be followed
by Stefen Bolsen.
CHAIRMAN McDANIEL: Good morning, Richard.
MR. MILLER: I should say Councilman.
CHAIRMAN McDANIEL: Good afternoon, Richard.
DR. BLONNA: Good afternoon. Doctor Rich Blonna, city
councilor, Marco Island. And I'd like to congratulate Commissioner
Hall and Commissioner Kowal. Tough election, and you are in the
work of a great group of men here and are going to get a lot
accomplished.
I am personally going to give each of the two commissioners my
business card. I've spent the last two years working with all of these
properties on Marco Island, and any other commissioner who wants
to speak with me, so I could give you all the background on
these -- on any of the parcels on Marco that you're interested in, and
I've love to do so.
You mentioned that you're excited about the learning experience
of being on these committees. For me, the last two years has been
an incredible learning experience getting to attend these Conservation
Collier meetings. You folks are really lucky to have the people
working for Conservation Collier that you do. It's top-notch from
the administrators down to the actual field biologists who go out and
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evaluate these properties and rank them. So they're really, really
top-notch.
First, I want to talk about the entire A list and have you
conceptualized this as a group of parcels that I think is as diverse and
as comprehensive as possible. So these properties range from
multi-acre rural properties that -- where panthers roam to quarter-acre
lots on Marco Island that are inhabited by gopher tortoises and
burrowing owls that have been there for hundreds of years. And
under the land on a couple of these -- the Agua Colina parcel in
particular, under the land on these parcels is a rich archaeological and
historical treasure that I've talked to the county Archaeological and
Historical Society about, and they've already had digs on these
properties. So we're talking about unique land.
The -- and I wanted to address a couple of specific questions.
I'm going to get rid of that and address, in my three minutes, unless I
can gather a little more time -- these parcels are all connected. Why
they look like disparate pieces of land here and there, they're all
connected because they're part of a geological formation of ridge that
runs down the backbone of Marco Island, and that ridge actually
curves around Barfield Bay, and it terminates at the first ever
Conservation Collier preserve, which is Otter Mound.
So if you were to look at all of these lots, what they have in
common is they all reside on this ridge, which is a unique geological
formation which has been there for thousands of years, all right.
So -- and it's unique not only to Marco Island. It's unique to all of
Southwest Florida and perhaps all of Florida. And that's what scares
me when I hear, you know, the discussion, because this is the prime
habitat for these gopher tortoises.
You have to start thinking about this as if you would as if you
were the commissioners of the Galapagos Islands. You know, think
about a unique piece of land that houses things that are found
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nowhere else in the world, and it's my job as the city councilor to
protect this land.
And I'll give you one example of how unique the cooperation
we've had on Marco Island between owners, realtors, developers, the
Audubon Society, and the City Council. I actually went out to the
four contiguous parcels that you referred to, Commissioner Saunders,
and I spoke to the owner and to the realtor, and I said, are you
familiar with Conservation Collier, and they had no idea what it was.
So I spent two hours educating them about what it was. They
took the property off the market because the owner wanted to protect
it. And the owner and the realtor and Audubon and the City Council
has worked together to protect those lands. Twenty-one tortoises
died in the last year; they were run over by cars.
I got the owners and the realtor to agree to let us go there and
put a temporary fence up. Even though this land -- they might take
the land off the market and sell it [sic], but they were willing to
cooperate to do that. So there's been a -- and the community has
been super supportive.
So I hope you kind of look at them, because one of Conservation
Collier's priority acquisitions is urban parcels. That's actually in
their charter. So, yes, there's a -- you can get a much bigger bang for
the buck. You can buy 100 acres in Immokalee for what you pay for
a quarter acre on Marco, but the charter of Conservation Collier says
we want a diverse group. We're the only place, actually, that has
urban properties that are on the A list.
So, again, I'll work with you two gentlemen to understand the
whole underlying purpose of Conservation Collier and some of the
things that go into these cycle -- acquisitions list, and it's -- it was a
learning experience for me. Hopefully I can share some of that
knowledge with you. Thanks for your time. Appreciate it.
CHAIRMAN McDANIEL: Yes, sir, Councilman. Appreciate
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your -- appreciate your information there.
Who's next there, Mr. Troy?
MR. MILLER: Your next speaker is Stefen Bolsen, and he'll
be followed by Brad Cornell. Stefen is not here, I'm being told. So
Brad Cornell will be next, followed by Brittany Piersma.
CHAIRMAN McDANIEL: Nor is Brad, but we have Brittany.
MR. MILLER: Well, they're dropping like flies. Brittany
Piersma will be followed by Meredith Budd.
CHAIRMAN McDANIEL: Mine substitute.
MS. PIERSMA: Hi. My name is Brittany Piersma. I'm a
field biologist for Audubon Western Everglades. I'm really the
boots on the ground in Marco Island, so most of these properties I
have surveyed for all wildlife, specifically gopher tortoises and
burrowing owls.
I think I can speak for a lot of the citizens on Marco Island that
increasing the conservation in this area is really a huge step. It's for
a multitude of species. So we're not just talking gopher tortoises and
burrowing owls. I think we really need to remember that gopher
tortoises are a keystone species. This means that 350 organisms
have been seen to use their burrows.
So this isn't just preserving just for those specific animals.
You're preserving the habitat for all these other organisms. This is
creating the wildlife corridor that we talk about on Marco Island.
Specifically, in this area, I've been going through some of the
permits in the past years because I really wanted to understand
what -- the significant loss that we've had. So since the start of
permitted removals, we've had 296 parcels that had owls burrowing
in those parcels removed. So 296 parcels that those owls had
misplaced [sic] and have to find a new home.
Since February of 2021, I spoke with FWC, and so now we're
way over this number. We have over 283 physical gopher tortoises
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removed from the island. When they are removed, they're removed
to a recipient site. The closest recipient site to us is pretty far away
in Central Florida. So thinking of the habitat change, the climate
change, and their survival, that's why we are working towards getting
the conservation in this area.
I think to, really important, realize in these properties is you're
not just buying these properties to protect these animals. You're also
looking at the habitat and how we're going to manage it. So if you're
buying a property such as some of the ones on South Barfield that's
filled with Brazilian pepper and invasive plants, a lot of those
tortoises are confined in really small areas. When they go through
the process of managing these plants, that's going to open it up for a
lot of different organisms to potentially move in there.
So there's a lot of benefits additionally looking at these
properties on Marco. The value is also the archeology. There's a
lot of history in this area.
If you haven't driven around what they call the Estates in the
upland areas of Marco Island, please do so. It will open your eyes.
There's a lot more than just going to the beach on the island, and the
archeology areas are just outstanding.
I can specifically answer any questions you have about a lot of
these properties, but specifically with South Barfield, Blonna
mentioned, we did spend time especially on that area looking at the
roadway. This is a great area for education. It's right behind the
newer Publix on Marco Island. There's a lot of things you can do in
that area. We did mark that there was 28 tortoises that were sadly hit
by cars. So that silt fence, since then we've had a major decrease,
but there's a lot more we can do. We can add educational signs.
We can have areas that at least people can view the wildlife.
So I hope you consider keep moving forward in looking at
Marco Island.
December 13, 2022
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Thank you.
CHAIRMAN McDANIEL: Thank you, Brittany.
MR. MILLER: Your next speaker is Meredith Budd. She'll be
followed by your final speaker, Harrison Hubschman.
MS. BUDD: Good afternoon, Commissioners. Meredith
Budd on behalf of the Florida Wildlife Federation.
The Federation is supportive of staff's recommendation to
pursue the A list, every single parcel that is listed on the A list. And
as you all have noted, this is just the step to move forward to further
evaluate and make -- allow for staff to go forward and get appraisals
on these properties.
It's been stated many times this is a willing-seller program, but I
want to remind you and just emphasize that it's a willing-seller
program for the program that's been advertised, and that was
approved by this board, which has articulated that the county would
buy parcels at appraised value.
So when you talk about the motive for a seller to sell to
conservation, they're putting in an application for a program that is
set forth to buy a property at a certain -- at the appraised value.
There are people who donate properties to the program, and
those people have come forward and say, you know what, super
passionate, I just want to give this property to the county, and that's
fantastic. But I want you to remember that these people are applying
to a program that's been well established to pay appraised value, and I
think that should be respected.
With that in mind, the priorities for acquisition are set forth
based on specific criteria in your ordinance, and that implementing
ordinance has value for Collier County's drinking water, wildlife
habitat, flood protection, and opportunity for public access. Public
access is a priority, but it's not the only priority. Conservation of our
most important natural resources is paramount for this program.
December 13, 2022
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This has been a super successful program. It has had, excuse
me, overwhelming support from the electorate. In 2002 when it was
initially approved, it was nearly 60 percent of the vote. It was then
put through to a straw ballot in 2006 with 82 percent of the vote.
And most recently in 2020, nearly 77 percent of Collier County voted
to approve this reauthorization of the program to move forward with
acquisition. That is an overwhelming amount of this county and the
electorate here. Clearly people here, taxpayers, want to spend their
tax dollars, that ad valorem tax, to purchase properties, and that's
what you guys have the opportunity to do today is move forward with
the process to get appraisals on the A List properties.
These properties were evaluated by your committee, they all
have high environmental value, and they all meet those criteria set
forth in the ordinance.
With that in mind, I just want to express the Florida Wildlife
Federation's support in moving forward with all of the A List
properties.
And when it's -- the final note I just want to make is on gopher
tortoises. Unfortunately, gopher tortoises prefer sandy soils. It
happens to be the same habitat that we like to build on. And you can
move them, and you can permit those to be moved. Unfortunately,
what happens is you end up extirpating these tortoises from their
home range, and they end up not being able to live where they are
supposed to be living.
There are no gopher tortoise recipient sites here in Collier
County. You cannot move a tortoise within Collier County. I think
the closest one is maybe in Glades County at this point. And so just
keep that in mind. You can move them, but you are extirpating them
from their home range, and this program can play an important role
in keeping the species here.
Thank you.
December 13, 2022
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CHAIRMAN McDANIEL: Don't go away, Meredith.
It's a very expensive process, by the way.
Commissioner LoCastro has a question for you.
MS. BUDD: Oh, sure.
COMMISSIONER LoCASTRO: So, Meredith, you're in first
place. You speak faster than I do, according to Terri. So we have
to work on that, right? Both of us.
I appreciate what you say, that historically we've paid appraised
value and to continue to honor that, but I aggressively disagree with
that. First of all, you have a totally different board here, and times
have changed.
And so we're talking about taxpayer dollars here and trying to
stretch a dollar. And if you heard my example of if I own the
adjacent property, I bet you we've wasted a lot of money just by
saying, oh, we'll pay appraised value. I bet there was a lot of owners
that went back to their homes that were right next door to the
property that we bought for appraised value and then cracked open
champagne and said, boy, you know, what a great deal I just got, and
now I get to look over the 100 gopher tortoises that now make up my
backyard in an area that will never be developed.
So I don't know if it's written somewhere that legally we have to
always pay appraised value. Maybe that's the going-in position, and
so then the owner says, okay, I'll play and discuss. But in the end, I
would hope we would -- we would negotiate.
And if that's a new thing, then I'm all for starting a new thing
because it's called, you know, good business and stretching our dollar
as far as it can go, and especially when you're talking about the price
of the properties and what they've gone up. Maybe, you know, 15,
20 years ago paying appraised value was rubber stamped, or however
old this program is, but now, I mean, some of these properties on
Marco are going to come in appraised twice, maybe three times what
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they would have even just a few years ago. We have to be dynamic
enough, especially if we find out -- and that's why if this does go
through to be approved to just pursue, like we're saying we're not
buying anything, I would hope when whoever comes back and then
tells us what the appraised values are, there's a couple of extra
columns there that educate us on the owner does own the adjacent
property, the owner has donated property before, or a little bit more
of dynamic details so we don't just say yes or no, appraised value.
And I would hope we would have that flexibility on these
properties. And if somebody says we don't, then the sad thing is, we
might -- we may lose out on preserving some properties because we
weren't dynamic enough to be able to negotiate.
So maybe we all need to get a little smarter on the process. But
if historically we've always paid appraised value, I don't think that
means we have to. And so I would hope, you know, to get as many
properties as we can, we would be able to be, you know, flexible.
And having said that as well -- and I don't know, necessarily,
that you're the expert to answer this question, but on some of these
properties, if there's 150 gopher tortoises -- and this sort of goes to
what Commissioner Kowal was saying. If you did the math on,
okay, I bought -- Conservation Collier wasn't able to rescue that
property, so now I buy that property as a developer. I'm interested in
it. If I really did the algorithm on what it would take to relocate
those tortoises, all the other archaeological things that I would need
to do, I mean, I would expect there's some properties on here that
maybe we don't need to buy because they're really un-developable,
you know, if that's a term.
Although I will say a couple meetings ago I did say, especially
on Marco, sometimes money's no object, and if somebody wants that
property -- so we do have to be really careful. But with your
expertise, would you say that sometimes the cost is so exorbitant to
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do it properly, you know, to buy -- for someone to develop the
property that it becomes, like, unbuildable?
MS. BUDD: So I would note that when you talk about how
many burrows were on the property, for example, in that -- in the one
you said --
COMMISSIONER LoCASTRO: Right.
MS. BUDD: -- there were 150 burrows, that's now how many
tortoises there are.
COMMISSIONER LoCASTRO: Right.
MS. BUDD: So usually the number is half. So when you
take -- there's 150, 160 burrows, half of that is actually occupied
burrows. And when you look at who's building on Marco, I don't
know if I would put a lot of faith in the fact that people would say,
oh, that's too much money. It's 6,000 or so per tortoise. Yet half
that number, it's a fraction of the cost of the parcel. They're going to
be putting millions of dollars into the home.
To me, I look at that cost and I see it as being negligible to the
person building a home on that property considering that it's a
fraction of the cost of the property itself plus what they're going to
build on it. I don't know. I don't know those people's motivations,
but to me it seems to be negligible in cost.
COMMISSIONER LoCASTRO: I agree. I mean, that's what I
said at a meeting is let's not discount some of these Marco properties
because they're a little expensive and because they have a high
concentration of exotic or endangered animals because somebody
will come in and destroy it forever possibly. But, okay, thank you.
MS. BUDD: Thank you.
COMMISSIONER LoCASTRO: Thanks for what you do, and
same to Brittany. I mean, I work really closely with her on Marco as
well, and you guys are amazing.
MR. MILLER: Your final speaker is Harrison Hubschman.
December 13, 2022
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MR. HUBSCHMAN: Yes. I forgot her name, but would you
please -- could she come back?
COMMISSIONER LoCASTRO: Meredith Budd?
MR. HUBSCHMAN: I want to ask her a question.
CHAIRMAN McDANIEL: No, no, no.
MR. HUBSCHMAN: No, can't do that?
CHAIRMAN McDANIEL: Commissioner LoCastro asked a
question of her, but this is not a debate amongst the public.
MR. HUBSCHMAN: No, it's not a debate. She said that
there's no places in Collier County to move tortoises to.
CHAIRMAN McDANIEL: Approved.
MR. HUBSCHMAN: Approved places.
CHAIRMAN McDANIEL: Yes.
MR. HUBSCHMAN: Could we get a site approved --
CHAIRMAN McDANIEL: Yes.
MR. HUBSCHMAN: -- number 1?
Number 2, why spend a million dollars for an acre where there's
100 tortoises or 100 burrows or whatever, where these tortoises have
eaten all the food that they can eat, and now they have to cross roads
to go to find food somewhere else, and they get run over by cars?
Why not buy -- get a -- get a site approved, buy the site, and
then move these tortoises to that site, you know, rather than -- rather
than keep -- rather than spend the money on buying million-dollar
acre lots in Marco Island? These tortoises need to be -- need to be
spread out. They need to have area to grow and to increase their
numbers. They're not going to increase their numbers on a one-acre
lot. They're going to stay stagnant. They're going to eat up all the
food that's there, and then they're going to run out in the streets
looking for food on other lots and get killed.
CHAIRMAN McDANIEL: Tortoises don't run.
MR. HUBSCHMAN: I've seen them run. I lived in Pine
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Ridge for 20 years, and I had a lot right next door to me that had six
or eight of them on there, and they were always out in the streets
running around. And you don't think they run? Approach one
when they're outside their hole, and they run back down that hole as
fast as they can. And I'm telling you, you can't catch one. It's
impossible.
But to spend the kind of money you're talking about to buy one
acre where they're never going to -- never going to grow, never going
to increase in number. Why don't we get a site approved in Collier
County, buy it, and let the tortoises have a bigger range, a much
bigger range to go to. That's what I have to say.
CHAIRMAN McDANIEL: Great idea. Great idea. Thank
you.
You know, there again -- you're coming back, Summer? You
have some --
MS. ARAQUE: No, when you're ready for me.
CHAIRMAN McDANIEL: I'm ready for you. We're done
with the public comment. I'm ready for you to help us with this
diagnosis of Category A.
MS. ARAQUE: And if we can find a place, I would love to
buy a gopher tortoise recipient area, but we have not seen any that are
large.
So are you all ready to do the ranking part of this, now that
you've had the public comment?
CHAIRMAN McDANIEL: Yes.
MS. ARAQUE: Okay. So you have the A, B, and C category.
The A category is our parcels that you would like to be considered
further, and those we will obtain appraisals. And we have decided
that we would wait to make -- until after we bring it to you, if we
need to do any extensive Phase 1 testing or Phase 2 testing, we would
let you know about that, but we, at minimum, do appraisals. And
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then if all we need to do is an appraisal, we -- our current process by
ordinance is that we move forward to the purchase agreement, and
then that's what comes back to you-all. And so --
CHAIRMAN McDANIEL: And I think you heard from this
board today in this discussion that there are other factors other than
the market value associated with a piece of property. The
developability of the property in concert with the cost to build the
condos, to relocate the tortoises, the archaeological impacts are -- all
have effects on the overall value, and not necessarily in a positive
manner, depending on which way you weigh it. I mean, from the
archaeological value, some of that's -- some of those things are
priceless, but also from a market standpoint, render that property
un-developable at all.
So I think I heard today that we would like those considerations
actually to be brought in --
MS. ARAQUE: Yes.
CHAIRMAN McDANIEL: -- in the appraisal process as we're
making the decisions going forward next year on the actual
acquisitions.
MS. ARAQUE: Okay. And it is my understanding, and I will
confirm with Real Property, that, like, the appraisal that was done on
the property that was continued, that the gopher tortoises were
considered as part of the appraisal, but I will -- I will get that
confirmed.
CHAIRMAN McDANIEL: And also -- it's also the other
things that this board talked about as well.
MS. ARAQUE: Correct.
CHAIRMAN McDANIEL: What are the overall impacts on
who owns the piece of property? What proximity are they --
MS. ARAQUE: Adjacent.
CHAIRMAN McDANIEL: -- there? What value is the
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acquisition by Conservation Collier to the property owners that are
next door or to the actual owner of the property and so on? So those
are all things that we would like to have considered.
MS. ARAQUE: Correct. We will include the information
about where that property owner lives, if they live next door or if they
live down the street or if they live out of town.
So just to reiterate, too, all due diligence, including appraisals,
are at the cost of the county.
And so if you vote for A category -- part of the reason I wanted
to review this specifically is because last time you-all did do an A
and B category that you wanted us to pursue. So what I would
question is that if you have any that are currently on the B category
that you want us to pursue, that I would say move it to A. That way
we're following the ordinance.
And so B category is to hold for re-ranking at the next cycle, so
that's something to consider as well. If there's something that you're
not quite sure about, you can put that on the B category, and then it
will come back to you in February at that time.
And then C category is that there's no interest in inquiring on
your part and will not be pursued, and it will be removed from the list
for consideration.
And the recommendation would be to approve Cycle 11A active
acquisition list and direct staff to pursue projects recommended
within the A category, and the -- I just want to note that the Board
will need to indicate the ranking category for those where staff and
CCLAC -- the CCLAC recommendation are different. I'm going to
pull that up for you right now. And so here is your ranking list.
I would like for you to indicate any that you would like to be
moved to a different category, or would you like them all to stay in
the same category?
CHAIRMAN McDANIEL: I'm going to stop you right there.
December 13, 2022
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I am absolutely not comfortable in adjusting the rankings in any way,
shape, or form. The CCLAC has already reviewed these pieces of
property. We start picking and choosing winners and losers when
we move properties from A to B. I personally don't think that this
board should be making a determination as to the rankings
whatsoever.
I think that this board should -- we have a source of funds. The
electorate has agreed to make these acquisitions. I think we should
go forward on all of the A List properties, all of the B List properties,
and then come back individually with those properties. I don't know
if C's even part of this list or not. But I'm not happy about ranking A
and B and then within A we have category 1, 2, 3 and all those sort of
things.
These are properties that have been identified as
environmentally sensitive. These are properties that have been
identified as willing sellers. I think we should pursue these
properties to the greatest extent possible, and then this board will
make the decision individually based upon the appraised value and
the circumstances of the acquisition. I don't want a motion today to
limit us to not spend any more than X from to -- up to $20 million. I
don't want that motion.
MS. ARAQUE: Okay.
CHAIRMAN McDANIEL: Because that puts -- that puts this
board in a position of having to making a decision at a later date.
I mean, one of the most -- one of the most environmentally
sensitive pieces of property out there is some of that land that's out
east of State Road 29. Thousands of acres. I think they call it Isle
Hammock in here.
MS. ARAQUE: That would be on your next cycle.
CHAIRMAN McDANIEL: Correct. And so I would rather
we not today be putting all that much limitation what it is, in fact, you
December 13, 2022
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can do until you come back with the revised list and the priorities that
the CCLAC has already made recommendations to us.
COMMISSIONER LoCASTRO: So, yeah. So, Mr. Chair, I'd
like -- in the sake of time, I guess, because I couldn't agree more, I
mean, I'd like to make a motion that we accept this list as it's being
presented but also, too, that, Summer, you take back that when you
come back here, if my colleagues agree and it is passed that we take
the list right now as is recommended to us, rather than picking and
choosing, I couldn't agree more -- that when you come back, maybe
one of the things that we're going to do that's going to be new is a lot
more detail on each parcel, who the owner is, is there an
accompany -- you know, do they own land that's accompanying or
any other dynamic things. It really shouldn't -- especially in a time
where real estate is so expensive now, I would hate to see us just say
yes or no, thumbs up or down, we're paying $1.2 million. Next.
But, you know, I'd make the motion we accept this list as-is for
consideration and appraisals, and then when you come back, we'll
obviously decide if we -- you know, where the money should be best
spent.
CHAIRMAN McDANIEL: Commissioners --
MS. ARAQUE: When you have a chance, I just wanted some
clarification.
CHAIRMAN McDANIEL: We'll get there.
MS. ARAQUE: Yep.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I'll second the motion. I do
want to ask a question. And I may raise some issues when this
comes back concerning the price for some of those parcels.
COMMISSIONER LoCASTRO: Me, too.
COMMISSIONER SAUNDERS: But I heard what you said,
Mr. Chairman, in terms of not wanting to have any limitation on the
December 13, 2022
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amount of money that's being spent. And the recommendation says
in order -- spending no more than $20,576,100. Do you want us
to -- is that part of the motion, or are we eliminating that restriction
on the --
CHAIRMAN McDANIEL: I would prefer today we eliminate
that restriction.
COMMISSIONER SAUNDERS: I don't have any problem
with that, but I just wanted to clarify for the record.
CHAIRMAN McDANIEL: Right.
COMMISSIONER SAUNDERS: So I'll amend the second if
the motion maker is willing to.
COMMISSIONER LoCASTRO: Absolutely.
COMMISSIONER SAUNDERS: Just to clarify.
CHAIRMAN McDANIEL: And, again, when I was on
my -- when I was on my pedestal there, I would rather we not be -- I
mean, I would rather we not be ranking these A and B and 1, 2, 3
within A and so on. I would -- I would think that these properties
have all been necessarily identified as environmentally sensitive, and
we will take them into account based upon the appraised value and
the -- and the circumstances that surround determination of that once
you -- once staff actually gets to a contractual arrangement.
What clarification more do you need?
MS. ARAQUE: So for the Sanitation and Bethune Road
property, that was on your B list. Staff has recommended that a C
due to the PFAS found on the property.
CHAIRMAN McDANIEL: Say that all again. Sanitation
Road --
MS. ARAQUE: Sanitation --
CHAIRMAN McDANIEL: I thought this piece was removed
from the acquisitions list at all.
MS. ARAQUE: That you-all put on the B list last time --
December 13, 2022
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CHAIRMAN McDANIEL: Okay.
MS. ARAQUE: -- so by default, anything on the B list remains
on the list and then is re-ranked at the next -- at the next ranking.
CHAIRMAN McDANIEL: And that's a fine way to go. I
mean, the A list is the A list, and the B list is the B list. We had
extensive discussions about this piece of property, and this all flies
back into the valuation process when you buy an environmentally
constrained -- or there are potentially constraints based upon toxicity
and things that come along with buying a piece of property like this;
that all impacts the value. I have, in my life, bought gas stations
where there was subsurface fuel tanks and the like, and you have to
remediate those things.
County Manager's over here waving at me. So, yes, ma'am.
MS. PATTERSON: Commissioners, on this particular piece of
property, as you're discussing, my suggestion is if we're going to -- if
they're going to work on the entire list, we can simply just put this
one towards the bottom. There's way more properties, probably,
than we are going to get through. We'll see what we can do on this
one kind of on the side, just because there are a lot of concerns with
this property.
So let's see how far we get with the ones that maybe have a
higher environmental value and less other environmental concerns,
but we'll work this one on the side.
CHAIRMAN McDANIEL: Okay. I'm not suggesting that we
take it off the list by any stretch, but just --
MS. ARAQUE: Okay. So if you all are going to recommend
that it -- to go with the CCLAC Category B, then I would want to tell
you that we have been talking with an environmental consulting firm
about getting the Phase 2 and what that would cost if this property
remained on the list. We're looking at about $30,000 right now.
CHAIRMAN McDANIEL: We're not going to do a Phase 2
December 13, 2022
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until I have a negotiated purchase agreement that takes into account
all of the environmental concerns that travel around this piece of
property. I'm not spending any more money on it. I don't think we
should, personally. It's not me.
MS. ARAQUE: Well, that's what I wanted --
CHAIRMAN McDANIEL: It's a decision of the Board. I'm
sorry.
MS. PATTERSON: Understood, Commissioner. I understand
your direction.
MS. ARAQUE: Yeah, that's what I wanted clarification on.
CHAIRMAN McDANIEL: Do we have a contract for purchase
on this yet?
MS. ARAQUE: No.
CHAIRMAN McDANIEL: So for and until we have a contract
for purchase that's predicated -- that brings into account the appraised
value, brings into account the potential circumstances that revolve
around the toxins that are known to be there, no, we're not going to
go spending -- do a Phase 2 on a piece of property we haven't even
got an agreement to buy.
MS. ARAQUE: Thank you.
CHAIRMAN McDANIEL: Oh, okay.
MS. ARAQUE: I agree.
CHAIRMAN McDANIEL: Okay. Good. Tell us that.
MS. ARAQUE: I want to hear that from you. Thank you very
much.
CHAIRMAN McDANIEL: Okay. Jiminy Christmas.
So with that, it's been moved and seconded that we move
forward on the A and B list with no price limitations with regard to
the total amount of expenditures. Good with that? Is that a correct
assumption -- summation of the motion --
COMMISSIONER LoCASTRO: Yes, sir.
December 13, 2022
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CHAIRMAN McDANIEL: -- and second?
Okay. It's been moved and seconded that we do that. And I'm
not going to try to repeat that. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. ARAQUE: Thank you.
CHAIRMAN McDANIEL: Yes, ma'am. And next time just
tell me those things.
MS. PATTERSON: Commissioner, at this time if we could
take a short court reporter break.
CHAIRMAN McDANIEL: Oh, yeah. How's your fingers?
We will be back at -- it just turned 4:52 -- no 4:42, forgive me. Ten
minutes, 4:42.
(A brief recess was had from 4:32 p.m. to 4:42 p.m.)
MS. PATTERSON: Commissioner, you have a live mic.
CHAIRMAN McDANIEL: Here we go. Here comes Trinity
Scott.
Item #11D
CERTIFYING THE EXISTENCE OF A VALID PUBLIC
EMERGENCY FOR SURVEYING, DESIGN, PERMITTING, AND
POST-DESIGN SERVICES REQUIRED FOR THE
December 13, 2022
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CONSTRUCTION OF AN EMERGENCY BERM NECESSARY
FOR PROTECTION OF UPLAND STRUCTURES LEFT
VULNERABLE BY HURRICANE IAN, AND TO APPROVE THE
ISSUANCE OF A STANDARD COUNTY WORK ORDER TO
APTIM ENVIRONMENTAL AND INFRASTRUCTURE, LLC
FOR AN EXPENDITURE OF FUNDS FOR THOSE SERVICES IN
A NOT-TO-EXCEED AMOUNT OF $187,636.25 – MOTION TO
APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER LOCASTRO – APPROVED
MS. PATTERSON: Item 11D is our add-on item, the second
one. This is a recommendation to certify the existence of a valid
public emergency for surveying, design, permitting, and post design
services required for the construction of an emergency berm
necessary for protection of upland structures left vulnerable by
Hurricane Ian, and to approve the issuance of a standard county work
order to APTIM Environmental and Infrastructure, LLC, for an
expenditure of funds for those services in a not-to-exceed amount of
$187,636.25.
This was added at staff's request.
And Ms. Trinity Scott, your Transportation Services department
head, is here to present.
MS. SCOTT: Good afternoon. With me today I have Beth
Johnssen, our Capital Project Planning director, as well as Andy
Miller, our Coastal Zone manager, and Gary McAlpin. I was
checking to see who was still in the audience this late in the
afternoon.
And I also have to thank the County Attorney's Office and the
Clerk's Office for reviewing this item very expeditiously on my
behalf. So I really want to thank our internal partners for working
very well with us.
December 13, 2022
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As we know, Hurricane Ian, we started having impacts on
September 27th, and the hurricane actually made landfall on
September 28th. We had significant damage with regard to our
beaches.
Following the storm, we had an extensive cleanup effort. The
pictures that you see here are pre and post storm with Vanderbilt
Beach. After we finalized that cleanup, we had to wait for the
beaches to equilibrate and settle down, and then we were able to
commence surveys to determine our actual sand loss.
During that survey time period, we had representatives from the
Army Corps of Engineers, the Florida Department of Environmental
Protection, and FEMA on our beaches, all of which expressed
concern due to the heavy dune loss and the vulnerability of our
upland structures from coastal storm flooding.
We received our final survey results just about a week ago, and
based on those survey results, it indicates that we will be eligible for
FEMA Category B emergency berm construction. The deadline to
complete the emergency berm construction is six months from the
date of this storm, so that's the end of March.
So today we are here asking the Board to certify that there's a
valid public emergency based on FEMA's requirement to have the
project complemented within six months of the storm event, the
urgency to provide an emergency berm for the protection of the
upland structures, and insufficient time to prepare and execute a
request for proposal for design and post design service.
By declaring a valid public emergency, it allows the use of the
Coastal Zone Management library contracts and authorize the
issuance of a work order to APTIM.
The county will avoid losing critical time and avoid the loss of
FEMA Category B reimbursement and my opinion, most importantly,
have a berm in place prior to the next tropical season.
December 13, 2022
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So our request today is that the Board declare and certify the
existence of a valid public emergency, waive competition for the
design and post design services pursuant to Florida Statutes and the
Collier County procurement ordinance, and direct staff to expediently
procure and commence the necessary services with APTIM to
construct an emergency berm, and approve the issuance of a work
order to APTIM Environmental for the design, permitting, and post
design construction services not to exceed $187,636.25.
Typically, these projects go to the Coastal Advisory Committee,
then Tourist Development Council for a finding that the expenditure
promotes tourism, and then to the Board. Unfortunately, the
tourists -- we're a little out of order, so we'll go to the Tourist
Development Council at their next meeting, which will be in January,
and we'll get that finding that this expenditure promotes tourism.
CHAIRMAN McDANIEL: And protects the environment and
protects upland structures and --
MS. SCOTT: Exactly.
CHAIRMAN McDANIEL: -- all of the things that are there.
And I think just as a -- as a point -- my colleagues want to speak first.
As usual, I'll let them go first, and if they don't cover it, I will.
Chris Hall -- or Commissioner Hall.
COMMISSIONER HALL: So, Trinity, how far of a distance
are we talking building this berm?
MS. SCOTT: So we will be looking for all the way from
Marco Island all the way to the northern parts of the beaches. And
part of this will also be working with FEMA to determine the specific
areas that are eligible and working with -- if there's an opportunity for
private beaches to be included, we'll be working through that process
over the next couple weeks, and also in coordination -- I'm sorry to
interrupt -- in coordination with the incorporated areas as well.
COMMISSIONER HALL: So we're talking about miles for
December 13, 2022
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$188,000?
MS. SCOTT: Yes.
COMMISSIONER HALL: Okay.
CHAIRMAN McDANIEL: And it's just a study. This is
the -- or the study and the design. It doesn't include the sand.
COMMISSIONER HALL: This isn't the sand?
CHAIRMAN McDANIEL: No. Jiminy Christmas.
COMMISSIONER HALL: I thought it was a good deal.
CHAIRMAN McDANIEL: It is a good deal. This is a good
deal, but it doesn't include the sand.
COMMISSIONER HALL: Oh.
MS. SCOTT: The sand and the hauling of the sand will come
back at a future board meeting. We will be going out to bid for
those items over the next couple weeks as well.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Two quick questions. I
want to make sure I understood. You're going to be bringing this
back to the Tourist Development Council, but we're authorizing you
today to start expending the funds. So you don't have to wait for the
TDC for approval; is that correct?
MS. SCOTT: Correct.
COMMISSIONER SAUNDERS: Okay. I just wanted to
make sure that that was clear on the record.
You've got 187- as a not-to-exceed amount. I guess if more
funds are necessary because of some difficulties, you'll be able to
come back to us without having to interrupt the project if that's the
case? I don't want to -- I don't want you to be in a position where it
turns out it's going to cost $190,000, and the project comes to a
screeching halt because you don't have the authority.
MS. SCOTT: We have the -- we have attached the work order
from APTIM Environmental to the project. That will be sufficient
December 13, 2022
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funds to get us started and back into the swing of Board meetings
again in the next few weeks in January should something crazy occur.
COMMISSIONER SAUNDERS: All right. And one other
question in terms of planning. Have you already located the sand
source and started to negotiate a price for the sand? Because we
know we're going to need sand, so...
MS. SCOTT: We have to use what's, like, beach compliant
sand. It needs to be similar in nature to the existing sand. So, yes,
we have a sand source. We have talked with a sand source that we
have utilized in the past. We will be putting that out -- and they
do -- they have indicated that they do have sufficient capacity. But
we will be putting this out for an invitation to bid over the next few
weeks, and we'll bring that to you with the hauling in the next -- at
your upcoming Board meetings.
COMMISSIONER SAUNDERS: Okay. I just wanted to
make sure that we don't miss that March deadline for FEMA
reimbursement.
MS. SCOTT: We are sprinting.
COMMISSIONER SAUNDERS: Well, we want to sprint with
you, so let us know what you need.
CHAIRMAN McDANIEL: Go forth.
Commissioner Kowal.
COMMISSIONER KOWAL: Yeah. I'll kind of piggyback on
Commissioner Saunders. So we approved up to 187,636.25 today,
and that gets us in that parameter where we're not going to lose that
FEMA funding down the road. As long as we get this portion of it
moving forward, we get the study done and all that stuff done in a
certain time, or is this actually we have to have the job complete with
the sand on site and already in place?
MS. SCOTT: So per FEMA guidelines, we are to be complete
with the project. The berm needs to be in place by the end of March.
December 13, 2022
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COMMISSIONER KOWAL: Okay.
MS. SCOTT: That is why we are moving forward, why we
came to you today so that we could get the emergency -- so we could
get the design done as well as the emergency permitting that's
necessary. Concurrent with that, we're going to be putting out that
bid for the sand and the hauling and bringing that back so that
hopefully by end of January we are out putting sand on those
beaches, which would give us about two months to get this
completed, which will be a very aggressive schedule for us, but we
need to get started.
COMMISSIONER KOWAL: Thank you, Trinity. Thank you.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Trinity, what was -- were
there any areas where sand -- a large amount of sand was
aggressively moved by Hurricane Ian and it just needs to be
re-purposed and moved back or, literally, all the sand just sort of
washed away and we're starting from scratch in every single spot?
MS. SCOTT: We are not starting from scratch in every single
spot; however, the sand needs to be evaluated. We have the sand
stockpiled in areas. Some of it is on the beaches. Some of it is in
private areas. Some of it is in rights-of-way outside off -- you know,
in areas outside of where most folks would see it. So that sands need
to be evaluated and cleaned before it can go back on the beach.
COMMISSIONER LoCASTRO: That's what I thought, yeah,
okay. So in some cases it's cheaper and faster to acquire the sand,
and then some of the sand that maybe doesn't make the cut just needs
to be moved or re-purposed elsewhere?
MS. SCOTT: And I will also say, this is for an emergency
berm. This is not a nourishment project, which will also be coming
forth in the future as well that we're working with our federal and
state partners as far as what we may qualify for for additional sand.
December 13, 2022
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But this is just to get that emergency berm in place prior to hurricane
season.
COMMISSIONER LoCASTRO: Thank you.
CHAIRMAN McDANIEL: And my comment/question is what
about -- we've been talking about turtles a lot. How does this
coincide with the sea turtles?
MS. SCOTT: So I need to be 100 percent complete by May 1st
before sea turtle nesting.
CHAIRMAN McDANIEL: So it accomplishes that.
So with that, I'll make a motion for approval.
COMMISSIONER LoCASTRO: Second.
COMMISSIONER HALL: Second.
CHAIRMAN McDANIEL: Seconded and thirded. It's been
moved and approved that we go forth with this as recommended by
staff. Is there any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. SCOTT: Thank you.
CHAIRMAN McDANIEL: And wait till you see the sand bill.
Item #14B1
A PROJECT UPDATE TO THE BAYSHORE DRIVE
December 13, 2022
Page 217
REDEVELOPMENT PROJECT CURRENTLY UNDER DESIGN
WITH STANTEC CONSULTING SERVICES INC., FOR THE
PEDESTRIAN CONNECTION FROM BAYSHORE DRIVE TO
SUGDEN REGIONAL PARK – CONSENSUS
MS. PATTERSON: Commissioners, Item 14B1 is a
recommendation to accept a project update to the Bayshore Drive
redevelopment project currently under design with Stantec
Consulting Services, Inc., for the pedestrian connection from
Bayshore Drive to Sugden Regional Park.
Ms. Deborah Forester, your CRA director, is here to present or
answer questions.
MS. FORESTER: Good afternoon, Commissioners. Deborah
Forester, Community Redevelopment Agency director.
This afternoon we would like to provide you the update on a
project that has been a top priority for the community for many years.
As you heard today in our award presentation, Bayshore Drive has
evolved over the last 20 years, and it has now become a destination
for people both within that community and outside the community.
Moving forward on this project will allow us to further the
redevelopment plan goals, which is to create and promote quality of
life, economic vitality with the mixed income, urban and multi-modal
community, creating a unique destination.
The CRA advisory board has been involved with this design
process. They've reviewed the plans in August and then again in
December 2nd. They are unanimously supportive of moving
forward with the concept plan.
If you don't have any direct questions for me, I would like to
turn it over to Kevin Mangan, who is with Stantec, and he will go
through the design in a short, brief presentation for you today.
December 13, 2022
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MR. MANGAN: Good afternoon. Thank you for having me
here.
And the Bayshore Drive redevelopment project right now in
terms of where we stand is about 60 percent complete, and this is a
60 percent presentation similar to what was given to the advisory
board last week. We'll be turning over our documents to the CRA
within the week to mark that 60 percent completion.
The aerial image on the cover slide here really does a good job
of conveying what we are doing. The Bayshore Drive is to the
bottom. Sugden Park to the top. The lake and property along
Bayshore Drive, that's an outparcel. That does not belong to the
county. It's private property. But we have the properties that
surround that extending all the way to Sugden Park. That happens to
be the top of the slide and to the east.
So in 2012, there was a PUD put together, and this is the zoning
that really allows for this public way and this public connection
between Bayshore Drive and Sugden Park. Bayshore Drive here is
on the left -- it's a little hard to see -- and Sugden Park off to the right.
And so this is the -- this is the zoning document that allows for this to
be built.
Secondarily, as Deborah has mentioned, 2017, I believe it was,
the community had certainly voted and gathered their input and said
this is one of the key elements that we need. We need access from
Bayshore to Sugden, and so that's what this project really is all about.
Early on, we sat down and we said, well, what is the experience
people are going to have? I mean, we can build a walkway and we
can connect the dots, but what's the experience here?
Well, with the success that's happened along Bayshore Drive
and really the first third of this, which is a large two-and-a-half acre
parcel of open land, there's a number of things that want to happen
there. One, we want to be able to preserve land for future
December 13, 2022
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opportunities and, secondly, begin that movement from Bayshore to
Sugden.
So we dubbed that little bubble "cultural." The central bubble
where we'll be going through much of the more naturalized lands,
although invasive species that we will need to clean up, we sort of
said that that ought to be a natural experience.
And then the third experience really is the one where you land
into Sugden Park and thinking more of that as coming into that
recreational facility and aspect.
So, conceptually, as we talk about this project, we see that as not
just a connection but creating these experiences as you go through.
Right now this is where the plan stands. And, again, Bayshore Drive
on the left of the slide. The first length, that first third, is really part
of a promenade. It's a hard surface at grade, and you notice that
most of the green space to the north has been preserved for future
use, future communities.
That promenade will bring you, basically, into what is the more
naturalized areas of this boardwalk. And you see that that then stays
green. It has the associated lakes with it, and we create that
experience through there.
We looked -- we've looked at two things. The direct
connection, which we were referring to, is Phase 1. That's really
what we are focused on today. Once we leave that promenade, we're
going to have an opportunity for, really, two types of experiences.
One at a boardwalk level. Generally the boardwalks are in areas
where we are associated with lake edges or wetlands. And then also
there is some upland area in there as well where we'll come back
down to the ground, and we will be on a pavement type system.
And we do this and create these experiences, create these points to
stop, overlook the lay of the land, and eventually make ourselves to
Sugden Park.
December 13, 2022
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Phase 1A, I should note, is an area we took a look at. It's a
future piece of work, but it's actually a piece of upland, again, in the
master plan that's -- or PUD plan that's indicated to have this type of
facility on it.
Here we've proposed perhaps the future allows not just for
walking at ground level, but actually get up in the canopies and really
do a canopy tour, another elevated type of a boardwalk and a
different experience.
This is really sort of a good example of where we have upland,
land area that the county owns that is not wet and/or lake bodies.
The area in green is our upland areas where we really have the
opportunity to build on the ground. The balance of that -- and you
can see -- hopefully you can make out where some of these
boardwalks occur -- occur over either the blue areas, which are
wetland, or lake edges. That helps us, through survey and being on a
property, sort of determine what level of land we want to be on, and it
also is a cost driver. Admittedly, to build a boardwalk is going to
cost more than building on the ground, something that we're paying
attention to going through now.
One of the other elements -- and this is not necessarily unique,
but when we remove the exotic vegetation, we will have some
revegetation work to do. We're looking at this exercise as one that
really allows us to put in different vegetated areas and actually create
habitat that doesn't necessarily exist now. One of the partners in this
exercise is the Botanical Garden. So I've met with them on a
number of occasions now both on property and their facilities, and
we're beginning to develop a more detailed plan that will help us
revegetate as well as create habitat space that doesn't currently exist.
A couple of the details I just wanted to share with you about the
boardwalks and the promenades. One other thing in the hardscape
surfaces. We're looking at a concrete paver base but we thought,
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you know, if we're going to go play to natural shapes and do some of
these other things that we've purported to do conceptually early on is
we ought to be able to find some fun that really adds to the aesthetic
of the property and the boardwalk. We ought to find some fun in the
way we put pavers down.
So the image on the left is a plan view of how we would pattern
those concrete pavers, and really what we do, and we're taking as
inspiration, is, you know, just the layering of the oakleaf, if you will,
in that one image. It just is a way to play with pattern. The
cross-section of that first third and the promenade is on the right.
We'll have benches, we'll have lighting, trash cans, bike racks, these
sorts of things, to create that boardwalk space and, again, enhance
that experience.
The boardwalk itself and the retained edges, wet edges, we're
looking at generally a wooden boardwalk, wooden and/or concrete
piers below. Generally, for the most part, engineered woods and
finishes for longevity, no doubt.
And we're looking at a couple of different ways we may treat
handrails in this case. One, if we're in an area where we've stopped,
we're at an overlook, perhaps we use more of a wired fence mesh
which is shown in the middle image. The top image with the picket,
perhaps that's the boardwalk that is simply being traversed. So
there's different ways, again, to play to the experience across this
boardwalk system.
And one of the things we -- we're hopeful to do if and when and
where we have retained systems, rather than pouring in concrete, we
use the gabions, which is a mesh-filled basket with rock. It allows
plant material to grow in it when you're on an upland side, and if
you're on a water's edge, it actually creates a small habitat area for
fish and wildlife.
So, again, while we've -- we sort of try to continue this aesthetic,
December 13, 2022
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and we speak into the nature, create habitat, it's really sort of this
holistic effort that's being made in the boardwalk system.
As I said, I think we'll -- this project will come with furnishings,
the trash can and the bench on the right. Actually, it's a fun name.
They're already called lakeside, but just, you know, grass sort of
shapes and all to them. Lighting and security will also be important.
We've had conversations about security that would close the system
down at night both on the park side and also the Bayshore side so that
the boardwalk is secure. And that's something that we have more
work to do with the county to understand the county systems, but
that's key to, if you will, what we would call site furnishings and
management of this site.
Just a quick list of things that, in recent times, we've done.
We've had our DEP pre-application meeting mid November. As
Deborah said, we've met with the CRA Advisory Board. Just last
week, South Florida Water Management pre-application meeting, so
DEP and South Florida Water Management, two entities that we'll be
making permit applications to. We're here today meeting with
you-all. And starting next year, we will be with Growth
Management again with our own site development permitting, we'll
have neighborhood update meetings, be back again in front of the
CRA board and the advisory board with generally a March time
frame to package this and go to bid.
So with that, I just want to thank you for your time and certainly
answer any questions you've seen in design here or summary of this
package.
CHAIRMAN McDANIEL: Put the picture back up of the
60 percent design; put that picture back up for me, please.
MR. MANGAN: This one?
CHAIRMAN McDANIEL: Yes.
MR. MANGAN: Yes.
December 13, 2022
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CHAIRMAN McDANIEL: No one else is lit up here. I don't
want to do Phase 1A until a later date.
MR. MANGAN: I understand. And while we've looked at it
in a broader thinking, I think it falls outside the budget. So it would
not come forward beyond this period of time.
CHAIRMAN McDANIEL: Number 2, was conversation given
to -- and I'm really, really happy that we're partnering with the
Garden. I mean, I've met with those folks, and they're really excited
about it as well. But was consideration given to a straight-across
path for the boardwalk along the south side of the property, that
straight shot that goes right straight over? That would be the least
expensive, and it would also be the least intrusive for any future uses
for the site.
MR. MANGAN: We did look at that, and two or three
thoughts that came out of that, and in no particular order here. One,
that's actually an active right-of-way, Kelly Court. And so,
therefore, putting that boardwalk down through Kelly Court and
extending then into Sugden Park, a concern was that it was contrary
to the PUD master plan where Kelly Court is actually a road access
point into that southern middle third, if you will.
Secondly, one of the things we like about -- I'll call it this
midpoint rather than the southern edge. In the midpoint, what we
are able to do there, we're able to provide more experience, if you
will, a variety of experience, but we're also able to balance the
location of that boardwalk and its system between Jeepers Road on
the south, the community to the south, and the community to the
north. It's not an exact 50/50 split, but it's pretty close. And so part
of that thinking was that's a -- that's also a good balance for
separation, if you will, privacy or otherwise, to those backyards and
to those two neighborhoods.
And so we did think of it, and those were just some of the more
December 13, 2022
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global conversations that we had to bring us to this point.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Do you have any idea when
this construction project would actually get started and finished?
MR. MANGAN: Yeah, do you want to answer?
MS. FORESTER: Sure, certainly.
So, Commissioner, we would hope that once we finalize the
design in March, we would put it out for bid. Hopefully, by May
we'll be able to come back to you. We do have $2,250,000 in a
budget for this particular project. So we would like to move
forward. The community is very interested in making this a priority
and to complete it as soon as possible.
COMMISSIONER SAUNDERS: Great. Is there -- are there
arrangements for parking at the street end so people can park and
then walk across the boardwalk; is that the plan? And if so, how big
a parking lot would be, and where would that be?
MS. FORESTER: We don't have any parking tied to this phase
of the project. This was strictly a pedestrian pathway. One idea is,
of course, they would -- some people will be parking on Sugden's
property and then coming over to Bayshore.
For the people in the community of Bayshore, a lot of them are
very interested in being able to bike and walk and take their dogs
across to the property themselves.
We also do have our CRA parking lot that's down at the corner
of Coco. It's a little bit of a walk, but you could park there. One
day the CRA has talked about having a shuttle that will run up and
down Bayshore to move people. We also have Del's property on the
corner of Thomasson and Bayshore, and we hope to bring that back
to you soon as another option for parking.
COMMISSIONER SAUNDERS: How far away is Del's
Corner from --
December 13, 2022
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MS. FORESTER: From this piece of property, maybe a half a
mile.
COMMISSIONER KOWAL: That's closer than Coco.
MS. FORESTER: Yes, you've walked that.
COMMISSIONER SAUNDERS: Well, the only reason I ask
is, you know, if I want to go out there and walk on the boardwalk in
May or June, whenever it's finished, it would be very difficult for
somebody outside of that immediate area to utilize that. And so I
was just wondering if there's any plan at all to have this a facility that
the general community could use.
MS. FORESTER: And I think that certainly could be Phase 2.
As you note, that we have two upland areas, the 2.2-acre lawn that
we're calling it where the community can have a festival, and then the
other piece off of Kelly Court there could also be developed for some
other use.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Yeah, I mean, it's a really
good point on parking. You know, we've got some areas we've
developed where there's minimal to no parking, and then what
happens is people find parking. And so you look at this aerial here,
and you've got houses close by and other things. What I'd hate to
hear is that we invested millions into this beautiful boardwalk, and
we've got people here in yellow shirts saying no to the boardwalk
and, you know, you've just turned my neighborhood into a parking lot
for people who want to enjoy it.
So I know it's at the 60 percent phase, so we're not voting on
doing it. But alls I would say is, you know, don't discount that,
because I can give you five examples right now of where people go
to enjoy something and they park all over lawns and places. You
know, Isles of Capri is a perfect example. When they all want to go
December 13, 2022
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to the Capri Fish House and there's not enough parking in the middle
of season, they find it. And then, you know, we hear a lot of those
complaints.
And that's a little bit of a different example than this. But, you
know, you build something -- if you build it, they will come. And
saying, you know, oh, that's maybe what we would do in the second
phase, I don't think the neighbors around this area would love hearing
that.
So it's just the thought, because this would be a nice, like you
said, pedestrian walkway, but there will be people who come from
further-out areas that want to walk this beautiful pedestrian walkway,
and they're going to put their cars somewhere.
MS. FORESTER: And we can certainly look at this and bring
that back to you.
COMMISSIONER LoCASTRO: And I'm not suggesting a
gigantic parking lot somewhere, but, you know, somebody smart on
the design really needs to not discount that.
MS. FORESTER: Thank you. Any other questions?
CHAIRMAN McDANIEL: What -- between the middle path
and the south path, what's the cost difference?
MS. FORESTER: I don't know if we've looked at the cost
difference. I think one of the reasons, like Kevin had mentioned
earlier, is keeping Kelly Court open would allow us to utilize that
second upland property, which is probably about four acres, for
future development or for future construction area.
CHAIRMAN McDANIEL: Right.
MS. FORESTER: I don't think we have a price, because we
have been focusing on this selection.
CHAIRMAN McDANIEL: It just -- in my oversimplified
viewpoint, a straight path across the southerly end, it may have some
issues with the neighbors to the south, but it would be -- it wouldn't
December 13, 2022
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preclude the utilization of the road if there was a -- I think they call
it -- you call it Kelly Court. It wouldn't preclude that as a portion of
the access point if in some -- if some day it got turned into a road to
be able to access that middle portion there for something to be
developed.
So I'm just -- I'm concerned that we're doing something that's
going to force us to have to make other decisions at a later date that
aren't necessarily as prudent as considering all of the alternatives.
Did that come out okay?
MS. FORESTER: I'm going to see.
Kevin, did we look at that at all in your earlier assessments?
MR. MANGAN: Again, we had looked at that, and we actually
felt it was going to inhibit getting into the larger 3- to 4-acre piece.
Again, the width of the boardwalk, I don't recall Kelly -- I think Kelly
Court's only 30 feet wide. I mean, it's not -- there's not a lot of width
there.
And so -- well, one of the positive things that exists at Kelly
Court where it meets Bayshore today is a curb cut. There's a drop
there.
And so, you know, as we were talking about parking, the first
thought is, why don't we just build a little access road and, you know,
parking lot off of Kelly Court. It's one of the things I see just in, you
know, listening to the comment and seeing the image.
But I think where we're constrained on Kelly Court is to put a
boardwalk promenade width plus 24 feet of drive, which would be
our minimum requirement, all of that in the confined space that Kelly
Court is.
That's the challenge, I think, is -- and, you know, part of that
challenge is crystal ball, right? I mean, it's hard to say what's going
to happen in the two acres of lawn area to the northwest or what may
happen, you know, here down in the southern half, too.
December 13, 2022
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So what we feel we've done is provided the most flexibility into
this plan rather than committing Kelly Court simply to the pedestrian
way. It's really that simple. And, conceptually, a cost could be put
together, and we could balance that.
CHAIRMAN McDANIEL: It was a thought. I mean, if I
heard correctly, there's a budget here of two and a half million dollars
for this boardwalk.
MS. FORESTER: Yes, 2.2.
CHAIRMAN McDANIEL: Right. Since we acquired this
piece of property, since the piece of property was acquired, the goal
has been to build a boardwalk out of this property over into Sugden.
And so I would think that it would be prudent for us to have that cost
comparison between the two locations and give consideration to the
folks down on Jeepers with regard to privacy and so on and so forth.
It looks like there's a sufficient buffer there, but it's difficult to say.
MS. FORESTER: And, actually, one of our scheduled
upcoming meetings will be a neighborhood meeting. I will say some
of those folks along Jeepers have sort of extended into our property
for a lakefront backyard. So I think working with them, they will
also, I think -- once we remove the exotics, there'll be a different
view for that neighborhood. So I think privacy, any buffering that
we would have to put in for that pathway, would be something that
they would probably really want to see.
CHAIRMAN McDANIEL: Commissioner Kowal.
COMMISSIONER KOWAL: I'm looking at the pictures
everybody else is looking at, and everybody keeps referring to Kelly
Court. I don't see it on there. I'm not familiar with it. So I would
like to at least know what the other commissioners are referring to as
the southern.
MR. MANGAN: Kelly Court, if you can see the cursor here, is
this piece here. There's -- like I said, the curb cut exists here, and it
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would come down here, and it provides access into this parcel of
land.
COMMISSIONER KOWAL: Okay. So we don't -- we don't
actually own the part just west of that body of water next to
Bayshore?
MR. MANGAN: This is an outparcel, correct. The body of
water --
COMMISSIONER KOWAL: So we have a little slither of that
little bit of vegetation just south of that property, is that what you're
saying, and the other part's a utility right-of-way?
MR. MANGAN: That's right. In fact, Kelly
Court -- historically, Bayshore Drive was Kelly Drive [sic]. Kelly
Court's kept its name.
COMMISSIONER KOWAL: Yeah.
MR. MANGAN: And it's simply that, correct, an access, then,
to the east, in the upland areas to the east.
COMMISSIONER KOWAL: And the maintained grassy area
through there is pretty much a utility right-of-way?
MR. MANGAN: No. Most of your -- most of your utilities
and easements are going to be out here on Bayshore Drive. And so
this is -- two things: This is an open area of land. It is two parcels
of land; half of it to the west, half of it to the east.
COMMISSIONER KOWAL: So eventually we could do
something with that?
MR. MANGAN: But this affords around two-plus acres of
land. And we've taken the southern 50 feet, roughly, to do our
surface and water management and the other things with the --
COMMISSIONER KOWAL: I guess I'm just thinking out in
the future, then. If we have this parcel up in the northwest corner,
that's accessible to us as a county to do something in the future.
MR. MANGAN: Absolutely.
December 13, 2022
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COMMISSIONER KOWAL: So if we put the boardwalk all
the way south, then we only have about 30-foot of easement between
this unknown part that's maintained, which to me would seem to be
some sort of --
MS. PATTERSON: It's our right-of-way.
COMMISSIONER KOWAL: That's the right-of-way, yes.
MS. PATTERSON: And then that big square right there is
ours.
COMMISSIONER KOWAL: That's ours.
MR. MANGAN: One of the things we like to --
COMMISSIONER KOWAL: We would almost have to move
the entrance to the walkway at some point if we do have a parking lot
and facilities on the other part where people can use, if we put it in
the south.
MR. MANGAN: Potentially. I think one of the things we
saw, too, in this middle, is that you're able to hang sort of like a
necklace, right. If this is the necklace, this is the one --
COMMISSIONER KOWAL: Let me just simplify it. I guess
what I'm saying -- if we say, all right, it's a few thousand dollars
cheaper to go all the way along that land mass in the south and have
one bridge over here, but then eventually when we develop that
parcel up in the northwest corner, they have no access to the
boardwalk from that parcel.
MR. MANGAN: You would -- you're right. You'd have to --
(Simultaneous crosstalk.)
COMMISSIONER KOWAL: So then we'd have to add more
money just to connect it in the future. So which one are we really
saving money on? I guess that's my question, and that's for us to
figure out.
CHAIRMAN McDANIEL: And without that cost comparison
for what that expense associated -- because if we utilize that
December 13, 2022
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northwest corner as a parking lot, they'd have to walk down the
sidewalk to get to Kelly Court to be able to cut -- to be able to walk
over to Sugden. That was what I was thinking as far as a cost
comparison goes.
MS. FORESTER: Would you like us to look at those two
options and come back at a later date so you can decide if we want to
move forward with one or the other or go forward with the design
that we have today that has been vetted by the advisory board? They
do support this design. I think, again, the two parcels that we would
have available, not just the 2.2 that are up here on the lawn, but
eventually this other parcel would also be available.
And the community had looked at -- you know, years ago there
was always the thought of putting some other type of attraction there
such as an art kind of community center. Also just leaving it as
public open space.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: I like the location where you
have it right now. It seems like if you put it along -- what was the
name of that road?
MS. FORESTER: Kelly Court.
COMMISSIONER SAUNDERS: Kelly Court, if you put it
along there, it just -- it seems like there would be all kinds of
problems with access on our bigger parcel, and you'd have to have
some kind of a bridge over the road or you'd have pedestrians and
traffic interacting.
So I think that where you have it is really the best location, and
that parcel that is -- yes, that parcel there, you could probably create a
little bit of temporary parking there once the boardwalk is open. So
I think that's -- I don't have any problem looking at the other location
in terms of a price comparison, but I don't see any advantage in
moving it there. I think this is the right location.
December 13, 2022
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CHAIRMAN McDANIEL: My only thought, just so you know
what I was thinking, was that it's a right-of-way that we have already,
and we should at least have a cost -- I would like to see a cost
comparison between the proposed path and that path. I would like to
see what that -- what the comparison between those two is.
Still go forward with this design and this project, but have -- at
least have that comparison for us to have a look at to make a
determination ultimately.
MS. PATTERSON: Commissioners, we could take a look at
what it would look like to put the boardwalk down there but,
secondly, is, if there's linear options, a little bit of parking and
perhaps an ability to just have a linear line, like, for bikes and things
down that. Maybe not now, but eventually, so you would have the
benefit, potentially, of the pathway or the boardwalk, and potentially
a linear connection as well, and maybe that could be utilized as some
temporary parking, give us some options so they could proceed
forward down this design. But we'll look at those -- a couple of
those options that maybe give us some other flexibility.
CHAIRMAN McDANIEL: Commissioner Kowal.
COMMISSIONER KOWAL: I just want to say that the price
of concrete's going through the roof. So a highland concrete walk
path might be twice as much as our wooden bridges over there, so
just saying.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER KOWAL: So --
CHAIRMAN McDANIEL: Agreed.
COMMISSIONER KOWAL: But I'm open to hear about stuff.
MS. FORESTER: Okay. We will follow the County
Manager's lead and bring back two options for you, and we'll move
forward on the 60 percent.
All right. Thank you so much.
December 13, 2022
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CHAIRMAN McDANIEL: Do you need a vote on that, or
you --
MS. FORESTER: I don't think so.
CHAIRMAN McDANIEL: Just to accept it.
MS. FORESTER: Okay, thank you. Have a great holiday.
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: Commissioners, that brings us to Item 15.
This is staff and general commission communications. We'll be
starting with 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.
MR. MILLER: We have three such registered speakers.
Cathy Novy. Am I saying it right, Novy?
MS. NOVY: Novy.
MR. MILLER: Novy.
MS. NOVY: And I thought he was going to say something
intelligent.
MR. MILLER: And she will be followed by Harrison
Hubschman.
MS. NOVY: Okay. After four and a half hours, I don't know
what my name is. But some we were going to comment on Earth
Tech of what they're doing with the Taormina situation, the city
dump as we call it.
December 13, 2022
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It's been relatively quiet. We have some debris on our lanais
but not as much as we have had before, but we need to expedite the
process. This was the report card meeting, I believe, Commissioner
LoCastro, and we need to speed it up. And we don't want this going
until May. So I don't know if they can bring in additional
machinery. I thought he was going to go first, so I would have
commented on what he said. But we're pleasantly happy. I have
the HOA president here with me, Mr. Goray (phonetic), and we're
pleasantly happy with what's going on, but let's get the show on the
road, all right.
And just one comment for Commissioner LoCastro. I have to
say you have been very supportive, unlike other commissioners in the
past, and you have been very proactive, and the community
appreciates that.
COMMISSIONER LoCASTRO: Thank you.
MS. NOVY: You're welcome. Thank you.
MR. MILLER: Your next speaker is Harrison Hubschman, and
he'll be followed by -- I'm going to guess. Is this Chuck Scheck?
MR. HUBSCHMAN: Chris.
MR. GEHRING: Chris Gehring.
MR. HUBSCHMAN: Chris Gehring.
CHAIRMAN McDANIEL: Mr. Gehring.
MR. HUBSCHMAN: With Earth Tech.
MR. GEHRING: With Earth Tech.
MR. MILLER: Oh, that says -- okay. Chris. Okay, thank
you.
MR. HUBSCHMAN: Merry Christmas, Commissioners. And
I'm Harrison Hubschman with Highland Properties, and I'm here to
give you, basically, a report on how things have been going at the
site. We, to date, have -- as of Friday, we've crushed 13,199 cubic
yards of material in a 25-day working period. In other words, 25
December 13, 2022
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actual working day. That's approximately an average of 2,640 cubic
yards per week, and we're still waiting for a second machine possibly
to be moved in. Chris is here to talk about that.
We had one breakdown that cost us two days that we couldn't
work. We had another day for the hurricane that we couldn't work,
plus we had Thanksgiving, which we're not supposed to work. And
as far as I know -- I didn't know she had any debris on her lanai,
because I didn't -- I'm sorry.
MS. NOVY: Cathy.
MR. HUBSCHMAN: Cathy. I didn't know she had any debris
on her lanai because I didn't think we were close to anybody's homes.
But Jaime Cook has told me that she has no -- zero complaints
from anyone as far as noise or dust or anything. If you do have
some, we'll clean it up.
MS. NOVY: It's minimal. That's what I said, it's minimal.
MR. HUBSCHMAN: Okay. We'll be happy to clean it up.
And, basically, we ask for the chance to show you what we can
do. We're in compliance with South Florida, we're in compliance
with Code Enforcement and the county. We have no -- and have no
complaints from anyone except for this one small complaint. And
we want to continue. We want to move ahead as quickly as possible.
We were asking for a -- you wanted to put a deadline on this,
and, you know, we were saying May -- the end of May is when we
would be, you know, very confident that we would have it finished.
Chris, do you want to come up?
MR. GEHRING: Sure.
MR. HUBSCHMAN: Let Chris talk about the possibility of a
second machine coming in which will cut that date back quite a bit,
obviously.
CHAIRMAN McDANIEL: Sure.
MR. HUBSCHMAN: So I'll let him speak.
December 13, 2022
Page 236
MR. GEHRING: Hi. Chris Gehring with Earth Tech
Enterprises. We were engaged to clean up the concrete rubble on
this project.
We've been there a little over a month, and we're making good
progress. There's -- you know, we've taken precautions for dust,
noise. You know, I think we've done a pretty good job
without -- without having any complaints up to this point.
The real struggle here is this material didn't come in overnight.
It's not going to be processed overnight. It has to be -- we have to,
basically, process it prior to putting it into the crusher and getting our
final product.
So there's more -- there's just more moving parts than just
coming in there and just throwing more machines at it. It's got to be
the right machines with the right people. We don't want to -- we
don't want to cause more problems with the neighbors.
And so we're looking at -- you know, we're aggressively trying
to get more equipment. We've been a little bit overrun since the
hurricane at our other crushing operations. We're getting a lot of,
you know, concrete and debris in there, so we haven't been able to
finish up with machines at other locations to get them there. But it's
not so much about getting a crusher there as it is about the support
equipment for the crusher to process this material. So I would say
we're hoping that, you know, by the beginning of January, no later
than mid January we would have a couple more machines in there
that will be processing this so we can get more crushed at this point.
CHAIRMAN McDANIEL: Commissioner LoCastro, do you
have a question for them or a comment?
COMMISSIONER LoCASTRO: No, just comment, but I don't
want to interrupt you unless you're finished.
MR. GEHRING: I'm good. I can answer anything you need,
or try.
December 13, 2022
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COMMISSIONER LoCASTRO: And I know that Jaime Cook
wants to talk, so maybe if we hear her presentation first, but I think
you guys covered a chunk of what I wanted to hear.
But, Ms. Cook, I'll hold my comments till you're finished.
MS. COOK: Okay. Jaime Cook, director of Development
Review.
Commissioner LoCastro, at the November 8th meeting, had
asked us to come back at this meeting and provide an update as to
how the operation was going.
As Mr. Hubschman said, they've crushed approximately
13,000 cubic yards of material since they started at the end of
October. There was some days, as they mentioned, that -- some
weeks that had less crushing occur. Hurricane Nicole and the
uncertainty of that path, the Thanksgiving holidays, and they did a
couple days with the mechanical failure.
Other than that, they have met all of the stipulations that we've
placed on them, including the hours of operation, the days of the
week that they could be crushing, water's being maintained on the
crusher during operations. Site maintenance has been upheld.
So we have not -- I have not received any complaints of the
work that's been done so far during the operations. I've had staff
continually visiting the site just to check on the operations. And
although it is slow, we are making progress, so we are happy with
what's occurred thus far.
CHAIRMAN McDANIEL: Commissioner LoCastro.
COMMISSIONER LoCASTRO: Thank you.
I, too, have heard positive comments. I've gotten emails from
citizens who've said -- to include Ms. Novy, but other people as well
that said, you know, you promised to do it better, faster, cheaper,
smarter, and you have, and even your comment to her saying, hey, if
your patio's dirty, we'll clean it up. We weren't hearing that, you
December 13, 2022
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know, in the past.
But a few other comments. Please continue to maintain the
weeds and the silt fence. In the past couple of windstorms, that silt
fence would fall down. It's not our job to tell you we see it on the
ground. You're there every day. And the same thing with sort of
the weeds. It's a very visible area.
Here's the bulk of my comments. We missed a few days
because of the holidays. Totally understood. We're about to miss
some more. We've got Christmas. We've got New Year's. And
every day -- think of every day as, like, a month. And the one thing
I would say to you, sir, is I can definitely appreciate that, due to the
hurricane, you have other business and other things, you know, that
have come up, and you have crushers spread out in other places
because of damage. Okay. This is an old project. So, to me, this
is the most important thing right now on your plate. And I say this
sort of sarcastically, but not really. In the history of the universe,
this is the biggest thing you have right now. New business is new
business. This is old, unfinished business.
So if there's crushers being sent to, you know, Port Royal or,
you know, other places, I realize that that's a priority, but this has
been a property that's been neglected. So to us here this thing is
already way past due. And so, you know -- and I'm not hearing you
say, hey, we'll get to it when we get to it. I don't want to put words
in your mouth, but the priority is to get equipment there. To hear
that possibly we could get some new equipment in January, that to
me sounds like, wow, I'm disappointed, you know, to hear that. And
I'm sure there's other factors. And I would appreciate your comment
after I sort of go through, you know, a couple of things.
One of the things I mentioned with Ms. Cook is trying -- we've
met at great length, and this isn't directive but just to try to
brainstorm. How can we -- how can we condense the timeline?
December 13, 2022
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And there's several ways to condense it. More of the right
equipment and more of the right people, and I would hope that we
could aggressively do that.
One thing that I've said from day one is while you're crushing
rock, if there's giant boulders that are on the property right now that
are going to take a long time to crush because they're larger than the
rest, maybe while you're crushing the medium and small things, you
do bring a few trucks in and remove some bigger boulders, and you
bring them to another site or you bring them to a landfill somewhere,
and we're burning the candle at both ends. I'm not saying that that's
an approved solution, but I'm just trying to think of things and then
want to hear why that's impossible.
You know, right now you're working from 8:00 to 5:00 Monday
through Friday. One of the things that we talked about, and it's
something to just spitball up here, is maybe increase those hours,
maybe increase Saturday crushing.
I think the citizens -- you just heard from Ms. Novy who
represents the community -- they want it done as quickly as possible.
And if you've been doing it faster, quieter, less dusty, you know, I
think -- you know, right now you're doing it in daylight hours, so I
don't know giving you a few minutes here on either side is going to
be a big deal, but I thought, you know, at least possible consideration
of Saturday crushing, to hear your comment back of, wow, if you
gave us an extra day, if we had one extra day every week, that could
shave off six or eight weeks of crushing.
If we remove some of the big, giant boulders, which are going to
take the longest time to crush, while we're crushing things that are
more crushable, that would shorten the time. And also, if we bring
out the right equipment and the right people, do all of that, and we
might be sitting here talking about something much, much sooner
than May. I'd love to hear your comment on that.
December 13, 2022
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And, you know, my concluding thought is, I don't want to give a
timeline of May or March. You know, my recommendation would
be -- and this sits, you know, smack dab in my district. My
recommendation would be, our next meeting is June -- is
January 10th. I would love to hear the next report card at that
meeting. And as I said from day one, I'd like to take smaller bites of
this apple but aggressive bites -- and you have been doing that -- and
make an assessment on January 10th of -- because one of the things
that did concern me is if you look at the cubic yards you've removed,
the first week you guys attacked that lot was the most you removed.
It was, like, over 3,000 cubic yards, and then it was 2,500, and then it
was 2,200. Some of that was missed days, weather, broken
equipment. So, you know, we got that answer. It wasn't an
apples-to-apples type thing.
But the reality is we sort of went backwards for various things,
which could continue to pop up again. We have holidays, equipment
breaks. And so I think all the things I mentioned of would you
consider crushing on Saturday, and do we think that's a smart idea?
Can we get equipment there, you know, much faster? The right
equipment and the right people there much faster? And is there
material on the lot that is much larger than the bulk of what's there
and actually removing that so it doesn't need to be crushed, would be
one of the many different things we could do that, together, would
condense this timeline. I'm curious to hear your comments on all
that.
MR. GEHRING: Okay. Well, since I didn't write them all
down, I'll do my best.
COMMISSIONER LoCASTRO: Okay. Well, let's just talk
machinery.
MR. GEHRING: So Saturday, we'd love to crush on Saturday.
That would be great. The guys like to get the hours. You know,
December 13, 2022
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obviously, do the math. It picks you up almost one week a month,
so over --
COMMISSIONER LoCASTRO: Well, that's what we kind of
thought, yeah.
MR. GEHRING: Yeah. So if we get the approval for
Saturday instead of -- we'd be glad to.
COMMISSIONER LoCASTRO: And it might be smarter
hours. Maybe -- you know, right now you're crushing at 8:00 a.m.
Maybe a Saturday 9:00 a.m. start or something. I don't know. But,
you know, that's semantics.
So one thing was the days, and we're not saying yes to that now.
I mean, I'm just -- I want to just see what the options are.
So B would be equipment and the right people. Really?
Really, we have to go deep into January before you can add
equipment?
MR. GEHRING: So the equipment -- the crusher can actually
crush more than we're doing. So to bring your point, the first week
we crushed a little bit more because that material was small, almost
already processed, minimal processing.
COMMISSIONER LoCASTRO: That's why I want you to
remove the big stuff.
MR. GEHRING: Well, we're getting to that, but -- so,
technically, it would almost all be big at this point. There's nothing
now that's so much bigger that it's slowing us down, but we actually
brought in another densifier that helps to prepare that material to go
into the crusher, and that's what I'm working on now is getting
another densifier, a third one there. And -- you know, and it's not
like you just call the rental store, and they have this type. This is
more specialized --
COMMISSIONER LoCASTRO: Yeah, but you said you have
these pieces of equipment on other -- on other --
December 13, 2022
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MR. GEHRING: I have these at other facilities that are taking
in -- we'd be having another conversation if all our facilities were
shut down and nobody had places to dump concrete and remove them
from other things. So it's not about the crusher. It's more about the
equipment to process it.
So I'm working on getting another densifier there, and we
actually bought one to go on this -- on our second one, so -- and the
lead time on that, you know, is -- they're about six weeks and, you
know, I placed that order a few weeks ago.
So once I get it -- you know, and I just don't want to -- I don't
want to over, you know, promise and under-deliver and somebody
doesn't deliver me the part that I need to get on the machine. I have
the machines. We just need to get the attachments to them. So
that -- and that will help speed things up. Then we'll be back up to
what that crusher could ultimately put out in a day.
COMMISSIONER LoCASTRO: Do you think bringing in any
equipment -- because it's much less complicated equipment -- to
remove some rock, whether it's big, medium, small, or whatever, but
to start to reduce the inventory of the rock. So you're crushing as
fast as you can, but maybe you're bringing in a certain amount of
trucks, certainly not some big, huge, gigantic convoy, but removing
something to save us a month of crushing, you know, every single
rock that's on that property. Is that -- do you think -- is that feasible
at all?
MR. GEHRING: I don't think it's feasible. I mean, from a
cost perspective, it's not feasible, but then if we start bringing in -- if
we start bringing in -- you're going to have the same problem they
had when they were bringing the material in as taking it out. It's
going to be dusty, noisy. It doesn't just load up on a machine.
You're throwing these big pieces of concrete and rock and rubble in
there, and we're going to be creating the same problem that got us
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into the situation.
COMMISSIONER LoCASTRO: But I'm saying that a little bit
to set you up, because I wanted to hear that answer, and I want the
public to hear that answer, that we're not stupid, we're not sitting here
saying, oh, why don't they just, you know, ship it all out?
I said at the very first meeting to the citizens, be careful what
you wish for. I think 100 trucks a day going down the road
removing the rock is not a solution. You know, that train's already
left the station. The rock's there now. But I thought it possibly was
feasible, but you've answered that question that if there was
something that was ginormous on the lot, that, wow, it's going to take
us a week to just crush that one giant rock. But what I'm hearing
you say is everything's pretty much about the same size, correct?
MR. GEHRING: Correct.
COMMISSIONER LoCASTRO: Okay. That's why I like the
idea to propose to my colleagues here that you come back on
January 10th because between now and then, yeah, you lose a few
holidays here and there, but if we agreed that having you crush
certain hours on Saturday, as you said, that one day gives us
exponential help, and that you work as hard as possible to get any
kind of additional machinery in there between now and January 10th.
Then when you come back here at our next commissioner meeting,
we get Report Card No. 2, which is did you get -- did you get
additional machinery? Yes, we did, and here's what it did. Did we
let you crush on Saturday, yes, and here's how it helped. No, we
didn't get additional machinery, but it's coming in five days, and
here's what we -- you know, we think it will do.
I'd like to see these kind of regular updates rather than just, you
know, we end this meeting and we, say, wow, it sounds like you're on
about an April, you know, time frame, see you in April. And I don't
think anybody here wants to agree to that, so that's why my
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proposal -- yeah, you might want to. Yeah.
But it's worth the time for us here, I think, to have you continue
to give us regular updates. You know, in the past we haven't had
that, and that's why maybe this thing got away from us. But you see
how beneficial it is now to have you here, have citizens hear what
you're saying and, you know, have you come back, what I think
is -- would be January 10th or maybe the meeting after that. I'll see
what my colleagues say. I don't want to burden this, but this is an
important, you know, issue that you are correcting.
And even when you do say, well, the extra costs here and there,
I mean, you know, with what has happened on that lot, you know,
maybe investing a little bit of cost to just be done with this, and, you
know, be a good neighbor, be a good steward to the county. I mean,
if the cost is exorbitant, I get it. But if it's a little bit more, I want to
have that conversation and say, you know, it might be a little bit
more, but don't you guys want to be done with this project? And I'm
sure that answer is yes, so maybe that's something you could explore.
And all the more reason coming back on the 10th you might
have those answers for us. Hey, we did get the equipment. We
figured out a couple things that might have cost a little bit more, but
it could shave off a month, three weeks, you know, or whatever. I
think I would love to hear that sooner than later, and I know the
citizens would as well.
So I don't know if you have anything else to add or, Jaime, if
you had something, you know, to add. But this is valuable
conversation, and at least I think we're heading in a positive direction.
MS. COOK: No, but just as a reminder, we are continuing to
get weekly reports from Chris and his team, so we will continue to
forward those along to you. So if there are any changes between
now and the January meeting that we discuss this again, such as the
extra equipment or additional crushing, then those will be included in
December 13, 2022
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those updates to you guys as well.
COMMISSIONER LoCASTRO: I think everybody here would
be supportive of you having those aggressive conversations. And I
don't know how people feel about, you know, Saturday, but I think
because they've been doing it at such a much more improved level,
that Saturday would be maybe -- would put them on a much more
aggressive, you know, timeline, and then we could hear the benefit of
that at one of our January meetings.
But I'll stop there. I don't know if anybody else has their
buttons pushed. But I like what I'm hearing. I'd like to continue to
move in a very aggressive approach and hear sooner than later that
you were able to bring some of the additional resources, whether it's
money, equipment, the right people, or we give you additional hours,
that all those things would march us to an exponentially sooner
conclusion.
MS. COOK: And for the benefit of our newer commissioners,
our code does allow construction on normal construction projects
from 6:30 a.m. -- 6:30 a.m. to 7:00 p.m. Monday through Saturday,
but no holidays. So if that is the direction that you guys would like
to go to consider additional time on Saturdays, it is allowed by our
code right now.
COMMISSIONER LoCASTRO: Can I just say one thing, and
then that will be it? We did talk about, like, starting at 6:00 a.m.,
and our code allows that?
MS. COOK: Right.
COMMISSIONER LoCASTRO: But I just want to say for the
benefit of maybe the conversations I had with everyone that the other
commissioners didn't, that's a very, very visible and busy intersection,
and I was -- I think we were all a little bit concerned that even though
we could start at 6:00 a.m. or 6:30 a.m., that might not be the most
advantageous thing. That may be a little bit of a cushion after, sort
December 13, 2022
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of, certain hours. But I don't know. I -- and maybe you came to a
different conclusion.
But we also thought that Saturday, figuring out whatever we
thought the reasonable times, would be a positive, you know, thing.
And if it turns out to be a negative, then that's all the more reason
why coming back in January and saying, wow, we tried it on
Saturday, and we started to get complaints or, you know, we had
issues or it was hard to get crews on Saturday, you know, that sort of
thing.
But the hours are certainly something we do want to talk about
and, you know, we could utilize the maximum amount of hours, but
we've got to realize that this isn't a lot that's buried somewhere out in
the middle of nowhere. It's a very busy, you know, place.
MR. GEHRING: Are we going to talk about the hours in
January, or are we going to --
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: We're going to talk about them
here in a minute as soon as I get --
(Simultaneous crosstalk.)
CHAIRMAN McDANIEL: -- the rest of this.
MR. HUBSCHMAN: If I could speak about -- you know,
everything you said is going to speed this up. And the most
important thing is that if he could start a little earlier in the day, like
7:00 o'clock instead of 8:00, and if we could work still -- what's the
latest he can work?
MS. COOK: Our code now allows 7:00 p.m.
COMMISSIONER LoCASTRO: Seven.
MR. HUBSCHMAN: We don't -- whatever.
MR. GEHRING: Yeah. We won't go that -- probably at least
till 6:00.
MR. HUBSCHMAN: Till six.
December 13, 2022
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MR. GEHRING: We can pick up two hours a day.
MR. HUBSCHMAN: That's two hours a day. Multiply that,
you get a couple days every month.
COMMISSIONER LoCASTRO: Absolutely.
MR. HUBSCHMAN: And then Saturdays, if we don't -- if we
can try the Saturday thing, see if Jaime will inform me if there are
any complaints, and if there are, we will shut down the Saturdays
immediately so that we don't disturb people. We can try that first,
and if it works, if there's no complaints, then we'll continue with the
Saturdays till January 10th. And I know we'll come back with a
much bigger number than what we have now.
COMMISSIONER LoCASTRO: So 7:00 to 6:00 Monday
through Saturday is something that you're -- you have in your head as
possible?
MR. HUBSCHMAN: Yes.
MR. GEHRING: Yes.
COMMISSIONER LoCASTRO: Okay.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
A couple questions, then a comment. In terms of the hours, I
think you should be permitted to go from 7:00 a.m. to 6:00 p.m.
Monday through Saturday. I support that completely. If you want
to start at 6:00 a.m., that's fine by me. I think there's going to have
to be a push that way. That's going to be the ultimate solution to get
this done more quickly.
But a couple questions. In terms of the total cubic yards that
are there now -- and staff had done some sort of an estimate. When I
saw the estimate and then saw the 2,600 cubic yards per week, my
quick simple math was, well, it's going to take 45 to 50 weeks.
What is the amount that's out there now? Do you have any idea?
MR. GEHRING: Our estimate could be anywhere from 80- to
December 13, 2022
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100,000 cubic yards.
COMMISSIONER SAUNDERS: So a hundred thousand cubic
yards --
MR. HUBSCHMAN: If it's 100-. I don't know if it's --
COMMISSIONER SAUNDERS: Or 80,000 cubic yards or
2,600 cubic yards a week, that's a long time. And we're not talking
May or June. We're talking August, I think -- I would think, if you
just did that math.
MR. HUBSCHMAN: But we're also talking about bringing in
the extra equipment and the extra time.
COMMISSIONER SAUNDERS: Understood, understood. I
just want everybody to understand if we don't have additional
equipment and additional hours, we're not talking this is going to go
until May; it's going to go a lot longer.
COMMISSIONER LoCASTRO: Right.
COMMISSIONER SAUNDERS: So I just wanted to
emphasize that point.
So I support 100 percent your increased hours. I think that's the
only thing that's going to work.
And, Mr. Hubschman, when you and I talked about this
probably six months ago, we talked about trying to get three crushers
out there, and you had said, well, I can probably get this done in 60 to
90 days if I had three crushers.
MR. HUBSCHMAN: Yeah.
COMMISSIONER SAUNDERS: I understand that. So just
do what you can to get another crusher. But in the meantime --
MR. HUBSCHMAN: We were worried more about the noise
and the dust, and we wanted this chance to show that we could do it
without disturbing the neighbors, without causing a problem. So this
time period that we just had that we just processed material, I think
we've done a good job as far as keeping the dust down with the water,
December 13, 2022
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and the noise is not a problem. The noise way back when, when the
material was being brought in, was the trucks, the dumps, the
tailgates slamming shut, the rocks hitting the ground, and that was the
noise problem. But the crusher is not that noisy.
COMMISSIONER SAUNDERS: That's understood, and that's
why I say --
MR. HUBSCHMAN: Yeah.
COMMISSIONER SAUNDERS: -- longer hours.
MR. HUBSCHMAN: And we're going to --
MR. GEHRING: Part of that is some of the equipment we're
using is a lot less noisy than some of the equipment we could be
using. We could be out there with big excavators with hammers
breaking this material, and we'd be in the same issue with you're
going to hear those hammers, you know, all the way, you know, a
mile away. So we're using, you know, the densifiers that are quiet.
They're a little slower, but it's avoiding a conversation we don't have
to have, you know.
MR. HUBSCHMAN: For those of you who don't know what a
densifier is, it is basically a backhoe with a claw, and that claw can
put out how many PSI --
MR. GEHRING: Oh, it puts out about 5,000.
MR. HUBSCHMAN: -- 5,000 PSI. It will grab a piece of
concrete, crunch it so that you get the steel out of it, because you
can't put the steel in the -- you don't want to put all that steel in the
machine. So it crunches the material first, then the material's picked
up and put in the crusher.
CHAIRMAN McDANIEL: Chris, if you --
MR. GEHRING: Sorry.
CHAIRMAN McDANIEL: How you doing, my friend?
MR. GEHRING: Doing good.
CHAIRMAN McDANIEL: Have you cross-sectioned the
December 13, 2022
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material that's there to have a better estimate as to what's out there?
MR. GEHRING: It's so spread out and scattered out with so
many voids, we just did our best, and it was kind of a guesstimate
between 80- and 100,000.
CHAIRMAN McDANIEL: Even at the 80-, it's a nine-month
project at the current production. So I myself -- certainly, with more
assets you can get more done. And I'm totally in favor of expanding
the hours. At least do that for a month. If we're going to have this
conversation at our first meeting in January, we can have that
discussion as to the impacts to the community, and expand your
hours to reflect what's allowed within code rather than trying to pick
a happy number. It's a little tricky to crush after dark.
MR. GEHRING: Yeah. The hours are our big thing. If we
could get some hours, some more hours, that will make a huge
difference.
CHAIRMAN McDANIEL: And on Saturday.
MR. GEHRING: Yes.
CHAIRMAN McDANIEL: So Commissioner LoCastro's
going to make a motion to expand your hours and your days.
COMMISSIONER LoCASTRO: Yeah. So my motion would
be Monday through Saturday, 7:00 to 6:00, work aggressively to get
more of the right equipment and more people, continue to control the
weeds and the fence, the silt fence, maintain it.
Yes, sir?
MR. HUBSCHMAN: I hired a company to maintain the
weeds, and I've also hired another company to maintain the silt
fences. It's a different company.
COMMISSIONER LoCASTRO: Okay. And then, you know,
I'd like -- I think we'd all like to see you back here on January 10th
just so, you know, we're keeping as close a watch on it as we can, and
I trust when you come back on January 10th, you've already enjoyed
December 13, 2022
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additional equipment, additional people, the hours of help, the extra
day has helped, and we can sit here and do the algorithm and, you
know, figure out that it's not going to take nine months.
And I'm here to say that if, you know, the rate didn't increase,
you couldn't get the equipment, you couldn't get the people, I don't
think anybody's going to be satisfied with September. And then I
think, you know, one of the options, you know, might be to -- that
some of that material just has to be removed, and we have to suck it
up.
You know, we're not there yet, so that's why I would say, you
don't want to do that. There's additional cost to that. It's not going
to be invisible to the residents, so it's not some sort of magical,
wonderful thing. It's going to create dust and traffic and all these
types of things. But we have to march to a much, you know, quicker
date.
So please do all that you can aggressively, not only with the
extra hours and the extra days, but it's obvious that -- you know, that
you need more equipment out there. And please make this lot a
priority. I know you've got other business elsewhere, but this is old
business that we need to clean up and finish.
CHAIRMAN McDANIEL: One quick suggestion. Might
we -- might we today amend the hours to reflect those that are
allowed by our code so we have consistency within the code -- from
the code from an inspection standpoint as opposed to the 7:00 to
6:00?
COMMISSIONER LoCASTRO: So the code is 6:30 -- is it
6:30 a.m. to 7:00 p.m.?
MS. COOK: Yes, sir.
COMMISSIONER HALL: 6:30 to 7:00.
MS. COOK: I did have one comment when you guys --
COMMISSIONER LoCASTRO: But then what you-all were
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saying is if we start to get closer to 7:00 and it's dark, you would
really quit at a time due to safety issues, right.
MR. GEHRING: Yeah. If we start at 6:30, we won't be
crushing till 7:00 anyway because we've got maintenance to do, and
then the guys will be shutting down by 6:00 anyway. So they can --
(Simultaneous crosstalk.)
MR. GEHRING: They can't work --
COMMISSIONER LoCASTRO: I do agree with what
Commissioner McDaniel is saying; we just give you the wide open
hours. You control it however it's going to be for safety and
darkness and preparation and whatnot. I mean, I think that's the
point that you're making so we're not creating some sort of, you
know, customized hours, but --
CHAIRMAN McDANIEL: And our staff has -- our staff has
something to go by --
COMMISSIONER LoCASTRO: To go by, absolutely.
CHAIRMAN McDANIEL: -- from a reporting standpoint.
Jaime, did you have something to say?
MS. COOK: I did. Thank you.
CHAIRMAN McDANIEL: Before that, I'll second his motion.
MS. COOK: Okay. I just wanted to remind you guys that, not
this coming weekend but the following two weekends are holiday
weekends, that they would not be able to be crushing. So perhaps if
we're going to evaluate the impact of Saturdays, maybe the second
meeting in January would be better for an update.
COMMISSIONER LoCASTRO: Yeah, that would be the 24th.
CHAIRMAN McDANIEL: That's fine with me.
COMMISSIONER LoCASTRO: Yeah, that sounds good.
CHAIRMAN McDANIEL: If you don't mind coming back on
the second meeting.
MR. HUBSCHMAN: And we can still divide, do the
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math -- do the math and figure out if we've increased production per
day or per week. You know --
CHAIRMAN McDANIEL: Is New Year's Eve considered a
holiday?
MS. COOK: I believe in our code it is.
COMMISSIONER LoCASTRO: You know, the other thing
that I would add is your promise to give a seven-day report has really
been appreciated because, you know, Jaime has, you know, right on
time and on target, sent us all those reports, which means you're
sending them. So it's -- you know, I think we're -- you know, we've
got a good team here. It would have been nice, maybe, if that all
would have happened sooner but, you know, we can't, you know, set
back the clock or get into a time machine.
But if we are going to move it to the 24th, boy, don't disappoint
us, guys, and come here and say, you know, between -- from today to
the 24th we still only have one machine and three guys out there, you
know, that kind of thing. I mean, you've got a big window here to
really work aggressively to pull in some other equipment and really,
really, really hit it hard and give us a good report on the 24th of
January.
MR. GEHRING: That's the plan.
CHAIRMAN McDANIEL: It's been moved and seconded that
we extend the hours and the days of operation in order to facilitate
the removal of the rock quicker, concrete quicker.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER LoCASTRO: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER SAUNDERS: Aye.
December 13, 2022
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COMMISSIONER KOWAL: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MS. COOK: Thank you.
MR. HUBSCHMAN: Thank you, gentlemen.
MS. NOVY: Merry Christmas.
CHAIRMAN McDANIEL: Mr. Hubschman?
MR. HUBSCHMAN: Yes.
CHAIRMAN McDANIEL: Do you have, like, 20 minutes to
hang around for commissioner comments? I wanted you to hear
something I've got to say coming up.
MR. HUBSCHMAN: Sure.
CHAIRMAN McDANIEL: Okay.
MR. HUBSCHMAN: Do you want me to sit?
CHAIRMAN McDANIEL: Yeah, sure, please, have a seat, if
you have time.
Item #15B
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: Commissioners, that brings us to
Item 15B, staff and commission general communications.
We have a couple items over here. We'll make it brief. We'll
start with Dan. He has a couple of comments on some activities
from the sports complex.
MR. RODRIGUEZ: Sure.
Good evening, Commissioners. For the record, Dan Rodriguez,
your Deputy County Manager.
During our one-on-ones as well as the direction from our County
December 13, 2022
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Manager, she wanted to give some good-news updates in reference to
some of the activities at the sports complex. And about a year ago
you gave direction to staff to make sure that we're getting out in the
community and soliciting to have groups come to the sports complex
to utilize that facility to its maximum potential.
Just recently we, in working with the Gulf Coast Runners, on
Thanksgiving Day they had a 5K run there. Incredibly, they had
over 2,500 runners with over 500 family members there cheering
them on. So that was a great event during Thanksgiving Day.
In addition, your Snow Fest was one of the most successful in
history. There were over 6,500 people that participated in the Snow
Fest, which was moved to the sports complex. There were over 31
vendors and many different activities.
There was some criticism about the long lines for getting in the
ice and whatnot, but your wonderful staff at Parks and Recreation
under Olema Edwards, as well as the other staff members, they're
working on a plan to ensure that they can reduce those lines in the
future so more and more kids and families can participate in that very
successful event.
And we're coming up -- we're just past the anniversary of having
a new director at your Domestic Animal Services division. And I
wanted to tell you that I'm most proud of some of the actions and the
activities that have occurred there in the last year, the workforce.
We've hired some very professional people. They're working hard.
Marcy Perry, your new director, has helped to bridge
relationships not only with the Domestic Animal Services
Committee, they've got their full support, but also with the Humane
Society. Myself, Tanya Williams, Marcy Perry met with Sarah
Baeckler Davis and her chairman of their board last week.
We had a very productive meeting. In fact, over the last two
months, Marcy Perry, working with that director, helped to relocate
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about 450 animals into Humane Societies across the nation. And
that's a new initiative that she's going to continue to plan on that
program, but we couldn't do it without the Humane Society and their
support.
In addition, they have the mobile clinic that they have brought to
Domestic Animal Services last week so that they can help in treating
animals doing that. So great work by Domestic Animal Services.
Thank you.
MS. PATTERSON: Mr. Finn is going to come up and give you
a very brief update on our work on the correspondence regarding the
sports complex.
MR. FINN: Mr. Chairman, Commissioners, this is going to be
as brief as humanly possible.
We had a letter that we received on November 7th from a
company called 3STEP Sports. They provided an unsolicited letter
of interest exploring either the acquisition or the long-term lease of
the Paradise Coast Sports Complex. Since then, we've engaged in
several discussions with them.
Just two sentences -- three sentences here on who they are.
3STEP Sports is a holding company for 112 sports operators in the
youth sports market. 3STEP owns and manages youth sports clubs,
events, and tournaments, and sells related apparel. They provide
content, data, and analytics for colleges, media outlets, and leading
athletic brands like Under Armour or New Balance.
3STEP are owners or partner owners in over 20 sports venues,
largely in the northeast. They serve over 40 states and more than
3.2 million athletes across nine different sports. They've been in
business for about 21 years. They're centered in the northeast.
Most of their real estate holdings or partners in real estate holdings
are in the northeast.
I'm not going to touch on too many points that we actually
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talked about, but I will say one of the key things is the bonds that we
used to acquire that are tax exempt bonds. That necessitates an arm's
length bona fide offer of value, so that would be at the core of it.
That has been discussed with 3STEP.
And I will say that their intent is to operate the facility as a
sports facility for some point in time. Their intent is to complete the
last 11 fields that are part of -- part of the sports complex right now,
and they do anticipate having a -- essentially an end date
where -- they would negotiate an end date where if they elected to,
they could then use that property for something other than sports at
some point in the distant future.
So with that, I will tell you that our discussions are ongoing with
them as are -- as is our analysis of where we stand in terms of our
investment in that, and we will continue to move forward and report
to the Board as we should.
CHAIRMAN McDANIEL: Are we still utilizing the park as a
facility for people to come and get hurricane relief and that sort of
thing?
MR. FINN: My sense is at this point that activity has
terminated.
CHAIRMAN McDANIEL: Okay. There was quite a bit
of -- there was quite a bit of discussion with regard to traffic and
impacts for people trying to get in City Gate Boulevard that work in
the industrial park and --
MR. FINN: Yes.
CHAIRMAN McDANIEL: -- down White Lake and the like.
MR. FINN: Yes, sir. You're absolutely correct. Dan and I
have talked about that at length, and one of the things that both of us
try to encourage staff to do is go the extra mile in terms of managing
traffic when we have events out there. The same, of course, applies
to the operator.
December 13, 2022
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CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: Just a few comments on the
sports park. We talked about our AUIR this morning, and one of the
requirements for the county in terms of keeping up our level of
service is our regional parks. And so this facility actually is
fulfilling a large need in terms of ball fields, and so it really fits into
our AUIR.
And we have -- we're using tourist taxes to create this park. So
we're -- I think we're getting a couple benefits here that are in
addition to what we did this -- why we did this in the first place. We
did this in the first place to promote tourism, especially in the off
season, and to provide a facility for our citizens to use when it's not
being used to promote youth sports. And I understand we're going
to have the largest football -- youth football tournament in the
country, I think, in December or January. It's coming up fairly soon.
CHAIRMAN McDANIEL: This weekend.
COMMISSIONER SAUNDERS: Is it this weekend? And so,
you know, it's fulfilling that promise which was to provide facilities
for our citizens to use. The Snow Fest is a perfect example of that,
and it's also meeting that goal of providing recreational opportunities
for people from all over the country to come to Collier County.
I know there's been some delays and some cost overruns.
Those are really to be anticipated in any major project, but this
project really, I think, is meeting the goals and objectives that we
had. If it turns out that there is a suitor that is interested in acquiring
this, that's certainly something, of course, to continue to talk about
just to see what is there but, regardless of that, I think this project is
really performing extremely well, even with the cost overruns and the
delays.
So I just want to congratulate staff. It's been a difficult one
with the pandemic and with the supply chain issues and all of those
December 13, 2022
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things, hurricanes, it's been a challenge, but we're getting there.
MR. FINN: And if I may, we have coined a phrase for that.
It's called "supports complex fatigue." So long-term project. It
certainly is of considerable value to the community. And I
appreciate all your comments.
I will say that the comments you mentioned relative to the intent
of the facility in terms of promoting tourism and, a side component to
that, providing local use at a deeply discounted rate, that has been
discussed with the suitor in this case. So he is cognizant -- or they
are cognizant to those being critical components both if we retain it
and in the event that the Board elects to move in a slightly different
direction.
COMMISSIONER SAUNDERS: Yeah. Regardless of how
that turns out, it's going to be a good project for the county.
MR. FINN: Yes, sir, another successful project.
MS. PATTERSON: Final thing, Commissioners, and new
commissioners, thank you again and welcome. But thank you so
much for your indulgence today. This was a broad amount of
subject matter that we covered and some difficult topics, so thank you
so much, and have a very happy holiday to all of you.
CHAIRMAN McDANIEL: I'm not done yet.
MS. PATTERSON: I'm done.
CHAIRMAN McDANIEL: Oh, you are?
MS. PATTERSON: I'm done.
CHAIRMAN McDANIEL: Jamie, do you have a moment to
come up here? I want to ask about -- Mr. Hubschman -- and that's
the reason I asked you to stay. Mr. Hubschman made a comment
with regard to the installation of trailers and so on, and you and I
spoke briefly about it yesterday, and I just wanted to get an update, if
I could, as to how we're coming along with that.
MR. FRENCH: So I -- again, for the record, Jamie French.
December 13, 2022
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Commissioners, I had the luxury of -- and I say "the luxury" because
I learned so much from working these past events, of making
relationships with some federal partners, and I've exercised some of
those relationships and made some calls to make some
determinations on where they are in their mission.
Currently, there are not many trailers set that I'm aware of in
Collier County that aren't privately initiated. I'm unaware of any
trailers. In fact, we know there's been no trailers that have come into
Collier through FEMA; however, there is a couple sites here in town
that we know about that we put FEMA in touch with. One holds
maybe about 100 spots of availability. The zoning's in place.
We're working with both FEMA and the property owner. We
should know more on that probably the first of the year, as far as how
that assessment went. They were on site just this past Friday. They
spent probably six to eight hours there evaluating the site. There
was a crew of people there from the -- from FEMA and the Army
Corps.
And I spoke with the property owner yesterday. He's not yet
heard back from them. They said it would take probably a week to
10 days to make that evaluation anyway, and with the holiday we
expect to hopefully get some positive results that we'll be able to
offer -- at least be able to point him in the right direction so that they
can offer some short-term housing options for some of those that
were so --
CHAIRMAN McDANIEL: My question has to do with this
board making an allowance for the private sector to have a temporary
motor home there to house people that have been displaced. Is there
a path for us to travel today to get to that point? Mr. Hubschman
brought the point up a month ago --
MR. HUBSCHMAN: Yeah.
CHAIRMAN McDANIEL: -- two, something like that; I think
December 13, 2022
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at our November meeting, maybe even October. And, actually, he's
not personally -- I think if I recall, you live over in Livingston
Estates.
MR. HUBSCHMAN: Livingston Woods.
CHAIRMAN McDANIEL: Yes, Livingston Woods. And so
he's not personally damaged by the storm, but he has a friend who is.
And is there an allowance for him to move -- privately move a motor
home with an inspection and a permit, of course, to house a friend
that's been displaced by the storm?
MR. FRENCH: Privately initiated or done through FEMA, sir?
CHAIRMAN McDANIEL: Privately.
MR. FRENCH: There is -- so the Florida Building Code looks
at those mobile homes. If they sit there longer than six months,
they're considered a permanent structure; however, the zoning would
not support that activity to allow for someone to live on your lot.
We currently have code cases -- in fact, one of the oldest code cases
that exists in Collier County, off of Rosemary, that I'm sitting down
with the property owner tomorrow to talk about -- and that was one
of the cases where we've got, you know, a lot of liens against the
property for that type of activity, unpermitted work.
So it's not something that your LDC or the zoning, unless it's
already entitled, that would allow for that to happen. But it would be
at the discretion of the Board to make that decision for that
allowance.
CHAIRMAN McDANIEL: Well -- and that was a -- that was
what I was asking. I'm not talking about doing it without a permit.
I'm not talking -- I mean, I'm not saying it's permissible. I'm talking
about similar to what we would do if it were a FEMA trailer where it
would be inspected and put in properly and allowed for up to six
months.
MR. FRENCH: FEMA would want -- FEMA will not be
December 13, 2022
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inconsistent with your zoning. That is one of their criteria.
CHAIRMAN McDANIEL: Right. And also FEMA will
only -- if my recollection is correct, FEMA will only allow the motor
home to be put in front of the home that's been damaged.
MR. FRENCH: Or they will go do a group site. They have a
repair program --
CHAIRMAN McDANIEL: Right.
MR. FRENCH: -- where they'll go in there and actually assist
making repairs. They've got a number of tools in their toolbox.
CHAIRMAN McDANIEL: One of the thoughts that I had was,
is allowing for a temporary-use permit for those privately placed
motor homes to be able to assist people with -- that have a housing
need.
MR. FRENCH: That would be at the discretion of the Board,
sir. Staff could not do that administratively.
CHAIRMAN McDANIEL: How do you feel about it?
MR. FRENCH: Personal opinion, sir?
CHAIRMAN McDANIEL: Yes.
MR. FRENCH: I think that it would -- I think you would have
to poll the neighborhood. I think the property owners near by might
have something to say based off of our experiences in the past.
CHAIRMAN McDANIEL: I can see it being Pandora's box
from a -- from a positive and a negative side. There again, FEMA
hasn't done anything yet to offer up relief. We know, I think, the last
tally was close to 60 -- 60 people have been displaced for sure; they
don't have a place to go.
MR. FRENCH: They currently have over 100 people for
Collier County in their -- that have been approved and that are
awaiting housing.
CHAIRMAN McDANIEL: Right. And so -- and here we are
three months past the event, and we're still waiting on the federal
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government. So my thought was, why don't we take some action, do
a short-term relief by permit for up to six months and allow for
Mr. Hubschman to buy a motor home and park it in front of his. I'm
using you as an example.
MR. HUBSCHMAN: It wouldn't be -- it actually wouldn't be
in front. It would be on the side of the house. And I have
two-and-a-half acres. So it's not like it's on a one-acre lot or
half-acre lot. It's on a two-and-a-half acre lot, and it would be
parked on the side of the house that has the septic tank connect where
you connect the septic tank right into the septic tank of the existing
home. You would need an electric connection, which is not
difficult, and then you would need water, which is not difficult either.
CHAIRMAN McDANIEL: It comes off of a hose.
MR. HUBSCHMAN: It's a large lot, so it's not -- and I'm -- my
side of my house is at least 300 feet or more away from the next
home.
CHAIRMAN McDANIEL: And you're a unique circumstance.
If we do this on a global basis, if this is a decision that we come to,
we have to allow it for everyone.
MR. HUBSCHMAN: Yeah.
CHAIRMAN McDANIEL: And so that's where -- that's the
balance that I'm looking at here. You've got a very specific criterion
that could, in fact, be met to overcome several of those objections.
MR. FRENCH: So water supply is -- that's done locally.
Septic tanks, those are all done through the Department of Health,
any connection, so that would have to be a discussion that we would
have to have with the state, find out what their position might be.
With regards to separation, you would need no less than 10 foot of
separation between the structures for the Florida Building Code as
well as the National Fire Prevention Code, which in this particular
case -- Commissioner, we can make it work, clearly, but it is a -- it is
December 13, 2022
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a decision of the Board if that's where the Board would like to go.
CHAIRMAN McDANIEL: Where's the Board want to go?
I'm not looking to create work. I'm just terribly distressed that
there's 100 people that don't have a home, and accommodations
are -- we're still waiting for accommodations for those folks. And
I -- again, Commissioner LoCastro, you say the juice isn't necessarily
worth the squeeze, but --
COMMISSIONER LoCASTRO: I didn't say that on this
particular example, but I say that as a saying sometimes.
CHAIRMAN McDANIEL: It is your saying. So I don't want
to -- I don't want to create work -- I don't want to create -- I don't
want to create trouble, but on the same token, I think if it were done
by permit, if there was specific proof that someone has been
displaced by the storm and it meets the requisites of the setback
requirements and is, in fact, safe and legal and all that sort of thing, I
wouldn't be opposed to allowing it for up to six months.
COMMISSIONER HALL: I wouldn't either.
MR. FRENCH: Would it be beneficial to the Board if we
brought something back at your next meeting to actually, perhaps,
show you what a process might look like, what the impediments
might be, and, basically, the pros and the cons?
CHAIRMAN McDANIEL: Yeah. Now we're four months
out.
COMMISSIONER HALL: Can I make a comment?
CHAIRMAN McDANIEL: Yeah, I'm going to get to you. I'm
not done yet. I got you. You're on the list. Commissioner
Saunders is next.
MR. FRENCH: Commissioners -- and I apologize for
interrupting, but the only reason why I say that is I may be missing
some things here. You and I, we spoke about this months ago;
however, this is not -- this is not a road or a path that staff has gone
December 13, 2022
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down yet.
CHAIRMAN McDANIEL: Okay.
Commissioner Hall. I'm sorry. Forgive me.
COMMISSIONER HALL: No worries.
So my question is on the 100 -- the guys with the land that has
100 spots, is it a temporary thing? He's just willing to do it
temporarily, or is it ongoing?
MR. FRENCH: That is -- so when you -- when you go into
contract with FEMA, it's done on a federal level, but it is -- yes, it is
up to 18 months.
COMMISSIONER HALL: Okay. So forget FEMA, because
I'm thinking about -- I'm asking questions about for private stuff to
come in.
Is there utilities there? I mean, I'm with Commissioner
McDaniel, I don't think -- I want to -- I don't want to belabor this,
because now we're going to be five, six, seven months down the road,
and the need's passed -- you know, the critical need is not met.
My question is, is if we had someone -- let me slow down. My
brain's about five steps ahead of my mouth.
If we have the capability as a board to create some temporary
rules that said we were allowed to put some -- just say a pallet house
on the property, hook it up to some utilities to provide housing for
people who have been displaced, and create the rules where we can
go six months and then do, like, a progressive meet-code type thing.
Like, in six months this has to be done. In the next six months, that
has to be done, while maintaining the right to do a case-by-case basis
to where Harrison has -- you know, we look at the -- or our staff
looks at places, and we give them the authority to make good
decisions based on parameters. Like, that's a no-brainer in my mind
but, yet, if you want to stick a motor home on the side of a house in
Naples Park, that's a different deal. So I'm just asking those
December 13, 2022
Page 266
questions.
MR. FRENCH: So you currently have a process in place that
we brought to you about seven years ago, maybe a little longer,
where it does afford the opportunity for those that are impacted by a
natural disaster to have that as an option at the time the declaration is
made by the Board that we have a disaster, those that are impacted,
and there are ties back to say there was a relationship between a
damaged structure and a free permitted temporary use. And we have
the ability to extend that, at staff's discretion, up to 18 months for that
impacted property. Very fast moving. It's a very -- and the reason
why we track that is because your flood insurance, and participating
within the National Flood Insurance Program, NFIP wants to know,
FEMA, because they're a branch of -- NFIP is a branch of FEMA.
They want to know how long that trailer was there, when it was
placed, and when it was removed, because that affects your
community flood insurance rates.
We could, again, come back with a program and say, we're tying
the recipient of the trailer -- of the mobile home unit to a location and
to a disaster -- disastered property. We just hadn't thought that way
with regards to taking a piece of vacant land.
Now, the biggest issue really is, it's going to be your utilities,
your infrastructure. And people typically want to stay -- they want
their children at the same bus stops, they want to stay at the same
schools, and we would have to work through that with our local
partners to make sure we could still accommodate them. Again, all
achievable, but the land-use piece is something that staff cannot do
administratively.
CHAIRMAN McDANIEL: Well, we can.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I agree with Commissioner
Hall and Commissioner McDaniel that we need to do something here.
December 13, 2022
Page 267
We could -- you could create some criteria, come back to us at our
next meeting. Minimum lot size, for example, it can only be done
on a lot that's an acre-plus or whatever.
The applicant would have to show that they actually had a
structure that they lived in that is no longer livable and that they're
going to take advantage of this. There would have to be a code
enforcement penalty. Getting something started is a lot easier than
getting something stopped.
And so at the end of six months, or whatever that time period
would be, there would have to be a very strong code enforcement
violation if the trailer isn't removed, and that code violation would
have to go to the property owner that owns the house where the
trailer is so that there's incentive to not try to take advantage of the
program.
And I like that -- I like the concept, because one of the big
problems with -- and this happened up in Charlotte County, and
everybody probably knows this, so I'll be real quick. In Charlotte
County after Hurricane Charley, there was a very large area for a
group FEMA housing project. And what happened was -- I've been
told that over 50 percent of the people that lived in those trailers were
not from Florida; that people from all over the country came for free
housing. It became a crime scene, drug problems, and it took
forever to get those people out of those trailers.
So we don't want -- we don't want that here in Collier County,
for sure, and this may be a solution to that. So I support that.
CHAIRMAN McDANIEL: And, you know, and I'm sitting
here mulling it around, and I don't like knee-jerk decisions. We're
already three months behind. And if you would feel more
comfortable to come back to us at our first meeting in January
with -- you've heard us talk about this in a manner, size, shape, color,
location, permittability, term, penalties for lack of removal. I mean,
December 13, 2022
Page 268
I know in Eastern Collier County, Golden Gate Estates, it's become
common practice to put up a fence and put up a bunch of motor
homes in your backyard, which is totally illegal. Totally illegal.
That's not what I'm talking about here. I'm talking about -- I thought
about it, and I was thinking that we could do something even
though -- I'd like to do something today, truth, but I don't want to put
you in a trick box either because I didn't think of this until you and I
talked about it yesterday again.
So I'd be okay with coming up with a plan for our first meeting
in January to effectuate this and allow it for a six-month process,
unless the Board wants to do it today. I'm okay with leaning out,
but...
COMMISSIONER SAUNDERS: I don't want to do it today.
CHAIRMAN McDANIEL: It's difficult to do it today just
because we have to take into consideration size, shape, and color,
location, permittability, so on and so forth. But I want to thank you
for sparking that idea and indulging me to stay.
MR. HUBSCHMAN: I'm glad I could be of help.
CHAIRMAN McDANIEL: So let's -- let's have that as an early
agenda item in January, at our first meeting in January, and come
back with specific -- specific rules, as Commissioner Hall said, to
how that can be effectuated. And see if we can, on a local level,
offer up some help. It's no money for us other than inspections and
allowance, okay?
MR. FRENCH: Yes, sir. We'll be back at the first meeting in
January. Thank you so much. Appreciate it.
CHAIRMAN McDANIEL: Thank you.
MR. HUBSCHMAN: Thank you. Merry Christmas.
CHAIRMAN McDANIEL: Same to you. Same to you.
COMMISSIONER SAUNDERS: And go crush some cement.
MR. HUBSCHMAN: I will. We will.
December 13, 2022
Page 269
CHAIRMAN McDANIEL: Are you all set? I don't -- I cut
you off before because I had -- I wanted to have that conversation.
So are you okay?
MS. PATTERSON: I'm good.
CHAIRMAN McDANIEL: Okay. County Attorney?
MR. KLATZKOW: Merry Christmas to all of you.
CHAIRMAN McDANIEL: As well, as well.
Commissioner Hall?
COMMISSIONER HALL: Yes, sir.
CHAIRMAN McDANIEL: Closing comments?
COMMISSIONER HALL: It's supper time.
CHAIRMAN McDANIEL: Yeah. Past.
COMMISSIONER HALL: No. I really enjoyed today. It
was something I've just looked forward to for a long time, and I loved
the discussion. I love the fact we can sit here and finally get to talk
to one another. That's the hardest thing, but thank you.
CHAIRMAN McDANIEL: Absolutely. Thank you.
Commissioner LoCastro.
COMMISSIONER LoCASTRO: I just want to say to the two
new commissioners, welcome and thank you for stepping up to serve.
You know, it's no longer about elections. Now it's about service.
They're no longer voters. They're citizens whether they voted for
you or not. And I have no doubt that you're going to serve and add
to this group and bring a level of expertise that is only making us
better.
I want to thank my colleagues who have been swamped with
automated emails from people about Caxambas and Goodland. I
sent out a one-way communication saying, please refrain from
replying to citizens, that I will do that, because it's my district, and it
keeps us from sending mixed messages.
I've replied to every single citizen, well over 200 emails. But,
December 13, 2022
Page 270
there again, I'll let you know that they're not emails that anybody
typed. They're emails that one person typed, and then they set up an
automated thing on Facebook that all you had to do was put in your
email address, and it sent us a two-page email that was written by one
person.
But I still replied to every single one of those people with a very
detailed county response that we're not sitting on our hands.
Caxambas is closed for a reason. If you're a business owner using
Caxambas and it's the only county park that supports your business,
that can be a great, wonderful thing, but it can be a huge detriment
when a gigantic hurricane with record-setting storm surge hits, and
we can't do anything about that.
Caxambas was one of the most damaged marinas out of all of
the ones in Collier County. We're not going to prematurely open it.
We're not going to sacrifice safety. And we've done an awful lot
with a Herculean effort, just like we've done across the whole county,
opening beaches in record time and parks in record time. Caxambas
just happens to be the one location that has so much damage, so many
issues. And the one business owner who peered over a locked gate
and drew false conclusions is what started this whole email
campaign.
But I'm happy to still reply to everybody, and those emails
continue, but they are quickly slowing down, and quite a few people
who got the county response from me actually sent apologies, some
of them actually posted on that Facebook site that they think that the
county is doing everything humanly possible.
And when it comes to parking, which was also mentioned in that
email, I had to remind all the people who sent these automated
messages that it's the City of Marco that decides zoning and parking
and, in many cases, the reason why we have less spots at Caxambas
now, once we do open the gate, is because, number one, it's been the
December 13, 2022
Page 271
direction of the City of Marco and, number two, some of the spots
that people were using were illegal or temporary, and the City of
Marco has directed that we discontinue that.
So it's not because we're stupid or we sodded over parking
spaces, or we're trying to hurt businesses. And I made that clear,
you know, in all of the responses.
Next think I just wanted to say is we had a lot of discussion on
Brightshore today, and I just -- if there's any citizens listening -- and
usually this late there's not so much -- but for all of us, one of the
things I learned early on was the importance of the RLSA, and so to
the new commissioners, if you haven't done a deep dive into
educating yourself, when we trade, you know, a certain footprint of
acreage for homes but then preserves something that's five times the
size of what we just allowed a contractor to build on, we did a good
thing. And so we're not stupid. We're not killing panthers.
And some people that come to the podium say, please don't
build in that area, but what they don't understand is the bigger picture
which is how we're trading building space for conservation space.
And, you know, in the particular case of where they may live now,
that might have happened, you know, 10 years ago or whatever, and
it allowed them to come here and live.
So sometimes that gets lost and, you know, the negative that the
new commissioners, you'll hear sometimes from citizens is, you
know, thanks for turning this into Miami again, and that's -- that's not
the case.
And, lastly, I'll just say, this is Commissioner McDaniel's last
meeting in the seat as Chair, and I just think he's done a fantastic job
being chair, and it's my turn next. It's a turn. It's not like what they
do in D.C. where there's a big vote and it's a big popularity contest.
So I'll get my turn. Commissioner Hall, you'll get your turn after
me, and we sort of move it down the line, and we trade it just like we
December 13, 2022
Page 272
talked about what we're going to do at the TDC.
So -- but I wanted to just say, you know, thank you for your
expertise. You've done it before, and it shows. I'll try to pick up
the gavel. And I've already been working with staff on learning
what to do, how we can continue to make improvements in our
processes up here. And we've got a few good ideas that we're going
to launch in January and some that we sort of have already kind of
changed just through some conversations, but I look forward to
switching seats with you in January and --
CHAIRMAN McDANIEL: I'm taking Commissioner Hall's
seat, just so you know.
COMMISSIONER LoCASTRO: No, no, as the Chair, I've
already decided the seats. You're going to be in the back with the
deputy.
CHAIRMAN McDANIEL: He's the new guy.
COMMISSIONER LoCASTRO: Lastly, the one thing that
Terri taught me is when we go for an hour or an hour and a half
where she sort of gets gypped is, like, right now, because we're well
past that window, but we tend to think that the closing comments at
the end are going to be five minutes, and we'll finish on time.
So one of the things that we'll be cognizant of is that we don't go
two-and-a-half hours when she's at her most tired part because she's
been doing this all day, and we've all been talking fast.
But once again, congratulations to the new commissioners and
to you, Commissioner McDaniel, for your leadership. And, you
know, we'll work hard to try not to miss a beat come January.
CHAIRMAN McDANIEL: Thank you.
Commissioner Kowal.
COMMISSIONER KOWAL: Well, just -- I'm excited to be
here. This is a totally different type of service like I've served for 20
years here in Collier County, but I'm going to take it just as serious
December 13, 2022
Page 273
and learn as much as I can.
I want to thank the staff for taking it easy on us today. And I
thought I was back in the army with all the acronyms, you know,
and -- but some of them took their time to kind of describe what they
were, so it helps.
And, you know, just -- looking forward to this. I think it's
going to be a great thing. I think we've got a great group -- board up
here to move forward and get this work done for the people.
Thank you.
CHAIRMAN McDANIEL: Absolutely.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I also want to welcome the new commissioners, and I'm looking
forward to working with both of you. I agree, I think we've got a
good team up here.
And one of the things that's very important is teamwork up here,
because we're all trying to do the best we can for our community, and
that does take a -- that does take teamwork. There will be times
where we disagree, and maybe even vociferously disagree, but after
which we'll all go back and have a sip of water as we leave the
building. So it will be great working with everybody.
I want to wish everybody Happy Holidays, Merry Christmas,
Happy New Year, Happy Holidays. I want to thank staff. You
guys have helped deliver a really good year for Collier County. You
know, we take all the credit for it, but you guys do all the work. It
doesn't go unnoticed. So looking forward to next year. Thank you.
CHAIRMAN McDANIEL: Absolutely.
I echo the same thing. Congratulations. Happy to be serving
with you both. I wish you well in your endeavors.
I do have a thought I'd like to bring up, and it -- you know, we
take a lot of heat on the housing affordability side and taking action,
December 13, 2022
Page 274
and this has to do with you, Commissioner Saunders. A couple of
years ago we adopted the new Golden Gate Master Plan and
trifurcated Golden Gate Estates and Golden Gate City. We got
Golden Gate Rural, west of 951, we've got Golden Gate -- excuse me,
Golden Gate Urban west of 951, Golden Gate Rural east of 951, and
Golden Gate City, the four square miles.
I would like to entertain or hear if you would be interested, and
I'd like to bring back an item to allow -- to allow for the construction
of and rental of guest homes in the Urban Golden Gate Estates. We
have a huge housing issue. It's a way for us to -- and we have the
infrastructure in the urban area to support an increase in density.
Currently, you're allowed to build a guest home in Golden Gate
Estates, all, but you're not allowed to rent them by code. And so the
proposition is to bring that back, have a public discussion about it,
involve the neighborhoods, and see if that's something that could
be -- could be actually brought forward.
COMMISSIONER SAUNDERS: I don't have any problem
having the discussion, and -- but I can tell you, that's a hornet's nest
that you're going to be swatting here when you do that. But
conversation's always good.
CHAIRMAN McDANIEL: Sure. And I won't belabor the
positives and negatives. I've thought a lot about it, but we'll do that
during the public-hearing process. And so I'll whip that up and bring
it in in January, and we'll have that discussion.
So other than that, Merry Christmas, Happy Holidays and, as
Commissioner Saunders said, you folks, even that bunch there in the
back -- look at them all going like this (indicating), you're the ones
that do the work, and we're the ones that get the credit. And I want
to say thank you to all of you and wish you all a Merry Christmas and
Happy Holidays.
With that, we're out.
December 13, 2022
Page 275
*****
****Commissioner Saunders moved, seconded by Commissioner
LoCastro and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted****
Item #16A1
AN EASEMENT USE AGREEMENT (AGREEMENT), PETITION
EUA-PL20220000363 FOR LOT 341, AZURE AT HACIENDA
LAKES - PHASE 2, ACCORDING TO THE PLAT THEREOF AS
RECORDED AT PLAT BOOK 65, PAGE 72 OF THE PUBLIC
RECORDS OF COLLIER COUNTY – TO ALLOW A SCREEN
POOL, SPA AND DECK TO ENCROACH INTO A FIVE-FOOT
DRAINAGE EASEMENT
Item #16A2
AN AGREEMENT FOR THE PURCHASE OF PARCEL 102FEE
REQUIRED FOR CONSTRUCTION OF THE LAKE PARK FLOW
WAY (PROJECT 60246). ESTIMATED FISCAL IMPACT:
$240,500. (THE SOURCE OF FUNDS IS STORMWATER
BONDS)
Item #16A3
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $469,336, WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20200002511 FOR WORK ASSOCIATED WITH BONITA BAY
December 13, 2022
Page 276
EAST - GOLF COURSE RENOVATIONS
Item #16A4
FINAL ACCEPTANCE OF THE POTABLE WATER,
IRRIGATION QUALITY WATER, AND SEWER FACILITIES
AND ACCEPT THE CONVEYANCE OF THE POTABLE
WATER, IRRIGATION QUALITY WATER, AND SEWER
FACILITIES FOR SKYSAIL PHASE 2 OF PHASE 1B,
PL20220005373 – A FINAL INSPECTION FOUND THESE
FACILITIES SATISFACTORY AND ACCEPTABLE ON
NOVEMBER 1, 2022
Item #16A5
DIRECT STAFF TO ADVERTISE AND BRING BACK FOR A
PUBLIC HEARING, AN ORDINANCE AMENDING THE LAND
DEVELOPMENT CODE, TO ELIMINATE THE $25,000
MINIMUM VALUE OF THE TRANSFER OF DEVELOPMENT
RIGHTS BASE CREDIT IN THE RURAL FRINGE MIXED-USE
ZONING OVERLAY DISTRICT
Item #16A6
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE
OF THE POTABLE WATER AND A PORTION OF THE
SEWER UTILITY FACILITIES FOR ANTILLES,
PL20190002585 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
December 13, 2022
Page 277
DESIGNATED AGENT - A FINAL INSPECTION FOUND
THESE FACILITIES SATISFACTORY AND ACCEPTABLE
ON SEPTEMBER 16, 2022
Item #16A7
AN EXTENSION FOR COMPLETION OF REQUIRED
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH
VALENCIA GOLF AND COUNTRY CLUB – PHASE 2A (AR-
8975) SUBDIVISION PURSUANT TO SECTION 10.02.05 C.2 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC)
– EXTENDING THE COMPLETION DATE TO AUGUST 10, 2024
Item #16A8
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 14B,
PL20210000201 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 FOUND THESE FACILITIES
SATISFACTORY AND ACCEPTABLE ON SEPTEMBER 26,
2022
Item #16A9
RESOLUTION 2022-187: A RESOLUTION FOR
FINAL ACCEPTANCE OF THE PRIVATE ROADWAY
AND DRAINAGE IMPROVEMENTS FOR THE FINAL
December 13, 2022
Page 278
PLAT OF DEL WEBB NAPLES PARCEL 213,
APPLICATION NUMBER PL20160001636, AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $46,134.68
Item #16A10
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER FACILITIES FOR
RANCH AT ORANGE BLOSSOM PHASE 5, PL20220003758 - A
FINAL INSPECTION FOUND THESE FACILITIES
SATISFACTORY AND ACCEPTABLE ON JULY 8, 2022
Item #16A11
SUBMIT THE 2022 STATE HOUSING INITIATIVES
PARTNERSHIP INCENTIVE STRATEGIES REPORT TO
FLORIDA HOUSING FINANCE CORPORATION AND
FLORIDA HOUSING COALITION AS REQUIRED BY SECTION
420.9076, FLORIDA STATUTES
Item #16A12
COLLIER AREA TRANSIT (CAT) PUBLIC TRANSPORTATION
AGENCY SAFETY PLAN (PTASP) IN ACCORDANCE WITH
FINAL RULE 49 C.F.R. PART 673 REQUIREMENTS
Item #16A13
SELECTION COMMITTEE’S RANKING, AUTHORIZE STAFF
December 13, 2022
Page 279
TO BEGIN CONTRACT NEGOTIATIONS WITH JACOBS
ENGINEERING GROUP INC., RELATED TO REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 22-8006 FOR “DESIGN
SERVICES FOR WILSON BLVD WIDENING,” AND DIRECT
STAFF TO BRING A PROPOSED AGREEMENT BACK FOR
THE BOARD’S CONSIDERATION AT A FUTURE MEETING
Item #16A14
FINAL ACCEPTANCE OF THE SEWER FACILITIES AND
ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 17C (OFFSITE
FORCEMAIN), PL20220005057 - A FINAL INSPECTION FOUND
THESE FACILITIES SATISFACTORY AND ACCEPTABLE ON
AUGUST 19, 2022
Item #16A15
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR KALEA BAY TOWER 3,
PL20220006349 - A FINAL INSPECTION FOUND THESE
FACILITIES SATISFACTORY AND ACCEPTABLE ON
OCTOBER 27, 2022
Item #16A16
FINAL ACCEPTANCE OF THE POTABLE WATER
UTILITY FACILITIES, AND ACCEPT THE CONVEYANCE
OF THE WATER FACILITIES AND APPURTENANT
EASEMENT FOR LAKESIDE OF NAPLES (WATERMAIN
ONLY), PL20220003366 - A FINAL INSPECTION FOUND
December 13, 2022
Page 280
THESE FACILITIES SATISFACTORY AND ACCEPTABLE ON
JULY 1, 2022
Item #16A17
RESOLUTION 2022-188: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
HACIENDA LAKES PARKWAY, APPLICATION NUMBER
PL20200002273, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY IN THE AMOUNT OF $71,349.49
Item #16A18
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR RANCH AT ORANGE BLOSSOM, PHASE 4,
PL20210000205 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 FOUND THESE FACILITIES
SATISFACTORY AND ACCEPTABLE ON OCTOBER 28, 2022
Item #16A19
PRICE ADJUSTMENTS TO INVITATION TO BID (“ITB”) NO.
19-7544, "TRAFFIC SIGNS AND RELATED MATERIALS."
Item #16A20
December 13, 2022
Page 281
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
AND ACCEPT THE CONVEYANCE OF A PORTION OF THE
SEWER FOR COMPASS PLACE, PL20220005770 - A FINAL
INSPECTION FOUND THESE FACILITIES SATISFACTORY
AND ACCEPTABLE ON OCTOBER 21, 2022
Item #16A21
PAYMENT OF OUTSTANDING INVOICE FOR FINAL
PAYMENT APPLICATION NO. 12 FOR WORK PERFORMED
UNDER AGREEMENT NO. 20-7820, BY COUGAR
CONTRACTING, LLC, TO CONSTRUCT TRIANGLE
BOULEVARD TRANSPORTATION OPERATIONAL
IMPROVEMENTS (PROJECT # 60215) AND ASSESS $74,791.00
(29 DAYS @ $2,579.00 PER DAY) IN LIQUIDATED DAMAGES
AND WAIVING 14 DAYS
Item #16A22
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $25,000, WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20200001360 FOR WORK ASSOCIATED WITH COLLIER’S
RESERVE – LAKE EXPANSION
Item #16A23
RESOLUTION 2022-189: STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION STANDARD GRANT
AGREEMENT FOR THE COLLIER COUNTY GOLDEN GATE
CITY WATER RESOURCE PROTECTION/RESTORATION
December 13, 2022
Page 282
MASTER PLAN, IN THE AMOUNT OF $500,000 (PROJECT NO.
33842) AND AUTHORIZE $500,000 IN BUDGET
AMENDMENTS FOR A TOTAL PROJECT COST OF $1
MILLION
Item #16A24
TERMINATE FOR CONVENIENCE FIXED TERM SERVICE
AGREEMENT NO. 22-7958, “AQUATIC VEGETATION
MAINTENANCE,” WITH AIRBOAT ADDICTS, INC.
Item #16A25
RESOLUTION 2022-190 (5339); RESOLUTION 2022-191 (5310);
RESOLUTION 2022-192 (5311): THE ELECTRONIC
SUBMITTAL OF GRANT APPLICATIONS TO THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE FEDERAL TRANSIT ADMINISTRATION PROGRAMS
5310, 5311 RURAL, AND 5339 RURAL FOR FISCAL YEAR
2023/24 AND APPROVE THE ASSOCIATED RESOLUTIONS TO
SUPPORT TRANSIT SYSTEM CAPITAL IMPROVEMENTS IN
THE AMOUNT OF $1,870,272. (5310 AND 5311 MATCH
SUPPORT ($187,033) FROM TRANSPORTATION
DISADVANTAGED FUND 429 SURPLUS PROCEEDS;
COLLIER AREA TRANSIT FUND (426) RESERVES
SUPPORTED BY GENERAL FUND (001) ANNUAL TRANSFER)
Item #16A26
BOARD RETROACTIVELY APPROVE CHANGE ORDER
NO. 2 EXTENDING THE SUBSTANTIAL AND FINAL
December 13, 2022
Page 283
COMPLETION DATES BY NINETY-THREE (93) DAYS
FOR THE VANDERBILT DRIVE UNDERGROUND UTILITY
CONVERSION PHASE IV PROJECT, AUTHORIZE THE USE OF
THE OWNER’S ALLOWANCE FOR THE CONTINUATION OF,
AND PAYMENT FOR, CONSTRUCTION SERVICES AT NO
ADDITIONAL COST TO THE PROJECT UNDER AGREEMENT
NO. 20-7791, AND ADD AN ADDITIONAL FIFTY (50)
CONTRACT DAYS TO COMPLETE THE PROJECT BY MARCH
8, 2023
Item #16A27
CHAIR TO EXECUTE AN AMENDMENT TO THE SUNRISE
CAY II CONDOMINIUM SETTLEMENT AGREEMENT TO
ALLOW THE RECONFIGURATION OF THE BOAT DOCK
FACILITIES, SUBJECT TO HEARING EXAMINER AND STAFF
APPROVAL
Item #16A28
ADMINISTRATIVE CHANGE ORDER NO. 1 UNDER
AGREEMENT NO. 21-7850 FOR ADDITIONAL
TEMPORARY TRAFFIC CONTROL PLAN EQUIPMENT
COVERED BY THE ALLOWANCE, AND TO ADD
ADDITIONAL DAYS REQUIRED FOR THE CONSTRUCTION
OF THE BRIDGE AND ROADWAY REPLACEMENTS FOR THE
“BRIDGE REPLACEMENT - BRIDGE PACKAGE B-4 BRIDGES
– IMM - COUNTYLINE ROAD” PROJECT (PROJECT NO. 66066)
Item #16A29
December 13, 2022
Page 284
ADMINISTRATIVE CHANGE ORDER NO. 2 UNDER
AGREEMENT NO. 21-7851 FOR ADDITIONAL TEMPORARY
TRAFFIC CONTROL EQUIPMENT COVERED BY THE
ALLOWANCE, AND TO ADD ADDITIONAL DAYS REQUIRED
FOR CONSTRUCTION OF BRIDGE AND ROADWAY
REPLACEMENTS FOR THE “BRIDGE REPLACEMENT -
BRIDGE PACKAGE C - 4 BRIDGES- OIL WELL ROAD”
PROJECT (PROJECT NO. 66066.12)
Item #16A30
SELECTION COMMITTEE’S RANKING OF REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 22-8001,
“COMPREHENSIVE WATERSHED IMPROVEMENT PROJECT,”
AND AUTHORIZE STAFF TO BEGIN CONTRACT
NEGOTIATIONS WITH THE TOP-RANKED FIRM, ATKINS
NORTH AMERICA, INC., SO THAT STAFF CAN BRING A
PROPOSED AGREEMENT BACK FOR THE BOARD’S
CONSIDERATION AT A FUTURE MEETING
Item #16B1
GRANT APPLICATION SUBMITTAL PACKAGE IN
ASSOCIATION WITH THE FY2022 COMMMUNITY
PROJECT FUNDING (CPF) AWARD IN THE AMOUNT OF
$987,000, GRANT NUMBER B-22-CP-FL-0233 FOR THE
CONSTRUCTION OF THE IMMOKALEE SIDEWALK PHASE III
PROJECT AND AUTHORIZE THE CHAIRMAN OF THE BCC
TO SIGN THE APPLICATION STANDARD FORMS
Item #16C1
December 13, 2022
Page 285
AN AGREEMENT FOR SALE AND PURCHASE WITH WISC
INVESTMENT COMPANY, LLC, FOR 0.39 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $422,600
Item #16C2
ADMINISTRATIVE CHANGE ORDER #1 FOR TIME
EXTENSION UNDER CONSTRUCTION AGREEMENT NO. 21-
7912 WITH R2T, INC., FOR THE NCRWTP CHEMICAL BULK
TANK REPLACEMENT. (WATER USER FEE CAPITAL
IMPROVEMENT PROJECT FUND (412)) (PROJECT NO. 71066)
Item #16C3
PAYMENT OF INVOICES IN THE AMOUNT OF $32,245.46
TO INFINITE CONSTRUCTION, LLC, REGARDING
PURCHASE ORDER NO. 4500210113 UNDER AGREEMENT
NO. 19-7630 CONCERNING THE BAREFOOT BEACH NORTH
ACCESS BOARDWALK & PAVILION CONSTRUCTION
PROJECT, AND WAIVING LIQUIDATED DAMAGES IN THE
AMOUNT OF $6,205. (TDC BEACH PARK FACILITY CAPITAL
FUND (183)) (PROJECT NO. 80330)
Item #16C4
PAYMENT OF INVOICES TO STANLEY CONSULTANTS, INC.,
REGARDING PURCHASE ORDER NUMBER 4500209336
TOTALING $4,411.00, PERTAINING TO THE BAREFOOT
BEACH NORTH ACCESS BOARDWALK & PAVILION
December 13, 2022
Page 286
(PROJECT NO. 80330)
Item #16C5
PAYMENT OF INVOICES TOTALING $14,090.20 TO CURRAN
YOUNG CONSTRUCTION, INC., REGARDING AGREEMENT
NUMBER 21-7864, AS PROVIDED IN CHANGE ORDER NO. 7,
PERTAINING TO WORK PERFORMED AT THE EAST NAPLES
COMMUNITY PARK WELCOME CENTER. (PROJECT NO.
80414)
Item #16C6
ADMINISTRATIVE CHANGE ORDER #7 FOR A TIME
EXTENSION AND ASSOCIATED REALLOCATION OF FUNDS
UNDER AGREEMENT NO. 18-7469 WITH WOOD
ENVIRONMENTAL & INFRASTRUCTURE, INC., THE
CONSTRUCTION ENGINEERING INSPECTOR FOR THE
BIG CORKSCREW ISLAND REGIONAL PARK. (PROJECT NO.
80039.1.3)
Item 16C7
AWARD INVITATION TO BID (“ITB”) NO. 22-7986, “PEST
CONTROL - COUNTY FACILITIES,” TO POWER
EXTERMINATORS, INC., D/B/A POWERX, AS THE PRIMARY
VENDOR, AND SOUTHERN SERVICE SOLUTIONS LLC, AS
SECONDARY VENDOR, AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED AGREEMENT
Item #16C8
December 13, 2022
Page 287
AWARD INVITATION TO BID (“ITB”) NO. 22-8009, “COLLIER
COUNTY PORTABLE TOILET RENTAL AND SERVICES,” TO
JOHN TO GO FL, LLC, AS PRIMARY VENDOR, AND J.W.
CRAFT, INC., AS SECONDARY VENDOR, AND AUTHORIZE
THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS
Item #16C9
A $563,380 WORK ORDER UNDER A REQUEST FOR
QUOTATION (“RFQ”) FOR AGREEMENT NO. 20-7800 TO
DOUGLAS N. HIGGINS, INC., AND AUTHORIZE THE
CHAIRMAN TO SIGN THE WORK ORDER FOR
MODIFICATIONS TO NORTH REVERSE OSMOSIS WELL
#10. (PROJECT NO. 70085)
Item #16C10
ADMINISTRATIVE CHANGE ORDER NO. 5 TO
AGREEMENT NO. 19-7637, “GOLDEN GATE CITY
TRANSMISSION WATER MAIN IMPROVEMENTS,” WITH
JOHNSON ENGINEERING INC., IN THE AMOUNT OF $35,386.
(PROJECTS #51029 AND #70253)
Item #16C11
A CERTIFICATION OF FINANCIAL RESPONSIBILITY, AS
REQUIRED BY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FOR THE RENEWAL OF
AN OPERATING PERMIT FOR THE DEEP INJECTION WELL
SYSTEM AT THE COLLIER COUNTY NORTH REGIONAL
December 13, 2022
Page 288
WATER TREATMENT PLANT (WATER/SEWER OPERATING
FUND (408))
Item #16C12
WAIVE LIQUIDATED DAMAGES AGAINST FORT
CONSTRUCTION GROUP OF NAPLES INC., PERTAINING
TO THE CONSTRUCTION OF THE CAXAMBAS PARK
COMMUNITY CENTER PROJECT UNDER AGREEMENT
NO. 20-7790, APPROVE ALL PREVIOUS
ADMINISTRATIVELY AUTHORIZED CHANGE ORDERS,
AND AUTHORIZE PAYMENT OF ANY PENDING OR
FINAL PAYMENT APPLICATIONS SUBJECT TO THE
CONTRACTOR PROVIDING ALL REQUIRED BACKUP
DOCUMENTATIONS PREREQUISITE TO PROCESSING
PAYMENT. (PROJECT #80394.3)
Item #16C13
SELECTION COMMITTEE’S RANKING AND AUTHORIZE
STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH JACOBS
ENGINEERING GROUP INC., RELATED TO RPS NO. 22-8011
FOR “DESIGN SERVICES FOR WILSON BLVD WELLHOUSE &
INFRASTRUCTURE IMPROVEMENTS,” SO THAT A
PROPOSED AGREEMENT CAN BE BROUGHT TO THE
BOARD FOR CONSIDERATION AT A FUTURE MEETING
Item #16C14
AWARD INVITATION TO BID (“ITB”) NO. 22-7957
“ELECTRICAL COMPONENT SERVICES” TO SWANSON’S
December 13, 2022
Page 289
ELECTRIC INC. AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT
Item #16C15
CHANGE ORDER NO. 13 TO COLLIER COUNTY SPORT
COMPLEX PHASE 2.1 AND 2.2A OF AGREEMENT NO. 17-7198
WITH MANHATTAN CONSTRUCTION (FLORIDA), INC., FOR
TIME EXTENSION OF 60 DAYS (PROJECT #50156)
Item #16C16
RESOLUTION 2022-193: BOARD OF COUNTY
COMMISSIONERS, ACTING EX-OFFICIO AS THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, ADOPT A RESOLUTION AUTHORIZING
THE EXECUTION AND DELIVERY OF A RATE LOCK
AGREEMENT WITH JPMORGAN CHASE BANK, N. A.,
RELATED TO THE POTENTIAL REFUNDING OF THE
COLLIER COUNTY WATER-SEWER DISTRICT’S WATER
AND SEWER REFUNDING REVENUE BONDS, SERIES 2016
Item #16C17
BOARD OF COUNTY COMMISSIONERS, ACTING EX-
OFFICIO AS THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, AUTHORIZES
EXPENDITURES WHICH SERVE A PUBLIC PURPOSE TO
PROVIDE AWARDS FOR SCHOOL-AGE CHILDREN TO
INCENTIVIZE PARTICIPATION IN COLLIER COUNTY
WATER SEWER-DISTRICT (CCWSD) WATER
December 13, 2022
Page 290
CONSERVATION CAMPAIGNS
Item #16D1
BUDGET AMENDMENTS TOTALING $400,000
TRANSFERRING RESERVES OF $300,000 WITHIN
DOMESTIC ANIMAL SERVICES DONATION FUND (180)
FOR ANIMAL MEDICAL TREATMENT AND RESERVES
OF $100,000 WITHIN DOMESTIC ANIMAL SERVICES
NEUTERING FUND (610) FOR VETERINARIAN FEES
RELATED TO NEUTER/SPAY
Item #16D2
NECESSARY BUDGET AMENDMENTS TO REFLECT THE
ESTIMATED FUNDING FOR CALENDAR YEAR 2023 OLDER
AMERICANS ACT PROGRAMS IN THE AMOUNT OF
$2,329,059.53, AND THE ESTIMATED CASH MATCH OF
$253,036.78, OF WHICH $131,108.12 IS MET THROUGH LOCAL
VENDORS (HUMAN SERVICES GRANT FUND 707)
Item #16D3
AN “AFTER-THE-FACT” FIRST AMENDMENT AND
ATTESTATION STATEMENT WITH THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., FOR COMMUNITY
CARE FOR THE ELDERLY AND ALZHEIMER’S DISEASE
INITIATIVE GRANT PROGRAMS TO INCREASE THE
CONTRACT AMOUNT BY $50,000 AND $307,985.60, REVISION
TO THE ANNUAL BUDGET SUMMARY (ATTACHMENT VIII
& ATTACHMENT X), AND THE SUPPORTING BUDGET
December 13, 2022
Page 291
AMENDMENTS (HUMAN SERVICES GRANT FUND 707)
Item #16D4
CHAIRMAN TO SIGN THE SECOND AMENDMENT TO
THE AGREEMENT BETWEEN COLLIER COUNTY AND
COLLIER HEALTH SERVICES, INC., FOR THE
COMMUNITY HEALTH WORKERS FOR COVID-19
RESPONSE FOR RESILIENT COMMUNITIES PROGRAM
AND INCREASE THE SUBRECIPIENT AWARD AMOUNT
BY $388,069, TO A TOTAL AWARD OF $782,524 (HOUSING
GRANT FUND 705)
Item #16D5
CHAIRMAN TO SIGN THE SECOND AMENDMENT TO THE
SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY
AND RURAL NEIGHBORHOODS, INCORPORATED TO
ALLOCATE AN ADDITIONAL $291,679 IN CDBG-CV FUNDS
AND EXTEND THE PERIOD OF PERFORMANCE THROUGH
JUNE 30, 2023, FOR THE HOUSING OPPORTUNITIES CENTER
IN IMMOKALEE (HOUSING GRANT FUND 705)
Item #16D6
ONE (1) DEPARTMENT OF ECONOMIC OPPORTUNITY
COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION CRITICAL FACILITIES HARDENING
PROGRAM SUBRECIPIENT GRANT AGREEMENT
BETWEEN COLLIER HEALTH SERVICES, INC., DBA
HEALTHCARE NETWORK, AND COLLIER COUNTY TO
December 13, 2022
Page 292
PROVIDE $206,240 IN FUNDING FOR A HARDENING
PROJECT OF THE MARION E. FEATHER MEDICAL
CENTER IN IMMOKALEE
Item #16D7
APPROPRIATE A DONATION OF $100,000 FROM THE
FRIENDS OF THE LIBRARY OF COLLIER COUNTY, INC.,
TO THE COLLIER COUNTY PUBLIC LIBRARY FOR THE
PURCHASE OF EBOOKS AND EAUDIO TO ENHANCE THE
LIBRARY’S ELECTRONIC MATERIALS COLLECTION, AND
TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT
Item #16D8
RESOLUTION 2022-194: AN AWARD FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
IN THE AMOUNT OF $861,716 FOR THE ESG-RUSH (RAPID
UNSHELTERED SURVIVOR HOUSING) GRANT; AUTHORIZE
THE CHAIRMAN TO EXECUTE THE GRANT AGREEMENT(S)
AND REQUIRED SF424S UPON RECEIPT BY THE COUNTY,
AUTHORIZE THE NECESSARY BUDGET AMENDMENT; AND
APPROVE A SUBSTANTIAL AMENDMENT TO COLLIER
COUNTY'S U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FY2022-2023 ANNUAL ACTION PLAN
(HOUSING GRANTS FUND 705)
Item #16D9
BOARD OF COUNTY COMMISSIONERS TO APPROVE
THE ALLOCATION OF THE LOCAL ASSISTANCE AND
December 13, 2022
Page 293
TRIBAL CONSISTENCY FUND ALLOCATION FROM THE
U.S. TREASURY IN THE AMOUNT OF $1,790,192,
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO
EXECUTE THE AGREEMENT, ANY NECESSARY
BUDGET AMENDMENTS, AND ANY SUB-AWARD
AGREEMENTS (HOUSING GRANTS FUND 705)
Item #16D10
RESOLUTION 2022-195: COLLIER COUNTY
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT FOR THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG), HOME
INVESTMENT PARTNERSHIP (HOME), EMERGENCY
SOLUTIONS GRANT (ESG), COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG-CV), EMERGENCY SOLUTIONS
GRANT-CV (ESG-CV) AND HOME INVESTMENT
PARTNERSHIP-ARP (HOME-ARP) FOR FISCAL YEAR 2022 AS
REQUIRED; APPROVE THE CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT RESOLUTION,
AND AUTHORIZE THE CHAIRMAN TO CERTIFY THE
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER) FOR SUBMISSION TO U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HOUSING GRANT FUND 705)
Item #16E1
THE PURCHASE OF GROUP HEALTH REINSURANCE
THROUGH SUNLIFE IN THE ESTIMATED AMOUNT OF
December 13, 2022
Page 294
$708,022, EFFECTIVE JANUARY 1, 2023
Item #16E2
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E3
AWARD REQUEST FOR PROPOSAL (“RFP”) #22-7977,
“GROUP HEALTH & DENTAL PLAN ADMINISTRATION
SERVICES,” TO ALLEGIANCE BENEFIT PLAN
MANAGEMENT, INC., AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT
Item #16E4
AN AMENDED AGREEMENT WITH BRAXTON COLLEGE
TO PROVIDE EMS DEPARTMENT CLASSROOM
INSTRUCTION AND SUPERVISED SKILL TRAINING AND
EXPERIENCE TO STUDENTS ENROLLED IN
EMERGENCY MEDICAL SERVICES TECHNOLOGY
PROGRAMS
Item #16E5
RENEW COLLIER COUNTY’S ANNUAL CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY (COPCN) FOR
COLLIER COUNTY EMERGENCY MEDICAL SERVICES TO
December 13, 2022
Page 295
PROVIDE CLASS 1 ADVANCED LIFE SUPPORT TRANSPORT
(ALS) FOR ONE YEAR AND AUTHORIZE THE CHAIRMAN TO
EXECUTE THE PERMIT AND CERTIFICATE – COMMENCING
JANUARY1, 2023, AND EXPIRING ON DECEMBER 31, 2023
Item #16E6
AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS,
DUTIES AND BENEFITS, AND OBLIGATIONS TO
ENVIROSERVE INC. CONCERNING AGREEMENT NO. 18-7487
“COLLECTION AND RECYCLING OF LATEX PAINT” – TO
CLARK ENVIROSERVE, INC.
Item #16E7
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CONTRACTUAL
MODIFICATIONS REQUIRING BOARD APPROVAL – FOR AN
AFTER-THE-FACT MEMO FOR WHICH STAFF APPROVED
THE INSALLATION OF A GATE AND FENCING WITHOUT
THE PROPER CONTRACT
Item #16E8
AWARD INVITATION TO BID (“ITB”) NO. 22-8039,
“FASTENERS AND WHEEL WEIGHTS” TO LAWSON
PRODUCTS, INC.
Item #16E9
RECOGNIZING ACCRUED INTEREST FROM THE PERIOD
December 13, 2022
Page 296
JULY 1, 2022, THROUGH SEPTEMBER 30, 2022, EARNED
BY EMS COUNTY GRANT, PROJECT NO. 33655, AND
APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF
$457.67
Item #16E10
AN ANNUAL MAINTENANCE AGREEMENT #23-005-NS WITH
STRYKER CORPORATION FOR PROCARE SERVICES ON
PREVIOUSLY STANDARDIZED EMS AMBULANCE
EQUIPMENT AND AUTHORIZE EXPENDITURES UNDER A
SINGLE SOURCE WAIVER
Item #16E11
AN INTERLOCAL AGREEMENT FOR MUTUAL AID
BETWEEN COLLIER COUNTY AND BROWARD COUNTY
SHERIFF’S OFFICE FOR EMERGENCY MEDICAL SERVICES
Item #16E12
AN AWARD OF $72,756.00 IN GRANT FUNDS FROM THE
STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU
OF EMERGENCY MEDICAL SERVICES, AND TO APPROVE
NECESSARY BUDGET AMENDMENTS
Item #16F1
CHAIR TO EXECUTE A FEDERALLY FUNDED SUBGRANT
AGREEMENT TO ACCEPT THE ANNUAL EMERGENCY
MANAGEMENT PERFORMANCE GRANT G0380 (EMPG) IN
December 13, 2022
Page 297
THE AMOUNT OF $109,275 FOR EMERGENCY
MANAGEMENT PLANNING, RESPONSE, AND MITIGATION
EFFORTS AND TO AUTHORIZE THE NECESSARY BUDGET
AMENDMENTS (PROJECT NO. 33820)
Item #16F2
A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR ADVANCED LIFE SUPPORT (ALS) NON-
TRANSPORT SERVICES FOR ONE YEAR TO THE CITY OF
NAPLES FIRE-RESCUE CONCURRENT WITH THE APPROVAL
OF AN ACCOMPANYING INTERLOCAL AGREEMENT (ILA)
AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ILA,
PERMIT, AND CERTIFICATE
Item #16F3
RESOLUTION 2022-196: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FY22-23 ADOPTED BUDGET
Item #16F4
BUDGET AMENDMENTS TO RE-ESTABLISH BUDGETED
TRANSFERS FROM ROAD IMPACT FEE DISTRICT 4 FUND
(336) TO THE SPORTS COMPLEX FUND (370) TO PROVIDE
FUNDING FOR THE WILSON BENFIELD ROAD EXTENSION
PROJECT IN THE AMOUNT OF $4,246,823.16.
Item #16F5
December 13, 2022
Page 298
EXPENDITURES THROUGH AN EXEMPTION FROM THE
COMPETITIVE PROCESS TO J.W. MARRIOTT MARCO
ISLAND FOR TOURISM PROMOTIONAL EXPENSES UP TO
$100,500 PER YEAR FOR A FIVE-YEAR PERIOD AND TO
MAKE A FINDING THAT THIS EXPENDITURE PROMOTES
TOURISM
Item #16F6
EXPENDITURES THROUGH AN EXEMPTION FROM THE
COMPETITIVE PROCESS TO VISIT FLORIDA FOR
DESTINATION MARKETING PROGRAMS FOR A FIVE-
YEAR PERIOD IN THE AMOUNT OF $150,000 PER YEAR AND
TO MAKE A FINDING THAT THESE EXPENDITURES
PROMOTE TOURISM – FROM OCTOBER 1, 2022, THROUGH
SEPTEMBER 30, 2027
Item #16F7
A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
COLLIER COUNTY AND NAPLES COMMUNITY
HEALTHCARE SYSTEM (NCH) FOR MUTUAL
PARTICIPATION IN THE COUNTY’S 800MHZ PUBLIC
SAFETY COMMUNICATIONS SYSTEM
Item #16F8
USE OF TOURIST DEVELOPMENT TAX PROMOTION
FUNDS TO SUPPORT THE EVERGLADES CITY
TRIATHLON AND THE HOOKEM IN THE GLADES
December 13, 2022
Page 299
FISHING TOURNAMENT FOR A TOTAL OF $2,000 AND
MAKE A FINDING THAT THIS EXPENDITURE PROMOTE
TOURISM – THE EVERGLADES CITY TRIATHLON IS
SCHEDULED FOR JANUARY 28, 2023, AND THE HOOKEM IN
THE GLADES FISHING TOURNAMENT SCHEDULED FOR A
DATE TO BE DETERMINED
Item #16F9
COUNTY MANAGER, AS AUTHORIZED AGENT, TO
EXECUTE A FEDERALLY FUNDED SUBAWARD AND
GRANT AGREEMENT THROUGH THE FLORIDA
DIVISION OF EMERGENCY MANAGEMENT FOR
REIMBURSEMENT OF EXPENDITURES ASSOCIATED WITH
PREPARATION FOR AND RECOVERY FROM HURRICANE
IAN (IAN FEMA SUBAWARD GRANT AGREEMENT)
Item #16G1
CHAIRMAN TO EXECUTE THE ATTACHED COLLIER
COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE
AGREEMENT WITH ROYALE AIR SERVICE, INC., DBA SALT
ISLAND SEAPLANES, FOR VACANT AERONAUTICAL USE
OFFICE SPACE AT THE MARCO ISLAND EXECUTIVE
AIRPORT
Item #16I1
DECEMBER 13, 2022, BCC MISCELLANEOUS
CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
DECEMBER 13, 2022
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
1) Ave Maria Stewardship Community District:
FY 2022/2023 Regular Meeting Schedule
2) Terreno Community Development District:
FY 2022/2023 Regular Meeting Schedule
3) Verona Walk Community Development District:
FY 2022/2023 Regular Meeting Schedule
4) Winding Cypress Development District:
FY 2022/2023 Regular Meeting Schedule
5) Quarry Community Development District
District Meeting Minutes 08/15/2022, District Meeting
Agenda 08/15/2022
6) Naples Heritage Community Development District
District Meeting Minutes 05/03/2022, District Meeting
Agenda 05/03/2022, Public Notice 05/03/2022
B. OTHER:
1) Collier County Sheriff’s Office:
Fiscal Year 2021-2022 Surplus Funds
December 13, 2022
Page 300
Item #16J1
THE CLERK’S REPORT INDICATING NO INTEREST PAID
PURSUANT TO FLORIDA STATUTE 218.78 FOR THE FISCAL
YEAR ENDED SEPTEMBER 30, 2022
Item #16J2
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 OCTOBER 27, 2022, AND
NOVEMBER 9, 2022, PURSUANT TO FLORIDA STATUTE
136.06
Item #16J3
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF NOVEMBER 16,
2022
Item #16J4
REPORT TO THE BOARD REGARDING THE INVESTMENT OF
COUNTY FUNDS AS OF THE QUARTER ENDED SEPTEMBER
30, 2022
Item #16J5
December 13, 2022
Page 301
EXECUTION OF THE BUDGET AMENDMENT TO INCREASE
CURRENT FUNDING FOR THE COLLIER COUNTY SHERIFF’S
GENERAL FUND (LAW ENFORCEMENT) IN THE AMOUNT
OF $2.4M IN ORDER TO COVER OVERTIME, THE BENEFITS
ON OVERTIME, AND OPERATING EXPENSES RELATED TO
HURRICANE IAN
Item #16J6
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 NOVEMBER 10, 2022, AND
NOVEMBER 30, 2022, PURSUANT TO FLORIDA STATUTE
136.06
Item #16J7
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF DECEMBER 7,
2022
Item #16K1
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$38,000 PLUS $12,731 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF
PARCEL 279RDUE REQUIRED FOR THE VANDERBILT
BEACH ROAD EXTENSION PROJECT NO. 60168 – FOR $50,731
December 13, 2022
Page 302
THAT INCLUDES ATTORNEY AND EXPERT FEES
Item #16K2
RESOLUTION 2022-197: APPOINT A NEW ALTERNATE
MEMBER TO THE COLLIER COUNTY CODE ENFORCEMENT
BOARD, AND TO RECLASSIFY A CURRENT ALTERNATE
MEMBER AS A REGULAR MEMBER – APPOINTING JAMES
YORK AS AN ALTERNATE MEMBER AND REAPPOINTING
TARIK AYASUN TO BE RECLASSIFIED AS A REGULAR
MEMBER
Item #16K3
RESOLUTION 2022-198: REAPPOINT A MEMBER TO THE
GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD –
REAPPOINTING WILLIE BRICE III W/TERM EXPIRING ON
DECEMBER 31, 2025
Item #16K4
RESOLUTION 2022-199: REAPPOINT TWO MEMBERS TO
THE LIBRARY ADVISORY BOARD – REAPPOINTING JOAN
HOCHSCHILD AND CONSTANCE BETTINGER BOTH
W/TERMS EXPIRING ON DECEMBER 31, 2026, AND THAT
TERM LIMIT RESTRICTION BE WAIVED FOR CONSTANCE
BETTINGER
Item #16K5
RESOLUTION 2022-200: REAPPOINT TWO MEMBERS TO
December 13, 2022
Page 303
THE EMERGENCY MEDICAL AUTHORITY – REAPPOINTING
ELLEN B. YARNELL AND DANIEL JOHNSON BOTH
W/TERMS EXPIRING ON DECEMBER 31, 2026
Item #16K6
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$125,500 PLUS $20,974.09 IN STATUTORY ATTORNEY FEES,
APPORTIONMENT FEES, EXPERTS’ FEES AND COSTS, AND
AN AMOUNT NOT TO EXCEED $3,000 FOR ADDITIONAL
APPORTIONMENT COSTS IF NEEDED FOR THE TAKING OF
PARCEL 1245RDUE REQUIRED FOR THE VANDERBILT
BEACH ROAD EXTENSION PROJECT NO. 60168 – FOR
$149,474.09 THAT INCLUDES ATTORNEY AND EXPERT FEES
Item #16K7
RESOLUTION 2022-201: REAPPOINT THREE MEMBERS TO
THE PARKS AND RECREATION ADVISORY BOARD -
REAPPOINTING JESSICA BERGEL, EDWARK “SKI” OLESKY
AND KENNETH DIXON ALL W/TERMS EXPIRING ON
DECEMBER 31, 2026, AND THAT TERM LIMIT RESTRICTION
BE WAIVED FOR MR. OLESKY
Item #16K8
RESOLUTION 2022-202: REAPPOINT A MEMBER TO THE
HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD –
REAPPOINTING ELIZABETH PERDICHIZZI W/TERMS
EXPIRING ON OCTOBER 1, 2025, AND THAT TERM LIMIT
RESTRICTION BE WAIVED
December 13, 2022
Page 304
Item #16K9
RESOLUTION 2022-203: APPOINT A MEMBER TO THE
HOUSING FINANCE AUTHORITY – APPOINTING FRANCIS
DUSKIEWICZ W/TERM EXPIRING ON SEPTEMBER 11, 2026
Item #16K10
RESOLUTION 2022-204: REAPPOINT A MEMBER TO THE
INDUSTRIAL DEVELOPMENT AUTHORITY – REAPPOINTING
JAMES CATON W/TERM EXPIRING ON JANUARY 8, 2027
Item #16K11
RESOLUTION 2022-205: REAPPOINT A MEMBER TO THE
IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE –
REAPPOINTING ANA PATRICIA ESTRELLA W/TERM
EXPIRING ON SEPTEMBER 23, 2026
Item #16K12
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$131,250 PLUS $31,575 IN STATUTORY ATTORNEY AND
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL
116FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168 – FOR $162,825 THAT
INCLUDES ATTORNEY AND EXPERT FEES
Item #16K13
December 13, 2022
Page 305
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$171,000 FOR THE TAKING OF PARCEL 1110FEE REQUIRED
FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT
NO. 60168 – FOR $171,000 W/NO ATTORNEY OR EXPERT
WITNESS FEES BECAUSE THE PROPERTY OWNER WAS NOT
REPRESENTED
Item #17A
ORDINANCE 2022-45: AN ORDINANCE AMENDING
ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
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 (C-2) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
ZONING DISTRICT FOR THE PROJECT TO BE KNOWN
AS EVERGLADES EQUIPMENT GROUP CPUD, TO
ALLOW THE DEVELOPMENT OF UP TO 13,500 SQUARE-
FEET OF RETAIL NURSERY AND GARDEN SUPPLY STORE
AND 15,000 SQUARE FEET OF (C-2) COMMERCIAL USES
AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT
7.19± ACRE PROPERTY IS LOCATED ON THE NORTH SIDE
OF RADIO ROAD, 818± FEET NORTHWEST OF THE
INTERSECTION OF RADIO ROAD AND DAVIS BOULEVARD
IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA (COMPANION TO ITEM #17B)
[PL20210002663]
December 13, 2022
Page 306
Item #17B
ORDINANCE 2022-46: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND
FUTURE LAND USE MAP AND MAP SERIES BY ADDING
THE RADIO ROAD COMMERCIAL INFILL SUBDISTRICT
TO THE URBAN-MIXED USE DISTRICT, TO ALLOW
13,500 SQUARE FEET OF FLOOR AREA FOR A RETAIL
NURSERY AND GARDEN SUPPLY STORE AND UP TO
15,000 SQUARE FEET OF C-2 COMMERCIAL USES; AND
FURTHERMORE, DIRECTING TRANSMITTAL OF THE
ADOPTED AMENDMENT TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE. THE SUBJECT PROPERTY
CONSISTING OF 7.19± ACRES IS LOCATED NORTH OF
RADIO ROAD APPROXIMATELY 818 FEET NORTHWEST OF
THE INTERSECTION OF RADIO ROAD AND DAVIS
BOULEVARD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA (COMPANION TO
ITEM #17A)
Item #17C
ORDINANCE 2022-47: AN ORDINANCE AMENDING
December 13, 2022
Page 307
ORDINANCE NUMBER 2001-61, AS AMENDED, THE
MEDITERRA PLANNED UNIT DEVELOPMENT TO
ALLOW DEVELOPMENT OF UP TO 120,000 SQUARE
FEET OF PERMITTED USES IN THE VILLAGE CENTER
INSTEAD OF UP TO 60,000 SQUARE FEET OF NON-
COMMERCIAL USES AND 20,000 SQUARE FEET OF
COMMERCIAL USES; AND PROVIDING AN EFFECTIVE
DATE. THE SUBJECT PROPERTY, CONSISTING OF 25.8+/-
ACRES OF THE 1167.8± ACRE PUD, IS LOCATED ON THE
WEST AND EAST SIDES OF LIVINGSTON ROAD,
APPROXIMATELY ONE MILE WEST OF I-75 IN SECTIONS 11
AND 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA [PL20210001368]
Item #17D
RESOLUTION 2022-206: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE
FY22-23 ADOPTED BUDGET
Item #17E
RESOLUTION 2022-207: PETITION VAC-PL20220004852, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY
AND THE PUBLIC INTEREST IN A PORTION OF THE 7.5-
FOOT DRAINAGE EASEMENT LOCATED ALONG THE
BORDER OF LOT 53, OF PARROT CAY, AS RECORDED
IN PLAT BOOK 58, PAGE 75, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION
1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
December 13, 2022
Page 308
COUNTY, FLORIDA
Item #17F
ORDINANCE 2022-48: 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 #17G
ORDINANCE 2022-49: A PROPOSED AMENDMENT TO
COLLIER COUNTY ORDINANCE NO. 86-72, THE SABAL
PALM ROAD EXTENSION MUNICIPAL SERVICE
TAXING AND BENEFIT UNIT, TO AMEND THE
GEOGRAPHICAL BOUNDARIES OF THE MSTU TO
REMOVE THREE HUNDRED THIRTY-TWO PROPERTIES
THAT NO LONGER DERIVE BENEFIT FROM THE
MSTU’S STATED PURPOSE
Item #17H
THIS ITEM HAS BEEN CONTINUED TO THE JANUARY 10,
2023, 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
December 13, 2022
Page 309
LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
THAT REVISES THE PROCEDURES AND APPROVAL
PROCESS FOR COMPARABLE USE DETERMINATIONS
WITHIN ZONING DISTRICTS AND REQUIRES CONDITIONAL
USE OR MINOR CONDITIONAL USE APPROVAL IN
ADDITION TO A COMPARABLE USE DETERMINATION IN
ALL ZONING DISTRICTS EXCEPT FOR PLANNED UNIT
DEVELOPMENT ZONING DISTRICTS THAT EXPRESSLY
PROVIDE FOR COMPARABLE USE DETERMINATIONS, 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
TWO ZONING DISTRICTS AND USES, INCLUDING SECTION
2.03.00 ZONING DISTRICTS, PERMITTED USES, ACCESSORY
USES, AND CONDITIONAL USES, SECTION 2.03.03
COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04
INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC
AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.07
OVERLAY ZONING DISTRICTS, AND SECTION 2.03.09 OPEN
SPACE ZONING DISTRICTS, AND CHAPTER TEN
APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SECTION 10.02.06
REQUIREMENTS FOR PERMITS, AND SECTION 10.03.06
PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE
PETITIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE [PL20220000207]
December 13, 2022
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:36 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
C.e)
c•
WILLI L. McDANIEL, JR., CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
ti0111 Att st as-to Chairman's • ,�
These minutes approved by the Board on Ql j c�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 264