BCC Minutes 09/27/2016 R BCC
REGULAR
MEETING
MINUTES
September 27, 2016
September 27, 2016
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 27, 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
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, Director of Finance and Accounting
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
September 27, 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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September 27,2016
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. Invocation by Pastor Jim Thomas of East Naples United Methodist 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).
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September 27,2016
B. September 8, 2016 BCC/Budget Hearing Meeting Minutes
3. SERVICE AWARDS - EMPLOYEE
A. 20 YEAR ATTENDEES
1) Diana Compagnone, Building Review & Permitting
2) Carla Fogle, Utilities Finance
3) Mario Garcia, Wastewater
4) Keith Maycroft, Road Maintenance
5) Pedro Rodriguez, Road Maintenance
4. PROCLAMATIONS
5. PRESENTATIONS
A. Recommendation to recognize Tonia Spangler, Applications Analyst,
Growth Management Department as the August 2016 Employee of the
Month.
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
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
10. BOARD OF COUNTY COMMISSIONERS
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September 27,2016
A. Direct County Attorney to use any necessary legal recourse to enforce the
Board of County Commissioner's 2003 agreement with the South Florida
Water Management District mandating all roads in the Picayune Strand State
Forest are to remain open for free public access to the preserve and to
authorize the Board Chairman to submit a letter of explanation to the
Governor on SFWNID refusal to maintain the Picayune roadways.
11. COUNTY MANAGER'S REPORT
A. Recommendation to consider a request to release a parcel of land from the
GAC Future Land Sales List to allow the adjacent property owner to
purchase the parcel pursuant to the terms of the 1983 GAC Land Trust
Agreement. (Len Price, Administrative Services Department Head)
B. Recommendation to review the status of the 2016 Collier County Restore
Comprehensive Watershed Improvement Plan and to approve moving
forward with Restore funding applications and continue project execution.
(Gary McAlpin, Coastal Zone Management)
C. Recommendation to accept an update on work completed to date and to seek
Board approval to proceed with Phase II of the analysis of establishing a
Stormwater Utility - an alternative user fee based funding source for ongoing
and future Collier County Stormwater Management related initiatives and
operations. (David S. Wilkison, P.E., Growth Management Department
Head)
D. Recommendation to approve the updated landscaping Best Management
Practices for the Landscape Beautification Master Plan, the addition of
Radio Road East (Santa Barbara to Davis Blvd.) in fiscal year 2017, and
updated ranking of project installation. (David S. Wilkison, P.E., Growth
Management Department Head)
E. Recommendation to complete the Annual Performance Appraisal for the
County Manager. (Leo E. Ochs, Jr., County Manager)
F. Recommendation that the Board of County Commissioners extend the
County Manager Employment Agreement with Leo E. Ochs, Jr., fixing the
end date of the third extension term as September 30, 2019. (Leo E. Ochs,
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September 27,2016
Jr., County Manager)
12. COUNTY ATTORNEY'S REPORT
A. The Annual Performance Appraisal for the County Attorney
B. Recommendation that the Board of County Commissioners extends the
County Attorney Employment Agreement to September 30, 2019.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation to approve and authorize the Chairman to execute
Contract No. 16-6561 "Design Services for Marco Executive Airport
Terminal" in the not-to-exceed amount of$1,209,298 to Atkins North
America.
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
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 approve a Florida Department of Transportation
(FDOT) Funded Agreement (Financial Management No. 437103-1-
88-01), "Collier Traffic Management Center (TMC) Operations (OPS)
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September 27,2016
Fund County Wide", with the FDOT wherein FDOT will reimburse
Collier County on an annual basis for the cost of monitoring,
documenting and reporting signal timing changes along regionally
significant corridors as determined by the County and FDOT in State
Fiscal Years 2017 through 2021, in the total amount of$384,750.
2) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Fiddler's
Creek, Marsh Cove Phase 1, PL20140001994, and to authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the total amount of$4,000 to the Project Engineer or the
Developer's designated agent.
3) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Saturnia Falls —Phase
One, Application Number AR-6124 with the roadway and drainage
improvements being privately maintained, authorizing the release of
the maintenance security and accepting the plat dedications.
4) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$7,997, to Toll Brothers, Inc.,
which was posted as a guaranty for Site Development Plan (SDP)
Number AR-8928 for work associated with Firano at Naples
Clubhouse.
5) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Quarry Phase 6,
Application Number PL20140000127 with the roadway and drainage
improvements being privately maintained and authorizing the release
of the maintenance security.
6) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$50,460 to KE Talis Park Properties, LLC.,
Which Was Posted As a guaranty for Excavation Permit Number
60.089-4, PL20150000146, for work associated with Corsica at Talis
Park.
7) Recommendation that the Board approves and authorizes the
Chairman to sign a Collier County Landscape Maintenance
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September 27,2016
Agreement ("Agreement") between Collier County and the Raffia
Preserve Master Association, Inc. for landscape and irrigation
improvements within the Pristine Drive and Wolfe Road public
Rights-of-Way.
8) Recommendation that the Board of County Commissioners (Board)
approves and authorizes the Chairman to sign a Collier County
Landscape Maintenance Agreement ("Agreement") between Collier
County and the Avery Square Homeowners Association, Inc.,
("Association"), for landscape and irrigation improvements within the
Airport-Pulling Road public Right-of-Way.
9) Recommendation to approve an Interlocal Agreement with the City of
Naples for a joint stormwater and sanitary sewer project between
Goodlette-Frank Road and US-41 and direct the County Manager to
prepare and issue a Request for Proposals for the engineering design
and post design services for the joint project. (Project No. 60142)
10) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$30,561 to Bristol Pines, LLC, as successor to
Waterways Joint Venture IV which was posted as a guaranty for
Excavation Permit Number 59.920-1, PL20110002180 for work
associated with Bristol Pines Phase II.
11) Recommendation to approve the release of a code enforcement lien
with an accrued value of$554,500 for payment of$450 in the code
enforcement action entitled Board of County Commissioners v.
Guadalupe Peralez, Code Enforcement Board Case No.
CEPM20090008057 relating to property located at 5084 23rd Court
SW, Collier County, Florida.
12) Recommendation to approve the release of a code enforcement lien
with an accrued value of$12,450 for payment of$450 in the code
enforcement action entitled Board of County Commissioners v.
Pierino and Loreta Pensenti, Code Enforcement Board Case No.
CEROW20100017549 relating to property located at 4110 3rd
Avenue SW, Collier County, Florida.
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September 27,2016
13) Recommendation to approve the release of a code enforcement lien
with an accrued value of$150,769.83 for payment of$869.83 in the
code enforcement action entitled Board of County Commissioners v.
Debbi J. Maschino, Code Enforcement Board Case No. 2004061160
relating to property located at 265 Rose Boulevard, Collier County,
Florida.
14) Recommendation to approve the release of a code enforcement lien
with an accrued value of$17,330.86 for payment of$450 in the code
enforcement action entitled Board of County Commissioners v.
Martha Mendez-Cruz, Code Enforcement Board Case No.
CESD20110014160 relating to property located at 3525 47th Avenue
NE, Collier County, Florida.
15) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage, and utility easement (Parcel
365RDUE) and a temporary driveway restoration easement (Parcel
365TDRE) required for the expansion of Golden Gate Boulevard from
20th Street East to east of Everglades Boulevard (Project#60145).
Estimated Fiscal Impact: $13,308.
16) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Riverstone—Plat Five,
Application Number 20130000785 with the roadway and drainage
improvements being privately maintained; acceptance of the plat
dedications and authorizing the release of the maintenance security.
17) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Riverstone —Plat Six,
Application Number 20130002629, with the roadway and drainage
improvements being privately maintained; acceptance of the plat
dedications and authorizing the release of the maintenance security.
18) Recommendation to award Bid #16-6599 to Infinite Construction,
LLC for the "East Naples Sidewalk Improvements" project for
construction of sidewalk improvements on the west side of Lombardy
Lane from Thomasson Drive for approximately 700 feet north and the
east side of Orchard Lane from Thomasson Drive to Outer Drive in
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September 27,2016
the amount of$269,817.78, Project #33460.
19) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of Tract "R", Creekside Boulevard right-
of-way, being a part of Creekside Commerce Park West-Unit Two,
Plat Book 35, Page 43 of the Public Records of Collier County,
Florida, located in Section 27, Township 48 South, Range 25 East,
Collier County, Florida. (VAC-PL20160002294)
20) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating Tract RW4, an approximately 100-foot wide, 1,300-
foot long tract dedicated to the County for future right-of-way
according to Naples Heritage Golf and Country Club Phase One, Plat
Book 26, Page 73 of the Public Records of Collier County, Florida.
The subject property is located approximately 1/2 mile east of Santa
Barbara Blvd., and 1 mile south of Davis Blvd, in Section 9,
Township 50 South, Range 26 East, Collier County, Florida (VAC-
PL20160001403).
21) Recommendation to approve a Transportation Post Project
Maintenance Agreement with the Florida Department of
Transportation (FDOT), for the maintenance of sidewalk and traffic
improvements located between Trail Boulevard and the east side of
U.S. 41 from north of Pine Ridge Road to south of Pelican Bay
Boulevard N. upon completion of the FDOT improvements project,
Financial Project No. 435040-1-52-01, and a Resolution authorizing
the Chairman to sign the Agreement.
22) Recommendation to extend the temporary moratorium to April 11,
2017, on the acceptance, processing, and consideration of applications
for development orders involving the conversion of lands zoned for
golf course use and to accept white paper prepared by staff providing
recommendations for Land Development Code (LDC) Amendment
concepts.
23) This item has been continued to the October 25, 2016 BCC
Meeting. Recommendation to adopt a Resolution to hold a public
hearing to consider vacating a portion of the east end of Mainsail
Drive right-of-way, being a part of Marco Shores Unit One, Plat Book
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September 27,2016
14, page 33 of the Public Records of Collier County, Florida, located
in Section 26, Township 51 South, Range 26 East, Collier County,
Florida (VAC-PL20160000379).
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve an amendment to Resolution No. 2001-
98, reducing the size of the Advisory Committee; defining the
member affiliation requirements and updating applicable sections of
the Bylaws For the Immokalee Community Redevelopment Agency
(CRA) Local Advisory Board.
2) Recommendation that the Immokalee Community Redevelopment
Agency (CRA) approve the attendance of one Immokalee Advisory
Board member and the Immokalee CRA staff at the Florida
Redevelopment Association 2016 Annual Conference; authorize
payment of attendees' registration, lodging, travel and per diem from
the Immokalee CRA Trust Fund (Fund 186) travel budget; and declare
the training received as serving a valid public purpose.
3) Recommendation to direct the County Attorney to work with Staff to
advertise and bring back to the Board for a Public Hearing an
Ordinance to implement a temporary Moratorium to stay the receipt of
new applications for development orders for facilities with fuel
pumps, including gas stations, along the US 41, Airport Road and
Davis Boulevard corridors within the Bayshore/Gateway Community
Redevelopment Area (CRA), while CRA staff updates its
Redevelopment Plan and alternate land development regulations are
prepared and vetted.
4) Recommendation to accept the "Height Notice" as required in Section
7.c. and replace Exhibit E, amending the density and updating the site
plan, of the Real Estate Purchase Agreement dated May 9, 2016
between Real Estate Partners International, LLC (Purchaser) and the
Board of County Commissioners (Seller), acting as the authority for
Bayshore/Gateway Triangle Redevelopment Area.
C. PUBLIC UTILITIES DEPARTMENT
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September 27,2016
1) Recommendation to approve a $705,600 work order under Request
for Quotation #14-6213-73 to Mitchell & Stark Construction
Company, Inc., for the North County Regional Water Treatment Plant
Odor Control Blowdown Sulfuric Acid Bulk Tank and Lift Station
Project #70104.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve the purchase and installation of LED
sports lighting from Musco Lighting, Inc. at Golden Gate Community
Park in the total amount of$520,000, and; Waive competition for this
single source vendor, Project No. 80319.
2) Recommendation to accept the Conservation Collier 2015 Annual
Report and Provide the Board of County Commissioners and public
with an update on the Program's past activities.
3) Recommendation to approve a work order using Contract No. 13-
6164 to BSSW Architects, Inc. for design and permitting of the shade
structure over the championship courts at East Naples Community
Park for the 2017 US Open Pickleball Championship; authorization of
necessary budget amendment; and make a finding that this
expenditure promotes tourism.
4) Recommendation to approve and authorize the removal of
uncollectible receivables in the amount of$5,381.29 from the
financial records of the Parks and Recreation Division in accordance
with Resolution No. 2006-252 and authorize the Chair to execute
attached Resolution.
5) Recommendation to authorize the Golden Gate Beautification
Municipal Service Taxing Unit (MSTU) to accept a donation of Paver
Bricks and Installation for the base of a flag pole project being
coordinated with the Boy Scouts of America (BSA) as an Eagle Scout
merit badge achievement.
6) Recommendation to accept a Federal Transit Administration Section
5310 Grant award in the amount of$457,557, authorize the necessary
budget amendments, and approve the purchase of four paratransit
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September 27,2016
vehicles and radios using those funds.
7) Recommendation to reject the sole response received for Request for
Proposal No. 16-6632 East Naples Community Park Concession.
8) Recommendation to award a work order using the Annual Contract
for Professional Services for Engineers and Architects Contract#13-
6164 to AECOM Technical Services, Inc. for the Clam Pass Beach
Park Electrical Upgrade and make a finding that this expenditure
promotes tourism.
9) Recommendation to approve the FY2016-2017 State Aid to Libraries
Grant Agreement, Technology Plan, and Current Year Action Plan,
authorizing the Collier County Public Library to apply for State Aid to
Libraries in the estimated amount of$222,978.
10) Recommendation to award a work order using fixed term Contract
Number 13-6164 to Q Grady Minor & Associates, P.A., in the amount
of$27,055, for the Design and Permitting of the Barefoot Beach Toll
Booth replacement and make a finding that this expenditure promotes
tourism.
11) Recommendation to approve the expenditure of Category "A" Beach
Park Facility Tourist Tax Funds, award Invitation to Bid (ITB) #16-
6673R for South Marco Parking Lot and Beach Access improvements
in the total amount of$263,309.91, approve the necessary budget
amendment, and make a finding that these expenditures promote
tourism.
12) Recommendation to approve the expenditure of Category "A" Beach
Park Facility Tourist Tax funds for repair of the boardwalk at South
March Beach Access for $14,500, award request for quote (RFQ) to
DSI Marine Construction, and make a finding that this expenditure
promotes tourism.
13) Recommendation to approve "after-the-fact" Amendments and
Attestation Statements with Area Agency on Aging for Southwest
Florida, Inc. for the Community Care for the Elderly, Alzheimer's
Disease Initiative and Home Care for the Elderly programs and
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September 27,2016
authorize Budget Amendments to reflect the final FY 15/16 grant
funding amount (Net Fiscal Impact $8,984.01).
14) Recommendation to approve after-the-fact contracts, attestation
statements and budget to reflect actual award of the Community Care
for the Elderly, Alzheimer's Disease Initiative, and Home Care for the
Elderly grants from Area Agency on Aging for Southwest Florida,
Inc. (Net Fiscal impact $119,524.44).
15) Recommendation to approve "after-the-fact" Amendment and
Attestation Statements to the Community Care for the Elderly,
Alzheimer's Disease Initiative and the Home Care for the Elderly
programs with Area Agency on Aging for Southwest Florida, Inc. for
Services for Seniors programs (No Fiscal Impact).
16) Recommendation to approve Category B Tourist Development Tax
funding to the University of Florida Extension Service to conduct an
eco-tourism training assessment for Collier County Convention and
Visitors Bureau and make a finding that this expenditure promotes
tourism.
17) Recommendation to approve a Second Amendment to the Collier
County Senior Resource Center Ground Lease.
18) Recommendation to recognize FY 2016/2017 State Public Transit
Block Grant additional revenue up to $873,928, authorize the County
Manager or his designee, the Public Services Department Head, to
execute the notification of funding award and approved appropriate
budget amendment to prevent delay of the use of grant funds for the
Collier Area Transit system.
19) Recommendation to approve Change Order #1 in the amount of
$5,683 to Q Grady Minor & Associates, PA to obtain the required
permits for the City of Marco Island for the Tigertail Restroom
addition and make a finding that this expenditure promotes tourism.
E. ADMINISTRATIVE SERVICES DEPARTMENT
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September 27,2016
1) Recommendation to award Group Vision insurance to Vision Service
Plan (VSP) for a two year period effective January 1, 2017 in the
estimated annual amount of$57,857.76 .
2) Recommendation to approve the purchase of Flood Insurance for
Fiscal Year 2017 in the estimated amount of$381,307.
3) Recommendation to approve the purchase of Liability, Automobile,
Workers' Compensation, Aircraft, Airport and other insurance
coverage for FY 2017 in the estimated amount of$928,062.
4) Recommendation to approve and adopt a Resolution approving the
Pay and Classification Plans for the County Manager's Agency and
County Attorney's Office effective October 1, 2016; to provide for a
general wage adjustment of 3% effective on October 1, 2016; and to
approve the creation of new classifications, modification and/or
deletion of classifications and assignment of pay ranges from the
proposed Pay and Classification Plans, from July 1, 2016 forward,
using the existing "Archer" point-factor job evaluation system.
5) Recommendation to authorize the County Manager and staff, in
accordance with the County's Procurement Ordinance 2013-69 as
amended, to use the allowable Federal GSA schedules (ex: Schedule
70 and 1122 Program), the State of Florida Contracts, Agreements and
Price Lists, competitively solicited contracts by US Communities,
Western States Contracting Alliance, National Intergovernmental
Purchasing Alliance (NIPA), National Joint Powers Alliance (NJPA)
public purchasing consortiums, competitive solicitations from State of
Florida cities, counties, school districts and other public municipalities
(i.e., Sheriff's Association; Transit Consortium Bus Procurement
Contract; Library Purchasing Cooperative Consortium) for the
efficient purchase of goods and services for the delivery of public
services and for which funds were approved in operating budgets; and
authorize the County Manager or their designee to sign user
agreements or contracts associated with these purchases.
6) Recommendation to approve and authorize the Chairman to execute
the Fifth Amendment to the Agreement for Medical Examiner
Services (Contract No. 11-5776 Medical Examiner) which will extend
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September 27,2016
the term of the Agreement to September 30, 2017.
7) Recommendation to approve Change Order #001 for Life Safety
Upgrades in the amount of$197,476.06 to DEC Contracting Group,
Inc. for Contract #15-6488, Courthouse 1st Floor Renovations, an
element of Courthouse Renovations Project #50116.
8) Recommendation to accept ongoing donations of both flags ($50) and
flag poles ($1,600)to be installed at selected Collier County
Government locations, as determined by the County Manager, subject
to budgetary limits or conflicts at the time of donation, from
Woodmen of the World Omaha Woodmen Life Insurance Society
A.K.A Woodmen Life.
9) Recommendation to approve the procurement of educational training
programs for staff; authorize the Chairman to execute an agreement
with the Florida Gulf Coast University (as provided through its
affiliate, the Florida Institute of Government); and waive competition
in the best interest of the County as authorized in Ordinance No. 13-
69, as amended.
10) Recommendation to award RFP #16-6649 to Gaumard Scientific for
the purchase of a Human Patient Simulator and related products in the
amount of$79,321.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a Release of Lien for Lucy Zuniga/Lucy
Salon, Inc. due to the impact fees being paid in full in accordance with
the Agreement for Fee Payment Assistance Program and the
Amendment to Agreement for Fee Payment Assistance Program.
2) Recommendation to approve a transfer of transportation impact fee
credits in the amount of$116,044.30, held by Berkshire Equity, LLC,
for the Berkshire Common Parcels 3A and 3B development to the
Thomasson Place development.
3) Recommendation to approve an Interlocal Agreement with the North
Collier Fire Control and Rescue District to assist and cooperate with
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September 27,2016
the District in collecting the District's impact fees.
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 approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
6) Recommendation to approve an Agreement between the Board of
County Commissioners and Project Ice for the Advanced Long-term
Productivity Program ("ALPS") Economic Incentive Award,
consistent with the Board's prior approval of Project Ice as a qualified
applicant for this award.
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Joint Participation
Agreement Contract No. GOE50 with the Florida Department of
Transportation to fund the design, permitting and bidding of a new
terminal facility with associated entrance, parking, and related safety
improvements at the Marco Island Executive Airport (Fiscal Impact
$783,900 FDOT and $217,628 County)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Tax Collector request for advance commissions in accordance with
Florida Statute 192.102(1) for FY 2017.
2) 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) FY16 Local
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September 27,2016
Standard grant, authorize after the fact, the submission of the
application (submitted on August 22, 2016), accept the grant when
awarded, approve associated budget amendments and approve the
Collier County Sheriffs Office to receive and expend 2016 JAG
Standard grant funds.
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
periods between September 1 to September 14, 2016 pursuant to
Florida Statute 136.06.
5) To provide to the Board a "Payables Report" for the period ending
September 14, 2016 pursuant to the Board's request.
K. COUNTY ATTORNEY
1) Recommendation to appoint a member to the Growth Management
Oversight Committee.
2) Recommendation to approve a proposed Joint Motion for Stipulated
Final Judgment in the amount of$19,800 in total compensation for the
taking of Parcel 242RDUE in the pending Eminent Domain case
styled Collier County v. Octavio M. Alfonso, et al., Case No. 15-CA-
230, required for the widening of Golden Gate Boulevard from
Wilson Boulevard to 20th Street E., Project No. 60040. (Fiscal
Impact: $11,140)
3) Recommendation to approve a proposed Joint Motion for Stipulated
Final Judgment in the amount of$22,900 in total compensation for the
taking of Parcel 251RDUE in the pending Eminent Domain case
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September 27,2016
styled Collier County v. Pedro E. Pena, et al., Case No. 15-CA-350,
required for the expansion of Golden Gate Boulevard from west of
16th Street East to 18th Street East, Project No. 60040. (Fiscal Impact:
$15,570)
4) Recommendation that the Board of County Commissioners reviews
and approves the proposed FY 2016 - 2017 Action Plan for Jeffrey A.
Klatzkow, County Attorney.
5) Recommendation to reject Second Offer of Judgment in the amount of
$63,635 including all attorney's fees, expert witness fees and costs as
full compensation for the taking of Parcel 196RDUE needed for the
widening of Golden Gate Boulevard from 8th Street East to 12th
Street East, Project No. 60040. (Fiscal Impact: $0)
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 establishing the Fronterra
Community Development District (CDD) pursuant to Section 190.005,
Florida Statutes.
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Vincent Acres
RPUD, PUDZ-PL20150001945-An Ordinance amending Ordinance
Number 2004-41, as amended, the Collier County Land Development Code,
which established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida, by amending the appropriate
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September 27, 2016
zoning atlas map or maps by changing the zoning classification of the herein
described real property from a residential multi-family-12 district (RMF-12
(10)) zoning district to a Residential Planned Unit Development (RPUD)
zoning district for the project to be known as the Vincent Acres RPUD, to
allow construction of a maximum of 85 single-family residential dwelling
units or 118 townhouse residential dwelling units on property located west
of Collier Boulevard at the southwest corner of Davis Boulevard and Market
Street in Section 3, Township 50 South, Range 26 East, Collier County,
Florida, consisting of 16.8 +/- acres; providing for partial repeal of
Ordinance No. 93-73; and by providing an effective date [PUDZ-
PL20150001945].
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2015-16 Adopted Budget.
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2016-17 Adopted Budget.
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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September 27,2016
September 27, 2016
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you very much. I would tell
everybody to take their seats, but they already did.
So with that, now that you're seated, would you stand with me,
please. We're going to hear the prayer and then the Pledge of
Allegiance.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
MR. OCHS: Our invocation this morning will be given by Pastor
Jim Thomas of the East Naples United Methodist Church.
PASTOR THOMAS: May we pray.
Lord, we come before you humbly this morning offering our
prayer with the help of your spirit. Father, we come here in this year
where choices and decisions must be made giving thanks to you for the
ability to make choices and decisions; that you love us enough, Dear
Lord, to give us the opportunities to decide for ourselves to follow a
path that we hope is led by you.
Lord, as we come today, we pray that the choices, the decisions
that are made are within your will. We thank you, Dear Lord, and pray
that what is done is done to reflect love for you and love for others.
And, Father, we pray this humbly in your name. Amen.
CHAIRMAN FIALA: And with that, would you put your hands
over your hearts, please, and say with me...
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you. Welcome, everyone. We are
sure happy to see you here today. We hope you stay with us for the
whole meeting. That would be wonderful. Somehow I have a funny
feeling you won't.
Page 2
September 27, 2016
With that, Leo, would you like to take over from here?
Item #2A
TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY
COMMISSION MEMBERS FOR CONSENT AGENDA) -
APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Yes, ma'am. Good morning, Madam Chair and
Commissioners. These are the proposed agenda changes for the Board
of County Commissioners meeting of September 27, 2016.
The first proposed change is to move Item 16D1 from your
consent agenda to become Item 11G under the County Manager's
report. This is a recommendation to approve the purchase and
installation of sports lighting at the Golden Gate Community Park.
This is moved at Commissioner Taylor's request.
And the next proposed change is to deny Item 16J5 until such
time as the Clerk certifies that the payables in this report have been
pre-audited as previously specified by the Board. That is a staff
request.
We have one time-certain, Commissioners. That is Item 11D
regarding the landscape beautification master plan best management
practices item to be heard at 11 a.m., and that is at Commissioner
Fiala's request.
Commissioners, I will remind the public that Item 7, public
comment on general topics not on the current or future agenda, is to be
heard no sooner than 1 p.m. or at the conclusion of the agenda,
whichever occurs first.
CHAIRMAN FIALA: Leo, excuse me for interrupting you. I
thought that was going to be 10 a.m.
Page 3
September 27, 2016
MR. OCHS: I'm -- yes, it is 10 a.m. My mistake, ma'am.
CHAIRMAN FIALA: Okay.
MR. OCHS: Thank you.
And advertised public hearings, Item 9 on the agenda, also 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 I have this
morning, Madam Chair.
CHAIRMAN FIALA: Thank you very much.
County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN FIALA: Okay. Very good.
Let me start with Commissioner Taylor. Do you have any
corrections, additions, changes, or anything on this agenda?
COMMISSIONER TAYLOR: Not at all.
CHAIRMAN FIALA: Any ex parte?
COMMISSIONER TAYLOR: Yeah. Ex parte would be, I
believe, on the summary agenda, and it's regarding Vincent Acres. I
had a telephone call regarding this with Habitat for Humanity. I also
have received -- more than one, but specifically about this from the
same person, I think Lenore Meurer, I received an email from her, and
that's all I have.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: No further changes, Madam Chair.
I have no ex parte on today's agenda other than the summary agenda,
Item 17B, like Commissioner Taylor, on Vincent Acres where I've
read the staff report. I've had meetings with staff and discussions with
members from Habitat and a few emails from the public. Other than
that, nothing else.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Good morning. No changes to
today's agenda. 17B, I received phone calls, and that's it.
Page 4
September 27, 2016
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: No changes. No disclosures.
CHAIRMAN FIALA: Very good. And for myself, I wanted to
pull 17B. I met also with the people from Vincent Acres, except that
at the time I hadn't seen their backup material. I was still reading at
11 :30 last night, and there were a few questions I had to ask, so I
would like to pull that off and be able to ask them those questions
today. I had nobody to reach at 11:30 last night, although, probably if
I would have called you, Leo, I would have been able to get you.
MR. OCHS: Yes, I think you would have, ma'am. Thank you.
CHAIRMAN FIALA: And I have -- so then under disclosures, I
will say them when 17B comes in front of us.
MR. OCHS: Commissioners, that item, then, would become Item
9A on your agenda this morning.
CHAIRMAN FIALA: Okay, very good.
Other than that, I have no other disclosures, corrections, or
additions.
May I have a motion to approve the agenda?
MR. MILLER: Madam Chair, I do have a registered speaker for
a consent-agenda item that just came in. 16A22, Diane Hartnett.
If you'd come to the podium and speak, ma'am. Please, state your
name for the record.
MS. HARTNETT: My name is Diane Hartnett. I am President of
Lakewood Country Club, and I've come to speak on your 16A22, the
extended moratorium.
Hello, Donna.
CHAIRMAN FIALA: Hi.
MS. HARTNETT: First of all, allow me to say that when one of
our members, or our board members, talked to Donna, we were told
that the moratorium would end and that there would be no extension to
address the problem. There is, from what I understand, a shortage of
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September 27, 2016
single-family dwellings in Naples. You have allowed high-rise
condominiums, but no single-family dwellings.
Lakewood community, we presented an option to them -- in order
to preserve our country club, we presented an offer to them for $8.77 a
month. It would ensure that we became like a bundled community,
and there would be no further sale of Lakewood Country Club. They
rejected it --
CHAIRMAN FIALA: Who is "they"?
MS. HARTNETT: -- for $8.77 a month. They decided that they
didn't care whether or not their property values were -- stayed the same
or even rose.
The area around Lakewood Country Club is already zoned for
single-family dwelling. We had a buyer who was interested in keeping
our 18-hole golf course is -- all he wanted to do was to build a few
single-family dwellings along the outlining area of the golf course.
Your moratorium prevented that.
If we continue as we're going now and there is no opportunity for
us to sell our property, the country club cannot continue to sustain
itself; therefore, it will end up going into bankruptcy. You will have
another situation like you had at Ironwood, or now known as
Evergreen, only in a wider scale.
Since the community didn't seem to care, I don't know why that
the commissioners would care, especially since all it would do was add
more income property for the county, more in taxes, more people.
We also would like to say that we feel that by imposing this
moratorium, once again, that you are infringing on our right to sell
property. Our members have already agreed. Thank you.
CHAIRMAN FIALA: Leo, I'm not -- I'm not real well versed on
this, even though I live there, but I'd never received anything for $8.99
a month --
MS. HARTNETT: Seventy-seven.
Page 6
September 27, 2016
CHAIRMAN FIALA: -- or even $10 or $100. You know, I think
we should all chip in. But I know -- I don't -- I think they're just
meaning to convert it to homes, but maybe there are other people
wanting to buy it as a golf course and have it remain there. Actually,
I've actually heard of a couple people, truly.
And, also, I've just gotten message from Riviera Golf Estates,
Riviera County -- well, Riviera. There's somebody swirling around
wanting also to convert that also to homes. Then, of course, we have
the Golden Gate place wanting to convert it to homes. There are a lot
of areas that want to -- you know, there's a lot more money in, you
know, piling up a bunch of homes, especially if you have two and three
stories. There's a lot of money to be made; whereas, there's not a lot of
money to be made on a golf course and yet, in my opinion only, I think
it's an essential part of our community to have golf courses, not only
for the public to access at any time, and good golfers but also maybe
seniors who want to have a smaller golf course just like the Lakewood
one. That course is in beautiful shape, and it runs well.
And I do know -- and you've probably heard that there's a group
out there working at trying to buy it right now and -- but keeping it as a
golf course.
MS. HARTNETT: I -- may I speak?
CHAIRMAN FIALA: Sure.
MS. HARTNETT: Oh, I understand. We've been contacted by
the Naples -- no, community -- some group that they want to have the
county buy the golf course, which we would think would be
wonderful. I mean, if the county wants to buy it, great, we're willing to
sell it to them; however, as an individual buyer, as I said, we've had a
number of individual buyers looking at the property, but when the
moratorium went in, that was the end of it. And the only one that
wanted to keep it as a golf course was the one that we had been dealing
with extensively, and I believe that they put a proposal in front of
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September 27, 2016
Planning Commission. It was for single families, not double, two
stories, but single families that would keep in the same type of homes
that are already there. I mean, this moratorium -- could you think of
amending that moratorium?
CHAIRMAN FIALA: Right now it's extended to April; April
11th, I believe it is, right?
MR. OCHS: That's correct.
MS. HARTNETT: So it was already decided before I came here?
COMMISSIONER TAYLOR: No, ma'am. We haven't voted on
it yet.
CHAIRMAN FIALA: That's what it's been set all along.
MS. HARTNETT: I believe it was -- wasn't it November?
CHAIRMAN FIALA: I don't know the --
MR. OCHS: Yes, yes. We had a six-month moratorium set to
expire, and this item on the agenda is to extend that moratorium --
CHAIRMAN FIALA: To the April 11th?
MR. OCHS: -- to April to allow staff to vet potential Land
Development Code amendments regarding this subject that the Board
directed us to do in July of this year.
CHAIRMAN FIALA: Okay. Thank you.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: So right now this is on the agenda, and --
well, let me hear from anybody else. I think that -- I think that this is
too hot a subject and it touches too many people's properties for us --
MS. HARTNETT: Is it possible for you to put in a moratorium
on no building higher than one story, single-family homes only; you
can't do that? You have to say that it's got to be all or nothing, that you
-- if somebody wants to build 10 stories high -- I believe that there was
one that was going to go up 200 feet or something -- that you can't
restrict building to just single-family homes, but you can restrict
building, period?
Page 8
September 27, 2016
CHAIRMAN FIALA: Well, I don't think this is a time for us to
discuss this right now. Do we want to bring something like this back
to discuss what can be built or -- but let me hear from the other
Commissioners. I shouldn't be the only one talking.
Commissioner Henning has a golf course in his community that
he would want to be considering. Oh, and Commissioner Nance.
COMMISSIONER NANCE: Ma'am, I think we've talked about
this superficially a number of times, and I think it's been everybody's
considered opinion that it's a very complicated issue. There's a lot of
issues at hand. There's a lot of stakeholders. There's a lot of people
that have very strong opinions one way or another.
And the Board has asked the staff to work up the item, come back
with a body of information for consideration, and I think all this item
does is allow staff to do that so they can bring back to the Board a
packet of information that's comprehensive and addresses the issue and
allows a good decision to be made with all the facts.
So I'm going to continue to support it and allow staff to do what
we've asked them to do. We have to give them sufficient time. And
it's not a simplistic issue.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Are we sure that these
moratoriums or moratoria, or however you want to call them, are
constitutional? Are they legal?
MR. KLATZKOW: Ma'am, they are legal, they are
constitutional, and they are specifically contemplated by the Bert
Harris Act.
CHAIRMAN FIALA: Oh.
COMMISSIONER HILLER: And how is that so?
MR. KLATZKOW: Because the Bert Harris Act allows you to
do a moratorium up to one year.
COMMISSIONER HILLER: For what reason?
Page 9
September 27, 2016
MR. KLATZKOW: For reasons such as this: You're trying to
figure out future land use in a changing times.
COMMISSIONER HILLER: Okay. I just want to make sure
that's on the record.
MS. HARTNETT: Pardon me. What constitution is that?
MR. KLATZKOW: That would be the U.S. Constitution, ma'am.
MS. HARTNETT: The U.S. Constitution?
CHAIRMAN FIALA: Thank you very much, ma'am. I
appreciate you coming forward and presenting your feelings on this.
MS. HARTNETT: Thank you, Commissioners.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Just before -- I'm thinking that we
need more time, obviously, or we would not -- we would be here
hearing this issue, because it is very, very complicated. I know from
your point of view there's a solution that you want, and I can respect
that.
But given Naples the way it is and given the need for housing, I
doubt that serious folks would go away with a sunset for a moratorium.
That being said, I'm sure staff will work as quickly as they can to bring
back -- to research it so the answers are going to stick, because the
worst thing we can do is rush through this and then suddenly
something comes from left field and it's unintended consequences.
So I appreciate your concern. I share your -- I'm empathetic with
your agony over this. But please know that we are working on it. It's
not sitting on a shelf somewhere. And the date is what, April?
CHAIRMAN FIALA: April 11th.
COMMISSIONER TAYLOR: If not before, and then we'll have
-- it will be fully aired in a hearing. And you -- in fact, your
neighborhood will have lots of time to develop and to understand
what's going on, because we could keep you posted, I'm sure.
CHAIRMAN FIALA: You can always sell the golf course to
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September 27, 2016
somebody who wants to keep it a golf course. The moratorium doesn't
affect that.
COMMISSIONER TAYLOR: That's right.
CHAIRMAN FIALA: It can stay as a golf course. It just can't be
converted into homes, because we have to figure out -- you know, they
can tell you it's just single-story, and then lo and behold they make a --
you know, a request to make it triple story or whatever and so forth.
You never can tell what it's actually going to turn out to be. You have
no idea what goes on.
COMMISSIONER TAYLOR: We don't know that we can even
prohibit the size of the -- we don't know these things.
CHAIRMAN FIALA: Right. So you know what, we really,
really need to move on.
COMMISSIONER HENNING: Move to approve the agenda as
amended.
COMMISSIONER NANCE: Second.
MR. MILLER: Madam Chair, I've been handed one more slip for
one additional consent-agenda item. I'm sorry. It just came in. 16A19.
James Fox.
CHAIRMAN FIALA: Okay.
MR. FOX: Good morning, Commissioners. I am here
representing the Collier's Reserve Association, the Bay Colony Club,
the Estates at Bay Colony, and Pelican Marsh. They are the neighbors
of Creekside vacation.
Now, we understand that what's happening here today is just a
consent agenda to have a hearing on a road, but these neighbors are
very concerned about the Fort Lauderdization, if that's a word, of their
neighborhood and the erection of a giant tower in that -- in what was
sort of a light commercial area only serving people who were residents
and were turning it -- it appears that this is just a piece of that. It
appears that there is a plan to erect this 200-foot tower there over
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September 27, 2016
everything else and turn this into something other than the really light
commercial.
This kind of came on everybody a little surprisingly. The
neighborhoods were not associated. These are all the major
neighborhoods in the area. I know we're not here to talk about it today,
but we wanted to be up front and let you know that they are
unalterably -- unalterably opposed to this. It's something -- maybe
what needs to happen, and we think what needs to happen is, if there's
going to be an area of Collier County that's going to be like Fort
Lauderdale with towers and these -- this kind of intense use, maybe we
should determine where that's going to be. Maybe it should be here.
Maybe it should be someplace in East Naples. But the one place it
shouldn't be is where all of these neighbors are.
This is just the beginning. We wanted to make sure that we let
you-all know, because we're representing all of these neighbors, where
they stood before this thing gets, what it appears to be, fast tracked.
And we are going to ask that this thing slow down a great deal so that
everybody has an understanding of what's about to happen and why it's
happening.
We're just kind of finding out about this at the last minute. But
now that the neighbors know about it, we're going to be at every
Planning Commission meeting, we're going to be at every County
Commission meeting. They are not going to stop until that tower does
not get approved.
Thank you very much.
CHAIRMAN FIALA: Thank you. Commissioner Henning?
COMMISSIONER HENNING: No, I'm -- no need to comment.
Good to see you, Mr. Fox.
MR. FOX: Thank you.
COMMISSIONER HENNING: I think everybody has concerns
about vacation, but everything's going to be done in several public
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September 27, 2016
meetings. The upcoming board, new board, will be talking about this,
so that's all.
CHAIRMAN FIALA: So you had a motion on the floor?
COMMISSIONER NANCE: Second.
COMMISSIONER HENNING: I did.
CHAIRMAN FIALA: And a second?
COMMISSIONER NANCE: I'll second.
CHAIRMAN FIALA: Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
Page 13
Proposed Agenda Changes
Board of County Commissioners Meeting
September 27, 2016
Move Item 16D1 to Item 11G: Recommendation to approve the purchase and installation of
LED sports lighting from Musco Lighting, Inc at Golden Gate Community Park in the total
amount of$520,000, and;Waive competition for this single source vendor, Project No. 80319.
(Commissioner Taylor's request)
Deny Item 16J5 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 to the Board a
"Payables Report" for the period ending September 14, 2016 pursuant to the Board's request.
(Staffs request)
Time Certain Items:
Item 11D to be heard at 10:00 a.m.
9/27/2016 8:36 AM
September 27, 2016
Item #2B
SEPTEMBER 8, 2016 BCC/BUDGET HEARING MEETING
MINUTES - APPROVED AS PRESENTED
CHAIRMAN FIALA: September 8th. Do you want to make a
motion on the --
COMMISSIONER NANCE: Yes. I'd like to approve -- make a
motion to approve Item 2B, September 8th BCC budget hearing
meeting minutes.
CHAIRMAN FIALA: And the second is?
COMMISSIONER TAYLOR: I'll second.
CHAIRMAN FIALA: Very good.
COMMISSIONER TAYLOR: I don't know.
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay.
Item #3A
SERVICE AWARDS — EMPLOYEE (20 YEAR)
MR. OCHS: Madam Chair, that takes us to service awards. If
the Board would please join us in front of the dais for the award
ceremony.
This morning we're recognizing five staff members who are
celebrating 20 years of service in county government. The first
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September 27, 2016
awardee from Building Review and Permitting is Diana Compagnone.
Diana?
(Applause.)
MR. OCHS: Celebrating 20 years of service with Utilities
Finance, Carla Fogle. Carla?
(Applause.)
CHAIRMAN FIALA: Thank you so much for all your service.
(Applause.)
MR. OCHS: Celebrating 20 years of service with our
Wastewater Division, Mario Garcia.
(Applause.)
MR. OCHS: Celebrating 20 years of service with our Road
Maintenance Division, Keith Maycroft. Keith?
(Applause.)
MR. OCHS: Our final 20-year recipient this morning, also from
our Road Maintenance Division, 20 years of service for Pedro
Rodriguez. Pedro?
(Applause.)
MR. OCHS: Commissioners, that concludes our service awards
this morning. Thank you.
Item #5A
RECOGNIZING TONIA SPANGLER, APPLICATIONS
ANALYST, GROWTH MANAGEMENT DEPARTMENT AS THE
AUGUST 2016 EMPLOYEE OF THE MONTH — PRESENTED
MR. OCHS: Madam Chair, that takes us to Item 5 on this
morning's agenda, presentations. This is a recommendation to
recognize Tonya Spangler, Applications Analyst with our Growth
Management Department, as the Employee of the Month for August
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September 27, 2016
2016. Tonya, if you'd please step forward and receive your award.
(Applause.)
CHAIRMAN FIALA: Congratulations, but you earned it. Here's
a little something from us, and also we have a nice little check that
helps always. And if you want the cover you can have that.
MS. SPANGLER: Thank you.
MR. OCHS: Tonya, before you leave, I need to get your photo
taken. Move over right in there, in the middle there, and I'll tell the
audience and the Board a little bit more about you.
Commissioners, Tonya's been with the county since 1999,
working currently with our Operations and Regulatory Management
Department. She's been a team leader of the CityView Electronic Plan
Review Project. She worked closely with the vendor and staff,
spending many hours and weekends preparing workflows,
spreadsheets, test documents, all while coordinating her team in order
to be prepared for the deployment of the year-long project to ensure
that it would be flawless for the public use as well as the GMD
employees.
The cost savings to the county will be substantial and with
paperless applications and paperless reviews. This is something that
the Board has been very interested in as an effort to improve our
business climate in our community, and we're proud of the work that
Tonya's done.
Her intelligence, determination, and endless ability to find new
ways to better our productivity and bring our organization into the
world of electronic technology proves that she is, indeed, very
deserving of this award.
And, Commissioners, it's my honor to present Tonya Spangler as
your Employee of the Month for August 2016.
Congratulations, Tonya.
(Applause.)
Page 16
September 27, 2016
Item #10A
DIRECTING THE COUNTY ATTORNEY TO USE ANY
NECESSARY LEGAL RECOURSE TO ENFORCE THE BOARD
OF COUNTY COMMISSIONER'S 2003 AGREEMENT WITH
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
MANDATING ALL ROADS IN THE PICAYUNE STRAND
STATE FOREST ARE TO REMAIN OPEN FOR FREE PUBLIC
ACCESS TO THE PRESERVE AND TO AUTHORIZE THE
BOARD CHAIRMAN TO SUBMIT A LETTER OF
EXPLANATION TO THE GOVERNOR ON SFWMD REFUSAL
TO MAINTAIN THE PICAYUNE ROADWAYS — APPROVED
MR. OCHS: Commissioners, that moves us to Item 10 on your
agenda this morning, Board of County Commissioners.
Item 10A is an item placed on the agenda by Commissioner
Henning. It's a recommendation to direct the County Attorney to use
any necessary legal recourse to enforce the Board of County
Commissioners 2003 agreement with the South Florida Water
Management District. Commissioner Henning?
COMMISSIONER HENNING: Thank you. In addition to the
backup material on the agenda, my aide, Camden, sent to the
Commissioners the minutes of the meeting when the agreement was
approved. There is a lot of backup material that I could have put on
there.
It was widely contested, supported by the environmental
community, but the general public, the longtime users, the historical
users who have lived in this area for generations, was not in favor of it;
however, I supported the agreement because I saw the bigger picture of
it of changing the way the water enters The 10,000 Islands and the
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September 27, 2016
Everglades, reluctantly supported it.
What sold me on it was finding another location for the ATV
riders. It's supposed to be a section of land. Well, that never
happened. Instead we got paid some monies to buy that, and now we're
having to deal with trying to find land.
What did sell me on it is for the enjoyment of people, and like
County Manager Jim Mudd said, to horseback ride, fish, bike, hiking,
and camping, and that is in the agreement. And County Manager Jim
Mudd mentioned the primary -- the all-weather roads that would be
usable all year-round, and the secondary roads that would be used will
be passible seasonally; seasonally dry.
As we heard the other day from South Florida Water
Management -- what we didn't hear is them -- is the district to restore
the roads or even elevated the roads so they will be all-season. In fact,
what has happened, they have taken road bed out, they have taken
asphalt out, and making it impassable for the general public to enjoy
the things that -- what they have in the past except for ATVs, swamp
buggies, so on and so forth.
So if there's no questions, I'm going to make a motion to approve
the outlined recommendations.
CHAIRMAN FIALA: Do I hear a second?
(No response.)
CHAIRMAN FIALA: Do we have any speakers on this subject?
MR. MILLER: No, we do not, ma'am.
CHAIRMAN FIALA: Okay, fine.
Commissioner Taylor?
COMMISSIONER TAYLOR: Commissioner Henning, when I
read this material, and it's -- I don't think it's any coincidence that you
were the chairman at the time, so I'm sure you were immersed in this,
because it was -- I remember it being so controversial and
neighborhoods across the street having land out there and having it
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September 27, 2016
changed.
So my question to you is, there appears on the maps that there are
two roads that they -- that South Florida Water Management needed to
maintain above grade, and then the balance would be -- were
considered not all-weather roads but roads that need to be there but not
necessarily maintained year-round. Is that your understanding? I just
wanted to be very clear on what I saw and what I read.
COMMISSIONER HENNING: Well, the agreement is what the
agreement is, and there was -- it was outlined in a map which roads
were supposed to be all-season, and the other ones at grade.
COMMISSIONER TAYLOR: And so do we know, or are we
just asking the -- is this like the initial -- I mean, I'm supporting you in
this effort, sir. So I just need to know, do we know what is all-weather
or, you know, above-grade right now? Because I saw that it was the
extension of the Everglades Boulevard, right? That's one of the roads,
and then I think there was a crossroad. I don't know if it was Miller or
COMMISSIONER HENNING: It's, yes, Everglades, Stewart --
COMMISSIONER TAYLOR: Stewart, that's what it was.
COMMISSIONER HENNING: -- is two that I see; 62nd, which
goes to the forestry's station; Miller. What else is out there? It says
Bearson (sic)?
COMMISSIONER TAYLOR: There is a map, Exhibit C.
COMMISSIONER HENNING: There's a map.
COMMISSIONER TAYLOR: Exhibit C. There's a map, Exhibit
C. Yeah, it's coming up. There it is.
COMMISSIONER HENNING: Then you have, like, 68th would
be seasonal. There's a few roads like Miller South and some of the
streets going over to the west that would be seasonal. Everglades
going down to Lynch Boulevard was seasonal. My understanding
that's where a lot of the ATVs were in the past.
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September 27, 2016
COMMISSIONER TAYLOR: And did we -- did we ever get the
acreage, 640 acres?
COMMISSIONER HENNING: No.
COMMISSIONER TAYLOR: No.
COMMISSIONER HENNING: What happened with that, it was
being proposed of the land north of Lake Trafford. Well, what
happened was the -- when they restored or dredged out Lake Trafford,
and put that spoil area -- spoiled material on that, it resulted in high
arsenic and, therefore, it couldn't be used by anybody for several,
several years. So we settled for, I think, a $3 million check, which I'm
sure it came out of our taxes anyways.
MR. CASALANGUIDA: Probably.
COMMISSIONER NANCE: Yeah, we paid ourself.
COMMISSIONER HENNING: Yeah, yeah. You know, an
agreement is an agreement.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER HENNING: There's no question about it.
You couldn't use -- the way it is being constructed, you couldn't use
that at all.
CHAIRMAN FIALA: Is that all, Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, thank you; sorry.
CHAIRMAN FIALA: Commissioner Nance.
COMMISSIONER NANCE: Yeah. Commissioner Henning, I
support your concern on this issue. The reservation I have on moving
directly to legal recourse, though, is because of a couple different
reasons. And I would love to see the end result as far as our citizens
being able to have use to some of these lands come to fruition, but I'm
not sure that this methodology is going to lead us to that result.
When Mr. Lindahl came at our last meeting and made a
presentation, you know, I discussed the citizens' frustration over the
ATV park and use of lands and, really, the use of trails and roads and
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September 27, 2016
access to public lands has been going on in units including the Big
Cypress National Preserve. I mean, we've had fights over our citizens
using the trails that people guaranteed us they were going to be able to
use in the Big Cypress according to that agreement with the federal
government.
This has been mucked and mired in lawsuits because of advocacy
groups. And the bottom line is, we are increasingly getting reduced
access to these lands, and we simply have to be better on this.
The reason that I have reservations about this approach is that
now the Picayune management situation and regulatory situation is so
much more complex than it was in 2003 when it came before this
board. At present, we have the primary regulatory agency in that area
that is the U.S. Army Corps of Engineers. They are the ones that are
directing infrastructure construction and are responsible for the
infrastructure for the wet -- restoration of the western Everglades, of
which the Picayune Strand State Forest is a park -- is a part.
In addition, we've got a different agency, South Florida Water
Management District, that owns the property. On top of that, we've got
a different agency, the Florida Forest Service, which is tasked with the
responsibility of managing it.
So for us to be able to get a functional public use of this area, we
really need to get three different groups together, all of which have a
different mission and different authority.
I hesitate to support jumping into another lawsuit with the district
simply because that's what we did last time, and it didn't have a good
result. We simply were strong-armed into a settlement on the ATV
property, which didn't -- and still to this day has not served the public
benefit as promised.
So I certainly support your outreach to the governor, and I would
surely support writing a letter -- having the chairman send a letter to
Mr. Antonacci and his staff at the district as well as the Corps and
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September 27, 2016
appropriate people at the Florida Forest Service. I think we've got new
management over there. That certainly is an individual we've been
able to work with before.
But I think we should do those things. And then, lacking any
progress or any cooperative effort on their part, I would certainly
support moving to legal action. But I don't know that -- you know,
conditionally, I can support it. If we want to make that outreach ahead
of it to these three agencies, I think we -- I think we owe that. And I
don't think we should completely blame the Water Management
District for this dilemma, because I think their hands are tied, to a
certain extent, by their partnerships in this federal effort.
So I don't know how to go forward, Commissioner Henning. I
support it and, you know, I feel like we're in a dilemma, but I just --
I'm trying to find a way to respectfully move the Board of County
Commission forward on this issue without simply alienating us by
moving directly to legal action.
CHAIRMAN FIALA: County Attorney, please.
MR. KLATZKOW: Yeah. From a statutory standpoint -- and
you'll remember this with the fire district that we got involved in --
we're going to be required to at least ask for the mediation.
So if your desire, sir, is that the Board of County Commissioners
sit with these other government agencies and try to hammer it out,
that's going to be the statutory approach anyway unless the state
absolutely refuses to sit down -- to sit with you.
COMMISSIONER NANCE: Well, you know, Commissioner
Henning, if you can craft something like that so we have a process that,
you know -- and I also want to have a process that our subsequent
board members feel, you know, confident in proceeding through
because, you know, we're not going to -- certainly not going to wrap
this up in the next couple months and, you know, your service and my
service will be at an end. So, you know --
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September 27, 2016
MR. KLATZKOW: Well, the executive summary is quite well
founded, though, with what you're requesting. You're requesting me to
take any necessary legal recourse. I'm required to ask the other state
and federal agencies whether they'd be willing to mediate. And as long
as they don't say no, you're not going directly into litigation anyway.
COMMISSIONER NANCE: Okay.
MR. KLATZKOW: The last time around they wouldn't return
our phone calls, so we went into litigation. I don't know about this
time.
COMMISSIONER NANCE: Well, with that understanding and
with that intent by the motion maker, I can -- I can support going
through that process.
CHAIRMAN FIALA: Before I call on you, Commissioner
Henning, I just had two questions. Are there any roads there that lead
to people's homes, or are there any homes in that area?
COMMISSIONER HENNING: There's structures out there, but
not owned by the public.
CHAIRMAN FIALA: Okay. Second question is, and something
that nobody has referred to yet, but if they rehydrate that area, flood
that area, in other words, where do the animals go? I mean, right now,
you know, everybody's worried about the animals, and there's no place
for them to go. They can't live in a swamp. You know, we're talking
about a lot of animals that need to stay aboveground. And if it's
flooded, what happens in that situation?
So those are two questions I have on the floor. And you don't
have the answers nor do I --
COMMISSIONER HENNING: No.
CHAIRMAN FIALA: -- but I thought maybe we need to go and
talk about that a little bit more. At least if we have the roads available,
that means there's some high ground. So, anyway, let me call on you
now.
Page 23
September 27, 2016
COMMISSIONER HENNING: Yeah. You're right, I can't
answer. We didn't do this -- I didn't do this executive summary in a
vacuum; talking to staff and working with the County Attorney to put
this together.
You know, bottom line is, the district could not apply for a permit
to the state and federal agencies unless they own the property. They
didn't own the property. They fully were aware of what -- their
obligations to us, the citizens in Collier County. This agreement is
really with -- we're just stewards of the people's property.
We owned property down there, and we gave it up and entered
into an agreement with certain conditions. Those certain conditions
are not met.
And Jeff is right, you know, the mediation with the district is, you
have to do that prior to having a judge hear it. And pulling in the other
agencies is not a bad idea to become the resolution because if you
don't, you're going to have some finger pointing. Well, we can't do this
because of this agency or whatever.
So I think it's a good approach. I think writing the governor and
letting him -- make him aware of an agreement that we had over a
decade ago is not being followed, and the citizens are suffering from
that.
So, anyways, my motion stands. I don't know if we have a
second.
CHAIRMAN FIALA: And you have a second from
Commissioner Nance, is what I heard.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. I -- you know, I want to talk
about this just a little more because -- I'm supporting this motion
because I am very passionate that the public needs to have access to
our public lands and to the wetlands in South Florida for the long-term
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September 27, 2016
health of our restoration effort.
You know, this Picayune Strand, state forest, and the restoration
of the western Everglades, it's going to take a long time to restore that
area. When I was a little boy, there were huge cypress trees in there,
and the excessive drying of the land due to over-draining and the
construction of canals that happened when Golden Gate Estates was
created down there changed the face of that because it introduced fires,
it stopped the sheet flow, and, you know, it's -- I know of very few
people that aren't supporting the restoration of the western Everglades
and this watershed.
But that having been said, you know, people won't support what
they don't see and what they can't -- what they can't enjoy, what they
can't experience. We have an experienced society now. People want to
-- you know, they want -- they are experienced consumers. They're not
material consumers. They need to be able to get down there.
And this restoration project is an absolute perfect place where
people can be allowed to travel even during the wet season without
doing excessive damage to the environment. The environment down
there has basically been completely trashed at this moment. There's
very little else that could happen. Trees have been cut down, burned
down. The sheet flow has been disturbed.
So watching this come back to life and watching this restoration, I
think, is going to be a very, very therapeutic thing for the taxpayer to
see their dollars at work. I mean, we're going to have a billion dollars
in this project before it's done, and I think that the citizens of Collier
County and the citizens of Florida and the nation deserve an
opportunity to go down there.
So I hope, Commissioner Henning, you know, that we're
successful. I hope that we can discuss this with these agencies in a
productive way and understand that we're not trying to do anything
that's going to disturb the process and the ultimate overlying goal of
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September 27, 2016
restoration of the Picayune. But we just have to get in a different
communication line here on this, because it's -- you know, this public
access and public ownership piece is the one piece that's being ignored,
and -- so that's why I'm seconding your motion.
You've passionately convinced me, and I think you're right. We
just need to craft a respectful way to go forward, and I think this is the
way to do it.
CHAIRMAN FIALA: Looks like we're all singing in the same
choir here. Commissioner Taylor?
COMMISSIONER TAYLOR: That's what I was going to say,
I'm singing in the same choir. I had the opportunity this year to go and
look at the work of the water -- the South Florida Water Management,
the Picayune Strand area. And to hear what it was and to look what it
is today was very therapeutic. You know, I mean, it's amazing. It's a
restoration. It's the -- and to allow our public to see this is so very
important, so I'm very supportive.
CHAIRMAN FIALA: So we have a motion on the floor and a
second. No further comments. No speakers lined up anymore.
And so with that, I call the question. All those in favor, signify by
saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Okay. That's a 4-1 vote. Thank you very
much.
Item #11A
Page 26
September 27, 2016
A REQUEST TO RELEASE A PARCEL OF LAND FROM THE
GAC FUTURE LAND SALES LIST TO ALLOW THE ADJACENT
PROPERTY OWNER TO PURCHASE THE PARCEL PURSUANT
TO THE TERMS OF THE 1983 GAC LAND TRUST
AGREEMENT — MOTION TO DENY — APPROVED
MR. OCHS: Madam Chair, that moves us to Item 11A. This is a
recommendation to consider a request to release a parcel of land from
the GAC future land sales list to allow the adjacent property owner to
purchase the parcel pursuant to the terms of the 1983 Land Trust
Agreement.
Ms. Price will present.
MS. PRICE: Good morning. For the record, Len Price,
Administrative Services Department Head.
This morning I bring for you to consider releasing one parcel to
be allowed to negotiate for sale by the next-door neighbor. For those
of you who recall, this is part of a large amount of property that was
deeded over to the county back in 1983 for the distinct purpose of
benefiting the Golden Gate Estates area.
The properties, in some cases we used them to build fire or
sheriffs substations or for other purposes. Other times there's sales,
and those funds are placed in trust and given for grants for the same
thing. We've used them to help build parks, to help fire departments
increase their equipment, et cetera.
This particular piece of property is considered to be a
non-buildable piece because it was split after the 1974 deadline, and so
the value of the property is not significant except that the next-door
neighbor is hoping to purchase it and add it into their property, making
it a larger piece of property.
Back in 2013, the committee that oversees these properties had
asked to put all of the properties on a reserve list pending the
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September 27, 2016
improvement of the economy so that they could sell the properties for
a higher value, and this piece of property is currently on that list.
So today we're asking you to consider removing it from that list
and authorizing our staff to potentially negotiate a sale, which we
would bring back to you.
CHAIRMAN FIALA: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I'm sorry, on this issue I
completing disagree with staff. I've spoken to people in membership
of the Land Trust Committee. These are people that really know their
community well and put a lot of passion into the work that they do.
And the feeling of this committee is that -- basically, that property
values are rising in Golden Gate Estates. As a matter of fact, the
assessed value of this property has risen just in the term of the
development of this agenda item from the last couple of years, and
they are anticipating that because of the development of-- and the
opening of rural lands west to their immediate east that there's going to
be an increased demand for Golden Gate Estates properties.
I think if you'll look at the development trends, and you'll see the
very tiny, tiny lots on which single-family homes are being built, it's
my personal prediction that in my lifetime, the larger parcels in Golden
Gate Estates and larger lot sizes are going to be something that's going
to be a great rarity in Florida, and I think they're going to be some of
the most coveted and valued properties.
So short of any immediate need for money, in addition what has
not been said is that the land trust owns the adjacent lot to this little
piece. I know that this landowner would like to get it and add it to their
lot, but I believe that the two parcels adjacent to one another that the
land trust owns are actually going to be a very, very valuable piece.
I trust these people's judgment. I think they're right. And I'm
going to make a motion to deny this recommendation.
Page 28
September 27, 2016
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: I have a motion and a second.
Commissioner Taylor?
COMMISSIONER TAYLOR: I don't think this -- and I agree,
obviously, because I seconded your motion, Commissioner Nance.
The advisory committee advised against selling it. It's
undervalued. It wasn't properly advertised. There was no outside
appraisal. You know, talk about things that are wrong with this; this
shouldn't be before us. So I'd say let's call the question. Well, there's
two more speakers.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: I agree.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I'd like to hear from our
appraisers as to the value of this property and how this property was
appraised.
MR. LEONARD: I am Roosevelt Leonard, the review appraiser.
I have to agree with Commissioner Nance that property values are
-- or it potentially has the ability to go up in Golden Gate Estates. But
the position where the Real Property Department stands is that the
parcel now -- even if property values go up, this parcel still will be
non-buildable. I agree, if it were combined with the adjacent lot, it
would have a different utility.
But right now, when the Property Appraiser assessed parcels, it's
on a mass appraisal, and it doesn't take the individual utility for this
particular lot. So, therefore --
COMMISSIONER HILLER: Can you explain why this, in
conjunction with the potential buyer's property, is non-buildable but it's
buildable if it's in conjunction with the other properties?
MR. LEONARD: Back in 1974 when the lots in Golden Gate
Estates were split by Ordinance 82.2 -- we don't know why that this
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September 27, 2016
particular lot was as deemed at one time by the Property Appraiser's list
as a buildable site, but since the property was sent out for a review to
see if it is buildable, GMD did a full review on this particular lot, and it
came back, and it was non-buildable.
Now, right now the highest and best use for the lot is a buffer lot.
A buffer is something that you can't put a livable structure on.
Now, again, if you -- if Avatar or the GAC committee wanted to
build -- make this a more valuable lot, it would have to be combined
with the adjacent lot. So as it sits --
COMMISSIONER HILLER: And if it gets combined with the
adjacent lot, it would have to be treated as buildable, so it would have
to be rezoned?
MR. LEONARD: Well, it wouldn't have to be rezoned, but you
would have to go and apply for -- in addition to the adjacent lot, you
would have to go to the Property Appraiser's Office, you would have
to go through the standards in order to make it buildable. But right as
it sits, s non
-buildable.
' n -
t o buildable.
COMMISSIONER HILLER: I mean, how does the Property
Appraiser make it buildable?
MR. LEONARD: Well, since the fact that Collier County owns
both lots, we could go and apply for a permit to have the lots combined
as one folio number. Right now we have two separate folio numbers.
CHAIRMAN FIALA: Mike Bosi?
MR. BOSI: Mike Bosi, Planning and Zoning Director.
To Roosevelt's point, it's currently underneath the minimum lot
size of two and a quarter. If you combined the two lots together, you
would have a buildable lot. It would satisfy the dimensional
requirements; therefore, it would be a buildable lot, and I think the
point would be if it was combined with the other lot, it would have an
increased value because it would be buildable, and that's related to the
two-and-a-quarter minimum lot size within the Estates.
Page 30
September 27, 2016
COMMISSIONER HILLER: But with the adding it to the
potential buyer's property, it remains non-buildable because the
potential buyer has already developed his lot, so it doesn't allow for
any other development potential for that buyer.
MR. BOSI: Correct.
MR. LEONARD: Correct.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. Is it not true that the lot that's
immediately to the left of the shaded and subject lot does not also
belong to the GAC Land Trust?
MR. LEONARD: Yes, it does.
COMMISSIONER NANCE: Well, why wouldn't the land trust
sell that lot and the subject lot for an enhanced value? I'm just trying
to be practical here. Why wouldn't they do that and offer that as a
wonderful home site? Of course they would. So I don't know how we
got in this discussion.
This -- saying this is a non-buildable lot and has reduced value is
completely -- it's just doesn't make common, ordinary sense when the
same owner owns the adjacent lot to the left. I don't know how we
even got here. This is not making common, ordinary sense to me.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. Isn't this a
nonconforming buildable lot? I just heard the statement if it was two
and a half acres you can build on it, but they're building on an acre and
a quarter in Golden Gate Estates all day long.
COMMISSIONER NANCE: Commissioner, I think it was
divided actually after the deadline to establish those legal
nonconforming lots. I think it was parceled off in the '80s sometime
for some odd purpose; is that not correct?
COMMISSIONER HENNING: And do we have the
documentation to show when it was split?
Page 31
September 27, 2016
MR. BOSI: I'm not sure. I don't believe the documentation was
contained in the backup, but we can --
COMMISSIONER HENNING: No, it isn't.
MR. BOSI: -- provide the documentation --
COMMISSIONER HENNING: It wasn't.
MR. BOSI: -- of when it was split, and it was in the mid '80s
after the date.
COMMISSIONER HENNING: Okay. So we do have that
material?
COMMISSIONER NANCE: Somebody just strangely created a
non-usable parcel that would have to be -- it would either have to go to
the applicant that we're talking about, or it would have to remain with
the GAC and go -- sold together with the adjacent GAC parcel.
COMMISSIONER HENNING: Avatar owned all these
properties, and it was deeded over to the county. So my only question
is, the county staff has the evidence that it was split after the deadline?
That's my only question.
MS. PRICE: That's correct.
COMMISSIONER HENNING: Okay. You do have it. Thank
you.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Well, I'm just -- you've said it.
You said it. I just -- I'd like to vote on it. I think if we're going to do
this and going to advertise it, we don't advertise them together, but we
advertise it to identify it instead of this advertisement which reads that
-- and this is the property acquisition. A few tracts remain for sale.
Tracts are sold, which means it's incumbent upon -- there's no
identification. It's not properly identified.
When you do that and you can see that the lot next door is also in
the trust, then it would be incumbent upon a buyer to decide what they
want to do. But when they don't give enough information, it becomes
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September 27, 2016
a quandary, and it is just not good government business to do it like
this.
CHAIRMAN FIALA: Okay. So...
MR. OCHS: Commissioner, they're not currently for sale right
now. I just wanted to make sure the Board understands that.
COMMISSIONER HENNING: The ones that we have?
COMMISSIONER TAYLOR: That's not what the advertisement
says.
MR. OCHS: That's correct.
COMMISSIONER TAYLOR: A few tracts remain available for
sale.
MS. PRICE: A few tracts, but not both.
CHAIRMAN FIALA: We have a motion on the floor and a
second. Let's move this along, please. And with that, I ask all in favor,
signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Okay. That say 5-0. Thank you very
much.
MS. PRICE: Thank you.
CHAIRMAN FIALA: To deny.
Item #11D
THE UPDATED LANDSCAPING BEST MANAGEMENT
PRACTICES FOR THE LANDSCAPE BEAUTIFICATION
Page 33
September 27, 2016
MASTER PLAN, THE ADDITION OF RADIO ROAD EAST
(SANTA BARBARA TO DAVIS BLVD.) IN FISCAL YEAR 2017,
AND UPDATED RANKING OF PROJECT INSTALLATION —
APPROVED
MR. OCHS: Madam Chair, that takes us to your 10 a.m.
time-certain hearing this morning. That is Item 11D. This is a
recommendation to approve the updated landscaping best management
practices for the Landscaping Beautification Master Plan in Fiscal
Year 2017 and update the ranking of project installation.
Mr. Wilkison, your Growth Management Department Head, will
begin the presentation.
MR. WILKISON: Good morning, Commissioners. For the
record, David Wilkison, Growth Management Department Head.
And, Commissioners, at your last meeting before the summer
break you directed us to revisit and update our landscaping best
management practices. And we'd like to thank you for that opportunity
because, I'll tell you, it gave us an opportunity to kind of take a deep
breath, hit the pause button, and really examine our program. And I do
thank you for that. And I think it was -- it was something that was a
long time coming, and the timing was appropriate also.
So over the break we worked very closely with our consulting
team of Ellin Goetz and Jack Leiber from the firm of Goetz & Stropes,
and they are here with me today sitting in the front row here and will
be part of this presentation in the Q&A.
And we worked with them to update our design review checklist.
And as you know, any great project really starts with good appropriate
design, and I really think the appropriate design can result in a project
that's aesthetically pleasing, it's sustainable, and it's easier to maintain.
So we worked very hard on that over the summer, and I'd really
like to thank Ellin and Jack for their consultation. I'll tell you, they
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September 27, 2016
have a great reputation, a long history and experience here in Collier
County, and they've very helpful to us. We really benefited greatly
from their consultation on this.
And really the way I see this, this is really just the first step in the
renewal of our program, and we're going to continue to work with
them on both looking at our installation and our maintenance best
management practices.
So, Madam Chair, with your permission, I'd like to turn over to
Ellin Goetz. She's going to give you a short presentation on our
updated design review checklist.
CHAIRMAN FIALA: Thank you.
MS. GOETZ: Thank you, David.
All right. Can we show the first slide? How do I do that? You
can be my assistant. Thank you.
MR. OCHS: You've got it.
MS. GOETZ: Great. I'm going to just go through a couple of the
highlights that we've been working on the checklist. And as David
said, we're trying to help you build a new landscape, a new program,
basically, for the public landscape in Collier County.
Jack Leiber's involvement in Collier County has spanned 40
years. Forty years ago he was the landscape architect for Pelican Bay
when Pelican Bay was a piece of beautiful raw land. And in those 40
years, he has been closely affiliated with Pelican Bay doing
maintenance and management reviews constantly for 25 years within
Pelican Bay.
And that is one of the reasons why Pelican Bay's landscape still
has some of the original plant material that -- from those 40 years ago.
So it's quite remarkable.
I am lucky enough to have joined Jack's firm in the mid '80s, and
then about four or five years ago, my own firm was given the contract
to revitalize the medians and the roadways in Pelican Bay, and I'm
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September 27, 2016
going to show you some of that work very quickly.
So some of the highlights of the checklist are that obviously the
goal is to lower maintenance, and we can do this by eliminating the use
of high maintenance, high input plantings, by selecting species with
low pesticide, trimming, fertilization, and irrigation requirements.
The plant material has to be sustainable, it has to be -- this is a
working landscape. This is a very tough environment for any plant to
live in, as you-all know, within a corridor of a roadway. It's not a
natural situation, but there are non-native and native plants that can
tolerate roadway conditions.
And then, very importantly, this is a streetscape so that the design
of it cannot be like someone's garden or backyard. It's a landscape
that's perceived at high vehicular speeds. It, in our opinion, should
have repetition in what is used within the landscape, and that the plants
should be appropriately selected so that they do not have to be hedged.
That's one of your biggest expenses in terms of maintenance.
The plants have to be selected so when they mature, they are of a
height that is safe for the situation they're chosen for and that survives
in that situation. And there's an -- there's a whole realm of plants like
that that I'll show you in some of these pictures. Next.
Okay. So this is a view of a median in -- on Pelican Bay
Boulevard at Gulf Park Drive. It's an intersection. I will -- the plants
in the majority are of the type that I've been discussing. They achieve
a natural forum; they're safe in terms of visibility. But the difference in
Pelican Bay is pretty significant. The trees -- the palms that you see
here in the majority were the original palms, and we convinced the
committees that we worked with in Pelican Bay that it was a
sustainable landscape to continue with the heritage of trees that they
had and to add other plants, but in the maximum, this is a natural
landscape in Pelican Bay. Pelican Bay was one of the first
communities that was done around here, maybe in the state of Florida,
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September 27, 2016
frankly, where the natural environment was the driving force. And
those medians reflect this history in Pelican Bay. They are very much
of Florida. They don't look like they're from California.
The difference here is that you do see some annuals on the left in
the slide, flowers. Pelican Bay made a commitment that they would
eliminate flowers from the medians other than a few key intersections,
and it was done because of the cost of installation but, frankly, more so
the cost of maintaining them in conditions. And as you all know, that's
a hard thing to do here.
A couple of the other key things are safety; obviously, visibility is
key whenever you're working in a public roadway. It's not only
important for the people using the roadway, the traffic, but it's
important for the workers that take care of these landscapes that are
growing within the county.
The location of the plants is very key. Again, we recommend that
we pick species that have this -- that don't require hedging for the very
specific zones, and that we use them with the understanding that when
they're mature, they reach a certain size so we don't over-specify plant
material in the medians.
This is, again, a median in Pelican Bay that illustrates some of
these ideas, that the plant material is used that doesn't require hedging
and that meets -- it's a very native landscape, but it's also a functioning,
working landscape.
CHAIRMAN FIALA: May I interrupt you for a second?
MS. GOETZ: Yeah.
CHAIRMAN FIALA: Could you give us a clarification on what
hedging is.
MS. GOETZ: Hedging? Sure. Hedging is cutting a plant that --
because it's gotten too tall. So in a roadway when you have visibility
standards, you have to have safety standards, so you have to see
through things, or if the plant starts overgrowing the space, that's when
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September 27, 2016
it gets trimmed back. So when you go around Collier --
CHAIRMAN FIALA: In other words, you don't have to trim
them, right?
MS. GOETZ: Huh?
CHAIRMAN FIALA: You don't have to trim them.
MS. GOETZ: Right. We're talking about using plants that don't
need to be trimmed constantly.
Okay. That -- obviously, irrigation water is an important criteria.
And when you design plantings that have similar water needs, you
really will eliminate a lot of maintenance of those plants. So moving
forward, that is one of the criteria that will be used whenever a median
or roadway landscape is designed.
In certain cases, these medians are too narrow for plants to live in.
So there are some situations where hardscape materials are going to
have to be considered because it's just not an environment for plants to
live in.
This is an illustration of a median on Vanderbilt Beach Road. It
has some very good points and some things that we think are negative.
And the good points are that it's using palms that survive the storms
and the environmental conditions of Collier County. These are the
native sabal palm. There is use of saw palmetto below it, which is
another native that achieves that natural height, if it's placed in the
right place, without trimming.
And then the lower layer is one of those hedged plants. And
another issue that's illustrated in this that the guidelines cover is the use
of an unnatural colored mulch. This is a red mulch. We are of the
opinion that there are more natural colored products and natural
products, and that should be what is used moving forward. Mulch is a
great material, and in many cases, mulch is better than a lousy-looking
plant.
The criteria include recommendations on using trees that are
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September 27, 2016
resilient to storms, on using palms that are suitable for their location so
that they don't impinge on vehicles, pedestrians, obviously, power
lines, and other structures, and that if turf is used, it has -- it should
only be used if the median is wider than six feet.
If the median is narrow, it should be planted with ground cover
and shrubs, and when turf is used, it should be interconnected.
So this slide on the left shows an area of turf that illustrates that
principle, that it's in a wider portion of the median. It is not little,
skinny wiggly things. It reduces maintenance, it controls irrigation
because, as you know, turf needs more water, typically, than shrubs
and plants.
And on the right is a slide that shows some of these plants that
achieve a height without being trimmed. These are -- they achieve a
natural form. They fill -- in this case they fill this median, and this was
a narrow median, so there was no need for turf
One thing that we really understand is you can't have healthy
plants if you have a lousy growing condition for them, and the roads
are very challenging in this regard because when there are built, there
can be a lime rock and a lot of detritus that is left in the area that would
be a future so-called landscape median.
The checklist includes criteria for soil analysis of the existing
conditions, for recommendations for amendments to the soil based on
what kind of plantings are going to be placed in them, an analysis of
irrigation water because the pH of that can very negatively influence
these plants that we are expecting to live in these very tough situations.
And then percolation is key. So there have -- it's not smart for the
county to put money into planting things if the soil does not drain and
the plants are going to decline over time. And these are hard -- you
know, roads are tough.
And, finally, I just want to talk about color, because I know color
is always something that we expect of our landscape in South Florida.
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September 27, 2016
It's the toughest thing to maintain. And if you use color in a landscape,
especially a public landscape, you have to make the commitment to
maintain it correctly.
And these are two illustrations. On the left is Pelican Bay with a
dwarf bougainvillea. And if you drive through Pelican Bay today,
you'll see that these plants have been completely cut back of foliage so
that they can grow back and be flourishing in the winter season. And
it's a commitment. They need pesticide. They need fertilizer. They
need the trimming. But in this case, Pelican Bay made the decision
that it was worth their investment.
On the right is a slide. It's a median in Bonita Bay where we used
bromeliads as a very low-maintenance color plant.
So there are ways to do color without getting into the fussiness of
some of the landscapes that you see in Collier County, but it's
definitely something that needs to be maintained, and it's far above the
usual plant material.
So I'd like, then, to just open it up to questions from you. And
Jack Leiber is here to answer -- we had some good discussions with
you-all, but I'd like to continue and hear anything that you might have
concerns about.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. I would just like to say what
an outstanding job I think Collier County staff has done on this item,
for which I have a great deal of passion. I know that a lot of people
thought that I was really, really an annoying commissioner on this
issue for quite some time, but I will tell you that Pam Lulich and
Travis Gossard and Mr. Wilkison and his staff gave me the greatest
courtesy, and they engage my eccentricities, perhaps, that they
considered at this time.
But I will tell you, to engage professionals like Jack Leiber and
Ellin Goetz on this issue is beyond my expectations. I think it's
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September 27, 2016
absolutely extraordinary. And I want to say just a little bit about them
and why I think this is such a positive development for Collier County.
You know, Mr. Leiber has worked -- he's among people that are
in plant circles and landscaping circles in Collier County. I think he's
somewhat of an icon. I came to meet him and work together with him
just a very little bit on the Vineyards project.
But prior to that, we had a connection together that I don't think
either one of us realized at the time. But when Westinghouse
Communities and Bob Hoffman started thinking about developing
Pelican Bay, they were really visionaries. And one of the things that
they were willing to engage was a different concept of landscaping and
development of the land rather than just doing -- just knocking
everything to the ground, they took very strong counsel.
And to Jack Leiber's endless professional feather in his cap, he is
the man that brought that to light. He is the one that made that
opportunity possible. He's the one that gave you the quality of the
community in Pelican•Bay and the warmth. And he did the same thing
in the Vineyards with a much less easy start, because instead of
starting with a natural plant community that he could accent and
enhance and bring to life, he had to deal with a flat pallet of farm fields
and so on and so forth.
So I was delighted -- you know, when I started working on that
project, I tried to provide the landowner and the developer with a
bunch of plants that I thought would help create the sort of a look they
looked like. And Mr. Leiber and his team brought that to life once
again.
So I am very, very happy that they are giving guidance. There are
many things about the Collier County landscaping project over time
that are very good. That needs to be said. There are many things that
are very good. Those need to be continued. But to have an
opportunity to update it and go forth -- you know, we have,
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September 27, 2016
fundamentally, a 100-mile linear park down the center of our roads,
and if we can keep those moving forward, it's an asset worth hundreds
of hundreds of millions of dollars, and it deserves the very best, and
staff clearly has gone out and accomplished that. So my thanks to
staff.
I think this presentation is very short. I've read all the material, I
think it's a great start, I think it will continue to move forward, and I'd
like to make a motion to approve the item.
COMMISSIONER TAYLOR: Second.
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay. I have a second, second.
Commissioner Henning?
MR. OCHS: He stepped out.
CHAIRMAN FIALA: Where did he go?
COMMISSIONER NANCE: He took a break.
CHAIRMAN FIALA: Okay. Next we have Commissioner
Taylor.
COMMISSIONER TAYLOR: Yeah. Just some questions.
And, Ellin, on the -- on this slide that's up, we talked about
maintenance and sustainability, and you told me in our -- when we
spoke yesterday, that this was the overriding concern of Pelican Bay.
MS. GOETZ: What, maintenance?
COMMISSIONER TAYLOR: Yes, and sustainability and that --
to maximize the tax dollar; is that correct?
MS. GOETZ: Yes. We were working -- when we began with
Pelican Bay, we were working with a series of recommendations that
their board had agreed to: Primarily sustainability, reduction of
irrigation, reduction of fertilizer, reduction of maintenance, and cost,
yes.
And we -- because we had those criteria set by their board, when
we went into public meetings with their community, we could use that
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September 27, 2016
and say, you're -- yes, but we are working towards a more sustainable
working landscape within Pelican Bay, so we were able to disengage
them from -- to make them realize that the more natural-looking
landscape was a positive thing, that it met their goals, and that the
more artificial landscape was not what Pelican Bay desired to be.
COMMISSIONER TAYLOR: Okay. When I look at these two
slides, are you saying that the maintenance -- and this is just a question
MS. GOETZ: Yep.
COMMISSIONER TAYLOR: -- of the dwarf bougainvillea is
the same as the bromeliads, or are the bromeliads --
MS. GOETZ: Bougainvillea's way more.
COMMISSIONER TAYLOR: Okay.
MS. GOETZ: You get a lot of bang for your buck, though. So,
yeah, the bromeliads are much lower care, color, landscape material.
The bougainvillea is used in Pelican Bay in key areas which the intent
that it provides color and it's worth their investment in doing so. But
it's not used everywhere. It's used in key places.
COMMISSIONER TAYLOR: And I'd like to bring up another
conversation that we had yesterday about the hedges right outside here
in the parking lot. And your comment on that was -- to me, it just hit
home for me what you were talking about.
MS. GOETZ: It was a good conversation because, you know,
Jack and I in the industry we think, well, everybody knows this, but
plants do have a mature natural height, and some of the plant material
out around the campus has been used for its foliage color, but its
natural shape is maybe 15 feet tall, and it's having to be cut or clipped
down and maintained in a more of a three-foot kind of height.
And you see that everywhere in the landscape, public and private
landscapes. And so what we're promoting, and what I was trying to
show with these pictures, is there's a whole bunch of wonderful plants
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September 27, 2016
that meet that criteria without coming in afterwards and whacking
them.
And I think the most important place is the roadway because
that's where you do have people, human beings, working in very
dangerous conditions, and we're trying to make sure not only is it
visually attractive because it has a more relaxed natural appearance,
but it's a safer landscape and it's -- hopefully you're able to financially
afford the cost of maintaining it. That's a driver.
COMMISSIONER TAYLOR: And it's not us. It's taxpayers.
MS. GOETZ: Exactly.
COMMISSIONER TAYLOR: It's the taxpayers' dollars. You
know, it is out of my -- well, I don't think it is out of my pocket
because it's in the unincorporated area. Because I live in the city, I'm
not sure that the City of Naples would have the -- is that correct? The
City of Naples wouldn't have the landscaping tax, would they? The
City of Naples, the incorporated areas, or would it -- it's only the
unincorporated areas, is that correct, or am I incorrect on that?
MR. OCHS: Yes, it's the unincorporated area, Fund 111.
COMMISSIONER TAYLOR: Okay. All right, good.
MS. GOETZ: And I think everyone recognizes the significance
of the public landscape and its contribution to the economics of Collier
County and the life in Collier County.
COMMISSIONER NANCE: But you're enjoying those -- you
know, the countywide plantings, aren't you, ma'am?
COMMISSIONER TAYLOR: Yes, I am.
COMMISSIONER NANCE: Maybe we need to be looking at a
payment in lieu of taxation over here on --
COMMISSIONER TAYLOR: And may I say also --
MR. OCHS: I'm writing that down.
COMMISSIONER TAYLOR: -- I think the City of Naples may
have started this a long time ago under a mayor who wanted to
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September 27, 2016
landscape the medians and, actually -- and I'm not sure how he did it,
but I think it was private donations that started it.
CHAIRMAN FIALA: It was Ned Putzell.
COMMISSIONER TAYLOR: Yep, private donations.
CHAIRMAN FIALA: And he started it, and it was called Naples
Scape in the beginning.
COMMISSIONER TAYLOR: That's right. Thank you.
CHAIRMAN FIALA: He got his team together, and then I
happened to wander in and they then called it Collier/Naples Scape,
and they started coming into the East Naples area as well. So I served
on that board with pride.
COMMISSIONER TAYLOR: Oh, that's great. All right. I have
questions for staff, but I'm going to -- I'm not going to ask right now,
so -- I know there's some other questions here, and then I'll speak to
staff.
CHAIRMAN FIALA: Okay. Very good.
Commissioner Henning, I'd called on you before. You're back.
So would you like to take up before I go to the next person?
COMMISSIONER HENNING: Yeah, a quick question. You're
still recommending turf, using turf?
MS. GOETZ: I think turf is certainly an alternative in certain
situations.
COMMISSIONER HENNING: Okay. Wouldn't that -- that's a
weekly maintenance, though. Would it still be less maintenance?
MS. GOETZ: I mean, Jack, do you want to speak to that?
COMMISSIONER TAYLOR: No.
COMMISSIONER HENNING: Or are we using the turf for fleet
service?
MR. LEIBER: The turf would be in limited quantities and areas.
You're not going to get away with no turf.
COMMISSIONER HENNING: Okay.
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September 27, 2016
MR. LEIBER: And when you have turf, turf requires certain
irrigation other than what regular planting would, and it requires a little
more and all of that; however, a situation that I was involved with
recently up in Bonita, one of the members of the board up there, they
had re-landscaped a roadway. Prior to the re-landscaping with shrubs
and trees and all of that, their maintenance fee was, like, $20,000 a
year, and it was mostly turf. And then they came in and put in shrubs
and really gussied it up.
And now the month -- the yearly maintenance went up to $90,000
because it required more physical work with the shrubs and the
selections. So, you know, it's a handoff there.
COMMISSIONER HENNING: All right. My last question.
How long does it take for an avocado tree to fruit? Does anybody
know that answer?
MS. GOETZ: Are you feeding it?
UNIDENTIFIED SPEAKER: Three years.
COMMISSIONER HENNING: How many fingers?
UNIDENTIFIED SPEAKER: If you plant it from a pit, about 10.
If you plant it from a pot, about four, if I remember correctly.
COMMISSIONER HENNING: All right. Thanks.
CHAIRMAN FIALA: But you had a question from Ellin Goetz.
COMMISSIONER HENNING: Nope. I'm all done.
COMMISSIONER TAYLOR: No. She asked you.
MS. GOETZ: Are you feeding it?
COMMISSIONER HENNING: Oh, am I feeding it?
MS. GOETZ: Yeah.
COMMISSIONER HENNING: Yeah, and mangoes.
COMMISSIONER NANCE: Commissioner, when we get out of
the office, we can talk fruit trees.
CHAIRMAN FIALA: Even in office.
MS. GOETZ: He's the expert right there.
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September 27, 2016
CHAIRMAN FIALA: He's not going to affect you as far as what
we're voting on.
COMMISSIONER HENNING: I mean, we talk about a lot of
things up here that has nothing to do with the agenda item. So I mean,
I just have a few meetings, so I thought I'd join everybody with a
question, that's all.
CHAIRMAN FIALA: Well, that was interesting for those in the
audience.
Okay. Commissioner Hiller?
COMMISSIONER HENNING: Ten years.
COMMISSIONER HILLER: I want to thank you both. What
you've done in District 2 in Pelican Bay is so admirable. I drive
through the area, and I look at what you've accomplished, and it's truly
made a very substantial difference in that community.
I remember Pelican Bay when it was first being developed. I
remember when there were also areas that were just completely black.
Remember when the mangroves were dying off, and it's just like the
combination of the mangrove restoration and your landscaping has just
turned it into an incredible community that needs to spread throughout
the rest of Collier County, which is what Commissioner Fiala has been
so strongly advocating for, for as long as she has sat on this board, and
for which I applaud and support her.
So thank you for bringing her vision to fruition and incorporating
Commissioner Nance's, you know, sensitivity to not wasting water and
not wasting money on needless maintenance.
What is your position on weed barriers?
MS. GOETZ: Weed barriers are very critical items in the
landscape.
COMMISSIONER HILLER: So you are incorporating -- do you
use the artificial weed barrier, like, the sheathingthat I -- as I
understand that's out there, or are you just using weed barriers like the
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September 27, 2016
mulching? Because what I understand is that -- and, you know,
because I see the -- our maintenance crews spraying constantly.
And so my question is, is if you incorporated the -- what I
understand to be, like, the artificial barriers -- I think it's, like, some
sort of plastic sheathing.
MS. GOETZ: Yeah. Actually, I misunderstood you. I thought
you meant root barriers. Weed barriers I don't have experience with.
Do you, Jack? We don't -- no.
MR. LEIBER: You know, you're not going to prevent weeds.
Weeds are going to blow in, seeds are going to blow in.
COMMISSIONER HILLER: I thought there was some material
that you could put on top of the ground that still allowed the plants to
MR. LEIBER: There is.
COMMISSIONER HILLER: -- grow, but, you know, limited the
ability for the weeds to -- and the only reason I bring it up, it's, you
know -- the use of the herbicides is a concern as well.
MS. GOETZ: Yeah. You know, if you -- if it's designed
correctly and the plant grows happily, it should eventually shade out a
lot of weeds, and so then you're just dealing with -- once it's achieved
its maturity, then the weed -- but the weed population is always going
to be there, and I think it's -- it's what you have to factor into the
maintenance.
Again, it's a controlled landscape. It's a working landscape. So I
think that's the case. You're going to have weeds. You're going to have
to maintain them.
COMMISSIONER HILLER: Got it. Thanks.
CHAIRMAN FIALA: Okay. And I'll wind it up.
First of all, there are two people sitting right here in the audience,
Mr. and Mrs. Sherman. They've been -- yes, you guys. They've been
following this very closely. They live in Countryside, and when we
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September 27, 2016
landscaped Davis Boulevard, that beautiful section from Airport going
out to County Barn Road, the landscaping funds only took them so far,
and they didn't do anything in front of Countryside.
And they have been advocates for this area ever since. And one
thing they're hoping and praying for is that there's -- and I think they've
been promised that theirs will be one of the first sections completed so
it finally continues that one corridor, but they wanted to make sure that
it matched what's already there and it's the same length and everything,
and I think it's very possible because the Davis Boulevard corridor
there in that section is so beautiful. So I know that they're not
speaking, so I'm speaking for you, and I hope that's okay.
MR. WILKISON: For the record, David Wilkison, Growth
Management Department Head.
Yes, we have a grant from DOT to complete that section of the
Davis Boulevard you were just speaking about, and that is scheduled in
2017.
CHAIRMAN FIALA: Great. Oh, and 2017 is around the corner
now, folks. Okay. That's my first thing.
The second thing is we -- the maintenance, as everybody's
mentioned, is essential in keeping our medians beautiful. Without
good maintenance,just haphazard maintenance, you couldn't do it. So
we've got some people here making sure who will be working with
you to make sure that maintenance is taken care of. And now that we
have a funding source, we can get it done right.
Thirdly, color -- I realize what everybody's saying. Color, to me,
is important because I think it beautifies the whole area, and Collier
County has become known for its beautiful medians. I think that that
is our signature around the state of Florida is our beautiful medians,
and I want to make sure that -- I mean, some aren't so beautiful
anymore, but we're hoping to get them back again.
And then the calming of grass -- I'm delighted that we're going to
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September 27, 2016
continue to use grass in areas six feet wide and above. In many of the
areas -- I don't say that we're going to do it in all, but in some places I
think it's so important because it's got such a calming effect on drivers.
And the state of Florida will give us money for landscaping
because there's a safety feature in landscaping the medians. The safety
feature is it's a calming feel, and people don't feel like they're on a
raceway. They actually feel like they're on a neighborhood road. So I
wish you all the very, very best as we move forward, because what you
do is how we look. You, then, are going to be responsible for our
signature to our tourists, to our residents, to our new homeowners.
And so I think we're all delighted with what we see, and we hope
that it will work to the very best for everybody. And with that, I call
the motion. Oh.
COMMISSIONER TAYLOR: I wanted to ask staff a couple
questions.
CHAIRMAN FIALA: Okay. I didn't even -- did you just turn
your light on?
COMMISSIONER TAYLOR: Yeah, no. I just did, yeah.
The medians -- and I've listened to my colleague to my left,
Commissioner Nance, talk about how the soil is -- you know, it's
roads, and sometimes not the right product goes into the medians.
How are we going to monitor this? Whose responsibility is it,
ultimately?
MR. WILKISON: It's really the responsibility of our project
manager who's responsible for widening of the road. And also
working in conjunction with either our own construction inspectors or
an outside construction inspection firm to make sure that the
cross-section that we specify with the roadway construction plans is
met, because we do have a cross-section that Pam Lulich and Jay
Ahmad, our transportation division director, have worked together to
put together that we require as part of the design plans and require that
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September 27, 2016
the contractor build to that specification. And we just have to do a
better job of ensuring that this happens during construction.
COMMISSIONER TAYLOR: Okay. So it's incumbent upon us
to make sure.
MR. WILKISON: Yes, ma'am.
COMMISSIONER TAYLOR: Okay, good. And then the second
question I have is because this is now -- I'm very familiar with
Berkshire Lakes/Radio Road MSTU where that small area taxed
themselves. I think to date it's over a million dollars of their tax money
have gone into not only the median on Radio Road, but certainly
within the Berkshire Lakes area. So there were two within the
neighborhood but also on the traveled road.
Now, that's going away. But now we have -- and I'm using this as
an example. There's a lot of others, but Radio Road east. What -- the
Radio Road west or the Berkshire Lakes, they basically said, we're
going to do this, and they have a committee, and they decide what
they're going to put into these medians. That's not the case when you
have a countywide program, right?
MR. WILKISON: That's correct.
COMMISSIONER TAYLOR: Okay. So I think it's incumbent
upon us to -- the word is "educate," but it sounds so imperial. I don't
want to say that. But to bring to -- to allow our residents to understand
this systemic change that we're making, that, you know, no longer are
we just planning everything and maintaining it because the cost is
prohibitive.
What we're trying to do is plant beautiful medians with plants that
they may be unfamiliar with but at the same time that will help, you
know, use their tax dollars wisely.
MR. WILKISON: Right. And as we launch into the design
program again and we start with the projects that we've ranked here,
you know, we're going to be holding public meetings with the folks
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September 27, 2016
who are affected --
COMMISSIONER TAYLOR: Okay.
MR. WILKISON: -- who live next to these roadway corridors
and walk them through how we're going to go through the process so
that they understand how we're going to move through the design
process.
COMMISSIONER TAYLOR: Okay, good.
MR. WILKISON: So we'll be meeting with those folks. And
several of them were here when we had our workshop, so you know, it
will -- it takes a lot of public outreach, really --
COMMISSIONER TAYLOR: Yes, it does.
MR. WILKISON: -- to let the folks know how we're going to be
doing it and the fact that we do have an updated design checklist. And,
you know, there are some sections of our roadways where certain
developments want to actually landscape those areas and actually
maintain themselves, and we have several landscape maintenance
agreements.
COMMISSIONER TAYLOR: Okay.
MR. WILKISON: And, obviously, it's really good to have this
design review checklist. So that can also guide them in their process
also.
CHAIRMAN FIALA: And there's a few right on the agenda
today, two of them.
MR. WILKISON: You're exactly right. There are two that are on
the agenda today.
COMMISSIONER TAYLOR: Yeah, that's funny.
Well, then, you know -- and that's going to be a decision of staff.
But my recommendation, until we get some showpiece medians up
based on our new criteria, is that we employ as consultants Ellin and
Jack so that they're there to speak to our public as we go through this
process.
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September 27, 2016
I'm not suggesting that they're there forever and ever. I
understand that when Jack was -- started Pelican Bay, he was told by
Westinghouse that you are going to be with the maintenance crew
every week, every week, and you're going to tell us what's working and
what's not, and you're going to correct it. And he said eventually that
became every month. But that incumbent upon him. But I think their
expertise and their guidance and their creativity is so needed at this
time until we get this new way of landscaping established.
MR. WILKISON: Right. And each new capital prong that we
take on during the design process, the landscape architects or firm that
will selected for that particular project will be participate through the
public outreach program.
COMMISSIONER TAYLOR: Okay, okay. Good.
CHAIRMAN FIALA: And, again, with that, I call the question.
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: And opposed, like sign.
(No response.)
CHAIRMAN FIALA: And that is a 5-0, and --
MR. WILKISON: Thank you, Commissioner.
CHAIRMAN FIALA: County Manager, we have a lady here
that's about ready for her break. Why don't we take a 10-minute break.
MR. OCHS: You've got it. Thank you.
(A brief recess was had.)
Item #11B
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September 27, 2016
THE STATUS OF THE 2016 COLLIER COUNTY RESTORE
COMPREHENSIVE WATERSHED IMPROVEMENT PLAN AND
TO APPROVE MOVING FORWARD WITH RESTORE
FUNDING APPLICATIONS AND CONTINUE PROJECT
EXECUTION — APPROVED
MR. OCHS: Ladies and gentlemen, please take your seats.
Madam Chair, you have a live mike.
Commissioners, we move to Item 11B on your agenda this
morning. This is a recommendation to review the status of the 2016
Collier County RESTORE Comprehensive Watershed Improvement
Plan and to approve moving forward with RESTORE funding
applications and continue the project execution.
Mr. Gary McAlpin, your Coastal Zone Management Manager, is
prepared to make a presentation or respond to questions from the
Board; whatever the pleasure of the chair. Would you like the
presentation, ma'am, or we'll go to questions.
CHAIRMAN FIALA: You might as well give us a presentation
so that then everybody's familiar with it --
MR. OCHS: Happy to do it.
CHAIRMAN FIALA: -- in our audience.
MR. OCHS: Yes, ma'am.
MR. McALPIN: Thank you, County Manager, and good
morning, board members. Gary McAlpin, for the record; Gary
McAlpin, Coastal Zone Management Manager, and I'm also the
RESTORE Coordinator for the County.
Before we get started, I want to recognize two individuals: Peter
deGolian with Lago Engineering, and Mark Erwin with Atkins.
They're outstanding engineers, and they worked with us, with the
county to develop this comprehensive plan. And a lot of what you see
in here today is going to be directly as a result of their participation.
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September 27, 2016
So for the last 10 months or so we worked with the community,
stakeholders, regulators, and environmental groups, and we wanted to
look at developing a backbone for a comprehensive watershed plan
that dealt with the eastern portions of Collier County just west of the
federal project that you just talked about earlier this morning. And that
area would -- was the Belle Meade, the Golden Gate, the west side of
the Picayune State Forest, 6L's, and Rookery Bay.
We wanted to make sure this project complimented the federal
project. We wanted to -- over the last 10 years there had been
tremendous studies, 10 major studies, all identifying that we had
problems here and all identifying similar solutions. We wanted to use
those. We didn't want to recreate the wheel, so to speak. We wanted
this plan to be permittable, be accomplished on a 10-year schedule, be
comprehensive, be conceptual so that all of the issues were identified.
There were no project killers, so to speak. It was going to be 100
percent fundable by RESTORE and supported by the legal -- the local
stakeholders. We did that.
And we have in front of you a program that reduces freshwater
flows to Naples Bay, rehydrates the western side of the Picayune
Strand State Forest. That's about 10,000 acres. And that land was
purchased for rehydration, and this plan is 100 percent compatible with
forestry's plan, forestry's management plan.
We wanted to increase freshwater flows to Rookery Bay and
improve the wet season, improve the -- let's see what we did down
here. Maybe I can -- here we go. Okay. And improve the water
quality throughout the whole system.
So from 1940 our watersheds were highly altered, and Rookery
Bay -- and they were changed with the canal network from the Golden
Gate Canal System. Rookery's Bay (sic) watershed was modified and
reduced by 80 square miles.
Naples Bay watershed, because of the flowing from Golden Gate
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September 27, 2016
Canal, increased by about 100 square miles. There has always been
consensus on the impacts to the -- what we had to do, but we didn't
have it move forward primarily because of money issues.
So when RESTORE came, RESTORE provided an opportunity, a
potential opportunity for us to look at what we can do in a large
comprehensive project.
So we looked at this job, and we said, okay, we're going to divert
flows out of the Golden Gate Canal when flows are -- when water is
available during the wet season from June to October and, more
importantly, previous studies did not look at the reservations for the
water for the upstream users.
They have city wells there. We have county wells there. We
have private wells there. All those well sources during the dry season
had to be maintained.
So we wanted to re-establish the historic flow-ways through the
system, and we wanted to make sure that it was in concert with the
federal project.
So we looked at flows based on -- in the Golden Gate Canal, from
2009 to 2014, and on average, when you took out the reservations for
water, we could pump 42 days out of the year. Now, this is 11 percent
of the days. And on those days when we were pumping, we could
bypass approximately 19 percent of the flows. Of those 11 percent of
the days, it represented about 9.5 percent of the wet season flows and 8
percent of the total flows going into Naples Bay on a yearly basis.
That's about 2.7 billion gallons a year, and it not only helped us
with Naples Bay but it also, then, provided a source for that water to go
down, rehydrate the Picayune Strand State Forest and help out with
Rookery Bay.
So what happened is when we looked at doing this is when we
take those flows out of Naples Bay, it creates about 400 acres within
Naples Bay where we changed the habitat. The salinity will improve
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September 27, 2016
about two parts per thousand. You could plant all the oyster reefs that
you want, you could plant all the seagrasses that you want, but if the
conditions are not right to develop the habitat, they'll die.
So what we've done here in four -- for approximately 400 acres,
we created that habitat so that we will re-establish seagrasses, and we
could establish oysters during that period of time.
We also -- by taking these flows out of Naples Bay, there's about
-- we save about 5,000 bags of 20-pound fertilizer on a yearly basis.
Pretty significant in terms of the nutrients that would be flowing into
Naples Bay, and probably just as important we eliminate the shock
loads.
During the wet seasons, you get the rush of freshwater into
Naples Bay, and we get turbidity throughout the system. That turbidity
tends to kill the flora and fauna in the bay. So we were able to, with
eliminating those freshwater flows, improve those conditions into
Naples Bay.
We looked at the state forest. State forest had purchased the lands
for rehydration. And if we sheet flow through the state forest, we
could rehydrate about 10,000 acres and -- but more importantly, when
we rehydrate we would not change the hydro periods, the time of
different -- different species, and we would not re -- and that we would
not change the water depth significantly. That was very important to
the forestry people because they have listed species in through that --
that location that they could not change.
So when, Commissioner Fiala, you asked about the animals and
what would happen to the animals, well, in this particular plan, we're
not hydrating enough to have an impact, a negative impact, on the flora
and fauna or the animals within the Picayune Strand State Forest.
And, lastly, within Rookery Bay we're going to improve the
freshwater flows. There's about a 50 CFS deficit, cubic feet per second
deficit of flows going into Rookery Bay during the wet season, so we
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September 27, 2016
would be able to improve that and provide them wet weather flows.
So if you look at our system that -- what we would be look doing
-- if you look at our project here, you'll see this is the Golden Gate
Canal. And as we -- as we have it right there, this is the property that
was just purchased right next to the landfill right in through here, and
we'll have about a 4,500-foot flow-way with a pump station that we
would pump during wet seasons, during the time that we talked about,
100 CFS. It will have the capacity to do much more than that, but our
design basis is for 100 CFS right now.
From that pump station, then we will -- we will transfer the flows
to the north canal of 75. This is 75 right through here. We'll flow that
water down through there into a pump station, which will pump it out
of the south side of 75 canals, the canals on the south side, through
existing culverts. We won't change 75. There won't be any new
culverts that will need to be installed. And then we'll go through the
natural flow-way on through the Picayune State Forest.
Now, I said this complements the federal project. This is the
federal project that's outlined in red that was talked about earlier today.
So we're right next to that, and everything that we do would
complement that program.
The natural flow-way would flow through here. We'll put culverts
under Sabal Palm Road, and we will -- we have 6L's agricultural
development right in through this area. We've looked at, we've talked
to the 6L's, the property owners within 6L's, and we want to, in our
plan, re-establish the natural flow-way through 6L's.
And, lastly, in the Fiddler's Creek area and the Rookery Bay area
we want to be able to provide the outlets for the flows across 41 so that
we can then -- once we get the water down here, then we can flow the
water to the south.
So this is a project that's -- this is a work in process. We expect
that the engineering and the permitting on this will take two years, two
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September 27, 2016
to three years. We won't move forward to the engineering and
permitting until we have funding.
And what (sic) we're in here today is we have a conceptual design
that is detailed enough to establish and look for funding from our
different RESTORE pots.
So one of the things that was -- that was always a problem, that
had been a problem -- and this is a blowup of 75 right onto the north,
and this is a blowup of the south side of the Picayune State Forest, and
we're dealing with forestry as we speak on these issues.
If you look at these areas right in through here, the green circles,
this is where we have Red-cockaded woodpecker habitat. These are
endangered species. The red circles are previous colonies that have
been destroyed by wildfire.
So when we talk to the state forest individuals, they had said, gee,
we're really concerned. We want to make sure that you don't impact
any of our listed species, you don't impact where we're trying to
re-establish Red-cockaded woodpeckers' habitat to the northeast, you
don't change the composition of the vegetation, which was very
important.
Thirty years ago this was all cypress swamp. Now, it's mesic
hardwoods and mesic flat woods. Those are panther habitat. And
whatever we did, they wanted to make sure that we did not change
that.
They wanted no functional decrease in their trails and their
walkways, and their roads. They wanted to have the ability to have
adaptability and monitoring on this program, and lastly, they wanted to
make sure we had no impacts to the federal project.
We modeled our job, and we were able to report back to them,
back to the state forest, that we can deal with the Red-cockaded
woodpeckers, we can deal with not changing the vegetative
communities, we can deal with all of the hard environmental issues
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September 27, 2016
that we had.
We still haven't resolved 100 percent with the state forest at this
point in time. Sabal Palm Road is an issue that we need to continue
dialogue with them. We have another meeting with the director of the
Forestry Service in Tallahassee later this month, and we'll continue to
work through these items with the state forest. We're not there yet.
They're the only agency that we do not have complete closure and
complete agreement with.
But the key to this whole thing, this program, is to use an adaptive
management technique where we've designed flexibility into the
system so that we can increase the flows, decrease the flows, change
the flows. We can -- we can monitor an area or shut the flows off to a
certain area, and that's really the important -- and that's how we're
going to start this once we get to the permitting -- past the permitting
phase and into construction. That's what we'll do. We'll start the
system up gradually and learn from it as we start it up.
So what are the critical issues that we've addressed on this item?
It's basically that we're putting supplemental flows into Rookery Bay,
and those flows that we're putting into Rookery Bay have a higher
water quality characteristic than what the flows are currently in there.
So what we're doing is through all of this sheet flow that we're
dealing with, we're actually improving water quality to the end user,
which is Rookery Bay.
There's approximately 45 private parcels that are in the Big
Cypress -- excuse me -- that are in the -- that are in the Picayune
Strand State Forest at this point in time. We'll have to deal with those.
We haven't dealt with those, but we're going to deal with those during
the design period of time, and there's -- we have a lot of flexibility
because we could use the TDR program. We could use avoidance. We
could bypass properties. If so, we could work with the forestry and
transfer the properties over to forestry.
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September 27, 2016
So we've got a lot of flexibility there. We believe we absolutely
can deal with those private property owners through how we design
our system.
We've had no impact. We've demonstrated no impact to the
endangered species. No compact to the vegetative communities. And
by putting additional hydration through the state forest, we have the
ability to choke all of the cabbage palms through wet -- additional wet
moisture, and that is really a fire hazard for these people as we speak
right now.
So this is going to work with them to provide more hydration to
their forest and potentially help with the fire and also potentially help
with avoiding some of the invasive species.
So we also, which was very important to us as we started this
project, we wanted to make sure we had community support. We have
written letters of support by Florida Fish and Wildlife Conservation
Commission; FWC, which is state; the Big Cypress Basin; South
Florida Water Management District; the City of Naples; Fish and
Wildlife Service, which is federal; the Florida Wildlife Federation; the
Conservancy of Southwest Florida; Audubon; Collier County's
technical -- Watershed Technical Advisory Committee; and Rookery
Bay is co-sponsor of this project with us because they believe in it so
much.
So if you look at RESTORE, where we stand right now with
RESTORE, it has three pots. The first pot is a direct component pot,
and we expect to have, at the end of 15 years -- that's how much the
time -- when the money is transferred to us, $6 million in that pot.
And in 2014, the county was a little bit premature, and we set up a
situation where we solicited projects, but we hadn't had all of
RESTORE -- Treasury's guidelines established at that point in time.
And we've received projects from the community. Since that time
we've realized that what Treasury is really looking for right now is
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large, comprehensive projects that really make a difference.
So one of the recommendations that we're going to ask for is that
we void out from 2014 the ranking for all the smaller miscellaneous
projects that we had at that point in time and use the funds from Pot 1
to continue with our engineering design and to support this major
project.
We also have Pot 3 which is the RESTORE consortium. And
Commissioner Henning was very instrumental in working with us and
the rest of the 23 counties to establish $12.7 million, which is what we
would get -- we have to go through a submittal process and an
approval process. But $12.7 million has been highlighted for us to
deal with our project. So that gives us about $18 million if you look at
both of these projects combined.
The plan that we laid out to you, we're estimating at this point in
time, is 32 million. The balance of those funds we're going to apply for
the RESTORE Council, which is Pot 2, which is the five major states
through DEP to support that project.
CHAIRMAN FIALA: I don't know if everybody knows what
RESTORE funds are, but that is from the oil spill, just so everybody
understands where that money's actually coming from.
Are you close to the end?
MR. McALPIN: I am.
CHAIRMAN FIALA: Okay.
MR. McALPIN: So what we would -- what we're looking for
from you is a -- is a review, which we've given you, and then a
direction to move forward and to continue to develop this project and
to use one major project and to use funds that we have to continue with
the engineering. We have approximately $1 million currently in the
bank, at the end of next year we'll have 1.5 million, and we'd like to
use those funds to continue to develop the engineering and, more
importantly, the permitting for this project.
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Thank you, Commissioner.
CHAIRMAN FIALA: Thank you so much.
COMMISSIONER HENNING: Move to approve staffs
recommendations.
CHAIRMAN FIALA: I have speakers.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Okay. How many speakers do we have?
MR. MILLER: We have one registered public speaker for this
item, Nancy Payton.
MS. PAYTON: Good morning. Nancy Payton representing the
Florida Wildlife Federation. And we're here in enthusiastic support of
moving forward with the RESTORE applications and the watershed
plan to improve Naples Bay, Picayune, Belle Meade, and Naples Bay
-- oh, and Rookery Bay. Got that wrong.
We have a particularly keen interest in the western Picayune
effort because it does rehydrate 10,000 acres of wetland habitat, and it
respects the upland habitats. Often with wetland projects, the upland
lands are somewhat sacrificed.
But in this case, there's great respect for the effort to restore
Red-cockaded woodpecker habitat.
We were involved with an effort several years ago to bring in
over a dozen pair of Red-cockaded woodpeckers from as far away as
Georgia to re-establish that population. So we're very pleased that
their needs are considered in this, and we commend Gary and his team
for doing that.
We just hope you'll move forward, and we will continue to
engage with Gary and his team, who have done an excellent job in
bringing everybody together around the table to work collegially to
move this project forward.
Thank you.
CHAIRMAN FIALA: Thank you. Thank you.
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Commissioner Taylor?
COMMISSIONER TAYLOR: For Mr. Alpine.
Thank you very much for this, and clearly you have broad support
among the environmental community for this plan.
I did read it because I was fascinated with the concept of diverting
water from the Golden Gate Canal, being in the city, and Naples Bay is
always on everyone's mind. And the understanding of how damaging
that flow of freshwater is, it piqued my interest, and so I sat and read it.
So I think -- now, help me with this. Right now I think there's 1,250
CFS of freshwater going into Naples Bay; is that correct?
MR. McALPIN: That might be the total flow going into Naples
Bay.
COMMISSIONER TAYLOR: Yes.
MR. McALPIN: I can't argue with -- I can't comment on that
number, but --
COMMISSIONER TAYLOR: That sticks in my mind because
what started me on this questioning is that for $32 million we're only
diverting 100 and maybe 200 CFS from Naples Bay.
MR. McALPIN: Yes, ma'am. That is true. I mean, but if you
look at the impact that that's going to have on Naples Bay, it's pretty --
COMMISSIONER TAYLOR: It wasn't so -- it wasn't as clear as
you spoke about it. I mean, what I read was oysters may come back.
The salinity -- the salinity on the north side of the bridge, which is
where the Golden Gate Canal is not going to change. Am I incorrect
on that?
MR. McALPIN: The salinity in the middle part of Naples Bay --
COMMISSIONER TAYLOR: Will.
MR. McALPIN: -- will change.
COMMISSIONER TAYLOR: Yes.
MR. McALPIN: You won't change the salinity to the south for
Gordon River, and you won't have it all the way up on the north end.
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But clearly the salinity of the 400 acres in the middle will change.
COMMISSIONER TAYLOR: Okay.
MR. McALPIN: And that's pretty significant. I think if you look
at -- Commissioner, you've got to look at it holistically, and that's what
we've tried to do when we developed this plan.
Sure, we'd like to develop -- we'd like to divert more flows out of
Naples Bay, but the reality is, is that we've got to start somewhere, and
we don't have the water reservations which would allow us at this point
in time, from a paper point of view, to divert more flows.
COMMISSIONER TAYLOR: Right.
MR. McALPIN: We're going to do that through the adaptive
management that we talked about. But, more importantly, this is a
comprehensive program. It's just not identified for Naples Bay. It's
rehydrating the Picayune Strand State Forest, which is in badly need of
additional water, and it's rehydrating and it's providing wet weather
flows to Rookery Bay, and it's improving the water quality through
that whole system and the historic flow-ways through 6L.
So you've got to look at it in concert in terms of what we can do,
what re -- what the RESTORE consortium will approve and -- as we
move forward with this, and that's what we've tried to do.
COMMISSIONER TAYLOR: And I think you have, and I'm
very cognizant of the fact that Rookery Bay will be a great benefit to
Rookery Bay (sic) if this works. But my question is, what is your
contingency plan if it doesn't?
MR. McALPIN: Well, this is what we're going to do: We're
going to go and we're going to seek funds for engineering. Hopefully
we'll be able to use some of the Pot 1 funds that we have.
We've got about two years worth of-- two to three years worth of
permitting and engineering where we're going to go back and we're
going to look at all of these issues again in more detail. And we will
know -- we will have a much better period -- when we complete that,
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that more detailed engineering and the permitting; we'll have a much
better feel for what's going to happen with the additional flows and
water reservations than where we're at right now.
We're very confident that what we can do is divert the 100 CFS.
We think it's a low number, but we're not going to guarantee or
comment on any more than that.
COMMISSIONER TAYLOR: Okay. Because with all of the
building in the east that is planned, stormwater and how we manage it
will become critical.
MR. McALPIN: Right.
COMMISSIONER TAYLOR: And so, you know, I don't know
that this plan addressed that. But you don't know what will dot is (sic).
I know FDOT has tried to --
MR. McALPIN: This is what we do know is that this plan has --
we have had 10 major studies over the past 20 years. Naples Swim
Plan; the Rookery Bay just modeled the system; we've South Florida
Water Management District, not just by Collier County, but by all the
agencies, says that there's a problem here, that we have to re-establish
the natural flows that we've got coming into this area or, you know,
we're going to continue to deteriorate that eastern corridor. That's what
we're trying to do.
Now, I don't -- so we have to look at what we've got right now
and how that works moving forward. We have to -- we have -- we will
work with the U.S. Army Corps of Engineers on the eastern corridor to
complement both these projects, ma'am.
COMMISSIONER TAYLOR: Okay. Just, as you go forward, if
you could interface with the development in the east so that -- or in the
-- is it the north -- in the north, excuse me -- with all the rural lands and
all the projected development in this area, you know, the buildout of
Collier County, stormwater is critical.
We just passed, in December, a 50-year plan of using stormwater
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as a commodity. You know, I didn't see it in this -- and this is not a
criticism. This is a wonderful plan, but I just think we need to
somehow integrate the concept, is this going to be something -- is this
area going to be something that we do, that will be hydrated even
more, and what's that going to do when we have buildout? And I don't
know the answer to that.
MR. McALPIN: That will all be part of the detailed design that
we do, Commissioner, that we would bring back to this board when it
is complete and have those discussions with this board.
COMMISSIONER TAYLOR: Okay.
MR. McALPIN: And most of the rehydration is going to be in
the Picayune Strand State Forest, which is public lands. So that's
where most of the rehydration is going to take place, in the big middle
section.
COMMISSIONER TAYLOR: Okay. And then, finally, the third
-- the amount of money, the 12 million and 6 million, is that it? No
more money from RESTORE, or is that just this year's?
MR. McALPIN: Well, that's it from Pots 1 and Pot 3.
COMMISSIONER TAYLOR: Okay.
MR. McALPIN: Pot 2 is the wild card. That's the one that has all
the money, and that's the one that is controlled by the five states. And
our gatekeeper for that is FDEP. FDEP likes our project, but they
won't guarantee anything at this point in time.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN FIALA: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes. Let me try to bring this
together for everybody's thought process relative to other things that
have gone on. I think this is a wonderful project. I support it 100
percent, you know.
And you've heard me pontificate a number of times saying that,
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much to everyone's chagrin, Florida is becoming a completely
managed system. This is just one effort that we're going to have to get
us back to where we are heading and where we need to go.
The Board and the staff and the Water Management District and
our other partners are going to have to further support us in the north
Golden Gate flow-way restoration project, which is a companion to
this. And if we're smart, we are going to get the support through our
Growth Management Plan updates to consider, once again, how do we
deal with the sending lands other than these in the rural fringe?
Hopefully, we'll have community support and staff support and
agency support and advocacy support for a low-density overlay over
and across the 100,000 acres that's Golden Gate Estates so that we can
reconsider dispersed water storage in that 100,000 acres in the
geographic center of our county.
And, of course, we're going to have to try to make sure that we
get the large percentage of lands protected from development in the
RLSA where most of this development will take place. If you start to
add all those efforts together and if you can somehow negotiate the
maze of agencies and permits and planning that you need to do to get
all those in concert, we have the tools before us to solve the problem.
You're not going to solve it just with this one, but together with all
these other efforts you're going to back into a more natural system,
which is what we need to do to begin with.
But it's going to be agonizingly slow. It's going to be just like the
long period of time that it took us to get in this much trouble. It's
going to take us that much time and a whole lot of money, too, to get
us out of the trouble.
So I hope everybody has just got their patient hat on and they're
determined to consider the same sorts of topics as we consider each of
these growth management plans and these other projects. So that will
take us to where weg o.
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September 27, 2016
Let's vote. I'm in favor of it.
CHAIRMAN FIALA: Well, Commissioner Henning, actually
half an hour ago, made a motion, but he's now not in the room
anymore.
COMMISSIONER TAYLOR: I'll second his motion, if the
motion's still on the floor.
CHAIRMAN FIALA: I don't even know what it even said
anymore.
COMMISSIONER HILLER: Motion to approve.
MR. CASALANGUIDA: The recommendation.
CHAIRMAN FIALA: Okay. And you seconded it.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay, fine. Oh, here he is. Okay. We're
just using your motion that you presented a while back.
All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Good. That's a 5-0. Thank you.
Let's move on.
Item #11C
AN UPDATE ON WORK COMPLETED TO DATE AND TO
SEEK BOARD APPROVAL TO PROCEED WITH PHASE II OF
THE ANALYSIS OF ESTABLISHING A STORMWATER
UTILITY - AN ALTERNATIVE USER FEE BASED FUNDING
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September 27, 2016
SOURCE FOR ONGOING AND FUTURE COLLIER COUNTY
STORMWATER MANAGEMENT RELATED INITIATIVES AND
OPERATIONS — MOTION TO APPROVE
RECOMMENDATIONS — APPROVED
MR. OCHS: Item 11C is a recommendation to accept an update
on work completed and to seek board approval to proceed with Phase
II of the analysis of establishing a stormwater utility. Mr. Wilkison will
present.
MR. WILKISON: Good morning, Commissioners. For the
record, David Wilkison, Growth Management Department Head.
I'd like to introduce the team that is supporting me in this item
today. We have our stormwater management team, Amy Patterson,
Jerry Kurtz, and Gino Santabarbara, and also with us today we have
our consultant on this particular project, Mr. Steve Lienhart, PE, from
the firm AMEC, Foster, Wheeler, excuse me.
And, you know, Commissioners, last year when we had our
integrated water management resources workshop, we first introduced
the concept of a stormwater utility to you. And, you know, it presents
a stable sustainable option to meet the funding needs of our stormwater
capital and operations budget plus something to fund our aging
infrastructure.
As you know, we talk about it all the time. We have a lot of
infrastructure here in Collier County that was built '50s, '60s for many
of our subdivisions here in town that is aging, and it is something that
-- it takes a tremendous amount of both operation and maintenance
monies, and in addition to that, it takes the money to rehabilitate it.
So we brought that up, discussed it very briefly, and we asked for
your direction to engage a consultant to do a feasibility study of a
stormwater utility. And, subsequently, we did that, and we worked
with the firm of AMEC, Foster, Wheeler. And we're here today really
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September 27, 2016
to give you an update on that feasibility study and, secondly, to ask for
your authorization to move forward with the second phase of the
analysis of a stormwater utility.
COMMISSIONER NANCE: Commissioner Henning, do you
have a question, sir, at this time?
COMMISSIONER HENNING: Yeah. What's going to happen
to the existing monies allocated to stormwater?
MR. WILKISON: Well, you can really -- and we do have a slide
that addresses that. You can -- you can phase it in and do a
combination of both General Fund funding -- you know, we have a --
we actually have a funding source now that is approved up to a certain
millage rate, and so you can do a combination of both and phase in or
you can go through the analysis of stormwater utility and make a
switch from General Fund on the actual utility.
COMMISSIONER HENNING: Okay. So the monies applied to
it is not going to go away? It's going to be either used for stormwater
or used for other things.
MR. OCHS: Commissioner, that's up to the Board, obviously.
COMMISSIONER HENNING: Yeah. Well, I mean --
MR. OCHS: You can reallocate it or you can eliminate it from
the budget or put it in reserves, whatever the Board would --
COMMISSIONER HENNING: Obviously, this is going to be
the new board, and I think it needs to be clear to them that monies are
already applied. It was a new tax going for stormwater, dedicated for
stormwater. So they need to make that -- they need to be aware of it so
that they can make that decision whether they're going to do away with
this, okay. How many millions is being applied now?
MR. OCHS: There's about four and a half.
COMMISSIONER HENNING: Each year?
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: Okay. And apply a new tax
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September 27, 2016
without getting rid of the old tax or keep it. That would be my
comment. It's just a -- well, I'm not going to say anymore.
COMMISSIONER TAYLOR: Why?
COMMISSIONER HENNING: What?
COMMISSIONER TAYLOR: I mean, we value your thoughts.
COMMISSIONER HENNING: Yeah, well, sometimes it's not
worth saying.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER NANCE: I'm going to turn the floor back
over to Chair Fiala, but before I do that I'm going to say, you know,
dedicated funding sources for infrastructure is going to be something
that the new board is definitely going to have to consider, because I do
not think the resources currently exist -- I'm sorry to say that -- to
accomplish some of the goals to expand, repair, and replace the
infrastructure that we have.
If you support the sorts of items that we just talked about in the
last item, it's going to take money to create the infrastructure to provide
the management that's needed to make those complicated restoration
efforts occur.
And I think it definitely -- we should definitely proceed with this
analysis for the new board. I'm going to support it as a citizen off of
this board because I feel like there's nothing much more important.
And everybody needs to be cognizant of the fact that all of the other
issues in the state of Florida that are taking place regarding water
quality and quantity issues are things that Collier County is going to
have to compete against.
There's a lot of attention being spent in the state of Florida to
Lake Okeechobee water issues, for example. That is to our north and
not in our basin. I certainly support what they're going to need to do
up there, but there's only so many federal dollars going to come for
water issues in the state of Florida, and I don't want Collier County to
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September 27, 2016
go without because the emotion is driving all the dollars to some other
cause that I don't think is, frankly, any more important.
If we don't focus on what we've got here, we can certainly
struggle with the same sorts of water quality and quantity issues here.
We're not immune from that. We might not be on the front page of the
paper yet, but we need to do whatever we've got to do to not have that
occur.
So I certainly think this is thoughtful, I think it's timely, and I'm
going to make a motion to approve the recommendation.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: I have a motion on the floor and a second.
I have no other speakers.
Any further comments?
(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?
(No response.)
CHAIRMAN FIALA: Okay.
MR. WILKISON: Thank you, Commissioners.
CHAIRMAN FIALA: Now we move onto what, 11E?
Item #11E
THE ANNUAL PERFORMANCE APPRAISAL FOR THE
COUNTY MANAGER — APPROVED
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September 27, 2016
Item #11F
EXTENDING THE COUNTY MANAGER EMPLOYMENT
AGREEMENT WITH LEO E. OCHS, JR., FIXING THE END
DATE OF THE THIRD EXTENSION TERM AS SEPTEMBER 30,
2019 — APPROVED
MR. OCHS: Yes, Madam Chair.
Item 11E is a recommendation to complete the annual
performance appraisal for the County Manager.
Commissioners, the employment agreement between the Board
and the County Manager requires that the Board conduct an annual
review of the manager each September. Consistent with that guidance,
the Board has been kind enough to complete their individual annual
appraisals.
I've had an opportunity to speak to each one of you about that and
appreciate your continuing feedback and constructive criticisms. And
based on the overall grading, which is a three-point scale of 1-3, when
you average all of the grades of the individual evaluations, the overall
average grade for this last 12-month period is 2.62 on a three-point
scale. I think that --
COMMISSIONER HENNING: Wow.
MR. OCHS: I appreciate the support of the Board. I think we've
had a good year again as an organization. We continue to, in my view,
effectively implement board policy. We've delivered high-quality,
cost-effective services to your constituents based on the
level-of-service standards that this board has directed, and I think we
continue to act as good stewards of the taxpayers' money.
And with that, I would ask the Board to accept the evaluation, and
that would complete the process for the annual performance appraisal.
One last thing that I should point out, as I have over the last seven
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September 27, 2016
years, I am voluntarily foregoing any consideration of a merit payment
based on performance despite the requirement in the contract, and I do
that continually until such time as our budget will allow us to offer that
merit pay for performance option to our entire workforce.
Any questions? I'm happy to respond.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: County Manager Ochs, I can't
imagine how awkward it might feel for you to sit there and talk about
yourself but, you know, I think that -- I don't know how else we do it.
I sat here and thought, well, I guess our chairman could do it or
whatever, but, you know, I think it speaks well, the evaluation of you
by this board.
And, you know, going forward -- you know, I think you reminded
me very much in your last remarks about how difficult a time it's been
and challenging a time it's been to manage a workforce of
hard-working people, some of which had to be let go over a great
period of time. And I think you've done a very good job.
MR. OCHS: Thank you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. Like -- I sent a message
to Leo, and I said, you know, this is one of the most difficult things
that I do every year is the annual meeting, annual evaluation, and I'm
glad I don't have to do it again.
But with that said, it's been a real pleasure working with the
County Manager and his agency on how to make things happen, to
accommodate to get things done for the citizens and visitors in our
community.
So I'm going to make a motion to accept the evaluation and also
the contract amendment.
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second.
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September 27, 2016
Commissioner Nance?
COMMISSIONER NANCE: Yeah. I just want to make a couple
of comments.
You know, Mr. Ochs as County Manager -- and the County
Manager's position is really the operations branch of the government.
He's the guy that, after all the policy is there and the budget is in place,
you know, he has to wrangle together the staff to make the doughnuts.
It's not an easy job. Under the best of circumstances, it's not an easy
job. Under the worst of circumstances, it's a pretty awful job. It really
is. I've been there.
I've worked for companies in good times and bad times, and I can
tell you I have a tremendous amount of respect for the county staff
that's got to get the job done, and they do a great job day in, day out.
Not only that, they do it with a smile on their face, and this guy is a
classic example of somebody that can go out when the beads of sweat
are on his head, put a smile on his face, and go out in public and
represent the county government. And I take my hat off to him.
I know there are days when he's had to go in -- and my dad
always said, you know, when you get the worst of circumstances and
everybody's at each other's throat and arguing, if everybody's a little
mad at you, you probably found the right way to do it, and this is the
sort of job that this guy does very well.
So I certainly support the motion and thank him for his service
and thank all the staff that works with him that make him look pretty
good from time to time.
MR. OCHS: Yes, sir. Thank you very much.
CHAIRMAN FIALA: Well, I'll just join in then, as I call for the
motion, and say, you've led us to success. We are comfortably sitting
now financially. Our team has increased enough to try and handle all
the business that's coming in that sometimes is overwhelming. And
you do it with a smile on your face, so it was -- it was a good year.
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September 27, 2016
MR. OCHS: Thank you.
CHAIRMAN FIALA: And with that, I call the question. 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: Very good.
MR. OCHS: Thank you.
CHAIRMAN FIALA: And now we go on to F, which is...
MR. OCHS: Madam Chair --
COMMISSIONER HILLER: That was done. The motion was
for both.
MR. OCHS: I think Commissioner Henning's motion included
both items.
CHAIRMAN FIALA: Oh, good; oh, good. Then we don't even
have to do that.
COMMISSIONER HENNING: Yes.
CHAIRMAN FIALA: Good. Moving on. Okay.
MR. OCHS: Yes, ma'am. That will take us to Item 11G.
COMMISSIONER HENNING: And I'm not going to need you
after November.
CHAIRMAN FIALA: What did he say?
COMMISSIONER TAYLOR: What did you say?
COMMISSIONER HENNING: I'm not going to need him after
November.
Item #11G
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September 27, 2016
THE PURCHASE AND INSTALLATION OF LED SPORTS
LIGHTING FROM MUSCO LIGHTING, INC. AT GOLDEN
GATE COMMUNITY PARK IN THE TOTAL AMOUNT OF
$520,000, AND; WAIVE COMPETITION FOR THIS SINGLE
SOURCE VENDOR, PROJECT NO. 80319 - MOTION TO
APPROVE STAFF RECOMMENDATIONS — APPROVED
MR. OCHS: 11G is an item that was moved from your consent
agenda to your regular agenda. It was previously Item 16D1. This is a
recommendation to approve the purchase and installation of LED
sports lighting from Musco Lighting at the Golden Gate Community
Park in the total amount of$520,000, waive the competition for the
single-source vendor. And Mr. Barry Williams, your Parks and
Recreation Division Director, will present. Barry?
MR. WILLIAMS: Barry Williams, Parks and Recreation
Director.
Madam Chair and Commissioners, certainly if there's a question I
can answer, I'm happy to do that, so...
COMMISSIONER TAYLOR: Well, I just don't understand why
we're not going out to bid.
MR. WILLIAMS: Okay.
COMMISSIONER TAYLOR: You know, it's not one light
you're replacing. It's the entire field lights.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER TAYLOR: And this particular vendor has a
trail of history behind where other communities have questioned what
they're doing. So I think it's incumbent upon us to go out to bid when
we're talking about a much larger project than one light, because this
vendor is single source, and that limits what you can do going in the
future. It's kind of like the elephant. You know, you get his nose in
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September 27, 2016
the tent, or whatever that sentence is.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER TAYLOR: You know, we go down this
slippery slope and there we are. So I think it's incumbent. Now, they
may come in the best price, and that way, great, but we need to go out
to bid.
MR. WILLIAMS: Ma'am, if I may,just to explain why we did it
this way and just in terms of the situation at Golden Gate Community
Park. At Golden Gate Community Park you have four athletic fields.
You have a softball field, or two softball fields, a baseball field, and a
Little League field. You also have a soccer field, so there's five
athletic fields that we have there.
The system that we use in all of those lights there are Musco
lights. They were installed, you know, when the park was first created.
So we had this windstorm event that occurred last January, and
part of that system involves a remote control system where we are able
to control the lights. And it used to be, you know, in the park system,
back 30 years ago, you would have to go -- you know, when the kids
played, you would have to go turn on the lights manually, and then
after the kids were through playing, you'd have to turn them off.
So this system that we installed associated with the Musco
lighting allows us to use our smart phone to program the lights to come
on and turn off when they need to. So that system is a controlling
system that's part of what we have at Golden Gate Community Park.
We can go out to bid, but the system that we have is not
compatible with another vendor, so that was part of our rationale.
What we want to do is replace the lights, the Musco lights that we
had there with similar product so that it's consistent with the
technology that we have.
We did seek out a Clay County contract. Clay County had
competitively bid and awarded to Musco for this service, so the pricing
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September 27, 2016
is based on that. We think it's a fair price. We looked at some
comparisons with other light projects in terms of the cost per pole.
Ours is a little bit higher. One of the considerations there is part of this
job involves, you know, these poles -- these light poles that we have
are 25 years old, so we need to demolish those, take them down, and so
that's a cost associated with the project.
You could competitively bid this. You could get a different
vendor in, but then part of what you'll have to do is to change that
Musca -- or that proprietary system that remotely controls the lights.
So that's the disadvantage in going down that road.
But we're here to follow direction of the Board. We -- you know,
from staffs perspective, this is, you know, the recommendation that
we're making.
CHAIRMAN FIALA: Barry, I need to call on Commissioner
Henning, but as you were explaining that, does that mean, then, we'd
have to replace things, so it would cost us even more money; is that
what you're saying?
MR. WILLIAMS: Well, I think you would want to maintain that
technology of remotely turning on the lights. I can't tell you how much
time and effort that saves, you know, in terms of staff time. So you
would definitely, if-- if you got another vendor in there, you would
want to change that system, you know, to keep that, so it would cost
more money, yes, ma'am.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: So the poles are coming -- being
replaced?
MR. WILLIAMS: Yes, sir. That was part of the issue that we
investigated. We had an engineer to look at the integrity of those
poles. Again, the park is about -- those lights are about 25 years old,
so they met their useful life. They had some cracking that was a
concern.
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September 27, 2016
The lights themselves on the poles are also 25 years old, so the
decision was to -- because of the integrity of the poles, pull those poles
down, put new poles up and also install the new LED lighting. Again,
with energy savings from that.
COMMISSIONER HENNING: So we're replacing the lights that
had been -- that were damaged by the storm?
MR. WILLIAMS: Yes, sir.
COMMISSIONER HENNING: So the whole thing?
MR. WILLIAMS: The lights -- yes, sir.
COMMISSIONER HENNING: You know, you don't need to use
a certain brand to turn a light on and off remotely. You don't.
MR. WILLIAMS: Well, you have a system in place that does
that. It cost us about $50,000. If you change the lights to a different
manufacturer, you're going to have to change that system.
COMMISSIONER HENNING: No, I don't agree with that at all.
Where's the -- where's the engineer's comments on that? That's -- I
mean, that's --
MR. WILLIAMS: Well, let me further explain this system.
COMMISSIONER HENNING: You can't sell me on that one.
I'm going to go with Commissioner Taylor that you don't know what
you're getting until --
COMMISSIONER TAYLOR: Yeah, you bid.
COMMISSIONER HENNING: -- you go out to bid, and --
MR. WILLIAMS: Commissioner Henning, if I could just explain
this system. This system will not work with any other system. It's --
the Musco -- the system is connected to Musco, their organization. So
they can tell us when a light burns out in our system based on this.
COMMISSIONER HENNING: You mean they're controlling it?
MR. WILLIAMS: They have the ability to control it. We have
the ability to control it. The system is not compatible with any other
lighting system. If we get a different vendor in there, we're going to
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September 27, 2016
have to get a different remote control system is what I'm telling you.
COMMISSIONER HENNING: Well, I know what you're telling
me. I can't believe it; I'm sorry.
MR. WILLIAMS: I understand. I'm just -- I understand.
COMMISSIONER HENNING: Have you worked with an
engineer to produce this bid?
MR. WILLIAMS: We worked through our Facilities
Management Division, yes, sir.
COMMISSIONER HENNING: Uh-huh, okay.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes, thank you. You know,
companies that provide advanced systems of all kinds are not foolish.
They know that when they build and invest in proprietary technology
and systems, that it gives them an advantage once they are the
incumbent supplier of goods and services.
We went through a whole evaluation of that when we looked at
our 800 megahertz radio system where we had a competition between
Motorola and Harris, okay. That is integral to a lot of these systems.
This should not be shocking to anybody. They do that on
purpose. And what we're going to find going forward in this county
with IT, with LED light systems, with energy-saving systems of all
sorts. The closer you get to cutting technology, the more you're going
to find these companies offering proprietary things to you. That comes
with a cost.
I have no problem with selecting, with having staff make a
recommendation to the Board and coming forward with items of this
nature. I know that the new board is going to -- is going to have many
more of them than this board has had to consider; however, I will tell
you that I hope that what purchasing does is purchasing takes those
issues where you have an element where staff is making the
recommendation based on best product or best service and simply
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September 27, 2016
brings it to their board on a full-blown agenda item and let the Board
make that decision, because I think you're going to increasingly have a
circumstance where you're not going to have two companies that are
going to offer comparable systems that you can honestly bid one
against another.
I think you're going to have bad information, and I don't think
you're going to -- you know, ultimately, somebody's going to have to
dig into the nuts and bolts on it, figure out what's the best value for
Collier County, and bring it forward with a staff recommendation. I
don't think a bid process in a dollar number is necessarily going to
describe it.
It certainly did with the radio system. I know we went through
that for meeting after meeting after meeting.
So I would ask you just to do that, and I think it will give -- when
you do that and you lay it all out before the Board, I think it will give it
some comfort to the Clerk's Office, and I think it will also take
pressure off of staff. I don't think it belongs to the consent agenda.
But, you know, at the same time, I respect staffs evaluation and, you
know, I just think they should bring it to the Board for a decision.
CHAIRMAN FIALA: So did you want to make a motion then?
COMMISSIONER NANCE: I'm going to make a motion to
approve the item based on staffs recommendation.
CHAIRMAN FIALA: Okay. Do I hear a second?
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay. I hear a second.
No further comments?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
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September 27, 2016
CHAIRMAN FIALA: Opposed?
COMMISSIONER TAYLOR: Opposed.
COMMISSIONER HENNING: Opposed.
CHAIRMAN FIALA: Okay, 3-2.
MR. WILLIAMS: Commissioners, thank you.
Item #12A
THE ANNUAL PERFORMANCE APPRAISAL FOR THE
COUNTY ATTORNEY — APPROVED
Item #12B
EXTENDING THE COUNTY ATTORNEY EMPLOYMENT
AGREEMENT TO SEPTEMBER 30, 2019 - APPROVED
MR. OCHS: Madam Chair, that takes us to Item 12A, County
Attorney's report: Annual performance appraisal for the County
Attorney.
MR. KLATZKOW: Commissioners, this is awkward.
I'd like to thank you for the feedback you gave me on the
performance evaluations. It was very kind. And I'd like to especially
thank my staff. I mean, I've got a staff that really cares about what
they do and works hard. And you don't see a lot of these people. A lot
of these people, the paralegals and the assistant county attorneys, and
they go unrecognized in a lot of cases, and they really do very good
work, and they work very hard, and they're very diligent. And I'm
most proud of what I've done here because of the people that I have.
And I just wanted to thank them and thank the County Manager
because his people have been very easy to work with all these years,
very responsive, and it makes my job much easier. And I'm here for
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September 27, 2016
any questions.
CHAIRMAN FIALA: Any comments from anybody?
(No response.)
CHAIRMAN FIALA: Well, you've had a tough year, a lot of
things to deal with. I think you've worked hard, and I think you
deserved a very good performance rating. Oh, I've got a couple
comments. I don't know who's first.
COMMISSIONER TAYLOR: It was really a tie this time.
COMMISSIONER NANCE: It goes to the lady then.
COMMISSIONER TAYLOR: All right, all right.
Do we know what your average scores -- did you figure that out?
MR. KLATZKOW: It was 2.7. It's in the backup.
COMMISSIONER TAYLOR: Okay. Thank you. I have
enjoyed working with you, Mr. Klatzkow. I think your -- you keep the
law at the forefront. This is a very difficult job you and the County
Manager have. To keep five people -- happy is not the word --
satisfied and at least feel that you're doing your job, and I think you
have done your job very well.
You are direct, and you speak what you believe is accurate no
matter where it falls, and I can't tell you how much I respect and
appreciate that from you.
MR. KLATZKOW: Thank you.
COMMISSIONER TAYLOR: You're welcome.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes. I think the County Manager's
(sic) Office performance and statistics as presented by Mr. Klatzkow
speaks for itself. The one added thing that I would like to say -- and I
tried to do that in my comments to him -- was that I very -- I had an
opportunity to work with him as a designee from the Board on a
couple of very, very difficult negotiations and items, and I found that
the County Manager was very, very intuitive.
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September 27, 2016
COMMISSIONER TAYLOR: Attorney?
COMMISSIONER NANCE: Excuse me -- the County Attorney
was very, very intuitive. He was on point. He was very, very skilled
at reaching accommodations, sometimes under the very worst
circumstances, and I just think Mr. Klatzkow's demeanor and skills are
very, very well suited to public administration.
So I think the county has a great asset in him, and I gave him very
high marks because of that.
CHAIRMAN FIALA: Do I have a motion? Yes, Commissioner
Henning. Oh, I'm sorry.
COMMISSIONER HENNING: Madam Chair, I move that we
accept 12A and approve 12B.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second.
COMMISSIONER HENNING: And with that, I had a
conversation with the County Attorney on both these is, you know,
where are we doing this, why are we giving an extension outside of
what the contract already provides, which is two-year, and then a
three-year, and his explanation was, well, you don't want to have a
contract that doesn't allow you enough time if the Board wants to seek
other, like a county manager or county attorney. You want to give that
-- you know, that window, so yeah, you don't have that -- you don't
lose that continuity changing over and stuff like that.
CHAIRMAN FIALA: That makes sense.
COMMISSIONER HENNING: So I felt very comfortable with
that, and that's why I made a motion on the other one also.
CHAIRMAN FIALA: Great. So I do have a motion and a
second. Any further conversation on this subject?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
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September 27, 2016
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
MR. OCHS: Madam Chair, that takes us --
MR. KLATZKOW: Thank you, Commissioners.
Item #14A
EXECUTING CONTRACT NO. 16-6561 "DESIGN SERVICES
FOR MARCO EXECUTIVE AIRPORT TERMINAL" IN THE
NOT-TO-EXCEED AMOUNT OF $1,209,298 TO ATKINS
NORTH AMERICA — APPROVED
MR. OCHS: That takes us to Item 14A under airport authority.
This is a recommendation to approve and authorize the chairman to
execute a contract for design services for the Marco Executive Airport
Terminal Expansion in an amount not to exceed $1,209,298 to Atkins
North America. And Mr. Wilkison can either make a presentation or --
CHAIRMAN FIALA: Motion to approve.
COMMISSIONER NANCE: Second.
MR. OCHS: This is our FAA funding.
CHAIRMAN FIALA: Yep, great. Great presentation, David.
COMMISSIONER NANCE: Good-news item.
MR. WILKISON: Thank you.
CHAIRMAN FIALA: Yeah. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
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September 27, 2016
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
MR. WILKISON: Thank you, Commissioner.
CHAIRMAN FIALA: We can probably get the rest of the
meeting done right now.
Item #9A
ORDINANCE 2016-29: VINCENT ACRES RPUD, PUDZ-
PL20150001945-AN ORDINANCE AMENDING ORDINANCE
NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM A
RESIDENTIAL MULTI-FAMILY-12 DISTRICT (RMF-12 (10))
ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE VINCENT ACRES RPUD,
TO ALLOW CONSTRUCTION OF A MAXIMUM OF 85 SINGLE-
FAMILY RESIDENTIAL DWELLING UNITS OR 118
TOWNHOUSE RESIDENTIAL DWELLING UNITS ON
PROPERTY LOCATED WEST OF COLLIER BOULEVARD AT
THE SOUTHWEST CORNER OF DAVIS BOULEVARD AND
MARKET STREET IN SECTION 3, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 16.8 +/- ACRES; PROVIDING FOR PARTIAL REPEAL OF
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September 27, 2016
ORDINANCE NO. 93-73; AND BY PROVIDING AN EFFECTIVE
DATE [PUDZ-PL20150001945] — ADOPTED
MR. OCHS: Well, Commissioner, that would take us to your
land use item, which is Item 9A. It was previously Item 17B on your
summary agenda. This item requires ex parte disclosure be provided
by commission members. And this is a recommendation to approve
the Vincent Acres RPUD rezone.
And also disclosure, if it hasn't already been given by the board
members. I think most of you during the setting of the agenda, but that
would be in order at this time as well.
CHAIRMAN FIALA: Okay, fine. Do you want to swear in our
speakers?
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FIALA: Okay. And for disclosure, we can start
with -- oh, Commissioner Henning, you already declared, didn't you?
COMMISSIONER HENNING: I did.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: I did, too.
CHAIRMAN FIALA: Okay. Commissioner Taylor?
COMMISSIONER TAYLOR: And I did.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: It's unanimous.
CHAIRMAN FIALA: Okay. And I had spoken to a lot of
people, but I don't think I mentioned them, so let me do that now, and
that is I had -- I attended a neighborhood information meeting; I spoke
with a number of neighboring community people; I also spoke to
Patrick Vanasse, Nick Kouloheras, and the Hearing Examiner and
some members of the Planning Commission.
Okay. Now, I pulled this off, so rather than going through a long
presentation, let me just tell you why, and we can get right down to the
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crux of this thing.
And I had a lot of questions, and that was what it was. I met with
Nick Kouloheras and Patrick Vanasse, but I hadn't seen all of the
backup material or anything when I met with them. And when I went
through it, I found there were a bunch of questions I had here.
And so I thought, well -- this was at 11:30 last night, so I didn't
bother to call anybody. I just thought I better pull it off or just talk to
somebody about it.
So first thing I wanted to know is, I see that one of the deviations,
you wanted to eliminate sidewalks on one side of the street, right?
MR. VANASSE: For the record, Patrick Vanasse with RWA.
We are asking for deviation for an alternative sidewalk plan. So
in the end we feel we have a much better network of sidewalks
throughout the entire community.
We have a ring that goes through -- on the outside of the
community, and the side where we have no homes that interconnect,
we're asking for a deviation to not provide those, and what we're doing
is we're providing more sidewalk internal to the project. I've got an
exhibit for that.
CHAIRMAN FIALA: Let me just ask you if I understood what
you just said. I understood that there will be sidewalks on all parts of
the roads that have homes, and where there aren't any homes, like in a
preserve, that's the only sidewalk eliminated; is that what you really
said?
MR. VANASSE: Not with regards to preserve. If you look at the
exhibit that's on the TV here, the dark gray illustrates all our sidewalks.
So the "R" tracts are identified; those are all residential.
So what the network does is it interconnects all the homes with
sidewalks, and it provides connection to all the green spaces that we
have. We have a network of green spaces throughout the entire project
in the middle and connecting all the way through to the lake, and even
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September 27, 2016
right by the lake we have a recreational area tract for a small park and
a bulk-headed area where people can have access to that lake, and we
even provide a pathway all the way around the lake for everybody.
CHAIRMAN FIALA: Okay. Now, so in that center section there
where you have the cul-de-sac and then you have homes along the
middle but isn't a sidewalk on either side of that, is that what you were
eliminating?
MR. VANASSE: There are no homes here. This is --
CHAIRMAN FIALA: You had said RA is residential.
MR. VANASSE: RA is recreational area.
CHAIRMAN FIALA: Oh, okay.
MR. VANASSE: So the middle area here is going to be a central
green. This is also going to be green space and green space over here.
We are eliminating the sidewalk that would be on the outside of the
roadway, simply. And we are adding additional sidewalks and
interconnections throughout. We think that it provides a better
network. It brings people internal to the project. It creates it where the
focal point are those green spaces where you're going to have social
interaction. Also we think it's a way to bring the pedestrians internal to
the project where the speeds will be slower than on the outside
perimeter. So we think it's also a safer design.
CHAIRMAN FIALA: Of course, and it's a way to save money
by not putting in any sidewalks, too.
So I just -- I haven't seen this program in action, so -- okay. Now
you've answered my question. I'll just keep a watch and see if it
actually benefits the community like you say it will.
Okay. The next question is, how much do these places sell for?
MR. VANASSE: I'll let Nick Kouloheras answer that question.
MR. KOULOHERAS: Good -- well, it's almost afternoon. Good
afternoon. Nick Kouloheras with Habitat for Humanity. The Habitat
for Humanity homes in Vincent Acres, what will happen is at the time,
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well, right before occupancy, Habitat will go out and seek a third-party
appraisal, and they will sell for whatever fair market value on that
appraisal is.
CHAIRMAN FIALA: It mentioned $200,000 in the backup. Is
that --
MR. KOULOHERAS: Correct. That was -- in the NIM, that was
just an example given; someone had asked the same question. And,
you know, I can't -- at the NIM that was just the example I gave. I
said, well, if it's 200 -- because they were trying to ask about
affordability as well, and so that's how I broke down that example of
200,000, then 150,000.
CHAIRMAN FIALA: Well, in the last community that you built,
how much did they sell for there?
MR. KOULOHERAS: The one we are currently building right
now on Immokalee Road and Collier Boulevard is 195,000 -- 194-.
CHAIRMAN FIALA: Well, yeah, but that's going to be a
different quality than this, right?
MR. KOULOHERAS: In what way? This is a two-story.
CHAIRMAN FIALA: Well, I know you said you were going to
do a little bit more upscale, right?
MR. KOULOHERAS: Yeah. So this community right now is a
front porch neighborhood design. It is a single-family two-story
building, which will be the first for Habitat. And the idea here is that
you're going to come down a boulevard-type look, if you will, in the
center and around the perimeter, and you will have a much more urban
feel to it; mature trees, landscape tree program that will help just with
that community feel and that just -- I don't really have any better way
to put it just than a front porch neighborhood. The design of the homes
have porches, some both downstairs and upstairs, just to create a really
neat design.
We're also taking over 100 percent maintenance of the lots, the
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home -- single-family home property as well as the common area.
CHAIRMAN FIALA: Are you sure you're going to do that,
because that was another question I had where it said we were hoping
to, but you didn't know. You might just turn it over to the families,
so...
MR. KOULOHERAS: Well, right now all the --
CHAIRMAN FIALA: But you put it on record that you're
definitely going to do that.
MR. KOULOHERAS: Well, the tricky part about that is that
there is a number of costs associated that we're not positive of yet
because we don't have -- we're in ERP permitting, and we don't have
all of our data but, however, right now it is certainly our intention to
maintain all of the common space. And if you look at the site plan,
because the lot size shrinks, the majority of the property now is now
common space to the HOA.
CHAIRMAN FIALA: So common space doesn't mean the
people's front yards. It only means the recreational area.
MR. KOULOHERAS: No. It means recreational area or it
means the entire primary berm, and it means -- it really means
anything within the Collier County right-of-way width.
CHAIRMAN FIALA: Okay. But not the people's yards?
MR. KOULOHERAS: It is our intention to maintain the people's
yards right now. That is what we plan on doing.
CHAIRMAN FIALA: So we have a couple intentional things,
but we need to keep track of that. And I would ask staff to get back to
me and let me know what they actually end up doing so we know what
-- you know, how your intentions move along.
MR. KOULOHERAS: As soon as our other permitting wraps up,
which will hopefully be within the next 12 to 14 months -- and I'd be
happy to keep you right in the loop on that. But like I said, we're doing
it right now in our community in North Naples that we're building.
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We're budgeting for it. We're budgeting the HOA for it. We're
looking -- doing a lot of hard negotiating with contractors to make sure
we get the best product.
CHAIRMAN FIALA: But you said that you couldn't build this
along the same -- the same criteria that you're going to do in that one.
You had told me that. Not recently. You told me that a few months
back when we were talking about it and what you were going to add
there and what this was going to be.
MR. KOULOHERAS: Well, this -- certainly, we want this to be
the flagship. You know, this is -- you're going to see this right as you
get off Exit 101 and, obviously, we want people to be proud of what
they see. And so we're going to do everything possible to make it as
best as we can.
CHAIRMAN FIALA: Are you going to build single-family
homes or duplexes?
MR. KOULOHERAS: Our intention right now, the plat that's
under review by staff, is 79 single-family detached homes.
CHAIRMAN FIALA: Okay. So -- but you didn't really tell me
again you're definitely going to do that. So many times they say we'll
never buy another place in Trail Acres again, and they go back and buy
many, many, many more. So what is really -- what are you going to
do, not your intention?
MR. KOULOHERAS: Well, I can tell you right now we have
spent the better part of three years and about $300,000 with that as
being our intention, a single-family community. That being said, back
to the permitting process. There are certain things within the ERP
permit, such as U.S. Fish and Wildlife concerns that we haven't heard
back from that agency yet, and so where I would like to reserve the
right, there's -- obviously there's an economy of scale, especially for
affordable -- workforce housing.
And if we need to increase that and create some type of product
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mix between an attached villa and a single-family to make that scale
work, then we'd like to leave that right open.
CHAIRMAN FIALA: Well, we've seen that duplexes do not
work well. I'm sure that you know that we've all been aware of that,
too. And being that you're building most your stock in East Naples,
we'd like it to be of a quality that isn't -- that doesn't repeat the past.
That's why I'm asking you these things.
MR. KOULOHERAS: Certainly.
CHAIRMAN FIALA: When I see that the lot width is 1,100
square feet for a whole lot up to 1,680 square feet, heck, the inside of
my house is only 1,779 and I don't have a whole house and a garage
and a driveway in there. It's going to be kind of hard to fit something
in that teeny little lot.
MR. KOULOHERAS: Well, with our single-family -- I'll let
Patrick probably answer more of the details. But with our
single-family home, the standard lot would be just over 2,000 square
feet.
CHAIRMAN FIALA: It doesn't say that anyplace in there.
MR. KOULOHERAS: The standard lot dimension on our plat, if
I'm not mistaken, is 33 by 62, which --
CHAIRMAN FIALA: Sixteen hundred and eighty, it says, and
1,100 it says. And what's the difference between a townhouse and a
duplex?
MR. KOULOHERAS: That's a
ood question.
g
MR. VANASSE: I'll try to address these one by one.
With regards to single-family, our minimum lot area is 1,680
square feet, okay. The difference between -- the question was between
the townhomes or the single-family attached, correct?
CHAIRMAN FIALA: No, townhouse versus duplex.
MR. VANASSE: Duplex would be two units on one lot; whereas
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September 27, 2016
CHAIRMAN FIALA: Right. Is that a townhouse?
MR. VANASSE: -- townhomes are more three units or more
together.
CHAIRMAN FIALA: So it doesn't say -- in this particular piece
of paper that you're showing us, there aren't any duplexes in here.
MR. VANASSE: No, we are not asking for duplex. We were
asking for single-family attached as one of the various type --
CHAIRMAN FIALA: The single-family attached?
MR. VANASSE: Yes. The difference --
CHAIRMAN FIALA: What's the difference between a duplex
and a single --
MR. VANASSE: The difference is two homes on two separate
lots but linked with one wall.
CHAIRMAN FIALA: I see. Okay. And the lots are -- the width
is 28 feet wide?
MR. VANASSE: Minimum 28 feet. Currently, we have an
application that is being reviewed by staff for the PPL, the plat, and
I've got the plan here with me. And the typical lot is 33 feet in that
application.
CHAIRMAN FIALA: Well, it doesn't say anything about that in
here within our paperwork or nor on your here (sic). So now you're
saying the typical lot is not what you mention on this piece of paper,
28 feet or 18 feet wide, but 33 feet typical lot?
MR. VANASSE: Understood, but this is a zoning document. We
need to create a little flexibility. So if we have an awkward-shaped lot
which might not meet standards, we need that flexibility. But currently
the plat is with the county. It's part of public record. I have a copy
here of a typical lot that I can show you. And the typical lot is 33 feet
wide by 62 feet deep.
CHAIRMAN FIALA: Okay. Where is the typical lot, please? I
mean, is it in this project? Being that you haven't mentioned it in any
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of the backup material.
MR. VANASSE: It's part of the application that we have for our
plat that is currently under review. So it's --
CHAIRMAN FIALA: Your plan for this one?
MR. VANASSE: It's separate from this zoning case. So
concurrent -- concurrent to our rezone, we also have a plat application
that is being reviewed by the county.
CHAIRMAN FIALA: For this same piece of property?
MR. VANASSE: For this same project.
CHAIRMAN FIALA: I'm having a lot of trouble there. It seems
we're dancing around here a little bit.
Right now in this thing it says lot width is 28, but you're saying,
no, it's going to be 33?
MR. VANASSE: The minimum lot width we want to retain at 28
to keep that flexibility, again, if we have an odd-shaped lot; however,
our typical lots that are on the plat and designed already are at 33 feet.
CHAIRMAN FIALA: Okay. Then you've mentioned 18 feet is a
lot width here.
MR. VANASSE: That would be for a townhouse. So that would
be for an internal unit that shares a wall on each side. That would be
the width of the unit, 18 feet.
CHAIRMAN FIALA: Okay. So say, for instance, your lot is 18
feet wide, which isn't very wide. How wide are the walls? I mean, the
ends of your house. I don't know what to call them other than -- you
know, if the lot is 18 feet, then if you walk from one side of the house
to the other, how many feet is that?
MR. VANASSE: It would probably be around 16 feet or so, I
would imagine.
COMMISSIONER HILLER: Because they're all attached.
CHAIRMAN FIALA: Well, yeah, I understand that, but I'm
talking about 16 feet.
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September 27, 2016
MR. VANASSE: And just to reiterate --
CHAIRMAN FIALA: I just want to get an idea of what you're
building there, because -- because we have to live with what you do to
us, so we want to know what it is you are doing.
COMMISSIONER HILLER: I mean, 16 feet is very narrow.
MR. VANASSE: If I may reiterate what Mr. Koulorheras said.
The intent is fully to build single-family detached homes. We are still
going through the environmental resource permit process. That opens
it up to multiple agencies looking at that project. Barring any kind of
unexpected response from those agencies, we're definitely moving
forward with single-family. If they were to throw a curveball at us and
we were going to lose some developable area on the site, obviously we
want to retain the right to maybe use a different product, like
townhomes, to have just some semblance of density that makes the
project feasible.
CHAIRMAN FIALA: Okay. So most of the things are not
definite at all that you're telling me. And so after the fact, if we
approve this, and then you say, well, we weren't sure, everything was
intentional or we plan to, but then it doesn't come out that way,
whatever it comes out to be, we have no say in it anymore. It's going
to be what the people have to live with, right?
MR. VANASSE: Well, I think every time you approve a PUD
and there's multiple options, there's nothing guaranteed. What we can
tell you is that we are much further down the line than most projects
that come before you. We are going through the plat review. We have
an ERP that is in progress, and all that is available. It's public record.
And everything looks very positive at this point that we will be able to
build exactly what we intend on building.
But, again, I can't provide a guarantee until we get the signed-off
permits from those agencies.
CHAIRMAN FIALA: Could we wait to approve this, then, till
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you get that so that we have a more definite plan? Is that what you're
really telling me? Maybe that would be the better way because then
we know what we're dealing with?
MR. VANASSE: Well, my understanding is that's not consistent
with due process and that we have certain rights, like any other
applicant, to get our PUD heard, and --
CHAIRMAN FIALA: But we're hearing it.
MR. VANASSE: -- it's not a requirement of a PUD to have all
those permits in place.
CHAIRMAN FIALA: Well, I just -- I'm just a little bit nervous
because you tell us what you'd like to do, and the picture is beautiful. I
mean, it's small but nice. But then after the fact if it's all changed, then
you say, well, it wasn't -- you know, we didn't say positively, and I
worry about that.
You know, we've had -- I don't want to say too much on the
record, but I'm trying to assure that we don't have some of the same
problems that we have in the other places, and I hope you understand
that.
Is this going to be the same quality as the ones you're building in
the North Naples little community there?
MR. VANASSE: I'll let Nick touch upon that, but what I can tell
you is right now the -- we're trying to do something very different here
for this project. We've heard the concerns, and Habitat for Humanity
came to us with a list of requirements, and as part of that list of
requirements was to really heighten the quality of the project and try
something that was innovative and address some of those concerns.
So if I may, just a few things that we did is this project is
single-family rather than two-family attached. What we're doing also
is we're making the homes alley-loaded, meaning that the parking is
going to be in the rear, and the intent, again, is to have nicer facades to
the homes, nicer aesthetics along the roadways. The cars will be in the
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back of the homes.
Other things that we were told is there's concerns about the
maintenance of the landscaping. So what we did is we proposed an
alternative street tree program. So a lot of the landscaping will be
within the public right-of-way. It will provide shade to the streets and
the sidewalks, and also it will be maintained by the HOA. So -- and
that will be in perpetuity, so that's a great benefit, the way we see it,
also.
One of the things, just the alternative sidewalk program, also, we
think is a benefit from the standpoint of interconnecting all the green
spaces that we provide and the homes and creating a more social
environment. And then also with the design is we needed some water
management. And instead of doing the typical water management lake
right in the middle of the project and having a few homes back up to
that lake where it's a great amenity for those homes but not for
everybody else, what we're doing is we're putting the lake in a location
where there's going to be a little park right beside it. Everybody's
going to have access to it, and it's going to be an amenity for the entire
community.
So those are all things that we were challenged with as designers
and as engineers. And I can truly tell you that Habitat came in and
said, we've -- we have some concerns, we've had some comments from
the public, and we want to address those, and we did our very best to
do so.
CHAIRMAN FIALA: Yeah. And I'm hearing that all the time,
and that's why -- they don't have a voice, so I'm their voice, and that's
why I'm bringing this up. Their HOA, which is supposed to be caring
for the appearance of neighbors, has done a very poor, if not extremely
lousy,job.
As you well know, we've all seen the pictures. And so you say we
can be assured that the HOA is going to take care of the landscaping in
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this area, but they haven't done that. And so I hope that that's going to
be changing.
I'm putting all this on the record because now we'll have
something to go back to if it isn't. I just -- and now you're putting it
right next to an existing, very nice, I would say upper-class
neighborhood, and I want to make sure that they're protected as well,
because now you're doing that not only here, but now you're doing it at
another neighborhood, and more will come.
MR. VANASSE: Understood. You know, I definitely hear your
comments and your concerns.
Just to address one of the comments about the abutting
neighborhood. I just want to make it clear for the record that we have
a unanimous approval from the CCPC -- recommendation for approval
for the CCPC.
CHAIRMAN FIALA: I know that; I read all that.
MR. VANASSE: We have no objection from the NIM, and we
also have a staff recommendation for approval. So those people are
aware of our project, and we haven't had any concerns.
CHAIRMAN FIALA: Well, your neighborhood information
meeting was when most of the people had left town, so I can
understand why you didn't have too much of an objection there.
And so I just -- you know, it's good that you did that and all, and
it's just like the voting right now, people haven't come back yet, so
anybody who wants to pass something and is worried a little bit about
the results or the votes will certainly have it during the summer.
So, anyway, back to my questions. It says you -- the setback is 10
feet from the edge of the roadway. Does that mean the house is 10 feet
back from the street? And do these places have garages?
MR. VANASSE: Yes. If you look at the footnotes to the
development standards tables, Footnote No. 6 guarantees that every
house will have at least a one-car garage for every single home.
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The setbacks -- again, I'll address two different setbacks. We've
got the front yard setback. Keep in mind that we don't have driveways
in front of the homes. So we have the right-of-way that ends, okay.
We have a 10-foot utility easement, and the home is two feet further
from that. So what we have is a 12-foot setback measured from the
right-of-way.
CHAIRMAN FIALA: Do they have a front door there?
MR. VANASSE: Yes, they do. There's going to be -- from the
right-of-way to the front of their house, there's going to be at least 10
feet of grass.
CHAIRMAN FIALA: So people are going to have to be -- you
know, watch for their children very carefully in case people are driving
down the streets, and -- yeah, okay. I hope that isn't a safety concern.
COMMISSIONER HILLER: When you say right of-- can I ask
a quick question?
CHAIRMAN FIALA: Sure, go ahead.
COMMISSIONER HILLER: When you say the right-of-way,
are you talking about a swale? Like, are you talking about -- will there
be the road, a swale that's in the right-of-way, and then 12 feet?
MR. VANASSE: Let me put up an exhibit that might clarify.
COMMISSIONER HILLER: Or are you -- yeah.
MR. VANASSE: So as you can see from this exhibit, we've got
the front of homes and we have a PUE of 10 feet, we have a sidewalk,
we have some green space, and then we have the travel lanes.
COMMISSIONER TAYLOR: Will you point those out as you
go through them, please.
CHAIRMAN FIALA: This is all in that 10-foot strip?
COMMISSIONER HILLER: No. That's in addition. So they
have the 12-foot.
MR. VANASSE: Okay. So front of the homes, 10 feet of public
utility easements; green space continued here; sidewalk; curb; and this
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is your street, your travel lanes right here.
CHAIRMAN FIALA: Okay. Now, this says it's 10 feet from the
street.
MR. VANASSE: So the -- from the right-of-way. The
right-of-way line is right here.
COMMISSIONER HILLER: Where the sidewalk starts?
MR. VANASSE: So the sidewalk is within the right-of-way.
CHAIRMAN FIALA: Ten feet from the edge of the roadway,
paved surface or back of curb.
MR. VANASSE: I'm not sure what section you're reading right
now.
CHAIRMAN FIALA: Deviation No. 2. See, I'm just trying to
figure out what it's going to really look like.
MR. VANASSE: Okay. Deviation No. 2 is related to directional
signs. That's where we can put our signage within the 10 feet. So this
is not related to a setback for the homes. Deviation No. 2 is related to
directional signs within the right-of-way.
CHAIRMAN FIALA: What are directional signs within a
roadway? I don't know.
COMMISSIONER HILLER: What doesn't makes sense is --
what doesn't make sense is on the diagram that you have, you have a
10-foot utility easement on one end of the diagram. On the other end
you have a -- I guess that's -- oh, that's 12 feet going to, I guess, the
front door, and then you have eight feet and then you have a sidewalk.
So it would suggest that there's 20 feet between the front of door and
the sidewalk and then the 5-foot concrete sidewalk.
MR. VANASSE: Yes.
COMMISSIONER HILLER: Is that correct?
MR. VANASSE: That's correct. Again, this is typical. Like we
said, we were putting a lot of our landscaping within the right-of-way,
so that illustrates that our right-of-way is obviously wider than just the
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paved street.
COMMISSIONER HILLER: Well, I guess what's --
MR. VANASSE: So within that right-of-way we'll have the
sidewalk, and we'll have a nice grassy strip with a lot of landscaping.
COMMISSIONER HILLER: Yeah. What's not clear is, at least
from -- because you've got a 50-foot minimum right-of-way, that's a
little confusing, in the diagram. I mean, I see the points it reaches, but
the right-of-way is --
COMMISSIONER NANCE: It's the road and the swale.
MR. VANASSE: So you've got the right-of-way that ends right
here, you have 10 feet of utility easement. Again, that's your front yard
that's all going to be grass --
COMMISSIONER HILLER: And the road --
MR. VANASSE: -- and that's an extra two feet to your building.
COMMISSIONER HILLER: Where's the road?
MR. VANASSE: The road is the darker shaded gray area. And
this illustrates the roadway with some on-street parking.
CHAIRMAN FIALA: And the on-street parking is there?
MR. VANASSE: Yes. And, again, what we did is with regards
to concerns that we've been told about parking and having enough
parking for the community, we're providing a one-car garage for each
home, two other parking spaces next to that, and then some overflow
parking on the street. So we believe we have plenty of parking for the
needs of the community.
CHAIRMAN FIALA: When will we find out how much you're
going to charge people for these places?
MR. VANASSE: I'll turn things over to Nick because, again,
that's not something I can answer.
CHAIRMAN FIALA: Okay. Are these going to be the same
quality as the ones you're building in North Naples?
MR. KOULOHERAS: Yes, I hope the same quality if not get
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better. As we continue to grow as an organization and as construction
technology continues to increase, all of our homes now are Energy Star
certified by a third-party provider, so a very tight envelope. We're
using better materials than we have in the past and all really solid
construction that all goes through the same permitting procedure
whether it's Habitat for Humanity or U.S. Homes.
CHAIRMAN FIALA: Block or frame?
MR. KOULOHERAS: We don't have that finally -- we don't
have the final decision on that right now. But it could be framed, or it
could be first floor block, second floor frame.
CHAIRMAN FIALA: Okay. I think -- I noticed that Mr.
Davenport's name is on there. What is he doing in this?
MR. KOULOHERAS: Well, Richard Davenport and Waterways
Homes was the previous property owner.
CHAIRMAN FIALA: Oh, I see. Okay.
MR. KOULOHERAS: And unfortunate for Waterways Homes,
they had a -- they dissolved in the downturn of the economy.
CHAIRMAN FIALA: Okay. I've asked my questions. I got --
staff has this on record, and we'll just keep watching it as it goes
forward.
So with that, I'll make a motion to approve.
MR. MILLER: Madam Chair, I have two registered public
speakers for this item.
CHAIRMAN FIALA: Oh, okay.
MR. MILLER: Your first speaker is Michele Kelly. She'll be
followed by Lenore Meurer.
MS. KELLY: Thank you very much. My name is Michele
Kelly, and I'm here for the East Naples Community Board, and I'm
here to talk a little bit just about the -- I'm not right close to this
community; however, I have concerns about Habitat for Humanity
building so many projects.
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As Mr. Nance had said, Commissioner Nance had said, you want
to stop any kind of hazards or any kind of a disaster, a looming disaster
in the forefront or in the future, and I think with all the building that's
coming up as far as Habitat for Humanity is concerned, nobody is
looking at the other factors that weigh into these communities being
built.
There were no objections to this, and nobody showed up to this
from the Cedar Hammock, which is the neighborhood next door,
because they didn't know about it. My sister and I were there this
weekend over at Cedar Hammock, and we talked to a few of the
people. And they said, oh, yeah, we got the notification. What was
that? But they really didn't know what it was.
MS. MEURER: Just this morning I got some objections emailed
as a result of letters being sent by our group. Oh, can I not speak? I'm
sorry.
CHAIRMAN FIALA: One at a time.
MS. KELLY: So nobody's really apprised of what's going on, so
that's part of the problem. Yes, these notifications are sent out in the
summertime, and it's only 500 feet. I won't go into our project, but we
were able to get the 250 people to object that were objecting to the
church about another project that's going in. So nobody knows about
these.
The other thing, too, is as far as the oversight as far as
oversaturating of these projects. East Naples is being overwhelmed
with these type of projects, and the consequences are that our
businesses are being -- they're going out -- they're going out of
business. There is no business in East Naples because these people
really don't shop there. I mean, they shop very minimally or they shop
certain things. They don't go to restaurants. Things go out of business.
There's no business in East Naples.
This is no moderation that is going on with these projects. And,
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yes, you take a look -- find people at the project and what it's going to
look like or that it's got setbacks and it's going to be a house or it's
going to be a townhome. But you're not looking at what kind of
devastation or what kind of-- what type of problems that you're going
to have with the people living there and the rest of the people trying to
live their lives, too. You're not taking them into consideration.
We're just looking at, we need to give homes to people who can't
buy homes. What about the people who already live there and want to
have the opportunity to continue their lifestyle, which is now changing
based upon the number of properties that are being built with no
oversight, no moderation, and no consideration because nobody knows
about it. None of the people knew about it when we were at Cedar
Hammock.
Does that mean I'm done?
CHAIRMAN FIALA: Yes, you're done.
MS. KELLY: Thank you so very much. I appreciate your time.
MR. MILLER: Your next speaker is Lenore Meurer.
MS. MEURER: Hi. I represent the East Naples Community
Association. It's about 30,000 people. And I just want to take off-- or
people that are not here. We are asking for an amendment, actually. If
you look at your own mission statement, you want to increase the
citizens' participation. How can you do that when you hold NIMs --
look at the calendars over the summer. They're stuffed. You can't have
people involved if they're not here. Florida state recognizes that we're
seasonal. Let's accommodate them.
That also goes for the 500 feet. That's the goat on the corner.
You know, nobody is getting them. Cedar Hammock is alarmed. You
have to -- I will send you their letters. I agree totally with you, Ms.
Fiala, that I -- with all your concerns.
Is it such a hardship to get this stuff hammered out before you
approve it? What's another month? Let's get that information.
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Intentional or we don't have any intention at this time, and two
weeks later up pops four more. I think it's a concern. There's a pattern.
I think we need to know exactly what we're getting before you approve
it. Are we getting 84 homes? That's quite a difference from 146 on 15
acres. Do you think that's a little bit of a sardine can? I do.
So those are the two amendments, you know, down the road. We
need language. We need to accommodate and have increased
participation from our citizens. That's what they're angry about. They
don't even know.
CHAIRMAN FIALA: Right. I started getting some letters
myself.
MS. MEURER: Oh, I got -- did you receive any letters? Because
I got them this morning early. I opened it up. There they were.
They're angry.
CHAIRMAN FIALA: Yes, I know, and I've talked to our staff
about notifying people, especially on something that is -- that could be
controversial, to send them further than just 500 feet, because when
you've got a road between the two, you've missed all of the residents
then, and they don't get anything, and we've had that happen to other
things before, too, where we're sending a notification out 500 feet, but
there's a woods between that and the other, and so there's nobody
located there. And so then you have nobody showing up at the NIM,
and they say, well, nobody really cared. It's because they never got a
notification in the first place. And when you send them out in June
and July, that's planned, you know, so --
MS. MEURER: Absolutely.
COMMISSIONER HENNING: I have a question.
MR. KOULOHERAS: Madam Chair? I'm sorry.
CHAIRMAN FIALA: Hmm?
COMMISSIONER HENNING: I have a question.
CHAIRMAN FIALA: Sure, go ahead.
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COMMISSIONER HENNING: Who is this East Naples
Community Association representing 30,000? You have 30,000
members?
MS. MEURER: In District 4.
COMMISSIONER HENNING: Wait a minute.
MS. MEURER: There are a group of-- that organized -- I asked
them. The association said, I knew the boards and presidents, just as
I've emailed you to -- I said one thing. I said, go out and see what
you're going to get, what these -- the systemic issues of these
communities --
COMMISSIONER HENNING: And you have 30,000? You have
30,000 members?
MS. MEURER: Possibly, or -- I'm very conservative. It could be
more.
COMMISSIONER HENNING: You have 30,000 members in
the association --
MS. MEURER: Well, if you're talking about associations --
COMMISSIONER HENNING: I'm talking --
MS. MEURER: -- that have, like, 839 families -- 839 families
times three, which is kind of conservative, you get that number, and if
you have 815 in another and so on and so on. So my first wave of
people, associations, were 12, they came back, and they said we agree.
COMMISSIONER HENNING: Are you done?
MS. MEURER: I think my time is almost done.
COMMISSIONER HENNING: I have a question for you.
MS. MEURER: Sure.
COMMISSIONER HENNING: It's being said that "we are the
East Naples Community Association."
MS. MEURER: Right.
COMMISSIONER HENNING: And you have 30,000 members
in your East Naples Community Association?
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September 27, 2016
MS. MEURER: If I could add them all up for you, yeah, it would
come around to about that.
COMMISSIONER HENNING: Can I join?
MS. MEURER: Sure.
COMMISSIONER HENNING: Yeah, give me some
information. I'm very curious about this 30,000 members. East Naples
Civic Association, what has been existing for 40 years, they don't have
that many members.
MS. MEURER: They don't have that many angry people as we
do.
COMMISSIONER HENNING: Oh, I don't want to join them.
I'm sorry.
MS. MEURER: Frustrated.
COMMISSIONER HENNING: I'm not angry.
MS. MEURER: Okay.
COMMISSIONER HENNING: So thanks anyway.
MS. MEURER: If you lived by this, you would be.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER HENNING: I'm not done.
CHAIRMAN FIALA: Sony.
MS. MEURER: Okay.
COMMISSIONER HENNING: This project is in my district.
Cedar Hammock is in my district. I know that the association was
notified, okay.
MS. MEURER: You're right.
COMMISSIONER HENNING: You're done, right?
MS. MEURER: Well, yeah. I'm in somebody else's time.
COMMISSIONER HENNING: Yeah, my time. I think you can
sit down now.
MS. MEURER: Okay, thank you.
COMMISSIONER HENNING: The association was notified.
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Their membership, board of directors had full knowledge of this. So I
don't know where the statements are coming for that.
But, Nick --
CHAIRMAN FIALA: Which Nick?
COMMISSIONER HENNING: Nick Kouloheras.
MR. KOULOHERAS: Yes.
COMMISSIONER HENNING: You said that it's your intent to
manage the common areas.
MR. KOULOHERAS: Yes.
COMMISSIONER HENNING: Okay. But you don't know that
yet.
MR. KOULOHERAS: No, we're going to maintain all of the
common areas for certain, 100 percent.
COMMISSIONER HENNING: Oh, okay.
MR. KOULOHERAS: Yes. The part that I'm not 100 percent of
yet is just that small section of the homeowners' independent property.
But everything we've put together right now is to maintain that as well.
COMMISSIONER HENNING: Okay. All right. Thanks for the
clarification. I can support the motion. If you don't have a second, I
will.
CHAIRMAN FIALA: Okay. So we have a motion.
Oh, Commissioner Taylor.
COMMISSIONER TAYLOR: Well, there was a clarification,
because I'm a member of the East Naples Civic Association, and I
didn't realize there were 30,000 members, but I think --
CHAIRMAN FIALA: Well, we're not Civic.
COMMISSIONER TAYLOR: This lady was --
CHAIRMAN FIALA: Not Civic.
COMMISSIONER TAYLOR: This was another -- this is a
completely separate.
Just to put on the record, I was at the NIM for Whitaker Road this
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summer. It was held at the Mayfair, and the East Naples Civic
Association was concerned, and then they were supportive. They want
to be involved in the HOA on Whitaker Road. Their fears of the
children were alleviated because of Whitaker Road being so narrow.
CHAIRMAN FIALA: Are you sure?
COMMISSIONER TAYLOR: I was there. The whole --
CHAIRMAN FIALA: I know, but have you heard from the
board of directors from East Naples?
COMMISSIONER TAYLOR: I remember -- I remember
specifically people saying that they were on the board speaking in
favor of it --
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: -- of the East Naples Civic
Association, not --
CHAIRMAN FIALA: That's what I'm talking about. I'm on that
board, and so I have not -- I haven't heard that, so I'll go back and ask
the president. I hadn't heard that --
COMMISSIONER TAYLOR: Well, it was referenced, I think,
about -- there was one speaker that was against it, and I think she's
right there. But I remember that whole time and that -- and it was full
of people. It was standing room only, and the afternoon, it poured rain
so much there was flooding that came into the church itself. And these
people got out to hear what was said.
COMMISSIONER HENNING: But that's not on the agenda.
COMMISSIONER TAYLOR: I know, but I'm just -- I'm just
referencing it. And I will not go any further, sir.
CHAIRMAN FIALA: Okay. So with that, we have a motion on
the floor and a second to approve. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
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September 27, 2016
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay. I'm going to be watching real
carefully.
MR. KOULOHERAS: I would love if-- the continued
conversation that we've been having.
CHAIRMAN FIALA: You and I speak well. We have a good
relationship, and I like that. And I trust what you tell me is the truth,
and don't ever violate that, okay?
MR. KOULOHERAS: I'm working very hard to make sure that
is absolutely true.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Commissioners, that takes us to Item 7, public
comment on general topics not on the current or future agenda.
MR. MILLER: Madam Chairman, I have one registered speaker
for public comments, John Lundin.
MR. LUNDIN: John Lundin. Thank you for letting me speak.
Last Wednesday, Commissioner Tim Nance, you spoke at the
Immokalee CRA meeting on the subject of municipal incorporation for
Immokalee. During your presentation, Commissioner Nance, you
underestimated the total revenue that would be available to run a city
in Immokalee. I'm here to -- I would like to correct the record on that.
Also, last Saturday the Naples Daily News published an editorial
titled "Incorporation for Immokalee Hurtles Ahead." This editorial
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also underestimated the total revenue that would be available to run a
city in Immokalee. I would like to also correct that issue.
If you could look at the presentation on the graphic, currently
there's approximately $500,000 of property tax revenue generated in
Immokalee based on the CRA's estimate of$275 million of taxable
property value.
There is also an estimated $2,950,000 of state government
revenue sharing generated in Immokalee based on the population of
29,500 people, which does not even include the seasonal population
revenue.
Also, there is approximately $1 million of revenue paid in fees for
service from the Immokalee casino in Immokalee, which is contiguous
to the city of Immokalee.
Now, if you add those three numbers together, that would create
an estimated $4,450,000 of total revenue that would be available to run
a city in Immokalee through a municipal incorporation.
Now, in the past a lot of people have spoken about how there's
not enough revenue for Immokalee to incorporate, but no one ever
incorporates these other potential sources of revenue, and I just wanted
to point that out.
Thank you.
COMMISSIONER NANCE: Hold up, Mr. Lundin, just one
second. And I want to correct you.
I made no statements about any sort of revenue stream for
incorporation. The only thing that I mentioned was the taxable value
of comparative municipalities in our region. I mentioned that there
was $275 million taxable value in the Immokalee area; that Estero had
a taxable value of approximately 5 billion; that Marco had a taxable
value of about 9 billion; and that the City of Naples had a taxable value
of something in excess of$20 billion.
I also told them at the time -- and Mr. Ochs has assured me that
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county staff is going to provide the Immokalee CRA with information
for everybody's consideration. And that's the only -- that's the only
statements I made.
I did not pass judgment for or against it, but I believe that some
basic economic information will be supplied by staff, as they have
assured me, so that everybody can take a look at it. And your numbers
can be considered at the time. I can't even speak to them because I did
not -- you know, if I gave the impression that I was making a statement
on revenue streams, that was not my intention. My intention was just
to introduce the offer of the Board of County Commission from a
previous meeting following your public petition and staffs
commitment to provide information for everybody's consideration, and
that will be forthcoming.
MR. LUNDIN: People are wondering why you did make the
statement at the Immokalee CRA but you did not attend the meeting
three weeks ago at the Immokalee chamber where there was a
consultant who was speaking on this issue. We thought it would be
more germane if you came to that meeting as opposed to going to the
CRA.
COMMISSIONER NANCE: Well, I wasn't able to attend that
meeting, sir, and, actually, I didn't want to compete with your
consultant. I'm not an advocate for or against it. I'm just a vehicle to
provide information for everybody's consideration. And then, you
know, the citizens of Immokalee can make an informed choice.
MR. LUNDIN: Okay.
COMMISSIONER NANCE: Thank you.
CHAIRMAN FIALA: Any other public speakers?
MR. LUNDIN: No, ma'am.
CHAIRMAN FIALA: Okay. Leo?
Item #15
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September 27, 2016
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Yes, ma'am. That takes us to Item 15, staff and
commission general communications.
Commissioners, besides the notice of the workshop next Tuesday,
October 4th, that you have in your packet for the legislative agenda
and then another workshop on January 3rd, that's in your packet as
well, the only other information I have very briefly is just to remind the
Board I sent you a fact sheet on a waste material spill and a sinkhole
up in Polk County, Florida, at a phosphate plant that occurred last
month, and I provided some information about our staffs assessment
on whether or not that was having any adverse impact on our draining
wells. And I just, again, wanted to make sure that the Board got that
information.
COMMISSIONER TAYLOR: Could you just put on the record,
just briefly, what the -- only because I've had a number of questions
about it. I'm not asking for a paragraph.
MR. OCHS: Well, let me read what I sent you. Late last month
the Mosaic Company reported that a large sinkhole opened up beneath
a pile of waste material on the site of its phosphate plant in Polk
County, Florida, releasing contaminated waste material into the
Floridian aquifer.
And in response to an inquiry received in this office regarding the
potential impacts of this incident on the Collier County Water/Sewer
District drinking water supply, I've provided an assessment from our
Public Utilities Department as well as information from the state
Department of Environmental Protection.
The bottom line, staff reports there is no known threat to
wellfields in Collier County at this time. We will continue to closely
monitor the situation and advise the Board immediately of any change
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in conditions. The Florida DEP is the lead agency on this issue. We
g Y
continue to monitor releases from them on a daily basis.
Commissioner, I don't know if that satisfies your request.
COMMISSIONER TAYLOR: That's enough. Thank you.
MR. OCHS: Thank you very much. That's all I had, Madam
Chair.
CHAIRMAN FIALA: Great, great.
How about you, County Attorney?
MR. KLATZKOW: Nothing, ma'am.
CHAIRMAN FIALA: Okay. We'll start off with Commissioner
Taylor, and do you have any ending comments?
COMMISSIONER TAYLOR: I do, a couple of things. One of
the -- there's two things. First of all, when I was reading your
evaluation of the County Manager, you talked about the assessment of
affordable housing within your neighborhood. Can you explain that?
And we need to get some numbers. I mean --
CHAIRMAN FIALA: Yes, I can explain that. It's an interesting
thing, because our affordable housing team has a certain way of
calculating how many affordable housing units you have in your
district or -- and I asked them to extend it to all of East Naples, and
they came back and told me I had 1,201 affordable housing units in my
district, in my area there, East Naples area.
I said, no. I said, all of the affordable housing, and they said,
1,201. I said, heavens to Betsy. Naples Manor alone has 1,351. They
said, they don't count. I said, well, what about -- what about next door,
the Section 8 housing, Whistler's Cove? They don't count. Well, what
about Trail Acres? They don't count.
I said, what about the Triangle? They don't count. What about
Thomasson? What about Bayshore? They don't count.
I said, what about all the Habitat villages? You've got, what, aside
from Naples Manor, which you have over 300 units in there, you've
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got at least 150 to 175 in each one of those Habitat villages. Most of
those don't count.
How come they can't count? Why aren't they counting? Twelve
hundred and one, and this is all -- I mean, we're not even talking about
Estey Avenue yet or Shadowlawn or anything. None of those are
counted.
So when they go and tell you, you have such a tremendous need
for affordable housing because we only have so and so, that's what
they're basing it on.
I said, I said -- to ask further, I said, we all know they're all
affordable, but they don't qualify under HUD. Why don't they?
Because under HUD you had to have a 15-year contract that says
they'll stay affordable. We don't know if they're going to stay
affordable.
Well, first of all, I said, the property values have never gone up in
Naples Manor. She said, but we don't know that because there's no
signed contract with HUD. I said, well, just drive in there for goodness
sake. You can see that they're all affordable. Well, they can't count
that.
I said, well, then what about the Habitat villages? They get
money to build affordable housing units. They can't count most of
those either. I do not understand.
That's why I then -- I contacted a few people around, and I said,
we need to figure out how many affordable housing units they really
have in East Naples, but then how do you figure out what you have?
So we decided to use an in-discriminatory number named
$126,000. Anything under $126,000 would be considered affordable,
right? I mean, let's face it, a Habitat home sells for 200-. So anything
under 126,000 would be considered affordable housing, and we're only
talking about for sale.
We haven't even gotten into the rental units yet. And with that we
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found over 14,000 under-$125,000 homes in a for-sale product right
here in East Naples, and we can list them for you. But we found that
through the Property Appraiser's website, not even our own. We didn't
even hunt for anything. That's what it was.
So there's were the inconsistencies are concerning me when they
talk about, oh, we've got to build more affordable housing. Well, do
they mean low-income housing? This is -- I keep asking. Do they
mean low-income? Very-low income? Do they mean moderate?
Now, I would say to you that moderate income we don't have
much of, and I think we need to build a lot more. We're trying to --
we're getting companies in here who are offering great jobs, even some
that are fantastic jobs with wages. But are we building the homes for
them? We have plenty of low income, and I've said that over and over
and over, but nobody listens. But thank you for asking.
But what we need is -- now, we've been getting some in East
Naples. We have middle income rental units being built. And as fast
as you paint the front door, the people are moving in. They're going
very quickly because that's what we need. I think we need a lot more
to -- we need to know what our business community needs.
Now, I understand the head of this committee that's out there
searching is the head of Habitat, so I don't know what kind of results
we're going to get. You know that new committee we've established?
But Nick Kouloheras, of course, is leading that, so I don't know if we'll
get back any true figures or not or if those people will even get those
figures. But that's why I wrote this in Leo's. Knowing what the
figures are, I'm hoping that they're going to be brought -- realistic
figures will be brought to them so they can really discuss what kind of
-- what kind of housing do we really need; moderate income? Middle
incomes? Entry level? Skilled worker housing? We need to know
what that is. That's what that's all about.
COMMISSIONER TAYLOR: So where are we with this report
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September 27, 2016
coming back to us? When is it coming back? Because I think it's very
-- it impedes our progress in this.
You know that I'm very concerned about workforce housing. I
mean, I'm known about (sic) this; I've been very clear. But if we don't
have solid figures, we don't know where we're going.
CHAIRMAN FIALA: As long as a picture is drawn for us that
has red crayon, that's what we're going to think the picture is. And
here there's got some yellow crayon and blue crayon out there, but if
we never see them, we don't know what we're really dealing with.
That's right. And that's why I've asked Leo to make sure that they give
them correct figures. Now --
COMMISSIONER TAYLOR: Well, most importantly, let's see
where they're getting their figures from.
CHAIRMAN FIALA: Yeah. Well, she told us; HUD.
COMMISSIONER TAYLOR: The criteria -- well, if it's just
HUD, then there's exceptions, and what we need is a real time
assessment. Can we do that? Is this committee doing this, a real time
"as it sits on the ground today" assessment of the price structure of
homes within a certain area?
MR. OCHS: Yes, ma'am. That's my understanding that they are.
I'll confirm that.
What I've asked my staff to do is to be prepared at your strategic
planning workshop in January, early January --
COMMISSIONER TAYLOR: Okay.
MR. OCHS: -- to be ready to give a status report on the work of
the committee. And I think we'll have an opportunity with the Board
at that point to, once again, address any and all of these issues.
As this board knows, you've spent quite a bit of time over the
summer at workshops with the staff and a whole roomful of
stakeholders that basically led to the recommendation to advance this
notion of a community housing plan.
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September 27, 2016
This board has approved all the stakeholders on that committee as
part of an executive summary on a previous agenda, and every facet of
the community is well represented, including the development and real
estate interests in NABOR.
CHAIRMAN FIALA: And possibly they would want to address
it not as affordable housing, because that makes it one category, but as
in different categories. And you know what else -- I don't even know
this answer at all. What about rental housing units? Do we have a lot
of rental housing or not? Do we have a lot of apartments?
MR. OCHS: Yes, ma'am. I'll recirculate all the data that we
presented in the workshop --
CHAIRMAN FIALA: And are they counting there?
MR. OCHS: -- this summer.
CHAIRMAN FIALA: So we have a real figure.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: I'm sorry, Leo.
MR. OCHS: Ma'am, I don't take any offense. I mean, we don't
build housing. All we do is try to create some environment either
through regulation or incentives to get you where you want to go as a
board. But this board has been all over the map, frankly, for years on
this issue, and so has the community.
So the bottom line is I'm hoping that this initiative for a
community housing plan involving multiple stake owners will get the
Board where you want to go.
COMMISSIONER TAYLOR: Okay. All right. So my
condolences to any University of Florida graduates here because
University of Tennessee cleaned your clock on Saturday and broke an
11-year drought, and it was so sweet and so wonderful, and it was a
second half victory. And I just -- and the most important thing is our
own Tyler Bird played. He's ours, and he was there on the field. So,
I'm sorry, but --
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September 27, 2016
COMMISSIONER NANCE: Ma'am, this glee over my
misfortune is shocking. We'll give you one out of 11.
COMMISSIONER TAYLOR: And that's all I have.
COMMISSIONER NANCE: That's all you have?
COMMISSIONER TAYLOR: That's all I have.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Well, let me -- let me talk about a
couple things. They're very exciting.
I think the most important thing is the first rollout meeting on the
Promise Zone, the Southwest Florida Promise Zone, which was this
Thursday past at I-Tech in Immokalee was an extraordinary meeting.
It included approximately a half a dozen federal representatives from
federal agencies that came to introduce the topic and describe the sorts
of possibilities and opportunities that are going to be open for the
Promise Zone which, of course, includes Immokalee and Collier
County and all of Glades and Hendry Counties.
Included among the speakers was even a representative from
President Obama's White House staff of management and budget.
Very positive meeting; a lot of networking. And that was following
the announcement, which I want to describe to you now, of a very
important position that was created by the University of Florida.
To all the Commissioners, under one-way communication, I sent
them a description of a new position that's going to be housed at the
Southwest Florida Research and Education Center. It is a
state-specialized extension agent, which means it's an extension agent
at the state level, and that person is going to be working with food
science.
It's extraordinary because the duties and responsibilities of this
position -- the first line under duties of responsibilities outline an
expectation that this agent and this faculty member will participate in
all aspects of the food science initiative at the culinary accelerator in
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September 27, 2016
Immokalee.
This is an extraordinary cooperative gesture and expands our
relationship in our synergy between the University of Florida and our
economic development team, particularly in Immokalee.
I will tell you that the support that we have received from Vice
President Jack Payne, who is the head of the Institute of Food and
Agricultural Sciences at the University of Florida in Gainesville, Dean
Nick Place, who clearly worked very hard to establish this position,
and all the food, science, and human nutrition faculty members at the
University of Florida headed up by Susan Percival has just been
extraordinary.
This has the ability to put our culinary accelerator on the map on
a statewide level. I think it's going to be absolutely a wonderful
development.
Added onto that, as if that's not enough, we have a new Collier
County extension director that was recently hired, and Mr. Carnell, of
course, participated in that decision, but Twyla Leigh, who comes as
our new extension director out there, brings with her an extraordinary
resum0, including work as a registered dietician, a supervisor of
nutrition, planning and procurement, that earlier worked with the
Collier County Public Schools and, in addition to that, she's a
lieutenant colonel in the U.S. Army Reserves.
So this lady brings a tremendous resum0 and a tremendous
experience in food science which, together with the extension agent
that they already granted us, Vanessa Bielema, who's been doing an
outstanding job in extension, gives us three key members of the
University of Florida team to work with our economic development
accelerator.
So this, I'll tell you, is the greatest news, and I hope the future
board will capitalize on the wonderful opportunity that we've got with
them.
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September 27, 2016
Calvin Arnold, myself, and Mr. Ochs' staff will work -- will be
working on a press release later this week to let everybody know about
this wonderful development. It's truly coming together for us out
there. It's going to be a great deal.
CHAIRMAN FIALA: Sounds wonderful.
Commissioner Henning?
COMMISSIONER HENNING: Just a little advice: Don't plan on
making your guacamole until your avocados are ripe.
COMMISSIONER NANCE: He gets that from the highest
authority.
COMMISSIONER HENNING: Motion to adjourn.
CHAIRMAN FIALA: We needed that laugh. That was it, huh?
COMMISSIONER HENNING: Yeah. Motion to adjourn.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay. I don't have anything to say, so
let's adjourn.
**** Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
RESOLUTION 2016-189: A FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FUNDED AGREEMENT
(FINANCIAL MANAGEMENT NO. 437103-1-88-01), "COLLIER
TRAFFIC MANAGEMENT CENTER (TMC) OPERATIONS
(OPS) FUND COUNTY WIDE", WITH THE FDOT WHEREIN
FDOT WILL REIMBURSE COLLIER COUNTY ON AN
ANNUAL BASIS FOR THE COST OF MONITORING,
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September 27, 2016
DOCUMENTING AND REPORTING SIGNAL TIMING
CHANGES ALONG REGIONALLY SIGNIFICANT CORRIDORS
AS DETERMINED BY THE COUNTY AND FDOT IN STATE
FISCAL YEARS 2017 THROUGH 2021, IN THE TOTAL
AMOUNT OF $384,750
Item #16A2
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
FIDDLER'S CREEK, MARSH COVE PHASE 1, PL20140001994,
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT —
FINAL INSPECTION OF THE FACILITIES WAS CONDUCTED
ON MAY 26, 2016 AND WAS FOUND TO BE SATISFACTORY
AND ACCEPTABLE
Item #16A3
RESOLUTION 2016-190: GRANT FINAL APPROVAL OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF SATURNIA FALLS — PHASE ONE,
APPLICATION NUMBER AR-6124 WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED, AUTHORIZING THE RELEASE OF THE
MAINTENANCE SECURITY AND ACCEPTING THE PLAT
DEDICATIONS
Item #16A4
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September 27, 2016
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $7,997, TO TOLL BROTHERS,
INC., WHICH WAS POSTED AS A GUARANTY FOR SITE
DEVELOPMENT PLAN (SDP) NUMBER AR-8928 FOR WORK
ASSOCIATED WITH FIRANO AT NAPLES CLUBHOUSE
Item #16A5
RESOLUTION 2016-191: GRANT FINAL APPROVAL OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF QUARRY PHASE 6, APPLICATION
NUMBER PL20140000127 WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED AND AUTHORIZING THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A6
AUTHORIZE THE CLERK OF COURTS TO RELEASE A CASH
BOND IN THE AMOUNT OF $50,460 TO KE TALIS PARK
PROPERTIES, LLC., WHICH WAS POSTED AS A GUARANTY
FOR EXCAVATION PERMIT NUMBER 60.089-4,
PL20150000146, FOR WORK ASSOCIATED WITH CORSICA AT
TALIS PARK - THE AS-BUILT LAKE CROSS SECTION HAVE
BEEN RECEIVED AND THE LAKES HAVE BEEN INSPECTED
BY THE DEVELOPMENT REVIEW DIVISION
Item #16A7
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September 27, 2016
AUTHORIZES THE CHAIRMAN TO SIGN A COLLIER
COUNTY LANDSCAPE MAINTENANCE AGREEMENT
("AGREEMENT") BETWEEN COLLIER COUNTY AND THE
RAFFIA PRESERVE MASTER ASSOCIATION, INC. FOR
LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN
THE PRISTINE DRIVE AND WOLFE ROAD PUBLIC RIGHTS-
OF-WAY — THE AGREEMENT INSURES THAT THE
ASSOCIATION WILL MAINTAIN THE LANDSCAPE AND
IRRIGATION IMPROVEMENTS
Item #16A8
AUTHORIZES THE CHAIRMAN TO SIGN A COLLIER
COUNTY LANDSCAPE MAINTENANCE AGREEMENT
("AGREEMENT") BETWEEN COLLIER COUNTY AND THE
AVERY SQUARE HOMEOWNERS ASSOCIATION, INC.,
("ASSOCIATION"), FOR LANDSCAPE AND IRRIGATION
IMPROVEMENTS WITHIN THE AIRPORT-PULLING ROAD
PUBLIC RIGHT-OF-WAY - THE AGREEMENT INSURES THAT
THE ASSOCIATION WILL MAINTAIN THE LANDSCAPE AND
IRRIGATION IMPROVEMENTS
Item #16A9
AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES
FOR A JOINT STORMWATER AND SANITARY SEWER
PROJECT BETWEEN GOODLETTE-FRANK ROAD AND US-41
AND DIRECT THE COUNTY MANAGER TO PREPARE AND
ISSUE A REQUEST FOR PROPOSALS FOR THE
ENGINEERING DESIGN AND POST DESIGN SERVICES FOR
THE JOINT PROJECT (PROJECT NO. 60142) — FOR THE
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September 27, 2016
STREETS THAT ARE CURRENTLY UNSEWERED AND
UTILIZE SEPTIC SYSTEMS AND HAVE PERIODIC STREET
AND YARD FLOODING
Item #16A10
THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $30,561 TO BRISTOL PINES, LLC, AS
SUCCESSOR TO WATERWAYS JOINT VENTURE IV WHICH
WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT
NUMBER 59.920-1, PL20110002180 FOR WORK ASSOCIATED
WITH BRISTOL PINES PHASE II - THE AS-BUILT LAKE
CROSS SECTION HAVE BEEN RECEIVED AND THE LAKES
HAVE BEEN INSPECTED BY THE DEVELOPMENT REVIEW
DIVISION
Item #16A 11
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $554,500 FOR PAYMENT OF $450 IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. GUADALUPE PERALEZ,
CODE ENFORCEMENT BOARD CASE NO. CEPM20090008057
RELATING TO PROPERTY LOCATED AT 5084 23RD COURT
SW, COLLIER COUNTY, FLORIDA — FOR A CODE
VIOLATION THAT CONSISTED OF DAMAGED FACIA,
MISSING ROOF TILES, BORKEN DOOR AND BEE
INFESTATION WHICH WERE BROUGHT IN TO COMPLIANCE
ON SEPTEMBER 10, 2015 BY THE FANNIE MAE A/K/A
FEDERAL NATIONAL MORTGAGE
Page 128
September 27, 2016
Item #16Al2
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $12,450 FOR PAYMENT OF $450 IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. PIERINO AND LORETA
PENSENTI, CODE ENFORCEMENT BOARD CASE NO.
CEROW20100017549 RELATING TO PROPERTY LOCATED AT
4110 3RD AVENUE SW, COLLIER COUNTY, FLORIDA — FOR
A CODE VIOATION THAT CONSISTED OF AN
UNPERMITTED TEMPORARY SECOND DRIVEWAY PLACED
ON NEIGHBORING PROPERTY WHICH WAS BROUGHT INTO
COMPLIANCE ON MARCH 11, 2011
Item #16A13
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $150,769.83 FOR PAYMENT OF $869.83
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. DEBBI J. MASCHINO,
CODE ENFORCEMENT BOARD CASE NO. 2004061160
RELATING TO. PROPERTY LOCATED AT 265 ROSE
BOULEVARD, COLLIER COUNTY, FLORIDA — FOR A CODE
VIOLATION THAT CONSISTED OF AN RV WITH AN
ADDITION BEING UTILIZED FOR STORAGE AND OCCUPIED
CAMPER AND THREE UNLICENSED/INOPERABLE
VEHICLES ON THE PROPERTY WHICH WERE BROUGHT
INTO COMPLIANCE ON FEBRUARY 18, 2009
Item #16A14
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September 27, 2016
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $17,330.86 FOR PAYMENT OF $450 IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. MARTHA MENDEZ-CRUZ,
CODE ENFORCEMENT BOARD CASE NO. CESD20110014160
RELATING TO PROPERTY LOCATED AT 3525 47TH AVENUE
NE, COLLIER COUNTY, FLORIDA — FOR A CODE VIOLATION
THAT CONSISTED OF AN EXPIRED PERMIT WITH NO
CERTIFICATE OF COMPLIANCE/OCCUPANCY WHICH WAS
BROUGHT INTO COMPLIANCE ON JANUARY 28, 2014
Item #16A15
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY
EASEMENT (PARCEL 365RDUE) AND A TEMPORARY
DRIVEWAY RESTORATION EASEMENT (PARCEL 365TDRE)
REQUIRED FOR THE EXPANSION OF GOLDEN GATE
BOULEVARD FROM 20TH STREET EAST TO EAST OF
EVERGLADES BOULEVARD (PROJECT 60145) (ESTIMATED
FISCAL IMPACT: $13,308) — FOR TWO EASEMENTS NEEDED
FOR THE FOUR-LANING OF GOLDEN GATE BOULEVARD
FROM 20TH STREET EAST TO EAST OF EVERGALDES
BOULEVARD
Item #16A16
RESOLUTION 2016-192: GRANT FINAL APPROVAL OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF RIVERSTONE — PLAT FIVE,
APPLICATION NUMBER 20130000785 WITH THE ROADWAY
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September 27, 2016
AND DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A17
RESOLUTION 2016-193: GRANT FINAL APPROVAL OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF RIVERSTONE — PLAT SIX,
APPLICATION NUMBER 20130002629, WITH THE ROADWAY
AND DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A18
AWARD BID #16-6599 TO INFINITE CONSTRUCTION, LLC
FOR THE "EAST NAPLES SIDEWALK IMPROVEMENTS"
PROJECT FOR CONSTRUCTION OF SIDEWALK
IMPROVEMENTS ON THE WEST SIDE OF LOMBARDY LANE
FROM THOMASSON DRIVE FOR APPROXIMATELY 700 FEET
NORTH AND THE EAST SIDE OF ORCHARD LANE FROM
THOMASSON DRIVE TO OUTER DRIVE IN THE AMOUNT OF
$269,817.78 (PROJECT #33460)
Item #16A19
RESOLUITON 2016-194: A RESOLUTION TO HOLD A PUBLIC
HEARING TO CONSIDER VACATING A PORTION OF TRACT
Page 131
September 27, 2016
"R", CREEKSIDE BOULEVARD RIGHT-OF-WAY, BEING A
PART OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO,
PLAT BOOK 35, PAGE 43 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA. (VAC-PL20160002294)
Item #16A20
RESOLUTION 2016-195: A RESOLUTION TO HOLD A PUBLIC
HEARING TO CONSIDER VACATING TRACT RW4, AN
APPROXIMATELY 100-FOOT WIDE, 1,300-FOOT LONG
TRACT DEDICATED TO THE COUNTY FOR FUTURE RIGHT-
OF-WAY ACCORDING TO NAPLES HERITAGE GOLF AND
COUNTRY CLUB PHASE ONE, PLAT BOOK 26, PAGE 73 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY
1/2 MILE EAST OF SANTA BARBARA BLVD., AND 1 MILE
SOUTH OF DAVIS BLVD, IN SECTION 9, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
(VAC-PL20160001403)
Item #16A21
RESOLUTION 2016-196: A TRANSPORTATION POST
PROJECT MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT), FOR THE
MAINTENANCE OF SIDEWALK AND TRAFFIC
IMPROVEMENTS LOCATED BETWEEN TRAIL BOULEVARD
AND THE EAST SIDE OF U.S. 41 FROM NORTH OF PINE
RIDGE ROAD TO SOUTH OF PELICAN BAY BOULEVARD N.
Page 132
September 27, 2016
UPON COMPLETION OF THE FDOT IMPROVEMENTS
PROJECT, FINANCIAL PROJECT NO. 435040-1-52-01, AND A
RESOLUTION AUTHORIZING THE CHAIRMAN TO SIGN THE
AGREEMENT
Item #16A22
RESOLUTION 2016-197: EXTEND THE TEMPORARY
MORATORIUM TO APRIL 11, 2017, ON THE ACCEPTANCE,
PROCESSING, AND CONSIDERATION OF APPLICATIONS
FOR DEVELOPMENT ORDERS INVOLVING THE
CONVERSION OF LANDS ZONED FOR GOLF COURSE USE
AND TO ACCEPT WHITE PAPER PREPARED BY STAFF
PROVIDING RECOMMENDATIONS FOR LAND
DEVELOPMENT CODE (LDC) AMENDMENT CONCEPTS
Item #16A23
THIS ITEM HAS BEEN CONTINUED TO THE OCTOBER 25,
2016 BCC MEETING. A RESOLUTION TO HOLD A PUBLIC
HEARING TO CONSIDER VACATING A PORTION OF THE
EAST END OF MAINSAIL DRIVE RIGHT-OF-WAY, BEING A
PART OF MARCO SHORES UNIT ONE, PLAT BOOK 14, PAGE
33 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA (VAC-
PL201600003 79)
Item #16B1
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September 27, 2016
RESOLUTION 2016-198: AN AMENDMENT TO RESOLUTION
NO. 2001-98, REDUCING THE SIZE OF THE ADVISORY
COMMITTEE; DEFINING THE MEMBER AFFILIATION
REQUIREMENTS AND UPDATING APPLICABLE SECTIONS
OF THE BYLAWS FOR THE IMMOKALEE COMMUNITY
REDEVELOPMENT AGENCY (CRA) LOCAL ADVISORY
BOARD
Item #16B2
THE IMMOKALEE COMMUNITY REDEVELOPMENT
AGENCY (CRA) APPROVE THE ATTENDANCE OF ONE
IMMOKALEE ADVISORY BOARD MEMBER AND THE
IMMOKALEE CRA STAFF AT THE FLORIDA
REDEVELOPMENT ASSOCIATION 2016 ANNUAL
CONFERENCE; AUTHORIZE PAYMENT OF ATTENDEES'
REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM
THE IMMOKALEE CRA TRUST FUND (FUND 186) TRAVEL
BUDGET; AND DECLARE THE TRAINING RECEIVED AS
SERVING A VALID PUBLIC PURPOSE - FURTHERING STAFF
PROFESSIONAL DEVELOPMENT AND PROVIDE TRAINING
FOR THE ADVISORY BOARD MEMBERS
Item #16B3
DIRECT THE COUNTY ATTORNEY TO WORK WITH STAFF
TO ADVERTISE AND BRING BACK TO THE BOARD FOR A
PUBLIC HEARING AN ORDINANCE TO IMPLEMENT A
TEMPORARY MORATORIUM TO STAY THE RECEIPT OF
NEW APPLICATIONS FOR DEVELOPMENT ORDERS FOR
FACILITIES WITH FUEL PUMPS, INCLUDING GAS
Page 134
September 27, 2016
STATIONS, ALONG THE US 41, AIRPORT ROAD AND DAVIS
BOULEVARD CORRIDORS WITHIN THE BAYSHORE
/GATEWAY COMMUNITY REDEVELOPMENT AREA (CRA),
WHILE CRA STAFF UPDATES ITS REDEVELOPMENT PLAN
AND ALTERNATE LAND DEVELOPMENT REGULATIONS
ARE PREPARED AND VETTED
Item #16B4
THE "HEIGHT NOTICE" AS REQUIRED IN SECTION 7.C. AND
REPLACE EXHIBIT E, AMENDING THE DENSITY AND
UPDATING THE SITE PLAN, OF THE REAL ESTATE
PURCHASE AGREEMENT DATED MAY 9, 2016 BETWEEN
REAL ESTATE PARTNERS INTERNATIONAL, LLC
(PURCHASER) AND THE BOARD OF COUNTY
COMMISSIONERS (SELLER), ACTING AS THE AUTHORITY
FOR BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT
AREA — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16C1
A $705,600 WORK ORDER UNDER REQUEST FOR
QUOTATION 14-6213-73 TO MITCHELL & STARK
CONSTRUCTION COMPANY, INC., FOR THE NORTH
COUNTY REGIONAL WATER TREATMENT PLANT ODOR
CONTROL BLOWDOWN SULFURIC ACID BULK TANK AND
LIFT STATION PROJECT #70104 — MAINTAINING THE
INDUSTRIAL WASTE DISPOSAL RELIABILITY AND
MEETING THE DEMAND FOR POTABLE WATER
Item #16D1 — Moved to Item #11G (Per Agenda Change Sheet)
Page 135
September 27, 2016
Item #16D2
ACCEPT THE CONSERVATION COLLIER 2015 ANNUAL
REPORT AND PROVIDE THE BOARD OF COUNTY
COMMISSIONERS AND PUBLIC WITH AN UPDATE ON THE
PROGRAM'S PAST ACTIVITIES
Item #16D3
A WORK ORDER USING CONTRACT NO. 13-6164 TO BSSW
ARCHITECTS, INC. FOR DESIGN AND PERMITTING OF THE
SHADE STRUCTURE OVER THE CHAMPIONSHIP COURTS
AT EAST NAPLES COMMUNITY PARK FOR THE 2017 US
OPEN PICKLEBALL CHAMPIONSHIP; AUTHORIZATION OF
NECESSARY BUDGET AMENDMENT; AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM —
FOR A FEASIBILITY STUDY TO DETERMINE OPTIONS FOR
PLACEMENT OF THE SHADE STRUCTURE, MATERIALS,
SITE UNTILITY MODIFICATIONAAND A PROPOSED
BUDGET
Item #16D4
RESOLUTION 2016-199: AUTHORIZE THE REMOVAL OF
UNCOLLECTIBLE RECEIVABLES IN THE AMOUNT OF
$5,381.29 FROM THE FINANCIAL RECORDS OF THE PARKS
AND RECREATION DIVISION IN ACCORDANCE WITH
RESOLUTION NO. 2006-252 AND AUTHORIZE THE CHAIR TO
EXECUTE ATTACHED RESOLUTION
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September 27, 2016
Item #16D5
AUTHORIZE THE GOLDEN GATE BEAUTIFICATION
MUNICIPAL SERVICE TAXING UNIT (MSTU) TO ACCEPT A
DONATION OF PAVER BRICKS AND INSTALLATION FOR
THE BASE OF A FLAG POLE PROJECT BEING
COORDINATED WITH THE BOY SCOUTS OF AMERICA (BSA)
AS AN EAGLE SCOUT MERIT BADGE ACHIEVEMENT —
REPLACING THE FLAGPOLE THAT WAS DESTROYED IN A
MOTOR VEHICLE ACCIDENT AT THE INTERSECTION OF
GOLDEN GATE PARKWAY AND SANTA BARBARA
BOULEVARD
Item #16D6
ACCEPT A FEDERAL TRANSIT ADMINISTRATION SECTION
5 310 GRANT AWARD IN THE AMOUNT OF $457,557,
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS,
AND APPROVE THE PURCHASE OF FOUR PARATRANSIT
VEHICLES AND RADIOS USING THOSE FUNDS — THREE
REPLACEMENT VEHICHLE AND ONE ADDITIONAL WITH
RADIOS
Item #16D7
REJECT THE SOLE RESPONSE RECEIVED FOR REQUEST
FOR PROPOSAL NO. 16-6632 EAST NAPLES COMMUNITY
PARK CONCESSION
Item #16D8
Page 137
September 27, 2016
AWARD A WORK ORDER USING THE ANNUAL CONTRACT
FOR PROFESSIONAL SERVICES FOR ENGINEERS AND
ARCHITECTS CONTRACT #13-6164 TO AECOM TECHNICAL
SERVICES, INC. FOR THE CLAM PASS BEACH PARK
ELECTRICAL UPGRADE AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM — FOR THE
REPLACEMENT OF THE ELECTRICAL SYSTEM INSTALLED
20 YEARS AGO
Item #16D9
THE FY2016-2017 STATE AID TO LIBRARIES GRANT
AGREEMENT, TECHNOLOGY PLAN, AND CURRENT YEAR
ACTION PLAN, AUTHORIZING THE COLLIER COUNTY
PUBLIC LIBRARY TO APPLY FOR STATE AID TO LIBRARIES
IN THE ESTIMATED AMOUNT OF $222,978 — WHIS MAY
ONLY BE USED FOR OPERATING PURPOSES, PERSONNEL,
MATERIALS AND EQUIPMENT
Item #16D10
AWARD A WORK ORDER USING FIXED TERM CONTRACT
NUMBER #13-6164 TO Q GRADY MINOR & ASSOCIATES,
P.A., IN THE AMOUNT OF $27,055, FOR THE DESIGN AND
PERMITTING OF THE BAREFOOT BEACH TOLL BOOTH
REPLACEMENT AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM — THE NEW UNIT
WILL PROVIDE MORE SPACE AND SANIARY FACILITIES
FOR THE PARK ATTENDANT
Item #16D11
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September 27, 2016
THE EXPENDITURE OF CATEGORY "A" BEACH PARK
FACILITY TOURIST TAX FUNDS, AWARD INVITATION TO
BID (ITB) #16-6673R FOR SOUTH MARCO PARKING LOT
AND BEACH ACCESS IMPROVEMENTS IN THE TOTAL
AMOUNT OF $263,309.91, APPROVE THE NECESSARY
BUDGET AMENDMENT, AND MAKE A FINDING THAT
THESE EXPENDITURES PROMOTE TOURISM
Item #16D12
THE EXPENDITURE OF CATEGORY "A" BEACH PARK
FACILITY TOURIST TAX FUNDS FOR REPAIR OF THE
BOARDWALK AT SOUTH MARCH BEACH ACCESS FOR
$14,500, AWARD REQUEST FOR QUOTE (RFQ) TO DSI
MARINE CONSTRUCTION, AND MAKE A FINDING THAT
THIS EXPENDITURE PROMOTES TOURISM
Item #16D13
"AFTER-THE-FACT" AMENDMENTS AND ATTESTATION
STATEMENTS WITH AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. FOR THE COMMUNITY CARE
FOR THE ELDERLY, ALZHEIMER'S DISEASE INITIATIVE
AND HOME CARE FOR THE ELDERLY PROGRAMS AND
AUTHORIZE BUDGET AMENDMENTS TO REFLECT THE
FINAL FY 15/16 GRANT FUNDING AMOUNT (NET FISCAL
IMPACT $8,984.01) — PROVIDING UNINTERRUPTED
SUPPORT SERVICES TO THE COLLIER COUNTY SERVICES
FOR SENIORS
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September 27, 2016
Item #16D14
AFTER-THE-FACT CONTRACTS, ATTESTATION
STATEMENTS AND BUDGET TO REFLECT ACTUAL AWARD
OF THE COMMUNITY CARE FOR THE ELDERLY,
ALZHEIMER'S DISEASE INITIATIVE, AND HOME CARE FOR
THE ELDERLY GRANTS FROM AREA AGENCY ON AGING
FOR SOUTHWEST FLORIDA, INC. (NET FISCAL IMPACT
$119,524.44) — PROVIDING UNINTERRUPTED SUPPORT
SERVICES TO THE FRAIL AND ELDERLY CLIENTS
Item #16D15
AN "AFTER-THE-FACT" AMENDMENT AND ATTESTATION
STATEMENTS TO THE COMMUNITY CARE FOR THE
ELDERLY, ALZHEIMER'S DISEASE INITIATIVE AND THE
HOME CARE FOR THE ELDERLY PROGRAMS WITH AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR
SERVICES FOR SENIORS PROGRAMS (NO FISCAL IMPACT) —
PROVIDING UNINTERRUPTED SUPPORT SERVICES TO
ELDERLY CLIENTS
Item #16D16
CATEGORY B TOURIST DEVELOPMENT TAX FUNDING TO
THE UNIVERSITY OF FLORIDA EXTENSION SERVICE TO
CONDUCT AN ECO-TOURISM TRAINING ASSESSMENT FOR
COLLIER COUNTY CONVENTION AND VISITORS BUREAU
AND MAKE A FINDING THAT THIS EXPENDITURE
PROMOTES TOURISM
Page 140
September 27, 2016
Item #16D17
A SECOND AMENDMENT TO THE COLLIER COUNTY
SENIOR RESOURCE CENTER GROUND LEASE — FOR TWO
ADDITIONAL THREE YEAR TERMS AND REMOVING THE
RENT REQUIREMENT AND REFERENCE THE COUNTY'S
REIMBURSEMENT OF UTILITIES
Item #16D18
RECOGNIZE FY 2016/2017 STATE PUBLIC TRANSIT BLOCK
GRANT ADDITIONAL REVENUE UP TO $873,928,
AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE,
THE PUBLIC SERVICES DEPARTMENT HEAD, TO EXECUTE
THE NOTIFICATION OF FUNDING AWARD AND APPROVED
APPROPRIATE BUDGET AMENDMENT TO PREVENT DELAY
OF THE USE OF GRANT FUNDS FOR THE COLLIER AREA
TRANSIT SYSTEM
Item #16D19
CHANGE ORDER #1 IN THE AMOUNT OF $5,683 TO Q
GRADY MINOR & ASSOCIATES, PA TO OBTAIN THE
REQUIRED PERMITS FOR THE CITY OF MARCO ISLAND
FOR THE TIGERTAIL RESTROOM ADDITION AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM —
FOR THE INSTALLTION OF SEPARATE MEN'S AND
WOMAN'S STALLS THAT WILL ACCOMMODATE PEAK
SEASON AND HIGH VISITATION DAYS
Item #16E1
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September 27, 2016
GROUP VISION INSURANCE TO VISION SERVICE PLAN
(VSP) FOR A TWO-YEAR PERIOD EFFECTIVE JANUARY 1,
2017 IN THE ESTIMATED ANNUAL AMOUNT OF $57,857.76
Item #16E2
THE PURCHASE OF FLOOD INSURANCE FOR FISCAL YEAR
2017 IN THE ESTIMATED AMOUNT OF $381,307
Item #16E3
THE PURCHASE OF LIABILITY, AUTOMOBILE, WORKERS'
COMPENSATION, AIRCRAFT, AIRPORT AND OTHER
INSURANCE COVERAGE FOR FY 2017 IN THE ESTIMATED
AMOUNT OF $928,062
Item #16E4
RESOLUTION 2016-200: A RESOLUTION APPROVING THE
PAY AND CLASSIFICATION PLANS FOR THE COUNTY
MANAGER'S AGENCY AND COUNTY ATTORNEY'S OFFICE
EFFECTIVE OCTOBER 1, 2016; TO PROVIDE FOR A GENERAL
WAGE ADJUSTMENT OF 3% EFFECTIVE ON OCTOBER 1,
2016; AND TO APPROVE THE CREATION OF NEW
CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF
CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES
FROM THE PROPOSED PAY AND CLASSIFICATION PLANS,
FROM JULY 1, 2016 FORWARD, USING THE EXISTING
"ARCHER" POINT-FACTOR JOB EVALUATION SYSTEM
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September 27, 2016
Item #16E5
AUTHORIZING THE COUNTY MANAGER AND STAFF, IN
ACCORDANCE WITH THE COUNTY'S PROCUREMENT
ORDINANCE 2013-69 AS AMENDED, TO USE THE
ALLOWABLE FEDERAL GSA SCHEDULES (EX: SCHEDULE
70 AND 1122 PROGRAM), THE STATE OF FLORIDA
CONTRACTS, AGREEMENTS AND PRICE LISTS,
COMPETITIVELY SOLICITED CONTRACTS BY US
COMMUNITIES, WESTERN STATES CONTRACTING
ALLIANCE, NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE (NIPA), NATIONAL JOINT POWERS
ALLIANCE (NJPA) PUBLIC PURCHASING CONSORTIUMS,
COMPETITIVE SOLICITATIONS FROM STATE OF FLORIDA
CITIES, COUNTIES, SCHOOL DISTRICTS AND OTHER
PUBLIC MUNICIPALITIES (I.E., SHERIFF'S ASSOCIATION;
TRANSIT CONSORTIUM BUS PROCUREMENT CONTRACT;
LIBRARY PURCHASING COOPERATIVE CONSORTIUM) FOR
THE EFFICIENT PURCHASE OF GOODS AND SERVICES FOR
THE DELIVERY OF PUBLIC SERVICES AND FOR WHICH
FUNDS WERE APPROVED IN OPERATING BUDGETS; AND
AUTHORIZE THE COUNTY MANAGER OR THEIR DESIGNEE
TO SIGN USER AGREEMENTS OR CONTRACTS
ASSOCIATED WITH THESE PURCHASES
Item #16E6
AUTHORIZING THE CHAIRMAN TO EXECUTE THE FIFTH
AMENDMENT TO THE AGREEMENT FOR MEDICAL
EXAMINER SERVICES (CONTRACT NO. 11-5776 MEDICAL
EXAMINER) WHICH WILL EXTEND THE TERM OF THE
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September 27, 2016
AGREEMENT TO SEPTEMBER 30, 2017
Item #16E7
CHANGE ORDER #001 FOR LIFE SAFETY UPGRADES IN THE
AMOUNT OF $197,476.06 TO DEC CONTRACTING GROUP,
INC. FOR CONTRACT #15-6488, COURTHOUSE 1ST FLOOR
RENOVATIONS, AN ELEMENT OF COURTHOUSE
RENOVATIONS PROJECT #50116 — CONSOLIDATING THE
PROBATION OFFICERS AND STAFF CURRENTLY
SCATTERED THROUGHOUT THE COURTHOUSE
Item #16E8
ACCEPT ONGOING DONATIONS OF BOTH FLAGS ($50) AND
FLAG POLES ($1,600) TO BE INSTALLED AT SELECTED
COLLIER COUNTY GOVERNMENT LOCATIONS, AS
DETERMINED BY THE COUNTY MANAGER, SUBJECT TO
BUDGETARY LIMITS OR CONFLICTS AT THE TIME OF
DONATION, FROM WOODMEN OF THE WORLD OMAHA
WOODMEN LIFE INSURANCE SOCIETY A.K.A WOODMEN
LIFE — THE COUNTY WILL BE RESPONSIBLE FOR THE
INSTALLATION OF THE FLAGPOLES
Item #16E9
THE PROCUREMENT OF EDUCATIONAL TRAINING
PROGRAMS FOR STAFF; AUTHORIZE THE CHAIRMAN TO
EXECUTE AN AGREEMENT WITH THE FLORIDA GULF
COAST UNIVERSITY (AS PROVIDED THROUGH ITS
AFFILIATE, THE FLORIDA INSTITUTE OF GOVERNMENT);
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September 27, 2016
AND WAIVE COMPETITION IN THE BEST INTEREST OF THE
COUNTY AS AUTHORIZED IN ORDINANCE NO. 13-69, AS
AMENDED — PROVIDING STAFF TRAINING ALLOWING FOR
STAFF TO DEVELOP SKILLS AND EXPERTISE
Item #16E10
AWARD RFP #16-6649 TO GAUMARD SCIENTIFIC FOR THE
PURCHASE OF A HUMAN PATIENT SIMULATOR AND
RELATED PRODUCTS IN THE AMOUNT OF $79,321
Item #16F1
A RELEASE OF LIEN FOR LUCY ZUNIGA/LUCY SALON, INC.
DUE TO THE IMPACT FEES BEING PAID IN FULL IN
ACCORDANCE WITH THE AGREEMENT FOR FEE PAYMENT
ASSISTANCE PROGRAM AND THE AMENDMENT TO
AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM —
FINAL PAYMENT WAS RECEIVED ON JUNE 30, 2016
Item #16F2
A TRANSFER OF TRANSPORTATION IMPACT FEE CREDITS
IN THE AMOUNT OF $116,044.30, HELD BY BERKSHIRE
EQUITY, LLC, FOR THE BERKSHIRE COMMON PARCELS 3A
AND 3B DEVELOPMENT TO THE THOMASSON PLACE
DEVELOPMENT — BOTH LOCATED IN ROAD IMPACT FEE
DISTRICT 2
Item #16F3
Page 145
September 27, 2016
AN INTERLOCAL AGREEMENT WITH THE NORTH COLLIER
FIRE CONTROL AND RESCUE DISTRICT TO ASSIST AND
COOPERATE WITH THE DISTRICT IN COLLECTING THE
DISTRICT'S IMPACT FEES — WITH THE 2016 FISCAL YEAR
REIMBURSEMENTS TOTALED APPROXIMATLEY $34,000
Item #16F4
RESOLUTION 2016-201: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2015-16 ADOPTED BUDGET
Item #16F5
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY
Item #16F6
AN AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND PROJECT ICE FOR THE ADVANCED
LONG-TERM PRODUCTIVITY PROGRAM ("ALPS")
ECONOMIC INCENTIVE AWARD, CONSISTENT WITH THE
BOARD'S PRIOR APPROVAL OF PROJECT ICE AS A
QUALIFIED APPLICANT FOR THIS AWARD — AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16G1
Page 146
September 27, 2016
RESOLUTION 2016-202: AUTHORIZE THE CHAIRMAN TO
EXECUTE THE ATTACHED RESOLUTION AUTHORIZING
EXECUTION OF JOINT PARTICIPATION AGREEMENT
CONTRACT NO. GOE50 WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION TO FUND THE DESIGN, PERMITTING
AND BIDDING OF A NEW TERMINAL FACILITY WITH
ASSOCIATED ENTRANCE, PARKING, AND RELATED
SAFETY IMPROVEMENTS AT THE MARCO ISLAND
EXECUTIVE AIRPORT (FISCAL IMPACT $783,900 FDOT AND
$217,628 COUNTY)
Item #16J1
TAX COLLECTOR REQUEST FOR ADVANCE COMMISSIONS
IN ACCORDANCE WITH FLORIDA STATUTE 192.102(1) FOR
FY 2017
Item #16J2
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 AFTER THE
FACT, THE SUBMISSION OF THE APPLICATION
(SUBMITTED ON AUGUST 22, 2016), 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
Page 147
September 27, 2016
Item #16J3
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
Item #16J4
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN SEPTEMBER 1 TO SEPTEMBER
14, 2016 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J5 — Deny Payables Report (Per Agenda Change Sheet)
TO PROVIDE TO THE BOARD A "PAYABLES REPORT" FOR
THE PERIOD ENDING SEPTEMBER 14, 2016 PURSUANT TO
THE BOARD'S REQUEST
Item #16K1
RESOLUTION 2016-203: APPOINT A MEMBER TO THE
Page 148
September 27, 2016
GROWTH MANAGEMENT OVERSIGHT COMMITTEE —
APPOINTING ANDREA PSARAS WITH TERM EXPIRING
UPON THE DISSOLUIONT OF THIS AD HOC COMMITTEE
Item #16K2
A PROPOSED JOINT MOTION FOR STIPULATED FINAL
JUDGMENT IN THE AMOUNT OF $19,800 IN TOTAL
COMPENSATION FOR THE TAKING OF PARCEL 242RDUE IN
THE PENDING EMINENT DOMAIN CASE STYLED COLLIER
COUNTY V. OCTAVIO M. ALFONSO, ET AL., CASE NO. 15-
CA-230, REQUIRED FOR THE WIDENING OF GOLDEN GATE
BOULEVARD FROM WILSON BOULEVARD TO 20TH STREET
E. (PROJECT NO. 60040) (FISCAL IMPACT: $11,140)
Item #16K3
A PROPOSED JOINT MOTION FOR STIPULATED FINAL
JUDGMENT IN THE AMOUNT OF $22,900 IN TOTAL
COMPENSATION FOR THE TAKING OF PARCEL 251RDUE IN
THE PENDING EMINENT DOMAIN CASE STYLED COLLIER
COUNTY V. PEDRO E. PENA, ET AL., CASE NO. 15-CA-350,
REQUIRED FOR THE EXPANSION OF GOLDEN GATE
BOULEVARD FROM WEST OF 16TH STREET EAST TO 18TH
STREET EAST (PROJECT NO. 60040) (FISCAL IMPACT:
$15,570)
Item #16K4
BOARD OF COUNTY COMMISSIONERS REVIEWS AND
APPROVES THE PROPOSED FY 2016 - 2017 ACTION PLAN
Page 149
September 27, 2016
FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY
Item #16K5
REJECT SECOND OFFER OF JUDGMENT IN THE AMOUNT
OF $63,635 INCLUDING ALL ATTORNEYS FEES, EXPERT
WITNESS FEES AND COSTS AS FULL COMPENSATION FOR
THE TAKING OF PARCEL 196RDUE NEEDED FOR THE
WIDENING OF GOLDEN GATE BOULEVARD FROM 8TH
STREET EAST TO 12TH STREET EAST (PROJECT NO. 60040)
(FISCAL IMPACT: $0)
Item #17A
ORDINANCE 2016-28: AN ORDINANCE ESTABLISHING THE
FRONTERRA COMMUNITY DEVELOPMENT DISTRICT (CDD)
PURSUANT TO SECTION 190.005, FLORIDA STATUTES
Item #17B — Moved to Item #9A (Per Commissioner Fiala during
Agenda Changes)
Item #17C
RESOLUTION 2016-204: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2015-16 ADOPTED BUDGET
Item #17D
RESOLUTION 2016-205: A RESOLUTION APPROVING
Page 150
September 27, 2016
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2016-17 ADOPTED BUDGET
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:58 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
xcLe 1€4.,
DONNA FIALA, CHAIRMAN
ATTEST
DWIGHT E. BROCK, CLERK
,
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44ature only:
These minutes pproved by the Board on w /it //fes , as presented
or
as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 151