BCC Minutes 06/13/2023June 13, 2023
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida June 13, 2023
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: Rick LoCastro
Chris Hall
Dan Kowal
William L. McDaniel, Jr.
Burt L. Saunders
ALSO PRESENT:
Amy Patterson, County Manager
Daniel Rodriguez, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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June 13, 2023
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
June 13, 2023
9:00 AM
Commissioner Rick LoCastro, District 1; – Chair
Commissioner Chris Hall, District 2; – Vice Chair
Commissioner Burt Saunders, District 3
Commissioner Dan Kowal, District 4; – CRAB Co-Chair
Commissioner William L. McDaniel, Jr., District 5; – CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO
THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
ADDITIONAL MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER
BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE
TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE
HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC
PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10
MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS
WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO
THE BOARD’S APPROVAL OF THE DAY’S CONSENT AGENDA, WHICH IS
HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE
PLEDGE OF ALLEGIANCE.
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June 13, 2023
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER
AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE
REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE
NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT
INVOLVE A MATTER ON A FUTURE BOARD AGENDA AND MUST
CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION.
PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE
CHAIRMAN. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE
PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS
NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO
SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA
BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO
THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO
THE SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF
PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST
TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380;
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June 13, 2023
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
B. Invocation by Pastor Ed Brandt, Lely Presbyterian 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. May 9, 2023, BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) 20 Years Christal Segura - Conservation Collier
2) 25 YEAR ATTENDEES
3) 30 YEAR ATTENDEES
4) 35 YEAR ATTENDEES
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
5. PRESENTATIONS
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June 13, 2023
A. ARTIST OF THE MONTH
B. Presentation of the 2023 Judges' Award in recognition of Public Relations
Programs Public Service for the campaign "Preserve Our Paradise" to
increase knowledge of recyclable items and to change behavior by
increasing the recycling rate from the Florida Public Relations Association,
Image Awards. To be accepted by Evelyn Longa, Public Information
Coordinator II.
C. Presentation of the Collier County Business of the Month for June 2023 to
Roosters Men's Grooming Center. The award will be accepted by Brad and
Erin Hyde. Also present is Bethany Sawyer, Vice President of Membership
and Investors, the Greater Naples Chamber of Commerce.
D. Presentation regarding the Everglades restoration efforts and the C43
Reservoir project by Phil Flood, South Florida Water Management District.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to
approve an Ordinance amending the BCHD 1 Commercial Planned Unit
Development (CPUD), by adding 2.69 acres± to the CPUD; adding 130,000
square feet of indoor self-storage and reducing commercial uses from
200,000 square feet to 100,000 square feet of gross floor area. The property
is located approximately one-half mile north of Randall Boulevard on the
west side of Immokalee Road, in Section 22, Township 48 South, Range 27
East, with the entire PUD consisting of 21.82 acres. (Companion to Item
#9B) [PL20220003428]
B. Recommendation to approve an Ordinance amending the Rural Golden Gate
Estates Sub-Element of the Golden Gate Area Master Plan Element and
Rural Golden Gate Estates Future Land Use Map to revise the Immokalee
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Road - Estates Commercial Subdistrict to add 2.69± acres to the subdistrict;
to allow 130,000 square feet of gross floor area of indoor self-storage; and to
reduce commercial uses from 200,000 square feet to 100,000 square feet of
gross floor area. The subject property consisting of 21.82± acres is located
approximately one-half mile north of Randall Boulevard on the west side of
Immokalee Road, in Section 22, Township 48 South, Range 27 East, Collier
County Florida. (Companion to Item #9A) [PL20220003426]
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to award a three-year contract for Legal Services for the
Code Enforcement & Nuisance Abatement Board and Contractor Licensing
Board.
B. Recommendation to allocate $10 million from projected excess
Infrastructure Sales Surtax Funds for the purposes of constructing additional
square footage not funded by the United States Department of Veterans
Affairs Construction Grant Program for adult day health care and outpatient
therapy services for the proposed State veterans’ nursing home project and
authorize necessary Budget Amendments. (Sponsored by Commissioner
Saunders)
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Request for Professional Services (“RPS”) No.
22-8006, “Design Services for Wilson Boulevard Widening,” to Jacobs
Engineering Group Inc., in the amount of $5,400,000, and authorize the
Chairman to sign the attached Agreement. (Project Number 60229) (Jay
Ahmad, Transportation Engineering Division Director)
12. COUNTY ATTORNEY'S REPORT
A. Report to the Board on the Live Local Act, and recommendation that the
Board (1) direct Staff to prepare and bring back for Board review and
approval the Administrative Approval Process contemplated by the Act, (2)
direct staff to provide a recommendation to the Board and/or obtain a
recommendation from the Affordable Housing Committee on whether the
County should enact by Ordinance a local option affordable housing
property tax exemption to property owners who dedicate units for affordable
housing at up to 60% of the Annual Median Income (AMI), and (3) to take
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any other action deemed warranted.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN
THIS MEETING
B. STAFF PROJECT UPDATES
C. 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 final acceptance of the potable water and
sewer utility facilities for Arthrex Studio X, PL20230005106.
2) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Esplanade Golf and Country Club
of Naples Blocks “E” and “G2”, Application Number
PL20140002187; and authorize the release of the maintenance
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security in the amount of $73,410.13.
3) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities and
appurtenant utility easement for Esplanade by the Islands - Phase 2A
& 2D, PL20220004267.
4) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities and
appurtenant utility easement for Esplanade by the Islands - Phase 2B,
PL20220004268.
5) Recommendation to approve final acceptance of the sewer facilities
and accept the conveyance of the sewer facilities for Isles of Collier
Preserve Phase 16, PL20220006201.
6) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water facilities for North Naples Research & Technology Park
– Lot 13, PL20230002978.
7) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Ritz-Carlton Naples Hotel Addition – Phase
3, PL20230005425.
8) Recommendation to approve final acceptance of the potable water
utility facilities and accept the conveyance of a portion of the potable
water facilities and appurtenant utility easement for The Plaza at
Founders Square, PL20230001534.
9) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000 which was posted as a
guarantee for Excavation Permit Number PL20200001049 for work
associated with Christ the King Church.
10) Recommendation to approve and authorize the Chairman to sign a
one-year extension to the Memorandum of Understanding between the
Collier County Board of County Commissioners and the Early
Learning Coalition of Southwest Florida Inc., to provide local match
funding in the amount of $75,000 in Fiscal Year 2024.
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11) Recommendation to approve a concrete pad, an emergency generator,
and chain link fence consistent with Right-of-Way (ROW) Permit
PRROW20220733400, to enhance Pump Station 300.20, which serves
the Greater Naples Fire Station within Naples Manor.
12) Recommendation to hold a public hearing to consider vacating the 60-
foot-wide right-of-way, drainage and utility easement as recorded in
Official Record Book 1639, Page 1551, of the Public Records of
Collier County, Florida, located approximately ¾ of a mile east of
State Road 951 (Collier Boulevard) and a ¼ south of Manatee Road in
Section 10, Township 51 South, Range 26 East, Collier County,
Florida. (PL20220003815)
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) Recommendation to approve and execute a Second Amendment to
Developer Agreement with Victoria Estates, Ltd., Magpond, LLC,
and I-75 Associates, LLC (collectively referred to as “Developer”),
in order to coordinate the Developer’s project with the design and
construction of the Collier Boulevard widening project. (Companion
to Items #17A & #17B)
2) Recommendation to approve Budget Amendment in the amount of
$93,247.07 to recognize revenues received from traffic accident
reimbursements from insurance companies in Landscape Project Fund
(112).
3) Recommendation to approve an Amendment to Contract No. ARX56,
Financial Project 412666-1-88-01, State of Florida Department of
Transportation (FDOT), State Highway Traffic Signal, Maintenance
and Compensation Agreement, for maintenance of FDOT owned
traffic signal systems to be maintained by Collier County Traffic
Operations, and to approve a Resolution authorizing the Chief
Engineer of Traffic Operations to approve amendments consisting of
ministerial annual updates to the State Highway Traffic Signal,
Maintenance and Compensation Agreement (Contract No. ARX56,
Financial Project #41266618801) with FDOT.
4) Recommendation to approve and authorize the Chairman to execute
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Amendment No. 2 to Agreement 20CO2 with the Florida Department
of Environmental Protection Bureau of Beaches and Coastal Systems
Beach Management Funding Assistance Program to provide
additional State reimbursement funding in the amount of $28,382.96,
and extend the project to September 30, 2025, and make a finding that
this item promotes tourism.
5) Recommendation to approve a Memorandum of Agreement (MOA)
with the Florida Commission for Transportation Disadvantaged
(FCTD) for the continuation of the Community Transportation
Coordinator (CTC) Designation.
6) Recommendation to approve the Assumption Agreement to the
Transportation Coordination Agreement between United Cerebral
Palsy of Southwest Florida, Inc., and Collier County.
7) Recommendation to approve Change Order No. 4 to Agreement No.
19-7494, “Design and Related Services for Vanderbilt Beach Road
Widening from east of U.S. 41 to east of Goodlette-Frank Road," with
Jacobs Engineering Group Inc., to design the replacement of a privacy
wall and median modifications in a total not to exceed amount of
$78,928 and authorize the Chairman to sign the attached Change
Order. (Project #60199).
8) Recommendation to approve and authorize the Chairman to execute a
Public Transit Grant Agreement (PTGA) between Collier County and
the Florida Department of Transportation (FDOT) FM #450306-1-94-
02 to accept Federal Transit Administration (FTA) Section 5339 Bus
and Bus Facilities funds in the amount of $54,930 for the necessary
improvements to bus stops in accordance with the Americans with
Disabilities Act (ADA) within the rural areas of the County; execute a
resolution memorializing the Board’s action; and authorize the
necessary Budget Amendments.
9) Recommendation to approve an “after the fact” submittal of a 2023
Federal Transit Administration (FTA) Section 5324 Emergency Relief
Grant application in the amount of $125,690.30 to repair damages to
Collier Area Transit (CAT) facilities and recoup costs for services
rendered to assist with emergency operations as a result of Hurricane
Ian.
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10) Recommendation to award Invitation to Bid (“ITB”) No. 23-8121,
“Chokoloskee Bridge and Causeway Repair,” to Villa-Fuerte
Construction, LLC, in the amount of $210,530.00, and authorize the
Chairman to sign the attached agreement.
11) Recommendation to approve and execute the attached Amendment to
the Developer Agreement with Hogan Farms LLC, (Developer) to
correct a scrivener’s error omitting a commitment agreed to during the
prior approval.
Recommendation to execute a Public Transportation Grant Agreement
(PTGA) with the Florida Department of Transportation (FDOT) FM
#452749-1-84-01 in the amount of $491,530 providing for State
funding for eligible Collier County fixed-route transit administrative,
management, and operational expenses on the US 41 corridor;
approve an authorizing resolution and approve the necessary Budget
Amendment.
12) Authorize submission of the 47th Ave. NE Bridge Project as the
submittal for the Collier Metropolitan Planning Organization’s call for
bridge projects.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Construction Invitation to Bid (“ITB”) No.
23-8064, “North County Regional Water Treatment Plant Roof
Improvements,” to Advanced Roofing, Inc., in the amount of
$1,222,591.00, and authorize the Chairman to sign the Agreement.
2) Recommendation to authorize budget amendments in the total amount
of $3,878,350.77 to reallocate funding from completed legacy
projects, to update current receiving project numbers, and to fund
current priority needs within Water User Fee Capital Project Fund
(4012) and Wastewater User Fee Capital Project Fund (4014).
3) Recommendation that the Board approve and authorize the Chairman
to sign the attached updated Florida Department of Emergency
Management Hazard Mitigation Grant Program contract modification
number three for fifty-three (53) portable generators for modifications
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to the environmental and programmatic sections in addition to a time
extension to December 31, 2023. (Contract #H0419)
4) Recommendation to approve a First Amendment to Agreement No.
20-040-NS with Ferguson Enterprises, LLC, d/b/a Sunstate Meter &
Supply, to exercise the first one-year renewal term and revise the
Exhibit B Fee Schedule to recognize the addition of Neptune MACH
10 Ultrasonic Meter replacements for obsolete meters and price
increases on Neptune HP Protectus III meters.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to update the previously approved FY 2022-2023
State Aid to Libraries Grant Application and approve the Certification
of Credentials - Single Library Administrative Head.
2) Recommendation to award Invitation to Bid (“ITB”) No. 23-8073,
“Replacement of Waste Containers and Benches for Parks,” to Global
Equipment Inc., d/b/a Global Industrial Equipment Company Inc., in
the amount of $210,702.90 for a one-time purchase to replace
damaged waste containers and benches due to Hurricane Ian and
authorize the Chairman to sign the attached Agreement.
3) Recommendation for the Board of County Commissioners to approve
the initial allocation of Regional Abatement funds from the State of
Florida Opioid Settlement Fund in the amount of $2,628,842.15 and
authorize the necessary Budget Amendment. (Fund 1086, Project
#44059)
4) Recommendation to approve and authorize the Chairman to sign a
Community Development Block Grant - CV subrecipient agreement
between Collier County and Immokalee Fire Control District in the
amount of $33,122.18. (Grant Fund 1835)
5) Recommendation to approve the “after-the-fact” electronic submittal
of the Fiscal Year 2023 AmeriCorps September 11th National Day of
Service and Remembrance grant application to AmeriCorps in the
amount of $202,861 ($6300 in match), and allow the County
Manager, or their designee, to serve as the authorized representative
for the grantor electronic submission system, eGrants, throughout the
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grant period.
6) Recommendation to authorize the necessary Budget Amendments to
reflect the estimated funding for the Emergency Home Energy
Assistance Program in the amount of $50,000. (Fiscal Impact
$50,000, Human Services Grant Fund 1837)
7) Recommendation to accept the State Housing Initiative Partnership
Hurricane Housing Recovery Program second award in the amount of
$1,892,010 to assist eligible Collier County households whose
primary residence sustained damage as a result of Hurricane Ian,
authorize the necessary Budget Amendment, and authorize two (2)
grant funded Full-Time Equivalent positions to support program
administration. (SHIP Grant Fund 1053)
8) Recommendation to approve an extension to the Emergency Solutions
Grant-CV expenditure deadline and authorize the Chairman to sign
the Agreement between Collier County and The Shelter for Abused
Women & Children, Inc., to support shelter operations in the amount
of $15,000.
9) Recommendation to authorize the necessary Budget Amendments to
reflect the estimated funding for the Community Care for the Elderly,
Alzheimer’s Disease Initiative, and Home Care for the Elderly
programs in the amount of $1,767,779; $28,802 in co-payment
contributions and the estimated cash match of $30,000. (Fiscal Impact
$1,826,581, Human Services Grant Fund 1837)
10) Recommendation to adopt a Resolution approving the transportation
plan for acute care services for adults and children in Collier County
for the State Fiscal Years 2023-2026.
E. CORPORATE BUSINESS OPERATIONS
1) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property that is no
longer viable or was damaged beyond repair during Hurricane Ian,
and then removal from the County’s capital asset records and
notification of revenue. (Estimated net book value of $44,395.33)
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2) Recommendation to provide "after-the-fact" approval for submitting a
grant application and accepting the award for the Local Government
Cybersecurity Grant Program Contract No. DMS-22/23-269,
including Amendment No. 1 to the Contract, through the State of
Florida Department of Management Services for Cyber Security
applications and upgrades in the estimated amount of $199,500.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to award Request for Proposal (“RFP”) No. 23-
8086, “Federal Lobbyist Services,” to Becker & Poliakoff, P.A., and
authorize the Chairman to sign the attached agreement.
2) Recommendation to adopt a Resolution repealing Resolution No.
2023-42, established to enact an outdoor burning ban in the
unincorporated areas of Collier County in accordance with Ordinance
No. 2009-23, as amended, the Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance, because
drought conditions no longer exist.
3) Recommendation to award Invitation to Bid (“ITB”) No. 23-8107,
“Purchase and Delivery of Plant Material for Pelican Bay Services,”
to Hannula Landscaping and Irrigation, Inc., and SiteOne Landscape
Supply, LLC, as Primary and Secondary vendors.
4) Recommendation that the Board approve the early termination of the
Interlocal Agreement with the City of Naples for leased office space
for the Collier County Film Office at the Norris Center and authorize
the County Manager, or their designee, to sign the written notice of
the intent to terminate.
5) Resolution fixing the date, time, and place for the public hearing for
approving the Special Assessment (Non-Ad Valorem Assessment) to
be levied against the properties within the Pelican Bay Municipal
Service Taxing and Benefit Unit
6) Recommendation to adopt a Resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the Fiscal Year 2022-23 Adopted Budget. (The Budget
Amendments in the attached Resolution have been reviewed and
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approved by the Board of County Commissioners via separate
Executive Summaries.)
7) Recommendation to recognize and appropriate revenue to in Facilities
Management Division cost centers in the amount of $165,000 and
authorize all necessary Budget Amendments.
G. AIRPORT AUTHORITY
1) Recommendation to approve the submittal of the attached Federal
Aviation Administration (FAA) Airport Improvement Program (AIP)
grant application to request eligible funds in the amount of $1,791,798
for the Marco Island Executive Airport (MKY) Bulk Hangar
Construction Phase and designate the County Manager as the
authorized representative to submit the application and accept the
award electronically.
2) Recommendation to adopt resolutions authorizing execution of the
Florida Department of Transportation (FDOT) Public Transportation
Grant Agreements (PTGA) Number G2J86, FM #446362-1-94-01 in
the amount of $247,934 for the Marco Island Executive Airport
(MKY) and PTGA Number G2K13, FM #446361-1-94-01 in the
amount of $1,108,171 for the Immokalee Regional Airport (IMM) for
Fuel Farm Improvements and authorize all necessary Budget
Amendments. Airport Grant Fund (4093), Airport Grant Match Fund
(4094) and Airport Capital Fund (4091)
3) 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 Fletcher Flying Service Inc., d/b/a Coastal Air Strike, for a
corporate aircraft hangar storage facility at the Immokalee Regional
Airport.
4) Recommendation to adopt a Resolution authorizing execution of
Public Transportation Grant Agreement (PTGA) Number G2J23, FM
#452976-1-94-01 with the Florida Department of Transportation to
accept funding in the amount of $194,500 for Security Enhancements
at the Immokalee Regional Airport and authorize all necessary Budget
Amendments. Airport Grant Fund (4093), Airport Grant Match Fund
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(4094) and Airport Capital Fund Reserves (4091) (Project #33604)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence June 13, 2023.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a Budget Amendment recognizing
$1,170,000 in revenues and expenditures in the Sheriff's Office FY
2023 General Fund budget.
2) Recommendation that the Board of County Commissioners approves
the FY 2023 SCAAP letter delegating authority to Sheriff Kevin
Rambosk to be the official grant applicant and contact person, or his
designee, and to receive, expends the payment and make any
necessary budget amendments of the FY 2023 of the State Criminal
Alien Assistance Program (SCAAP) grant funds.
3) Recommendation to approve the Selection Committee’s final ranking
for Request for Proposal No. 23-8081, “Audit Services," and to
authorize staff to enter into contract negotiations with the top-ranked
firm, Clifton Larson Allen LLP.
4) 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 May 11, 2023, and May 31, 2023, pursuant to Florida
Statute 136.06.
5) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of June 7,
2023.
K. COUNTY ATTORNEY
1) Recommendation to appoint three members to the Affordable Housing
Advisory Committee.
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June 13, 2023
2) Recommendation to appoint four members to the Coastal Advisory
Committee.
3) Recommendation to appoint two members to the Collier County Code
Enforcement Board.
4) Recommendation to reappoint a member to the Contractors Licensing
Board.
5) Recommendation to appoint a member to the Emergency Medical
Authority.
6) Recommendation to appoint three members to the Water and
Wastewater Authority.
7) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement in the lawsuit styled Regina Panasuk and
Robert Catapano-Freidman v. Collier County Board of
Commissioners, (Case No. 23-CA-332), now pending in the Circuit
Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $25,000.
L. COMMUNITY REDEVELOPMENT AGENCY
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
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A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
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required to be sworn in. Recommendation to approve an Ordinance
amending the Collier Boulevard Mixed Use Commerce Center Planned Unit
Development (PUD), to increase the maximum number of dwelling units by
413 for a total of 846 dwelling units for the PUD and by changing the
Commercial Tract to the Commercial Tract-Mixed Use. The subject
property is located in the Activity Center #9 Overlay and within Special
Treatment Wellfield Zone 4 (ST/W-4), west of Collier Boulevard and south
of Magnolia Pond Drive; in Section 34, Township 49 South, Range 26 East,
Collier County, Florida, consisting of 70.00± acres; and by providing an
effective date. (Companion to Items #16B1 & #17B) [PL20210000419]
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending the Golden Gate Commerce Park Planned Unit to change the
Commercial Tracts to Commercial Mixed-Use Tracts and by adding
fabricated metal products as a permitted use in the Commercial Mixed-Use
Tracts. The subject property is located on the west side of C.R. 951 and
north of I-75, consisting of 74.2± acres in Section 34, Township 49 South,
Range 26 East, Collier County, Florida. (Companion to Items #16B1 &
#17A) [PL20210000150]
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 a Resolution to add
901± net acres to the Town of Ave Maria Stewardship Receiving Area
(SRA) and revise the SRA Town Plan and Master Plan. The subject
property consists of 5,928 acres located north of Oil Well Road and west of
Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29
East, and Sections 4 through 9 and 16 through 18, Township 48 South,
Range 29 East in Collier County, Florida. [PL20210002041]
D. Recommendation that Board of County Commissioners, Ex-officio the
Governing Board of the Collier County Water-Sewer District, adopt a
Resolution repealing and replacing Schedules One and Two of Appendix A
to Section Four of the Collier County Water-Sewer District Uniform Billing,
Operating, and Regulatory Standards Ordinance No. 2001-73, as amended,
increasing user rates for Water, Wastewater, Irrigation Quality Water, and
Wholesale Potable Water User Rates by 7.07%, with effective date of July 1,
2023.
Page 18
June 13, 2023
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
June 13, 2023
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Good morning, everybody. How
you-all doing this morning?
All right. Let's get things moving this morning. And,
Mr. Miller, I'm going to call on you to lead us in the Pledge.
MR. MILLER: Absolutely.
CHAIRMAN LoCASTRO: We're going to start with the
invocation, obviously.
COMMISSIONER HALL: The real pledge today.
CHAIRMAN LoCASTRO: Pastor, General.
Item #1A
INVOCATION BY PASTOR ED BRANDT, LELY
PRESBYTERIAN CHURCH. - INVOCATION GIVEN
PASTOR BRANDT: God, let us pray.
Gracious and almighty God, accept our gratitude for public
service, for the service rendered to Collier County by faithful and
dedicated employees. Their commitment to serving the public,
hanging in there on days when they might rather let go and their
continued service in years that become decades is greatly appreciated.
All that we can do can be a job, while the work that we could do
could be so much more.
We give thanks for those who embrace their work as a calling,
whether elected or employed, beginning a career or having one
winding down.
We ask for your blessings on our elected leaders so that their
work and collegiality may -- in a polarized world, can be a model for
others. We give thanks for the creative nature of Collier County
citizens.
June 13, 2023
Page 3
Our hearts are grateful for the gift of artwork that inspires,
provides insights, and stimulates the mind and the soul and conveys a
message to preserve this paradise.
In you, oh, Lord, paradise was lost and is now found. Give us
the creative minds and souls to be a place for hospitality that
strengthens the fabric of this incredible community.
In your name we pray. Amen.
MR. MILLER: Place your hand over your heart and face the
flag.
(The Pledge of Allegiance was recited in unison.)
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
MCDANIEL; SECONDED BY COMMISSIONER HALL -
ADOPTED 5/0
CHAIRMAN LoCASTRO: All right, County Manager.
MS. PATTERSON: Commissioners, I'll take you through the
change sheet before we move to approve the agenda.
First item, move Item 17A to 9C. This item requires that ex
parte disclosure be provided by commission members should a
hearing be held. All participants are required to be sworn in.
Recommendation to approve an ordinance amending the Collier
County Boulevard Mixed-Use Commerce Center Planned Unit
Development to increase the maximum number of dwelling units by
413 for a total of 846 dwelling units for the PUD and changing the
commercial tract to the commercial mixed-use tract.
June 13, 2023
Page 4
The subject property is located in the Activity Center No. 9
Overlay and within Special Treatment Wellfield Zone 4, west of
Collier Boulevard and south of Magnolia Pond Drive in Section 34,
Township 49 South, Range 26 East, Collier County, Florida,
consisting of 70 plus-or-minus acres and by providing an effective
date.
The next two are the companion items to that item. That's
moving Item 17B to Item 9D. This item requires ex parte disclosure.
This is a recommendation to approve an ordinance amending the
Golden Gate Commerce Park Planned Unit to change the commercial
tracts to commercial mixed-use tracts and by adding fabricated metal
products as a permitted use in the commercial mixed-use tracts.
The subject property is located on the west side of County Road
951 and north of I-75 consisting 74.2 plus or minus acres in Section
34, Township 49 South, Range 26 East, Collier County, Florida.
And move Item 16B1 to 11B. Recommendation to approve and
execute a second amendment to Developer Agreement with Victoria
Estates, Limited, Magpond, LLC, and I-75 Associates, LLC,
collectively referred to as the developer, in order to coordinated the
developer's product with the design and construction of the Collier
Boulevard widening project. Again, this is a companion item to the
prior two, 17A and 17B, which are now 9C and 9D, and they will all
be heard together at the appropriate time.
Move Item 16D2 to 11C. This is a recommend- -- or, I'm sorry.
Those items were moved at Commissioner Hall's request.
Now, move Item 16D2 to 11C. This is a recommendation to
award Invitation to Bid No. 23-8073, replacement of waste containers
and benches for parks to Global Equipment, Inc., doing business as
Global Industrial Equipment Company, Inc., in the amount of
$210,702.90 for a one-time purchase to replace damaged waste
containers and benches due to Hurricane Ian, and authorize the
June 13, 2023
Page 5
Chairman to sign the attached agreement. This item is being moved
at Commissioners -- Commissioner LoCastro's request.
And we do have court reporter breaks scheduled for 10:30 and
2:50.
With that, County Attorney.
MR. KLATZKOW: Nothing, thank you.
MS. PATTERSON: Chair?
CHAIRMAN LoCASTRO: Okay. Do I have a motion to
approve the agenda and the changes?
MS. PATTERSON: Any changes from the rest of the Board
members first, sir?
CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, do
you have any changes or --
MS. PATTERSON: Ex parte.
COMMISSIONER KOWAL: No, sir.
CHAIRMAN LoCASTRO: Ex parte?
COMMISSIONER KOWAL: Ex parte on -- for just the
summary -- I mean -- nothing on the summary agendas other than the
ones that we had moved -- or vice versa.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER KOWAL: I'm kind of confused because
everything got moved off from one to the other so -- okay. I guess I
have to -- hold on. I just want to make sure.
CHAIRMAN LoCASTRO: Okay. Commissioner Saunders,
do you have any changes to the agenda or any --
COMMISSIONER SAUNDERS: Mr. Chairman, I have no
changes and no disclosure.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: No other changes. I do have a
meeting on 17C from the summary.
CHAIRMAN LoCASTRO: Okay. And I have -- I have no
June 13, 2023
Page 6
changes on the summary. I have meetings on 17B and 17C.
So with that, do I have a --
COMMISSIONER McDANIEL: What about me?
CHAIRMAN LoCASTRO: Oh, I'm sorry. Commissioner
McDaniel.
COMMISSIONER McDANIEL: Just skipped over me, didn't
he?
CHAIRMAN LoCASTRO: We're all a little under the weather
up here today. Commissioner Kowal got us all sick, like, two weeks
ago.
COMMISSIONER McDANIEL: Somebody's a little under the
weather. Not me.
CHAIRMAN LoCASTRO: Go ahead, sir.
COMMISSIONER McDANIEL: I have no changes, and I have
one disclosure on 17C.
COMMISSIONER KOWAL: I just want to clarify. I went
back through it. So I have no changes, and I do have meetings and
emails on 17C, just like --
CHAIRMAN LoCASTRO: Okay. Thank you, sir.
COMMISSIONER McDANIEL: I'll make a motion for
approval as amended and the ex parte.
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Okay. Motion and a second. All
in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
June 13, 2023
Page 7
CHAIRMAN LoCASTRO: It passes unanimously.
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
June 13, 2023
Move item 17A to item 9C: 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 the Collier Boulevard Mixed Use Commerce Center Planned Unit Development (PUD), to
increase the maximum number of dwelling units by 413 for a total of 846 dwelling units for the PUD and by
changing the Commercial Tract to the Commercial Tract‐Mixed Use. The subject property is located in the Activity
Center #9 Overlay and within Special Treatment Wellfield Zone 4 (ST/W‐4), west of Collier Boulevard and south of
Magnolia Pond Drive; in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of
70.00± acres; and by providing an effective date. (Companion to items 16B1 & 17B) [PL20210000419]
(Commissioner Hall’s request)
Move item 17B to item 9D: 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 the Golden Gate Commerce Park Planned Unit to change the Commercial Tracts to
Commercial Mixed Use Tracts and by adding fabricated metal products as a permitted use in the Commercial
Mixed Use Tracts. The subject property is located on the west side of C.R. 951 and north of I‐75, consisting of
74.2± acres in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Companion to items 16B1 &
17A) [PL20210000150] (Commissioner Hall’s request)
Move item 16B1 to item 11B: Recommendation to approve and execute a Second Amendment to Developer
Agreement with Victoria Estates, Ltd., Magpond, LLC, and I‐75 Associates, LLC (collectively referred to as
“Developer”), in order to coordinate the Developer’s project with the design and construction of the Collier
Boulevard widening project. (Companion to items 17A & 17B) (Commissioner Hall’s request)
Move item 16D2 to 11C: Recommendation to award Invitation to Bid (“ITB”) No. 23‐8073, “Replacement of
Waste Containers and Benches for Parks,” to Global Equipment Inc., d/b/a Global Industrial Equipment Company
Inc., in the amount of $210,702.90 for a one‐time purchase to replace damaged waste containers and benches
due to Hurricane Ian, and authorize the Chairman to sign the attached Agreement. (Commissioner LoCastro’s
request)
Notes:
TIME CERTAIN ITEMS:
6/13/2023 8:43 AM
June 13, 2023
Page 8
Item #2B
MAY 9, 2023, BCC MEETING MINUTES
MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER KOWAL - APPROVED AS
PRESENTED 5/0
MS. PATTERSON: Item 2B is May 9th, 2023, BCC minutes.
COMMISSIONER McDANIEL: I'll make a motion for
approval.
CHAIRMAN LoCASTRO: Got a motion and a second.
COMMISSIONER KOWAL: Second.
CHAIRMAN LoCASTRO: Okay. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
MS. PATTERSON: Item 3 is awards and recognitions. We do
have a one today.
Item #3A
AWARDS AND RECOGNITIONS - 20 YEARS CHRISTAL
SEGURA - CONSERVATION COLLIER – PRESENTED
Item 3A1a is a 20-year award to Christal Segura, Conservation
Collier.
June 13, 2023
Page 9
CHAIRMAN LoCASTRO: Hey.
(Applause.)
CHAIRMAN LoCASTRO: I'm not feeling great, so I'm not
going to shake your hand, but thank you.
COMMISSIONER McDANIEL: Twenty years.
MS. SEGURA: Yes.
COMMISSIONER McDANIEL: She started when she was
five.
(Applause.)
Item #5A
ARTIST OF THE MONTH - CONTINUED CELEBRATION OF
THE COLLIER COUNTY CENTENNIAL – PRESENTED
MS. PATTERSON: 5A presentations. In the back we still are
continuing to celebrate our Centennial. So the Artist of the Month
continues to be the celebration of the county's Centennial. So really
interesting information there in the back.
Item #5B
PRESENTATION OF THE 2023 JUDGES' AWARD IN
RECOGNITION OF PUBLIC RELATIONS PROGRAMS PUBLIC
SERVICE FOR THE CAMPAIGN "PRESERVE OUR PARADISE"
TO INCREASE KNOWLEDGE OF RECYCLABLE ITEMS AND
TO CHANGE BEHAVIOR BY INCREASING THE RECYCLING
RATE FROM THE FLORIDA PUBLIC RELATIONS
ASSOCIATION, IMAGE AWARDS. TO BE ACCEPTED BY
EVELYN LONGA, PUBLIC INFORMATION COORDINATOR II.
– PRESENTED
June 13, 2023
Page 10
That brings us to Item 5B. This is a presentation of the 2023
Judges' Award in recognition of public relations programs public
service for the campaign "Preserve Our Paradise" to increase
knowledge of recyclable items and to change behavior by increasing
the recycling rate from the Florida Public Relations Association
Image Awards. To be accepted by Evelyn Longa, Public
Information Coordinator II, Public Utilities.
Congratulations.
(Applause.)
COMMISSIONER McDANIEL: Recycle.
CHAIRMAN LoCASTRO: Props.
(Applause.)
Item #5C
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JUNE 2023 TO ROOSTERS MEN'S
GROOMING CENTER. THE AWARD WILL BE ACCEPTED BY
BRAD AND ERIN HYDE. ALSO, PRESENT IS BETHANY
SAWYER, VICE PRESIDENT OF MEMBERSHIP AND
INVESTORS, THE GREATER NAPLES CHAMBER OF
COMMERCE. – PRESENTED
MS. PATTERSON: Item 5C is presentation of the Collier
County Business of the Month for June 2023 to Roosters Men's
Grooming Center. The award will be accepted by Brad and Erin
Hyde. Also present is Bethany Sawyer, vice president of
membership and investors, the Greater Naples Chamber of
Commerce.
Congratulations.
June 13, 2023
Page 11
MR. HYDE: Thank you.
(Applause.)
CHAIRMAN LoCASTRO: Free haircuts for everybody in the
audience, right?
MR. HYDE: Just a discount. Rent just went up, by the way.
Yeah. Good morning. I'll be very brief.
Thank you for this opportunity. Very, very grateful to the
Chamber. They've been an integral part of our success from day one
when we moved down here from Michigan to open up these two
beautiful Roosters Men's Grooming Centers, both in Naples today.
One is at Airport-Pulling and Vanderbilt Beach, which is at the
Galleria Shoppes, and then we have a newer one down at Golden
Gate Parkway and 41 where the PGA store is. A lot of men know
where that is.
The other thing I want to mention, I can't help the men in your
life lose weight, but definitely, after you get a haircut or a shave with
us, you're going to feel great and look great. So that I can guarantee.
Thank you to the commissioners, again, to the Chamber, to my
beautiful wife.
We also, when we moved down, wanted to be part of the
community and participate with philanthropy and so forth, so we've
done a lot with Avow Hospice and then also St. Matthew's and then
Goodwill. So we don't want to take from the community. We want
to give back and really do good things for the area. So thank you
very much.
CHAIRMAN LoCASTRO: Thank you, sir.
(Applause.)
Item #5D
PRESENTATION REGARDING THE EVERGLADES
June 13, 2023
Page 12
RESTORATION EFFORTS AND THE C43 RESERVOIR PROJECT
BY PHIL FLOOD, SOUTH FLORIDA WATER MANAGEMENT
DISTRICT. – PRESENTED
MS. PATTERSON: Item 5D is a presentation regarding the
Everglades restoration efforts and the C-43 reservoir project by Phil
Flood, South Florida Water Management District.
Welcome, Mr. Flood.
MR. FLOOD: Thank you, and thank you so much for giving
me the opportunity to give you an overview of Everglades
restoration.
COMMISSIONER McDANIEL: I'm not quite sure this is an
opportunity, sir. It took an arm-twisting to get him to come here.
Thank you for --
MR. FLOOD: I'm here though, right?
COMMISSIONER McDANIEL: Yes, sir, you are. I
appreciate it.
MR. FLOOD: If I could, I'd like to recognize -- we have our
governing board member and the chairman of the Big Cypress Basin
here in the audience today. Colonel Charlette Roman, and we also
have --
(Applause.)
MR. FLOOD: And we also have Lisa Koehler, the director of
the Big Cypress Basin over here, so...
So if I could, just a little -- quick little background. As most of
you-all know, we've been altering our landscape since we've been a
state, ditching and draining the state. And following some major
storms in the 1940s, the State of Florida asked the federal
government for assistance in some flood control, and they came
down here, and they constructed what's known as the Central and
South Florida system, and it consists of about 2,100 miles of canals
June 13, 2023
Page 13
and some 1,500 water control structures located throughout Central
and South Florida, and it had just a significant impact to our
environment. It just dramatically altered Lake Okeechobee, our
coastal estuaries, and the entire Everglades systems.
If you look at these drawings, or the graphics over here, you'll
see water used to sheet-flow down through the Kissimmee basin and
Lake Okeechobee and then flow down through the Everglades off the
tip of the state down into Florida Bay.
Following all the alterations that we make, the Kissimmee
River's channelized and now flows directly into Lake Okeechobee.
All the development around the lake and on the East Coast limits
where that water can go, and much of it is shunted out to the East
Coast and the West Coast throughout our coastal estuaries.
So we saw some substantial modifications to the environment.
We -- the floodplains, the natural storage we used to have is largely
eliminated, large portions of it, and along with that, that would
recharge our aquifers that are utilized.
We saw all this water being shunted out to tide, damaging our
estuaries with too much nutrients and sediments and such and just an
overall disruption of the entire ecosystem in Central and South
Florida, significant water impacts as well as impacts to our native
species.
So in response to that, as an effort to try to address that we,
again, went to the federal government, and the State of Florida
worked with the Corps of Engineers to develop what's known as the
Comprehensive Everglades Restoration Plan. It was authorized in
2000. And the purpose of it is to try to restore our Central and
Southwest Florida ecosystem.
It's all about the water. It's all about getting the right amount of
water at the right locations at the right time, make sure we have the
right quality and the right quantity. And it's -- and it's also all about
June 13, 2023
Page 14
sustainability, making sure that there's sufficient water, and not just
for our residents and tourists but for agriculture, for commercial and,
most importantly, for the environment as well. And the plan consists
of some 68 different components and -- with multiple projects within
that.
So if you look at this graphic here again, you can see what the
current situation is where most of that water's going out to tide, to the
coast. The plan for Everglades restoration is to try to get as much
water as we can back to where it used to go, down into
Everglades -- down there at the Everglades. And we're going to do
that through a whole suite of projects.
We've got a large-scale restoration project such as the Picayune
Strand project here in Collier County where we're literally going to
try to re-establish that sheet flow through there and rehydrate those
wetlands. We have large-scale above-ground storage reservoirs.
The idea behind those reservoirs is to -- during the rainy season when
there's too much water flowing into the lake or flowing into our
estuaries, we'll capture that water, store that water, and then during
the dry season, when the environment needs it or the communities
need that for agriculture, for drinking water, we then will release that
water.
We also have a whole series of stormwater treatment areas.
Those are man-made marshes, large-scale filter marshes where we
use plants to take nutrient-laden water, clean it through these
stormwater treatment areas, and then release that water back into the
environment, down into the Everglades or out to the coast or into the
lake itself.
A result of all this -- of us moving water around, there's a
number of seepage management projects to protect flooding on
adjacent properties and minimize impacts to residents and
agriculture.
June 13, 2023
Page 15
And then aquifer storage and recovery is a big part of this. For
those of you-all who aren't familiar, aquifer storage recovery, or
ASR, is taking surplus freshwater, you clean it to drinking-quality
standards, and then pump it underground and store it in a brackish
aquifer. The freshwater forms a bubble down within that brackish
aquifer, and then when you need that water during the dry season,
you pull that water up, you make it available, put it back into the
environment, use it for agriculture or drinking waters.
And then there's several other alternatives or projects that we'll
be working on as well.
But in order to be successful, we focus everything -- all these
projects are all geared around -- or all focused around the science.
We rely upon all the research that we do. We look at the needs of
the environment and look at the needs of the communities and such,
and we develop these projects, engineer these. And we do it through
collaboration with our partners. We work closely with all the local
governments in the areas. We work with the state and federal
governments to try to pull together all the science and the best
information, and we also work with the private sector and private
entities on this.
But as most of you-all know, everything -- in order to be
successful, a lot of it ties to the funding. And Everglades restoration
has been a series of highs and lows. When the economy's good, lots
of money comes from the federal government and from the State of
Florida, and we can really start moving along and implementing
those projects. When things aren't so good, it starts to taper off, and
we start -- start slowing things down.
But we've been extremely fortunate to have Governor DeSantis
who was elected four and a half years ago, and on his second day
of -- in office, he set the stage. He set the tone out there for the
environment. He made a commitment through an executive order
June 13, 2023
Page 16
directing the State of Florida and, in particular, our agency to address
our environmental concerns and expedite Everglades restoration
projects. And through his leadership and the support of the Florida
Legislature, during his first four years, they appropriated $2.3 billion
for the environment, and over half of that, 1.7 billion, was directed
specifically at Everglades restoration.
As a result of that, we've been going gangbusters. We've been
having ribbon cuttings and groundbreakings on projects and pieces of
projects all across the state over here. This one map shows some of
the key projects that we're focused in on right there.
The Governor, of course, was just recently elected and, again, on
his first or second day, he said, we're going to do more, do it even
better. And so he's made a commitment of even more money over
his next four years.
So through his leadership and the legislature we are -- we are
poised to do great things right now, and we're really starting to see
that success after four years of good funding and leadership.
So let me tell you about the projects, and I'm going to start north
of the lake. You can see this graphic right here shows our projects
that are underway up there. Some of the key projects is the
Kissimmee River restoration. We've got a big project called the
Lake Okeechobee watershed restoration project. All those little
purple -- purple spots on the map, those are public/private
partnerships where we pay -- we pay farmers and ranchers to store
water on their property through our dispersed water management
project.
So let me tell you a little bit about the Kissimmee River. So
it -- it was -- it used to be a 103-mile meandering river from Lake
Kissimmee down to Lake Okeechobee, and then in the name of flood
control, the Corps of Engineers converted it into a 60-mile ditch,
which captures all the water in the floodplain, runs the nutrients and
June 13, 2023
Page 17
sediment right into that canal, right into Lake Okeechobee. Needless
to say, significant impacts to the environment. The whole river
system just collapsed. Lake Okeechobee is being overwhelmed with
nutrients and such.
And so we worked with the Corps of Engineers. We identified
areas about -- probably a third or more of the river where we could go
back and restore it where people hadn't moved into the area. So we
can continue to provide flood control through a portion of the canal
but restore the river channel itself. And so we've been able to
backfill 22 miles of the canal, restore 44 miles of the river, and now
we have over 40 square miles of floodplain habitat that's been
restored.
And if you just look at the pictures, it just tells it all right there.
The before and after -- after shots. Here you can see the floodplain
during the rainy season where it's doing what it's supposed to do.
Water's being stored up there in the floodplain, slowly making its
way down into Lake Okeechobee, rehydrating the soils up there,
recharging the aquifer, just creating just incredible habitat up there.
So we've seen just great things as a result of the Kissimmee
River restoration. We just wrapped it up at the Corps of Engineers
here within the last year and just seen a complete rebound of the
ecology up there and the water supply. So a great, great project.
We have another one that we just recently kicked off, a big one
up there called the Lake Okeechobee Watershed Restoration Project.
And the purpose behind this project is water storage and making sure
that we can have water to be available for use for the environment
and for the farmers and people that need water up there in the dry
times. And it's all about trying to make the lake levels -- try to do a
good job maintaining those lake levels so that there's not damaging
discharges out to the estuaries.
So we're going to do this through two primary components here.
June 13, 2023
Page 18
One is a wetland restoration project. The District is buying
6,000 acres. We're going to restore a portion of the floodplain. But
the biggest part of it is the storage wells. We've got 55 storage wells
located around the north shore of Lake Okeechobee and along the
Kissimmee River. And, again, we -- the idea here is we'll capture
the water during the rainy season when there's a surplus of water,
grab that water, pump it underground -- clean it first, pump it
underground, store it there, and then during the dry seasons, when we
need water in the lake or the estuary, the farmers or the water supply
folks will pull that water out and make that available. So another
great project that's underway there.
And then I threw in a slide here about one of our public/private
partnerships. This is one located on the west side of Lake
Okeechobee. It's with Lykes Brothers. And what we've done is we
entered into a contract with them in 2015. They used 16,000 acres
of their land, kept that land on the tax rolls. They built a shallow
impalement [sic] over there. So it's a small dam that goes around the
1,600 acres and some pumps.
And when Lake Okeechobee starts getting high and it's looking
like the Corps' going to have to make discharges to the estuaries,
we'll direct them to turn the water on. They pump that water up,
they store it on -- in this -- the shallow reservoir, and just let that -- let
that water sit there. Let it evaporate. Let it perk down, recharge the
aquifer. And this is just a great -- a great project. We have a
number of these scattered around north -- north of the lake, and
they're intended as interim projects until such time as we can finish
Everglades restoration, till we can get all of our other key projects
constructed.
And so we pay them to store water on their property. They
keep it on the tax rolls. They continue to use it throughout the year.
And then we get some side benefits, because any -- every water that
June 13, 2023
Page 19
we take out of the lake is nutrient-laden water, and so we keep that
out of the lake and potentially out of our estuaries.
South of the lake is where a lot of the action has really
happened. We have dozens of projects to the south, as you can see
on this map. The key projects are the EAA reservoir and a
stormwater treatment area. We have a restoration strategy project,
which is those kind of turquoise-colored projects you see on the map.
Those are man-made filter marshes, and they take water from Lake
Okeechobee and water from out of the Everglades agricultural area,
clean that water, and then send it south.
And then the Tamiami Trail project, which some of you-all are
familiar. We're partnering with DOT to raise portions of the road
with bridges and then increasing water flow under the trail and
removing portions of the old Tamiami Trail that's an impediment.
But the big one, one of the Governor's key priorities, is the
Everglades Agricultural Area Storage Reservoir, and it has a
companion stormwater treatment area adjacent to it. This is a large
aboveground reservoir. It sits on 10,500 acres, and it's going to store
water 23 feet deep.
The idea is we'll take water coming out of Lake Okeechobee or
out of the -- during the rainy seasons, store that water in the reservoir.
When it's needed to the south, we'll run that water through the
adjacent stormwater treatment area. That's a 6,500-acre filter marsh
that will clean the nutrients out of that water and then send that water
south into the Everglades.
The Corps of Engineers is building the reservoir. I know the
schedule says 2028, but the real -- the new number is 2030,
unfortunately, but the District is building the stormwater treatment
area, and we are -- we are scheduled to have that wrapped up here at
the end of this year. And we'll be able to put that in operation.
Even without the reservoir there, we'll be able to take water coming
June 13, 2023
Page 20
out of the ag areas in Lake Okeechobee and clean it and send it to the
south. A tremendous project, very, very important.
But hitting close to home here is our Picayune Strand project
right here in our own backyard. This is a tremendous project. I'm
sure you-all are familiar with it. It's located south of I-75, a former
subdivision where the developers came, and they constructed four
large canals that all funnel into one that discharges down to the Port
of the Isles down there, and that significantly altered the landscape
over there. Water that used to naturally sheet-flow down and feed
the Ten Thousand Islands is now all ditched and drains. The
wetlands are largely gone. And it funnels all that discharge into one
location, essentially blowing out the area down there.
So this project necessitated buying up all those lands and
plugging 42 miles of canals, removing 285 miles of road,
just -- pretty significant, and then constructing three pump stations.
Now, those pump stations, they take that water that comes down
through the canals out of -- from under I-75, and it disperses that
water across the north end of the project area so that water can then
sheet-flow and go -- put it back the way it used to be where that water
will naturally sheet-flow all the way across, down to the Ten
Thousand Islands.
There's also a component to protect the agricultural interest
down on the southwest corner of the property. It's the southwestern
protection feature. And then we had to do a mitigation -- manatee
mitigation feature down in -- south of Port of the Isles as well.
I'm happy to say that all three of the pump stations are
completed, and two of them are actually in operation, and we're
seeing just, you know, tremendous success so far in those -- the
portion of the property -- of the project that's actually operational.
You can see a couple pictures of the pump station sending some
water out, spreading that water across the landscape and letting it
June 13, 2023
Page 21
flow down to the south.
The manatee mitigation feature is completed, and the Corps of
Engineers is working on plugging the canals and the roads, and that
will be completed by 2024, and at that same time, we should finish
up the southwestern protection feature as well.
And then the entire project is slated to be completed by 2025,
and at that time we'll have over 55,000 acres of native wetlands and
uplands that will have been restored. And we're going to have
re-established that flow to improve the water quality and improve the
environment down there in the Collier-Seminole State Park, the Ten
Thousand Islands National Wildlife Refuge, and Rookery Bay.
St. Lucie Estuary, I'm not going to spend a lot of time since
that's that other coast over there. But we have similar projects over
there. We've got a large-scale reservoir that was recently completed.
We have a number of dispersed water storage projects on private
land, and we have another reservoir that's starting the planning stages
there as well.
But let me tell you about what's really going to help us on the
West Coast over here, and it's our work on the Caloosahatchee River
and estuary. It's the big C-43 reservoir and the Lake Hicpochee
Hydrologic Enhancement Project. Lake Hicpochee is -- actually, it's
not really a lake. It used to be a 6,000-acre lake. Now it's a
6,000-acre marsh.
Back in the 1800s, Hamilton Disston decided it was a good idea
to connect the Caloosahatchee River with Lake Okeechobee, and so
he constructed a large canal to connect it, and that makes a lot of
sense back in the time, for commerce and for flood controls and
drains off some of those lands for agricultural purposes and
development. And when he did that, the lake went from a lake to a
6,000-acre marsh.
So -- and then also, as part of the Central and South Florida
June 13, 2023
Page 22
project, there's a canal that runs north and south that flows directly
down into the canal right across the north shore of Lake Hicpochee,
and that captures agricultural runoff as well as stormwater runoff
from the City of Moore Haven, which is right here on the corner of
the picture here.
And so what we did is we acquired about 7 -- a little over
700 acres and built a shallow impalement up there along with a pump
station. And then along the north face of the shore we built what's
known as a spreader canal, and it's about a mile and a half long, and
it's a canal that's plugged on either end. And the one side of the
canal is lower than the intake side.
And so you fill the canal up with water, and it spreads out
throughout the canal, and then it sheet-flows out of the canal and runs
across the north face of Lake Hicpochee. It rehydrates the marsh.
It cleans that water so the nutrients will be removed -- some of the
nutrients will be removed from the vegetation before it gets into
the -- into the river and ultimately out to the estuary. So we have a
water-quality and water-storage project that's been working very,
very successfully out there since it was completed in 2019.
Working so well that we bought the adjacent 2,500 acres. We
were approached by some landowners, and we said, absolutely, let's
do this. And so we're going to be able to build an additional storage
feature out there and do it -- use it -- continue to use it to do some
nutrient removal.
It's currently under design. We hope to go to construction the
first of next year and be completed in December 2025. Just a great
project. It's water storage and water treatment in the Caloosahatchee
watershed.
But the big one, the one that's really going to make a big
difference for the river and the estuary and the Gulf of Mexico is the
C-43 reservoir. This one's a longtime coming. We had it -- we had
June 13, 2023
Page 23
it all ready to go in 2000 but waiting on the federal government to get
all the authorizations and funding in place, and it just never -- it took
forever. So in 2015, then Governor Scott directed the Water
Management District to build this -- to build this thing, and so we got
started with the very beginnings of it in 2015.
But it's located right in the center of the watershed between Lake
Okeechobee and the Gulf of Mexico. It's right off of the
Caloosahatchee River there off of State Road 80. And this thing, it's
massive. It's 18 square miles. It's six miles across. The next time
you drive, see how far six miles is. The reservoir goes from -- it's
six miles across, three miles north and south, and it's just a substantial
feature. It's so large we had to put a divider down the middle of it to
attenuate some of the wave energy. The winds could generate waves
that could overtop the dam. And so for one of the reasons, we put a
separator dam in there.
But the purpose of this one is during the rainy season, because
of all the ditching and draining, there's too much freshwater going to
the estuary, and also the Corps compounds it with lake discharges.
So the idea is to capture lake discharges and excess basin runoff, hold
it in the reservoir during the rainy season, to try to attenuate too much
freshwater in the estuary. Then in the dry season when the estuary
needs freshwater, we'll release it.
So it's a pretty significant structure. As I mentioned, it's got
19 miles of dam embankment around it. It's got 14 water control
structures and two big pump stations.
And the slide is not working. There we go.
And so this just kind of shows you the cross-section, what the
dam's going to look like, give you an idea. It's going to range in
height from 27 to 38 feet high, and that's because of the slope to the
property over there. It's a massive structure. While the crest of the
dam is only 14 feet, the base of it averages over 300 feet, the length
June 13, 2023
Page 24
of a football field, the base of this thing over here. And it's
considered a high-risk dam, and so it has a number of safety features
built into it there to protect the environment, or to protect any failure
from -- and any of the neighbors around there.
So this project is under construction. We had a little hiccup and
had to fire our major contractor, but the District has picked up work
out there, and we're continuing to move forward on it, so we're
looking at -- and trying to be done with this thing in 2025 or 2026.
But this current year, with the leadership of the Governor and
the Legislature, they've -- he's well on his -- the Governor's well on
his way in meeting his goal of 3.5 billion for the environment,
because Everglades restoration itself got some $600 million. And so
you can see the kind of money that we're getting.
The map shows -- on the right it shows all of the projects we
have underway right now. And so we've got -- we've got the funding
to continue to march forward and kind of continue to make progress
so that we'll continue to see, you know, a healthy environment out
there and have water supply for all of us into the future.
And with that, I'll leave you with another beautiful picture of the
Kissimmee River channel when it's full of water and showing you
kind of what restoration can do over there.
And if anybody has any questions, I'll be more than happy to
answer them. And I greatly appreciate you giving me the
opportunity to share this incredible work that our incredible team
does.
CHAIRMAN LoCASTRO: Questions?
COMMISSIONER McDANIEL: I have a comment. And I
just want to say thank you. I serve in a lot of different capacities.
I'm on the coalition of counties with regard to Lake Okeechobee, and
I saw you over there a couple of weeks ago in Okeechobee proper.
And I welcome my colleagues to get involved with what's, in fact,
June 13, 2023
Page 25
transpiring.
What's coming fast and furious at us is the WERP program that
he -- Mr. Flood -- I said "he." Mr. Flood regularly talked about the
CERP program because the funding's predominately in place, but the
WERP program, the Western Everglades protection plan is coming at
us hard and fast. The funding -- they're talking about the funding.
And as soon as that gets cut loose, we're going to see an enormous
amount of construction and efforts happening on the West Coast.
And I see these presentations from Mr. Flood and the District on
a regular basis, and I'm also on the board of trustees and the
executive board for the CREW, the Corkscrew Regional Eco
Watershed, as well as I live, personally, in Corkscrew Sanctuary. So
water is of paramount for all of the State of Florida.
And as we continue to grow, knowing that we have enough
water to be able to protect our environment and our people and our
four-legged friends all at the same time, it's imperative.
And I can't thank you enough for coming and sharing what's
going on. That was a force-feed with a fire hose as far as what's, in
fact, going on.
But there's a lot of really, really exciting things transpiring.
And I welcome you to come to these meetings, come to -- get
involved with what's, in fact, transpiring so that we have a say-so as
to what's going to, in fact, transpire with the WERP side -- with the
Western Everglades side of the restoration efforts of the District and
the State of Florida.
MR. FLOOD: And I will just jump in there. WERP is a part
of Everglades Restoration. It is part of CERP. And I didn't talk
about it because we're in the planning phases of it. But it is moving
forward, and, as you said, absolutely we want to -- we want the
public to be involved so we can get these projects right, so...
COMMISSIONER McDANIEL: Absolutely.
June 13, 2023
Page 26
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I really appreciate the presentation as well. It brings back a lot
of old times for me because you mentioned the Comprehensive
Everglades Restoration Program. I did the legislation with Governor
Bush back in 2000, and funding was always difficult, but at least it
got things started.
And I really appreciate looking at the pictures of the Kissimmee
River channel, because that was a piece of legislation that I worked
on. That was the -- they called that the Northern Everglades
legislation. I filed that legislation and worked on that.
And the idea was to do what you've got here, and it's just great
to see these photographs. So I know that sort of ages me a little bit.
I've been around a while, but to see this is really remarkable, and I
appreciate it.
MR. FLOOD: It's fulfilling, isn't it, to see all that work, years
and years -- decades ago, so -- but we need to get you up there and go
see it firsthand.
COMMISSIONER SAUNDERS: Anytime.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chair.
Thanks, Commissioner Saunders, for all your work in 2000. I
was in eighth grade.
COMMISSIONER SAUNDERS: Thank you, Commissioner
Hall. I appreciate that.
COMMISSIONER HALL: No, seriously.
CHAIRMAN LoCASTRO: I think your math is off. I just did
the math. I don't think that works out.
COMMISSIONER McDANIEL: How are we going to vote on
17A?
COMMISSIONER HALL: This was impressive. And I
June 13, 2023
Page 27
appreciate your efforts. I appreciate all the thinking, all the
planning, all the work, all the taxpayer money. It's not in vain, and
you can see in that picture right there the fruit of it. And I just want
you to know, job well done. Keep it going. We appreciate it. You
know, the public doesn't know -- I had no idea that all this was going
on, and it's most impressive. So thanks again.
MR. FLOOD: Thank you. I'll share those comments with the
staff, because I'm certainly not doing all this work.
CHAIRMAN LoCASTRO: I've got a couple questions,
Mr. Flood. On C-43 reservoir, so that project has already started,
but it's going to take a couple of years. What's the completion date?
MR. FLOOD: Yes, sir. Well, we're likely going to be 2025.
We had an issue with the contractor. They got very, very behind
schedule, and so we ended up terminating the contract.
And so now we've taken on that work and continue to move
forward on it. But it's such a massive reservoir. When you get out
there and you see it, you understand it. There's nearly 300 people
out there working on the project. There's over 250 pieces of heavy
equipment moving dirt around and everything. So it's just -- it's the
scale of these projects is why it takes so long.
CHAIRMAN LoCASTRO: What was the problem with the
contractor? I mean, we're transparent up here. And, like you said,
you know, you had a bad contractor. What's the short version?
What happened?
MR. FLOOD: They just continued to get farther and farther
behind. Every month they were getting several weeks behind.
They had a couple of issues. You know, it's -- they complained
about the weather. They complained about workforce and such.
But they knew what they were getting into in all this over here.
But they continued to get farther and farther behind, and we just
couldn't have that. The reservoir is just too important to the public,
June 13, 2023
Page 28
too important to the environment, to our economy, and so we needed
to -- needed to move forward. And so they had slipped nearly a
year -- well, a little over a year behind in the schedule, and so we
want to try to get back on track, so...
CHAIRMAN LoCASTRO: You made the comment that once
it's functional, then water will be collected, and then during the dry
season, then, that's when you'll be able to release it.
The question we get a lot of times from citizens who maybe
don't follow this as closely, but their question does have merit, is,
when we just collect water generically and we collect water all the
time and hold it for, you know, eventual release, while it's being held
in the C-43 reservoir -- and, like you said, that's going to be
massive -- is it regularly tested so that, you know, when you get
ready to release it, that something hasn't happened to that water or
you've collected something that had some sort of negative runoff?
Because we hear that a lot from citizens who say, oh, you know,
when you lifted the door and released the water, then, you know, it
made red tide 10 times worse or it caused some other kind of
problem. While that water is being held for a significant amount of
time, things can happen to it.
MR. FLOOD: Sure.
CHAIRMAN LoCASTRO: Do you know offhand --
MR. FLOOD: Oh, yeah.
CHAIRMAN LoCASTRO: -- while it's being stored?
MR. FLOOD: Absolutely. Well, we'll certainly, you know,
monitor conditions in there. But we will be treating that water as it
goes in there, so we'll be removing some of the nutrients. So it won't
be as nutrient-laden as the water that's coming down the river now.
So what's released will be cleaner than what would have been going
out there to the estuary.
We'll continue to monitor it. We'll be releasing it. We'll be
June 13, 2023
Page 29
collecting it through the summer with the hottest point -- time of the
year. That's when you'll see, you know, algal blooms and that sort of
thing, but we'll be releasing it during the -- during the cooler months
where you don't see that sort of algae.
But we'll be monitoring that. There's things that we can do in
the event an algae bloom was to start, if it was to happen. But we
also have the opportunity of releasing water from the top of the
reservoir or down at the bottom of the reservoir. So the cooler water
will be down there, and that likely would be -- we wouldn't see any
nutrients down there or any algae down there.
So we can certainly -- we'll be monitoring those sort of things.
But it will be cleaner water coming down into the estuary then.
CHAIRMAN LoCASTRO: That's what I was hoping to hear.
Commissioner McDaniel, and then Commissioner Kowal.
COMMISSIONER McDANIEL: Just one quick question.
And it's south. I mean, all of the efforts are for water quality and
quantity and such north of the -- and west of the lake. But south, I
regularly refer to 41 as the damn dam.
MR. FLOOD: Yep.
COMMISSIONER McDANIEL: And the water quality and
sheet flow coming out of the Picayune is imperative. Has any work
been done -- I know we have -- I think I got a report yesterday with
regard to some enhanced culverts that the Corps is working with us
on on State Road -- or County Road 92 for water flow out of
there -- but enhancement of the bridges along 41. We all know
driving on 41, you bust along and come to a bridge and then come
back out again and bust along and come to a bridge. So there's not
only a human constraint on 41, but there's also a water constraint for
getting freshwater out of the Picayune once the entire propagation
with the pumps has started.
Has there been any work done on that segment, and can we help
June 13, 2023
Page 30
you with the Department of Transportation, both the state and the
feds, because that's a U.S. highway?
MR. FLOOD: Yep. Yeah. I would actually have to defer to
our folks about that. I'm certain that through the engineering of this,
knowing how much water's going to be released, how much is going
to come through, that we already have in place, you know, the
sufficient flows to go down through there. But I will certainly go
and check and see if there's anything that we -- any additional work
that needs to be done.
You can always, you know, make improvements out there.
You get a lot of vegetation, you know, that will start growing up
there over time, and so maintenance of those culverts and such is a
really, really big important part. As you know, maintenance of any
facility -- any kind of infrastructure that you build out there, but --
COMMISSIONER McDANIEL: Well, once we start -- once
the southwest --
MR. FLOOD: Protected features.
COMMISSIONER McDANIEL: -- thank you. The southwest
protection structure is completed, then that -- the merit pump will
kick on.
MR. FLOOD: Exactly.
COMMISSIONER McDANIEL: And we'll be moving water to
the east -- or back to the west that will flow down through there. So
I just want to -- there again, I want to make sure that we have the
necessary sheet flow coming out.
MR. FLOOD: Absolutely. And that's why it's so important to
collaborate with other partners on all this. Working with DOT,
working with you-all, working with communities out there,
understanding the lay of the land, and working with them to help to
facilitate the construction of these things. So we'll definitely take
you up on your offer if there's some assistance we need down there.
June 13, 2023
Page 31
COMMISSIONER McDANIEL: Please do so, sir. That's an
imperative feature for people traffic at the same time, and we don't
want to -- we don't want it to end up being a stopping point for that
sheet flow coming out, so...
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Well, thank you, Mr. Flood, for
your presentation. It was quite informative.
My question is, I believe we have some -- with our Conservation
Collier, we have a few lists coming to us -- and I know -- I think it's
11B or 12A possibly -- in the near future. Don't quote me on the
exact list. But I know there's a large parcel in there that's got a price
tag of about $29 million, and just from my layman's -- you know,
looking from outside in -- and I'm not versed like you are -- but I
think there's a section in there or large parcel, it's about $29 million,
that's on the list that -- when I look at it, it seems to be a crucial piece
to connect the north to the south with what you're talking about. So
I don't know if you're familiar with that or --
MR. FLOOD: I'm not, I'm sorry that I don't. But I believe that
most of the lands that we need we've already acquired for these
specific projects, and it doesn't mean that there's not, you know, a
need for conservation or for other projects outside of ours over there,
so...
COMMISSIONER KOWAL: Yeah. It just seems like there's
a section in there that will keep that flow all the way down into the
south blocks and then continue this to, you know, a point to
where -- I know I went to a few meetings in the past, and we talked
about having one of these natural aquifers where it naturally filters
below 41, I think, moving to an area maybe in the state park called a
bicycle seat or something like that, because it's a natural area that's
high in elevation that could be used, possibly, in the future, you
know, with that watershed on that side of the county running south.
June 13, 2023
Page 32
So I don't know -- it seems like it's in line with all that too, so...
MR. FLOOD: Certainly. And you've probably been in touch
with Lisa at the Big Cypress Basin. You know, they work closely
with the communities on trying to develop water storage, water
treatment projects outside of our projects over here, and so I'm sure
we can certainly --
COMMISSIONER KOWAL: Like Commissioner McDaniel
said, this would probably be a good one, maybe we can get together
and figure out maybe something to help us all down the road.
MR. FLOOD: Absolutely.
COMMISSIONER KOWAL: All right. Thank you.
CHAIRMAN LoCASTRO: Well, thank you, sir, for your
presentation. I also want to -- on behalf of all of us, again, also
acknowledge Charlette Roman and all the great work that she's done
here for the county. And Lisa Koehler is an incredible resource for
all of us. You know, you bump into her in the halls all the time up
here, and so I know that we all reach out for her just -- you know, if I
have a water question, I don't even know exactly what her business
card is, but I'll just call her because, you know, she's always at the
other end of the phone very quickly and keeping us updated on a lot
of things. So you've got a great team and thanks.
MR. FLOOD: She's tremendous.
CHAIRMAN LoCASTRO: You know, I would just say in
closing, that C-43 reservoir project is huge. Don't miss the
opportunity to keep us updated. And it doesn't necessarily need to
be coming to the podium, but just through Lisa or send us a note,
or -- it would be nice to know that that project is on budget, on time.
You know, we cut a ribbon on that thing, and, you know, as we
talked yesterday on the phone, yeah, some shout-outs to the folks in
Tallahassee, past (indicating) and present, for the great work that's
been done, but now, you know, we can't waste that money.
June 13, 2023
Page 33
And so a lot of money's coming to us, and it would be -- it
would be, you know, a sin if, you know, we cut a ribbon super late
and had another bad contractor and that reservoir didn't do all the
things that the Governor and his staff is needing it to do. And so,
obviously, you don't want to disappoint.
Thank you, sir. Appreciate it.
COMMISSIONER McDANIEL: Appreciate it.
CHAIRMAN LoCASTRO: Okay. Mr. Miller, do we have –
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. MILLER: Yes, sir, Mr. Chairman, we have two registered
speakers under public comment. Your first speaker is Marco Island
City Councilman Blonna. He'll be followed by Douglas Fee.
COUNCILMAN BLONNA: Good morning, gentlemen. I'm
speaking as an individual, not for the Council this morning.
I just wanted to read something that I wrote. When I was
elected to Marco Island City Council in 2020, I promised myself that
I would govern by four principles.
One, I would support legislation to protect the health, safety, and
general welfare of the Marco Island residents and our visitors; two is
I would outwork everybody on the Council to learn as much as I
could related to any issue that would come up before the Council;
three, I would support the will of the people as expressed by
referendums passed by a majority of the citizens, regardless of my
own political beliefs about the issue; and, four, I would try and stand
tall in the face of criticism when I was true to those first three
principles. And I knew if I held true to those four principles, I
June 13, 2023
Page 34
would have a legacy that I would leave behind that I could be proud
of.
Now, throughout my campaign in 2020 for a seat on the City
Council, I supported Conservation Collier, the renewal referendum.
In 2020, I, along with 151,000 other residents, about 77 percent of the
voting public, voted for the referendum. And we all, at that point,
voluntarily agreed to tax ourself at the rate of .25 mills in order to
continue this vital program.
Now, Conservation Collier has been wildly successful in
meeting their mission. As a matter of fact, their mission is to
acquire, preserve, restore, and maintain vital and significant
threatened natural lands, forest and upland, and wetland communities
located in Collier County for the benefit of present and future
generations. And they've been wildly successful in doing that.
Conservation Collier funds have been used to acquire and manage
over 4,300 acres of land in 21 different locations across the entire
county, and approximately 20 percent of the taxes collected for the
project are put into a fund to manage the existing preserve lands in
perpetuity.
I'm proud to be a supporter of this program and to have had this
as part of my legacy because it meets all of the principles that I
promised I would live -- I would abide by by taking office.
Now, as you approach your budget workshop on Thursday, I'm
asking you to make support of this program part of your legacy and
to continue to fund the program at the voter-supported millage rate of
.25 mills. To consider reducing this level of funding at a time when
the value of land in Collier County shows no signs of dropping would
be a majority threat to the mission of this referendum-based program.
Please honor your commitment as I have to support the will of
the people as expressed by referendums passed by a majority of the
citizens regardless of your own political beliefs about the issue.
June 13, 2023
Page 35
Thanks for your time, and thanks for your service.
CHAIRMAN LoCASTRO: Thanks for your service as well,
sir.
MR. MILLER: Your next speaker is Douglas Fee.
MR. FEE: Good morning. For the record, my name is Doug
Fee. I live at 754 Pan Am Avenue up in North Naples.
I came this morning -- I wanted to ask the Commission if they
would put an agenda item or some presentation on Veterans
Memorial Boulevard. I live in the area. It's a well-needed road, and
I think that the community needs an update, okay.
But I switch gears today. I live in this community called Gulf
Harbor. It was platted in 1955. It's an old neighborhood. There
are 165 homes, and the plat, which it had a -- it had canals that were
put in the neighborhood. They're all man-made, okay. And there's
an important distinction between the river and man-made canals.
We -- the association called Gulf Harbor Moorings, Inc., we own a
parcel on Venetian Way. It's yellow highlighted, and it's 405 feet in
front of the boat basin.
We've always used this parcel and this area for docks for our
residents. In 1979 the community came to the county and
asked -- this is part of the plat. It was owned by the predevelopment
company, and we would like to have this. So there was a resolution,
and the parcel was turned over to the association.
Fast-forward to today. I'm here because there is a barge that's
been located in our canal. There's a permit that was issued by the
county, and it's been going on for four or five years. And we, the
association, have been trying to communicate. And in the permits,
the staff, three or four times, put that the lot borders a parcel owned
by the association. Please update the certified site plan to reflect this
parcel and please provide a letter of authorization that allows the new
dock to go through the association property.
June 13, 2023
Page 36
We were watching these permits. There were actually two of
them and three times, the staff at the Growth Management said, go
seek approval. In fact, that did not happen, and the permit has now
been issued.
We own 40 feet of a lot in front of the middle lot up north. The
owner -- the homeowner owns 10 feet. And if you look at the
permit, the green shows the association property. It's man-made.
It's a deed. We own 108 feet, which is 68 feet of the first lot and
40 feet of the second lot.
You will see on this print that the setback from the property line
is seven and a half. The dock itself is four feet. That's 11 and a half
feet. So we argue that the dock that will be built and is permitted is
at least a foot and a half over our property.
Now, I realize there are legal issues. We've gone to the
homeowner and tried to do a deal, okay. We'll give you a lease.
We'll give you a 30-year lease. But, unfortunately, the permit is
issued. So I'm coming to you to ask, is there anything you can do?
We've requested in an email at least twice from staff from the county,
can you rescind the permit?
They basically said, no, you're going to have to do something on
your own. And we will or we can, but we'd prefer to do it through
the county. And so that's the issue. Don't know if you can do
anything.
But today there's a barge there to remove the old dock, which
has been there for a long time, and building this new dock.
And we want to be neighborly. Mind you, we are a community,
and we basically all get along. But our interest is in the association,
which has this amenity in the middle of our community for the 165
homes.
So anyways, that's the issue. And I really appreciate your time.
And if you could put an agenda on the Veterans Memorial, I'd greatly
June 13, 2023
Page 37
appreciate it. Thank you.
CHAIRMAN LoCASTRO: Sir, who are you conversing with
at the county when you said, you know, you send emails to the
county? Who is the person?
And then my understanding is this is in Commissioner Hall's
district, so he might have a comment. But can you inform us?
MR. FEE: Gotcha. It's always been through Permitting and,
of course, through CityView, the citizens can see all the comments,
all the reviewers. Specifically, this correction letter is from a
reviewer in Zoning, Stephanie Nowrocki. Of course, she answers to
and works for Cormac Giblin. And we even sent it up to Jamie
French. So we've -- and we sent it to the homeowner as well as the
representatives, the marine company doing it.
Our fear is that this is going to move ahead, and then we'll have
no recourse. So we're trying to do it in the manner that helps
everyone, okay.
CHAIRMAN LoCASTRO: Okay. I don't know if
Commissioner Hall has something, but we have staff here that's
obviously heard your presentation. So, you know, you've come to
the nucleus of Collier County Government and presented your issue.
I don't know. Commissioner Hall.
COMMISSIONER HALL: So, Mr. Fee, just to clarify, you
have -- you mentioned Veterans Memorial, the road, and then you --
MR. FEE: Yes.
COMMISSIONER HALL: -- mentioned the dock. So what
exactly were you wanting on Veterans Memorial?
MR. FEE: Well, I came today not -- not going to speak on this
dock issue. I was just going to ask the commissioners if they could
do an update. Obviously, the new high school will open in another
month. There's a roadway that is, I'll say, halfway completed.
I call it the "Veterans Memorial Driveway," okay. Many of you
June 13, 2023
Page 38
have seen emails, and they may -- they may seem out of the order.
But the community is really anxious for that roadway to get built.
I was told recently in an email that one and a quarter mile out to
41 would not be completed until 2028. That's five years of the
residents who live on this side -- on the Wiggins' side having to travel
Bonita Beach Road and Immokalee Road/Livingston to get over to
the high school. That's a lot of students.
So, basically, I wanted to say, can you do anything to get things
sped up? I know there's a railroad issue. I know that there's also
some ponding issues. And that's -- so if there's some kind of an
update, at least people could come and hear what's going on on that
road.
COMMISSIONER HALL: Thank you. We'll have somebody
get in contact with you about the dock as well.
MR. FEE: Perfect. Thank you so much.
MR. MILLER: That was all of our registered speakers,
Mr. Chairman.
CHAIRMAN LoCASTRO: All right. Thank you. Okay. I
guess we'll keep moving to 9A.
Item #9A
ORDINANCE 2023-29: AN ORDINANCE AMENDING THE
BCHD 1 COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD), BY ADDING 2.69 ACRES± TO THE CPUD; ADDING
130,000 SQUARE FEET OF INDOOR SELF-STORAGE AND
REDUCING COMMERCIAL USES FROM 200,000 SQUARE
FEET TO 100,000 SQUARE FEET OF GROSS FLOOR AREA.
THE PROPERTY IS LOCATED APPROXIMATELY ONE-HALF
MILE NORTH OF RANDALL BOULEVARD ON THE WEST
SIDE OF IMMOKALEE ROAD, IN SECTION 22, TOWNSHIP 48
June 13, 2023
Page 39
SOUTH, RANGE 27 EAST, WITH THE ENTIRE PUD
CONSISTING OF 21.82 ACRES. (COMPANION TO ITEM #9B)
[PL20220003428] - ORDINANCE 2023-29: MOTION TO
APPROVED W/CHANGES AS DISCUSSED BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER KOWAL – ADOPTED
Item #9B
ORDINANCE 2023-30: AN ORDINANCE AMENDING THE
RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE
GOLDEN GATE AREA MASTER PLAN ELEMENT AND RURAL
GOLDEN GATE ESTATES FUTURE LAND USE MAP TO
REVISE THE IMMOKALEE ROAD - ESTATES COMMERCIAL
SUBDISTRICT TO ADD 2.69± ACRES TO THE SUBDISTRICT;
TO ALLOW 130,000 SQUARE FEET OF GROSS FLOOR AREA
OF INDOOR SELF-STORAGE; AND TO REDUCE
COMMERCIAL USES FROM 200,000 SQUARE FEET TO 100,000
SQUARE FEET OF GROSS FLOOR AREA. THE SUBJECT
PROPERTY CONSISTING OF 21.82± ACRES IS LOCATED
APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL
BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD, IN
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY FLORIDA. (COMPANION TO ITEM #9A)
[PL20220003426] - ORDINANCE 2023-30: MOTION TO
APPROVED W/CHANGES AS DISCUSSED BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER KOWAL – ADOPTED
MS. PATTERSON: Commissioners, that brings us to Item 9A
and its companion Item 9B. This item requires that all participants
June 13, 2023
Page 40
be sworn in and ex parte disclosure be provided by commission
members.
This is a recommendation to approve an ordinance amending
BCHD1 Commercial Planned Unit Development by adding
2.69 acres, plus or minus, to the CPUD, adding 130,000 square feet
of indoor self-storage, and reducing commercial uses from 200,000
square feet to 100,000 square feet of gross floor area.
The property is located approximately one-half mile north of
Randall Boulevard on the west side of Immokalee Road in Section
22, Township 48 South, Range 27 East, with the entire PUD
consisting of 21.82 acres.
Its companion item, 9B, is a recommendation to approve an
ordinance amending the Rural Golden Gate Estates Sub-Element of
the Golden Gate Area Master Plan Element and Rural Golden Gate
Estates Future Land-Use Map to revise the Immokalee Road Estates
Commercial Subdistrict to add 2.69 plus-or-minus acres to the
subdistrict, to allow 130,000 square feet of gross floor area of indoor
self-storage, and to reduce commercial uses from 200,000 square feet
to 100,000 square feet of gross floor area.
The subject property consisting of 21.82 plus-or-minus acres is
located approximately one-half mile north of Randall Boulevard on
the west side of Immokalee Road in Section 22, Township 48 South,
Range 27 East, Collier County, Florida.
And this does require swearing in.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
(The speakers were duly sworn and indicated in the affirmative.)
COMMISSIONER McDANIEL: Ex parte.
MS. PATTERSON: Ex parte. Yeah, thank you. Ex parte
disclosure from the commissioners, please, on this item before we get
June 13, 2023
Page 41
started.
CHAIRMAN LoCASTRO: Commissioner Kowal, on 9A and
9B.
COMMISSIONER KOWAL: Yes. I have meetings and
emails.
CHAIRMAN LoCASTRO: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I've had emails and some meetings as well on both of these items.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: I have meetings only.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: As well, myself.
CHAIRMAN LoCASTRO: Okay. And I've had meetings and
emails.
MS. PATTERSON: All right. Thank you, gentlemen.
MR. DAVIES: Thank you, Madam County Manager.
Good morning, Commissioners. Noel Davies with the law firm
of Davies Duke on behalf of the applicant, BCHD Partners 1,
LLC -- BCHD1 Partners, LLC, excuse me, which is an affiliate of the
Barron Collier Companies.
With me today is Chris Scott, our land-use planner with
Peninsula Engineering; Bruce Layman, with Peninsula Engineering,
is our ecologist; and Jenna Woodward, with Peninsula, is our civil
engineer.
The project was unanimously approved in 2021, and we've come
back for a slight amendment. What's before you today is our
amendment to the existing PUD and the corresponding Growth
Management Plan amendment.
The project is located on the west side of Immokalee Road
where it turns north at Randall. We're at the existing traffic signal at
Orange Tree Boulevard and Immokalee Road.
June 13, 2023
Page 42
Since the 2021 approval, we are requesting that the 200,000
square feet of C-3 commercial be exchanged for 100,000 square feet
of commercial and 130,000 square feet of self-storage, and we're
requesting to add just over two and a half acres to the project
boundary at the north end. Because the self-storage use has less trips
than traditional C-3 uses, this reduces the overall intensity of the
project.
At our Planning Commission hearing, we were requested to
reduce our trip cap with the corresponding reduction in intensity.
My client was agreeable to that change, and we have worked with
your staff to memorialize it. We've also worked closely with staff
with respect to their request for an enhanced buffer.
My client is willing to provide a 6-foot-high opaque fence in the
location requested by staff, which is the southwest corner of the
property. This is in addition to the standard Type B buffer. We do
appreciate the opportunity to work with staff. And with that
agreement in place, there are no other open items with county staff.
I will now turn it over, if I may, to Mr. Scott to walk you
through the rest of our presentation. I'll remain available for
questions.
Thank you very much, Commissioners.
MR. SCOTT: Good morning. For the record, Chris Scott with
Peninsula Engineering. I'll be as brief and quick as possible but give
an overview of the project.
As Noel mentioned, this PUD and the subdistrict within the
Growth Management Plan were originally approved in April '21.
The total square footage of 200,000 square feet of commercial use
was permitted. That included C-1 through C-3 uses as well as
indoor self-storage. It was approved for a maximum of 681 trips.
The amendment really focuses on the north side of the development.
The applicant -- the owners were looking to reconfigure some of
June 13, 2023
Page 43
the developable land. There was a purchase of 2.69 acres
immediately to the north, and they reconfigured some commercial
and preserve area.
With that, they've also reduced the total square footage from
200,000 to identify what is allowed for self-storage, separate from
other commercial. It does not change any of the permitted uses or
the development standards within the PUD. It actually results in a
reduction in net trips, and it doesn't really affect the southern side of
the PUD.
This is the existing MCP on the left side of the screen, and the
proposed to the right. The additional land is all on the north side,
adjacent to Immokalee Road.
Here's the existing approved subdivision. This one's in color, a
little bit easier to see, so you can see. Previously, there were two
smaller outparcel tracts on the north side of Orangetree. The
developer was looking at a potential to put in a smaller hardware
anchor shopping center, needed to reconfigure that land, so the
additional land was to primarily add preserve and reconfigure that
commercial tract.
There is one deviation proposed with the PUD. Currently, the
Collier County Land Development Code's architectural standards
would require a certain percentage of parking to be to the side or rear
of a building. This site, we are required to provide access to the
north, and it was tight. And with the preserve on the rear, we're
asking for a deviation to be allowed to keep the parking adjacent to
the six-lane Immokalee Road and not on the rear side of the
commercial shopping center where it would be a little further away
from the existing residents in the Estates.
As Noel mentioned, we did go through Planning Commission
with a recommendation for approval. They had asked us to reduce
the trip cap, and staff and the Planning Commission also asked for
June 13, 2023
Page 44
enhancements within the buffer that are highlighted on the screen.
We have reduced the trip cap. Again, it goes from 681 trips
originally approved to 475 with this amendment.
And we have agreed to provide some opaque fencing, again,
along this western boundary within the Type B buffer.
And with that, I will open it up to questions. Thank you.
CHAIRMAN LoCASTRO: Any commissioner have any
questions?
Mr. Bosi, why don't you -- I've got a question for you, if you can
just give us the staff's recommendation or summary of -- just for the
record.
MR. BOSI: Good morning, Commissioner. Mike Bosi,
Zoning director.
Staff was in review of the GMP as well as the PUD. It was that
one section, that western section, the southwestern section that we
were a little concerned with.
The potential for light spillage, because of the way that the Site
Development Plan would have been developed, we'd have parking
places directly pulling into the rear of the -- of those Estates lots.
One's developed. Two are undeveloped. We thought better
protection would be able to have a wall or an opaque fence with some
enhanced landscaping.
Through negotiations with their agents, they've agreed to
that -- to the opaque fence. And it's really to prevent that light
spillage onto the residential properties. It's unique in the sense, if it
was a residentially zoned, it would require a wall. Our code,
because the Estates is a derivative of the agricultural zoning district,
the wall doesn't kick in. So we found a compromise with the agents
in terms of the opaque fence. We're satisfied that it will accomplish
what -- the goal that staff is looking for.
We have a recommendation from the Planning Commission for
June 13, 2023
Page 45
addressing the enhanced buffer. We think it satisfies it. We know
it's consistent with the GMP, and we know it's a project that's going
to bring a diversity of land uses to an area that has a growing
population.
So, therefore, it has -- it's going to have some benefits from a
transportation standpoint of shortening trip lengths that currently
would occupy more of our transportation system.
So with that, staff would recommend support with the
modifications.
CHAIRMAN LoCASTRO: Mr. Miller, do we have public
comment?
MR. MILLER: Yes, sir. I have one registered public speaker,
John Pelletier.
MR. PELLETIER: Good morning, Commissioners. Yes, my
name's John Pelletier, and I've lived on this -- the Fourth Street
Northeast for 30 years, which is right directly behind this property.
I'd like to speak to you today about the width reduction of the
preserve and the proposed landscape buffering.
As you could see, in the pink is what we were promised two
years ago in 2021 at an informational meeting. Nice, big, thick
buffer. And you can see, the yellow Golden Gate Estates lots right
directly behind there.
So that's what was approved. And now we're getting this little
one right here, and the commercial's getting pushed much closer to
our lots. So that is my contention here that I'd like to speak to you
about.
The next one --
CHAIRMAN LoCASTRO: What's the difference in width, you
know, I mean, ballpark?
MR. PELLETIER: If I had to guess, probably 3-, 400 feet, now
150. You know, just -- maybe these gentlemen know.
June 13, 2023
Page 46
So the location of the supplemental buffer, from my
understanding, I thought that was supposed to be a concrete wall and,
also, my understanding was additional trees, three-cluster palms
between the buffer. Am I wrong at that?
COMMISSIONER McDANIEL: We'll find out in a minute.
MR. PELLETIER: Okay. So this is the Type B buffer that is
behind where we're talking about and, as you can see, right straight
through, that building there, and the trees are there, but there's a big
gap between there.
So -- and, again, my understanding was that there was supposed
to be trees between the required buffer trees, which I'll show you
next. So this would be three trees within that area. So I don't know
if I'm right or wrong by that.
Anyways, my one request would be to -- if I could -- real quick.
That area around the water management, if you could add some trees
also there. And that's what you have, a house right there looking
right straight in, so that's the reasoning for that buffer request.
Thank you.
CHAIRMAN LoCASTRO: Okay. Thank you, sir.
Mr. Bosi, do you have comments on what the citizen just
presented?
Same thing to you, Mr. Davies.
MR. BOSI: Mike Bosi again, Planning and Zoning director.
The recommendation that was -- that came from the Planning
Commission was for an enhanced buffer with a wall and a trio of
palms. Through the negotiations with the -- with the applicant, staff
felt comfortable with -- the opaque fence provided enough opacity
towards where the visual screening was going to be accomplished.
We've always -- we can -- we can always augment the -- the
fence with additional trees, but I'm not sure if that's going to provide
for additional screening other than maybe it's more related to
June 13, 2023
Page 47
beautification.
The argument from the applicant was the request was to
modify/add area to the northern areas. They weren't really
addressing this southern area, and they already had a client with an
approved SDP, so we found that compromise was the best route that
we wanted to go. But that's, obviously, the discretion of the -- or the
Board of County Commissioners as to what the final decision will be.
CHAIRMAN LoCASTRO: Okay. Mr. Davies, do you have
any additional comment?
MR. DAVIES: I'll be brief, Mr. Chairman. Thank you.
I just want to make sure that the Commission understands that
working with the community and certainly with county staff is very
important to my client. It's something that they've done since Day 1
as they went through the process before the 2021 approval and
throughout the process from then until now making a significant
number of just revisions to the project to accommodate various
requests that we have had, and so with that, this latest -- just this
latest opportunity to be a good neighbor relates to the opaque fencing,
which the client's agreeable to.
And I have nothing further, Mr. Chairman. Happy to answer
any questions.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Two questions.
MR. DAVIES: Yes, sir.
COMMISSIONER McDANIEL: Well, maybe two. I think I
have three written down.
Number one, on the new site plan, you're showing an access
road going to nowhere to the north. There's not another cross-street
coming out of Golden Gate Estates on that access road to the north.
And what's the proposition for the interconnection there?
MR. DAVIES: This here, Commissioner?
June 13, 2023
Page 48
COMMISSIONER McDANIEL: That.
MR. DAVIES: Yeah. This relates back to the approval in '21
as a staff requirement to interconnect to the north, and also there's
one to the south.
COMMISSIONER McDANIEL: Interconnect to the what?
That's my question. It's -- that's a residentially zoned piece of
property to the north, if I'm not mistaken.
MR. SCOTT: For the record again, Chris Scott.
COMMISSIONER McDANIEL: Trinity's coming behind you
to save you.
COMMISSIONER HALL: Here comes Trinity.
MR. SCOTT: Oh, perfect. I'll let Trinity -- no relation either.
MS. SCOTT: For the record, Trinity Scott, Transportation
Management Services department head.
Yes, sir, it is a vacant residential piece, but with all PUDs we
like to have an arrow as a potential for a future interconnection.
Should someone desire to develop that lot, even with a single-family
home, they may like to have access to the traffic signal. That would
be something that we would work with them on.
But if we don't have the arrow on the master plan, it would
require an insubstantial change in the future. So not knowing what
will happen in the future, we wanted to have that potential
interconnection.
COMMISSIONER McDANIEL: Does that proposition reduce
the buffering to the north side if there is a residence there? I mean,
are they required to clear it and show it as a potential access point?
I -- because I see it -- what I see as -- why are you looking at me like
that?
MS. SCOTT: No, I was looking at this and then coming up,
focusing on you.
COMMISSIONER McDANIEL: Okay. I see it as creep.
June 13, 2023
Page 49
We're providing for an expansion of the commercial area. That's one
of the requests here today, changing of the use, amendment of the
Comp Plan, and access road going to the north to a residentially
zoned piece of property that's not part of this particular development.
And I see, then, it does trigger within the Comp Plan, because that
property owner is now contiguous to a nonresidential use. It triggers
their capacity to ask for -- not receive, but ask for a Comp Plan
amend- -- I looked at Mr. Bosi when I said that -- to ask for a Comp
Plan amendment to adjust the zoning on that piece.
So -- and I understand the rationale behind having an access
point. If that does come in and it is approved, it's better to have the
interconnection and allow for that to transpire. I just don't want to
negatively impact a future board's decision on the utilization of that
site if the developer were to go and whack the trees and provide for
an access road to a residentially zoned piece of property. Maybe that
guy -- because people get to go both ways on those access roads.
Maybe those folks don't -- are not interested in having that access
road.
MS. SCOTT: So we would not require that they build the
access road as part of the Site Development Plan. It would mean
that they just need to have the easement available. We have the
similar situation -- I know it is all commercial properties -- but along
Pine Ridge Road, north of Pine Ridge Road by I-75. So we like to
have those easements in place, because my crystal ball is probably
not as good as your crystal ball, sir.
But should someone come on in the future, we like to have those
easements in place to have them available, because if a future board
would allow for commercial to extend through a Growth
Management Plan amendment, through their zoning, certainly
reducing access points on Immokalee Road would be a goal and
having access to the traffic signal as well.
June 13, 2023
Page 50
COMMISSIONER McDANIEL: Well -- and then there, again
access to the traffic signal is acquired by the next street to the north.
They all get to Immokalee Road.
Now, I can also see a safety and soundness issue transpiring
with an initial access road. If there were any reason to have an
accident or something out here on Immokalee Road, there is an
interconnection from this site all the way through to the southerly end
of the 47 acres that's also contiguous to this. So I can see the -- I
just -- I just was expressing a concern that it was setting up the
premise of a future commercial development to the north, and I didn't
want to allude to a pre-approval of something that isn't there.
MS. SCOTT: No, sir.
COMMISSIONER McDANIEL: Number one.
Number two, I have a question on the buffering side of things.
Who's my -- and I don't know -- I think Mr. Bosi, somebody with
staff with regard to Mr. Pelletier's comments with regard to a Type B.
The picture he was showing was a rather scant Type B, and I
was assured by you and Mr. French yesterday that that Type B was
sufficient for what staff's requisites were. There you go. Troy's got
a security alert you on. There you go.
MR. BOSI: And that is a Type B at the time of installation.
And are where staff feels that there was concern, and the whole
reason why we asked for a wall or an opaque fence, was because
within your first two years, you're not going to get the opacity that
you're really looking for. And we felt the augmentation with a solid
fence that would prevent the visual intrusion, prevent the light
intrusion, would be supplemented by the vegetation to soften the feel
of the fence, and we thought that was adequate to provide for, you
know, the type of screening that would be traditionally associated
when you have a commercial project next to residential projects.
COMMISSIONER McDANIEL: So once this grows in, the
June 13, 2023
Page 51
maturity of a Type B will be -- along with the opaque fence or wall.
MR. BOSI: Yes.
COMMISSIONER McDANIEL: I mean, I know the
proposition started off as a wall, and an opaque fence would
effectively do the same thing to provide for that opacity. And once
this particular Type B buffer grows in, you feel it would be
sufficient?
MR. BOSI: Staff feels it would be sufficient when augmented
with the wall or with the opaque fence.
COMMISSIONER McDANIEL: Okay. And then last -- and
then my last question is, who knows for sure around -- because I
know there was a lot of negotiations with the neighbors to the west
with regard to that retention pond, size of the pond, location, trading
of land and easements and so on and forth. Is there any landscape
requisite around the berm of that pond?
MR. BOSI: I believe that traditionally would be a type -- a
Type B buffer I believe, is what would be required.
COMMISSIONER McDANIEL: All right.
MR. BOSI: Around the entire perimeter.
COMMISSIONER McDANIEL: Mr. Pelletier showed a pile of
dirt around the pond, around the retention point. It's not planted yet.
MR. BOSI: That's at the beginning of the state. Normally,
landscaping would be towards the tail end of the process.
COMMISSIONER McDANIEL: But there is a Type B buffer
around that retention pond as well?
MR. BOSI: Correct.
COMMISSIONER McDANIEL: Okay. And then last, but not
least, the reduction. If someone could put the old and new site plan
back up. That one there. That one there. Yes. Yes, that one
there.
I had missed this when I was reviewing this as, is there
June 13, 2023
Page 52
sufficient vegetation in the reduction of the buffer to the west to
provide for that opaqueness, or do we need to give consideration to
fencing there as well? Because I see there's -- what are you guys
doing? You're kibitzing. There's an expansion to some of the
buffering to the north, but a reduction in the east/west buffer, the
buffer that's over there to the west between the retention pond and the
new proposed commercial.
MS. COOK: Jaime Cook, your director of Development
Review.
So during the review of this, Environmental staff looked at the
preservation requirements, and they are meeting the preservation
requirements. Additionally, there will be a buffer to the west of the
retention pond as well as to the east of the preserve. So there will
actually be two buffers on their master plan between the commercial
and the residential behind them.
COMMISSIONER McDANIEL: If I can say this in Billy
terms, there's going to be a buffer over on the west side between the
residential and the retention pond, and then there's going to be an
additional buffer on the east side of the reduced preserve that
was -- and I'm using Mr. Pelletier's words. It was 400 feet now it's
150 or 2?
MS. COOK: It's about 270 right now.
COMMISSIONER McDANIEL: It's about 270, okay. And it
was -- it originally was?
MS. COOK: About 450.
COMMISSIONER McDANIEL: And the requisites within the
GMP are a minimum of 75, if I recall?
MS. COOK: Correct.
COMMISSIONER McDANIEL: Okay. So it's almost three
times the size of the required buffer that we would -- that we would
normally --
June 13, 2023
Page 53
MS. COOK: Correct. And with that preserve, when they do
remove the exotics, if any supplemental plantings are required to
increase that opacity, they would be planned prior to CO or site
approval.
COMMISSIONER McDANIEL: And those two buffers that
are there on the west side of the retention pond and on the east side of
the preserve are a Type B as well?
MS. COOK: Yes.
COMMISSIONER McDANIEL: Okay. I have no other
questions.
CHAIRMAN LoCASTRO: The only thing I was going to add
is, you know, I get concerned sometimes with the lack of -- I don't
see sometimes -- all the time with the lack of specificity. And I'm
just -- I'm not talking to you, Mr. Davies. I'm just saying in generic
terms. When we just talk about, yeah, there's going to be enhanced
landscape or it's going to be an opaque fence, an opaque fence can be
chicken wire, you know, covered with tinfoil. All's I would
say -- and I'm being somewhat sarcastic but, to make the point is, I
don't have a problem with recommending approval of this, but I
would just say -- and we are dealing with -- with an applicant and
legal counsel that we worked with before so it's -- you know, we have
a relationship here.
I would just say to staff, the citizen makes a valid point about,
you know, buffering and landscape and the advantages and the
positives that it provides. So I would just say to staff if, in fact, this
does go forward with approval, you know, my expectation, and I
think it's the expectation of all of us, is that, you know, we lean
forward on the specificity, and we make sure the quality of the
fencing and the landscape -- we have had some applicants before that
have let us down, and then we've had citizens that have come back
here and say, you know, we expected, you know, trees of a certain
June 13, 2023
Page 54
height, and when we went out there, it was a bunch of dead bushes.
I'm not saying that's what this applicant's going to do. But just
as a proactive measure, just -- you know, this is a very tight area, and
a little bit of reduced landscape and a fence that's not so opaque or as
high of a quality could really make a big difference if it's not done
well and not done right. And I expect that, you know, Mr. French
and his team and we'll be on top of this one.
Do you have any comments at all, Mr. French, on what's being
recommended and the quality of what --
MR. FRENCH: Yes.
CHAIRMAN LoCASTRO: -- we would see there if this was
approved?
MR. FRENCH: So maybe just to offer a little clarification in
an attempt to help our staff and the Board.
Again, for the record, Jamie French with -- department head for
Growth Management.
There's a minimum amount of space that they have to have for
their preserve. So they've rearranged -- or reoriented some
buildings, and that's the deviation that they're seeking if you look to
the right. That's exactly what Mr. Scott talked about. He wants to
put his parking to the front. So now he's going to have a building
offer, perhaps an anchor, some more massing. And there is a
preserve requirement. So they're going to -- from time to time, those
preserves are going to get thinned out because they're going to be
required to maintain all the exotics to make sure that that urban -- or
that -- the species that's currently there delve [sic] off our water flow.
And they're also going to have to plant and maintain their
buffers. Now, what they maintain their buffers at, as far as the
height, those hedges have to come in. I believe they're at five feet,
and that their trees are spaced out 25 feet. This is all new planting,
and although we appreciate the photos that were provided, we're
June 13, 2023
Page 55
pushing dirt at this point, so to speak. We don't have a final product,
nothing's been installed. And then over time those will grow in, and
they'll be required to maintain those; otherwise, we'll utilize Code
Enforcement to make sure they do.
The enhanced buffer, if we were to go to an enhanced Type B
buffer, typically those are just a double hedge row, so we're going to
have double new bushes. But they're still the plantings. They may
stagger them off. But the intent really was, from staff -- our goal
yesterday in speaking with all of you and speaking with the applicant,
is we want to do everything we can to keep car lights out of
backyards and show that separation.
Unfortunately, there is no good code that provides us any
guidance other than what currently exists within the residential areas
when you have commercial abut a residential use. The Estates is a
primary residential use with an agricultural type of a use to it, but the
primary use is residential. We recognize that there's 75-foot
setbacks, but that's not going to prevent those future property owners
from moving their house all the way to the back, you know, to
maintain 75 feet off the rear and, perhaps, that's the acre they clear
because they want a longer driveway. There's plenty of that in the
Estates.
So it's a balance. We recognize that this was approved at an
earlier board meeting in '21, and they're coming in. They've
reopened the PUD, so we felt like it was a good opportunity to try to
offer some additional protections to those neighbors that are currently
there. But the developer can move forward with what's already been
approved. They're just coming in to augment it, and we're asking for
some additional protections for the community.
CHAIRMAN LoCASTRO: Thank you.
Any further questions?
(No response.)
June 13, 2023
Page 56
CHAIRMAN LoCASTRO: Okay. Do I have a motion?
COMMISSIONER McDANIEL: Make a motion to approve
with the adjustments that have been agreed upon.
CHAIRMAN LoCASTRO: Okay. I've got a motion to
approve. Do I have a second?
COMMISSIONER KOWAL: I'll second it.
CHAIRMAN LoCASTRO: Motion to approve and a second.
All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Okay. I think we're at our 10:30 break, and this will be a good
buffer as a break. So we'll break until 10:45.
COMMISSIONER HALL: A buffer, a break buffer.
(A brief recess was had from 10:30 a.m. to 10:45 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Okay. We're moving on to 9C?
Item #9C
ORDINANCE 2023-31: AN ORDINANCE AMENDING THE
COLLIER BOULEVARD MIXED USE COMMERCE CENTER
PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE
MAXIMUM NUMBER OF DWELLING UNITS BY 413 FOR A
TOTAL OF 846 DWELLING UNITS FOR THE PUD AND BY
CHANGING THE COMMERCIAL TRACT TO THE
June 13, 2023
Page 57
COMMERCIAL TRACT-MIXED USE. THE SUBJECT
PROPERTY IS LOCATED IN THE ACTIVITY CENTER #9
OVERLAY AND WITHIN SPECIAL TREATMENT WELLFIELD
ZONE 4 (ST/W-4), WEST OF COLLIER BOULEVARD AND
SOUTH OF MAGNOLIA POND DRIVE; IN SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 70.00± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. (COMPANION TO ITEMS
#16B1 & #17B) [PL20210000419] - ORDINANCE 2023-31:
MOTION TO APPROVE W/CHANGES THAT INCLUDE THE
ORIGINAL USES AND ROAD ALIGNMENTS BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL – ADOPTED
Item #9D
ORDINANCE 2023-32: AN ORDINANCE AMENDING THE
GOLDEN GATE COMMERCE PARK PLANNED UNIT TO
CHANGE THE COMMERCIAL TRACTS TO COMMERCIAL
MIXED-USE TRACTS AND BY ADDING FABRICATED METAL
PRODUCTS AS A PERMITTED USE IN THE COMMERCIAL
MIXED-USE TRACTS. THE SUBJECT PROPERTY IS
LOCATED ON THE WEST SIDE OF C.R. 951 AND NORTH OF I-
75, CONSISTING OF 74.2± ACRES IN SECTION 34, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(COMPANION TO ITEMS #16B1 & #17A) [PL20210000150] -
ORDINANCE 2023-32: MOTION TO APPROVE W/CHANGES
BY COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL – ADOPTED
Item #11B
June 13, 2023
Page 58
RECOMMENDATION TO APPROVE AND EXECUTE A
SECOND AMENDMENT TO DEVELOPER AGREEMENT WITH
VICTORIA ESTATES, LTD., MAGPOND, LLC, AND I-75
ASSOCIATES, LLC (COLLECTIVELY REFERRED TO AS
“DEVELOPER”), IN ORDER TO COORDINATE THE
DEVELOPER’S PROJECT WITH THE DESIGN AND
CONSTRUCTION OF THE COLLIER BOULEVARD WIDENING
PROJECT. (COMPANION TO ITEMS #17A & #17B) - MOTION
TO APPROVE W/CHANGES BY COMMISSIONER HALL;
SECONDED BY COMMISSIONER MCDANIEL –
APPROVED
MS. PATTERSON: 9C, 9D, and 11D, all companion items.
CHAIRMAN LoCASTRO: All together.
MS. PATTERSON: Yep. Let me start with 9C. Formerly
17A.
COMMISSIONER McDANIEL: One quick question.
MS. PATTERSON: Yes, sir.
COMMISSIONER McDANIEL: I didn't specify in my motion
for the approval of 9A and B. Do I need to specify that, County
Attorney?
MR. KLATZKOW: I thought you did, but if you want to
clarify the record.
COMMISSIONER McDANIEL: We were hearing them both
at the same time.
MS. PATTERSON: Yes, sir.
COMMISSIONER McDANIEL: I just wanted to make sure we
weren't in a technical difficulty.
MS. PATTERSON: Same for this one, these will all be
companion items, 9C, 9D, and 11B.
June 13, 2023
Page 59
9C requires that participants provide -- or be sworn in and ex
parte disclosure be provided by the commission members.
This is a recommendation to approve an ordinance amending the
Collier County Mixed -- the Collier Boulevard Mixed-Use
Commercial Center Planned Unit Development to increase the
maximum number of dwelling units by 413 for a total of 846
dwelling units for the PUD, and by changing the commercial tract to
a commercial tract mixed-use.
The subject property is located in the Activity Center No. 9
overlay and within Special Treatment Wellfield Zone 4, west of
Collier Boulevard and south of Magnolia Pond Drive in Section 34,
Township 49 South, Range 26 East, Collier County, Florida,
consisting of 70 plus or minus acres and providing an effective date.
Item 9D also requires ex parte disclosure be provided by the
commission members and all participants be sworn in. This is a
recommendation to approve an ordinance amending the Golden Gate
Commerce Park Planned Unit to change the commercial tracts to
commercial mixed-use tracts and by adding fabricated metal products
as a permitted use in the commercial mixed-use tracts.
The subject property is located on the west side of County Road
951 and north of I-75 consisting of 74.2 plus or minus acres in
Section 34, Township 49 South, Range 26 East, Collier County,
Florida.
And, finally, 11B formerly 16B1, is a recommendation to
approve and execute a second amendment to developer agreement
with Victoria Estates Limited, Magpond, LLC, and I-75 Associates,
LLC, collectively referred to as "the developer," in order to
coordinate the developer's project with a design and construction of
the Collier Boulevard widening project.
Commissioners, ex parte disclosure on these items.
CHAIRMAN LoCASTRO: Commissioner Kowal, do you have
June 13, 2023
Page 60
any?
COMMISSIONER KOWAL: I have no ex parte.
CHAIRMAN LoCASTRO: Commissioner Saunders?
COMMISSIONER SAUNDERS: I have no ex parte as well.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: I have none.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Nor do I.
CHAIRMAN LoCASTRO: And I have none either. Proceed.
MS. PATTERSON: We need to swear in the participants,
please.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
(The speakers were duly sworn and indicated in the affirmative.)
MS. PATTERSON: Thank you.
Gentlemen.
MR. DiMARIA: Thank you very much.
Good morning, Chair, Vice Chair, Board of County
Commissioners. My name's Philip DiMaria. I'm a certified planner
with the engineering firm of Kimley-Horn.
With me today also is Becca Bond. She's a transportation
engineer by trade; and Alyssa Flandermeyer, who's a planner by
trade, and we're here also with an agent from the developer, Todd
Mathes, with both New Magpond, LLC, and I-75 Associates, LLC,
who are subsidiaries of Benderson Development, the owner of the
properties in question today.
And so a brief summary of the request. We're before you today
requesting two amendments in the same geographic area, the
northwest quadrant of the interchange of Collier Boulevard and I-75.
These PUDs that you'll see in the next few screens, they're located
June 13, 2023
Page 61
adjacent to one another, and from south to north, they're referred to as
the Collier Boulevard PUD and the Golden Gate PUD.
We're requesting amendments to both PUDZ for slightly
different things. The first is an amendment to the Collier Boulevard
Planned Unit Development to rename the area that's slated currently
for commercial development and renaming that to a commercial
mixed-use district to reinforce the proposed uses that would include
the permission for multifamily uses in addition to the existing heavy
commercial uses on the site in that district and then, secondly, in the
Golden Gate PUD, renaming the commercial district to a mixed-use
district as well and permitting those fabricated metal product uses in
addition to heavy commercial uses allowed currently, as well as some
requests to deviate from the code to provide the flexibility needed to
implement the end-user that is currently slated for the land.
In addition to that, there are just some minor what we call
housekeeping changes that would update references to both the GMP,
the LDC, as well as the developer commitment language that you've
seen before you.
Very good. This is just an aerial located -- these two PUDZ are
located, once again, in that northwest quadrant. There's quite a bit
going on. It's a dynamic area with the Paradise Coast Sports
Complex under construction and nearing completion to the east,
along with the Wolf's Lodge, the Uline Shipping Supplies, City Gate
Commerce Park, and the increase in development all to the east of
Collier Boulevard.
And then to the west, our direct neighbor within the PUD in the
Collier Boulevard portion, Magnolia Pond, is under development.
My understanding is you've seen a series of applications requesting
amendments to that PUD. And then to the north there's Mike Davis
Elementary School as well as the Noah's Landing Apartments that are
adjacent to the subject property that is in discussion here today.
June 13, 2023
Page 62
We'd be remiss also if we didn't mention the changes that were
publicly initiated and brought before you and adopted to the
Interchange Activity Centers No. 9, the recognition of an Innovation
Zone. This Innovation Zone, as you know, incorporated some
policies and regulations -- regulations that would permit and
encourage uses such as the fabricated metal products that we're
discussing here today on the north side but really encourage a diverse
type of employment center uses, and both of the amendments today
are really in line with that kind of public -- publicly initiated
directive.
In addition -- and Becca would be -- could assuredly speak to it
more intelligently than I could, but there are FDOT interchange
improvements slated for Collier Boulevard and I-75 at this location
that will improve access and circulation and, once again, promote that
economic development that's planned for this interchange.
All right. We'll dive into the applications one by one before
bringing them back. First is that Collier Boulevard on the south.
This was originally approved in 2001. It incorporated approvals for
433 dwelling units primarily on the western half of the PUD, as well
as a commercial district of 240,000, just under a quarter million
square feet of retail, 30,000 square feet of office, and of 150 hotel
rooms.
This is that kind of geographic outlay within that PUD. Once
again, residential primarily to the west. There's a 15-acre preserve
area. And then the focus of our amendment is on that eastern
commercial mixed-use portion you can see in front of you in, like, a
salmon color, 25.3 acres.
Currently approved within that Collier Boulevard Mixed-Use
Commerce Center PUD is a range of heavy commercial types of
development and uses. So retail, office, hotel/motel uses at the
range, as I stated previously. We've got a list of different types just
June 13, 2023
Page 63
to the -- that are currently permitted and identified within the PUD on
the right side of the screen.
And, once again, this development pattern and the uses and
approvals were really typical of that early 2000s means of kind of
strip development shopping center type of development that was
envisioned. Obviously, over the course of the last 20 years, nothing
has been developed on the property, and so, really, the impetus
behind the request is just allowing for flexibility of uses.
And so, specifically, at 16 dwelling units per acre on that 25.3
commercial mixed-use portion of the project, that would permit an
additional 413 multifamily units. We've added some development
standards within to provide for compatibility. There are no increases
in maximum height or reduction in setbacks or anything of that like.
The development standards are in line with county code and GMP
requirements. And then we amended the PUD master plan to reflect
the construction of Magnolia Pond Drive in its current configuration
and to permit access points that are both safe and effective and
promote good circulation around the project.
This is just the list of the development standards. And, once
again, your professional staff also did an analysis and found that the
proposed development standards, as well as the uses proposed, are
consistent and would support the employment centered focus of the
Innovation Zone.
I'd also be remiss if I didn't speak to the reduced transportation
impact. Keep in mind that the prior approvals included that heavy
commercial development that's typified by higher traffic generation.
And impact fees were paid to compensate for that anticipated impact
that the commercial uses would have in this area.
The proposed PUD amendment includes less intense land uses
in the form of those multifamily land uses, and a trip cap was used to
identify a maximum number of trips that could be allowed and
June 13, 2023
Page 64
generated by the site.
But, generally speaking, residential land uses are less intense
than heavy commercial land uses and, therefore, the proposed PUD
amendment will generate fewer trips than the existing approved PUD.
We'll move on to the north site. And I'd be happy to take
questions either at the end or, if you have any questions specific to
the southern side, I'd be happy to take them now. Your preference.
CHAIRMAN LoCASTRO: Go ahead, Commissioner
McDaniel.
COMMISSIONER McDANIEL: Just one quick question. If
you'd put the site plan back up, if you would, please.
MR. DiMARIA: Yes, sir.
COMMISSIONER McDANIEL: It's difficult to tell because of
the SDP is not -- the Site Development Plan isn't consummated yet.
But you talked about enhanced internal circulation in the rationale for
the shift away from commercial to residential. But I don't see if we
had a discussion in the previous applicant interconnection between
the two without coming out onto Magnolia Pond Drive.
MR. DiMARIA: Yes, sir. Excellent question. You'll see on
this plan in front of you there is that cross-connection aspect
right -- just south of the existing lake there's --
COMMISSIONER McDANIEL: Oh, where the arrows are?
MR. DiMARIA: Yes, sir.
COMMISSIONER McDANIEL: That's not a road. That's just
that -- there will be a road there of some sort or at least a path of
something to allow the people that live in the residential area to get to
commercial up front.
MR. DiMARIA: That's the intention, sir, yes, sir.
COMMISSIONER McDANIEL: Do -- and I'll hold my other
question for staff. Okay.
MR. DiMARIA: Absolutely.
June 13, 2023
Page 65
CHAIRMAN LoCASTRO: Commissioner Hall has a question.
COMMISSIONER HALL: Just real quick.
Philip, on the western half, is that homes, single-family homes,
or is that multifamily as well?
MR. DiMARIA: Yes, sir. That's a great question. My
understanding is that it's currently under development for a
multifamily user and not single-family homes; however, within the
PUD -- and maybe this is slightly a technical aspect, there is a
reservation for some single-family homes just for development
standards.
COMMISSIONER HALL: I just want to make sure. Thank
you.
MR. DiMARIA: Yes, sir.
CHAIRMAN LoCASTRO: Okay.
MR. DiMARIA: Very good. All right.
Moving on to the north side. This was also approved in the
early 2000s, actually in March of 2000. This is the Collier -- I'm
sorry -- the Golden Gate Center PUD.
A similar type of approval was granted to this site with 240,000
square feet of retail, 30,000 square feet of office, and 150 hotel
rooms. So once again, kind of a heavy commercial sort of
entitlement, if you will.
In addition, 343 residential dwelling units were permitted. And
there has been a development on the site both in the form of an
elementary school as well as the Noah's Landing Apartments.
You'll see on this plan -- this is the master land-use plan. Those
areas have been excluded, once again, from our application. We're
focused primarily on that eastern commercial mixed-use portion, the
25.29 acres. You'll also see an internal drive known as Noah's Way.
That has been slated for some sort of internal circulation that would
line up within a future connection to Collier Boulevard.
June 13, 2023
Page 66
At a risk of repeating myself, there are a variety of commercial
uses that are currently permitted on site. They range from auto and
home supply stores to car washes and paint stores. Once again,
typical of that heavy commercial district that we would see, you
know, traditionally in the early 2000s.
The request is to permit fabricated metal products in the
commercial mixed-use district. My client's been in discussion with
an end-user that manufactures and assembles high technology
products associated with metal products, and that use needed to be
added to the permitted use of list uses within the PUD. In addition
to that, after working with staff, there were some additional updates
that were needed as it related to reconciling Noah's Way and access
and circulation as well as adding some additional development
standards to ensure that compatibility was maintained.
And after further analysis, we recognize that over time, over the
last 20 years, with the expansion of Collier Boulevard and sort of the
outlay of some of the additional development in the area, that a few
deviations were needed to permit future development.
The first deviation seeks relief from an LDC section to basically
allow for additional types of architecture in the area. We worked
closely with Peter Shawinsky in staff to talk about what might be
appropriate, and he agreed that, from an architectural perspective,
sometimes diversity promotes a better built environment.
Deviation 2 relates also to facades. With the additional road
that moves through the property, there was discussion about what
facades would make sense in terms of higher design and providing
the primary development areas to those primary facades.
Lastly, Deviation 3 reconciles the fact that some property was
deeded over to the county for the construction of Collier Boulevard,
which reduced the ability for us to buffer from the roadway.
Our intention here, after working with staff and landscape
June 13, 2023
Page 67
reviewers, was to allow for the same amount of planted material in a
shorter buffer. So you're basically getting a higher-density buffer, a
higher-quality buffer along the roadway, and that -- and that kind of
was in line with the spirit of the code and the intent of these roadway
buffers as it relates to screening development as well as providing a
high-quality roadway environment.
So quick summary of the request. Both of these amendments
are, once again, in line with the Growth Management Plan and the
Land Development Code. Your professional staff did an excellent
job writing up both staff reports. Greatly appreciative of them. The
Collier Boulevard would allow for multifamily uses within that
commercial mixed-use district in addition to the heavy commercial
uses, promoting kind of employment-focused housing opportunities
within an area slated for innovation within Collier -- Collier County.
And then the Golden Gate PUD to the north, these amendments
would permit those fabricated metal uses to provide an economic
generator to this area. So we're combining, almost, housing and jobs
with a pair of these amendments, if you will.
And, once again, those deviations will provide flexibility in our
ability to deliver these products to the market.
And then those housekeeping items as well as it relates to
developer commitment language, Todd is here -- Mr. Mathes is here
to answer any specific questions as it relates to developer
commitments. And we'd be happy to -- also, I should -- I'd be remiss
if I didn't mention that there were a few recommendations from your
Planning Commission as it relates to these applications.
There were the removal of specific types of uses that were
requested by the Chair, and we were happy to accept those and
remove those from the proposed ordinances. And after thorough
removal, we received a unanimous recommendation for approval.
With that, we kindly and respectfully request your approval for
June 13, 2023
Page 68
both of these amendments, and we're happy to answer any and all
questions you might have.
Thank you.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Just a quick question. If you
could expand to the metal fabrication use change. I'm not familiar
with --
MR. DiMARIA: Yeah, absolutely.
COMMISSIONER McDANIEL: -- why that's required.
MR. DiMARIA: Sure. So maybe I'll start and then, Todd, if
you'd like to hop in here as well.
So the fabricated metal use is a -- Collier County, as you know,
regulates uses by SIC codes. And so these employment industrial
codes are used to identify specific types of users. And so working
with staff, our intention was to provide for the ability to bring this
high-tech government contractor as an employer in this area. And
permit that use. And staff recommended that the fabricated metal
products SIC code would be the most appropriate use category.
COMMISSIONER McDANIEL: Fine answer. Thank you.
MR. DiMARIA: Thank you, sir.
CHAIRMAN LoCASTRO: And before I go to Commissioner
Hall, I mean, just to piggyback on that. And it's because your client
or the applicant is in discussions with somebody that would bring
that -- that type of manufacturing, right?
MR. DiMARIA: (Nods head.)
CHAIRMAN LoCASTRO: And I assume it goes without
saying that it wouldn't create any kind of noise problem. I mean -- I
mean, you know, you've got residential, you know, community right
there. So it wouldn't be super industrial. I mean, you didn't really
expand on what company it is, and you don't necessarily need to, but
I would expect that part of the conversations was it would be
June 13, 2023
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conducive to -- and cohesive to that commune, correct?
MR. DiMARIA: Absolutely, sir.
CHAIRMAN LoCASTRO: Yeah.
Commissioner Hall and then Commissioner Saunders is on
deck.
COMMISSIONER HALL: Commissioner Saunders, do you
have a question?
COMMISSIONER SAUNDERS: I had two questions, yes.
COMMISSIONER HALL: Go ahead.
COMMISSIONER SAUNDERS: On the manufacturing, there
will be no smoke and that sort of thing, because we are promoting
clean manufacturing, and that sounds like that's what this is --
MR. DiMARIA: (Nods head.)
COMMISSIONER SAUNDERS: -- one issue. I just wanted
to make sure of that.
And then, secondly, I didn't see anything in here about any
workforce or affordable housing. And is there any potential on the
new units that are approved -- I think it was 413 additional units, any
potential for setting aside a percentage of those for workforce
housing at certain income levels?
MR. DiMARIA: Sure, great questions.
Specific to the attainable housing, it's my understanding that
prior to the recession, my client, or the previous owner of the
property, paid into an attainable housing fund. In the time since, at
some point during the recession --
COMMISSIONER HALL: Which recession was that?
COMMISSIONER McDANIEL: There's been a couple.
MR. DiMARIA: 2007 to 2011.
COMMISSIONER SAUNDERS: Because there was -- I recall
a commissioner back in those days was requiring payments into a
fund without any legal authority to do so and that I believe those
June 13, 2023
Page 70
funds were ultimately returned. I may be totally wrong on that, but
that's kind of my recollection from stuff that I read in the newspaper.
MR. MATHES: You're correct, Commissioner, we did receive
refunds of -- partial refunds.
COMMISSIONER SAUNDERS: Okay.
MR. MATHES: As you know, Commissioners, we invested
heavily in this interchange overall. We're the developers of multiple
different planned development parcels. The Habitat parcel was part
of our predecessor in interest.
With respect specifically to your question on the 430 [sic] units,
it's not something we contemplate right now based upon the density
that's allowed there. We know that a lot has changed in the State of
Florida in the last six months, three months with the adoption of Live
Local and that this commission's going to take that up, and that
there's also dollars out there to support that sort of development now.
Certainly, if a developer -- we're not a multifamily developer
ourselves. We're a commercial developer. We're an industrial
warehouse developer. We're not a multifamily developer.
So we sought approval of what is allowed in your code today,
and to the intent the market demands a use at a higher density or
there's dollars that would support that type of use, we're market
participants. We'll certainly entertain that. There is strong demand
for multifamily product here. We view it as a market-rate rental
project, and that's the approval we're seeking for a portion of the
property.
COMMISSIONER SAUNDERS: Well, let me turn that
question over to Mr. Bosi just so I can make sure that -- because,
generally, when we required a percentage of units to be workforce or
affordable, it was because they were getting some benefit, some
increased density. It sounds like on this one there is really no
increase in density that's being requested. This is a standard amount
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that would be permitted without the increasing density; is that
accurate?
MR. BOSI: Mike Bosi, Zoning Director.
You're correct, sir. This is in Activity Center No. 9. Activity
Center No. 9 allows for 16 units an acre to be eligible. And the
thinking behind that is we know there's a high -- the high level of job
opportunities within our activity centers. We want a higher-density
product. Normally what that translates, when you have a
higher-density product, you're going to have units that are more in
line with what the workforce needs or an availability. They're not
luxury apartments, these are 16 units an acre. They normally have to
be a little bit smaller to fit within their footprint.
So the thinking behind our Growth Management Plan and how
we award intensity and density is within our activity centers we allow
16 units an acre, and then outside of those are density bands, which
allow for seven units an acre.
So they aren't asking for anything other than what's provided for
within the GM -- within the Growth Management Plan. If they were
seeking a Growth Management Plan, then we would have required
that 22.6 percent allocation dedicated to income restriction.
COMMISSIONER SAUNDERS: Okay. Well, this may be a
silly question, but if we were to approve additional units, more than
what they've asked for, up to some number that would be permitted
and those additional units, if the developer came in to build those
additional units, would have to be workforce housing units, is that
something we could do today?
MR. BOSI: There is --
MR. KLATZKOW: You would have to readvertise, sir.
We've advertised at a certain density.
COMMISSIONER SAUNDERS: Okay. All right. Thank
you. That answers that question, then. Thank you.
June 13, 2023
Page 72
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I just want to touch back on the fabricated metal, just for some
clarity. From what I understand, when you talk about fabricated,
that means we're not dealing with raw metals; we're not dealing with
smelting or melting or anything like that. It's metals that are already
created. They're just making something else out of it in the
fabrication process.
So there's no, like -- you know, where I grew up in Pittsburgh,
you had smokestacks everywhere. You know, it's smoke and dirt
coming out everywhere. But I just wanted to get some clarity on
that. That's what we're talking about, correct?
MR. MATHES: Yes, sir. And I'll put a little more context on
it.
We've been -- we've been fortunate to have the Zeisers
(phonetic) be tenants of ours over behind the Walmart in those
smaller buildings. They've grown nice businesses. They're nice
employers. They do a great job.
So Azimuth Technology, we hope, is growing inside this, is sort
of what led us into this application and that use category. We have
demand to backfill our other existing space.
So it's like Structural Medical. It's like Azimuth. It's really a
high-technology, low-energy, very specific assembly process.
They've been amazing tenants, amazing employers in Collier County,
so that's the type of user and use. They exist. We know them.
That's what we want.
And we're going to own the commercial around them. We're
going to be participants in the multifamily with someone else around
them. So we want the same thing. We want something that's very
compatible. And that was the use category in discussion with staff
that we landed into.
June 13, 2023
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COMMISSIONER KOWAL: Thank you.
CHAIRMAN LoCASTRO: Commissioner Hall, and then
Commissioner McDaniel.
COMMISSIONER HALL: Thank you, Chairman.
I bring this up. I just -- I wanted to pull it off the summary so
we could have talk -- so we could talk about it.
Great presentation. I didn't really realize that there was two
different ones that we were looking at. I have no problem at all with
the Golden Gate and the metal fabrication. I think that's a great spot,
great use.
My only question was, as you look at the broad picture of this
activity center, if you look at all four corners of 75 and Collier, two
of the catty-corners are all -- are mostly hotels. There's not really
any commercial, you know, in there. I mean, as far as service
commercial to the public.
And so I was just curious, if the -- adding the -- when I looked at
the 413, my mind automatically went to homes. It didn't go to
multifamily, so that changed a little bit in my mind.
But I was just curious -- you know, I've said it before, you
know, this may be allowable, but is it preferable? Do we -- is that
the best use of that one southern part of the PUD at the Collier -- the
Collier Boulevard PUD? Is the best use mixed use, or is the best use
commercial? And I just wanted to open up the discussion.
I have no -- no heartburn about any of it. I just wanted to bring
it up for discussion amongst my colleagues.
I just didn't know if it was a rush to judgment. Live Local Act
has been brought up. You know, with those 413 units, if somebody
did come along and want to live local, they could -- you know, 165 of
those units would be affordable.
So I just wanted to kind of open up the discussion. Like I said,
I have no -- no yay or no nay. I just wanted to talk about it just a
June 13, 2023
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minute.
MR. MATHES: Commissioner, would it be acceptable if I just
made one more point about the --
COMMISSIONER HALL: Sure.
MR. MATHES: -- question you're asking here?
You know, we made, 15-plus years ago, a big investment in this
interchange. We bought a lot of land. We prepaid our
transportation impact fees in agreements with the county to help build
out the road network, and we gave some land for stormwater on the
south parcel here and right-of-way along Collier Boulevard. That's
why the landscape buffer is there. And for 15-plus years, we carried
those costs. And, darn it, we tried to will commercial to happen
here, we really did, because we really love commercial. You know,
that's who we are at our core.
And not to paint a target on myself, but we own that nasty
skeleton of a building for a long time that was supposed be to a
multi-tenant retail building but, ultimately, we came to you and we
backfilled with Amazon, which has been a terrific use too.
There will be multi-tenant commercial type uses on this
property. There will be work/employment-based uses on these
properties. But we believe that this is what the market is going to
support in a going-forward basis. We think it's a good mix, and
that's why we've requested some amount of multifamily housing.
There's been strong, strong, strong demand for that use. You
know, if we'd had it three, four, five, six years ago, it would have
added to the inventory which is desperately needed in this area to
support the workforce that's out there and support the growth overall
in the area.
So I hope you can see that it wasn't without effort. It wasn't
without pain and suffering and carrying those costs. I know you-all
have business backgrounds, and no one likes to carry that as long as
June 13, 2023
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we have, but we've done it. And so we think -- we hope you agree
we've sort of landed on a good mix between all the land we own here.
And there's also other commercial land on the other side of Collier
further up Collier.
We own other centers into further -- further north of us that are
suffering, commercial centers that are really suffering and need that
transition and use. And you've taken good, important steps to sort of
incentivize some of that. So that's really the basis of our thesis for
our plan here.
COMMISSIONER HALL: So what you're saying is if we did
hold that for commercial, they're not just beating down the door put
something in there?
MR. MATHES: They're not, Commissioner.
COMMISSIONER HALL: Okay. I'm with you.
MR. MATHES: If they were, they'd be there, I promise you.
COMMISSIONER HALL: I just wanted to make sure.
MR. MATHES: Yeah. There's no tricks here. We've been
carrying that for a long time.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: My question is for staff, and
probably Trinity. And it has to do with that original question with
regard to interconnectivity between the residential and commercial in
that southerly portion.
CHAIRMAN LoCASTRO: Good morning.
MS. SCOTT: Good morning.
COMMISSIONER McDANIEL: For the record?
MS. SCOTT: For the record, Trinity Scott, Transportation
Management Services department head. I'm going to see if I can
pop over to their master plan so that way --
COMMISSIONER McDANIEL: There you go. And here,
again, we're being asked to make use changes without the benefit of a
June 13, 2023
Page 76
Site Development Plan. And I see the arrows -- I missed the arrows
when I was reviewing this, and I just want to know if it would be best
for us to require a road as opposed to a path.
MS. SCOTT: Certainly, anything that you do that is more
explicit when they come in for a Site Development Plan or a plat
gives the team very specific direction of what the desire is from the
Board.
So certainly if you would require the interconnection and require
that it be vehicular and pedestrian, that is what we would -- would be
written into the PUD document, and then staff would review to those
requirements.
CHAIRMAN LoCASTRO: Okay. But that wouldn't need to
be done -- and I'm going to have a question for you, Trinity, but I'm
just going to piggyback on that. That wouldn't need to be done now,
right? I mean, when they -- if they made progress with tenants and a
plan and whatnot, we could make -- we could raise that issue then,
right, as -- further order, or do we have to do it right now?
MS. SCOTT: Commissioners, this would be the time that you
see this as the Planned Unit Development ordinance. Those Site
Development Plans, those plats -- a plat would come back to you for
final approval, but a Site Development Plan would not come back to
this board for approval, so...
CHAIRMAN LoCASTRO: Yeah. All right.
COMMISSIONER KOWAL: Trinity?
CHAIRMAN LoCASTRO: Commissioner Kowal.
I don't know if Commissioner McDaniel's done yet.
COMMISSIONER McDANIEL: The other question I had for
you -- and my inclination is to be more specific with that
interconnectivity so that there is clarity there. But the other question
I had was, there are intersection improvements coming to Magnolia
and City Gate, or whatever that road is that goes over to the east, has
June 13, 2023
Page 77
the developer made necessary contributions to that intersection
improvement as well?
MS. SCOTT: So I'm going to -- I'm going to utilize their
presentation, because it's up here, and go to the next master plan
which shows Noah's Way.
The companion item, which is the developer agreement
associated with this project, realigns this Access Easement No. 2
right up here, and that will realign with City Gate Boulevard North.
The prior development agreement, we were a little offset. So we
were able, with the opening of this PUD, with the companion
developer agreement, work with Mr. Mathes and his team to be able
to align that intersection to be able to effectuate a traffic signal in the
future. That traffic signal would be contemplated either as part of
our Collier Boulevard project or, with this new right-of-way that we
would be receiving, this new easement could be broken out, perhaps,
as a separate project.
In addition, the developer agreement provides the right-of-way
along Collier Boulevard for the turn lane for this -- to support Noah's
Way and this facility as well as a payment -- the actual construction
cost payment in the future. Because it does make some sense to
build that as part of the overall global project. Elevations will
change, et cetera. So we want to try to inconvenience the public as
little as possible for that.
So those are all part of that companion developer agreement.
COMMISSIONER McDANIEL: Do you need timing on that
payment to ensure that when we're ready to go forward with the
intersection improvements, that the money is requisite?
MS. SCOTT: That payment, timing is within the -- they're
going to make an initial payment based on our estimate, and then we
will true up with them once the construction costs come in.
COMMISSIONER McDANIEL: Okay. Thank you.
June 13, 2023
Page 78
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Actually, that was -- part of my question was in reference to
Noah's Way, if that was going to align, and I heard about a possible
traffic light, and that would alleviate some of the burden on Magnolia
Boulevard, right, if it ever comes to fruition?
MS. SCOTT: Absolutely. So -- and I should also state -- I
probably missed part of how else I need to explain this. Because it's
all up here (indicating), but I need to share with you-all.
The Florida Department of Transportation has the interchange
currently under construction. Those interchange improvements
extend up to Magnolia Pond which is the end of Florida Department
of Transportation's limited access right-of-way. Our project will
come down into this area for the Collier Boulevard widening.
In the past, the plan was to remove the traffic signal at Magnolia
Pond and relocate it to Noah's Way; however, over the past several
years, we've been working with the Florida Department of
Transportation based on the development that's occurring on the east
side with the Paradise Coast Sports Complex, our landfill in that area,
of the need to maintain both traffic signals at that location.
So we would, as I said, construct a new traffic signal, and at this
time there's no discussion as far as removal of the traffic signal at
Magnolia. So we would certainly be able to time those signals
together and as well as distribute the traffic between those two
intersections depending on what continues to happen on the other
side of the roadway as well with the City Gate and White Lake
Boulevard and ultimately, perhaps, a Wilson Boulevard extension.
COMMISSIONER KOWAL: Thank you, Trinity.
MS. SCOTT: You're welcome.
CHAIRMAN LoCASTRO: Trinity, I have a question for you,
and this one might be more sort of out there. But that's going to
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be -- that's a very busy intersection, very busy cross-section, and it's
about to get even more busy with the I-75 construction and all the
plans that are coming later this year, next year, the year after.
Do you see this as being cohesive with whatever -- you know, if
you overlaid all the I-75 construction that's coming from, you know,
the I-75 and Collier Boulevard exit, all that that's going to be
improved there, is this any kind of concern or -- I mean, this looks
like this could be a very busy area, but that intersection's about to get
improved, I think, with the designs that I've seen, but it's also going
to be a very busy spot. Any concerns?
MS. SCOTT: There's -- what I would say is there's no pain, no
gain. For the next couple years, that interchange and that
intersection is going to be a little painful, while the Florida
Department of Transportation takes on their project and then as we
bring on the Collier Boulevard project; however, once those are
completed, they will provide adequate facilities for these uses.
CHAIRMAN LoCASTRO: Okay. Okay. I don't see
anybody else lit up here. Any other further questions?
(No response.)
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER McDANIEL: Well, the one quick
question -- unless you're going to make a motion for approval -- do
we want to have a discussion about providing for more specificity for
the interconnection on the southerly piece?
CHAIRMAN LoCASTRO: Yeah. I mean, I think that's a
good point. And I -- you know, I think Trinity answered the
question. That's something we've got to do now, and I think, you
know, if you look at that overlay and you imagine if it was all
developed, a walking path wouldn't cut it for me. I would think that
that would be --
COMMISSIONER McDANIEL: Lackluster.
June 13, 2023
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CHAIRMAN LoCASTRO: Lackluster, yeah, absolutely. So
I'm in agreement with you. I mean, something that was vehicular
and pedestrian would seem to be the smart thing to do, and if we -- if
we need to specify that now, I mean, the applicant can always say,
oh, yeah, we're going to do that, but it sounds like we need to specify
that right now.
COMMISSIONER KOWAL: Could you bring up the
other -- could you bring up the other --
COMMISSIONER McDANIEL: Site plan.
COMMISSIONER KOWAL: -- site plan that has the actual
arrows which you were considering.
COMMISSIONER McDANIEL: And as a discussion point, I
wouldn't be -- you know, I'm -- I'm for enhancing specificity, and in
that specificity, I'd certainly sit still for an access gate to allow for
ingress and egress out for the residents that are in that new residential
area or in that residential area to the west and provide for access for
those folks just to keep them off of Magnolia.
MR. MATHES: Commissioners, we're in support of whatever
the connection should be. If it should be vehicular, we're happy to
support that.
I do want to note, unless someone in this room knows, I believe
it's possible that the white area of residential, which is under
construction as a multifamily project -- it was recently before
you -- may have a pedestrian-only access at that location that was
approved in design and may have been approved in zoning. I don't
know the details.
So what I would offer to you is maybe at a minimum, if that is
pedestrian only on their side, of course, ours would be a road to
nowhere. It would be pedestrian. But if it's not or if that
opportunity exists, we're happy to accommodate a road.
So we would take it either way. You know, it would be good
June 13, 2023
Page 81
for us. We've got some commercial. We get it. So maybe a little
bit of flexibility so that that nuance and detail can be accommodated.
COMMISSIONER McDANIEL: We certainly don't want a
road to nowhere.
CHAIRMAN LoCASTRO: Yeah.
COMMISSIONER McDANIEL: Here comes Trinity.
MS. SCOTT: The power of technology.
CHAIRMAN LoCASTRO: While she's cuing that up, a
question that I'm going to have for one of your group -- it's not for
Trinity. I forget the gentleman's name in the glasses there that was
presenting.
COMMISSIONER HALL: Philip.
CHAIRMAN LoCASTRO: Philip, a question I'm going to
have for you after Trinity cues up whatever she's doing here: You
gave a list of some services that the Planning Commission wanted
removed.
MR. DiMARIA: Yes.
CHAIRMAN LoCASTRO: So you don't have to answer it now
because Trinity's on the microphone, but I was just curious why
health services was on there. So if you just -- cue that one up after
she's finished.
MS. SCOTT: Once again, for the record, Trinity Scott,
Transportation Services department head.
I have to thank Jaime Cook for her wicked fast fingers in the
back being able to pull up -- the adjacent parcel is currently in for a
Site Development Plan amendment, and as part of Site Development
Plan amendment, they do have noted a future vehicular access
pending build-out of commercial site. So it is something that has
been contemplated with the area.
Adjacent, just a commercial site would need to marry up with
that location.
June 13, 2023
Page 82
COMMISSIONER McDANIEL: Does that -- does that
alignment match what you have?
MS. SCOTT: The alignment, based on what they're proposing,
looks like it would need to slide a little to the south. But, remember,
a site plan is a conceptual thing in nature, so -- but yes, we
would -- we would ask that they marry that up as part of that
commercial.
COMMISSIONER McDANIEL: Okay. And the applicant is
okay with that? He said that he was.
MR. MATHES: Yes, Commissioner, that's perfect. Now we
know where it is. Appreciate it.
COMMISSIONER McDANIEL: Now you know where it is.
MR. DiMARIA: And then, Chair, to answer your question.
CHAIRMAN LoCASTRO: Yeah.
MR. DiMARIA: Our recollection is that it was in reference to a
blood and plasma center.
CHAIRMAN LoCASTRO: Oh, okay. But then, by putting
that on there, does that exclude, you know, some more favorable
health services, you know, type of options?
MR. DiMARIA: It's a good -- I mean, that's a great comment.
CHAIRMAN LoCASTRO: I mean, you sit here and you go, all
those houses there, urgent care centers, I mean, people are screaming
for them all over the county, and there's long waits. And I'm not
saying that, you know, I'm being directive in saying one needs to go
there, but when you have health services on there as an exclusion, it
sounds like a whole bunch of things would be in that. So maybe a
blood plasma center isn't, you know, high on the list, but I could
think of a whole bunch of other things that just fell off of the list
because that's on there.
So I don't -- I don't know what staff has to say about that. I
mean, I would hate to exclude some things that maybe would be good
June 13, 2023
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for that community, especially with all those residential units that
might be, you know, coming to that area. There's not a whole heck
of a lot around there right now when it comes to, you know -- yeah,
you have Physicians Regional at Pine Ridge and down on Collier
Boulevard, but health services could be doctors' offices, it could be
urgent care center.
What are your thoughts, Mr. Bosi? It just seems like by saying
"health services," the Planning Commission excluded a whole bunch
of things that we might want as a consideration.
MR. BOSI: Mike Bosi, Planning and Zoning director.
I believe the Planning Commissioners' thinking on this was
medical offices are one of your highest trip generations, so I think it
was related to just minimizing the amount of traffic that's associated
with the project.
CHAIRMAN LoCASTRO: Yeah. Then you sit here and go,
the reason why there's a lot of trips is because people need the
service. So, you know, you lose that.
Okay. I don't know what my colleagues think.
Commissioner McDaniel, and then, Commissioner Hall, you're
on deck.
COMMISSIONER McDANIEL: This colleague thinks that I'm
not seeing the rationale behind the exclusion.
CHAIRMAN LoCASTRO: Yeah, that was my point.
COMMISSIONER McDANIEL: The need is there. The
traffic capacity is there. We're actually reducing the traffic capacity
with the use changes or specifics on the use changes. So I concur
with your thoughts in that maybe allowing that use exclusion to be
lifted if, in fact, it were a requisite; I'd be in favor of it.
COMMISSIONER SAUNDERS: Same here.
CHAIRMAN LoCASTRO: Okay. So how do we -- if we are
in agreement to override that recommendation by the Planning
June 13, 2023
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Commission --
MR. BOSI: And it's simply a recommendation.
CHAIRMAN LoCASTRO: Right.
MR. BOSI: The direction, when you make the approval, to add
that use back to the PUD, and staff will make sure we follow through
with that.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: Any other comments or questions?
I'll make a motion.
(No response.)
COMMISSIONER HALL: I'll make a motion to approve both
sides, 9B [sic] and 9C, the companion item. What's that?
COMMISSIONER McDANIEL: 9D and --
COMMISSIONER KOWAL: The other two. What is it, 9
what?
MS. PATTERSON: It's 9C --
COMMISSIONER HALL: 9C and 9D.
MS. PATTERSON: -- 9D, and 11B.
COMMISSIONER HALL: And 11B as -- with no limitations
on the use. And anything else I need to add to that motion?
CHAIRMAN LoCASTRO: Well, I'd like, specifically, that
"health services" line to be removed --
COMMISSIONER HALL: Okay.
CHAIRMAN LoCASTRO: -- you know, or whatever the right
verbiage is, allow it to be --
MR. BOSI: Add it back in.
CHAIRMAN LoCASTRO: -- added back in.
COMMISSIONER HALL: With original uses.
MR. KLATZKOW: Okay. Yeah, I don't think you need -- I
understand, the original uses.
COMMISSIONER McDANIEL: And the road alignment.
June 13, 2023
Page 85
COMMISSIONER KOWAL: Yeah, connectivity.
CHAIRMAN LoCASTRO: So those would be the -- so the
motion would be to approve this but not as-is. It would be to add
back in the health services use and also the more specificity on the
road alignment.
Commissioner Saunders, sir.
COMMISSIONER SAUNDERS: I was just going to clarify
that it was just the medical use that you're adding back in, and that's
clear now.
So if there hasn't been a second, I'll second it.
COMMISSIONER McDANIEL: I seconded it, or you can. It
doesn't matter.
COMMISSIONER SAUNDERS: No, that's fine.
CHAIRMAN LoCASTRO: Okay. So Commissioner Hall
made a motion. Commissioner McDaniel had a second. All in
favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: Okay. It passes unanimously with
those changes.
MR. DiMARIA: Thank you very much.
MR. MATHES: Thank you.
Item #10A
June 13, 2023
Page 86
RECOMMENDATION TO AWARD A THREE-YEAR CONTRACT
FOR LEGAL SERVICES FOR THE CODE ENFORCEMENT &
NUISANCE ABATEMENT BOARD AND CONTRACTOR
LICENSING BOARD. - MOTION TO APPROVE BOTH PATRICK
NEALE (CONTRACTOR’S LICENSING BOARD) AND KEVIN
NOELL (CODE ENFORCEMENT BOARD) PENDING BOTH TO
PREPARE AND BRING BACK A FEE SCHEDULE FOR FINAL
APPROVAL AND CONTRACT AWARD BY THE BOARD AT THE
JUNE 27, 2023, BCC MEETING BY COMMISSIONER
SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL –
APPROVED 5/0
MS. PATTERSON: Item 10A is a recommendation to award a
three-year contract for legal services for the Code Enforcement Board
and Nuisance Abatement Board and Contractor Licensing Board.
I'll hand this over to the County Attorney.
MR. KLATZKOW: You have two highly qualified candidates
for this. You couldn't have done really much better than this.
Mr. Noell, once upon a time, was a member of my office and did
outstanding work, and we've also worked with the Special Magistrate
over the years, and he's been outstanding as well.
Traditionally these were separate functions. For whatever
reason, staff wants to combine them into -- for one person. That
raises issues of potential conflict. But the executive summary lays it
out, and whatever the Board wishes to do is the Board's prerogative.
And both candidates are here to answer any questions.
CHAIRMAN LoCASTRO: Would commissioners like to hear
both candidates; would that be appropriate? Commissioner
Saunders.
COMMISSIONER SAUNDERS: I was just going to ask the
County Attorney, if we went ahead and awarded the contract to each
June 13, 2023
Page 87
of them for the separate boards, is there enough work that it would
make it worth their effort to -- I assume it would. I mean --
MR. KLATZKOW: I assume it would, because we've always
had separate folks on that. The only nuance with that is the contract
was bid for both positions, so we'd have to come back on consent, I
suppose, with revised fees.
COMMISSIONER SAUNDERS: Well, I'd like to avoid the
conflict issue that you've raised. That seemed to be a little bit of a
convoluted process we'd have to go through if we had one person
doing both boards.
And so I don't mind hearing from the applicants, but my view
would be to split this so each of the two has a board to represent so
we avoid all the conflicts and all that process that you're suggesting.
That's just my thought right now.
They're both shaking their heads in the affirmative, so I don't
think that -- it sounds like they don't object to that.
MR. KLATZKOW: So that -- my understanding, you would
award Mr. Neale the Contractor Licensing Board attorney's position
and Mr. Kevin Noell, the attorney for the Code Enforcement Board.
COMMISSIONER SAUNDERS: They would have to come
back with their different fee arrangement for those two --
MR. KLATZKOW: Yes, sir.
COMMISSIONER SAUNDERS: -- for our approval.
MR. NEALE: Yeah. We actually had this discussion, and I
agree with Mr. Klatzkow's comment that I would represent
Contractor Licensing, because that would not be in conflict with me
being Special Magistrate, and Mr. Noell would then represent Code
Enforcement.
COMMISSIONER SAUNDERS: All right. Well, if it's
acceptable to you gentlemen, if there's no other questions, I'll make a
motion to approve that arrangement with the understanding that
June 13, 2023
Page 88
you're going to both come back with your fee arrangements for these
two boards for our consideration at our next meeting.
MS. PATTERSON: Correct.
MR. NOELL: And then, Commissioner, if I may. Kevin
Noell, attorney for the Contractor Licensing Board.
I think the only caveat -- and just to raise it for the Board's
consideration -- the Code Enforcement Board traditionally has been
more legal -- more legal work. And in looking at the request for the
bid, I think traditionally Code Enforcement probably has 20 to 25
hearings on any given meeting, and the Contractor Licensing Board
probably has five to seven, just generally. So I just wanted to just
bring that to the attention of the Board, that there -- at least for me
there's a little bit of a price consideration, when I made the bid,
higher on the Code Enforcement side just because I know the work
that will be generated from that, but I just wanted to raise it for the
Board's attention.
COMMISSIONER McDANIEL: Question.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: I -- when I was reviewing
this -- and, I certainly -- you know, I'm not going to get in the way of
those that are inflicted with that mental issue called a law degree, like
you three, but the circumstances for a conflict of interest seem to be
way out to me. We -- and to my knowledge, we've never had a
conflict that could have arisen if that circumstance were to become
prevalent. So I may be -- maybe I need to have a question of staff as
to -- because Mr. Klatzkow represented it's basically staff's request to
combine the two positions. And by no means -- I'm totally happy
with everything you both are doing for the county. Thank you.
I just wanted to ask the -- your opinion as to the potential.
Number one, we've never had that circumstance that was delineated
and the backup data to ratify that thought process. I mean, anything
June 13, 2023
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could necessarily happen, and I suppose that if it did and we didn't
split the two jobs, that circumstance would then come to the Board, I
would assume.
MR. KLATZKOW: No, the Board would not hear a code
violation. If you awarded the Code Enforcement Board to Mr. Neale
and he had a conflict, we would have to address it before the Code
Enforcement Board at that point in time. My office could always
stand in as a replacement to the Code Enforcement Board for a
particular case, for example.
COMMISSIONER McDANIEL: Okay.
MR. KLATZKOW: But you're legislative, not prosecutorial.
COMMISSIONER McDANIEL: Okay. But given the fact
that there has not -- that circumstance has --
MR. KLATZKOW: It's never materialized because you always
had two separate attorneys. And the issue here is, as long as staff
can maintain their databases so that violators don't cross-pollenate
between the two boards, we'd be fine. The issue is what happens if,
but through inadvertence or sale of a property, staff sent an item that
had been before the Special Magistrate to the Code Enforcement
Board? That's where your potential conflict comes in. It would be
a relatively rare event.
COMMISSIONER McDANIEL: Correct. And it hasn't
transpired so far. It hasn't transpired so far because --
MR. KLATZKOW: We have separate attorneys.
COMMISSIONER McDANIEL: -- they have been separate
attorneys, okay. So that answers the question as to why it had never
happened in the past. And I don't have any concern with both of you
continuing working for us on the individual boards. It's just -- but I
think that fee adjustment needs to transpire.
So do we need to continue this item and let them come back?
COMMISSIONER HALL: There's a motion made.
June 13, 2023
Page 90
COMMISSIONER SAUNDERS: Yeah, the motion was to
approve the two gentlemen for the respective boards but to require
them to come back at our next meeting with a fee arrangement,
because if they come back with fees that are unacceptable, we'll just
say no.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER SAUNDERS: So, yeah, I mean, they have
to come back for, but they're approved as the --
COMMISSIONER McDANIEL: I'll second that, then.
CHAIRMAN LoCASTRO: Okay. So I've got a motion and a
second to approve them specifically by name. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
MR. NEALE: Thank you, Commissioners.
MR. NOELL: Thank you, Commissioners.
Item #10B
ALLOCATE $10 MILLION FROM PROJECTED EXCESS
INFRASTRUCTURE SALES SURTAX FUNDS FOR THE
PURPOSES OF CONSTRUCTING ADDITIONAL SQUARE
FOOTAGE NOT FUNDED BY THE UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION
GRANT PROGRAM FOR ADULT DAY HEALTH CARE AND
OUTPATIENT THERAPY SERVICES FOR THE PROPOSED
June 13, 2023
Page 91
STATE VETERANS’ NURSING HOME PROJECT AND
AUTHORIZE NECESSARY BUDGET AMENDMENTS.
(SPONSORED BY COMMISSIONER SAUNDERS) - MOTION TO
APPROVE W/AUTHORITY TO WORK WITH LEGISLATURE
AND THE LOBBYIST BY COMMISSIONER SAUNDERS;
SECONDED BY COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: Item 10B is a recommendation to allocate
$10 million from projected excess infrastructure sales surtax funds
for the purpose of constructing additional square footage not funded
by the United States Department of Veteran Affairs Construction
Grant Program for adult health -- adult day healthcare and outpatient
therapy services for the proposed state veterans nursing home project
and authorize necessary budget amendments. This item is sponsored
by Commissioner Saunders.
CHAIRMAN LoCASTRO: Sir.
COMMISSIONER SAUNDERS: Mr. Chairman, the reason I
brought this forward, we had the workshop, which, quite frankly, was
excellent in terms of giving us a lot of direction on what we can and
cannot do. And one of the things that became clear is that the state
and federal governments will not pay for new construction for adult
day healthcare services, which we all agreed is very important for this
project.
I'm not sure about the rehabilitation services. I don't believe
that the state or federal government will pay for new construction for
rehabilitation services as well. So those two services are very
important, and the only way we're going to get those services is if we
pony up and put some money into this to enhance the building to
have those services.
I had a very preliminary meeting with Senator Passidomo, and
she is 100 percent in support of this project, as we all know. We've
June 13, 2023
Page 92
all met with her, and we've all had our individual conversations with
her.
I broached this subject of if the county put an additional $10
million into this project for those additional services, would she be
interested in considering supporting a $10 million matching fund next
year from the legislature. And I -- she had indicated that this is
something that she would certainly consider and may even come to
our board meeting on June 27th to talk a little bit about it.
So we have in our sales tax fund a little bit more money than we
had anticipated collecting. We have money in excess of the
$420 million. That's the county's share. And there's going to be a
little bit of a food fight, because there always is when there's money
available. And, of course, all of our projects are more expensive, so
that -- a lot of those funds are going to be used to make up the
increased costs of other projects.
But I wanted to set the table here on this project that this is
important. Ten million of that extra money that's in our sales tax
fund would be set aside for this contingent upon getting some
matching funds from the legislature.
I think it would be an incredible deal for the state to have this
facility with these additional services, and I think it would set the
tone for the state and federal governments in the future to permit
those funds to be used for these types of services in new construction,
but right now we don't have that.
So if we want those services, this is one way, I think, we can
accomplish that. If we are not able to get those services, for
whatever reason, if there's no state matching funds, for example, that
$10 million would simply go back to our sales tax fund. So that's
the reason I brought this forward.
Time is somewhat of the essence because, as indicated in the
executive summary, this next legislative session starts the first week
June 13, 2023
Page 93
in February, and -- or towards the end of January, and they'll
start -- the legislature will start their committee meetings and their
funding issues probably as early as September.
So I'd like to, in addition, be authorized to work with our
legislative delegation and with our lobbyist to push this ahead if this
Board agrees to do this this morning.
CHAIRMAN LoCASTRO: Yeah. I was going to add, I think
this is a really smart proactive move, as you said. I mean, it's -- if in
the end, you know, we don't need it for whatever reason -- but I think
the value of the workshop we had proved that -- and we've said it
before, we don't want just the next nursing home. We want the best
one, and so does the state. And so it is going to take a bit more
funding, as we learned during the workshop. So I think this is a
no-brainer, and it's a good proactive move.
Like you said, there's going to be a lot of hands in the pot for the
additional money that we collected, but, you know, this certainly, I
think, to all of us, to include also, too, those in Tallahassee that
represent us, is one of the important projects that's on the short list.
So I think the extra 10 million is a smart, proactive move, so I
definitely would support it.
Commissioner McDaniel, sir.
COMMISSIONER McDANIEL: And I am, as well. I'd like to
hear about the segregation of the funds and the specifics with regard
to their expenditure. And just for clarity purposes more than
anything, you know, we've heard -- I have heard quite a -- several
different paths for the actual cost of the facility, and I -- I just -- and
certainly -- and we hear in the workshop that the adult day care center
or facilities aren't part of the funding.
And I just -- I don't want this to -- I don't want it to be sitting
there and have other hands grabbing at it because of cost overruns
unless we decide that that's the case, that it's requisite for that. So I
June 13, 2023
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just want to hear about the segregation, where it's going to be held,
and then how it's going to ultimately be utilized.
MR. FINN: Thank you, sir. Edward Finn, Deputy County
Manager. Mr. Chairman, members of the Board.
This is -- this is pretty straightforward. This does not involve
an escrow, as I understand it at this point in time. It would simply be
held as part of your budget. It would be allocated to a specific
project number. Ultimately, that money cannot move
without -- without the proper paperwork in place, whether that be a
PO or contract relative to this matter, which would require some
subsequent Board action and, ultimately, the Clerk of Courts would
not release that money unless the Board had initiated the proper
action.
COMMISSIONER SAUNDERS: And that is correct, that is
what is anticipated, that the Clerk will certainly manage that fund.
It's not going to be sent up to Tallahassee.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN LoCASTRO: Okay. I don't see anybody else lit
up, so --
COMMISSIONER McDANIEL: Second.
CHAIRMAN LoCASTRO: -- Commissioner Saunders, you
made the motion.
COMMISSIONER SAUNDERS: I'll make a motion to
approve this, and as I said, I'd like some authority to work with the
legislature on this.
CHAIRMAN LoCASTRO: Absolutely.
COMMISSIONER SAUNDERS: Obviously, we all can, but
I'd just like to be able to say to our lobbyist that I'm authorized to
make certain representations. So I'll add that as part of the motion.
CHAIRMAN LoCASTRO: Okay. Got a motion. I think
Commissioner McDaniel --
June 13, 2023
Page 95
COMMISSIONER McDANIEL: Seconded.
CHAIRMAN LoCASTRO: -- seconded the motion.
All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
COMMISSIONER SAUNDERS: Thank you.
Item #11A
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 22-8006, “DESIGN SERVICES FOR WILSON BOULEVARD
WIDENING,” TO JACOBS ENGINEERING GROUP INC., IN THE
AMOUNT OF $5,400,000, AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED AGREEMENT. (PROJECT NUMBER
60229) (JAY AHMAD, TRANSPORTATION ENGINEERING
DIVISION DIRECTOR) - MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED
MS. PATTERSON: Item 11A is a recommendation to award
Request for Professional Services No. 22-8006, design services for
Wilson Boulevard widening, to Jacobs Engineering Group, Inc., in
the amount of $5,400,000 and authorize the Chairman to sign the
attached agreement.
Mr. Dennis McCoy, your Project Manager III from
June 13, 2023
Page 96
Transportation Engineering Services Division, is here to present or
answer questions.
MR. McCOY: Good morning.
CHAIRMAN LoCASTRO: Good morning.
MR. McCOY: Dennis McCoy, Transportation Service
Management Division, project manager.
This is the Wilson Boulevard widening project. I have a brief
overview if you want me to go through the presentation. We're
asking, obviously, for your --
COMMISSIONER McDANIEL: Yeah. I just have a -- are
you number three because you're third in line, or how did you get that
designation?
MR. McCOY: It's a long story.
COMMISSIONER McDANIEL: I'll make a motion for
approval.
MR. McCOY: Thank you.
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Okay. I've got a motion and a
second. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Item #11C
AWARD INVITATION TO BID (“ITB”) NO. 23-8073,
June 13, 2023
Page 97
“REPLACEMENT OF WASTE CONTAINERS AND BENCHES
FOR PARKS,” TO GLOBAL EQUIPMENT INC., D/B/A GLOBAL
INDUSTRIAL EQUIPMENT COMPANY INC., IN THE AMOUNT
OF $210,702.90 FOR A ONE-TIME PURCHASE TO REPLACE
DAMAGED WASTE CONTAINERS AND BENCHES DUE TO
HURRICANE IAN AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT. - MOTION TO APPROVE
BY COMMISSIONER LOCASTRO; SECONDED BY
COMMISSIONER HALL – APPROVED
MS. PATTERSON: All right. Item 11C is a recommendation
to award Invitation to Bid No. 23-8073, replacement of waste
containers and benches for parks to Global Equipment, Inc., doing
business as Global Industrial Equipment Company, Inc., in the
amount of $210,702.90 for a one-time purchase to replace damaged
waste containers and benches due to Hurricane Ian and authorize the
Chairman to sign the attachment agreement.
Ms. Tanya Williams, your department head for Public Services,
is here to answer questions.
This item was moved from the consent agenda to the regular by
Commissioner LoCastro.
CHAIRMAN LoCASTRO: So I moved this not to challenge
anything. We all know we had a lot of damage with the hurricane,
but now that we're in hurricane season, I mean, one of the things I do
take exception to is some of these things that we lost definitely could
have been prevented.
I realize that we have a limited staff, and -- but if we know a
hurricane's coming, I don't expect us to pack up every concrete
bench. You know, I understand that buried in this were concrete
benches that we would have never expected washed away, and they
totally disappeared.
June 13, 2023
Page 98
But buried in this is -- should be maybe a smarter process on
gathering up our garbage cans and storing them somewhere, tying
them up, doing the things that common folks, you know, do in their
normal homes, but we at the county have to do it as well because this
is real money.
And most importantly, what's not mentioned here, and it
affected my district significantly, was the loss of AEDs. You know,
we have AEDs in all of our parks and strapped to all of -- the walls in
all of our marinas. And I don't want it to be lost here that we lost
quite a few AEDs that were either water logged or they get washed
away or somebody stole them or all of the above.
And if you didn't know it or not, the way that I found that out
was some AEDs at Goodland were removed by our Facilities team to
sort of spread the wealth in the areas where we lost quite a few
AEDs. The reason that was a problem was, soon after that we had
an issue at Stan's where somebody had -- went into cardiac arrest.
So somebody ran over to the park where there's an AED, and they
found a plastic bag over the AED, and the AED was gone. It was
removed.
And so in our reverse engineering, you know, what we found
out was, okay, Facilities took it upon themselves that we have some
places that lost maybe all their AEDs, and although we have a lot on
order -- they're on order probably by every county that had -- that was
impacted, and those are actually pretty expensive. So a garbage can
is one thing, but the AEDs are several thousand dollars.
So I didn't pull this off because I challenge -- I have any kind of
challenge with the payment, but, you know, we're a week into
hurricane season, and I just want to make sure -- I wanted to go on
the record and also send a message to our staff that we've got to have
a much tighter process. We can't afford to lose, you know, these
things due to sort of lack of attention. And, you know, the AEDs
June 13, 2023
Page 99
were a big one.
Like I said, obviously we can't pack up everything, but we've got
to do a much better job because, you know, spending a quarter of a
million dollars on replacements of things that maybe could have been
saved -- and then I don't know if the AEDs are buried into this
number, but I know we had to order quite a few, you know, correct?
MS. WILLIAMS: Good morning, Commissioner. For the
record, Tanya Williams, Public Services department head.
And, Commissioner -- Chairman, you are correct. We can
always do a better job. And as we look back on Hurricane Ian and
the impact of Hurricane Ian, of which we've never -- we, current
staff, myself included, have never experienced in regards to storm
surge. You are correct, we lost a large number of garbage
containers. For the record, each container weighs 600 pounds. It is
precast concrete. And short of driving pylons in which we affix
those canisters, it would be hard pressed for staff to reasonably move
the canisters themselves in the event of a next major impact regarding
storm surge.
However, I will tell you that as part of their pre-response
preparations, staff do remove all of the lids. They remove the
internal liners. All of those are stored. Unfortunately, I will, for the
record, state that those were stored in an area that was flooded. So,
obviously, going forward, they will use different staging areas for the
container lids and the internal plastic liners themselves.
In regards to the AEDs, I touched base with Facilities late last
evening to kind of get a handle on where we were with the AEDs.
Based on the information that I got back from Facilities -- and I
apologize. I won't speak on behalf of Facilities; I'll just speak on the
information that they did provide me. Eight units were officially lost
during Hurricane Ian. You are correct, those are in the process of
being replaced.
June 13, 2023
Page 100
Facilities is also taking this opportunity to standardize our
AEDs. Currently there are three or four different types of AEDs
scattered throughout our county. Current totals of AEDs are at 154
at various locations throughout Collier County facilities. So they are
looking to standardize our AEDs so that staff know how to use a
particular AED and don't have to train on different systems.
They are regularly tested on a monthly basis by Facilities.
We're looking at shoring that up even further by training park staff in
particular on the testing and routine observations of the AED
functionality.
And in talking with parks director, Olema Edwards, late last
evening, she says they're going to further add to their pre-hurricane
planning. AEDs that would be in our coastal zones, they're actually
going to go remove them and then store them safely -- not in a
flooding area -- store them safely, and then redeploy them as part of
their post recovery efforts.
So we are working through our after-action plans. Staff take
that very seriously. They look at areas in which we can shore up our
response, both pre and post, and we will -- as you stated,
Commissioner, we will take corrective action where it is warranted.
CHAIRMAN LoCASTRO: Yeah. That's the only
conversation I wanted to have here, that we're tightening up our
checklist. I can appreciate that the garbage cans weigh 600 pounds,
but the AEDs don't.
MS. WILLIAMS: No.
CHAIRMAN LoCASTRO: And they, obviously, don't need to
be brought, you know, 20 miles away to a secured area. They could
have been put inside of the facility or the marina at a high location.
Granted, if it's flooded with 20 feet of water, nobody expected that.
I guess my last question would be, if we're missing that many
garbage cans, what are we doing now? Do we have a huge shortage
June 13, 2023
Page 101
of garbage cans in all of our parks and all of our county recreation
areas because those garbage cans were all destroyed or vanished?
MS. WILLIAMS: No. Some of them are missing lids.
Obviously, just as Facilities has redeployed or redistributed the
AEDs, parks has ensured that there's adequate trash and recycle
receptacles in the interim until we can get the more permanent
solution.
CHAIRMAN LoCASTRO: Okay. When you talked with
Facilities, did they have a timeline on when -- the AEDs that they
have ordered? I mean, I can only speak for my district but, you
know, Goodland, I think, had three. Now they have, I believe, two,
because the one was taken from the park. And that's just one
example, and there's other things.
My other point, too, was it would be nice for us to know that as
commissioners, because what happened in Goodland was a
microcosm of what could have been disastrous, number one, and,
number two, you know, if I would have been told -- and you didn't
know either. I mean, Facilities was just trying to react. And I'm not
here to throw anybody under the bus. But you know, that could have
been an easy call from me to the Goodland Civic Association
president and just say -- let him know, hey, please get the word out to
the citizens that there's not an AED at the park where it's been since
the beginning of time and the one that you would most frequently
grab because it's the closest one to all the restaurants and everything
like that.
And I would have told Facilities, probably, don't grab that one
because that is in a very busy high-traffic area. I mean, Stan's on a
Sunday has 5,000 people in it, more or less, and that's the AED that
they grab. I'm actually surprised. I think Stan's might have one of
their own, but everybody knows there's a county one at the park, and
that's why somebody ran there.
June 13, 2023
Page 102
But just -- having said that, I mean, I think I made my point.
And you said exactly what I wanted to hear. But I wanted to just -- I
pulled it off because I just wanted to make sure that we were all
aware that, with hurricane season upon us, you know, we've got to do
the best job possible, especially securing things that aren't
600 pounds and the high -- and the high value that these items are,
so...
MS. WILLIAMS: Absolutely.
CHAIRMAN LoCASTRO: But with that, I don't know -- I
don't think anybody else has any questions. It was -- I just wanted to
raise it a bit because it affected my district, and there was a little bit
more buried in it. Like I said, I wanted to mention the AEDs.
So I'll make a motion to approve.
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Okay. I've got a motion and a
second. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Thank you, ma'am.
CHAIRMAN LoCASTRO: Let's keep going.
Item #12A
REPORT TO THE BOARD ON THE LIVE LOCAL ACT, AND
RECOMMENDATION THAT THE BOARD (1) DIRECT STAFF
June 13, 2023
Page 103
TO PREPARE AND BRING BACK FOR BOARD REVIEW AND
APPROVAL THE ADMINISTRATIVE APPROVAL PROCESS
CONTEMPLATED BY THE ACT, (2) DIRECT STAFF TO
PROVIDE A RECOMMENDATION TO THE BOARD AND/OR
OBTAIN A RECOMMENDATION FROM THE AFFORDABLE
HOUSING COMMITTEE ON WHETHER THE COUNTY
SHOULD ENACT BY ORDINANCE A LOCAL OPTION
AFFORDABLE HOUSING PROPERTY TAX EXEMPTION TO
PROPERTY OWNERS WHO DEDICATE UNITS FOR
AFFORDABLE HOUSING AT UP TO 60% OF THE ANNUAL
MEDIAN INCOME (AMI), AND (3) TO TAKE ANY OTHER
ACTION DEEMED WARRANTED - ACCEPTED AS
PRESENTED
MS. PATTERSON: Okay. Commissioners, that brings us to
Item 12A. This is a report to the Board on the Live Local Act and
recommendation that the Board, one, direct staff to prepare and bring
back for Board review and approval the administrative approval
process contemplated by the act; two, direct staff to provide a
recommendation to the Board and/or obtain a recommendation from
the Affordable Housing Committee on whether the county should
enact, by ordinance, a local option affordable housing property tax
exemption to property owners who dedicate units for affordable
housing at up to 60 percent of the annual median income, AMI; and,
three, to take any other action deemed warranted.
MR. KLATZKOW: This is a very lengthy statute. I've only
addressed the portions of the statute that I believe directly impact
Collier County, which I don't think the impact's going to be that
great.
The Live Local Act was signed into law March 19th by
Governor DeSantis. It seeks to provide available affordable housing,
June 13, 2023
Page 104
and its effective date is July 1st of this year.
Curiously enough, the first thing that the statute does for
affordable housing is it bans local governments from imposing rent
control. There was a statutory provision that gave local governments
the limited ability to declare rent control. That is now gone. Since
we don't have that in this county, there's nothing for this board to do
and, since you're not preempted from it, there's nothing that you can
do.
The statute focuses on commercial and industrial areas, okay.
It does not impact residentially zoned areas. Keep in mind that the
development pattern in Collier County has been to keep everything
agriculture until it comes in for rezoning. We have very few areas in
the county that has traditional zoning. The I-41 corridor being one
of them.
The rest of the county, as far as developable land goes, the bulk
of it is either going to be Estates, which is not within this, or it's
going to be agriculturally zoned, which is not within this. So if this
impacts us, it is going to be in the redevelopment phase of previously
approved commercial and industrial properties.
If this comes about, then it is an automatic process that is a
staff-driven process, not a Board-approved process.
An affordable housing developer would come forward to staff.
He'd have to set aside at least 40 percent of the units as affordable for
a minimum of 30 years. I'm not sure at this point in time who
verifies that, but we'll worry about that if and when that comes.
The density is something that we've been concerned about. I've
talked with Mr. Bosi about that. Arguably, you could use the
91 acres from the mini-triangle. I would strongly argue that that was
a one-off CRA project that has no bearing on the rest of it. I don't
think anybody, by the way, would ask for that anyway, and we'll look
at that reasoning coming up.
June 13, 2023
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They have to satisfy all LDC requirements. That's setbacks,
parking, height. Our traditional height is, the setback would be half
building height. Now, what developers do to get around that is they
came to you with a Comp Plan amendment coupled with a PUD
amendment, which then allows them to do the greater density. But
for that, there are significant site limitations on the density. As
Mr. Bosi was saying before, 16 units per acre can be difficult to fit
into a traditional site.
You also have the issues that they have to have provisions to
manage the water. And, you know, we're all familiar with the lakes
throughout Collier County in developments for that.
The county must consider parking requirements -- reduced
parking requirements if the developments are located within one-half
mile of a major transit stop. I would suggest that we give some
considerable discussion on not doing that. I've lived in a
development once upon a time that didn't have sufficient parkings.
It is a nightmare that you would be imposing on the residents.
And Collier County does not have a lot of on-street parking. So
to have a small parking lot really reduces the amount of visitors that
could actually get there. This isn't like other areas where you simply
park in the street.
COMMISSIONER McDANIEL: So can I interrupt --
MR. KLATZKOW: Absolutely, sir.
COMMISSIONER McDANIEL: -- to make a statement? So
"must consider" doesn't mean "must"?
MR. KLATZKOW: Exactly.
COMMISSIONER McDANIEL: Okay. Thank you.
MR. KLATZKOW: All right. So the impacts on Collier
County, again, I don't think there are going to be many impacts, both
because of our zoning pattern and because of the LDC requirements.
Having said that, the act specifically allows developers to bypass
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the elected body. So it's as-of-right building. They simply have to
meet the code requirements.
Staff is going to have to develop some sort of administrative
process to handle this. I would strongly suggest that staff come back
to the Board so that the Board could look at this administrative
process, because that will be the only time you have to see what this
is going to be like.
Once you bless this process, staff will simply be administering
these things. You're not likely to know about it until the buildings
actually come out of the ground.
Board action that will be requested would be, again, to direct
Mr. Bosi to come back with the administrative review process for
these projects.
Affordable housing, there is a requirement that we publish on
our website, which we already do for county-owned property. I
don't think that we have to do anything to conform to this. I spoke
with Cormac. He agrees that he doesn't believe we have to do much,
but we will take a look at the statute, and if there is any tweaking that
needs to be done, we'll certainly come back to the Board on that on a
staff level.
This could impact us in that it allows property tax discounts for
non-profit entities that build affordable housing. That housing must
be provided for 99 years. I don't know that I'd want to live in a
99-year-old building, but, you know, that's -- that's something for
future generations to figure out. This provision will sunset long after
we're all gone from here. Maybe not from this mortal coil, but
certainly from this boardroom. It has -- it sunsets in 2059. It has
the potential loss of future ad valorem taxes. I don't know whether
this will impact us or not, to be honest.
The statute also gives you the option to exempt from your ad
valorem certain affordable housing. The curious thing about
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affordable housing is it generates far more costs than it actually gives
in ad valorem taxes. It's a high-use use. Whether or not you want
to consider creating the local option property tax is up to you. If
that's something that you'd want to do, I would suggest asking staff to
come back, perhaps, bringing this forward to the Affordable Housing
Committee to look at. Again, this is a local option that would allow
affordable housing developments to be exempt from your ad valorem
taxation.
This is something that Jamie did years ago, expedited process of
building permits. We're not required to do it. We do it anyway. I
don't believe we have anything further to be done. I'm sure that staff
will take a look at the statute, and if there's any tweaking that needs
to be done, they will do it. But this board was way -- years and
years ahead of the curve on this issue.
The final recommendation, then, is to ask staff to come back to
bring back the administrative approval process and to consider
whether or not you want to have staff come back on the issue of the
local option for waiver of the ad valorem tax on affordable housing
and any other action you might deem warranted, and that's it.
CHAIRMAN LoCASTRO: Questions? Commissioner Hall.
COMMISSIONER HALL: Mr. Klatzkow, just one question.
So if we opted in to allow property tax relief, is that, like, in
perpetuity, or can we say, you know, as an incentive, you get the first
three years, or whatever you need, or are we locked into it, or do we
have options for timing?
MR. KLATZKOW: I think you probably have options on this.
I mean, again, this statute's new. I would expect next year the
legislature will come back and tinker with it. They often do. But,
yes, I think that you could create a -- even on a site-by-site basis,
some sort of temporary exemption.
COMMISSIONER HALL: Okay. Thank you.
June 13, 2023
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MR. KLATZKOW: Thank you, sir.
CHAIRMAN LoCASTRO: I guess I'm a little concerned that
Tallahassee thinks this is a very important program, and they're all
proud of passing it. I mean, we all met with Senator Passidomo
personally, and although we didn't have a long discussion about it,
she basically told us in short order this is coming, and you may not
like everything in it, but it's -- it's, you know, important and, you
know, said all those other sort of adjectives and, you know, to just get
a summary on it here and hear that it's -- that your takeaway is it's of
minimal impact to the county.
Now, I realized part of that is -- and I agree with what you were
saying, that we already do a lot of these things that are in there when
it comes to expediting permits and some other things.
But I thought buried in this was going to be some pretty
directive things that were going to change the way we do business
here at the county and that we just couldn't dismiss it because we
didn't like it. Now, you clarified that by saying there's a couple of
things in there that say "must consider," not definitely have to do, and
that actually surprised me, because when we were all in Tallahassee,
it sounded like a whole bunch of "must dos" were coming our way.
I mean, didn't it? And I think you said something -- Commissioner
Hall said something to Senator Passidomo and kind of caught her off
guard a little bit saying that --
COMMISSIONER HALL: She said "I'll look into it."
CHAIRMAN LoCASTRO: She said, "I'll look into it."
COMMISSIONER HALL: An hour and a half later, it passed.
CHAIRMAN LoCASTRO: Yeah. I don't know if there's any
other, you know, questions here or we're -- this is just an overview.
We're not voting on anything.
MR. KLATZKOW: Commissioners, we're very unique. You
have the combination of your zoning pattern, which is mostly
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agriculture in the Estates, so that takes you out. Plus, we're as
expensive a county as there is. From a developer's standpoint,
they're going to make well -- way more money on a luxury project
than they're ever going to do in an affordable housing project.
So from the economics of it, unless we have a significant
economic turndown here, I think you're going to see more and more
units being built at very high rents. I mean, my understanding, that
units across the street from us are going up to 4,000, you know,
apiece, and it's just -- it's just astounding to me, you know, just how
expensive apartments have gotten in Collier County.
CHAIRMAN LoCASTRO: Are we voting on your
recommendations that you had there?
MR. KLATZKOW: Just acceptance of the report.
CHAIRMAN LoCASTRO: Yeah, just accept it. Okay.
Commissioner McDaniel.
COMMISSIONER McDANIEL: In specific here, there are
recommendations to give direction to staff to develop a process for
the --
MR. KLATZKOW: Yes, sir.
COMMISSIONER McDANIEL: -- administrative approval.
I'm not sure that we -- well, we should do that, but I'm -- we're
really -- other than looking at it, we're really not really allowed to
voice an opinion on how and what they're -- what's being proposed
because of the preemptive side of this.
MR. KLATZKOW: Well, you'll be preempted once it's done
but as far as the process goes, you may want to take a look at what
that process is, and you can certainly make adjustments to that
process.
COMMISSIONER McDANIEL: Okay. Yeah. I concur with
that. I concur with all of the recommendations here.
My statement to you is, you know, the -- I would -- I would be a
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little bit more concerned with the advent of this actually coming into
our world just because of the commercially zoned properties along
Davis Boulevard in the triangle right across the street from Airport
Road, some in the CRA district of the commercially zoned properties
that, by right, go to that density of 90-some a unit and a height
restriction that's equivalent to a building that's within a mile. There
are -- there are quite a few pieces of property that could be impacted
by this -- by this new law.
MR. KLATZKOW: Time will tell.
COMMISSIONER McDANIEL: Okay. So, you know, your
statement of it not likely coming, I --
MR. KLATZKOW: I don't think it is, but I've been wrong
before.
COMMISSIONER McDANIEL: Time will tell, certainly, on
whether that will actually transpire. And, again, I think -- I don't
disagree totally with you with regard to it simply because the
requisite of a 40 percent hold for 99 years in an affordable status does
have a large impact on the marketplace.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: I'm going to take a little bit
different approach here. We are working hard to get workforce
housing and affordable housing built in this county, and we've done a
lot to promote that. The $20 million we have in a fund for acquiring
property for that purpose is a good example.
I'd like to be able to adopt some of these proposals. Even if
they don't result in anything significant, they at least send a message
that we are serious about promoting workforce and affordable
housing.
So, for example, the ad valorem tax exemption, the statement
was, well, we're probably not going to have much of that because
more money can be -- can be made in a market-rate type of a project
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here in Collier County. But even if it doesn't generate anything
significant in terms of numbers, I think it still sends a message that
this board is serious about workforce and affordable housing.
So I'd like to take a little step back here and see what we can
implement even if it -- as I said, even if it's a de minimis impact on
the overall problem, because I think it keeps us on the right side of
the issue as far as the public's concerned. And who knows, maybe it
will result in some benefit.
So I would suggest, especially -- and I'll go back to the ad
valorem tax thing for the lower income type of facilities. Why not
approve that? Why not have that as part of our policy and see what
happens?
MR. KLATZKOW: Commissioner, this is an as-of-right
statute, all right. I think it has limited local application, but you
could certainly, through ordinance, make as-of-right affordable
housing in this county and expand on what we have. That would be
a Board prerogative.
COMMISSIONER SAUNDERS: I'm not sure I understand
that.
MR. KLATZKOW: Right now what happens is people come to
you for a Comp Plan amendment and a PUD, all right. You could
take some of the concepts here and expand upon them so that people
can simply go through a staff process for affordable housing rather
than coming to the Board. For example, if it's affordable housing,
you can have up to, pick a number, 25 units per acre provided that
30 percent of that is affordable or what have you. You can make this
as of right. Prior boards never wanted to do that. Prior boards
preferred to hear each case on an individual basis and the impacts on
the local neighborhoods.
COMMISSIONER SAUNDERS: Well, obviously, we're going
to want to hear the impacts on individual neighbors, but I think what
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I'm suggesting is that if there are provisions in this legislation that
give us some flexibility, like the ad valorem tax issue, I think we
should consider those, and maybe that's going to require staff coming
back with some recommendations. But that's just my thought.
COMMISSIONER McDANIEL: I agree.
CHAIRMAN LoCASTRO: Commissioner McDaniel, did you
have something you wanted to add?
COMMISSIONER McDANIEL: Well, the number one real
capacity the local government has with regard to housing
affordability is the expense associated. And one of the main -- one
of the main governances that we have allowed to us is taxation,
whether it be ad valorem or impact fees. But I would like to -- I
would like to see some analysis because, with any development, you
have a variation in your taxation that comes both in ad valorem and
in impact fees. And I'd like to see some analysis on that in that
regard to see if, from a budgeting standpoint, we can get there from
here and provide for that housing affordability if -- I've commented
often on our impact fee structure et al and how that is a statutorily
imposed tax on the first person in and how it elevates the cost. I
think we adopted -- you were -- I think you voted for our pilot
program in Immokalee that --
COMMISSIONER SAUNDERS: Sure.
COMMISSIONER McDANIEL: -- we allowed for the shifting
of that front tax on the first person to be born on the property and
amortized over a 30-year period and took that $30,000 burden off the
first person coming in and allowed it to be amortized and travel with
the property. And that provides for an enormous amount of housing
affordability on the other side of the equation. The cost is essentially
the same, but the burden of the expense isn't borne by the first person
in.
So I'd like to -- I'd like to see some data with regard to what
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impacts these changes will have with us and -- because we do have
some authority over the taxation side.
So I agree with you, Commissioner Saunders.
CHAIRMAN LoCASTRO: Commissioner Hall, and then
Commissioner Kowal.
COMMISSIONER HALL: So the item is up to direct staff for
the process, and they do a pretty good job, a pretty creative bunch.
And so I would like to see what -- the process that comes forth. And
the way that the ad valorem tax relief would come forth, I would
imagine -- and I'm just kind of talking off the top of my head. I
would imagine that the applicant would ask for that, and so in that
process it would come before us to determine whether that would be
something we wanted to do or we didn't want to do instead of just
offering it carte blanche or whatever. I would ask -- so I'm just
anxious to see what the process might be.
MR. KLATZKOW: You would need to enact an ordinance,
and the ordinance would set forth the process.
COMMISSIONER HALL: So we couldn't look at it as a
case-by-case basis?
MR. KLATZKOW: No. You would want would to -- you
would want to put it in ordinance form. You can give yourself a
bunch of discretion in that ordinance, but you would want to put it in
ordinance form.
COMMISSIONER HALL: Couldn't that be part of the process
that --
MR. KLATZKOW: Which process, sir?
COMMISSIONER HALL: So we have somebody that wants to
come forth with an affordable housing project and it's not -- that they
have by right. So they're going to bypass us for rezoning or
whatever because they have it by right.
MR. KLATZKOW: Yes, sir.
June 13, 2023
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COMMISSIONER HALL: But they want -- as incentive, they
want property tax relief, which we do have authority over. So you're
saying we have to have an ordinance that says --
MR. KLATZKOW: It's a local option that you would need to
enact an ordinance if that's what you wish to do.
COMMISSIONER HALL: I guess when I think about an
ordinance, I think about an absolute. So how can we word it or how
can we do it to where we have, on a case-by-case basis, if someone
asks for property tax relief, we have that authority?
MR. KLATZKOW: If you want me to -- if you want to direct
me to work with staff, I will come forward with a proposed ordinance
for your review.
COMMISSIONER HALL: I mean, you hear what I'm saying?
MR. KLATZKOW: I do hear what you're saying, sir.
COMMISSIONER HALL: Okay.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Yeah, I kind of agree with Commissioner McDaniel. I think,
especially in my district, if you look at the western portion of Davis
Boulevard, we have some older -- older commercial properties that
have been there for years and years and some older strip malls that
are in a little bit of blight, you know, unrented. There may be some
people out there, especially if they get the option to get a break on
some of these taxes, and take a chance, take a bite of that apple to
build something in there. And I think that's -- the way we've been
moving, this board's kind of been moving in that direction.
If we have an opportunity to get some affordable workforce type
housing, especially close in to where the jobs are and it cuts down on
traffic, using public transportation, that, you know, these are things
that I think we, ourselves, have already sent up to get approval. So I
don't -- I don't have a problem with us, you know, looking and diving
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a lot deeper.
And on the lines of what Commissioner Hall was saying, I think,
you know, the ordinance could just purely be the proper verbiage,
you know, or a request for something or, you know, in the ordinance.
It's only viewed when there's a request done and the ordinance being
enacted. You know, that way it's not a blanket, you know, cover
ordinance to any developer regardless. It would have to be specific,
an ask.
You know, I don't know if there's a language we can delve into
with the staff and yourself that -- maybe something that you can put
in ordinance form that we use.
MR. KLATZKOW: I will put an ordinance based on your
direction to me, and I'm hearing -- I'm hearing what you're saying,
but right now I only hear two people interested in that ordinances.
COMMISSIONER McDANIEL: Three.
MR. KLATZKOW: Then we'll come forward with one.
COMMISSIONER SAUNDERS: Do you need a motion or
anything?
MR. KLATZKOW: No, it's -- I mean, that's fine. I'll work
with staff and come back with a proposed ordinance.
COMMISSIONER SAUNDERS: Well, let me just reiterate
then -- and when you come back -- we talked about ad valorem taxes
as a possibility, and I understand Commissioner Hall wanting to have
flexibility, and I agree with that.
There may be other things in that multiple 100-page bill that
gives us some ability to, again, send that message that we're serious
about affordable housing.
And so if there are other things that we can consider, that
certainly is one of them. But I'd like to know if there's other things
in there that might benefit that effort.
MR. KLATZKOW: And you can always cut down on what we
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give you. So we'll be expansive in the ordinance.
COMMISSIONER McDANIEL: And if I can, Mr. Chair -- I'll
hit my button.
CHAIRMAN LoCASTRO: Okay. Go ahead, sir.
COMMISSIONER McDANIEL: Just -- and I have no issue or
concern about having this reviewed by the Affordable Housing
Committee. There's a lot of -- there's a lot of really bright people
over there that may have a better mousetrap or an addition to the
mousetrap. So having the ordinance reviewed by them before it
comes back to us I think's a good idea.
MR. KLATZKOW: We will do that.
CHAIRMAN LoCASTRO: Okay. Any other questions?
COMMISSIONER McDANIEL: You don't need a motion on
this?
MR. KLATZKOW: No. I got the -- I've got full direction
from the Board. Thank you.
CHAIRMAN LoCASTRO: County Manager, what else do we
have left?
MS. PATTERSON: Commissioners, that brings us to staff and
commission general communications.
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
15A is public comments on general topics not on the current or
future agenda by individuals not already heard during previous public
comments in this meeting.
June 13, 2023
Page 117
MR. MILLER: We have none.
CHAIRMAN LoCASTRO: Okay. Let's keep pressing. We
don't -- you know, normally we would take a lunch break here, but
we're at the end, so...
Item #15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MS. PATTERSON: We're at the very end.
Just a reminder, we do have our budget workshop starting at
9:00 a.m. on Thursday.
CHAIRMAN LoCASTRO: Right.
MS. PATTERSON: So we'll see all of you there.
And I only have one other item. We did receive
correspondence from the City of Everglades. Because the Governor
still has not signed the budget, they are looking for a little assistance
from the county in support of the appropriation for the EOC fire
station/EMS station down in Everglades City.
So they had just asked anything that we could do, put in a good
word for that item remaining in the budget, that they're looking for
that assistance. So we can have Mr. Mullins write up a letter for the
Chairman's signature just in support, because, of course, it's a very
important project for us. We have had a lot of difficulties down in
Everglades after Hurricane Irma and after Hurricane Ian due to the
flooding and the fire station and our EMS folks being displaced. So
that project moving forward's a good thing for everybody.
COMMISSIONER McDANIEL: I'd be really happy for that
letter.
CHAIRMAN LoCASTRO: Yep. Okay. Let's do that.
MS. PATTERSON: We'll have Mr. Mullins prepare it for your
June 13, 2023
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signature.
Thank you. That's all I have.
County Attorney?
MR. KLATZKOW: Nothing further. Thank you.
CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, any
closing comments?
COMMISSIONER KOWAL: No, I just think we had a very
efficient meeting today. We got through a lot of things quickly. I
commend you.
CHAIRMAN LoCASTRO: I was sick so I didn't talk as much.
COMMISSIONER KOWAL: I didn't want to say that. I was
just --
COMMISSIONER McDANIEL: No disrespect.
COMMISSIONER KOWAL: -- commending you on how you
ran the meeting.
COMMISSIONER McDANIEL: Silence prevails.
CHAIRMAN LoCASTRO: Listen, you guys aren't -- you're
not supposed to agree. You're supposed to say no, no, no. We love
you.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I'm going to bring up one topic that's kind of really old news but
I think it's important.
Back in -- on January 10th, that's when Commissioner McDaniel
had brought up the summer recess issue, and I had suggested that,
you know, we have 13 or 14, 15 members of our staff that sit in these
meetings all day long. We have the Monday meet -- one-on-one
meetings that take all day, but that's only the tip of the iceberg in
terms of what staff has to do to get ready for these meetings, and then
we put on them all kinds of study requests. We just did one for the
county to come back to us pretty quickly on what we can do on
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workforce housing.
I think it's important for -- not for us, because we're not on
vacation. We have a joint MPO -- Collier and Lee County MPO
meeting at the end of August. I mean, we're here. We're doing the
things that we need to do. But I think it's important to give our staff
a bit of a break here. Give them the time off from the meetings, to
complete the studies that we ask them to do.
If they want to take family vacations -- I can tell you we have an
incredibly dedicated staff, and if we say to them, listen, we're going
to have a meeting -- our meeting in August, but staff doesn't have to
be here, we don't have to have everybody here, well, that puts a lot of
burden on staff, because they're going to want to be here. They're
going to want to be available, because that's the nature of the way
they work, and we've witnessed that every time we're here.
I bring this up again because on January 10th, we had two new
commissioners, and it was really just your third meeting, so you
really had no idea what's involved in all of this. And so I just
wanted to raise that subject to see if there's any consideration of
going back to our normal -- what was our normal meeting schedule.
A meeting until July and then come back in the first week of
September for our budget hearings.
I'll just throw that out. If there's any interest in that, we can
proceed to change our schedule. If not, then we just continue with
the schedule as adopted on January 10th.
COMMISSIONER KOWAL: Could I just make a comment?
You know, I started thinking about this, and I was thinking
about traditionally what you guys have done in the past. And I
looked at the August month, and I kind of questioned it because when
I look at family vacations and things like that, you know, in Collier
County, historically, our kids are back in school the first week of
August, second week of August. It's usually the month of July is
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when the whole family's together as a unit where they don't have any
commitments.
And I just thought it was odd that you guys traditionally always
did August because, really, there's no -- you know, at that time people
are going back to their business, especially here with the families and
people having children still in school.
So, I mean, if anything -- you know, one meeting here to give
them a break I think would be more justified in the month of July
than in August when the families are actually combined as a unit.
You know, I was just -- just looking at it from outside, and I was kind
of, you know, dumbfounded why August was the particular month
because I know me as a father, I never had time to take off in August
because my kids were back in school and type of things like that.
So I'm just putting it out there. Just saying if it does happen
and we happen to go back, just -- maybe the dates just don't coincide.
I don't know. Just throwing it out there.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: You know, when this first came up,
I was -- we were brand new. And I certainly didn't want to give the
impression that I didn't want to work, which that's kind of what I was
thinking. I had no idea how the ebb and flow and staff and the work
that -- you know, one week on and one week -- I mean, it takes one
week to prepare. Then they've got the week of the meeting. So I
really didn't have that idea.
I started asking them, I started talking to them. I said, if we had
the summer break what -- you know, it's not about them taking
vacations. Sure, they can do that if they want. But what they
mostly told me was this is a time that we can catch up.
And, it's -- you know, I'm working anyway. I mean, I'm
working all through the summer. I've got a Florida housing
conference to go to. We've got the joint MPO. I mean, we have
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constant meetings with people. So it's not that I'm not willing to
work, because we are working. But if they took the break and
allowed them -- maybe we don't need the three weeks. Maybe two
of it. I would prefer to have the break -- or to hear from them
what -- you know, I don't want to put them on the spot because
they're talking to us, but I'm -- I'm not opposed to -- you know, to
bringing it back.
I certainly didn't know in January that -- if we had the summer
break, I felt like it was me just taking off, like I wasn't willing to
work, which that's not the case at all. It's more about them having
the chance to catch up, having them the chance to reset. And, you
know, budget's coming in September, when it gets real hot and
heavy, and that process has already begun. So I'm not opposed to
bringing it back.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Certainly do anything you
want. Let me repeat what I said before, the rationale behind it. It
certainly is no slant on our staff whatsoever. Our staff's very busy
all of the time. We're all very busy all of the time.
We're here to do the people's business, and we're not a little less
than a 100,000-population community like we were 40 years ago
when I moved here. There's 400,000 people that live here, and those
folks deserve, whether needed or not, or a current situation is set up
to allow them, they deserve the access to their -- to their government
in an official meeting status, number one.
Number two, my suggestion would be leave it alone for what we
have this year. Basically treat it as a pilot program. If we go
through this summer and work through the summer and we find it to
be a waste of our time or our staff's time, we'll make an adjustment in
the spring of next year.
My proposition in those three extra meetings that are -- that are
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slated for the summer are to dive into the budget that's coming upon
us. You haven't been through that budget process.
COMMISSIONER HALL: This is true.
COMMISSIONER McDANIEL: We're going to get another
force-feed with the -- have you read your budget book yet?
COMMISSIONER HALL: The summary.
COMMISSIONER McDANIEL: Yeah. So we're going to get
a force-feed with the fire hose on Thursday with regard to this
budget. And use those extra meetings -- we've already agreed to
withhold contentious land-use items during those extra
meetings -- and use that period of time to dive into the budget to
work with our staff to make sure that the newly adopted vision
statement, mission statement, business plan, and budget priorities are
being adhered to by our staff.
That was my rationale behind it. Now, if you-all want to
change -- or shift back to what we were doing before, I'm fine with
that. I mean, I'm not going to throw myself on this sword. It just
is -- things are different than what they used to be, and so I would
prefer -- and we can debate it again if you want to bring it back as an
official item, but I -- I'm -- those were my rationales when I brought
it forward for six years in a row, and they are still my rationale for --
COMMISSIONER HALL: No, it makes sense.
COMMISSIONER McDANIEL: Well, it's scary -- yeah, so
anyway.
COMMISSIONER HALL: I mean, I -- excuse me, if I may. It
makes great sense, but at the same time, you know, you said our
agenda items are limited because of lack of public access. So there
are things that we're not going to bring up, and it was just a time -- I
think you said, you know, just keep it for the summer and -- or keep
it like it is. And if we don't need that, then we can adjust it. I'm
thinking if we keep it like it was and we do need it, then we can
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adjust it. That was --
COMMISSIONER McDANIEL: That's going backwards. I
have sat through the force-feed with the fire hose in the budget
process, the workshop that we're having on Thursday where we can't
take a vote. We don't vote on anything during that workshop. Staff
sits here in front of us and tells us why they're doing what they're
doing and how they're doing what they're doing.
COMMISSIONER HALL: I remember last year in the
campaign when I --
COMMISSIONER McDANIEL: And so -- again, it's my -- if
you want to bring it back, bring it back. If you -- there was rationale
behind why I was asking for it.
COMMISSIONER HALL: No, I understand.
COMMISSIONER McDANIEL: So it's up to you-all. It's up
to Commissioner Saunders if he wants to do something different.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. We do have a lot of
work to do in terms of the budget, and between now and our meeting
in July, we have a lot of work to do in terms of going through the
budget. And we have a -- we have a month now to do that. And
then when we come back in September, we have that whole month
again to do that. And so it's not that we don't have time to -- on an
individual basis to review the budget, and it's not that we don't have
time to work with the staff on what the priorities are. We have
plenty of time.
We've all sat through budget hearings except for a couple of the
new folks, and, generally, we start at 5:05, and if history is an
indicator of the future, those meetings are usually over by 5:30
because we have no real questions. We have very little public input
because our budgets are so well done. So I don't think -- I don't
think we really need a meeting in August to go over the budget. If
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we do, as Commissioner Hall has said, we can always -- we can
always do that.
One thing I did learn, and over the years that I've been on the
Board, is I know how to count to three. And right now there are two
of us that have said we'd like to kind of consider going back to the
original schedule, and we have one that's indicated that, maybe we
should not be meeting in July. But I think it's too late not to meet in
July because we have --
COMMISSIONER KOWAL: I was just throwing it out there
in consideration, because I just thought it was a funny timeline you
guys always fall under.
COMMISSIONER SAUNDERS: Yeah. And maybe next
year the timeline should be different, but right now we have -- our
first meeting in July we're really digging into the budget. We're
adopting our --
MS. PATTERSON: Maximum.
COMMISSIONER SAUNDERS: -- maximum millage rate and
doing things that we don't want to try to alter now.
COMMISSIONER McDANIEL: We aren't altering it. We've
always met the first meeting in July, always, and then we took the
second meeting in July off and then both of August.
COMMISSIONER SAUNDERS: That's correct.
COMMISSIONER McDANIEL: Which is a crucial period of
time in our -- in our --
COMMISSIONER SAUNDERS: Well, I was in the middle of
a sentence. And I don't want to interrupt you, but you just
interrupted me. And push your button, and let's be orderly about it.
But I was in the middle of a discussion.
COMMISSIONER McDANIEL: Complete your sentence.
Forgive me for interrupting you.
COMMISSIONER SAUNDERS: Mr. McDaniel, I will
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proceed.
CHAIRMAN LoCASTRO: Commissioner Saunders has the
floor.
COMMISSIONER SAUNDERS: So I was saying that I can
count to three, and it looks like there are three members that want to
consider this. And if that's the case -- and, Commissioner Kowal, I
don't want to put words in your mouth, but it sounds like you're
interested in reconsidering this and, if so, then, we will.
COMMISSIONER KOWAL: I mean, I think -- you're asking
me a question. I think -- I think it should be case by case. I
think -- I don't know if -- even if it's as simple as, you know, us
giving the Chair the authority to look ahead and say, you know,
maybe this particular meeting in August or this particular meeting, it
may not be necessary, and the prior meeting before that, we just take
a vote from the dais and say, all right, that particular meeting's not
going to happen.
But I don't know about, you know, reversing anything we've
already done. I mean, if that clarifies what my statement was. I
was just -- I was just drawing attention to in the past, and I was
looking at it, and I didn't see the logic. But now I see the logic
because there's the parts -- moving parts behind, not so much the
giving our staff a break to be with their families or giving them
vacation time and stuff like that.
I looked at it that way as why you guys did it in the past. But
evidently that's not why you did it. It was based on where the
budget falls and where our meetings fall and where we go from there,
so...
COMMISSIONER SAUNDERS: That was a large part of it,
and -- so we have, I think, two and a half.
CHAIRMAN LoCASTRO: Commissioner McDaniel, did you
have a comment? And then Commissioner Hall's -- Commissioner
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Hall?
COMMISSIONER HALL: I was just going to reiterate.
Really, my thoughts were, it wasn't about staff being able to take
vacation, which they can. It was more about them being able to
catch up on the stuff that we put forward to them, and then when we
do come back, we hit the budgeting running, and then they're caught
up. And I've talked to all departments, and that's the general
consensus.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: And, again, if you want to
bring it back, bring it back. We'll certainly have the discussion.
I just want to reiterate that we're here to do the people's business.
CHAIRMAN LoCASTRO: Here's what I would inject here,
rather than just do something on the fly to adjust July and August
meetings in June, why don't you chew on it, give some thought to it,
bring back a viable motion with -- or you can overrule this. I mean,
obviously any commissioner here can do anything. But we're
talking about three meetings. You know, we voted to have, you
know, a second meeting in July, which we normally wouldn't have,
and the two meetings in August.
So I started to hear Commissioner Kowal say something that I
thought maybe had merit, not that it didn't, but it just got me thinking,
okay, is there one of those three meetings that we would not have that
we would -- we would sort of split the difference and have two of the
three? And, I mean, I'm here trying to do math in my head and see
what I would support.
But I don't think, you know, doing some quick knee jerk
here -- or maybe there isn't a knee jerk. Like you said, you can count
to three. If you count to three -- I'll probably stick with what we
already voted on because I agree with Commissioner McDaniel and,
you know, it's something that I supported since I've been in this seat
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for different reasons.
I mean, I hear everything everybody's saying. I disagree with
some of it. I agree with some of it. But I don't think that -- well, I'll
just leave it there. I mean, I said my comments when we voted on
this and it did pass, and I stick by that. I don't think we're a high
school where we take summer vacation, and, you know, I don't -- I
don't mean to say this to disparage our staff at all, but, you
know -- you know, Microsoft doesn't take a summer vacation so
people can catch up.
You know, like I said before, when we voted on this, give me
the names of everybody that needs catch-up time. And I really don't
think that's an actual assessment. It's not a matter of, you know,
people use the summer to catch up. You know, I would hope that's
not the case, because then it sounds like we're very inefficient,
because I don't think Arthrex takes off in the summer, or NCH, to
catch up.
So that -- and that's what I had said, you know, previously. But
my suggestion would be, chew on it. We've got another meeting in
two weeks. And if somebody here feels passionate about it, come
back with an actual motion with something specific, or make a
motion now if, like you said, you think you can count to three and
you have three votes.
I've got Commissioner Hall lit up, and then Commissioner
Saunders is on deck.
COMMISSIONER HALL: I just wanted to throw out, maybe
not three meetings in a row. Maybe come back in the last week of
August -- or the last week of August, so it would give them just some
time to reset. I'm not saying -- we do the people's business. We're
just not up here doing the people's business. And we're limited on
the people's business that we do because we're waiting on publics to
come back.
June 13, 2023
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So we're postponing some of the projects that we're going to
make decisions on so that there is public input. And that was my
only -- that's my only thought. It's -- I have had those conversations,
and they're -- and the heads are nodding. So I was just -- you know
what, we don't have to say, hey, we're going to take three weeks off.
Why don't we take the last -- the last of July and the first of August,
the first meeting of August, and that's a month to reset, so...
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: I think that would be a
reasonable compromise, and I would -- I'll make a motion to do that.
CHAIRMAN LoCASTRO: Commissioner McDaniel, sir,
you're lit up.
COMMISSIONER McDANIEL: Yes. And I just would
suggest, before we -- I mean, you can vote on anything, if you wish,
but have a look at the in-absentia agendas that occur in
September -- that have occurred in September and the amount of
business that actually transpires during that period of time that we
vote on in absentia that -- business that transacts for the people.
Have a look at that before you pull the trigger.
COMMISSIONER HALL: What is "in absentia"?
COMMISSIONER McDANIEL: After the fact. It's already
done.
MS. PATTERSON: Commissioners, if I can clarify. So
during the summer, in that period of time, the second meeting in July
and the two meetings in August, we actually prepare an agenda to
continue with the -- a lot of the ministerial and administrative work of
the county. So the things that would appear on the consent agenda,
it's that type of work.
We have rules on what can go on there. It is nothing that would
have to appear on a regular agenda. There's dollar thresholds of
control as well as span of control issues. So it's the -- it's the routine
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things that you see on the consent agenda continuing on into the
summer, allowing people to buy things, to enter into certain types of
contracts and only certain types. Lots -- lots of rules apply to that
absentia, and then it's ratified by the Board when you come back
from the summer recess.
CHAIRMAN LoCASTRO: Here's what I'll say. I mean, I
haven't been in the seat as long as Commissioner Saunders and
Commissioner McDaniel, but I do remember when we came back
from summer break. I actually was kind of surprised how stuff was
stacked up, you know. And maybe it didn't put us into a tailspin, but
one of the reasons why I supported working through the summer was
so that we kind of had more of a cohesive accomplishment of things.
The other thing, too, is it sometimes is said, well, in the summer
nobody's here. You know, it's seasonal, and everybody's gone.
Well, the people that live here all year-round don't feel that way.
And, you know, allowing somebody to come to that podium every
two weeks is important to that person.
So those were some of the things that factored into it for me.
Granted, we're not going to vote on anything ginormous over the
summer. We already know that. But the regular business of buying
garbage cans and AEDs and passing permits and talking about roads
or having a meeting to get ready for the budget -- I agree with
Commissioner McDaniel, this isn't the -- you know, maybe 100 years
ago before the Centennial they could meet, you know, once every six
months and do the business, but I just think this is a big, huge
machine.
And my initial thought of voting to work through the summer
was similar to what Commissioner Kowal was saying is have the
meetings on the books, and if we think that there's not enough on the
agenda at any time, we can say -- you know, we could cancel a
meeting. But I just thought that was more proactive than saying,
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let's take the summer off, but if we have some business, we'll throw a
meeting on. I like it the other way around, which is we're going to
meet, and if we think the meeting is totally worthless -- but I think
we're going to find out no meeting is worthless. They might be a
little shorter, like they are today, but there's always business, you
know, to do for the county. That was my initial thought.
I don't know if we're squeezing too much juice out of this orange
right now, but --
Commissioner Saunders, did you have something you want --
COMMISSIONER SAUNDERS: No, I would say that if you
do recall back last September when we had our first meeting, we
actually had very short meetings through September, and I remember
commenting that, you know, there was no backlog. I'm not trying to
contradict what you said, but that was my recollection of it was that
we really didn't have a backlog.
And as Commissioner Hall has said, we're here doing the work.
If we need a meeting, the Chairman can call a meeting on his own
motion, three commissioners can come together to call a meeting.
The manager can call a meeting. So we're available if necessary.
We have a motion. I think it's a good compromise. If that
passes, then that's fine. If it doesn't pass --
CHAIRMAN LoCASTRO: What's your -- what's the --
COMMISSIONER SAUNDERS: Well, the motion
was -- Commissioner Hall had said, why don't we just not have a
second meeting in July and not have a first meeting in August. Have
our second meeting in August and move forward from there. And I
thought that was a reasonable compromise. I think it gives staff -- as
Commissioner Hall said, gives staff a month to recalibrate and go
through the projects and come back ready to defend the budget.
COMMISSIONER HALL: I'll second it.
CHAIRMAN LoCASTRO: Okay. I've got a motion and a
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second which would basically, if I'm summarizing correctly -- so we
wouldn't have a meeting -- we have a meeting -- we would have a
meeting the first week of July, no meeting the second time in July, no
meeting the first -- you know, it's not the first week, but the first of
August, and then the last -- we would have a meeting -- so basically
we're crossing off two meetings and keeping the second August
meeting, correct?
COMMISSIONER SAUNDERS: Correct.
CHAIRMAN LoCASTRO: Is that right?
Okay. So I have a motion and a second. All in favor?
COMMISSIONER HALL: Aye.
COMMISSIONER SAUNDERS: Aye.
Opposed?
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: It passes 3-2.
COMMISSIONER SAUNDERS: Did it pass?
COMMISSIONER KOWAL: No, it didn't.
COMMISSIONER McDANIEL: You better recount.
CHAIRMAN LoCASTRO: Okay. Maybe I'm -- well first of
all, it doesn't need to be four votes. It only needs to be three, right?
COMMISSIONER McDANIEL: Three.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER SAUNDERS: I think you had three against.
COMMISSIONER KOWAL: I voted with you two.
CHAIRMAN LoCASTRO: Okay. So the motion was -- the
motion was to amend what we voted on in January, made by
Commissioner Saunders, seconded by Commissioner Hall. And
then I said, "All in favor?" I guess I misheard. I thought
Commissioner Kowal said "aye." So I have an aye from
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Commissioner Saunders, who made the motion, an aye from
Commissioner Hall, who seconded it, and then --
COMMISSIONER McDANIEL: And the motion failed.
CHAIRMAN LoCASTRO: Okay. And then I said,
"Opposed?" Commissioner McDaniel, oppose, correct?
COMMISSIONER McDANIEL: Yes.
CHAIRMAN LoCASTRO: I opposed. And Commissioner
Kowal. I guess that's where I didn't --
COMMISSIONER KOWAL: I opposed.
CHAIRMAN LoCASTRO: Okay. So then it fails 3-2. My
apologies.
COMMISSIONER McDANIEL: You had your cold going on.
CHAIRMAN LoCASTRO: Yeah, it might be, yeah.
Maybe we -- you know, one of the things I was going to say,
too, is, you know, the five commissioners, we used to sit all next to
each other. This is sort of a COVID-19 spreading out, you know,
kind of thing. We'll maybe talk about that at the next meeting.
But I actually had a -- I actually have a proposal for seating.
One of the things that I really like is how we did pass the motion of
the previous chair would be at the -- would take the Tourists
Development Council, that position, and so that rotation is good, and
also just the way we sort of sit up here. I did want to ask you-all, did
we want to sort of -- you know, do you like having the spaces in
between us, you know, the sort of COVID thing?
COMMISSIONER McDANIEL: I don't want to be that close
to you.
CHAIRMAN LoCASTRO: Okay. And I'll present it at
another meeting, but I think, sort of the way that we sit up here is
something that, you know, allows people to sort of -- one of the
things that has been very helpful to me is having the former chair sit
right next to me. And so next year when Commissioner Hall is
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sitting here being surrounded by somebody that's sort of just done it
is helpful.
So -- I don't know. I talked with the County Manager about
how every year we could make some adjustments here so everyone
sort of gets a chance to sort of slide this way and that way, and then
the person that's also sitting here is surrounded by, you know, folks
that have just sort of done it, because it's very helpful. But that's
for -- that's for another day.
Any other comments, gentlemen? I have one last thing.
COMMISSIONER McDANIEL: You haven't called on me.
We've got --
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER HALL: I'm done.
COMMISSIONER McDANIEL: Do you have anything?
COMMISSIONER HALL: Nothing at all, no.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER McDANIEL: I have --
CHAIRMAN LoCASTRO: See how helpful it is having
the -- go ahead.
COMMISSIONER McDANIEL: Yes.
Commissioner Saunders nominated me to be in charge of
agreements with the City of Naples on parking and interlocal
agreements and such, and since I'm already half in trouble with --
CHAIRMAN LoCASTRO: Boy, that was irresponsible.
COMMISSIONER McDANIEL: And we're behind on those
things, I just wanted to ask for a quick update as to -- I know we
talked a little bit about it yesterday both on the parking and the
interlocal agreement. So could I get a brief update?
MS. PATTERSON: Yes, sir.
COMMISSIONER McDANIEL: You don't have to be specific,
just -- I haven't been called to a meeting yet.
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MS. PATTERSON: No, and you won't be for a little bit.
COMMISSIONER McDANIEL: Okay.
MR. RODRIGUEZ: Good afternoon, Commissioners. Dan
Rodriguez, your Deputy County Manager.
We've actually had our third meeting that was about two weeks
ago with the city manager and his chief financial officer as well as Ed
Finn, myself, the County Manager, as well as our budget director.
We had good exchange. We're getting into the details of their
budget as it reflects their expenses associated with their beach access,
and we're getting in the details. Basically, we need to do an
extension at their request so that we can get our numbers a little
closer to meet our expectations, your expectations.
What they provided, they didn't give enough detail on to the
actual expense share and what that the county's allocation is and why
the county would take the full burden of all expenses associated with
the beach accesses and whatnot and as well as utilizing other
opportunities potentially with the TDC for capital improvements to
their 46 beach access points.
So we're having very good conversations, very good
discussions, some details coming out. We have a little bit more
work to do.
COMMISSIONER McDANIEL: Okay. And the interlocal
agreements, I heard there was north of 20?
MS. PATTERSON: There are a lot of interlocal agreements
besides the beach parking.
COMMISSIONER McDANIEL: Are we moving through those
at all?
MS. PATTERSON: I believe we're still in the process of
making sure we even have all of them, but yes. And there are a
number of them that will need to be addressed. We have an impact
fee interlocal that comes to mind immediately.
June 13, 2023
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COMMISSIONER McDANIEL: Very good.
And in regarding to seating, I -- I enjoy the space that we
currently have. And if we do anything, I would give consideration
to a rearrangement and a bit more of a steeper U of the dais, because I
like -- when we're talking, I have to -- I like to look at the people that
I'm talking to, and it makes it difficult when we're almost in a straight
line and you lean forward, and I can see what he's thinking.
CHAIRMAN LoCASTRO: You want to rebuild this table or
what?
COMMISSIONER McDANIEL: Commissioner Saunders
doesn't like me to see what he's thinking, but it helps for me to be
able to see --
CHAIRMAN LoCASTRO: Yeah.
COMMISSIONER McDANIEL: -- the reaction and what's
going on.
CHAIRMAN LoCASTRO: If we have five tight, it only makes
it worse. And like I said, I'll talk at a future meeting just about a
proposal I wanted to make about, you know, every 12 months how
we would -- we would sort of arrange here to help the Chair and then
also to sort of just, you know, give sort of a fresh look here. But
that's for another day.
My last -- are you done, sir?
COMMISSIONER McDANIEL: I'm done.
CHAIRMAN LoCASTRO: Mr. Rodriguez, what's going on
with the fireworks? So do we have a final decision on that yet?
MR. RODRIGUEZ: As of yet, no. The inspection with the
fire inspector at the -- well, let me back up here for a minute. There
are two options. In the discussions with the City of Naples, we were
going to partner and bring a recommendation to the Board where the
county would provide fireworks during the 4th of July celebration,
and the city would provide fireworks on January 1 for the New Year's
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celebration.
CHAIRMAN LoCASTRO: You know, they're advertising
something different right now. They're advertising that they would
do something in December as part of their Centennial. And I just
remember, when we had talked, it sounded like the tradeoff was
going to be New Year's for the 4th. But they've released several
things saying nothing on the 4th of July but on December -- I forget
the date. It's like the 6th when they have their Centennial
celebration, they would have fireworks then. And I think that's a bad
idea. I think the tradeoff of New Year's and 4th of July. But
anyway, I didn't mean to interrupt, but I just -- and I'm sure you know
that they've -- that they have -- they haven't said New Year's Eve.
They've been saying sometime in early December.
MR. RODRIGUEZ: That's correct. And, actually, they voted
to not provide fireworks during the summer.
So the county is planning to -- we're looking at providing
fireworks at the sports complex; however, that requires a fire
inspection as well as working with one of our department heads and
our division with the landfill location, so we're working through that.
The secondary site would be Sugden Park where we customarily
have fireworks. And the good news is we have a vendor -- a new
old vendor who's coming back to do work for us. We have a PO
open ready to roll out the fireworks. They're used to Sugden Park,
and so we'll be bringing that recommendation to you here soon. You
know, within the next day or two we'll make a decision for the
County Manager.
We will continue discussions with the City of Naples and see
how we can partner so that we get the most participation at either of
our events and they're convenient for the residents.
CHAIRMAN LoCASTRO: I think it's going to be
disappointing if we hear that the sports complex isn't going to be
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conducive for fireworks because then, basically, what they're telling
us is it's never going to be conducive because it's going to fail some
sort of inspection because they're concerned about the gas emissions
from the landfill or some other safety concerns. But from a parking
standpoint, you know, all the other things. I mean, Sugden Park's
pretty tight.
Having said that, I think you already answered my question. If
you remember, we have done fireworks at Sugden but not well. So
the last time that we did it, they shot off an hour and a half late, and
everybody was pretty much gone already and there was like, you
know, a mom and three kids who watched the fireworks. I think that
was maybe two 4th of Julys ago, if I remember correctly.
MS. PATTERSON: It was last year.
CHAIRMAN LoCASTRO: So I liked you saying we got a new
older -- right? It's not the same person who promised to do it better
and they actually didn't, correct?
MR. RODRIGUEZ: That's correct. It's a well-established
vendor who other municipalities have utilized and they've been very
successful in the past, so --
CHAIRMAN LoCASTRO: When's the fire inspection at the
stadium? So when do you think we'll hear from you?
MR. RODRIGUEZ: I believe that's today or proposal.
MS. PATTERSON: Wednesday. It's Wednesday, sir.
CHAIRMAN LoCASTRO: Okay.
MS. PATTERSON: And we are working on a contingency
plan for Sugden for parking. So in the event that we are going to go
to Sugden, we are going to utilize potentially campus parking and
work with CAT to provide some transportation like we did for the
boat show.
CHAIRMAN LoCASTRO: Because what we have to
remember, too, is if we're the only game in town -- Sugden was
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always packed, and that was when they were still doing it at the
Naples Pier. So if now Sugden's the only game in town, man, we're
going to have to do something really magical.
So that's why I'm hoping -- and I'm sure we all are hoping the
same thing -- that the stadium is going to pass. I mean, I don't want
to do anything unsafe out there, but I certainly hope that that can be
utilized as a location.
And then I would -- I would just end it by saying -- if we do it at
either location, I think it behooves us to really get with the city and
have them pick up the New Year's Eve celebration and not that their
substitute is doing fireworks in early December when they were
going to do maybe that anyway as part of their celebration. Then we
really haven't traded off anything, so -- but more to follow, I guess.
MS. PATTERSON: Yes, sir.
MR. RODRIGUEZ: Absolutely. And the sports complex,
they have had fireworks in the past. They've gone very well.
As far as the potential at the landfill, I managed the landfill for
13 years, and I've had brushfires on the landfill, around the landfill,
and they were managed appropriately. But if they are presented at
the sports complex, they'll have all the proper approvals and safety
requirements.
CHAIRMAN LoCASTRO: Okay. We'll wait to hear from
you.
Okay. Anything else? Any seconds? Anything.
COMMISSIONER McDANIEL: I'm good.
CHAIRMAN LoCASTRO: Okay. We're adjourned.
*****
**** Commissioner McDaniel moved, seconded by Commissioner
Hall, and carried that the following items under the consent and
summary agendas be approved and/or adopted ****
June 13, 2023
Page 139
Item #16A1
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR ARTHREX STUDIO X,
PL20230005106 – FINAL INSPECTION BY STAFF FOUND THE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON,
APRIL 20, 2023
Item #16A2
RESOLUTION 2023-101: RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES BLOCKS “E” AND
“G2”, APPLICATION NUMBER PL20140002187; AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $73,410.13
Item #16A3
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
AND APPURTENANT UTILITY EASEMENT FOR ESPLANADE
BY THE ISLANDS - PHASE 2A & 2D PL20220004267 - FINAL
INSPECTION BY STAFF FOUND THE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE ON, FEBRUARY 14, 2023
Item #16A4
June 13, 2023
Page 140
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
AND APPURTENANT UTILITY EASEMENT FOR ESPLANADE
BY THE ISLANDS - PHASE 2B, PL20220004268 - FINAL
INSPECTION BY STAFF FOUND THE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE ON, FEBRUARY 14,
2023
Item #16A5
FINAL ACCEPTANCE OF THE SEWER FACILITIES AND
ACCEPT THE CONVEYANCE OF THE SEWER FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 16, PL20220006201
- FINAL INSPECTION BY STAFF FOUND THE FACILITIES TO
BE SATISFACTORY AND ACCEPTABLE ON, DECEMBER 15,
2022
Item #16A6
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES AND ACCEPT THE
CONVEYANCE OF A PORTION OF THE POTABLE WATER
FACILITIES FOR NORTH NAPLES RESEARCH &
TECHNOLOGY PARK – LOT 13 PL20230002978 - FINAL
INSPECTION BY STAFF FOUND THE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE ON, MARCH 21, 2023
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR RITZ-CARLTON NAPLES
June 13, 2023
Page 141
HOTEL ADDITION – PHASE 3, PL20230005425 - FINAL
INSPECTION BY STAFF FOUND THE FACILITIES TO BE
SATISFACTORY AND ACCEPTABLE ON, APRIL 10, 2023
Item #16A8
FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY
FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER FACILITIES AND
APPURTENANT UTILITY EASEMENT FOR THE PLAZA AT
FOUNDERS SQUARE, PL20230001534 - FINAL INSPECTION
BY STAFF FOUND THE FACILITIES TO BE SATISFACTORY
AND ACCEPTABLE ON, APRIL 10, 2023
Item #16A9
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A
GUARANTEE FOR EXCAVATION PERMIT NUMBER
PL20200001049 FOR WORK ASSOCIATED WITH CHRIST THE
KING CHURCH – LAKE WAS INSPECTED BY STAFF ON
APRIL 10, 2023
Item #16A10
CHAIRMAN TO SIGN A ONE-YEAR EXTENSION TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND THE EARLY LEARNING COALITION OF SOUTHWEST
FLORIDA INC., TO PROVIDE LOCAL MATCH FUNDING IN
THE AMOUNT OF $75,000 IN FISCAL YEAR 2024
June 13, 2023
Page 142
Item #16A11
A CONCRETE PAD, AN EMERGENCY GENERATOR, AND
CHAIN LINK FENCE CONSISTENT WITH RIGHT-OF-WAY
(ROW) PERMIT PRROW20220733400, TO ENHANCE PUMP
STATION 300.20, WHICH SERVES THE GREATER NAPLES
FIRE STATION WITHIN NAPLES MANOR
Item #16A12
RESOLUTION 2023-102: PUBLIC HEARING TO CONSIDER
VACATING THE 60-FOOT-WIDE RIGHT-OF-WAY, DRAINAGE
AND UTILITY EASEMENT AS RECORDED IN OFFICIAL
RECORD BOOK 1639, PAGE 1551, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, LOCATED
APPROXIMATELY ¾ OF A MILE EAST OF STATE ROAD 951
(COLLIER BOULEVARD) AND A ¼ SOUTH OF MANATEE
ROAD IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. (PL20220003815)
Item #16B1 – Moved to Item #11B (Per Agenda Change Sheet)
Item #16B2
BUDGET AMENDMENT IN THE AMOUNT OF $93,247.07 TO
RECOGNIZE REVENUES RECEIVED FROM TRAFFIC
ACCIDENT REIMBURSEMENTS FROM INSURANCE
COMPANIES IN LANDSCAPE PROJECT FUND (112)
Item #16B3
June 13, 2023
Page 143
RESOLUTION 2023-103: AMENDMENT TO CONTRACT NO.
ARX56, FINANCIAL PROJECT #412666-1-88-01, STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT),
STATE HIGHWAY TRAFFIC SIGNAL, MAINTENANCE AND
COMPENSATION AGREEMENT, FOR MAINTENANCE OF
FDOT OWNED TRAFFIC SIGNAL SYSTEMS TO BE
MAINTAINED BY COLLIER COUNTY TRAFFIC OPERATIONS,
AND TO APPROVE A RESOLUTION AUTHORIZING THE
CHIEF ENGINEER OF TRAFFIC OPERATIONS TO APPROVE
AMENDMENTS CONSISTING OF MINISTERIAL ANNUAL
UPDATES TO THE STATE HIGHWAY TRAFFIC SIGNAL,
MAINTENANCE AND COMPENSATION AGREEMENT
(CONTRACT NO. ARX56, FINANCIAL PROJECT #41266618801)
WITH FDOT
Item #16B4
CHAIRMAN TO EXECUTE AMENDMENT NO. 2 TO
AGREEMENT 20CO2 WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION BUREAU OF BEACHES
AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING
ASSISTANCE PROGRAM TO PROVIDE ADDITIONAL STATE
REIMBURSEMENT FUNDING IN THE AMOUNT OF $28,382.96,
AND EXTEND THE PROJECT TO SEPTEMBER 30, 2025, AND
MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM
Item #16B5
MEMORANDUM OF AGREEMENT (MOA) WITH THE
FLORIDA COMMISSION FOR TRANSPORTATION
June 13, 2023
Page 144
DISADVANTAGED (FCTD) FOR THE CONTINUATION OF
THE COMMUNITY TRANSPORTATION COORDINATOR
(CTC) DESIGNATION
Item #16B6
ASSUMPTION AGREEMENT TO THE TRANSPORTATION
COORDINATION AGREEMENT BETWEEN UNITED
CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC., AND
COLLIER COUNTY – TO SUNRISE COMMUNITY OF
SOUTHWEST FLORIDA, INC.
Item #16B7
CHANGE ORDER NO. 4 TO AGREEMENT NO. 19-7494,
“DESIGN AND RELATED SERVICES FOR VANDERBILT
BEACH ROAD WIDENING FROM EAST OF U.S. 41 TO EAST
OF GOODLETTE-FRANK ROAD," WITH JACOBS
ENGINEERING GROUP INC., TO DESIGN THE
REPLACEMENT OF A PRIVACY WALL AND MEDIAN
MODIFICATIONS IN A TOTAL NOT TO EXCEED AMOUNT OF
$78,928, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED CHANGE ORDER. (PROJECT #60199)
Item #16B8
RESOLUTION 2023-104: CHAIRMAN TO EXECUTE A PUBLIC
TRANSIT GRANT AGREEMENT (PTGA) BETWEEN COLLIER
COUNTY AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FM# 450306-1-94-02 TO ACCEPT
FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5339
June 13, 2023
Page 145
BUS AND BUS FACILITIES FUNDS IN THE AMOUNT OF
$54,930 FOR THE NECESSARY IMPROVEMENTS TO BUS
STOPS IN ACCORDANCE WITH THE AMERICANS WITH
DISABILITIES ACT (ADA) WITHIN THE RURAL AREAS OF
THE COUNTY; EXECUTE A RESOLUTION MEMORIALIZING
THE BOARD’S ACTION; AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS
Item #16B9
“AFTER THE FACT” SUBMITTAL OF A 2023 FEDERAL
TRANSIT ADMINISTRATION (FTA) SECTION 5324
EMERGENCY RELIEF GRANT APPLICATION IN THE
AMOUNT OF $125,690.30 TO REPAIR DAMAGES TO COLLIER
AREA TRANSIT (CAT) FACILITIES AND RECOUP COSTS FOR
SERVICES RENDERED TO ASSIST WITH EMERGENCY
OPERATIONS AS A RESULT OF HURRICANE IAN
Item #16B10
AWARD INVITATION TO BID (“ITB”) NO. 23-8121,
“CHOKOLOSKEE BRIDGE AND CAUSEWAY REPAIR,” TO
VILLA-FUERTE CONSTRUCTION, LLC, IN THE AMOUNT OF
$210,530.00, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT
Item #16B11
AMENDMENT TO THE DEVELOPER AGREEMENT WITH
HOGAN FARMS LLC, (DEVELOPER) TO CORRECT A
SCRIVENER’S ERROR OMITTING A COMMITMENT AGREED
June 13, 2023
Page 146
TO DURING THE PRIOR APPROVAL
Item #16B12
RESOLUTION 2023-105: PUBLIC TRANSPORTATION GRANT
AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FM# 452749-1-84-01 IN THE
AMOUNT OF $491,530 PROVIDING FOR STATE FUNDING
FOR ELIGIBLE COLLIER COUNTY FIXED-ROUTE TRANSIT
ADMINISTRATIVE, MANAGEMENT, AND OPERATIONAL
EXPENSES ON THE US 41 CORRIDOR; APPROVE AN
AUTHORIZING RESOLUTION AND APPROVE THE
NECESSARY BUDGET AMENDMENT
Item #16B13
SUBMISSION OF THE 47TH AVE. NE BRIDGE PROJECT AS
THE SUBMITTAL FOR THE COLLIER METROPOLITAN
PLANNING ORGANIZATION’S CALL FOR BRIDGE PROJECTS
Item #16C1
CONSTRUCTION INVITATION TO BID (“ITB”) NO. 23-8064,
“NORTH COUNTY REGIONAL WATER TREATMENT PLANT
ROOF IMPROVEMENTS,” TO ADVANCED ROOFING, INC., IN
THE AMOUNT OF $1,222,591.00, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE AGREEMENT
Item #16C2
BUDGET AMENDMENTS IN THE TOTAL AMOUNT OF
June 13, 2023
Page 147
$3,878,350.77 TO REALLOCATE FUNDING FROM
COMPLETED LEGACY PROJECTS, TO UPDATE CURRENT
RECEIVING PROJECT NUMBERS, AND TO FUND CURRENT
PRIORITY NEEDS WITHIN WATER USER FEE CAPITAL
PROJECT FUND (4012) AND WASTEWATER USER FEE
CAPITAL PROJECT FUND (4014)
Item #16C3
CHAIRMAN TO SIGN THE ATTACHED UPDATED FLORIDA
DEPARTMENT OF EMERGENCY MANAGEMENT HAZARD
MITIGATION GRANT PROGRAM CONTRACT
MODIFICATION NUMBER THREE FOR FIFTY-THREE (53)
PORTABLE GENERATORS FOR MODIFICATIONS TO THE
ENVIRONMENTAL AND PROGRAMMATIC SECTIONS IN
ADDITION TO A TIME EXTENSION TO DECEMBER 31, 2023.
(CONTRACT #H0419) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16C4
FIRST AMENDMENT TO AGREEMENT NO. 20-040-NS WITH
FERGUSON ENTERPRISES, LLC, D/B/A SUNSTATE METER &
SUPPLY, TO EXERCISE THE FIRST ONE-YEAR RENEWAL
TERM AND REVISE THE EXHIBIT B FEE SCHEDULE TO
RECOGNIZE THE ADDITION OF NEPTUNE MACH 10
ULTRASONIC METER REPLACEMENTS FOR OBSOLETE
METERS AND PRICE INCREASES ON NEPTUNE HP
PROTECTUS III METERS
June 13, 2023
Page 148
Item #16D1
UPDATE THE PREVIOUSLY APPROVED FY 2022-2023 STATE
AID TO LIBRARIES GRANT APPLICATION AND APPROVE
THE CERTIFICATION OF CREDENTIALS - SINGLE LIBRARY
ADMINISTRATIVE HEAD
Item #16D2 – Moved to Item #11C (Per Agenda Change Sheet)
Item #16D3
INITIAL ALLOCATION OF REGIONAL ABATEMENT FUNDS
FROM THE STATE OF FLORIDA OPIOID SETTLEMENT FUND
IN THE AMOUNT OF $2,628,842.15, AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT. (FUND 1086, PROJECT
#44059)
Item #16D4
CHAIRMAN TO SIGN A COMMUNITY DEVELOPMENT
BLOCK GRANT - CV SUBRECIPIENT AGREEMENT
BETWEEN COLLIER COUNTY AND IMMOKALEE FIRE
CONTROL DISTRICT IN THE AMOUNT OF $33,122.18.
(GRANT FUND 1835)
Item #16D5
“AFTER-THE-FACT” ELECTRONIC SUBMITTAL OF THE
FISCAL YEAR 2023 AMERICORPS SEPTEMBER 11TH
NATIONAL DAY OF SERVICE AND REMEMBRANCE GRANT
APPLICATION TO AMERICORPS IN THE AMOUNT OF
June 13, 2023
Page 149
$202,861 ($6300 IN MATCH), AND ALLOW THE COUNTY
MANAGER, OR THEIR DESIGNEE, TO SERVE AS THE
AUTHORIZED REPRESENTATIVE FOR THE GRANTOR
ELECTRONIC SUBMISSION SYSTEM, EGRANTS,
THROUGHOUT THE GRANT PERIOD
Item #16D6
BUDGET AMENDMENTS TO REFLECT THE ESTIMATED
FUNDING FOR THE EMERGENCY HOME ENERGY
ASSISTANCE PROGRAM IN THE AMOUNT OF $50,000.
(FISCAL IMPACT $50,000, HUMAN SERVICES GRANT FUND
1837)
Item #16D7
THE STATE HOUSING INITIATIVE PARTNERSHIP
HURRICANE HOUSING RECOVERY PROGRAM SECOND
AWARD IN THE AMOUNT OF $1,892,010 TO ASSIST
ELIGIBLE COLLIER COUNTY HOUSEHOLDS WHOSE
PRIMARY RESIDENCE SUSTAINED DAMAGE AS A RESULT
OF HURRICANE IAN, AUTHORIZE THE NECESSARY
BUDGET AMENDMENT, AND AUTHORIZE TWO (2) GRANT
FUNDED FULL-TIME EQUIVALENT POSITIONS TO SUPPORT
PROGRAM ADMINISTRATION. (SHIP GRANT FUND 1053)
Item #16D8
EXTENSION TO THE EMERGENCY SOLUTIONS GRANT-CV
EXPENDITURE DEADLINE AND AUTHORIZE THE
CHAIRMAN TO SIGN THE AGREEMENT BETWEEN COLLIER
June 13, 2023
Page 150
COUNTY AND THE SHELTER FOR ABUSED WOMEN &
CHILDREN, INC., TO SUPPORT SHELTER OPERATIONS IN
THE AMOUNT OF $15,000
Item #16D9
BUDGET AMENDMENTS TO REFLECT THE ESTIMATED
FUNDING FOR THE COMMUNITY CARE FOR THE ELDERLY,
ALZHEIMER’S DISEASE INITIATIVE, AND HOME CARE FOR
THE ELDERLY PROGRAMS IN THE AMOUNT OF $1,767,779;
$28,802 IN CO-PAYMENT CONTRIBUTIONS AND THE
ESTIMATED CASH MATCH OF $30,000. (FISCAL IMPACT
$1,826,581, HUMAN SERVICES GRANT FUND 1837)
Item #16D10
RESOLUTION 2023-106: RESOLUTION APPROVING THE
TRANSPORTATION PLAN FOR ACUTE CARE SERVICES FOR
ADULTS AND CHILDREN IN COLLIER COUNTY FOR THE
STATE FISCAL YEARS 2023-2026
Item #16E1
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY THAT IS NO LONGER VIABLE OR WAS
DAMAGED BEYOND REPAIR DURING HURRICANE IAN,
AND THEN REMOVAL FROM THE COUNTY’S CAPITAL
ASSET RECORDS AND NOTIFICATION OF REVENUE.
(ESTIMATED NET BOOK VALUE OF $44,395.33)
June 13, 2023
Page 151
Item #16E2
"AFTER-THE-FACT" APPROVAL FOR SUBMITTING A GRANT
APPLICATION AND ACCEPTING THE AWARD FOR THE
LOCAL GOVERNMENT CYBERSECURITY GRANT PROGRAM
CONTRACT NO. DMS-22/23-269, INCLUDING AMENDMENT
NO. 1 TO THE CONTRACT, THROUGH THE STATE OF
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES FOR
CYBER SECURITY APPLICATIONS AND UPGRADES IN THE
ESTIMATED AMOUNT OF $199,500
Item #16F1
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 23-8086,
“FEDERAL LOBBYIST SERVICES,” TO BECKER &
POLIAKOFF, P.A., AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT
Item #16F2
RESOLUTION 2023-107: RESOLUTION REPEALING
RESOLUTION NO. 2023-42, ESTABLISHED TO ENACT AN
OUTDOOR BURNING BAN IN THE UNINCORPORATED
AREAS OF COLLIER COUNTY IN ACCORDANCE WITH
ORDINANCE NO. 2009-23, AS AMENDED, THE REGULATION
OF OUTDOOR BURNING AND INCENDIARY DEVICES
DURING DROUGHT CONDITIONS ORDINANCE, BECAUSE
DROUGHT CONDITIONS NO LONGER EXIST
Item #16F3
June 13, 2023
Page 152
AWARD INVITATION TO BID (“ITB”) NO. 23-8107,
“PURCHASE AND DELIVERY OF PLANT MATERIAL FOR
PELICAN BAY SERVICES,” TO HANNULA LANDSCAPING
AND IRRIGATION, INC., AND SITEONE LANDSCAPE
SUPPLY, LLC, AS PRIMARY AND SECONDARY VENDORS
Item #16F4
EARLY TERMINATION OF THE INTERLOCAL AGREEMENT
WITH THE CITY OF NAPLES FOR LEASED OFFICE SPACE
FOR THE COLLIER COUNTY FILM OFFICE AT THE NORRIS
CENTER AND AUTHORIZE THE COUNTY MANAGER, OR
THEIR DESIGNEE, TO SIGN THE WRITTEN NOTICE OF THE
INTENT TO TERMINATE
Item #16F5
RESOLUTION 2023-108: RESOLUTION FIXING THE DATE,
TIME, AND PLACE FOR THE PUBLIC HEARING FOR
APPROVING THE SPECIAL ASSESSMENT (NON-AD
VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT
Item #16F6
RESOLUTION 2023-109: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2022-23 ADOPTED BUDGET. (THE BUDGET
AMENDMENTS IN THE ATTACHED RESOLUTION HAVE
June 13, 2023
Page 153
BEEN REVIEWED AND APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE
SUMMARIES.)
Item #16F7
RECOGNIZE AND APPROPRIATE REVENUE TO IN
FACILITIES MANAGEMENT DIVISION COST CENTERS IN
THE AMOUNT OF $165,000, AND AUTHORIZE ALL
NECESSARY BUDGET AMENDMENTS
Item #16G1
SUBMITTAL OF THE ATTACHED FEDERAL AVIATION
ADMINISTRATION (FAA) AIRPORT IMPROVEMENT
PROGRAM (AIP) GRANT APPLICATION TO REQUEST
ELIGIBLE FUNDS IN THE AMOUNT OF $1,791,798 FOR THE
MARCO ISLAND EXECUTIVE AIRPORT (MKY) BULK
HANGAR CONSTRUCTION PHASE AND DESIGNATE THE
COUNTY MANAGER AS THE AUTHORIZED
REPRESENTATIVE TO SUBMIT THE APPLICATION AND
ACCEPT THE AWARD ELECTRONICALLY
Item #16G2
RESOLUTION 2023-110: RESOLUTION 2023-111:
RESOLUTIONS AUTHORIZING EXECUTION OF THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
PUBLIC TRANSPORTATION GRANT AGREEMENTS (PTGA)
NUMBER G2J86, FM 446362-1-94-01 IN THE AMOUNT OF
$247,934 FOR THE MARCO ISLAND EXECUTIVE AIRPORT
June 13, 2023
Page 154
(MKY) AND PTGA NUMBER G2K13, FM 446361-1-94-01 IN
THE AMOUNT OF $1,108,171 FOR THE IMMOKALEE
REGIONAL AIRPORT (IMM) FOR FUEL FARM
IMPROVEMENTS AND AUTHORIZE ALL NECESSARY
BUDGET AMENDMENTS. AIRPORT GRANT FUND (4093),
AIRPORT GRANT MATCH FUND (4094) AND AIRPORT
CAPITAL FUND (4091)
Item #16G3
CHAIRMAN TO EXECUTE THE ATTACHED COLLIER
COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE
AGREEMENT WITH FLETCHER FLYING SERVICE INC.,
D/B/A COASTAL AIR STRIKE, FOR A CORPORATE
AIRCRAFT HANGAR STORAGE FACILITY AT THE
IMMOKALEE REGIONAL AIRPORT
Item #16G4
RESOLUTION 2023-112: RESOLUTION AUTHORIZING
EXECUTION OF PUBLIC TRANSPORTATION GRANT
AGREEMENT (PTGA) NUMBER G2J23, FM 452976-1-94-01
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
TO ACCEPT FUNDING IN THE AMOUNT OF $194,500 FOR
SECURITY ENHANCEMENTS AT THE IMMOKALEE
REGIONAL AIRPORT AND AUTHORIZE ALL NECESSARY
BUDGET AMENDMENTS. AIRPORT GRANT FUND (4093),
AIRPORT GRANT MATCH FUND (4094) AND AIRPORT
CAPITAL FUND RESERVES (4091) (PROJECT #33604)
June 13, 2023
Page 155
Item #16I1
MISCELLANEOUS CORRESPONDENCE JUNE 13, 2023
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
JUNE 13, 2023
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION
AS DIRECTED:
A. DISTRICTS:
1) Naples Heritage Community Development District:
01/03/2023 Agency Memo; Signed Meeting Minutes & Agency Mailing;
03/07/2023 Agency Memo; Signed Meeting Minutes & Agency Mailing
B. OTHER:
1) Immokalee Water & Sewer District
Basic Financial Statements & Supplementary Information together
w/additional Reports for Years Ended September 30, 2022, and 2021
June 13, 2023
Page 156
Item #16J1
BUDGET AMENDMENT RECOGNIZING $1,170,000 IN
REVENUES AND EXPENDITURES IN THE SHERIFF'S OFFICE
FY 2023 GENERAL FUND BUDGET
Item #16J2
THE FY 2023 SCAAP LETTER DELEGATING AUTHORITY TO
SHERIFF KEVIN RAMBOSK TO BE THE OFFICIAL GRANT
APPLICANT AND CONTACT PERSON, OR HIS DESIGNEE,
AND TO RECEIVE, EXPENDS THE PAYMENT AND MAKE
ANY NECESSARY BUDGET AMENDMENTS OF THE FY 2023
OF THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM
(SCAAP) GRANT FUNDS
Item #16J3
SELECTION COMMITTEE’S FINAL RANKING FOR REQUEST
FOR PROPOSAL NO. 23-8081, “AUDIT SERVICES," AND TO
AUTHORIZE STAFF TO ENTER INTO CONTRACT
NEGOTIATIONS WITH THE TOP-RANKED FIRM, CLIFTON
LARSON ALLEN LLP.
Item #16J4
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 MAY 11, 2023, AND MAY 31,
June 13, 2023
Page 157
2023 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J5
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF JUNE 7, 2023
Item #16K1
RESOLUTION 2023-113: APPOINT THREE MEMBERS TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE –
APPOINTING HANNAH ROBERTS AND ANDREW TERHUNE
BOTH REPRESENTING EMPLOYERS WITHIN JURISDICTION
AND TERMS EXPIRING ON OCTOBER 1, 2026; AND
APPOINTING THOMAS FELKE REPRESENTING ADVOCATE
FOR LOW-INCOME PERSONS AND W/TERM EXPIRING ON
OCTOBER 1, 2024
Item #16K2
RESOLUTION 2023-114: APPOINT FOUR MEMBERS TO THE
COASTAL ADVISORY COMMITTEE – REAPPOINTING DAVID
TRECKER AND JIM BURKE; REAPPOINTING ERIK
BRECHNITZ TO REPRESENT THE CITY OF MARCO ISLAND;
AND APPOINTING JUDITH HUSHON TO REPRESENT THE
CITY OF NAPLES, ALL W/TERMS EXPIRING ON MAY 22,
2027
Item #16K3
June 13, 2023
Page 158
RESOLUTION 2023-115: APPOINT TWO MEMBERS TO THE
COLLIER COUNTY CODE ENFORCEMENT BOARD –
APPOINTING MANMOHAN N BHATLA AND KEVIN
JOHNSON BOTH W/ TERMS EXPIRING FEBRUARY 14, 2027
Item #16K4
RESOLUTION 2023-116: REAPPOINT A MEMBER TO THE
CONTRACTORS LICENSING BOARD – REAPPOINTING KYLE
LANTZ W/TERMS EXPIRING ON JUNE 30, 2026
Item #16K5
RESOLUTION 2023-117: APPOINT A MEMBER TO THE
EMERGENCY MEDICAL AUTHORITY – APPOINTING
STEPHEN ULIK REPRESENTING THE CITIZEN
REPRESENTATIVE W/TERM EXPIRING ON DECEMBER 31,
2026
Item #16K6
RESOLUTION 2023-118: APPOINT THREE MEMBERS TO THE
WATER AND WASTEWATER AUTHORITY – REAPPOINTING
PATRICIA SHERRY AND ELOY RICARDO BOTH W/TERMS
EXPIRING ON MAY 21, 2027
Item #16K7
CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN THE
LAWSUIT STYLED REGINA PANASUK AND ROBERT
CATAPANO-FREIDMAN V. COLLIER COUNTY BOARD OF
June 13, 2023
Page 159
COMMISSIONERS, (CASE NO. 23-CA-332), NOW PENDING IN
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $25,000
Item #17A - Moved to Item #9C (Per Agenda Change Sheet)
Item #17B – Moved to Item #9D (Per Agenda Change Sheet)
Item #17C
RESOLUTION 2023-119: RESOLUTION TO ADD 901± NET
ACRES TO THE TOWN OF AVE MARIA STEWARDSHIP
RECEIVING AREA (SRA) AND REVISE THE SRA TOWN PLAN
AND MASTER PLAN. THE SUBJECT PROPERTY CONSISTS
OF 5,928 ACRES LOCATED NORTH OF OIL WELL ROAD AND
WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33,
TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTIONS 4
THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH,
RANGE 29 EAST IN COLLIER COUNTY, FLORIDA.
[PL20210002041]
Item #17D
RESOLUTION 2023-120: RESOLUTION REPEALING AND
REPLACING SCHEDULES ONE AND TWO OF APPENDIX A
TO SECTION FOUR OF THE COLLIER COUNTY WATER-
SEWER DISTRICT UNIFORM BILLING, OPERATING, AND
REGULATORY STANDARDS ORDINANCE NO. 2001-73, AS
AMENDED, INCREASING USER RATES FOR WATER,
WASTEWATER, IRRIGATION QUALITY WATER, AND
June 13, 2023
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:55 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEAL S/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
-;24% . _
RICK LoCASTRO, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
IC ,tat4)
.-:c\ ... " 4,014A. n
Ge
,d St as to Unitas
rinature only.,
These minutes a roved by the Board on /1 23 , as
presented il 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 161