BCC Minutes 06/28/2016 R BCC
REGULAR
MEETING
MINUTES
June 28, 2016
June 28, 2016
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 28, 2016
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
p
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 members present:
CHAIRMAN: Donna Fiala
Tom Henning
Georgia Hiller
Tim Nance
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Clerk of Courts Finance Director
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
June 28, 2016
9:00 AM
Commissioner Donna Fiala, District 1 —BCC Chair
Commissioner Tim Nance, District 5—BCC Vice-Chair; CRAB Chair
Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair
Commissioner Tom Henning, District 3 — PSCC Representative
Commissioner Penny Taylor, District 4— CRAB Vice-Chair; TDC 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
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
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June 28,2016
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
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. Reverend Dr. Bob Scudieri - Member of Peace Lutheran Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
3. EMPLOYEE SERVICE AWARDS
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June 28,2016
A. 25 Year Attendees
1) Jacqueline Lockerby - EMS
B. 30 Year Attendees
1) Vickie Wilson - Parks & Recreation
C. 35 Year Attendees
1) Joseph Corbo - Road Maintenance
4. PROCLAMATIONS
A. Proclamation honoring Michael Wynn, his contributions to the community
and his recent appointment to the board of directors of the Federal Reserve
Bank of Atlanta's Miami Branch. To be accepted by Michael Wynn.
B. Proclamation recognizing and congratulating Lextech Automotive, Inc. on
receiving the WRAP award for its continued efforts to promote waste
reduction, reuse and recycling and for sustaining the usable life of the
Collier County Landfill. To be accepted by Mr. Steve Stover and Mr. Jim
Kunkle, owners.
C. Proclamation declaring Tuesday, June 28, 2016, as Mackensie Alexander
Day in Collier County, in recognition of his dedication to his family, football
and the community. To be accepted by Mackensie Alexander. Mackensie
will also be presented with the "Against All Odds" award.
5. PRESENTATIONS
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
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June 28,2016
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution, with
conditions, for a twenty four (24) foot 7 inch variance from the Coastal
Construction Setback Line (CCSL) to allow for the construction of
accessory improvements to a single-family residence including a fence, pool,
spa, sun and covered deck areas, patio, stairs, storage, veranda, landscaping
and irrigation, seaward of the Coastal Construction Setback Line (CCSL) to
replace the existing single-family residence which was 45± feet seaward of
the CCSL. The subject property is located with a street address of 10381
Gulf Shore Drive and described as Lot 43, Block A, re-subdivision of part of
Unit no. 1 Conner's Vanderbilt Beach Estates in Section 29, Township 48
South, Range 25 East, Collier County, Florida. [Petition No. CCSV-
PL20150002562]
B. Recommendation to consider adopting an Ordinance amending Ordinance
Number 04-41, as amended, the Collier County Land Development Code,
which includes the comprehensive land regulations for the unincorporated
area of Collier County, Florida, by amending Chapter One - General
Provisions; Chapter Two - Zoning Districts and Uses; Chapter Three -
Resource Protection; Chapter Four - Site Design and Development
Standards; Chapter Five - Supplemental Standards; Chapter Six -
Infrastructure Improvements and Adequate Public Facilities Requirements;
Chapter Nine - Variations From Code Requirements; Chapter Ten -
Application, Review, and Decision-Making Procedures, and as further
described in the attached amendments.
C. Recommendation to consider an Ordinance amending Ordinance Number
04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, to make comprehensive changes to architectural and
site design standards, more specifically by amending Chapter Two - Zoning
Districts and Uses; Chapter Four - Site Design and Development Standards;
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June 28,2016
Chapter Five - Supplemental Standards, Chapter Six - Infrastructure
Improvements and Adequate Public Facilities Requirements, Chapter Ten -
Application, Review, and Decision-Making Procedures, and as further
described in the attached amendments.
10. BOARD OF COUNTY COMMISSIONERS
A. Report to the Board of County Commissioners regarding the Clerk's legal
duty to follow the Collier County Procurement Ordinance and state statutes
to include the Prompt Payment Act. (Commissioner Hiller)
B. Report to the Board of County Commissioners of material omissions by the
Clerk of Courts in the Liberty/Brock garnishment action. (Commissioner
Hiller)
11. COUNTY MANAGER'S REPORT
A. This item to be heard at 9:50 a.m. Recommendation to accept the Collier
County Sports Market and Needs Assessment Analysis and direct the
County Manager or his designee to proceed with feasibility studies for the
locations the Board may wish to consider for expanded sports facilities and
make a finding that this action promotes tourism. (Jack Wert, Tourism
Division Director)
B. This item to be heard immediately following Item #11A.
Recommendation to consider the expressed interest from the Atlanta Braves
in relocating its major league baseball spring training operations to Collier
County, authorize staff to conduct necessary feasibility analyses and due
diligence on this project proposal and report results to the Board for
subsequent action. (Leo E. Ochs, Jr., County Manager)
C. This item to be heard at 9:20 a.m. Recommendation to approve the
Landscape Beautification Master Plan Ranking for installation; and
authorize a budget amendment to fund the initial FY17 design. (David
Wilkison, Growth Management Department Head)
D. Recommendation to accept Staff's review of Agenda Item #13B, (Clerks of
Courts' Disbursement Report) from the June 14, 2016 BCC Meeting. (Len
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June 28,2016
Price, Administrative Services Department Head)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$357,504 which was posted as a
guaranty for Excavation Permit Number 60.116, PL20140000514 for
work associated with Temple Citrus Grove.
2) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$25,000 which was posted as a
guaranty for Excavation Permit Number 59.887-11, PL20130002458
for work associated with Quarry South Beach.
3) Recommendation to approve an easement agreement for the purchase
of a Drainage Easement (Parcel 105DE) necessary for continued
maintenance of underground stormwater drainage facilities installed
as part of the Gateway Triangle Stormwater Management System.
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June 28,2016
Project No. 51803. (Estimated Fiscal Impact: $13,600).
4) Recommendation to approve the short-list of professional engineering
consultants pursuant to Request for Proposal (RFP) Number 16-6560,
CEI Services for the White Boulevard over Cypress Canal Bridge
Replacement Project and to enter into negotiations between Collier
County and AECOM Technical Services, Inc., for "Construction
Engineering and Inspection (CEI) Services for the White Boulevard
over Cypress Canal Bridge Replacement Project," Project No. 66066.
5) Recommendation to approve and authorize the Chairman to approve
and execute a Sovereignty Submerged Lands Easement from the
Board of Trustees of the Internal Improvement Trust Fund of the State
of Florida, Project No. 66066, for the installation and maintenance of
bridges at two locations on Vanderbilt Drive. Fiscal Impact: None.
6) Recommendation to approve the First Amendment to Lease
Agreement between the Collier Metropolitan Planning Organization's
and the Collier County Board of County Commissioners.
7) Recommendation to approve an amendment to the Staff Services
Agreement by and between the Collier Metropolitan Planning
Organization (MPO) and the Collier County Board of County
Commissioners.
8) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
323RDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard. Project No.
60145 (Estimated Fiscal Impact: $43,603).
9) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
341RDUE) and a Temporary Driveway Restoration Easement (Parcel
341TDRE) required for the expansion of Golden Gate Boulevard from
20th Street East to east of Everglades Boulevard. Project No. 60145
(Estimated Fiscal Impact: $7,600).
10) Recommendation to approve and authorize the Chairman to execute
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June 28, 2016
Contract No. 16-6629 to provide professional engineering services as
required for the "2016 Beach Renourishment Project" for $111,756.30
with CB&I Environmental & Infrastructure, Inc., and make a finding
that this item promotes tourism, Project No. 80301.
11) Recommendation to adopt a resolution revising the "Construction
Standards Handbook for Work Within the Right-of-Way, Collier
County, Florida" (Construction Handbook), in accordance with
Ordinance No. 2003-37, as amended.
12) Recommendation to approve the short-list of professional engineering
consultants pursuant to Request for Proposal (RFP) #16-6588, CEI
Services for the Logan Boulevard Extension Project, and to enter into
negotiations between Collier County and KCCS, Inc., for
"Construction Engineering and Inspection (CEI) Services for Logan
Boulevard Extension Project." Project No. 33464.
13) Recommendation to approve the release of a code enforcement lien
with an accrued value of$310,480 for payment of$530, in the code
enforcement action entitled Board of County Commissioners v.
Virginia Villarreal, Code Enforcement Board Case No.
CESD20110002682, relating to property located at 1314 Tangerine
Street, Collier County, Florida.
14) Recommendation to approve an agreement for the purchase of a "fee"
estate (Parcel 101FEE) and a Temporary Construction Easement
(Parcel 101 TCE) necessary for the construction of roadway and
related improvements required at the intersection of Airport-Pulling
Road and Davis Boulevard, Project No. 60148, and approve the
release of a code enforcement lien with an accrued value of
$14,366.88 for payment of$641.88, per said agreement, in the code
enforcement action entitled Board of County Commissioners v. Home
Depot USA, Inc., Code Enforcement Board Case No. 2005040822
relating to property located at 1651 Airport Road South, Collier
County, Florida. (Estimated Fiscal Impact: $95,650).
15) Recommendation to approve the release of a code enforcement lien
with an accrued value of$180,681.15 for payment of$3,000, in the
code enforcement action entitled Board of County Commissioners v.
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June 28,2016
Cassia Poviones, Code Enforcement Board Case No.
CESD20120017981relating to property located at 3030 39th Street
SW, Collier County, Florida.
16) Recommendation to approve the release of a code enforcement lien
with an accrued value of$24,712.29 for payment of$3,000 in the
code enforcement action entitled Board of County Commissioners v.
NAAC Mortgage Pass-through CT, Code Enforcement Board Case
No. CESD20130000703 relating to property located at 1109 Palm
Drive, Collier County, Florida.
17) Recommendation to approve the release of a code enforcement lien
with an accrued value of$23,476.15 for payment of$676.15 in the
code enforcement action entitled Board of County Commissioners v.
Tomatoes Plus, Inc., Code Enforcement Board Case No.
CELU20120002552 relating to property located at 100 Madison
Avenue E, Unit A, Collier County, Florida.
18) Recommendation to approve the release of a code enforcement lien
with an accrued value of$21,550.42 for payment of$5,750.42 in the
code enforcement action entitled Board of County Commissioners v.
Fernando Rosquette, Code Enforcement Special Magistrate Case No.
CEPM20090001294, relating to property located at 2365 10th Avenue
NE, Collier County, Florida.
19) Recommendation to approve a work order with CB&I Coastal
Planning & Engineering, Inc., to provide professional engineering
services for modifications to the County's beach and inlet physical
monitoring plans under Contract No.15-6382 for time and materials
not to exceed $5,976 and authorize the County Manager or his
designee to execute the work order, and make a finding that this item
promotes tourism.
20) Recommendation to approve the selection of CH2M Hill pursuant to
RFP No. 16-6617, "Randall Boulevard and Oil Well Corridor Study"
and authorize staff to negotiate a contract with CH2M Hill for
subsequent Board approval.
21) Recommendation to correct a scrivener's error by changing the project
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June 28, 2016
for awarded Contract No. 16-6584, Cypress Way East Sidewalk
Project, Project No. 60118.4 County Wide Pathways to Project No.
69081, County Wide Bikeway Improvement, and approve the budget
amendments necessary to re-appropriate funding to the correct
project.
22) Recommendation to correct a scrivener's error by changing the project
for awarded Contract No. 16-6608, County Wide Pathways - Outer
Drive Sidewalk Project, Project No. 60118.3, County Wide Pathways
to Project No. 69081, County Wide Bikeway Improvement, and
approve the budget amendments necessary to re-appropriate funding
to the correct project.
23) Recommendation to approve a work order with CB&I Coastal
Planning & Engineering, Inc., to provide professional engineering
services for the 2017-2018 Local Government Funding Request to the
Florida Department of Environmental Protection for local beach
renourishment and shore protection projects under Contract No.15-
6382 for time and materials not to exceed $10,920, authorize the
County Manager or his designee to execute the work order, and make
a finding that this item promotes tourism.
24) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Hampton Village Phase 1
Replat Application Number PL20120002486 with the roadway and
drainage improvements being privately maintained and authorizing
the release of the maintenance security.
25) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Azure at Hacienda Lakes,
(Application Number PL20160001001) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
26) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Sabal Bay Commercial
Plat - Phase Four Application Number AR-13453 with the roadway
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June 28,2016
and drainage improvements being privately maintained and
authorizing the release of the maintenance security.
27) Recommendation to approve a Tri-Party Developer Contribution
Agreement with Hacienda Lakes of Naples, LLC, and The District
School Board of Collier County to allow Hacienda Lakes of Naples,
LLC, to convey a 19.5-acre parcel within the Hacienda Lakes MPUD
for use as an elementary school site in exchange for Educational
Impact Fee credits in the sum of$2,834,750 which exchange is in
accordance with the Developer commitments set forth in the MPUD
document, and which sum represents the appraised fair market value
of the parcel.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board, approve the first
amendment to the U.S. Housing and Urban Development Community
Development Block Grant subrecipient agreement for the Pineland
Avenue stormwater improvement project between Collier County and
the Bayshore Gateway Triangle Community Redevelopment Agency
providing an additional $5,000 in grant funding for permitting and
construction inspection services and authorize the necessary budget
amendment
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a Resolution and Satisfactions of Lien
for the 1991, 1993, 1994, 1995, and 1996 Solid Waste Collection and
Disposal Services Special Assessments where the county has received
payment in full satisfaction of the liens. Fiscal impact is $61 to record
the Satisfactions of Liens.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign
seven satisfactions of mortgage for owner-occupied affordable
housing units that have satisfied the terms of assistance for Collier
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June 28,2016
County HOME Investment Partnership Program.
2) Recommendation to approve two mortgage satisfactions for the
State Housing Initiatives Partnership (SHIP) single family
rehabilitation program in the combined amount of$29,514.
3) Recommendation to approve two satisfactions of mortgage for the
State Housing Initiatives Partnership loan program for full payment in
the amount of$39,400 and to authorize a budget amendment
recognizing $39,400 in program income revenue generated by
repayment of loans (Net Fiscal Impact of$39,400).
4) Recommendation to accept a revision to Federal Transit
Administration Section 5310 Grant award, authorize the necessary
budget amendments, and approve the purchase of three Avail
Intelligent Transportation System (ITS) components for the new
paratransit vehicles.
5) Recommendation to approve three releases of lien for full payment of
deferral of 100 percent of countywide impact fees for owner occupied
affordable housing dwelling units.
6) Recommendation to approve thirteen mortgage satisfactions for
the State Housing Initiatives Partnership loan program in the
combined amount of$114,763.
7) Recommendation to approve seven State Housing Initiatives
Partnership Program release of liens in the amount of$51,690.45 for
owner-occupied affordable housing dwelling units where the
obligation has been repaid in full.
8) Recommendation to approve the expenditure of Category "A" Beach
Park Facility Tourist Tax funds for restriping the parking garage at the
County's Vanderbilt Beach Park for $19,278.65 and make a finding
that this expenditure promotes tourism.
9) Recommendation to approve a budget amendment to increase meals
for the 2016 Summer Food Service Program (SFSP). (Fiscal Impact:
Grant Fund $8,839.58 and Local General Fund $578.42 for a total of
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June 28,2016
$9,148).
10) Recommendation to approve and execute an Access License
Agreement with Lynx Zuckerman at Hamilton Green, LLC and
Sienna Reserve Homeowners Association to allow residents of the
Sienna Reserve neighborhood access to the North Collier Regional
Park through a private entrance point.
11) Recommendation to approve budget amendments in the amount of
$244,978.36 to restore the U.S. Department of Housing and Urban
Development (HUD) CDBG Grant Program available balances from
the reconciliation of the 2001-2010 program years (net fiscal impact
of$66,268.07).
12) Recommendation to approve budget amendments in the amount of
$33,369.75 to restore the U.S. Department of Housing and Urban
Development (HUD) HOME Grant Program available balances from
the reconciliation of the 2006-2007 program years.
13) Recommendation to approve a Resolution superceding Resolution No.
2015-126, which established the Collier Area Transit (CAT)
Advertising Policy, Standards and Rate Schedules to correct scrivener
errors in established rate schedules and add the ability to advertise on
the bus schedules.
14) Recommendation to adopt a Resolution repealing and superseding
Resolution No. 2012-181, and establishing a revised Collier County
Public Library Fines and Fees Schedule.
15) Recommendation to approve and authorize the Chairman to sign one
satisfaction of mortgage for a first time home buyer of an affordable
housing unit that has satisfied the terms of assistance for the Collier
County Neighborhood Stabilization Program and authorize a budget
amendment recognizing the program income.
16) Recommendation to approve and authorize the Chairman to execute a
Landlord Payment Agreement, allowing the County to administer the
Rapid Re-Housing and Homelessness Prevention Program through the
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June 28,2016
Emergency Solutions Grant Program.
17) Recommendation to approve two State Housing Initiative Partnership
Sponsor Agreements between Collier County and Big Cypress
Housing Corporation, contract award $500,000, for rental
rehabilitation and Community Assisted and Supported Living, Inc.,
contract award $412,500 for the administration of rental acquisition.
18) Recommendation to approve a joint application from the Collier
County Museums and the Marco Island Historical Society to borrow
significant artifacts found on Marco Island during the 1896 Pepper-
Hearst Archaeological Expedition from the Smithsonian Institution's
National Museum of Natural History and University of Pennsylvania
Museum for a temporary exhibit at the Marco Island Historical
Museum.
19) Recommendation to approve the 2016 Annual Progress Report of the
Collier County Transit Development Plan and authorize its
submission to the Florida Department of Transportation (FDOT).
20) Recommendation to accept advisory notification from the County
Health Department regarding family planning expanded services
beginning July 1, 2016.
21) Recommendation to approve and authorize the Chairman to sign an
amendment to the FY 2015-2016 State Aid to Libraries Grant
Agreement to meet deliverables requirements as required by the State,
accept the second payment of$399, and authorize the necessary
budget amendment.
22) Recommendation to reject the sole response received for Request for
Proposal No. 16-6581 Public Library Community Needs Assessment.
23) Recommendation to approve the Collier County U.S. Department of
Housing and Urban Development (HUD) 5-Year Consolidated Plan
for FY 2016-2020 to include a revised Citizen Participation Plan, the
Needs Assessment, the FY2016-2017 One-Year HUD Annual Action
Plan for Community Development Block Grant (CDBG), HOME
Investment Partnerships and Emergency Solutions Grant Programs,
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June 28, 2016
including the re-programming of funds from previous years for
CDBG and HOME and estimated CDBG program income; approve
the Resolution, HUD Certifications, and SF 424 Application for
Federal Assistance, and authorize transmittal to the HUD.
24) Recommendation to approve substantial amendments to Collier
County's U.S Department of Housing and Urban Development Annual
Action plans for FY 2013-2014, FY 2014-2015, and FY 2015-2016 to
increase funding for the previously approved Community
Development Block Grant (CDBG) Pineland Stormwater (Bayshore
CRA) project and the CDBG Youth Haven Shelter and Transitional
Living project, add a new Emergency Solutions Grant (ESG) project
to fund the Homeless Management Information System, reduce
funding for the ESG rental assistance program; and approve First
Amendments to the associated subrecipient agreements.
25) Recommendation to approve Agreement Confirming GAP Housing
Density Bonus and Imposing Covenants and Restrictions on Real
Property allowing either for sale or for rent units in the Vincentian
MPUD.
26) Recommendation to authorize a $20,000 SHIP purchase assistance
disbursement under the State Housing Initiatives Partnership (SHIP)
Program.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve the liquidation of the County's
ownership of common stock in MetLife Insurance Company resulting
from the demutualization of the carrier and to transfer the proceeds of
the sale to Fund 517, Group Health and Life in the estimated amount
of$220,720.50.
2) Recommendation to approve Diocese of Venice Non-Exclusive Space
Usage Agreement and License with St. John the Evangelist Catholic
Church for Public Utilities public information meetings and project
team progress meetings, at no cost.
3) Recommendation to authorize the advertisement of an Ordinance for
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June 28,2016
future consideration which would amend Ordinance No. 2002-56, the
Collier County Citizen Corps Ordinance to implement requirements of
the Emergency Management Accreditation Program.
4) Recommendation to recognize and appropriate revenue to the
Facilities Management Division cost center in the amount of
$126,442.90 for the period of April through June of Fiscal Year 2015-
2016 and approve all necessary Budget Amendments.
5) This item continued from the June 14, 2016 BCC Meeting.
Recommendation to award Request for Proposal No. 16-6618 Annual
Contract for General Contractor Services to the following six firms:
Surety Construction Company, Bradanna, Inc., Compass
Construction, Inc., William J. Varian Construction Company, Inc.,
Varian, Chris Tel, and EBL Construction.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to accept the seventh annual report on the "Impact
Fee Program for Existing Commercial Redevelopment"; to direct the
County Attorney to advertise and bring back to the Board an
Ordinance Amendment making the Program permanent by removing
the Program's sunset language; and to approve a Resolution extending
the Program until such time that the Ordinance Amendment is
approved by the Board.
2) Recommendation to approve the ranked list of consultants pursuant to
RFP No. 16-6571, "Impact Fee Study," and authorize staff to
negotiate a contract with the top ranked firm Tindale-Oliver &
Associates, Inc. for subsequent Board approval.
3) Recommendation to adopt a Resolution fixing the date, time and place
for the Public Hearing for approving the Special Assessment (Non-Ad
Valorem Assessment) to be levied against the properties within the
Pelican Bay Municipal Service Taxing and Benefit Unit for
maintenance of the water management system, beautification of
recreational facilities and median areas and maintenance of
conservation or preserve areas, and establishment of Capital Reserve
Funds for ambient noise management, maintenance of conservation or
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June 28, 2016
preserve areas, including the restoration of the mangrove forest, U.S.
41 berm, street signage replacements within the median areas,
landscaping improvements to U.S. 41 entrances and beach
renourishment, all within the Pelican Bay Municipal Service Taxing
and Benefit Unit.
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
5) Recommendation to adopt a resolution approving the proposed Project
Ice as a qualified applicant to Florida's Qualified Target Industry
(QTI) Tax Refund program, providing up to $79,800 of local financial
support for a corporate headquarters project which will create 57 new
quality jobs in Collier County, Florida.
G. AIRPORT AUTHORITY
1) Recommendation to approve a Site License Agreement with Roush
Industries, Inc. to Conduct Defensive Driver Training Courses at the
Immokalee Regional Airport.
2) Recommendation to approve and execute a First Amendment to a
Collier County Airport Authority Standard Form Lease with Tellus
Florida, LLC, at the Immokalee Regional Airport.
3) Recommendation to direct staff to pursue a Focused Environmental
Assessment and potential grant funding for the establishment of a
seaplane base at the Everglades Airpark. (Fiscal Impact $30,000.)
4) Recommendation to award Bid No. 16-6557R Automated Weather
Observing Station (AWOS) for the Immokalee Regional Airport in
the amount of$132,557 to Wolen, LLC.
5) Recommendation to approve the rankings of firms for Request for
Proposal (RFP) #16-6561 for "Design Services for Marco Executive
Airport Terminal" and to direct staff to negotiate a contract with the
top ranked firm, Atkins North America.
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June 28, 2016
6) Recommendation to approve staffs ranking for Advertisement #16-
6605 to lease vacant property at the Marco Island Executive Airport
for the construction of a bulk aircraft hangar and direct staff to pursue
lease negotiations with Image Air Charter, LLC, seek FDOT grant
participation for needed infrastructure improvements and make a
finding that this item promotes economic development within the
County airport system.
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to provide approval to designate the Sheriff as the
official applicant and point of contact for the U.S. Department of
Justice, Office of Justice Programs, Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant (JAG) FY '16
Local Standard grant, authorize the electronic submission of the
application, accept the grant when awarded, approve associated
budget amendments and approve the Collier County Sheriff's Office
to receive and expend 2016 JAG Standard grant funds.
2) To provide the Board a "Payables Report" for the period ending June
22, 2016 pursuant to the Board's request.
3) To provide the special interim reports for approval as detailed in
Section 2c of the agreed-upon order dated July 16, 2015 by Judge
James R. Shenko in the manner requested by the Board of County
Commissioners (previously included in item 16.I.) and that prior to
payment, the Board approves these expenditures with a finding that
said expenditures serve a valid public purpose and authorizes the
Clerk to make disbursement.
4) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
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June 28, 2016
periods between June 2 to June 15, 2016 pursuant to Florida Statue
136.06.
K. COUNTY ATTORNEY
1) Recommendation to approve a Joint Motion and proposed Stipulated
Final Judgment in the amount of$500 for Parcel 168TCE in the case
styled Collier County v. Robert E. Williams, Tr., et al., Case No. 14-
CA-816 required for the expansion of Collier Blvd. from Green Blvd.
to Golden Gate Blvd., Project No. 68056. (Fiscal Impact: $215)
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. Recommendation to adopt an Ordinance amending Ordinance 2009-29, as
amended, the Planning Commission Ordinance, specifically Section One (1)
"Establishment; Powers and Duties;" in order to delete an obsolete provision
regarding the review of preliminary subdivision plats; providing for conflict
and severability, providing for inclusion into the Code of Laws and
Ordinances, and providing for an effective date.
B. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2015-16 Adopted Budget.
C. This item has been continued to the July 12, 2016 BCC Meeting.
Recommendation to consider adoption of an Ordinance establishing the
"Longwater" Community Development District (CDD) pursuant to Section
190.005(2), Florida Statutes.
Page 19
June 28,2016
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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June 28,2016
June 28, 2016
CHAIRMAN FIALA: Good morning, everybody.
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you all for being here. These
wonderful people who worry about our landscaping and enjoy it, thank
you for being here. I appreciate everybody.
Before we even begin this meeting, we have a little surprise. We
have two birthday boys in our audience. David Wilkison, stand up.
Happy Birthday. David is the head of our Growth Management
Division and our Transportation Division all rolled into one.
We have another one. Where's Mark Isackson who doesn't like to
smile? Mark? Mark? Where is Mark?
MR. OCHS: He's hiding out in the hallway, ma'am.
CHAIRMAN FIALA: He knew it was coming, right?
MR. OCHS: Yes.
CHAIRMAN FIALA: Well, I just wanted to say -- there -- no,
that isn't him. I just wanted to say Happy Birthday to our boys. We
appreciate all that you do for all of our county, and you're wonderful.
MR. OCHS: Thank you.
CHAIRMAN FIALA: Thank you.
And with that, I'll call the meeting to order. And let's move on
right away to our prayer. Who is our -- Dr. Bob Scudler (sic).
MR. OCHS: Scudieri.
CHAIRMAN FIALA: Sony I massacred your name. Would
everyone please stand with me.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE — REVEREND
DR. BOB SCUDIERI FROM THE PEASE LUTHERAN CHURCH —
INVOCATION GIVEN
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June 28, 2016
REVEREND SCUDIERI: Proverbs 1.5 says a wise person will
listen and add to their wisdom. Those with understanding look for
guidance for their decisions. Let us pray.
Lord God, we're gathered to do the business of government. As
we begin, we first remember those who have served the people long
and well: Jacqueline Lockerby, Vickie Wilson, Joseph Corbo. Bless
them as they continue to serve.
We also rejoice and recognize the accomplishments with Michael
Wynn and Lextech Automotive and Mackensie Alexander. Continue
to guide and bless them.
You continue to open doors of opportunity and growth. For this
we thank you, and we pray today for wisdom and for understanding for
our Commissioners as they consider landscaping issues and as well as
the potential for a professional baseball spring training center in our
county. We pray for those gifted with the responsibility to lead the
Atlanta Braves baseball team, that they will discern where their
organization can bring blessings to the most people in their new
location and where they might best serve their fans, their players, and
their organization, whether that's in Charlotte County or elsewhere.
Only wise God, we humbly ask for wisdom and understanding for
these, our commissioners, not for our sakes alone or for theirs, but for
your sake.
In your name we pray. Amen.
CHAIRMAN FIALA: And then would you put your hands over
your hearts and say with me...
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you. Now we'll move right on to
Leo, our County Manager.
Item #2A
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June 28, 2016
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA) - MOTION TO CONTINUE ITEM #9B
AND #9C TO THE JULY 12, 2016 MEETING — APPROVED;
COMMISSIONER HENNING REQUESTED TO REMOVE ITEMS
#10A AND #10B BUT NO SECOND WAS OBTAINED;
SPEAKER — DR. JOSEPH DOYLE REGARDING ITEM #16F3 —
COUNTY MANAGER CONTINUED THE ITEM TO THE JULY
MEETING; APPROVED AND/OR ADOPTED W/CHANGES.
MR. OCHS: Good morning, Madam Chair and Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners meeting of June 28, 2016.
The first proposed change is to move Item 16D23 from your
consent agenda to become Item 11E under the regular agenda. This is
a recommendation to approve the U.S. Department of Housing and
Urban Development five-year consolidated plan. That move is made
at Commissioner Fiala's request.
The next proposed change is to deny Item 16J2 until such time as
the Clerk certifies the payables presented in the report have been
pre-audited as previously specified by the Board, and that has to do
with, again, the payables report. That's a staff request.
We have one agenda note this morning, Commissioners, in regard
to Item 16F3, which is a resolution that fixes the date, time, and place
for the public hearing for approving the special assessments to be
levied in the Pelican Bay Municipal Service Taxing and Benefit Unit.
The underlying phrase is added for clarity. This is part of the amended
ordinance, and that has to do with management of the dredging and
maintenance activities for Clam Pass.
We have two time-certain items on your agenda today,
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June 28, 2016
Commissioners. The first is Item 11C to be heard at 9:20 a.m.; that is
an item dealing with a recommendation to restart the landscape
beautification master plan. And Item 11A is to be heard at 9:50 a.m.;
that's the report on the sports market and needs assessment, and that
would be followed immediately by Item 11B, which is the proposal
from the Atlanta Braves with regard to a potential spring training
operation.
We have court reporter breaks normally scheduled for 10:30 and
2:50, if necessary. Also, Item 7, which is public comment on general
topics not on the current or future agenda, will be heard no sooner than
1 p.m. or at the conclusion of the agenda, whichever occurs first.
Also, with regard to Item 9, your advertised public hearings,
they're to be heard no sooner than 1:30 p.m. or at the conclusion of the
agenda, whichever occurs first.
And those are all the changes that I have this morning, Madam
Chair.
CHAIRMAN FIALA: Thank you.
And, County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN FIALA: Okay. Thank you very much.
And we'll start with the commissioners to see if there's changes or
corrections on the agenda.
And, Commissioner Hiller, we're going to start with you today.
COMMISSIONER HILLER: Thank you. With respect to ex
parte, would you like me to disclose that now or wait till this
afternoon?
CHAIRMAN FIALA: It is, what --
COMMISSIONER HILLER: On the -- on 9A.
MR. OCHS: This afternoon.
CHAIRMAN FIALA: During the subject.
COMMISSIONER HILLER: Just wait till then, okay.
Page 5
June 28, 2016
So I have no disclosures on the consent agenda, and I'd like to
propose one change. We have the parks plan coming before us, and
what I'd like to ask -- I've been speaking to a number of constituents,
and there hasn't been adequate public vetting with respect to some
proposals for the North Naples Regional Park on Livingston.
And I would like to ask, rather than bring that forward today, to
take that segment of the study and allow staff to coordinate a public
information meeting for the community. I'd like Wilshire Lakes to be
fully informed since they're adjacent to that project.
And then after you receive the public input, to bring that before
the Board. I don't think we should, you know, make any decisions
because they haven't been fully informed.
And the other thing is, they've been working on a path to gain
access from their community into Livingston. That project shouldn't
be halted or somehow impeded given that it was already, you know,
part of the original plans going way back.
MR. OCHS: Yes, ma'am. Understood. If the Board is so
inclined to agree with that, I would just further recommend that
perhaps we hold the public information meeting out there in
conjunction with a Parks and Recreation Advisory Board meeting --
COMMISSIONER HILLER: Oh, yes. Absolutely.
MR. OCHS: -- so your advisory board can then make some
further recommendations to you on that if that's the will of the Board.
COMMISSIONER HENNING: I'll make that motion.
COMMISSIONER HILLER: Thank you. And we have Phil
Brougham here. Does -- Phil --
MR. BROUGHAM: That's fine.
COMMISSIONER HILLER: Yeah. So Phil is a member of the
advisory board.
MR. OCHS: But just for clarification's sake, because that is still
an element of presentation at 9:50, the consultant will still go through
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June 28, 2016
that, but we have the understanding that that will be deferred for due
diligence until after the meeting that Commissioner Hiller just
described.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: Very good.
MR. OCHS: Okay. Thank you.
CHAIRMAN FIALA: Commissioner Henning.
COMMISSIONER HENNING: Good morning. I have some
changes. If you don't mind, I'd like to go one by one.
9B and C is Land Development Code amendments. The hyberlink
(sic) that's provided through an iPad or other sources just doesn't work.
I asked for the book to be delivered on the proposed amendments. I
haven't had time to review that, and I know the public hasn't had time
to see that, these proposed amendments. So I'd make a motion that we
continue Item A -- 9B and C.
CHAIRMAN FIALA: 9B and C. Does anybody else -- will
anybody second that motion to just --
COMMISSIONER NANCE: If Commissioner Henning has a
problem that he hasn't had time to review it, I will support that unless,
you know -- I'm just -- as a courtesy to him --
CHAIRMAN FIALA: Yes.
COMMISSIONER NANCE: -- if he's requesting that.
CHAIRMAN FIALA: Yes.
COMMISSIONER NANCE: Unless somebody's got some
reason why that shouldn't occur.
MR. OCHS: Commissioners, this is the first of two readings, so
that means that the second reading won't come back till --
COMMISSIONER NANCE: Till September.
MR. OCHS: -- September.
COMMISSIONER TAYLOR: And what does that put -- where
does that put us with the process of--
Page 7
June 28, 2016
MR. CASALANGUIDA: Well, you've got the mobile home item
or a couple other items that I think people were waiting for --
COMMISSIONER TAYLOR: Oh, that's right.
MR. CASALANGUIDA: -- to begin the process of renovating
them. That would just be deferred for the period of summer. It
wouldn't become effective till then, Commissioners.
CHAIRMAN FIALA: Yeah. Well, there's another major one on
there, too. I'm trying to remember it right now.
MR. OCHS: Well, there's an issue with regard to community
markets --
CHAIRMAN FIALA: Oh, yeah. That's it.
MR. OCHS: -- on private property.
CHAIRMAN FIALA: Okay. But if Commissioner Henning
hasn't had an opportunity to see it -- I take -- I always take the written
form home, so I was able to see it, but I don't think anybody else takes
the written form home anyway, so I think that's --
COMMISSIONER HENNING: How did you get that?
CHAIRMAN FIALA: Huh?
COMMISSIONER HENNING: How'd you get the written form?
CHAIRMAN FIALA: I always get it.
COMMISSIONER TAYLOR: They print it out for you.
COMMISSIONER HENNING: They didn't print it out for me. I
never got a booklet.
CHAIRMAN FIALA: Oh, really?
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Oh. Well, see, you know what, I always
take this home, so maybe they're pretty used to me. I don't think they
really meant to overlook you. So I would say then that we'll just delay
that until the following meeting or -- can we do it in July?
MR. OCHS: You can do your first hearing in July, certainly.
COMMISSIONER TAYLOR: Is there a specific time frame
Page 8
June 28, 2016
between one hearing and the other?
MR. OCHS: Not to my knowledge, no, ma'am. I don't believe
there is.
COMMISSIONER TAYLOR: So we could, in theory, have it at
the next meeting and then maybe have a special meeting within a day
after that or something? Could we do that specifically for the LDC
issues?
MR. CASALANGUIDA: We have to advertise it.
MR. KLATZKOW: It depends. It depends. If you're going to
have substantive changes to it --
COMMISSIONER TAYLOR: Yeah.
MR. KLATZKOW: -- staff needs the time to put that together,
and the public needs the time to look at it. If you had no changes to it
then, perhaps, you could do that.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: Okay. Very good. Thank you,
Commissioner Henning, for bringing that to our attention.
COMMISSIONER HENNING: We've got to vote on that.
COMMISSIONER HILLER: Can we vote on all the changes at
the same time?
COMMISSIONER NANCE: Okay. Go ahead.
CHAIRMAN FIALA: Okay. We could just do that at the end to
vote on that to take 9B and C and put it on the next agenda, right, or
should we do that right now?
MR. CASALANGUIDA: It's on your next agenda, ma'am. It's
just -- it would be a motion to continue this one to the next agenda, and
then the following one will be continued to September.
CHAIRMAN FIALA: Okay. And we've got a nod and a second.
So do you -- okay. Well, we'll just vote on it right now.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
Page 9
June 28, 2016
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
COMMISSIONER HILLER: Should we vote on the first one?
Because we didn't vote on the first change for the public information
meeting for the regional park.
CHAIRMAN FIALA: I was going to do that at the end --
COMMISSIONER HILLER: That's fine.
CHAIRMAN FIALA: -- but if you would like to do that --
COMMISSIONER HILLER: No. Let's just wait till the end. I
just wanted to make sure we do it.
CHAIRMAN FIALA: Okay. We'll do that.
Commissioner Taylor?
COMMISSIONER HENNING: Yeah. The next item I have --
CHAIRMAN FIALA: Oh, more.
COMMISSIONER HENNING: Yes.
CHAIRMAN FIALA: I'm sorry.
COMMISSIONER HENNING: Item IOB, Commissioner
Hiller's item, there's no action on this item. Quite frankly, we already
gave direction. This is the issue of Liberty Concrete and the
garnishment action.
I don't see why we keep on hashing out this quarrel that we're
having with the Clerk, and there's no resolutions. There's no proposed
resolution. So I'm going to make a motion that we remove Item 10B
from the agenda.
CHAIRMAN FIALA: Do I hear a second?
(No response.)
Page 10
June 28, 2016
CHAIRMAN FIALA: Okay. I have no seconder.
Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you. And one of the
reasons this is important is I wanted to make the Board aware that the
Board of County Commissioners and the County has Sovereign
Immunity as to the garnishment with the exception of employee, our
employee garnishments, and I don't think the Board was aware of that,
so I do think it's important that the Board is informed and that the
community is informed --
CHAIRMAN FIALA: It's still on the agenda.
COMMISSIONER HILLER: -- that garnishment isn't an issue.
COMMISSIONER TAYLOR: We can discuss it.
CHAIRMAN FIALA: We don't want to hash it over now.
COMMISSIONER HILLER: Of course, of course.
CHAIRMAN FIALA: Okay. Anything else, Commissioner
Henning?
COMMISSIONER HENNING: Yeah. Item 10A, again, is
Commissioner Hiller's item against the Clerk of Court. Obviously, this
is campaign rhetoric continued on. There's no resolution. She's not
making any recommendations at all. There's statutes against using
government sources for campaign, so I'm going to make a motion to
remove 10A.
COMMISSIONER HILLER: May I?
CHAIRMAN FIALA: And I do not have a second, so we will
leave it there. And you're all finished speaking. Your button is on.
Okay. Anything else, Commissioner Henning?
COMMISSIONER HENNING: Yeah. I have no ex parte
communication on today's consent or summary judgment.
CHAIRMAN FIALA: Very good. And we'll move down to
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. No ex parte.
Page 11
June 28, 2016
And on Item -- I'd just like to make a comment on one item on the
consent agenda, which is 16D26, which is an award of SHIP funds. I
would -- I would respectfully request that the staff bring back a policy
by which we can monitor and enforce issues of awarding of
government funds. We don't have a policy in place, and I think it's
important.
CHAIRMAN FIALA: I was going to bring that up. That's why I
pulled it off because I --
COMMISSIONER TAYLOR: Oh, you pulled it?
CHAIRMAN FIALA: Yeah, it's 16B26.
COMMISSIONER TAYLOR: D -- I thought it was D26.
MR. OCHS: It is.
CHAIRMAN FIALA: D26, yes.
COMMISSIONER NANCE: This is D26. That's D23.
COMMISSIONER TAYLOR: Okay. D26.
COMMISSIONER NANCE: You're on D26.
CHAIRMAN FIALA: Oh, okay.
COMMISSIONER TAYLOR: Okay. And, basically, there is --
the state awarded funds, and we have some concerns at this end,
although nothing is hard in fact, but we don't have any ground to stand
on to say, no, we don't do it.
CHAIRMAN FIALA: That's right.
COMMISSIONER TAYLOR: So I just would like to see if we
can't bring back a simple policy.
CHAIRMAN FIALA: Do you want to pull that off and put it on
the regular agenda?
COMMISSIONER TAYLOR: No. I think what I'd like to do --
because this has to go forward, but at our next meeting have that policy
in place, going forward, that we have the safeguards that we need to
protect the taxpayers' money.
CHAIRMAN FIALA: Okay, then. I think that's an excellent
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June 28, 2016
idea. That's actually what I was going to be discussing on the one I
pulled.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: And maybe some of the Commissioners
who -- there are four of us who have some of these issues right in their
own community --
COMMISSIONER TAYLOR: Right.
CHAIRMAN FIALA: -- and we don't even have a say in it.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN FIALA: Well, I'm not going to get into that now.
We'll discuss it when I pull it.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: Okay. Very good.
COMMISSIONER TAYLOR: But those are my comments, and
if staff can do this, thank you, at our next meeting.
CHAIRMAN FIALA: Thank you very much.
Commissioner Nance?
COMMISSIONER NANCE: Yes, Madam Chair. I have no
further changes to the agenda, and I have no ex parte on today's
consent or summary agendas.
CHAIRMAN FIALA: Very good. And that's the same with me,
nothing to declare at all. And before we move on to approve these, we
have a speaker.
MR. MILLER: Yes, Madam Chair. We have a speaker on a
consent-agenda item, 16F3, Dr. Joseph Doyle. Dr. Doyle was ceded
additional time from Sandra Doyle, who I know is here. Thank you.
DR. DOYLE: Good morning, Commissioners, Dr. Joseph Doyle
on behalf of my mother, Sandra Doyle, who is the property owner in
Laurel Oaks in Pelican Bay to which this agenda item of the resolution
pertains to.
Yesterday we had a flurry of emails regarding some corrections
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June 28, 2016
that we wanted to make, and I would like to thank Mr. Ochs and
Commissioner Hiller's staff as well as Attorney Klatzkow for making
those changes.
But the reason why I'm here today is to add to what happened
yesterday. We had to go through this flurry because every year we
have to adopt a resolution regarding the hearing for the special
assessment for Pelican Bay. It's not in our ordinance.
And there are a couple of issues surrounding that. As you know,
the hearing is set for September 8th. And most entities in this county
get two hearings, September 8th and then September 22nd, two weeks
later. Pelican Bay is only getting one hearing, September 8th. So the
resolution, even though we corrected some of the language that we had
problems with, is still incomplete because it does not offer Pelican Bay
that second hearing.
And we've been through this before, and I have transcripts from
two other hearings. I have from September 4, 2014, at that tax hearing,
Commissioner Hiller said that in the future we probably want to have
the opportunity to hear these issues twice,just like we do everything
else. And direction was given to make that happen.
In fact, at that hearing there was a continuance to the second
hearing in September for Pelican Bay, just as all the other entities.
Then in January of 2015 I came here -- January 27, 2015 -- I have the
transcript here. I came here to give the commissioners an update. And
one of the things that came out again is the fact that we were looking at
amending the ordinance so that Pelican Bay,just like all the other
MSTBUs, has two hearings, and I didn't see any traction at that time.
And here we are now, June 2016, and the ordinance has not been
amended. We still have to do these resolutions every year. So we
need to have that amended.
And, in fact, Commissioner Hiller, on Page 97 of the transcript of
January 27, 2015, gave direction so -- and she asked the administrator
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June 28, 2016
to work with the County Manager to address all the issues that had
been brought forward, and the first being that the -- and I quote, that
the Pelican Bay Services Division, all MSTUs and all MSTBUs should
be treated the same way during the budget-approval process.
And I'm not sure why we have -- and I don't know what the
history is as to why there is -- it only comes up one time. But really it
should -- but it really should -- I think the message here, there needs to
be uniformity.
So I'm asking for this budget -- for this item here, that number
one, we give two hearings to Pelican Bay for this year in the resolution
and then going forward we fix this once and for all and put it into the
ordinance that we have two hearings every year.
You know, Pelican Bay, as you know, is 10 percent of the
community tax base and contributes 10 percent of your ad valorem
taxes. And so that's $26 million in 2015, $28 million in 2015 -- or
2016, and then next year you're asking 30 million. We can't get this
fixed. We need to have this fixed.
So I don't know if you want to take this off the consent agenda to
discuss this or if you can amend the resolution that's proposed here to
give us a second hearing for this year.
CHAIRMAN FIALA: Do you want to hear from Leo first?
COMMISSIONER HILLER: Yeah. Go ahead, Leo.
MR. OCHS: Ma'am, you just had your budget workshop.
Pelican Bay Services Division presented their budget, was here to
answer any questions that the Board had.
This is simply a statutory requirement to advertise a hearing date
to set the special assessment for the district. I'll let Mr. Isackson fill in
any more details.
MR. ISACKSON: Good morning, Commissioners, I do smile
occasionally.
CHAIRMAN FIALA: Happy Birthday, Mark.
Page 15
June 28, 2016
MR. OCHS: She said, Happy Birthday, Mark.
MR. ISACKSON: Thank you. Thank you very much.
Let's not confuse the Pelican Bay process with the TRIM process
which requires two separate public hearings, one -- and they both
occur in September. This year will be the 8th and the 22nd. This has
nothing to do with the TRIM process, none whatsoever.
CHAIRMAN FIALA: Thank you. I didn't realize that. Thank
you. Okay.
DR. DOYLE: If I could, Commissioners, the reason why this has
nothing to do with the TRIM process is because years ago, about 20
years ago, we went from an ad valorem assessment to a special non-ad
valorem assessment. So we were taken out of the TRIM, but no one
gave us the opportunity for two hearings.
And I don't care whether TRIM or non-TRIM, the public should
have the opportunity for two hearings.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: I really don't see why it would be
so difficult to bring this forward twice if there is a need. You know, it
may very well be that it's brought forward, and after the first hearing
no one comes forward to the second hearing and has any comment, but
it does make sense to just treat everyone the same way even if it's not
on the TRIM.
I mean, is it a big deal to do it? I mean, I don't even think we
need an ordinance. I think if we --
MR. KLATZKOW: Commissioner --
COMMISSIONER HILLER: I'm sorry --just by way of vote
here make the decision that's how it should be, I think it can be done.
MR. KLATZKOW: We're here because the ordinance requires it.
Having said that, if you're looking for fairness, you have a lot of
MSTUs. This is the only one we treat like this.
COMMISSIONER HILLER: The only one that has one hearing
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June 28, 2016
or the only one that gets --
MR. KLATZKOW: The only one that gets this hearing.
CHAIRMAN FIALA: Nobody else even gets --
MR. KLATZKOW: Nobody else even gets one. So Pelican Bay
has been given special treatment, and I understand the reasons why.
But if you want to talk about issues of fairness, Mark, how many
MSTUs do we have?
MR. ISACKSON: Oh, in the range of about 20.
COMMISSIONER HILLER: All right. I did not understand that
DR. DOYLE: Excuse me. That's inaccurate. The other MSTUs
get to go to both tax hearings. They're lumped in all together --
COMMISSIONER HILLER: That's part of the TRIM.
DR. DOYLE: -- when you look at the rollback rates and the
millage that you're going to adopt. But they get to go to two hearings,
all 20 of them.
MR. ISACKSON: And that's because they levy property taxes
and they're part of the TRIM process. It's simple.
COMMISSIONER HILLER: But in fairness, what Dr. Doyle is
saying is correct. I understand that -- and, you know, it makes it sound
confusing, but it is clear that those MSTUs are part of the TRIM. And
it is also clear that this one isn't, but that doesn't mean they shouldn't be
treated the same way as the other MSTUs. And I understand that the
MSTUs are not making specific presentation because they don't have
the same management structure that the Pelican Bay MSTU has.
I just -- I'm not really sure that there is any reason to object to
this. I mean, giving the public the opportunity to be heard is not a
negative thing, and, you know, to the extent that, like I said, no one
comes to the second meeting because the first meeting addresses
everything, at least the opportunity is made available to them.
CHAIRMAN FIALA: Has anybody else in Pelican Bay ever
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June 28, 2016
asked for this?
COMMISSIONER HILLER: Not that I'm aware of, but just
because they haven't doesn't mean that if they knew they could have
that opportunity that they wouldn't avail themselves of it. I'm just not
sure that it's a reason for us to have a dispute. I think it's a very simple
matter and one that I think could readily be accommodated, and maybe
we'd just do it at this particular budget hearing session and then for
next year do something more formal in the fall that memorializes it by
way of vote.
CHAIRMAN FIALA: I don't think we can make a decision this
morning.
COMMISSIONER HILLER: No, we can't.
CHAIRMAN FIALA: This is not on the agenda --
COMMISSIONER HILLER: No, not at all.
CHAIRMAN FIALA: -- or anything.
COMMISSIONER HILLER: It isn't.
CHAIRMAN FIALA: So let's ask our County Manager to
discuss with our finance director and --
COMMISSIONER HILLER: Absolutely.
CHAIRMAN FIALA: -- discuss with Pelican Bay if this is
something they feel that they want and then come back to us for an
answer. Would that be okay with everyone?
COMMISSIONER HILLER: Is that --
CHAIRMAN FIALA: Okay. Very good.
DR. DOYLE: Except for this resolution that you're going to look
at on the consent agenda only has one hearing right now. So you have
to take it off and fix it or fix it as we speak right here.
CHAIRMAN FIALA: But it isn't on the agenda. We can't --
DR. DOYLE: Yes, it is. You have a consent-agenda item here
for this hearing, and it's only going to allow one hearing. So are we
going to take it off and discuss it as business on the regular -- as, you
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June 28, 2016
know, like another 9-something item, or are we going to change it right
here to add in September 22nd into this resolution that you're
adopting? You're going to adopt it on the consent right now.
COMMISSIONER HILLER: What's the pleasure of the Board?
MR. OCHS: Commissioners, I'd recommend we just continue
this to your July meeting, give us some time to discuss this with your
Pelican Bay Services Division Board.
COMMISSIONER HILLER: So continue the entire item?
MR. OCHS: Yes.
COMMISSIONER HILLER: Yeah.
MR. OCHS: You have time. You can still do this at the next
meeting.
COMMISSIONER HILLER: So take no action is what you
would propose at this time?
MR. OCHS: No. Continue the item.
COMMISSIONER HILLER: Right, right, right. But I'm saying
continue it, but don't vote on this item here today and --
MR. OCHS: That's correct.
COMMISSIONER HILLER: -- go ahead and move it to the next
meeting.
MR. OCHS: Move it to your July meeting.
COMMISSIONER HILLER: Let's do that. That's acceptable.
DR. DOYLE: Thank you very much.
COMMISSIONER HILLER: Is that all right with you,
Commissioner Fiala?
CHAIRMAN FIALA: It is.
Now let's get back to -- so we have -- everybody has heard the
changes and suggestions. This isn't a change right now. So may I hear
a motion?
COMMISSIONER NANCE: Motion to approve today's agenda
as amended.
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June 28, 2016
CHAIRMAN FIALA: Very good. And a second, please.
COMMISSIONER HILLER: I'll second it.
CHAIRMAN FIALA: Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. Do you want to state why?
COMMISSIONER HENNING: No.
CHAIRMAN FIALA: Okay. Very good. Okay, then.
Page 20
Proposed Agenda Changes
Board of County Commissioners Meeting
June 28,2016
Move Item 16D23 to Item 11E: Recommendation to approve the Collier County U.S.Department of
Housing and Urban Development(HUD)5-Year Consolidated Plan for FY 2016-2020 to include a revised
Citizen Participation Plan,the Needs Assessment,the FY2016-2017 One-Year HUD Annual Action Plan for
Community Development Block Grant(CDBG),HOME Investment Partnerships and Emergency Solutions
Grant Programs,including the re-programming of funds from previous years for CDBG and HOME and
estimated CDBG program income; approve the Resolution,HUD Certifications,and SF 424 Application for
Federal Assistance,and authorize transmittal to the HUD. (Commissioner Fiala's request)
Deny Item 16J2 until such time as the Clerk certifies that the payables presented in this report have been pre-
audited as previously specified by the Board: To provide the Board a"Payables Report" for the period
ending June 22,2016 pursuant to the Board's request. (Staff's request)
Item 16F3: The proposed Resolution is modified as follows:
A RESOLUTION FIXING THE DATE,TIME AND PLACE FOR THE PUBLIC HEARING FOR
APPROVING THE SPECIAL ASSESSMENT(NON-AD VALOREM ASSESSMENT)TO BE LEVIED
AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND
BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM,
BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS,AND MAINTENANCE
OF CONSERVATION OR PRESERVE AREAS,MANAGEMENT OF THE DREDGING AND
MAINTENANCE ACTIVITIES FOR CLAM PASS FOR THE PURPOSE OF ENHANCING THE HEALTH
OF THE AFFECTED MANGROVE FOREST,AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS
FOR AMBIENT NOISE MANAGEMENT,THE MAINTENANCE OF CONSERVATION OR PRESERVE
AREAS,INCLUDING THE RESTORATION OF THE MANGROVE FOREST PRESERVE AND TO
FINANCE THE LANDSCAPING BEAUTIFICATION OF ONLY THAT PORTION OF U.S.41 FROM
PINE RIDGE ROAD TO VANDERBILT BEACH ROAD,BERMS,STREET SIGNAGE REPLACEMENTS
WIDITN THE MEDIAN AREAS,LANDSCAPING IMPROVEMENTS TO U.S.41 ENTRANCES AND
BEACH RENOURISHMENT, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING
AND BENEFIT UNIT.
Time Certain Items:
Item 11C to be heard at 9:20 a.m.
Item 11A to be heard at 9:50 a.m.,followed by Item 11B
V15/2016 11.18 AM
June 28, 2016
Item #3A
SERVICE AWARDS — EMPLOYEE — 25 YEAR ATTENDEE
MR. OCHS: Madam Chair, that takes us to service awards, if the
Board would join us in the front of the dais.
Commissioners, we have one employee celebrating 25 years of
service with government this morning. Jacqueline Lockerby from
EMS. Jacqueline, please step forward.
(Applause.)
CHAIRMAN FIALA: I feel like I'm standing next to trees.
(Applause.)
Item #3B
SERVICE AWARDS — EMPLOYEE — 30 YEAR ATTENDEE
MR. OCHS: Celebrating 30 years of service with county
government from your parks and recreation division, Vickie Wilson.
Vickie.
(Applause.)
CHAIRMAN FIALA: Thank you for all your service.
(Applause.)
Item #3C
SERVICE AWARDS — EMPLOYEE — 35 YEAR ATTENDEE
MR. OCHS: The final recipient this morning, celebrating 35
years of service with county government, Joseph Corbo from road
maintenance. Joseph?
Page 21
June 28, 2016 I
(Applause.)
MR. CASALANGUIDA: Congratulations, Joe.
MR. CORBO: Thank you.
(Applause.)
MR. OCHS: That concludes our service awards this morning.
Thank you, Commissioners.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION HONORING MICHAEL WYNN, HIS
CONTRIBUTIONS TO THE COMMUNITY AND HIS RECENT
APPOINTMENT TO THE BOARD OF DIRECTORS OF THE
FEDERAL RESERVE BANK OF ATLANTA'S MIAMI BRANCH.
ACCEPTED BY MICHAEL WYNN — ADOPTED
MR. OCHS: Madam Chairman, that takes us to proclamations.
Item 4A is a proclamation honoring Michael Wynn for his
contributions to the community and his recent appointment to the
Board of Directors of the Federal Reserve Bank of Atlanta's Miami
Branch. To be accepted by Mr. Michael Wynn. Michael?
(Applause.)
CHAIRMAN FIALA: We can never thank you enough for all the
things you do for your community. Thank you.
COMMISSIONER NANCE: Whoa, whoa, whoa.
MR. OCHS: Picture.
CHAIRMAN FIALA: Can't leave us, Mike.
Page 22
June 28, 2016
(Applause.)
COMMISSIONER TAYLOR: Just a short note on the Wynn
family, and I've learned this through my years in Naples.
Long, long time ago when Naples was truly a fishing village and
work was only in the season, it was the Wynn family that opened the
grocery store, and it was the Wynn family that extended credit to those
fishermen and those work folks who didn't have a job in the summer.
So your roots are so deep in this community, and you've touched
so many lives, and congratulations on that promotion.
(Applause.)
Item #4B
PROCLAMATION RECOGNIZING AND CONGRATULATING
LEXTECH AUTOMOTIVE, INC. ON RECEIVING THE WRAP
AWARD FOR ITS CONTINUED EFFORTS TO PROMOTE
WASTE REDUCTION, REUSE AND RECYCLING AND FOR
SUSTAINING THE USABLE LIFE OF THE COLLIER COUNTY
LANDFILL. ACCEPTED BY MR. STEVE STOVER— ADOPTED
MR. OCHS: Item 4B is a proclamation recognizing and
congratulating Lextech Automotive, Incorporated, on receiving the
WRAP award for its continued efforts to promote waste reduction,
reuse, and recycling and for sustaining the usable life of the Collier
County Landfill. To be accepted this morning by Mr. Steve Stover, the
Owner. Steve.
(Applause.)
CHAIRMAN FIALA: You want me to get in here?
(Applause.)
MR. STOVER: I just wanted to say real quick thank you very
much. It's a great honor to receive the award, and I apologize that my
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June 28, 2016
co-owner, Jim Kunkle, is not here today. He had back surgery. He had
a nerve -- tumor removed from the nerve in his back, but we appreciate
it very much.
The Solid Waste Department and Janet Go, she stressed the
importance of recycling when we came into Collier County 11 years
ago. And it's amazing, once you get in the habit of recycling now we
have more recycle than we have actually garbage pickup. So thank
you very much.
CHAIRMAN FIALA: What do we have -- what is the
percentage, something like 72 or something like that, percentage of
recycling?
MR. STOVER: Almost that, yeah. It's amazing. Just incredible.
Thank you.
(Applause.)
Item #4C
PROCLAMATION DECLARING TUESDAY, JUNE 28, 2016, AS
MACKENSIE ALEXANDER DAY IN COLLIER COUNTY, IN
RECOGNITION OF HIS DEDICATION TO HIS FAMILY,
FOOTBALL AND THE COMMUNITY. ACCEPTED BY
MACKENSIE ALEXANDER. MACKENSIE WILL ALSO BE
PRESENTED WITH THE "AGAINST ALL ODDS" AWARD —
ADOPTED
MR. OCHS: Item 4C is a proclamation declaring Tuesday, June
28, 2016, as Mackensie Alexander Day in Collier County in
recognition of his dedication to his family, football, and the
community. I understand that Commissioner Taylor will be reading
the proclamation this morning, and the award, then, will be accepted
by Mackensie Alexander, who will also be presented with the Against
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June 28, 2016
All Odds award.
Commissioner Taylor?
COMMISSIONER TAYLOR: Thank you very much. Now, I
have -- I have two proclamations. One will be in Creole and one will
be in English, but I'll be reading the English, of course, but I just want
you to know.
Whereas, on behalf of the residents of Collier County, the Board
of County Commissioners, they would like to recognize Mackensie
Alexander for his athletic prowess, dedication to his family, and
service to our community;
Whereas, in 1980, Mackensie's parents, Jean and Marie
Alexander, left Haiti for a better life, moving to Immokalee and
picking oranges and tomatoes in the fields while earning on an average
of$50 a day; and,
Whereas, at age 10, Mackensie and his twin brother, Mackenro,
joined them in the fields; and,
Whereas, Mackensie knew that hard work would be his way out
of the fields, he began working hard on the football field, standing out
on the Immokalee High School football field as a defensive back and
becoming one of nation's (sic) top recruits following his performance
at the U.S. Army National Combine in January 2012; and,
Whereas, Mackensie chose to attend Clemson University in South
Carolina where his speed and talent and work ethic went noticed by his
coaches, fellow players, and opponents; and,
Whereas, in his last 23 games at Clemson, he didn't allow a single
touchdown; and,
Whereas, his entire desire to help his family led him to declare for
the NFL draft early saying he was "fighting for them, too"; and,
Whereas, Mackensie's hard work paid off, and he was chosen as
the 54th pick in the NFL draft and will play this fall as a member of the
Minnesota Vikings; and,
Page 25
June 28, 2016
Whereas, Mackensie enjoys giving back to his community and
recently, along with Adidas, donated $10,000 worth of athletic
equipment to the Boys & Girls Club of Collier County; and,
Whereas, the Board of County Commissioners would like to
officially recognize Mackensie for his dedication to his family,
football, and the community.
Congratulations.
(Applause.)
UNIDENTIFIED SPEAKER: Just like a football, come on.
MR. ALEXANDER: I'll hold it like a loaf of bread then.
(Applause.)
MR. ALEXANDER: I'm just lost for words right now, and I'm so
grateful. And I have God in my life.
And I thank the Commissioners and the county for looking at me
as an outlet -- a positive outlet for the county. And I've worked
extremely hard to be in the situation to take care of my parents and just
be a positive outlet to the kids in not just Immokalee but Collier
County.
And I grew up not having much, so I understand when kids need
help in their situation. So, you know, giving back, to me, is something
that I thrive to do.
And my parents are real old-school, so, you know, they really
instilled that in me. I'm thankful and I'm grateful and I'm so blessed to
come out here and get this award from you guys, and I'm just thankful.
And I have all my supporters back there, and I thank every last of
you for showing up today. Just thankful. I'm grateful. Thank you.
COMMISSIONER HENNING: Move to approve the
proclamations --
COMMISSIONER NANCE: Second.
COMMISSIONER HENNING: -- on this agenda.
CHAIRMAN FIALA: All in favor, signify by saying aye.
Page 26
June 28, 2016
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much. And we will be
moving on then.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Oh, look at that. We're right on time.
Item #11C
LANDSCAPE BEAUTIFICATION MASTER PLAN RANKING
FOR INSTALLATION; AND AUTHORIZE A BUDGET
AMENDMENT TO FUND THE INITIAL FY17 DESIGN —
MOTION TO ACCEPT STAFF'S RECOMMENDATIONS WITH
MODIFICATIONS TO THE AMENDMENT WITH EAST OF
RADIO ROAD PORTION AND BRING BACK DESIGN IDEAS
THAT INCORPORATE BEST MANAGEMENT PRACTICES FOR
FURTHER DISCUSSION AND PRESENT IT TO THE BOARD IN
SEPTEMBER OR OCTOBER — APPROVED
MR. OCHS: We move on to Item 11C, which is your 9:20
time-certain hearing item this morning. It is a recommendation to
approve the Landscape Beautification Master Plan Ranking for
installation and authorize a budget amendment to fund the initial
FY2017 design. Mr. David Wilkison will present.
COMMISSIONER HENNING: What is this we're getting on the
dais here?
Page 27
June 28, 2016
CHAIRMAN FIALA: I don't know.
COMMISSIONER HENNING: Is this part of the consideration?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER NANCE: It's -- no, sir. It is a hard copy of a
one-way communication that I sent to you yesterday.
COMMISSIONER HENNING: So it's not a part of today's
agenda?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER NANCE: Well, it's related to my remarks.
COMMISSIONER HENNING: Thank you.
MR. WILKISON: In the interest of time, I'll go ahead and get
started.
Good morning, Commissioners. For the record, David Wilkison,
your Growth Management Department head, and thank you for the
very kind birthday wishes; appreciate it.
I could tell you there was no better gift for me for my birthday
than to see Mackensie Alexander get recognized. That's awesome.
(Applause.)
MR. WILKISON: I lived in Immokalee from 1960 to 1967, so I
really have a soft place in my heart for Immokalee, and it's just great to
see young men like him doing wonderful things for the community.
So a few weeks ago in our budget hearings I gave you a heads-up
that I was going to come before you today to talk to you about a
landscape beautification master plan and also to talk to you about some
advanced funding for the Fiscal Year '17 projects that will be part of
this.master plan.
Now, we prepared this master plan really based on direction that
we had received in our workshop that occurred last fall. We had a
complete streets and landscape -- or median landscaping workshop,
and we prepared that based on that.
Now, today, really, I'm before you to ask really specifically for
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June 28, 2016
two things: Number one, first, a landscape -- approval of a landscape
beautification master plan that specifies the ranking of the projects, and
it just came up on the screen -- it specifies the ranking of all the
projects for about a total of 51 miles of roadway.
And as you can see, the map is prepared in a manner that they're
color-coded per year. And the first one that you will see that is really
the first project we're going to undertake is a grant-funded project on
951 that is south of 41 really in the Fiddler's Creek area, and that's a
project where we received a grant from the FDOT to do that project.
Then in Fiscal Year '17 we're going to be undertaking three
projects. Number one, Immokalee Road from 951 to about Wilson
Boulevard. We had originally talked about going around the Randall
curve. We decided to pull that just a little bit to the west because, you
know, there's so much going on with the Randall curve right now. It's
being studied by the DOT for future improvements, and there's a
tremendous amount going on there with the Publix being developed,
and, really, everything from there up to Oil Well Road is under a lot of
different development at this time. So we pulled it back a little short.
Now, the second project in Fiscal Year '17 would be 951, and you
can see it. It's the blue on the map; the southern part from U.S. 41
north up to just south of the Walmart there on 951.
And then the third part is Santa Barbara Boulevard, and that
would go from Rattlesnake Hammock Road -- or excuse me -- from
Davis Boulevard north to about where the overpass over 75 is.
And companion to this item, which is also in your packet, is a
spreadsheet that really kind of lays out the cost; the installation, the
design, and the maintenance cost for the landscaping over this
five-year period.
And projects are really ranked based on when they were
completed. And, you know, the three projects that we have in Fiscal
Year '17 were all completed, I believe, back around 2008 and 2009. So
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June 28, 2016
we have about 51 miles of roadways that were widened that remain
unlandscaped.
So the second thing I wanted to ask you for today is the advanced
funding for those three projects that I just discussed with you. What
we would like to do is to get a jump this summer on the design for
these projects so the design can be vetted. We were going to have
public meetings; we're going to meet with stakeholders. And so we
can do a nice job of designing this summer, probably early fall, public
meetings will probably be in the early fall, and then begin construction
next year.
So those are the two things that I'm before you today asking for
approval.
Now, I've got several members of my team here with me today.
We've got Pam Lulich, Travis Gossard, John Vortherms, and David
Morgan. All of them are very involved in our landscape program.
And I will tell you that it's very challenging, really, to balance all
the views concerning landscaping. As you well know, we've had a
nice healthy discussion at the workshop last fall. We had a healthy
discussion last -- a few weeks ago at our budget workshop.
So I can tell you this, that we will work hard to improve our best
management practices, and we will vet these projects, and we will
work with our stakeholders and the public to really put together a
landscape program that you can support.
So we're all here to answer any questions you may have, and I do
appreciate this opportunity to speak to you.
Thank you.
MR. OCHS: Madam Chair, if I might, just one other
consideration. There's a segment of the program that -- specifically,
it's the Radio Road --
CHAIRMAN FIALA: Just what I was going to ask you to talk
about.
Page 30
June 28, 2016
MR. OCHS: -- Median Beautification Project East of Santa
Barbara.
A few years ago the residents in that area formed an MSTU, taxed
themselves, took out a bank loan, actually, to fund the capital
construction of that median, and then the ongoing maintenance through
their annual millage.
If the Board approves this master plan, it would be the staffs
recommendation that we incorporate that segment into this master plan
to complete the full stretch of Radio Road. Most of it west of Santa
Barbara is already in your program, and that would entail an early
payoff of the outstanding loan, and then the assumption of the
maintenance similar to what we are doing for the rest of the program,
if that's acceptable to the Board and Commissioner Henning, in
particular, who had championed that whole project years ago.
CHAIRMAN FIALA: What about the second portion of Radio
Road, or is that both of them? I mean, one is paying -- they're both --
they both have an MSTU. One has this loan; the other one does not,
right?
MR. OCHS: Yes, ma'am. The part west of Santa Barbara taxes
themself for multiple special services. The maintenance of the
landscaping is already part of your Fund 111 Unincorporated Area
General Fund, so that would not change.
CHAIRMAN FIALA: Okay. Okay, very good. Thank you so
much. Those were answering some of my questions. I also wanted to
speak on the record, but I'll let my fellow Commissioners speak first.
We have a nice audience here who would also like to speak. Do we
have -- we have speakers, right?
MR. OCHS: Yes, ma'am.
MR. MILLER: Yes, ma'am. I have at this point 18 registered
speakers.
CHAIRMAN FIALA: Okay. And I would -- I would suggest
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June 28, 2016
that if you can be brief and be brilliant, that would be wonderful. If
somebody gives -- says the same thing that you want to say, you can
just stand up and say I agree, and then that will save a little bit of time,
too, if that would be acceptable to you, and I'm sure it will be.
And so let's start calling on our speakers now.
MR. MILLER: Yes, ma'am. I will call two speakers. If we can
use both podiums to expedite the process. Your first speaker is Barry
Denkensohn. He will be followed by Phil Brougham.
MR. DENKENSOHN: Good morning, Commissioners. Thank
you very much for allowing me to speak. I'm an attorney by practice,
and so three minutes is going to be pretty difficult, but I'll do my best.
I'm also a member of the Board of Directors of Verona Walk and
have been for three years.
I first want to thank our commissioner, Donna Fiala, who has
been an advocate for landscaping and beautification over the years, and
her persistent determination with that effort is something that I admire
tremendously, and so I want to thank you, something that I like to be
considered as well.
Since I have a short amount of time, I'm just going to -- I want to
start by focusing on what I think I wanted to conclude with so I get that
in.
While I live in Verona Walk, and the beautification project with
the landscaping refers to these three specific streets, I have a good
pulse on my community, being a board member for over three years.
We have over -- between 3- and 4,000 homeowners, and I know pretty
much what they're thinking.
Donna has been to our community. We had a town meeting, and
this issue came up, and she got a really loud round of applause.
And what I wanted to say is, if this issue related to other streets in
Collier County, whether it be Davis or Airport-Pulling, I'd still be in
favor of it, and the reason is, because we're all not only residents of our
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June 28, 2016
community and our local district where I live in East Naples, we're
residents of Broward -- excuse me -- of Collier County, and that's
really important, because none of us live in a cocoon, okay. We all get
out, and we shop, and we go to restaurants all over Collier County.
And so this project not only reflects on Collier Boulevard, Santa
Barbara, and Immokalee, Radio, et cetera, it reflects on the entire
county, and I really think that's something that I ask each and every
one of you to consider. It's just not our specific area.
A couple of other quick things. I read the summary, and I know
you know all the benefits that are indicated in that summary. One
thing that didn't get recognized or indicated in the summary is
something that Donna has suggested with regard to a benefit of
beautification in landscaping and that is traffic, okay. We have
problems in terms of speeding. We have problems in terms of
occasional road rage. So I think those are additional benefits.
And so let me just conclude by saying that I implore this board to
approve this landscaping because it will be a benefit not only to these
particular streets and communities that are located there, but to the
entire county.
Thank you very much.
CHAIRMAN FIALA: Thank you very much.
MR. MILLER: Your next speaker is Phil Brougham. He will be
followed by Rick O'Connor.
MR. BROUGHAM: Good morning. My name is Phil
Brougham, and surprise, surprise, I'm going to talk to you about asset
management this morning, except the asset I'm referring to is our
landscaping.
And it ranks right up there, in my opinion, of the tremendous
assets that this county has with beaches and our parks and then our
landscaping.
And I understand that landscaping can be very subjective;
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June 28, 2016
everyone has a view on it, whether they like pretty little flowers or they
like cactus or they like something else. And I think it's important that
we realize not only that there's going to be different views as far as
what should be planted, I think with the recommendation to hold the
public hearings, then you're going to have a lot of specific input from, I
think, well-qualified landscaping people. Different decisions might be
more appropriate for different streets and different roadways and
different areas.
I think we have an opportunity now to restart this program which
was justifiably suspended during the tough times. But landscaping
takes money, and it takes money to plant it, and it certainly takes
money to maintain it, just like any other asset we have.
Commissioner Nance made a super point at the budget workshop
a couple weeks ago regarding the ongoing maintenance, and I think
that has to be fully considered in these workshops and in the plans that
are going to be brought forward to you. There's not just one point of
view to consider. There's many points of view.
Is it going to cost money? Yes, it's going to cost money, but I
think that money is really a good investment back into our landscaping
assets. I'll lobby continually to reinvest in our assets.
And I think this is also recommending a pretty reliable and steady
source of revenue dedicated to this project, which is different than
we've had with a lot of other of our programs in the past. And I think
that's -- that's good progress towards a good end.
So with that, I'll stop. Let's retake our medians. Thank you very
much.
MR. MILLER: Your next speaker is Rick O'Connor. He'll be
followed by Bill Connors.
MR. O'CONNOR: Good morning. Thank you for the
opportunity to speak this morning.
I'm not going to speak about the differences of the medians or
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June 28, 2016
where we should have them or what neighborhoods we should have
them in. It's not important. I think one of the things that -- I'll speak in
terms of operations of safety.
I think one of the things that I notice in my own personal driving
when I'm driving down, I'll use Collier Boulevard as an example, four
lanes on either side, straightaways. It's like a racetrack, and people
think about it like that. It's just -- put down the hammer, and off they
go.
You'll drive down the neighborhoods that have well-defined
medians in them, landscaped, calming. It gives the impression of a
more residential area. They do drive slower.
And I also think it's a safety concern, is that when you're driving
at some of the higher speeds that we have on some of our boulevards --
and you need that, people getting to and from work and evacuation
routes, those types of things. Those are important to have. But head-on
collisions are a real issue, blowouts, other accidents sending people
across medians.
Many times I've seen cars up in the middle of medians that kept --
a landscape median that's kept a vehicle from moving on into
oncoming traffic. And oncoming -- a head-on collision between cars is
just one of the most deadly of all.
So I think there's a safety concern there that should be considered
as well as part of the overall process of thinking whether we should
reinstitute medians or not.
Thank you for your time.
CHAIRMAN FIALA: Thank you for mentioning that, because
the state says the same thing; that's why they encourage landscaping.
Thank you.
MR. MILLER: Your next speaker is Bill Connors. He'll be
followed by Ron Sachatello.
MR. CONNORS: Good morning, Commissioners. My name is
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June 28, 2016
Bill Connors. I'm a resident of Forest Glenn and a member of the
Master Board Association.
I bought my first property here in 1986, and I still had to work for
a while, so I finally became a full-time resident 10 years ago.
The reason we bought here in the first place is the same reason we
bought in the second place, and that is because Naples is so beautiful.
We're building up East Naples. We live in East Naples. We'd
like East Naples to look like the rest of the community that's so
beautiful. Please reinstate the program for the benefit of us on Collier
Boulevard.
Thank you very much.
MR. MILLER: Your next speaker is Ron Sachatello. He'll be
followed by Joseph Doyle.
MR. SACHATELLO: Yes. Thank you for the opportunity to
speak.
In the paper recently there was an article to say that the
landscaping was not sustainable from a budgetary standpoint. My
point would be if we don't landscape and continue to do this, that
Naples might not be sustainable.
The last three months we've had decreases in tourism here. That's
for many reasons; however, the biggest reason that that could happen
is people have many places and many things to spend their money on.
Atlantic City at one time thought they were sustainable forever.
They went down the tubes. Coney Island, the same. Detroit thought
they were sustainable. And the reason they weren't sustainable is
people weren't buying their products.
Our product is beauty. That's all we sell. There's nothing wrong
with selling beauty. The biggest aisle of CVS or any department store
is the aisle that sells beauty products.
Everyone in this room has looked at a mirror before they came
here and never lost an opportunity to look in the mirror when they
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June 28, 2016
passed one.
We have one opportunity to maintain what we have here. We
have headwinds here. We have Lake Okeechobee that is not doing
favors to this part of Florida. All sports magazines right now are
telling people not to even fish here.
So the point is, we have a jewel. We have to protect that jewel.
They say that a cynic is a person who knows the cost of everything but
the value of nothing. So I say, if we don't sustain our spending and
increase our spending, we're not going to really sustain what this
paradise is.
Stephen Covey had in his book, seven habits of successful people,
he distinguished between a manager and a leader. He said, managers
do things right. The leaders do the right things. You're all leaders.
Please do the right thing.
Thank you.
MR. MILLER: Your next speaker is Dr. Joseph Doyle. He'll be
followed by David Linnen? Ling? Dr. Doyle.
DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle,
Naples.
I also agree that, you know, Collier County is beautiful because of
the landscaping. That's why people like to come here.
I'd like to point out, again, inconsistency in equity. Pelican Bay
MSTBU maintains the median on U.S. 41 from Vanderbilt Beach
Road down to Pine Ridge, and that was set up in 2002. As you recall,
we put the median in with the landscaping and everything.
Well, here it is now 2016. I think if we're going to be consistent,
a lot of people enjoy that median coming up and down 41 all year
round.
I think that the county, that that median should be part of this and
not maintained solely by the residents of Pelican Bay, that it should be
incorporated into this master plan.
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June 28, 2016
Thank you.
MR. MILLER: Your next speaker is David --
MR. LING: Ling.
MR. MILLER: Ling. Thank you, sir. He'll be followed by
Marlene Sherman.
MR. LING: Good morning, Commissioners.
I would applaud you in Collier County for probably maintaining
the most beautiful city I have ever been in.
Several years ago my wife and I moved from California, Southern
California, to live in this community. And one of the things that
shocked us when we came into this community was the beautiful
streets, wide, well-landscaped. And it's just -- it's just a tribute to
everything that we have here.
And I would encourage you, as the Collier County -- you've got it
up high on your priority list, but as the Collier Boulevard continues to
grow and grow quickly, it will be one of the major thoroughfares. And
I would think we would want it to be as beautiful as our others.
Thank you very much.
MR. MILLER: Your next speaker is Marlene Sherman. She'll be
followed by Gary Tincu.
MS. SHERMAN: Good morning, Commissioners. My name is
Marlene Sherman, and I support the recommendation to approve the
landscaping beautification master plan and authorize the amendment of
the budget for FY 17 design.
And I, too, have -- I've lived in Collier County for 20 years. My
parents lived in Cape Coral, retired to Cape Coral. And I traveled up
and down U.S. 41 numerous times, and I could always tell when I
entered Collier County. I didn't have to look at the sign that says
Collier, because there was just a peace and calmness that would come
over me from the beautification of landscaping.
But I also want to make another point, because I -- we were -- my
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June 28, 2016
parents lived in Cape Coral, and I was familiar with coming down to
that area, we rented in a country club community and -- for two years,
and -- Kelly Greens, and found a -- it was a U.S. Home development,
and we had found a home that we particular -- model that we
particularly liked and were set to purchase that when someone
recommended to us -- they said, well, you have a sister community,
U.S. Homes did at that time, in Collier County, called Countryside.
And they said, you ought to go see it. So we did.
We came down here, saw the same model home, and we thought,
oh, isn't this beautiful, and we decided the looks of Collier County was
more appealing than Cape -- Fort Myers at that time, Kelly Greens.
So we decided to purchase. And to our surprise, when we went to
settlement, we found that the real estate taxes in Lee County were
two-thirds higher than Collier County, which was really a surprise.
Everybody assumes because you live in Collier County your taxes are
exorbitant. Not true. Ours are much lower than Lee County, and I
wanted to make that point.
And I strongly support the effort to continue the beautification. I
think that you've done a -- the commissioners and the planners have
done a wonderful job, and I hope you continue to do so.
Thank you.
MR. MILLER: Your next speaker is Gary Tincu. He'll be
followed by Robert Brill.
MR. TINCU: Thank you for hearing us this morning.
I'd like to say that -- it's already been mentioned, the safety issues
on (sic) Collier County, but another thing to think about is when
people come to visit Collier County and Naples, one of the entrances to
the county is Exit 101 off I-75, and what's the first thing that you see?
You see barren medians there.
If you look at the difference between Collier Boulevard and
Rattlesnake Hammock, which has been landscaped, the differences are
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June 28, 2016
simply amazing.
We need this for two reasons: It enhances the quality of life in
Collier County, and it also enhances the safety in Collier County.
I had the opportunity a week ago to meet two -- a couple who
were visiting here from Stockholm, Sweden, and my wife and I had
just been in Stockholm about four days earlier, so it was quite
coincidental.
I talked about the beauty in Stockholm and the architecture there,
and I asked them why they came to Naples so often, and they said it's
-- for two reasons. One is the friendliness of the people here and the
absolute beauty that we provide.
I submit to you that enhancing the median on Collier and
elsewhere will do nothing more than to further that experience for
people, and it is in our best interest.
Thank you.
MR. MILLER: Your next speaker is Robert Brill. He'll be
followed by Susan Orschell.
MR. BRILL: My name's Robert Brill. I live in Lely Villas II.
I've been a full-time resident of Collier County for 30 years, and I'm
just here today to be 100 percent behind and support the beautification
project that we're going to vote on today.
Thank you.
MR. MILLER: Your next speaker is Susan Orschell. She'll be
followed by Joe Adams.
MS. ORSCHELL: Good morning, ladies and gentlemen.
I just want to say that I support the earlier comments of the
speakers in support of the median landscape program. Thank you. I'm
a little hampered here.
MR. MILLER: Your next speaker is Joe Adams. He'll be
followed by Bill Kearney.
MR. ADAMS: Good morning, everyone. My name is Joe
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June 28, 2016
Adams. I've been coming to Collier County for about 25 years; moved
here 18 years ago. I've been told that a couple more years I get my
official cracker hat and T-shirt and all that.
So I've -- I do love living here. I've had the opportunity to go to --
move to a lot of places.
But I just want to tell you something that happened about 15
years ago. I was trying to figure out what it was about Collier County
that was different, and what -- I was driving down, I don't know which
road, but I looked around me, and I realized there was no litter. And I
thought about it. And I said, you know, the reason there's no litter is
because it's too beautiful to throw anything out your car window. And,
subconsciously, I think that has an effect on all of us, you know, not to
despoil something that is beautiful.
As far as landscaping is concerned, of course I would like to see
that continue; however, I think before we do anything on Radio Road
to the east of Santa Barbara, we need to come back right around
Livingston there on Radio and pull out all the dead bushes and trees
that are there.
I'm starting to see a lot of that around the county. I don't know if
there's somebody tasked -- who's tasked with a job of monitoring,
driving around the county looking at landscaping, but it's pretty easy to
notice plants that are in distress at an early stage before it gets to the
point where they need to be replaced.
And there's -- from Airport Road going east, there's about a half
mile, three-quarters of a mile beautiful Bougainvillea, and then there's
three or four blocks of dead Bougainvillea, so there's obviously an
irrigation problem going on there, so I'd like to see that addressed.
The other thing is I would like to see applied to our plan is some
imagination. And sometimes when I'm driving down a road that's
landscaped, I feel like I'm in a nursery aisle. And here we have
Bougainvillea, and here we have crown of thorns. It's just not a lot of
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thought put into it. And I know that there's a lot of beautiful designs
that are available to peruse for us.
That goes with our architecture as well. You know, if I see one
more cream-colored building with a red tile roof on it, I don't know
what I'm going to do. But, yeah, that I'd like to see addressed, too, but
that's another meeting altogether.
So I would like to support the undertaking and continue with what
has made this county, as other people have said, one of the most
beautiful places in the world to visit, and I agreed with the last speaker
who said when he got off at 101, I feel like I'm in Miami, and I get off
any other exit off 75, and I feel like I'm back in Naples.
Thank you.
MR. MILLER: The next speaker is Bill Kearney. He'll be
followed by Patricia Young.
MR. KEARNEY: Thank you. Thank you, Commissioners. I'm
going to curtail my comments because we were so pleased to hear Mr.
Ochs' recommendation that the proposal include some kind of fairness
and sympathy for those of us that live east of Santa Barbara. And if
that becomes a part of the proposal, we are 110 percent behind it.
We're not against beautification. It's needed. But if that's included, we
will be so happy, and we'll support you.
Thank you very much.
MR. MILLER: Your next speaker is Patricia Young. She'll be
followed by Patricia Dillon.
MS. YOUNG: Thank you for having this hearing today. And I
am here to support everything that's been said already, so I'm not going
to repeat it.
But there's one little piece I think that may be left out of the map,
and I may have overlooked it. But there's a section on Thomasson
right at 41 that leads to the Botanical Gardens and, of all places, there's
nothing in the median.
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June 28, 2016
There are two ways to get into the Botanical Gardens, and one
way is landscaped and the other is not. So I would put in a request to
advocate for that little section of the road. I think it's pretty important.
There's a lot of public that passes through there.
But, again, thank you for considering this because we want to
keep Naples as beautiful as it is. Thank you.
CHAIRMAN FIALA: Let me just jump in while you're walking
back. And that section -- that won't be part of this program, but the
CRA has already adopted it. They've put a plan together, and they've
got the money. They're going to start landscaping Thomasson.
They've just been working through a roundabout issue, and so you'll
see that taking place, but that won't be part of this program. It's part of
the MSTU for CRA.
Thank you.
MR. MILLER: Your next speaker is Patricia Dillon. She'll be
followed by Jeff Randall.
MS. DILLON: Hi. I'm Patricia Dillon. I've been a resident of
Verona Walk for 11 years. During that time, I've seen a lot of different
changes on 41.
Beautification of our Naples highways has many benefits. My
important one is it reduces the noise. It slows the traffic, which is
important, and it gives residents pride and displays Naples as a
beautiful place to live and visit.
Trees on the east side of Collier Boulevard between Verona Walk
and Henderson Creek were removed to allow room for the new
pedestrian walkway. At the time of tree removal, the residents of
Verona Walk were led to believe that the trees would be replaced, thus
restoring the traffic noise -- or reducing the traffic noise. To date they
have not been replaced. The trees are sparse, and the noise has
increased.
When the road was expanded from two lanes to three lanes on
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June 28, 2016
each side, the traffic noise increased once again. The connected, raised
medium (sic) -- the constructed mediums were put in with plans of
planting. It looks as though the sprinklers were installed, but that was
it.
I patiently waited for the landscaping, and it never started.
I understand the landscaping was put on hold; there were budget
restraints. After the hearing last year, the median plantings were
approved, not only for Collier Boulevard but several other roads that
were built around the same time.
The plan includes that soil would be amended to allow for better
growing conditions. The current soil contains a lot of sand.
The plantings would be native vegetation to reduce the ongoing
cost of maintenance of the plantings and, also, the soil would be
graded to allow rainwater to water the plants rather than roll off the
raised bed.
Now, I would be interested to know why we are here today. I
thought we already discussed this issue.
Next, the speed limit on Collier Boulevard has increased from 45
to 50. Drivers get off I-75 going 70 miles-an-hour-plus and proceed
south of Collier Boulevard. At the Walmart at Davis and the Collier --
and at Collier, it's a straight open road for about eight miles. There's
no traffic calming in place. Plantings at the medium have shown to
slow traffic, reduce traffic noise, and create a great place to live and
work.
This much-needed and desired beautification product would
reduce the noise, it would slow the traffic by reducing the sight lines,
and give residents pride again. Naples is a beautiful place to live. We
need to have splendor with the grass, trees, and plants. We currently
don't. We only have the weeds.
Thank you.
MR. MILLER: Your next speaker is Jeff Randall. He'll be
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June 28, 2016
followed by Carol Molyn.
MR. RANDALL: Good morning, Commissioners. My name is
Jeffrey Randall. I live in Pelican Marsh, which is adjacent to
Airport-Pulling Road.
Let me first state that I have no issue with the landscape plan. I
think it's terrific for all of Collier, and it will be wonderful for the folks
in Pelican Marsh and Tiburon once the landscaping is in. But I have
an issue with regard to the timing for the Airport-Pulling Road
landscaping.
There's going to be reconstruction by the county in 2017, we have
been advised, at or about Livingston and Airport going down to
Pelican Marsh Elementary School. The landscaping is not scheduled
to go in until 2020. It would seem to me, and I hope to you, more
sense to move up the 2020 landscape plan for the
Airport/Vanderbilt/Pelican Marsh Elementary School to do it at the
same time you're going to be doing the reconstruction of
Airport-Pulling and Vanderbilt in that area.
Thank you.
MR. MILLER: Your next speaker is Carol Molyn. She'll be
followed by Lydia Galton.
MS. MOLYN: Yes. I'm Carol Molyn, and I live in Sapphire
Lakes on Radio Road.
I just want to let everyone know that I'm -- this is my first year to
become a permanent resident year round. I've been going back and
forth for 11 years.
I moved into Sapphire Lakes because of its landscaping. And we
had no trouble with our communities along Radio Road voting to have
a millage tax so we could have our Radio Road developed before
2017.
And it was just music to my ears to hear Mr. Ochs say that, yes,
we have been paying our millage tax and our maintenance, but it's
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June 28, 2016
going to be reconsidered with the recommendation so that we're not
paying double.
And I also want to thank the passion that some of our board
members have for landscaping. And, Mr. Nance and Mrs. Fiala, I
think you do a fabulous job, as does all of the board members, and I
want to thank you for recommending all of these things. Thank you.
MR. MILLER: Commissioners, your final speaker for Item 11C
is Lydia Galton.
MS. GALTON: Good morning. I just wanted to affirm what
everybody has already said, let's keep Naples and Collier County as
beautiful as they are and spread out the median planting throughout the
county. It's horrible when you drive out Immokalee Road and it just
sort of ends. It's sad. It's beautiful the way it is, and we should keep it
beautiful.
Thank you very much.
CHAIRMAN FIALA: I really want to congratulate everybody
for coming right to the point, not taking longer than they needed. We
moved ahead quickly. Thank you, everybody.
Okay. Now we go on to Commissioner Henning.
COMMISSIONER HENNING: Leo, when will the east of Radio
be -- MSTU be disbanded?
MR. OCHS: Sir, we could do that as soon as the coming Fiscal
Year 2017.
COMMISSIONER HENNING: Yeah. I know everybody has
received a lot of emails about that. The residents are very proud of the
accomplishments in the median over there, and then having -- and,
because of the contractor and the lack of maintenance, had to redo it,
all the cost of their taxes that they choose to tax themself extra.
So I think it's a fair way to implement or restart the landscaping
program; however, the landscaping design advanced funding, I quite
agree with Commissioner Nance; it's an embarrassment when we have
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a slight wind or a windy occasion and go down and see, like, a silver
buttonwood turned over that's been there for years. It's obviously not
appropriate.
CHAIRMAN FIALA: The what? I couldn't hear you.
COMMISSIONER HENNING: Silver buttonwood. The silver
buttonwood is actually a native plant, but obviously it's not appropriate
in the medians.
There is a cost factor to consider on the plant material that goes in
our medians, along with the maintenance.
And I know that everybody wants lush. Well, I shouldn't say
everybody, but people want lush but, however, that comes with a true
cost. And you've to -- you've got to consider the balancing of your tax
dollars and try to provide the best bang for your buck.
And things like Floratam or the inappropriate plantings in the
medians is not substainable (sic). You're going to -- you're going to
keep on having to replant and replant. And, quite frankly, I'm
embarrassed, again, when I see a tree or a bush that has fallen over
because it's either the wrong plant or it hasn't been trimmed properly so
winds don't pick it up and turn it over.
So I'm very concerned about the landscaping advancement and
the process. I think -- in my opinion, what I would like to see is, this is
-- this is what we're going to put in our medians, and this is how we're
going to maintain them.
CHAIRMAN FIALA: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
I'm very supportive of landscaping our medians. Not only does it
add beauty to the community, but there is a direct economic impact. It
increases the value of property which, in turn, results in more county
taxes so that we, in turn, can reinvest in the community, and it's also
very important for economic development.
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June 28, 2016
It obviously is a draw for tourism. It's a draw for companies to
come to Collier County, establish themselves in a beautiful
environment where they know that their workers will enjoy living. So
there are so many reasons in addition to the ones mentioned by the
public why the landscaping plan should be supported.
I do want to speak specifically to what the gentleman addressed
with respect to Airport-Pulling, and I think that not only the -- if you
go back to the map, the Airport-Pulling corridor and Vanderbilt, as
well as Vanderbilt between 41 and Airport-Pulling in that stretch are
very important segments to landscape for economic development
reasons.
The segment between 41 and Airport-Pulling is heavily trafficked
by businesses and tourists alike because it's right beside Mercato, and
it's right between the two Ritz's, the Tiburon Ritz and the Beach Ritz.
So you've got a lot of economic considerations going along that
road. And I think if we could move the timetable forward on those
projects, it would be worthwhile. I've received a lot of comments from
the tourism industry, from Pelican Marsh residents, and from others
with respect to that corridor. And I didn't know if even in the interim
there could be some sort of limited landscaping, like, for example,
cabbage palm and seagrasses, something very native that could be put
along that median, because right now it's just absolutely barren and,
again, along a major corridor.
So I support this plan with the one modification as to the timing
with respect to Airport-Pulling and Vanderbilt.
CHAIRMAN FIALA: Okay. And, Commissioner Nance.
COMMISSIONER NANCE: Yes. I hope everybody will
indulge me for a few minutes. I'm going to go on kind of an extended
comment.
I appreciate the comments that everybody made, and I certainly
support this plan; I do. I think it's time to begin landscaping of Collier
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June 28, 2016
County again. I believe that all of the value that has been attributed to
landscaping that Commissioner Fiala has stated over and over again
and that the residents have and their appreciation for it is all true. It,
indeed, is true.
I want to share a couple things with you that you probably don't
know. I originally came to Collier County in 1980 to go to work for
the development company that built the Vineyards community. The
Vineyards community at the time I was hired was flat farm fields
pretty much devoid of trees.
And I was hired -- I was in graduate school at the University of
Florida in ornamental horticulture; imagine that. And I was hired to
help them conceive a plan to reforest that area and turn it into the
community that you see today and, ultimately, I was hired to put that
plan into action.
And I'm very proud of that, because some of those huge oak trees
that you'll see if you go through the Vineyards I actually planted from
acorns. So that kind of balances with the gray that's now in my beard.
What I want to say is I certainly support the prioritization
program. I support the funding of the monies, and I support going
forward with this program, but what I want to impress upon you at this
time is that part that I -- I also support Commissioner Henning's
initiative to roll some of these MSTUs back into the program.
And, Commissioner Henning, I think that's absolutely completely
appropriate. Those people put their money out when we couldn't
during the recession.
But this program stopped in 2007. What I want to talk to you
about now for a few minutes is I support the program but what I want
to impress upon you is it is very important how we do this. It is more
important than ever before the way that we do this. We cannot
continue to do some of the things we've done in the past; not that
they're all bad and not that it's anybody's fault, but there are reasons for
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it, and it's called 20 million people in the state of Florida.
When I was a little boy, there was less than a million. Now
there's 20 million people here. Thank you for all coming down. Thank
you for enjoying it. Thank you for loving it as much as I do, but what I
want to do is I want to make sure that we don't love Florida to death
and we don't, by benign neglect, kill the thing that we love the most.
So I would like to ask Mr. Ochs to put the first sheet of this little
handout up on the visualizer. I've supplied to the commissioners two
lists of suggestions that I made over two landscape workshops that we
had; one in 2013 and one most recently in October of 2015, the year
just past, regarding my observations on medians and suggestions as to
how we could make things better.
And my concerns were that we had some horticultural practices
that weren't working out very well. We were planting things
improperly. We were planting them in the wrong place. We had them
-- we just didn't have some very good horticultural practices. And I've
made these big punch lists and, basically, they were suggestions as to
how we could make our program better in the future anticipating this
day. I was anticipating that we were going to go back to work, and I
wanted to get us updated a little bit.
What I want to talk to you a little -- let me go on just a few more
minutes.
Back when there was only 40,000 people in Naples, it didn't
really matter much what you did. You could plant things anywhere.
You could fertilize them. You could grow them any way you wanted.
It didn't much matter. And, frankly, we started developing some pretty
bad habits. We did things like landscaping down to the water's edge.
We started using fertilizers, a lot of them because, you know, it's hard
to make Florida green in the winter. People don't realize that Florida is
supposed to be brown in the winter like most of the rest of North
America. But when people come to a golf course for a golf date in
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December, they expect that grass to be green. And so how do we
make it green? We make it green with a lot of input, so a lot of water,
fertilizer, pesticides, of things that we introduce in the environment to
achieve the look that we want.
With 20 million people in Florida, we can no longer just do this
without using all the technology at our disposal. We can still have
things that are beautiful. We can still grow exotic plants. We don't
just have to grow natives. We can -- we can do better by using
technology and planning our landscape program and our design and
our installation and our maintenance so that we have less inputs of
water, fertilizer, pesticides, and that's going to convert to less money.
Please realize that we're going to dedicate a lot of money. What
you see in this description right here is a little description of what I
anticipate our dedication to this program is going to be in the next 20
years. It's almost $150 million, 91 percent of which is landscape
maintenance. Only 9 percent is the cost of installation.
So that should lead you to immediately understand that it's very,
very important. What we do -- if we don't install things properly, the
cost is in taking care of it, not in installing it. Installation, if you do it
well, you do it properly, and you use the recommendations of the
University of Florida, the South Florida Water Management District
that all gives us guidelines, we can do better.
And I hope that we will, and I know that you support this,
because if you just simply look north at the Caloosahatchee basin and
the waters that have come down into the lake from Orlando that's
producing this brown water, this can be us if we don't do the right
thing.
Our -- Collier County is its own basin. So we can't look at the
north and blame anybody else. If Naples Bay turns green one day
because we haven't used best-management practices, it's going to be on
us, and it's going to be over a long, long period of time. This is one of
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those things where you get into trouble slowly and incrementally, and
you get out of trouble slowly. So what I'm suggesting to you is some
thoughtful changes going forward.
Please take a look at these numbers. If you would like this sheet,
I would like to share it to you.
Relative to Commissioner Henning's comments -- let me drop
back one second.
Let me finish my remarks, then we can take a break.
At the end of our 2016 October 6th workshop, and where I made
some of these comments -- and the commissioners are getting them
again -- the minutes reflect this: The Board directed staff-- this board
directed staff to do this: Develop a median planting program which
establishes a base level of landscaping for medians with options for
enhancement in high-profile areas. Very good; the program to be
developed in accordance with the recommendations posed by
Commissioner Nance. Well, I'm not the only one that proposed
recommendations, but I thank them for putting my name in there. I did
write a lot of stuff up for them, and I did make a lot of comments, so I
appreciate that.
And then it went on to bring forth a proposal to re-establish the
millage rate which is basically going back to a tax increase to have a
dedicated funding. Everybody supported that. We did that.
And then develop a plan to address landscaping the medians of
certain roads. Well, that's all good. But guess what? We didn't get a
median planting program which establishes the base level of
landscaping. I've never seen it. And we also didn't get a program
addressing all the comments that I made up. We didn't get it.
What this agenda item calls for is jumping forward again to
landscape design, to hire somebody to go design something. Well,
wait a minute. Respectfully, we haven't even talked about some of
these things that I think are very, very important going forward. Do
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we really want to spend another $150 million in the next 20 years
without thoughtful consideration of this?
I know that you don't -- you-all don't think that. We've got 78
percent of our county in conservation and public ownership. We can't
-- we shouldn't -- none of us should want to do things that are less than
the very best technology.
Collier County deserves the best technology. We deserve to be
leaders in our field of landscaping responsibility. And I'm sorry to tell
you we are not.
The community of Pelican Bay, they're way ahead of us. The
new development, Isles of Collier Reserve, those developers are way
ahead of us. They're using sustainable things; they're building beautiful
communities, but they're doing it with better technology.
Please understand that spending a lot of money does not
guarantee you're going to have beautiful landscape.
There's rough spots in our landscape all over the place, and we're
spending $45,000 a year per mile to maintain it, and it should look
better than it does. The reason it doesn't is we've got some problems
that we need to address.
The other thing, you can throw a lot of money at it, and that
doesn't make it environmentally responsible either. You have to -- you
have to do that.
So on my first sheet -- and please put that back up, Mr. Ochs --
what I'm recommending -- I can't support -- I can support the plan. I
think it's a great plan going forward. I can support the prioritization.
And I will let the other commissioners who have a lot more in the
game on that to work through that, but I cannot support at this time
jumping immediately to design before we do some thoughtful review
of our system.
At the bottom of this page I'm recommending that we just do a
systematic review of our current program, identify the things that we
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think we do well, things that we don't do so well, set some goals for
appearance, how much money we want to spend, water management,
environmental impact, which I think we really don't have as part of our
landscape program, and then go through and update our practices, our
horticultural practices, our design practices, and our installation
practices.
So we are state of the art. We deserve it. We deserve to have the
most beautiful community, but let's not do it in the wrong way and pay
a horrible, horrible price like our neighbors to the north have. They
have created a nightmare.
There's very few problems in Florida that can't be defined by 20
million people living here. It's developed very, very fast. You-all have
been part of it. You know that. I'm not blaming you. I'm not saying
anybody's bad. I'm just saying people make problems.
So it is our responsibility. I would like to move forward with this
program, but I would also like to see our landscape staff come back
with some thoughtful improvements as they've promised us they were
going to do. I gave them a lot of outlines to work on. I'm sure you've
got some things you'd like to see worked on. I think it's very, very
premature to jump to design.
CHAIRMAN FIALA: Okay. I have so many comments, and I
know Commissioner Taylor has, and I don't want the audience to
leave, but we've got to take a break now.
COMMISSIONER TAYLOR: And we have a ten to 10
time-certain also.
CHAIRMAN FIALA: I know that. I'm sorry. I just -- I couldn't
move it -- our people moved it fast. We're the ones that are kind of
taking the time. But I hope you'll just stay for a few more minutes.
COMMISSIONER TAYLOR: My comments are very short.
Are we taking a break or --
CHAIRMAN FIALA: I was going to, but you can make your
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comments, go ahead, if they're short.
COMMISSIONER TAYLOR: You know, just -- I'm encouraged
we're looking at all the medians, all the MSTUs that have spent --
folks, taxpayers are spending money when, as so eloquently put, we
couldn't. I'm very encouraged that we're doing that. Berkshire Lakes
is one of the areas on Radio Road.
I'm looking at a bigger picture. And this is your tax dollars, and
clearly 18 people in this room want to do this, that's true, but, you
know, we have a lot of hard decisions to make going forward. We've
got stormwater issues and how we're going to fund it. This is your tax
dollars.
And so I'm really reserved on this right now not because I didn't
hear you, not because I don't think it's important. Oh, my goodness.
I'm a flora and fauna lady from way back. I could get some education
from Commissioner Nance on this.
But in the bigger picture of what is facing Collier County and
what we're looking at -- we've got a stormwater consultant coming
back talking about, perhaps, levying a fee. That's your tax dollars
again.
So I need to listen very carefully. I'm fully supportive of a
systematic approach to this not going and just planting because it looks
green and it's lovely, and I'm not -- I disagree with that.
Collier County, the reef project has been such an important
project for Collier County because it's about sustainability. It's about --
Collier County has created something that is nowhere in Florida. By
taking cement out of landfill and putting it off the Gulf so that folks
can fish and dive -- and it's working.
We're about sustainability, and this is the 21st century, and we
need to bring ideals to our decision making. And so that's all I'm going
to say for now.
CHAIRMAN FIALA: Okay. Then I'll finish by saying, I'm sorry
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that we're talking so long, and I know there's some other people
waiting, but as you all know, I'm all about landscaping. And if you --
one of the people mentioned about how it's looking now versus how it
used to look. And you can see it plainly. If anybody wants to drive
down Davis Boulevard, if you start at U.S. 41, drive down Davis
Boulevard to County Barn, you can see the new stuff between Davis
Boulevard and Airport Road, and it looks awful. And that's a lot of
mulch, and it's a lot of dead things. I don't know why they're planting
it that way. But then we have the old style from Airport Road to
County Barn, and it's lush and beautiful.
Now, one of the things nobody's ever mentioned, but I'll tell you
our water department has mentioned it. We don't ever use potable
water on our median landscaping. We only use irrigation-quality
water. And one of the main things and the importance of that is if we
don't use that irrigation-quality water on our medians, if they can't use
it up -- and our administrator for that department will nod with me. If
they don't use it up, they have to put it down a deep-injection well
never to be gotten back again. And so then we've just wasted all of that
water.
So that is something that we do in our planning is to use that
irrigation-quality water on these medians. And I just wanted to stress
that.
To me, there's a way you can get to both, but what we're doing
now in all of the new landscaping, no grass, just mulch, and just these
-- you know, you have like the junipers, who are all dying, and you
have the crown of thorns which look disgusting. And, you know, the
farms use plenty of water, and they use freshwater, and we never see
anything from that. They don't pay for it, and they don't pay any taxes
to us on them.
So I would think if we use the irrigation-quality water on our
medians, if we plant thoughtfully -- but give it some beauty, give it
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some color, because that's what we wanted in the first place. That's
what drew all of us here.
And I think as they're planning to prepare these designs -- and I'm
so happy that they're wanting to do this, although I understand there's a
couple objections here. I would love to see the project moving forward
because, if we don't start moving forward, we're still going to be in the
same shape we're in right now.
And we talked about tax money, but this is stuff-- and I was
going to have my assistant tell you all this, but it looks like we're
talking a little bit too long. Everybody -- I would say everybody in this
room voted -- now, I sent out a -- I sent out a questionnaire, would you
even be willing to pay $10 a month? It was way over exaggerated, but
I just wanted to say, would you even be willing to pay that? And I
have to tell you that there were only four votes out of all the hundreds
of votes I got back that said no. Everybody else said, yes, we want that
beauty back again.
And I think that's an important thing because, don't forget, as we
look beautiful, as we draw more tourists in, as we have more people
buying homes because they like the beauty of the community, as
tourism benefits from it, we get tax dollars from that. So, you know,
you have to think of all of it. I understand what everybody said, but
there's two sides to every coin, and I'm giving you the other side.
So with that, I'll let us take a break right now to give our court
reporter some time.
And I want to thank you from the bottom of my heart, everybody,
for being here. I really appreciate it.
MR. OCHS: Ten minutes, ma'am?
CHAIRMAN FIALA: Yes, sir.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats.
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CHAIRMAN FIALA: Thank you very much. Our meeting with
resume.
And the first thing I wanted to do was just clear up a little bit of
statement. We were talking about the MSTUs, right, and the Radio
Road MSTU will -- all their landscaping will now be taken care of
within this plan, but that doesn't mean all the other MSTUs are going
to go that way.
Radio Road, yes, because that was in our -- part of our plan
originally, but places like Bayshore, Lely Resort, they've got their own
MSTU with their own landscaping and their own maintenance, and
that will not be formed into this plan. We had never planned to
landscape them. If they wanted to landscape, they could adopt to do it
themselves.
So there are quite a few that are not going to be part of this plan.
Only the ones that were in our major plan in the first place, which is
Radio Road right now, their landscaping maintenance will then be
usurped into ours. Okay. Just so that everybody understands that.
Let's see. Where were we? Okay. So we have now made
comments. What -- where do we go from here, Leo?
MR. OCHS: Well, Commissioners, you have a recommendation
to approve the plan that was presented and also to authorize some
advanced funding for design work in this fiscal year. Based on some
of the comments I've heard from the Board, it appears that there's
consensus on the plan as presented in terms of the segments and the
funding, but there is some concern about whether we're ready to move
forward with advanced design at this point or whether we should defer
that till the fall to come back as a staff with some more specific
recommendations of best management practices and some other design
criteria with regard to installation and maintenance of these new
median plantings. I hope that I've captured the essence of the Board's
comments.
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June 28, 2016
CHAIRMAN FIALA: I'm just so fearful that we're going to go
back to what we've been doing now which was, of course, to save
money and to save fertilizer and to save water, and it looks so bad.
I'm hoping that we do something a little more -- you know, a little
more in tune with the type of community we are. But I understand, I
don't have support from this side, but I hope that I have support from
this side, you know. I just don't know.
But I think we should -- you know, if you want to -- if you want
to go back to the drawing board and put together new plans, but I
would ask that instead of just talking with one, talk to all of us so that
we can each enter our own comments.
MR. OCHS: Yes; yes, ma'am.
CHAIRMAN FIALA: But I don't know how to do that, because I
don't want to hold this program up. I mean, what you guys were doing
-- what our staff was doing was putting together a plan so that the
design was in place, the money was there to do that right now, and
then come October 1st, which is first day of our new budget, the
landscaping could begin, and I don't know how long this will hold us
up.
Any comments?
MR. OCHS: Well, obviously it would delay a couple of months
if we get this in front of you in September instead of July, but it's not
the end of the world. I think I've heard enough concern on the Board
that we owe you probably a better recommendation on design criteria
so that we have support from a majority of the Board that we know
what we're doing is supported.
CHAIRMAN FIALA: Use that IQ water, irrigation-quality
water.
MR. OCHS: Yes, ma'am. That won't change.
CHAIRMAN FIALA: Okay. And I hope there's some kind of
color to it or something rather than just, you know, stuff that we have.
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Anyway, I don't know what to do. Okay. I've got a few speakers.
I'm at a loss. But Commissioner Hiller was the first one.
COMMISSIONER HILLER: Again, I would support the plan if
we could adjust the timing for the North Collier commercial corridors
and, again, you know, maybe what we could do is have you come back
with maybe an alternative schedule, like, for example, when the road is
going to be improved, to do the landscaping at the same time for
Airport-Pulling, as an example.
With respect to the actual design, there's only a limited amount of
design work that's going to be done for the next year. We're not
looking to set the design standard for the next five years or 10 years.
So I'm not sure why we can't go forward with putting out the
request to do design work for those projects that are within the current
period, which is the next 12 months, and then defer what the standard
is for discussion with respect to the balance of the projects which are
on the table.
And we could maybe take a hybrid approach so we could get
moving on what we know is coming up, and then if we want to tweak,
we can take tweak down the road.
But I do agree that, you know, holding -- you know, we've
discussed this ad nauseam, and I think the time has come where we do
need to take action, because there are roads that are deserving of the
improvement.
So maybe, Commissioner Fiala, if you would be willing, you
could put together maybe a hybrid proposal which, you know,
contemplates design work for the projects due to come forward in the
next 12 months recommending staff come back with alternative design
proposals for the period following the 12 months and to consider
moving the timetable on the Vanderbilt Airport-Pulling corridors up.
CHAIRMAN FIALA: Okay. Now, I know that the staff has put
together -- and I love your support. I thank you so much, but they've
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got a certain plan together, and if we start moving one up, then other
people are going to want to be moved up as well, and then they're
going to say, but you should finish our road or, you know, we're going
to have a problem there.
What they tried to do is take the roads that were done first that,
you know, that we,had to stop landscaping around and put them in
place and then just, you know, go in according to the way it was.
COMMISSIONER HILLER: Sure. And let me ask that
question, because, you know, these roads were actually -- the ones I'm
talking about were one of the first roads built. I mean, they were way
ahead of the other roads.
The only reason that there's been a delay with those roads is
because it's intended to expand them and add lanes. So, for example,
down Vanderbilt we have a very, very large, wide median. Even
though those roads have preexisted the other roads which are on the
schedule, but because additional lanes are contemplated, they haven't
developed.
CHAIRMAN FIALA: Oh, right.
COMMISSIONER HILLER: And so what I'm saying is, let's not
put heavy landscaping in. I'm not talking about the kind of
landscaping you're looking for on the roads which are coming up in the
next year for design. I'm suggesting very attractive but limited. Like,
you know, you could do the cabbage palm seagrasses just to put
something there because, I mean, we literally have massive expanses
of median that look very unattractive.
CHAIRMAN FIALA: All over the county.
COMMISSIONER HILLER: All over, but this is by, like,
Mercato and that very commercial corridor. And I'm not talking about
a lot. It's a very limited amount. It's not a lot of mileage.
CHAIRMAN FIALA: I guess they're going to have to figure out
whether they're putting sewer lines down there, whether they're
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moving their utility lines, if they're going to be redoing that street,
right?
COMMISSIONER HILLER: Yeah. What are you planning on
doing?
MR. OCHS: Go ahead, Nick.
MR. CASALANGUIDA: Well, ma'am, for the Airport Road
section, we're set to come back this fall to do the widening about
halfway up. For the west portion of that, you've widened it to six
lanes, and then there's probably maybe a half mile before you get to
Goodlette that's not widened. And you'd have to bring irrigation in into
the median, and the only concern would be the drainage when you do
the ultimate six-lane widening is how much that would be
contemplated as well, too.
If it's the desire of the Board when we come back with this plan
update in the fall, we could look at what it would take on that Airport
section north when that's completed and give you guys some options
on that when we come back in the fall.
COMMISSIONER HILLER: And the Vanderbilt section?
MR. OCHS: Well, ma'am, you know, respectfully, it's a
zero-sum game. You've got X number of dollars to go into this plan,
and you have to prioritize what segments. Our recommendation was
first in, first out. If you modify that, then some of those segments that
are in the plan in front of you have to slide.
COMMISSIONER HILLER: Sure. No, I understand that, and I
don't want to see any unfairness. But with respect to the Vanderbilt
portion between 41 and Airport-Pulling like by Mercato --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- that corridor. Wasn't that there
first? Just -- I mean, I'm not sure about the age of the roads but, I
mean, I kind of thought that that was developed long before everything
else was.
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MR. OCHS: When I say first in, first out, I mean those that are
widened to six lanes first that won't be widened any further get their
landscaping first.
CHAIRMAN FIALA: When they know they're not going to have
to tear it up, you mean?
MR. OCHS: Yes, yes. In the case of Vanderbilt, it still is
contemplated that we'll add lanes to that segment that you're
discussing.
COMMISSIONER HILLER: When will that happen?
MR. CASALANGUIDA: Your LRTP dictates that every year
when you do the AUIR/CIE.
COMMISSIONER HILLER: Well, I mean, that could be a
decade.
MR. CASALANGUIDA: Could be a while, ma'am.
COMMISSIONER HILLER: It just doesn't make sense then. I
mean, not for a commercial corridor like that.
CHAIRMAN FIALA: Let's see. We have Commissioner
Henning next.
COMMISSIONER HENNING: Yeah. It's always been the
Board's policy, established policy, it's only arterial roads and only
when they are at its maximum capacity, not just six lanes or two lanes
or four lane; at its maximum capacity. And it was always the policy
during that construction that the infrastructure would be in there, such
as, you know, sleeving for water and electric. You know, to change
that on the fly is just --just not right.
You know, the thought is first in, first out is the fair way to do it;
however, delaying it for, you know, a couple months until we come
back with the understanding what the best practices is, is prior to the
budget season starting. You know, I don't see a problem with that,
Commissioner Fiala. The -- and that way the public will know at that
time.
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But that would gain my support if we can go ahead and adopt
what -- staffs recommendations plus the amendment with east of
Radio Road, and let's come back in September, October prior to our
adoption and tell us what that's going to look like. That would be -- in
fact, I'm going to make that motion.
COMMISSIONER NANCE: Commissioner Henning, I can --
you know, if you'd let me comment, I could second that with a couple
of additions -- specific additions, if you would consider it.
COMMISSIONER HENNING: Sure.
COMMISSIONER NANCE: It -- everybody needs to realize that
because we adopt new technology and we do responsible things and
consider our inputs carefully, that doesn't mean that we're going to
sacrifice beauty. What that's going to mean is that's going to lend us to
be able to have the beauty that everybody wants long term.
We've got to update what we're doing. We're living in the past.
We can't just throw money at this and -- you're going to continue to get
fairly decent results. But, frankly, I'm not impressed with the way our
landscapes look compared to the inputs we're putting in there, and the
reason is, we haven't done some of the basics well.
When they dig down in the ground and they uncover
cinderblocks, plaster, road base that was thrown in the medians and
stuff like that, how can we expect our plants of any kind to live? We
can't expect native plants to live, we can't expect our exotic plants to
live. Someone mentioned the Bougainvillea was dying. There's
probably a bunch of plaster underneath the ground there it's finally
gotten its roots into. So we need to get our fundamentals right.
Staff told us they were going to do this. Back in -- when I sent my
first handout in April of 2014, they said, yep, we're going to jump on
this. We're going to do all these things. It's my expectation that they're
going to do what they said -- what we asked them to do in the
workshop.
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And I will second Commissioner Henning's motion to approve
the prioritization, but I want them to go through and look at their
median landscape program critically as I've outlined on this handout
right here, just do a systematic review, update their horticultural
practices, come up with their base level of landscaping as they
promised us they would, and then I can support going to design. But I
don't want to jump to design before we've made some thoughtful
changes.
Honestly, ladies and gentlemen, we've had since 2007 to do this,
okay. We stopped doing new landscaping in 2007 because we were in
the recession like everybody else.
So we've had eight years to do this. And for them to come back
and say, oh, wait a minute, it's an emergency, come on. Old Tim's not
liking that.
So, you know, I will second it if we -- if we can get, as promised,
staff to go through and update their best-management practices as I've
outlined, I will second Commissioner Henning's motion.
CHAIRMAN FIALA: Well --
COMMISSIONER HENNING: That was my intent.
CHAIRMAN FIALA: I want to know if we already followed
some of these guidelines when -- in the landscaping when we tore out
all of the stuff that we used to have there, and then we put other stuff in
instead, are we following the practices he's suggesting?
MS. LULICH: Yes. When we were installing --
MR. OCHS: Identify yourself
MS. LULICH: Oh, Pam Lulich, landscape architect.
When we -- when we were installing landscapes, we were putting
the soil in, we were testing for pH, we were testing the drainage, the
infiltration rate so that plants would survive, setting back our irrigation
system, you know, far enough from the curb so that it wouldn't be
damaged by traffic.
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We have -- we actually won an award, an FNGLA award for
best-management practices. I think, you know, in order to move
forward, I'd like to work closely with you, Commissioner Nance, to
find out exactly --
CHAIRMAN FIALA: And me too.
MS. LULICH: And with you, too, and with you, I mean, all of
you to find out exactly what you're expecting, what the final product is.
And I've met with the Rural Landscape Group, and we follow
FDOT standards. We can't really change the FDOT standards, but in
those sight line areas, perhaps, keep it to ground covers instead of, you
know --
CHAIRMAN FIALA: Could you --
COMMISSIONER NANCE: Ma'am, I've --
CHAIRMAN FIALA: Could you tell me -- could you point out
to me, not this moment but after we leave here so I can take a look --
when -- what -- I know what areas we've -- that we have here from the
2002 suggestion. I can see them, and they're beautiful. But maybe I
don't see, because I don't see many -- much other beauty. Could you
show me which parts follow this best-management practices that
Commissioner Nance is talking about so I can compare the two and
start asking some questions? Because I don't want to follow something
and then have it look like what it's looking like now.
MS. LULICH: Okay. So --
CHAIRMAN FIALA: I mean, I see the stuff they did over at
Marco Island, City of Marco Island, that's awful. It's full of disease
and bugs all the time. The stuff is laying there dead and -- you know,
and I know that was followed by this plan. But, you know, I don't
know how else to do it.
So if you could, just afterwards, Pam, let me know where I can go
to compare.
MS. LULICH: But the intent of advancing the design dollars was
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to have a horticulturist, a the landscape architect, work with the
community, have a horticultural workshop, and then we have standards
in place already. We have a landscaping irrigation handbook. We also
have our FDOT standards, but specifically looking at those roadways
-- because we have utilities in the roadways, we have issues out there
that will prohibit us from putting certain materials in.
We may not be able to put a large tree. We may -- you know, we
may not be able to put what your expectations are. We may not meet
it. So every roadway is very different.
So the whole intent was to get these landscape architects,
horticulturists. I've spoken to Jack Lieber, who designed Pelican Bay.
He's onboard for Immokalee Road. He's willing to help us. I mean,
there are many, many really talented people who could help us get
there, and that was the intent. It wasn't just to put the landscaping in the
way we did before as soon as possible. You know, I'm just -- I'm just
trying to find -- you know, find a solution.
COMMISSIONER TAYLOR: Ms. Lulich, I think the --
CHAIRMAN FIALA: Let me -- Commissioner Henning is next.
Excuse me.
COMMISSIONER TAYLOR: All right.
COMMISSIONER HENNING: Yeah, I think staff is
misunderstanding the intent of the comments. It's about plant material,
sustainable plant material. Location, yes.
But to jump on what Commissioner Nance said, I watched as
Collier Boulevard was widened from former four lanes to six lanes.
They put lime-rock in the median.
COMMISSIONER NANCE: Commissioner Henning, the
current median where it's going to be, that was the northbound lane of
the road.
COMMISSIONER HENNING: Well --
COMMISSIONER NANCE: Where that median is is one of the
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old lanes of the northbound road. And I can tell you, I drove by it
going to work, coming back, going to work, coming back. They did
not remove that material in there. We're going to be able to plant stuff
in there till the cows come home. Unless it's a plastic plant, it's not
going to look worth a damn. I'm sorry, it's just not. It can't live there.
COMMISSIONER HENNING: Well --
COMMISSIONER NANCE: Nothing can live there.
COMMISSIONER HENNING: -- there's challenges, but I'm sure
we can overcome and excavate that stuff out.
COMMISSIONER NANCE: Sure we can.
COMMISSIONER HENNING: It was interesting, a conversation
-- same thing happened on Radio Road when they were constructing it.
The contractor got paid by the material price. It's a lot cheaper to put
fill in than lime-rock. Lime-rock is more, the most expensive back
then. I think it still is. So it is what it is, but those are some of the
hurdles that we need to deal with.
Those are my comments. I'm ready to take action.
CHAIRMAN FIALA: Okay. I've got two more speakers, one of
them is Commissioner -- oh, Henning. Nance you were -- oh, you
were next.
COMMISSIONER NANCE: Hiller and Taylor and then Nance.
CHAIRMAN FIALA: Well, Taylor -- it was Nance, then Taylor,
and now Hiller, but -- is the way I've got my names.
COMMISSIONER NANCE: I'm last, ma'am. I just rang in.
CHAIRMAN FIALA: Okay. So Taylor.
COMMISSIONER TAYLOR: Okay. Ms. Lulich, I think the
issue is -- and I can understand your confusion because you do have a
lot of regulations you have to find in FDOT.
I think what we -- what the issue is is to lay the framework to
understand to give this commission the confidence that plantings in
these medians are following a specific process by which you realize
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and address what is on the ground because, frankly, you can't build a
house on sand. You've got to build a house and have a strong
foundation. And without that, nothing happens.
And then the second, what you put in follows the University of
Florida best practices, to minimize watering, minimize fertilizing but at
the same time provide very, very attractive plantings. And I think once
we get over that hurdle, I think then we know that's the framework
going forward, and we can do it. But to pick a plant here and a plant
here which is -- I'm not saying you're doing, but it's a problem. It's not
going to work.
So I respect your concern. I know that you've had very exciting
meetings with different landscape architects. I know that there's been a
lot of emotion on it, but, you know, we have the University -- thank
gosh, we have the University of Florida and their best practices. Boy,
hold that close because they know about Florida, and they know how
to make things grow and have them last. So thank you.
CHAIRMAN FIALA: I saw Mike McGee back there and, you
know, he knows all about landscaping because he's done many of our
medians, and so are you saying that he doesn't follow -- I mean, maybe
he didn't follow University of Florida. Maybe he has other things that
he adds to it and does it, who knows. But I would hope that you would
think that not only the University of Florida plan has to be followed,
but other landscape architect as well.
COMMISSIONER TAYLOR: It's best practices. It's the best
practices for the Florida climate, for the Florida grounds for the --
CHAIRMAN FIALA: I know that. But you're saying -- I
understand that. That's what I'm saying is, our landscape architects can
do this. That's who she's going to be working with.
COMMISSIONER TAYLOR: Not all landscape architects
would follow necessarily best practices.
CHAIRMAN FIALA: We're not going to argue about that now.
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June 28, 2016
And I know that she has to work around -- when they have -- a lot of
times I've asked Pam about the trees and so forth. You can't put these
trees there, she'll say, because there's already a sewer line going there.
You can't plant trees on top of the sewer line, or you've got utilities
there. So there's a lot of things that go into what you can and cannot
put into this thing.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you. For the time I've sat
on this board, we've had a number of workshops on this. And I recall
that we had a workshop where we -- it was either a workshop or a
board meeting -- where you presented the various levels of landscaping
that a median could support and the various levels of costing.
I mean, I believe what this board is asking for has already been
done by your staff and has already been presented. I don't believe it
would take too much to, you know, bring it forward again, and maybe
we don't have to wait till September. Maybe we could just do it at the
next board meeting because my recollection is it's already on paper.
MS. LULICH: If you're referring to the original master plan --
COMMISSIONER HILLER: When you came forward, we had
one meeting where you presented, you know, various designs and
various level of designs because there was a discussion that the Board
had of, you know, contemplating different standards of landscaping
depending on whether it was, like, in a -- you know, closer to a
residential community or a tourism community, as the case may be.
And, I mean, I vividly remember you presenting all the -- you
know, the alternative compositions.
MS. LULICH: Yeah. There have been so many variations. I
would probably need to go over it again, you know, discuss it with
everybody --
COMMISSIONER HILLER: I mean, you know, if it's the
pleasure of the Board to come back in September, that's fme. I mean, I
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don't see that it's going to make a material difference or if we're, you
know, talking about coming back in two weeks, you know, I'll -- either
way is fine with me. I just do agree with --
CHAIRMAN FIALA: And then how much --
COMMISSIONER HILLER: -- Commissioner Fiala that we do
need to make a decision and move forward and, you know, start
getting things done.
CHAIRMAN FIALA: And, Pam, you've done an outstanding
job, and I think you've chosen the finest people to work with, and I
trust you a lot. I think that -- you know, this has nothing to do with
how well you've done your job. Other people are weighing in on their
opinions.
So Commissioner Nance?
COMMISSIONER NANCE: Yes. I -- ma'am, I just -- I would
just like you to go through the specific lists that I've provided to you
repeatedly and take action on them.
And, ladies and gentlemen in the audience, if you'd like to know
the sort of stuff that's in here are comments like this -- I did not
advocate for any specific plants. I did not advocate for native plants. I
advocated for tough plants that still look good, but these are the sorts
of comments that I've provided to staff: Avoid planting of trees too
close to roads and sidewalks. For proper canopy development due to
vehicular traffic -- how many of you have seen a tree planted right next
to the road where they have to cut the tree halfway out and let the truck
go through? Who wants to do that? That's crazy. Provide -- it's going
to produce damage to roads and curbs and lifting of sidewalks.
Avoid plantings in the public right-of-way in front of commercial
centers that already have Land Development Code required
landscaping and block commercial signs. We still are doing that, okay.
We've got it out there. I can take you to the places.
Improve fertilizer selection using environmentally friendly
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nutrientsources sou ces and advanced fertilizers based on time and rate of
release, not time of application.
Utilize high-tech time-released coated fertilizer materials. These
are all sorts of things that we need to consider going forward. It's going
to produce the best results.
I'm not saying that we need to go to ugly. I'm saying we need to
go to the best technology that anybody can offer. Don't we deserve
that? I think we do. And we're going to have the best landscapes.
And there's no reason to get in a big hurry to run out where -- I
expect over the next 20 years this next 51 miles is going to be
landscaped. Everybody wants it. I support it. Just to do that and
maintain what we've got now without doing any improvement to what
we've got now is going to cost us $150 million. Don't you want to
spend that money wisely? I certainly do, because I know you're going
to be satisfied with the results, and I know you're going to be proud of
the way it's being done. That's all I'm saying.
So I would like -- once again, I'd like staff to get going on
updating all their best-management practices, address these issues, and
then I'd be happy to support us going to design. In the meantime, you
can start talking to the communities about what they'd like. I'm all in
favor of that.
CHAIRMAN FIALA: Can you show me where some of the
landscape adheres to all you've just said; there's got to be someplace.
COMMISSIONER NANCE: No. I'm asking them not to do
some things they're doing now.
CHAIRMAN FIALA: Yes, but I'm saying where is an example
of that you want them to do on the roads right now?
COMMISSIONER NANCE: Nowhere.
CHAIRMAN FIALA: Okay. So there's nothing there?
COMMISSIONER NANCE: No, no, no. There's good things,
but there's problems. I'm trying to keep the good things and solve the
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problems to produce a better result and save money. I'm not
advocating that we go to ugly landscaping, ma'am. That was my
profession.
Go to the Vineyards, and you ride around the Vineyards. If you
think the Vineyards is ugly, come back and tell me. I did it all.
CHAIRMAN FIALA: Yeah, but they're beautiful there. They
have grass in there, too.
COMMISSIONER NANCE: Oh, I know.
CHAIRMAN FIALA: And they have beautiful plantings and --
COMMISSIONER NANCE: I know.
CHAIRMAN FIALA: -- and beautiful flowers.
COMMISSIONER NANCE: And when I was young and foolish,
I did some serial bad things, too. But what I'm saying is, we've got to
change some of our evil ways so we can all live in paradise and keep it
happy and not have Naples Bay turn green.
So this all can be done. And the university can help us do that.
They know how, and they're dedicated to it all the time. We just need
to become dedicated to that same methodology.
CHAIRMAN FIALA: So we have to follow the University of
Florida?
COMMISSIONER NANCE: No, just -- no, just consider it
because there's some good things in there that we don't do. We just
haven't done it. We haven't made it our business to -- you know, look
at some of the things that go way back. And some of them are
included in my suggestions.
So I'm ready to call the question.
CHAIRMAN FIALA: Go ahead. Call it. What is the -- what is
the motion?
COMMISSIONER NANCE: Commissioner Henning?
COMMISSIONER HENNING: The motion is to accept staffs
recommendations with the modifications of east of Radio Road and
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bring back the best-management practices as Commissioner Nance
outlined, and the understanding -- it will come back at prior to budget,
the new budget. That's important. Because it will meet Commissioner
Fiala's goal to get this going again for the budget in 2016/17. That's
my motion.
CHAIRMAN FIALA: That is my goal. I don't know how much
longer we're going to have to be held up because of this.
COMMISSIONER HILLER: You know, if I may say one thing?
CHAIRMAN FIALA: So do I have a second first?
COMMISSIONER NANCE: Yes, second.
CHAIRMAN FIALA: Okay. I've got a motion and a second.
COMMISSIONER TAYLOR: Call the question.
COMMISSIONER HILLER: Commissioner Fiala, you need to
remember that, you know, three of us are not going to be on the Board.
It will be you and Commissioner Taylor. So we'll, you know, vote the
way we're voting today, and then when you have a new board, you can
always reevaluate what's presented, just like we've reevaluated this I
don't know how many times for as long as I've sat on the Board.
COMMISSIONER TAYLOR: Point of order. The question's
been called.
CHAIRMAN FIALA: Well, I've asked for questions from
everybody, so that's what I'm saying, you know, are there any
comments on this. She was giving me one. You have none. Nobody
has any?
Okay. The motion is on the floor and a second. All in favor,
signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed? Me. Thank you.
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I'm sorry that we have to hold it up.
Item #11A
THE COLLIER COUNTY SPORTS MARKET AND NEEDS
ASSESSMENT ANALYSIS AND DIRECT THE COUNTY
MANAGER OR HIS DESIGNEE TO PROCEED WITH
FEASIBILITY STUDIES FOR THE LOCATIONS THE BOARD
MAY WISH TO CONSIDER FOR EXPANDED SPORTS
FACILITIES AND MAKE A FINDING THAT THIS ACTION
PROMOTES TOURISM - MOTION TO ACCEPT STAFF
RECOMMENDATIONS WITH ADDITIONAL COMMUNITY
INVOLVEMENT AND INPUT — APPROVED
MR. OCHS: Madam Chair, that takes us to Item 1 l A on your
agenda, and that is a recommendation to accept the Collier County
Sports Market and Needs Assessment Analysis and direct the County
Manager to proceed with feasibility studies for the locations that the
Board may wish to consider.
Mr. Wert, your tourism division director, will begin the
presentation.
MR. WERT: Thank you, Mr. Ochs and County Commission.
Good morning. Jack Wert, your tourism director, for the record.
As County Manager indicated, we are here this morning to
present to you the results of our facilities needs study, and I'll pull this
up here.
What we have asked today is for our hundreds -- Hunden
Strategic Partners, who have prepared this study for us, to come in and
give you an overview of the study and where the -- their
recommendations go. And I think they're all here. Yes. Very good.
First of all, we have Rob Hunden, obviously head of the firm
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Hunden Strategic Partners. We also have Ethan Olson and Mike
Mallay (phonetic) as part the team who helped put this project together
for us.
Just a final note, as we are going through the presentation, as
Commissioner Hiller suggested this morning and I believe you-all
agreed, we will be not asking you to include the North Collier
Regional Park expansion as part of ongoing -- this will be in their
presentation, but we -- we're not asking you to look at that particular
location at this time but to consider the others, and we will then follow
up with those meetings, as we indicated, with the Parks and Rec
Advisory Board and the residents and other interested parties as well.
So without further ado, Rob Hunden is coming forward and will
begin our presentation. Thank you.
MR. HUNDEN: Thank you, sir.
Good morning, Commissioners. We're happy to be here. Again,
my name is Rob Hunden, owner and president of the firm. I have
Ethan Olson, senior project director, that was spending quite a bit of
time on this project, and he'll be speaking as well, and we also have
part of our team, Mike Mallay, who's an expert on governance and
management of these once you start to get into the actual development
and operation.
So just to make sure I do this correctly, am I clicking on the right
side to advance it?
MR. WERT: Left side.
MR. HUNDEN: On the left side. Okay, got it. Perfect, okay.
We got it.
So here's the -- I want to set the framework, because I think once
people sort of absorb the idea that, hey, this idea has some sense to it,
they immediately start going into the, okay, what do we do next?
Where's it going to go? How much is it going to cost?
And I think the initial purpose of this study was to really identify
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June 28, 2016
whether or not the supply and demand forces exist to support this
development. Does it make sense for economic and tourism
development and those sorts of things? So that's really where we want
to focus much of our time.
The future phases of your work associated with this process and
project will be looking at sites, will be talking about budgets, will be
doing those sorts of things.
So in terms of setting the framework, I want to make sure we sort
of stay focused on that, and I will say we are not going to be rushed
today necessarily but, unfortunately, we do have to leave in about an
hour to go to our flight.
So I know we have a number of speakers, so I'm going to move
expeditiously through our slides and get you where you need to be.
So the key questions that we were tasked with answering, what is
the existing local and regional sports supply mix? Are there gaps in
the current supply of fields, courts, and other sports facilities? What is
the local demand? What is the regional demand? What is the
tournament demand for a tournament-based sports project? How does
that sort of intermingle with what you've already got going?
What about your hotel package and also seasonality? In seasonal
markets like you have, that plays a big role, but so does price point,
whether it's the type of hotel or the type of season and what that does
to your price point.
What do we recommend and how will that perform and how
much will it likely cost?
So what are the headlines? So big picture, I'm going to keep it
really simple. You've got a lot of demand and not a lot of supply. And
the quality of that demand, unlike many -- we work all around the
country, and, you know, this is a big trend for many communities
looking for economic and tourism development, and some places just
aren't suited for it. They're not centrally located. They're not places
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that people want to be or they can't get to easily. That's not necessarily
the case here.
People want to be here. The seasonality is great relative to the
rest of the country, so you have a lot of people that want to come to
Florida in general, but even state and local and regional, that make this
an opportune marketplace. So you're in a very good position.
The quality of those tournaments and the price points that they
can often pay are also relatively strong. Unfortunately -- and you've
got some great facilities, but there aren't enough of them and,
essentially, they're being completely booked. The calendar is really
tough to sort of pry open to fit in those impactful events that could
generate even more hotel room nights and spending in the community.
And one of the other things that's pretty interesting is that the
types of hotels that you have are -- you have a -- most communities
struggle trying to get more nice hotels. You have a lot of nice hotels.
Sometimes tournaments like more of the select service branded hotels
like a Hampton Inn or a Hilton Garden Inn, and those are not as
plentiful and maybe nearby a lot of those locations as we would like to
see in an optimal environment.
But what these tournaments -- if they are induced and allowed to
come to the area, they can really help your lower seasonality like in the
hot summer months where a lot of the other snowbirds have gone
away. They can come in and help generate some additional tax
revenue.
In terms of the recommended package, there is actually quite a bit
strong demand for outdoor fields but also closely followed by indoor
courts; however, what our recommendation is is that you don't do them
all at once. Start with the first phase of what's the most in demand,
which is the outdoor fields, and then start planning, master planning
for Phase 2 of indoor.
In terms of purely from a market-and-cost efficiency perspective,
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I know that there's been a lot of focus on sites. And, again, we don't
want to get necessarily bogged down in that per se today, but when we
looked at the sites, we had looked at expansion of North Collier as one
logical option but, obviously, there are other issues that play with that,
so that may be off the table. But in terms of looking for what's the
most efficient use of funds and leveraging what you already have, that
jumped out at us.
We also looked at local facilities. I'm going to have Ethan Olson
sort of take you through some of the look at the local and regional
facilities to sort of show you where you stand today in terms of supply
and demand and quality.
MR. OLSON: Good morning. So, yeah, we -- part of the
analysis we looked at the local facilities to understand who's using
them, how often are they being used.
And as you can see from the map, you know, you have facilities
kind of spread throughout; however, that are few facilities that are
really big enough to host those impactful events. Basically, they're not
-- they're accommodating local use. They're not big enough to really
get the attraction for -- to pull a team from outside the area to make the
trip. And a lot of it's just basically a numbers game.
And then -- but, however, there are current investments or
planned -- plans to enhance the existing facilities as well as to build a
new one, such as the Big Corkscrew Island Regional Park up in the
northeast part of the county.
So there are things moving forward, which is great to see to help
accommodate the local demand. And what we have found is that the
local demand is actually so robust that it's filling up the calendar for
these events. And so if you're trying to bring in tournaments and other
events like that, those typically want the weekends.
And so if there's minimal availability on the weekends, it's really
tough to bring those in, and those events are typically looking for
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specific weekends throughout the year.
Looking at the regional dynamic here, you've got a lot of facilities
up, kind of, in the Bradenton and the Tampa area, and then also on the
eastern coast in Ft. Lauderdale up, kind of Miami, Jupiter.
And the interesting thing with Florida is that you have spring
training baseball that kind of plays a big part in the athletic complex
dynamic here in Southern Florida and Central Florida, but there are
several regional facilities that offer compelling competition.
As Rob mentioned, a lot of communities throughout the country
are looking at this in the fact that you're in a warmer climate. You
know, people from the north are gravitating down here just because
you have fewer, basically, bad months, and those shoulder months
where it's -- are extended. So your playing season is a lot longer. Most
are located, as I mentioned, on the southeast coast or west coast of the
state.
And the takeaways from the supply, groups for indoor and
outdoor sports are highly motivated to program a new facility, so we
heard through all the interviews and conversations that, you know,
more -- more would help accommodate, would help them grow their
organizations, as well as they'd be able to put on more events.
As we mentioned, outdoor sports. The softball, baseball, soccer,
those were the sports that we saw to have the greatest need in the
community. And so what's happening is lack of space creates a team
cap. What that means, their teams are being capped, or the events are
capping the number of teams that can enter just because there aren't
enough facilities to accommodate larger events.
Collier County does not meet event organizers facility
expectations, meaning, A, there aren't enough fields for them to
program their events, and they're also looking at more and more
amenities. They want single-site facilities. So North Collier is a prime
location for the groups to hold events now; however, if their events are
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June 28, 2016
bigger, now they've got to look at two, three, four events, and that just
makes it more difficult for them to host their events logistically, and
then if there are any issues with the fields, where do they put the team?
So that's a challenge.
Additional supply would make the pie bigger for Collier and
Southwest Florida. And what we have found is that Lee County
actually uses Collier County facilities as well for events. So that
overflow -- Collier's actually capturing some overflow demand from
Lee County.
Indoor facilities tend to compete with inexpensive school
facilities. Schools are limiting the availability for their own use. So
they're making sure that their own programs are being accommodated
before they start letting outside groups use those. And so that's kind of
the challenge that we saw with indoor sports is, you know, trying to
develop a new facility, you're going to be competing with more
inexpensive options.
And as what we found, too, talking with parks and rec, is that
their programs are primary users for indoor facilities in the market.
And so what this slide is really showing is just an overview of the
supply facilities for -- by sport and by whether it's indoor or outdoor.
And as you can see from the supply facilities locally, there's a low
amount statewide. You see a higher amount when it comes to soccer,
baseball, softball.
And there's a medium -- we kind of referenced the pickleball's a
medium supply. We have seen that Collier has really taken the
initiative to develop and build pickleball facilities and really create a
niche for itself. And there are communities across the country that
have really found to be successful by focusing on specific sports or
markets that they can really hone in and be the destination for that
sport. And we've found that pickleball is moving in that direction here
in Collier County.
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Participation levels, as you can see, it's high across the board for
almost every sport. Lacrosse is a growing sport, so it's a medium right
now, but that's trending up.
As I mentioned, athletic facilities is low. You know, the
traditional sports are high, but as those grassroots sports that we
mentioned, pickleball, lacrosse, and other sports include -- rugby and
field hockey are growing sports.
The next slide shows user-group demand. So local users, as
we've kind of stated, there's a high -- high use across local users as well
as league. Tournaments, it's a little mix just partly because of the
challenge with the facility needs. And as you can see on the right side
of the table, we've got a high -- high need for indoor as well as the
outdoor sports that we've kind of mentioned.
All local use is being programmed -- or all the local use program
goes through the parks and rec department for use of facilities. The
tournament demand is growing, particularly baseball, basketball, and
pickleball. And pickleball, you just held the U.S. national
championships here in the last month or two. And outdoor a higher
priority and, as we mentioned,indoor is very close. And indoor
typically is a more difficult and expensive business model to operate.
And so looking at the Collier County events, you can see that the
number of events that are being held in Collier County is increasing.
And the average days over their events, 2.7 days, so that's a good
number. That's multiple nights, room nights.
And in 2016 the number of events are actually increasing -- or the
days of the events is increasing to approximately almost nearly three
and a half.
And so of the 28 total annual events -- so there are 28 events that
are coming here on an annual basis, and those -- and a handful of those
are growing, looking for more space, improved facilities, whether it's a
championship venue -- but 11 of those are events that are coming from
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Fort Myers. And, you know, as we mentioned in talking with Jack,
that it's critical to maintain that relationship and partnership with Lee
County. And, you know, I think right now it's a very collaborative
partnership. And seeing that continue would be great.
The Vineyards Community Park is the most utilized; however,
North Collier Regional Park and Golden Gate are the two other
facilities that are being highly utilized. And what we have also heard,
too, is that these are getting so much use that it's really straining the
fields. The fields do need time to rest so that they're just not worn
down to dirt. And so, again, that is pushing and shifting demand to
other facilities and potentially outside the community.
And ultimately the takeaways for the demand, the lack of large
facilities is limiting event size, attendance, and eventually the impact in
the community.
Many sports are -- sports teams are leaving the area to participate
in competitive events, so that's where there's some leakage occurring
here. Community parks are, for local rentals, in parks and rec. Some
out-of-town rentals are occurring but not a whole lot.
And as I mentioned North Collier is the primary venue for
tournaments. It's kind of the crown jewel here in Collier County. And
events that are -- that have outgrown North Collier or are just too big
for it are being dispersed to other parks, and that just is, again, a
challenge for these events.
Non-profit groups are running leagues through parks and rec, and
we've provided some examples. And as I mentioned, the pickleball is
getting the investment. And, you know, even use such as practice and
games, organizations are just using open fields. That's the extent that
the demand is getting.
But looking at the tournament market and what's occurring not
only locally and in Florida but nationally, the tournament market is
getting more and more competitive. As Rob mentioned, more
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communities are looking at this as a way to drive economic impact in
their communities.
One-site venues are becoming the norm, and they want those
venues to be within close proximity to their hotels, restaurants, retail,
entertainment, because these attendees need something to do when
they're not competing, and that's where the retail, the restaurants, and
the entertainment are critical components to this overall sports and
hospitality package that Collier actually does have.
Successful facilities are programming tournaments and events
almost every weekend. While local use such as practice, games,
leagues are being programmed during the week. So -- and that's where
the community also needs to make -- ultimately make a decision
between the tourism and local use of what's that balance. And a lot of
times, any of those weekends that open up, that can be programmed
with local use.
Tenants and user groups are key to baseline support in
establishing a credible reputation. Those are the groups that are going
to be champions for the facility. They're the ones that are competing
outside the community, talking about their own community, talking
about their own facilities, and attracting other groups to come and play
in their events.
Higher -- high levels of tournament competition attracts greater
interest from out-of-state teams. And really what that means is there
are so many facilities out there, now teams are starting to also look at
the competition level. They want to play against the toughest teams,
the best teams so that they've got the college recruiters there. You
know, they're getting exposure to recruiters, the colleges, whoever.
And so that's why it's not just about the facility anymore. It's not just
about the number of fields. It's also the quality. So that's where the
tenants, who's operating the facility, plays a critical part in the
equations.
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And there have been organizations that expressed that they have
interest in relocating to a new facility here or expanding their current
events or even creating more. So they're a demand across the board
here.
Looking -- part of analysis, we looked at comparable facilities
across the country. Anything from -- with soccer and baseball and
softball. So this is just a summary of some of those ranging from the
Midwest to the West Coast and, obviously, here in Florida.
This is just -- these are just some examples to show kind of a
layout of some of the single-sport facilities. Multi-sport facilities,
Westfield, Indiana, recently opened in 2014. They are making now
investments for indoor facilities and event facilities as later phases in
their overall project. In Orlando you've got the ESPN Wild World of
Sports, which I think a lot of folks are familiar with.
And then projects underway there are some projects in -- one big
one in Irvine, California. There is one just outside of Atlanta that is --
has some big hopes and dreams, but they are facing some challenges,
and then also in Houma, which is just south of the New Orleans area.
So really just an overview of these facilities. A lot of these are
known as category killers, so they really have focused on being good
and being good at one sport, and this is kind of what comes back to the
whole pickleball conversation.
Fewer large-scale multi-sport facilities just because of, again,
space is always an issue, budget constraints. They're not necessarily
cheap developments to build.
And a lot of these established facilities are partnering with
national governing bodies to secure regional and national events or
even housing headquarters for -- whether it's the state association or
even large local groups, but they're looking at other ways to help
generate revenue for the facility.
And some of these facilities have established themselves as
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annual host sites. And, again, that's great, and that's what we want to
see are events that can continually be accommodated here on an annual
basis and that like the market.
And these facilities as well are looking at expansion to remain
competitive and remain ahead of the curve. So the facility up in Blain,
Minnesota, is adding -- they're looking at adding another 20 fields,
which would bring their field count to close to 72 soccer fields.
ESPN Wild World of Sports has just announced in the last few
months that they're going to be building an indoor facility of 286,000
square feet, and then the management of these facilities varies from
authorities to ESPN Wild World of Sports as privately owned and
operated. Some have -- and that kind of brings me to the next slide
where you've got parks and recreation, private non-profit,
public-private partnerships, and even private for-profit, and then kind
of another one that's kind of a blend in there is a -- more of an authority
that just adds another layer between the operator and government.
So there are several ways to manage these facilities. We just
recommend that it would be in a more entrepreneurial fashion to help
drive revenues versus just simply maintaining.
And then also we looked at the hotel market overview for the
facility. And as Rob mentioned, the market has a lot of luxury and
higher quality hotels. And the seasonality of tourism versus
tournaments is and will continue to be an issue as Rob kind of outlined
earlier in the conversation.
There's an even distribution between the market classes. So,
again, events are also looking at options, right? They want a variety of
quality. They want a variety of price points so they can appeal to as
many visitor and attendees as possible. But from a sport's perspective,
hotels that have the free breakfast and the double, double rooms are
preferred for their events just because they may be, you know, housing
four to -- plus in a room, so it can get a little cozy.
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There are 11 hotels -- 11 hotels room (sic) added between 1999
and 2002 since. But looking at the hotel market overview, between
January and April are kind of when the prime months are, and I think
Rob can take it from here.
MR. HUNDEN: Yeah. You know, I always have my favorite
parts. And I appreciate all the commentary, and I also want to give
Mike a chance to talk about governance, which we can get to, I think,
in the recommendations a little bit.
But one of the things that you have is high seasonality, as you
know. There's a huge compression during the winter and spring
months, and yet you've got to fill your hotels, and you've got to create
economic impact and development throughout the year. And it's
probably smarter to sort of have it be as consistent as possible instead
of sort of a rollercoaster, because it makes for better planning and more
consistent job formation and creation and support.
And so as you look here, I call this the heat map or heat chart for
hotel occupancy. And so red is -- so each one of these cells is an
average of four days throughout the year. So if we look at Thursdays
in February, the average occupancy of those Thursdays was 91.9
percent. You're definitely, what we say, compressing demand out
beyond your borders to somewhere else. And so you're already pretty
packed during those months, as you can tell. And it's, you know,
almost 90 percent through all of February and then into March, and
then -- but then the rest of the year, May through December,
essentially, you're still open for business and you need to fill those
rooms.
And so tournaments and certainly during the summer is a great
time for tournaments because kids are out of school, and also during
holidays weekends throughout the year. And so there's a real
opportunity to compress and recapture some of that demand.
You know, it was interesting when Ethan was showing you the
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number of events that are held here, and currently it's your crown
jewel, North Collier Regional Park. You've pretty much maxed out.
And over time, your community's growing, your county's growing, the
area is growing and, really, you sort of have hit a ceiling. And so, to
the extent that demand wants to be here, it's just getting pushed
elsewhere, and so you're just -- we hate the term "leakage" because it --
I just hate the term, but it's negative, too, in terms of economic impact.
And so, really, unless and until you develop new high-quality
facilities, that demand will continue to sort of be pressed out.
This is a heat chart for rate for the competitive set of hotels, and
you can see there that, certainly, this is a huge story, and I think of all
of the studies we do as trying to tell a story. And your story is, you
know, sort of not dissimilar from a study we did near New Orleans not
too long ago. There are great times for hotels, but that also means that
they get expensive. So the very time that hotels are really expensive
and compressed, those are not the times you're going to get families
with kids who are going to tournaments every other weekend and
barely scraping enough money to get to those things and share four to a
room at a Hampton Inn. It's going to be hard to justify $300 a night
room rates and get those.
And so, again, I think the story is how do we -- how do we create
something that accommodates and attracts groups and tournaments that
are coming to a great high-quality environment like Collier County but
doing it at times of year where your hoteliers want them just as much
as the tournaments want to be here, and that's those other eight to nine
months a year.
So for the recommendations -- and I'd like to have Mike and
Ethan come up. We're really looking at really sort of an eight and
eight multi-purpose fields and ballfields, outdoor complex first, then a
second phase of indoor consideration. And really, in terms of the site,
we're starting to look at sites that are 60-plus acres. You really want to
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consider sites that can be expandable over time.
And also, the whole "if you build it, will they come?" not
necessarily true anymore. As we discussed, the market's getting much
more intense and competitive. It's becoming more sophisticated.
Reputation is big, and we are working in communities where folks that
manage facilities maybe haven't been as hospitable or haven't had their
act together as much, and they have turned off forever big tournaments
and opportunities that have come their way.
So I think one of the real values of having Mike on the team and
sort of serving him up to you as the potential person to talk with in
future months is how do you set this up for success going forward, not
to just build the bricks and sticks, all of that, but actually make sure it's
run right.
So, Mike, can you just say a few words about kind of the keys to
success and things to avoid.
MR. MALLAY: Sure. So as the senior member with the most
gray hair on the team, I can tell you that sports has changed since I
grew up. We all played three sports and left one sport to go to the
other; that world's well behind us. What that really means is that
communities must be much more strategic and surgical than
operational and reactionary.
I think Collier County's done a great job of positioning itself.
How do you continue to remain competitive, make sure you continue
to keep that market share that you're looking at? And that really gets
down into two things: Making sure you've got the right facilities and
making sure you have the right operational model and organizational
structure to do that.
So as time goes on, as you finally decide on where you want to
put appropriate money into facility development, I will tell you that
there are a variety of different opportunities out there whether you stay
with -- continue a parks-and-rec model of doing it. There are
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third-party organizations now that actually come in and do this, much
like stadium and arenas across the country.
There's a balance there. I think the one that you've got to be
really thoughtful of is these are your citizens that are here. These are
their -- this is their taxpayer money that's going to use. You've got to
make sure you balance that appropriately so that -- that tourism model
with what's important for Billy and Suzie is really, really important, so
I would tell you that you've got to think about that.
But as long as you're out there thinking about how do we grow
market share and increase and partner with, say, Lee County, I think
there's some really different -- there are models out there, but I just,
you know, want to make sure you got that there are models out there
that work very, very well.
But as Rob said, it is so much more competitive than we ever
thought. I spent 20 years at ESPN Wild World Sports and watched the
landscape change in front of my eyes in all sports, and there are a lot of
cities who are spending money I'm not sure they should.
I will tell you you guys are way ahead of the curve in terms of
you've already got a great reputation, you've got some great facilities.
It's just how do you complement them and add to them. So that's my
time. Thank you.
MR. OLSON: Yeah. So kind of outlining the recommendations
Rob mentioned, eight multipurpose fields, official turf would be ideal
just because you can maximize usage. It minimizes some of the
inclement weather; if you're getting a lot of rain, you know, you can
still kind of play through that.
Obviously, a site that can allow for expansion in -- future
expansion. As we mentioned, North Collier, just from a market
standpoint in the infrastructure that's already built up there, just looked
at -- as an ideal situation, but we know that there are other factors to
consider.
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Other recommendations: Lights; again, that extends the amount
of hours that you can program on these facilities. So lights are
recommended. And, again, those are what -- that's one of the things
tournament organizers are getting pickier and pickier about that they
want lights so that they can maximize their events and the number of
teams that they can program.
Parking; parking is typically a challenge for most events. So
really a rule of thumb that we kind of go by is about 100 cars per field.
So based on what we've recommended, it would be about 2,400 spaces
to about, approximately, 24 acres of parking.
Some of the amenities; obviously, you want to have concessions,
restrooms, changing rooms. So we're seeing kind of an ebb and flow
between do you do locker rooms? Do you do changing rooms? If you
do more of changing rooms, then you can program those. So if you
have, you know, an all-girls tournament, you can use all the facilities
versus kind of cordoning off just the men's.
Multipurpose space for offices or event headquarters. Storage
space is always critical. Wi-Fi (sic) events are always looking for
Wi-Fi to, you know, post their scores and other alerts and
announcements.
Spaces are vendors, awards, food trucks, et cetera.
And then as we mentioned with governance and management, it's
recommended that there be management that's very proactive, that has
experience in securing and executing events of all sizes. Marketing
events as well. And also it's a relationship business, just like most
businesses in the industries are. So having relationships and
partnerships throughout the industry is critical as well.
So getting into the site analysis -- so as Rob mentioned, we
looked at sites that were one-owner tracts of land; however, you know,
there are other potential sites or areas that may be owned by
membership owners but could be combined to reach that 60-plus
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threshold. But right now we just did our assessments of single-owned
tracts of 60 acres or more.
And some of the factors that we look at are urban issues. You've
got transportation issues. Site factors, obviously cost, and then
proximity to nodes, you know, hotel nodes, F and B, other
entertainment.
COMMISSIONER TAYLOR: What's F and B?
MR. OLSON: Food and beverage, sorry.
COMMISSIONER TAYLOR: Thank you.
MR. OLSON: And then we've just provided a couple examples
of some of the multiple-owner tracts that we were aware of and
identified.
So these are -- this is the list of facilities -- or of sites that were
approximately 60 acres and greater. But overall we looked at
approximately 28 sites.
This is going to be very difficult to read. So we've got about six
sites here that we really assessed. The first table just shows -- is in
order based off of the estimated time for a development. So some sites
are more primed right currently for development while others may
make sense, but it could be 10-plus years before they're actually ready
to go for development. So that's how the first table is organized.
The second table is based off of the proximity to nodes -- the
hotel nodes and F and B, or food and beverage. So some of them are
within a couple miles, which is great. Others are, you know,
11-and-a-half miles plus. But as population growth occurs and
development occurs in the county, I'm sure that those metrics will
probably change.
This is just a map showing the sites that we assessed. It's the six
sites. And then just going through these sites, what we're showing here
are just tests. This is just saying, hey, the recommended facilities
could potentially fit here with some parking. That's all that these are
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showing. These aren't any recommended sites or anything. So we
were just identifying to see if-- or looking to see if these could actually
fit.
So this is just an I-75 county tract. This shows an actual, kind of,
drawing of a full buildout with potential expansion of another eight
fields on that site.
Then we've got the North Collier that just shows a full expansion.
This one just shows a more modest expansion of North Collier to help
leverage what the current facilities are there.
This is a -- these are -- we've got two examples here that show -- I
think I might have passed by two other ones. This is the City Gate site.
But then we've got two examples of the multiple-owner sites. This is
Minto school board site. It's approximately 60 acres, two miles east of
U.S. 41 and Old 41 road intersection.
And then the second site is at Magnolia Pond Drive. It's
approximately 89 if you were to combine both of those sites that were
outlined, and that is located on the northwest corner of I-75 and Collier
Boulevard.
And then just some examples. Just to show some overlay,
because what we see across the country, you'll see communities put,
like, a soccer field on the outfield of a baseball diamond to try to
maximize space and maximize usage. You may run into some issues
of usage, but these are just some examples of how those fields look.
So a little bit rectangular. You've got the diamond in one corner,
and then the field. The ESPN Wild World of Sports has done this on
four of their fields, and then Wheeling just shows a -- that actually
shows a football and a soccer field in an outfield of an artificial turf
complex.
One of the recommendations is we suggest that one of the fields
be programmed for -- or could be programmed as a championship
designated facility. So it may have a little bit extra space around it or
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berms around some of the sides to create more of a championship
atmosphere and that it could also be programmed with portable
seating. So if there is a big event that comes, that you can put portable
seating for -- you know, it could be a couple thousand people.
So one example -- it may be a little hard to see, but in National
Sports Center they've got berms on each side where the sidewalks are.
WakeMed Sports Park has the same thing; Cary, North Carolina, as
you can see. They've got some berms and bleacher seating. And then
ESPN Wide World of Sports actually did this for one of their fields
when the Orlando team was playing there. And I think as their --
COMMISSIONER HENNING: Excuse me.
Madam Chair, we're at lunch break. I don't know how we're
going to proceed. This presentation is longer than -- and I know that
we've got public speakers. How are we going to handle all this?
CHAIRMAN FIALA: We're going to -- they have to leave town,
so we're going to hear them till their end.
COMMISSIONER HENNING: How long -- what's left? How
much more?
MR. HUNDEN: We've got about two slides left.
So here we have the --
COMMISSIONER HENNING: Okay.
MR. HUNDEN: -- projection of events by type and, of course,
then the financial projections just showing the revenues and expenses.
And then we did a whole economic fiscal and employment impact
analysis to show over 20 years based on the recommended scenario
what the positive impacts would be, which include 412 supported
full-time equivalent jobs. Serious amount of new TDT (sic) revenue,
5.3 million.
And then we got into a little bit of funding and potential
partnerships, which there are many options for partnerships out there
that we can certainly go into.
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And you have -- you'll be provided all this detail in the report,
obviously. And then that is -- that is the end of the presentation.
So we appreciate the time constraints. And so however you want
to proceed, we have a little bit of time.
CHAIRMAN FIALA: Okay, thank you. I'd first like to ask how
many speakers we have.
MR. MILLER: Ma'am, I have 10 registered speakers for this
item.
CHAIRMAN FIALA: Okay. We should start with our speakers
first. Let me ask you, do you need a break, or can you --
THE COURT REPORTER: I'm okay.
CHAIRMAN FIALA: You're okay. Are you sure?
THE COURT REPORTER: Yes.
COMMISSIONER TAYLOR: They have to catch a plane.
When do you have to catch a plane?
MR. HUNDEN: Well, it's at 3:05 from Fort Lauderdale.
COMMISSIONER TAYLOR: So you need to go.
MR. HUNDEN: Yeah, unfortunately. So there weren't too many
great flight options from Fort Myers, unfortunately.
CHAIRMAN FIALA: Okay.
COMMISSIONER NANCE: So I suggest we conclude our
questions from board members --
MR. HUNDEN: I might be driving to Nashville.
COMMISSIONER NANCE: -- if the board members have
questions of these gentlemen, because they're going to leave.
COMMISSIONER TAYLOR: Yeah, we should --
CHAIRMAN FIALA: Okay. Rather than hear our audience.
Okay.
COMMISSIONER NANCE: They're going to leave. So if board
members have questions for them...
CHAIRMAN FIALA: Okay. But if they have questions, okay.
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All right. Ill do as you --
COMMISSIONER NANCE: I mean, that's my recommendation.
Let the Board --
CHAIRMAN FIALA: I heard.
COMMISSIONER TAYLOR: No, I would agree.
CHAIRMAN FIALA: Okay. I'll --
MR. HUNDEN: Happy to take your questions.
CHAIRMAN FIALA: Yes. Go ahead.
COMMISSIONER TAYLOR: I'm first.
Thank you very much. I've found your study very -- it was very
comprehensive but very clear and, I thought, very thorough, and I
think staff agreed.
When you talk about phasing in, is the ultimately, what you're
talking about, 16 multipurpose fields, eight baseball diamonds for the
outdoor facility, is that the model that we're talking about?
MR. OLSON: Yeah. As a -- as a total 16 would be the minimum
that we would recommend.
COMMISSIONER TAYLOR: Oh.
MR. OLSON: But you could -- you know, 20 to 24 is where
tournaments are really happy. That's -- I would say that's your end
game, but right now I would focus on the eight. And then the eight
and eight is what I would focus on right now.
COMMISSIONER TAYLOR: Okay. Can you give us or maybe
send to us at another time a phasing in of what you recommend, you
know, so much over a time period so that we have an idea? Because I
listened very carefully when you said if we're going to do this, we
better do this right, because there's a lot of competition. So we're
going to need probably guidance, I think, if, indeed, it's the will of this
commission to embark on this project.
MR. HUNDEN: Yeah, we'll clarify that, absolutely.
COMMISSIONER TAYLOR: Okay. Thank you.
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CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: I guess this is more for staff, or
-- is this outside our AUIR process?
MR. CASALANGUIDA: Yeah.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: Okay. So we're not going to be
using impact fees for the development of future --
MR. OCHS: We'd have to determine that through the feasibility
study that we're asking for as part of this executive summary, look at
various revenue streams, see what would qualify and bring back some
recommendations. But this primarily is a sports marketing initiative as
part of your tourism area.
COMMISSIONER HENNING: Right. Well, if one of the
recommendations is to use impact fees, and that's always easy to use
other people's money, you can't deny our existing residents to use those
facilities.
MR. OCHS: Sure.
COMMISSIONER HENNING: And this is something totally
different. From what I hear is, is it's not for local residents. It's for
tournament-type uses.
MR. HUNDEN: That is really up to the governance of the
facilities.
COMMISSIONER HENNING: But I'm hearing I'm wrong -- or
not hearing or seeing that I'm wrong. It is going to be just like we use
at the North Regional Park, is you're going to have local use and --
MR. OCHS: And tournament playing.
COMMISSIONER HENNING: And tournament.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: Okay.
MR. HUNDEN: To the extent that you have synthetic turf, your
ability to max out usage for both local and inbound is higher. There
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are some places that only allow tournaments, which is a pretty extreme
approach, so -- but it's also not just community rec where it's just for
locals. So it's supposed to have -- should -- generally most
communities have a balance.
COMMISSIONER HENNING: Okay, thanks.
CHAIRMAN FIALA: Okay. I'm going to just take one more
right now, Commissioner Nance. Then I want to ask the audience --
and as soon as Commissioner Nance is finished, I'll ask the audience,
do any of you -- and you don't have to raise your hand now. Do any of
you have specific questions for this team of people, or would you like
to speak on the subject?
And I will call on you next. Because they've got to leave, so I'm
going to take the people who are not first in line but the people who
need specific questions for this team; otherwise, we'll listen to
everybody as we --
COMMISSIONER HENNING: I think we should have a
workshop on this.
CHAIRMAN FIALA: Okay. So Commissioner Nance, and then
we'll move on.
COMMISSIONER NANCE: Gentlemen, thank you. I think
your report was very complete and short and to the point.
I just -- the only question I have is, do you additionally provide
implementation consultation for these sorts of activities?
MR. HUNDEN: Yes. So part of our term was Mike Mallay, who
participated a lot on this and, really, his expertise is in sort of the
actuization (phonetic) of this. So I think the answer is yes, but we
would sort of-- HSP would kind of step back and be a secondary role
to Mike in that setup.
COMMISSIONER NANCE: Okay, thank you.
CHAIRMAN FIALA: Okay. Now, audience members, specific
questions to these or just comments in general?
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MR. HARTGRAVE: I have a question.
CHAIRMAN FIALA: Okay. And then the rest of you we'll call
as -- just a little bit later, okay?
MR. MILLER: Sir, are you a registered speaker for this item?
MR. HARTGRAVE: I was the next item, but I had a question
about the study. I guess no.
CHAIRMAN FIALA: No, I'm sorry. Okay, fine. Okay. Now,
then --
COMMISSIONER HENNING: For the general public to have
questions of a presentation is new to me.
CHAIRMAN FIALA: Well, I just thought, you know, in case
they had a comment on it that these people could answer. I just wanted
to do that. I know we don't normally do that, but they're leaving town,
so I tried to be specific on that.
Okay. Commissioner Hiller, and then we'll go to the audience.
COMMISSIONER HILLER: One of the concerns that I have --
and I've worked with Jack Wert and his staff on this when I was chair
of the Tourist Development Council. We did an analysis similar to
what you presented today and that is showing what the average room
rate was during, you know, the various months of the year and days
and also looking at the extent to which the existing infrastructure was
not being optimized.
And, obviously, we came to the same conclusions that you came
to. And you can go back, and Jack has that study, and you can
compare what you came up with versus what our staff analyzed on a
more superficial level but, you know, to the same end.
To the extent that we were -- if we were to start adding facilities
to accommodate tournaments, what's key for me is to see how we
would start using existing infrastructure like hospitality infrastructure
in the off season, because that's the whole purpose of the sports
marketing.
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As you properly pointed out, in season we're overflowing, and
we're actually pushing business away, so that's a problem, because
that's lost sales. But we're also in a situation where we're not getting
the sale on the opposite side of the equation.
So that's what we have to look to balance, and that's the analysis
that, you know, we really need to see to tie all of this together, because
I want to see the return on the investment on the infrastructure that has
already been developed in addition to what additional infrastructure we
need to build to increase the -- you know, the -- to increase the
financial return in the off season.
MR. HUNDEN: Right. So just to clarify, the impact analysis
was relative to not only -- so if you build the recommended scenario,
then that is the impact from both your existing and additional.
COMMISSIONER HILLER: So like, for example, in the off
season where you had 60 percent, that is the impact of the combined,
the existing and the new?
MR. HUNDEN: So what we do is we say, okay, how many new
day-trippers and how many new overnighters are we going to get, and
it's broken down by, you know, how many -- it's a quite an extensive
model. How many tournaments by type, what's the attendance of
participants? What's the attendance of families? And we're pretty
conservative with those expectations and projections.
And then that goes into, okay, how many of those are
day-trippers? How many of those are overnighters? How many of
them are local? And for each one, there's sort of assigned a spend per
day. And to the extent that they fill hotel rooms, then, obviously, that's
a greater impact than if they're just day-trippers, which most of them
wouldn't be.
And for some of those, it would actually suggest and support the
development of additional select service hotels in and around the area
that it's developed to help support that.
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COMMISSIONER HILLER: I just really would like to see the
schedule that shows the incremental return for the additional
investment in the facilities, especially in the shoulder season.
MR. HUNDEN: Okay. Well, perhaps -- I think that's a great
off-line conversation to have with staff and with Jack.
COMMISSIONER HILLER: That's fme. But you understand
my point.
MR. WERT: I do, and we've got most of it.
COMMISSIONER HILLER: Okay, good.
MR. HUNDEN: Yeah. I think it may be just explaining where to
find it.
COMMISSIONER HILLER: Sure. Yeah, not a problem.
CHAIRMAN FIALA: Just a question. I'm watching your time,
not mine.
MR. HUNDEN: We appreciate it. Thank you.
CHAIRMAN FIALA: Just, the last question is, I didn't notice
anything in your presentation that mentioned if an area -- say, for
instance, 60 acres, I'm thinking of one, Manatee, but it's surrounded by
housing developments everywhere. So you would have to be kind of
careful in something like that because of night games, loud speakers,
lights, and so forth, and especially if the houses are just bordering that.
Do you still consider them part of the field, or do you take that
into consideration when you're recommending?
MR. HUNDEN: Well -- so we've been very careful not to make
any specific recommendations because, like politics, everything's local.
So you-all sort of have to make decisions based on your criteria that
overlay with the market-based criteria, and I think you'll make those
decisions. And we're happy to help. And, in fact, we're starting to set
you up for that next phase of analysis.
But I don't think we'd be so presumptuous as to say, you know,
you should do this in this spot, but we can say these are the pros and
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cons. But, of course, everyone's got opinions, so you may have
neighborhood groups that say, you know what, not my backyard. So,
you know, you just sort of have to play through those.
CHAIRMAN FIALA: Very good. Now, on behalf of all of us, I
really thank you for being here, and I'm sorry that we ran so late. I
hope you make it back in time.
MR. HUNDEN: We know that whatever you develop will be
beautifully landscaped.
CHAIRMAN FIALA: Yes, sir. Thank you.
COMMISSIONER TAYLOR: And just one quick question. It's
your recommendation from what I've read -- and I just want you to
repeat it on the record -- that rather than bifurcate this complex, is that
we find a site that we put it all in the area, ideally not only the
facilities, but ancillary hotels or whatever?
MR. HUNDEN: That would be ideal. That would absolutely be
ideal, yes.
COMMISSIONER TAYLOR: Thank you.
MR. HUNDEN: Thank you.
CHAIRMAN FIALA: Thanks. And I did like your comment
about the trying to contain the whole tournament in one park rather
than just filtering it out. We found with the pickleball groups, there
were -- we were divided into 48 fields, but they had -- they loved it
because they could all feed off one another's excitement.
And I would have never known that, and so I was happy to hear
that you put that in your presentation as well.
MR. HUNDEN: Absolutely.
CHAIRMAN FIALA: Thank you for everything. We appreciate
you being here. Good luck, drive safely, and God speed.
MR. HUNDEN: Thank you. Appreciate it.
CHAIRMAN FIALA: All right. So would you like to -- we have
10 speakers, right.
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COMMISSIONER TAYLOR: I think we should hear them.
MR. MILLER: Yes, ma'am.
CHAIRMAN FIALA: Pardon me?
MR. MILLER: Yes, ma'am.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: I think we should hear our
speakers.
MR. MILLER: We are going to --
CHAIRMAN FIALA: That's what I'm doing.
COMMISSIONER TAYLOR: No. I thought you were asking
me "would you like." I thought you were asking me a question,
ma'am.
CHAIRMAN FIALA: Oh, no. I noticed you kept talking, and I
was trying to ask, we have 10 speakers, right?
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: Okay.
MR. MILLER: All right. And I'm going to ask the speakers
again, in the interest of time, to use both podiums. Your first speaker
is Garrett FX Beyrent. He'll be followed by Nicole Johnson.
MR. BEYRENT: For the record, I'm Garret FX Beyrent. I want
to thank a few people here before they leave. They're already leaving.
I want to thank Ethan Olson; he just did his presentation.
I only gave him the information about my PUD, which is 93 acres
-- it was missing from his original study, and I informed him -- I said,
why don't you include me? And he said, I couldn't -- you know, it was
divided up into two PUDs, so they didn't assume, like I did, that they
considered over 60 acres.
But in any case, I only gave him the information, like, five days
ago, and it's on the screen today. So that's a hell of a study.
And I want to thank -- here he comes right here -- Leo Ochs for
giving me his personal copy of the study, the Hunden study. It's 260
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pages long.
And I want to thank Nick Casalanguida for telling me there are
technical issues involved in site selection that you have to adhere to to
build a -- any kind of stadium. You've got road selection situation.
And last, but not least, I'm going to give each one of the
commissioners a copy of the only edition that was on the screen there
that's not part of your paperwork.
It's only three pages. You can throw it away after you look at it.
Except you.
COMMISSIONER TAYLOR: I have one of those from
yesterday.
MR. BEYRENT: No, that's the new one.
COMMISSIONER TAYLOR: Oh, this is the new one, okay.
MR. BEYRENT: In any case, I just want to say that, strangely
enough, 27 years ago I brought a PUD in front of the Board of County
Commissioners, myself and four other developers. It was 370 acres,
and it was at the northwest quadrant of I-75 and Collier Boulevard, and
it was called the -- get this -- the Naples Sports Complex. I swear.
It was 370 acres, and all of the developers went on to other
locations and did other things because our tenant at the time, our
proposed user and the center of attraction, was the Toronto Bluejays,
and, of course, they didn't come to Naples. And there was three other
baseball stadiums that earmarked this same 370 acres for baseball, and
they never came to pass.
So what I've proposed on my piece was pickleball stadium as
opposed to a baseball stadium, because I agree with the Hunden Group
that, basically, things are changing now. And pickleball stadiums will
be the new thing that Donna Fiala's actually going to orchestrate. And
when she becomes the queen of pickleball, what we're going to do is
we're going to take her out to the Naples Sports Park and throw her in
the sippy hole.
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CHAIRMAN FIALA: No, in the pickle jar.
MR. BEYRENT: Oh, in the pickle jar.
And that's all I have to say. So that's -- I went over three quarter
minutes. Thank you very much.
MR. MILLER: Your next speaker is Nicole Johnson. She'll be
followed by Dean Lohman.
MS. JOHNSON: Good afternoon. For the record, Nicole
Johnson here on behalf of the Conservancy of Southwest Florida.
And the Conservancy isn't taking a position on whether or not the
county should pursue additional athletic fields for sports tourism.
Certainly, the report that was done by Hunden was very thorough, and
there are some sites in there that certainly could be evaluated for
further consideration.
We do appreciate that the North Collier Regional Park is going to
be part of a larger community meeting, additional discussion, but there
are just a couple things that I wanted to respond to that were part of the
presentation that I think need to be out there as everyone's thinking
about the North Collier Park site between now and that parks and
recreation meeting.
The first thing is the consultants referred to North Collier
Regional Park as the crown jewel, and they were referencing that as far
as the athletic fields. I think that that is looking at it maybe a little
myopically. North Collier Regional Park itself is the crown, and the
jewels that are in that crown are all of the variety of the amenities that
that park contains, and that includes the conservation easement
protected preserve, which is a park amenity. It includes the water park,
it includes the children's museum, and it includes the athletic fields.
So all of those parts are part of the jewels that make the crown
that makes North Collier Regional Park so special and so important.
That preserve is used by so many people as an amenity.
We don't see any recommendation to tear down the water park to
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put fields in. Why is that? The water park is an acknowledged
amenity. Well, so is the preserve. An amenity is not a placeholder for
further intensification.
The other point is, on one of the slides it talked about land
mitigation, a potential challenge. That is the understatement of the
year. That preserve was required because when the county built that
park they wiped out over 50 percent of the on-site wetlands. So the
preserve is required for mitigation. It is required to be preserved as
part of the permit condition for park construction. It serves as a
regional flow-way. It serves as stormwater management. You go out
there; it is wet by design.
So all of those issues kind of come together. And when you look
at the aerial photo, when you look at the benefit that that preserve has
as a quality-of-life amenity and for wildlife, that really is not the place
to look for future sports tourism opportunities.
There are a lot of good sites that are on the short list, and we
would ask that you focus on those. And we look forward to
participating in the upcoming community meetings.
Thank you.
MR. MILLER: Your next speaker is Dean Lohman. He'll be
followed by Cassandra Conrad.
MS. LOHMAN: I'm Dean Lohman, and I live in Marsala, which
is a short distance from the North Collier Regional Park.
My husband and I use the park on a frequent basis. We fully
support everything that is in the report from Nicole Johnson and her
statements here today.
Additionally, as a resident in Marsala, I would point out the
traffic congestion at Immokalee and Livingston that would occur, and
there's a great deal of congestion just from local traffic at this time.
In the interest of time, I will stop at that point and thank you for
your consideration.
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MR. MILLER: Your next speaker is Cassandra Conrad. She'll
be followed by Michael Seef.
MS. CONRAD: Hi, thank you. Cassandra Conrad. I am Wilshire
Lakes Homeowners Association president.
And Wilshire Lakes is a bordering community of the park. We
have an open border with the park. This would be very detrimental to
our community as well as the preserve if this goes forward for the
North Collier Regional Park.
We stand with the Conservancy. We do not want this park to be
developed. We like the idea of future sports in Collier County, but just
not in our backyard.
We also have a petition that we had signed. Within 72 hours,
we're just four signatures short of 500, and we've also done some
homework for you-all. We have about 20 pages of comments from
residents all around the bordering communities that we can share with
you as well.
Thank you.
MR. MILLER: Your next speaker is Michael Seef. He'll be
followed by Linda Joyce.
MR. SEEF: Good afternoon, Commissioners. Michael Seef, for
the record. I'm representing Collier Citizens for Sustainability.
I live about four, three-some miles from the North Collier
Regional Park, and I'm an occasional user. I won't say I go there every
day or every week, but sufficient to make it a very important
destination in our urban area, which is rapidly turning gray from
concrete and lots of-- lots of cars and traffic.
We moved to this area, to Collier County, because of what was
available in the urban area, not an hour away but nearby where we
could have passive recreation. And I think we're not alone in that
respect.
We have lots of friends and lots of people we know who
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appreciate Freedom Park, The Greenway, naturally, the beaches, but
here's a place in North Naples Regional Park with a wonderful
preserve with a conservation easement, as was just mentioned, which
is a promise to people like us who've moved to the area because of that
and, by the way, also tourists.
I think there are a lot of tourists who would be interested had they
known about what's available. They go there and walk and jog and
bird watch and whatever. So, you know, it's not devoid of tourist
demand to have passive recreation.
So let's keep that in mind before we think about just hotels and
big sports things and, most of all, that there's a promise of having a
conservation area in the nearby urban area, which I think is critical.
Thank you. I hope you make the right decision by avoiding North
Naples conservation area.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HILLER: And just so you know, this was
pulled off the agenda, and there will be a public information meeting
where all the details can be discussed with the community and staff
and the presenters of the report, and then there will also be another
meeting with the Parks Advisory Board.
So all these issues can be really addressed in full detail rather than
three minutes here, because I don't feel that this report has been
appropriately vetted with the North Naples community surrounding the
regional park, and I think it's very important that that happen.
CHAIRMAN FIALA: Thank you.
MR. MILLER: Your next speaker is Linda Joyce. She'll be
followed by Gaylene Vasaturo.
MS. JOYCE: Good afternoon. I have a whole new appreciation
for your job here.
I'm Linda Joyce, and I live within walking distance of North
Naples Regional Park, and I do use it on a regular basis, sometimes
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twice a week; in those cooler months, three times a week.
My neighbors and I enjoy biking there, walking our dogs, or just
walking with each other. Hey, you want to go up to the park? We all
need exercise.
And we've all kind of retired at the same time; me a little earlier
than some of my neighbors because of the loss of my husband. But I
sold my St. Louis home and my Fort Myers condo because I love
Naples, and I love North Naples Park and where I live.
I'm going to make this short and sweet. I support the
Conservancy of Southwest Florida's position that North Naples
Regional Park be taken off as a potential site for expanded Collier
County sports facility. Nicole Johnson has educated me this last year.
I've gone to her to help protect the preserve behind my home, the same
connected preserve.
Brad Cornell is here. He's one of the first people I called to help
save the preserves for the wildlife that you will hear all about, a packet
that I've given to Nancy Gundlach this week, which I've shared with
some of you, of the beautiful wildlife that inhabit the
wetland-dependent preserves that will be impacted.
Thank you.
MR. MILLER: Your next speaker is Gaylene Vasaturo. She'll be
followed by Brad Cornell.
MS. VASATURO: Good afternoon, Commissioners. I live in the
Vineyards. Thank you, Commissioner Nance, for all those oak trees. I
love them.
But here today I wanted to ask that you permanently remove the
North Collier Regional Park from further consideration for expansion
of location of athletic fields.
I understand you're going to have a public hearing, that's great,
but at least I'll take a brief statement here to you-all, and that is the
preserve has a tremendous value to the residents in Naples and Collier
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County.
I enjoy walking and bird watching there as do many people,
which I'm sure you'll hear from as we go through the public hearings
for all the various activities that are there.
That has a wonderful boardwalk through a Cypress swamp where
you will likely see a Big Cypress fox squirrel, which is on the state's
endangered and threatened species list.
With all the development that's going up along Livingston Road
and Vanderbilt, this is a much-needed natural area. It's something
really -- it's unique from other county parks. And, certainly, the new
home -- many of the new homeowners in that area have relied on
insurance of that preserve being protected in perpetuity by the
conservation easement.
I agree with what Nicole Johnson said. She talked about the
easement. The easement itself states that the preserve is to, quote,
remain in full force and effect forever.
And according to the easement, the purpose is to retain land and
water areas in their natural vegetative hydrologic wooded condition
and to keep the area suitable -- as suitable habitat for fish, plants, and
wildlife.
And I'll just add this: Do you know that that park is a birding hot
spot? It is on Cornell University's eBird website; over 95 species of
birds have been seen in the last few years in that area.
So I hope -- and, again, I'll use my other opportunities to address
this, but I hope you do the right thing and you recognize the value of
this preserve to the people who live here.
Thank you.
MR. MILLER: Your next speaker's Brad Cornell. He'll be
followed by David Galloway.
MR. CORNELL: Good afternoon, Commissioners. Thank you
for the opportunity to address you on this issue.
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I'm here on behalf of Audubon of the Western Everglades and
also of Audubon Florida, Corkscrew Swamp Sanctuary.
This is a big issue. It was a long report. There's a lot of exciting
and very interesting material to consider in this.
I also want to raise your attention to the fact that I'm sure you're
aware that in siting such facilities, we have to take into consideration,
all of us, all the community impacts from transportation to
infrastructure to the actual site qualities themselves.
And to that extent, I would just share this. I don't think we should
be looking at a trade of regionally significant resources, wetlands and
wildlife habitat, for sports facilities. Both of these are vital to a vibrant
and sustainable community with a high quality of life, both of them.
But wetlands and wildlife habitat are already established in place,
and you have a lot more flexibility in siting sports facilities.
So using that criterion, I urge you to consider that as you move
forward. Thank you.
MR. MILLER: Your next speaker is David Galloway. He'll be
followed by Susan Calkins.
MR. GALLOWAY: Thank you, Commissioners. And I didn't
want to delay the fact of wasting any more time of this -- everyone's
time, but it's pretty important on these issues to speak publicly, and we
appreciate it, even though I had a conversation with Commissioner
Hiller earlier, and I know there's going to be community meeting on
this issue.
I'm not one of the ones that live right near that Collier -- North
Collier Park, but with that being said, I -- and most the folks that I
know in this room know that I'm a strong proponent of economic
development. We know the money runs the show.
But at that time -- and this particular incident (sic), that preserve
is there and that should be there forever. Taking almost 90-some acres
and putting -- taking 60 acres of that, approximately, to make it a
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ballpark facility of some type, or athletic fields, is probably not the best
use of land that we have in Collier County.
We all know that this is pretty valuable land. It's something that,
with all the wildlife that -- all the preserves, if you go up 41 and see all
those developments now that have cut into all those major wetlands
that were wetlands at one time -- of course, time changes that, right?
Forty years ago, you never would have thought something would have
been developed along some of those, even 20 years. Now you don't
find a turtle, an animal, a bird, anything in those areas because they're
just concrete.
That's something that, with the park being designated years ago
for that preserve, I think it's very, very important to look at that and
have other people in the surrounding counties -- you know, we have
the Everglades, and look at the issues that are happening in the
Everglades. We need to preserve a park that is -- has all the amenities
of versatility there that help everyone and not just particular groups
even though there's other areas in Collier County that we could use to
facilitate these sports outreach programs, which I think is very well
needed for the economic aspect.
Thank you.
MR. MILLER: Your next speaker is Susan Calkins. She'll be
followed by M.E. Cash.
MS. CALKINS: Yes, I'm Susan Calkins. I live about four or five
miles from the park. I do use it, and I am here to speak to both the
park but also, given all our discussion, I'd like to say I've spent a large
part of my career studying and working in the area of ecotourism.
And I think, as Mr. Wert knows, there's all kinds of tourism.
There's historical tourism, cultural tourism, ecotourism, and there is
sports tourism.
And I think that maybe we should really talk and think hard about
whether we really want to put our resources in the area of sports
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tourism or if, perhaps, our strengths aren't in other areas.
We call ourselves and market ourselves as the paradise coast.
And I don't think that by taking preserve areas, whether they're park
areas or whether they're PUD preserve areas, and turning those into,
you know, a sports complex is really in keeping with that notion of the
paradise coast.
I think people come here because they like this thing called sort of
a natural Florida, the thing we've been kind of talking about earlier
today when we were talking about landscape. You know, what is it
that draws people here? And it certainly isn't, you know, traffic, and it
isn't pavement, and it isn't necessarily sports complexes.
So I really hope that you think really seriously before we jump on
a bandwagon of sports tourism, which, you know, is decided by
relatively few people. Let's think about what our community needs
and wants. And that takes a priority.
Thank you.
MR. MILLER: Commissioners, your final speaker on this item is
M.E. Cash.
MS. CASH: For the record, Mary Ellen Cash. How you doing?
Okay. That was a great lead-in to what I have to say.
I'm here on behalf of Multicultural Community Advisory
Alliance. Sorry Victor Valdez couldn't be here himself, but he's sick
today. He had meant to be here for you.
To follow on what the lady just said, when did we put a
referendum before the community that says that we want this tourism,
this type of tourism, sports tourism?
When I came to Naples in the early '90s, the tourism that
happened here was four-man groups coming to play golf on weekends,
the beach and spa weekends or weeks for families, vacations for
families. Everything was about ecology, about the naturalness of our
community.
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Everywhere my husband and I go now -- because you-all know
what we're involved in -- we hear the community telling us, don't
change Naples. And that's what I'm going to ask you to do. And if
you do want to change Naples, well, ask the community how do you
want to be changed? Because I'm not hearing anybody doing a
monkey -- what's that survey monkey? Survey on the community and
what you want? I haven't heard anything. I've just heard this is what
we're going to get. And that's not the way we do thing, is it?
Okay. So I'm just going to ask you -- because I know all of you,
trust all of you, have known you for a while -- to please let's back up a
little bit before we go forward any more and remember who we are as
a community.
Let's not get into the sports business until we know that that's
what our community wants, okay. Thank you.
CHAIRMAN FIALA: Thank you, everyone. One of the things
that I've enjoyed the most about the parks in general -- I've never been
to the North Collier Park area as far as the birding area goes, but I
know we have another one over in one of our parks in the Eagle Lakes
Community Park, and it's frequented all the time by birdwatchers,
especially. They're mentioned on the National Bird Watching -- in
National Bird Watching Magazine, and it's heavenly.
And I think that we -- although we have 78 percent of our land in
preservation forever, you still need little pockets of preservation every
place to keep it green, and that's -- I think that's what you-all are saying
is, you know, we have these little pockets of land that we can just walk
to. You can't get to Everglades very easily, but you can get to the
pockets of land.
And so we have to keep those, as well, preserved. So just -- I for
one want to agree with everybody.
I think sports is good, I do. I don't even play any sports, but I
really admire it. But I think we can -- we can handle both in the same
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community as long as we preserve the preservation that we already
have in the little pockets of land all over Collier County.
So with that, let's see. I have, the first one, Commissioner
Henning.
COMMISSIONER HENNING: Yeah. Commissioner Fiala and
I were here when the conditional use came forward for the North
Reginal Park, Livingston Park at that time. Actually, they wanted to
call it something else, and I forget what it was, but --
CHAIRMAN FIALA: It was North Naples.
COMMISSIONER HENNING: No, no, no. It was Sun Splash or
something like that, I remember. And it got a lot of criticism from
certain commissioners.
But, anyways, to change the conditional use to do away with the
preserves, I just can't see that happen. So I would hope the future
board doesn't go down that road. We actually required more than what
our own rules are on that piece of property. So I just -- I don't see that
happening.
As far as changing things, we're not changing anything. I mean,
sports tourism has been going on for a while. These fields are needed
by our existing children who don't have enough fields, ballfields, to
play on, and especially in Golden Gate Estates.
There's no question that our kids, whether it be soccer fields or all
kinds of ballfields are needed within Collier County, and expending
tourist tax dollars to promote, you know, pickleball or things like that
is a good thing.
I mean, I forget, how many millions did it generate in the
community in economic development, just that one event? It was --
COMMISSIONER NANCE: It's shocking.
COMMISSIONER HENNING: Yeah. So I know that not
everybody watches or is in tune to what's happening at the County
Commission meeting, but sports is a good thing for our children.
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CHAIRMAN FIALA: Oh, especially for our kids, because they
have other role models there to help them, and it gets them off the
streets and --
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: -- gives them something wholesome to
play at and feel proud of. So, boy, I'm in line with you.
COMMISSIONER HENNING: Well, I'm going to make a
motion to accept staffs recommendations with the added on more
community involvement on any changes at the North Collier Regional
Park.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second.
Commissioner Nance?
COMMISSIONER NANCE: Yes. This is a big idea. You know,
we've talked about small ideas, big ideas. This is a big idea. I think it
has got tremendous potential. I think it's got tremendous potential not
only to supply some economic development and much-needed
diversification in our revenue stream, but it also has the ability to
supply a bunch of new facilities for residents, much as our beaches.
You know, we use tourist development money to renourish our
beaches, but those beaches are core to our residents. You know, not
only do our guests use them and enjoy them and does it attract them to
our community -- and I think sports will do the same thing. It's a clean
industry. It fits our sunshine. It fits -- it fits our brand. But we need
places to put these, and we need a lot of space.
In the small print underneath this tremendous analysis that we just
saw, you'll notice that it says, you know, it's nice you build -- this is
our recommendation for what you build but, PS, it needs to be
expandable, okay.
So what you don't do is you don't take something like this and try
to fit it into North Collier Regional Park because it's something where
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you have a limited amount of room. You go out, and you try to do
what we're doing right now in our Growth Management Plan study
when we talk about the rural fringe and some of those areas out there.
You find some of this area that we have available that's open and it's
recommended for thoughtful development, and this is where you try to
site and locate some of these things where you can do a nice job, build
a beautiful facility, have room to expand it, have room so that your
parking lots double dip. I mean, this has the ability to provide not only
sports venues but entertainment venues. It's going to have a lot of
infrastructure here.
So I certainly support the motion, but I think we need to find --
you know, we need to -- we need to look at our Growth Management
Plan and restudy and find the place to do things like this.
So I'm looking for staffs thoughtful feedback on options and their
study.
CHAIRMAN FIALA: Okay. And, finally, Commissioner
Taylor.
COMMISSIONER TAYLOR: Well, these aren't my thoughts,
but I think they're very wise thoughts of staff that, over these months
with this consultant's report has been brought forward and reviewed,
and drafts have gone out that we're at a stage in Collier County where
we can talk about sports, perhaps, as an economic driver.
This is sports tourism, but it may be part of economic
development also. And I think it's a very interesting and probably very
valid concept. And it is called diversification, and it is something that
all communities need to assess, where are you -- where are you going
to become less dependent on ad valorem and allow our economy to
grow? And what better place to allow our economy to grow when it
starts with our children and what they can -- what they can achieve and
their dreams.
And we all know the cost of college. These parents aren't
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traveling around the United States and spending a lot of dollars.
And, Mary Ellen, you and I know a lot about that because your
daughter and my daughter played volleyball. We know what that is.
But the prize at the end could be a college education.
And so it's a very exciting time. I'm very honored to be here, and
I support staff, and I support everyone up here --
CHAIRMAN FIALA: Okay. I have a motion --
COMMISSIONER TAYLOR: -- that want -- that are voting for
this.
CHAIRMAN FIALA: I have a motion on the floor and a second.
Any further comment?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (Absent.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: So we've got a 5-0. I know Georgia --
where did she go?
COMMISSIONER TAYLOR: To the loo.
CHAIRMAN FIALA: Oh, okay. Yell, Georgia. I'm sure it's a
5-0, but right now we have four on the dais. Thank you very much.
And with that, we're going to go to lunch.
MR. OCHS: One hour?
CHAIRMAN FIALA: Yes, sir.
(A luncheon recess was had.)
CHAIRMAN FIALA: Will everyone take their seats, please.
Very good.
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June 28, 2016
We're now in our afternoon session of the Board of County
Commissioners meeting for this fine day, June 28th, 2016.
Leo?
MR. OCHS: Yes, ma'am.
Item #11B
CONSIDERING THE EXPRESSED INTEREST FROM THE
ATLANTA BRAVES IN RELOCATING ITS MAJOR LEAGUE
BASEBALL SPRING TRAINING OPERATIONS TO COLLIER
COUNTY, AUTHORIZE STAFF TO CONDUCT NECESSARY
FEASIBILITY ANALYSES AND DUE DILIGENCE ON THIS
PROJECT PROPOSAL AND REPORT RESULTS TO THE
BOARD FOR SUBSEQUENT ACTION — APPROVED
MR. OCHS: Thanks, Madam Chairman.
The next item on the agenda is Item 11B. That was to be heard
immediately after 11A, and this is an item that is coming back to the
Board subsequent to the original presentation that the Board heard in
April of this year from representatives of the Atlanta Braves.
The Board heard a proposal from the Braves with the prospect of
relocating their spring training operations to Collier County to begin
with the 2018 spring training season.
The Board did not favor the specific site that was part of that
proposal but, by a 4-0 vote, did tell the Braves representatives to tell
the Braves that if they still had an ongoing interest in Collier County at
another site that they should contact my office and certainly pursue
that if they would like.
Subsequent to that April meeting, I did receive a couple of phone
calls from Mr. Schuerholz, the vice chairman of the Atlanta Braves,
indicating that he did have -- or the Braves did have ongoing interest in
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June 28, 2016
Collier County of potentially some other sites.
That turned into a face-to-face meeting on June the 1st of this
year where he reiterated their interest but indicated at that time that
their plans had been modified slightly, and now they're looking to open
a spring training operation in the spring of 2019, not 2018.
As you will recall, as part of our discussion back in April, the
staff always felt even if they had a site that the Board favored, that it
would be difficult to get all the approvals in place and get a facility up
and running in early spring of 2018.
So after that June 1st meeting, I asked Mr. Schuerholz to put his
expressed interest in writing, which he did, and I've shared that letter.
It's part of your agenda packet.
So at this point, the staff is recommending that the Board
authorize us to conduct some feasibility analysis and some further due
diligence on the proposal continuing to discuss the issue with the
Braves and then bring back that analysis in the fall and let the Board
know what we believe in terms of potential feasibility and cost and
recommended site options and all the other things that go into a
feasibility analysis.
So that's essentially the recommendation, and we're ready to
answer any questions you have may have.
CHAIRMAN FIALA: Thank you very much.
Commissioners, I have one who wants to ask a question right
now, and that's Commissioner Nance.
COMMISSIONER NANCE: No. I'll just wait -- I'll wait until
after the public speakers, if you'd like, ma'am.
CHAIRMAN FIALA: Okay. How many speakers do we have?
MR. MILLER: Madam Chair, we have seven registered pubic
speakers for this item.
CHAIRMAN FIALA: Okay.
MR. MILLER: Our first speaker is Garrett Beyrent. He will be
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June 28, 2016
followed by Nicole Johnson.
MR. BEYRENT: I'd like to surrender my three minutes to Ron
Rice, if he would like to talk.
MR. MILLER: All right. Let's -- did you register, Mr. Rice?
MR. RICE: Sure. Oh, no. I beg your pardon. I didn't. I was
going to wait and --
MR. MILLER: Okay. Well, let's just go ahead and go with
Nicole Johnson.
COMMISSIONER TAYLOR: Mr. Rice, Mr. Rice, if you do
want to speak, you need to register.
MR. RICE: Oh, I beg your pardon.
MS. JOHNSON: Good afternoon. For the record, Nicole
Johnson here on behalf of the Conservancy of Southwest Florida.
The Conservancy doesn't have a position on whether the county
should or shouldn't move forward with considering a spring training
stadium for the Atlanta Braves, but we do want to urge caution in one
of the sites that we've heard sort of bantered about as a possible
location, and that's the county's property adjacent to the landfill near
I-75 and 951.
We're concerned about any traffic-inducing and traffic-generating
uses on that site, Atlanta Braves or otherwise, that would depend on
the extension of the Wilson Boulevard/Benfield Road corridor and the
construction of a flyover over the interstate.
Many of the permitting and regulatory agencies have already
weighed in with concerns about that road corridor, and we think that it
would be premature for the county to move forward with consideration
of a spring training stadium there with those roads constraints in place
and also would like to point out that the county is pursuing a -- I don't
like to use the word "flowway," but essentially reconnecting
hydrologically from the Golden Gate Canal down through this very
site, that 300 acres, and underneath the interstate to help rehydrate the
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North and South Belle Meade systems. So we'd want to make sure that
nothing done there would interfere with that hydrologic restoration that
the county is pursuing.
So with that, we just urge caution on that particular site. And,
again, no position on bringing the Braves here or not. Just making sure
it's always location, location, location.
Thank you.
CHAIRMAN FIALA: I never even knew that. Thank you.
MR. MILLER: Your next speaker, Dr. Joseph Doyle. I don't
think I see Dr. Doyle.
Louis Pishe. He will be followed by Jason Hartgrave.
Go ahead, sir.
MR. PISHE: All right, thank you. My name is Louis Pishe, and
I'm here on behalf of Americans for Prosperity. Thank you very much
for allowing me to speak today.
As far as Americans for Prosperity, we're -- we believe in the free
market, so we believe that if the Atlanta Braves want to come here and
spend their money to have the stadium, we're for that. What we're not
for is taxpayer money going to the Atlanta Braves for the stadium.
So I just wanted to bring up a couple points, and they are from the
Office of Demographic Research -- Economic and Demographic
Research. It's a 47-page study on spring training facility subsidies, and
the first item we wanted to bring is the Office of the EDR found that
the state spring training incentive only returned 11 cents on every
dollar to the state spent.
And high-paying jobs created by pro sports teams are usually few
in number and are held out by -- are held out of state individuals,
players, owners, league executives. And state economists found that
this program created an average of 73 jobs per year for a program that
cost 4.2 million per year. This means that the state spent $57,000 on
every job created.
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June 28, 2016
And the 2009 MLB, Major League Baseball, Florida Spring
Training Economic Impact summary found that spring training
facilities bring less than 120,000 tourists per year for a state that
currently hosts over 100,000 million tourists each year, which only
constitutes a 0.1 percent of state tourism.
CHAIRMAN FIALA: Thank you.
MR. PISHAY: And that is it. Thank you very much.
MR. MILLER: Your next speaker is Jason Hartgrave. He'll be
followed by Keith Flaugh.
MR. HARTGRAVE: Greetings. It's good to see all of you again.
Thank you for the opportunity to speak.
I'd like to echo -- thank you for those comments. We agree. As
part of the Libertarian Party of Collier County, we're against any sort
of inducements and use of taxpayers' funds in order to do this.
We would welcome the opportunity for the Braves, but let's make
this a free-market solution. In fact, if we're even talking about
feasibility studies and we're doing that with using our county
resources, there's a dollar cost that we're paying all of these county
employees, so we're already investing in the possibility of, perhaps,
finding a site.
Perhaps, if the Atlanta Braves were really serious about coming to
this area, they could put that -- or reimburse us for the cost of doing
some of these studies or working for the opportunity in their behalf in
order to produce this data for them.
You know, we just had a report, and I don't even want to
speculate how much that cost us but, you know, there is a cost to
engage these strategic firms in order to produce this data for us.
So we're already asking to, you know, put the taxpayer money --
and we're just not for that as the Libertarian Party of Collier County.
There are many examples on the Internet that you can find of, you
know, projects that are sponsored completely by private funds. There's
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June 28, 2016
a number of opportunities that are available in the day and age of the
Internet to raise the funds for any sort of project that we want in Collier
County, crowd-sourcing funds.
If we wanted to build the new university or anything like this, you
know, they can have commemorative baseball bats, bricks, naming
rights to the stadium; all these things could be used in order to raise the
funds for the stadium itself. But if it's not a sound investment to begin
with, then it just doesn't make sense.
And if the Atlanta Braves really want to come to this area, it
would make sense that they would be paying for this type of data.
So that is where we stand on that, and we would appreciate you to
consider our feelings as citizens and taxpayers in Collier County.
Thank you.
MR. MILLER: Your next speaker is Keith Flaugh. I don't see
him.
Mary Ellen Cash. She will be followed by Ron Rice.
MS. CASH: For the record, Mary Ellen Cash.
You know, this morning I don't think I made my points clearly.
You know how hard the MCA worked in the initiative to build -- to
plan Big Corkscrew Regional Park. We worked hand in hand with
Tim Hancock. And that is, like, our number one priority. We really
want that park to be built.
So we are not against the parks. What we are is -- want you to
think outside the box. If you want baseball for this area, why don't you
build a beltway or some type of railway system to go from here to
George Steinbrenner, to Jet Blue to Marlin Stadium so that we have
access to all the stadiums, whenever we want it, in a safe way. We
were supposed to have a train ages ago, but Jeb Bush killed it. You
remember that?
So why don't we think outside the box and do something like
that? At the same time, you can link the airports. We need
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June 28, 2016
infrastructure. It's $146 million that you're planning to spend, right?
What are we going to give up for that? Are we going to increase
taxes? Everybody's against increasing taxes.
So if we're going to have to take those funds and use them in a
different way, let's put a train system in so that we can improve our
infrastructure and let tourism grow that way. We really need that.
And that's all I need to say. Thank you.
CHAIRMAN FIALA: Mary Ellen, what was MCA?
MS. CASH: Oh, the Multicultural Community Advisory
Alliance; sorry.
MR. MILLER: Your next speaker is Ron Rice.
MR. RICE: Hello. I have not been here in quite a while. Forgive
my bum ankle.
City Gate would love to be a home to the Atlanta Braves. Let me
give you a few business facts that you may not be aware of.
We -- when we bought City Gate, it was unimproved, but it was
vested. One of the things that we had to do was pay $8 million in
impact fees, which we did.
Let me tell you about impact. We sold a hotel site to a group
from out of town who built two Marriott hotels. Those two Marriott
hotels sold in November. We sold them the land for four million one.
They sold those two hotels for $31 million.
I called up Roger and I said, Roger, what does the county show
now what the land value is? So it went from zero to 4 million, taxable
now at $7,400,000. That's impact. That's impact.
Now, how do we get and why would we entertain this
opportunity? Across the street from me a wonderful guy whose name
is Benderson, the fellow that bought the huge Walmart out -- that you
see out there on 951, I called him up and I said, Randy, when I have
people come in, they come to my place and they look around and they
say, wow, these hotels look great, you look great, everything looks
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great. What the hell's going on across the street?
He owns 50 acres across the street from me. He said, Ron, you're
not in touch.
I said, what do you mean I'm not in touch, Randy?
He said, do you know that Walmart -- I beg your pardon -- that
Target just sold 12 of their stores? Target sold. Didn't build, sold. Do
you know that Target sold their entire pharmacy business to CVS for
two-and-a-half billion dollars? Because owning big-box real estate
right now is not a good way to live, okay.
He also had on the other side an opportunity to build a building
for --
CHAIRMAN FIALA: BJ Wholesalers?
MR. RICE: -- the games.
CHAIRMAN FIALA: BJ's Wholesalers?
MR. RICE: Beg your pardon?
CHAIRMAN FIALA: BJ's; BJ's Wholesalers?
MR. RICE: No.
CHAIRMAN FIALA: Oh.
MR. RICE: In any event, the point that I'm getting at is, things
are not that -- well, all you have to do is sit down and watch TV and
you all know that things are -- you have to keep moving all the time.
You have to keep moving.
If we have this opportunity, I think it might be a wonderful
opportunity to create some jobs, and we have the land to accept that
opportunity.
Thank you very much for your attention.
MR. MILLER: Madam Chair, I just wanted to call the two names
that I didn't get a response for one more time. Dr. Joseph Doyle or
Keith Flaugh?
(No response.)
MR. MILLER: That's all the speakers I have, ma'am.
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June 28, 2016
CHAIRMAN FIALA: Thank you very much.
Commissioner Henning?
COMMISSIONER HENNING: Leo, when do you anticipate to
come back to the Board on this feasibility?
MR. OCHS: Most likely October; maybe November. The
Braves indicated in their letter that they would like some decision by
late this year or, at the latest, early 2017 to meet the 2019 opening date,
so...
COMMISSIONER HENNING: So probably the new board
would be making this decision?
MR. OCHS: Certainly. If the commission wanted to pursue it
after the due diligence and feasibility analysis, I think the real action
items would be taken by the new board.
COMMISSIONER HENNING: Right. Well, I don't mind
kicking this down the road to allow that debate with the new board;
however, personally, I have concerns about the rate of return.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: I mean, there are some benefits,
obviously, bringing in that type of sport into the community, but I'm
always looking at what is the cost and what is the return. So that's my
comment.
CHAIRMAN FIALA: Commissioner Nance?
MR. RICE: What I wanted to say is --
CHAIRMAN FIALA: Mr. Rice, you can't talk from your seat;
but it you'll wait just a minute, Commissioner Nance is called on.
MR. RICE: Thank you. I beg your pardon.
CHAIRMAN FIALA: But then you can come up to the
microphone.
MR. RICE: Beg your pardon.
COMMISSIONER NANCE: Yes. I think the only way that any
board, this one or the next board, is going to be able to make a decision
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is if we allow this analysis and due diligence to go forward. You
simply have to generate a pro forma so that everybody understands
what the true cost-benefit analysis is and what the opportunities are
here, and, you know, who are potential partners might or might not be.
So this is something easy for me to support.
I will say, in my view, that winter baseball is not what it was in
years past. You know, I grew up in Fort Lauderdale, and at that time
the Yankees were in Fort Lauderdale and they had a special winter
baseball stadium that was out there way out near one of the airports at
the time, and it stood out there by itself with the grass parking lot, and
it got used during the winter season. The rest of the year it was closed.
Well, that's not the way it is at all anymore. These are anchor
parts of sports complexes, just like the previous agenda item that we
talked about. So the ancillary things that come with these stadiums, the
fields, the training areas, the parking lots, the businesses, the hotels and
everything that goes with it, are what -- are where the economic --
compound economic benefit can arise from.
So I think that staff has got their work cut out for them. I think
we should allow them to go forward and do just that; and as such, I'm
going to make a motion for approval.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second.
Mr. Rice, you wanted one more comment?
MR. RICE: Just one last --
CHAIRMAN FIALA: No. You can't talk from your seat. You
have to speak into a microphone.
MR. RICE: Beg your pardon.
CHAIRMAN FIALA: I'm so sorry. I don't usually let people do
this, but...
COMMISSIONER NANCE: You don't want to talk us out of it,
do you?
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June 28, 2016
MR. RICE: The other thing that Randy Benderson told me was
he had -- for right at my exit, right across the street from my entrance,
he had Target going here and Sports Authority going here. And, you
know, what happened to Sports Authority; 450 stores. That's all.
CHAIRMAN FIALA: Thank you. Okay.
And, Commissioner Taylor.
COMMISSIONER TAYLOR: Well, and as -- I haven't made my
-- I have made my concerns pretty clearly. About five months I
handed you that report that was referenced here this morning, or this
afternoon, which the -- the State of Florida, which on one hand is
saying that they will underwrite one team to the tune of$25 million
and two teams to the tune of$50 million -- saying it's not a great
investment for our community. You-all have that report. If you don't
have it, I can get it to you again.
I think that we -- I don't think we can do both. I think that one
conflicts with another, but I would be very interested to see if that
could be done.
My priorities are children in our community. My priorities are the
future of this community and not to underwrite baseball, professional
baseball. I don't think that's a good use of taxpayers' money. I can
think of a lot of other ways to spend taxpayers' money besides that.
I don't think professional baseball has anything to do with our
economic growth, and I feel that to allow this to go forward to get the
numbers, I can respect that and I will support that, but my personal --
my personal concerns are pretty obvious; I've made them very clear.
And I'm going to be interested in seeing the data.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes. I just wanted to mention one
other thing.
Mr. Ochs, in passing I mentioned to you the other day my query
as to whether the stadium could -- would be acceptable to the Braves if
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June 28, 2016
it had multiple uses. We saw a diagram today of a stadium that
included a baseball stadium and a soccer field. Now, that may right
out of pocket be unacceptable to them, but please include those sorts of
out-of-the-box sorts of designs in your analysis, if you don't mind.
MR. OCHS: Yes, sir.
COMMISSIONER NANCE: It might be -- it might be an
important element.
CHAIRMAN FIALA: Okay, thank you. I have a motion on the
floor and a second.
Any further comment?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. We have a 5-0 on that.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Madam Chair, that takes you to Item 7 on today's
agenda. That is public comments on general topics not on the current
or future agenda.
MR. MILLER: Madam Chairman, I do have one registered
speaker; Dr. Joseph Doyle. I do not believe Dr. Doyle is here.
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it
June 28, 2016
CHAIRMAN FIALA: Okay.
MR. MILLER: And that is all I had.
CHAIRMAN FIALA: Okay, very good. Moving on.
Item #9A
RESOLUTION 2016-146: A RESOLUTION, WITH
CONDITIONS, FOR A TWENTY-FOUR (24) FOOT 7 INCH
VARIANCE FROM THE COASTAL CONSTRUCTION
SETBACK LINE (CCSL) TO ALLOW FOR THE
CONSTRUCTION OF ACCESSORY IMPROVEMENTS TO A
SINGLE-FAMILY RESIDENCE INCLUDING A FENCE, POOL,
SPA, SUN AND COVERED DECK AREAS, PATIO, STAIRS,
STORAGE, VERANDA, LANDSCAPING AND IRRIGATION,
SEAWARD OF THE COASTAL CONSTRUCTION SETBACK
LINE (CCSL) TO REPLACE THE EXISTING SINGLE-FAMILY
RESIDENCE WHICH WAS 45± FEET SEAWARD OF THE CCSL.
THE SUBJECT PROPERTY IS LOCATED WITH A STREET
ADDRESS OF 10381 GULF SHORE DRIVE AND DESCRIBED
AS LOT 43, BLOCK A, RE-SUBDIVISION OF PART OF UNIT
NO. 1 CONNER'S VANDERBILT BEACH ESTATES IN
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA — ADOPTED
MR. OCHS: Yes, ma'am. That would take you to your
advertised public hearings this afternoon, Item 9A. This item requires
ex parte disclosure be provided by commission members, and all
participants are required to be sworn in.
It's a recommendation to approve a resolution with conditions for
a variance from the Coastal Construction Setback Line to allow for
construction of accessory improvements to a single-family residence.
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This is at Conner's Vanderbilt Beach Estates.
And it would be appropriate for ex parte disclosure right now,
Madam Chair.
CHAIRMAN FIALA: Okay, very good. Would you please
swear in the people, and then I'll get the disclosures.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FIALA: And County Commissioners, starting with
Commissioner Taylor.
COMMISSIONER TAYLOR: I've talked to staff about this item,
and I've read the -- some letters and certainly backup to the agenda. I
was contacted by the -- Mr. Yovanovich's office to arrange a meeting,
but I wasn't able to make that happen, and that's the only ex parte I
have.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. On this item, I have read the
staff report and spoken to staff and had meetings with them. I've had a
phone call with Mr. Yovanovich, and I've received letters from citizens
regarding this issue.
CHAIRMAN FIALA: And I have met with staff and I've also
met with -- excuse me -- Mr. Yovanovich and the -- I'm sorry. I have
to get a good cough, excuse me -- Mr. Yovanovich and the owner of
the property and another person, too. I don't remember even who it
was.
MR. YOVANOVICH: Brett Moore.
CHAIRMAN FIALA: Oh, yes. I'm so sorry. And he was a nice
guy, too. Sony I forgot you, Mr. Moore. Thank you very much.
CHAIRMAN FIALA: Commission Hiller?
COMMISSIONER HILLER: There's Brett Moore. I didn't even
recognize him; it's been so long since I've seen him. I reviewed the
information presented by staff, I did discuss this with staff, and I also
spoke with Mr. Yovanovich.
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June 28, 2016
COMMISSIONER HENNING: Received correspondence from
concerned residents not in favor. I did speak to Mr. Yovanovich
briefly.
CHAIRMAN FIALA: Oh, I'm sorry. I did, too. I also received
correspondence from a number of people. You too; is that what you're
doing?
COMMISSIONER HILLER: (Nods head.)
CHAIRMAN FIALA: Thank you for bringing that to my
attention.
COMMISSIONER HENNING: I don't know what you did or
what you received.
CHAIRMAN FIALA: No, but, I mean, being that you mentioned
it, I forgot that I -- I didn't mention it.
Anybody else received any correspondence?
COMMISSIONER NANCE: Yes.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN FIALA: Okay. Very good. Moving on.
MR. YOVANOVICH: Thank you. Good afternoon. For the
record, Rich Yovanovich on behalf of the petitioner.
With me I have several people that can answer any questions that
I can't answer. Actually, Luke Vidor is the owner of the property.
He's here; Brett Moore, our coastal engineer, is here as well to answer
any questions; Christian Andrea, our landscape architect, is here to
answer any questions regarding the dune replanting plans; Rich
Guzman, who's our residential designer, can answer questions
regarding the proposed home on the property; and then Damon Warfel
is the contractor for constructing the home should we move forward.
I've put on the visualizer an aerial. The property is located at
10381 Gulf Shore Drive. The petition is a request to allow for a
Coastal Construction Setback Line variance to allow for a portion of
the new home that will be built to encroach seaward of the setback line
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June 28, 2016
by approximately 24.7 feet.
The home -- as you can see on the visualizer, there's an existing
residence on the home (sic) already.
Leo, can you help me zoom -- you know what, I've got a better
one.
MR. OCHS: Do you want to zoom in?
MR. YOVANOVICH: Yeah. I've got a better one for you here I
put up there.
What we've shown on the visualizer is -- you can see the existing
residence, and you can see the structure that's going to replace the
existing residence. And there's already an encroachment
approximately 46 feet seaward of the Coastal Construction Setback
Line that's two stories in height, that extends 46 feet seaward of the
line.
What the new home will do -- it will do several things for the
benefit of the community. One, it will replace an older home with a
home that meets all of the most modern hurricane-required codes as
well as it will be designed for wave action that results from storms and,
should the hurricane come, it will actually be designed appropriately
for code; the existing home doesn't. It will also bring back further away
from the beach the existing structure by about 20 feet.
We've seen the letters of objection. The letters of objection -- if I
can, I'll go back to the old -- to the other -- are from the condominiums
on the other side of the street over in this area.
I don't know how the setback variance that we're proposing to
construct would in any way impact their view of the water. I think
their real concern that is an older home is going to be replaced with a
new home that's going to meet the actual minimum elevations and go a
little bit taller.
So I think that their impact is from the new home that's going to
get built regardless of whether or not the setback variance is approved.
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June 28, 2016
And if the setback variance isn't approved, we'll just simply renovate
the existing home and go up and leave everything else where it
currently is.
Likewise, there's a condominium right there. Those individuals
also expressed concerns. They talked about concerns; well, what are
you going to see from the beach? Well, what you're going to see from
the beach is less than what you see from the beach today.
What I really think their concern is -- and I have an exhibit that
kind of shows it -- is I think they also are concerned about what the
new home is going to do to their views that they currently enjoy over
the lower-elevated house.
When you look at this exhibit, you'll see that we're actually less of
an impact from the two-story structure that impacts their views than
the new home or the existing home is. We'll be less of an impact.
Now, one of the questions I was asked, what's the height of the
two-story portion of the home today? It's 25 feet, 6 inches as it exists
today. What's it being replaced with? It's being replaced with an
elevated pool, and then -- that's kind of open air, and then you'll have a
deck above that pool.
Well, the deck of the elevated pool from ground level is 12-point
-- 12 feet, 2 inches. On top of that, you have the -- you know what, I
have a good exhibit for that, too.
I'll read you the numbers, because I'm sure you can't see them.
But the top of the pool deck is 12 feet, 2 inches. Then you get to the
deck above that; it's another 12 feet, 8 inches. So that's 24 feet, 10
inches, in an area that's already encumbered by a structure that's 25
feet, 6 inches.
Now, we do have a rail around the upper portion, but that's, you
know -- you'll basically be able to see better from those condominium
units because you have an open-air area together with the with the
fence that protects the second-story sundeck and balcony, than what's
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there today. We're improving what exists today with the structure.
We invited all the neighbors to come so they can visibly see
where we were pulling everything back. I know it wasn't the best of
times, because we were originally going to go to the Hearing
Examiner, and then the letters came in.
So we invited them to come. Some residents took us up on the
offer. And when they saw how the home was actually being pulled
back versus what's existing today, I think those people in attendance
had their concerns addressed as well as they wanted to make sure that
we would be appropriately landscaping the front of the house and that
we would be not doing a big box.
And the -- I have a good picture of how the home will look. As
you can see, we kind of wedding-caked the second floors to make it
have view corridors for people across the street. It will be very nicely
landscaped.
So I think this will, obviously, be an improvement over what's
there today. It will be a benefit to the community in that area.
Your staff has confirmed that we meet all the criteria for the
variance. There are several variances already given in that area as
well. And we are asking you to follow your staffs recommendation
for approval.
And we can answer any technical questions you may have, but
that's a brief overview of what we're proposing.
CHAIRMAN FIALA: We have a couple speakers.
MR. MILLER: Ma'am, I have one registered speaker; Clifford
MacMorris.
MR. MacMORRIS: Could I use the projector there, please?
MR. YOVANOVICH: Sure.
MR. MacMORRIS: Good afternoon. My name's Cliff
MacMorris, and I represent Vanderbilt Bay Condominiums
Association. They've asked me to come here today and speak in behalf
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of them.
I -- this is a 36-unit, direct -- unit building. It's directly across the
street from the subject property. We have a beach-access easement
directly to the north of the property.
We respectfully ask you to deny the variance request in its current
state for the following reasons: Looking at the first slide, this aerial
map shows the area of the Vanderbilt Beach directly to the north of the
property. This was omitted from the first petition when attempting to
establish reasonably consistent and uniform construction line.
This map shows that the construction sight line of the adjacent
property to the north is at the 1974 CCSL. There's an exception to one
smaller apartment building that was built in 1964 and grandfathered
prior to establishment of the CCSL.
The condominium units, Moraya Bay, which was recently built,
Gulf Side, Vanderbilt Shores, and Bay Shores I and II do not exceed
the CCSL.
The petitioner has identified a wooden lawn chair deck that is
three feet high as a sight line at Vanderbilt Bay. This is not a
permanent structure. It is low profile and does not constitute a sight
line seaward of the CCSL anywhere near compatible to the requested
variance.
On the second page here, an aerial map that has been filed with
the petition and shows several variances. These variances are all from
1976 through 1998, and the homes that were subject to the variances
have been demolished. It is our understanding that a variance is no
longer valid once a home has been completely demolished, and a new
variance must be requested. This has not been done, and any
structures over the CCSL are in violation of the zoning regulations or
were grandfathered in.
The older homes that are seaward of the CCSL are one by one
being demolished and the newer homes being built further back.
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The last two pages are plans that were part of the original hearing
with the hearing commissioner in April and have been omitted from
the hearing today. They show living space on the second floor, a roof
deck above on the third floor, and expansive covered dock over the
pool. These plans are significantly more extensive in scope and scale
than any trend in recent construction.
As you're aware, the Collier County Land Development Code
Section 9.04.03, Section D, states that variances, if granted, will be
minimum variance that will make possible the reasonable use of the
land, building, or structure.
Section E states that granting the variance request will not confer
on the petitioner any special privilege that it denied by these zoning
regulation (sic) and other lands --
CHAIRMAN FIALA: Sir --
MR. MacMORRIS: -- buildings, or structures.
CHAIRMAN FIALA: -- your time is up.
MR. MacMORRIS: I thank you for the time that you've given me
here today, and my friends and co -- people are --just ask you to
consider the whole view of what's going on.
Thank you very much.
CHAIRMAN FIALA: Are you representing the homeowners out
there?
MR. MacMORRIS: Yes, ma'am.
COMMISSIONER HILLER: Are you part of the homeowner's
association, or are you an engineer or professional?
MR. MacMORRIS: I'm a professional that works for them.
COMMISSIONER HILLER: Okay. So are you --
COMMISSIONER HENNING: Professional what?
COMMISSIONER HILLER: Professional, yeah, what?
MR. MacMORRIS: I take care of their property. And they were
unable to be here, so I'm representing them today.
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COMMISSIONER HILLER: Are you a lobbyist for them?
MR. MacMORRIS: No, I'm a speaker for them.
COMMISSIONER HENNING: Paid.
COMMISSIONER HILLER: Is he an engineer?
COMMISSIONER HENNING: No. He's paid as a property
manager representing the homeowner's association. And Jeff said let
it go.
COMMISSIONER HILLER: I'm sorry?
CHAIRMAN FIALA: Jeff said let it go.
COMMISSIONER HILLER: Okay. I just didn't know who he
was.
CHAIRMAN FIALA: Very good. So I have three lights on right
now, and I don't know who came first. I have Henning, Hiller, and
Nance.
COMMISSIONER HILLER: You can take mine off. I was just
asking who was speaking because I didn't clearly understand who he
was.
CHAIRMAN FIALA: Okay. What'd you say?
Commissioner Henning?
COMMISSIONER HENNING: The one exhibit that the
gentleman put up was on Bluebill Avenue? Do you -- is that --
MR. YOVANOVICH: Yeah. I don't know what he put up, but
what I put up is in your packet that shows you where the CCSL line is,
and you will see a great number of the homes are seaward of the CCSL
as they exist today and as have had a variance provided. Here's the
line, and this is the property.
COMMISSIONER HENNING: Yeah. The one exhibit, I know
it said Bluebill -- Bluebill Drive on it, and I don't know if that -- I don't
know that's on the gulf.
MR. MacMORRIS: He has my copies.
MR. YOVANOVICH: I don't have anything.
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COMMISSIONER HENNING: Who's "he"?
MR. MacMORRIS: The clerk just pulled my copies.
MR. CASALANGUIDA: Sir, I don't see Bluebill. I can show
you the exhibits. Do you want to see them?
COMMISSIONER HENNING: Okay. That's -- yeah, just put
them on the viewer so I can see them. Oh, that's Gulf Drive, yeah;
Gulf Shore Drive. Yeah, that the same --
MR. YOVANOVICH: That's why --
COMMISSIONER HENNING: -- same exhibit.
MR. YOVANOVICH: Right.
MR. CASALANGUIDA: Those are just elevations, sir.
COMMISSIONER HENNING: Okay, yeah.
MR. YOVANOVICH: I would just want to correct that none of
the habitable area is seaward of the line. There's the deck I was telling
you about; yes, that's seaward, and there is a little porch -- a little slight
overhang seaward for that -- for a balcony, but there's no -- none of the
actually habitable structure is seaward of the Coastal Construction
Setback Line.
It's just the -- the pool area. And the pool will be designed to be
breakaway like it needs to be in case there is a storm and all of that. It's
-- obviously, you can see it's a high-quality, very expensive home in a
very expensive neighborhood. The home is fitting for what's being
developed in that area.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER HILLER: Yes. Mr. Yovanovich, please
confirm for me, did I read that the construction there has also got a
committed restoration of the dune --
MR. YOVANOVICH: Correct.
COMMISSIONER NANCE: -- plantings and the shoreline
habitat there?
MR. YOVANOVICH: Yes. We're doing dune enhancements,
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and the appropriate landscaping will be constructed in the area.
Christian Andrea can take you through the details if you want to
see that but, yes, that's one of the parts of this plan.
COMMISSIONER NANCE: Thank you.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yes. Thank you.
I just, again, want to have an understanding; the gentleman
represents which specific property?
MR. YOVANOVICH: The condominiums that I pointed out
earlier across the street.
COMMISSIONER HILLER: All right. So it's not any property
beside?
MR. YOVANOVICH: Adjacent, no, sir -- ma'am.
COMMISSIONER HILLER: And what is -- I didn't quite
understand what his criticism was.
MR. YOVANOVICH: I don't understand it either, so I'm not
going to try to paraphrase it. He -- I think what he was saying is it's
not in keeping with the homes that are already out there. And as you
can see from our exhibit, the homes out there already go beyond that
and establish a line further towards the water.
COMMISSIONER HILLER: Well, it sounded to me like he was
suggesting that those properties that were beyond the Coastal
Construction Setback Line had not received variances? I thought that's
what he was alleging.
MR. YOVANOVICH: I don't know, but --
COMMISSIONER HILLER: I mean -- and that's not relevant to
this case.
MR. YOVANOVICH: They have, in fact, received variances,
and you can see that on the exhibit, the exact variance numbers --
COMMISSIONER HILLER: So he hasn't --
MR. YOVANOVICH: -- and when they were issued.
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COMMISSIONER HILLER: -- explained what his objection is
other than he -- they just don't want it? I mean, for the record.
MR. YOVANOVICH: Yeah. I mean, I think it's they don't want
the new house that goes along with it because it will be taller because it
will have to be taller to meet the minimum elevations, and it's going to
impact the view that they've had but will go away, because the house
will get built regardless.
The accessory structures we're talking about have no impact on
the neighbors across the street or the neighbors to the north.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: I'd like a question of staff, please.
MS. ARAQUE: Summer Araque, Principal Environmental
Specialist, for the record.
COMMISSIONER TAYLOR: Just a question. The restoration
of the dunes would have to happen regardless, is that correct, whether
this variance is allowed or not allowed?
MS. ARAQUE: Correct, for any beachfront land development
project. So if they came in for -- to redevelop the property, then we
would require that whether or not the home was seaward or landward
of the CCSL.
COMMISSIONER TAYLOR: Okay.
And then for Mr. Yovanovich. Mr. Yovanovich, one of the
criterias for granting a variance is that not granting it would cause a
hardship. What is the hardship this would --
MR. YOVANOVICH: That's not correct. This is -- there are --
COMMISSIONER TAYLOR: One of the criterias.
MR. YOVANOVICH: No, that's not one of the criteria for this
request. There are limited criteria to go beyond the seaward. Your
normal variance, you're correct, but for this particular type of variance,
there are only four things you look at, and one of them is not hardship.
COMMISSIONER TAYLOR: Jeff?
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MR. KLATZKOW: If you go to your packet, Page 75,
Commissioners, this comes right out of GMP, Policy 10.4.7. It's in
your packet. It requires a hardship, if that's the way you want to go.
CHAIRMAN FIALA: Requires a hardship, but there is none; is
that what you're saying, Jeff?
MR. KLATZKOW: I'm not making the factual determination
whether or not there is a hardship. I'm just telling you it's in your GMP
as a requirement if you're going to get past the Coastal Construction
Setback Line.
COMMISSIONER TAYLOR: So if-- our County Attorney
disagrees with you, so it does require a hardship. What is the hardship
MR. YOVANOVICH: Well, it -- you have two choices. Right --
first of all, I think -- or it says "or for safety reasons." You have an
older structure that we'll go ahead to continue to renovate and improve
with a 46-foot encroachment seaward of the line, and you will not meet
the current DEP and FEMA requirements for construction of the home,
which I would think is a safety issue for the neighborhood, or we can
construct the home further back, meet all of the new current codes,
including all of the codes related to DEP wave action, hurricane
requirements, including the pool being a breakaway.
So I think we would meet the criteria where it says, "or for safety
reasons to allow for the redevelopment of that parcel." And that is
what we're moving forward with is another alternative.
Your Land Development Code itself talks about four specific
criteria where there's an established line of construction seaward, and
we've reviewed that and we've met that. And staff agrees that we've
met all of the criteria, including the criteria set forth in the
Comprehensive Plan for approval of this. It doesn't say just a hardship.
It says also, for safety reasons, this can be approved.
COMMISSIONER TAYLOR: So you're saying that if you don't
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get this variance, you're just going to renovate what's there?
MR. YOVANOVICH: We'll put a second and third floor on
there.
COMMISSIONER TAYLOR: You can't do that --
MR. YOVANOVICH: Yes, we can.
COMMISSIONER TAYLOR: -- without raising it.
MR. YOVANOVICH: I don't have to knock it down.
COMMISSIONER TAYLOR: I mean, FEMA doesn't allow you
to do -- I know that -- at least if the City of Naples rules are the same
as the county.
MR. YOVANOVICH: We have the ability -- and we've looked
at this. The first option, frankly, when he bought the property, was to
look at renovating it, and it might be in stages to do more development
landward of the line, keep what's already seaward, improve it, and
enhance it.
We looked at that as the first option. We could do that, but the
client said, you know what? I really would rather have a new home
that meets all of the new hurricane codes and meets, you know, the
wave-action requirements for DEP, so let's try this first, and if it's not
approved, well, we'll go to Option B, which is to renovate what's
already there. That's even more seaward than what he's proposing.
COMMISSIONER TAYLOR: Well, unless the rules are
different in the county than they are in the city -- and I thought FEMA
was the same, and I may be incorrect. There's a percentage of
renovation that you have to do --
MR. YOVANOVICH: Correct.
COMMISSIONER TAYLOR: -- and at what point you kick into
everything has to be to code.
MR. YOVANOVICH: We will play the required process of
doing the percentages you're allowed to do at each interval to make
that happen if we have to do that. I don't think there's any, really,
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public benefit in doing that. But if we have to do that, that's what we'll
do.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: After this step, you have to take it
to the State, correct?
MR. YOVANOVICH: We've already got State permits.
COMMISSIONER HILLER: Oh, you've already got the State
permits?
MR. YOVANOVICH: Yes, we do.
COMMISSIONER HILLER: So the State reviewed this setback
and deemed it to be all right?
MR. YOVANOVICH: Yes.
CHAIRMAN FIALA: Do you want to make a motion?
COMMISSIONER HILLER: Then I make a motion we approve.
CHAIRMAN FIALA: I'll second it.
COMMISSIONER HILLER: I mean, I don't see how we can
deny it if the State approved it already.
CHAIRMAN FIALA: I have a motion on the floor and a second.
Any further comments?
COMMISSIONER TAYLOR: Yes. I just have a question. I'm
not sure why we're here if the State's approved it.
MR. YOVANOVICH: We also need your approval. We need
both.
COMMISSIONER TAYLOR: You do?
MR. YOVANOVICH: Yes.
COMMISSIONER TAYLOR: So the State approved you going
seaward of the Coastal Construction Line?
MR. YOVANOVICH: Yes.
COMMISSIONER TAYLOR: And that's not in our backup.
MR. YOVANOVICH: Well, it's -- you know, it's not one of your
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criteria. I'm telling you right now the State's approved it, and we meet
their requirements.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: Which is the same.
CHAIRMAN FIALA: So I have a motion on the floor and a
second. All in favor, signify by saying aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN FIALA: Okay. 4-1.
Thank you very much.
MR. YOVANOVICH: Thank you.
Item #10A
REPORT TO THE BOARD OF COUNTY COMMISSIONERS
REGARDING THE CLERK'S LEGAL DUTY TO FOLLOW THE
COLLIER COUNTY PROCUREMENT ORDINANCE AND
STATE STATUTES TO INCLUDE THE PROMPT PAYMENT
ACT — PRESENTED
MR. CASALANGUIDA: Okay. Commissioner, I think that
brings you to 10A.
CHAIRMAN FIALA: Good.
MR. CASALANGUIDA: That's an item brought forward by
Commissioner Hiller.
COMMISSIONER HILLER: May I proceed?
CHAIRMAN FIALA: Sure.
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COMMISSIONER HILLER: Thank you.
At the last board meeting Commissioner Nance brought forward
his concern that the Clerk was not presenting the list of pre-audit -- of
pre-audited invoices for the Board's determination that a valid public
purpose had been served with respect to those purchases and to
authorize spending.
And we had a lengthy discussion about why that step was
necessary, and I had indicated at that time that I would bring forward at
the -- you know, at this meeting, you know, a clear explanation for the
benefit of the Board and the community explaining why we have to do
what we have to do.
To begin, we are bound by existing law. Until it's overturned by a
court, it's deemed to be valid. And those laws are state statutes as well
as our procurement ordinance. And among the state statutes that
govern us, specifically, are, you know, the Prompt Payment Act and
136.06, which addresses that the Board of County Commissioners, that
the chair -- you, Commissioner Fiala -- shall sign the checks and that
also once the disbursements are made, that the check register comes
back to the Board to be entered into the minutes.
So I wanted to make sure that, you know, our board understood
that we have a valid procurement ordinance that makes it clear that we
have to authorize spending and that no disbursements can be made
ahead of that and that we have to authorize or declare the validity of
the public purpose, again, ahead of any spending, any disbursement by
-- or I should say disbursement by the Clerk.
And so that's the law that has to be followed, and that is why
Commissioner Nance's request at the last meeting was absolutely valid
when he asked and continues to ask on our behalf for the list of
pre-audited invoices. That should come before us before the Clerk
disburses public funds.
And I just wanted to make sure you-all knew that. So I just
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documented everything so you would have it available for your
review.
Item #10B
M
REPORT TO THE BOARD OF COUNTY COMMISSIONERS OF
MATERIAL OMISSIONS BY THE CLERK OF COURTS IN THE
LIBERTY/BROCK GARNISHMENT ACTION — PRESENTED
CHAIRMAN FIALA: Okay. And then you also have 10B,
right?
COMMISSIONER HILLER: Yep.
CHAIRMAN FIALA: Okay. Would you like to proceed?
COMMISSIONER HILLER: Yeah. And so with respect to IOB,
you know, the Clerk had gone ahead and had made a payment to a
subcontractor by the name Liberty, and we had not approved that
payment ahead of disbursement, and that payment was made by him
pursuant to a judgment against him in a garnishment action where he
had a duty to defend against that garnishment and where we were
indispensable parties and should have been joined, and we, as a board,
directed the County Attorney to intervene in the case and to proceed on
our behalf.
And what's significant about this -- and there was a statement
made by Commissioner Henning about garnishment and -- said that,
you know, we as a board -- or as the county can be subject to
garnishment, and he mentioned employees. And he's correct.
But that is only as to employees of the Board and that, no, there
can't be any garnishment against the county in an action like this one,
and I attached the case law so you could see it, because it's very
important that I believe that we as a board completely understand that
we have sovereign immunity as to the type of garnishment action that
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Mr. Brock was involved in and should have defended against and
should have raised that case law, you know, at that time through his
attorney, who is his internal audit manager.
So I, again, introduce that for your review and for your
knowledge.
CHAIRMAN FIALA: Thank you very much.
COMMISSIONER HILLER: Thank you.
Item #11D
STAFF'S REVIEW OF AGENDA ITEM #13B, (CLERKS OF
COURTS' DISBURSEMENT REPORT) FROM THE JUNE 14,
2016 BCC MEETING - MOTION TO APPROVE STAFF'S
REPORT— APPROVED
CHAIRMAN FIALA: We move on now to what, 11D, Leo?
COMMISSIONER HILLER: Yeah.
CHAIRMAN FIALA: 11D?
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Sorry to interrupt. I didn't mean to.
MR. OCHS: No, no, no.
MR. CASALANGUIDA: No interruption. We're just following
up.
MR. OCHS: Yes, ma'am. Item 11D is a recommendation to
accept staffs review of Agenda Item 13B from the June 14, 2016, BCC
meeting as previously directed by the Board.
Ms. Price will briefly present.
MS. PRICE: Good afternoon. For the record, Len Price,
Administrative Services Department Head.
Commissioners, at your last meeting you asked staff to -- or
through the County Manager, asked staff to review the disbursement
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report that was Item 14B, formerly J2, I believe.
We did that, and what we found is that there was at no point that
any of those items had actually gone to the Board for approval or for
determination of valid purpose.
So with that said, I would ask that the Board do that at this time
with the exception of that Liberty payment, and --
COMMISSIONER HILLER: No.
CHAIRMAN FIALA: Okay. Let her finish, please.
COMMISSIONER HILLER: No, of course.
MS. PRICE: -- as well as asking the Clerk to please adhere to our
-- you know, to the provisions of both the court order and the
purchasing ordinance in the future.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. I read this and I thought,
well, you know what, maybe I could be wrong all along in looking at
Ms. Price's executive summary and backup material.
Now, those are the disbursements, formerly J -- 16J2, and those
are the payments that have already been made?
MS. PRICE: Correct.
COMMISSIONER HENNING: And you said they didn't comply
to the judge's -- Judge Shenko's order.
MS. PRICE: Correct.
COMMISSIONER HENNING: Okay. So the process -- and
correct me if I'm wrong -- is what happens -- I'm looking at the order.
The invoice is received by the county or the Clerk, and then the Clerk
does his pre-audited process is the next step, and then the Clerk places
the approved pre-audited expenditures on the Board's agenda for the
Board to find that it's a valid public purpose, right?
MS. PRICE: However, the Clerk has been putting it on the
agenda. He's been asking us to put it on correspondence without
making any recommendation.
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And, I mean, I'm obviously not an attorney, but to the best of my
knowledge, you can't take action on a correspondence item. And so
the Board hasn't actually been making that declaration.
COMMISSIONER HENNING: Okay. Maybe I'm further
confused.
The backup material that you provided that you're asking the
Board to approve is already expended items. There are already checks
written on them?
MS. PRICE: That's correct.
COMMISSIONER HENNING: Is that right?
MS. PRICE: That is correct.
COMMISSIONER HENNING: Okay. The things on the
miscellaneous correspondence is a different item?
MS. PRICE: Correct; that's right.
COMMISSIONER HENNING: Okay. So you're talking about
the items that have already been expended, already have a check. And
the Clerk is saying it's because of Florida Statute 136, and you're
saying that now what we need to do is go through this -- well, what we
should be doing is go through this process; an invoice is received, the
Clerk is supposed to preaudit it, put it on the agenda for the Board to
find a valid public purpose, and none of these items were done?
MS. PRICE: Correct.
COMMISSIONER HENNING: Okay. So on this expenditure
report that the checks have already been written is the payroll?
MS. PRICE: Correct.
COMMISSIONER HENNING: So what needs to happen is the
employee needs to provide her time, staff gets that information, gives it
to the Clerk, and then the Clerk pre-audited and then put it on the
agenda for the Board to approve?
MS. PRICE: I think that's the payables report that we've been
asking for.
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COMMISSIONER HENNING: But that's the process that you're
saying that needs to be done, the employee or their boss puts it -- gives
the invoice to the Clerk of the time that that employee put on, you
know, every other week, and then the Clerk preaudits it, and then the
Board finds a valid public purpose, and then a check is written?
MS. PRICE: Payroll is not, to the best of my knowledge,
included under the procurement ordinance, which is the --
COMMISSIONER HENNING: No, no, no, no. You said the
items that we need to approve, that the Board -- that the Clerk needs to
preaudit is everything in the backup material which was -- you know,
the check was already written, right?
MS. PRICE: Correct.
COMMISSIONER HENNING: Okay. So can you imagine, if
we went through this process, how many employees would be delayed
in their paycheck? That's what you're saying, okay.
So -- and I'm okay with that. I could sustain myself for a month, I
would think, but I can just imagine how many single parents work for
this county that depend on that check every other week, okay.
Now, if you look at the order it says -- first of all, the order says --
if the order was -- the lawsuit was filed against the County Manager
and the purchasing agent for writing contracts $50,000 or under, right?
Is that what it is, Jeff?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: It has nothing to do with the
Board-approved contracts that the Board approved and, furthermore,
the Board approves -- well, let me go take one step back.
The Florida Statutes says the county administrator, who that guy
is right there -- he's the County Manager -- says, shall employ the
Board's employees, shall manage the Board's employees, and then your
department -- it's your department that puts on the agenda the salary
ranges for these employees. The Board has approved the salaries for
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06
these employees.
But if you want to invoice the Clerk for the employees, a new
process that we've never done -- this disbursement report is -- by
Florida Statutes he records it. We can do that. Furthermore, the Board
has already approved contracts. And on this disbursement report are
payables on that contract.
So if you're saying that the Clerk -- he's pre-audited them to the
contract. Crystal, is that right?
MS. KINZEL: Correct.
COMMISSIONER HENNING: He's pre-audited. The Board has
already approved it. But if you want to bring it back and further delay
paying contractors, I think you should do that. I really think you
should do that and see how many contractors work for the county.
The whole lawsuit is about the contracts and the purchase orders
and all those things that our staff is doing. It's not the things that the
Board has already approved or things that are allowed by Florida
Statutes.
But if you want to go ahead and do that, that's fine. I don't know
how many employees would stay with the county if you and
Commissioner Hiller want to continue to go down this road. We've
already found it's a valid public purpose to pay employees under
parameters. We give some latitude because the Florida Statutes allows
this. We already approved these things, okay.
CHAIRMAN FIALA: Leo, did you have a comment on this?
MR. OCHS: Ma'am, again, the staff was directed at the last
meeting to go and review the payables report for compliance with the
Board's procurement ordinance. That's what we did.
And your procurement ordinance says, prior to payment the
Board shall approve every expenditure with a finding that such
expenditure serves a valid public purpose.
Our report back to you, Commissioners, is that in our review of
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those disbursements, we could not find one in which the Board made
that declaration specifically prior to the expenditure.
I'm not suggesting they weren't pre-audited. I'm not talking about
the lawsuit. I'm simply reporting back what the Board directed us to
do and what we found --
COMMISSIONER HENNING: No. The executive summary
calls out for the lawsuit.
MR. OCHS: No. I think it references the --
COMMISSIONER HENNING: Procurement.
MR. OCHS: -- special order of the judge -- excuse me -- the
agreed order and the procurement ordinance.
COMMISSIONER HENNING: Right. And that's what I cited is
the signed agreement by the judge.
MR. OCHS: Yes, sir. But even in that case -- and you may think
this is semantics, but I don't believe it is -- the Board has never made
the finding that each of those expenditures in the agreed order report
serves a valid public purpose prior to those payments being disbursed.
That's all we're saying.
COMMISSIONER HENNING: That's the one under
miscellaneous correspondence, and Len may have made a valid point
on that, and that's a different one.
Now, our procurement ordinance, if you're saying that our
employees has to go through this process of-- before they get a
paycheck, you're just -- we're just delaying the whole thing. The whole
thing I would hope that everybody wants is trying to speed up the
process.
You have some latitude under the Florida Statutes, and if we need
to change our procurement ordinance, if that's the way you're viewing
it, let's do it, because we already gave you the latitude to pay
employees, or for employees to get paid for the work that they have
performed, okay.
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June 28, 2016
You know, that -- the Clerk -- Crystal, if we went down this road,
would you have to -- would you have to try to verify that the employee
-- well, you do through a time card, or if they're salaried, within a
certain amount of monies, you already look at that; is that correct?
You already audit that?
MS. KINZEL: Correct. And maybe I can just help a little bit. I
mean -- for the record, Crystal Kinzel, for the Clerk.
The executive summary and the staffs assertions that these have
not been approved is just blatantly false. I mean, the whole reason that
we initiated the original contract item was that our belief is, in fact, that
this board must approve the expenditures. That's been our position all
along. We do not disburse without the indication that this board has
approved.
So I'm not sure what they put out there, but I can tell you that
their assertion that these items were disbursed without approval is
inaccurate.
COMMISSIONER HENNING: Well, let me --
MR. OCHS: That's not what I said.
COMMISSIONER HENNING: Okay. Well, let me further say
if we -- if we really think that we needed to find a valid public purpose
before the item's been paid, and you're saying we didn't do that but the
items have been paid, we should go over to the Sheriffs Department or
the State's Attorney's Office and say, investigate that guy for making
payments that the Board didn't authorize. That's what we really need to
do, and I'm all in favor of it because I know that we approve the salary
ranges of employees. I know that when I reviewed that that we already
approved contracts that -- those are paid on, in that report, that have
been paid on (sic).
Jeff already told us that when you -- the Board approves a
contract -- we've already found a valid public purpose, when the Board
approves it.
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Now, I think the whole thing in the court is when staff approves
it, writes a contract, and submits an invoice, when does the Board do
the valid public purpose?
MR. OCHS: According to your ordinance, prior to the
expenditure.
COMMISSIONER HENNING: Oh, no. I'm -- prior to the
expenditure, right.
MR. OCHS: According to your ordinance.
COMMISSIONER HENNING: Now, on an unrelated item,
which you did say, Len, is the expenditure report that is a hyperlink
under miscellaneous correspondence. Where do you want that?
Where's the appropriate place to put it on our agenda?
MR. OCHS: Sir, that's already been corrected as a result of your
action from the last meeting.
COMMISSIONER HENNING: Okay.
MR. OCHS: If you see your index this time, it's -- that's been
addressed.
COMMISSIONER HENNING: Okay, yeah. Okay. I mean,
those are my comments. Let's speed up the process. This lawsuit will
take care of itself. We don't need to muddy the waters.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. With respect to the lawsuit,
the Court ruled in the end that the process as I describe it in 10A is the
process and that, yes, the Clerk has a duty to preaudit, and he has to
preaudit within the time frame set by the Prompt Payment Act, which
is 10 days, and if there are any exceptions, he's supposed to note those
exceptions in writing, and he is supposed to note the solutions to those
exceptions in writing within that 10-day time frame.
So assuming that it is a valid invoice based on his preaudit, a
valid request for payment, then there's no reason that it can't come
before the Board and be approved for payment in a timely manner
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ahead of disbursement. That's what our ordinance says. Our
ordinance is valid. That ordinance, with respect to these type of
disbursements, has not been challenged in court, and so it remains
enforceable. And it derives from statute, and it's supported by case
law, and it has to happen.
And so to what you're saying, Leo, if I understand correctly,
you're saying that of the 53 million that appeared on the disbursement
report, 53 million of what already has been paid by the Clerk ahead of
coming to the Board for approval and ahead of coming to the Board
for a declaration of valid public purpose, that you have presented these
to the Board today to make a declaration after the fact that, in fact,
these expenditures, except for the Liberty expenditure, serve a valid
public purpose.
But we can't ratify the payment or the disbursements, I should
say, that have been made by the Clerk at this point because statutorily
and by ordinance there is no mechanism to ratify what he has done.
But we can make a declaration if we so find that what was listed
in there serves a valid public purpose. But we can't ratify the fact that
he made the disbursement without our prior approval.
MR. OCHS: I don't think we -- I don't think that's what Len read.
She did not read a ratification. She asked --
COMMISSIONER HILLER: Well, approving the -- well, we
can't -- we can find the valid public purpose, but we can't approve --
you know, we can't, essentially, go back after the fact and say we're
ratifying his disbursement --
MS. PRICE: That's correct.
COMMISSIONER HILLER: -- without -- okay.
MS. PRICE: And that's why I read that into the --
COMMISSIONER HILLER: All right. I wanted --
MS. PRICE: -- record.
COMMISSIONER HILLER: -- to clarify that.
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CHAIRMAN FIALA: Thank you.
COMMISSIONER HILLER: And with respect to expenditures
under the 50,000, the Board of County Commissioners has -- is the
only body politic that can make the decision with respect to spending.
That is a discretionary decision.
The Board of County Commissioners has the authority to delegate
ministerial acts such as purchasing, and we did so in that purchasing
ordinance within very narrow guidance. We have never delegated
discretionary spending authority to the staff.
And while staff can go out and engage in the ministerial act of the
purchase, that has to -- is subject to preaudit by the Clerk and then
must come back to the Board again for approval for payment and for a
determination that the expenditure served a valid public purpose, and
that is exactly what the Court found both in its standing order as well
as in its final order, which now the Clerk has decided to appeal.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. You know, I'm not an
attorney. I worked in operations all my life, and when I arrived at this
position, tried to do service to the community I live in. I arrived, and
there was a system that we worked -- that we worked through that was
presented to me as the system that we were going to use for the
process. The process had been established a long time and had been
used for years and years and years.
And most of the elected public officials when I arrived here had
been here for years, so I know that the system has been here, and it's
been here for years.
I think it's been validated by this court. I've never had anybody
tell me that it was a problem over some -- unless there was some
individual minutiae point of law that was contested or so on and so
forth. The only thing I know is that with all these lawsuits, the
millions of dollars that have been spent with the Clerk suing the Board
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and the Board having to respond with a defense, it's just costing the
public millions of dollars.
The process -- or whether the process is tweaked one direction
this way or one direction that way, has got no material benefit to the
citizens of Collier County. They are completely unaware of it. I don't
think there's ever going to be any benefit to them one way or the other.
The only fiscal cost is the cost of these incessant lawsuits and this
incessant argument that sucks up staff time.
So I think it's ridiculous, and I think it's an incredible shame that
the Clerk of Courts can't cooperate with the Board of County
Commissioners. And that's all I have to say.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. Jeff, Judge Shenko's
ruling, since it's contested going up to the Second DCA, that ruling is
not final, right? I mean, it's a stay. I mean, it doesn't mean anything
except for it's under review. Tell me how that --
MR. KLATZKOW: Well, no. I mean, the parties have entered
into an agreed order as far as this process goes.
COMMISSIONER HENNING: Right. That's everybody's -- but
Commissioner Hiller says Shenko's ruling dictates how the process is.
MR. KLATZKOW: I think the agreed order dictates that is the
process. This is something the Clerk agreed to. The Clerk is reading
that agreed order differently than I am.
COMMISSIONER HENNING: What -- that's a new twist that I
haven't heard.
MR. KLATZKOW: That's the only explanation I can come with.
Commissioner, this is a simple process.
COMMISSIONER HENNING: Yeah, it should be.
MR. KLATZKOW: This is a simple process. We've been doing
this process for ages here. I mean, the Clerk gives a report to the
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Board of County Commissioners of pending invoices that he has
audited, the Board finds a public purposes, the Clerk then disburses.
COMMISSIONER HENNING: Well, your statement is you read
it the -- the agreed upon order, agreed upon, is different than what the
Clerk is, so --
MR. KLATZKOW: The Clerk is bifurcating -- has bifurcated his
reports. I'm not entirely sure what the Clerk is doing, to be honest. I
mean, I've never seen these things on correspondence before, but...
COMMISSIONER HENNING: Well -- okay. We've handled
that. So I'm trying to understand your comment that your read of the
agreement is different when the Clerk is --
MR. KLATZKOW: My reading of the agreement would be that
the Clerk would file one report to the Board, these are the invoices that
I have pre-audited. They're ready for the Board's review. The Board
will review them, find the public purpose. After that part, everything
would get paid, and the following meeting you get a disbursement
report. That's how I think the process was intended.
COMMISSIONER HENNING: And that's -- so what are you
seeing different then? Because that's what I'm seeing except for the
Board asked for more information that -- that's on the agenda but it's
never been approved. What -- what are you seeing on there that I'm
not?
MR. KLATZKOW: Commissioner, that's just the process that I
see that should be followed, and I don't know why we're fighting about
it.
COMMISSIONER HENNING: Well, I think we are.
And I'd like to know, Commissioner Nance, where are the million
dollars that we're spending. Are we spending a million dollars, millions
of dollars on this lawsuit?
COMMISSIONER NANCE: Whatever money we're spending,
sir, is a waste of money. That's all I'm saying.
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June 28, 2016
COMMISSIONER HENNING: Okay.
COMMISSIONER NANCE: We can go figure out how much it
is. It's just a waste of money. It's got no material benefit. What's the
benefit to the public? However this is going to be resolved, what's the
benefit? There's no benefit.
COMMISSIONER HENNING: Well, are you asking me, or are
you asking the Clerk?
COMMISSIONER NANCE: No. I'm just saying that's my
opinion. I think it's a total waste of time and money. I don't see what
the public's getting out of it. And it seems to go on and on and on and
on and on, regardless of who is in this seat.
CHAIRMAN FIALA: And the sad thing is, we used to all do it
one way, everybody --
COMMISSIONER NANCE: And there wasn't any problem.
And all of a sudden, what happened? The gravitational field moved or
what? I don't know.
MS. KINZEL: And, Commissioner Fiala, just for the record, I,
obviously, don't want to belabor this issue. It is in continuing
litigation, but I just want to put on the record, again, we are following
Judge Shenko's order. It was agreed upon. This board has seen this on
the correspondence items since July 20th of last year. These have been
agreed upon with that order.
We believe we're following law; we're following the order. I
don't know why this item continues to be raised. I can only say and
continue to say that what Commissioner Hiller puts on the record, we
-- I do not see that that is correct or accurate. It is not what we have
been doing, and what's been portrayed in this executive summary
regarding the disbursements is just not true.
So I regret that perhaps this board's being mislead by that action.
We did have a very simple process for approval. What changed was
staffs authority for signing contracts outside of this board's approval,
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which is what we have continued to say we would -- we believe is --
according to the law, they must -- that it must come to you.
So I don't -- you know, I don't want to continue to argue. I agree
with you, we have this item on the agenda each and every time. It's in
ongoing litigation. And thank you for the opportunity to comment.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. We have a local ordinance
that is valid law, and that valid law prescribes the process that our
county attorney just articulated. The Clerk is not following that law.
We have a standing order which describes the process, and it
addresses those expenditures under 50,000, which is the same as our
ordinance with respect to all expenditures, whether it's zero to 50 or 50
and above, and it's exactly as the County Attorney describes, and the
Clerk is not following it. It's that simple.
And what the County Manager said is true and what
Commissioner Nance has said is true. Commissioner Nance said we
must receive the list of pre-audited invoices for our review for our
approval for spending for payment on those expenditures and for the
declaration of public purpose ahead of disbursement, and what the
County Manager said is true, that the 53 million was disbursed by the
Clerk without Board approval. It's as simple as that.
CHAIRMAN FIALA: Okay. Commissioner Henning.
COMMISSIONER HENNING: Well, with that said, I'm going to
make a motion that we send concerns over to the Sheriffs Department
to investigate the Clerk's spending prior to the Board approving those
items, because he doesn't have the right to do that. Even though I
disagree with staff, let it be investigated. And if he's done that, throw
him in jail. Throw him under the jail. I don't care.
But this item on the agenda over and over to help one candidate
for Clerk of Court, that's against Florida Statutes. So that's my motion.
MR. OCHS: Again, Commissioners, for the record, this staff was
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directed by a majority of this board --
COMMISSIONER HENNING: Oh, I'm talking about those
items on -- Commissioner Hiller's items.
MR. OCH S: Okay. Thank you.
COMMISSIONER HENNING: And that's unprecedented.
We've never had a County Commissioner's item on the agenda, 10, 11
-- oh, no, it was 9, 10 -- on the agenda without specific
recommendations. It's never been done.
COMMISSIONER HILLER: Oh, you --
COMMISSIONER HENNING: Since I've on the Board of
Commissioners.
COMMISSIONER HILLER: You've done it yourself.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you.
CHAIRMAN FIALA: And let's finish this up, huh?
COMMISSIONER HILLER: Yes. And it is very important to
state that, you know, I am a county commissioner. I continue to
function as a county commissioner until the end of November of this
year, and I will not be silenced with respect to these issues, issues that,
in fact, were brought forward as a result of another commissioner, in
this case Commissioner Nance, as a result of our county manager, and
as a result of the Clerk's own either action or inaction as the case may
be.
If I want to comment and I feel the need to comment and do so on
the public record, I will as a county commissioner with respect to these
issues brought forward by these other parties.
And I will not be intimidated by you or threatened by you and
told that I am not allowed to speak to these issues in order for you to
attempt to politically try to prevent me from bringing the truth out in a
public forum, and that is exactly what you're trying to do every single
time --
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COMMISSIONER HENNING: That isn't what I said.
COMMISSIONER HILLER: -- you use the word "politics." So
I'm very sorry. It's very unprofessional of you and inappropriate.
COMMISSIONER HENNING: No, that isn't what I said at all.
Besides, when we have board communication, that goes under
miscellaneous correspondence. It doesn't go on the Board standing up
on your soapbox.
CHAIRMAN FIALA: Okay. Let's move on. We're not
accomplishing anything but bickering, and I think it's time we move on
to our next subject. We haven't accomplished anything here anyway,
so let's move on.
MR. OCHS: Did the Board take any action on this item or --
CHAIRMAN FIALA: No. What is the action to be taken?
COMMISSIONER NANCE: Recommend to accept the staffs
review. We asked you to do the review, right?
MR. OCHS: Commissioners, the recommendation is the Board,
except for the disbursement made to Liberty Concrete, find that such
expenditures served a valid public purpose.
COMMISSIONER NANCE: I move to accept the
recommendation and approve.
CHAIRMAN FIALA: I second. All in favor, signify by saying
aye?
COMMISSIONER HENNING: I've got a question -- I've got a
statement. We are finding that it does meet a valid public purpose after
the Clerk has already spent the money? I can't support that.
COMMISSIONER TAYLOR: I can't either. I've been quiet.
This is --
MR. OCHS: Yes. The Board has, I think, tried to comply with
your ordinance by requesting that pre-audited payables of all of the
potential, or pending payables that would be disbursed, but since last
November you haven't been able to get what you've asked for there.
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That was supposed to be the forum to allow you to do what County
Attorney described as the process, but so far we haven't had success
with that.
COMMISSIONER HENNING: I'm done.
CHAIRMAN FIALA: So we have a motion and a second. Any
further comments? Yes.
COMMISSIONER HILLER: Do we -- I mean, in light of the fact
that the Clerk has made the payment in violation of the local ordinance
and in violation of the standing order, at this point in time, Jeff, if we
took no action -- I mean, I don't see how, you know, making a finding
now after the fact -- I mean, we can, but it's not appropriate. I mean, it's
not in conformity with the ordinance. I mean, we've got a problem, and
I'm not sure, to use your expression, how you unscramble this egg
since the Clerk already made the payment and, you know, violated the
process and the law.
MR. KLATZKOW: If you're asking me does this item mean
anything, the answer is no.
COMMISSIONER HILLER: Okay.
MR. KLATZKOW: If you vote against it, it doesn't make a
difference.
COMMISSIONER HILLER: So the bottom line, the conclusion
we come to is that based on -- so --
COMMISSIONER TAYLOR: Forty-five minutes.
COMMISSIONER HILLER: So, essentially, what we -- based
on staffs presentation to us is that they have reported that 53 million
was disbursed by the Clerk ahead of the Board's determination that
those disbursements serve a valid public purpose and that we had
authorized spending. I mean, that's basically the conclusion we come
to. So we accept their report, which, you know, includes the Liberty
check that was disbursed by the Clerk, correct?
MR. OCHS: That is our report.
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COMMISSIONER HILLER: Okay. So we just -- so there's
really no action.
COMMISSIONER NANCE: Just make a motion to accept the
report. Look, we asked them to make the report. They gave the report.
Let's take the report. Whatever happened or hasn't happened, all we're
doing here is standing in a bucket and trying to pick ourselves up by
the handle, okay. So that's my motion.
CHAIRMAN FIALA: Okay. And I seconded it.
All in favor, signify by saying aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: And opposed?
COMMISSIONER HENNING: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN FIALA: Okay. So we have the same 3-2.
Okay.
Item #11E
RESOLUTION 2016-147: THE COLLIER COUNTY U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) 5-YEAR CONSOLIDATED PLAN FOR FY 2016-2020 TO
INCLUDE A REVISED CITIZEN PARTICIPATION PLAN, THE
NEEDS ASSESSMENT, THE FY2016-2017 ONE-YEAR HUD
ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG), HOME INVESTMENT
PARTNERSHIPS AND EMERGENCY SOLUTIONS GRANT
PROGRAMS, INCLUDING THE RE-PROGRAMMING OF
FUNDS FROM PREVIOUS YEARS FOR CDBG AND HOME
AND ESTIMATED CDBG PROGRAM INCOME; APPROVE THE
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June 28, 2016
RESOLUTION, HUD CERTIFICATIONS, AND SF 424
APPLICATION FOR FEDERAL ASSISTANCE, AND
AUTHORIZE TRANSMITTAL TO THE HUD — ADOPTED
MR. OCHS: Okay. So, Commissioners, that takes us to Item
11E, which was previously Item 16D23, and this is a recommendation
to approve the Collier County Department of Housing and Urban
Development Five-Year Consolidated Plan for Fiscal Years
2016-2020, including the Annual Action Plan for FY2016-17. This
item was brought forward at Commissioner Fiala's request.
CHAIRMAN FIALA: Yes. And I think everybody read it, so
they really know. And I got some very nice comments or explanations
from Kim Grant, which was nice.
The reason I wanted it to be pulled, it's the same thing I've
mentioned, but now we've got a five-year plan to dispose of, what, $2
million, 2 million, whatever it is. And the thing is, we went to the
same agencies and asked them what they needed, and they told us what
money they needed to fix whatever they wanted. Most of them -- I
think all of them were not-for-profit, right, and that's fine.
MS. GRANT: (Nods head.)
CHAIRMAN FIALA: But, you know, none of the not-for-profits
represent some of the things we've been talking about in four of our
districts. Golden Gate, they really need sidewalks, and they need
streetlights, and -- but nobody comes up and says we need sidewalks
on so and so road or streetlights on so and so.
Same with Immokalee; we've heard Immokalee loud and clear.
They need streetlights because of some of the elements there, again.
Then we go into Naples Manor. Well, there's nobody in Naples
Manor that says, please give us streetlights or sidewalks. There's
nobody representing them, and none of these agencies do. They
represent a certain group of people.
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And being that this is for five years, I was -- the reason I brought
it up is if nobody represents these groups, same with on Bayshore and
Thomasson and in the Triangle, who's going to represent them? And
I'm just saying that maybe instead of just, you know, giving this money
to all the not-for-profits right now, maybe we should take a look at
some of the -- some of our needs that have been there for a long time
that we have nobody representing so don't even know what the needs
are.
And I'd be happy to take you for a ride and show you some of
those needs, because nobody represents them. And I bring that up only
because I'm trying to fill an unmet need rather than some of the other
things in here. Is -- am I asking wrong?
MR. OCHS: No, ma'am. If we could just present the projects
that are recommended for the next fiscal year, that might shed some
light on this, and then we have some supplemental information from
your growth management staff.
Kim?
MS. GRANT: Good afternoon, Commissioners. Kim Grant,
director of Community and Human Services, for the record.
Nick, would you please put the -- this up on the screen.
CHAIRMAN FIALA: Is that 23 or 26?
MS. GRANT: Commissioners, the --just for clarification
purposes, we're presenting both a five-year plan and a one-year plan.
The five-year plan is the broader overview of what the priorities are
and so forth. The spending plan is just for one year.
What you have here in front of you are the projects that are being
recommended for CDBG, and the top projects are -- fall into the
category of what's called public services, our Legal Aid Society, Boys
& Club, you know, performing general services in our community.
Under public infrastructure, you'll see that we are funding the
City of Naples as we typically do. They are an entitlement city.
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We have two projects going to the Bayshore CRA. One is a
stormwater improvement project, and one is a fire suppression project,
both of which are very needed in that community.
Habitat for Humanity, we're recommending funding infrastructure
for Phase 4 of their Faith Landing project out in Immokalee. And in
Immokalee we're recommending funding sidewalks of$475,000.
CHAIRMAN FIALA: I love seeing that, by the way. That was
great.
MS. GRANT: Yes, and that was -- you know, this -- in public
facility, you'll see some additional projects. Catholic Charities is doing
a building renovation of their community center right near this center
here.
The Shelter for Abused Women and Children are doing some
security improvements, and the David Lawrence Center out in
Immokalee is upgrading their facility in order to be able to serve
additional people.
And also out in Immokalee we will be recommending funding of
a rehabilitationJ ro'ect for some low- to moderate-income apartments
p p
out in Immokalee.
This is CDBG. I could go through HOME and ESG as well.
CHAIRMAN FIALA: Well --
MR. OCHS: Also, if we could get Ms. Scott to come up and talk
about our other sidewalk and street-lighting initiatives.
CHAIRMAN FIALA: That would be great, because what I'm
just trying to do is fill an unmet need. It's not that I'm trying to pick
anything apart, but I didn't -- I saw the CRA sidewalks. That was a
wonderful thing in Immokalee. I think that's great.
And I don't know much about the fire suppression infrastructure.
They must mean -- they just mean --
MR. OCHS: Replacing --
COMMISSIONER TAYLOR: Hydrants.
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June 28, 2016
MR. OCHS: Replacing old water mains and --
COMMISSIONER TAYLOR: Hydrants.
MR. OCHS: -- dated fire hydrants.
CHAIRMAN FIALA: And that's needed; you know, don't get me
wrong. I'm not saying these aren't needed, but I'm just saying, how do
we get these other things done? This is the only way I knew of.
MS. SCOTT: If I may, for the record, Trinity Scott, your
transportation planning manager.
And I can certainly speak with regard to the sidewalks, and we do
have other support here from growth management staff with regard
specifically to street-lighting.
We pursue many different types of grant funding with regard to
sidewalks. And if you'll recall, I believe at your last meeting, you just
approved an after-the-fact for the TIGER grant, $13 million. And so
from a staff perspective, we really focused heavily on our TIGER grant
projects.
Next year we have six FDOT-funded projects that we'll begin
design that are in various areas. Some are in Golden Gate City. There's
a few that are in North Naples.
CHAIRMAN FIALA: Tell me what they are. Are they
answering any of these feet-on-the-ground things that are needed?
MS. SCOTT: Absolutely. In Fiscal Year '15/'16 -- all of these
are sidewalks. In Fiscal Year '15/'16 --
CHAIRMAN FIALA: But where?
MS. SCOTT: We have sidewalks in East Naples, Lombardi
Lane.
CHAIRMAN FIALA: I'm not so much asking for my district.
I'm asking for all four districts.
MS. SCOTT: Right. So -- and next fiscal year we have 49th
Terrace Southwest, which is in Golden Gate City. We have Vanderbilt
Beach Road. We have two other projects that are in various locations
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in Golden Gate City.
North Naples sidewalks at various locations. That's a few others
that are in the Naples Park area. We have Sunshine Boulevard, which
is also in Golden Gate City. So that's coming up in our next fiscal
year, '16/'17.
CHAIRMAN FIALA: Do you have any going into Naples
Manor, by the way?
MS. SCOTT: No. These are all projects that were funded
through various grant opportunities over the past couple of years, so --
but we're actively pursuing them.
And as Kim mentioned, these funds are for next year, '16/'17.
And the funding plan is only for an annual basis, so we will be
working with our folks who do street-lighting as well to look at what
opportunities we have for '17/'18.
CHAIRMAN FIALA: I've talked to you, too, about the
streetlights. And just for anybody who's curious about why I'm so
concerned with streetlights, the most important thing you can do in a
crime-filled area is shine lights on it. If you -- these kids have to walk
home in the dark, and mostly -- like in many of these areas that you're
just mentioning, they not only don't have sidewalks to walk on, but
they don't have streetlights. It's very dangerous for them.
And we put nice things in the nice parts of town, and the places
that need it most we kind of forget about. And that's what I'm saying
is, I'm just making a cry for the people who aren't mentioned.
And I would love it if maybe when you go next year to ask for --
you know, it says here how you had to choose -- chose a company that
would pick out all the needs, then they called these companies and to
say what do you want, could they call some of us whose districts these
things are in that don't have anybody speaking for them?
MS. GRANT: Yes. Commissioner, thank you for the question.
Allow me to clarify.
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The third-party company that we hired performed the needs
assessment identifying the needs in the community. Separate from that
but building on that is our application round, which is a publicly
noticed application round. We do not go out and, you know, say, hey,
Immokalee CRA, we want to give 475,000.
Certainly, we have partnerships, we talk with people, but they
come through. We put out, essentially, an RFP. There's a deadline.
They have to come in, go through the process, and be scored.
So I think what we ought to do, based on your feedback -- and
Trinity mentioned it as well -- is we can work over the next year with
our counterparts for them to develop some applications to be submitted
into the process next year.
CHAIRMAN FIALA: Well, say, for instance, you don't have a
counterpart -- the only one I can think of offhand -- you don't have one
on -- well, maybe you do on Sunshine Boulevard. I don't know that.
Do you have a counterpart that tells you about streetlights? Obviously,
you haven't because they've been sitting there for 20 years without any
streetlights, but the crime keeps rising.
Do we have anybody that is going to mention that to you; any
counterpart?
MR. OCHS: I'm going to ask Mr. Khawaja to speak to the
lighting program.
CHAIRMAN FIALA: And I'm sorry if I'm belaboring this, but
it's the only opportunity I have --
MR. OCHS: Sure.
CHAIRMAN FIALA: -- to try and help some people.
MR. KHAWAJA: For the record, Tony Khawaja, traffic
operation engineer.
Commissioner, we looked at the Manor, we looked at Naples
Park, and we looked at Golden Gate City. May I --
MR. OCHS: Sure.
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MR. KHAWAJA: These are the streetlights in Naples Manor.
Pretty much all the infrastructure that's existing today have streetlights
on it. We rent those from FP&L. And there is lighting districts that
pays the energy costs for these --
CHAIRMAN FIALA: There's that many streetlights in there?
MR. KHAWAJA: Yes. Each one of the dots is a streetlight.
CHAIRMAN FIALA: Oh.
MR. KHAWAJA: And all the infrastructure within that
community is covered.
The next level, if additional street-lighting are needed, becomes a
lot more expensive process. You would need a lighting system, which
means you need to run conduit, you know, you need to run pole boxes,
you need to put aluminum poles and a full streetlight design, and also
maintenance costs that would go with that.
We also looked at Golden Gate City.
CHAIRMAN FIALA: Good.
MR. KHAWAJA: Each one of those dots represents a streetlight
within the community. Again, I'm not saying that more wouldn't be
better. The thing is, most the infrastructures where existing poles are is
already lit. And, again, they have a lighting district which pays for the
energy cost of that community.
If any specific additional locations that they are interested in, we
would work with the community to tell us what other additional
locations they might have.
If we need to do the next level, again, you would need a lighting
system, you would need to pull boxes, and it would be a very
expensive process.
We did the same thing, Naples Parks, may I?
CHAIRMAN FIALA: How about Immokalee? Naples Park, you
know, that's slowly becoming very beautiful, and so that isn't -- you
know, it's not high-crime area.
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MR. KHAWAJA: I agree.
CHAIRMAN FIALA: But what I'm trying to do is --
COMMISSIONER HILLER: What about Immokalee?
CHAIRMAN FIALA: Yeah, what about Immokalee?
MR. KHAWAJA: Immokalee we work with the CRA. We just
added two additional -- two additional lights that they needed. They
needed a crosswalk, and they needed some lighting. We're working
with Lee Electric to get those installed. Again, we rent those. Those
are part of the process.
The CRA can tell us what additional location. If the infrastructure
exists, we will definitely work with them on adding those lights. But
again, we need to work with the community.
CHAIRMAN FIALA: I wonder if the infrastructure doesn't exist.
MR. KHAWAJA: I'm sorry?
CHAIRMAN FIALA: I wonder if infrastructure doesn't exist.
MR. KHAWAJA: Right now we -- traffic operations does not
have the budget to install new lights at facilities that -- where
infrastructure --
CHAIRMAN FIALA: That's why I'm looking for the CDBG
dollars.
MR. KHAWAJA: I understand. That's a good idea.
COMMISSIONER HILLER: Where's the map for Immokalee?
MR. KHAWAJA: I don't have one for Immokalee city, I'm sorry.
COMMISSIONER HILLER: You don't?
MR. KHAWAJA: No, I did not bring --
COMMISSIONER HILLER: It's not a city.
MR. KHAWAJA: Immokalee community.
COMMISSIONER HILLER: Yeah. Can you get us one so we
can see how much lighting there is in Immokalee?
MR. KHAWAJA: Absolutely, I could do that --
COMMISSIONER HILLER: Thank you.
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MR. KHAWAJA: And I could forward it to you.
COMMISSIONER HILLER: Thanks.
CHAIRMAN FIALA: Thank you. That's what I'm saying is, if
we don't have the money to put in these safety features -- and it's all
about safety here.
MR. KHAWAJA: Absolutely; I understand.
CHAIRMAN FIALA: And especially, you know, it gets dark
really early in the wintertime, and it get's -- I mean, I wouldn't drive in
a lot of these places by myself at night.
And so if you could -- you know, I'm looking for lights from
some of these other places that maybe they're -- maybe they're filling
their own agency needs, but maybe we need to get out there where
people don't speak for themselves is my whole point.
MR. KHAWAJA: Yes, ma'am.
CHAIRMAN FIALA: Okay. I'm sorry if--
MR. KHAWAJA: We'd be glad to work with the community.
CHAIRMAN FIALA: -- I'm upsetting anybody, like -- you
know, some of the faces don't look very kindly, but that's -- I'm just
trying to cover some spaces that aren't covered.
MR. KHAWAJA: Understood.
CHAIRMAN FIALA: Okay. Now, can we -- will we be able to
address that?
MS. GRANT: Again, as I said a few minutes ago, absolutely;
we'll work with our county counterparts here, and we'll see what can
be developed as an application into next year's process, or multiple
applications.
CHAIRMAN FIALA: Okay. With your counterparts, county
counterparts; who are they, please?
MS. GRANT: Mr. Khawaja, who was just here; Trinity; the
people who are associated with the planning and understand what the
county is responsible for for lighting and for sidewalks. We'll see what
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projects are on the horizon that they don't have funding for, and then
we can collectively put some projects together.
CHAIRMAN FIALA: Great. It serves the population you serve,
and that's what --
MS. GRANT: Yes.
CHAIRMAN FIALA: -- I'm trying to do, and it meets the bill for
the CDBG funds.
Tony, maybe you and I can go for a ride, and you and
Commissioner Nance can go for a ride, and you and Commissioner
Henning can go for a ride, and you could -- we could show you some
of the areas that we're concerned with. Same with Commissioner
Taylor.
COMMISSIONER HENNING: You could have lunch and --
CHAIRMAN FIALA: Yeah, lunch and everything, except it has
to be at night.
COMMISSIONER HENNING: Well, dinner then. We'll have
dinner. I know some great restaurants.
CHAIRMAN FIALA: Thank you very much for understanding
my concern.
MS. GRANT: Sure. Of course.
CHAIRMAN FIALA: Oh, yes. Commissioner Hiller.
COMMISSIONER HILLER: Yeah. My concern -- and I raised
this over and over again -- is Immokalee not having sidewalks and not
having lighting. And I think what we need is a map that shows where
are the sidewalks in Immokalee, you know, where is the lighting in
Immokalee.
And as far as the CRA applying, we're the CRA. I mean, we have
a CRA advisory board, but we are the CRA. So, I mean, if the
direction to you for grant funding needs to come from this board, then
maybe that's what we have to do to achieve your objective, because it's
not through the advisory board that the application should be made.
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It's through us.
MS. GRANT: And the applications that we did receive this year
from both the Bayshore and the Immokalee CRA were approved by
the Board of County Commissioners --
COMMISSIONER HILLER: By us.
MS. GRANT: -- acting as the CRA boards. Yes, that's correct.
COMMISSIONER HILLER: And so that's my point. So my
point to Commissioner Fiala is, you know, who should be directing
this; it's us.
CHAIRMAN FIALA: Okay. So could you then notify us when
you begin to take your survey for the next round of dollars that could
be spent on other things besides what the agencies would do?
COMMISSIONER HILLER: And --
MS. GRANT: Sure.
COMMISSIONER HILLER: Yeah. And I think CDBG funding
can go to even more than sidewalks and lighting, because we do have a
dedicated pool of funding that is going to housing specifically.
So to the extent that we can improve the neighborhoods where we
are providing these affordable homes, it all needs to work in tandem. It
shouldn't just be homes, and then the rest of the infrastructure needs of
the neighborhood is ignored. I mean, I think what we want is that
everything grows together on multiple levels.
MS. GRANT: From my perspective of overseeing the programs,
I completely agree. And when you put the picture together, you're
looking at a variety of things that are going to be funded from the
different programs.
COMMISSIONER HILLER: Exactly.
MS. GRANT: So, yes.
COMMISSIONER HILLER: Well, I think in order for us to
make the right decisions we need, you know, as much input as
possible. Just -- I really like what Tony did when he presented the
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maps with the lights. That's, like, really -- that tells us, you know --
COMMISSIONER TAYLOR: That brings the light --
MS. GRANT: Shed a light on it?
COMMISSIONER TAYLOR: -- to the picture.
COMMISSIONER HILLER: Yeah, it shed -- yeah, it did. Yeah,
no pun intended. It did -- turned on the lightbulb.
MS. GRANT: Yes; got it.
CHAIRMAN FIALA: Thank you. I appreciate that, and I
appreciate that you'll be contacting us the next time you're beginning to
take your survey. That would be nice.
MS. GRANT: Sure.
CHAIRMAN FIALA: Good. Thank you very much. Okay.
MR. OCHS: Could we have a --
COMMISSIONER HENNING: Motion to approve.
MR. OCHS: Thank you, sir.
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Pardon me? Oh, yeah. Thank you.
Motion to approve and a second. All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. Oh, my goodness. I missed a
couple people here. Sorry about that.
Okay. We move on then to -- Leo?
Item #15
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STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Yes, ma'am. That takes us to Item 15 on your
agenda, I believe, staff and commission general communications.
Commissioners, I just have one follow-on item. At your June 14th
meeting, Commissioner Henning brought up an item regarding the
status of the MOU or the agreement between the Board and the
Southwest Florida -- excuse me -- South Florida Water Management
District regarding the CERP area in the Picayune Strand State Forest.
We were asked by the Board to invite the district to come and
address the Board on -- and give a briefing on that issue, so we did.
I've got -- I received this letter back recently from Ms. Koehler,
the basin administrator, requesting more time. They apparently, in
conversation with her -- and I don't want to speak for her, but the
district's permit to operate the pump station out there requires that they
enter into a memorandum of understanding with the State Division of
Forestry, which they're in the process of completing that negotiation
for that MOU, and she indicated that they were working to complete
that before they came to the Board to provide a status update to the
Board. And that's the information I've received to date.
CHAIRMAN FIALA: Is that pumping station for stormwater or
for sewage or --
MR. OCHS: No. It's rehydration of that south blocks area.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. You know, my concern
is, this -- that whole agreement's going to get lost. I would like to see
the Corps -- or not the Corps -- the district bring something in our
September meeting.
The -- I don't know. Should that be a motion by the Board is for
the chairman to write the district supervisor a letter asking to present to
the Board in the September meeting on the maintenance of the roads?
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MR. OCHS: That would be my suggestion, yes, sir.
COMMISSIONER HENNING: That's my motion then.
COMMISSIONER NANCE: I'll second it, sir.
CHAIRMAN FIALA: Okay. It's a great motion.
All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Great.
COMMISSIONER HILLER: Can I mention one thing on this
letter?
CHAIRMAN FIALA: Well, let me see if he's finished. Were
you finished, Commissioner Henning?
COMMISSIONER HENNING: Yes, thank you.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: I want to mention to the motion
that we just had passed, one of the concerns I have is that that
agreement that exists really is impossible to perform, and the reason is,
as I see -- and I would really appreciate if when they come to do the
presentation they would address this issue. We have the whole
Everglades restoration project. And if they were to raise the road
beyond its current level rather than merely to maintain it to the point,
you know, where the potholes are filled and it's kept graded, my
concern would be that it would interrupt the sheet flow that currently
exists with respect to that whole restoration project.
I'm not sure that what was originally intended to make those roads
passible no matter what is possible in light of where we are today with
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that project. Of course, and the financial feasibility. But setting aside
financial feasibility, I just don't think it's possible because of the
Everglades restoration plan as it exists.
And I would just like that addressed. And maybe it is, but I'm not
sure that it is, and I would like that answered when they come back, if
you could mention it.
CHAIRMAN FIALA: Commissioner --
COMMISSIONER HENNING: Well, I mean, they're going to
say they can't do that. I already know Rick Barber has told you that.
He said to me the same thing.
You could put culverts under the road and get the water from one
side to the other. That's what they're doing with U.S. 41 is they're
putting more culverts in.
CHAIRMAN FIALA: And 92A, if we ever get there.
COMMISSIONER HENNING: Yeah. I mean, you know, that's
an excuse not to take responsibility for actions, promises,
commitments, contracts, is, oh, we can't do it. Well, that's hooey.
How can we do it?
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Commissioner Henning, the
conundrum we have here, though, is what we did was we relinquished
our ownership of those roads in exchange for this commitment. But
what we have here is you've got a problem. You've got a federal
agency that's in authority, and you've got a state agency division of
authority that's charged with the responsibility of managing the unit,
and then you've got a third unit, which is the Southwest Florida Water
Management District that owns the land. So if you can sort that out,
I'll call you Houdini. Everybody's going to be going like this
(indicating).
COMMISSIONER HENNING: I know, but I could take some of
that away for you. It's already the understanding that Fish and Wildlife
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there's going to be primary and secondary roads that will be maintained
for --
COMMISSIONER NANCE: Management?
COMMISSIONER HENNING: -- all season.
COMMISSIONER NANCE: For management?
COMMISSIONER HENNING: For their management of it.
COMMISSIONER NANCE: Well, we may be onto something if
we go that route.
COMMISSIONER HENNING: Now, I don't know what -- the
Corps' understanding of it, because they're the actual ones that is doing
the construction.
COMMISSIONER NANCE: Yeah. They're ripping roads out.
COMMISSIONER HENNING: And they should be ripping
roads out, but the roads that are standing, the primary, all-weather,
all-season, I don't know what their understanding is of it, so -- maybe
Rick Barber can tell us or something like that.
MR. OCHS: Yes, sir.
CHAIRMAN FIALA: Okay.
MR. OCHS: That's all I had, ma'am.
CHAIRMAN FIALA: Okay, very good. Excuse me. How about
County Attorney?
MR. KLATZKOW: County Attorney has nothing, ma'am.
CHAIRMAN FIALA: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, a couple of things.
One of the things I wanted to bring to this commission is
regarding the possibility of creating an against-all-odds award. This
would be awarded at the discretion of this board to folks; no age
required. No minimum, no maximum. No -- it doesn't matter; male,
female, it doesn't matter.
But these individuals have overcome odds and surmounted the
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challenges that most of us have not faced. These individuals have, in
spite of their circumstances, given back to the community in a selfless
way, and these individuals are folks that inspire us to do more, as we
would like to do more, and these are individuals we'd like to
acknowledge.
COMMISSIONER NANCE: Well, that's like a proclamation,
isn't it?
COMMISSIONER TAYLOR: Well, that would be -- that would
be the criteria for against all odds.
COMMISSIONER HILLER: What'd she say?
COMMISSIONER NANCE: Against all odds.
COMMISSIONER TAYLOR: Against all odds award.
CHAIRMAN FIALA: A program called Against All Odds, and
then give an award. I don't know if it's every meeting or what.
COMMISSIONER TAYLOR: To give to individuals who
inspire us because of--
COMMISSIONER HILLER: Adversity?
COMMISSIONER TAYLOR: What they've overcome in their
lives. You know, it could be a 75-year-old person, it could be, you
know, a 12-year-old person. It's just folks that touch us and meet this
criteria. And I certainly would like your consideration of it, and I
would be glad to, through the County Manager, get this to you so you
can contemplate --
COMMISSIONER NANCE: Draft something?
COMMISSIONER TAYLOR: Yeah, draft something up.
COMMISSIONER NANCE: I'll give a nod to that.
CHAIRMAN FIALA: You know, the only thing I fear -- I think
that's a very admirable idea, by the way, but there are a lot of people
that have done something wonderful, whether they're 12 or 75.
COMMISSIONER TAYLOR: Right.
CHAIRMAN FIALA: Each one in their own way, and each by
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their own family admiring them for their accomplishments. Well, we
only have, what, 26 meetings a year and -- no, no, we don't even have
that many; say, 20. And what about the people we don't -- will we be
offending people by not giving them awards?
COMMISSIONER HILLER: It's going to become so political.
CHAIRMAN FIALA: I know but, you know what, people are
proud of what they've done. Parents are proud of what their child has
done. People -- groups or organizations are proud of what they're --
COMMISSIONER HILLER: I like our proclamations, because
we can -- you can still recognize an individual for overcoming
adversity through a proclamation and groups that collectively
overcome adversity. Like, we celebrated Lighthouse, you know,
which was awesome.
CHAIRMAN FIALA: Yeah, see, that's -- yeah.
COMMISSIONER HILLER: Rather than just focus on any
single individual. And we still can through --
CHAIRMAN FIALA: And probably through --
COMMISSIONER HILLER: -- the proclamation do it.
CHAIRMAN FIALA: There's a bunch of people in Lighthouse
that have also accomplished many --
COMMISSIONER HILLER: Oh, my goodness.
CHAIRMAN FIALA: -- but we're not awarding them anything.
I just -- what I do is I'm worrying about not including them.
COMMISSIONER TAYLOR: Well, why don't we look at this
and opine on this next meeting, and I'll send this to you.
(Overlapping speakers.)
CHAIRMAN FIALA: Do you think if you want to -- I know it's
very quiet, but maybe have an -- have a proclamation for everybody
you want to, but we would just put it on the consent agenda, because
our meetings are not long enough to be awarding too many things.
COMMISSIONER TAYLOR: I agree.
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COMMISSIONER NANCE: Yeah. We talked about that before,
and that may be appropriate, you know.
CHAIRMAN FIALA: Yeah, that's what I thought. So at least
people that have their --
COMMISSIONER NANCE: Bring something back.
CHAIRMAN FIALA: -- thing in their hand, it would be
accessible on the television if they wanted to see it and, yet, we don't
risk the chance of offending anybody too much.
COMMISSIONER TAYLOR: Okay. Why don't I just get it to
you, and we'll make a decision, an executive decision next meeting, if
that's okay.
CHAIRMAN FIALA: How about the end of this board?
COMMISSIONER HENNING: Yeah, I think it's worthy of
looking at it.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: How about you?
COMMISSIONER HILLER: Yeah.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: All right. And then --
COMMISSIONER HENNING: Is she talking to me or you?
CHAIRMAN FIALA: Pardon me?
DEPUTY SHERIFF: She's talking to you.
COMMISSIONER HENNING: I don't know.
COMMISSIONER TAYLOR: Commissioner Fiala, I don't know
if you are going to mention this, but I was copied on a letter that Pam
Brown sent to you. She had several questions about economic
development, and there seems to be a concern, at least on her part, that
what they are doing in Immokalee for economic development -- sir,
you're very close to this -- is not necessarily what Immokalee wants.
And there's a series of questions here that I just wanted to bring to
your attention and to have these addressed.
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CHAIRMAN FIALA: Yes. And that's --
COMMISSIONER TAYLOR: I don't know that. I don't --
CHAIRMAN FIALA: Did you get one of those letters?
COMMISSIONER NANCE: Oh, yes.
CHAIRMAN FIALA: Okay. And maybe as their commissioner,
you would want to reply to it.
I think they're right. They're -- like, for instance, they said what
they need is modern income housing; that's what they said. Because
they're trying to get their teachers to live there, their deputies to live
there, but they can't because all they have is low income.
And so they were asking for that, and that was one of the things,
because they said then they would -- they felt that they could attract
some more businesses.
COMMISSIONER NANCE: Ma'am, this was directed at
economic --
COMMISSIONER TAYLOR: Exactly.
COMMISSIONER NANCE: -- economic development effort,
you know, and --
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN FIALA: Yeah.
COMMISSIONER NANCE: -- those discussions have started to
take place. When I went out, and I did a little presentation on the
Promise Zone in Immokalee --
CHAIRMAN FIALA: Oh, yeah.
COMMISSIONER NANCE: -- before this CRA Advisory
Committee the other day, Mrs. Brown was there. And we started
talking about it. And then, subsequently, they had a meeting in
Immokalee regarding the accelerator --
CHAIRMAN FIALA: Right.
COMMISSIONER NANCE: -- and to start to talk about that, and
there's -- I think it's very difficult for citizens to catch up to the greater
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economic development issue, and so they're perplexed because -- you
know, we have a certain familiarity because we're watching it on a
week-by-week-by-week basis.
Well, when you come out and you introduce something like that
in Immokalee, and the people that are there, they're attending an
advisory board meeting or they're there for another purpose, they don't
really -- they can't get the big picture quickly.
And so I think these sorts of questions are a result of that. And I
know that Marshal and Jace out there are -- because they're working
out there so much and they're going to be working with the CRA
advisory committee on Promise Zone related things, that these -- that
our efforts are going to be more clearly understood easier.
COMMISSIONER TAYLOR: Well, you know what --
CHAIRMAN FIALA: Would you write some replies to those
questions and copy all of us in so we can see, you know --
COMMISSIONER NANCE: I will --
CHAIRMAN FIALA: -- how you're working with them?
COMMISSIONER NANCE: I will do it.
CHAIRMAN FIALA: Okay. That's great.
COMMISSIONER TAYLOR: One of the things -- I just wanted
to bring it up -- that I thought was interesting and juxtaposed according
to what we know at least the western incubator is doing is -- the
thought was the investment, $20,000, you, too, can start a business.
And when you propose that to some -- an individual in Immokalee, it's,
excuse me? Where did that come from?
And then, you know, the other question I thought was fascinating,
why does Taste of Immokalee have to be packaged on the East Coast?
Why isn't it packaged in Immokalee?
COMMISSIONER NANCE: Well, ma'am, it will be.
COMMISSIONER TAYLOR: But -- no, that's -- but, you know
-- and I'm not -- please, I'm not -- that's not a criticism. But, you know,
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these questions, I didn't even think about, and so -- I just thought I
wanted to bring this up so that you would -- you would be aware of it.
COMMISSIONER NANCE: No, I got it. I got it.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN FIALA: And you'll just give us the answers; that
would be great.
Okay. Go ahead. It's up to you.
COMMISSIONER NANCE: Commissioners, I want to -- I want
to say two things, number one, remember Happy 4th of July coming
up. It's our nation's Independence Day. It's always a good time for
reflection on how lucky we are even in the face of adversity or conflict.
So I hope everybody has a great holiday on that.
I would -- I would ask -- I have a concern about our status of our
management effort regarding windblown wildfire in the eastern part of
Collier County. Every day over the last several months I've watched
the annual things that take place in the West with windblown fire.
Out where Gail and I live, the year before we built our home out
there, there was a windblown fire in 1985 that had, you know, flames
80-feet tall. It was a crown fire on our property. And it was shocking
to me, and I've been out there in the woods, you know, a good bit.
And, you know, it's now been 30 years, and we're starting to get a
huge accumulation of duff out there. We've got debris from a couple
of different tropical storms, hurricanes; things are building up out
there. And, annually, we have only had in the neighborhood of
$10,000 a year to maintain our firebreaks out there through our
cooperative agreement with the Division of Forestry.
I would like to see if you would be willing to support allowing
staff to take some time to work on options that we have to enhance our
wildfire preparation and mitigation. You know, I've personally spoken
with Mr. Summers, I've personally met with some of the fire district
chiefs, I've personally met with people at Forestry, and I've personally
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met with Dr. George. And Dr. George and his team have done a great
deal of work to enable fire response to gain access to water sources of
all kinds in the county, whether they're county sources or municipal
sources through the City of Naples and so on and so forth.
But I just have this pit-in-my-stomach anxiety about this issue,
and I really want to get it up and make sure that it's really fully
organized. Things like our agreement with Steve Fletcher to come by
air if there's an emergency out there that threatens hundreds of homes.
Because we've had a situation, you know, where we were right on the
bubble; we could have lost several hundreds homes out in Golden Gate
Estates.
So, you know, with your nod, I will ask staff to go ahead and
work that up and come back to the Board with some different options
on what we might do.
One of the things, honestly, that I've talked about that I
understand other counties have done, for example, is have an
all-hazards MSTU which is a dedicated funding source -- it's very,
very tiny -- to do things that we otherwise haven't had funding for. For
example, we have never taken any money, to my knowledge -- much
out of the General Fund to do firebreak maintenance.
But imagine in Golden Gate Estates where we have 96,000 acres
if everybody just chipped in a dollar an acre a year. If they had a
two-and-a-half acre lot, it would be three bucks a year. We would
have almost $100,000 a year to do mitigation out in that area where,
you know, we have -- yes, it's low density, but if fire gets in there, you
know, it's going to -- it's going to kill people. It's -- in my view it's the
biggest risk we have in the county. I think it even exceeds a hurricane.
So I would just like your, you know, consideration to allow staff
to work this up and bring back some options to the Board.
CHAIRMAN FIALA: There's more fires than hurricanes, that's
for sure. And I think -- I love the idea. I think it should have been
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requested or proposed years ago.
COMMISSIONER NANCE: Yeah. And I'm not suggesting we
haven't been doing this, but I just think it's not quite as uptight as it
could be.
CHAIRMAN FIALA: Don't know which one was first, Henning
or Hiller.
COMMISSIONER HENNING: Hiller.
CHAIRMAN FIALA: Hiller.
COMMISSIONER HILLER: It is a very important issue,
especially in light of the fires that we've seen out in California, which
have been frightening.
I think coordinating with fire is obviously important. But my
question is whether or not there's federal or state funding for this type
of preparedness. I can't imagine that in light of this being not just a
local issue but a national issue that there wouldn't be federal grants out
there that we could avail ourselves of. And I'm not sure if we ever
have looked at federal funding for preparedness for these kind of
situations.
I mean, we -- you know, if we have a hurricane, we get federal
funding from, you know, FEMA for cleanup and for other
preparedness measures. I can't imagine that we wouldn't be able to get
funding for this particular issue as well.
COMMISSIONER NANCE: Well, Commissioner Hiller, thank
you. And I'll give you one example, okay, they explained to me the
other day. I said, you know, one resource that we have that we've
never really had to use is Mr. Fletcher who flies these fires out West.
And I was advised -- he said, well, do you know that in the state of
Florida you can't use fire retardants. You can't use them.
COMMISSIONER HILLER: I had no idea.
COMMISSIONER NANCE: So, you know, this -- you know,
they can drop water but you can't drop fire retardants. Well, in my
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view, if we're getting ready to lose 200 homes and people are going to
get killed, we -- you know, we should look into seeking the authority
to get permits to -- you know, if we declare an emergency or
something, we could use fire retardants. I mean, I'd much rather do
that.
COMMISSIONER HILLER: That would be a lobby issue. We
should find out from FAC why we can't.
COMMISSIONER NANCE: You know, things of that nature.
Just -- you know, I think a lot of this stuff is going to be fleshed out if
staff can dig into it a little bit.
COMMISSIONER HILLER: That's a good point.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. The -- on this particular
item, the independent fire districts are -- that's their bailiwick and how
they do that and, you know, I'm fearful that we might upset some
people within the independent fire districts. It would be great if we can
have that come from them to us to coordinate with them and --
COMMISSIONER NANCE: Well, they're certainly the key.
COMMISSIONER HILLER: No, we actually have our own fire
department. I mean, Collier County has Collier County Fire, so...
COMMISSIONER HENNING: Well, we do but our jurisdiction
is not in Golden Gate Estates.
CHAIRMAN FIALA: Right.
COMMISSIONER HILLER: I don't know what exactly our --
COMMISSIONER HENNING: I know you don't.
COMMISSIONER NANCE: Well, you know, we've got multiple
-- you know, we've got multiple agencies cooperating. I don't think it's
a lack of-- I don't think it's a lack of cooperation. I'm just trying to
figure out what we can do --
COMMISSIONER HENNING: Communicate with the
independent fire district.
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June 28, 2016
COMMISSIONER NANCE: -- to get some additional funding to
do work, because you actually have to do physical work to maintain
these firebreaks. And I think, you know, the forest service has -- you
know, they've got a big program for the Estates in our area; they do the
same thing in Lee County, but there's just no money to operate -- you
know, it's machine time. It's getting out there. And, you know, they've
already got it set up.
But there's a number of different elements. And, you know, Chief
Cunningham and Chief Schuldt, they've all said we'd love to get
together and talk about this issue. We've got a new spirit of
cooperation, so...
COMMISSIONER HENNING: Let's -- that would be the -- in
my opinion, the venues. Let's get together and see --
COMMISSIONER NANCE: Yes.
COMMISSIONER HENNING: -- if they want us to participate
or get involved in what they're charged by Florida law.
COMMISSIONER NANCE: Well, so far, Commissioner, the
feedback I'm getting from them is they're excited about the opportunity
if the Board --
COMMISSIONER HENNING: That's staff members. There's
elected officials over those independent fire districts.
COMMISSIONER NANCE: Right. I mean, they'd have to --
certainly, they'd have to get approval from their boards, but they're --
the initial feedback I got was positive if the Board would support, you
know, working together.
COMMISSIONER HENNING: I think it's a great idea.
COMMISSIONER NANCE: Okay.
COMMISSIONER HENNING: Coordination with the
independent fire districts is a way to make things happen so it doesn't
backfire later on and somebody say, well, you didn't consult with us.
You left us out.
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June 28, 2016
COMMISSIONER NANCE: I think that's wise counsel.
CHAIRMAN FIALA: Was that all you had, Commissioners
Nance?
COMMISSIONER NANCE: Yes, ma'am.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Leo, just for my knowledge, I
know we have the Ochopee Fire District, we have the Isles of Capri,
and then we have that third fire district. What is the boundary of that
third one, you know, the one that shows up in the budget?
MR. OCHS: Collier County Fire District 1.
COMMISSIONER HILLER: Yeah. What is that area?
MR. OCHS: It's fairly sparsely inhabited. It's kind of south of the
Estates and --
COMMISSIONER HENNING: It's the Picayune.
MR. OCHS: -- Picayune Forest, Miller Boulevard, that area.
COMMISSIONER HENNING: There's parts of-- off of Marco
and Isle of Capri, those remote islands with some structures on it.
MR. OCHS: Right.
COMMISSIONER HILLER: Okay. I wasn't sure because I --
COMMISSIONER HENNING: Actually, south of Marco, too.
COMMISSIONER HILLER: Happy July 4th. It's coming up
this weekend. Happy Birthday again, Happy Birthday again to Mark,
and very good meeting, Commissioner Fiala. There was a lot on the
agenda, and we got through it.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. You know, I'm amazed.
Here we are early yet, and we had a whole bunch of items to take care
of, to discuss and vote on; however, previous meetings we had very
little on there and taken the same time. So good meeting.
The second thing, Crystal, I am really concerned because of the
Board's action, the majority of the Board's action on disburse -- the
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June 28, 2016
disbursements. And I know the Clerk -- I don't know what he's going
to do.
My concern would be that employees would not get paid because
the county thinks the Board hasn't approved those items. And I just
wish that you would share that with the -- share that with the Clerk.
You know --
CHAIRMAN FIALA: Actually, I was worried about that, too.
COMMISSIONER HENNING: Yeah. And God forbid if that
would happen in the future with new leadership is employees are
delayed in getting paid because the feeling is we did not approve it,
even though that we have approved the salary ranges multiple times on
the agenda, the consent agenda, even though the Florida Statute
dictates that the county administrator shall administer, employ, and
manage the Board's employees. So if you would pass that concern on.
MS. KINZEL: Yes.
COMMISSIONER HENNING: Thanks.
Move to adjourn. Oh, you've got to speak.
CHAIRMAN FIALA: Yeah, I haven't said anything yet. Excuse
me.
Happy Birthday, David. I hope your night is great. I hope you
enjoy each other and have some wonderful time together, you and your
wife and your kids, too.
I wanted to know just simple things. I was wondering, are we
addressing the redevelopment issues in the certain areas? Of course,
that's definitely in Penny Taylor's district and mine. The
redevelopment areas, are we -- I know we had some problems in the
beginning in the Triangle, remember, with all those weird buildings
and then the odd lot sizes, and then they had to have windows but they
couldn't and had to have landscaping but they couldn't and had to have
parking but it was difficult. Have we been addressing a lot of those?
MR. CASALANGUIDA: You did a lot of that, ma'am, with the
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June 28, 2016
site plan with deviations process --
CHAIRMAN FIALA: Yes.
MR. CASALANGUIDA: -- in your LDC amendments, your
architectural standards. There's a lot of that in there as well, too.
So I'm hearing good things. There's still some requirements that
some of the developers are saying are a little onerous, and I think staff
keeps working with them. But there two items coming up in the LDC
that makes -- to make it a little bit more streamline.
CHAIRMAN FIALA: Great, great. I know that being some
action is beginning to take place, I thought -- I just wanted to make
sure that, you know, they don't get stumbled up or something, you
know. Thank you very much.
The second one is, I wanted to know -- I know we're working on
gas stations in neighborhoods and close to -- close to entrances. We're
probably also discussing the traffic into those areas, right? Yeah.
MR. CASALANGUIDA: That's already covered in your TIS.
The one that's in your LDC amendment with traffic is your schools
that's not covered. That was in this LDC amendment as well, too. But
gas stations are already required to address traffic as part of your comp
plan and your TIS guidelines.
CHAIRMAN FIALA: But that's -- is that regular gas stations, or
is it big ole truck stops?
MR. CASALANGUIDA: All gas -- no matter which kind. They
don't even look at the end use. They look at just the total trip count
and the type of vehicle that goes in there. So that's already covered.
The only thing that's not covered is schools, and that's in this cycle of
the LDC to amend that as well.
CHAIRMAN FIALA: Because I'm fearful -- you know, like, for
instance, the one they have on Manatee Road, well, luckily, the
Manatee Road people can get out because they go behind the other gas
station that's over there and get out onto 951; otherwise, they can't get
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June 28, 2016
out of there.
And they were talking about in River Reach the problems that
they've had there, because they have no way to get out. As I told you
before, they're -- the people are having trouble getting out of work.
But you've mentioned to me that it's probably the charter school there
that's tying it up.
MR. CASALANGUIDA: Without question.
CHAIRMAN FIALA: And, you know something else somebody
said about another one of the gas stations. Oh, gosh. Let me -- oh, it's
the one on Airport Road of all things, that Racetrac again. They said --
and this is a good thing except -- and I wouldn't know how to address
it. It's so full of all the landscapers going to work that the regular guys
in just a car can't get in or out of those places so they have to go
elsewhere for gasoline.
You know, I mean, it's amazing to be that successful that people
are lined up and trying to get in and can't get in there, but I think it's
something that -- you know, we know that they have an immense
amount of traffic coming and going, and we -- our codes never dealt
with that before, because our codes were way back from the late '80s.
And I know that we're trying to address them, but I think we
really have to make sure that we're taking into consideration all the
new stuff that's coming our way because we've got the Wawas coming
in, too, and now we've got the Murphy Oils coming in, and I just don't
know how they're going to get in and out of there.
We've got the one over here on Glades Boulevard, and the people
in the Glades now are fretting; they only just have a two-lane road.
How are they going to get in and out of their community, they say.
MR. CASALANGUIDA: Our traffic guys are looking at that,
and I think your RaceTrac is one of the few gas stations -- there are
more coming -- that do the ethanol free. Boaters can tend to use those
gas stations because they don't want to put that in their boat engines.
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June 28, 2016
COMMISSIONER HENNING: Why is everybody picking on
gas stations? I use it once a week.
MR. CASALANGUIDA: I use that one, too, and it's not too bad,
the Race -- other than the schools, yeah.
CHAIRMAN FIALA: Yeah. Well -- and, you know, you've got
a lot of people going to work. Like, for instance, the --
COMMISSIONER HENNING: They drive.
CHAIRMAN FIALA: Huh?
COMMISSIONER HENNING: They drive to work.
CHAIRMAN FIALA: Yeah, and they pull their trucks behind
them, and they probably -- you know, I guess the lawn guys who have
to drive all over, I guess they must fill up. This is all I'm hearing. I
don't drive a lawn truck, so I don't know. But this is what I'm hearing.
COMMISSIONER HENNING: Okay. Who you're hearing it
from, do they cut their own grass?
CHAIRMAN FIALA: I don't know. How would I know? I just
know they cut other people's grass.
COMMISSIONER NANCE: It's the landscape maintenance
crew going to the medians, ma'am. Come on.
CHAIRMAN FIALA: I don't think so.
COMMISSIONER NANCE: You might be surprised.
CHAIRMAN FIALA: It could be. I hope they are.
So I was just wanting to address that, because I'm sure we're
going to have -- we're going to be facing -- faced with it more and
more as bigger and better continue to come in and it impacts
neighborhoods. We just have to think about that.
Yes?
COMMISSIONER HENNING: I cut my own grass.
CHAIRMAN FIALA: Good for you. I do not. Proud of you.
Let's see. Oh, yeah. Well, somebody else suggested -- but I won't
even bother with that one this time. I'll just leave it at those two
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because I know those are issues coming up.
Okay. Any further comments?
COMMISSIONER NANCE: None.
CHAIRMAN FIALA: I want to say Happy July 4th to everyone.
And I'm going to -- my County Attorney and I think our other
esteemed commissioner, Penny Taylor, are all heading up to Orlando
to go to the Florida Association of Counties meeting. It's going to be
exciting, and we're about to leave. So thank you all for being here.
MR. OCHS: Safe travels.
CHAIRMAN FIALA: Thank you.
*****
**** Commissioner Nance moved, seconded by Commissioner Hiller
and (Commissioner Henning opposed) that the following items under
the Consent and Summary Agendas be approved and/or adopted
Item #16A1
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $357,504 WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
60.116, PL20140000514 FOR WORK ASSOCIATED WITH
TEMPLE CITRUS GROVE — THE AS-BUILT LAKE CROSS
SECTIONS HAVE BEEN RECEIVED AND THE LAKES HAVE
BEEN INSPECTED BY STAFF
Item #16A2
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS
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June 28, 2016
A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.887-
11, PL20130002458 FOR WORK ASSOCIATED WITH QUARRY
SOUTH BEACH GROVE — THE AS-BUILT LAKE CROSS
SECTIONS HAVE BEEN RECEIVED AND THE LAKES HAVE
BEEN INSPECTED BY STAFF
Item #16A3
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
DRAINAGE EASEMENT (PARCEL 105DE) NECESSARY FOR
CONTINUED MAINTENANCE OF UNDERGROUND
STORMWATER DRAINAGE FACILITIES INSTALLED AS
PART OF THE GATEWAY TRIANGLE STORMWATER
MANAGEMENT SYSTEM. PROJECT NO. 51803. (ESTIMATED
FISCAL IMPACT: $13,600) — PORTIONS OF FOLIO
#75610400009 AND FOLIO #00386600001
Item #16A4
THE SHORT-LIST OF PROFESSIONAL ENGINEERING
CONSULTANTS PURSUANT TO REQUEST FOR PROPOSAL
(RFP) NUMBER 16-6560, CEI SERVICES FOR THE WHITE
BOULEVARD OVER CYPRESS CANAL BRIDGE
REPLACEMENT PROJECT AND TO ENTER INTO
NEGOTIATIONS BETWEEN COLLIER COUNTY AND AECOM
TECHNICAL SERVICES, INC., FOR "CONSTRUCTION
ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE
WHITE BOULEVARD OVER CYPRESS CANAL BRIDGE
REPLACEMENT PROJECT," (PROJECT NO. 66066)
Item #16A5
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June 28, 2016
AUTHORIZE THE CHAIRMAN TO APPROVE AND EXECUTE
A SOVEREIGNTY SUBMERGED LANDS EASEMENT FROM
THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,
PROJECT NO. 66066, FOR THE INSTALLATION AND
MAINTENANCE OF BRIDGES AT TWO LOCATIONS ON
VANDERBILT DRIVE. (FISCAL IMPACT: NONE) — THE TWO
PARCLES ARE LOCATED IN SECTIONS 16,17,20 AND 21,
TOWNSHIP 48 SOUTH, TANGE 25 EAST IN THE
COCOHATCHEE RIVER AND THE COCOHATCHEE RIVER
TRIBUTARY
Item #16A6
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN
THE COLLIER METROPOLITAN PLANNING ORGANIZATION
AND THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS — WHICH TERMINATES ON JUNE 30, 2019
Item#16A7
AN AMENDMENT TO THE STAFF SERVICES AGREEMENT
BY AND BETWEEN THE COLLIER METROPOLITAN
PLANNING ORGANIZATION (MPO) AND THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS — WHICH
OUTLINES THE DUTIES AND OBLIGATIONS OF THE
COUNTY WITH RESPECT TO ITS ROLE IN PROVIDING
STAFF, OFFICE SPACE, EQUIPMENT AND VARIOUS
SERVICES ASSISTING THE MPO
Page 200
June 28, 2016
Item #16A8
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 323RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH
STREET EAST TO EAST OF EVERGLADES BOULEVARD.
(PROJECT NO. 60145) (ESTIMATED FISCAL IMPACT: $43,603)
— FOLIO #40623520008
Item #16A9
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 341RDUE) AND A TEMPORARY
DRIVEWAY RESTORATION EASEMENT (PARCEL 341TDRE)
REQUIRED FOR THE EXPANSION OF GOLDEN GATE
BOULEVARD FROM 20TH STREET EAST TO EAST OF
EVERGLADES BOULEVARD (PROJECT NO. 60145)
(ESTIMATED FISCAL IMPACT: $7,600) — FOLIO #40626280002
Item #16A10
THE CHAIRMAN TO EXECUTE CONTRACT NO. 16-6629 TO
PROVIDE PROFESSIONAL ENGINEERING SERVICES AS
REQUIRED FOR THE "2016 BEACH RENOURISHMENT
PROJECT" FOR $111,756.30 WITH CB&I ENVIRONMENTAL &
INFRASTRUCTURE, INC., AND MAKE A FINDING THAT THIS
ITEM PROMOTES TOURISM (PROJECT NO. 80301) — IN
ORDER TO OBTAIN A NOTICE TO PROCEED AS REQUIRED
FOR THE BEACH RENOURISHMENT ON VANDERBILT
Page 201
June 28, 2016
BEACH, PARK SHORE BEACH AND PELICAN BAY BEACH
Item #16A11
RESOLUTION 2016-136: A RESOLUTION REVISING THE
"CONSTRUCTION STANDARDS HANDBOOK FOR WORK
WITHIN THE RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA"
(CONSTRUCTION HANDBOOK), IN ACCORDANCE WITH
ORDINANCE NO. 2003-37, AS AMENDED
Item #16Al2
THE SHORT-LIST OF PROFESSIONAL ENGINEERING
CONSULTANTS PURSUANT TO REQUEST FOR PROPOSAL
(RFP) # 16-6588, CEI SERVICES FOR THE LOGAN
BOULEVARD EXTENSION PROJECT, AND TO ENTER INTO
NEGOTIATIONS BETWEEN COLLIER COUNTY AND KCCS,
INC., FOR "CONSTRUCTION ENGINEERING AND
INSPECTION (CEI) SERVICES FOR LOGAN BOULEVARD
EXTENSION PROJECT" (PROJECT NO. 33464)
Item #16A13
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $310,480 FOR PAYMENT OF $530, IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. VIRGINIA VILLARREAL,
CODE ENFORCEMENT BOARD CASE NO. CESD20110002682,
RELATING TO PROPERTY LOCATED AT 1314 TANGERINE
STREET, COLLIER COUNTY, FLORIDA — CONSISTING OF
TWO SHEDS IN THE REAR OF THE PROPERTY WITHOUT
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June 28, 2016
PERMITS WHICH WERE BROUGHT INTO COMPLIANCE ON
APRIL 25, 2016
Item #16A14
AN AGREEMENT FOR THE PURCHASE OF A "FEE" ESTATE
(PARCEL 101 FEE) AND A TEMPORARY CONSTRUCTION
EASEMENT (PARCEL 101 TCE) NECESSARY FOR THE
CONSTRUCTION OF ROADWAY AND RELATED
IMPROVEMENTS REQUIRED AT THE INTERSECTION OF
AIRPORT-PULLING ROAD AND DAVIS BOULEVARD,
(PROJECT NO. 60148), AND APPROVE THE RELEASE OF A
CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF
$14,366.88 FOR PAYMENT OF $641.88, PER SAID
AGREEMENT, IN THE CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS V. HOME
DEPOT USA, INC., CODE ENFORCEMENT BOARD CASE NO.
2005040822 RELATING TO PROPERTY LOCATED AT 1651
AIRPORT ROAD SOUTH, COLLIER COUNTY, FLORIDA.
(ESTIMATED FISCAL IMPACT: $95,650) — COSISTING OF A
CODE VIOLATION FOR A POLE SIGN WITHOUT A PERMIT
WHICH WAS BROUGHT INTO COMPLIANCE ON JUNE 13,
2006
Item #16A15
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $180,681.15 FOR PAYMENT OF $3,000,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. CASSIA POVIONES, CODE
ENFORCEMENT BOARD CASE NO. CESD20120017981
Page 203
June 28, 2016
RELATING TO PROPERTY LOCATED AT 3030 39TH STREET
SW, COLLIER COUNTY, FLORIDA — CONSISTING OF A
DEMOLITION AND REMODEL WITHOUT PERMITS WHICH
WAS BROUGHT INTO COMPLIANCE ON DECEMBER 14, 2015
Item #16A16
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $24,712.29 FOR PAYMENT OF $3,000 IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. NAAC MORTGAGE PASS-
THROUGH CT, CODE ENFORCEMENT BOARD CASE NO.
CESD20130000703 RELATING TO PROPERTY LOCATED AT
1109 PALM DRIVE, COLLIER COUNTY, FLORIDA —
CONSISTING OF A DETACHED GARAGE, WOODEN
STOCKADE TYPE FENCE WITHOUT CERTIFICATE OF
OCCUPANCY/COMPLETION WHICH WERE BROUGHT INTO
COMPLIANCE ON FEBRUARY 6, 2014
Item #16A17
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $23,476.15 FOR PAYMENT OF $676.15
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. TOMATOES PLUS, INC.,
CODE ENFORCEMENT BOARD CASE NO. CELU20120002552
RELATING TO PROPERTY LOCATED AT 100 MADISON
AVENUE E, UNIT A, COLLIER COUNTY, FLORIDA —
CONSISTING OF STORING TRAILERS, SEMI-TRACTOR,
CARS AND CAMPER TRAILES WHICH WERE BROUGHT
INTO COMPLIANCE ON AUGUST 8, 2014
Page 204
June 28, 2016
Item #16A18
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $21,550.42 FOR PAYMENT OF $5,750.42
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. FERNANDO ROSQUETTE,
CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CEPM20090001294, RELATING TO PROPERTY LOCATED AT
2365 10TH AVENUE NE, COLLIER COUNTY, FLORIDA —
CONSISTING OF A DANGEROUS BUILDING WHICH WAS
BROUGHT INTOCOMPLIANCE BY THE COUNTY ON JUNE
11, 2009
Item #16A19
WORK ORDER WITH CB&I COASTAL PLANNING &
ENGINEERING, INC., TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES FOR MODIFICATIONS TO THE
COUNTY'S BEACH AND INLET PHYSICAL MONITORING
PLANS UNDER CONTRACT NO.15-6382 FOR TIME AND
MATERIALS NOT TO EXCEED $5,976 AND AUTHORIZE THE
COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE
WORK ORDER, AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM — FOR THE FOLLOWING:
VANDERBILT, PELICAN BAY, PARK SHORE, NAPLES AND
MARCO ISLAND BEACHES ALONG WITH THE
VANDERBILT, DOCTOR'S PASS, COLLIER CREEK AND
CAXAMBAS PASS INLETS
Item #16A20
Page 205
June 28, 2016
SELECTION OF CH2M HILL PURSUANT TO RFP NO. 16-6617,
"RANDALL BOULEVARD AND OIL WELL CORRIDOR
STUDY" AND AUTHORIZE STAFF TO NEGOTIATE A
CONTRACT WITH CH2M HILL FOR SUBSEQUENT BOARD
APPROVAL — FOR THE DEVELOPMENT OF MULTI-LANE
IMPROVEMENT TO RANDALL BLVD. AND OIL WELL ROAD
Item #16A21
CORRECT A SCRIVENER'S ERROR BY CHANGING THE
PROJECT FOR AWARDED CONTRACT NO. 16-6584, CYPRESS
WAY EAST SIDEWALK PROJECT (PROJECT NO. 60118.4),
COUNTY WIDE PATHWAYS TO PROJECT NO. 69081,
COUNTY WIDE BIKEWAY IMPROVEMENT, AND APPROVE
THE BUDGET AMENDMENTS NECESSARY TO RE-
APPROPRIATE FUNDING TO THE CORRECT PROJECT — THE
NEW SIDEWALKS AND ALL REPLACEMENT FEATURES
HAVE AN ESTIMATED USEFULL LIFE OF 30 YEARS WITH
MINIMAL TO NO REPAIR
Item #16A22
CORRECT A SCRIVENER'S ERROR BY CHANGING THE
PROJECT FOR AWARDED CONTRACT NO. 16-6608, COUNTY
WIDE PATHWAYS - OUTER DRIVE SIDEWALK PROJECT,
PROJECT NO. 60118.3, COUNTY WIDE PATHWAYS TO
PROJECT NO. 69081, COUNTY WIDE BIKEWAY
IMPROVEMENT, AND APPROVE THE BUDGET
AMENDMENTS NECESSARY TO RE-APPROPRIATE
FUNDING TO THE CORRECT PROJECT — THE NEW
Page 206
June 28, 2016
SIDEWALKS AND ALL REPLACEMENT FEATURES HAVE AN
ESTIMATED USEFULL LIFE OF 30 YEARS WITH MINIMAL
TO NO REPAIR
Item #16A23
A WORK ORDER WITH CB&I COASTAL PLANNING &
ENGINEERING, INC., TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES FOR THE 2017-2018 LOCAL
GOVERNMENT FUNDING REQUEST TO THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
LOCAL BEACH RENOURISHMENT AND SHORE
PROTECTION PROJECTS UNDER CONTRACT NO.15-6382
FOR TIME AND MATERIALS NOT TO EXCEED $10,920,
AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO
EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM — AN AFTER-THE-FACT
PROPOSAL WILL BE PRESENTED TO THE CAC AT THE
AUGUST 11, 2016 MEETING DUE TO SUBMITTAL DEADLINE
OF AUGUST 1, 2016
Item #16A24
RESOLUTION 2016-137: GRANT FINAL APPROVAL OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF HAMPTON VILLAGE PHASE 1 REPLAT
APPLICATION NUMBER PL20120002486 WITH THE
ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIVATELY MAINTAINED AND AUTHORIZING THE
RELEASE OF THE MAINTENANCE SECURITY
Page 207
June 28, 2016
Item #16A25
RECORDING THE FINAL PLAT OF AZURE AT HACIENDA
LAKES, APPLICATION NUMBER PL20160001001, APPROVAL
OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY —
W/STIPULATIONS
Item #16A26
RESOLTUION 2016-138: GRANT FINAL APPROVAL OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF SABAL BAY COMMERCIAL PLAT -
PHASE FOUR APPLICATION NUMBER AR-13453 WITH THE
ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIVATELY MAINTAINED AND AUTHORIZING THE
RELEASE OF THE MAINTENANCE SECURITY
Item #16A27
TRI-PARTY DEVELOPER CONTRIBUTION AGREEMENT
WITH HACIENDA LAKES OF NAPLES, LLC, AND THE
DISTRICT SCHOOL BOARD OF COLLIER COUNTY TO
ALLOW HACIENDA LAKES OF NAPLES, LLC, TO CONVEY A
19.5-ACRE PARCEL WITHIN THE HACIENDA LAKES MPUD
FOR USE AS AN ELEMENTARY SCHOOL SITE IN EXCHANGE
FOR EDUCATIONAL IMPACT FEE CREDITS IN THE SUM OF
$2,834,750 WHICH EXCHANGE IS IN ACCORDANCE WITH
THE DEVELOPER COMMITMENTS SET FORTH IN THE MPUD
DOCUMENT, AND WHICH SUM REPRESENTS THE
Page 208
June 28, 2016
APPRAISED FAIR MARKET VALUE OF THE PARCEL —
LOCATED IN SECTIONS 14 AND 23, TOWNSHIP 50 SOUTH,
RANGE 26 EAST
Item #16B1
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE COMMUNITY REDEVELOPMENT AGENCY BOARD,
APPROVE THE FIRST AMENDMENT TO THE U.S. HOUSING
AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR THE
PINELAND AVENUE STORMWATER IMPROVEMENT
PROJECT BETWEEN COLLIER COUNTY AND THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AGENCY PROVIDING AN ADDITIONAL
$5,000 IN GRANT FUNDING FOR PERMITTING AND
CONSTRUCTION INSPECTION SERVICES AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENT — BRINGING THE
TOTAL AWARD TO $103,050 FOR THIS PROJECT
Item #16C1
RESOLUTION 2016-139: A RESOLUTION AND
SATISFACTIONS OF LIEN FOR THE 1991, 1993, 1994, 1995,
AND 1996 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS WHERE THE COUNTY
HAS RECEIVED PAYMENT IN FULL SATISFACTION OF THE
LIENS. FISCAL IMPACT IS $61 TO RECORD THE
SATISFACTIONS OF LIENS
Item #16D1
Page 209
June 28, 2016
AUTHORIZE THE CHAIRMAN TO SIGN SEVEN
SATISFACTIONS OF MORTGAGE FOR OWNER-OCCUPIED
AFFORDABLE HOUSING UNITS THAT HAVE SATISFIED THE
TERMS OF ASSISTANCE FOR COLLIER COUNTY HOME
INVESTMENT PARTNERSHIP PROGRAM — FOR THE
FOLLOWING LOCATIONS: 804 BREEZEWOOD DRIVE; 415
GAUNT ST.; 251 OLD TRAIN LANE; 2575 54TH ST SW; 1022
RINGO LANE; 802 PALM RIDGE AND 5216 MAPLE LANE
Item #16D2
TWO MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) SINGLE
FAMILY REHABILITATION PROGRAM IN THE COMBINED
AMOUNT OF $29,514 — FOR THE FOLLOWIN LOCATIONS;
4004 ROSE AVENUE & 1419 SANTA ROSA DRIVE
Item #16D3
TWO SATISFACTIONS OF MORTGAGE FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM
FOR FULL PAYMENT IN THE AMOUNT OF $39,400 AND TO
AUTHORIZE A BUDGET AMENDMENT RECOGNIZING
$39,400 IN PROGRAM INCOME REVENUE GENERATED BY
REPAYMENT OF LOANS (NET FISCAL IMPACT OF $39,400) —
FOR THE FOLLOWING LOCATIONS: 4675 30TH PLACE SW
AND 1420 27TH ST SW
Item #16D4
Page 210
June 28, 2016
A REVISION TO FEDERAL TRANSIT ADMINISTRATION
SECTION 5310 GRANT AWARD, AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS, AND APPROVE THE
PURCHASE OF THREE AVAIL INTELLIGENT
TRANSPORTATION SYSTEM (ITS) COMPONENTS FOR THE
NEW PARATRANSIT VEHICLES — FOR WHICH FDOT
REQUIRES A 10% LOCAL MATCH OF $2,085
Item #16D5
THREE RELEASES OF LIEN FOR FULL PAYMENT OF
DEFERRAL OF 100 PERCENT OF COUNTYWIDE IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING
DWELLING UNITS — FOR THE FOLLOWING LOCATIONS:
10271 KINGDOM COURT; 3780 JUSTICE CIRCLE AND 9055
GREVAIS CIRCLE #1401
Item #16D6
THIRTEEN MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE COMBINED AMOUNT OF $114,763 — FOR THE
FOLLOWING LOCATIONS: 1460 GREEN VALLEY CIRCLE,
UNIT 403; 5482 MARTIN STREET; 156 PEBBLE SHORES DR.,
UNIT #103; 5071 32' AVE SW; 4413 17TH PLACE SW; 10271
KINGDOM COURT; 4401 18TH PLACE SW; 3171 32ND AVE SE;
4340 19TH AVE SW; 9055 GERVAIS CIRCLE #1401; 2170 23'
STREET SW; 2985 37TH AVENUE NE AND 5495 25TH PLACE SW
Item #16D7
Page 211
June 28, 2016
SEVEN STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM RELEASE OF LIENS IN THE AMOUNT OF
$51,690.45 FOR OWNER-OCCUPIED AFFORDABLE HOUSING
DWELLING UNITS WHERE THE OBLIGATION HAS BEEN
REPAID IN FULL — FOR THE FOLLOWING LOCATIONS: 3583
CARSON LAKES; 5473 CATTS STREET; 5370 TEXAS AVE;
5413 CARLTON STREET; 475 41ST AVE NW; 5246 TEXAS AVE
AND 3880 62ND AVE NE
Item #16D8
THE EXPENDITURE OF CATEGORY "A" BEACH PARK
FACILITY TOURIST TAX FUNDS FOR RESTRIPING THE
PARKING GARAGE AT THE COUNTY'S VANDERBILT
BEACH PARK FOR $19,278.65 AND MAKE A FINDING THAT
THIS EXPENDITURE PROMOTES TOURISM — WHICH
INCLUDES THE THERMOPLASTIC TRAFFIC STRIPES,
RESTRIPING THE PARKING SPACE MARKINGS,
HANDICAPPED SPACES AND ARROWS AT THE PARKING
GARAGE LOCATED AT VANDERBILT BEACH ROAD
Item #16D9
A BUDGET AMENDMENT TO INCREASE MEALS FOR THE
2016 SUMMER FOOD SERVICE PROGRAM (SFSP). (FISCAL
IMPACT: GRANT FUND $8,839.58 AND LOCAL GENERAL
FUND $578.42 FOR A TOTAL OF $9,148) — PROVIDING
NUTRITIONAL BREAKFASTS AND LUNCHES FOR THOSE
CHILDREN THAT ARE UNABLE TO GO TO SITES OFFERED
BY THE SCHOOL BOARD
Page 212
June 28, 2016
Item #16D10
AN ACCESS LICENSE AGREEMENT WITH LYNX
ZUCKERMAN AT HAMILTON GREEN, LLC AND SIENNA
RESERVE HOMEOWNERS ASSOCIATION TO ALLOW
RESIDENTS OF THE SIENNA RESERVE NEIGHBORHOOD
ACCESS TO THE NORTH COLLIER REGIONAL PARK
THROUGH A PRIVATE ENTRANCE POINT — FOR FOLIO
#00196800004 AND FOLIO #73620010122
Item #16D11
BUDGET AMENDMENTS IN THE AMOUNT OF $244,978.36 TO
RESTORE THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) CDBG GRANT PROGRAM
AVAILABLE BALANCES FROM THE RECONCILIATION OF
THE 2001-2010 PROGRAM YEARS (NET FISCAL IMPACT OF
$66,268.07) - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D12
BUDGET AMENDMENTS IN THE AMOUNT OF $33,369.75 TO
RESTORE THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) HOME GRANT PROGRAM
AVAILABLE BALANCES FROM THE RECONCILIATION OF
THE 2006-2007 PROGRAM YEARS
Item #16D13
RESOLUTION 2016-140: A RESOLUTION SUPERCEDING
RESOLUTION NO. 2015-126, WHICH ESTABLISHED THE
Page 213
June 28, 2016
COLLIER AREA TRANSIT (CAT) ADVERTISING POLICY,
STANDARDS AND RATE SCHEDULES TO CORRECT
SCRIVENER ERRORS IN ESTABLISHED RATE SCHEDULES
AND ADD THE ABILITY TO ADVERTISE ON THE BUS
SCHEDULES
Item #16D14
RESOLUTION 2016-141 : A RESOLUTION REPEALING AND
SUPERSEDING RESOLUTION NO. 2012-181, AND
ESTABLISHING A REVISED COLLIER COUNTY PUBLIC
LIBRARY FINES AND FEES SCHEDULE
Item #16D15
AUTHORIZE THE CHAIRMAN TO SIGN ONE SATISFACTION
OF MORTGAGE FOR A FIRST TIME HOME BUYER OF AN
AFFORDABLE HOUSING UNIT THAT HAS SATISFIED THE
TERMS OF ASSISTANCE FOR THE COLLIER COUNTY
NEIGHBORHOOD STABILIZATION PROGRAM AND
AUTHORIZE A BUDGET AMENDMENT RECOGNIZING THE
PROGRAM INCOME — LOCATED AT 4735 6TH AVE SE
Item #16D16
AUTHORIZE THE CHAIRMAN TO EXECUTE A LANDLORD
PAYMENT AGREEMENT, ALLOWING THE COUNTY TO
ADMINISTER THE RAPID RE-HOUSING AND
HOMELESSNESS PREVENTION PROGRAM THROUGH THE
EMERGENCY SOLUTIONS GRANT PROGRAM — WITH GOLF
CREST OF NAPLES CONDOMINIUM ASSOCIATION, INC.
Page 214
June 28, 2016
Item #16D17
TWO STATE HOUSING INITIATIVE PARTNERSHIP SPONSOR
AGREEMENTS BETWEEN COLLIER COUNTY AND BIG
CYPRESS HOUSING CORPORATION, CONTRACT AWARD
$500,000, FOR RENTAL REHABILITATION AND COMMUNITY
ASSISTED AND SUPPORTED LIVING, INC., CONTRACT
AWARD $412,500 FOR THE ADMINISTRATION OF RENTAL
ACQUISITION — WITH BCHC (BIG CYPRESS HOUSING
CORPORATION) AND COMMUNITY ASSISTED AND
SUPPORTED LIVING, INC.
Item #16D18
A JOINT APPLICATION FROM THE COLLIER COUNTY
MUSEUMS AND THE MARCO ISLAND HISTORICAL
SOCIETY TO BORROW SIGNIFICANT ARTIFACTS FOUND
ON MARCO ISLAND DURING THE 1896 PEPPER-HEARST
ARCHAEOLOGICAL EXPEDITION FROM THE SMITHSONIAN
INSTITUTION'S NATIONAL MUSEUM OF NATURAL
HISTORY AND UNIVERSITY OF PENNSYLVANIA MUSEUM
FOR A TEMPORARY EXHIBIT AT THE MARCO ISLAND
HISTORICAL MUSEUM
Item #16D19
THE 2016 ANNUAL PROGRESS REPORT OF THE COLLIER
COUNTY TRANSIT DEVELOPMENT PLAN AND AUTHORIZE
ITS SUBMISSION TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)
Page 215
June 28, 2016
Item #16D20
ADVISORY NOTIFICATION FROM THE COUNTY HEALTH
DEPARTMENT REGARDING FAMILY PLANNING EXPANDED
SERVICES BEGINNING JULY 1, 2016 — FOR SERVICES THAT
INCLUDE FAMILY PLANNING EDUCATION, COUNSELING,
MEDICAL EXAMINATION, TESTS, TREATMENT AND
PROCEDURES, PHARMACEUTICALS, DEVICES AND
SUPPLIES
Item #16D21
AUTHORIZE THE CHAIRMAN TO SIGN AN AMENDMENT TO
THE FY 2015-2016 STATE AID TO LIBRARIES GRANT
AGREEMENT TO MEET DELIVERABLES REQUIREMENTS AS
REQUIRED BY THE STATE, ACCEPT THE SECOND
PAYMENT OF $399, AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENT — BRINGING THE GRANT AWARD
TOTAL TO $220,248.00
Item #16D22
REJECT THE SOLE RESPONSE RECEIVED FOR REQUEST
FOR PROPOSAL NO. 16-6581 PUBLIC LIBRARY COMMUNITY
NEEDS ASSESSMENT — FOR A NEEDS ASSESSMENT
ANALYZING LIBRARY SERVICES
Item #16D23 — Moved to Item #11E (Per Agenda Change Sheet)
Item #16D24
Page 216
June 28, 2016
SUBSTANTIAL AMENDMENTSCOUNTY'S TO COLLIER COUNTY S U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL ACTION PLANS FOR FY 2013-2014, FY 2014-2015,
AND FY 2015-2016 TO INCREASE FUNDING FOR THE
PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PINELAND STORMWATER
(BAYSHORE CRA) PROJECT AND THE. CDBG YOUTH HAVEN
SHELTER AND TRANSITIONAL LIVING PROJECT, ADD A
NEW EMERGENCY SOLUTIONS GRANT (ESG) PROJECT TO
FUND THE HOMELESS MANAGEMENT INFORMATION
SYSTEM, REDUCE FUNDING FOR THE ESG RENTAL
ASSISTANCE PROGRAM; AND APPROVE FIRST
AMENDMENTS TO THE ASSOCIATED SUBRECIPIENT
AGREEMENTS — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D25
AGREEMENT CONFIRMING GAP HOUSING DENSITY BONUS
AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL
PROPERTY ALLOWING EITHER FOR SALE OR FOR RENT
UNITS IN THE VINCENTIAN MPUD — LOCATED IN SECTION
32, TOWNSHIP 50 SOUTH, RANGE 26 EAST
Item #16D26
A $20,000 SHIP PURCHASE ASSISTANCE DISBURSEMENT
UNDER THE STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) PROGRAM
Page 217
June 28, 2016
Item #16E1
THE LIQUIDATION OF THE COUNTY'S OWNERSHIP OF
COMMON STOCK IN METLIFE INSURANCE COMPANY
RESULTING FROM THE DEMUTUALIZATION OF THE
CARRIER AND TO TRANSFER THE PROCEEDS OF THE SALE
TO FUND 517, GROUP HEALTH AND LIFE IN THE
ESTIMATED AMOUNT OF $220,720.50
Item #16E2
DIOCESE OF VENICE NON-EXCLUSIVE SPACE USAGE
AGREEMENT AND LICENSE WITH ST. JOHN THE
EVANGELIST CATHOLIC CHURCH FOR PUBLIC UTILITIES
PUBLIC INFORMATION MEETINGS AND PROJECT TEAM
PROGRESS MEETINGS, AT NO COST — LOCATED AT 625
111TH AVENUE NORTH, NAPLES
Item #16E3
THE ADVERTISEMENT OF AN ORDINANCE FOR FUTURE
CONSIDERATION WHICH WOULD AMEND ORDINANCE NO.
2002-56, THE COLLIER COUNTY CITIZEN CORPS
ORDINANCE TO IMPLEMENT REQUIREMENTS OF THE
EMERGENCY MANAGEMENT ACCREDITATION PROGRAM
Item #16E4
RECOGNIZE AND APPROPRIATE REVENUE TO THE
FACILITIES MANAGEMENT DIVISION COST CENTER IN THE
AMOUNT OF $126,442.90 FOR THE PERIOD OF APRIL
Page 218
June 28, 2016
THROUGH JUNE OF FISCAL YEAR 2015-2016 AND APPROVE
ALL NECESSARY BUDGET AMENDMENTS
Item #16E5
This item continued from the June 14, 2016 BCC Meeting.
AWARD REQUEST FOR PROPOSAL NO. 16-6618 ANNUAL
CONTRACT FOR GENERAL CONTRACTOR SERVICES TO
THE FOLLOWING SIX FIRMS: SURETY CONSTRUCTION
COMPANY, BRADANNA, INC., COMPASS CONSTRUCTION,
INC., WILLIAM J. VARIAN CONSTRUCTION COMPANY, INC.,
VARIAN, CHRIS TEL, AND EBL CONSTRUCTION
Item #16F1
RESOLUTION 2016-142: THE SEVENTH ANNUAL REPORT ON
THE "IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL
REDEVELOPMENT"; TO DIRECT THE COUNTY ATTORNEY
TO ADVERTISE AND BRING BACK TO THE BOARD AN
ORDINANCE AMENDMENT MAKING THE PROGRAM
PERMANENT BY REMOVING THE PROGRAM'S SUNSET
LANGUAGE; AND TO APPROVE A RESOLUTION
EXTENDING THE PROGRAM UNTIL SUCH TIME THAT THE
ORDINANCE AMENDMENT IS APPROVED BY THE BOARD
Item #16F2
THE RANKED LIST OF CONSULTANTS PURSUANT TO RFP
NO. 16-6571, "IMPACT FEE STUDY," AND AUTHORIZE STAFF
TO NEGOTIATE A CONTRACT WITH THE TOP RANKED
FIRM TINDALE-OLIVER & ASSOCIATES, INC. FOR
Page 219
June 28, 2016
SUBSEQUENT BOARD APPROVAL — PROVIDING IMPACT
FEE CONSULTING SERVICES FOR THE NEXT FOUR YEARS
Item #16F3 — Continued to the July 12, 2016 BCC Meeting
(During Agenda Changes)
RECOMMENDATION TO ADOPT A RESOLUTION FIXING
THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING
FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD
VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE
OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION
OF RECREATIONAL FACILITIES AND MEDIAN AREAS AND
MAINTENANCE OF CONSERVATION OR PRESERVE AREAS,
AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR
AMBIENT NOISE MANAGEMENT, MAINTENANCE OF
CONSERVATION OR PRESERVE AREAS, INCLUDING THE
RESTORATION OF THE MANGROVE FOREST, U.S. 41 BERM,
STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN
AREAS, LANDSCAPING IMPROVEMENTS TO U.S. 41
ENTRANCES AND BEACH RENOURISHMENT, ALL WITHIN
THE PELICAN BAY MUNICIPAL SERVICE TAXING AND
BENEFIT UNIT
Item #16F4
RESOLUTION 2016-143: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2015-16 ADOPTED BUDGET
Page 220
June 28, 2016
Item #16F5
RESOLUTION 2016-144: A RESOLUTION APPROVING THE
PROPOSED PROJECT ICE AS A QUALIFIED APPLICANT TO
FLORIDA'S QUALIFIED TARGET INDUSTRY (QTI) TAX
REFUND PROGRAM, PROVIDING UP TO $79,800 OF LOCAL
FINANCIAL SUPPORT FOR A CORPORATE HEADQUARTERS
PROJECT WHICH WILL CREATE 57 NEW QUALITY JOBS IN
COLLIER COUNTY, FLORIDA
Item #16G1
A SITE LICENSE AGREEMENT WITH ROUSH INDUSTRIES,
INC. TO CONDUCT DEFENSIVE DRIVER TRAINING
COURSES AT THE IMMOKALEE REGIONAL AIRPORT —
EFFECTIVE UNTIL DECEMBER 31, 2020
Item #16G2
A FIRST AMENDMENT TO A COLLIER COUNTY AIRPORT
AUTHORITY STANDARD FORM LEASE WITH TELLUS
FLORIDA, LLC, AT THE IMMOKALEE REGIONAL AIRPORT —
ALLOWING THE PLACEMENT OF TRAILER TO BE USED AS
OFFICE SPACE AND CONTAINERS FOR STORAGE
Item #16G3
DIRECT STAFF TO PURSUE A FOCUSED ENVIRONMENTAL
ASSESSMENT AND POTENTIAL GRANT FUNDING FOR THE
ESTABLISHMENT OF A SEAPLANE BASE AT THE
Page 221
June 28, 2016
EVERGLADES AIRPARK (FISCAL IMPACT $30,000.) — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16G4
AWARD BID NO. 16-6557R AUTOMATED WEATHER
OBSERVING STATION (AWOS) FOR THE IMMOKALEE
REGIONAL AIRPORT IN THE AMOUNT OF $132,557 TO
WOLEN, LLC — A 20% LOCAL MATCH FUND IN THE
AMOUNT OF $25,511.40 ARE BUDGETED FOR THIS PROJECT
Item #16G5
THE RANKINGS OF FIRMS FOR REQUEST FOR PROPOSAL
(RFP) #16-6561 FOR "DESIGN SERVICES FOR MARCO
EXECUTIVE AIRPORT TERMINAL" AND TO DIRECT STAFF
TO NEGOTIATE A CONTRACT WITH THE TOP RANKED
FIRM, ATKINS NORTH AMERICA
Item #16G6
STAFF'S RANKING FOR ADVERTISEMENT #16-6605 TO
LEASE VACANT PROPERTY AT THE MARCO ISLAND
EXECUTIVE AIRPORT FOR THE CONSTRUCTION OF A BULK
AIRCRAFT HANGAR AND DIRECT STAFF TO PURSUE
LEASE NEGOTIATIONS WITH IMAGE AIR CHARTER, LLC,
SEEK FDOT GRANT PARTICIPATION FOR NEEDED
INFRASTRUCTURE IMPROVEMENTS AND MAKE A FINDING
THAT THIS ITEM PROMOTES ECONOMIC DEVELOPMENT
WITHIN THE COUNTY AIRPORT SYSTEM - FOR THE
DEVELOPMENT AND CONSTRUCTION OF A COPRPRATE
Page 222
June 28, 2016
AIRCRAFT HANGAR
Item #16I
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
Page 223
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
June 14, 2016
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. CLERK OF COURTS:
1) Items to be Authorized by BCC for Payment:
B. DISTRICTS:
1) Ave Maria Stewardship Community District:
FY16/17 Proposed Budget(October 1, 2016—September 30, 2017)
2) Heritage Bay Community Development District:
Meeting Agenda 03/03/2016
Meeting Minutes 03/03/2016
3) Naples Heritage Community Development District:
Meeting Agenda 04/05/2016
Meeting Minutes 04/05/2016
C. OTHER:
June 28, 2016
Item #16J1
DESIGNATING THE SHERIFF AS THE OFFICIAL APPLICANT
AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF
JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) FY ' 16 LOCAL
STANDARD GRANT, AUTHORIZE THE ELECTRONIC
SUBMISSION OF THE APPLICATION, ACCEPT THE GRANT
WHEN AWARDED, APPROVE ASSOCIATED BUDGET
AMENDMENTS AND APPROVE THE COLLIER COUNTY
SHERIFF'S OFFICE TO RECEIVE AND EXPEND 2016 JAG
STANDARD GRANT FUNDS
Item #16J2 — Motion to Deny (Per Agenda Change Sheet)
TO PROVIDE THE BOARD A "PAYABLES REPORT" FOR THE
PERIOD ENDING JUNE 22, 2016 PURSUANT TO THE BOARD'S
REQUEST
Item #16J3
TO PROVIDE THE SPECIAL INTERIM REPORTS FOR
APPROVAL AS DETAILED IN SECTION 2C OF THE AGREED-
UPON ORDER DATED JULY 16, 2015, BY JUDGE JAMES R.
SHENKO IN THE MANNER REQUESTED BY THE BOARD OF
COUNTY COMMISSIONERS (PREVIOUSLY INCLUDED IN
ITEM 16.I.) AND THAT PRIOR TO PAYMENT, THE BOARD
APPROVES THESE EXPENDITURES WITH A FINDING THAT
SAID EXPENDITURES SERVE A VALID PUBLIC PURPOSE
AND AUTHORIZES THE CLERK TO MAKE DISBURSEMENT
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June 28, 2016
Item #16J4
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN JUNE 2 TO JUNE 15, 2016
PURSUANT TO FLORIDA STATUE 136.06
Item 16K1
A JOINT MOTION AND PROPOSED STIPULATED FINAL
JUDGMENT IN THE AMOUNT OF $500 FOR PARCEL 168TCE
IN THE CASE STYLED COLLIER COUNTY V. ROBERT E.
WILLIAMS, TR., ET AL., CASE NO. 14-CA-816 REQUIRED FOR
THE EXPANSION OF COLLIER BLVD. FROM GREEN BLVD.
TO GOLDEN GATE BLVD. (PROJECT NO. 68056) (FISCAL
IMPACT: $215)
Item 17A
ORDINANCE 2016-20: AN ORDINANCE AMENDING
ORDINANCE 2009-29, AS AMENDED, THE PLANNING
COMMISSION ORDINANCE, SPECIFICALLY SECTION ONE
(1) "ESTABLISHMENT; POWERS AND DUTIES;" IN ORDER
TO DELETE AN OBSOLETE PROVISION REGARDING THE
REVIEW OF PRELIMINARY SUBDIVISION PLATS;
PROVIDING FOR CONFLICT AND SEVERABILITY,
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS
AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE
Page 225
June 28, 2016
DATE
Item #17B
RESOLUTION 2016-145: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2015-16 ADOPTED BUDGET
Item #17C
This item has been continued to the July 12, 2016 BCC Meeting.
RECOMMENDATION TO CONSIDER ADOPTION OF AN
ORDINANCE ESTABLISHING THE "LONGWATER"
COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT
TO SECTION 190.005(2), FLORIDA STATUTES
*****
Page 226
June 28, 2016
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4: 12 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECI DISTR TS UNDER ITS CONTROL
DONNA FIALA, CHAIRMAN
ATTEST
DWIGHT E..BROCK, CLERK
Attest as to Chairman's
signature only. u (
These minutes approved by the Board on ,,)t 1-31 2t
as presented ..-� or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 227