BCC Minutes 12/12/2023December 12, 2023
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, December 12, 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
Derek Johnssen, Finance Director, Clerk's Office
Troy Miller, Communications & Customer Relations
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December 12, 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
December 12, 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
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December 12, 2023
ALLEGIANCE.
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER
AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE
REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE
NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE
A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A
MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC
PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM
TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN.
SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A
FUTURE AGENDA FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT
ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK
PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING
CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE
MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE
SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC
SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
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December 12, 2023
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Pastor Greg Ball, Destiny Church Naples
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. September 7, 2023, Budget Meeting
C. September 21, 2023, Budget Meeting
D. November 14, 2023, BCC Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) Randall Lewis - Water
b) Bill Fassold - Communications, Government, & Public Affairs
2) 25 YEAR ATTENDEES
a) Roy Hendry - Wastewater
b) Janet Pereira - Library
3) 30 YEAR ATTENDEES
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December 12, 2023
a) Richard Degalan - Parks & Recreation
b) Martha Vellos - Operations & Regulatory Management
4) 35 YEAR ATTENDEES
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
A. Proclamation designating January 16, 2024, as National Religious Freedom
Day. To be accepted by Greg Harper, President, Inspired Learning Center,
and other distinguished guests.
B. Proclamation designating January 12, 2024, as Rev. Dr. Martin Luther King
Jr. Prayer Breakfast Day in Collier County. To be accepted by Ric L. Neal,
Wynn Watkins, and Dr. Henry Floyd.
C. Proclamation designating November 2023 as Distinguished Public Service
Awards Month in Collier County. To be accepted by Russell Budd. Event
Chair, Distinguished Public Service Awards, and President, Collier County
100 Club, and other distinguished guests.
5. PRESENTATIONS
A. ARTIST OF THE MONTH
1) Presentation of the winners of the Centennial Public High School
Student Art Contest.
B. Presentation of the Collier County Business of the Month for December
2023 to Residence Inn by Marriott Naples. To be accepted by Jeffery
Arman, General Manager, and Michelle Tabi, Director of Sales. Also
present is Bethany Sawyer, Vice President of Membership and Investors, the
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Greater Naples Chamber of Commerce.
C. Recommendation to accept the Annual Business Plan for Paradise Coast
Sports Complex from Sports Facilities Management, LLC. (All Districts)
6. PUBLIC PETITIONS
A. Public Petition by Susan Zehnder on an addendum to the Management
Agreement for the Pelican Bay Community Park Pickleball Project.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to adopt an amendment to the Collier County Citizen
Corps Ordinance, in order to add a membership category for The United
Way, remove Civil Air Patrol and replace with Collier Ready - Community
Organizations Active in Disaster (COAD), and revise quorum requirements.
(This is a Companion to Item #16K1) (All Districts)
B. Recommendation to approve an Ordinance amending the Collier County
Growth Management Plan to change the designation of property from
Estates-Mixed Use District, Residential Estates Subdistrict to the Estates-
Commercial District, 13th Ave SW Commercial Infill Subdistrict within
Urban Golden Gate Estates Sub-Element of the Golden Gate Area Master
Plan Element to allow up to 171,500 square feet of gross floor area of self-
storage and mini-warehousing (SIC 4225). The subject property, consisting
of 5.53± acres, is located southwest of the intersection of 13th Avenue SW
and Collier Boulevard, north of Green Boulevard in Section 15, Township
49 South, Range 26 East, Collier County, Florida. [PL20220000289] (This is
a Companion to Item #9C) (District 3)
C. This item requires that ex-parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance to
rezone 5.53± acres of property from the Estates (E) zoning district to a
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commercial planned unit development (CPUD) zoning district for a project
to be known as 4050 13th Avenue Commercial Planned Unit Development
to allow development of up to 171,500 square feet of gross floor area of self-
storage and mini-warehouse (SIC 4225). The property is located southwest
of the intersection of 13th Avenue SW and Collier Boulevard, north of
Green Boulevard in Section 15, Township 49 South, Range 26 East, Collier
County, Florida. [PL20210003321] (This is a Companion to Item #9B)
(District 3)
D. A Resolution relating to the Capital Improvement Element of the Collier
County Growth Management Plan, Ordinance 89-05, as amended, providing
for the Annual Update to the Schedule of Capital Improvement Projects,
within the Capital Improvement Element of the County Growth
Management Plan based on the 2023 Annual Update and Inventory Report
on Public Facilities (AUIR), and including updates to the 5-year Schedule of
Capital Projects contained within the Capital Improvement Element (for
Fiscal Years 2024-2028) and the Schedule of Capital Projects contained
within the Capital Improvement Element for the Future 5-year (for Fiscal
Years 2029-2033), providing for severability, and providing for an effective
date. [PL20230013268] (This is a Companion to Item #11A) (All Districts)
E. This item requires that all participants be sworn in, and Commission
members provide ex-parte disclosure. Recommendation to approve an
Ordinance amending Marco Shores Golf Course Community (Marco
Shores) Planned Unit Development (PUD), Ordinance Number 81-6, as
amended, to increase the maximum number of residential multi-family
dwelling units from 1,580 units to 1,670; adjust off-street parking standards,
and add an Airport Disclosure and Permitting Commitment; for property
located near the Marco Island Executive Airport, on the north side of
Mainsail Drive and 1.7 miles east of Collier Boulevard, in Section 26,
Township 51 South, Range 26 East, Collier County, Florida.
[PL20220003791] (District 1)
F. Recommendation to approve an Ordinance which would create the unpaved
private road emergency repair municipal service taxing unit by authorizing a
levy of not to exceed one (1.0000) mil of ad valorem taxes per year.
(All Districts)
10. BOARD OF COUNTY COMMISSIONERS
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December 12, 2023
A. This item to be heard at 10 A.M. Presentation regarding the
redevelopment of the Golden Gate Golf Course. (District 3)
B. This item to be heard at 1 P.M. Recommendation to direct the County
Attorney to advertise and bring back to the Board an ordinance that will
implement a twelve-month moratorium on privately-initiated Growth
Management Plan amendment applications for properties located adjacent to
(1) Immokalee Road from I-75 east to Oil Well Road, and (2) Vanderbilt
Beach Road from I-75 east to its end, while Growth Management Plan
amendments are vetted with the public and advisory boards. (All Districts)
11. COUNTY MANAGER'S REPORT
A. Recommendation that the Board consider exploring a 2026 Countywide
Infrastructure Sales Surtax voter referendum and authorize staff to initiate
related actions. (This is a Companion to Item #9D) (Ed Finn, Deputy County
Manager) (All Districts)
B. Recommendation to award Invitation to Bid (“ITB”) No. 23-8096, “Pelican
Bay New Maintenance Facility” to Heatherwood Construction Company in
the amount of $5,340,571, authorize the Chairman to sign the attached
Construction Services Agreement, and approve the necessary budget
amendment. (Ed Finn, Deputy County Manager) (All Districts)
C. This item to be heard at 11 A.M. To have the Board hear a presentation by
ResourceX relative to Board direction to recommend an approach to achieve
improved budget priority alignment, efficiency, cost containment,
accountability, and transparency. (Ed Finn, Deputy County Manager)
(All Districts)
D. Recommendation that the Board accept staff's Presentation on the attached
proposed Facility License Agreement and Addendum between FC Naples
USL, LLC, USL Pro-2, LLC, and PARA SFM, LLC at the Paradise Coast
Sports Complex. (To be presented by Jack Adams VP Sports &
Entertainment, Adrian Moses, PCSC General Manager) (All Districts)
12. COUNTY ATTORNEY'S REPORT
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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 adopt a Resolution of the Board of County
Commissioners of Collier County, Florida amending the
Administrative Code for Land Development, which was created by
Ordinance No. 2013-57, providing an effective date. (All Districts)
2) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $64,200 which was posted as a
guaranty for Excavation Permit Number PL20210002845 for work
associated with Juniper Pointe. (District 1)
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3) This item requires that Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants
are required to be sworn in. Recommendation to approve for
recording the final plat of Anthem Parkway - Phase 5A (Application
Number PL20220004186), approval of the standard form
Construction and Maintenance Agreement, and approval of the
performance security in the amount of $4,078,639.40. (District 5)
4) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $1,000,000 which was posted as a
guaranty for Excavation Permit Number PL20220006147 for work
associated with Esplanade by the Islands – Phase 2. (District 1)
5) Recommendation to approve final acceptance of the potable water,
irrigation quality water, and sewer facilities and accept the
conveyance of the potable water, irrigation quality water, and sewer
facilities for SkySail - Phase 4 of Phase 1B, PL20230007835.
(District 5)
6) 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 PL20230000175 for work
associated with Country Club of Naples Golf Course Improvements.
(District 4)
7) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $68,780, which was posted as a
guarantee for Excavation Permit Number PL20220003792 for work
associated with FPL Puma Transmission Substation. (District 5)
8) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $85,960, which was posted as a
guarantee for Excavation Permit Number PL20210001856 for work
associated with Maple Ridge at Ave Maria Phase 7B. (District 5)
9) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Valvoline Green Tree Center,
PL20230015012. (District 2)
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10) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Grand Living, PL20230014121. (District 2)
11) Recommendation to approve final acceptance of the potable water and
sewer facilities and accept the conveyance of the potable water and
sewer facilities for Isles of Collier Preserve Phase 17,
PL20230012820. (District 4)
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the amended final plat of Winchester Phase 2
(Application Number PL20230009406) approval of the standard form
Construction and Maintenance Agreement and approval of the
performance security in the amount of $182,292.55. (District 5)
13) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for 2545 Northbrooke Plaza Drive – Brightstar
Care Office, PL20230016008. (District 2)
14) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $214,916, which was posted as a
guarantee for Excavation Permit Number PL20190002607 and
PL20190002338 for work associated with Manatee Cove. (District 1)
15) 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 Lintree Medical Center, PL20220008573.
(District 3)
16) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications for the final plat of Royal Palm Golf Estates Replat
#3, Application Number AR-6774 (PL20110001921), and authorize
the release of the maintenance security in the amount of $374,130.95
(District 1)
17) This item requires that Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants
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are required to be sworn in. Recommendation to approve for
recording the final plat of SkySail - Phase Two (Application Number
PL20220002180), approval of the standard form Construction and
Maintenance Agreement, and approval of the performance security in
the amount of $4,616,344.48. (District 5)
18) This item requires that Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants
are required to be sworn in. Recommendation to approve for
recording the minor final plat Esplanade by the Islands - Phase 3
Replat, Application Number PL20230013673. (District 1)
19) Recommendation to hear a Land Development Code amendment at
two regularly scheduled daytime hearings and waive the nighttime
hearing requirement. (All Districts)
20) Recommendation to approve the Conservation Collier Dr. Robert H.
Gore III Preserve 10-Year Final Management Plan under the
Conservation Collier Program. (All Districts)
21) Recommendation to authorize Staff to apply to the Florida Fish and
Wildlife Conservation Commission’s (FWC) Invasive Plant
Management Section (IPMS) to be eligible to receive funding
assistance services, worth up to $150,000 in FY 2024 or FY 2025, for
the removal of invasive exotic melaleuca quinquenervia within
Conservation Collier’s North Belle Meade Preserve, and to authorize
staff to accept such funding assistance services, if awarded.
(All Districts)
22) Recommendation to approve an Easement Use Agreement
(Agreement) for Lots 3, 4, & 5, Block C, Goodland Isles First
Addition, according to the plat thereof as recorded at Plat Book 8,
Page 1 of the public records of Collier County. (EUA-
PL20220005415) (District 1)
23) Recommendation to authorize the Chairman to sign a Memorandum
of Agreement with the Florida Fish and Wildlife Conservation
Commission to allow youth hunts at Pepper Ranch Preserve in
January 2024 and February 2024. (All Districts)
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24) Recommendation to authorize the Office of the County Attorney to
initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, in relation to $26,159.15 in accruing code enforcement liens,
arising from the Office of the Special Magistrate Case Nos.
CENA20120012930, CENA20130002952, CENA20130008799,
CENA20130012608, CENA20210003518, CENA20220004824, and
CENA20230000528, titled Board of County Commissioners, Collier
County, Florida, vs. Carlos Erik Estrada. (District 5)
25) Recommendation to approve the release of a code enforcement lien
with an accrued value of $22,800 for a reduced payment of $3,000 in
the code enforcement action titled Board of County Commissioners v.
Esteban Vargas Ayala and Esperanza Ramirez Reyes, in Code
Enforcement Board Case No. CESD20210007329 relating to property
located at 17037 Blue Heron Dr., Collier County, Florida. (District 1)
26) Recommendation to approve the release of a code enforcement lien
with an accrued value of $23,679.37 for payment of $1,681 in the
code enforcement action titled Board of County Commissioners v.
Phyliss Westmoreland, in Special Magistrate Case No.
CEPM20200010446 relating to property located at 2997 Wilkinson
Ln., Collier County, Florida. (District 5)
B. TRANSPORTATION MANAGEMENT DEPARTMENT
1) Recommendation to approve and authorize the purchase of a John
Deere 6135E Cab Tractor and two associated attachments from Deere
& Company utilizing Cooperative Procurement Piggyback 222
“110719 - JDC Agricultural Tractors & Equipment”, using Tourist
Development Tax fund 1105 in the amount of $120,865.39, and make
a finding that this expenditure promotes tourism. (All Districts)
2) Recommendation to approve and authorize the purchase of a Barber
Surf Rake from H. Barber & Sons, Inc., utilizing Cooperative
Procurement Piggyback 341 “Refuse Handling Equipment – RH08-
20”, using Tourist Development Tax Fund 1105 in the amount of
$70,914.00, and make a finding that this expenditure promotes
tourism. (All Districts)
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December 12, 2023
3) Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 to Agreement 21CO1 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 $173,758 for
a total of $6,061,823 for Collier County Beach Renourishment and
make a finding that this item promotes tourism. (All Districts)
4) Recommendation to Award a Work/Purchase Order for a Request for
Quotation ("RFQ") for the Chateau at Vanderbilt Box Culvert and
Seawall Repair project under Agreement No. 20-7800, “Underground
Contractor Services,” to Quality Enterprises USA, Inc., in the amount
of $985,627, and to Authorize the Chairman to Sign the Attached
Work/Purchase Order. (Project No. 50240) (District 2)
5) Recommendation to approve and authorize the Chairman to execute a
Work Order with Humiston & Moore Engineers to provide
professional engineering services for State required Annual
Monitoring of Collier County Beaches and Inlets for 2024 under
Contract No. 18-7432-CZ for time and material not to exceed
$157,840 and make a finding that this item promotes tourism (Fund
1105, Project No. 90536). (All Districts)
6) Recommendation to approve and authorize the Chairman to execute
Change Order No. 1 to Contract No. 18-7432-CZ with Taylor
Engineering, Inc. to allow for additional funding in the amount of
$32,780 for the construction-phase and final certification for the
“Collier County Dune Restoration Planting Project” and make a
finding that this item promotes tourism. (All Districts)
7) Recommendation to Award a Work/Purchase Order for a Request for
Quotation ("RFQ") for the Golden Gate City Alignment L South
project under Agreement No. 20-7800, “Underground Contractor
Services” to Douglas N. Higgins, Inc., in the Total Amount of
$886,786, and to authorize the Chairman to Sign the Attached
Work/Purchase Order. (Project No. 51029) (District 3)
8) Recommendation to approve the selection committee’s ranking and
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December 12, 2023
authorize staff to begin contract negotiations with Stantec Consulting
Services, Inc., related to Request for Professional Services (“RPS”)
No. 23-8159, “Post Design Services for Stan Gober Memorial Bridge
Rehabilitation,” and direct staff to bring a proposed agreement back
for the Board’s consideration at a future meeting. (Project No. 66066)
(District 5)
9) Recommendation to approve a First Amendment to Agreement No.
20-7740, “Storm Debris Collector Cleaning Services,” with
Shenandoah General Construction, LLC., to renew the agreement for
one additional year and provide for a price increase. (All Districts)
10) Recommendation to Approve Change Order No. 1 Under Agreement
No. 20-7713R, “Engineering Design Services for Lake Trafford
Stormwater Improvements and Water Treatment Facility,” with GHD
Services, Inc., and authorize the Chairman to sign the attached change
order to extend the length of the contract by 970 Days. (Project
Number 60143) (District 5)
11) Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 to Agreement No. 23CO3 with the Florida
Department of Environmental Protection Bureau of Beaches and
Coastal Systems Beach Management Funding Assistance Program to
accept additional grant funding for damage caused by Hurricanes Ian
and Nicole and make a finding that this item promotes tourism.
(All Districts)
12) Recommendation to terminate for convenience Construction
Agreement #23-8111 with Phillips and Jordan, Inc., as the contractor
of the Reach A 2023 “Collier 2023 Emergency Truck Haul and
Construction” project, and authorize the Chairman to sign Change
Order No. 1 to Agreement No. 18-7432-CZ with APTIM
Environmental and Infrastructure, LLC, for the professional
engineering services providing re-survey, re-design, bidding
assistance, and post-design services for the remaining South Naples
emergency berm and make a finding that this item promotes tourism.
(Project No. 50280) (All Districts)
13) Recommendation to authorize a budget amendment to recognize carry
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December 12, 2023
forward for projects within the Transportation Supported Gas Tax
Fund (3083) and Transportation & CDES Capital Fund (3081) in the
amount of $44,152.64 (Projects #60085, #69331 and #69333).
(All Districts)
14) Recommendation to award Invitation to Bid (“ITB”) No. 23-8136,
“Lely Golf Estates Municipal Service Taxing Unit (MSTU) - Grounds
Maintenance,” to A&M Property Maintenance LLC, as the primary
vendor, and Superior Landscaping & Lawn Service Inc., as the
secondary vendor, and authorize the Chairman to sign the attached
agreements. (District 1)
15) Recommendation to approve Resolutions approving and authorizing
the submittal of Federal Transit Administration (FTA) Section 5310,
Rural 5311, and Rural 5339 FY2024/2025 grant applications and
applicable documents to the Florida Department of Transportation
(FDOT) through FDOT TransCIP to support transit operations and
system capital improvements; with a total anticipated fiscal impact of
$2,884,996 with a Federal share of $1,837,440, State share of
$199,261 and Local match of $848,295 supported by General Fund
(0001) Annual Transfer. (All Districts)
16) Recommendation to accept the award and authorize the Chairman to
execute Grant Agreement No. LPA0524 between the Florida
Department of Environmental Protection (FDEP) and the County for
aquatic plant mechanical harvesting equipment in the amount of
$110,000, execute all necessary forms, and authorize the necessary
budget amendments (Fund 1841). (All Districts)
17) Recommendation to recognize FY 2023/24 Safe Streets and Roads for
All (SS4A) Safety Action Plan Grant funding in the amount of
$200,000 to the Collier Metropolitan Planning Organization (MPO)
from the Federal Highway Administration (FHWA), plus $50,000 in
local matching funds, and to authorize the necessary budget
amendment. (Project #33874, Funds 1841 and 1842) (All Districts)
18) Recommendation to accept the December 2023 Project Update for
Post Ian Inland Waterway Debris Removal. (Project #33852) (Daniel
Roman, Supervisor Project Management) (All Districts)
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December 12, 2023
19) Recommendation to accept the December 2023 Project Update for
Carson Road Stormwater Treatment Area. (Project No. 60143)
(Daniel Roman, Supervisor Project Management) (District 4)
20) Recommendation to approve a request to advertise notice of the terms
and conditions of a proposed exchange of 1.51 acres of land on the
south side of Painted Leaf Lane, no longer needed for county
purposes, for 1.69 acres of adjoining land to be assembled with
abutting County-owned land, for future right of way, drainage, utility
and/or other public uses, and set a hearing date for the proposed
resolution authorizing the exchange. Estimated fiscal impact: $28,000
revenue. (District 3)
21) Recommendation to approve administratively approved Change Order
No. 2, under Agreement No. 21-7850 with Zep Construction, Inc., for
the “11 Bridge Replacement, Package B” Project, for additional items
covered by the Owner’s Allowance, and authorize the Chairman to
sign the attached change order. (Project No. 66066) (District 5)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Invitation to Bid (“ITB”) No. 23-8145,
“Generator Rental Services” to 360 Energy Solutions, LLC, as
Primary Vendor, United Rentals (North America), Inc., as Secondary
Vendor, and Herc Rentals Inc., as Tertiary Vendor, and authorize the
Chairman to sign the attached Agreements. (All Districts)
2) Recommendation to award Request for Proposal (“RFP”) No. 23-
8091R, “Generator Maintenance and Repairs,” to Genserve LLC. and
authorize the Chairman to sign the attached Agreement. (All Districts)
3) Recommendation to approve an After-The-Fact payment in the
amount of up to $21,727.57 to R2T, Inc., for additional work
associated with Contract No. 21-7825, “NCWRF EQ #3 Odor Control
Improvements – Phase 1 Construction,” which was not properly
authorized as required by the contract and retroactively approve
administratively approved Change Order #1 for draw on the Owner’s
allowance in the total amount of $22,812.41 and authorize the
Page 17
December 12, 2023
Chairman to sign the change order (Project #70148). (District 2)
4) Recommendation to approve Change Order No. 1, under Purchase
Order No. 4500215169 with U.S. Water Services Corporation for the
Pump Station 121.02 Repair and Renovations Project, to add
stormwater improvements to the scope of work included in Work
Directive No. 1 in the amount of $115,336.42, to extend the time of
the project for an additional 120 days and authorize the Chairman to
sign the attached change order. (PUD Project Number 70240)
(District 2)
5) Recommendation to award Request for Professional Services (“RPS”)
No. 22-8011, “Design Services for Wilson Blvd Wellhouse &
Infrastructure Improvements,” to Jacobs Engineering Group Inc., in
the amount of $1,140,019, and authorize the Chairman to sign the
attached Agreement. (Project Number 70085) (District 3, District 5)
6) Recommendation to approve Change Order Number 9 to use the
remaining allowance funds in the amount of $43,584.67, to increase
the total contract price, in the amount of $239,013.17 to
$4,082,013.17, add 14 days to the contract, waive liquidated damages
in the amount of $1,622,191.00, and authorize payment of Pay
Application No. 8 pertaining to Agreement No. 20-7769 for the
“South County Regional Water Treatment Plant Reactor Tank 4”
project with Mitchell & Stark Construction Company, Inc. (Project
No. 70135) (All Districts)
7) Recommendation to approve an after-the-fact payment in the total
amount of $10,901.37 to Allied Universal Corporation for the
purchase of a chemical necessary for the South Water Plant, which
was erroneously acquired from the secondary vendor under
Agreement No. 21-7921, the Countywide Chemicals contract, instead
of the low bid primary vendor. (All Districts)
8) Recommendation to (1) approve an after-the-fact payment of two
invoices for materials totaling $1,715.09, which materials were
obtained prior to the Work Directive being issued, to PWC Joint
Venture, LLC under construction agreement 19-7671 “South County
Water Reclamation Facility Reclaimed Water Storage Tank
Page 18
December 12, 2023
Improvements; (2) payment for materials in the amount of $48,790.40
purchased for the project, but installed on a different project as part of
an unrelated project for emergency repairs at the same facility; and (3)
a 10% material mark up in the amount of $4,602.87 for the same
materials purchased, but installed as part of an unrelated project for
emergency repair at the same facility for the grand total amount of
$55,108.36 that are due to the Contractor based on the materials
received and used by the County. (Project Number 70204)
(All Districts)
9) Recommendation to approve Change Order No. 2 to Construction
Agreement No. 21-7825, “NCWRF EQ#3 Odor Control
Improvements - Phase 1”, with R2T, Inc. for draw from the owner’s
allowance in the amount of $12,238.43. (Project Number 70148)
(All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve a Budget Amendment in the amount of
$245,769.64 to fully fund needed repairs to five (5) historic structures
at Collier Museum at Government Center. (District 4)
2) Recommendation to approve and authorize the removal of
uncollectible accounts receivables in the amount of $178,644.13 from
the financial records of the Library Division in accordance with
Resolution No. 2006-252, determine that adjustment is in the best
interest of the County, and authorize the Chairman to execute the
attached Resolution. (All Districts)
3) Recommendation to approve a Memorandum of Understanding with
the local utility companies Florida Power & Light and Lee County
Electric Cooperative "After-the-Fact" for the Emergency Home
Energy Assistance Program, which assists with delinquent electric
bills to income-eligible Collier County elderly residents. (Human
Services Grant Fund 1837) (All Districts)
4) Recommendation to approve an “After-the-Fact” Amendment
between the Area Agency on Aging for Southwest Florida, Inc.,
American Rescue Plan Act funding under the Home-Based
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December 12, 2023
Community Services-Enhanced Home Care for the Elderly grant
program for the Collier County Services for Seniors Program with
revision to amend the term of the contract, update Table 1 Deliverable
Requirements, Table 2 Delivery Schedule, Table 3 Payment Schedule,
and Exhibit II Funding Summary to decrease by $304,665.56. (Human
Service Grant Fund 1837) (All Districts)
5) Recommendation to approve an “After-the-Fact” First Amendment
and attestation statement with the Area Agency on Aging for
Southwest Florida, Inc. for Alzheimer’s Disease Initiative and Home
Care for the Elderly grant programs to increase the respective
contracts by $40,000 and $18,000, revision to the Funding Summary
(Attachment II) and the Annual Budget Summary (Attachment X &
IX) and authorize the supporting Budget Amendments. (Human
Services Grant Fund 1837) (All Districts)
6) Recommendation to approve and authorize a Budget Amendment to
recognize carry forward interest earned, in the amount of $4,493.13,
for the period of January 2023 through September 2023 on advanced
library funding received from the Florida Department of State to
support library services for the use of Collier County residents.
(Public Service Match Fund 1840) (All Districts)
7) Recommendation to approve and authorize the Chairman to sign the
First Amendment between Collier County and Legal Aid Service of
Broward County, Inc., d/b/a Legal Aid Service of Collier County for
the administration of the Community Development Block Grant - CV
program to extend the period of performance, modify language within
project components, redistribute funds between project components,
and change the National Objective, with a net $0 impact. (Grant Fund
1835) (All Districts)
8) Recommendation to approve the Bureau of Justice Assistance
expenditure extension for award #2020-DC-BX-0138 - Collier County
Adult Drug Court Enhancement Program from September 30, 2023, to
March 31, 2024. (Human Services Grant Fund 1837 and Human
Services Match Fund 1838) (All Districts)
9) Recommendation to approve and authorize the Chairman to sign a
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December 12, 2023
Landlord Payment Agreement between Collier County and Anchor
Construction Group of SWFL, LLC., allowing the Community and
Human Services (CHS) Division to administer the Rapid Re-Housing
and Homelessness Prevention Program through the Emergency
Solutions and Rapid Unsheltered Survivor Housing Grants Program.
(Housing Grant Fund 1835 and Housing Match Fund 1836)
(All Districts)
10) Recommendation to approve and authorize the submission of the
Collier County U.S. Department of Housing and Urban Development
Consolidated Annual Performance and Evaluation Report for the
Community Development Block Grant, HOME Investment
Partnership, and Emergency Solutions Grant programs for Fiscal Year
2022-2023 as required; approve the Consolidated Annual
Performance and Evaluation Report Resolution; and authorize the
Chairman to certify the Consolidated Annual Performance and
Evaluation Report. (All Districts)
11) Recommendation to waive liquidated damages in the amount of
$295,750 for Project #80405.3 under Agreement No. 21-7833 for
“Golden Gate Community Park Activity Pool Reconstruction and
Restroom Alteration” with Compass Construction, Inc. (District 3)
12) Recommendation to approve a Second Amendment to the Lease
Agreement with the owner of Naples Grande Beach Resort, HP-SSP
Naples Hotel LLC, to extend the lease term for an additional twenty
(20) years plus two (2) 10-year renewals and amend certain other
provisions to enhance Clam Pass Beach Park operations and its
facilities. (District 2)
E. CORPORATE BUSINESS OPERATIONS
1) Recommendation to approve the purchase of Group Health
Reinsurance through SunLife in the estimated amount of $853,320
effective January 1, 2024. (All Districts)
2) Recommendation to approve an Assumption Agreement assigning all
rights, duties and benefits, and obligations from ShredQuick, Inc.
(“ShredQuick”) to VRC Companies, LLC. d/b/a Vital Records
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December 12, 2023
Control (“VRC”) under Agreement No. 19-7670, “Mobile On-Site
and On-Call Shredding Services.” (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to authorize the Chairperson to execute twenty (20)
Deed Certificates for purchased burial rights at Lake Trafford
Memorial Gardens Cemetery and authorize the County Manager or
designee to take all actions necessary to record the Deed Certificates
with the Clerk of the Court’s Recording Department. (District 5)
2) Recommendation to adopt a Resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the Fiscal Year 2023-24 Adopted Budget. (The Budget
Amendments in the attached Resolution have been reviewed and
approved by the Board of County Commissioners via separate
Executive Summaries.) (All Districts)
3) Recommendation to establish a policy for leasing a County-owned
mobile home at the Paradise Coast Sports Complex to law
enforcement officers for greater onsite law enforcement presence,
adopt a standard lease template, and authorize the County Manager or
their designee to execute such leases. (District 3)
4) Recommendation to award Invitation to Bid (“ITB”) No. 23-8165
“Collier County Sheriff’s Office Special Operations Chiller Systems
Renovation” project, to B & I Contractors, Inc., in the amount of
$900,000, and authorize the Chairman to sign the attached Agreement.
(Project No. 53010) (District 1)
5) Recommendation to approve Change Order No. 5 under Agreement
No. 18-7277, with Stantec Consulting Services, Inc., relative to the
Collier the Collier County Sheriff’s Forensic Facility to increase the
value of Task 5.0 (Final Building Design) in the amount of $126,220,
to increase the value of Task 9.0 (Construction Administration) in the
amount of $599,434, to add time of 1,096 days to the contract
expiration date, and to authorize the Chairman to sign the attached
Change Order. (Project No. 70167) (All Districts)
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December 12, 2023
6) Recommendation to award Request for Proposal (“RFP”) No. 23-
8102, “Cost Allocation Planning,” to MGT of America Consulting,
LLC, and authorize the Chairman to sign the attached agreement.
(All Districts)
7) Recommendation to award Request for Proposal (“RFP”) No. 23-
8139, “Security Services,” to Universal Protection Service, LLC d/b/a
Allied Universal Security Services, LLC, and authorize the Chairman
to sign the attached Agreement. (All Districts)
8) Recommendation to approve an Extension of Agreement No. 12-5957
with PFM Financial Advisors LLC (“PFM”), extending the agreement
with PFM through May 31, 2026, as an exemption to the competitive
process under Section 2-193(14) of the Code of Laws and Ordinances
of Collier County, Florida. (All Districts)
9) Recommendation to approve Change Order No. 6, for $485,259 under
Agreement No. 19-7650, Golden Gate Golf Course Redevelopment
Planning and Engineering, to conduct an Environmental Site
Assessment at Golden Gate Golf Course and provide
recommendations for rehabilitation and authorize the Chairman to
sign the attached Change Order. (Project No. 80412) (District 1)
10) Recommendation to award Invitation to Bid (“ITB”) No. 23-8162,
“Air Filtration Services,” to Filter Pro USA, LLC d/b/a FilterPro IAQ
for “Air Filtration Services,” approve and authorize the Chairman to
sign attached Agreement No. 23-8162, thereby terminating existing
Agreement NO. 18-7399. (All Districts)
11) Recommendation to recognize accrued interest from the period April
1, 2023, through September 30, 2023, earned by EMS County Grant,
Project No. 33655, and appropriate funds for a total amount of
$3,642.00 (All Districts)
12) Recommendation to approve amendments to Article 13 and Article 20
of the Collective Bargaining Agreement between Collier County and
the Collier EMS/Fire District 14 Bargaining Unit, Southwest Florida
Professional Firefighters and Paramedics, Local 1826, International
Association of Firefighters, Incorporated. (All Districts)
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December 12, 2023
13) Recommendation to approve Agreement #24-004-NS-WV with
ImageTrend, LLC, authorize expenditures for the sole source purchase
of electronic patient care service as software from ImageTrend for a
period of five years in an amount not-to-exceed $75,000 per fiscal
year. (All Districts)
14) Recommendation to approve a Lease Agreement with the City of
Marco Island allowing for Emergency Medical Services’ continued
occupancy at the newly reconstructed Marco Island Fire Station 50,
located at 1280 San Marco Road, to maintain the level of service on
Marco Island and to terminate the previously executed Lease
Agreement. (District 1)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence December 12, 2023 (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to accept the Clerk’s report indicating no interest
paid pursuant to Florida Statute 218.78 for the fiscal year ended
September 30, 2023. (All Districts)
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements in the amount of
$27,924,814.82 were drawn for the periods between November 2,
2023 and November 15, 2023 pursuant to Florida Statute 136.06.
(All Districts)
3) 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 in the amount of
$44,120,463.18 were drawn for the periods between November 16,
Page 24
December 12, 2023
2023, and November 29, 2023, pursuant to Florida Statute 136.06.
(All Districts)
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of November
22, 2023. (All Districts)
5) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of December
6, 2023. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to reclassify one member and appoint two new
members to the Collier County Citizen Corps. (This is a Companion
to Item #9A) (All Districts)
2) Recommendation to appoint 2 members to the Industrial Development
Authority. (All Districts)
3) Recommendation to appoint a member to the Bayshore Beautification
Advisory Committee. (District 4)
4) Recommendation to appoint a member to the Haldeman Creek
Dredging Maintenance Advisory Committee. (District 4)
5) Recommendation to reappoint a member to the Health Facilities
Authority. (All Districts)
6) Recommendation to reappoint six members to the Development
Services Advisory Committee. (All Districts)
7) Recommendation to authorize the annual publishing in the newspaper
of a required notice that the County may publish certain statutorily
required legal advertisements and notices on the Clerk of the Circuit
Court’s public notice website. (All Districts)
8) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
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December 12, 2023
Roberts Drilling, Inc. and any other responsible parties for $34,073 in
damages caused to a 12-inch water main near the intersection of
Mainsail Drive and Collier Boulevard. (All Districts)
9) Recommendation to approve and execute a Third Amendment to the
Mediated Settlement Agreement between the County, La Minnesota
Riviera, LLC, and the Riviera Golf Estates Homeowners Association,
Inc., regarding settlement of a Bert Harris Claim concerning the
Riviera Golf Course, in order to extend the timeframes provided for in
the Agreement. (All Districts)
10) Recommendation to approve a Stipulated Final Judgment in the
amount of $85,500 plus $29,384.14 in statutory attorney fees, experts’
fees and costs for the taking of Parcels 337FEE and 337TDRE
required for the Vanderbilt Beach Road Extension Project No. 60168.
(All Districts)
11) Recommendation to approve a Stipulated Final Judgment in the
amount of $45,550 plus $14,574.37 in statutory attorney fees, experts’
fees, and costs for the taking of Parcel 1121FEE required for the
Vanderbilt Beach Road Extension Project No. 60168. (All Districts)
12) Recommendation to approve a Stipulated Final Judgment in the
amount of $113,975 plus $30,106.99 in statutory attorney fees and
costs, and experts’ fees and costs for the taking of Parcel 1137FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
(All Districts)
L. COMMUNITY REDEVELOPMENT AGENCY
------------------------------------------------------------------------------------------------------------
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
Page 26
December 12, 2023
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
------------------------------------------------------------------------------------------------------------
A. Recommendation to adopt a Resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to the
FY23-24 Adopted Budget. (The budget amendments in the attached
Resolution have been reviewed and approved by the Board of County
Commissioners via separate Executive Summaries.) (All Districts)
B. Recommendation to enact an ordinance that adopts the Florida Building
Code, Eighth Edition (2023), adds certain local exceptions and amendments
to the Florida Building Code, incorporates current local wind zone maps,
and repeals Ordinance 2020-48. (All Districts)
C. Recommendation to adopt a Resolution amending Schedules One, Two,
Three, Four, and Five of Appendix A to Section Four of Collier County
Ordinance No. 2001-73, as amended, titled the Collier County Water-Sewer
District Uniform Billing, Operating, and Regulatory Standards Ordinance,
amending proposed rates for water, wastewater, irrigation quality water,
wholesale potable water, and miscellaneous service charges with effective
dates of January 1, 2024, October 1, 2024, and October 1, 2025.
(All Districts)
D. Recommendation for the Board of County Commissioners to amend
Ordinance No. 2004-58, as amended, the Collier County Property
Maintenance Code by amending Section Six, compliance with housing
standards, to reduce minimum square footage requirements for multi-family
dwelling units. (All Districts)
E. This item requires that Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to adopt an Ordinance amending
Ordinance Number 90-028, the Monterey Planned Unit Development
(PUD), to correct a scrivener’s error in Section 2.04.05 of the PUD
Document relating to floor area; and providing for an effective date. The
subject 194.03 ± acre PUD is located on the south side of Vanderbilt Beach
Road and north of Orange Blossom Drive approximately 900 feet east of
Goodlette-Frank Road in Section 2, Township 49 South, Range 25 East, in
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December 12, 2023
Collier County, Florida. [PL202300016639] (District 2)
F. A Resolution of the Board of County Commissioners proposing an
amendment to the Collier County Growth Management Plan, Ordinance 89-
05, as amended, specifically amending the Future Land Use Map to extend
the planning period from 2012-2025 to 2023-2045; furthermore, directing
transmittal of the proposed amendment to the Florida Department of
Commerce. [Coordinator: David Weeks, AICP, Senior Project Manager]
PL20220006512 - FLUE/FLUM Land Use Planning Period Change to 2023-
2045 GMPA. (All Districts)
G. This item requires that Commission members provide ex-parte
disclosure. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20230013952, to disclaim, renounce and vacate the County and the public
interest in a portion of the north 10-foot drainage easement located on Lot
36, and a portion of the south 10-foot drainage easement located on Lot 37,
Collier County Production Park, Phase 1-B, as recorded in Plat Book 15,
Pages 7 and 8 of the public records of Collier County, Florida, located in
Section 29, Township 48 South, Range 25 East, Collier County, Florida and
to accept Petitioner’s grant of a drainage easement to replace the vacated
drainage easements. (District 4)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
December 12, 2023
Page 2
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Good morning, everybody.
AUDIENCE MEMBER: Good morning.
CHAIRMAN LoCASTRO: Full house. What, were they
giving out free breakfast at the door? What's going on? Do you
guys all know where you are? This is Board of County
Commissioner meeting, right? You all think you won the lottery or
something like that?
Okay. So we're going to get -- we have a really full agenda
today.
Just a couple reminders, since we do have a full house. Please
put your phones on silent, okay? We don't want to hear your Pink
Panther theme when your phone rings and that sort of thing. And if
a lot of people are here to speak at the podium and you haven't done
that before, you have three minutes. We don't cut you off the second
the light's on, but be cognizant of your time. If somebody before
you already said what you wanted to say, you could say, you know,
"I pass" if you're going to be repetitive. But you get your three
minutes, so I don't say that to cut anybody off.
And then, you know, we really work hard to keep this a very
professional meeting. You know, I've said before tongue in
cheek -- and God rest his soul -- you know, this isn't The Jerry
Springer Show. So, you know, people screaming out and clapping
and hooting and hollering, we don't do any of that in here. We really
try to keep it professional and give the person at the podium the
respect they deserve so when you come to the podium you get that
same respect.
Having said that, we're going to start with the prayer, and then
I'm going to ask Commissioner Chris Hall, who will be our next chair
in January -- we switch chairs. We all take turns. So,
Commissioner Hall, I would ask him to lead us in the Pledge after the
December 12, 2023
Page 3
prayer.
Item #1A
INVOCATION BY PASTOR GREG BALL, DESTINY CHURCH
NAPLES - INVOCATION GIVEN
PASTOR BALL: All right. A huge honor to be here.
God, we thank you for this opportunity we have to have a
meeting here and to get wisdom from heaven. I ask that you would
guide our elected officials. We thank you for them. We ask your
blessing on this meeting. We thank you, Lord, as we looked last
night to the sky and saw the beauty of your goodness, Lord.
We thank you for the goodness of God. We ask, God, that you
would just give calmness and just peacefulness and, Lord, everything
to be done with wisdom, and we just ask your guidance over this
meeting. In the name of Jesus we pray, amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN LoCASTRO: Okay. County Manager, let's roll.
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 KOWAL – APPROVED AND/OR ADOPTED
W/CHANGES
MS. PATTERSON: Good morning. Agenda changes for the
December 12, 2023
Page 4
Board of County Commissioners' meeting December 12th, 2023.
First is to continue Item 16F3 to the January 9th, 2024, BCC
meeting. This is a recommendation to establish a policy for leasing
a county-owned mobile home at the Paradise Sports -- Paradise Coast
Sports Complex to law enforcement officers for greater on-site law
enforcement presence, adopt a standard lease template, and authorize
the County Manager or their designee to execute such leases. This is
being moved at staff's request.
We have a correction to Item 17C. The "whereas staff also
recommends changes" statement on Page 2 needs a date change to
October 1st, 2023. October 1st, 2024 was listed in the uploaded
resolution.
Items 10A and 10B are both sponsored by Commissioner
Saunders.
And we have a series of time-certain items. Item 10A is to be
heard at 10 a.m. This is a Golden Gate Golf Course presentation.
Item 11C to be heard at 11 a.m., which is to have the Board hear a
presentation by ResourceX relative to Board direction to recommend
an approach to achieve budget priority alignment, efficiency, cost
containment, accountability, and transparency. And Item 10B to be
heard at 1 p.m., which is an advertisement for a 12-month
moratorium on privately initiated Growth Management Plan
amendment applications for properties located adjacent to, one,
Immokalee Road from I-75 east to Oil Well Road, and, two,
Vanderbilt Beach Road from I-75 east to its end while Growth
Management Plan amendments are vetted with public and advisory
boards.
We have court reporter breaks set for 10:30 and 2:50.
With that, County Attorney.
MR. KLATZKOW: No changes. Thank you.
MS. PATTERSON: Commissioner changes and ex parte
December 12, 2023
Page 5
disclosure on the consent and summary agenda.
CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, sir,
do you have any changes or ex parte?
COMMISSIONER KOWAL: No changes and no ex parte on
summary or agenda -- summary and consent.
CHAIRMAN LoCASTRO: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I have no changes to the agenda and no ex parte.
CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Good morning,
Mr. Chair. No further changes, and I do have one declaration on
16A17. I've had emails and calls.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: No changes and no ex parte.
CHAIRMAN LoCASTRO: I have no changes, and I have
some declarations on 9E. I have meetings and emails. It was the
Marco Shores issue.
Okay. Next?
MS. PATTERSON: We need a motion to accept the agenda
with changes.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER KOWAL: Second.
COMMISSIONER HALL: Second.
COMMISSIONER SAUNDERS: Okay. I've got a motion
from Commissioner McDaniel, second by Commissioner Kowal.
All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
December 12, 2023
Page 6
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Next.
*****
SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
December 12, 2023
Continue Item 16F3 to the January 9, 2024 BCC Meeting: Recommendation to establish a policy for leasing a
County-owned mobile home at the Paradise Coast Sports Complex to law enforcement officers for greater onsite
law enforcement presence, adopt a standard lease template, and authorize the County Manager or their designee to
execute such leases. (Staff’s Request)
Notes: Correction to item 17C: The “Whereas, staff also recommends changes” statement on page 2 needs a
date change to October 1, 2023. (October 1, 2024, was listed in the uploaded resolution.)
Items 10A and 10B were both sponsored by Commissioner Saunders
TIME CERTAIN ITEMS:
Item 10A to be heard at 10 AM: Golden Gate Golf Course Presentation.
Item 11C to be heard at 11 AM: To have the Board hear a presentation by ResourceX relative to Board direction
to recommend an approach to achieve improved budget priority alignment, efficiency, cost containment,
accountability, and transparency.
Item 10B to be heard at 1 PM: Advertisement for a twelve-month moratorium on privately-initiated Growth
Management Plan amendment applications for properties located adjacent to (1) Immokalee Road from I-75 east to
Oil Well Road, and (2) Vanderbilt Beach Road from I-75 east to its end, while Growth Management Plan
amendments are vetted with the public and advisory boards.
12/12/2023 10:46 AM
December 12, 2023
Page 7
Item #2B
SEPTEMBER 7, 2023, BUDGET MEETING - MOTION TO
APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER HALL - APPROVED
MS. PATTERSON: That brings us to approval of minutes.
First is the meeting minutes for September 7th, 2023, budget
meeting.
COMMISSIONER SAUNDERS: I'll move for approval,
Mr. Chairman.
CHAIRMAN LoCASTRO: Motion to approve by
Commissioner Saunders. Do I have a second?
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Second by Commissioner Hall.
All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Item #2C
SEPTEMBER 21, 2023, BUDGET MEETING - MOTION TO
APPROVE BY COMMISSIONER HALL; SECONDED BY
COMMISSIONER MCDANIEL - APPROVED
December 12, 2023
Page 8
MS. PATTERSON: Next, Item 2A2 is meeting minutes from
the September 21st, 2023, budget meeting.
COMMISSIONER HALL: So moved.
COMMISSIONER McDANIEL: Second.
CHAIRMAN LoCASTRO: Okay. Got a motion by
Commissioner Hall. Second by Commissioner McDaniel. All in
favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Item #2D
NOVEMBER 14, 2023, BCC MINUTES - MOTION TO APPROVE
BY COMMISSIONER KOWAL; SECONDED BY
COMMISSIONER HALL - APPROVED
MS. PATTERSON: And, finally, 2A3 is the meeting minutes
from the November 14th, 2023, BCC meeting.
COMMISSIONER KOWAL: Motion.
CHAIRMAN LoCASTRO: Okay. Motion to approve by
Commissioner Kowal. A second by -- do I have a second?
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Second by Commissioner Hall.
All in favor?
COMMISSIONER McDANIEL: Aye.
December 12, 2023
Page 9
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Whose phone was that that rang? It seemed like it was over in
this area here. It wasn't? Okay. All right. Okay. All right. If
it's out in the crowd -- if it's out in the crowd, you get a pass. If it
comes from anywhere here, I mean, bad stuff's going to happen.
COMMISSIONER KOWAL: He panicked and ran out of the
room.
CHAIRMAN LoCASTRO: Okay. Next.
MS. PATTERSON: That brings us to Item 3, awards and
recognitions. We do have a series of employee recognitions today.
Let's start with our Item 3A1, 20-year attendees.
Item #3A1a
AWARD AND RECOGNITION - 20 YEAR ATTENDEES -
RANDALL LEWIS - WATER – PRESENTED
First we have 20 years, Randall Lewis from water.
Congratulations.
(Applause.)
CHAIRMAN LoCASTRO: Come on down, Randall. You're
the next contestant on the Price is Right. He wasn't sure what to do.
He was like, yeah, that's me, Randall Lewis.
Here. I'll take that stickie for you.
(Applause.)
December 12, 2023
Page 10
Item #3A1b
AWARD AND RECOGNITION - 20 YEAR ATTENDEES - BILL
FASSOLD - COMMUNICATIONS, GOVERNMENT, & PUBLIC
AFFAIRS – PRESENTED
MS. PATTERSON: Next 20 years, Bill Fassold,
Communications, Government, and Public Affairs. Congratulations.
(Applause.)
Item #3A2a
AWARD AND RECOGNITION - 25 YEAR ATTENDEES - ROY
HENDRY – WASTEWATER – PRESENTED
MS. PATTERSON: Next up, Item 3A2 is our 25-year
attendees. First, we have 25 years, Roy Hendry, wastewater.
Congratulations.
(Applause.)
Item #3A2b
AWARD AND RECOGNITION - 25 YEAR ATTENDEES - JANET
PEREIRA - LIBRARY – PRESENTED
MS. PATTERSON: Twenty-five years, Janet Pereira, library.
(Applause.)
CHAIRMAN LoCASTRO: All right, librarians. Hold it down
back there, okay? All right. Is the Dewey Decimal system -- we're
still using it or no? I didn't need to learn that, right? I really didn't,
right? Thank you, ma'am. Congratulations.
December 12, 2023
Page 11
(Applause.)
Item #3A3a
AWARD AND RECOGNITION - 30 YEAR ATTENDEES -
RICHARD DEGALAN - PARKS & RECREATION – PRESENTED
MS. PATTERSON: Item 3A3, 30-year attendees. Our first is
30 years, Richard Degalan, Parks and Recreation. Congratulations.
(Applause.)
Item #3A3b
AWARD AND RECOGNITION - 30 YEAR ATTENDEES -
MARTHA VELLOS - OPERATIONS & REGULATORY
MANAGEMENT – PRESENTED
MS. PATTERSON: Thirty years, Martha Vellos, Operations
and Regulatory Management. Congratulations.
(Applause.)
MS. PATTERSON: That's all we have.
That brings us to Item 4, proclamations.
Item #4A
PROCLAMATION DESIGNATING JANUARY 16, 2024, AS
NATIONAL RELIGIOUS FREEDOM DAY. TO BE ACCEPTED
BY GREG HARPER, PRESIDENT, INSPIRED LEARNING
CENTER, AND OTHER DISTINGUISHED GUESTS - MOTION
TO APPROVE BY COMMISSIONER HALL; SECONDED BY
COMMISSIONER MCDANIEL - ADOPTED
December 12, 2023
Page 12
Item 4A is a proclamation designating January 16th, 2024, as
National Religious Freedom Day. To be accepted by Greg Harper,
president, Inspired Learning Center, and other distinguished guests.
Congratulations.
(Applause.)
CHAIRMAN LoCASTRO: He's the other distinguished guest?
That's it? How do you want us spaced?
THE PHOTOGRAPHER: Go this way. A little bit between
Commissioner LoCastro. Can you tilt that for me a little bit, a little
bit more. No, tilt the proclamation.
CHAIRMAN LoCASTRO: To get the glare off, so you don't
have the glare on it.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING JANUARY 12, 2024, AS REV.
DR. MARTIN LUTHER KING JR. PRAYER BREAKFAST DAY IN
COLLIER COUNTY. TO BE ACCEPTED BY RIC L. NEAL,
WYNN WATKINS, AND DR. HENRY FLOYD - MOTION TO
APPROVE BY COMMISSIONER HALL; SECONDED BY
COMMISSIONER MCDANIEL – ADOPTED
MS. PATTERSON: Item 4B is a proclamation designating
January 12th, 2024, as Reverend Doctor Martin Luther King, Jr.,
Prayer Breakfast Day in Collier County. To be accepted by Bishop
Ric L. Neal and other distinguished guests. Congratulations.
(Applause.)
Item #4C
December 12, 2023
Page 13
PROCLAMATION DESIGNATING NOVEMBER 2023 AS
DISTINGUISHED PUBLIC SERVICE AWARDS MONTH IN
COLLIER COUNTY. TO BE ACCEPTED BY RUSSELL BUDD.
EVENT CHAIR, DISTINGUISHED PUBLIC SERVICE AWARDS,
AND PRESIDENT, COLLIER COUNTY 100 CLUB, AND OTHER
DISTINGUISHED GUESTS - MOTION TO APPROVE BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
MCDANIEL – ADOPTED
MS. PATTERSON: Item 4C is a proclamation designating
November 2023 as Distinguished Public Awards month in Collier
County to be accepted by Russell Budd, event chair, Distinguished
Public Service awards and President, Collier County 100 Club, and
other distinguished guests.
Congratulations.
(Applause.)
MS. PATTERSON: Commissioners, if we could get a motion
to accept the proclamations.
COMMISSIONER HALL: So moved.
COMMISSIONER McDANIEL: Second.
CHAIRMAN LoCASTRO: Okay. I've got a motion from
Commissioner Hall, second from Commissioner McDaniel. All in
favor?
COMMISSIONER HALL: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
December 12, 2023
Page 14
Item #5A
ARTIST OF THE MONTH - PRESENTATION OF THE WINNERS
OF THE CENTENNIAL PUBLIC HIGH SCHOOL STUDENT ART
CONTEST - PRESENTED VARIOUS WINNERS FROM COLLIER
COUNTY PUBLIC SCHOOLS
MS. PATTERSON: That brings us to Item 5, presentations.
Item 5A is the Artist of the Month, and I'm going to hand it over to
Mr. John Mullins to give the introduction and introduce the artists.
MR. MULLINS: Thank you. For the record, John Mullins,
your director of Communications, Government, and Public Affairs,
and we're here today to recognize some artists from around Collier
County. The Centennial public high school art contest celebrating
Collier County's 100th anniversary received 111 pieces of artwork
from talented student artists from across the county showcasing
Collier County landmarks, our unique natural environment, residents
at work and play, the diverse culture of our residents, and historical
scenes and figures.
And with the extraordinary assistance provided by the
administrative leadership at Collier County Public Schools, namely
Mr. Skip Pardee and Ms. Leslie Loughran, who are behind me, the
leadership of our high school art teachers, and in conjunction with
our distinguished judge and generous community benefactor, Mr. Bill
Meek, director emeritus of the Harmon-Meek Gallery and his
daughter Juliana, who are also here.
We're here today to recognize the winner from each high school
and the overall winner of the Centennial art contest. Now, these
winners are your Artists of the Month or, if you prefer, your Artists
of the Century.
The work of the winners and those receiving honorable mention
December 12, 2023
Page 15
are on the display at the rear of the boardroom and on rotation on
your TV screens. And at this time I'd like to invite Skip to come
forward and say a few words and to announce the winners of the
contest who will gather here at the front of the dais as their names are
called, followed by Mr. Meek to talk about the generous scholarships
being provided by his family, his evaluation of the arts submitted,
and how he made the difficult choices in arriving at our winners.
And at the end of Mr. Meek's comments, we'd like to take a group
photo of the winners with the Board, the Meeks, and our school
district partners.
Skip.
MR. PARDEE: Thank you, Mr. Mullins.
We are so proud to be here today to represent the amazing
artwork of Collier County Public School students. So on behalf of
the school board chair, Kelly Lichter, and the rest of the school board
and our amazing superintendent, Dr. Leslie Ricciardelli, her cabinet,
and our administrative leadership, we just want to say thank you for
the amazing support.
This is truly an amazing interagency cooperation and
coordination. We believe wholeheartedly that the arts play an
integral role in the education of our students in Collier County public
schools, and it contributes certainly to -- and in case you've seen it
yesterday -- the newly -- renewed, pardon me, A-rated school district
here in Collier County public schools, and the arts is a major part of
that. We just -- yes, absolutely, that's worth a round of applause, I
think. Thank you.
(Applause.)
MR. PARDEE: A special, special thank-you, of course, to John
Mullins, Deb Curry and the communications team, and to Leslie
Loughran, our amazing staff in the visual arts department, and, of
course, to the Meek family for their great contributions to the
December 12, 2023
Page 16
scholarships for the winners. It will go a long, long way in our
school system for a robust arts education for our students.
We'd like to recognize our winners, of course, representing each
of our schools, and we have some who couldn't make it today, but
we're going to recognize them, of course, publicly here.
From our newly minted Aubrey Rogers High School, Juliet
Desrosier.
(Applause.)
MR. PARDEE: We'll do it after.
And from Barron Collier High School, Isabella Grissom.
(Applause.)
MR. PARDEE: And representing Everglades City School,
Essouira Harris.
(Applause.)
MR. PARDEE: I'd like to take this time for a special
recognition of their art teacher, who is here, Mr. Paul Tribble, who
has been at Everglades City School for 47 years -- 48. Pardon me.
(Applause.)
MR. PARDEE: We'd like to thank and recognize Kassidy
Sullivan from Gulf Coast High School who couldn't be with us today.
Is Cynthia Hidalgo from Golden Gate with us? No. Okay.
So we want to congratulate Cynthia Hidalgo from Golden Gate High
School. Many thanks.
(Applause.)
MR. PARDEE: And also, from Lely High School, Christopher
Epperson, his amazing artwork from Lely, who I don't believe could
make it with us today also.
Representing Naples High School, Madyson Ryba.
(Applause.)
MR. PARDEE: And from Palmetto Ridge High School,
Emanuel Zanbrano.
December 12, 2023
Page 17
(Applause.)
MR. PARDEE: And our overall winner of the Centennial art
contest from Collier County Public Schools, from Immokalee High
School, Angel Aguilar-Calmo.
(Applause.)
MR. PARDEE: I'd like to turn it over to Mr. Meek for his
message.
MR. MEEK: I brought the five-page version, but I lost my
ability to speed read, so I'm going to leave it to the half-page version.
I want to first thank all the students with the public high schools
in Collier County who took the time to express themselves with the
art that they so carefully created in honor of the county's 100th
anniversary.
The overall quality of each painting and various media made my
duty as judge all the more difficult; with 110 entries is amazing. The
fact that we had so many good entries is due in part to the guidance
and encouragement of their art teachers and the Collier County
School District.
Some students participated on their own, proving what we've
always believed, that talent can come from anywhere.
Harmon-Meek Gallery, which celebrates its 60th anniversary in
Naples next month, is very pleased to present these awards to the
students whom I selected. Congratulations to all of you. You did a
wonderful job. And there are honorable mentions also. Because
there were so many good -- it's hard to pick a winner.
Our gallery has supported the arts in the county in many ways,
from sponsored field trips to the establishment of three public
elections for all to enjoy. We established the collections that became
the Baker Museum in 1996. In 1998, we established a legacy
collection of Collier County artists over a 50-year period at what is
now the Naples Art Institute -- was the Von Liebig Art Center -- and
December 12, 2023
Page 18
then I started a collection in early 2000s at the -- of children and
animals as a subject in American art at the Golisano Children's
Museum of Naples.
And I've also organized and lent more than 230 exhibitions to 90
museums in 27 states since 1980, and I am a Naples High School
graduate, Class of 1968, and at that time we didn't have any art
teacher. So I still made it as an art dealer for 50 years. Thank you
very much. Thank you, all.
(Applause.)
MR. MEEK: I want to stand behind the winner.
THE PHOTOGRAPHER: All right, guys. If we can take one
big step back. More. We're going to line you up a little bit here.
We're going to make two rows. Here we go, guys. We're going to
smile on 3.
(Applause.)
CHAIRMAN LoCASTRO: Where is our art teacher who
served for 47 years? You're not getting out that quick. Sir? Sir?
Sir? Come up to the front here. Let's hear it for 47 years of
dedication for this young man. Forty-eight.
(Applause.)
CHAIRMAN LoCASTRO: That's amazing. That's amazing.
Thank you, all.
Item #5B
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR DECEMBER 2023 TO RESIDENCE INN BY
MARRIOTT NAPLES. TO BE ACCEPTED BY JEFFERY ARMAN,
GENERAL MANAGER, AND MICHELLE TABI, DIRECTOR OF
SALES. ALSO PRESENT IS BETHANY SAWYER, VICE
PRESIDENT OF MEMBERSHIP AND INVESTORS, THE
December 12, 2023
Page 19
GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED
MS. PATTERSON: Commissioners, Item 5B is a presentation
of the Collier County Business of the Month for December 2023 to
Residents Inn by Marriott Naples to be accepted by Jeffery Arman,
general manager, and Michelle Tabi, director of sales. Also present
is Bethany Sawyer, vice president of membership and investors, the
Greater Naples Chamber of Commerce. Congratulations.
(Applause.)
CHAIRMAN LoCASTRO: Do you want to make a public
service announcement? It's totally up to you. Thank you.
MR. ARMAN: Thank you.
CHAIRMAN LoCASTRO: Thank you.
Okay. Next.
Item #5C
THE ANNUAL BUSINESS PLAN FOR PARADISE COAST
SPORTS COMPLEX FROM SPORTS FACILITIES
MANAGEMENT, LLC. (ALL DISTRICTS) - PRESENTED;
MOTION TO ACCEPT THE PRESENTATION BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – APPROVED
MS. PATTERSON: Item 5C is a recommendation to accept the
annual business plan for Paradise Coast Sports Complex from Sports
Facilities Management, LLC.
(Applause.)
MS. PATTERSON: Welcome, gentlemen. Adrian.
MR. MOSES: Maybe it wasn't for me.
Good morning, everyone. This is Adrian Moses. I have the
December 12, 2023
Page 20
pleasure of serving at as the general manager of the Paradise Coast
Sports Complex on behalf of Sports Facilities Companies.
Behind me is my boss, VP of sports and entertainment for Sports
Facilities and Companies, Jack Adams.
We are going to go through the -- firstly, go the fiscal year
review from last year, which was -- each month I've been reporting to
the TDC some really positive results, and this is the culmination of
that, and then I'll go through the plan that we have for the fiscal year
that we're currently in and give you a heads-up of where we're
heading on that trajectory, too. So, thank you.
Am I moving this on or are you?
MR. MILLER: Hold it. It should be good.
MR. MOSES: Okay. All right. So a brief recap for each
quarter. We began the fiscal year with a hurricane, like, literally
with a hurricane. October we canceled everything that we had
booked, and then we rebooked everything finding spots for people
who got displaced. We were also supporting the recovery effort
from the hurricane as well.
So we had the free SNAP food collection, food stamp collection,
and we also hosted the Gulf Coast Runners 5K last Thanksgiving
after it was -- it wasn't able to happen in the City of Naples.
We also hosted SnowFest for the first time, and then we had a
big December with the FBU national championships. We then
transitioned into lacrosse, and then we transitioned into a small-sized
soccer tournament all in the last two weeks of the year. So really
strong performance.
December was our largest ever month. More of that to come.
And October was actually rated eighth, so keep that number in mind.
That was our eighth largest revenue month for the year.
So a few -- few bits and pieces. It was obviously a strong start
to the fiscal year. We also saw that the amount of business that we
December 12, 2023
Page 21
were doing with the -- with the fact that the complex wasn't fully
built out at the time is that we were striving to hit our numbers and
exceed our numbers through different revenue sources. So we were
spending more and we were buying more stuff rather than renting
space that we already had. So it showed that our COGS were on the
high side.
We also had SnowFest, which we didn't actually budget for,
within that fiscal year, so that skewed everything. You'll see it made
our revenue look better, but it also skewed our COGS as well. We
kept our -- kept our expenses in check and started to show some of
those green shoots of what was going to be the end-of-year results for
us in terms of the net income.
Q2. January is always a month where we have to try and
support the local area in terms of we could fill the place. We just
don't have the hotel rooms in this area to support the amount of
tourist revenue that we have coming through the area. Also, sports
tourism typically needs a lower ADR in terms of the rates that the
hotels are charging, and it's great that they're doing so well and being
able to have such a high average daily rate; however, that means that
we have to adjust the way that we book our complex. And we do a
lot of showcase events, which are -- it's -- they're high-level events,
but they're not very high-spectator events. They're participation
events, which means that we get 250, 300 high-level college-bound
athletes coming through, and we make our money through serving
them lunch and dinner through our excellent catering services.
So, again, the COGS of that month is higher because we're
producing a lot of meals to serve the athletes that come through.
February was a fantastic month in the fact that we had the
Weston Cup and the -- which is our largest soccer tournament, and
then the Southwest Florida Shootout, which we learned a bunch of
lessons from in the first year, and we had four teams: Ohio,
December 12, 2023
Page 22
Marquette, Virginia, and Michigan play to a sold-out stadium, 4,000
people at the stadium, which, again, in -- a little look into the future
of what we have planned for the complex on a regular basis.
March is a huge month for us. We increased the Trilogy
Lacrosse event, which is a spring training event, where we had 12
teams each year -- each week, sorry, that come through the complex
to spend their spring training with us here in paradise.
The Trilogy Lacrosse event is our largest single revenue event.
And through the support of the Collier County Parks and Recs
department, we've identified a way with our increased size of our
complex as well now that we have the additional fields, but that event
will be probably 30 to 40 percent larger this year with all of those
teams already sold out in March, so that's something that we're
looking forward to.
You can see that it was a strong -- a strong performance
financially. Again, January is a little lower just because we are
supporting the local area through the events that we have, but the
rebound in February and March is just -- is quite -- is quite incredible.
As we head into the back end of the season, we had a strong
April. May and June were relatively lower. Our local
programming revenue declines a little bit in these months because all
of the schools are finishing and all the local teams that practice on
our fields on a regular basis, they start to -- they start to take a
summer break.
We had a church event on Easter Sunday which was one of the
most inspiring events that I've had at the complex just because you
take a look at the production that they had for a church event, and it
was, by far and away, the best production for any event that we've
had so far. And there was over two, three -- two-and-a-half
thousand people for that event as well.
One of my favorite events -- I think a couple of the county staff
December 12, 2023
Page 23
members were there -- was our Naples Dealers, one of our really
positive sponsors of ours, and we appreciate their support. They
have a customer appreciation event. So if you bought a vehicle from
them in the past 12 months, you got invited to the Kentucky Derby
party, which we utilized our 40-foot video screen to live show -- live
screen the race, and everyone looked fantastic in the clothing and the
hats that they were wearing for that.
So you can see that we start to tail off into the -- into the slower
summer months. Again, a little look forward into what we have
planned about how we are -- what we have put together to try and
even the year out with summer programming. And that -- more to
come on that later.
Q4, I put in the headline here it was a mixed bag. July was top
heavy because we had the July 4th event, which we learned about
hosting maybe two weeks before. So that was a heavy lift, and great
support from all of the County Manager's departments and the EMT,
CCSO to make that happen. And many of you were there and saw
the scope and the size of the event that we were able to -- we were
able to do, and then we went straight from that into Top Gun, which
was the second FBU event -- large event of the year.
One of the threats that we have in our new fiscal year, by May,
is that Top Gun now moves into June. So July is something that we
are looking to actively find new -- new events for and provide some
kind of dynamic pricing for encouraging people to come in and use it
then.
It's the dog days. Any local program that we do have is hit by
weather cancellations. We don't have a weather hotline. People
know around here that, you know, if it's raining at half past 5, it
might be clear at 6 o'clock, so -- but we do have a lot of -- a lot of
cancellations for weather during that month for our local
programming.
December 12, 2023
Page 24
We finished the year with a food and wine festival. Again, I
think, Commissioner Saunders, you were there. It was struck by a
pretty heavy storm. That didn't stop people from partying that day,
which was great to see, but it was a wonderful way to finish the fiscal
year and a good rebound in September after our lowest month in
August.
So all in all, the foot traffic that we had showed an increase from
the previous year, and at the TDC meeting recently I
commented -- and I don't have any evidence to back this up, but I
find it hard to think there's another venue in Collier County that has
the visitation that we have. It is the most visited venue, according to
me, whatever that's worth. But I think, you know, if you just look at
the fact that we have 1,500 people a day come through through local
programming -- that's how we're serving the local community -- and
then we have these huge sporting events at the weekend, which can
have up to 7,000 people per day in the complex, I don't think there's
anywhere else in Collier County that rivals the numbers of foot traffic
that we do.
What that meant for the year, you know, we crushed our revenue
budget. Our revenue budget was just a click under 1.4 million. We
went over -- we almost got to 2.1 million. And it's this point I
remind you all that we did the entire fiscal year with a five-field
complex. We only got access to the additional fields which were
built in October, so we were able to drive that -- drive the sports
complex. We were budgeted for 10 fields. We only had five, and
we were still able to strike these numbers mainly because of really
strong food and beverage performance which, again, relates to going
over our COGS budget that we had to then find ways to do that.
But what it did allow us to do is learn that there's a huge
appetite, pun intended, for catering events. We've recently done
some huge catering events for some of the largest companies in
December 12, 2023
Page 25
Collier County. Now, recently, we just hosted the JR Wood 65th
anniversary for 400 people, and Home Depot was on Sunday night,
and Treviso Bay was last night, and the Healthcare Network was on
Saturday. So that was a thousand people there.
So it really did -- we are finding our feet with that and finding
new ways to drive revenue through the complex which isn't using
the -- necessarily using the sports fields.
We planned for a loss of 169,000. If you go back a year before,
we had a loss of 424,000. The year before that, when we weren't
managing the complex, this place was in the red to the tune of over
1.3 million.
So the fact that in two years of management we've been able to
not only strike our budget down but also get into the black for the
first time based upon the accrual basis of where we account and what
the Sports Facilities Companies is responsible for.
We also did that in keeping in line with the other expenses, so
we had a budget for landscaping and janitorial, which we manage.
And part of our management contract, we're not judged on that other
than staying in budget; we were able to do that.
We're still learning this complex. We're still rookies. This is
only our second year, but certainly learning from the first year.
Going into the second year, we're really starting to show what we can
do. And we went from, you know, walking, we're jogging, and I
think we're going into a point now in 2024 where we're going to be
running.
Here's a slide on the foot traffic, which I alluded to earlier.
Probably should have come a bit earlier, but...
You can see that the number of -- the amount of foot traffic that
we have, it would be very difficult for any other venue in Collier
County to match those numbers.
Any questions on the last fiscal year? Sorry. You were
December 12, 2023
Page 26
looking.
(No response.)
MR. MOSES: The results at this point, I'd really like to -- at
the TDC meeting I had a lot of the staff members that are responsible
for the success here, and I know that a lot of them are going to be
watching back at the Paradise Coast Sports Complex now as we're
preparing for FBU this coming week, so the team are responsible for
these results. They work tirelessly.
In this industry, we say weekends are an abstract concept, and
none of us have had a weekend off since Labor Day. So we are
working hard. We're working hard for the community, and we're
working hard to meet our mission.
This isn't easy. If it was, everyone would be doing it. But we
enjoy -- we enjoy the challenge, and it's an honor to manage such a
great facility as well. So if anyone has any questions, I'll move on
to --
CHAIRMAN LoCASTRO: I think we'll ask our questions at
the end.
MR. MOSES: Okay. All right.
So as we go into the fiscal year that we're currently in, I think
what we're looking to do and the main goal of the business plan is to
consolidate and improve efficiencies. We're finding very quickly
that the increase from a five-field complex to a nine-field complex,
we're finding it a challenge, a challenge that we're meeting and
overcoming, but it's still a challenge. If you just think about if we
rotate from a soccer tournament to a lacrosse tournament, which we
got into a rhythm of doing, then you add in another four fields that
you have to transition, fields that you have to scrub lines from, you
have to remove goals from, replace goals with other -- with goals
from different sports, and we're still finding our way with that.
We're essentially -- again, we're a first-year complex as a nine-field
December 12, 2023
Page 27
complex.
The revenue profiler for the events that we have is it's
consolidated and it's a -- when I mean revenue profile, it's where we
fill the events, what return the events are going to come -- are going
to have from field rental to hotel revenue to the food and beverage
bring. We're confident that the revenue profile of the events that we
have booked in a very robust calendar is going to be -- is going to be
very successful for us this year.
We continue to improve our contracts. And to give you an
example, we reported back in -- a little test. Let's see if
Commissioner McDaniel was listening. What number was October
in last fiscal year in terms of our --
COMMISSIONER HALL: In terms of our contracts?
MR. MOSES: No. In terms of the revenue -- the revenue
goal -- the revenue performance of the year? One to 12, what was
it?
COMMISSIONER McDANIEL: Gross was --
MR. MOSES: What number was it in the -- anyone?
COMMISSIONER McDANIEL: 130?
MR. MOSES: It was eight. So it was our eighth
highest -- eighth highest revenue month. October 2024 [sic] will
be -- would have rated fourth in our -- in last year's fiscal year. So
it's our fourth highest ever revenue month. It obviously helps not to
have a hurricane.
I predict that November will be our number-one revenue month
of all time, and then I think we're going to exceed that this month as
well with the additional events that we have going on. So we're able
to effectively project where we're going to be based upon the revenue
profiles, as I said.
With the additional events that we have going on the weekend,
one of our goals is provide the facility for local programming, and
December 12, 2023
Page 28
we're going around to the groups that rent from us regularly, and
we're pleased to tell them that we're freezing their rates for the next
fiscal year. So the additional fields that we have means that we can
take on more clients and more rental time, and it means that our
existing rental groups will not see a rental rate increase into the new
year.
We still have some exciting projects in the sales funnel, and
filling out the summer months in 2024 is going to be a challenge.
It's a challenge because all of the people that come and visit us in the
winter months, they can play on their own fields in their own states
during those summer months.
So it's going to be -- we're going to benefit from the Great Wolf
Lodge opening, but we haven't planned on that. We've kind of
looked to the future, but that's more of a Fiscal Year '24/'25 for that.
You can see that from our fiscal year, the approved budget, we
increased our revenue. '22/'23 was -- it was hard work getting that
revenue. We scrapped for every cent there, and we feel that it's not
sustainable, and what we want to do is become more -- more efficient
with our operations.
So we're showing an increase in revenue, a relatively large
increase in expenses, but that's more along the lines of reassigning
where -- what we were defining as COGS in the last fiscal year. So
we had a lot of part-time staff under COGS, and those that were
operational staff aren't necessarily involved in the sales process, so
we did that.
But we're showing a net -- a net performance at the end of the
year of a modest loss for the complex and, again, that's basically
re-righting the ship after a fairly remarkable year that we had in the
last fiscal year.
So I've spoken through most of these points already, and I'm
getting bored of the sound of my own voice, so it would be nice to
December 12, 2023
Page 29
hear somebody else's. So if you have questions, Jack and myself are
happy to answer them, either on the previous fiscal year or in the
current budget.
CHAIRMAN LoCASTRO: Okay. I've got a few questions,
Adrian. So, obviously, the numbers are going in the right direction,
so I like that. You don't have to be an accountant to know that.
Just some basic questions. Where are we on the new signage?
You know, when you drive by Collier Boulevard, the biggest sign
you see is City Gate. So when we're telling everybody to go to
Paradise Coast Sports Complex, you know, it's a little miniature thing
on the bottom. And if you've never been there, we have people that
blow by it. But I know there's something in the works. So what's
the latest? The TDC might know because they've had it, but I don't
know that we know. I just heard better, more visible signage was on
the way. What's the latest?
MR. RODRIGUEZ: Good morning, Commissioners. For the
record, Dan Rodriguez, your Deputy County Manager.
That's currently with our capital projects team in Facilities
Management. So as you know, recently we had a settlement
agreement with the contractor that built the park for us, and now that
project, in particular the signage at 951, is being scoped, and then that
will go out to bid and will be built.
CHAIRMAN LoCASTRO: What do we think our timeline is?
I mean, are we going to see signage next year?
MR. RODRIGUEZ: I don't want to commit Ed Finn's team, but
based on the bidding, probably six months to nine months.
CHAIRMAN LoCASTRO: I mean, we've really got to -- we've
really got to try to accelerate that because, you know, you're
advertising all these new events, and the sports complex is exploding.
And, yeah, people are finding it. You know, 4th of July brought a
lot of new people there for the very first time. But it's -- still, the
December 12, 2023
Page 30
smallest sign out there is Paradise Coast, and the biggest sign out
there is City Gate, which we never really advertise for anything. So
it's more of a business sign.
But, you know -- I don't know how the other commissioners
feel, but, you know, nine months to get a sign -- I realize everything
moves slow at the government level, and if we were billionaires, we
would just buy it and install it. Not literally. I mean, I know we
need permits and things. But, anyway, keep us updated on that.
We don't have to sit here and hash it out. That was one question.
The one thing I noticed -- so I met -- and I think maybe we all
did -- with the soccer club that looks like it's coming, and I know
that's another presentation. But one of the things I noticed about
your presentation is the slowest months we have is when they are
going to be out there.
So I really was really encouraged by that, because when I spoke
with them, I was, like, when's your season, and it's really our off
season, and that's when the sports complex isn't -- you know, when it
has a bunch of losses. So that's a good fit in there to sort of control
the bleeding, you know, on the losses and hopefully make some
money during that off season if they become a stable partner, you
know, for us. And I know more to follow on that.
And then, you know, you made the statement about events that
come, and people are really looking for sort of discounted rooms, and
there's really only so many of them. You know, if somebody's
coming for a big -- a football event or it's a bunch of high schoolers
or whatnot, you know, there's only so much to go around, and the
prices of the rooms are expensive. Having said that, some of the
most expensive rooms are going to be right next door at the Great
Wolf Lodge.
So to your statement, you said, we see a real benefit with the
Great Wolf Lodge. In your conversations with them, where's the
December 12, 2023
Page 31
benefit? It's not going to be for those high school kids unless their,
you know, parents and grandparents, you know, grab a big suite or
anything. And I mean this in a positive way. What are the things
that you've, you know, had conversations with them that will be of a
benefit? What do you foresee?
MR. MOSES: The first thing is the logistical plan with Great
Wolf Lodge is what we've discussed. We've immediately put on the
table -- on the calendar, these are our big events, but also at the same
time ask the question, when do you need help filling your hotel?
So we've been able to figure out from our calendar where we
can assist them. And the groups that are bringing events to us are
already in negotiation with Great Wolf to have -- to have a suitable
number of rooms there.
The other thing that you need to kind of remember about Great
Wolf Lodge is it's a youth-designated hotel. It's designed towards
youth. So the rooms are, like, dorm rooms. Some of the rooms will
hold up to eight people. So it really helps in the sports where you
can put a number of individuals in the same room in their own beds
rather -- rather than in a regular hotel that --
CHAIRMAN LoCASTRO: Do you foresee that if there's sort
of a little bit of a slower time for them but you have a big event, that
you all come to a partnership where they're going to discount some
rooms or, like you said, block some rooms for your event and, you
know, you guys are going to work together? If they're not, you
know, overbooked, and they have a lull period and you have
something that's coming, obviously you guys will get together.
MR. MOSES: One hundred percent. And we're also looking
at ways to drive new kinds of business. My experience is with
sports camps, and I see that during the summer there's a great way for
us to manage our own sports camps and give parents the opportunity
to maybe go shopping or go to the beach by themselves and leave
December 12, 2023
Page 32
their kids with us in the morning and then come back and utilize the
water park there. But those discussions are in place with Great Wolf
Lodge, and they have been for months, and we're enjoying a really
good relationship with them so far.
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: Thanks, Adrian.
You know, you've got the new budget coming, and you've got
your revenue that kind of matched last year, but your expenses were
planned to be a lot higher. I didn't know if there was something
special you thought that was coming or if you're kind of banking on
getting some additional revenue to cover that or -- I was just kind of
curious as to what the plans were for higher expenses like that.
MR. MOSES: Yeah. We're finding that the -- I spoke about
the additional size of the complex and how much more effort that
takes. The -- let's say the transition for a five-field complex is a
four-person job. Now it becomes an eight-person job to do it in the
same amount of time, because we don't have the beauty of -- with our
schedule to take two weeks off in between an event to take twice as
much to do the time of work.
So we still only have four days to transition to the next event,
and we've got twice as many -- twice as many fields to transition.
So there is more expenses in place there to give the staff a -- some
respite for that and to assist there. But, essentially, it's a heavier lift,
so there's more labor, and 90 percent of the work that we do is labor,
so...
COMMISSIONER HALL: Okay. Thank you.
CHAIRMAN LoCASTRO: Okay. I don't see anybody else lit
up. Anybody got -- else got any questions?
(No response.)
CHAIRMAN LoCASTRO: All right. Thank you, sir.
MR. MOSES: Thank you. See you in a few.
December 12, 2023
Page 33
CHAIRMAN LoCASTRO: Do we need a motion to accept
their --
(Applause.)
MS. PATTERSON: Just a motion to accept the presentation.
CHAIRMAN LoCASTRO: Okay. Do I have a motion to
accept?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER HALL: Second.
CHAIRMAN LoCASTRO: Okay. Motion from
Commissioner McDaniel. Second by Commissioner Hall. All in
favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously. Thank
you.
Item #6A
PUBLIC PETITION BY SUSAN ZEHNDER ON AN ADDENDUM
TO THE MANAGEMENT AGREEMENT FOR THE PELICAN
BAY COMMUNITY PARK PICKLEBALL PROJECT –
PRESENTED
MS. PATTERSON: Commissioners, before we start our 10
o'clock time-certain, I think we can take Item 6A. This is the public
petition. Public petition by Suzanne Zehnder on an addendum to the
December 12, 2023
Page 34
management agreement for the Pelican Bay Community Park
pickleball project.
MS. ZEHNDER: Good morning. As the County Manager
said, my name is Susan Zehnder.
Thank you for allowing me to speak with you today on behalf of
the public pickleball players regarding an addendum to the
management agreement for the Pelican Bay Community Park.
As the screen says, the proposed addendum says members of the
public shall have access to 50 percent of the pickleball courts during
the same days and hours as members of the foundation.
Commissioner Hall emailed me over the weekend to say that the
county and the Pelican Bay Foundation have agreed to support this
addendum. This is great news. In light of this support, I will skip
my planned presentation and instead use this opportunity to thank all
of you for your support for the public pickleball players and for this
addendum. Thank you.
CHAIRMAN LoCASTRO: All right. Thank you.
MS. PATTERSON: Thank you.
I believe we have our 10 o'clock folks here, if we want to go
ahead and get them up here and get the presentation loaded and get
started.
Item #10A
PRESENTATION REGARDING THE REDEVELOPMENT OF
THE GOLDEN GATE GOLF COURSE (DISTRICT 3)
PRESENTATION; MOTION DIRECTING STAFF AND COUNTY
ATTORNEY TO INITIATE AN INVITATION TO BID WITHIN 30-
45 DAYS FOR CONSTRUCTION BID RANKED FIRMS BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – APPROVED
December 12, 2023
Page 35
Item -- one second. Item 10A to be heard at 10 a.m.
time-certain is a presentation on the Golden Gate Golf Course.
CHAIRMAN LoCASTRO: Can I just ask something? Why
would we skip over -- not skipping over, but should we have public
comment first if there's people that are in the audience here waiting,
or -- I'm just throwing it out there. How long do we think the 10
o'clock presentation's going to be?
MS. PATTERSON: It's a brief presentation and whatever
comment you have. We do have several folks signed up to speak on
public comment.
CHAIRMAN LoCASTRO: How many have we got, Troy, for
public comment so far?
MR. MILLER: Five.
CHAIRMAN LoCASTRO: Okay. We'll let those stack up a
little bit. We'll go to this.
MS. PATTERSON: Yes, sir.
CHAIRMAN LoCASTRO: Go ahead. Commissioner
Saunders, sir.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
Let me just give this kind of a brief introduction. And the
whole team is in the audience. So I'll let them introduce each
other -- or the team when they get up to the podium.
I want to thank the Board, first of all. We had an issue dealing
with the Golden Gate Golf Course several months ago, and the
Commission voted to continue with this project and keep moving
forward. We had, at that point in time, about $6 million in the fund
that we had set aside for the golf course development. Initially that
was 7 million, but we've spent about a million of that, so that fund is
still there.
I want to spend just a minute talking about what we're trying to
accomplish today, and I'm going to read a few paragraphs here, with
December 12, 2023
Page 36
your indulgence. In the executive summary that's been distributed is
information provided by Reinhold Schmieding and Cindy Darland,
which constitutes an unsolicited proposal for the redevelopment of
the Golden Gate Golf Course. I have discussed this project with
Mr. Schmieding and Ms. Darland, and it appears to address the
myriad of issues that must be considered by the County Commission.
If the decision of the Commission is to move forward with this,
the County Attorney will have to advise staff how to proceed with the
invitation to negotiate to determine if other development groups will
have an interest in submitting a response to an invitation to negotiate.
My goal is to move as quickly as legally permissible to negotiate the
terms of a long-term lease with this group or with another qualified
group as determined by the County Commission.
In the executive summary, there's a brief outline of the proposal,
and I want to, for the record, read a couple of those paragraphs
because I think this addresses the needs of the community and is sort
of the basis for an invitation to negotiate that Mr. Klatzkow will work
on with our staff to facilitate.
So the presentation proposal for the former Golden Gate Golf
Course is as follows: To design, build, and operate a nine-hole
public golf course, driving range, short game area, and clubhouse
with a restaurant open to the public along with a First Tee learning
center. Fees associated for playing golf will be discounted to Collier
County residents and youth with proper ID. A concession fee back
to the county is to be negotiated. Now, my understanding is that part
of the proposal is for a 40 percent reduction in greens fees for county
residents, and we'll have to determine how that type of ID is
determined.
As part of this, I'm going to ask that the $6 million that's still
contained in our budget be appropriated for this project to continue
that. My understanding is -- and we'll hear more details. But my
December 12, 2023
Page 37
understanding is that the proposers are looking to invest somewhere
north of 22- to $23 million in addition to that to make this project a
really world-class facility for the golfers in the area and for the youth
of Collier County to participate in the First Tee learning experience.
So, Mr. Chairman, I'm very excited about this. This has been a
long time coming. I think this type of proposal addresses everything
that is needed for this course, and I'd like at this time to turn it over to
our staff to begin the presentation or turn it over to the proposers with
their presentation. I see that the architect is available as well, which
I think is going to be doing part of the presentation. But I'll turn it
over to you guys.
MS. PATTERSON: Yes. I believe we're going to have
Mr. Bumpous begin the presentation, so we'll turn it over to him.
Welcome.
MR. BUMPOUS: Commissioners, staff, and citizens of Collier
County, good morning. My name is David Bumpous. I am the vice
president of operations with Arthrex, and I'm also a citizen and
20-plus-year resident of Collier County.
I've had the pleasure many times to speak and present to the
Board typically about projects associated with or related to Arthrex's
exceptional growth as a leader here in Collier County. Today,
though, I'm very excited to talk about a project that's near and dear to
all of our hearts.
Commissioner Saunders did an excellent job of outlining and, in
essence, doing my job here for me; I appreciate that, sir. But I will
highlight a few things that I think are also very important about this.
It all starts with the opportunity, and it starts with the need. The
opportunity, obviously, being because BigShots project fell apart,
they walked away from the program, there was money allocated,
which is hopefully still allocated. More importantly, what is the
need? Well, you know, most people in Collier County would argue
December 12, 2023
Page 38
that we actually live in a sea of golf courses and, quite frankly, if you
were to look at an aerial map, I think most people could make that
case.
But I would turn that around and say I believe it's more a desert.
It's a desert of affordable, accessible courses for the public. And
while there are nearly 90 golf courses in this county, very few of
them are truly accessible. And of those that are, are generally
associated with some type of resort, meaning the fees are in the
hundreds and hundreds of dollars each year; simply out of touch for
most Collier citizens to play golf and have a practice facility.
So to reiterate some of Commissioner Saunders' points, our
intent would be to, first of all, create a non-profit entity that would
raise the money and then provide for both the design, construction,
and operation of not only a nine-hole golf course, but a Peter
Jacobsen designed nine-hole golf course. We're talking world-class
facility here.
In addition to that, again, practice facilities, something that is
desperately needed in Collier County. To my knowledge, there's
only one driving range open to the public on 951 toward Marco
Island. This would provide short range and putting opportunities.
It would provide a lighted driving range open into the evening for
citizens of the county. It also would provide a restaurant at a
minimum of 150 seats in an area of the county that is really
underserved, quite frankly, for restaurants of this type. And then,
finally, it would provide space, leased space, to the First Tee so that
they could actually build and maintain their headquarters as well as a
first-class training center for the children of Collier County.
So I'm going to skip ahead and just touch on some of what I
consider to be the major benefits of this project. First of all, it starts
with you, the county. You know, the county has made a
commitment to the citizens of Collier County as well as the citizens
December 12, 2023
Page 39
of Golden Gate to keep this golf course intact and to create an
operational course over time, and we certainly are hoping to support
that opportunity, serving the residents, visitors, veterans of the new
VA center that will be located adjacent to this facility.
And then, again, finally, the children. You know, there are
currently over a thousand children within the First Tee program in
Collier County. This is an incredible opportunity for us. This is not
just a program about golf, but it's a program about teaching life skills
to children. My two children were fortunate enough to attend that
program when they were younger and I, firsthand, have seen the
benefits associated with that.
So this really is a golden opportunity for us. And as the
commissioner pointed out, the incentives will be built into discount
greens fees at various times of year in different sliding scales to make
this feasible, a return on the actual investment after a three-year
period to the county as well. And, ultimately, at the end of whatever
the lease term may be, all of this would be, then, in some form,
turned back over to Collier County.
So we're very excited about this opportunity. And those of you
that know us -- and when I say "us," I'm talking about Arthrex. But,
more importantly, we are putting together an incredible team as part
of this non-profit organization to make sure that this is actually
something we can all be incredibly proud of.
And when I talk about our team, we have MHK Architect, who
will be presenting next. DeAngelis Diamond Construction Company
has signed on to participate with us as well. Peter Jacobsen and
Jacobsen Hardy Development for the golf course design
development. Folks, this will be first class. This will be done right.
It will be something that all of you can be proud of, and we can all
truly invest in.
With that, I'm going to turn it over to Matthew from MHK.
December 12, 2023
Page 40
MR. KRAGH: Make sure this works here.
Good morning, Commissioners. My name is Matthew Kragh
with MHK Architecture and Planning. I'm the founder of MHK.
We have 10 offices throughout the United States from Southwest
Florida through Aspen, Colorado. Naples is our headquarters, and
I've been a member of this community for the past 25 years as an
architect.
I'm especially excited to work on this project with Arthrex and
the First Tee because golf is -- I was one of those kids growing up at
the golf course. In fact, I worked at a golf course. I served a lot of
hot dogs and cleaned a lot of clubs as a kid. But the big thing is that
golf -- I think I owe a lot to golf. Golf teaches us such things as
honesty, integrity, etiquette, compassion, and social skills. These are
all skills that we use today on a daily basis.
The First Tee, who's involved in this project, teaches these skills
to these children, gives them access to golf, and I think that's of
utmost importance to our community.
The project site sits upon approximately 115 acres. The main
entrance off of Collier Boulevard will sit between the county's
affordable housing property to the south and the veterans retirement
project to the north. The overall program will include a
state-of-the-art nine-hole public golf course designed by Peter
Jacobsen. I don't know if you guys know this, but there's a legend
sitting right here, who's also a great member of our community.
(Applause.)
MR. KRAGH: There's also going to be a state-of-the-art
practice facility. It's something that's really needed in this
community. There's really no great place to practice with all these
private clubs. There's going to be approximately 18,000 square feet
of facilities. That will include public golf, amenities, a dynamic
public restaurant, and a learning academy for the First Tee of Collier
December 12, 2023
Page 41
County.
I'm not going to go into the golf course layout; Peter Jacobsen's
company is going to do a fantastic job on that. But it's basically a
nine-hole state-of-the-art course with an internal loop, first hole,
ninth tee.
The buildings are arranged in a campus-style approach which
are situated between the practice facility and the ninth green. I'm
going to just kind of animate this quickly for you to kind of show you
some high-level points. The parking area shown in yellow stems
from a vehicular entrance off of Collier Boulevard. Because of the
children involved in the First Tee program, a clearly defined entrance
and drop-off area has been designed with protection from the other
vehicular traffic; place to drop off the kids, basically.
The campus-style buildings are situated to have public activities
orientated towards the First Tee and the ninth green while the First
Tee Academy learning center is on the opposite and near the practice
and facility.
A dynamic three-sided restaurant sits at the access of the main
entrance. The structure will have three sides of glass so patrons can
easily view the practice area as well as the ninth green while enjoying
a meal. The practice area will include an approximately 315-yard
driving range, kind of outlined in yellow. The main hitting bays are
situated along the south side of the facility abutting covered hitting
bays along with specialized hitting bays for children adjacent to the
restaurant.
The north side of the practice facility will include hitting bays
for the veterans use. This is adjacent to the veterans property that's
outlined in the magenta oval there.
Adjacently east in the green circle is a short-game practice area
which will include a dynamic putting course and chipping areas. An
elaborate front porch system has been provided for connectivity but
December 12, 2023
Page 42
also for an area for parents to watch their children develop their skills
while sitting in the shade.
The north side of the practice facility -- excuse me. I'm going
to briefly touch on the program components of the building. The
area shown in red here includes loading, solid waste, golf cart storage
building, golf cart washing area with privacy wall, golf ball washing
station; all of these conveniently located near the First Tee and the
ninth green staging areas.
The next structure here is the pro shop facility, which will have
offices for a golf pro and director of golf. There will be a retail area
for merchandise and equipment. There's a retail -- there's a retail
storage and restroom for staff. The building also includes bag
storage areas.
The next building is a dynamic glass restaurant that's at the
45-degree angle which gives us views both of the ninth green and the
lake and the hitting bays of the practice facility on the opposite side.
The next building includes the main restrooms and small locker
room areas. It also has golf ball vending machines for practice
areas, as well as a smaller concession area for somebody that wants
to just go hit, you know, a bucket of balls and have a hot dog and a
Coke after work.
The centralized building is the First Tee Academy building.
This building will include an indoor putting facility, covered hitting
bays orientated towards the practice facility, indoor classrooms,
virtual golf simulations. The front of this building, between the
building and the parking area, includes a public learning yard. This
open yard area will include bleacher-like steps off the back of the
building and is enclosed by landscaping. This area will be a perfect
spot for a lecture on golf etiquette by Mr. Jacobsen or an area for a
public reception party. The concepts on the walls of this building
will be to make the walls mobile such as glass garage doors that will
December 12, 2023
Page 43
open the building up to the exterior on both sides, and this will be a
dynamic area for public events, et cetera.
The last building here includes the First Tee offices. This will
include approximately five offices, conference room, reception, and
golf cart storage for them.
Though we're in the early process of creating a series of 3D
images for the project, we created a few of these just to kind of show
you the massing in the orientation of the buildings and the quality of
what this is going to be. There's going to be very simple gable-type
structures connected by exterior walkways. This is a view basically
hovering over the ninth green kind of looking back at the facility.
You can see the restaurant stemming out to the left side of the page.
This is a view from the driving range area looking back where
the ninth tee is at the top of the page and another view kind of
hovering over the parking lot.
With that, I'm going to leave this open for any questions or
concerns you may have, and we appreciate your thoughts.
CHAIRMAN LoCASTRO: Commissioner Hall.
(Applause.)
COMMISSIONER HALL: Thank you, Matt.
Hi, David. Good morning. Good job.
MR. BUMPOUS: Thank you. And, Commissioners, if I may,
I'd like to shed a little bit of clarity also on the budgetary numbers
that Commissioner Saunders had mentioned earlier. So through our
homework and assessments that we've done, obviously, again, the
partnership being with the county providing us a long-term lease for
the property and the monies donated or contributed that were
previously set aside for this project, we believe that the non-profit is
looking at somewhere around 15 or so million dollars in the initial
phase to bring everything online. And then, of course, the First Tee
would step in and take care of their construction and their operational
December 12, 2023
Page 44
setup for their facilities as well.
So when Commissioner Saunders talks about that larger number,
that's really when you consolidate everything together. I just wanted
to make sure that was clear.
COMMISSIONER SAUNDERS: Yeah. And that's what I
intended when I said that, because I -- both of that -- both of those
contributions are part of the overall plan that you've submitted, so...
MR. BUMPOUS: Yes, sir. All right.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: With regard --
COMMISSIONER HALL: Hang on just a second. I just have
a couple questions. As a golfer, what about -- is it going to be a Par
36 nine holes? So we're going to -- are we going to have a Par 5 or 2
in there or --
MR. JACOBSEN: Yes.
COMMISSIONER HALL: So it's going to be the real deal?
MR. BUMPOUS: It's going to be the real deal.
COMMISSIONER HALL: Good. Is the practice facility
going to be lighted?
MR. BUMPOUS: Yes, sir, correct.
COMMISSIONER HALL: Excellent. And then the
restaurant, I love the fact that it's going to go where it's going, but
please not Italian.
CHAIRMAN LoCASTRO: Commissioner Hall, you're
dismissed.
COMMISSIONER HALL: You know, when we all -- when we
all die and go to heaven, you can find me in the Mexican food
department.
No. And there's going to be several sets of tees for, like, my
dad and stuff like that?
MR. BUMPOUS: Yes.
December 12, 2023
Page 45
COMMISSIONER HALL: That's actually good. Excellent.
Thanks.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Go ahead. Let -- come on
up. I'll -- I have a question anyway. Come on up, sir.
MR. JACOBSEN: What our intent is with the design is to do
multiple tees for different levels of players, and if there is room, we
will put Par 3 tees forward. So for good players, they'll be able to
play maximum length of 450 on a hole, and then for kids playing
with their dads and parents and learning the game, we will put tees
not in the fairway but off to the side 100, 150 yards so kids can learn
the game that way, and it would be also beneficial for the First Tee as
well. So we will have multiple sets of tees for multiple opportunities
for different lengths on the course on those nine holes.
COMMISSIONER McDANIEL: Now I'm ready.
CHAIRMAN LoCASTRO: Sir, that's -- that's a great personal
opinion, but can I ask you -- sir? Sir? So that's a great personal
opinion, but can I ask, what are your qualifications of knowing the
golf game? So I don't know if you're intimately involved in this
project or --
MR. JACOBSEN: Trust me, those charges will be dropped
before construction starts.
CHAIRMAN LoCASTRO: This isn't the blind leading the
blind? You know a little bit about what you're doing, I assume?
MR. JACOBSEN: Yes, we -- one of the things we've done
with my firm, Jacobsen Hardy, we've designed 15, 20 courses around
the country, and I'm proud to say we brought everyone in under
budget, number one. Number two, for the opportunity to work with
the First Tee and to work with Arthrex is a huge bonus.
Because I started playing the game when I was 10 years old;
started as a caddy, and then I've been in the game ever since, and I
December 12, 2023
Page 46
find it to be one of the most important mentorships in society. The
First Tee was started 25, 30 years ago by President Bush, 41. And it
was meant as a developmental opportunity for children in golf, and
it's proven to be one of the most successful, if not the most successful
youth development program in the country.
So golf is a very important aspect of what we do. As David
said, it teaches the responsibility, the integrity, the sportsmanship, the
honesty that we all need that is sorely lacking in society today.
So I'm bullish on this opportunity for the county, and, I
apologize, I'm a Lee County resident, but spend a lot of money here
in Collier County.
COMMISSIONER McDANIEL: I do have a question for you,
Mr. Jacobsen.
MR. JACOBSEN: Yeah.
COMMISSIONER McDANIEL: If the Chair will --
CHAIRMAN LoCASTRO: Go ahead, sir.
COMMISSIONER McDANIEL: Are we good?
CHAIRMAN LoCASTRO: Yeah.
COMMISSIONER McDANIEL: I happened to see you on TV
a couple months ago. Speaking of practice, have you been working
on that little thing you've got going on at the top of your backswing?
MR. JACOBSEN: Yes, yes, yes. I'm getting the ball up in the
air most of the time now, thanks to -- thanks to my -- thanks to the
help from Cindy Darland with the First Tee. My ball is mostly
airborne these days.
COMMISSIONER McDANIEL: Outstanding.
MR. JACOBSEN: Even at 70 years old, I can still get it in the
air.
COMMISSIONER McDANIEL: Outstanding. Thank you
very much.
(Applause.)
December 12, 2023
Page 47
COMMISSIONER McDANIEL: I wanted to -- I do have a
question that I want to ask, but I also want to say out loud that I'm
really happy with this plan. I'm really happen with the nine-hole
golf course. I'm really happy with the layout. I'm really happy with
the partnerships that have been brought together. This is -- this
is -- this is a pleasure for me to support with regard to the parties that
are involved with this.
So I want to thank you all in advance because I know how
hard -- especially Cindy. I know how hard you folks have been
working on this. And I don't know, David -- well, if the question is
for you. On a particular basis, there's two entities. We have First
Tee, and then we have the golf course operation. Is there sufficient
segregation with property ownership to protect those independent
operations there so that in -- God forbid in the event of a discourse, if
you will, that the individuality can be protected.
MR. BUMPOUS: Certainly. There's a lot of details that need
to be worked out, but in the early stages, it looks mostly like the
non-profit will be in complete control, if you will, providing, then, a
lease to the First Tee and setting up a form of an HOA to ensure that
everything is run appropriately, reserves are set aside, operating
expenses are taken care of and so forth, because it is very much of a
campus-type environment there.
COMMISSIONER McDANIEL: I saw that with the layout. I
love it. I love what's going on. I think this has got nothing but
potential for something amazing for our community.
MR. BUMPOUS: Thank you.
COMMISSIONER HALL: What's the time frame to tee off?
COMMISSIONER McDANIEL: One o'clock if you want to
come with me.
CHAIRMAN LoCASTRO: I was just going to add a couple
things. Obviously, this is headed in a great direction. You know,
December 12, 2023
Page 48
there might be some people that hear the nine-hole course
announcement -- and we had this in some previous meetings. I'm a
golfer. I'm not a Peter Jacobsen by any stretch of the imagination.
I'd like to talk to you after this about a couple things.
But the reality is, I played a course in Colorado that, I think, was
in, like, a 15-hole course, and then you went back to a couple of
holes, and the tee was in a different spot, and it was just because they
didn't have the acreage. And I felt like I played 18 holes. I mean,
so, you know, folks that say, oh, it's not an 18-hole, we're
shortchanging it, I mean, I'd rather have a nine-hole that's dynamic
and fits. And, you know, we can do anything, but we can't always
do everything. So we have to be dynamic.
But I think -- I firmly believe it's headed in a really strong
direction and with the partnership between Arthrex. I really want to
thank you all for, you know, being intimately involved in this.
Obviously, Mr. Jacobsen and -- MHK, I mean, if you're familiar
with their work all over Collier County, it's all first class. So this
isn't just some fly-by-night thing that we're throwing together.
And, you know, when you have Cindy as the CEO and
champion of the whole thing pulling it all together, you know, I think
all of us here are huge supporters of it, and we want to see it, you
know, go into this area of our community and really just bring it to a
level that has been needed for a long time. So it's going to be a
really successful project.
(Applause.)
CHAIRMAN LoCASTRO: I love the -- I love the
underbudget. And one of the things I always say from my time back
in the military, on time and early and underbudget, and then, you
know, you've had a successful construction project. But definitely
headed in a great direction. And to see so many professionals
involved, I've got a really great feeling about it, so -- and I know
December 12, 2023
Page 49
you've got -- I think I speak for all of us, when you have, you know,
complete, full support of the county, we can't wait to add this to our
footprint, you know, here in Collier County.
Mr. Jacobsen, on the way to Lee County, you will be getting a
speeding ticket, okay.
Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I would like to kind of start out, and we've got some public comment.
And I just want to say how delighted I am that Commissioner
McDaniel is happy with this project now.
So thank you, Commissioner. Looking for a 5-0 vote today.
When we were -- this is just a thing about Peter Jacobsen. You
recall about two or three weeks ago we had a fairly major rainstorm,
fairly high winds, and Mr. Jacobsen and some folks from Arthrex and
some county folks and myself walked the entire course, most of the
time in a driving rain. And it was interesting because Mr. Jacobsen
took off, and we had a hard time keeping up with you. And we
offered him an umbrella, and he said, no, I'm used to the rain, and
spent about three hours walking there, and then I know you walked
the course a second time, spent all day out there.
And I mention that because this is a really hands-on approach to
designing this course, and I was impressed with your knowledge,
obviously, but your dedication to making sure that this is going to be
a first-class course. I know there's been some question about how
long the holes will be. And I remember you saying, well, this will
be a perfect Par 5; it goes on forever.
And so I just want to thank you for making that -- that really
extra effort to make sure that this is going to be a special place and,
of course, obviously with Arthrex and the team that's together, this
will be something that the community will be very proud of.
And I know we have a lot of public comment. I would urge,
December 12, 2023
Page 50
just in terms of public comment, there's going to be, I believe, a 5-0
vote to move forward with this. I'm going to make a motion at the
appropriate time.
So we've got a long day today. So if you're supportive, it would
be nice to say that. If you're not supportive, then just sit there
quietly. We wouldn't want to hear from you.
But, Mr. Chairman, I think that --
CHAIRMAN LoCASTRO: Wow.
COMMISSIONER SAUNDERS: But, Mr. Chairman, I think
that -- Mr. Chairman, I think the public comment will probably go
fairly quickly.
CHAIRMAN LoCASTRO: How many do you have, Troy?
COMMISSIONER SAUNDERS: He's right. I have one
registered speaker who's been ceded three additional minutes.
CeCe Zenti. And is Louis Zenti here?
(Raises hand.)
MR. MILLER: Yes, okay. So Ms. Zenti will have six
minutes.
(Applause.)
MS. ZENTI: For the record, CeCe Zenti, 4226 27th Court
Southwest.
Good morning, Mr. Chairman, Commissioners. Very happy to
be here. That was an excellent presentation; we're very excited.
Just a couple things. First of all, for Mr. Vice President and
Mr. Architect, many in this audience here, as am I, live at Par 1
community, and our property is adjacent to the Golden Gate Golf
Course. Technically, we share lot lines. We are here this morning
to thank you and many of your predecessors who have worked to
preserve this parcel since 2008. Our commitment reached far
beyond any selfish reasons for having the -- saving the Golden Gate
Golf Course property. Rather, we believed then and we believe
December 12, 2023
Page 51
today this parcel could be something special, and it looks like it's
going to be.
We wanted to bring it to Golden Gate City, something that
would be better than the 720 condos that were originally proposed by
the previous owners. Our commitment was so strong we spent over
$100,000 on legal fees to show how we wanted to preserve green
space, wildlife, foliage, as well as a municipal golf course. Par 1
community has 516 condos which translates to 720 to 750 people in
our community.
We are exciting [sic] watching how these projects are coming
together on the parcel. As you know, a short time ago, a
ground-breaking ceremony was held for the workforce housing which
we are very excited about having. Today we are here to address the
soon new golf course, Mr. Jacobsen.
Even more exciting news is that First Tee will be on the property
making available their facility and training programs for all the youth
of Collier County. Having First Tee in Golden Gate is a wonderful
opportunity for children of working parents in Golden Gate to ride
their bikes or walk to the golf course.
This past summer during camp, Golden Gate -- at Golden Gate
Community Center, First Tee introduced their programs to the youth
there, and they loved it, loved hitting the golf balls and loved hearing
about the program. This proposal before you today will include all
that they have talked about, and we are here to encourage you to
bring this project forward.
The golf course was closed in 2019. During the last four years,
four long years, our community has been invaded by a lot of people,
especially all-terrain vehicles buzzing our homes. Time does not
permit [sic] four years of what has occurred. Suffice it to say, it has
been frustrating us.
I would also like to say we are most anxious for a date, and the
December 12, 2023
Page 52
reason for that is, we have several boards of directors. We have five
boards of directors and an HOA and have gotten waivers for normal
maintenance. We are due, sometimes overdue, on our buildings for
power washing buildings, roofs, painting, et cetera. This has
become a great inconvenience and a concern.
We are curious about what this golf course will look like. We
have a better idea today. And we are happy to know and can't wait
to find out where Hole No. 1 is and Hole No. 9 is.
With that said, we want to thank all the Collier County staff for
their help over the last many, many decades. We have -- they have
been very patient, kind, and informative. From the 311 staff, Clerk
of Court and her staff, administrative, your executive assistants, and
your predecessors' executive assistants. And in memoriam, I want to
remember Mr. David Lykins, executive, third district, of
Commissioner Burt Saunders. Also, the economic development
with Mr. Geoff Willig.
Our last suggestion, since we -- Par 1, is adjacent to the golf
course. Think seriously about this. We have 720 to 750 golfers and
people that love to go to restaurants. How about a cart path from our
community to their facilities?
(Applause.)
MS. ZENTI: We are more than ready to golf, go to the driving
range, go to the restaurant, and utilize what this renovation has to
offer. Please consider this proposal for Golden Gate City for the
youth to have a First Tee experience and to bring affordable golf for
the residents of Collier County -- thank you, Mr. McDaniel -- to bring
affordable golf, and we need this. Thank you so much.
(Applause.)
CHAIRMAN LoCASTRO: Before Commissioner Saunders
wraps it up, there's a lot of people in here bragging that they work for
Arthrex, and that's great, but Mr. Arthrex is here, Mr. Reinhold
December 12, 2023
Page 53
Schmieding. And Arthrex is just such a great contributor to our
community, an incredible employer, very philanthropic. You know,
if you've ever met this gentleman, he's never waving his hand
bragging about what he does. He's sitting all the way in the back
row. And, you know, he's probably surrounded by bodyguards or
something.
But, sir, I just wanted to recognize you on behalf of all the
commissioners here in the county for what you do for this entire
county.
(Applause.)
CHAIRMAN LoCASTRO: And I've said this before, when
you could have put your business anywhere in the country and they
would have dropped rose petals at your feet and you decided to come
to Naples, which cost you probably a little bit more money -- but this
is home to you, and you have really put your money where your
mouth is in so many ways and ways that the community doesn't even
know the checks that you've written and the things that you've done
as a community supporter, and so we thank you for that and for being
involved in this project making it a success. Thank you, sir.
MR. SCHMIEDING: Thank you.
(Applause.)
COMMISSIONER HALL: Right here in the heart -- right in
the heart of District 2.
CHAIRMAN LoCASTRO: Soon to be moved to District 1. I
gave him a little bit of a tax break. Arthrex will now be the home --
Commissioner Saunders, sir, the floor is yours.
COMMISSIONER SAUNDERS: Thank you.
Just to comment on the cart path. When we were walking the
course back in the rainstorm, I mentioned to Peter Jacobsen that the
folks at the Pars wanted a cart path connecting them to the clubhouse,
and the indication was that would not be a problem, that there's
December 12, 2023
Page 54
mostly -- most of the cart path is already there.
(Applause.)
COMMISSIONER SAUNDERS: So hopefully that will still
become a reality. I also just will take just a second to thank
Mr. Schmieding for his leadership on this. Without his vision, this
would not be a reality. And, of course, Cindy Darland and her team
have been incredibly great to work with, so I'm just really pleased
with the way this has turned out.
I need to make a motion and, Mr. County Attorney, I want to
make sure that when I finish the motion that we don't have to have a
whole lot of different hearings in front of this board, that we come
back with a response to the invitations to negotiate, and we would
move forward as quickly as possible.
So the motion that I'm going to make is to direct staff and the
County Attorney, working with staff, to initiate an invitation to
negotiate -- we have to do that in order to comply with Florida law
and our own county ordinances -- to do an invitation to negotiate
along the lines of what was outlined in the proposal that's been
submitted to us, the unsolicited proposal; that staff be directed to
issue that intent to negotiate very quickly. I would think within three
weeks to four weeks would be a sufficient time even with the
holidays to prepare that invitation to negotiate. I know this is a
lengthy motion, but bear with me; and that staff have 30 to 45 days to
complete that invitation to negotiate, come back with the ranked
firms so that we can make a decision to move forward, and I'd like to
have that decision before this board certainly by the middle of
February.
So that gives you a -- staff a very short time frame. But I don't
believe there are going to be any groups out there that are going to
want to bid on this type of a project based on the terms that have been
presented to us. So I think it's going to be a fairly quick process, but
December 12, 2023
Page 55
we need to get this course under construction during the growing
season, during the spring, so that's the reason for that motion to move
this along as quickly as possible and have staff have all the direction
they need to accomplish that goal.
So, Mr. Chairman, that's the motion.
CHAIRMAN LoCASTRO: Any concerns, County Attorney?
MR. KLATZKOW: No. We appreciate how important this
project is to the community, and it will be expedited.
CHAIRMAN LoCASTRO: So I have a motion from
Commissioner Saunders for an invitation to negotiate and then a very
lengthy thing.
Commissioner McDaniel, would you like to second that motion?
COMMISSIONER McDANIEL: I'd be honored to.
CHAIRMAN LoCASTRO: Okay. See how I did that?
Cindy, did you see that? Did you see how I had to do that? It's my
last day as chairman.
So we have a motion from Commissioner Saunders and a second
from Commissioner McDaniel. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
COMMISSIONER SAUNDERS: Mr. Chairman --
(Applause.)
COMMISSIONER SAUNDERS: Mr. Chairman, we had a bet
going as to whether we'd get five votes or not. So I'm not sure -- I
think I may have lost on that bet.
December 12, 2023
Page 56
COMMISSIONER McDANIEL: Somebody owes me some
money.
CHAIRMAN LoCASTRO: Okay. Thank you all for the
presentation, and a lot of work ahead of us, and, you know, we'll have
the full support of the county behind it. It will be a great teamwork
project.
County Manager.
MS. PATTERSON: Commissioners, would you like to take
our court reporter break, then come back for public comment, and
then we'll go to our 11 o'clock time-certain.
CHAIRMAN LoCASTRO: Yeah, I think that will be great.
So -- and we've got a lot going on, so let's just take a quick break.
Let's come back here at 10:45.
MS. PATTERSON: Thank you.
(A brief recess was had from 10:34 a.m. to 10:45 a.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Okay. If you're involved in what's
next, please take your seats. If you're not, we ask you to exit quietly,
and we've still got a lot of work to do.
COMMISSIONER McDANIEL: What's next? What's next?
CHAIRMAN LoCASTRO: Okay. We're going to go to public
comment.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MS. PATTERSON: Yep. Just before we go to our 11 o'clock
time-certain, we're going to go ahead and take our public comment.
Item 7, Troy.
December 12, 2023
Page 57
MR. MILLER: Yes. Sorry about the curveball there. Your
first public speaker will be Robert Thurston. He will be followed by
Ewa Front.
MR. THURSTON: Good morning. Hello. My name is
Robert Thurston.
Today marks my sixth appearance before the Collier County
Board of Commissioners on Collier TV. I'm back today to discuss
in greater depth the deep state here in Naples, Florida, and something
called the Targeted Individual Program. The Targeted Individual
Program is a U.S. led torture program that grossly violates often law-
abiding Americans' constitutional rights. A U.S. shadow
government known as deep state carries out the Targeted Individual
Program with virtually no oversight or accountability.
The U.S. government dishonestly denies the existence of the
Targeted Individual Program. I hope the Board and the people
watching this get some benefit from my research and experiences.
I am here today to try to answer an important question for some
people these days. That is, how can you protect yourself from
dishonest people in government or the deep state who band together
for the purpose of defrauding your average everyday citizen who,
under close scrutiny, is committing no crimes?
Coming here to speak to you-all, by the way, was not my first
choice. I had to put a face on this issue if I hope to get any help. I
think I'm a victim of one of the worst civil rights abuse cases in
modern American history because of the severity of what happened
as well as the duration. I'm here to try to reclaim my life.
I've broken a pretty major news story here in Naples, Florida,
about the Targeted Individual Program. This is a story of global
importance. Where are the local reports? Where is Daniel Glaun?
Where is Tomas Rodriguez of the Naples Daily News?
I explained what happened to me to them. These deep state
December 12, 2023
Page 58
programs needlessly harm U.S. citizens. Why aren't you covering
this story? The people of Naples deserve to know what is going on
here.
Then is Sheriff Kevin Rambosk still trying to wriggle out from
under the truth about his certain involvement in the Targeted
Individual Program. I emailed Kevin Rambosk about the Targeted
Individual Program for the first time four-and-a-half years ago in
April of 2019. The 120-page documents I currently have online for
people to read were only about 25 pages long then, and that's what I
sent Sheriff Rambosk.
Now, it's important to remember there are other people involved,
but in 2019 I was thinking, wow, finally someone can help me with
the Targeted Individual Program. I'll write Sheriff Kevin Rambosk
to ask for help. It should have been an option any law-abiding
American citizen could turn to. It should have been a good idea,
right? Wrong. Asking Rambosk for help was like a mouse asking a
cat for help.
I imagined a scenario where Sheriff Kevin Rambosk would help.
What's that you say, Mr. Thurston? You know about a secret torture
program that harms American citizens here and that denies them due
process of law from the start? I am on it, and I promise you we'll get
to the bottom of this, Rambosk would say, I thought.
It never occurred to me that Rambosk was actually instead
involved in coordinating and carrying out the illegal Targeted
Individual Program here in Collier County.
I've emailed Rambosk maybe 10 times since 2019 initially
asking for his help and later complaining about his role in the
Targeted Individual Program. Rambosk never replied even once, not
even once.
So last I want to give, again, the link that tells the story of the
people involved here locally in my illegal targeting at
December 12, 2023
Page 59
targetedindividual4.wordpress.com. Again, that's
targetedindividual4, the number, .wordpress.com.
Also, this week I reached out to Florida senators Joe Gruters,
Jay Trumbull, Kathleen Passidomo, Bobby Powell, and Darryl
Russon to ask for help in sponsoring Collier's law, which would
criminalize participation in the Targeted Individual Program.
May I have 30 more seconds, please?
CHAIRMAN LoCASTRO: Just wrap it up, sir.
MR. THURSTON: Okay. Kevin Rambosk, you took an oath
to protect the people of the Naples community. Once you became
sheriff and found that torture at the behest of the U.S. government
was part of your job description, you should have immediately
resigned and had a press conference and told the people here. You
did not. Instead, greedily, just looking out for yourself.
CHAIRMAN LoCASTRO: Thank you, sir.
MR. MILLER: Your next speaker is Ewa Front. She'll be
followed by Rae Ann Burton.
Ewa, I hope I'm saying your name right --
CHAIRMAN LoCASTRO: Stand by. It's a little out of order,
but Commissioner Hall does have a question for Mr. Thurston.
COMMISSIONER HALL: You know, you've been here four,
five, six times.
MR. THURSTON: Yes, sir.
COMMISSIONER HALL: What is the purpose of coming
before the Commission? You know, what do you want?
MR. THURSTON: Well, I would like the -- I'm trying to get a
law sponsored, Collier's law, so that the Targeted Individual Program
would be illegal. I want to help other people that are going through
this not to have to go through this. It's ridiculous. It's an
abomination. And the more you shed light on it, the better the
situation seems to get.
December 12, 2023
Page 60
COMMISSIONER HALL: So correct me if I'm wrong, do you
want to use this as a public platform to toot your horn on the issue, or
do you want us to take some kind of action?
MR. THURSTON: Well, already the Board of County
Commissioners has passed an ordinance, which seems like about all
that you could do at this level. Honestly, I have no other way to try
to reclaim my own life. I have no other way -- I've tried all the other
ways. I've written everybody. I've reported it to all the different
people that I could report it to. And this has been the last option that
I had is the right that I have as a citizen to speak publicly --
COMMISSIONER HALL: Sure.
MR. THURSTON: -- on the issue.
COMMISSIONER HALL: Fair enough. I just wanted to ask
you because I never have, and I never have been clear about it. So
thank you.
MR. THURSTON: Thank you, sir.
MR. MILLER: Once again, your next speaker is Ewa Front.
She'll be followed by Rae Ann Burton. Ewa has been ceded three
additional minutes from Ray Neary. Ray, are you here?
MR. NEARY: Yes.
MR. MILLER: Okay. So she will have a total of six minutes.
MS. FRONT: Good morning, everyone.
MR. MILLER: Could you pull the mic down in front of you.
Thank you.
MS. FRONT: So I'm here today not to speak about Italian food
or golf, which would be probably easier, but I'm here today because
of the subject that impacts my life and my community's life on a daily
basis. It's -- the Domestic Animal Services is still unable to hire a
veterinarian to perform spay/neuter surgeries and other surgeries for
the last two years.
The current veterinarian on staff does not perform any surgeries.
December 12, 2023
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This resulted in sheltered animals being transported to several places
all over Collier County. So this is the statistics that I have received
from Domestic Animal Services from January through October
basically confirming what I also stated a couple weeks ago during my
public comment.
If we could go to the next page, Mr. Miller, please.
Yes, it's the same, just if you could scroll down. Yes, thank
you.
So as you can see, the outcome for animals in our shelter is that
10 percent of the felines die in the care of Domestic Animal Services.
It does not include the animals that are being put down because of
their health concerns. So I don't know if that's a neglect or what's
happening to those animals, but 10 percent of the cats are basically
dying in the cages.
Spay and neuter programs are the most effective and most
affordable way to reduce the population of community pets. In this
case, a few dollars proactively spent to sterilize pets can save
thousands of dollars in taxpayers expenses required to house, care,
and home the unwanted animals.
I'm kindly asking you to step in, implement your business
experience, and secure a veterinarian that is able to provide surgeries
for our county. We can hire a headhunter that will be responsible to
secure that position. We can look into immigration visa for a
veterinarian. I know cases where immigration visa was permitted
for way less skills than being a veterinarian. I have sent that
information to Domestic Animal Services of a company or firm that
does it on a daily basis.
We also need to offer a salary that is attractive for this crucial
position. The current veterinarian, according to public records, earns
$157,000 and is not performing the surgeries. Current advertised
salary for the new hire vet online is only 120- to $180- range, and my
December 12, 2023
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understanding is that the Humane Society just hired a veterinarian
with starting salary of over $200,000. So there is a big discrepancy.
Considering the Humane Society employees on DAS advisory
board, I'm surprised how ill-advised and poor [sic] research this
offering is.
The salary for a veterinarian in Naples starts at least at
$200,000. Offering anything less, especially considering the amount
of work and responsibility, is insulting.
I have requested financial records from Domestic Animal
Services through public records request about the cost of the current
approach outsourcing these services to private practices. I'm still
waiting for these records. I will be happy to report the numbers back
to you unless we are -- you are able to use your position and help
with obtaining these records.
Public agency must publicly list their contract opportunities.
Was there a bidding process for providing these services that went
out to the local practices? Ten percent of the cats die in DAS care,
and so this is very sad.
This is why just only last week I was called by my senior
neighbor. She found a little kitten in her backyard, and I just kind of
refused to bring the animal to Domestic Animal Services because of
the annual outcome.
And, also, let's not fool ourselves and think that other agencies,
the Humane Society, will do the job for our county. I told them I
was able to trap a feral cat last week, and they told me to bring him
back in February for a surgery.
I'm sure that many of you like to travel. I lived and worked in
many tourist destinations across the world and have seen the pet
population escalate out of control if proper measures are not taken.
I'm here today to tell you that Collier County has become one of
these popular destinations that have hundreds of homeless animals
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roaming the streets. There are certain communities in Collier
County that I refuse to go and take my family to because of
disheveled free-roaming animals. And there are also grants
available for spay/neuter from non-profit
organization -- organizations that we can apply to if we hire a proper
veterinarian.
CHAIRMAN LoCASTRO: Thank you, ma'am.
MS. FRONT: That's it. Thank you.
MR. MILLER: Your next speaker is Rae --
MS. FRONT: Oh, can I --
MR. MILLER: Go ahead, please.
MS. FRONT: Can I ask any of you to stay in touch and
promise that we will fill that position after two years?
CHAIRMAN LoCASTRO: Well, first of all, I'll make some
comments, because I stay plugged in with DAS, and I think that we
all do. They just sent us some photos showing a vet spaying and
neutering 30-something cats just recently. So some of what you said
has merit, but -- and we're not going to sit here and debate, but the
cats that died to say, oh, a healthy cat comes to DAS, and then they
die in the cages, that's actually not true. A lot of unhealthy cats, cats
that have been injured, attacked get to DAS, and some of that
10 percent are cats that were going to die on the road and then came
to DAS, and so that sort of counts against them a bit.
We have been doing everything possible to get in a vet, but if
you looked at the statistics across the country, veterinarians are
very -- in high demand and low quantity. Humane Society is a
private organization, so when they have somebody that writes a
$2 million check and gives them a donation, I have no doubt they can
hire a $200,000 veterinarian. We're doing it with taxpayer dollars.
So when you're dealing with taxpayer dollars, we can do
anything, but we can't do everything. But we have exponentially
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increased the price of a vet. But while we're waiting for a permanent
vet, we've had contracted vets come there and take care of business.
I mean, I've been there personally, and I've seen it. So it's not that,
you know, the dogs and cats are all sitting there without a vet for
three years.
What we're doing is we're paying a contracted person to come,
but we don't have, you know, the permanent folks there.
So, you know, the public comment is just, you know, for you to
make comment, but I did want to say some things I don't want to say
in defense of DAS because -- but I do want to say in support of them,
because they take a lot of shots. But we've spent a lot the time down
there as well and have had meetings up here asking a lot of the
similar questions that you've had and maybe have done a deeper dive.
You know, saying a generic statement of 10 percent of the cats die
under DAS, well, 9.9 percent of those cats maybe came there and
they were terminal, and DAS did what they could. I'm just using
that as an example, so...
MS. FRONT: They statistically would exclude the cats that
were ultimized [sic] for health reasons.
CHAIRMAN LoCASTRO: Okay. Well, your -- but your
reply to us, are we doing anything about it is yes. This isn't new
information to us. DAS is on a very short list, and Mr. Rodriguez,
Dan Rodriguez, our Deputy County Manager, is intimately involved.
So you have the highest level of leadership of the county staff that's
been -- I don't know if you want to make some comments, but he's
been sending us a lot of information as well about DAS.
So I don't want you to leave feeling like you just spoke for six
minutes, and we didn't hear you, but DAS has been something that
we've been working really hard to improve, you know, over a short
period of time.
MS. FRONT: Sir, if I could --
December 12, 2023
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MR. RODRIGUEZ: Absolutely. And thank you,
Commissioner.
CHAIRMAN LoCASTRO: Well, let me just hear from
Mr. Rodriguez.
MS. FRONT: Okay.
MR. RODRIGUEZ: And thank you, Commissioner. For the
record, Dan Rodriguez, your Deputy County Manager.
The public speaker does have some great points and, absolutely,
it's challenging. Domestic Animal Services has a huge demand. If
you look at the size of our county, 2,000 -- over 2,000 miles of
county, the second largest county east of the Mississippi, we have a
lot of strays.
But I will tell you that Domestic Animal Services, with the
limited staff and the small budget, they process more animals than
any Humane Society that I know here in the Southwest Florida
region. They have a 94 percent release rate. So that means for
every animal that comes to Domestic Animal Services, whether dog,
cat, and other animals, 94 percent get released. I would challenge
anybody to see those kinds of numbers in other facilities.
That being said, we have more work to do. Any animal that has
the opportunity to be saved or rescued, that's what we rely on private
organizations like the Humane Societies. Your Domestic Animal
Services director, Marcy Perry, has partnered with many and has
shipped out many animals to Humane Societies and a lot of other
rescues outside of Collier County, outside of the state of Florida.
If you get a chance and you sit down and look at some of those
statistics, we move a lot of animals. I think the Humane Society,
we've met -- the County Manager and myself have met probably
twice in the last two weeks with the Humane Society. They've come
out to our facility. As you stated, we've done spay and neuter just
this week with the Humane Society. Actually, it was last week,
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Thursday or Friday. I think they spayed 40-plus animals with that
new vet that they had. And so that's just one opportunity.
Every week we get animals, we get veterinarians that come that
we pay for, and they spay and neuter so we can keep the animals
moving into adoption.
In addition, we're looking at other opportunities to reduce the
population in the kennels, and we're looking to partner with Humane
Society; that maybe after several weeks, several months, those
animals get transferred out of Domestic Animal Services and
potentially go to the Humane Society where they can help place
those.
We have over 280 volunteers that do a great job in helping to
take care of the animals. We're looking to them as well to help us
place more animals.
MS. FRONT: Absolutely.
MR. RODRIGUEZ: So things are getting -- are moving in the
right direction. We have all of our positions posted. Our director
has selected more team members to be at DAS. We had a
shorting -- a shortage of staff at DAS for the last four months.
MS. FRONT: Yeah.
MR. RODRIGUEZ: But we're picking up speed again.
So as far as the veterinarian, you're exactly right; they're in high
demand. A veterinarian coming out of college can easily make
$220,000. So we're diligent in looking for the veterinarian. And
the one veterinarian at our vet, I don't want to say she has limited
skills, but she does a great job in helping to stabilize the animals that
do get there, give them their treatments. There's a lot of work.
MS. FRONT: Absolutely. And I'm not discounting any of
that, what you said, sir; however, I'm just looking for reasoning
behind the current veterinarian that does not perform surgeries
earning about $160,000 while the offer for a new veterinarian that is
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supposed to perform the full-time job, including surgery, is within the
range of 120- to 180,000. Why wouldn't you change that? Because
many people go -- I know if I go and search for a job, you also look
at the salary. So if you increase that salary, that would help to weed
out lots of potential people that will -- that are trying to actually
apply.
And to your point, yes, I understand that there is a huge
overpopulation. This is why I got involved hands on, because I see
broken animals, hurt animals, and I have young children. I don't
want them to witness the suffering every day. So --
CHAIRMAN LoCASTRO: Okay. Thank you, ma'am. We
appreciate it. Thank you.
MS. FRONT: Yes. So please change that. If you really,
really want to hire --
CHAIRMAN LoCASTRO: We have been increasing that, so
it's -- the population of veterinarians who want to work at DAS,
they're not marching through the front door. If you've got a
connection of somebody that wants to work at DAS and they're a
trained vet and you think that, you know, our salary is too low or
they're interested, connect them with Marcy Perry is what I would tell
you. But, you know, I know that we've cast a very wide net, and
across the country we're not the only Domestic Animal Services that
doesn't have a full-time vet. It's not just us and nobody else, so --
MS. FRONT: Yeah.
CHAIRMAN LoCASTRO: -- thank you.
MS. FRONT: Are you able to hire a headhunter to look for that
position as well?
MS. PATTERSON: Commissioners, we can get with the
speaker off-line and talk to her about our recruitment.
CHAIRMAN LoCASTRO: Okay.
MR. MILLER: Your next speaker is Rae Anne Burton. She'll
December 12, 2023
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be followed on Zoom by H. Michael Mogil.
MS. BURTON: Good morning, Commissioners. Since this is
the last BCC meeting for the year, I want to present you with a small
reminder of an event passed. Remind you that Golden Gate Estates
is a rural community of unique qualities, wildlife environment, and
existing residential living, that it needs to be protected and preserved
against uncontrolled dense development, remind you that you work
for the taxpayers to protect existing environment, wildlife, and
residents living already in the Estates, remind you that development
decisions can be -- either enhance the Estates or destroy its
uniqueness, remind you the decisions are not to be based only on
what you think should be done or what the developer wants but also
on what the actual residents living in the area actually need, their
concerns and wants.
Therefore, I created these glass Christmas ornaments to remind
you that the residents want a say in what happens in their backyard in
hopes that in 2024 this board will listen to your constituents' voice,
those living in the area, and be wise as King Solomon. We know
our needs, our wants, and it isn't dense communities, high-rises, or
storage units.
Golden Gate Estates is rural, not urban. These projects need to
be on major roads, not within the Rural Estates.
Yesterday around 5 p.m. I spent 50 minutes driving 13-plus
miles on Golden Gate Boulevard to Everglades to get home due to an
accident on the corner of Vanderbilt Road and Collier Boulevard.
Vanderbilt, the very road that a project was approved for dense
housing to be built between Village Walk and the cemetery with a
promise of affordable housing, which impacted residents protested
against.
My prayer for this coming year is that the commissioners work
with the residents of the Estates to create growth that is beneficial to
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man and animal by building controlled growth that adheres to the
Growth Management Plan to keep the Estates rural.
Thank you and do have a Merry Christmas and a safe holiday,
and I have your gifts right here.
(Applause.)
MR. MILLER: Your final speaker for Item 7 is on Zoom,
H. Michael Mogil.
Sir, you should be getting prompted to unmute yourself at this
time. Hold on a minute; I don't see that happening. Okay. There it
is. Sir, you should be getting prompted to unmute yourself at this
time. I see you're unmuted. You have three minutes, sir.
MR. MOGIL: Thank you and good morning, everybody. My
name is --
MR. MILLER: Hold on a minute, Michael. You're real low
here. Okay. Go again, sir.
MR. MOGIL: Okay. Let me make --
MR. MILLER: Go again.
MR. MOGIL: -- it a little louder at my end, too.
All right. Starting anew, good morning. My name is Mike
Mogil. I've lived in Naples since 2005. And as you-all know, I
often contribute to these meetings either in person or online. I prefer
the in-person approach because it's just more personal.
On November 14th, I attended a meeting in person.
Unfortunately, I arrived a little before 10 a.m. due to traffic, and I
missed the earlier public comments item. There was a gentle
schedule, I was advised, so the window was moved up and ended a
few minutes before I arrived.
To accommodate me, I was advised that there was another
window open at Speaker Item No. 15, I believe, on which I could
speak. I waited.
As the meeting unfolded, lunchtime arrived. The Chair asked if
December 12, 2023
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there were any items that could be addressed quickly. The
coordinator, the moderator advised one public speaker and another
item; I don't remember what the other item was. The Chair decided
to terminate the session without allowing for the one three-minute
public speaker: Me.
I had already waited two hours to speak and now was put on
hold for at least the lunch hour. I felt totally disenfranchised. For
the record, I wanted to talk about anti-Semitism, and now I have to
wait until the next commissioners meeting in January to address that
topic. That will amount to an eight-week delay.
The commissioners provide time-certain for specific actions:
Large projects, developers, government officials, et cetera. I am
asking that a similar consideration be provided for Collier citizens for
both the 10 a.m. morning comments and the secondary public
comments, potentially, Item 15 at the November 14th meeting that
might be just prior to lunch.
I noted your comments about the 10 a.m. time-certain for
Item 10 this morning and your raised concerns about public speakers.
This was not the case on November 14th.
Citizens have jobs, kids, and lives. Being made to spend so
much time at a meeting without the ability to speak should be granted
implicitly. I urge the commissioners to adopt a policy that
guarantees the right of a timely public speaking at the meeting. We
are just as important or more important to the process than just
developers, businesses, and government officials.
We should be encouraged to speak about important matters, not
discouraged. I intend to submit these comments formally later
today. I just need to know to whom I should submit them. To you,
the Chair, or some other individual or office in Collier County. I
look forward to a prompt, positive action to this important matter.
Thank you.
December 12, 2023
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CHAIRMAN LoCASTRO: Yeah, you can send those to me
directly, sir. But, I mean, I will tell you if I knew we had one
speaker before lunch, I don't think I would take a one-hour lunch and
not hear from a three-minute speaker. So I don't have recollection of
the way that you packaged your comments.
But having said that, I'll say that this -- these commissioners
actually have increased public speaking. That Item 15 that you
referred to at the end of the -- at the end of our agenda is something
that never existed before, so we wanted to make sure that at the
beginning of the agenda and at the end of agenda we caught any
public speakers. And if you notice, when, you know, the light turns
red, we don't kick people out the door.
So I don't know if something fell through the crack where you
were the lone public speaker, and we had some sort of technical
difficulty, but I'm really proud of how we have -- I don't want to say
allowed people to speak. It's their right to speak, but we make sure
that we allot maximum time for it because we greatly value it.
So I don't know if Mr. Miller has any recollection on the 14th of
sitting on one public speaker and, you know, we kicked it for an hour,
but that's not something that any of us would do knowingly.
MR. MILLER: Mr. Mogil has spoken several times. I don't
know what instance he's referring to. I know he said something
about either me or the County Manager. I don't remember that at all,
sir.
CHAIRMAN LoCASTRO: Okay. Well, I look forward to
getting your detailed comments, sir, and, you know, we take great
pride in the public speaking portion both times during our agenda
when we have these meetings.
MR. MILLER: That is all of our speakers under Item 7, sir.
CHAIRMAN LoCASTRO: Okay.
December 12, 2023
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Item #11C
A PRESENTATION BY RESOURCEX RELATIVE TO BOARD
DIRECTION TO RECOMMEND AN APPROACH TO ACHIEVE
IMPROVED BUDGET PRIORITY ALIGNMENT, EFFICIENCY,
COST CONTAINMENT, ACCOUNTABILITY, AND
TRANSPARENCY. (ED FINN, DEPUTY COUNTY MANAGER)
(ALL DISTRICTS) - MOTION DIRECTING STAFF TO
NEGOTIATE A CONTRACT WITH RESOURCEX BY
COMMISSIONER HALL; SECONDED BY COMMISSIONER
LOCASTRO – APPROVED
MS. PATTERSON: Commissioners, that brings us to our
11 o'clock time-certain. This is Item 11C. This is a
recommendation to have the Board hear a presentation by ResourceX
relative to Board direction to recommend an approach to achieve
improved budget priority alignment, efficiency, cost containment,
accountability, and transparency.
We do have representatives here from ResourceX. I know
Mr. Finn has some opening comments. And we just, as staff, want
to extend a thank you. You had allowed Commissioner Hall to be
the Board's spokesperson on this process as we moved through
talking to multiple firms. He and Louise helped us tremendously
with this process, so thank you to Commissioner Hall and to Louise
on that.
With that, I'll hand it over to Mr. Finn for his opening
comments, and then we will move on with the presentation.
MR. FINN: Thank you, ma'am. Edward Finn, Deputy County
Manager.
I echo Amy's comments: Thank you, Commissioner Hall.
Your involvement in this was very beneficial. I look forward to the
December 12, 2023
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presentation.
This is a follow-up to our '24 budget process. The Board
requested Commissioner Hall, along with the County Manager, to
work towards identifying qualified consultants to review our budget
process. They've done so.
A couple of things we want to tick off. We're looking for
greater efficiency, of course, cost containment, accountability,
transparency, and, of course, we want to continue our high level of
service.
Twelve firms were looked at, narrowed down to three. The
three were most responsive and most aligned with the thinking of the
group looking at this. And of those three, we have ResourceX here.
They stood out. Flexibility of implementation, number of other
government projects, overall responsiveness through the screening
process stood out -- stood out, I think, for the group responsible for
looking at this.
With that, I'll introduce Mr. Chris Fabian, CEO and cofounder
of ResourceX, to provide a presentation.
MR. FABIAN: Thank you. Thank you very much, Mr. Finn.
All right. Got my slides here.
Thank you to the Board for having me here today and allowing
me to speak before you. I have a short presentation and very much
look forward to any dialogue that we get into. But this is -- this is
our specialty. We created a new path to budgeting.
My own background, I came from county government, and I
know the complexities and challenges that a county -- local
government faces and the diversity of services that you provide and
the constituents who you serve.
I did want to start, then, with an explanation of who are we, who
is ResourceX, and why did we have to create a new path to
budgeting.
December 12, 2023
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The traditional approach to budgeting, line-item budgeting, is a
tried-and-true practice. It has been around for, somewhat ironically,
100 years. This is your Centennial, 100 years, I noticed today. We
actually spoke at the 100-year anniversary of line-item budgeting,
which was actually two years ago, and it was at the exact same time
that GFOA, which is the Government Finance Officers Association,
as you see here on this document, unveiled its new project around
re-thinking budgeting.
So government finance professionals across the United States
and across the world are being moved as an industry to re-think how
we budget, to take the best of line-item budgeting and why it has
served us but also to recognize the needs that you-all have as
decision-makers for the budget process have evolved.
How have they evolved? The world's changing. Our needs
continue to grow. The priorities that you have are not free of charge.
And the approach to traditional line-item budgeting does not
necessarily present you with the options and the data and the
analytics to know what some of your considerations might be for
finding new resources to fund ever and ever more challenging
priorities before you.
I start with a handful of examples from county government.
Josh Schoemann, who's a county executive, the equivalent of County
Manager Patterson, has been implementing priority-based budgeting
since 2015 in Washington County, which is in the Milwaukee area of
Wisconsin. The outcome of Washington County's work has been
nothing short of reallocating over 15 percent of their budget. How
do they do that? They systematically scour how every dollar is
being invested into each and every program they provide, whether or
not those programs align with the Board's priorities, and opening up
opportunities for reallocation through partnership, through efficiency,
through entrepreneurial revenue recovery options as well.
December 12, 2023
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Josh and Washington County's work has been highlighted here
in this book, Financial Foundations for Thriving Communities. This
is our goal is that every local government, every county will have this
skill set for resource reallocation.
Ultimately, zero-based budgeting, which is the approach that
you are hoping to take -- and I'll walk us through how it relates to
priority-based budgeting -- is simply a tool. The budget process is a
means to an end. Towards what end? Towards getting the
resources properly channeled and aligned to fulfill the priorities that
you stand behind.
In order for us to do that, we are taking a look at two -- two of
your primary levers, which include spending your current budget
differently. So how do we confidently understand where we can free
up and reallocate resources that are currently spoken for in your
budget process? So that will be a key outcome of your work and,
secondly, looking at new revenue sources where they could possibly
exist.
Our strategies in our approach on freeing up and reallocating
resources will entail looking at sourcing opportunities where you
have partnership considerations overall for every program that you
provide. We'll be looking for program efficiencies, every program
that you provide and is there a different way to provide it, which
could free up resources and, ultimately, looking at service levels.
Look, there are some programs and services that you offer that might
have been aligned in the past that we should reconsider. Are they
still aligned with the priorities of the county looking towards the
future? So priority-based budgeting and zero-based budgeting
organizations will reconsider service levels where you could sunset a
program. Maybe provide a little less of that program if it meant
freeing up and reallocating resources that you could provide to
high-growth programs in need.
December 12, 2023
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Similarly, on the revenue side, while freeing up and reallocating
current budget is critically important, we'll also be challenging
departments to look at every program for an entrepreneurial
revenue-generating opportunity as well. So looking at fees and
charges, scouring cost recovery, looking at in-sourcing opportunities,
as you have just mentioned earlier in this meeting. So outsourcing
for freeing up resources; insourcing for generating revenue. And
included in that will be grant-funding opportunities as well.
As other organizations have followed this path here, as you see
another county government in the Edmonton area of Alberta, Canada;
they have reallocated over $55 million to invest in new programs that
need to grow without asking the taxpayers for a tax for another single
dollar of contribution overall.
This is what we see is imperative across the country. And
certainly for your organization, no different. How are we going to
be able to find ways to resource key priorities in front of us when we
know it's awfully difficult and sometimes unacceptable to be asking
for -- our constituents for more resources.
I did want to make mention that Collier County is a substantial
organization. You're a large county government with abundant
resources. And we've worked with many organizations of your
caliber as well here from the City of Pittsburgh, Pennsylvania, to Fort
Worth, Texas; Albuquerque, New Mexico, to Kansas City, Missouri;
Denver, Colorado, where I come from where it's very cold, and I'm
happy to be in Naples today; and Salt Lake City, Utah, to name a
few.
Here, Mayor Peduto referencing how they reallocated $41
million from their approach with priority-based budgeting to ensure
that they are funding their top priorities from safety, economic
growth, infrastructure, and sustainability again through that
systematic evaluation of every program and the options that you
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have.
I did want to illustrate for you how we will do this. So the first
value proposition of priority-based budgeting is, indeed, from your
Board memo, priority alignment. How do we reframe the budget
process not to simply state what your priorities are but to ensure that
the budget is aligned with achieving those priorities?
When I was in county government, my own board presented me
with the budget that we had just adopted when all of this work was
being beckoned, and this is a traditional line-item budget for which
we had spent months on end debating various spending decisions and
giving it thoughtful consideration, and at the end of the day, my own
board challenged our department, my department, to say, show me
where I look in the budget document to find out are we getting safer?
What programs are we investing in that actually connect and
influence the overall increase in safety for our community? Are we
funding economic vitality? How does this budget invest in
infrastructure? And we realized that the tools that we had to bring to
bear in the budget process needed modernization.
So in order to do that, we will start with your strategic plan.
We will take a look at your board priorities. We'll work with you to
make sure that we understand clearly what your priorities are and
how you define them overall.
This being an illustration from one of our communities of a safe
community is a key priority, economic vitality and, here, shared
prosperity. We want to be able to look at your budget from a
results-first perspective and be able to say for any given outcome that
you're striving to achieve, safe community to shared prosperity here,
how much are we investing in this particular result, and how do we
know what we're investing in that result area? What are the
programs that align with it?
So we will come to understand across all of the departments
December 12, 2023
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every program that they provide, the cost of providing those
programs, and the impact that those programs have with strategic
board priorities from safe community to economic vitality here to
shared prosperity as an example.
I think what's been really interesting in the work is to realize that
for any given result area, it's not just one department or another that
owns that key result. So take safety. Of course, your Sheriff and
the programs provided by the Sheriff's Office will have strong
alignment with achieving that result, but we also just talked about
DAS and programs that they provide will have something, most
likely, to do with improving and enhancing the safety of the
community, as will growth and development, and, quite potentially,
the County Manager's Office.
So we will see across every department the programs they
provide and the alignment or lack thereof with the results that you're
trying to accomplish. And what a difference that will be from line
items alone getting to the program-specific level to be able to see
that.
As it pertains to transparency, many of our communities, cities
and counties alike, have chosen to take the data that they put together
and actually showcase it towards their constituents, towards their
residents overall. So this will be -- a part of the package that we
offer is how to take that data from a result-first perspective and
provide it to residents in a way that is understandable.
From a resident perspective, they care about results in their
community, but they also want to see accountability in terms of how
the program's aligned with those results, what you're investing in,
how much you're investing in those particular programs, and the
various options that you've considered in order to understand if these
are the best options for program prioritization.
Last, but not least, as we get into the budget process itself, for
December 12, 2023
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every key strategic priority that you have, departmental budgets will
be illustrated by way of the programs that you are funding. So
programs are a "how" in order to achieve the "why." Programs are a
choice in order to achieve a strategic priority.
And as every budget proposal comes before you, as you see
illustrated in these automated reports that come from our work, you
will be able to know does this proposal link to a program that actually
impacts our priorities to a high degree? Is this proposal mandated to
a certain degree? Does it recover its cost? What do we know about
change in demand for this particular program? So trying to offer
you data and analytics to help support your decision-making.
GFOA, the Government Finance Officers Association, talks
about the role of a budget practitioner today as a decision architect,
meaning that we are here to provide the data, provide the analytics to
ultimately support you-all as, at the end of the day, you have the
tough decisions to make that impact policy.
Second, I wanted to move into the next value proposition which
is central to efficiency, cost containment, and looking at your options
overall.
At the end of our work, at the end of our analysis, how we get to
that 10 percent or 15 percent resource reallocation that we described
earlier is that we're able to document how much of your budget is
invested in, as you see here on the screen, programs that are not
mandated whatsoever, programs where demand is decreasing. What
about programs that are offered by another organization where a
partnership could occur? What about programs that are less aligned
with the priorities that you're striving to achieve or don't recover their
costs? This being illustrative of how we will slice and dice the data
to understand the programs you're providing that meet this criteria
that lend themselves well to discussions, for example, around
partnership, efficiency, cost recovery.
December 12, 2023
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So our approach is to analyze the data first, bucket the programs
around key opportunity areas, and not draw any immediate
conclusions, but to bring them back to say these are the types of
recommendations and program changes that other organizations in
your shoes make in order to free up massive amounts of resources to
have readily available resources to reinvest in programs that need to
grow, where demand is increasing, population served is high, degree
of mandate is high, alignment with your strategic plan priorities is
also high. So it's a tradeoff, and that's what we're going to help you
to drive overall. Again, following that blueprint, that priority-based
budgeting blueprint to get there.
To quickly illustrate how this works, this was from the City of
Pittsburgh. I thought I'd share with you one tangible example of a
line item that everybody knows, postage. We can all imagine how
we invest in a line item in our budget like postage, and the City of
Pittsburgh, Pennsylvania, is around a million dollars. And like you,
like any organization, they could, before we started our work,
understand what departments are driving their postage budget. So
you have water department, your parks and finance department
responsible for driving a cost like postage.
Intuitively, city leadership understood that we ought to be able
to, in this modern era, save money on our postage budget. And so
your instinct is to want to maybe reduce that by 10 percent. The
question, as you see here in kind of the murkier part of the slide, is
that it is not immediately clear what you would be impacting if we
reduce a postage budget in any of those given departments. What
are the consequences of a reduction of 10 percent or 50 percent?
In priority-based budgeting and your goals for zero-based
budgeting, we will dive into the programs that drive a line-item cost
within any of those given departments. In a water department, of
course, mailing utility bills is a program that drives a postage budget.
December 12, 2023
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So we can study that, and we can come to understand, what if we go
paperless? What if we come up with other options to provide that
program thereby freeing up our postage budget?
It's sending out notices in the mail or collecting samples for
water quality and sending them back to the lab. How can we get to
the program data specifically to study how we would make
programmatic changes to save money in the line-item budget, free up,
reallocate those resources? That's how we're going to be able to
accomplish feats, just like you saw with the City of Pittsburgh and
their $41 million resource reallocation.
Last, but not least, in the final few minutes, I wanted to talk
about some practical next steps. So at a very high level, here's what
our process will look like. We know that from your work heretofore
you have a line-item budget. We also know that you have some
level of program delineation already. You have a start. We will
leverage that in our work to take advantage and not have to start from
scratch, but the thesis behind priority-based budgeting and zero-based
budgeting is we don't just want to know the line-item detail. We
want to know how those line items connect to the programs that you
provide, so we'll create a program inventory. We will cost allocate
your budget to the programs and services to come up with that cost.
We will score and evaluate those programs against basic program
attributes which include degree of mandate. Is this program
mandated? Who's mandating it? Is it a federal mandate? Is there a
state government mandate? Is it something in your own policies,
local ordinance?
We'll study change in demand. We'll study cost recovery,
population served, and opportunity to partner with other entities, both
public sector, nonprofit, and private sector.
The yellow layer is impact on your strategic plan, so every
program will be evaluated in terms of impact not just on the priority
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that it fits into the best, but against all of the priorities of local
government. That is the driver for prioritization. A program that
has the greatest degree of impact on your priorities is mandated,
recovers its cost, demand is going up as a high-priority program as
differentiated versus programs that have less to do with your strategic
priorities or less mandated populations served as low, and so on and
so forth.
Ultimately, that drives a program's future direction. Where are
we headed with it? And that is the leap from line-item budgeting to
zero-based budgeting, as you will come to understand.
With staff, we will propose a timeline that includes how we get
started, how we build relationships with the departments, how we
begin to collect that data with a combination of on-site support.
We're going to be here with you-all to do this work. There's a lot of
rolling up of the sleeves to get the data put together.
I will also share that because we have implemented this over
300 times in various local governments across the country, we have a
unique database of programs, those program costs and scores that we
will bring to bear to help support departments and make their life
easier and their work overall. We actually have predictive analytics
as well to offer to the departments who participate to shrink their
work and allow them to take advantage of those who have gone
before them in implementing this priority-based budgeting process.
Ultimately, we know that your budget process kicks off in
earnest in March, and so all of our work is heading towards these two
punchline deliverables: Resource reallocation opportunities, what
we call ROI, return on investment opportunity areas, both on the
budget reallocation side and revenue generation, leading into budget
development and support which, again, we'll begin here in March and
carry on into your deliberations and consideration of proposals from
departments overall.
December 12, 2023
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That marks the end of my presentation. I wanted to give you an
orientation of what this can begin to look like. I'll simply close,
before turning it over for question and answers, to say we're
extraordinarily passionate about this work. I come from the public
sector; I come from county government. We fully recognize that for
you to be able to meet the key priorities of this community, we need
resources available. In order to get there, we have to study how your
resources are being invested and prioritized today. We look forward
to the opportunity to support your work.
With that I'll welcome any questions.
CHAIRMAN LoCASTRO: Before I turn it over to
Commissioner Hall, because I know he's got a lot to say, I just
wanted to, on behalf of all of us, thank him for being our point man
on this.
You know, we gave ourselves a homework assignment to really
dive into the budget and no longer just sort of rubber stamp things
and move it along. And, you know, we cut a lot of spears and rocks
for some of the things that we did during our budget meeting that,
you know, went to 2:00 a.m., 2:30 in the morning, but it was because
we were dedicated to really taking a deeper dive than maybe had ever
been done before.
You know, if you want to make changes to the budget, if you
want to roll back taxes, you don't just do that and pat yourself on the
back and walk out, because the homework assignment we gave
ourselves is we believe there's efficiencies and waste in all
governments and, you know, we're tasked to find it in this one.
And so we really look for your expertise to shake the trees a bit
and see maybe where we're not spending our dollars wisely. And so
I know we felt very comfortable making some really aggressive
moves on the budget to put pressure on ourselves and our county staff
to not just say it's business as usual and, you know, we had X number
December 12, 2023
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of dollars last year, and, you know, we always get 5 percent more
every year. That's -- that business as usual isn't going to cut it for us.
And so, you know, Commissioner Hall's our point man on this,
and we're all dedicated to working with your company to do that.
You know, the last thing I'll say before I turn it over to him is I
think all of us feel our job's not to just collect money from citizens
but to manage it. And we know we can do a much better job
managing it here in Collier County, and so we look for your expertise
to help us, you know, not just collect money from people blindly but
to take the dollars that we get, to value them at a very high level, and
make sure that, you know, every penny counts.
And we know we've got -- you're going to have a lot of work to
do because we know that in many areas of this -- of this county
government it can be done much better. So we look for your
expertise, especially the successes you've had at other places, you
know, benchmarks.
Every county's different, but I'm sure there's things -- like you
said, you're not starting from square zero, and neither are we. You
know, we've got a -- you know, the reason why we're so committed is
because you have five commissioners up here that have done some
big things in business before and have -- we might not have the
answers, but we know what something looks like when it doesn't look
right, and we've got a bit of that.
So, you know, I thank you and for your expertise and,
Commissioner Hall, sir, the floor is yours.
COMMISSIONER HALL: Thank you, Chair.
So just to let the public know what the process has been up to
this point is after the budget meeting, we picked up the ball, and we
implemented some AI technology and asked the artificial intelligence
and opened up a conversation with them with some hard questions.
We were looking for someone with government experience.
December 12, 2023
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We were looking for someone in Southwest Florida, someone that
had some fruit behind their things, and we didn't get anybody. So
we broadened the conversation to go globally or nationally, and we
started getting some -- we started getting some responses for
companies that would fit those criterias. And we got, I think, 12
initially.
And before I get into that, I do want to thank the County
Manager and her staff. They have embraced this process
completely, fully. And so in the narrowing down, we had several
questions that we asked everyone. We wanted to know what their
experience was with zero-based budgeting or, you know,
priority-based budgeting. We wanted to know what their approach
was. We wanted to know what technologies or what tools that they
used or if they were just tools only or if they were in person or up
close and personal along with the tools.
We wanted to know how they handled change management
because when you start getting into a budget, there's going to be
change, and we wanted someone who handled that change as well
and someone who had experience with handling that change.
We wanted to know the fruit of other people that they've dealt
with. He's mentioned the City of Pittsburgh. He's mentioned
Washington. He's mentioned, you know, Salt Lake City and other
cities. I talked to the actual guy that they worked with at the City of
Fort Worth, and he had nothing but good to say about them. He said
everything that they're telling you, they're going to do, and that meant
a lot to me in the process, because in our world a lot of times people
tell you something and they don't really do what they tell you, if you
catch my drift.
We wanted to know what their -- what their sustainability was.
The changes that they implement, can we sustain that, or is this
something that we have to go through year after year after year? We
December 12, 2023
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wanted to know what kind of support they offered. So those are just
some of the questions. And then, you know, they answered those
well; that's why they're here in front of us.
We also asked the big question that was on my mind from the
get-go, and that's how much. And we had answers across the board
from we'll charge you 10 percent of what we save you, so if we save
you 150 million, we'll charge you 15 million. We had people give
us a flat fee that was four times -- you know, three to four times what
the presenters have brought forth.
But their approach to helping the budget was a flat fee that
was -- pertained to every division that they were able to help, which
resulted in three to four times less than anybody else that was close to
them.
So I wanted to mention that to the Board to let you know how
we came about -- you know, how we got Chris and Ryan here in front
of us.
And with that, I'll open up the floor to any questions.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Good morning, by
the way.
MR. FABIAN: Good morning.
COMMISSIONER McDANIEL: I'm really, really happy
you're here. I really want to thank Commissioner Hall for taking the
lead and going through the process, working with our staff. I've
been watching from the side. And this is something that I long have
sought, and it's one of the reasons why I even ran to become a County
Commissioner.
It was explained to me in this -- in this analogy about Collier
County being a very, very large ship. And in our private lives, as I
like to say, in my small dictatorships that I'm in charge of when I
don't like the direction that my ship's going, I grab the wheel and
December 12, 2023
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crank it. You can't do that here. This is an extremely large ship,
and we all know that if you turn a ship too sharply, cargo containers
start spilling off the side; people start going over the rail.
And an estimate -- and I realize it's just an estimate at that this
stage -- conservatively, what's the time frame that we're looking at
here for us to procure a direction shift in how we're moving forward?
MR. FABIAN: Thank you, Commissioner.
I fully appreciate your -- how you set the context for the
question that you're asking, and I think it's -- it's very practical that
you would appreciate that it takes time to see these changes take
place.
I mentioned Washington County earlier, and they've been
implementing since 2015. They've been practicing this approach to
budgeting, and I'll use that as an example that ideally this will change
the way that you budget forever more. This will be something that
in every year that you continue to go through this work, you will
build and evolve so that eight years later you're still learning things
and considering things differently, and this process will give you the
steering wheel, to keep your analogy going, and the dashboard to
always know where something maybe isn't quite how you
anticipated, and you can analyze it and probe it and poke it.
At the same time, I do want you to have confidence that in this
day and age, we, in local government, as local government leaders
and decision-makers, don't have time to wait for eight years to see
results.
In Fort Worth, as Commissioner Hall had referenced in our
work with the city, their first effort, they needed to see resource
reallocation opportunities in their first year. When we implemented
in the City of Pittsburgh, it was in the heart of COVID running
rampant throughout local government, and they needed to have
savings identified within their first year.
December 12, 2023
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You will have options in front of you to reconsider your budget
in your first year of implementation. That has to be the case.
So I say -- I have two points: One is that change
management -- this represents a cultural shift in the way that we're
considering data, how we understand the cost of our programs and
our options. When you come up with a recommendation like
partnering or changing a service level, some of those will have
different timelines in front of you to make those changes overall, but
at the same time, we have to have real tangible results within your
first year of doing work.
COMMISSIONER McDANIEL: Thank you.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I want to start off by thanking Commissioner Hall for really
spearheading this. I think it's going to make a world of difference,
and so I wanted to just express my appreciation for that.
But I want to say to ResourceX that you do have five
commissioners that are fully supportive of making this work, and so I
know our staff will be committed to it. And I'm also kind of saying
this to our staff, that all five of us want to make sure that this process
works and results in some reorganization and some savings
potentially, but more important, necessarily, than savings is
reallocation to make sure that whatever resources we have, we're
spending them most appropriately.
So, again, Commissioner Hall, thank you for your leadership on
this.
COMMISSIONER McDANIEL: Absolutely.
MR. FABIAN: Thank you.
CHAIRMAN LoCASTRO: Do we have any questions from the
County Manager's staff at all?
MS. PATTERSON: No, sir.
December 12, 2023
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CHAIRMAN LoCASTRO: Okay. I think that's about it.
We've got to get to work.
MR. FABIAN: Thank you very much.
CHAIRMAN LoCASTRO: And, you know, not only are we
committed, but we have to -- we have to think differently. So I think
you're going to bring a lot of that to the table here, and so, you know,
we look for your expertise to partner with us, and, you know, turn
over some rocks, and, you know, blow some dust away, because, you
know, this isn't -- this isn't the 1970s county, you know, that it was
way back when, and so we realize that, and we've charged ourselves
with this challenge as well and made some difficult decisions on the
budget that we felt very comfortable with because we know that
there's going to be some success -- big success that comes out of this
and balances things much better and runs us much more efficiently,
like Commissioner Saunders says, and make sure that we're spending
the taxpayer dollars in the right spots and at the right amounts. So it
sounds like you've done this for some others, so let's get to it.
MR. FABIAN: Let's get to it. Thank you.
CHAIRMAN LoCASTRO: Ready to make a motion to accept
the proposal?
MS. PATTERSON: Yes. So if we could just position this
really quickly so you-all know what the next steps will be. So we're
looking for your direction to move forward. We would now work
with ResourceX to finalize the scope-of-services proposal and fees,
which we would then bring back to the Board of County
Commissioners for your approval.
We've been advised by the County Attorney as to the extent of
my authority under the procurement ordinance. This is going to
require an additional action by the Board to execute a contract with
ResourceX. But now what we'll do is work together with them to be
sure that our scope is correct, that we know kind of the order we're
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starting in, and it will be reflected in what we bring back to you in
January.
CHAIRMAN LoCASTRO: So is our motion now to pursue
solidifying a contract with ResourceX?
MS. PATTERSON: Yep. You would be directing the County
Manager and the County Attorney to work on that proposal, scope,
and then bring the contract back to the Board.
CHAIRMAN LoCASTRO: Okay. Well, it's only appropriate
that Commissioner Hall make that motion.
COMMISSIONER HALL: I make the motion to move forward
with county staff.
CHAIRMAN LoCASTRO: And I'll second it.
So we've got a motion from Commissioner Hall, a second from
Commissioner LoCastro to move forward with the contract. All in
favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously. Let's get
to work.
(Applause.)
MS. PATTERSON: Thank you.
COMMISSIONER HALL: Good job, Brian.
CHAIRMAN LoCASTRO: County Manager, what -- you
know, as I'm just sitting here, we have a time-certain at 1. I want to
at least have a one-hour lunch break because we all have
some -- actually some work to do during lunch. So what can we
December 12, 2023
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squeeze in between now and breaking at noon?
Item #9A
ORDINANCE 2023-67: AN AMENDMENT TO THE COLLIER
COUNTY CITIZEN CORPS ORDINANCE, IN ORDER TO ADD A
MEMBERSHIP CATEGORY FOR THE UNITED WAY, REMOVE
CIVIL AIR PATROL AND REPLACE WITH COLLIER READY -
COMMUNITY ORGANIZATIONS ACTIVE IN DISASTER
(COAD), AND REVISE QUORUM REQUIREMENTS. (THIS IS A
COMPANION TO ITEM #16K1) (ALL DISTRICTS) - MOTION
TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED
BY COMMISSIONER MCDANIEL – ADOPTED
MS. PATTERSON: Yes, sir. So next up would be Item 9A.
I don't believe you'll have -- even if you have a little discussion on
that, there's probably not a tremendous amount.
This is a recommendation to adopt an amendment to the Collier
County Citizens Corps ordinance in order to add a membership
category for the United Way, remove Civil Air Patrol, and replace
with Collier Ready - Community Organizations Active in Disaster,
and revise the quorum requirements.
This is a companion item to 16K1, which was approved on the
consent agenda, and Mr. Dan Summers was here -- oh, here he
is -- and he is here to answer any questions.
CHAIRMAN LoCASTRO: Commissioner Saunders, you're lit
up.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a
motion to approve that. We had a full discussion of that when it was
first presented.
COMMISSIONER McDANIEL: Second.
December 12, 2023
Page 92
CHAIRMAN LoCASTRO: Okay. I've got a motion to
approve from Commissioner Saunders, a second from Commissioner
McDaniel.
All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Item #11B
AWARD INVITATION TO BID (“ITB”) NO. 23-8096, “PELICAN
BAY NEW MAINTENANCE FACILITY” TO HEATHERWOOD
CONSTRUCTION COMPANY IN THE AMOUNT OF $5,340,571,
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
CONSTRUCTION SERVICES AGREEMENT, AND APPROVE
THE NECESSARY BUDGET AMENDMENT. (ED FINN, DEPUTY
COUNTY MANAGER) (ALL DISTRICTS) - MOTION TO
APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL – APPROVED
MS. PATTERSON: Commissioners, if you'd like to jump
around a little bit, we could take Item 11B. This is an item that's on
the agenda simply because of the dollar amount and probably for
really no other reason.
This is a recommendation to award Invitation To Bid
No. 23-8096, Pelican Bay new maintenance facility to Heatherwood
December 12, 2023
Page 93
Construction Company in the amount of $5,340,571, authorize the
Chairman to sign the attached construction services agreement, and
approve the necessary budget amendments.
And Mr. Finn and representatives from Pelican Bay are here to
answer any questions, should you have any.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Again, I'll make a motion to
approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN LoCASTRO: Okay. I've got a motion to
approve from Commissioner Saunders, a second from Commissioner
McDaniel. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
That was 11B.
MR. COLEMAN: Thank you, Commissioners.
COMMISSIONER HALL: Thank you, Chad.
CHAIRMAN LoCASTRO: I don't want anybody in the
audience to think that we're speeding, but we've taken these
presentations prior to this meeting, so this is just the official approval
of them.
MS. PATTERSON: The remaining items, Commissioners, we
have 9B and 9C. Those are definitely going to take a little bit of
time. That's the storage facility items. We do have the AUIR, but it
has a companion item, which is the surtax. Again, I believe those
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are going to require a little bit more of a detailed presentation. If
you'd like, we could -- I don't believe we have -- do we have any
speakers on 9F, Troy?
MR. MILLER: We do not.
Item #9F
ORDINANCE 2023-71: AN ORDINANCE WHICH WOULD
CREATE THE UNPAVED PRIVATE ROAD EMERGENCY
REPAIR MUNICIPAL SERVICE TAXING UNIT BY
AUTHORIZING A LEVY OF NOT TO EXCEED ONE (1.0000)
MIL OF AD VALOREM TAXES PER YEAR. (ALL DISTRICTS) -
MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER SAUNDERS – ADOPTED
MS. PATTERSON: If you'd like, we could take 9F. This is a
recommendation to approve an ordinance which would create the
unpaved private road emergency repair municipal service taxing unit
by authorizing a levy not to exceed one mill of ad valorem taxes per
year.
This item was brought to the agenda by Commissioner
McDaniel. And Trinity Scott here -- is here to answer any questions.
I know we did have a discussion on this at the last Board meeting
with the permission to advertise. This may be a good one to take
before lunch.
CHAIRMAN LoCASTRO: Okay. Ms. Scott.
MS. SCOTT: Hold on just one moment. Commissioners,
we're here today -- we've talked about this multiple times over the
past year with regard to --
COMMISSIONER McDANIEL: Years.
MS. SCOTT: -- our unpaved roads. And by the way, for the
December 12, 2023
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record, Trinity Scott, department head for Transportation
Management Services.
A few months back, following a discussion, the Board asked the
team to go out and assess approximately 120 miles of private
unpaved roadways so we could ascertain what level of improvements
were necessary on those roadways to make them passable for
emergency vehicles.
Prior to -- after that direction, we had a meeting to discuss the
proposed process and required roadway evaluation with our
emergency responders, and then the team set out to actually drive all
120 miles of roads.
We had some spirited conversations with the Clerk of Courts
where we were talking with her about the program, and then,
ultimately, this came to a permission to advertise an ordinance that
was approved at your last board meeting on consent.
The results of the evaluation were 25 individual roadways
encompassing just over 13 miles, impacting -- 625 properties were
deemed impassable.
The current taxable value for those properties is approximately
$61 million, and 1 mill would generate just over $61,000 a year.
The estimated average cost per mile is $12,000 to bring these roads to
a passable condition.
That was a list of the roadways, understanding that that is very
small. This is a map of the county. It identifies where those
roadways are located around the county. You see several in the
Immokalee area, a few off of U.S. 41, and just a few in the Golden
Gate Estates area as well.
So our recommendation today is to approve an ordinance
creating the unpaved road -- private road emergency repair MSTU
only for those roadways that were evaluated by the team and
identified as needing immediate repairs, understanding there is no
December 12, 2023
Page 96
opt-out clause for this, and this is a one-time repair to bring these
roadways to a passable condition.
This is consistent with a resolution passed by the Board in 2015
which establishes procedures relating to emergency repairs of private
roads. And if approved, the earliest funds can be levied is FY '25 or
the 2024 tax year, and the Board will establish final millage rates
during their upcoming budget process and hearings.
And I have -- will answer any questions that you may have.
CHAIRMAN LoCASTRO: Commissioner McDaniel, do you
have anything to add, sir?
COMMISSIONER McDANIEL: I think that this has -- this has
come a long way, and I'm really, really pleased to see this. We've
tried -- I've tried for years and years and years knowing that there was
an enormous amount of private roads, a lot of which -- actually, per
this, about 14 miles are virtually impassable. I think I saw a picture
in one of the previous presentations with an entire car sitting in a hole
for -- that folks needed to traverse to be able to get in and out:
Emergency services, trash removal, so on and forth, schools and the
like.
So this is a very nice start. We can no longer look the other
way and allow these circumstances, because one of our -- one of our
primary jobs is health, safety, and welfare of our community, and it
hasn't been accomplished in the old path. This is something that has
been done in the past, and I'm pleased to make a motion for its
approval.
CHAIRMAN LoCASTRO: Okay. I've got a motion for
approval. Do I have a second?
COMMISSIONER SAUNDERS: Second.
CHAIRMAN LoCASTRO: Second by -- motion for approval
by Commissioner McDaniel, a second by Commissioner Saunders.
All in favor?
December 12, 2023
Page 97
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Anything else you want to -- let's take lunch and come back at 1
o'clock.
MS. PATTERSON: Thank you.
CHAIRMAN LoCASTRO: Thank you.
(A luncheon recess was had from 11:54 a.m. to 1:00 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Okay. We're back at 1 p.m. If
we could have everybody take their seats, we'll go ahead and get
started.
So we have a time-certain 1 p.m. It's 10B. County Manager.
Item #10B
DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND
BRING BACK TO THE BOARD AN ORDINANCE THAT WILL
IMPLEMENT A TWELVE-MONTH MORATORIUM ON
PRIVATELY-INITIATED GROWTH MANAGEMENT PLAN
AMENDMENT APPLICATIONS FOR PROPERTIES LOCATED
ADJACENT TO (1) IMMOKALEE ROAD FROM I-75 EAST TO
OIL WELL ROAD, AND (2) VANDERBILT BEACH ROAD FROM
I-75 EAST TO ITS END, WHILE GROWTH MANAGEMENT
PLAN AMENDMENTS ARE VETTED WITH THE PUBLIC AND
ADVISORY BOARDS. (ALL DISTRICTS) - MOTION TO DIRECT
December 12, 2023
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THE COUNTY ATTORNEY TO ADVERTISE FOR A PUBLIC
HEARING DURING A 5 P.M. HEARING AT THE JANUARY 23,
2024, ON TRAFFIC ISSUES ON IMMOKALEE & VANDERBILT
ROADS BY COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER KOWAL – APPROVED (COMMISSIONER
MCDANIEL AND COMMISSIONER HALL OPPOSED)
MS. PATTERSON: Yes, sir. Item 10B is advertisement for a
12-month moratorium on privately initiated Growth Management
Plan amendment applications for properties located adjacent to, one,
Immokalee Road from I-75 east to Oil Well Road and, two,
Vanderbilt Beach Road from I-75 east to its end, while Growth
Management Plan amendments are vetted with the public and
advisory boards.
This item is brought to the agenda by Commissioner Saunders.
CHAIRMAN LoCASTRO: Commissioner Saunders, you have
the floor, sir.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I don't think this will take a lot of time, but I want to kind of
explain why I've brought this up and what my goal is here.
I don't think any of us on this board like to impose moratoriums.
They are pretty serious items, and there has to be a good reason to do
it. And so what I've decided to ask the Board is to advertise for a
public hearing an ordinance to impose a very narrow moratorium on
Comprehensive Plan changes and zoning changes on the two
roadway segments that were just described.
Let me talk about Immokalee Road for a second. When I first
ran for the County Commission, one of my goals was to protect
neighborhoods. And this morning we had a project, the golf course
at the Golden Gate Golf Course. One of my commitments to that
community was to try to make improvements in that area to improve
December 12, 2023
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the quality of life of all of those residents. And this Commission has
done an awful lot in that community: buying the water and sewer
system, going forward with this golf course. Those types of things
are incredibly important to the people living in that four-square-mile
area.
Well, now we're talking about two roadways. And if you take a
look at Immokalee Road, that road -- we are absolutely killing that
road, and some folks on that roadway will tell you it's already to a
point where it's just almost impossible to get in and out of
communities.
The number-one problem that I hear from constituents is traffic,
and the number-one and number-two hot spots for that traffic, those
two hot spots are Immokalee Road, in particular, and Vanderbilt
Beach Road.
And so what I'm trying to do is put the brakes on projects that
are -- for properties that are connected to those two roadways out east
of I-75. And the reason for that is that -- you know, we'll take the
Ascend project that we just approved. A couple hundred units. It
doesn't sound like a whole lot. The road trips, there's capacity,
theoretically, on that road for those trips the way it's calculated, but
we're creating hundreds of U-turn motions during busy hours on that
road, and all of these projects are doing the same thing.
And, you know, we've all been -- we've all witnessed what
happens when you get U-turn movements and there's not enough time
for cars to make those U-turn motions; they back up and they create
traffic problems.
And what I'd like to see us do is simply say to the developer
world and to the investors that on these two roadways, we're going to
take a break, we're going to spend a year trying to determine how
best to handle transportation and new development on those
roadways.
December 12, 2023
Page 100
But there's another reason for this. On all of these projects,
developers have realized what the magic sauce is here to get these
projects approved. We have a Comprehensive Plan that prohibits
those projects. These are in Urban Estates areas or rural
urban -- Urban Estates areas and some in the Rural Estates areas.
They're zoned for residential, and the Comprehensive Plan protects
that residential property. But what the developers have figured out
is all they have to do is do a site-specific Comprehensive Plan
land-use change, and all of a sudden they get the zoning, and they're
doing this over and over again.
I understand that there are actually two more projects on
Immokalee Road, the same thing where developers have come in,
bought residential lots. They're asking for a Comp Plan change so
they can change the zoning. And what we're doing is we're ruining
neighborhoods.
And so I'd like to ask the Board to -- we're not talking about
imposing a moratorium today. I'm talking about let's have a public
hearing so that the public can advise us as to what they think is in the
best interest of the county.
Now, I know we're going to have a lot of controversy, a lot of
developers, contractors, folks like that that don't want to see a
moratorium anywhere, and I understand that, because that's how they
make their living, but we also have to recognize the rights of folks
that are in established neighborhoods along those roadways.
So that's my ask of the Board, not to impose a moratorium, not
even to take a position on a moratorium, but simply to schedule a
public hearing so we can address the issue.
Mr. Chairman, I will be making a motion to that effect. I know
there's some public speakers, and I'm sure there's some questions
from the Commission.
CHAIRMAN LoCASTRO: Let's go with public comment first.
December 12, 2023
Page 101
Mr. Miller, how many do we have?
MR. MILLER: Mr. Chair, we have three registered speakers
for this item. Your first speaker is Rae Ann Burton. She'll be
followed by Kathy Curatolo.
MS. BURTON: Good afternoon, Commissioners. It's me
again.
I want to talk about the 10B, Board of County Commissioners,
B27434. It's been a long time coming, and it needs to be approved.
Development needs to be done with concerns and respect for the
existing wildlife and the impacted homeowners. There's been much
disagreement from the impacted homeowners that have long been
ignored for the greed of the developers.
Developers have promised affordable housing, wildlife corridors
after they build out to get approval to decrease boundaries and
increase housing density. All promises? Or was it just one of the
options?
Unless it is cut in stone at the first BCC meeting, it may not be
in the final meeting for approval. Result is traffic congestion up to
an hour on Immokalee from Collier to Oil Well, even both directions,
and severe accidents as well.
It seems that every increase in a road is followed by developers
pouncing to build more dense communities, and now it's commercial
areas with storage units. Both are not compatible with rural area and
will increase traffic.
This ordinance will implement a 12-month moratorium -- sorry
if I pronounce it wrong -- on properties located adjacent to
Immokalee Road from I-75 to Oil Well and the new Vanderbilt
Beach connection from I-75 east to Ascend. This needed -- this is
needed to get the growth compatible to the area for traffic and
homeowner concerns.
Please vote yes on this. Thank you, Rae Ann Burton of Golden
December 12, 2023
Page 102
Gate Estates, Rural Golden Gate Estates.
MR. MILLER: Your next speaker is Kathy Curatolo. She'll
be followed by Mary Tatigian.
MS. CURATOLO: Good afternoon, Commissioners. I'm
Kathy Curatolo. I am the consulting legislative liaison for the
Collier Building Industry Association.
I represent folks, builders, architects, plumbers, electricians; all
people who live and work in this great community of ours here in
Collier County.
A moratorium, absolutely not. It is not the answer. I do
appreciate, Commissioner Saunders, to take a look at the pros and
cons, the data-driven information, perhaps get creative about how we
can, in fact, accept building and construction and be creative,
particularly in the residential arena where we need affordable housing
in this community. The only way to do that is really to consider
creatively how effectively we can provide opportunities for the
workers within our community.
I would also request that you take a look at SB250, because I'm
not so sure that any kind of a moratorium could be imposed because
of this state law. Again, we are members of this community. We
appreciate that there are issues in traffic. But if we all work together
effectively through facilitation, I think, possibly, we can support the
working people in the construction industry and the needs of our
community as a whole.
I appreciate your leadership and your service to our community,
and thank you for the opportunity for allowing me to speak today.
MR. MILLER: Your final speaker on this item is Mary
Tatigian.
MS. TATIGIAN: Good afternoon. Good afternoon,
Commissioners. I didn't prepare anything, so I'll speak from the
heart.
December 12, 2023
Page 103
My name is Mary Tatigian, president and founder of Quiet
Florida; so we all know each other.
And thank you, Commissioner Saunders, for bringing the idea of
the moratorium forward. The way I understand it, part of the
commissioners' job is to protect the quality of life of residents. Well,
I know thousands of us -- thousands of us, our quality of life has done
a 180.
So I'm asking you to vote yes towards the moratorium because,
you know, our -- our rights matter, too. I understand people need to
work. I'm a capitalist. I understand people have to work, but we
have to live. When I sit in my home, I listen to traffic, which I never
heard before three years ago until all this growth explosion. So I'm
just asking you to think about us before we build any more.
Crime rate has gone up. Fatalities have gone up on our roads
up -- last year was 50 percent. People are dying. I just don't know
who's responsible for that. I know that sounds sort of drastic, but as
a registered nurse of 30 years, our fellow citizens, our tourists are
dying on our roads because they're so congested.
On Immokalee last Friday, there was a four-hour delay; four
hours. I'm so glad I wasn't stuck in that, but it's horrific. It's -- our
quality of life, like I said, has done a 180. This isn't what I looked
forward to for retirement.
And I've paid taxes for almost 40 years, like a lot of our
residents have, and I don't recall anybody asking me or asking any of
us, do you like all this growth? Do you like it? Is this good for
you? Because it's not.
So, yes, please consider the residents of Florida. And I know
you have a hard job. I sent you all an email last week, and I know
it's not easy that you have to balance all this. And I respect you, and
I appreciate everything you've done for us, but the last three years has
basically been a nightmare for a lot of us.
December 12, 2023
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Thank you very much.
MR. MILLER: That's it.
(Applause.)
CHAIRMAN LoCASTRO: Any comment from any of the
commissioners? I don't have anybody lit up.
I don't know if it's Mr. French -- or I don't see Mr. Bosi here.
You know, I had in my notes --
COMMISSIONER HALL: He's right there.
CHAIRMAN LoCASTRO: What's that?
COMMISSIONER McDANIEL: Bosi's right there.
CHAIRMAN LoCASTRO: Bosi's hiding in the back?
We spoke a little bit in my office, but, you know, for the record
and maybe just to do a little deeper dive, I had in my notes Senate
Bill 250, and I just want to separate rumor from fact for everybody in
the room because I got a few emails from some people that said the
same thing; you know, you can't do this because -- and I'm not an
expert on Senate Bill 250. I know what it is, and we talked about it
in my office. But let's do a little bit of a deeper dive.
But also I'll preface this by saying, Commissioner Saunders has
made it very clear he's not asking us to approve a 12-month
moratorium. He's asking to explore the conversation, and it would
go through a series of steps. And in the end, it may or may not
happen, but it's more of an exploration.
But can you give us the short or medium version, Senate Bill
250? What does it do and what doesn't it do? And is this affected
at all by it if this went forward in this manner?
MR. BOSI: Mike Bosi, Planning and Zoning director.
One of the things: I do want to provide a clarification. I'm the
interpreter of the zoning code. State statutes are a little bit beyond
my pay grade. We traditionally will defer to the County Attorney's
Office in terms of how state statutes will affect any individual action
December 12, 2023
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that's taken by this government.
From my understanding, what the statutes -- or the statutes say is
you can't adopt any development regulations that are more onerous
than what was on the books prior to landfall of Hurricane Ian. We
were obviously within that 100 -- that 100-mile distance.
So in that regard, we've restrained ourselves from adopting any
further Land Development Code regulations that would be more
stringent, clearly, within that boundary. What you're dealing with
here is a temporary moratorium on a Growth Management Plan
amendment. Amending your Growth Management Plan has always
been described as legislative. So in that regard, I think maybe there
has a -- it has a different status. But, like I said, I traditionally will
defer to the County Attorney's Office, that what was being suggested
could be defended by his office.
CHAIRMAN LoCASTRO: Mr. Klatzkow, do you have
anything to add, sir?
MR. KLATZKOW: This county never reduces people's
property rights. What we do is expand people's property rights. So
if there's going to be a moratorium, it's not going to be for the
purpose of shutting down development. It's going to be for purpose
of, I suppose, trying to rationalize what it is we should be doing.
COMMISSIONER SAUNDERS: Mr. Chairman --
CHAIRMAN LoCASTRO: Yes, sir.
COMMISSIONER SAUNDERS: -- I did explore that because,
obviously, Senate Bill 250 is significant. And as the County
Attorney has indicated, this is not restricting anyone's use of their
property. They can still build whatever the current zoning is. It's
just simply saying we're not going to entertain comprehensive
land-use changes for the next 12 months. That's not a restriction that
would be covered by that legislation.
If we were saying that on your residential property you now
December 12, 2023
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have to have a setback of 200 feet instead of 150 feet, that would be
the type of regulation that would be prohibited by Senate Bill 250.
So Mr. Klatzkow and I did have some conversations, but I
think -- Mr. Klatzkow, if I'm not mistaken, I think what you're saying
is that this type of moratorium would not be in violation of that
legislation.
MR. KLATZKOW: No, it would not be.
COMMISSIONER SAUNDERS: Okay.
CHAIRMAN LoCASTRO: I've got everybody lit up here, so
I'll go in order. Commissioner Saunders lit up, but he just spoke.
Did you have anything else?
COMMISSIONER SAUNDERS: No, I just wanted to --
CHAIRMAN LoCASTRO: Commissioner McDaniel and then
Commissioner Hall.
COMMISSIONER McDANIEL: Well, just in brief. I don't
think a moratorium or even a hearing for a moratorium is requisite
right now. We all know there's growth. We all know that there's
congestion on our roads. We all deal with it every day. I spend an
enormous amount of time on our roads.
I think that the budgetary priorities that we're, in fact, putting in
place, the discussions we're about to have with regard to the
management of how we're prioritizing the expenditure of our
taxpayers' money is going to ultimately bring forward infrastructure
that's requisite for the people that we already have.
It's been the impetus of previous leadership forever, or for quite
some time anyway, to forestall direly needed necessary capital
projects to support the population that we, in fact, already have.
And a moratorium is -- in my mind's eye, it's poor governance.
It's not something that's requisite. I think we have the processes in
place now to manage the growth and not take away the right of a
property owner to ask for a change. We're not bequeathing that
December 12, 2023
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right. They have that right currently and should continue to have
that right and ask for consideration.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: Thanks, Chair.
I guess my question is: What would a moratorium do to solve
the problems that we have right now? It's the public assumption that
if we -- if we implemented a 12-month moratorium on asking for a
rezone, that that's going to solve traffic, and the truth is it's three
years out before you see any traffic improvement from that.
I understand -- I understand the rationale for, you know, putting
on a 12-month hold just to ask, but there's another assumption that
says that this board is going to rubber stamp anything that comes
along, and that's simply not true. There's a project coming up that
I'm not going to support because the density's too high, just like I
didn't support Orange Blossom on that affordable housing project.
The density was too high.
So, you know, it's those assumptions -- whether I say I'm
agreeing with it or whether I don't agree with it, those are the
questions that come up in my mind.
The moratorium doesn't change anything. It doesn't solve any
problems. It's just a mere feel-good policy in my mind to make the
public think that we're changing traffic right now, which is not true at
all. And the traffic is the traffic, and the traffic will be the traffic.
If we approved everything -- if we approved everything, it would still
be three years out before you see any change in any additional traffic
because it takes a year to plan; it takes two years to build. So it
doesn't change anything.
I'm not saying that I want to protect rights or take away rights.
I'm just bringing these questions up publicly because those
assumptions are huge, and they're simply not true.
I read all the emails that I get, and the assumptions -- and I'm
December 12, 2023
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saying that because of the assumptions in those emails from probably
250 people so far.
You know, you hear developers, developers, developers. We're
not here to support developers. We're here to support public good.
And if a project doesn't present public good, I'm not going to be a
part of it. That's part of the balancing act that was mentioned by
Ms. -- by Mary.
And so it's not that there's -- you know, we've got HB250.
We've got the Affordable Housing Act that says that by right people
can do what they want to do in commercial zoned areas. We have
the four initiatives that we passed earlier this year that says in the
traffic -- you know, in the -- that we can increase density here and
increase density there and along traffic routes and along transit
routes. So those are already in place; they don't need our approval.
And I just want you to know if this passes, I'm fine with it. I
don't have any problem with it. I just want to bring up questions
because the fact that if it is approved, I want the public to know it's
not going to solve anything. You still have the traffic. You still
have the congestion. You still have the issues that you're hoping that
this is going to solve, and it's just -- and the truth of it is is it's not.
So if it passes, great. We're all -- we're all heroes in your mind,
and if it doesn't pass this, we're all chumps in your mind. But we're
not chumps, because it doesn't change anything. I just want to make
that very clear.
CHAIRMAN LoCASTRO: I don't think we have anything else
for you-all but, Commissioner Saunders, sir.
COMMISSIONER SAUNDERS: Thank you.
Well, actually Mr. Bosi, I did have one question, because we've
heard a lot of land-use petitions that have been presented to the
Board. My question doesn't deal with ones that have been
withdrawn but just what we've voted on.
December 12, 2023
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In the last year, how many land-use changes have we voted
against from this board, just if you recall?
MR. BOSI: Mike Bosi, Planning and Zoning director.
Over the past year, I don't -- I can't recall one specific one that
we've denied. I will add, though -- I will add that the majority of our
Growth Management Plan amendments that have come forward have
all contained, when they're asking -- because there's a policy that this
board has developed. If you're asking for additional density beyond
what the Growth Management Plan would allow for, there's a
tradeoff in a percentage of affordable housing that's going to be
provided for, and I think that aspect of providing for the affordable
housing has led to the approvals of these -- ultimately, these GMP
amendments.
COMMISSIONER SAUNDERS: I appreciate the elaboration
there, but I was just asking how many have been denied, and the
answer is none that we can think of.
Now, what this does do -- and I've spoken to hundreds of people
in the last couple of weeks. No one really thinks that this is going to
eliminate traffic on any roads by doing this. That's -- there may be
some folks that have emailed that have said that, but I can tell you
that folks out there understand that by doing something like this, that
doesn't change anything that's on the ground right now, but what it
does do, and I think it's important, is it sends a message to the public
that we are listening, that we are concerned, and that we're going to
consider some steps.
In this case I'm asking that the Board advertise this for
consideration. It doesn't mean it's going to pass, but I think it sends
a message that we're willing to listen and try some things to get a
handle on not existing traffic but adding more traffic to the problem.
And so, Mr. Chairman, I'm going to make a motion to move this
forward, ask the County Attorney to advertise it for a public hearing,
December 12, 2023
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and let's hear from the public.
CHAIRMAN LoCASTRO: We still have some more questions
here. Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
I mean, most people know me. I believe in people's rights, and
I'm not a big fan of denying anybody the opportunity to ask. You
know, that's our job up here to, you know, weed it out, our staff, and
make sure it fits or doesn't fit our community or our needs of our
community.
Like Commissioner Hall has preferenced [sic], you know, we all
voted 5-0 to move that initiative forward with our, you know, transit
lines to change the density in these areas to help with
affordable/workforce housing because I think we've had a problem
for 15, 16 years, and we weren't addressing it. And now we're
behind the eight ball, and this board now has to do something.
We had 5-, 600 people packed into a church demanding we do
something with workforce housing because the lack of the people to
support the way of life of everybody in this room's used to. So this
is a very fine, delicate balancing act.
And when you diminish the developers -- which we all live in
homes that some developer took the chance to build or invested their
own money to do it, you know, we all benefited from that.
Everybody in this room.
You know, you've got to understand, they pay the impact fees.
And we have a traffic problem now. And if you diminish the impact
fees coming in the future, that makes it that much more harder to
catch up on how far behind we are already now with our traffic issues
we have on these two major roads, not alone talking about Golden
Gate Boulevard, which I think is the worst of the two at times, or the
three. So, you know, I think that's what's so important.
Now, I don't have a problem with listening and putting it out
December 12, 2023
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there, but I think language in this particular moratorium is the most
crucial portion, because when you have people that have the
right -- they already own their property, they have a right to ask, just
like anybody else has a right to ask of us, their government. So I just
wanted to let you know how I feel about this.
Thank you.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. And, you know,
this -- a lot of this is -- at least I feel, personally -- you know, we had
a project not too awful long -- a couple months ago, the one on
Vanderbilt Beach Drive [sic] right across from Island Walk, it
was -- it was -- you know, that was a really, really difficult project.
And I know, Commissioner Saunders, you voted against it, and,
necessarily -- and I understood your reasons why.
I didn't support the project because the residential request was
all that great. What I -- the reason I supported the project was the
community benefit that came along with a development that was
being asked for. That property -- all of Golden Gate Estates has an
underlying use right for a school. And we were all really happy this
past spring when the legislation got passed to allow for school choice,
and the voucher system was put in place to let your child
go -- necessarily, to let the money follow the child.
We're at the tip of the iceberg with the explosion of these charter
schools that are popping up right now already, and the current model
is K through 12 all in one pile, all in one particular location. I
foresee on -- and those require a fairly significant footprint for that to
be accomplished, K through 12 all in one.
I see elementary schools popping up singularly, which -- middle
schools, high school individually which can be accomplished on
smaller footprints and are by right approved with a Site Development
Plan. No side-yard setbacks. Little, if any, correspondence with
December 12, 2023
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our traffic department with regard to ingress and egress.
We were able, on that site, to enhance side-yard setbacks, got a
fire hydrant put in for the community and the folks that live down on
that first street south off of Vanderbilt and, yes, there was an increase
in traffic from the perceived seven-unit single-family homes that
could be there to the -- however many it was that we actually
approved, but certainly the impactfulness of the development that we
approved was significantly less than the by-right that the property
owner had to put a charter school with 1,000 kids and 2,000 trips in
the morning in and out to deliver the child, 2,000 trips in the
afternoon to pick the children up. That was the impetus for me to
support the request that that property owner brought forward.
It was, I think Commissioner LoCastro, he says it far too often,
is I hated it less than the underlying uses that that property owner, in
fact, had the rights for.
So I understand why. I just don't see the need for us to take the
time to go through the process to have a hearing on a moratorium
when we already have -- when we already have processes in place
that will redirect how we're going to be satisfying the needs and the
quality of life of the residents that we, in fact, already have. That's
the priority that I look for us to do going forward with the budgetary
maneuvers and the re-prioritization of how we're expending the
taxpayers' money.
CHAIRMAN LoCASTRO: Did you want to comment? I have
some questions, but --
COMMISSIONER SAUNDERS: Oh, no. Go ahead. I'll wait
until you're finished.
CHAIRMAN LoCASTRO: Okay. So I wrote down a few
things here. So I just want to do a little deeper dive into what you're
asking. You're asking for a hearing to discuss this possible
moratorium and see if there's an appetite out there to do this, correct?
December 12, 2023
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Let me take this in smaller chunks. That's correct, right?
COMMISSIONER SAUNDERS: That's correct, yes.
CHAIRMAN LoCASTRO: The one thing Commissioner
Saunders did say that I fully agree with is he says -- and I'm
paraphrasing a little bit -- but there usually isn't an appetite up here
by commissioners to impose moratoriums across the board, and the
reason I know this is because I raised something earlier this year, and
I didn't use the word "moratorium" because I knew it was a four-letter
word. But I wanted to take a pause on storage units for just a few
months in my district, and I couldn't even get a second, you know, to
the motion.
And I'm not saying that's apples to apples. It's not like it would
have done something exponentially different, and it was probably 10
years too late because we can't unbuild, you know, all the storage
units that are on U.S. 41 where there could be maybe a better
collection of resources for the citizens of my district. But having
said that, you know, the moratorium's a strong word.
But the next step here -- let's say we approve this. So I want to
understand what we would be approving or disapproving -- would be
a hearing that would involve citizens, builders, everybody to come,
and there would be some sort of discussion. Because initially I
wasn't reading this. It was -- I was jumping to the end and making
it -- and it was making it sound like we're asking the County Attorney
to draw up the ordinance with all the right kind of language, and then
we would vote on it, and then, boom, it would be approved, and
there'd be a 12-month moratorium.
But what I'm hearing is there's a middle step which would be
public comment, which would be -- explain it to me so I understand
what I'm voting for or against.
COMMISSIONER SAUNDERS: Yeah. The ask will be for
the Board to just direct the County Attorney to advertise an ordinance
December 12, 2023
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for a public hearing. The ordinance is very simple. But that would
give us an opportunity to hear from the public as to whether this
would be something that they would want. That would give us an
opportunity to evaluate the impacts of it.
It would not -- by voting to move this forward to a public
hearing does not necessarily state that you're supportive of it. It just
simply says you're supportive of letting the public come here and
express their will.
CHAIRMAN LoCASTRO: So I'm supportive of that, but what
I think is in the verbiage here, I think we're speeding. I think the
public hearing would allow the public, the electricians, the builders,
everybody to come together and then bring us back options. By
saying in here a 12-month moratorium, who decided 12 months? I
mean, there might be a hearing and a whole bunch --
COMMISSIONER McDANIEL: That's the law.
CHAIRMAN LoCASTRO: I'm sorry?
COMMISSIONER McDANIEL: That's law.
CHAIRMAN LoCASTRO: Okay. But I mean -- but the
hearing -- could -- so this is my question: Could the hearing bring us
back other options that are different than what's being asked here?
Could it be something that's softer? Less long? Less restrictive?
More restrictive? Or it's this or nothing? And so I get that it's law,
but if we're having a hearing, isn't the hearing about trying to figure
out what solutions are out there, or it's this or nothing?
COMMISSIONER SAUNDERS: Well, what I would suggest,
Mr. Chairman, that when I make the motion, I'll suggest that we
advertise this for a public hearing where we hear this proposal and
any other proposals that the Commission may have in that regard.
So that would be open to any discussion, but we would have on the
agenda an ordinance that we could vote on if we wanted to impose
the moratorium, or we could simply ask the staff to evaluate other
December 12, 2023
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alternatives that we may come up with. So this is really to get the
dialogue moving.
CHAIRMAN LoCASTRO: Yeah. I mean, one thing I try to
pride myself on is consistency in whether I agree or disagree with
something when somebody proposes something that would allow the
public to give us feedback, and it would generate discussion and, like
you said, multiple options.
I don't -- me, personally, I'd have a hard time ever voting against
that because, basically, I'm deciding for the public before they got a
chance to speak. So, you know, I don't know that I'd vote for this
moratorium just blanketly, or I don't know that I'd vote for it just
right off the top. But what you're asking for is a hearing so that we
can get some input.
And, you know, I just think if I didn't support that, I'm basically
silencing citizen input pro and con. You know, I would hope that
those builders, those electricians, those plumbers, would be very,
very involved in this hearing and speak up as well so that we could
hear from all sides.
But, you know, I'm not in the habit of silencing citizens. I like
to hear citizens speak at the podium. I like to have public hearings
and get citizen input. We're here to represent citizens.
You know, every vote we make up here isn't always agreeable to
everybody, but every vote we make is not in a vacuum, and it's with
lots of input. So before I could decide something like this, I would
want all of that valuable input and have people to be heard from both
sides.
So, yeah -- so you've answered my question. I understand it a
little bit better, because I really wanted to know what the ask was.
The language, I think, has to be very specific if we were going
to allow the County Manager -- or the County Attorney to go forward
with a public hearing. And I don't want to say the less specificity the
December 12, 2023
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better, but I don't want to be steering the hearing towards a particular
solution. You know, we'd like to do this, okay?
It should -- but like you said, I don't know legally what we're
allowed to do. But this just seemed like it had such specificity that it
was like we want you to say yes or no to this. And like you said, if
you put in there that there -- or bring other options, I think that would
be very valuable to us if we want -- if we did want to move forward
on advertising a public hearing and seeing what comes back.
Commissioner Hall and then Commissioner McDaniel.
Everybody's lit up. So, Commissioner Hall, you're first, sir.
COMMISSIONER HALL: Well, I disagree a little bit, Chair,
with the fact that we're choking off the public. We are not. The
fact that we're all sitting up here, we represent huge numbers of the
public, huge numbers in each district. So we're not choking off
anybody's voice. I welcome any input. I'll answer any email that I
get regarding public input.
But the fact of sitting here -- we've got county business to
handle. And to go through a four-hour session in here and 70 or 80
people say "We want you to fix traffic right now," I'm not interested
in hearing that. But I want you to know if you're -- if you're out
there listening to this meeting or you're here and you want to
convince me otherwise, I'm all ears. But I do represent people.
That's the only thing I do. These aren't my ideas. They're
constituents'. We represent people. That's the way our government
works.
But we also have government business to attend to, and I would
not be in support of a moratorium, just because it's not solving any
problems. But I can be convinced otherwise.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: I agree with Commissioner
Hall. Certainly, I have no intent of stifling the public whatsoever.
December 12, 2023
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We also have to be aware and remember that our meetings are from 9
to 5 during the week when a large population of folks that would be
impacted by this, the electricians, the carpenters, the people that build
the things that are being built around here are actually doing their job.
I would support a hearing coming forward with staff
recommendations for alternatives for how we better manage the
growth and development that we have. That could be even part of
the budgetary discussions that we, in fact, have coming up. I'd
support that.
But to come here, as Commissioner Hall said, and give
consideration to a moratorium, I can't support -- I can't support doing
that. I would rather give direction to staff today to set up a hearing,
come back with alternatives, suggestions. There has to be pluses and
minuses. We have -- we have to hear from transportation with
regard to Department of Transportation regulations as to how
congestion management is managed in other areas, other
communities, other metropolitan areas that are significantly more
impacted with regard to their transportation deficits. I would
rather -- I would rather we do something like that than give
consideration to a moratorium.
CHAIRMAN LoCASTRO: I know Commissioner Kowal's lit
up, but I think -- but, Commissioner Saunders, you lit up next. Do
you have a comment to that? I just want to keep the conversation,
like --
COMMISSIONER SAUNDERS: I was going to kind of -- I
knew Commissioner Kowal was next, so I was just going to -- that's
why I pushed my button so I'd finish after he's finished.
CHAIRMAN LoCASTRO: Okay, sir.
All right. Commissioner Kowal, you're next, sir.
COMMISSIONER KOWAL: Thank you.
You know, I received some emails in reference to this agenda
December 12, 2023
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item, and it was funny because they were either "vote yes" or "vote
no" for the moratorium today, and I think a lot of the citizens felt that
that's what we were voting on today. And to be honest with you, I
didn't realize this was just an early-on layer of what we were doing
today. I thought it was going to be a deeper dive.
But, you know, that being said, I think the citizens that already
knew about this were under the assumption we were voting on a
moratorium today, and we had three people come in and speak on it.
And one was in favor of not doing it, and two were in favor of doing
it, and I believe the one probably represented about a thousand people
in our trade industry or more.
But, you know, like I said, from my -- looking at it, I'm thinking
that people -- more people would have showed up even today to
speak on it, but, you know, I can't -- I don't have a crystal ball, you
know, to really tell you what would happen in the future. But I think
a lot of people are under the assumption that we're actually voting on
this today, and I didn't think it was a very big public showing in
reference to it. So I'm just taking that into consideration.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Well, let me kind of wrap
up. The public really didn't have a whole lot of notice on this. We
put this on the agenda last -- I guess last Monday or Tuesday, and so
with the holidays and everything, I'm not surprised that there isn't a
big showing here because, again, this was just a discussion of moving
this forward. And I thought I was pretty clear in the executive
summary that this would be to direct the County Attorney to
advertise for a public hearing to have this discussion at a future date,
because that's what the executive summary says. So I'm not sure
that the public would have been under that misunderstanding. I'm
sure some would.
But regardless of that, let me see if I can kind of wrap up
December 12, 2023
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something, because I wanted to have this dialogue and assure the
public that we understand there's a huge problem on these two
roadways, and especially Immokalee Road, and it's not going to get
better, but we have to stop the problems increasing.
So I'm going to make a motion, and I think I'm going to try to
capture what everybody said and at least move this on for a further
conversation.
The motion would be for the county to schedule a public hearing
on one of our Tuesday board meetings, but to schedule it for 5 p.m.
so that we're here on that day. We're going to be here a few hours
later, but that answers the question of people that aren't able to get
here. Have a hearing on the issue of trying to improve the situation
on Immokalee Road which may include directing the County
Attorney to advertise an ordinance for a moratorium. It may include
other things presented to us by staff, but at least we're having the
conversation. Because I can tell you, I've traveled -- all of us have
traveled down Immokalee Road during rush hours, and I know that
people in these large developments have a heck of a time getting in
and out of their properties, and it is by far the number-one reason that
people complain.
So I think if we schedule this for a 6 -- a 5 p.m. hearing, that will
probably go a couple hours, to hear the issue of a potential
moratorium, or other alternatives to deal with increased traffic on
these two roadways. That's my motion, Mr. Chairman.
CHAIRMAN LoCASTRO: Let me ask you a question. I liked
what Commissioner McDaniel had to say where he said, you know,
maybe taking a smaller bite at the apple is tasking the staff first -- and
this is just me thinking out loud, but I want to feel -- I want to feel
confident in my vote and fully understand the different options that
we have.
But if we task the staff to maybe do a much -- I know you've got
December 12, 2023
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this focused on two roads, but I sit here and think in my district and I
think, I've sat in traffic on U.S. 41 for hours. I've sat in traffic on
Collier Boulevard. So are we -- I know that this is your area so
you're zeroing in on this, but if we're really trying to do something
that's comprehensive, maybe we take a much broader approach.
And before we have 70 people come to the podium to just speak
about these two roads, would there be an interim step, similar to what
Commissioner McDaniel was saying, of having the staff take a much
broader approach where our traffic folks, our engineering folks, are
preparing us for a possible hearing but preparing us more with their
recommendations and analysis of not just these two busy roads. But,
you know, I've got busy roads in my district that aren't being talked
about here. And so I'm wondering if something more encompassing
would be more effective.
You know, with all -- with all respect to my colleagues here, I
don't look at the clock. I don't count the number of people that are at
the podium. To me, if we have to stay in here til 2 o'clock in the
morning so that citizens have a voice, that's what they elected us to
do.
So I wouldn't vote against a hearing because I thought it would
take too long or there would be too many people. And what you
hear a lot of times in emails isn't what you hear sometimes in here.
Because I agree with Commissioner Kowal, 90 percent of the emails
I got, people thought that we were voting yes or no on this. And
some of that is just miscommunication. That's the effectiveness of
the chambers.
And you don't have to have 70 people there. The one lady that
spoke on -- from the construction company and the plumbers, if they
get their act together, they don't have to come in here with 100
electricians. It can be an organization that represents that group, and
it's the same for citizens who live in Golden Gate or elsewhere.
December 12, 2023
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Sometimes when you flood the podium with 70 people, in the
end it sort of waters down the message. So we try to encourage
people to have sort of a collective voice and maybe pick one or two
speakers to sort of represent.
But to sum up, I think there was merit in what Commissioner
McDaniel had said, and I don't know if he wants to elaborate
anymore, but I like the step of utilizing our staff to have a much
broader approach before we just do an immediate jump to a hearing
at 5 p.m. on just these two particular roads with our staff not having
done any kind of major interim step.
What's your thoughts on that, Commissioner Saunders or
Commissioner McDaniel, if you wanted to clarify more of what you
said.
COMMISSIONER SAUNDERS: Okay. In terms of what I'm
asking for, I realize that it is a very small, discrete area, and I think it
makes it a heck of a lot easier for our staff to focus on two roadways
and come back in a couple of weeks -- or three or four weeks when
we have our next meeting with some ideas. But if we open this up
countywide, all that's doing is kind of killing it because that is a huge,
huge task.
So my motion is to have this hearing, to have staff evaluate
other potential possibilities for solving problems going forward on
those two roadways. If we're able to solve the problems there with
some things that the staff come up with or with a moratorium,
whatever it is, then we can use that as a blueprint for other areas.
But to open it up countywide --
CHAIRMAN LoCASTRO: Okay. Would you revise your
motion, though, to direct the staff to do something first before we
announce the hearing? I mean, I know that this jumped to sort of the
final step, and this may be a step that happens sort of next, but I feel
like there's a step in the middle that we're sort of jumping over, and
December 12, 2023
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we're not -- we're not getting the input from the staff to analyze this.
I don't know. County Manager, what --
MS. PATTERSON: Commissioners, you're about to hear the
AUIR, which is what we do every year to analyze the entire road
network. So I think Commissioner Saunders is focused on these two
roads, as he has now narrowed his focus to that. If you have
questions about the rest of the transportation network, Trinity Scott
will be prepared to discuss that in the AUIR as we do every single
year.
COMMISSIONER SAUNDERS: Well, it takes three votes to
do anything, and I know there aren't three votes at this point in time
to impose a moratorium. I think there may be two and a quarter, but
there were -- one and a half maybe, but not three, so we need three.
CHAIRMAN LoCASTRO: Well, we wouldn't be able to
advertise a moratorium --
COMMISSIONER SAUNDERS: We only deal with -- we only
deal with whole numbers up here.
So I do want to -- I want to move this ball along more quickly,
and that's why I'm asking that we -- and that's why I've made the
motion to have this hearing sooner rather than later where a
moratorium is a possible consideration along with any other
considerations that staff can come up with.
So let's deal with the more discrete issue, and if it works, great,
then we can apply that to other roadways. If it doesn't work, then
we'll try something else.
But that's the motion, Mr. Chairman. I don't want to open it up
to the whole county because that's too complex. That's just too big,
and I think taking some baby steps here would be important.
So the motion is to have the staff establish a public hearing at
one of our regular meeting days; we don't have to have a special day
for this, but to set it at 5 o'clock, and considerations of things such as
December 12, 2023
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temporary moratoria or other things that staff can come up with to
help solve the problems or keep the problems from getting worse on
these two roadways, Immokalee Road and Vanderbilt Beach Road.
That's the motion.
CHAIRMAN LoCASTRO: What would be your timing of
when you expect that this might happen?
COMMISSIONER SAUNDERS: I'd like to have them come
back the second meeting in January. That should give plenty of
time. This is not an issue that staff hasn't been grappling with for
months, if not years. And I think this sends a message to the public
that we are concerned, and we want to try to make things better.
CHAIRMAN LoCASTRO: Is there a second to that motion?
COMMISSIONER KOWAL: I'll second it.
CHAIRMAN LoCASTRO: So I have a motion by
Commissioner Saunders and a second by Commissioner Kowal.
And I just want to be clear, because we're using terminology
saying, you know, that we're going forward with a moratorium. If
I -- if I voted for this, for your motion and your second, I'm voting for
a public hearing, not for the -- not for a moratorium. I'm voting for
the public hearing to -- like you said, maybe that's the suggestion, but
many things could come out of that public hearing, correct?
COMMISSIONER SAUNDERS: That's why I said in the
motion consideration of things such as a moratorium or other things
that staff can come up with.
CHAIRMAN LoCASTRO: Right. Okay. So we have a
motion from Commissioner Saunders and a second from
Commissioner Kowal. All in favor of this motion?
Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
December 12, 2023
Page 124
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: It passes, 3-2. Okay.
What's next?
(Applause.)
Item #9B
ORDINANCE 2023-68: AN ORDINANCE AMENDING THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN TO
CHANGE THE DESIGNATION OF PROPERTY FROM ESTATES-
MIXED USE DISTRICT, RESIDENTIAL ESTATES
SUBDISTRICT TO THE ESTATES-COMMERCIAL DISTRICT,
13TH AVE SW COMMERCIAL INFILL SUBDISTRICT WITHIN
URBAN GOLDEN GATE ESTATES SUB-ELEMENT OF THE
GOLDEN GATE AREA MASTER PLAN ELEMENT TO ALLOW
UP TO 171,500 SQUARE FEET OF GROSS FLOOR AREA OF
SELF-STORAGE AND MINI-WAREHOUSING (SIC 4225). THE
SUBJECT PROPERTY, CONSISTING OF 5.53± ACRES, IS
LOCATED SOUTHWEST OF THE INTERSECTION OF 13TH
AVENUE SW AND COLLIER BOULEVARD, NORTH OF GREEN
BOULEVARD IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA. [PL20220000289]
(THIS IS A COMPANION TO ITEM #9C) (DISTRICT 3) -
MOTION TO APPROVE BY COMMISSIONER MCDANIEL;
SECONDED BY COMMISSIONER HALL – ADOPTED
(COMMISSIONER SAUNDERS OPPOSED)
Item #9C
December 12, 2023
Page 125
ORDINANCE 2023-69: AN ORDINANCE TO REZONE 5.53±
ACRES OF PROPERTY FROM THE ESTATES (E) ZONING
DISTRICT TO A COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT
TO BE KNOWN AS 4050 13TH AVENUE COMMERCIAL
PLANNED UNIT DEVELOPMENT TO ALLOW DEVELOPMENT
OF UP TO 171,500 SQUARE FEET OF GROSS FLOOR AREA OF
SELF-STORAGE AND MINI-WAREHOUSE (SIC 4225). THE
PROPERTY IS LOCATED SOUTHWEST OF THE
INTERSECTION OF 13TH AVENUE SW AND COLLIER
BOULEVARD, NORTH OF GREEN BOULEVARD IN SECTION
15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. [PL20210003321] (THIS IS A COMPANION
TO ITEM #9B) (DISTRICT 3) - MOTION TO APPROVE BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER HALL – ADOPTED (COMMISSIONER
SAUNDERS OPPOSED)
MS. PATTERSON: Commissioners, that brings us to
Companion Items 9B and 9C.
9B is a recommendation to approve an ordinance amending the
Collier County Growth Management Plan to change the designation
of property from Estates Mixed-Use District Residential Estates
Subdistrict to the Estates Commercial District, 13th Avenue
Southwest Commercial Infill Subdistrict with an urban Golden Gate
Estates Sub-Element of the Golden Gate Area Master Plan Element
to allow up to 171,500 square feet of gross floor area of self-storage
and mini-warehousing. The subject property consisting of 5.53
plus-or-minus acres is located southwest of the intersection of 13th
Avenue Southwest and Collier Boulevard, north of Green Boulevard,
December 12, 2023
Page 126
in Section 15, Township 49 South, Range 26 East, Collier County,
Florida.
Its companion item is 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.
This is a recommendation to approve an ordinance to rezone
5.53 plus-or-minus acres of property from the Estates Zoning District
to a Commercial Planned Unit Development Zoning District for a
project to be known as 4050 13th Avenue Commercial Planned Unit
Development to allow the development of up to 171,500 square feet
of gross floor area of self-storage and mini-warehouse.
The property is located southwest of the intersection of 13th
Avenue Southwest and Collier Boulevard, north of Green Boulevard,
in Section 15, Township 49 South, Range 26 East, Collier County,
Florida.
Let's first start with Commission disclosures.
CHAIRMAN LoCASTRO: Okay. So we're doing disclosures
on 9B and C or just C?
MS. PATTERSON: 9C, but 9B is its companion, so everything
you've got.
CHAIRMAN LoCASTRO: Okay. Commissioner Kowal,
what do you have for 9B and C?
COMMISSIONER KOWAL: Yes. I have meetings, emails,
and calls on both.
CHAIRMAN LoCASTRO: Okay. Commissioner Saunders.
COMMISSIONER SAUNDERS: Same. Every means of
communication known to man.
CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel.
Was that, like, carrier pigeon, Pony Express, right?
Commissioner McDaniel.
COMMISSIONER McDANIEL: Meetings and emails.
December 12, 2023
Page 127
CHAIRMAN LoCASTRO: Okay. Commissioner Hall.
COMMISSIONER HALL: Meetings and emails.
CHAIRMAN LoCASTRO: Okay. And I have meetings,
emails, and calls. Okay.
MS. PATTERSON: We need all participants to stand up and
be sworn in by the court reporter, including anybody giving public
comment.
(The speakers were duly sworn and indicated in the affirmative.)
MS. PATTERSON: Mr. Davies, begin.
MR. DAVIES: Thank you, Madam County Manager, and
thank you, Mr. Chairman. Good afternoon, Commissioners. Noel
Davies with the law firm of Davies Duke on behalf of the applicant,
Shamrock Builders, Inc.
Since we were last in front of you in October, we did meet with
the neighbors again in my office. Unfortunately, it did not go as we
had hoped. We tried very hard to find some middle ground but we're
too far apart, unfortunately. We have made several additional
changes, which I will walk you through shortly.
And we do appreciate the efforts of the neighbors. They
certainly put together some very nice presentations last time;
however, I did want to provide some important clarifications as you
consider this project today.
We are not bigger than Waterside Shops. That facility is
668,000 square feet if you count the parking garages. It's
468,000 feet if you don't count the parking garages.
We're also not bigger than NCH. That was mentioned last time.
Their size is 549,000 square feet.
We're also not the first self-storage in the Estates.
Approximately 130,000 square feet of self-storage was approved at
Orangetree and Immokalee Road. That project is in the Rural
Estates. We're in the Urban Estates. And they are immediately
December 12, 2023
Page 128
adjacent to residential. There's no power stations at that site, and
there's much less buffering and landscaping than we've committed to.
They are also 45,000 square feet per acre, whereas we are just over
30,000 square feet per acre.
Gross size is not the only consideration when evaluating a
project like this. In addition to buffering and landscaping, it's really
more appropriate to assess these types of projects on a
square-footage-per-acre basis. You've got to look at the land area
that the square footage sits on, not just the gross square footage.
All due respect to the neighbors, this was misrepresented a bit
last time, so we went ahead and did an analysis of some of the
specific examples. We did send that analysis to your staff. And
you'll see on this slide here that there are 10 different projects, all of
which are significantly larger than our project. They all have much
more square footage per acre than we do. You can see that the
average land area is 2.26 acres, and the average square footage per
acre is 45,000 square feet.
They also have in these examples significantly less landscaping
and buffering than we do. They are not sitting next to the two power
stations.
So comparisons to other projects need to be done on an
apples-to-apples basis, not in a vacuum based solely on gross size.
Our project is on five-and-a-half acres, and our original square
footage per acre was 31,465. That has since been reduced down to
30,358 square feet per acre.
We have reduced the drive-ups as well. Drive-ups will only be
10 percent of our square footage, but there is growing demand for
those types of units because land costs have gotten so high.
If there is continued interest in looking only at gross size, we are
not the largest self-storage in the county. There is a project located
at 13099 Tamiami Trail which is 199,000 square feet. There is an
December 12, 2023
Page 129
existing facility there that is 94,000 square feet, and they have been
permitted for an expansion of 105,000 square feet for a total gross
size of 199,000 square feet.
So not only are we much smaller than the 10 other facilities
from a square-footage-per-acre standpoint, we are also smaller than
that particular facility from a pure gross-size standpoint.
Mr. O'Herren, my client representative, and his partner, who are
here today, do take the concerns of the neighbors very seriously. We
believe we've met what they've shared as their most important
concerns. We cannot meet every single one of them from every
single person, but we have tried to provide as many assurances as we
can. We've listened to them. We have worked closely with them
throughout the project's history.
There will be no traffic on 13th, which was always their chief
concern. There will also be no construction access on 13th. And
we are agreeable to changing the architecture to a coastal
contemporary aesthetic, which we're happy to have memorialized in
our development commitments language.
This is all in addition to the buffering and landscaping that we
have increased even more since our last hearing.
Specifically, we now have a setback from 13th of 199 feet.
This was increased from 148 feet last time and provides even greater
separation from 13th; it pushes the buildings as far away as possible.
Only 100 feet of the southern parcel is being used. Everything
else is being clustered together on the northern parcel so that the
buildings are almost exclusively on the northern parcel with the
exception of that 100 feet that bleeds into the southern parcel, and
that was one of the neighbor requests.
And Mr. Vanasse is telling me that it's the opposite.
COMMISSIONER McDANIEL: That's correct.
MR. DAVIES: So I've got to get my compass out here.
December 12, 2023
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Everything is clustered toward the back parcel, let me just put it that
way, away from 13th. Excuse me, Commissioner.
COMMISSIONER McDANIEL: Boy Scout.
MR. DAVIES: To the south, yes, thank you. Thank you.
So in addition to that, of course, this is beyond what your code
requires and in addition to the buffering that's provided already from
the power stations.
We're still more than happy to provide the covered bus stop and
the dedicated parking area on our property for parents so that the
schoolchildren in the neighborhood can safely ride the bus to school.
Mr. O'Herren is going to be personally involved throughout the
construction and operation of this facility. He is very committed to
being a good neighbor throughout construction and during operation
and will ensure a safe and self-contained project that has little to no
impact on the other property owners. He is also happy to have a
developer commitment included that would prohibit him from
coming back to this board and seeking any sort of future expansion of
the project. This was another request of the neighbors, and we're
happy to do that.
I'd like to walk quickly through the evolution of our site plan.
Here is our first master plan; you can see the access point on 13th.
We worked very hard with your county staff to get access on to 951.
Here is that second master plan showing the access on 951. We then
pushed that access down --
CHAIRMAN LoCASTRO: Mr. Davies, can you just flip back
and forth one more time. I'm just trying to compare.
MR. DAVIES: So that's the first, showing access on 13th, the
left-hand side.
CHAIRMAN LoCASTRO: Okay.
MR. DAVIES: And then this shows access from 951/Collier
Boulevard. We pushed this access point even farther south so that
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there is -- so that it's as close to the boundary as possible.
CHAIRMAN LoCASTRO: So this is your --
MR. DAVIES: We also added a left turn in.
We made one more change, Commissioner, which is to add,
you'll see here in the red, the 199 feet of separation.
So significant changes since the original iteration of this master
plan, which includes the left turn in as well as the 199 feet of
separation from 13th. You'll also see the clustering that I mentioned.
So this is the 100-feet example. Here are the buildings clustered on
that back parcel, 100 feet of the -- of the parcel closest to 13th is
being used, and then you see the water management, separation
buffering, landscaping to 13th.
Since our last hearing, my client has tried his absolute best to
rework these plans, as I pointed out, provide the additional
reductions, provide the additional separation, provide the additional
accommodations. Here are all of the items that we've worked
through since we last saw you.
One, we've reduced the square footage an additional 3,600
square feet.
Two, we have reduced the drive-up units by over 40 percent.
Only 10 percent of the units on the project would be drive-up units.
Three, at the neighbors' request, we are agreeable to the coastal
contemporary architectural aesthetic that I mentioned. I've included
some examples on this slide that were suggested by the neighbors,
and we're happy to construct the buildings in a substantially similar
manner to this style.
Four, we have increased the buffering separation, as I
mentioned. This is an additional 51 feet of separation.
Five, we've pushed the buildings as far back as possible and
have clustered them on that back parcel. Only 100 feet, as I showed
you in that slide, is being used on the front parcel.
December 12, 2023
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Six, the neighbors have asked that we commit to not coming
back to you for future expansion. I mentioned that. Mr. O'Herren is
committed to this latest version of the plan and will agree not to seek
any further expansion from you.
Seven, our commitment remains as to the no traffic on 13th.
Eight, there will be no construction entrance or any activity at all
on 13th. All ingress and egress to and from the site will be from
951. We remain committed to this, including the construction of the
left-in turn lane from 951 northbound, and that access point, as I
mentioned, is pushed back as far as possible so that there is
maximum separation from 13th and also no need for any U-turning
movement at the intersection of 13th and 951.
Nine, the covered bus stop with parking area for parents will be
constructed as part of the project to allow a convenient and safe way
for children on 13th to get on and off the school bus.
And, 10, we remain committed to our significantly enhanced
landscaping, all of which is above and beyond what your code
requires.
This site is bound to become commercial at some point. It
abuts an arterial road. It's very close to sizable commercial nodes,
and it has the power stations right next to it. Quite frankly,
something come could in here that has much more activity, much
more adverse impact than this self-storage project. This really is an
appropriate reuse of this site. It is one of the least intense
commercial uses, and you've got a caring family-run development
company led by Mr. O'Herren that has shifted all the activity away
from the neighborhood, in addition to the 10 changes that I
mentioned.
None of that is guaranteed on a future project from a different
developer, and Mr. O'Herren is committed to not only constructing
but to operating this project in a way that is neighborly and in a way
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that is consistent with the legal obligations that he is agreeing to.
We have met your legal criteria for these applications. Your
staff agrees with that. And we've taken significant measures to meet
the needs of this neighborhood, including what I walked you through
this afternoon.
I do have Mr. O'Herren with me today, as I mentioned, and if I
may, Mr. Chairman, he would like to address you and the Board
briefly.
Thank you very much, Commissioners.
MR. O'HERREN: Thank you. Thank you for hearing me,
everyone.
I've been referred to as the developer, the owner, the investor,
the builder, and other names, and I just wanted to come up here and
say, here's who I am.
CHAIRMAN LoCASTRO: Sir, sir, you're only talking to us,
not the crowd.
MR. O'HERREN: Okay. And so we're a family-run business,
owned property in Collier County for 35 years. Small -- small
business. My partner here is George, George Geiger. He's my
cousin.
And I just want to say we have a very good reputation of
standing behind what we say we're going to do. This means a lot to
us. We've talked to the neighbors and met with the neighbors. I
understand you don't -- people don't want anything. They don't want
change. And self-storage seems scary, but it is the least obtrusive
use that's going to be there. And if I go away, there's going to be
somebody else who's going to come up with something more -- in my
opinion, it's going to be more intense, a restaurant, a bar, or
something there, and that's going to be more of a problem.
I was the one who came up with the idea to say, hey, if the
neighbors don't want us to be on 13th Street, let's spend the money.
December 12, 2023
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Let's get it out on Collier. Then they said, well, there's going to be a
U-turn problem. So I said, okay, let's move it further south. Put in
a median cut.
Then it was, well, we have a concern about parking. You
know, we have to park on the street there. I said, hey, you can park
on our property. I'm not sure very many have volunteered to say,
neighbors, you can come park on our property, and we'll put a bus
stop for the kids.
So it was all about safety, and that was from the very beginning
of the thing -- the issue. And then it became, well, it's too big.
Well, the reality is, we have five-and-a-half acres there, just as Noel
just pointed out there, and we are the least dense of any of the other
properties up there. We're 30,000 square feet per acre.
The brand-new one -- there's a 200,000 square foot one that's
under construction right now at Collier and 41 -- Public Storage is
expanding -- and it's going to be 35- or 40,000 feet bigger than this.
Our property is going to have some single-story buildings, yes,
and that's a good thing, because it creates kind of a buffer to the
bigger building in the back, and those buildings are only 10 feet tall.
You won't see those -- you'll see the back side of a building, but you
won't see it because we've agreed to do so much landscaping, but I
understand that.
But those single-story buildings, that's for people who have a car
they want to store somewhere. They can't store them in these
three-story buildings. You know, there's a definite need for that, so
that's why we pushed for that, but we've agreed to reduce those.
So we've listened to people. We've addressed the question
about fire safety. We have sprinklers and everything. That's
required by code. All these different issues I think we've really tried
hard to do that.
And we're going to be honorable, and we're going to do what we
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say we're going to do, and we're going to be a good neighbor and,
believe it or not, some of these people in the neighborhood will be
our customer because self-storage is a 3- to 5-mile business and,
believe it or not -- I know everybody thinks there's self-storage
everywhere -- and west of I-75 there is a lot of. There's about 21
square feet per person over there but, believe it or not, those are 90,
95 percent full, so there's still demand.
On this particular location, we only have three-and-a-half square
feet per person. So it's very underserved.
We are an amenity for the community. I know we're not sexy,
you know, but we are someplace where people -- you know, you guys
don't have basements. You don't have big garages, necessarily, don't
have attic space. We are an asset to the community.
So we will be a good neighbor. We will do what we said
we -- what we have said all along. And we appreciate the neighbors'
position. Our position is we think we're going to be an asset.
So thank you very much for hearing me.
MR. DAVIES: That concludes application's presentation,
Mr. Chairman.
CHAIRMAN LoCASTRO: I have a question for you. So in
the reduction that you've done as you've sort off trimmed out the
edges there, I remember one thing in the initial presentation was how
many units were drive-up. And did that get reduced a little bit so
there's a little less than that?
MR. DAVIES: It's been reduced 40 percent since the last
hearing. So 10 percent of the units would be allocated to drive-ups.
CHAIRMAN LoCASTRO: Okay. That's significantly less
than Draft No. 1.
MR. DAVIES: Correct.
AUDIENCE MEMBER: How many units is that, then?
CHAIRMAN LoCASTRO: So do we have public comment?
December 12, 2023
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I'm sure we do. Oh, I'm sorry, Commissioner McDaniel. I didn't
see you lit up there, sir.
COMMISSIONER McDANIEL: And maybe this -- this might
be for Mr. Vanasse, I don't know. Could you just repeat a little bit
about the additional buffering and the setbacks that you've agreed to
do. We've looked at a lot of iterations of this site plan.
MR. VANASSE: Good afternoon. For the record, Patrick
Vanasse, certified planner.
If we look at this slide, the subject property is identified in
yellow, and what we've here is the separation from adjacent
residential uses. With the increased setback and the clustering to the
southern part of the property, southern, we now have 360 feet from
the closest residence across 13th Avenue.
If we look at where the two FPL substations are, on both of
those sides we have over 500 feet of separation.
Where we abut 13th Avenue and Collier Boulevard, we have
enhanced buffers. Those buffers are 30-foot wide, and they're
enhanced, and they have probably twice as much vegetation as
required by code.
COMMISSIONER McDANIEL: Can you put up that on the
site plan, please.
MR. VANASSE: And we have an exhibit --
COMMISSIONER McDANIEL: Right there.
MR. VANASSE: -- depicting that. And we've also submitted
that planting plan. Again, that would be reviewed at SDP. But the
planting plan has been submitted to staff, and we are happy to have
that be a commitment of approval.
COMMISSIONER McDANIEL: Thank you.
Who's the Vice Chair?
COMMISSIONER HALL: Any other questions?
MR. MILLER: Should we go to public speakers now, sir?
December 12, 2023
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COMMISSIONER HALL: That's fine with me.
MR. MILLER: All right. We have a total of eight speakers.
They're grouped into three groups that have ceded time.
Your first speaker is Richard LaGarde. He has been ceded time
from John R. Dryden.
Could you raise your hand if you're --
(Raises hand.)
MR. MILLER: Oh, I see him.
And Mary LaGarde?
MS. LaGARDE: (Raises hand.) I'm ceding my time.
MR. MILLER: Oh, she's over there. And he'll have a total of
nine minutes, and you're going to need to give me just a second to get
his PowerPoint ready. And then he will be followed by Pat Lertch.
MR. LaGARDE: Good afternoon, Commissioners.
I would like to just do a quick recap of the objections raised by
the neighbors at the meeting back in October and discuss sort of
what's happened since then.
First, the legitimate concerns of the neighbors included
increased crime and fire risk of exterior drive-up garage-style storage
units. You heard testimony back two months ago from Mr. Blitch,
who was a police officer, that a majority of the calls he made to
storage units was for these drive-up units because there they're so
easily broken into it and people can -- criminals can drive right up to
them and break into them and drive away.
The other problem we have with them is exactly what was just
mentioned, vehicle storage, gas-powered lawn mowers, fireworks,
chemicals. There's really no control over what people can store in
these things.
It's not a hypothetical fear on the part of the residents, because
just last Wednesday night there was a vehicle fire in an exterior
garage-style storage unit on Progress Avenue in East Naples, and it
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took firefighters from the Greater Naples Fire Department, the North
Collier Fire Department, and the Naples Fire and Rescue to put out
that fire.
So storing vehicles, storing lawnmowers with gasoline, storing
equipment and scooters with lithium ion batteries in these drive-up
units creates a greater fire risk for the residents.
And here are some of the concerns we have. If you look at the
map here, if the wind's blowing from the south, there's a good chance
that you're going to have embers blowing up into the neighborhood.
And as we mentioned last time, there was a fire on 13th Avenue some
years back, and because there are no fire hydrants in the area and
there was limited water, firefighters had to stand and watch as several
of the neighbors' outbuildings, their backyard garages, backyard
pump sheds just went up in flames. So when the residents say we
have a fear of fire hazard, that's certainly a valid one.
If the wind is blowing from the east, there's a danger embers can
hit that FP&L substation just to the west of the property. And I don't
know if you're familiar with how they cool these giant transformers.
They use transformer oil, which is flammable. So we have
flammable transformer oil located just to the west of this area.
And the concern, of course, is if you knock out a major
substation, who knows how long it will be before we get electricity
back to the residents of Golden Gate -- the Golden Gate area. And
then the same thing with wind from the north. You've got an FP&L
substation just to the south. You have FP&L emergency
cherry-picker trucks which are used for disaster relief that are parked
right there, a large number of them, side by side. Again, with a
major fire in a storage unit, especially one that has drive-up exterior
garage-style units, you may find yourself losing a bunch of FP&L
emergency cherry-picker trucks that we use for hurricane relief. So
this fire risk is not a minor one.
December 12, 2023
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Now, the other legitimate concern of the neighbors is we all -- a
lot of people assume that just because there's an FP&L substation
behind these units that they are not marketable as residential
properties. And Commissioner Saunders indicated that he walked
the property, and he's not convinced that they can't be sold as
residential units.
There was never a good-faith effort to market these as
residential.
We showed you in October many photographs of FP&L
substations around Collier County where there were
multimillion-dollar houses located right next to those substations.
Now, I think, Commissioner Kowal, you mentioned that you jog past
one every day. You don't even know it's there because of the
foliage, the tall trees, and that is, indeed, the case with this property.
You look here at the property, the north lot -- there are two lots here
that we're talking about, a north lot which is 2.77 acres and a south
lot which is 2.77 acres.
If you notice -- my pointer doesn't work very well. But if you
notice just on the north lot to the far west nearest the FP&L
substation, there are tall trees, old growth trees that completely block
the view of the FP&L substation. If you're driving by on Collier
Drive [sic], you can't even see that thing.
And there are trees on the south side of that north lot -- if you
look, here are the trees that block the view of the FP&L substation
from Collier Drive, and here are the trees that block the view of the
south lot. So we think that this -- and, of course, this is the house
that is currently on the lot, and this lot faces 13th Avenue Southwest,
which is a residential street.
So we think -- and that house was, in fact, occupied until the
renter died right before FPL bought this entire plot. So we think
there is a residential use for that particular property.
December 12, 2023
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The south lot is -- there's more argument there to be made that
it's bound on two sides by FPL substations and by Collier Boulevard.
So if there's a determination that there has to be something going in
there that's commercial, we think it should be limited to the south lot,
not the north lot, which immediately abuts residential neighbors.
We talked about the massive size of this development. The
average Collier County CubeSmart is 68,000 square feet, and they're
talking about 167,880 feet. It's massive. It's a very large
development.
Now, there was some argument about the Waterside Shops, the
size of them. My understanding is we got these sizes from the tax
assessor's records as to the square footage of the shops. Of course,
that does not include the Barnes & Noble, which is a very large
development. But the Waterside Shops themselves, we believe, is
probably closer in line with that figure. But what is not disputed is
this is bigger than the Amazon distribution center, and it's almost as
large as the SuperTarget in North Naples.
Now, in October, we made a proposal. We said, doesn't it make
sense to develop a CubeSmart type of a development on the south lot
and leave the north lot as residential? That satisfies the needs of the
local residents to have a residential property on a residential street.
And, apparently, the developer did not agree with that proposal.
And we also pointed out the fact that just three miles away on
Vanderbilt Way there's a nearly new CubeSmart -- this is all interior.
No exterior garage-style units -- and that's a 92,070-square-foot
development on 2.37 acres.
Now, if they wanted to develop a normal-sized development, a
normal-sized self-storage unit like this one, they've got 2.77 acres to
deal with on the south lot. They could easily do that and still have
the north lot reserved for residences or residential development.
Now, Commissioner Hall rejected a lot of our suggestions or
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concerns at the last meeting, but there were three that he said were
fair asks: Remove the exterior drive-up units, and apparently the
answer to that is no; change it to look less industrial. I'm note
sure -- this is the first we've heard that they're doing a coastal modern
design. We haven't seen it before. There was no discussion of that
or presentation to the neighbors, so I can't really comment on whether
that's an improvement or not.
And Commissioner Hall said they should reduce the size to
normal self-storage. Now, average self-storage, again, is 65,065
square feet. The reduction they made from the last presentation was
from 171,500 to 167,880. That's only a 2.3 percent reduction. That,
in my mind, is a token reduction. It doesn't really address the
concerns of the residents, and we don't think it was a good-faith effort
to accommodate the residents' concerns.
So with that being said, I want to thank you for your
consideration, and I hope you'll reject this.
This developer, apparently, may not be the right developer for
this particular project. Maybe there's another one out there who
would see the need to preserve the north lot as residential and
develop the south lot, which is plenty large enough.
Thank you very much.
MR. MILLER: Your next speaker is Pat Lertch. She has been
ceded three additional minutes from Joe Lertch, who is sitting right
there, and she will be followed by Andrew Blitch.
Pat, you'll have a total of six minutes.
MS. LERTCH: Thank you.
Good afternoon, Commissioners. It's nice to be back up here
again. But I'll tell you what, I love you all under different
circumstances.
And last time I was here on October the 10th, Commissioner
William McDaniel said to me, I hope no one will ever have to
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negotiate with Pat Lertch. Well, I am here again, and I want to
negotiate with you, which I don't like that word "negotiate." But
also, I wanted to have the last word, but they switched with me, so I
don't get the last word.
Anyway, what I want to bring to you is about the meeting, the
meeting that they had. And if you want to even read the letter. I
could not believe they sent it to everybody that had meetings before
and spoke. And it says, as we expect you know,
Mr. Blitch -- Mr. Davies met with Mr. Blitch and Mrs. Moss and
Mr. Moss Thursday 11/16. Then they shut that down, didn't say
what they met about, didn't say that they want to meet us with, and it
says, we would be more than happy to schedule a meeting or call
with anyone else who would like to do so before the Board of Collier
County Commissioner hearing. Please let me know.
You're invited to a meeting, and you don't know what you're
meeting about. I've never had a meeting invitation that I didn't know
what was going to be on the agenda. Neither did they ever see nor
the pictures of what the new warehouse was supposed to be. Had no
idea what that thing was going to look like, didn't have a plan, a plot,
nothing.
So how in the world -- honestly, Mr. LaGarde, he did an
excellent job trying to show and bring out what they're trying to plan
because nobody knows about it.
And another thing I want to mention, we talked about the roads.
We talk about how crowded they are, and they are. And you're
going to Immokalee Road, and about a moratorium. But right now
Collier Boulevard has 37,000 vehicles traveling that road every single
day. My thoughts are I'd like to have a moratorium, but you know
how we can -- how we can really solve this whole problem? Not to
put that warehouse on this very, very -- it's going to be large -- very
busy, busy with street -- with all the traffic that's coming, 37,000
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vehicles a day. That's almost -- it's not even like the Indiana [sic]
500. But it does whiz around there.
So how in the world are you even going to get the building
materials into Collier County -- Collier Boulevard, into the lot to
build this property, this warehouse. There's no way you can possibly
get that land -- or get those materials, the concrete. Take all the trees
down and all the bushes.
And when we come down the streets and we see the electric
plant, we go, ooh. But when we hit that grassy knoll, when we see
that house, when we see the woods, we know we're back in
residential Estate land, and it gives us a soothing feeling.
And when I had some time off -- I didn't have any time off, but
they kind of pushed me aside. We're doing other things. And that
was great because I had time to spend with the Lord. And what I
got -- because I'm a -- I'm a person of action. I don't like to sit
around and waste time.
So, anyway, but what I got was -- and I was told and I spread,
Isaiah 40:31, but they that wait upon the Lord shall renew their
strength. They shall mount up with wings as eagles. They shall run
and not be weary, and they shall walk and not faint. And I'm telling
you, I followed that, and I am ready to run. I'm ready to mount my
wings as eagles and not faint, because this land is God's land, and he
will use it accordingly. He will put what is good there, and he will
let us know what he wants.
And what should go there, what it is plotted for, what it has been
taken care of is already done: Houses, houses or guesthouses. That
is what belongs there.
Now, if you want to talk about the traffic being so bad, that
doesn't need a warehouse with all that traffic on this beautiful land.
It is serene. You can take a chair out and sit in the shade, and you
feel -- you feel so peace -- so serene and quiet, even though the traffic
December 12, 2023
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is running around. It does not deserve this warehouse.
MR. MILLER: Your final registered speaker on this item is
Andrew Blitch. He's been ceded three additional minutes from Tom
Moss.
Tom, could you raise your hand.
(Raises hand.)
MR. MILLER: And Lisa Moss.
He will have a total of nine minutes.
Mr. Blitch.
MR. BLITCH: Thank you.
Good afternoon, Commissioners. Andrew Blitch here.
I spoke at the meeting in October, and if you remember, at that
meeting I listed several concessions that I had offered to the
applicant. They were things that I was willing to accept for me to be
okay with the project moving forward. And I had stated that they
had said no to all those things at the time.
If you remember, I'd asked for more security, I asked them to
eliminate the drive-up units completely, I asked them to change the
look of their project to a higher-end look, I asked them for the
setback to be greater, and I asked them for larger landscaping, and I
also asked them to reduce the size of the building to be around the
size of an average-size storage unit.
I had mentioned at the meeting that the average storage unit in
Collier County is somewhere around 70,000 square feet. I was
willing to go up to 90,000 square feet. I'd also mentioned that the
largest one -- and I -- the one -- largest one that is currently in
operation, not the proposed ones that have been -- that are under
construction right now. I'm not privy to that information. I just
know what's currently in operation, which is correct. The largest
one currently operating in Collier County is 130,000 square feet.
There might be bigger ones in the future that Mr. Davies mentioned.
December 12, 2023
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I don't know about those. So 130,000 was the largest currently in
operation in Collier County, and they were at 171-. I made all those
suggestions.
Mr. Hall, you had stated that eliminating the drive-up units was
a fair ask, and you also stated that reducing the size to a normal-size
storage unit was also a fair ask, and it looks like they have done
neither.
Mr. Saunders and Mr. LoCastro, you both instructed them they
needed to talk with us and negotiate. They didn't really do that
either. Mr. Davies did reach out to me shortly before Thanksgiving
and asked for the meeting. I went there to the meeting representing
the neighborhood, and I brought two other neighbors with me, Mr.
Tom and Lisa Moss. Yeah, Mr. and Mrs. Moss.
I was hoping to hear their updated plan at the meeting. They
didn't say what the meeting was about, so we were just going in with
all ears waiting to hear what they had to say, but we weren't told
anything.
Mr. Davies asked us what we wanted, and I had just restated the
same things that I had mentioned in the last meeting, October.
Those same exact bullet points that I talked about. He said he would
let his client know about those things.
We had asked Mr. Davies what changes they have made;
however, he refused to tell us. So we didn't hear anything. This is
the first time we've heard any of this stuff.
So the meeting was a waste of time. Mr. Davies'
assumption -- or certification that he attempted to negotiate with us in
the last two months is not true. That meeting was not a negotiation.
He refused to share any information. I tried. I gave him what -- the
list I wanted. There was nothing in return, so there was no
negotiation on their part.
So today is the first time any of us neighbors have seen the
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details of this project, and I only found out about the square footage
yesterday in my meetings with Mr. Saunders and Mr. McDaniel. I
was surprised when I heard they only reduced it by 4,000 square feet.
So they did not take your advice to reduce the square footage by
a meaningful amount, they didn't eliminate the drive-up units, and
they didn't listen to you when you told them to negotiate with us.
This project is still too big, still unsafe, and it still goes against
the Golden Gate Area Master Plan. For those reasons, we are asking
that you vote no on the project. Thank you.
MR. MILLER: That is all of our public comment on this item,
Mr. Chair.
CHAIRMAN LoCASTRO: Mr. Davies, do you have a rebuttal
or comment to some of those? I mean, there are some pretty
black-and-white things that even I wrote down because I'd like to
know the answers to those.
You know, reducing the drive-up versus eliminating, I mean,
don't start there because you've reduced it by a lot. We can have an
argument here and go, it's got to be zero, it's got to be 40 percent less
or whatever.
But there was -- you know, the reduction in size, just being, you
know, a handful of thousand square feet and a few of the other things
that you heard, what's your -- what's your comment to that? Or just
take the podium and say whatever your rebuttal is.
MR. DAVIES: Yeah. A few remarks if I may, Mr. Chairman.
I'll try to be brief.
The fire risk was mentioned. I addressed this last time: All the
buildings have to be fully sprinklered. That's a requirement of your
code. And we are adding a fire hydrant to service that. There was
mention about the preference for the back lot, the south lot, excuse
me. We've clustered that. We -- to say that we haven't negotiated
or made reductions in good faith, we absolutely have.
December 12, 2023
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We cannot accommodate every single request from every single
neighbor, as I mentioned. And there's been no unity, quite frankly,
as to what reduction would satisfy them. Any reduction, any
compromise that we've made since the beginning, all due respect to
them, has been minimized in this forum as, well, they had to do that,
they had to do this.
We've made a number of good-faith reductions. I'm not going
to go through those again; you're all aware of them. And we did that
in earnest since your last meeting, as you asked us to do.
Their examples, again, we took a deep dive on some of the
examples that they provided last time. I shared with you our
thoughts on that. Again, with as much respect as possible, I question
the accuracy of that.
I stand by my prior testimony that you've got to look at
apples-to-apples comparisons, not simply the gross size. We are not
the largest. There's a larger facility. But when you look at the
apples to apples, when you try to find the square footage per acre,
there's 10 facilities, as I outlined, that are significantly larger than
ours. We're at that 30,000 square feet per acre, and you have to take
the land area into consideration when doing the analysis here. It
cannot simply be looked at in a vacuum.
The other thing that's missing from examples that they've
provided you is buffering and landscaping. We looked at the
specifics of the buffering and landscaping of the other facilities.
They're nowhere near to what we're providing. We're providing
above and beyond code. I walked you through those master plans.
That number has increased since day one all the way to where it is
now, which -- with 199-foot separation, everything on that back
parcel, and only the 100 feet of the front parcel being used.
I dispute the testimony and the recollection of Mr. Blitch of our
meetings. I just disagree with his statements. That's not what
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transpired. We have worked very hard, as you heard from
Mr. O'Herren, to accommodate what they've asked us to do, but we
cannot accommodate every single request from every single one of
them.
So with that, I'm happy to answer your questions, Mr. Chairman,
happy to answer the questions of the Commission. Thank you.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Do we have a picture of
coastal contemporary architecture?
MR. DAVIES: Yes, we do.
COMMISSIONER McDANIEL: Is it in the package?
MR. DAVIES: It is. Here.
COMMISSIONER McDANIEL: I don't remember seeing it.
CHAIRMAN LoCASTRO: It's in there.
MR. DAVIES: These are examples, Commissioner McDaniel,
that the neighborhood sent us.
COMMISSIONER McDANIEL: Big black screen.
MR. DAVIES: There we go. Thank you, Troy.
MR. MILLER: I'm slow.
MR. DAVIES: They sent us some links to examples of what
they called coastal contemporary architecture. These were on those
links, so we put them together so that you can see what it would look
like. We're happy to agree to something that is substantially similar
to this aesthetic.
Mr. Vanasse has another example.
MR. VANASSE: Also, if I may, some of the neighbors
brought up other examples of other storage facilities. One of the
ones that they brought up was the Carl's Wine storage facility. So
I've got a slide here, and this is Carl's Wine storage. It's a life
storage. That's what it's branded. Those storage facilities are
throughout Southwest Florida. This one happens to be life storage,
December 12, 2023
Page 149
Carl's Wine storage. That's a facility. That's the architecture that
they've offered up. We can do this all day long. We just need to be
told what the preference is.
This is very consistent with what our client builds, and he can
emulate that architecture, or we can do something a little different if
it's preferred.
Also, what's important to look at is, again, comparing apples to
apples. If we look at this, this is a 98,000-square-foot facility with
minimal landscaping, minimal buffering, 100 feet from residential
neighborhoods. So, again, very important to look at -- compare
apples to apples, not cherry-pick different projects to make different
points.
COMMISSIONER McDANIEL: Quick question for Mr. Bosi.
Do we have a definition of coastal contemporary in our code with
regard to the architectural standards?
MR. BOSI: Mike Bosi, Planning and Zoning director.
We don't have a specific listing of coastal contemporary, but we
do have licensed architects within Ms. Cook's staff who would be
familiar with that type of style.
COMMISSIONER McDANIEL: Okay. So perceptively, if
the project were to go forward, an assemblance of order in that regard
to that commitment could be attained?
MR. BOSI: Yes, sir. And from staff's perspective, we are
recommending approval. But we would say, if the Board was to
suggest approval of this, we would ask that the applicants provide for
the additional commitments that they've made today so we can
incorporate those withinto the documentation.
COMMISSIONER McDANIEL: Okay. Thank you. That's
all.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: It's been -- it was referenced that I
December 12, 2023
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made several comments. When I recall the meeting, I recalled that
Mr. Blitch had some things that they were requesting, and my
assumption was that the applicant wasn't listening. And I said in that
list, there was some fair ask. I don't ever recall saying anything
about reducing to normal size or getting rid of the drive-up units. If
that's on record, I said it. I just don't recall it.
What I do recall was saying that there were some things that
were some fair asks, and I -- and some of those things, whether they
were negotiated with you or whether they were talked about, they've
been made. The coastal contemporary look, the buffering, and the
setbacks have been done.
I did -- I do recall asking what the size of the footprint was, and
then -- and then we postponed the meeting to today. So I still don't
know that figure, what the actual footprint is, not counting the second
and third floors. Just the actual ground footprint.
MR. O'HERREN: 45,000 for the three-story.
COMMISSIONER HALL: Right. Thanks.
COMMISSIONER McDANIEL: He qualified that with just the
three-story. There are one-story units there, correct? I think you
were asking for total.
COMMISSIONER HALL: I was just asking what the footprint
was.
COMMISSIONER McDANIEL: For everything.
MR. O'HERREN: Just the footprint would be 45- plus about
35-, 50- -- 45- and 30- would be 75-, 80-, maybe the footprint.
Because most of our square footage is in that three-story building.
We've only got about 30,000 square feet that's single story. So the
vast majority -- that's how we squished everything down.
COMMISSIONER HALL: Okay. And I'm hoping my wife's
not listening with that new term, "coastal contemporary."
MS. HALL: I'm right here. And that's all.
December 12, 2023
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CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah. I was -- I was hoping
for a little bit greater reduction in square footage from the 172,000,
and I'm still looking for that. I think the facility -- I think that
was -- a reasonable compromise would have been somewhere around
100,000 square feet of storage. I am a little concerned about the
drive-up facilities but more concerned about the overall square
footage, Mr. Chairman.
CHAIRMAN LoCASTRO: The questions that I have have
been mostly asked and answered.
You know, the issue with the fire hazard in garages -- or in the
storage units, all those things that have caused fires in storage units
are located in all of our garages. You know, you're either going to
have a house fire or you're going to have, you know, a storage unit
fire. And like you said, you take the proper precautions with fire
suppression.
The drive-ups, I was -- I don't know that they needed to be to
zero, but I wanted to see that they were reduced. And so it may not
be to the satisfaction of the neighbors, but at least I've seen that.
I don't think it has an industrial look. And so, obviously,
the -- you know, that's still to be determined. But I don't -- you
know, everybody keeps saying warehouse, warehouse, and, you
know, we have some storage units in my district that definitely are
warehouse, like the old CubeSmart style and all that, but those days
are gone.
That Carl's Wine Vault is in my district. I think it might have
been approved before I was elected, but it's not the ugliest thing in
the district -- area. I would like to have seen a lot more landscape
and all those other things, and that probably could have been
negotiated. But it's -- I hate it a lot less than other things, yeah.
As far as the building materials and things being delivered and,
December 12, 2023
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you know, it was said by -- ma'am, what's your first name, again?
MS. LERTCH: Pat Lertch.
CHAIRMAN LoCASTRO: Pat. So as Pat said -- and she's
talked to all of us -- and the one thing I will say is that can all be
negotiated. A lot of times materials are delivered in the middle of
the night, and they're prepositioned. So I won't say never, but there's
ways around that. So, I mean, you know, I don't look at that as
being, you know, something that kills this project, because that is a
very busy road, but I would hope that your companies would be
smart enough to not be waiting out there in the middle of 5 o'clock
traffic with a semi full of building materials, I would hope.
I agree with Commissioner Saunders, though. I was hoping
that the size reduction would be a little bit more substantial, and I
think if maybe you would have met a little longer with the citizens,
maybe that -- you know, there would have been -- maybe they would
have hated it less if it was somewhere in the middle.
And so, you know, not to continue to kind of -- to continue to
bring this back, but you've got all the parties there. Is what you're
presenting to us the rock bottom -- 100,000 is a big jump. I guess I
was looking for something sort of more in the middle.
Is there -- you know, is there something in your hip pocket that
would make it a little bit smaller? And I know when you run the
algorithm, you know, sometimes people say, oh, it's all about money.
Okay. Well, you know, the people that built your homes were all
about money as well. You know, nobody's going to build
something -- you know, they're not a charity; you're not a church.
So you're trying to make the best use of the footprint. And I
definitely understand that. And even though people have suggested
other things that could go there, housings and things, it's your
property. So, if -- you know, I think -- I think houses could fit there,
but if that's not what you want to do, that's -- then this is the proposal
December 12, 2023
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that you're making.
But is there -- is there some other designs that maybe you
considered that didn't make it to this meeting that would have made
the footprint or the square footage a bit smaller?
And I will say some of the comparisons weren't apples to apples.
When people talk about square footage of Waterside and whatnot, I
think, you know, for the sake of just brevity, that's not an
apples-to-apples thing. It depends on height and lots of other things.
So just sort of looking at the numbers isn't, you know -- just
looking at this, I don't know that it's larger than the Amazon plant.
The math might work out that way. But when you look at the actual
footprint and the height and everything, it is quite a bit different.
But is there anything you can show us that maybe you did kick
around as being sort of the thing that you could live with the least? I
mean, sometimes getting something a lot less than what you want is
better than getting nothing. And so, I think you realize that, and
that's why Mr. Davies was astute enough that when -- the last time
we met, I don't think he -- he didn't feel like he had the support of the
majority of us. He quickly left here, and then we were -- with our
suggestion. And I was hoping that I would see something quite a bit
different, although there are -- there are flashes of differences in here
by quite a bit, landscape and setbacks and things like that.
But what can you -- what can you tell us? Do you have any
hidden slides in your presentation here that might have some of us
hate it less?
MR. DAVIES: Mr. Chair, Mr. O'Herren would like to respond.
Thank you.
CHAIRMAN LoCASTRO: Yes, sir.
MR. O'HERREN: Here's what I'd like to show. This is what
the neighbors suggested. Have a CubeSmart on the southern half of
the property and three houses. Well, we're pretty doggone close to
December 12, 2023
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that.
What we're proposing is only going 100 feet past this line right
here. We've squished all this down. We made this building bigger.
I would ask you, what's the difference if it's 130- or if it's 150- or
160,000? It makes a difference to us; it's math.
CHAIRMAN LoCASTRO: Right.
MR. O'HERREN: But I would tell you that -- new one that's
on --
CHAIRMAN LoCASTRO: 41 and Collier.
MR. O'HERREN: -- 41 and Collier is 199,000. The other one
that you approved in -- the other Estates, it's 135,000 square feet.
I have five-and-a-half acres. To just randomly say -- I'm
already agreeing to do 52 percent of the overall property is green
space. So the answer of 166-, 167,000 square feet, to make it any
different, it would have to go down 30-, 40-, 50,000 square feet, and
that just doesn't work.
So we've done all these other things. We've listened. We've
changed the entrance. I understand if you don't want anything,
nothing's going to work, but we can't make it 100,000. We can make
it 150,000. We would like to keep it like we are right here, be a
good neighbor, be a good servant to the neighborhood, do what we're
going to promise, and do and execute what we said, but to just
randomly say we need less square footage when we're only
encroaching 100 feet into the other property.
CHAIRMAN LoCASTRO: Okay, sir.
Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
If my memory is correct, I think I initially saw this probably
about nine months ago, I think -- yeah, about that, before you guys
even went to Planning Commission. And I have to admit that, you
know, I don't -- you know, the citizens that came and have spoken to
December 12, 2023
Page 155
me and what I've heard here in the last two hearings before us -- and I
listened to the Planning Commission hearing that day, too, you
cannot say they have not given or agreed to some things that you
have asked for.
Because in the first couple sessions I heard in the Planning
Commission, the majority of the concerns was the safety of the
children. The majority of the concerns was the street on 13th Street.
That was 90 percent of the concerns that you as citizens was
opposing at the Planning Commission.
And over time, until we got to where we are today, I believe
they have made some concessions, they made some big concessions
to satisfy what the neighbors are asking for.
And you can't compare -- once again, I get it. There's fires.
Like Commissioner LoCastro said, we all have cars in our garages
with gas in them. You know, we all have lawnmowers. We have
electric weed eaters with lithium batteries. I mean, that doesn't make
it unsafe to live in your home. You know, things happen. They do
happen.
But you showed a picture of a fire a few nights ago on a facility
that was probably built over 30 years ago. It probably has no fire
protection in it.
Do you know how many other businesses were burnt due to that
fire? Do you know any other residence that caught fire from
embers?
I mean, I could show you a lot of pictures of things, but that
don't mean it's what's really going to happen. And I know in today's
modern construction, these things are all taken into consideration
because of that, because the older structures are not sound, and they
do have fires. And, you know, our fire suppression systems, what
they're held to by code, are a lot different.
And, listen, I've been a police officer in this town for 20 years,
December 12, 2023
Page 156
and I've maybe responded to an issue at a storage unit or high crime
area -- is very, very, very, very low for this county. I don't know
what it is in Houston or the large metropolitan area where the police
officer or the gentleman said he worked. I can't compare that to
what we -- the service we provide here in Collier County when it
comes safety.
You know, so we do have to take those all into consideration
when we make our decisions up here. You know, we all raised our
right hand, and I take that true -- you know, I take that oath very
seriously.
And I personally checked the numbers on some of these
examples, and they were in the -- you know, the appraiser's website.
And when I saw the numbers, I was surprised that some numbers
were quoted here before me, and it's in plain view that the few
samples that were used were quite larger than what we're -- is being
posed to us today and being -- trying to say that they were a smaller,
you know, footprint.
So I take these things seriously. And when I first saw that lot, I
was surprised it wasn't a commercial lot just by where it sat and what
it's adjacent to and the four miles of commercial lots on that same
side of the street starting at 13th Street as you go south.
So I'm just telling you up here, I support this project, and I think
you have -- have made a lot of concessions from where it was nine
months ago. And like you said, you can't please everybody's
request. You can try as best as you can to please some of the
requests, and I think you've done that.
So that's my opinion on this project. I would support it moving
forward.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Okay. I'll go
from -- and I had one quick question. And did I hear that the
December 12, 2023
Page 157
buildings on the north lot, Mr. Boy Scout, are one story high?
MR. DAVIES: Correct.
COMMISSIONER McDANIEL: Okay. I concur with
Commissioner Kowal. The property's not conducive for residential
development in its location, proximity to a six-lane highway. I did
understand, I think in the last hearing, and maybe even again today,
that there's no construction access on 13th at all. All access will be
ingress and egress out on 951?
MR. DAVIES: Correct.
COMMISSIONER McDANIEL: You know, I agree as well
that the new codes, fire suppression, so on and so forth, will at least
reduce the risk of fire.
The height of the north buildings being held to one story would
be equivalent to the site plan that was shown with the three
single-family homes to the north and the 90-thousand-some-odd
square feet to the south.
The prohibition of no future expansion, I like that. The bus
stop on the developer's property paid for by the developer for the kids
and the parents to be able to park, the increase in side-yard setbacks
and the enhanced landscaping, those are huge from a site and sound
barrier as well as just overall aesthetics.
And then last, but not least, if we could put a button on the
coastal --
COMMISSIONER HALL: Contemporary.
COMMISSIONER McDANIEL: -- coastal contemporary-ism,
I think the architectural style will be an enhancement as well.
So, I mean, if we're okay, I'd be happy to make a motion for
approval.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I'm not going to support this project, and there's a couple of reasons.
December 12, 2023
Page 158
Again, I had mentioned earlier that the developers have found the
secret sauce to getting these types of projects done. They come in
for a site-specific change to the Comp Plan. And I think that sends a
message that the Comp Plan really is not something that is -- that's
seriously taken into account when these types of projects come in.
We amend it site specific, and I think we need to stop doing that.
The other argument that this is on a six-lane, well, we have a lot
of six-lane highways with a lot of residences on them, and if you use
that logic, all property adjacent to six-lane highways throughout the
county isn't really appropriate for single-family housing, and I don't
think that that's correct. I think that there's a lot of residences
with -- on two-and-a-half acre and five-acre lots adjacent to a lot of
six-lane highways. And Golden Gate -- I mean, not Golden Gate,
but Vanderbilt Beach Road is a perfect example. Immokalee Road
is a perfect example. And then, of course, you've got 951.
And the fact that there's a lot of commercial to the south, that's
fine, but I think there's a lot of residential to the north on 951 to the
north of 13th Street. I was a Boy Scout leader, so I think I got the
direction right.
And so I think that we're sending a message that any property on
a six-lane highway, regardless of what the Comp Plan says, is ripe for
commercial development, and I just don't think that's the right
message. So I'm not going to support this. I was also disappointed
that there wasn't a greater reduction in the square footage as well.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: I'd just like to bring it to the
attention that, you know, that this is not automatic just because -- you
know, you're saying we have a lot of residential on six-lane
highways. I mean, this doesn't mean that this is some carte blanche
that we're going to go change everything. This is a piece of property
that has a six-lane highway to the east, it has a FP&L power plant to
December 12, 2023
Page 159
the south, and it has an FP&L power plant to the west. It's a little
different than what a normal piece of property along a six-lane
highway would be. And I just wanted to make that clear that, you
know, that's -- we take everything and I take everything seriously,
and I take everything into consideration. I take that into
consideration that those do exist on this piece of property, and that
particular situation probably would not arise pretty much anywhere
on our other six-lane roads in Collier County. So I take that into
consideration, so...
COMMISSIONER HALL: Second the motion.
CHAIRMAN LoCASTRO: I'm going to support this project,
but I want to clarify a couple things.
I would have liked to have seen it a little bit smaller, but I think
as commissioners we have to sit up here and look at the big picture.
And so I strongly feel that the improvements that have been
made -- I mean, I can tell you, I've got a lot of storage units in my
subdistrict, quite a few of them, that were built well before I took
office. And seeing the setbacks and the landscape and everything,
this would be a dream in some of the areas of my district.
I'm not saying it would be perfect. I'm not saying it's perfect.
But I think, you know, we have to be astute enough up here to sort
of -- to weigh all of the things. And you don't always get every
single perfect thing you want, but there's quite a bit of things here.
And, you know, we've said before up here, when we have
something in front of us that's a good project by a good developer,
you know, be careful what you turn down, because something comes
up to us six months later, and you don't have somebody that is willing
to do all these things, and we're still in the same boat.
So I think -- did somebody make a motion to approve?
Commissioner McDaniel made a motion to approve.
COMMISSIONER HALL: I seconded.
December 12, 2023
Page 160
CHAIRMAN LoCASTRO: Commissioner Hall, second. So
I've got a motion from Commissioner McDaniel to approve and a
second from Commissioner Hall. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN LoCASTRO: So it passes 4-1.
MR. DAVIES: Thank you, Commissioners.
CHAIRMAN LoCASTRO: The only thing I'll say to the
developer, and we've said this before to others that walk out of here,
you know, continue to stay plugged in with the citizens. They might
not all like you, but just because we approved it today doesn't mean
it's over and done. We're going to follow this project closely. And
so really look forward to you setting the standard.
And if there's little tweaks along the way in conversations or
whatnot, I feel confident that we've got the right team there.
MR. O'HERREN: Thank you very much. We appreciate it,
and we'll do a good job for you guys.
COMMISSIONER HALL: Chairman, can I make a
recommendation?
CHAIRMAN LoCASTRO: Yes, sir. Go ahead,
Commissioner Hall. I'm sorry.
COMMISSIONER HALL: We have AUIR and surtax still to
go, but we have the FC Naples guys here waiting to present, so I'd
like to hear them, if it's possible.
CHAIRMAN LoCASTRO: How long will that take? Because
we're sort of at -- well, past a court reporter break, but --
MS. PATTERSON: So we should take the court reporter
December 12, 2023
Page 161
break. We do have -- besides the sports complex folks, we do also
have one more public hearing related to Marco Shores. So we'll try
to order these up, and we'll take the AUIR last.
CHAIRMAN LoCASTRO: Do you want to come back here at
3:10, just, you know, minimal break, 3:10?
MS. PATTERSON: Yes, sir. Thank you.
(A brief recess was had from 2:58 p.m. to 3:10 p.m.)
MS. PATTERSON: Chair, you have a live mic.
CHAIRMAN LoCASTRO: Okay. We're going to move to
9E.
Item #9E
ORDINANCE 2023-70: AN ORDINANCE AMENDING MARCO
SHORES GOLF COURSE COMMUNITY (MARCO SHORES)
PLANNED UNIT DEVELOPMENT (PUD), ORDINANCE
NUMBER 81-6, AS AMENDED, TO INCREASE THE MAXIMUM
NUMBER OF RESIDENTIAL MULTI-FAMILY DWELLING
UNITS FROM 1,580 UNITS TO 1,670; ADJUST OFF-STREET
PARKING STANDARDS, AND ADD AN AIRPORT DISCLOSURE
AND PERMITTING COMMITMENT; FOR PROPERTY
LOCATED NEAR THE MARCO ISLAND EXECUTIVE AIRPORT,
ON THE NORTH SIDE OF MAINSAIL DRIVE AND 1.7 MILES
EAST OF COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP
51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20220003791] (DISTRICT 1) - MOTION TO APPROVE
W/PETITIONER CONTRIBUTION OF $50,000 WHEN AN MSTU
IS CREATED AND THEN GO FORWARD WITH THE 31% OF
TAXABLE VALUE IN THE FUTURE BY COMMISSIONER
HALL; SECONDED BY COMMISSIONER LOCASTRO –
ADOPTED
December 12, 2023
Page 162
MS. PATTERSON: Yes, sir. Item 9E requires that all
participants be sworn in and commissioners provide ex parte
disclosure.
This is a recommendation to approve an ordinance amending
Marco Shores Golf Course community Planned Unit Development
Ordinance No. 81-6, as amended, to increase the maximum number
of residential multifamily dwelling units from 1,580 units to 1,670,
adjust off-street parking standards, and add an airport disclosure and
permitting commitment for property located near the Marco Island
Executive Airport on the north side of Mainsail Drive and 1.7 miles
east of Collier Boulevard in Section 26, Township 51 South, Range
26 East, Collier County, Florida.
First, Commissioners, any disclosures.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: I have meetings and emails.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: I had the same.
THE COURT REPORTER: Your mic.
CHAIRMAN LoCASTRO: Meetings and emails.
COMMISSIONER SAUNDERS: I had the same thing, emails
and --
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes, meetings and emails.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: Same, same.
CHAIRMAN LoCASTRO: Okay. I had meetings and emails
as well.
MS. PATTERSON: And we need all participants, please, to
stand to be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
MS. PATTERSON: Thank you. Mr. Davies.
December 12, 2023
Page 163
MR. DAVIES: Thank you, Madam County Manager.
Well, good afternoon again. For the record, Noel Davies with
the law firm of Davies Duke. I promise I will try to get my
directions correct this time.
COMMISSIONER McDANIEL: No worries.
MR. DAVIES: This matter is on behalf of SK Holdings Real
Estate, LLC. Some introductions first. I have with me this
afternoon Jonathan Kassolis, my client representative. Mr. Kassolis
and his family are local legacy developers based here in Naples.
They've been here for a long, long time. They've built a number of
high-quality projects, and they are accustomed to managing their
projects after construction as long-term holds.
Chris Scott is here. He is our certified planner with Peninsula
Engineering. John English is our civil engineer, and Norman
Trebilcock is our transportation engineer.
The subject property is located at the end of Mainsail Drive
immediately adjacent to the west of the Marco airport. Our request
today is an amendment to the existing PUD called Marco Shores.
The PUD covers approximately 314 acres. My client is seeking to
add 90 market-rate apartment units which results in a density of 5.3
units per acre across the PUD.
The PUD is currently approved for 1,580 dwelling units, which
is five units per acre, and our request would increase that to 1,670
which, again, is 5.3 units per acre.
The subject property would be Phase 2 of what's known as the
Mainsail Apartments. Phase 1 completed construction in July of
2022, and it has leased up quite quickly. There is, however, still
significant demand for market-rate apartments, particularly in this
part of the county.
The subject property was previously owned by the City of
Marco Island. It was used as a utilities wastewater treatment plant
December 12, 2023
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and related uses. Utility use and corresponding improvements were
discontinued and removed from the property between 2018 and 2020,
at which time the City of Marco put the property up for sale, and it
was recently purchased by my client.
Your staff has reviewed our petition and is recommending
approval. We received a unanimous recommendation of approval
from the Planning Commission, and they did ask that we meet with
the neighbors as well as representatives from the county and the
airport. We did that. In fact, we have had numerous discussions,
meetings, phone calls with the neighbors since the Planning
Commission. We've also had the meeting with the neighbors and the
representatives from the county and airport.
In the discussions with the neighbors, the primary concern,
really their ask was that my client landscape the median for the lion's
share of Mainsail Drive. It's approximately a 1.3-mile stretch. My
client's not willing to landscape the entirety of that; however, they are
certainly willing to participate in a petition to the Board to create a
Multiple Service Taxing Benefit Unit, MSTU, for Mainsail Drive.
We also discussed with the neighbors a potential monetary
contribution to help offset some of the installation costs of the
landscaping. We were hopeful to work out an agreement with them
in advance of today. I know that they're here today, so I'll let them
share with you their thoughts. We were working towards some sort
of cost-sharing agreement where my client would agree to share in
the cost of a future MSTU and, again, pay for some of the
installation, not the entirety of it, but certainly his proportionate share
and even more than that.
So an agreement was not reached in advance of today despite
our efforts but, again, we remain willing to do what we can to
participate in any future median landscaping project which I believe
is their primary concern and request.
December 12, 2023
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With that, I would like to turn it over, if I may, to Chris Scott,
our client's professional planner, who will walk you through the rest
of the presentation.
Thank you, Commissioners.
MR. SCOTT: Thank you. For the record, Chris Scott with
Peninsula Engineering. I am a certified planner, and I'll be as brief
as possible. I know it's been a long morning, and you still have quite
a bit on your agenda.
Again, this would allow -- this proposed PUD amendment to the
Marco Shores Planned Unit Development would allow for the Phase
2 of the Mainsail Apartment project for an additional 90 market-rate
units. Based off of the Transportation Impact Statement, that would
equate to an additional 35 p.m. peak-hour trips.
As Noel had mentioned, the Master Concept Plan would need to
be updated. The site was designated for utility and park, although
the entire site was only ever used as a utility site with the City of
Marco Utilities. So it would be redesignated to match the existing
apartments as a residential parcel to a designation.
I'd also like to note, obviously, we are right adjacent to the
Marco Executive Airport, so we are within the airport overlay. We
have included a couple of developer commitments related to that.
Per the overlay, the maximum height that would be considered an
obstruction is 100 feet above the runway elevation. The PUD
currently limits the height to a maximum 58-foot zoned height or
72-foot actual, so it would be below that obstruction. The developer
commitments would require notices to renters within the apartments
that they may experience noise/vibrations because they are adjacent
to an airport and would require the developer to provide any of the
FAA obstruction permit information to the county at time of Site
Development Plan.
The PUD amendment request is consistent with the requirements
December 12, 2023
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for an amendment to a PUD. The land is suitable. Again, it's no
longer going to be utilized as a utility site, so redesignating the
Master Concept Plan for residential use is ideal and suitable with the
surrounding development. It does conform with the Growth
Management Plan.
This second phase has the same design team as the first phase;
the same architect, same engineering, most likely will use the same
contractor and builder for it. So it will match aesthetically with the
first phase and would be an integrated development.
The PUD still maintains the required open space throughout the
development. There is the ability to accommodate this expansion,
and it will conform with all of the development regulations within the
Planned Unit Development.
So with that, I will note county staff and both the Planning
Commission have recommended that this go with a recommendation
of approval -- or recommend that this be approved, and I'm available
for any questions if you have them.
CHAIRMAN LoCASTRO: Where's Mr. Bosi? Is he here?
Sir, why don't you give us your official take on what they're
requesting and how it coincides with other things we've done in the
area and how it's cohesive to Mainsail Drive.
MR. BOSI: Mike Bosi, Planning and Zoning director.
As indicated within the applicant's application, the CCPC did
recommend approval to the Board of County Commissioners. Staff
is recommending approval to the Board of County Commissioners.
We think 90 additional market-rate units has value within an
area that has a lack -- or a shortage within housing choices.
The one issue that remains, and it's somewhat outside of the
planning considerations, was the landscaping within Mainsail Drive.
We most certainly recognize that the applicant has an obligation to
participate within the proportionate share of those improvements.
December 12, 2023
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One of the things I think that has left the residents somewhat
dissatisfied was the original approval of this PUD did not require the
developer to install the landscaping. It was a suggestion that the
landscaping could be installed. It was never completed by the
original developer, and that's where I think the issue has been.
I know there's been conversations between the applicant -- the
applicant, our transportation staff, and the neighbors in terms of what
that arrangement could be. But what -- the final resolution of those
negotiations, we haven't had a final resolve on it, but --
CHAIRMAN LoCASTRO: We're about to.
MR. BOSI: Yeah. From a planning standpoint, we think it
makes sense to add these additional 90 market-rate units in addition
to the 100 that have been developed as part of the first phase. We
think there's capacity within the road system. So, finally, it's just a
matter of the -- working out the final negotiation between --
CHAIRMAN LoCASTRO: When I hear "market rate," to me
that just means full price. Was there ever any discussion about, you
know, affordable units or first responders or --
MR. BOSI: There was some discussion with the applicant early
on, but it was pointed out to you, this is based upon a settlement
agreement. Over 1,900 units were vested to this property.
CHAIRMAN LoCASTRO: Yeah.
MR. BOSI: So they're not asking for an additional density
above what --
CHAIRMAN LoCASTRO: Right.
MR. BOSI: -- they're provided for within the Growth
Management Plan. So following the existing policy, there's
no -- there's no leverage towards where we say, you know, let's have
an affordable component of it.
CHAIRMAN LoCASTRO: Right.
MR. BOSI: So with that, like I said, it's vested for more than
December 12, 2023
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what they're asking for. They're asking for 90. We think that fits
within the profile of the parcel. So from that standpoint, we are
recommending approval.
CHAIRMAN LoCASTRO: Although, I know the units that are
already there, we have a lot of, you know, I guess, like, blue-collar
workers and a lot of people that live down there, you know.
MR. BOSI: That's who we would hope that would occupy
these next 90 units, because we know that, you know, workforce
housing --
CHAIRMAN LoCASTRO: The market rate of those units isn't
5,000 a month, you know. They're a more affordable range.
Okay. We'll get to the landscape piece in a minute.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Just a quick question. Is
there any other land available for development here? Because I
know they've got a cap of 1,670 units.
MR. BOSI: 1,670 is what their cap is. There's still an
additional -- there's still probably an additional 200, 300 units that are
just kind of left over, but that's not unfamiliar with a lot of your
existing PUDs that do not maximum their total amount.
COMMISSIONER McDANIEL: Don't actually consume their
vestiture.
MR. BOSI: Yes.
COMMISSIONER McDANIEL: Now -- and of course, the
golf course conversion ordinance would come into play if somebody
decided to swap that golf course out for something else?
MR. BOSI: Correct. And this is a PUD, so there's a little bit
more integration between that golf course and the overall
development that's acquired -- or happened since then.
COMMISSIONER McDANIEL: Thank you.
MR. BOSI: Yep.
December 12, 2023
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CHAIRMAN LoCASTRO: Okay. I mean, let's get into the
landscape piece because, I mean, there's a little bit of disinformation
floating around. This is in my district. I've heard from a lot of the
citizens, met with a lot of the citizens, met with the applicant. And, I
mean -- and mostly met with you and with Ms. Scott. So, Trinity, if
you want to come up here as well. I mean, some of these things
we're going to talk about here, we already know here, but for the sake
of this, you know, formal vote, it's not realistic to say the county
needs to do -- you know, make the landscape on Mainsail Drive look
like Naples Botanical Garden. And I'm not saying that's what the
citizens are asking for, but there's -- you know, we can do anything,
but we can't do everything, and there's some very specific rules on
how the landscape can work.
I mean, when I've met with the developer, it seems like they've
been very amenable. I won't say super generous, but for their fair
share, and that's how it should work.
Trinity, give us the short version of -- so, yeah, that stretch of
road, the county's not going to invest $2 million -- or whatever the
number is, and I'm just throwing something out -- on landscaping it
from Collier Boulevard all the way down to the airport. The
developer's not going to landscape it from Collier Boulevard all the
way down to the airport.
Give us the short version of the right way that it could be done.
We talked about this in my office yesterday, but for the sake of
everybody else.
MS. SCOTT: For the record, Trinity Scott, Transportation
Management Services department head.
This particular roadway is not eligible for landscaping through
the landscape beautification plan. That is limited to arterial
roadways at the request of the Board, at the direction of the Board to
install and maintain.
December 12, 2023
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There are two mechanisms that could be utilized to add and
ultimately maintain landscaping along this corridor. One is a
landscape maintenance agreement. One already exists at the
beginning of the roadway near Collier Boulevard where you see the
flagpole. There is a homeowners association in that area that has
stepped up to the plate. They entered into an agreement with the
county. They funded the landscaping; they maintain that
landscaping.
The other mechanism that has been used around the county is a
Municipal Services Taxing Unit which is developed typically through
a petition process where 50 percent plus one of the impacted
residents would come together, they would sign a petition, we would
bring that in front of the Board, and the Board would invoke an
MSTU where these folks would tax themselves above and beyond
their traditional tax bill to install and ultimately have the perpetual
maintenance of that landscaping.
Typically, when we have an MSTU, we develop an advisory
committee that's made up of a section of those residents, and they
would work with one of our project managers to develop what the
project would look like, and then as the funding came in, we would
let projects and get those designed and constructed.
CHAIRMAN LoCASTRO: I mean, to the citizens that are here
and everybody that's watching, I mean, I'd love nothing more than to
be able to say, landscape it all and the county will pay for it. But,
realistically, the county doesn't pay for landscaping; taxpayers do.
And I've got dozens of Mainsail Drives all over District 1, and
so I'm really cognizant of precedent and doing something that
would -- and first of all, I wouldn't get the support of the
commissioners because it wouldn't be the right thing to do. They
have dozens of Mainsail Drives all over their districts as well.
So the reality is the MSTU is really the -- in my opinion, the
December 12, 2023
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way to go. And it takes some steps; it takes some work.
Sometimes, you know, citizens just say, just bring out the plants, and
it doesn't work that way either.
When I met with the developer, they were more than willing to
step up to the plate to sort of share the load. And so it's a combined
team effort, but that's the way it's really supposed to work. And on a
road like that, which is so similar to so many other ones in all of our
districts, it has to work that way. So that at least lays the
groundwork.
Troy, how many public speakers do we have?
MR. MILLER: Sir, I have three registered speakers here in the
room and one on Zoom.
CHAIRMAN LoCASTRO: Okay. Let's hear from the
citizens.
MR. MILLER: Mark Wagner, and he's been ceded three
additional minutes from Carolyn Stiffler.
Carolyn, could you raise your hand.
(Raises hand.)
MR. MILLER: He will have a total of six minutes, and he will
be followed by David -- I'm guessing this is Wuellner? Wuellner.
MR. BEATTY: Dave left sick. So could we have a
replacement for Dave?
MR. MILLER: I will just need to have him come up here, if
you could, right now, sir, and give me your actual name; we can
change that. You have six minutes, sir.
CHAIRMAN LoCASTRO: Was the meeting that bad? He got
severely ill? Because, like, three of the five of us are ill right now
from --
MR. WAGNER: My notes said, "Good afternoon,
Commissioners."
CHAIRMAN LoCASTRO: Yeah, maybe four.
December 12, 2023
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MR. WAGNER: I might say good evening.
My name is Mark Wagner, and I'm the board president of Tropic
Schooner.
CHAIRMAN LoCASTRO: Mark, can I just say one thing?
Thank you so much for, like, your emails and how involved you are.
You've sent me a lot of things, and, you know, we've probably traded
some notes, and you've inspired some other people to converse with
me and the staff and whatnot, and that's what we look for as citizen
engagement.
I don't know if you're going to walk out of here with everything
that you want, but sometimes we get very little citizen engagement,
and then they're upset with the decision. You've really been
involved, and I really appreciate that.
So hopefully, you know, we're going to come to some sort of
agreement here on the landscape, because we want it to look
beautiful, but we just can't throw free stuff out there, but I think you
realize that by the professionalism of the notes that you sent me. So
I really respect that.
MR. WAGNER: Thanks. Commissioner, thank you.
I'm a retired landscape contractor, so I -- 40 years of my life
working with --
CHAIRMAN LoCASTRO: That makes sense because the
terminology in here is very well-written, very well-written.
MR. WAGNER: You know, I used to tell customers that, you
know, all you need to tell people are, you know, a picture and a price.
And if I could pass these out. I mean, this is the picture of the
median strip I'd like to see.
CHAIRMAN LoCASTRO: Well, you could put it on the
visualizer there. Ms. Patterson will show you how to do it.
MR. WAGNER: So, like I said, I'm the board president of
Tropic Schooner. I was asked by our resident committee to be the
December 12, 2023
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liaison for communications with SK Holdings represented by John
Kassolis.
What the residents of Mainsail want is a fair and equitable
agreement that includes the completion of a median strip streetscape
from Hammock Bay to Marco airport. We don't think it's
unreasonable, given the ask -- the value the developer will gain once
approved. Pardon me.
I wanted to discuss two points: The offer from SK Holdings
and, also, is this a viable project even with this request? I was asked
by our committee to seek bids from local landscaping and irrigation
contractors.
As a starting point, I asked for quotes for 246 royal palms at
25-foot centers. Included in this planting would be a full irrigation
and uplighting on each tree. The range in quotes was from 306,000
to 500,000.
Offering price quotes is risky. We have no idea of what the
county would require in terms of curbing, and it doesn't take into
account any type of mechanical work of plumbing, electrical, or
permitting costs.
Our discussions with Collier County office is FDOT would also
be involved with approvals as well as the county.
The group did meet, by recommendation of the Planning
Commission, on a Zoom call with airport and county representatives,
John Kassolis and his attorney, Noel Davies.
The county and airport authority said they had no money to
contribute. The community then asked SW Holdings to pay for the
entire project. The offer that was received was a $50,000 in-kind
donation towards the project and an MSTU contribution which would
be 31 percent of the apartment's taxing unit. We came up with a
number of 306,000. So 31 percent of the 306- was $95,000. So it
gave us a total contribution of $145,000.
December 12, 2023
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It should be noted that the SK Holdings' 145,000 contribution
would be 47 percent of the project. Forty-five percent of Mainsail
Drive is from the entrance of Tropic Schooner to the airport. So
55 percent is west of the airport; 45 percent is from the Tropic
Schooner entrance to the airport, meaning there's a big chunk of it
that -- also, as far as taxing authority, Marco -- City of Marco airport
doesn't pay any tax, so that kind of complicates the MSTU.
But -- so it should be noted that the SK Holdings' $145,000
contribution would be 40 percent of the project -- 45 percent, like I
said. So, really, the tangible benefit that the residents of Mainsail
receive is 2 percent of the project, being that 45 percent is already
basically their driveway back to the airport.
John Kassolis, president of SK Holdings, stated that this project
cannot support the entire cost of the median strip and that is why he
can only contribute the $50,000 as an up-front expense. Our
committee has done some search and believe that SK Holdings can
afford our request. The developer is really asking for 90-unit
dwelling credits.
The appraisal of June 28th, 2021, requested by the City of
Marco and completed by Integra Realty Resources shows the two
properties worth a total of $2.15 million for 72 building units.
The contingency of this bid was a 12-month due diligence clause
to have the project approved. This was the offer that was submitted
to the City of Marco in 2021.
On September 20th, 2021, Jeff Poteet sent a staff
recommendation that the City Council accept the offer based on the
input from Collier County. The PUD density is available. An
amendment that changed the zoning from utility to residential is
possible through the county application and review process.
The city will work with the buyer to apply for the PUD
amendment and secure the approval for the desired development of
December 12, 2023
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72 units at the buyer's expense. If the density credits have to be
purchased from another developer, it will be the responsibility of the
buyer to purchase the density credits. That was a quote from Jeff
Poteet to the committee.
On 12/6, John Kassolis spoke at the City of Marco Council
meeting and stated that 20- to $30,000 was his expectation for density
credits based on conversations with the owners of the credits.
At the Council meeting on January 24th, 2022, the
commissioners decided to reject the SW Holdings bid of $2.5 million,
that they repost the bid as-is. Casey Lucius was the assistant city
manager, and she recommended that the city not pursue offers from
SK Holdings and rebid the project without contingencies.
SK Holdings subsequently offered $200 above the appraised
park -- value of parkland. On 3/7, Council meeting accepted the bid
of $748,200 and spoke -- and John spoke to the desire to pursue 71
building units. The present request is for 90 units.
Our community request is very simple: Make the approval to
require the Land Development Plan to include the median strip from
Hammock Bay to the airport. With density credits cost of close to
$30,000 each, the community believes that a median strip is not too
much to ask when we are talking about a $2.7 million value.
Okay. End of my speech.
CHAIRMAN LoCASTRO: I mean, I know where you're
coming from, which is, wow, this developer's going to make money
hand over fist, so why don't you just, you know, throw us a gift, and,
you know, landscape everything because you're going to get your
money back tenfold anyway. I mean, I will tell you, even as the
commissioner of that district, I'm very sympathetic in trying to find
the best possible solution.
But asking them to landscape everything from Hammock Bay
all the way to the airport -- I mean, you can ask it. But I will just
December 12, 2023
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say, the precedent that that -- I mean, if they would like to do that, by
all means, I would love it. But it's a little bit above and beyond what
we would ask of any developer. And even though they might be
investing in that area and they're going to make money, it's a little bit
of apples and oranges or apples and chairs; that we don't sit here and
say, well, because you're going to make a lot of money, we also want
you to put in a park and a dog park and -- you know, and golf course
and this, because you're going to get that money back anyway. And
I'm overreaching, but we get that ask a lot.
I mean, I'm very familiar with that area. I drive that area a lot
because I visit the airport a lot, and I have friends that live on that
stretch. When you were talking about the royal palms, you know
that those could not be installed, right? So I might have missed it in
your presentation.
MR. WAGNER: Yeah. I mean, that was just a --
CHAIRMAN LoCASTRO: So -- yeah, because then the
medians would have to be widened, and there's a whole thing. So
we're not talking about that type of landscape there.
But I think we're going to have to find some common ground
here. You know, the MSTU is normally what all the other
neighborhoods do, and it might not be what you want to do, and you
would just like the developer to go from Hammock Bay all the way
to the airport but, really, our authority and our jurisdiction doesn't,
you know, allow us to require them to do that, and it would be above
and beyond precedent to, you know, an area that's that far away from
sort of their, you know, hunk of land.
I mean, anybody can say yes to anything, and that's part of the
negotiations that you all have. And, obviously, that wasn't
something you could get them to come to the table and do.
But I think you-all are pretty close on the landscape. So let me
just ask you this: Give me a summary of where you think you are.
December 12, 2023
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Everything -- you know, what you said in the beginning is not really
realistic of having the county or the landscaper just do it all and say,
thank you, because also it has to be maintained, and there's -- that's
why we have a very formal process in the county of going through an
MSTU, and so that it's not just, oh, they planted all the plants and
then they left and then six months later everything's dead. It has to
be a program, not just a planting. So where do you think you are
from the negotiations that you've had? What do you think's
realistic? What would be your proposal that would be realistic?
And we'll sit here and start peeling it back and see what we can -- if
we can come to an agreement.
MR. WAGNER: Well, I know the rest of my committee
probably wouldn't agree with me, but, you know, I feel that we
should be landscaped to Schooner Way, you know, and let the
developer and the airport authority and even Marriott -- I mean, they
have a lot of frontage on that road, and they seem to be sort of, you
know, absent to this whole process.
So, I mean, you know, the City of Marco -- the airport spent,
what, $6 million, you know, on their renovation and not a penny on
their gateway, you know, into the -- into the airport? I mean, I feel
that the airport is really something that needs to pitch in. I mean,
you know, I feel that the developer can pay to our entrance, which is
maybe 165,000.
CHAIRMAN LoCASTRO: So your proposal is all those
entities you just mentioned and nothing from the citizens? The
citizens would --
MR. WAGNER: Well, we would accept the MSTU on a
maintenance project moving forward, which we would have to do,
but, you know, once again, the MSTU, the airport doesn't pay any
tax, you know. So maybe if the airport even paid for the water, you
know, and the irrigation system; its reclaimed water comes down that
December 12, 2023
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road. I mean, I --
COMMISSIONER McDANIEL: Can we -- I don't mean to
interrupt, but there are other public speakers that -- and he's not the
primary negotiator with regard to this. We have other public
speakers.
MR. WAGNER: I was the liaison.
CHAIRMAN LoCASTRO: Okay. We can still ask him
something.
Okay. So I hear you. Okay. We'll come back to you. I
mean, I know you are one of the primary negotiators between the
citizens. So who else do we have, Troy, as a public speaker?
MR. MILLER: Your next speaker is Bruce Beatty, or Beatty.
I'm not sure how to pronounce that, and he will be followed on Zoom
by Gary Ceremuga.
CHAIRMAN LoCASTRO: Have you got somewhere to be
tonight or something?
COMMISSIONER McDANIEL: No.
CHAIRMAN LoCASTRO: I'm just kidding.
MR. BEATTY: Hello. My name's Bruce Beatty. Dave
Wuellner was supposed to make this presentation, but he became ill
at noontime, so he asked me if I'd read some of the points that he was
going to make.
Now, some of the ones he was going to make Mark has already
gone over, so I'm not going to waste everyone's time.
But one of the things that David wanted to mention was that
when the original POD [sic] for the Hammock Bay development on
Borgeware (phonetic) Drive, the developer, WCI, was required to
landscape the same median in exchange for their long-allowed -- for
being allowed to build three-story condo buildings years ago. The
landscaping never materialized because WCI went bankrupt after the
condo project was completed.
December 12, 2023
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In those days, the developer was not required to put up a bond
for the required open work, so here we are later still wondering
whether Collier County will recognize the need for a safer roadway
for the many walkers and bicyclists who use this road.
In conclusion, he did say that given that this project entails PUD
master plan change in density, a zoning change, an increase of a
couple hundred cars and a $2 million equity boost to the developer,
we don't feel that a 350- to $400,000 investment in landscaping
would be an unreasonable tradeoff. In fact, we believe that it will be
a fair and equitable tradeoff considering the impact that this
development will have on our community.
Thank you.
CHAIRMAN LoCASTRO: Who's next, Troy?
MR. MILLER: Mr. Chair, our final registered speaker is on
Zoom, Gary Ceremuga. I spoke to Mr. Ceremuga yesterday. He
intended to be here with a visual aid. He's had another gentleman
come that's going to stand up and hold his visual aid in front of the
podium over there. Mr. Ceremuga --
CHAIRMAN LoCASTRO: He's got a lot of power.
MR. MILLER: He does, and --
CHAIRMAN LoCASTRO: Sitting at home on his couch, and
he's got a visual aid holder?
MR. MILLER: He was -- he was -- well, he's not local at the
moment. He was concerned about his connection.
Mr. Ceremuga, I see you're unmuted. Let's try this out, sir.
MR. CEREMUGA: Yes. Can you hear me?
MR. MILLER: Yes, sir.
MR. CEREMUGA: Can you hear me?
MR. MILLER: Yes, sir.
MR. CEREMUGA: Okay. So I am Jerry Ceremuga. I'm a
19-year owner and resident of Mainsail Drive, and over the
December 12, 2023
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years -- and I'm sorry. Some of this is probably going to be
duplication. But over the years, our quiet dead-end street has been
very inviting and popular for on-road walking, dogging, and bike
riding. It's become our Marco Shores lifestyle. It's hard to ignore
the significant increase in traffic from the new 100-apartment homes
racing up and down our curvy, winding one-mile roadway.
Add another 90 homes and traffic from another 180 cars, and
you can understand our safety concerns. Collier County's own
studies have proven -- and I quote Collier County -- the benefits of
median strip landscaping have been directly related to traffic calming.
There are very good reasons people buy their homes on
dead-end streets and in Planned Unit Developments, not the least of
which are safety and certainty. The petition to amend our PUD
bylaws and rezone this property changes that. Amending the PUD
request typically comes with consideration for the impact on the
community. If approved, we respectfully request our commissioners
have the developer landscape the median as a buffer to calm the
traffic from the nearly 400 cars from this apartment complex, at least
from the Hammock Bay entrance to the Tropic Schooner entrance.
That's only about half of the roadway from Hammock Bay to the
Airport.
So if we back off of going from Hammock Bay clean to the
airport and just go to Tropic Schooner, which is what's being
impacted, then I feel that's fair. The Planning Commission did vote
to approve, with an amendment, that the petitioner, Marco Shores
residents, the airport authority, and the county come to an agreement
for the Mainsail median. We did not come to an agreement.
But our Marco Shores neighborhood realizes the benefit to this
beautification and the benefit to traffic calming, and we do offer to
set up an MSTU, and hopefully the Board would help us do that for
future maintenance. But we don't have a way to initiate this project.
December 12, 2023
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We've had a couple of meetings that have generated a meager
$50,000 offer from the developer, and that's when (unintelligible)
could reach in the tens of millions of dollars with annual rental
income of two-and-a-half million. We're not asking for much.
Estimates that were (unintelligible) were in the 3- to $400,000
range. It could be almost half of that if we just back off and accept
what's being impacted, our neighborhood, from Hammock Bay to the
Tropic Schooner entrance.
We feel this is fair, reasonable, and in proportion to the impact
on our once quiet, tranquil neighborhood. We are appealing -- and
that's why my friend and neighbor, Larry Slater, is there. We're
appealing to the Collier County Land Development Code on display,
it's on the poster display --
CHAIRMAN LoCASTRO: Sir, please sum up, if you can.
MR. CEREMUGA: Yep. In summary, to foster and preserve
public health, safety, comfort, and welfare and in consideration of the
interest of the taxpaying citizens of Collier County.
Thank you, Commissioners, for your consideration for the
Marco Shores taxpaying citizens.
COMMISSIONER McDANIEL: Good job.
MR. MILLER: That was our last registered speaker.
CHAIRMAN LoCASTRO: Thank you, sir. You may be
seated.
I mean, realistically, we're voting on the construction. The
landscape is the -- sort of the loose end here.
So, I mean, you know, the motion to approve the construction
project is what we're voting on.
Mr. Davies, can you just come back to the podium. What's
your final proposal of what your applicant -- of, you know, what your
client is prepared to do on the landscape? You know, we're voting
on the construction, but in the end it is all -- you know, it is all part of
December 12, 2023
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the project. What is possible on your side?
I mean -- and we heard two or three different options:
Hammock Bay to the airport, Hammock Bay to Schooner, Hammock
Bay to -- give us your final assessment of what investment your
client's willing to make.
MR. DAVIES: Thank you, Mr. Chairman. Mr. Kassolis
wants to answer directly, so I'll let him do that.
MR. KASSOLIS: Chairman and Council members, my name's
John Kassolis, president and CEO of SK Holdings development.
My offer was the $50,000 initially and -- then take that out for a
second. Plus, whatever the fair market value of the two buildings
was in comparison to the rest of the MSTU form. We calculated that
to be an estimated 31 percent of the total value, taxable value in the
MSTU. So it was 30 percent, 31 percent of what Mr. Wagner had
suggested of $307,000 plus $50,000.
CHAIRMAN LoCASTRO: Fifty, right, yeah.
MR. KASSOLIS: So it's about half of the -- you know, I mean,
I'm not saying I'm paying for half of it, but I'm saying that if that
estimate turns out to be true, I would be paying for half of the
development of that.
CHAIRMAN LoCASTRO: And it would go from where to
where? What's the --
MR. KASSOLIS: Well, I mean, it would go --
CHAIRMAN LoCASTRO: I mean, in the end, it would be the
whole thing?
MR. KASSOLIS: Yeah. I mean, we would want everybody to
participate. I mean, we want to be a good neighbor, but we -- I
mean, we don't really want to pay just for from Collier Boulevard to
Tropic Schooner. If we're going to do this, we should do the whole
thing.
CHAIRMAN LoCASTRO: Right. But it needs to be a shared
December 12, 2023
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cost between --
MR. KASSOLIS: Absolutely.
CHAIRMAN LoCASTRO: -- all the folks that are there.
MR. KASSOLIS: Absolutely, and I'm totally willing to do that.
CHAIRMAN LoCASTRO: And one of the things I'll tell the
citizens is that's the way it works in all the other neighborhoods as
well. So, you know, we try to make sure when we vote on things
here that it does have precedent and that we don't say, well, this is
special and, you know, we're going to penalize you and make you
pay for the whole thing because you're going to make some profit on
the apartments. You know, maybe some people would love us to do
that, but that's not necessarily how it works.
MR. KASSOLIS: And the $50,000 was not a token gesture. It
was seed money to this MSTU, once formed, that it could give it a
little bit of boost, we could get something going, you know, right
away, and then as the tax money trickled in, we could continue to,
you know, beautify the median.
CHAIRMAN LoCASTRO: So to the County Manager, let me
just ask you this: Can we vote on the structure, and then this
landscape negotiation and setting up the MSTU, that could be
something that continues to be discussed? Because we're
not -- they're not really tied together. I mean, I know that we could
tie them together, but they don't need to be. What's your
recommendation?
MS. PATTERSON: I'm looking at the County Attorney,
please, Jeff.
MR. KLATZKOW: If I understand, the applicant is offering
50,000, and it will be part of the MSTU if and when formed. You
could put a provision in these documents that if and when an MSTU
is formed, then at that point in time they'll contribute the 50,000.
CHAIRMAN LoCASTRO: Well, it's 50,000 plus they would
December 12, 2023
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contribute --
MR. KLATZKOW: Well, they're part of the MSTU, so
whatever it is, it is, because we go by taxable value.
CHAIRMAN LoCASTRO: Right. Okay. And that would be
part of the motion that we would make to approve this project.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Well -- and I -- it's unclear to
me because -- forgive me. I don't mean to interrupt. But you're
offering 50,000 for capital for some kind of a landscape median,
correct? And then you would be, based upon your assessment of the
taxable value of the entire area, you'd be about 30 --
CHAIRMAN LoCASTRO: Percent.
COMMISSIONER McDANIEL: -- percent of the taxable
value of the area?
CHAIRMAN LoCASTRO: Right.
COMMISSIONER McDANIEL: And so is that additional
100,000 plus or minus, if we're talking about the estimates that have
been thrown around, is that towards capital, or is that capital and
maintenance?
MR. KLATZKOW: That's part -- 50,000 up front, is what he
said, as a contribution towards this, and then he'll be part of the
MSTU if an MSTU is formed. We generally do that as a voluntary
MSTU asking the --
COMMISSIONER McDANIEL: So as clarity, we could make
it the $50,000 contribution in the event that an MSTU is, in fact,
created, and then -- and he's just part of that no matter what?
CHAIRMAN LoCASTRO: Absolutely. So they get -- the
50,000 happens no matter what?
COMMISSIONER McDANIEL: Only if and when an MSTU's
created.
CHAIRMAN LoCASTRO: If an MSTU is formed.
December 12, 2023
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COMMISSIONER McDANIEL: Correct.
CHAIRMAN LoCASTRO: Gotcha.
Ms. Scott, were you going to say something here at the podium?
Because I know you've been intimately involved in the -- did you
want to say something?
MS. SCOTT: No.
CHAIRMAN LoCASTRO: Okay. Mr. Davies.
MR. DAVIES: I'll take a crack at restating it.
CHAIRMAN LoCASTRO: Okay.
MR. DAVIES: Okay. Fifty thousand if and when an MSTU is
formed.
COMMISSIONER McDANIEL: Correct.
MR. DAVIES: That's a contribution from the applicant, and
then I think what Mr. Kassolis was trying to share is that based on the
taxable value following construction and the way that your
regulations on MSTUs work, that his share on a go-forward basis,
once it's created, would be at that 31 percent number.
CHAIRMAN LoCASTRO: If the numbers work out, certainly.
MR. DAVIES: Again, with your discretion, but I know
Mr. Kassolis is agreeable to that today.
CHAIRMAN LoCASTRO: Ms. Scott, the airport, you know,
everybody was sort of throwing around Marco this, Marco that. Do
we have any recourse to have Marco be part of the --
COMMISSIONER McDANIEL: That's not part --
CHAIRMAN LoCASTRO: That's not. It's us, right?
COMMISSIONER McDANIEL: That's Collier County.
MS. SCOTT: The Collier -- the Marco airport is the Collier
County Airport Authority --
CHAIRMAN LoCASTRO: But, I mean, every time they were
saying this is what Marco said and this is what Marco said, that's all
dated stuff. So that has nothing to do with us, right? Mr. Poteet,
December 12, 2023
Page 186
right? I mean, that's --
MS. SCOTT: Right.
CHAIRMAN LoCASTRO: -- their staff?
MS. SCOTT: Correct. The Marco airport is a Collier County
facility.
CHAIRMAN LoCASTRO: Is ours?
MS. SCOTT: Yes.
CHAIRMAN LoCASTRO: Yeah. So, I mean, we're not going
to get anything -- I mean, it was kind of inferred by the citizens, and I
just wanted them to understand Marco's not writing any checks for
anything. It might be called the Marco Executive Airport, but it's
ours.
MS. SCOTT: Correct.
CHAIRMAN LoCASTRO: So -- okay. All right. Well, I
mean, unless -- oh, Commissioner Hall, go ahead, sir.
COMMISSIONER HALL: Well, the way I see it, you know,
it's just a little token money when the developer's paying it, but it's
too much when I have to pay it.
So I'm going to make a motion to approve this with the
stipulation that if the MSTU is presented, the 50,000 is a bonus to it
and that they go forward with the taxable value.
CHAIRMAN LoCASTRO: Yeah. I mean, and that was going
to be my motion, so, I mean, I'll second it. That's fair and equitable.
That's what we would do in any neighborhood that has this exact
same setup. So even though I know that there's been a lot of, like,
unique things that are thrown around here, this is, you know,
cohesive to what we would do in any neighborhood.
So having said that, got a motion from Commissioner Hall, a
second from me to approve the project, and then the 50,000 is
contingent upon an MSTU getting set up, and then you would have to
pay your fair share of what the MSTU was.
December 12, 2023
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So I have a motion and a second. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
MR. DAVIES: Thank you, Mr. Chairman. Thank you,
Commissioners.
CHAIRMAN LoCASTRO: Okay. What's left?
Item #11D
ACCEPT STAFF'S PRESENTATION ON THE ATTACHED
PROPOSED FACILITY LICENSE AGREEMENT AND
ADDENDUM BETWEEN FC NAPLES USL, LLC, USL PRO-2,
LLC, AND PARA SFM, LLC AT THE PARADISE COAST SPORTS
COMPLEX. (TO BE PRESENTED BY JACK ADAMS VP SPORTS
& ENTERTAINMENT, ADRIAN MOSES, PCSC GENERAL
MANAGER) (ALL DISTRICTS) - PRESENTATION: MOTION TO
ACCEPT THE REPORT AND DIRECT THE COUNTY
MANAGER/ATTORNEY TO WORK ON THE AGREEMENT AND
BRING BACK TO THE BOARD, INCLUDING THE
INCORPORATION OF THE BOARDS’ COMMENTS BY
COMMISSIONER SAUNDERS; SECONDED BY
COMMISSIONER MCDANIEL - APPROVED
MS. PATTERSON: Commissioners, we're going to take
Item 11D next. This is a recommendation the Board accept staff's
December 12, 2023
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presentation on the attached proposed facility lease agreement and
addenda between FC Naples USL, LLC; USL Pro-2, LLC; and Para
SFM, LLC, at the Paradise Coast Sports Complex.
Mr. Rodriguez, your Deputy County Manager, is going to start
the presentation. He'll also be joined by Jack Adams and Adrian
Moses from Sports Facilities.
MR. RODRIGUEZ: Thank you, County Manager.
Good late afternoon, Commissioners. Dan Rodriguez, your
Deputy County Manager.
As stated by your County Manager, it is a recommendation for
the Board to accept a presentation by Sports Facilities, the current
contractor -- the managers of the sports complex with FC of Naples
for a lease agreement.
With that, as we saw this morning, Collier County's becoming a
sports venue, and the sports complex continues to grow. The
different entertainment -- both sports and entertainment continue to
increase.
The vision of the administration was to find and secure a
permanent tenant that would bring a national sports team to our
sports complex, not just a partner to utilize the facility, but a partner
that would bring the funding and a sizable investment to consider
Collier County as its home base.
Thanks in great part to Sports Facilities' team, they have a
proposition for your consideration. But before we get into the
details of that, I just want to clarify how we got to this presentation
based on our contractual arrangements with Sports Facilities.
As you know, Collier County entered into an agreement with
Sports Facilities Management Group November 12th, 2021. We are
now going into our third year with Sports Facilities. And as you saw
this morning, they continue to make great progress in bringing
additional sports venues, increasing revenues, and helping to retire
December 12, 2023
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the costs associated with the operations of the sports complex.
Though we're not quite where we want to be, we are certainly on
the track to increasing those revenues, and this proposal is going to
help us get there.
In addition, just last year in November of 2022, Sports Facilities
entered into a Board-approved agreement with FC Naples United
Soccer League that provided for an exclusive period for USL to
locate a team ownership group and to negotiate a stadium-use
agreement with Sports Facilities Management.
One of the primary goals was the intention that the soccer league
team would rent and play its home sporting events here at the Collier
County Sports Complex. As directed, Sports Facilities Management
and United Soccer League were able to develop that agreement to
potentially bring a team to Collier County. What's unique about this
is not just any team, but actually a team that is created specifically for
Naples, Florida, for your sports complex.
For the record, this agreement does not require Board approval
but to gain your acceptance of the presentation today from SFM.
We hope to hear your guidance to staff and Sports Facilities
Management Group to ensure we are on the right course in securing a
national soccer league team as well as to give you the opportunity to
ask the potential new soccer league owners any questions or details
about the agreement and their potential soccer team.
Additionally, this agreement is still in draft form with some
work to do and clarifying questions that may be coming from you,
from our Clerk of Courts, as well as the County Attorney. Signature
pages on the attachments will also be updated, removing staff
approvals, as those are not required; however, staff will acknowledge
the agreement and its terms.
So with that, here in attendance we have Robert Moreno, CEO;
David Mildenberg, COO; as well as Mark Mildenberg, head of data;
December 12, 2023
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and, of course, Vanessa Mildenberg [sic] as well with the ownership
group.
With that, I'll turn this over to Jack Adams, your president of
sports entertainment, and Adrian Moses, your general manager, and
recognize Marissa Baker, your county site manager as well.
COMMISSIONER SAUNDERS: Mr. Chairman, could I ask a
quick question of the --
CHAIRMAN LoCASTRO: Yes, sir.
COMMISSIONER SAUNDERS: I was talking to Scott Teach
this morning. Oh, Scott Teach is here. I didn't see you sitting over
there, so I'll be quiet and listen.
MR. TEACH: Commissioner, in my opinion, the Board has to
authorize approval of the agreement. The operations manual
provides a guideline for how the process works, and it is signed off
by the County Manager's Office. But only this board can award
agreements in excess of $50,000.
So in this instance, the very exclusivity agreement that Dan
mentioned came to this board for approval. So this agreement would
come for approval, too.
Now, if this board wants this project, wants this agreement, and
wants to go forward, they would acknowledge that the agreement
should go forward, and Ms. Patterson would sign off on it
acknowledging in writing to SFM. In fact, the executive summary
that I provided back to staff had language in it that said that the Board
authorizes the County Manager or her designee to express in writing
to SFM that the agreements have been recommended by the Board.
And that language is not in this executive summary, but I would
suggest this board has that authority because only this board, in any
circumstances, even procurement related, can award agreements over
$50,000.
Now, notwithstanding that -- this language and the procedures
December 12, 2023
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outlined in the operations manual, I would suggest maybe that we
consider in the agreement itself to remove all doubt going forward,
that we put language in Paragraph 9 of the underlying agreement that
maybe any agreement that is of a duration of let's say one year or in
excess of $50,000 has to come first to this board for approval; that
would be my suggestion.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. And that's one of my
concerns is does the contract that we have with Sports Facilities
Management say that now, or -- because it -- I understood
Mr. Rodriguez to say that this doesn't require Board approval.
MR. TEACH: The operations manual, which is a requirement
of the agreement, provides that -- the partner event to sign a term
sheet, and then the term sheet goes to the County Manager's Office
for approval. We have brought -- to your consideration, there have
been sponsorship agreements. I don't know of any sponsorship
agreements that haven't been brought to you. You know, right down
the street, car dealership. Those agreements were brought to you for
your consideration. And on the bottom of these agreements, it
allows a place for them to initial.
COMMISSIONER McDANIEL: We're not talking about a car
dealership down the street. We're talking about a contractual
arrangement with SFM. And SFM --
MR. TEACH: And I'm saying, booking events, sponsorships,
all these things are laundry listed in the agreement.
COMMISSIONER McDANIEL: In the agreement with SFM?
MR. TEACH: They have the authority to sign these things
under Paragraph 9. The operations manual sets forth this procedure
where the county manager signs off on these things. The intention
was that they would be brought to you for your acknowledgment, and
then she would sign off on them.
December 12, 2023
Page 192
COMMISSIONER McDANIEL: Okay. So it does require
approval of this board?
MR. TEACH: That's my recommendation.
COMMISSIONER McDANIEL: Yes. Because -- and forgive
me, Mr. Chair. I just -- in my office, yesterday, Dan, you -- and,
Ms. Patterson, you both said we weren't approving anything today;
we were accepting a presentation. But when I'm reading the detail in
the backup, there's an 8-year lease, there's commitments of revenue,
payment, there's -- some so ons and so forth. And I didn't see,
candidly, clear delineation of deliverables and measurables from the
lessee where we were receiving certain things and certain items and
certain milestones and deliverables that gave me concern about
entering in -- not -- not that they're bad people. Not that this is a bad
idea. It just seemed like there were a lot of still open-ended items
that needed to be addressed.
MR. TEACH: And, Commissioner, let me just add one thing
further. The reason why is the agreement also provides that in the
event that our relationship with the manager is ever separated, that
those agreements are assigned over to the county or our new
manager.
And so, for example, this agreement our office received
November 21st or 22nd, around that time for the first time. We had
never seen the negotiations, weren't involved in any of that. And
the -- because these are ultimately assigned, I look at the agreements,
I make sure public agency language requirement language is in there.
So I do provide -- I track it. I send it back to them. And so
that in the event that it's ultimately ever assigned to us, that those
requirements are in there.
And I can tell you one other thing, that there was a large private
employer. The manager was working to try to develop a
sponsorship relationship with them. They were very firm on their
December 12, 2023
Page 193
language, wouldn't include a lot of things that the county would
require.
I worked with their general counsel back and forth, probably
starting '22 through '23, maybe six to nine months. Ultimately, we
were unable to resolve those contractual differences. It didn't come
to you because, you know, it was -- it would have come to you had it
been resolved, but those things couldn't be resolved, so...
COMMISSIONER McDANIEL: And, again, I'm not in -- I'm
not afflicted with that mental health issue called a law degree. So if
you -- in my simple terms, the agreement that we enter into, the
County Manager has to enter into, has to be assumable by us. In the
event that we were to terminate with SFM, then any agreements that
they enter into --
MR. TEACH: Correct.
COMMISSIONER McDANIEL: -- enure to the benefit of the
county.
MR. TEACH: Yes.
COMMISSIONER McDANIEL: So that language -- am I
interpreting that correctly?
MR. KLATZKOW: Yes. SFM manages your facility. If
they go away, we take over.
COMMISSIONER McDANIEL: So that language for public
use has to be a part of the agreement that they enter into on our
behalf?
MR. TEACH: And, again, this board -- only this board can
award any agreement in excess of $50,000.
COMMISSIONER McDANIEL: Right. So, certainly, this
agreement would require your recommendation to award, and then
SFM, based on that recommendation, could go ahead and proceed
with that.
MR. KLATZKOW: By agreement, the County Manager's
December 12, 2023
Page 194
authorized to enter into these agreements without you, but the
ordinance requires anything over $50,000 to come to you, and the
ordinance trumps the agreement.
COMMISSIONER McDANIEL: So the representation that it
doesn't require our approval is not necessarily in your opinion --
MR. KLATZKOW: I don't see the value of going into that.
I'm just saying that since it's over $50,000, it needs to come to you.
COMMISSIONER McDANIEL: Okay.
MS. PATTERSON: Commissioners, we're not looking for your
approval today. So I understand what the County Attorney and
Deputy County Attorney are speaking to, which is slightly different
than our understanding; however, we're not ready to enter into this
contract today. As Mr. Rodriguez put on the record, there are still
things that you may tell us that need to be dealt with as well as
several other housecleaning and technical matters that need to be
addressed.
So this is here simply for you to hear the presentation. We need
to make sure that conceptually you're in agreement with the direction
we're going as well as any specific concerns that you have at this time
with these agreements, and we will most certainly proceed forward at
the direction of the County Attorney on how this needs to be
approved.
COMMISSIONER McDANIEL: And, again, I'm not trying to
throw disparity on a potentially wonderful thing. I mean, there's an
enormous amount of good that can come from this. I just want to
make sure that it's tight before we go into it. I saw -- you know, I
think I mentioned to you yesterday, this was an eight-year agreement,
and that was a requisite of the lessee in order for them to make a
$30 million investment to get into the league and have the team.
MS. PATTERSON: Yes, sir.
COMMISSIONER McDANIEL: Great.
December 12, 2023
Page 195
MS. PATTERSON: This represents nearly a year's worth of
work, but there are definitely some of those details. As Mr. Teach
said, he's been working -- he got this copy the end of November.
We provided it, similarly, to the Clerk recently. So there are still
some things that need to be addressed as well as what the five of you
may tell us about what you'd like to see.
COMMISSIONER McDANIEL: And we'll see that in final
draft before it's executed?
MS. PATTERSON: Yes. Sir, you'll have to --
COMMISSIONER McDANIEL: So I can be still for now and
hear the presentation and all the good stuff, and then we can worry
about the technicalities when that agreement is entered into?
MS. PATTERSON: We'd like to get at least some of the things
that you have on your mind today so that we can work through those
because, again, we need to work with our -- with our legal partners as
well as our financial partners to be sure that the agreements check all
those boxes. But the point of today is to make sure that when you're
looking at these things, at least in the form that they're in, that we
understand where your concerns may be or anything that you think
might be missing, et cetera.
COMMISSIONER McDANIEL: Okay. So for clarification,
we're not approving anything today. We're receiving a presentation.
They're going to tell us all of the goods things that are going to come
from this. You'll tighten up on the actual agreement itself with
specificity, and then that will come back to us for final approval.
MS. PATTERSON: That's my understanding, as of the
direction from the County Attorney.
COMMISSIONER McDANIEL: Is that correct?
MR. KLATZKOW: Yes.
COMMISSIONER HALL: Be quiet for a change.
CHAIRMAN LoCASTRO: Somebody take the microphone,
December 12, 2023
Page 196
please, and proceed.
COMMISSIONER McDANIEL: Quit.
MR. MOSES: Good afternoon. Adrian Moses, general
manager of the Paradise Sports Complex representing Sports
Facilities Companies. With me is Jack Adams, VP of sports and
entertainment with Sports Facilities Companies.
It's my pleasure to present this opportunity to the Board and to
Collier County. It's a labor of over 18 months of identifying what
we hear from the initial direction from this -- from our contract with
this county to find a way to make this sports complex perform in the
way that it should do in terms of it being a premium -- a premium
facility.
Some of the objectives that we're trying to obtain is to secure an
anchor tenant in the stadium. You saw in the -- this morning the
results from the sports facility over the last fiscal year, and you saw
in the summer months that's when we were not as successful as we
were in the winter months, and I explained the reasons why.
That being said, the other objectives were to
showcase -- continue to showcase Collier County as a sports tourism
destination, increase revenue and retire the -- retire the cost of the
sports complex, impact local businesses and the local community,
and also to have community pride and have some civic pride and
promote community activity with entertainment.
Soccer provides the most consistent schedule in terms of the
way that the league is designed to be an anchor tenant for the
stadium. The soccer league typically in this country runs the
summer months starting in late spring, ending in -- ending in the fall.
We had approaches from two -- the two major soccer leagues,
which is Major Leagues Soccer, which is MLS, and we also had
approaches from USL to utilize this facility. So it's not like this was
the only option that we had available to us.
December 12, 2023
Page 197
The more compelling bid came from USL in terms of the way
that they wanted to present, and last November, as you've heard, the
Board approved the negotiation period for us to go out and find a
suitable ownership group to fill this anchor tenant role.
We were introduced to three different groups by USL, and I've
put FC Naples in inverted commas because the team name still has
not been solidified. The ownership group wants to go to the
community to -- on the nomenclature of the team, and we regarded
FC Naples in our professional opinion and in my opinion of working
16 years in soccer in this country, prior to my role here, as the best
option for Collier County.
The operating team, Dan had introduced them. A few -- I think
you've met all of them, but there was a few name errors. It's Daniel
Mildenberg, Mark Mildenberg, Vanessa Door, and Sasha -- I might
get this wrong -- Penoucos, okay, as the group.
So these are the guys that are in front of you. These are the
guys that have already moved to Naples to make the commitment to
this community, and these are the guys with the vision to see the
beautiful complex that we've got and the beautiful stadium that we've
got, and they want to present it on a national scale.
A little bit about the actual league that they're playing in. I
understand many of you may not be as educated in soccer as I might
be. So there is a pyramid to soccer in this country, and the pyramid
is basically -- at the top of the pyramid would be Major League
Soccer; Major League Soccer and the NWS 7, the women's league.
Typically, those teams are in the biggest markets in the country. So
you look at the major cities, and that's where the -- those teams
reside.
Underneath that is Tier 2, which is USL championship, and
that's the small to medium -- medium-to-large size cities have those
teams in them. There's specific things that teams in that league need,
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and that would be -- one of those prerequisites would be a stadium
with fixed seating of over 10,000. So, unfortunately, at the moment
we're not quite there.
Also, the markets that are in Tier 3 where ULS 1, where this
team is proposed to play, is all similarly sized markets that this team
would play against in national competition. The national
competition, which would be broadcast on national television, on
domestic cable, the only soccer league that is broadcast on domestic
cable after a recent deal was done with CBS Sports, means that this
team will be nationally broadcast into the homes of people all across
the country playing against teams of similar size markets. So
Spokane Washington; Madison, Wisconsin; Lexington, Kentucky.
Those would be the rival teams. Those would be our new rivals.
Our local rival would be in South Georgia.
So it's -- every one of those teams would need to be traveling to
Naples, bringing visiting fans and driving economic impact through
that way as well.
The increased revenue to the sports complex, I hear that there's
some questions on the duration of the contract. This is a team that
wants to get involved in the very fabric of our community. You
don't build that with a sports franchise without the opportunity of
time. The initial term of the agreement is not with -- something that
we've negotiated with the ownership group. This is a league
mandate. They don't want teams and ownership groups to jump into
a market and then move to another market as soon as they get a better
deal.
So the reason why there's an eight-year anchor tenant is, firstly,
to build the equity with the local community, to build a fan base, and
for the team to be successful. But it's also making sure that the
league is saying to an ownership group, you can't get a better deal
from Sarasota or from someone and then just take your team and
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move it immediately. You can't do that. So there's commitments
through this eight-year term that shows that this ownership group is
committed to this community.
There's guaranteed rental revenue in this. As I mentioned, this
is a summer league -- a summer league mainly for us. You've seen
where our revenue is. You see where we need to improve, and this
is an opportunity that allows us to guarantee that rental revenue for
the next eight years in that period of time. It's an increased
opportunity to guarantee -- to capitalize on the food and beverage
revenue from the crowds that this team will drive to our stadium.
Currently we use the stadium in the summer. The rental
revenue isn't as high as what this group would pay, and the crowds
that come do not move our needle anywhere close to what this group
is -- has the potential to do.
In addition, there's guaranteed sponsorship investment. The
sponsorship value of the stadium asset is based upon how many
eyeballs will see the stadium. With the eyeballs that will -- and the
butts in seats that this group will provide, we now have value to those
sponsorship assets, and we are driving a guaranteed revenue to
Collier County through that.
In addition, there is -- there is performance-based commissions
back to the county based upon the sale of sponsorship assets in the
stadium. This does not include naming rights of the stadium. This
is only assets within the stadium that can be -- essentially,
temporary/permanent. So signage that can be put up and taken
down.
There's also additional revenue opportunities through other
team-related events such as away game, watch parties, and other
events around large soccer teams.
It's not very often that you get the opportunity to put a
brand-new franchise into a community. It's not very often that the
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World Cup comes around; it's every four years. The World Cup in
2026 is in this country. So the plan is that we're putting a soccer
team in our community the year before a World Cup comes to this
country. That's an opportunity that is exciting to me as a soccer fan
and someone who's been involved in soccer, and I hope it drives -- it
raises the pulse around the room here as well, because as much as
soccer is a growing sport in this country, it's the world's game, and
the ability for us to capitalize on that doesn't come around every five
minutes.
The guaranteed revenue that I discussed would be a minimum of
$120,000 a year in rental revenue for the stadium. The annual
sponsorship investment would be 125-, which means it's close to
$2 million as a guaranteed revenue for the complex over the -- over
the term.
The term that we would be providing them is not carte blanche
access to the stadium. This would be 21 dates initially for use of the
stadium. So we would retain access to the stadium, retain it for local
community use, and we would be driving a major source of revenue
to Collier County through this partnership.
CHAIRMAN LoCASTRO: How about for when they want to
do practices and things like that? So 21 games in the main stadium,
but they'd be on the other fields, right, throughout the week,
throughout the year, correct?
MR. MOSES: Yeah, that's a great question. The team needs
to practice. The team will practice during the day, and that's when
we typically are maintaining the complex and it's not a rental period
of time.
CHAIRMAN LoCASTRO: You don't see their practices
cutting into any other revenue-generating type things? And they're
revenue-generating. But their practices and things like that, do you
know, like, about how many fields they're going to tie up, and has
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that sort of stuff been talked about? I know it's not a gigantic team.
So they wouldn't take up, like, 10 fields or anything, right?
MR. MOSES: Oh, no. No, no. So having been involved in
Major League Soccer and managed a facility, a training facility for
Major League Soccer teams, the Houston Dynamo had one training
field for the first team.
CHAIRMAN LoCASTRO: See, we're just dumb Americans,
but we know a little bit about European football, right?
MR. MOSES: It's just football.
But additional revenue opportunities are there from parking and
concessions.
So one of the things that we've looked at is the concession
revenue based upon some per caps for the games. We have a profit
split organized with this agreement, and we believe it is an incredibly
strong deal for the -- for the county.
We're taking the rental revenue, and we're taking the higher
percentage of the food and beverage revenue. All of the risk of the
team is with the individuals to my left. They're the ones paying the
players' wages. Because this is a fully professional league, they're
the ones paying for the teams to go and play in the away games
where they're representing Collier County on a national stage.
So the profit allocation for the food and beverage projections is
consistent and it's a very -- it's a large amount for us.
CHAIRMAN LoCASTRO: So they get a 50 percent split of the
profits from food and beverage, right? Is that what I'm reading here?
MR. MOSES: Yeah, after the first $50,000 of revenue is
retained by us.
CHAIRMAN LoCASTRO: Okay. Got it.
MR. MOSES: So there's no point where there would be more
than a 50 percent split. And it is the net profit, so that's after taxes
and after the cost of goods and staffing as well. So all of that would
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be -- is just the net profit.
Impacting the local economy. I mentioned that, you know, with
the games that they're playing, we've got visiting teams. Each
visiting team is going to need hotel rooms. There's a -- there are
mandates that the league have that they have to provide a certain
amount of hotel rooms. There's an estimated 700 rooms required for
visiting teams. That's transportation as well.
So the additional vision from traveling supporters, I envision
that's putting together packages for traveling supporters that we can
sell ticket packages that include excursions into everything that we
have to offer, impacting the local community and the local economy
in a bunch of ways.
And then as I mentioned, the nationwide recognition through
televised games, the ability through our Paradise advertising to be in,
essentially, markets that we wouldn't spend money in, but now there's
a natural way that this team will carry our brand into markets where
we don't spend and drive additional eyeballs and additional revenue
through travel and tourism through them participating in this national
league.
This is a graph that was put together to essentially explain where
we were about the additional local impact with a per diem spend for
players and coaches and where those numbers came from.
Finally, it's more of a -- all of those other slides were head
aspects. This one -- this slide's more of a heart one. It's
high-level -- high-level entertainment for the local community.
During the summer, it's every other week the ability for people to go
and watch professional athletes in our backyard at one of the best
stadiums in the league, if not the best stadium in the league.
I've already mentioned that these guys are going to take
community committee on the team identity. They want to learn
about the area. You can kind of tell that they are used to living in
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Florida because it's less than 60 degrees today, and they're wearing
coats inside. So they're used to where we're at here.
The additional team-related activities and their commitment to
provide affordable access to -- for clubs and families so that people
can access this entertainment with -- you know, in an affordable way.
So it's our recommendation -- it's been an absolute pleasure and
honor to work with these guys to be able to put something like this
together. It doesn't come around every five minutes, and as much as
there is concern, the league and this group have to plan. This team
will play in 2025. So there is a deadline for getting this deal done.
It's not necessarily meant to put people under pressure, but
it's -- they've got to select a head coach. They've got to go to a draft
and select players. And every minute that we lose is putting the
team at a disadvantage to be competitive.
COMMISSIONER HALL: Say that date again.
MR. MOSES: 2025 would be when this team would play their
first competitive game.
But they need the chance to put together a team and select a
head coach and, Commissioner LoCastro, they are accepting
applications.
CHAIRMAN LoCASTRO: Yeah, we had a long talk
yesterday. I might have another gig in my future.
COMMISSIONER McDANIEL: Sign up.
MR. MOSES: In the interest of time, I'm open to any questions
that you may have, and I know Bob would probably like to address, if
requested.
CHAIRMAN LoCASTRO: Did you get a chance to talk to all
the commissioners or most?
MR. MORENO: Except Commissioner Saunders.
CHAIRMAN LoCASTRO: Okay. I mean, I'll just open it up
in saying I was really impressed speaking with you guys. I mean,
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this is an expansion team, so it's going to take time. The team isn't
even formed. But the league that they'll be part of has expanded to a
handful of more teams, and so they grabbed one, basically, and then
figured out that this would be a really good location.
The other thing I like that we talked about is you travel in circles
where you could even pull other things, you know, to this area, you
know. I mean, when you're -- when you're going to your away
games and playing somewhere else, it's like, oh, what's your facility
look like? And, I mean, you guys are going to be really good
ambassadors of the Paradise Coast Sports Complex as long as this
comes to fruition.
We've had other sports people in front of us, golf course
enthusiasts and some others and, you know, their deals sort of fell
apart at the end. Don't disappoint us. This is a really great
opportunity, and I think we've got a really good team approach. And
so it's a good deal for you. It's a good deal for us. It's something
that brings business here in the off-season where we already saw our
numbers are not so great, so you're coming at a really good time, and
then it adds so much more to the community.
And then with your contacts elsewhere, we were talking about
sponsors and whatnot. You could drive some things that maybe
even Adrian's team is -- you know, you travel in different circles, but
similar likenesses. So I think the combined efforts of you-all are
going to bring, you know, even more revenue, business, notoriety,
everything, you know, to the sports complexes, as long as it all
happens.
So, I mean, I know you're at step one right now, and you've got a
long journey, but I was really encouraged talking with you.
Commissioner Kowal and then Commissioner Hall.
COMMISSIONER KOWAL: Thank you, Chairman.
I know just from hearing the presentation, and I've talked to
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these gentlemen here, and I think it's a great idea, I mean, it's
just -- you know, especially in our down months, you know, to bring
something like this in.
And I know there was talk about certain things have to be
tweaked about size of lockers, things of that nature. But, you know,
my other question -- my question I'm leading up to is we talked about
TV and broadcasting. Is there certain requirements like someone
like EPSN2 or whoever CBS, whoever's going to carry these games,
is there certain requirements of the stadium and our facility of them
to broadcast from there, like certain particular linkups or certain
things we might be responsible for to add to what we already have
there with the audiovisual equipment that we -- you know, we have
access to, or is there certain things they require that may be above
and beyond what we have on the stadium now, and who would be
responsible for that?
MR. MOSES: The stadium has been on national TV already.
So we've had nationally televised events, and the stadium has had
everything that's been required of those -- of those broadcasts. There
would be -- a main camera point would be from the east side, so
power over there, which could be from a generator for the games, and
some kind of camera scaffold, but nothing to the extent that
require -- we require too much more than in the stadium, so...
COMMISSIONER KOWAL: Okay. Because I just know
with our pickleball events, they have to bring a lot of extra equipment
when they broadcast that, and sometimes our staff are involved with,
you know, trunk lining some of these things because it has to be over
the satellite.
MR. MOSES: Yeah. For the streaming games, we already
have had streaming games for anything that's nationally broadcast.
Typically, whoever's broadcasting it would bring a production truck,
and that's how they -- they move those trucks around from stadium to
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stadium to manage those.
COMMISSIONER KOWAL: Thank you.
MR. MOSES: You're welcome.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: Thank you, Chairman.
I want to -- you know, County Manager, you asked, you know,
for some of our input as well, and I know that the subject of
termination language has come up. And, you know, in normal
leases, yes, that's a pretty common thing, but I want to explain some
things of the uniqueness of FC Naples.
You know, without the security of being an owner, they're
subject to leasing a facility as classy as ours. And they're not here
just to try us out. They're going to put their heart and their soul into
it.
Besides being the ambassadors that Commissioner LoCastro
mentioned, they're building a brand, a culture, and a major business
to benefit Collier County, and it wouldn't be fair for them to enter
into any agreement that says that some future board at some point
could just willy-nilly just say, hey, you know, we're going to take this
and we're going to expand our landfill and we're going to kick you
out.
You know, I wouldn't want to enter into any kind of an
agreement like that. Besides just being considerate and being
correct, the league won't allow it. The league would not allow them
to enter into any agreement that has such termination language.
So I wanted to bring that out publicly, because it's been a
concern by some, but it's just common sense to say we're going to go
forward. You know, there's other escape clauses if they don't
perform, and that's on them. But they wouldn't be subject to us just,
you know, willy-nilly deciding to do something different.
MR. KLATZKOW: Understand this is a 20-year commitment.
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COMMISSIONER HALL: Yes, but it's the first eight years
and then continual.
MR. KLATZKOW: And they have the option -- they have the
option to extend. So, really, it's a potential 20-year commitment that
you're looking at, not eight.
CHAIRMAN LoCASTRO: I'm sorry. Commissioner
Saunders.
COMMISSIONER SAUNDERS: Okay. A couple questions.
On the field itself, the stadium that we have there, is that 3,000 seats
in the stadium; is that number correct?
MR. MOSES: It's a little more than 3,500 fixed, and then we
have -- I think the capacity takes us just shy of 4,000 with the suites
and the play decks as well.
COMMISSIONER SAUNDERS: So on the east side of the
stadium --
MR. MOSES: Yes.
COMMISSIONER SAUNDERS: -- where you have -- you
know, the field area there --
MR. MOSES: Yep.
COMMISSIONER SAUNDERS: -- is it appropriate -- would it
be appropriate for ticket sales to -- for fans to have perhaps a cheaper
ticket but to be on that? So theoretically, then, the capacity would be
getting close to 5- or 6,000.
MR. MORENO: Five thousand.
COMMISSIONER SAUNDERS: Five thousand.
MR. MOSES: Yeah, we have a manifest for 5,000, and our
model is, we've already sold more than 4,000 tickets for an event, and
that's the Division 1 lacrosse games that we had this year in February.
That was over 4,000 people utilizing those very spaces. The space
that we didn't utilize for those games -- because it's lacrosse. And if
you know, lacrosse is a game it's pretty dangerous to be behind the
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goals. So we didn't sell -- we didn't sell space behind the goals there,
because you get hit by a lacrosse ball, it's not the same as being hit by
a soccer ball.
COMMISSIONER SAUNDERS: I can imagine.
So, theoretically, then, there would be a capacity of about 5,000,
maybe a little bit more if necessary, but that would be sufficient for
what the league would require. That's enough for what your needs
would be?
MR. MORENO: Yes, sir.
COMMISSIONER SAUNDERS: Then in terms of the parking,
I know we've had some issues with parking. Do we have the -- and I
know we have some space out there for additional parking. What is
the plan -- let's say you have a tournament and you're going to have
4,500 fans there, and half of them are going to be -- you know,
they're going to be maybe one car per two people, so 2,500 cars, let's
say. What kind of parking capacity do we have for something like
that? How would that be managed?
MR. MOSES: Our data shows that it's one car to every three
people from the events that we've had. We came nowhere close to
even filling our parking lots for the lacrosse events.
You have the opportunity for us to run some kind of bus service
from areas around so people can come to the games on a bus and be
taken back to communities. That's something that's typical
within -- within other markets as well.
COMMISSIONER SAUNDERS: When we did the fireworks, I
think we had to turn people away because we ran out of parking, but
that was about -- I think there were about 6,000 there for that.
MR. MOSES: Yeah. We estimated over seven and-a-half
thousand, and the fireworks, that was -- that was a very specific event
where --
COMMISSIONER SAUNDERS: Okay. So capacity for
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parking, capacity for visitors, speculators, no issues with any of that,
no issues with the technology in terms of streaming everything?
MR. MOSES: (Shakes head.)
COMMISSIONER SAUNDERS: I like the concept. I will tell
you, I was having a little bit of trouble getting my arms around this
being an amateur sports facility but now we're going to have a
professional team. But it sounds like that -- that this will not take
away at all from the community use and for the amateur use of this
but actually will -- I like the idea of you sourcing suggestions from
the community for a name for your team. I think in the long run that
would be really pretty incredible for this community. So I like what
this is.
I want to make sure that the County Attorney has ample time to
review the agreement and make sure that there aren't any things in
there that are going to be really problematic. I wouldn't expect that
there would be. But just as a matter of course, it's important for us, I
think, to have the assurance from the County Attorney that they've
had time to review the agreement, and I know they really haven't had
time because, as they said, they got it around Thanksgiving, and that's
just not enough.
So I assume that there's someone that the County Attorney can
interact with on your team?
MR. MORENO: Of course.
COMMISSIONER SAUNDERS: And I'm not looking for any
termination provision. I agree with Commissioner Hall that as long
as you're performing -- and there should be some termination for
cause. I assume that that's in there. But in terms of for
convenience, I agree, that would be unreasonable on our part, but I do
want to make sure the County Attorney has an opportunity to fully
review this.
CHAIRMAN LoCASTRO: Before I go to Commissioner
December 12, 2023
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McDaniel, just one other thing that we had talked about yesterday
that I thought was exciting, too, is the ability for these pros to do,
like, soccer camps with the local -- you know, over the summer when
kids are here and have nothing to do. So it brings even more people
to the -- so the potential is there, as long as -- like I told you, as long
as you guys don't screw it up, right?
Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. I don't think that an
early termination without cause is a realistic expectation, but I think
it's important for us to remember we're not entering into a lease with
the USL. We're entering into a lease with a private entity who's yet
to join, correct? Have you joined the USL?
MR. MORENO: So -- may I?
Sorry. Roberto Moreno. Thank you for having us here -- or
Bob.
I just want to address that comment and the timing comment
from Commissioner LoCastro. And what Adrian said is we do need
to start building the team, early next year hire a coach, start selling
sponsorships and tickets, and then creating the brand with the
community.
So creating the brand takes approximately three to four months
based on what other teams have done. So that puts us at April or
May of next year to come out with the brand. That's why there's a
little bit of a rush.
And then to your comment about being committed, we have
signed with the USL. Everything is done. The only thing we're
missing is this lease agreement. So as soon as that is signed, we're
ready to do a press conference and a community event to announce
this. So there's nothing else pending.
COMMISSIONER McDANIEL: Outstanding. Outstanding.
My other concern is the revenue share on the food. I currently
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have been -- and you'll get this lesson next year when you move into
the chair position on the TDC. The county buys the food products
for our cost of goods sold with regard to our food vending, and we
really don't have any control on the disposition of those from a sales
standpoint.
And we've had two amendments at a budgeted request that
originally were submitted where we did really good. We sold a
whole bunch of food, but we have to go buy more. And so I'd like to
tighten up the language a little bit with regard to the revenue sharing
on the other side of that.
I don't like participation in profits. I would rather participate,
necessarily, on a lower level on the gross sales that are there. I'm
just -- Ms. Patterson asked for a concern. That's a concern that I
have. And I would prefer that we move away from this
difficult-to-describe profit level and move into a percentage of gross
sales, along those lines. That's something that I would like to see us
do.
CHAIRMAN LoCASTRO: It would be a small number.
COMMISSIONER McDANIEL: Smaller number, certainly,
yes. But when I'm -- we -- the county is the one that's buying -- my
understanding is that the county is the one that is buying the materials
to be prepared for food sales and so on, and then we don't have any
say-so over the disposition of those, but we get to -- we get to put
more money in to go buy more. I think that some twist could be
done there.
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Yeah, I did have one other
question.
We have basically a 20-year agreement, and we have a flat fee.
I think I'd like to see some sort of a CPI increase or something in that.
COMMISSIONER McDANIEL: That was my second.
December 12, 2023
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COMMISSIONER SAUNDERS: I don't know if that's built in
there, but I think a flat fee of 100,000 or 150,000, whatever those
numbers are, today that means something. But 15 years from now, it
gets to be a little light. So I don't know if that's something that you
would consider, but I'd like to see some CPI type of increase in those
fees.
MR. MOSES: Yeah. There's a natural increase in the amount
of revenue that we get in that the original agreement that was
presented between USL and us was that we were going to accept a
rental of a minimum a $100,00 a year. Sorry, it was $105,000 a year
at $5,000 per game.
At a similarly late kind of period in the negotiation, USL came
back and said to me, we want to be credited back that $75,000 over
the first five years of any agreement, which I said that's fine, but
we're going to increase the rent by $15,000 a year. So we're at
where we were going to be. So after the first five years, there will be
an increase equivalent for the final three years of $15,000 net to the
county.
COMMISSIONER SAUNDERS: What about the next 12?
MR. MOSES: That would be up to -- it's an option period from
there. So my understanding, we would be able to renegotiate.
MR. MORENO: If I may, I think that's a very -- Commissioner
Saunders, a very good request and a very fair request. That's
something we'd be okay with, of course.
COMMISSIONER SAUNDERS: Because I thought that on the
renewals, that it was simply a renewal of the agreement at the option
of the team.
MR. MORENO: You're correct.
COMMISSIONER SAUNDERS: And so that would not put us
in a position to renegotiate a fee. So I think that needs to be in this
agreement. I apologize for not mentioning that at first. I had a note
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to say that, but I forgot to.
MR. MORENO: The CPI comment, right, yeah?
COMMISSIONER McDANIEL: There's no sorries. That was
my second point before he grabbed onto you. So I like it.
MR. MORENO: If I can address the food and beverage that
Commissioner McDaniel brought up. We agree with you; we think
it's a lot cleaner to do it based on revenue. The 50 percent of net
revenues was done really because we're working such -- so good as
partners that we thought that was a nice thing to do -- a good way to
split it up, but I do agree it's a much cleaner thing to do off the top.
COMMISSIONER McDANIEL: Long term, yes.
COMMISSIONER SAUNDERS: That makes the
auditing -- post and pre auditing a whole lot simpler. I see the Clerk
is back there. She's kind of smiling. Maybe that's -- maybe that's a
good thing.
MR. MORENO: Yes, it does -- it does save time wasted,
definitely.
CHAIRMAN LoCASTRO: Okay. What else? Anything
else?
MR. ADAMS: I just want to speak to the qualitative,
Commissioner LoCastro -- Jack Adams, SFM -- that you spoke to
when you were talking about, you know, what it does for the
community, and I think, Commissioner Saunders, you as well, talking
about the -- you know, amateur versus professional.
Having this as an inspiration for our community is going to
drive amateur participation. This is going to drive excitement.
People -- civic pride doesn't begin to explain, when you have a top to
the pyramid, the amount of participation you get below it. Every
sports program wants an elite program for somebody to reach
towards. This is just -- qualitatively, it's a big deal. This is going to
be really good for Collier.
December 12, 2023
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CHAIRMAN LoCASTRO: Okay. Anything to vote on, or it's
just a presentation?
MS. PATTERSON: Yes, sir. So if we could get a motion to
accept the report and then also direct the County Attorney and
County Manager to work on the agreement to bring back, including
the incorporation of the Board's comments.
CHAIRMAN LoCASTRO: Okay.
COMMISSIONER SAUNDERS: I make that motion.
COMMISSIONER McDANIEL: So moved.
CHAIRMAN LoCASTRO: I've got a motion from
Commissioner Saunders, a second from Commissioner McDaniel.
All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: It passes unanimously.
Would this be a good time to take a break? What have we got
left?
MS. PATTERSON: Yes, sir. We're right on time for a break,
and then we have the two companion items left for the AUIR and
surtax.
CHAIRMAN LoCASTRO: Okay. Let's -- do you want to
come back here right at 5? Then we'll finish up.
MS. PATTERSON: Thank you.
(A brief recess was had from 4:43 p.m. to 5:00 p.m.)
CHAIRMAN LoCASTRO: Mr. Bosi, it's all yours.
MS. PATTERSON: Oh, hold on, Mike.
December 12, 2023
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CHAIRMAN LoCASTRO: Okay. Mr. Bosi.
Item #9D
RESOLUTION 2023-230: A RESOLUTION RELATING TO THE
CAPITAL IMPROVEMENT ELEMENT OF THE COLLIER
COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-
05, AS AMENDED, PROVIDING FOR THE ANNUAL UPDATE
TO THE SCHEDULE OF CAPITAL IMPROVEMENT PROJECTS,
WITHIN THE CAPITAL IMPROVEMENT ELEMENT OF THE
COUNTY GROWTH MANAGEMENT PLAN BASED ON THE
2023 ANNUAL UPDATE AND INVENTORY REPORT ON
PUBLIC FACILITIES (AUIR), AND INCLUDING UPDATES TO
THE 5-YEAR SCHEDULE OF CAPITAL PROJECTS
CONTAINED WITHIN THE CAPITAL IMPROVEMENT
ELEMENT (FOR FISCAL YEARS 2024-2028) AND THE
SCHEDULE OF CAPITAL PROJECTS CONTAINED WITHIN
THE CAPITAL IMPROVEMENT ELEMENT FOR THE FUTURE
5-YEAR (FOR FISCAL YEARS 2029-2033), PROVIDING FOR
SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
[PL20230013268] (THIS IS A COMPANION TO ITEM #11A) (ALL
DISTRICTS) - MOTION TO APPROVE THE 2023 AUIR AND
ASSOCIATED CAPITOL IMPROVEMENT ELEMENT BY
COMMISSIONER MCDANIEL; SECONDED BY
COMMISSIONER KOWAL – ADOPTED
MS. PATTERSON: We have items -- Companion Items 9D
and 11A. First, 9D is a resolution relating to the Capital
Improvement Element of the Collier County Growth Management
Plan, Ordinance 89-05, as amended, providing for the annual update
to the schedule of capital improvement projects within the Capital
December 12, 2023
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Improvement Element of the County Growth Management Plan
based on the 2023 Annual Update and Inventory Report on public
facilities and including updates to the five-year schedule of capital
projects contained within the Capital Improvement Element for Fiscal
Years 2024 through 2028, and the schedule of capital projects
contained within the Capital Improvement Element for the future
five-year for Fiscal Years 2029 through 2033, providing for
severability, and providing for an effective date.
Its companion item is Item 11A relating to potential future
surtax, and I will read that into the record when we get to that item.
So with that, Mr. Bosi.
MR. BOSI: Thank you. Mike Bosi, Planning and Zoning
director.
Today I have the presentation of the 2023 AUIR. It's the
Annual Update and Inventory Report. As by -- indicated by the title,
it's something we do every year. We do this right around December
of every year, and it's a precursor to your budgetary discussions that
are going to be coming up in the next couple months.
What is an AUIR? It's the one-year annual snapshot in time of
projected needs and required capital improvements over the next five
years based upon projected population increases against the BCC
adopted levels of service. It should be noted this snapshot changes
as changes in the demand equations evolve. That's a lot of words.
What was I saying? Basically, this is our one-year snapshot.
We look at what are the projects that we need to be able to
accommodate the growth that we expect to have over the next five
years and a 10-year period. We put forward projects that are going
to maintain the adopted levels of service, and I'll get into it.
Every component of our AUIR will have an adopted level of
service for it. There's three different levels within our AUIR. The
first is your Category A, and those are concurrency facilities. Those
December 12, 2023
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are roads, drainage, potable water, wastewater, solid waste, parks and
recreation, schools. Those are all tied to your Capital Improvement
Element, and those are all tied to your Concurrency Management
System. We were talking about growth management earlier and the
components of growth management.
Our Concurrency Management System requires that we have the
necessary infrastructure to be able to handle the demands that are
projects that are being approved. So at the zoning stage, we do
a -- or we do a currency. Is there enough trips in the roadway
system for this project to move forward? And we'll get a -- there
will be a courtesy analysis.
When it goes to DO, when it goes to plat or SDP, that's when we
actually apply the Concurrency Management System, and they can
move forward unless there is a deficiency. And if there's a
deficiency, they can still move forward; it's just they have to pay their
proportionate share of whatever that improvement's going to be.
We have our Category B facilities. These are our
non-concurrency facilities: Jails, law enforcement, libraries, EMS,
and government buildings. And then we have our Category C,
which are also non-concurrency facilities, but they're also nonimpact
fee related. Those are our beaches and our inlets.
Let's talk about concurrency. Facilities and services necessary
to maintain the adopted levels of service that are available when the
impacts of development occur. Those are contained within our CIE
policies as well as the Land Development Code.
And how do we make an estimate as to how much demand we're
going to be expecting over a five-year period? We're required by the
statutes to utilize the University of Florida's Bureau of Economic and
Business Research. We refer to it as BEBR. We use the median
range populations, and we also have a -- as everyone knows in this
room, we have a very seasonal population. We add 20 percent to our
December 12, 2023
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permanent population to account for the demands that happen within
our February -- or our January, February, and our March -- our March
months, which are main seasonal months.
And we -- we've confirmed this 20 percent based upon trip
counts, based upon wastewater usage, potable water usage, and it has
been a consistent number that I think we've served well over time.
So how much do we build? And I always pick the easiest. It's
libraries. We've got a -- it's new population versus your
level-of-service standard, and that's what your capital improvement's
going to be. And in this five-year period, we're expecting 28,338
people over this five-year period. Our level of service, your adopted
levels of service, you said, .33 square feet per person; that's what we
require from our library system.
So we take the population that we expect, multiple it by your
level of service, and it says we need to -- over the five-year period, to
maintain that level of service, we need to add 9,352 additional square
feet to our libraries.
This is a chart, and I think it would probably surprise all of the
people who live in the county, and it talks about growth, and it talks
about growth rates. If you look at 2017 -- it starts at 2017 and ends
at 2023, our current year. And if you look at your five-year growth
percentage, 2017, 2018, 2019, we were right just -- we were over it
9.5 percent on a five-year basis. But as you've seen, as 2020 hit, as
2021 hit, as 2022 and 2023, you see a continuing decline within our
population numbers.
So we as a county, the rate of growth is slowing down. And I
think most people would be somewhat surprised about that. But I
think housing affordability has something to do with it but also where
the location of some of our new growth is going, meaning to the
eastern portion, the RLSA. And as you know, Ave provides a good
example. It's a very successful SRA, but it's a long-term buildout
December 12, 2023
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when you get to some of these eastern properties.
But, overall, our percentage of growth has started to decline as
we've -- as we've matured. And as I said, I think we're hitting a
point within our urban area where we're starting to hit buildout. And
if you remember the Growth Management Plan amendments that
were recently approved, the last of the four from the ULI study, the
one that talked about strategic opportunity sites, we identified the
number of 10-acre parcels or larger within the urbanized area, and we
had 12. We had 12 undeveloped large parcels of land. So the
urbanized area is fast running out of developable areas.
One of the things I would say, as a sidenote, one of the things
we continue to stress as a staff, the need to develop more of a
redevelopment component to our growth -- or to our Land
Development Code, recognizing that a lot of the development
opportunities that are going to take place in the urbanized area are
redevelopment opportunities. I think the Courthouse Shadows
apartment complex that's just right across the street from us is a good
example of what you're going to see; adaptive reuse of commercial
properties for different type of uses, and our code needs to be catered
to be able to understand when you have these type of uses, when you
have these type of arrangements, you have to have a little bit more
flexibility within your regulatory code.
But it's not only population that is the key metric within the
level of service; the exceptions are roads and bridges. Not only
population drives what our plans are, but with trip counts, and they're
collected multiple times a year, as well as trip bank, meaning the
reserved capacity that we have to set aside for the approvals of all the
different projects that have come out over the years.
Wastewater/water, we utilized historic demand usage plus
population projections, plus additional capacity reservation. That
policy stems back from right about 2000. 2000 we had an issue
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within the north -- in North Collier. We had a -- we had an
overflow, in a sense, of our wastewater system and, because of that,
the Board provided the Utilities Department a directive to be a little
bit more conservative in our estimation of the needs within that
system.
Stormwater, they're based upon the basin studies related to the
water management plans, which set the baselines.
Solid waste, which is our landfill disposal capacity -- and I
always like to highlight the work that Kari and her group do. This is
the success of -- when people ask, what does local government do for
you? I always say, the landfill's a great example. When I first
started doing this as the AUIR coordinator, 2006/2007, we were
looking at 2017 as the useful end of our landfill, and we were -- and
we were talking to the large property owners in the eastern portion of
the county, and they were concerned about where that next landfill
was going to be sat, because sitting a landfill is not an easy job. It's
a tough -- it's a tough land use.
But since that time and since improvements within technologies
in a partnership with Waste Management, they've extended the useful
life of the landfill out to 2063/2064, which is a significant benefit to
the county. And it has -- I think it has a lot to do with the success of
our recycling program as well, but also the technologies and some of
the actions, you know, related to Waste Management and that
partnership we have.
And then we have our coastal zone, which is adopted master
plans and sustainability standards that help set those levels of service.
This is a snapshot of your Capital Improvement Element. Your
Capital Improvement Element is what's required by your Growth
Management Plan for a five-year period. We've got just over
$2 billion worth of improvements. One of the issues is, though,
we're about half a billion dollars short, meaning that in Years 4 and 5
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we still have projects identified that we haven't been able to link up
revenue sources.
One of the things that came from the recommendation of the
Planning Commission was to ask the Board of County
Commissioners to try and identify additional revenue sources
recognizing that there is some funding gaps contained in our Capital
Improvement Element, and that's -- like I said, those are for the
Category A, the concurrency -- the concurrency management portion
of your AUIR. You also have some funding gaps within your EMS
as well as your law enforcement proposals to be able to close the gap,
so to speak.
What we're looking for from the Board of County
Commissioners is basically to adopt the attached document as the
2023 Annual Update and Inventory Report on public facilities, to
accept the Category A, B, and C facilities relative to projects and
revenue sources with the Category A facilities set forth and inclusion
of the scheduled annual update to the CIE, find there's no
inconsistencies contained within the school district capital plan
compared to other capital improvements within the AUIR or CIE,
and to adopt the CIE schedule of improvements.
The way we normally do this, sometimes we've had full
presentations from each division and department. I've got a list of
some of the highlights of some of the projects that are contained
within our transportation, our stormwater, some of the other capital
projects, however you would like to do. Did you want individual
presentations, or do you just want me to highlight some of the high
points in terms of the projects that we have moving forward?
CHAIRMAN LoCASTRO: I think just hit the high points.
MR. BOSI: Well, from a transportation standpoint, I was really
excited about looking through their five-year Capital Improvement
Program. They identified six bridges within the Estates to improve
December 12, 2023
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mobility within our eastern portion of the county. We've got 47th
Avenue Northeast bridge, Wilson Boulevard South bridge, 13th
Street Northwest bridge, 62nd Avenue Northeast bridge, 10th Avenue
Southeast bridge, and 16th Street Northeast bridge.
And the nice part about these bridges and this bridge study is it
was -- it was designed, and it was -- the input from EMS, from
Sheriff -- from the Sheriff's Department and the fire district, they
provided the input as to what bridges would provide the greatest
reduction in response times to be able to access the very portion of
the Estates.
So when we say how did we choose these locations, it was
chosen by our safety providers, for our first responders to be able to
provide the greatest improvement within services.
From a road construction project, we've got Veterans Memorial
Phase 2; Wilson/Benfield, which is from Lord's Way to City Gate
north; Oil Well, which is Everglades to Oil Well; Goodlette-Frank
Road/Parkway to U.S. 41; Everglades Boulevard, VBR to Oil Well
Road; Goodlette Road, VBR to Immokalee Road; Wilson Boulevard,
Golden Gate Boulevard to Immokalee; and Vanderbilt Beach Road,
16th to Everglades. Those are the major road improvements that we
are expecting.
From a stormwater component, we're looking at your
stormwater rehabilitation and restoration program, your stormwater
outfall replacements, and your stormwater pipe replacements. That's
all for the rehabilitation and restoration.
And then you've got infrastructure maintenance projects:
Stormwater channel dredging, stormwater crosscut streets, culverts,
Golden Gate City outfall replacements, Lely Golf Estates, and
Bayshore Gateway CRA, just to name a couple of the stormwater
projects that we have indicated within the five-year plan.
Interesting, before 2020, the school district in the 15 or 16 years
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that I was doing the AUIR, we hadn't proposed one new school.
Now, we know that the triple -- the new high school off of Veterans
Memorial just recently opened up. Two new schools are also being
proposed; site L, which is an elementary school, and Site Q, an
elementary school. Site L is on Moulder Drive, which is just off of
Immokalee Road heading to the east, and then Site Q, the elementary
school, is in Ave Maria. As I said, that's kind of where the growth is
migrating to.
Law enforcement is another area where we have some identified
needs that we have to fulfill for the SO office. First on the proposed
was the forensic science facility. We also have a District 1
substation and a District 5 substation that we've been looking to
replace over the -- for the next -- or over the last couple years that
we're going to make some headway on as well.
And then, finally, your -- EMS, your emergency services. We
have DeSoto Boulevard, Old 41, Heritage Bay, Immokalee/Collier,
and Fiddler's Creek all scheduled within this first five-year period.
All of these are designed to maintain, like I said, the level of service.
And the way we do this and how we advertise this is, is when you
came to Naples and whenever you got here, there was a level -- there
was something about the county, the area that you found attractive,
and we wanted to maintain those levels of service people -- over
time, so that's what this is designed to do so people don't feel like
there is an erosion within the overall quality of the infrastructure.
And it does become challenging, because as we reach 405-,
410,000 permanent population, that's a population of 500,000 people
within -- within our seasonal months. When those hit,
sometimes -- the way you experience your road system in January,
February, and March can be a bit taxing.
So we understand it is a challenge, but we are -- we are -- we've
identified at least the programs and the projects that we needed to
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maintain the levels of service over these next five years.
And with that, any questions that you may have related to the
AUIR?
CHAIRMAN LoCASTRO: Commissioner Saunders.
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I'll have some other questions later on, but the first thing that
popped into my mind is, obviously, the most important thing we do is
law enforcement, and EMS, I think, fits into that category as well.
And so my question is, you're indicating that we've a
$500 million shortfall in the next five years. My question is, how
much of that shortfall is in the needs for law enforcement?
Obviously, we can change our levels of service and
change -- eliminate some of those shortfalls -- some of that shortfall.
But I'm really curious about what your projection is for law
enforcement and also for EMS, because you mentioned, I think, five
stations for EMS. So what's the shortfall there?
MR. BOSI: Well, the 500 million that I identified was only for
the Category A facilities. And law enforcement and EMS are both
Category B facilities.
COMMISSIONER SAUNDERS: So all those facilities are
fully funded?
MR. BOSI: Those -- EMS and law enforcement both will need
additional funding from the general revenues.
COMMISSIONER SAUNDERS: That's what I'm asking. We
have a budget in place right now where, obviously, with
Commissioner Hall's leadership we're going to be doing the
program-based budgeting, and that's going to perhaps free up money
from one area so we can move it into another, but I want to focus just
on health -- I'm sorry. I want to focus just on law enforcement and
EMS as to where we are with any potential shortfalls, because those
are areas that we cannot afford to fail to fund fully.
December 12, 2023
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MS. PATTERSON: So while Mike is pulling up the law
enforcement numbers, let me talk to you about both of those facilities
a little bit. You'll be seeing -- in January we're going to be coming
back to you to talk about the award of the bid for Station 74, which is
the DeSoto station. Now, that is a large facility intended to house
multiple agencies besides just EMS. So the funding strategy on that
one is -- has been sort of in work on how best to do that.
So a couple of positive things. 74 being the next station to go,
we're looking at a funding strategy where the county may end up and
build 74 but then enter into agreements with both North Collier and
Greater Naples because they have facilities on the books that are
following shortly after, Station 14 in DeSoto, which will serve a large
portion of the villages for North Collier, and then in a couple of
years, Greater Naples is looking to site a facility down towards
Fiddler's Creek, another area of need.
So if we can start to leverage our resources differently, it's going
to -- it's going to look a little differently than what we've done before
but actually probably work a lot better for the rest of us. Mentioning
also the Old 41 station, which we do have some surtax dollars that
will be applied to one of these stations or multiple stations.
The Old 41 station, we currently own property. It is a small and
constrained piece of property that could fit an EMS station but is not
conducive to -- really to a good collocation. Recently, through
land-use actions, North Collier is now the recipient of a piece of
property that is in the general vicinity, allowing for collocation there,
which may allow us to dispose of the property, that isn't as good, and
put the money towards potentially the construction of that station.
Along with Chief Choate, who's our new executive director of
public safety, we're also looking at the placement of additional EMS
units at existing fire stations where we don't have EMS units to
provide coverage in some of these areas like Heritage Bay and down
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in East Naples.
We do need to work on that level of service. EMS has one of
the most complex level-of-service layerings of all of our areas. They
have an impact fee level of service, a functional level of service, and
a response time level of service.
Having said all of that, we're trying to change our thinking a
little bit in that we have a lot of fire stations and a lot of public safety
facilities. So equating always constructing a new EMS station may
not be the model moving forward when we have the ability to place
EMS units in existing facilities. So the shortfalls in EMS -- is this
EMS we're looking at, Mike, now?
MR. BOSI: This is law enforcement.
MS. PATTERSON: This is law enforcement.
Okay. We'll put a tag on talking about the shortfall in EMS.
That one is a work in progress but one that we are aggressively
addressing. So I think we have some solutions there that are going
to help us with that funding shortfall situation.
Next up is law enforcement. And here, so you know that we
have the forensic building that is getting ready to go out to bid, so
that's a big piece of this. Obviously, the Board had made the
decision to put the second floor on that facility. Additional funding
will be going to that facility via the sales tax.
The other two really important pieces here and representing that
about $4 million plus or minus of additional funding needed in the
five years is related to the station -- or the substation needed up in the
north part of the county which we are actively looking for appropriate
sites. As you can imagine, that is not that easy because there's just
not that much available up in the north part of the county, so that's a
work in progress.
Again, the availability of collocation makes this both financially
easier and -- easier because we're not looking for vacant property.
December 12, 2023
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A better story to tell about the East Naples substation location.
Because of that collocation that I mentioned with Greater Naples for
EMS, there's the ability that law enforcement will -- may be able to
collocate there. It's a larger site. So that number is something that
we're going to be working on over the upcoming years. It's not a
good answer for what the actual specific shortfall is, acknowledging
that there is one, but also starting to look at these collocations and
shared facilities a little bit different to be able to get over that hurdle
with the funding.
COMMISSIONER SAUNDERS: You had all the shared
locations; you had best-case scenario there. Do you just have kind
of a ballpark of where you -- or how much you would still be short if
everything came together the way you would hope it would?
MS. PATTERSON: I think on EMS, our shortfall is going to
look a lot better. It may be a couple of million dollars. But
because, again, of this different thinking about the collocation, we
may have upfront costs to do our station, but then we're going to be
able to go into the other stations without having to front money.
I think for working right now, a good number on the Sheriff's is
going to be that $4 million; except if we end up needing to acquire a
piece of property somewhere in the northern part of this county, that
may look completely different but, again, we may be able to then find
other emergency responder partners that would help with that.
But I would say that on this one, that we really need to keep
working on -- on those options as well as trying to right-size these
levels of service. And when I say that, it's not an intent to reduce
them, but both of these have complicated levels of service that are
hard to equate to the actual need. They're driven largely by the
levels of service that were originally started by the impact fee studies,
and we've been, for the last several years, trying to find ways to
articulate those levels of service that don't overinflate the need and
December 12, 2023
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allow us to properly articulate it.
It's safe to say that there are shortfalls in both of them; however,
it's also important to note that we're looking at all of these partnership
arrangements to be able to get there.
Once we talk to you about Station 74 in January, it's going to
give you a much better picture of what that horizon looks like,
especially for EMS.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: Three little quick questions. Are
the bridges that you mentioned, are they new bridges, or are they --
MR. BOSI: These are new bridges.
COMMISSIONER McDANIEL: Okay. That's what I
thought, because I was thinking faster response. If there's already a
bridge there, just get over it quicker.
So the second question I have is, do you think that 20 percent is
an adequate adder for season? Because it sure feels like there's more
than 20 percent going on.
MR. BOSI: We've been asked to do a level-of-service analysis.
We've looked at the 20 percent. The numbers tend to bear
themselves out. What I will say, I think there are probably
weekends or weeks in March where we may exceed that a bit.
March is just the -- it's the heaviest month in terms of the demand
upon our roadway system.
And it's -- there's -- there are times -- but what we've looked at
from at least our trip counts and from our wastewater disposal rates
and our potable water consumption rates, that 20 percent still is a
number that fits within -- fits within the program.
And one of the other things I will say is as we grow bigger and
bigger, normally your percentage of seasonal population decreases
because your population is a larger number. So staff -- from a staff
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perspective, we still think that 20 percent is something that works
well and ensures that we have the capacity we need. It just might
not feel like it in the middle of March.
COMMISSIONER HALL: Does that 20 percent follow over
into non-season --
MR. BOSI: That 20 percent --
COMMISSIONER HALL: -- as an average?
MR. BOSI: That 20 percent is the additional capacity you feel
mid April when season has started to wind down. And you look at
our road system. One of the things that I will say, you drive down
Santa Barbara at 7:30, 7:45 in mid April, mid May, you have nothing
but capacity. You have nothing but capacity within your road
system. It's just during seasonal months, during our peak and our
a.m. hours, peak traffic demands, it is -- it is taxing upon the system.
COMMISSIONER HALL: Okay. And then, lastly, is the
property that you were referring to for joint in North Collier, is that
the Suave? Has that been considered, the Suave, where they're going
to give us some property there for --
MS. PATTERSON: The Kalea Bay property?
COMMISSIONER HALL: Yeah.
MS. PATTERSON: That is it, yep.
COMMISSIONER HALL: Okay.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Oh, let's talk about the
bridges. Has consideration -- Trinity, has consideration been given
to take the bridges that are being proposed back to a restudy of any
sort? I mean, I was participatory in the original East of 951 Horizon
Study in the determination of these 15 some odd bridges, 10 or 12,
however many there is in total. And the one that jumps out at me on
this is the bridge on 47th over -- from Immokalee Road over to
Everglades Boulevard.
December 12, 2023
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And we don't have capacity on either of those two roads to
increase the through traffic on either Everglades and/or Immokalee
Road even though -- and I found when we reached out to the Sheriff's
Department, a heavier weight was put on priority of that bridge based
upon mobile access for -- and I look at Commissioner Kowal because
he's the Sheriff right now.
But I look at -- you know, I had -- I wanted more priority being
put on the fixed station emergency responders to be able to get from
A to B as opposed to our Sheriff's Department, because the Sheriff's
Department, they don't sit in the substation and wait for the bell to
ring like the other first responders do.
So I -- before we plunk a bridge in, I want to make sure that
we've got capacity on either end of that to be able to handle the
through traffic that's going to come that's not emergency responders.
MS. SCOTT: For the record, Trinity Scott, Transportation
Management Services department head.
Yes, sir. We restudied those bridges as -- part of a continuation
of the original agenda item was to send us back to look at that very
issue that you talked about, which was the fixed station, not the
Collier Sheriff -- just Collier Sheriff, because they don't necessarily
respond from a fixed station. They may be out and about coming
from another call.
And still, that bridge filtered up higher. That specific bridge
will be probably one of the last ones that we will build because, as
you may be aware -- and a few of our commissioners were probably
not on the Metropolitan Planning Organization Board at the time, but
we went through a federal process to make that bridge, 8th and 16th
"federal 8 eligible" so that we are able to accept federal funding to be
able to construct that bridge.
So we are currently pursuing additional funding for that bridge
through the MPO process, which those dollars will not be available
December 12, 2023
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until Fiscal Year '29ish. So that bridge will probably be one of the
latter ones that we do.
COMMISSIONER McDANIEL: Okay. Very good.
MS. SCOTT: Thank you.
COMMISSIONER McDANIEL: And just in case I'm not here
in '29, just make sure that the capacity --
MS. SCOTT: We'll come find you.
COMMISSIONER McDANIEL: Yeah. You do know where I
live.
But just make sure that the capacity on either side is addressed
in advance of the installation of the bridge. We learned a really,
really difficult lesson on the first bridge that we plunked in on 8th
and addressed most of that for 16th. But I just want to make sure
that that capacity's addressed, please.
And then my second question, Mr. Bosi, and it may be we'll get
into it in the next agenda item, and that's revenue sources, alternative
revenue sources. Other than just a designation of a deficit, where's
the potential money coming from?
MR. BOSI: Not being the finance guy, you may want to turn it
over to the County Manager.
MS. PATTERSON: Commissioners, so there are -- there are
options. Obviously, some of these facilities are heavily funded by
the General Fund. Each of them represented here, particularly the
EMS and law enforcement, do have an impact fee.
The issue is that over the last several years, the way that we are
allowed now to develop and assess those fees is significantly
changed. So we'll be looking at the impacts of those changes on
those funding streams on a going-forward basis.
They have utilized surtax in the past, which we'll be talking
about on the next agenda item. And then, of course, there are other
options that we have that would be -- which was utilized for
December 12, 2023
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stormwater as a good example.
We're now completing work on the projects that were part of a
$60 million bond issue. So now not being the best time to be
borrowing due to interest rates, but when we return to a more
favorable type of environment, there may be some ability to borrow
for some of these projects utilizing various funding sources to pay
them back and then, just to make you twitch, we could talk about
things like a franchise fee and some of the other available funding
sources that are -- that are appropriate for infrastructure and are less
restrictive than some of our choices like impact fees, which can only
be used for growth.
So we have a suite of options just depending on what the
Board's appetite is, but we will be going through an analysis with our
consultants for the priority/zero-based budget to look at the capital
program because we know that the big dollars in our budget lie
largely within the capital program and looking at how we may
re-prioritize or look at some of these things differently, and they had
on the list options for different revenue options.
So we'll be looking forward to those conversations, but we do
have some -- we do have some options outside of the traditional two
prongs we've used in the past, which is impact fees and then our ad
valorem.
COMMISSIONER McDANIEL: And just so I say it out loud,
and everybody needs to be hearing, including our new MPO director
who's hiding back there in the corner, we're all talking about
immediacy with regard to our impacts and capacities that we have on
our road systems. There is -- there is an outlet now that needs to be
pursued vigorously, and that is the partial interchange at Everglades
and 75. That can be a huge relief valve for our eastern grid system
that really wasn't existent. We really didn't have that opportunity.
It's now -- and we didn't have an opportunity to even ask.
December 12, 2023
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So I'm planning a trip to Washington in the spring. I'm really
looking for some support to ratify the necessity for that as a relief
valve for existing system that we have. We don't have a lot of
capacity on Immokalee Road now. I mean, it's pretty much
over -- we can't just throw another lane in there and turn it into an
eight-lane system.
Vanderbilt's extension out to Everglades Boulevard's going to be
a huge benefit and a relief valve there. But if we could really
prioritize that partial interchange.
We all know that there was an IJR that was put in place for that
vicinity at one time, but now it's time to start talking about what we
can do on a, relatively speaking, short-term basis to offer up some
capacity on our existing road systems by that relief valve. Did you
get that?
CHAIRMAN LoCASTRO: Anybody else?
(No response.)
CHAIRMAN LoCASTRO: Do you have anything else to add,
Mr. Bosi?
MR. BOSI: Nothing other than seeking a motion to accept and
adopt the 2023 AUIR and CIE as presented.
CHAIRMAN LoCASTRO: Do I have a motion to accept? Go
ahead, sir.
COMMISSIONER SAUNDERS: Can I ask a question?
CHAIRMAN LoCASTRO: Absolutely.
COMMISSIONER SAUNDERS: This may be a question for
the County Attorney.
CHAIRMAN LoCASTRO: Absolutely.
COMMISSIONER SAUNDERS: If we adopt this, it sets the
levels of service for a variety of different things, and that kind of
drives our budget. But we're going through this program budgeting
process where we may find out that some of these priorities are not
December 12, 2023
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really the right ones, or some of these levels of service may be too
high.
Can we, during the year, lower our levels of service, or is that
even relevant? We just approve a budget regardless of what the
AUIR says?
MR. KLATZKOW: You don't really need to lower the level of
service. We could just move on forward with it. Your AUIR
deficit will grow if you don't lower the level of service, but
it's -- we're compelled under the statute to have water, sewer as
concurrency. We're not compelled under state statute to do
transportation or anything like that. That's something we
self-impose on ourselves.
COMMISSIONER SAUNDERS: Thank you. Thank you.
CHAIRMAN LoCASTRO: But during the year, if we wanted
to make adjustments to this, you're saying it wouldn't be needed or --
MR. KLATZKOW: No. It would just -- the AUIR is
predominantly a planning exercise where staff's telling you that these
are our needs in the future and this is how much it's going to cost. If
you want to keep the level of service, then you've got to budget those
monies. And if you don't, there will be a shortfall. But it's our
shortfall. It's not required by the state other than really what George
does.
CHAIRMAN LoCASTRO: Okay. Your question, though, if
we got a lot smarter in certain areas and it did adjust some things, do
we have to do a -- do we have to do a -- you know, make some edits
or anything like that?
(No verbal response.)
CHAIRMAN LoCASTRO: Okay.
MS. PATTERSON: Commissioners, when we've made
adjustments to levels of service in the past, which happens
infrequently, we have come back, then, and embodied it in the next
December 12, 2023
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year's AUIR.
CHAIRMAN LoCASTRO: Okay.
MS. PATTERSON: What comes to mind is a change to the
parks' acreage. It may mean, as we move through this process with
the consultant, as well as when we bring you back all 10 of your
impact fees for their updates, we may be talking level of service in
much greater detail, and it may drive a conversation to make
adjustments to level of service. We'll have to accommodate those
not only to Commissioner Saunders' point in how we look at the
budget, but then also as that translates into the AUIR for next year.
So this is going to be probably a theme we're working on
through the springtime as you start to see these studies come forward
and we work through the recommendations of our consultant.
CHAIRMAN LoCASTRO: Okay. Very good. Thank you.
Okay. So do I have a motion to accept the presentation as it's
given?
COMMISSIONER KOWAL: So moved.
MS. PATTERSON: What is your -- you need a specific
recommendation?
MR. BOSI: Just a motion to adopt the 2023 AUIR and
associated Capital Improvement Element as presented.
CHAIRMAN LoCASTRO: Okay. Do I have a motion to
adopt the --
COMMISSIONER McDANIEL: So moved.
CHAIRMAN LoCASTRO: -- AUIR? Okay. I've got a
motion from, I'll say, Commissioner McDaniel, and a second by
Commissioner Kowal.
All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER HALL: Aye.
CHAIRMAN LoCASTRO: Aye.
December 12, 2023
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COMMISSIONER SAUNDERS: Aye.
COMMISSIONER KOWAL: Aye.
CHAIRMAN LoCASTRO: Opposed?
(No response.)
CHAIRMAN LoCASTRO: Adopted. Passed unanimously.
Item #11A
THE BOARD CONSIDER EXPLORING A 2026 COUNTYWIDE
INFRASTRUCTURE SALES SURTAX VOTER REFERENDUM
AND AUTHORIZE STAFF TO INITIATE RELATED ACTIONS.
(THIS IS A COMPANION TO ITEM #9D) (ED FINN, DEPUTY
COUNTY MANAGER) (ALL DISTRICTS) – DISCUSSED
MS. PATTERSON: Commissioners, that brings us to the
companion item. This is Item 11A. This is a recommendation that
the Board consider exploring a 2026 countywide infrastructure sales
surtax voter referendum and authorize staff to initiate related actions.
This comes to the agenda based on our conversation at the last Board
meeting in November when we walked through some of the steps that
are needed to bring this back to the voters either potentially in 2024
or later in 2026.
Mr. Finn has spent some time laying out the steps and is here to
provide information and take you through the presentation and
questions.
MR. FINN: Terrific. Thank you, ma'am. Edward Finn,
Deputy County Manager.
The County Manager's Office has fielded a number of questions
on re-upping or when we're going to re-up, how we're going to
approach the infrastructure surtax going forward, and for that reason
we're bringing it back for the Board to at least broach the subject and
December 12, 2023
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provide -- provide some facts, some information on it, and just
generally enter into a dialogue with the Board.
Our recommendation, if there is one today, is for the Board to
give this matter some consideration and mostly give us direction to
be able to start to explore this at some level. There is a fair amount
of stakeholder involvement. There is a lot of defining of projects
and needs. It will dovetail nicely into our enhanced review of
county needs associated with the priority-based budgeting as well as
the AUIR.
And as you heard today, order of magnitude, the AUIR that you
looked at today has a half-billion-dollar shortfall in its funding, and
that, interestingly enough, is not too far off what a one-cent sales tax
could achieve in five years.
CHAIRMAN LoCASTRO: Commissioner Saunders, did you
want to jump in here?
COMMISSIONER SAUNDERS: Yeah. I wanted to make a
comment on that. I was one of the commissioners -- there were
three of us that voted to approve placement of the sales tax -- the
one-cent sales tax on the ballot. I'm the only one on the Board now
that had supported that. And there were only three that supported it,
and one of the three basically really didn't support it in any
meaningful way. It only passed by a very small percentage,
probably 1 or 2 percent.
COMMISSIONER McDANIEL: Less than 1 percent.
COMMISSIONER SAUNDERS: What was that; how much?
COMMISSIONER McDANIEL: Less than 1 percent.
COMMISSIONER SAUNDERS: Less than 1 percent. So the
reality, I think, now, is that that type of thing, I don't think the Board
would vote to put it on the ballot. If it was put on the ballot, I don't
think it would pass. But we also made a commitment when we put
that on the ballot that this was a one-time thing. We had a
December 12, 2023
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seven-year time frame and the question was, well, will this end?
And the answer was, yes, it will end. And so I think we would be
basically going back on our commitment at that time to do this that
one time and not consider it again in the short-term.
So I'm not supportive of moving forward with this. I mention
this because I know you're building budgets, and you're making some
assumptions, and my assumption is this is kind of a no-go.
MR. FINN: Yes, sir. And we understand that. The County
Manager is not rushing into this. Rather, we're looking at a two-year
horizon to consider and develop a ballot item for consideration.
During that two years, we would have an opportunity to reach out to
the stakeholders, reach out to the Board. As I say, we'll have an
improved priority budgeting tool in place.
For example, I will say that in February when we come before
the Board to kick off our budget policy discussion with the Board,
we're probably going to reintroduce the AUIR, we're going to talk
about the strategic plan, some new strategic priorities, and how what
we're doing ties into that.
And we will not in any way be suggesting that a new surtax be
considered for inclusion to support the budget. That will not happen
for next year's budget. And if I had my druthers, it wouldn't happen
in the year after that; rather, it wouldn't happen until it was actually in
place, including a step that's in the ordinance currently, which is an
advisory board that's responsible for determining that the projects
being funded do, in fact, comply with the intent of the surtax.
So your point -- your point is well made and, as always, I
understand it. We are not in a position to rush anything and, rather,
insofar as we do work on it, we want to be certain that we have some
support to at least expend nominal effort on it, if for no other reason,
to be able to respond to inquiries or at least come up with a concept
and reach out, as I say, to stakeholders.
December 12, 2023
Page 239
CHAIRMAN LoCASTRO: Commissioner Hall.
COMMISSIONER HALL: You know, it's easy to sit back and
think about, oh, what can we do with this money and what could we
do with that money, and this could be the budget -- you know, this
could fill the deficit. But, you know, I mentioned earlier, we're
representatives of the people.
I don't have a large amount of people on my newsletter, but I've
got 20,000-plus. And I sent out a specific survey asking those
people what they thought about a referendum for this surtax. Of that
20,000, about 11,000 -- about a little over half of them opened up the
email, and out of the 11,000, 350 or -60, something like that, a small
amount actually answered the survey. And the survey results were
64 percent as they would not want to see that and 36 percent saying,
yes, they would entertain that.
And I was disappointed in the turnout of it, but the results, even
when I asked people playing -- I'm playing tennis with, and I can
even put it to them like, just a mere 1 percent can do all this for the
county, they're like, we're not interested in that.
So I just wanted to share that publicly. And I can concur with
Commissioner Saunders; I don't think that this is something that the
people are wanting.
CHAIRMAN LoCASTRO: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Well, Commissioner
Saunders was correct, and I didn't -- did not vote to support the
original referendum. Now, on a -- on the other side of it, now I'm
over here, I did and have seen the benefit of those revenues to our
community. We were and still are behind. We were behind a lot
more before the existence of the sales tax.
I'm not a proponent of it right now, by no means; I haven't
changed my position. I think we're on a proper course by moving
over to the performance-based budgeting. I think we're on a proper
December 12, 2023
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course for the study of the impact fees. I think we're on a proper
course for re-prioritizing what we're doing with the taxpayers' money.
And so I personally don't have a flavor for moving forward with the
sales tax initiative.
I have been requested by Everglades City -- the mayor, actually.
I spoke with him today, and I'll share with you what I -- I told him the
same thing when I talked to him. I said, I would express that he
was -- the city was in support of us moving forward with this, but I
also, on the same token, suggested that they reengage -- he reengage
his counsel and maybe partner up with us in this new process that
we're initiating with the performance budgeting just to -- just to see if
Everglades City may have a little bit of room in how they're doing
what they're doing with the taxpayers' money for and until we get
further down the road and determine whether or not the need to have
more money is actually what we want to do.
CHAIRMAN LoCASTRO: Commissioner Kowal.
COMMISSIONER KOWAL: Thank you, Chairman.
Yeah, like Commissioner Saunders said, I mean, I definitely was
not part of that back then. And, you know, I've had the opportunity
this past year to participate in, I believe, a couple projects with the
mental health facility and a few that -- and, of course, our VA, our
veterans home, you know, where the surtax was used. And myself
not being part of it and -- the initial one, I did the same thing
Commissioner Hall did, I put out an email specifically describing
what the surtax did and the projects it went to and what we've already
earmarked, and it had captured comments and a vote. And
about -- same amount of emails, about 12,000 or so.
And I wasn't quite impressed with the response back, but a few
hundred responses back. And it wasn't that they hated it so much;
that they just didn't see results yet of what has already been taken
from the public, you know, in the surtax, you know, whatever the
December 12, 2023
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409-, I think over 500 million what it will end up being by the end of
this month, and I think sometimes people like to see where the money
went before they kind of pony up any more.
So -- and my results was a little closer. It was about
54.1 percent to 46. It was 54 no. So I put it to my constituents
because, like I said, I had no pony or dog in this fight from the
beginning. But, you know, I figured that was the best thing I could
do as a new commissioner was take it to my people and see where
they stood on it, and it looks like they're not favorable to it, so...
MR. FINN: Fair enough. And if I may, sir, where we are with
the expenditure of these funds is it is not all expended. And you're
absolutely right, a lot of the projects that we're working on are
coming to fruition now, including the State Veterans Nursing Home;
the Sheriff's forensic building, as the County Manager said, is
presently out to bid, and that's quite substantial; and the mental health
facility is moving forward.
So to the extent that they're not constructed, you're absolutely
right, it would be our intent that those show material progression
between now and when we maybe consider this in the future to be
able to demonstrate that we can spend those funds appropriately and
consistent with what the voters approved at that time. So I take your
point very well. Appreciate that.
CHAIRMAN LoCASTRO: So here's what I found out talking
to quite a few people as well: How much confusion there was over
this. Like, I'll go back to the vote today on the moratorium, okay. I
do think the majority of people thought we were voting on the
moratorium yes or no today, right?
Conservation Collier, look at how much confusion there was
there about how the program works. I mean, I still get emails from
people: Conservation Collier should buy the big lot next to our
gated community so they don't build any more homes there. And it's
December 12, 2023
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like, well, that's not what the Conservation -- and these are people
that have lived here for a long time.
What I found, asking people about the surtax -- and I wasn't part
of it either. It was 2018 when it was initially approved to put on the
ballot. But folks that I talk to, there's a lot of them that thought we
had the authority here. Don't approve the surtax. We don't want it
anymore. Or, wow, it did so much good; we hope the five
commissioners agree to definitely let it continue. And I then had to
explain to them, no, the only thing we would get to decide is if you
would -- if we would put it on the ballot so you could decide.
And I knew it was a close vote, but what I found is that unless I
really explained it to somebody, the folks that understood that it
funded -- it helped fund the state-funded veterans' nursing home and
a myriad of other things, they saw the value, and then they asked me,
if it was on the ballot, would there be another list of things? And oh,
absolutely. Maybe fire stations. You know, there's all kinds of
things that were left off of the last list or that we've since thought
about.
And I'm not -- I agree with my colleagues here, but I'm just
going to throw this out for the sake of discussion. We're not
deciding if we're going to, you know, continue the tax or not -- really
not -- we're not continuing it. It is sunsetting at the end of this year.
So the discussion is, do we want to put it on a future ballot, next
year's ballot or, you know, maybe even in two years, possibly.
And in the end it's really the voters' decision. So, I mean, if
we -- and I'm just saying this as devil advocate. If we say no up
here, then we're not giving the voters a chance to decide at all; we're
deciding for them here. And, you know, I'm not saying -- I'm not
making that as a motion.
But what I found is when I talked to the people that were in my
district and even other outside folks, so many of them were confused
December 12, 2023
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by it or if they -- if I explained it to them, a vast majority thought it
was a big plus when they heard the laundry list of all the things that it
funded.
And then, of course, I have the same thing. I have a
municipality in my district, the City of Marco. And, you know, they
were the first ones that sent us a letter, like, two months ago saying
that they feel that, you know, reinstating it, I guess is a better term,
not continuing it, but basically putting it back on the ballot for a
second go is something that, you know, they feel like they're
speaking for all their constituents.
And I don't know what their percentage is. You know, getting a
letter from them doesn't mean that 90 percent of the Marco residents
are in favor of it or against it, but, you know, as a collective group,
the Marco City Council had the same position as the City of
Everglades, because they saw a benefit in what they got, and they
have a short list of future things.
So, I mean, just for the sake of discussion from my colleagues,
we're not voting on whether we think the tax is good or bad or we
should vote for it or not, but should we allow citizens to have the
opportunity in a year or two to put it back on the ballot and see?
You know, with more education, maybe it would fail 80 percent to
20 percent, and it wouldn't be 51/49, or whatever it was.
So, Commissioner Saunders, what's your thoughts on that, sir,
or --
COMMISSIONER SAUNDERS: Well, my thought is simply
that I don't think this Board would vote to put it on the ballot, and I
don't think the voters would approve it. And in addition, we said
back in 2018 this is a seven-year program that will sunset, and it will
not be renewed.
Now, obviously, we can change our mind, and we can put it on
the ballot, but I think -- I think if we continue this discussion, it's
December 12, 2023
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misleading. I don't think there's any appetite on this board to put it
on the ballot at any time. Now, that may change in a couple years,
but right now I think it's a waste of staff time to even think about a
renewal of the sales tax because I'm not going to support it, and I
don't expect anybody else on the Board to support it. So why have
the conversation any further?
Now, come back in a couple years, maybe things have changed,
and we can renew -- we can renew the discussion but, otherwise,
we're just wasting staff's time and misleading the public.
MR. FINN: Yes, sir. And I acknowledge that. I'm just
pleased to have had the discussion with you to see where the Board
sits on this, and that will help us move forward.
COMMISSIONER SAUNDERS: And I don't know if I've
overstated it, but I think that's --
CHAIRMAN LoCASTRO: Well, I mean, just hypothetically,
you know, we all know our constituents to the best of our ability.
Do you think if it was on the ballot, it would be -- it wouldn't be as
close of a vote, that it actually would fail at a greater percentage? I
mean, I'm just asking you to take a guess at it. What would you
think?
COMMISSIONER McDANIEL: The answer is yes.
CHAIRMAN LoCASTRO: It was close the first time because
it was sort of --
COMMISSIONER SAUNDERS: Back in 2018, the economic
climate was a whole lot better than it is now, and there was a whole
lot of opposition to it. And like you said, it passed by less than
1 percent. You roll the clock forward, inflation is relatively high.
It's going down. Rental cost, everything has gone up, food costs,
everything. I just don't see anybody really eagerly voting for this.
And, like I said, I personally would not vote to put it on the ballot.
CHAIRMAN LoCASTRO: I just -- I just want to just make
December 12, 2023
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sure we have, like, as aggressive a discussion as possible because, if
we kill it here, then -- which is fine, then, you know, we're basically
telling the citizens that maybe think it's a great idea, hey, we sort of
decided for you.
But I tend to agree with you. I think if it was on the ballot with
the education that people have -- it has funded quite a bit. We
collected money faster than what we thought. It's sunsetting sooner.
And let's see the fruits of that labor. And like -- I think when I
talked with Ms. Patterson, right, an option could be we skip a year,
and we have the same conversation maybe for 2027, right? I mean,
it's always an option.
MS. PATTERSON: 2026. And I think to that point is that as
we go through the budget process --
CHAIRMAN LoCASTRO: 2026.
MS. PATTERSON: -- this year -- so it appears the door is
closed on 2024 because, really, even if we were all excited about it, it
would be quite a lift to develop the ballot language and a robust
project list that was well vetted to get it onto the ballot for '24.
CHAIRMAN LoCASTRO: This would be a good conversation
to have in 2024 for a future -- it might not be a long conversation, but
it would be a -- we would address it.
MS. PATTERSON: It's probably a good conversation to
continue to have in general about various funding sources outside of
the regular ones that we're used to as options. Again, we have, you
know, a couple of different ones that come up from time to time, this
being one of them. But as we move through this new priority
budgeting, as we look at the implications to some of the other
funding streams -- I'll mention the impact fees again. We could be
facing a legislative session that brings more changes to the impact
fees. We may be having a different conversation, and then people
may feel differently. If we're replacing a funding source with
December 12, 2023
Page 246
another funding source is a different question then it's a supplemental
funding source.
So the picture may change as more information becomes
available and as we understand not only what the economy does, but
as we, again, do these studies on efficiency and priority, then we
really understand where the public is on this. And, you know, if
they remain very motivated about transportation improvements or if
we end up having more difficulties with our stormwater system, then
we have a different conversation to have.
So the conversation today, again, really probably just says we're
not ready for 2024. Get some more time under our belt, get more
projects out of the ground, but keep a refresher for this as we talk
about the way we fund capital projects, and it doesn't close the door
for 2026.
CHAIRMAN LoCASTRO: And then, you know, we continue
to talk with our constituents and come back with even more
information. And then a lot of these projects will have come to
fruition. So if people think, wow, you know, we wouldn't have had
that mental health facility or it would have been a much more
difficult reach, there might be folks that think -- or there might be
people that think, you know, we got enough additional projects, and
there isn't, you know, a need to tax.
I definitely agree with Commissioner Saunders that it's a
difficult economic time right now. So in 2018 it was a
different -- that's a really good point that -- and it barely passed when
times were a little bit better.
So do we need to actually vote on something or no?
MS. PATTERSON: No. I think if you just give us direction
that, you know, this is something that we'll keep on our to-do list, that
as we continue to vet the capital program, we'll have this one on
something that we'll talk about from time to time as we move towards
December 12, 2023
Page 247
2026.
CHAIRMAN LoCASTRO: Does anybody object to that?
MS. PATTERSON: Jeff?
MR. MILLER: Mr. Chair, I'm pretty sure I know everyone in
the room, and this person's not here, but I do need to call the name.
Juliana Meek.
(No response.)
MR. MILLER: She is not here. I just wanted to -- because she
registered for this item.
CHAIRMAN LoCASTRO: Okay. Any objections of the way
forward? Anybody?
COMMISSIONER HALL: No.
COMMISSIONER McDANIEL: No.
CHAIRMAN LoCASTRO: Okay. Good discussion. Thanks.
MR. FINN: Very good. Thank you.
CHAIRMAN LoCASTRO: Thanks.
Item #15A
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT
ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS
IN THIS MEETING.
MS. PATTERSON: Commissioners, that brings us to Item 15,
staff and commission general communications, 15A, public
comments on general topics not on the current or future agenda by
individuals not already heard during previous public comments in the
meeting.
MR. MILLER: We have no one registered at this time.
December 12, 2023
Page 248
Item #15B
STAFF PROJECT UPDATES
MS. PATTERSON: Item 15B, we have no staff project updates
today.
Item #15C
STAFF AND COMMISSION GENERAL COMMUNICATIONS
That brings us to Item 15C, staff and commission general
communications.
Just one or two things. We will be -- as we had mentioned
during the AUIR, we will be having a conversation about Station 74
in January, the award of that bid and a way forward on how we start
to place EMS units throughout the county and our partnerships with
fire, so that's going to be a good conversation.
Secondly, we had planned to have an aquatics update to you
here in the late fall. We've got some more information that we've
been working on as far as an approach to deal with that long-term
maintenance, so we look forward to talking to you about that in the
upcoming month or so. Other than that, I hope you have a -- a
really, really nice holiday, and we're looking forward to the new year.
And, Dan, do you have anything?
MR. RODRIGUEZ: Just for the record, the SnowFest was a
great success; over 4,000 participants from the community, well
organized, being our second event there at the sports complex, so a
lot of happy kids and families out there for the SnowFest, so...
And also, Commissioners, thank you for your support in
extending the agreement with Clam Pass Park and Naples Grande.
December 12, 2023
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You're going to see some improvements to that community park and
the concession as well. And, of course, with the new information
from the County Attorney, we're actually going to see -- we'll work
on that contract with the soccer league and make sure that we bring it
back to all parties, and it will be great.
CHAIRMAN LoCASTRO: Okay. County Attorney, do you
have anything, sir?
MR. KLATZKOW: Just Happy Holidays.
CHAIRMAN LoCASTRO: Mr. Miller?
MR. MILLER: Merry Christmas.
CHAIRMAN LoCASTRO: Okay. I'll start with
Commissioner McDaniel, sir. Rock Road? Anything?
COMMISSIONER McDANIEL: No. I hear we're making
improvements to Rock Road, by the way.
I have two points. One, I want to wish everybody a Merry
Christmas.
Number 2, I wanted to ask you -- you know, we took care of the
Marco Shores project that was here -- that was here for us to vote on,
but we kind of left the direction to staff for the creation or the
exploration of an MSTU with some foundation. If that's -- I mean,
that -- we, the airport authority, which is us, has made a significant
investment into the Marco airport. And I was wondering if there
was a flavor to give direction to staff to do some exploration about
enhancing the landscaping and finding -- truing up those costs as
opposed to -- with no disrespect, but as opposed to residents throwing
darts as to what the -- what the median ought to look like; if maybe
we ought to explore that.
We do have a commitment from a developer to offset some of
those expenses. I just wanted to -- I was thinking about we never
really addressed that.
CHAIRMAN LoCASTRO: Well, I mean, we were voting
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really on the building, but --
COMMISSIONER McDANIEL: Right.
CHAIRMAN LoCASTRO: -- Trinity Scott and I had talked at
great length about the different unique landscape approaches that we
will continue to have, and even the MSTU, the citizens are, I don't
think, as fully educated on exactly what to do.
So to your point, I mean, I'd like to take the lead working with
staff on this stretch of road in my district that is still -- it's not -- you
know, the landscape wasn't resolved today.
And I actually think, you know, the developer, too, we've got a
good relationship with that developer, and even the citizens have had
decent discussions; we've seen in here some other votes that we've
had where the citizens had minimal interaction. I think I can bring
that group together, and we can move forward on a smarter
landscape, you know, plan and see, you know, monetarily how it
could be put together.
But to Commissioner McDaniel's point -- and it was the same
thing that you and I had talked about, you know, we do own the
airport at the end of the road, and so -- and when people go all the
way down that road, when they turn off Collier Boulevard to get to
the airport, they drive by all of that. So, you know, that's our front
door to the airport as well.
So, you know, to your challenge or your homework assignment,
I mean, I'd love to continue that discussion with --
COMMISSIONER McDANIEL: And on that note, if I just
heard you volunteer, you're in charge of it now, so get it done.
CHAIRMAN LoCASTRO: Yeah. Got it. What was your
second thing? Did you have something else, or that was it?
COMMISSIONER McDANIEL: First was to wish you a
Merry Christmas.
CHAIRMAN LoCASTRO: Oh, okay. Yeah, right. Sure.
December 12, 2023
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Whatever. Humbug. No. I'm just kidding. Thank you.
But we'll -- and I'll keep the Board updated because also, too,
like, I even said we all have Mainsail Drives, you know, and setting
precedent and making sure that, you know, we don't go overboard or
underboard or, you know -- because that will come back to haunt us
as well. Someone will say, well, you did this for Mainsail Drive.
Now I want it in my district and on my street. So, you know, we
have to make sure that we're consistent.
But, Trinity, you and I will sit down and even pull in that Mark
Wagner. He is a big spokesperson for the group. Maybe not the
main guy, but he's one of them, and then even Mr. Davies who's
representing the contractor, we're not done talking to him either.
So we'll -- let's -- get on my calendar, if you would, or I'll get on
yours, and let's continue that discussion, and I'll keep everyone
updated as to what the final outcome was, because what we directed
here was sort of step one to get through the vote, but there's still a lot
of loose ends, for sure.
Commissioner Hall.
COMMISSIONER HALL: I've just got one thing. It's been a
long day, but this -- I want to bring this up because I feel like it's
important.
In one day I had two people contact me of the results of a pretty
onerous and cumbersome ordinance that we have here in Collier
County.
And Mr. Carpenter, if you would -- I want to invite you up and
just briefly let the Board know what happened -- you know, we'll
save all the permit details later.
COMMISSIONER McDANIEL: He's finally smiling. He's
been sitting in the back for --
COMMISSIONER HALL: Oh, he's got a story.
MR. CARPENTER: I've got a long story.
December 12, 2023
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Merry Christmas, Commissioners, and I will be short. And if
you want to shorter me shorter than I am, you're welcome to because
I realize it's a long day, and there's no fans here to support us at this
time of day.
So -- but I have a garden, a large garden behind my house. I
decided to build a little tool shed. It's a little tool shed, and I put it
back there. After I got it back there, I realized that last May I needed
a permit to have it back there. So I was going to be leaving the
country for the month of June as we do; we always leave the country
for June. And I asked the county if I could take it up when I got
back in July; they said, sure, no problem.
So in July I started the permit process for this little shed in the
backyard. I went down and got the permit. After the process of
getting the permit -- I spent $600 on getting the permit. I spent
$1,200 on getting the survey to locate the little building that was
already there. And then after that, in the months ahead to get it, I got
all 14 -- I had 14 different inspections I had to have on this little tool
shed. I got all 14 inspections done, and I thought I was completed.
The inspector came out. All the inspectors were extremely
nice. Had a lot of fun talking to them. The last guy came out and
he said, for goodness sakes it's just a tool shed.
I said, yeah, I know.
And he said, I'll take care of everything. You won't need to do
anything else. But I kept not hearing anything back from the county.
So finally went down and asked them why I hadn't gotten my
occupancy permit to put my tools in my tool shed that had been out
there for the last six months, and they said that I hadn't completed the
8/10 permit on getting the permit for the toolshed. So 18 [sic]
permit is clearing all the exotics from the two-and-a-half acres of my
back lot. So I got prices for that. That's an additional $15,000 for
this little $500 toolshed that I set in the backyard, and that is the
December 12, 2023
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process of getting -- taking --
COMMISSIONER McDANIEL: Well, that's the cost of doing
it illegally in the first place, now.
MR. CARPENTER: Well, the inspectors said that I shouldn't
have ever started the permit process. I said, well, really didn't want
to, but I had to; I got caught.
So anyway, that's my story. Sticking to it. There's lots of
details along the way. I've got 100 pages of county paperwork that I
had to complete here to get this little building in place.
CHAIRMAN LoCASTRO: I can see that there's not quite 100
there, okay.
MR. CARPENTER: I counted while I was back there, because
I really didn't know. There's 86 pages.
CHAIRMAN LoCASTRO: Okay.
MR. CARPENTER: Eighty-six pages.
COMMISSIONER HALL: Thanks, Tim.
MR. CARPENTER: Thank you.
COMMISSIONER HALL: But the point is -- you know, if you
want to put a front door in, you've got to clear your exotics. Now, I
understand that ordinance if we're going to build a new place and
there's a Site Development Plan and that's part of it. I understand
that. But to put -- to have this ordinance in place for someone who
buys a property, there's exotics on it. They put a -- they put a lanai
on their pool, and they can't get the final permit on the -- they can't
get the final inspection on their lanai because they have now 12- to
$15,000 worth of exotics that actually provide their barrier for sound
against I-75.
So what I would like to do is I would like to direct staff to come
back to us with an amendment to that ordinance that makes sense. If
the neighbors complain about it, then there's a seven-and-a-half foot
requirement you have to remove it from your property line, not all of
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them. That's on existing properties with existing, you know,
remodel permits that -- it's not so -- it just makes sense to get rid of
that because that's --
COMMISSIONER McDANIEL: Agreed.
COMMISSIONER HALL: -- big brother government all up in
everybody's business that doesn't need to be there.
COMMISSIONER McDANIEL: And just -- just to add, I'm
totally in favor of doing that. I mean, in Golden Gate Estates, I have
a lady that worked for me, built a gym wall [sic] to his home.
Remember them from the '80s? A little stick frame house on a
75-foot tract. Mother-in-law took ill. They built a mother-in-law
apartment on the side of her home to take care of mother, and it cost
her $4,500 to clear the exotics from the balance of the 7500-foot tract
with two vacant lots next door that are full of exotics, full of exotics.
So we imposed a $4,500 expense on these people just to get the
CO for their mother-in-law apartment. And I like the -- I mean,
Jamie French and I have spoken about this a couple of times, so I
think it's high time.
CHAIRMAN LoCASTRO: I mean, Jamie, are we missing
anything? Because, I mean, if this has been in play for a while, and
then all of a sudden it just got discovered, is there a piece we're
missing, or this is something that's dated, dusty, and is in need of, you
know, an adjustment?
MR. FRENCH: Thank you, Commissioner. For the record,
Jamie French, the department head for Growth
Management/Community Development.
This ordinance dates back. It's part of our Land Development
Code under Section 3 and Section 4 of the Land Development Code.
It's probably 30-plus years old. It's based off of University of
Florida.
Fortunately, Collier County only has 12 exotic species that are
December 12, 2023
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identified. But anytime you add a structure, and it really sounds
like -- and I really haven't had an opportunity to speak in depth with
the gentleman, but it sounds like this is probably a code enforcement
case that turned into a building permit.
CHAIRMAN LoCASTRO: Yeah.
MR. FRENCH: And, unfortunately, you as a Board, the State
of Florida has removed. They are the authority having jurisdiction.
In fact, you just adopted the updates to the latest -- it's updated every
three years -- Florida Building Code. And part of that is -- it's an
800-series inspection, as we call it, and that's to inspect the property.
Now, Commissioner McDaniel and I have had numerous
conversations, and I've had numerous conversations with the County
Manager. We have some ideas. We had been working on this up
until our budget meeting. It was one of those items -- not an excuse.
It was not a UFR, but it was one of those items that were identified.
We simply just don't have the money for an outside consultant, so
Ms. Cook and I are working on it.
We've got some ideas when it comes to some of these ancillary
structures. We would say it's -- we've got a lot -- let me just leave it
like this. We have some ideas. We would not want to influence
any Planned Unit Developments or develop commitments that come
forward in the future.
This would be -- prominently, we would be looking at those
larger lots like Pine Ridge Estates, Logan Woods, Livingston Woods,
Golden Gate Estates, because we do find that there are some benefits,
but it is going to require this LDC amendment. By statute, we'd
have to take it to our Development Services Advisory Committee,
Planning Commission, and then back to you. So it would probably
be spring before we'd be able to bring it back to you for reading and
consideration.
CHAIRMAN LoCASTRO: So two things. Number one,
December 12, 2023
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you'll be able to get with this gentleman?
MR. FRENCH: Yeah.
CHAIRMAN LoCASTRO: And we're not waiting for spring.
But then, number two, do you think there's a lot of citizens that got
burned this way but didn't speak up to either their commissioner or to
the county and wrote a big check and cleared all the exotics and then,
you know, went back inside their house and said, this county is crazy,
but they just did what they were told?
MR. FRENCH: Commissioners, when you come in and you
apply for a permit, you sign an affidavit that says I affirm that I know
the law. You take on the responsibilities of builder when you apply
for an owner/builder in the state of Florida no matter where you are;
so does a contractor. And if they don't -- if they didn't read that
section or they -- it's kind of like a buyer beware.
CHAIRMAN LoCASTRO: Do you know, though, have you
gotten pushback -- has your department gotten pushback before from
citizens like this who said this is crazy, or is this the first time you've
ever heard of it?
MR. FRENCH: I've heard both sides of this argument for over
20 years.
CHAIRMAN LoCASTRO: Okay.
MR. FRENCH: And staff believes that we can find a path
when it comes to some of these ancillary uses, even with a clearing of
some of the Estates lots. It's -- currently, right now, they come in,
they have the ability to clear without a vegetation permit for up to
one acre. So if you're an acre-and-a-quarter lot, as far as we're
concerned, so long as you're not encroaching on the neighbors'
property and you can -- as Commissioner Hall and I discussed, and
you've got that fire line break that would allow for emergency access
or even to prevent those invasives from getting on your neighbors'
property so they not trespass -- but we've -- I can tell you the Code
December 12, 2023
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Enforcement complaints that come in where a neighbor has allowed
their exotics to take over the backyard, and we've literally seen
structures get crushed in on fences, sheds from hedge after a storm.
CHAIRMAN LoCASTRO: But, I mean, this case is ridiculous.
I mean, so he -- and I say that in support of your case and
Commissioner Hall bringing this forward, so -- but it's -- you know,
if it's been -- like you said, we've been going back and forth with this
for 20 years. I'm just surprised that 10 years ago somebody wasn't at
that podium saying, hey, guess what, we just discovered that we're
doing that isn't -- that is ridiculous, but --
MR. FRENCH: It's been around for --
CHAIRMAN LoCASTRO: -- better late than never, I guess.
MR. FRENCH: -- a long time. And I know that
Commissioner McDaniel's probably dealt with it in his previous
career.
So we'd love to revisit it. We're just going to ask -- because
there are some legal processes we have to go through with an LDC
update, we can bring it back to you. And we'll work with the citizen.
CHAIRMAN LoCASTRO: Okay.
MR. FRENCH: Even if he -- even if he goes for a temporary
completion of certificate so he can use his shed, we'll find a path for
that in the meantime. We won't hold him up.
CHAIRMAN LoCASTRO: Sir, you might be able to use your
shed after today. We'll see.
COMMISSIONER McDANIEL: Legally.
CHAIRMAN LoCASTRO: But don't go there prematurely,
okay. Wait for clearance.
And I know Commissioner Kowal lit up. I don't know if you
had something to add on this particular topic.
COMMISSIONER KOWAL: Yeah. I just wanted to -- since
we're all trumping each other on these stories, I figured I'd throw one
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in there. My daughter, about three-and-a-half years ago, got a
permit to build a pool behind her house. She's got 2.8 acres. You're
familiar with the property. I've talked to you about it before. And
that came across at one point before she could get it finalized after
the pool was done, and there's a 170-foot easement that FP&L owns
on the back side of her lot that she had to pay to have the exotics
cleared from FP&L's easement that was about 300 feet away from
where the pool was put in.
And it was -- it is what it is. I think we ended up paying an
extra $9,000 to get in there and clear it out. And it was property
she's not even allowed to use, but she was responsible for clearing it,
you know, to get the permit to use the pool.
CHAIRMAN LoCASTRO: Jamie, how do you sleep at night?
No, I'm just kidding. I appreciate it being brought forward and, you
know, this is how we hear about things.
COMMISSIONER SAUNDERS: I've got one of those stories,
too.
CHAIRMAN LoCASTRO: I don't have any of those stories.
My constituents -- nobody --
(Simultaneous crosstalk.)
COMMISSIONER SAUNDERS: The order of magnitude is
not the same, but Sue Filson had put up a fence around her property,
and she was having some issues. And I think it cost her, like, $1,200
in inspections for a fence. Now, she didn't complain because of her
position, but she did show me the numbers. It was pretty impressive.
MR. FRENCH: I don't know who would have inspected it, sir.
It's a $25 permit over the counter; I lowered the fee, and you
approved it. So if she paid somebody $1,200, then it was not a
county staff member. Perhaps it's -- but we'd be happy to investigate
a contractors licensing case, if she'd like to turn in the contractor.
COMMISSIONER SAUNDERS: All right. We may do that.
December 12, 2023
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CHAIRMAN LoCASTRO: It was one of Commissioner
McDaniel's employees.
COMMISSIONER HALL: The biggest thing is we take a look
at it and get it back.
And with that, Merry Christmas.
CHAIRMAN LoCASTRO: Absolutely.
MR. FRENCH: Merry Christmas.
Commissioner Kowal, sir, your closing --
COMMISSIONER KOWAL: All right. Well, first I'd like to
say Merry Christmas, everyone. And I think today's the sixth day of
Hanukkah. Happy Hanukkah and Happy New Year, because we
won't be here.
And we've covered a lot of subjects today. We were all over
the place, I mean, and -- you know, and it was funny, like, listening
to the sports complex, and you're talking about -- right off the bat this
morning, he's talking about lodging, you know, the lack of affordable
lodging for a lot of these events and things like that, and now we're
talking -- they're saying 700-plus rooms for every game played. I
mean, these are things that, you know -- and we're talking about
moratoriums and, you know, stopping building in areas like that.
I mean, that's -- you know, these are things we really need to
look at. And, you know, I'm happy I ended up being part of that
vote to really take a deep dive into this and have the citizens involved
and take a look.
But I think at the same time, it might open some eyes to -- you
know, it sounds great because everybody thinks it's going to alleviate
their 35-minute trip or 40-minute trip during season. And typically
they find an accident when they get up to the intersection and,
typically, that's what's causing the extra traffic that they're
experiencing on that particular day.
I worked in Washington, D.C., for almost eight years. If you
December 12, 2023
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want to know traffic -- you know, I think Commissioner LoCastro
had an opportunity to work up there, too, so, you know, this is
nothing, a few -- 30, 20 minutes here or there. And half the time it's
usually human error by somebody having an accident. So that.
And, Commissioner McDaniel, I'll be more than -- I'm pointing
at you. I'd be more than happy to take that trip up to D.C. with you
to get that interchange, because I think that is so important. I mean,
for multiple reasons, just for safety reasons, because, you know -- or
Chief Choate knows, we've had wildfires back off of Frangipani that
blew east, and next thing you know, we've got thousands of residents
trapped on the south end of Everglades Boulevard. We can't even
evacuate at times.
And it's not getting any better, and especially when we're going
to have these two villages and possibly a township; 7,500 more
homes trapped on the other side of DeSoto. You know, these things
are important. And if we ever have to evacuate to the east, it makes
no sense. The people have to drive west to get to I-75 to go east,
you know. And these are the type of things that I think we really
need to stress, you know, that this is how important it is. And it will.
It will alleviate these east/west corridors that we have issues with
because people will learn how to use the interstate system. That's
what we did when you're around a major city; you learn how to use
the interstate system to circumvent some of these side roads, so...
Once again, Merry Christmas, everyone.
CHAIRMAN LoCASTRO: I just had a Commissioner Solis
flashback when he pointed his finger at you, right? Right?
COMMISSIONER McDANIEL: Need to point it --
CHAIRMAN LoCASTRO: I know. It's sort of an inside joke.
I mean, Commissioner Hall and Commissioner Kowal may not get it,
but Commissioner Solis did not like people to point fingers at him.
COMMISSIONER HALL: I was there; sitting right there.
December 12, 2023
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CHAIRMAN LoCASTRO: I just had a flashback.
Commissioner Saunders, sir.
COMMISSIONER SAUNDERS: Just a quick question.
Commissioner McDaniel and Commissioner Kowal are absolutely
correct in terms of this interchange, but wouldn't the right place to go
would be to the Florida Department of Transportation? I know we
have -- I know this project is probably in a 40-year plan and
unfunded, but it's really the state that's, I think, making those
decisions. I may be totally wrong.
MS. PATTERSON: This is Trinity's favorite topic.
COMMISSIONER HALL: The traffic doctor.
MS. SCOTT: Once again, Trinity Scott. Actually, in
interchanges and your cost feasible plan, your 2045 Long-Range
Transportation Plan Cost Feasible Plan --
COMMISSIONER SAUNDERS: I'm sorry. It's in the 2045
cost feasible plan.
MS. SCOTT: Yes.
COMMISSIONER SAUNDERS: So I'm looking around to see
if anybody here is young enough to use that interchange.
MS. SCOTT: Well, I didn't say -- well, it's in -- that's the
horizon year for the 2045. I think construction is actually in the last
10 years of the plan. It has a long road to go for a full interchange.
I think what Commissioner McDaniel is speaking about is perhaps
looking at a partial interchange at the existing Everglades interchange
with some safety improvements.
COMMISSIONER McDANIEL: Correct.
MS. SCOTT: Certainly FDOT is going to need to be on board
with that. There have been conversations throughout the -- actually,
it was part of the I-75 update. The MPO board asked FDOT to do
some studying of the interchange in that area. I know that they've
committed to that. So we also -- it's not only convincing FDOT, but
December 12, 2023
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we also need to convince Washington Federal Highway
Administration. They were the ones, along with FDOT last time,
who smacked us down, said, build out your existing roadway
network, and then maybe come talk to us, which is what we've been
doing. Vanderbilt Road extension, the Golden Gate Estates bridges,
those were all things that FDOT pointed out to the county that we
needed to look at prior to coming back and looking for that
interchange.
COMMISSIONER McDANIEL: You can't supplement lack of
a grid system by utilization of a federal highway system. That's part
of the criterium by the feds. And so we didn't have a grid system
before. We didn't even have a plan for a grid system before, let
alone accomplishments that have transpired in the recent past. And
so -- and I have been working with Secretary Nandam that we
did -- they did initiate a study in the latter part of last year just to
move it out of the IJR process.
But it's high time, with the additions to our grid system that we
have in place, that -- again, it's not an enormous amount of money
just to extend the ramps that are already there, allow for safe ingress
and egress both into the Picayune State Forest and into the southern
Estates, and not a full cloverleaf, not a full bidirectional access. Just
extend -- open up and extend the ramps that are there. So that's the
permission that we're hunting -- we'll be looking for.
COMMISSIONER SAUNDERS: Mr. Chairman, the only thing
I have to add is to wish everybody Happy Holidays. Hanukkah, as
you said, started six days ago. Christmas, obviously, is in about 13
days. Kwanza is -- I'm not sure when Kwanza is, but it's sometime
in December; and then Happy New Year to everybody. So see you
next year, folks.
CHAIRMAN LoCASTRO: All right. My closing comments
will be I hope WINK News was listening when we were talking
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about the surtax, because at our lunch break, they just grabbed me,
and they just wanted a quick comment, and I said, well, we haven't
even discussed it yet. We haven't voted on it.
But what I told them was basically separating rumor from fact
that we weren't voting on the surtax and explaining that it's citizens
that get a chance to do that, and if we agreed to put it on the ballot,
then citizens would decide yes or no; that the decision wasn't ours.
And, obviously, after we talked about it, I think, it was a great way
forward. Always continue to consider it and see if it's -- if we've
done the homework and it's not just throwing it on the ballot and
seeing what happens.
I'll just reiterate, I didn't vote for a moratorium today, but I did
vote for a hearing. So I liked the way that it was worded and, you
know, I think it will bring back a lot of different options to us. At
least that's why I supported it, because I did want to hear from the
citizens, and then we'll wait and see what winds up happening.
I wanted to thank my colleagues that went to Tallahassee, those
of us that went. It was another really great trip. So I don't see John
Mullins here, but he --
COMMISSIONER HALL: He's back there.
CHAIRMAN LoCASTRO: Oh, there he is. Everybody seems
to move further back as the meeting -- everyone's in the back by the
end, you know.
But, John, it was another very successful meeting. You know,
Lisa and the team that was up there, it's so obvious that we have great
presence up in Tallahassee. You know, when we walk into a room
with her and everybody not only knows her by a first-name basis, but
she's already sort of, you know, chummed the waters for us, if you
will, and then, you know, they're impressed that we have great
participation by our group to go up there.
So I think we made full use of the couple of days that we were
December 12, 2023
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up there, and I appreciate everything that you did to set it up.
And it's always great going with Senator Saunders because when
we walk in there, we're -- we sort of already have a great reputation
because they know him. But one of the things that I think was a
great compliment to all of us is they could really see the camaraderie
and the teamwork by us. And we had several people comment that
the commissioners of their counties, right? They have a lot -- we
heard some little horror stories.
And we said, hey, we don't agree on everything, and we point
fingers, and we do this and that. But they could already tell. And it
was several elected officials that gave us some really nice
compliments, so I think that's a testament to -- you know, that we
must be doing something right, because some of them were, like, uh,
let me tell you about our County Commission or City Council and,
you know, we don't have those horror stories. So, you know, that
was a great thing.
This is obviously my last meeting as chairman. We all get a
chance to be chairman. It's not something that's voted on or
something special, but it is more than just hitting the gavel. And I
want to just thank the staff.
You know, as Chairman, Commissioner Hall will take over the
duties in January. You get to do a little bit more. You get to meet
with the staff and do a little deeper dive on certain things and then, of
course, you get to, you know, control or not control the meeting,
depending on how it goes.
But I wanted to just thank everybody that, you know, supported
me. We made some small, medium, and large changes to how we do
things, and I think our attitude is always look at how we can do
things better in here. And so you brought up something great by a
citizen who brought something to our attention that was 20 years old,
but we're finally going to fix it.
December 12, 2023
Page 265
And I look forward to Commissioner Hall's leadership and all of
us supporting him and all of us working together for the new year.
So thank you for all the hard work, and Merry Christmas, Happy
Hanukkah.
I appreciate everybody's kind words about -- my mom's not
doing so great right now, and so I've gotten a lot of really nice notes
from the staff, and I appreciate the notes and the prayers and then
also from my fellow commissioners.
And I guess that will be it, so -- and I am -- you know what I'm
going to do? You know what I'm going to do? Dismissed.
Adjourned.
*******
****Commissioner McDaniel moved, seconded by Commissioner
Kowal, and carried that the following items under the consent and
summary agendas be approved and/or adopted****
Item #16A1
RESOLUTION 2023-211A: A RESOLUTION OF THE BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AMENDING THE ADMINISTRATIVE CODE FOR
LAND DEVELOPMENT, WHICH WAS CREATED BY
ORDINANCE NO. 2013-57, PROVIDING AN EFFECTIVE DATE
(ALL DISTRICTS)
Item #16A2
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
December 12, 2023
Page 266
BOND IN THE AMOUNT OF $64,200 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20210002845 FOR WORK ASSOCIATED WITH JUNIPER
POINTE. (DISTRICT 1)
Item #16A3
RECORDING THE FINAL PLAT OF ANTHEM PARKWAY -
PHASE 5A (APPLICATION NUMBER PL20220004186),
APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT, AND APPROVAL OF
THE PERFORMANCE SECURITY IN THE AMOUNT OF
$4,078,639.40. (DISTRICT 5) - LOCATED IN SECTIONS 32 AND
33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTION
33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA
Item #16A4
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $1,000,000 WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20220006147 FOR WORK ASSOCIATED WITH ESPLANADE
BY THE ISLANDS – PHASE 2. (DISTRICT 1)
Item #16A5
FINAL ACCEPTANCE OF THE POTABLE WATER, IRRIGATION
QUALITY WATER, AND SEWER FACILITIES AND ACCEPT
THE CONVEYANCE OF THE POTABLE WATER, IRRIGATION
QUALITY WATER, AND SEWER FACILITIES FOR SKYSAIL –
December 12, 2023
Page 267
PHASE 4 OF PHASE 1B, PL20230007835. (DISTRICT 5) - A
FINAL INSPECTION TO DISCOVER DEFECTS IN MATERIALS
AND WORKMANSHIP WAS CONDUCTED BY STAFF ON
AUGUST 10, 2023, IN COORDINATION WITH PUBLIC
UTILITIES, AND THESE FACILITIES ARE SATISFACTORY
AND ACCEPTABLE
Item #16A6
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
PL20230000175 FOR WORK ASSOCIATED WITH COUNTRY
CLUB OF NAPLES GOLF COURSE IMPROVEMENTS
(DISTRICT 4)
Item #16A7
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $68,780, WHICH WAS POSTED AS
A GUARANTEE FOR EXCAVATION PERMIT NUMBER
PL20220003792 FOR WORK ASSOCIATED WITH FPL PUMA
TRANSMISSION SUBSTATION. (DISTRICT 5)
Item #16A8
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $85,960, WHICH WAS POSTED AS
A GUARANTEE FOR EXCAVATION PERMIT NUMBER
PL20210001856 FOR WORK ASSOCIATED WITH MAPLE
RIDGE AT AVE MARIA PHASE 7B. (DISTRICT 5)
December 12, 2023
Page 268
Item #16A9
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES FOR VALVOLINE GREEN TREE
CENTER, PL20230015012. (DISTRICT 2) - A FINAL
INSPECTION TO DISCOVER DEFECTS IN MATERIALS AND
WORKMANSHIP WAS CONDUCTED BY STAFF ON OCTOBER
25, 2023, IN COORDINATION WITH PUBLIC UTILITIES, AND
THESE FACILITIES ARE SATISFACTORY AND ACCEPTABLE
Item #16A10
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES FOR GRAND LIVING,
PL20230014121. (DISTRICT 2) - THE SUBJECT POTABLE
WATER AND SEWER FACILITIES ARE OWNED AND
MAINTAINED BY THE DEVELOPER
Item #16A11
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
FACILITIES AND ACCEPT THE CONVEYANCE OF THE
POTABLE WATER AND SEWER FACILITIES FOR ISLES OF
COLLIER PRESERVE PHASE 17, PL20230012820. (DISTRICT 4)
– BOOK 6294, PAGE 2157, OF THE COLLIER COUNTY PUBLIC
RECORDS
Item #16A12
RECORDING THE AMENDED FINAL PLAT OF WINCHESTER
PHASE 2 (APPLICATION NUMBER PL20230009406)
December 12, 2023
Page 269
APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE
PERFORMANCE SECURITY IN THE AMOUNT OF $182,292.55.
(DISTRICT 5)
Item #16A13
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES FOR 2545 NORTHBROOKE PLAZA
DRIVE – BRIGHTSTAR CARE OFFICE, PL20230016008.
(DISTRICT 2) - A FINAL INSPECTION TO DISCOVER DEFECTS
IN MATERIALS AND WORKMANSHIP WAS CONDUCTED BY
STAFF ON OCTOBER 24, 2023, IN COORDINATION WITH
PUBLIC UTILITIES, AND THESE FACILITIES ARE
SATISFACTORY AND ACCEPTABLE
Item #16A14
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $214,916, WHICH WAS POSTED
AS A GUARANTEE FOR EXCAVATION PERMIT NUMBER
PL20190002607 AND PL20190002338 FOR WORK ASSOCIATED
WITH MANATEE COVE (DISTRICT 1)
Item #16A15
FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER
UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A
PORTION OF THE POTABLE WATER FACILITIES FOR
LINTREE MEDICAL CENTER, PL20220008573 (DISTRICT 3)
December 12, 2023
Page 270
Item #16A16
RESOLUTION 2023-212: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE
IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT
DEDICATIONS FOR THE FINAL PLAT OF ROYAL PALM GOLF
ESTATES REPLAT #3, APPLICATION NUMBER AR-6774
(PL20110001921), AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY IN THE AMOUNT OF $374,130.95
(DISTRICT 1)
Item #16A17
RECORDING THE FINAL PLAT OF SKYSAIL - PHASE TWO
(APPLICATION NUMBER PL20220002180), APPROVAL OF
THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT, AND APPROVAL OF THE
PERFORMANCE SECURITY IN THE AMOUNT OF
$4,616,344.48 (DISTRICT 5)
Item #16A18
RECORDING THE MINOR FINAL PLAT ESPLANADE BY THE
ISLANDS - PHASE 3 REPLAT, APPLICATION NUMBER
PL20230013673. (DISTRICT 1) - PHASE 3 REPLAT, A
SUBDIVISION OF LANDS LOCATED IN SECTIONS 18 AND 19,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA
Item #16A19
December 12, 2023
Page 271
TO HEAR A LAND DEVELOPMENT CODE AMENDMENT AT
TWO REGULARLY SCHEDULED DAYTIME HEARINGS AND
WAIVE THE NIGHTTIME HEARING REQUIREMENT. (ALL
DISTRICTS) – (LDCA-PL20230013966)
Item #16A20
APPROVE THE CONSERVATION COLLIER DR. ROBERT H.
GORE III PRESERVE 10-YEAR FINAL MANAGEMENT PLAN
UNDER THE CONSERVATION COLLIER PROGRAM (ALL
DISTRICTS)
Item #16A21
STAFF TO APPLY TO THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION’S (FWC) INVASIVE PLANT
MANAGEMENT SECTION (IPMS) TO BE ELIGIBLE TO
RECEIVE FUNDING ASSISTANCE SERVICES, WORTH UP TO
$150,000 IN FY 2024 OR FY 2025, FOR THE REMOVAL OF
INVASIVE EXOTIC MELALEUCA QUINQUENERVIA WITHIN
CONSERVATION COLLIER’S NORTH BELLE MEADE
PRESERVE, AND TO AUTHORIZE STAFF TO ACCEPT SUCH
FUNDING ASSISTANCE SERVICES, IF AWARDED (ALL
DISTRICTS)
Item #16A22
AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOTS
3, 4, & 5, BLOCK C, GOODLAND ISLES FIRST ADDITION,
ACCORDING TO THE PLAT THEREOF AS RECORDED AT
PLAT BOOK 8, PAGE 1 OF THE PUBLIC RECORDS OF
December 12, 2023
Page 272
COLLIER COUNTY (EUA- PL20220005415) (DISTRICT 1)
Item #16A23
THE CHAIRMAN TO SIGN A MEMORANDUM OF
AGREEMENT WITH THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION TO ALLOW YOUTH HUNTS
AT PEPPER RANCH PRESERVE IN JANUARY 2024 AND
FEBRUARY 2024 (ALL DISTRICTS)
Item #16A24
THE OFFICE OF THE COUNTY ATTORNEY TO INITIATE
FORECLOSURE PROCEEDINGS PURSUANT TO SECTION
162.09, FLORIDA STATUTES, IN RELATION TO $26,159.15 IN
ACCRUING CODE ENFORCEMENT LIENS, ARISING FROM
THE OFFICE OF THE SPECIAL MAGISTRATE CASE NOS.
CENA20120012930, CENA20130002952, CENA20130008799,
CENA20130012608, CENA20210003518, CENA20220004824,
AND CENA20230000528, TITLED BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS.
CARLOS ERIK ESTRADA (DISTRICT 5)
Item #16A25
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $22,800 FOR A REDUCED PAYMENT OF
$3,000 IN THE CODE ENFORCEMENT ACTION TITLED
BOARD OF COUNTY COMMISSIONERS V. ESTEBAN VARGAS
AYALA AND ESPERANZA RAMIREZ REYES, IN CODE
ENFORCEMENT BOARD CASE NO. CESD20210007329
December 12, 2023
Page 273
RELATING TO PROPERTY LOCATED AT 17037 BLUE HERON
DR., COLLIER COUNTY, FLORIDA (DISTRICT 1)
Item #16A26
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $23,679.37 FOR PAYMENT OF $1,681 IN
THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS V. PHYLISS WESTMORELAND,
IN SPECIAL MAGISTRATE CASE NO. CEPM20200010446
RELATING TO PROPERTY LOCATED AT 2997 WILKINSON
LN., COLLIER COUNTY, FLORIDA (DISTRICT 5)
Item #16B1
PURCHASE OF A JOHN DEERE 6135E CAB TRACTOR
AND TWO ASSOCIATED ATTACHMENTS FROM DEERE &
COMPANY UTILIZING COOPERATIVE PROCUREMENT
PIGGYBACK 222 “110719 - JDC AGRICULTURAL TRACTORS
& EQUIPMENT”, USING TOURIST DEVELOPMENT TAX
FUND 1105 IN THE AMOUNT OF $120,865.39, AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM
(ALL DISTRICTS)
Item #16B2
PURCHASE OF A BARBER SURF RAKE FROM H. BARBER &
SONS, INC., UTILIZING COOPERATIVE PROCUREMENT
PIGGYBACK 341 “REFUSE HANDLING EQUIPMENT – RH08-
20”, USING TOURIST DEVELOPMENT TAX FUND 1105 IN THE
AMOUNT OF $70,914.00, AND MAKE A FINDING THAT THIS
December 12, 2023
Page 274
EXPENDITURE PROMOTES TOURISM (ALL DISTRICTS)
Item #16B3
THE CHAIRMAN TO EXECUTE AMENDMENT NO. 1 TO
AGREEMENT 21CO1 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 $173,758
FOR A TOTAL OF $6,061,823 FOR COLLIER COUNTY BEACH
RENOURISHMENT AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (ALL DISTRICTS)
Item #16B4
AWARD A WORK/PURCHASE ORDER FOR A REQUEST FOR
QUOTATION ("RFQ") FOR THE CHATEAU AT VANDERBILT
BOX CULVERT AND SEAWALL REPAIR PROJECT UNDER
AGREEMENT NO. 20-7800, “UNDERGROUND CONTRACTOR
SERVICES,” TO QUALITY ENTERPRISES USA, INC., IN THE
AMOUNT OF $985,627, AND TO AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED WORK/PURCHASE ORDER
(PROJECT NO. 50240) (DISTRICT 2)
Item #16B5
THE CHAIRMAN TO EXECUTE A WORK ORDER WITH
HUMISTON & MOORE ENGINEERS TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR STATE
REQUIRED ANNUAL MONITORING OF COLLIER COUNTY
December 12, 2023
Page 275
BEACHES AND INLETS FOR 2024 UNDER CONTRACT NO. 18-
7432-CZ FOR TIME AND MATERIAL NOT TO EXCEED
$157,840 AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (FUND 1105, PROJECT NO. 90536) (ALL
DISTRICTS)
Item #16B6
THE CHAIRMAN TO EXECUTE CHANGE ORDER NO. 1 TO
CONTRACT NO. 18-7432-CZ WITH TAYLOR ENGINEERING,
INC. TO ALLOW FOR ADDITIONAL FUNDING IN THE
AMOUNT OF $32,780 FOR THE CONSTRUCTION-PHASE AND
FINAL CERTIFICATION FOR THE “COLLIER COUNTY DUNE
RESTORATION PLANTING PROJECT” AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM. (ALL
DISTRICTS)
Item #16B7
AWARD A WORK/PURCHASE ORDER FOR A REQUEST FOR
QUOTATION ("RFQ") FOR THE GOLDEN GATE CITY
ALIGNMENT L SOUTH PROJECT UNDER AGREEMENT NO.
20-7800, “UNDERGROUND CONTRACTOR SERVICES” TO
DOUGLAS N. HIGGINS, INC., IN THE TOTAL AMOUNT OF
$886,786, AND TO AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED WORK/PURCHASE ORDER. (PROJECT NO.
51029) (DISTRICT 3)
Item #16B8
APPROVE THE SELECTION COMMITTEE’S RANKING AND
December 12, 2023
Page 276
AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS
WITH STANTEC CONSULTING SERVICES, INC., RELATED TO
REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 23-
8159, “POST DESIGN SERVICES FOR STAN GOBER
MEMORIAL BRIDGE REHABILITATION,” AND DIRECT STAFF
TO BRING A PROPOSED AGREEMENT BACK FOR THE
BOARD’S CONSIDERATION AT A FUTURE MEETING.
(PROJECT NO. 66066) (DISTRICT 5)
Item #16B9
A FIRST AMENDMENT TO AGREEMENT NO. 20-7740,
“STORM DEBRIS COLLECTOR CLEANING SERVICES,” WITH
SHENANDOAH GENERAL CONSTRUCTION, LLC., TO
RENEW THE AGREEMENT FOR ONE ADDITIONAL YEAR
AND PROVIDE FOR A PRICE INCREASE. (ALL DISTRICTS)
Item #16B10
CHANGE ORDER NO. 1 UNDER AGREEMENT NO. 20-7713R,
“ENGINEERING DESIGN SERVICES FOR LAKE TRAFFORD
STORMWATER IMPROVEMENTS AND WATER TREATMENT
FACILITY,” WITH GHD SERVICES, INC., AND AUTHORIZE
THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER
TO EXTEND THE LENGTH OF THE CONTRACT BY 970 DAYS.
(PROJECT NUMBER 60143) (DISTRICT 5)
Item #16B11
THE CHAIRMAN TO EXECUTE AMENDMENT NO. 1 TO
AGREEMENT NO. 23CO3 WITH THE FLORIDA DEPARTMENT
December 12, 2023
Page 277
OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES
AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING
ASSISTANCE PROGRAM TO ACCEPT ADDITIONAL GRANT
FUNDING FOR DAMAGE CAUSED BY HURRICANES IAN
AND NICOLE AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (ALL DISTRICTS)
Item #16B12
TO TERMINATE FOR CONVENIENCE CONSTRUCTION
AGREEMENT 23-8111 WITH PHILLIPS AND JORDAN, INC., AS
THE CONTRACTOR OF THE REACH A 2023 “COLLIER 2023
EMERGENCY TRUCK HAUL AND CONSTRUCTION”
PROJECT, AND AUTHORIZE THE CHAIRMAN TO SIGN
CHANGE ORDER NO. 1 TO AGREEMENT NO. 18-7432-CZ
WITH APTIM ENVIRONMENTAL AND INFRASTRUCTURE,
LLC, FOR THE PROFESSIONAL ENGINEERING SERVICES
PROVIDING RE-SURVEY, RE-DESIGN, BIDDING
ASSISTANCE, AND POST-DESIGN SERVICES FOR THE
REMAINING SOUTH NAPLES EMERGENCY BERM AND
MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM.
(PROJECT NO. 50280) (ALL DISTRICTS)
Item #16B13
A BUDGET AMENDMENT TO RECOGNIZE CARRY FORWARD
FOR PROJECTS WITHIN THE TRANSPORTATION SUPPORTED
GAS TAX FUND (3083) AND TRANSPORTATION & CDES
CAPITAL FUND (3081) IN THE AMOUNT OF $44,152.64
(PROJECTS NOS. 60085, 69331 AND 69333) (ALL DISTRICTS)
December 12, 2023
Page 278
Item #16B14
AWARD INVITATION TO BID (“ITB”) NO. 23-8136, “LELY
GOLF ESTATES MUNICIPAL SERVICE TAXING UNIT (MSTU) -
GROUNDS MAINTENANCE,” TO A&M PROPERTY
MAINTENANCE LLC, AS THE PRIMARY VENDOR, AND
SUPERIOR LANDSCAPING & LAWN SERVICE INC., AS THE
SECONDARY VENDOR, AND AUTHORIZE THE CHAIRMAN
TO SIGN THE ATTACHED AGREEMENTS. (DISTRICT 1)
Item #16B15
RESOLUTION 2023-213: RESOLUTION 2023-214:
RESOLUTION 2023-215: RESOLUTIONS APPROVING AND
AUTHORIZING THE SUBMITTAL OF FEDERAL TRANSIT
ADMINISTRATION (FTA) SECTION 5310, RURAL 5311, AND
RURAL 5339 FY2024/2025 GRANT APPLICATIONS AND
APPLICABLE DOCUMENTS TO THE FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT) THROUGH FDOT TRANSCIP
TO SUPPORT TRANSIT OPERATIONS AND SYSTEM CAPITAL
IMPROVEMENTS; WITH A TOTAL ANTICIPATED FISCAL
IMPACT OF $2,884,996 WITH A FEDERAL SHARE OF
$1,837,440, STATE SHARE OF $199,261 AND LOCAL MATCH
OF $848,295 SUPPORTED BY GENERAL FUND (0001) ANNUAL
TRANSFER. (ALL DISTRICTS)
Item #16B16
THE CHAIRMAN TO EXECUTE GRANT AGREEMENT NO.
LPA0524 BETWEEN THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) AND THE COUNTY
December 12, 2023
Page 279
FOR AQUATIC PLANT MECHANICAL HARVESTING
EQUIPMENT IN THE AMOUNT OF $110,000, EXECUTE ALL
NECESSARY FORMS, AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENTS (FUND 1841). (ALL DISTRICTS)
Item #16B17
TO RECOGNIZE FY 2023/24 SAFE STREETS AND ROADS FOR
ALL (SS4A) SAFETY ACTION PLAN GRANT FUNDING IN THE
AMOUNT OF $200,000 TO THE COLLIER METROPOLITAN
PLANNING ORGANIZATION (MPO) FROM THE FEDERAL
HIGHWAY ADMINISTRATION (FHWA), PLUS $50,000 IN
LOCAL MATCHING FUNDS, AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENT. (PROJECT NO. 33874,
FUNDS 1841 AND 1842) (ALL DISTRICTS)
Item #16B18
ACCEPT THE DECEMBER 2023 PROJECT UPDATE FOR POST
IAN INLAND WATERWAY DEBRIS REMOVAL. (PROJECT NO.
33852) (DANIEL ROMAN, SUPERVISOR PROJECT
MANAGEMENT) (ALL DISTRICTS)
Item #16B19
ACCEPT THE DECEMBER 2023 PROJECT UPDATE FOR
CARSON ROAD STORMWATER TREATMENT AREA.
(PROJECT NO. 60143) (DANIEL ROMAN, SUPERVISOR
PROJECT MANAGEMENT) (DISTRICT 4)
Item #16B20
December 12, 2023
Page 280
RESOLUTION 2023-216: A REQUEST TO ADVERTISE NOTICE
OF THE TERMS AND CONDITIONS OF A PROPOSED
EXCHANGE OF 1.51 ACRES OF LAND ON THE SOUTH SIDE
OF PAINTED LEAF LANE, NO LONGER NEEDED FOR
COUNTY PURPOSES, FOR 1.69 ACRES OF ADJOINING LAND
TO BE ASSEMBLED WITH ABUTTING COUNTY-OWNED
LAND, FOR FUTURE RIGHT OF WAY, DRAINAGE, UTILITY
AND/OR OTHER PUBLIC USES, AND SET A HEARING DATE
FOR THE PROPOSED RESOLUTION AUTHORIZING THE
EXCHANGE. ESTIMATED FISCAL IMPACT: $28,000
REVENUE (DISTRICT 3)
Item #16B21
CHANGE ORDER NO. 2, UNDER AGREEMENT NO. 21-7850
WITH ZEP CONSTRUCTION, INC., FOR THE “11 BRIDGE
REPLACEMENT, PACKAGE B” PROJECT, FOR ADDITIONAL
ITEMS COVERED BY THE OWNER’S ALLOWANCE, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
CHANGE ORDER (PROJECT NO. 66066) (DISTRICT 5)
Item #16C1
AWARD INVITATION TO BID (“ITB”) NO. 23-8145,
“GENERATOR RENTAL SERVICES” TO 360 ENERGY
SOLUTIONS, LLC, AS PRIMARY VENDOR, UNITED RENTALS
(NORTH AMERICA), INC., AS SECONDARY VENDOR, AND
HERC RENTALS INC., AS TERTIARY VENDOR, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENTS (ALL DISTRICTS)
December 12, 2023
Page 281
Item #16C2
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 23-8091R,
“GENERATOR MAINTENANCE AND REPAIRS,” TO
GENSERVE LLC. AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT (ALL DISTRICTS)
Item #16C3
AN AFTER-THE-FACT PAYMENT IN THE AMOUNT OF UP TO
$21,727.57 TO R2T, INC., FOR ADDITIONAL WORK
ASSOCIATED WITH CONTRACT NO. 21-7825, “NCWRF EQ #3
ODOR CONTROL IMPROVEMENTS – PHASE 1
CONSTRUCTION,” WHICH WAS NOT PROPERLY
AUTHORIZED AS REQUIRED BY THE CONTRACT AND
RETROACTIVELY APPROVE ADMINISTRATIVELY
APPROVED CHANGE ORDER #1 FOR DRAW ON THE
OWNER’S ALLOWANCE IN THE TOTAL AMOUNT OF
$22,812.41 AND AUTHORIZE THE CHAIRMAN TO SIGN THE
CHANGE ORDER (PROJECT NO. 70148) (DISTRICT 2)
Item #16C4
CHANGE ORDER NO. 1, UNDER PURCHASE ORDER NO.
4500215169 WITH U.S. WATER SERVICES CORPORATION FOR
THE PUMP STATION 121.02 REPAIR AND RENOVATIONS
PROJECT, TO ADD STORMWATER IMPROVEMENTS TO THE
SCOPE OF WORK INCLUDED IN WORK DIRECTIVE NO. 1 IN
THE AMOUNT OF $115,336.42, TO EXTEND THE TIME OF THE
PROJECT FOR AN ADDITIONAL 120 DAYS AND AUTHORIZE
THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER
December 12, 2023
Page 282
(PUD PROJECT NO. 70240) (DISTRICT 2)
Item #16C5
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 22-8011, “DESIGN SERVICES FOR WILSON BLVD
WELLHOUSE & INFRASTRUCTURE IMPROVEMENTS,” TO
JACOBS ENGINEERING GROUP INC., IN THE AMOUNT OF
$1,140,019, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT. (PROJECT NO. 70085) (DISTRICT
3, DISTRICT 5)
Item #16C6
CHANGE ORDER NO. 9 TO USE THE REMAINING
ALLOWANCE FUNDS IN THE AMOUNT OF $43,584.67, TO
INCREASE THE TOTAL CONTRACT PRICE, IN THE AMOUNT
OF $239,013.17 TO $4,082,013.17, ADD 14 DAYS TO THE
CONTRACT, WAIVE LIQUIDATED DAMAGES IN THE
AMOUNT OF $1,622,191.00, AND AUTHORIZE PAYMENT OF
PAY APPLICATION NO. 8 PERTAINING TO AGREEMENT NO.
20-7769 FOR THE “SOUTH COUNTY REGIONAL WATER
TREATMENT PLANT REACTOR TANK 4” PROJECT WITH
MITCHELL & STARK CONSTRUCTION COMPANY, INC.
(PROJECT NO. 70135) (ALL DISTRICTS)
Item #16C7
AN AFTER-THE-FACT PAYMENT IN THE TOTAL AMOUNT OF
$10,901.37 TO ALLIED UNIVERSAL CORPORATION FOR THE
PURCHASE OF A CHEMICAL NECESSARY FOR THE SOUTH
December 12, 2023
Page 283
WATER PLANT, WHICH WAS ERRONEOUSLY ACQUIRED
FROM THE SECONDARY VENDOR UNDER AGREEMENT NO.
21-7921, THE COUNTYWIDE CHEMICALS CONTRACT,
INSTEAD OF THE LOW BID PRIMARY VENDOR (ALL
DISTRICTS)
Item #16C8
(1) APPROVE AN AFTER-THE-FACT PAYMENT OF TWO
INVOICES FOR MATERIALS TOTALING $1,715.09, WHICH
MATERIALS WERE OBTAINED PRIOR TO THE WORK
DIRECTIVE BEING ISSUED, TO PWC JOINT VENTURE, LLC
UNDER CONSTRUCTION AGREEMENT 19-7671 “SOUTH
COUNTY WATER RECLAMATION FACILITY RECLAIMED
WATER STORAGE TANK IMPROVEMENTS; (2) PAYMENT
FOR MATERIALS IN THE AMOUNT OF $48,790.40
PURCHASED FOR THE PROJECT, BUT INSTALLED ON A
DIFFERENT PROJECT AS PART OF AN UNRELATED PROJECT
FOR EMERGENCY REPAIRS AT THE SAME FACILITY; AND (3)
A 10% MATERIAL MARK UP IN THE AMOUNT OF $4,602.87
FOR THE SAME MATERIALS PURCHASED, BUT INSTALLED
AS PART OF AN UNRELATED PROJECT FOR EMERGENCY
REPAIR AT THE SAME FACILITY FOR THE GRAND TOTAL
AMOUNT OF $55,108.36 THAT ARE DUE TO THE
CONTRACTOR BASED ON THE MATERIALS RECEIVED AND
USED BY THE COUNTY (PROJECT NO. 70204) (ALL
DISTRICTS)
Item #16C9
CHANGE ORDER NO. 2 TO CONSTRUCTION AGREEMENT
December 12, 2023
Page 284
NO. 21-7825, “NCWRF EQ#3 ODOR CONTROL
IMPROVEMENTS - PHASE 1”, WITH R2T, INC. FOR DRAW
FROM THE OWNER’S ALLOWANCE IN THE AMOUNT OF
$12,238.43 (PROJECT NO. 70148) (ALL DISTRICTS)
Item #16D1
A BUDGET AMENDMENT IN THE AMOUNT OF $245,769.64
TO FULLY FUND NEEDED REPAIRS TO FIVE (5) HISTORIC
STRUCTURES AT COLLIER MUSEUM AT GOVERNMENT
CENTER (DISTRICT 4)
Item #16D2
RESOLUTION 2023-217: THE REMOVAL OF
UNCOLLECTIBLE ACCOUNTS RECEIVABLES IN THE
AMOUNT OF $178,644.13 FROM THE FINANCIAL RECORDS
OF THE LIBRARY DIVISION IN ACCORDANCE WITH
RESOLUTION NO. 2006-252, DETERMINE THAT
ADJUSTMENT IS IN THE BEST INTEREST OF THE COUNTY,
AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
ATTACHED RESOLUTION (ALL DISTRICTS)
Item #16D3
A MEMORANDUM OF UNDERSTANDING WITH THE LOCAL
UTILITY COMPANIES FLORIDA POWER & LIGHT AND LEE
COUNTY ELECTRIC COOPERATIVE "AFTER-THE-FACT" FOR
THE EMERGENCY HOME ENERGY ASSISTANCE PROGRAM,
WHICH ASSISTS WITH DELINQUENT ELECTRIC BILLS TO
INCOME-ELIGIBLE COLLIER COUNTY ELDERLY RESIDENTS
December 12, 2023
Page 285
(HUMAN SERVICES GRANT FUND 1837) (ALL DISTRICTS)
Item #16D4
AN “AFTER-THE-FACT” AMENDMENT BETWEEN THE AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.,
AMERICAN RESCUE PLAN ACT FUNDING UNDER THE
HOME-BASED COMMUNITY SERVICES-ENHANCED HOME
CARE FOR THE ELDERLY GRANT PROGRAM FOR THE
COLLIER COUNTY SERVICES FOR SENIORS PROGRAM
WITH REVISION TO AMEND THE TERM OF THE CONTRACT,
UPDATE TABLE 1 DELIVERABLE REQUIREMENTS, TABLE 2
DELIVERY SCHEDULE, TABLE 3 PAYMENT SCHEDULE,
AND EXHIBIT II FUNDING SUMMARY TO DECREASE BY
$304,665.56 (HUMAN SERVICE GRANT FUND 1837) (ALL
DISTRICTS)
Item #16D5
AN “AFTER-THE-FACT” FIRST AMENDMENT AND
ATTESTATION STATEMENT WITH THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC. FOR ALZHEIMER’S
DISEASE INITIATIVE AND HOME CARE FOR THE ELDERLY
GRANT PROGRAMS TO INCREASE THE RESPECTIVE
CONTRACTS BY $40,000 AND $18,000, REVISION TO THE
FUNDING SUMMARY (ATTACHMENT II) AND THE ANNUAL
BUDGET SUMMARY (ATTACHMENT X & IX) AND
AUTHORIZE THE SUPPORTING BUDGET AMENDMENTS
(HUMAN SERVICES GRANT FUND 1837) (ALL DISTRICTS)
Item #16D6
December 12, 2023
Page 286
BUDGET AMENDMENT TO RECOGNIZE CARRY FORWARD
INTEREST EARNED, IN THE AMOUNT OF $4,493.13, FOR THE
PERIOD OF JANUARY 2023 THROUGH SEPTEMBER 2023 ON
ADVANCED LIBRARY FUNDING RECEIVED FROM THE
FLORIDA DEPARTMENT OF STATE TO SUPPORT LIBRARY
SERVICES FOR THE USE OF COLLIER COUNTY RESIDENTS
(PUBLIC SERVICE MATCH FUND 1840) (ALL DISTRICTS)
Item #16D7
THE CHAIRMAN TO SIGN THE FIRST AMENDMENT
BETWEEN COLLIER COUNTY AND LEGAL AID SERVICE OF
BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF
COLLIER COUNTY FOR THE ADMINISTRATION OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT - CV
PROGRAM TO EXTEND THE PERIOD OF PERFORMANCE,
MODIFY LANGUAGE WITHIN PROJECT COMPONENTS,
REDISTRIBUTE FUNDS BETWEEN PROJECT COMPONENTS,
AND CHANGE THE NATIONAL OBJECTIVE, WITH A NET $0
IMPACT (GRANT FUND 1835) (ALL DISTRICTS)
Item #16D8
THE BUREAU OF JUSTICE ASSISTANCE EXPENDITURE
EXTENSION FOR AWARD #2020-DC-BX-0138 - COLLIER
COUNTY ADULT DRUG COURT ENHANCEMENT PROGRAM
FROM SEPTEMBER 30, 2023, TO MARCH 31, 2024 (HUMAN
SERVICES GRANT FUND 1837 AND HUMAN SERVICES
MATCH FUND 1838) (ALL DISTRICTS)
Item #16D9
December 12, 2023
Page 287
THE CHAIRMAN TO SIGN A LANDLORD PAYMENT
AGREEMENT BETWEEN COLLIER COUNTY AND ANCHOR
CONSTRUCTION GROUP OF SWFL, LLC., ALLOWING THE
COMMUNITY AND HUMAN SERVICES (CHS) DIVISION TO
ADMINISTER THE RAPID RE-HOUSING AND
HOMELESSNESS PREVENTION PROGRAM THROUGH THE
EMERGENCY SOLUTIONS AND RAPID UNSHELTERED
SURVIVOR HOUSING GRANTS PROGRAM. (HOUSING
GRANT FUND 1835 AND HOUSING MATCH FUND 1836) (ALL
DISTRICTS)
Item #16D10
RESOLUTION 2023-218: THE SUBMISSION OF THE COLLIER
COUNTY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT, HOME INVESTMENT
PARTNERSHIP, AND EMERGENCY SOLUTIONS GRANT
PROGRAMS FOR FISCAL YEAR 2022-2023 AS REQUIRED;
APPROVE THE CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT RESOLUTION; AND AUTHORIZE
THE CHAIRMAN TO CERTIFY THE CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (ALL
DISTRICTS)
Item #16D11
WAIVE LIQUIDATED DAMAGES IN THE AMOUNT OF
$295,750 FOR PROJECT 80405.3 UNDER AGREEMENT NO. 21-
7833 FOR “GOLDEN GATE COMMUNITY PARK ACTIVITY
December 12, 2023
Page 288
POOL RECONSTRUCTION AND RESTROOM ALTERATION”
WITH COMPASS CONSTRUCTION, INC. (DISTRICT 3)
Item #16D12
SECOND AMENDMENT TO THE LEASE AGREEMENT WITH
THE OWNER OF NAPLES GRANDE BEACH RESORT, HP-SSP
NAPLES HOTEL LLC, TO EXTEND THE LEASE TERM FOR AN
ADDITIONAL TWENTY (20) YEARS PLUS TWO (2) 10-YEAR
RENEWALS AND AMEND CERTAIN OTHER PROVISIONS TO
ENHANCE CLAM PASS BEACH PARK OPERATIONS AND ITS
FACILITIES. (DISTRICT 2) – RENEWAL TERM WILL EXPIRE
ON OCTOBER 23, 2027
Item #16E1
THE PURCHASE OF GROUP HEALTH REINSURANCE
THROUGH SUNLIFE IN THE ESTIMATED AMOUNT OF
$853,320 EFFECTIVE JANUARY 1, 2024. (ALL DISTRICTS) - TO
PROTECT THE GROUP HEALTH INSURANCE FUND AGAINST
CATASTROPHIC LOSSES THROUGH THE PURCHASE OF
GROUP HEALTH REINSURANCE COVERAGE
Item #16E2
AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS,
DUTIES AND BENEFITS, AND OBLIGATIONS FROM
SHREDQUICK, INC. (“SHREDQUICK”) TO VRC COMPANIES,
LLC. D/B/A VITAL RECORDS CONTROL (“VRC”) UNDER
AGREEMENT NO. 19-7670, “MOBILE ON-SITE AND ON-CALL
SHREDDING SERVICES.” (ALL DISTRICTS)
December 12, 2023
Page 289
Item #16F1
CHAIRPERSON TO EXECUTE TWENTY (20) DEED
CERTIFICATES FOR PURCHASED BURIAL RIGHTS AT LAKE
TRAFFORD MEMORIAL GARDENS CEMETERY AND
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO
TAKE ALL ACTIONS NECESSARY TO RECORD THE DEED
CERTIFICATES WITH THE CLERK OF THE COURT’S
RECORDING DEPARTMENT (DISTRICT 5)
Item #16F2
RESOLUTION 2023-219: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2023-24 ADOPTED BUDGET. (THE BUDGET
AMENDMENTS IN THE ATTACHED RESOLUTION HAVE
BEEN REVIEWED AND APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE
SUMMARIES ) (ALL DISTRICTS)
Item #16F3 – Continued to the January 9, 2024, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO ESTABLISH A POLICY FOR
LEASING A COUNTY-OWNED MOBILE HOME AT THE
PARADISE COAST SPORTS COMPLEX TO LAW
ENFORCEMENT OFFICERS FOR GREATER ONSITE LAW
ENFORCEMENT PRESENCE, ADOPT A STANDARD LEASE
TEMPLATE, AND AUTHORIZE THE COUNTY MANAGER OR
THEIR DESIGNEE TO EXECUTE SUCH LEASES (DISTRICT 3)
December 12, 2023
Page 290
Item #16F4
AWARD INVITATION TO BID (“ITB”) NO. 23-8165 “COLLIER
COUNTY SHERIFF’S OFFICE SPECIAL OPERATIONS
CHILLER SYSTEMS RENOVATION” PROJECT, TO B & I
CONTRACTORS, INC., IN THE AMOUNT OF $900,000, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
AGREEMENT. (PROJECT NO. 53010) (DISTRICT 1)
Item #16F5
CHANGE ORDER NO. 5 UNDER AGREEMENT NO. 18-7277,
WITH STANTEC CONSULTING SERVICES, INC., RELATIVE
TO THE COLLIER THE COLLIER COUNTY SHERIFF’S
FORENSIC FACILITY TO INCREASE THE VALUE OF TASK 5.0
(FINAL BUILDING DESIGN) IN THE AMOUNT OF $126,220, TO
INCREASE THE VALUE OF TASK 9.0 (CONSTRUCTION
ADMINISTRATION) IN THE AMOUNT OF $599,434, TO ADD
TIME OF 1,096 DAYS TO THE CONTRACT EXPIRATION DATE,
AND TO AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED CHANGE ORDER (PROJECT NO. 70167) (ALL
DISTRICTS)
Item #16F6
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 23-8102,
“COST ALLOCATION PLANNING,” TO MGT OF AMERICA
CONSULTING, LLC, AND AUTHORIZE THE CHAIRMAN TO
SIGN THE ATTACHED AGREEMENT (ALL DISTRICTS)
Item #16F7
December 12, 2023
Page 291
AWARD REQUEST FOR PROPOSAL (“RFP”) NO. 23-8139,
“SECURITY SERVICES,” TO UNIVERSAL PROTECTION
SERVICE, LLC D/B/A ALLIED UNIVERSAL SECURITY
SERVICES, LLC, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT (ALL DISTRICTS)
Item #16F8
EXTENSION OF AGREEMENT NO. 12-5957 WITH PFM
FINANCIAL ADVISORS LLC (“PFM”), EXTENDING THE
AGREEMENT WITH PFM THROUGH MAY 31, 2026, AS AN
EXEMPTION TO THE COMPETITIVE PROCESS UNDER
SECTION 2-193(14) OF THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY, FLORIDA (ALL
DISTRICTS)
Item #16F9
CHANGE ORDER NO. 6, FOR $485,259 UNDER AGREEMENT
NO. 19-7650, GOLDEN GATE GOLF COURSE
REDEVELOPMENT PLANNING AND ENGINEERING, TO
CONDUCT AN ENVIRONMENTAL SITE ASSESSMENT AT
GOLDEN GATE GOLF COURSE AND PROVIDE
RECOMMENDATIONS FOR REHABILITATION AND
AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED
CHANGE ORDER (PROJECT NO. 80412) (DISTRICT 1)
Item #16F10
AWARD INVITATION TO BID (“ITB”) NO. 23-8162, “AIR
FILTRATION SERVICES,” TO FILTER PRO USA, LLC D/B/A
December 12, 2023
Page 292
FILTERPRO IAQ FOR “AIR FILTRATION SERVICES,”
APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN
ATTACHED AGREEMENT NO. 23-8162, THEREBY
TERMINATING EXISTING AGREEMENT NO. 18-7399 (ALL
DISTRICTS)
Item #16F11
RECOGNIZE ACCRUED INTEREST FROM THE PERIOD APRIL
1, 2023, THROUGH SEPTEMBER 30, 2023, EARNED BY EMS
COUNTY GRANT, PROJECT NO. 33655, AND APPROPRIATE
FUNDS FOR A TOTAL AMOUNT OF $3,642.00 (ALL
DISTRICTS)
Item #16F12
AMENDMENTS TO ARTICLE 13 AND ARTICLE 20 OF THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN
COLLIER COUNTY AND THE COLLIER EMS/FIRE DISTRICT
14 BARGAINING UNIT, SOUTHWEST FLORIDA
PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL
1826, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
INCORPORATED (ALL DISTRICTS)
Item #16F13
AGREEMENT #24-004-NS-WV WITH IMAGETREND, LLC,
AUTHORIZE EXPENDITURES FOR THE SOLE SOURCE
PURCHASE OF ELECTRONIC PATIENT CARE SERVICE AS
SOFTWARE FROM IMAGETREND FOR A PERIOD OF FIVE
YEARS IN AN AMOUNT NOT-TO-EXCEED $75,000 PER
December 12, 2023
Page 293
FISCAL YEAR (ALL DISTRICTS)
Item #16F14
APPROVE A LEASE AGREEMENT WITH THE CITY OF
MARCO ISLAND ALLOWING FOR EMERGENCY MEDICAL
SERVICES’ CONTINUED OCCUPANCY AT THE NEWLY
RECONSTRUCTED MARCO ISLAND FIRE STATION 50,
LOCATED AT 1280 SAN MARCO ROAD, TO MAINTAIN THE
LEVEL OF SERVICE ON MARCO ISLAND AND TO
TERMINATE THE PREVIOUSLY EXECUTED LEASE
AGREEMENT (DISTRICT 1)
Item #16I1
MISCELLANEOUS CORRESPONDENCE DECEMBER 12, 2023
(ALL DISTRICTS)
December 12, 2023
Page 294
Item #16J1
THE CLERK’S REPORT INDICATING NO INTEREST PAID
PURSUANT TO FLORIDA STATUTE 218.78 FOR THE FISCAL
YEAR ENDED SEPTEMBER 30, 2023 (ALL DISTRICTS)
Item #16J2
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS IN THE
AMOUNT OF $27,924,814.82 WERE DRAWN FOR THE
PERIODS BETWEEN NOVEMBER 2, 2023, AND NOVEMBER
15, 2023, PURSUANT TO FLORIDA STATUTE 136.06 (ALL
DISTRICTS)
Item #16J3
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS IN THE
AMOUNT OF $44,120,463.18 WERE DRAWN FOR THE
PERIODS BETWEEN NOVEMBER 16, 2023, AND NOVEMBER
29, 2023 PURSUANT TO FLORIDA STATUTE 136.06 (ALL
DISTRICTS)
Item #16J4
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
December 12, 2023
Page 295
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF NOVEMBER 22, 2023 (ALL
DISTRICTS)
Item #16J5
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF DECEMBER 6, 2023 (ALL
DISTRICTS)
Item #16K1
RESOLUTION 2023-220: RECLASSIFY ONE MEMBER AND
APPOINT TWO NEW MEMBERS TO THE COLLIER COUNTY
CITIZEN CORPS (THIS IS A COMPANION TO ITEM #9A) (ALL
DISTRICTS)
Item #16K2
RESOLUTION 2023-221: APPOINT 2 MEMBERS TO THE
INDUSTRIAL DEVELOPMENT AUTHORITY. (ALL
DISTRICTS)
Item #16K3
RESOLUTION 2023-222: APPOINT A MEMBER TO THE
BAYSHORE BEAUTIFICATION ADVISORY COMMITTEE.
(DISTRICT 4)
Item #16K4
December 12, 2023
Page 296
RESOLUTION 2023-223: APPOINT A MEMBER TO THE
HALDEMAN CREEK DREDGING MAINTENANCE ADVISORY
COMMITTEE (DISTRICT 4)
Item #16K5
RESOLUTION 2023-224: REAPPOINT A MEMBER TO THE
HEALTH FACILITIES AUTHORITY. (ALL DISTRICTS)
Item #16K6
RESOLUTION 2023-225: REAPPOINT SIX MEMBERS TO THE
DEVELOPMENT SERVICES ADVISORY COMMITTEE (ALL
DISTRICTS)
Item #16K7
AUTHORIZE THE ANNUAL PUBLISHING IN THE
NEWSPAPER OF A REQUIRED NOTICE THAT THE COUNTY
MAY PUBLISH CERTAIN STATUTORILY REQUIRED LEGAL
ADVERTISEMENTS AND NOTICES ON THE CLERK OF THE
CIRCUIT COURT’S PUBLIC NOTICE WEBSITE (ALL
DISTRICTS)
Item #16K8
THE COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF
OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AGAINST ROBERTS DRILLING, INC. AND
ANY OTHER RESPONSIBLE PARTIES FOR $34,073 IN
DAMAGES CAUSED TO A 12-INCH WATER MAIN NEAR THE
December 12, 2023
Page 297
INTERSECTION OF MAINSAIL DRIVE AND COLLIER
BOULEVARD (ALL DISTRICTS)
Item #16K9
THIRD AMENDMENT TO THE MEDIATED SETTLEMENT
AGREEMENT BETWEEN THE COUNTY, LA MINNESOTA
RIVIERA, LLC, AND THE RIVIERA GOLF ESTATES
HOMEOWNERS’ ASSOCIATION, INC., REGARDING
SETTLEMENT OF A BERT HARRIS CLAIM CONCERNING THE
RIVIERA GOLF COURSE, IN ORDER TO EXTEND THE
TIMEFRAMES PROVIDED FOR IN THE AGREEMENT (ALL
DISTRICTS)
Item #16K10
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $85,500
PLUS $29,384.14 IN STATUTORY ATTORNEY FEES,
EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCELS
337FEE AND 337TDRE REQUIRED FOR THE VANDERBILT
BEACH ROAD EXTENSION PROJECT NO. 60168 (ALL
DISTRICTS)
Item #16K11
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$45,550 PLUS $14,574.37 IN STATUTORY ATTORNEY FEES,
EXPERTS’ FEES, AND COSTS FOR THE TAKING OF PARCEL
1121FEE REQUIRED FOR THE VANDERBILT BEACH ROAD
EXTENSION PROJECT NO. 60168 (ALL DISTRICTS)
December 12, 2023
Page 298
Item #16K12
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$113,975 PLUS $30,106.99 IN STATUTORY ATTORNEY FEES
AND COSTS, AND EXPERTS’ FEES AND COSTS FOR THE
TAKING OF PARCEL 1137FEE REQUIRED FOR THE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168
(ALL DISTRICTS)
Item #17A
RESOLUTION 2023-226: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE
FY23-24 ADOPTED BUDGET. (THE BUDGET AMENDMENTS
IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED
AND APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES)
(ALL DISTRICTS
Item #17B
ORDINANCE 2023-64: ENACT AN ORDINANCE THAT ADOPTS
THE FLORIDA BUILDING CODE, EIGHTH EDITION (2023),
ADDS CERTAIN LOCAL EXCEPTIONS AND AMENDMENTS
TO THE FLORIDA BUILDING CODE, INCORPORATES
CURRENT LOCAL WIND ZONE MAPS, AND REPEALS
ORDINANCE 2020-48 (ALL DISTRICTS)
Item #17C
December 12, 2023
Page 299
RESOLUTION 2023-227: A RESOLUTION AMENDING
SCHEDULES ONE, TWO, THREE, FOUR, AND FIVE OF
APPENDIX A TO SECTION FOUR OF COLLIER COUNTY
ORDINANCE NO. 2001-73, AS AMENDED, TITLED THE
COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM
BILLING, OPERATING, AND REGULATORY STANDARDS
ORDINANCE, AMENDING PROPOSED RATES FOR WATER,
WASTEWATER, IRRIGATION QUALITY WATER, WHOLESALE
POTABLE WATER, AND MISCELLANEOUS SERVICE
CHARGES WITH EFFECTIVE DATES OF JANUARY 1, 2024,
OCTOBER 1, 2024, AND OCTOBER 1, 2025 (ALL DISTRICTS)
Item #17D
ORDINANCE 2023-65: AMEND ORDINANCE NO. 2004-58, AS
AMENDED, THE COLLIER COUNTY PROPERTY
MAINTENANCE CODE BY AMENDING SECTION SIX,
COMPLIANCE WITH HOUSING STANDARDS, TO REDUCE
MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR MULTI-
FAMILY DWELLING UNITS (ALL DISTRICTS)
Item #17E
ORDINANCE 2023-66: AN ORDINANCE AMENDING
ORDINANCE NUMBER 90-028, THE MONTEREY PLANNED
UNIT DEVELOPMENT (PUD), TO CORRECT A SCRIVENER’S
ERROR IN SECTION 2.04.05 OF THE PUD DOCUMENT
RELATING TO FLOOR AREA; AND PROVIDING FOR AN
EFFECTIVE DATE. THE SUBJECT 194.03 ± ACRE PUD IS
LOCATED ON THE SOUTH SIDE OF VANDERBILT BEACH
ROAD AND NORTH OF ORANGE BLOSSOM DRIVE
December 12, 2023
Page 300
APPROXIMATELY 900 FEET EAST OF GOODLETTE-FRANK
ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
IN COLLIER COUNTY, FLORIDA [PL202300016639] (DISTRICT
2)
Item #17F
RESOLUTION 2023-228: A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS PROPOSING AN AMENDMENT
TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING THE FUTURE LAND USE MAP TO EXTEND THE
PLANNING PERIOD FROM 2012-2025 TO 2023-2045,
FURTHERMORE, DIRECTING TRANSMITTAL OF THE
PROPOSED AMENDMENT TO THE FLORIDA DEPARTMENT
OF COMMERCE. [COORDINATOR: DAVID WEEKS, AICP,
SENIOR PROJECT MANAGER] PL20220006512 - FLUE/FLUM
LAND USE PLANNING PERIOD CHANGE TO 2023-2045
GMPA (ALL DISTRICTS)
Item #17G
RESOLUTION 2023-229: PETITION VAC-PL20230013952, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE NORTH 10-
FOOT DRAINAGE EASEMENT LOCATED ON LOT 36, AND A
PORTION OF THE SOUTH 10-FOOT DRAINAGE EASEMENT
LOCATED ON LOT 37, COLLIER COUNTY PRODUCTION
PARK, PHASE 1-B, AS RECORDED IN PLAT BOOK 15, PAGES 7
AND 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH,
December 12, 2023
Page 301
RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND TO
ACCEPT PETITIONER’S GRANT OF A DRAINAGE EASEMENT
TO REPLACE THE VACATED DRAINAGE EASEMENTS
(DISTRICT 4)
December 12, 2023
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:28 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
RICK LoCASTRO, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
r)()- —A-"a-c"
Attest as to
signature only
These minutes approved by the Board on ( — q- 0, as
presented ✓ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY
PUBLIC.
Page 303