Agenda 03/14/2017 Item # 2C03/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.C
Item Summary: February 14, 2017 - BCC/Regular Meeting Minutes
Meeting Date: 03/14/2017
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
03/02/2017 8:42 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/02/2017 8:42 AM
Approved By:
Review:
County Manager's Office MaryJo Brock County Manager Review Completed 03/02/2017 8:43 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM
2.C
Packet Pg. 14
February 14, 2017
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 14, 2017
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and a s ng as
the Board of Zoning Appeals and as the governin ub• •r (s) of such
special districts as have been created accor ' to aw and having
conducted business herein, met on th' da t 9:00 a.m., in
REGULAR SESSION in Buil ' of the Government
C
Complex, East Naples, F • ' 41I ith the following members present:
S,,, ,4 AIRMAN: Penny Taylor
S,'<'S Andrew Solis
William L. McDaniel, Jr
Donna Fiala
Ilk Burt L. Saunders
ALSO P ENT:
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
Page 1
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
I, ii
41110
r Nano*
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
February 14, 2017
9:00 AM
Commissioner Penny Taylor, District 4 — BCC Chair
Commissioner Andy Solis, District 2 — BCC Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Burt Saunders, District 3
Commissioner William L. McDaniel, Jr., District 5; CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
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
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
Page 1
February 14,2017
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 Michael Smith of New Hope Ministries
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 and summary
agenda.)
B. January 10, 2017 - BCC/Regular Meeting Minutes
C. January 24, 2017 - BCC/Regular Meeting Minutes
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February 14,2017
3. SERVICE AWARDS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
4. PROCLAMATIONS
A. Proclamation designating the week of February 19-25, 2017 as Engineers
Week in Collier County, in recognition of the engineers who live and work
in Collier County and who practice the profession of engineering. To be
accepted by Norm Trebilcock, Ralph Verrastro, Marlene Messam, Alison
Bickett and Wes Kayne.
B. Proclamation designating February 19, 2017 as "Stuff the Bus Day," in
recognition of a community effort to "Stuff the Bus" with non-perishable
food to replenish the local food bank and feed the hungry in Collier County.
To be accepted by Steve Carnell, Public Services Department Head;
Michelle Arnold, Public Transit and Neighborhood Engagement Division
Director; Omar Deleon, Collier County Public Transit Senior Planner and
Karole Davis, Engagement Manager with the Harry Chapin Food Bank.
C. Proclamation recognizing John Harris Spilker for achieving the Boy Scouts
of America's Eagle Scout rank and for being selected by his peers for the
Order of the Arrow. To be accepted by John Harris Spilker.
5. PRESENTATIONS
A. Recommendation to recognize Chris D'Arco, Senior Environmental
Specialist, as the January 2017 Employee of the Month.
B. Presentation of the Collier County Business of the Month for February 2017
to Pickle Pro LLC. To be accepted by Tom Watson, Operations Manager,
Pickle Pro, LLC; Susan Kuhar, Account Executive, Greater Naples Chamber
of Commerce; and Bethany Sawyer, Membership Engagement Specialist,
Greater Naples Chamber of Commerce.
Page 3
February 14, 2017
6. PUBLIC PETITIONS
A. Public Petition request from Mr. Christopher Flint regarding yard waste
pickup for larger landowners.
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
A. Recommendation to adopt an ordinance that will implement a twelve month
moratorium on new applications for gas stations, car washes, pawn shops
and self-storage facilities in all commercial zoning districts that list these
uses as permitted uses, but allow for these uses to be processed as
conditional uses while staff brings forward Land Development Code
amendments to require the conditional use process for the identified uses.
This moratorium is geographically limited to both sides of U.S. 41 from the
Palm Street/Commercial Drive/U.S.41 intersection to the Price Street/U.S.41
intersection and is not applicable to existing Planned Unit Developments
PUD)s that have satisfied Chapter 5 of the Collier County Land
Development Code regarding Supplemental Standards for those specific
uses subject to the moratorium, nor to any application for a development
order that would be otherwise subject to this moratorium where there has at
least been a pre-application meeting prior to December 13, 2016.
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to authorize the County Attorney to advertise an ordinance
for future Board consideration that would institute term limits on
Commissioners whereby an individual shall not be eligible for election as a
Commissioner for more than three consecutive four-year terms.
11. COUNTY MANAGER'S REPORT
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February 14,2017
A. Recommendation to direct the County Attorney to advertise and bring back
to the Board of County Commissioners (Board) an Ordinance that will
implement a temporary moratorium on cannabis dispensing businesses for
six months to establish the appropriate Land Development Code
Amendments. Note by County Attorney: Approval of this item will
immediately commence the moratorium period pending future Board action
on the Ordinance. (Mike Bosi, GMD Zoning Director)
B. Recommendation to accept a report on the outreach and polling efforts that
can be performed quickly to measure support for reauthorizing the ad
valorem levy for continued acquisitions under the Conservation Collier
program; review millage options; and provide guidance. (Barry Williams,
Director, Parks and Recreation Division)
C. Recommendation to award Contract Number 16-6622, Big Corkscrew Island
Regional Park Design Services, to Q. Grady Minor and Associates, P.A., for
professional engineering services in the amount of$3,631,979, and authorize
the Chairman to execute the attached contract. (Barry Williams, Director,
Parks and Recreation Division)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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.
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February 14, 2017
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve the ranking of professional engineering
consultants, to enter into negotiations with the top ranked firm of
HNTB Corporation pursuant to Solicitation No. 16-6699 Eleven
Bridge Replacements Project Number 66066 and in the event that an
agreement cannot be reached with this firm, to continue negotiating
with the remaining firms in the order ranked, with a proposed
agreement brought to the Board for its consideration at a subsequent
meeting.
2) Recommendation to approve and authorize the Chairman to sign an
Amendment to Easement Agreement and Easement Relocation
between Collier County ("County") and Habitat for Humanity of
Collier County, Inc. ("Habitat") in order to allow relocation of a
recorded access easement associated with the project called Vincent
Acres, PL20150002012, that was previously conveyed to the County.
3) Recommendation to approve the release of a code enforcement lien
with an accrued value of$315,831.72 for payment of$7,149.92 in the
code enforcement actions entitled Board of County Commissioners v.
Silvano 0. Delgado and Jorge Chavez. Code Enforcement Board Case
No. CESD20090010558 relating to property located at 2556 Randall
Blvd., Collier County, Florida.
4) Recommendation to approve the release of a code enforcement lien
with a value of$91,329.06 for payment of$84,228.11, received
through proceeds from the tax sale of the property, in the code
enforcement actions entitled Board of County Commissioners v. Ira
Dilozir. Code Enforcement Board Case No. CEAU20140003887
relating to property located at 4301 20th Place SW, Collier County,
Florida.
5) Recommendation to approve the release of a code enforcement lien
with a value of$78,980.13 for payment of$680.13 in the code
enforcement actions entitled Board of County Commissioners v. Elsa
Perdomo. Code Enforcement Board Case No. CEPM20120001293
relating to property located at 5352 23rd Place SW, Collier County,
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February 14, 2017
Florida.
6) This item requires that ex-parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Isles of Collier Preserve Phase
10, (Application Number PL20160001842) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
7) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Winding Cypress Phase
2 Replat, Application Number PL20160002410.
8) This item has been continued from the January 10, 2017 BCC
meeting. Recommendation to adopt a Resolution to hold a public
hearing to consider vacating an unimproved 30-foot wide public right-
of-way described as "Avenue B" and a portion of an unimproved 30-
foot wide public right-of-way described as "First Street," according to
the COL-LEE-CO TERRACE subdivision plat, as recorded in Plat
Book 1, Page 32 of the Public Records of Collier County, Florida. The
subject property is located on the south side of U.S. 41 between
Frederick Street and Palm Street in Section 11, Township 50 South,
Range 25 East, Collier County, Florida.
9) Recommendation to approve an Adopt-a-Road Program Agreement
with the volunteer group, John R. Wood, Inc. for the roadway
segment of Pine Ridge Road between US 41 and Airport-Pulling
Road, with two (2) recognition signs and two (2) Adopt-a-Road logo
signs.
10) Recommendation to approve and authorize the County Manager or his
designee to execute an after the fact deductive Change Order No. 2 to
Earth Tech Enterprises, 2016 Beach Renourishment under Contract
No. 16-7009.
11) Recommendation to review and approve the proposed projects list to
be submitted for the FY2018 Big Cypress Basin Local Partnership
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February 14, 2017
Grants Program. (Fiscal Impact $1,475,000)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve an Interlocal Agreement with the City of
Naples for a joint water line upgrade and the installation of Fire
Hydrants on Peters Avenue, Collee Court and Gordon Street in the
Bayshore Gateway Triangle Community Redevelopment Area and
necessary budget amendment.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Bid #16-6604 to Cummins Power South,
in the amount of$224,886, to replace a diesel generator unit at the
South County Regional Water Plant, Project No. 70104.
2) Recommendation to advise the Board of a $25,000 contribution
toward the purchase of a vehicle, from Florida Department of
Environmental Protection as part of the acceptance of Task
Assignment 11 and its associated revenue, under Contract #GC-690
with Collier County.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve the submittal of an FY 2015/16 grant
application for Federal Highway Administration Flexible Funding in
the amount of$80,000 for the purchase and installation of additional
bus shelters through the Federal Transit Administration (FTA) Transit
Award Management System.
2) Recommendation to decline an offer to purchase the Bank of the
Everglades Building for historic preservation and other public uses.
3) Recommendation to approve a transportation coordination agreement
with Good Wheels, Inc. to allow for limited Paratransit transportation
service just north of the Lee/Collier County line.
4) Recommendation to accept and ratify fee waivers granted by the
Director of Domestic Animal Services for the period of May 1, 2016
through September 30, 2016 in accordance with the process
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February 14, 2017
established by Resolution No. 2016-125.
5) Recommendation to increase the estimated annual expenditures on
Recreational Equipment" to Varsity Brands Holding Co, Inc. d/b/a
BSN Sports, LLC, from $50,000 to an amount up to $100,000 per
fiscal year.
6) Recommendation to award Invitation to Bid No. 16-7028 to John R.
Toscano, Inc., for the "Clam Pass Beach Park Electrical Upgrade," an
expenditure in the amount of$603,500, plus $5,000 for county
permitting fees for a total of$608,500 using Tourist Development Tax
Category A Beach Park Facilities funding, authorize the Chairman to
execute the contract, and make a finding that this expenditure
promotes tourism.
7) Recommendation to award Invitation to Bid (ITB) #16-6683, for
ADA related Bus Stop Improvements to Jafer Construction, Corp for
an estimated $275,690 and authorize the Chairman to sign the
agreement.
8) Recommendation to approve Amendment No. 4 to the Agreement
with the Department of Children and Families for the Criminal Justice
Mental Health Substance Abuse Grant, Amendment No. 3 with the
Collier County Sheriff's Office, and reinstate National Alliance
Mental Illness of Collier County's subagreement as well as approve
the associated amended grant budget and application.
9) Recommendation to approve the expenditure of Category "A" Beach
Park Facility Tourist Tax funds for Beach Park Entrance
Enhancement and Interpretive Signage at Tigertail Beach Park for
23,459.71, award request for quote (RFQ) to Sign Pro of North
Florida, Inc., and make a finding that this expenditure promotes
tourism.
E ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to direct the County Attorney to advertise the repeal
of Ordinance No. 1984-84, which created the Collier County Fire
Control Municipal Service Taxing Unit.
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February 14,2017
2) Recommendation to direct the County Attorney to advertise the repeal
of Ordinance No. 2015-18, which created the Fiddlers Creek
Municipal Rescue and Fire Services District.
3) Recommendation to direct the County Attorney to advertise the repeal
of Ordinance No. 1978-49, as amended, which created the Isles of
Capri Municipal Fire Services Taxing District.
4) Recommendation to adopt a Resolution and approve a Lease
Agreement with State Representative Byron Donalds for use of
County-owned office space.
5) Recommendation to adopt a Resolution and approve a Lease
Agreement with State Representative Bob Rommel for use of County-
owned office space.
6) Recommendation to reject the bid responses received from Invitation
to Bid (ITB) #16-6686R Overhead Doors and Automatic Gates for
Countywide use and to authorize County staff to re-solicit.
7) Recommendation to reject bid responses received from Invitation to
Bid (ITB) #16-6697 Maintenance and Minor Repairs for Countywide
use and to authorize County staff to re-solicit.
8) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders, surplus property
and other items as identified.
9) Recommendation to adopt a Resolution approving a revised set of
Policies and Procedures to govern the operation of Lake Trafford
Memorial Gardens.
10) Recommendation to authorize budget amendment, in the amount of
333,085 to fully fund Project #50136: Building C-2 Alterations, for
relocation of the Procurement Services Division.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
appropriating grants, donations, contributions or insurance proceeds)
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February 14, 2017
to the Fiscal Year 2016-17 Adopted Budget.
2) Recommendation to approve Tourist Development Council Grant
Application Forms for Category B and C-2 and Sports Event
Assistance requests for FY18 (October 1, 2017 - September 30, 2018)
and make a finding that these expenditures promote tourism.
3) Recommendation to approve Tourist Development Tax Category B
funding for change order #1 to Contract #15-6419 - Sports Facilities
Assessment with Hunden Strategic Partners in an amount not to
exceed $16,800 and make a finding that these expenditures promote
tourism.
4) Recommendation to approve Tourist Development Tax Category "B"
funding to support the two upcoming FY17 Sports Events up to
6,500 and make a finding that these expenditures promote tourism.
5) This item continued from the January 24, 2017 BCC Meeting.
Recommendation to adopt the 2017 Strategic Plan with the inclusion
of minor changes based upon direction received at the Board
Workshop on January 3, 2017.
G. AIRPORT AUTHORITY
1) Recommendation to approve the attached Commercial Aviation
Operations License Agreement with Aerial Banners, Inc. for banner
towing operations at the Immokalee Regional Airport.
H. BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Report to the Board regarding the investment of County funds as of
the quarter ended December 31, 2016.
2) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
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February 14,2017
periods between January 12 and February 1, 2017 pursuant to Florida
Statute 136.06.
3) Pursuant to the Board's Purchasing Ordinance 2013-69, as amended,
request that the Board approve and determine valid public purpose for
invoices payable and purchasing card transactions as of February 8,
2017.
K. COUNTY ATTORNEY
1) Recommendation to reject Offer of Judgment in the amount of
25,000 excluding all attorneys fees, expert witness fees and costs as
full compensation for the taking of Parcel 401 RDUE needed for the
widening of Golden Gate Boulevard from 20th Street East to East of
Everglades Boulevard, Project No. 60145. (Fiscal Impact: $0)
2) Recommendation to reject Offer of Judgment in the amount of
25,000 excluding all attorneys fees, expert witness fees and costs as
full compensation for the taking of Parcel 399RDUE needed for the
widening of Golden Gate Boulevard from 20th Street East to East of
Everglades Boulevard, Project No. 60145. (Fiscal Impact: $0)
3) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Mutual Release in the lawsuit styled
Loretta Kane v. Collier County (Case No. 16-CA-00076), now
pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County, Florida.
4) Recommendation to approve a Final Judgment for Parcel 202RDUE
in the case styled Collier County v. Baby Brothers Enterprises, Inc., et
al., Case No. 15-CA-298, now pending in the Twentieth Judicial
Circuit, Collier County, required for the widening of Golden Gate
Boulevard (Project No. 60040). (Fiscal Impact: $10,400)
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
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February 14, 2017
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. Recommendation to approve Petition VAC-PL20160003082, to disclaim,
renounce and vacate the County and the public interest in a portion of the 6-
foot Public Utility Easement located along the northeasterly border of Lots 1
through 4, Block 1 of Trail Acres, recorded in Plat Book 3, Page 50 of the
public records of Collier County, Florida. The subject property is located on
the west side of Southwest Boulevard,just south of Tamiami Trail East, in
Section 32, Township 50 South, Range 26 East, Collier County, Florida.
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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February 14,2017
February 14, 2017
MR. OCHS: Madam Chairman, you have a live mic.
CHAIRMAN TAYLOR: Good morning. Good morning, Collier
County, and Happy Valentine's Day to everyone here.
I want you to know we were given some roses by our colleague
up here, and I wanted to thank Commissioner McDaniel for that.
COMMISSIONER McDANIEL: You're welcome.
CHAIRMAN TAYLOR: Please note it's not a bribe.W5 are
going to be fair and judicious in our discernment today
COMMISSIONER McDANIEL: And, Mada on that
note, as I shared with you earlier -- and folks who •o° ow me, I burn
points on a regular basis, so every opportunity 40A so...
CHAIRMAN TAYLOR: And so I gut e can --
MR. OCHS: Begin this morning w. • invocation by Pastor
Michael Smith of the New Hope Mi ' tri .
COMMISSIONER McDANI • hat's where I know you from.
Item #1A
INVOCATION AND Li.. -'440/F ALLEGIANCE
10 ‘11F
PASTORS That's right, Bill.V
Good me I 1 Commissioners, ladies and gentlemen. Let's bow
our heads t•' . "o ` ing.
Den. and Heavenly Father, we come to you this morning,
and we th you for this day. Your word tells us that there's newY
mercies every morning, and we thank you for the many freedoms and
privileges that we have in this great nation of ours that's afforded to us
by you and upheld through the many men and women in our armed
forces.
We thank you, Lord, that we can call this little place of paradise
our own, Collier County. We thank you for your hand of blessing and
Page 2
February 14, 2017
prosperity on Collier County.
We also pray for the people in this county that are needy today,
oh, God, that whether they would be dealing with issues of
unemployment or homelessness or infirmities of sickness, we pray for
them and we lift them up to you.
We also pray for the first responders of this great county that we
have, for the Sheriffs Department, for the firefighters, for eMTs
that may very well put their lives on the line this day for
We thank you for the great people of Collier Co 1 % , nd we lift
up the commissioners to you, that you may grant t - great
discernment and wisdom in the decisions that '- ' i 1 be making
11111
today.
We pray all of these things in the n...'. e your son, our Lord and
savior, Jesus Christ. Amen.
CHAIRMAN TAYLOR: An . I would like John Harris
Spilker to come up to the podiu ,..,, ,`-please lead us in the Pledge of
Allegiance.
The Pledge of Alley,' • *- as recited in unison.)
CHAIRMAN TA 1 , Thank you very much.
Item #2A
APPROV A 0 ODAY'S REGULAR, CONSENT AND
SUMM
k"
1114 GENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDM BY COMMISSION MEMBERS FOR CONSENT AND
SUMMARY AGENDAS.) — APPROVED AND/OR ADOPTED
W/CHANGES
MR. OCHS: Good morning, Madam Chair, Commissioners.
These are your proposed agenda changes for the Board of County
Commissioners meeting of February 14, 2017.
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February 14, 2017
The first proposed change is to continue Item 6A to the March
14th BCC meeting. That request is made by the petitioner.
The next proposed change it is to move Item 16A8 from your
consent agenda to become Item 11D under the regular agenda. This is
a resolution requesting authorization to post an advertisement for
action on a future commission meeting. That request is made by
Commissioner Fiala.
The next proposed change is to withdraw Item 16 , is
particular deductive change order is part of your larg h ge order
report, which is Item 16E8 in today's consent age la. So that became
a duplicative item.
The next proposed change is to move 1 2 to become 11E
on your agenda this morning. It's a reco • i . •ation regarding a
purchase offer for the Bank of the Ev: !la s building, and that was
moved at Commissioner McDanie ' - ;:J est.
A couple reminders, Co , ers. Court reporter breaks are
set for 10:30 a.m. and 2:50 . m 7 on your agenda, public
comment on general topi ; ,• 44the current or future addenda, is to
be heard no sooner tha :
10 • .
or at the conclusion of today's agenda,
whichever occurs fi t; n. with respect to Item 9, your advertised
public hearings, again, are scheduled to be heard normally no
sooner than 1 s. r at the conclusion of the agenda, whichever
occurs firs ti.
Th0 :„ -`all the changes I have this morning, Madam Chair.
CH ' AN TAYLOR: Thank ou verymuch. So we'll startY
with Commissioner McDaniel.
MR. OCHS: Madam Chair?
CHAIRMAN TAYLOR: Yes.
MR. OCHS: Typically you also check with your County
Attorney, if he has any agenda changes before you go to the Board.
CHAIRMAN TAYLOR: Okay. Very good. So we'll start with
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February 14, 2017
excuse me.
MR. KLATZKOW: No changes, ma'am.
MR. OCHS: Thank you.
COMMISSIONER FIALA: She didn't notice you because you
don't have a red tie on today. Sony.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: I have no ex parte.
CHAIRMAN TAYLOR: And -- okay. And no c .‘101- to the
agenda except as noted?
COMMISSIONER McDANIEL: Correct.
CHAIRMAN TAYLOR: Commissioner ''
COMMISSIONER FIALA: Thank
y:
44. much. Nope. I havex..
no ex parte as well.
CHAIRMAN TAYLOR: And ch ges as -- except as noted.
COMMISSIONER FIALA: 6 nges, no corrections, no
addition.
CHAIRMAN TAYLOee with -- I am in the same
position as my colleagues .right, no changes, nothing to declare.
COMMISSIONS sn,.; IS: No changes and nothing to declare
either.
COMMISS R SAUNDERS: I have no changes and nothing
to declare.
CHA .' ` .i TAYLOR: All right. So we have a -- do we have a
Ow
motion . + eve the minutes and the changes to the agenda as stated?
CO '.R ` ISSIONER SOLIS: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN TAYLOR: All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
Page 5
February 14, 2017
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
No response.)
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER McDANIEL: One brief comment. I would
like to compliment staff I had asked not too awfully long ago to have
the opportunity for us to have the minutes available at a cl' •f a
button in the review of our agendas, and it was very ni e. nk you.
MR. OCHS: You're welcome, sir.
Page 6
Proposed Agenda Changes
Board of County Commissioners Meeting
February 14, 2017
Continue Item 6A to the March 14, 2017 BCC Meeting: Public Petition request from Mr.
Christopher Flint regarding yard waste pickup for larger land owners. (Petitioner's
request)
Move Item 16A8 to Item 11D:This item has been continued from the January 10,
2017 BCC meeting.*** Recommendation to adopt a Resolution to hold a public hearing to
consider vacating an unimproved 30-foot wide public right- of-way described as "Avenue
B" and a portion of an unimproved 30-foot wide public right-of-way described as "First
Street," according to the COL-LEE-CO TERRACE subdivision plat, as recorded in Plat
Book 1, Page 32 of the Public Records of Collier County, Florida. The subject property is
located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11,
Township 50 South, Range 25 East, Collier County,Florida. (Commissioner Fiala's
request)
Withdraw Item 16A10: Recommendation to approve and authorize the County Manager
or his designee to execute an after the fact deductive Change Order No. 2 to Earth Tech
Enterprises, 2016 Beach Renourishment under Contract No. 16-7009.
This deductive change order item was included in the Change Order Report (16E8) in
today's Consent Agenda.)
Move Item 16D2 to Item 11E: Recommendation to decline an offer to purchase the Bank
of the Everglades Building for historic preservation and other public uses. (Commissioner
McDaniel's request)
3/1/2017 3:09 PM
February 14, 2017
Items #2B & #2C
BCC/REGULAR MEETING MINUTES FROM THE JANUARY 10
AND JANUARY 26, 2017 BCC MEETING — APPROVED AS
PRESENTED
Madam Chair, Item 2B and 2C are approval of the J. F a 10th,
2017, regular BCC meeting minutes and the January 2 t . • 7, BCC
regular meeting minutes.
COMMISSIONER FIALA: Motion to appre
COMMISSIONER McDANIEL: Secon .
CHAIRMAN TAYLOR: All those i 44-
11,4•r "
COMMISSIONER McDANIEL:
COMMISSIONER FIALA: Ay
CHAIRMAN TAYLOR: Ay
COMMISSIONER SOLI "-
COMMISSIONER SAt;, X S: Aye.
CHAIRMAN TAY * NEkk ose opposed?
No response.)
CHAIRMANALL 4 R: Thank you very much.
Item #4
lov
PROCL ONS — ONE MOTION TAKEN TO ADOPT ALL
PROCL A7VATIONS
Item #4A
PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY
19-25, 2017 AS ENGINEERS WEEK IN COLLIER COUNTY, IN
RECOGNITION OF THE ENGINEERS WHO LIVE AND WORK
Page 7
February 14, 2017
IN COLLIER COUNTY AND WHO PRACTICE THE
PROFESSION OF ENGINEERING. ACCEPTED BY NORM
TREBILCOCK, RALPH VERRASTRO, MARLENE MESSAM,
ALISON BICKETT AND WES KAYNE — ADOPTED
MR. OCHS: No service awards today, Commissioners.
That takes us to Item 4 on the agenda.
Item 4A is a proclamation designating the week o ary 19th
through the 25th of 2017 as Engineers Week in Coll' my in
recognition of the engineers who live and work in oier County and
who practice the profession of engineering.
To be accepted by Norm Trebilcock, 7 , errastro, Marlene
Messam, Alison Bickett, and Wes Kayn ou'd please step forward
and be recognized.
Applause.)6
MR. OCHS: Say hello to ,issioners, get your
proclamation, get a picture. o
u ow the drill.
Your name for the r- ! 4L, a ease.
MR. KAYNE: F. ut ecord, my name is Wes Kayne. Again,
my name is Wes K. n I work for Barraco & Associates, a local civil
engineering, lane eying, and planning firm.
I have a e .c or's degree in civil engineering from Florida Gulf
Coast Univ i Go Eagles.
To' ` • here representing the Florida Engineering Society,
Calusa iter, as our currentresident. Our chapter includes Collierpp
County and four other Southwest Florida counties with over 200
members.
We host a middle school math competition every year for over
120 students. We send the top teams and performers on to state. We
have several teams from Collier County who participate each year, and
they do fairly well. We also provide scholarships each year to high
Page 8
February 14, 2017
academic achievers looking to pursue a degree in engineering.
I would like to thank the Board for this proclamation. The
stereotypical engineer is quiet and reserved. We are proficient -- a
profession typically taken for granted or referred to when something
fails; however, Engineers Week is a time of year we try to raise
awareness about our quiet contributions to society.
There are several engineering disciplines: Civil, envi ental,
biomedical, computer, software, industrial, mechanic, e ical,
nuclear, to name a few.
All aspects of our daily lives are impacted by work of
engineers. From the alarm that wakes us to th- we drink, to the
roads we drive on, to the buildings we wor, .no the seats that you're1.
sitting in.
There's one thing all engineers ve i ommon: They use math
and science to solve real-world pre 0 A core value of engineers is
that they shall hold paramount tlq - • th, safety, and welfare of the
public. No matter who we a mg for, the public is our ultimate
client.
Thanks again, an honored to receive this proclamation.
Applause.) ,(
9s,
Ak
Item #4B
NIP
PROCL !"' . ON DESIGNATING FEBRUARY 19, 2017 AS
STUFF E BUS DAY," IN RECOGNITION OF A COMMUNITY
EFFORT TO "STUFF THE BUS" WITH NON-PERISHABLE FOOD
TO REPLENISH THE LOCAL FOOD BANK AND FEED THE
HUNGRY IN COLLIER COUNTY. ACCEPTED BY STEVE
CARNELL, PUBLIC SERVICES DEPARTMENT HEAD;
MICHELLE ARNOLD, PUBLIC TRANSIT AND
NEIGHBORHOOD ENGAGEMENT DIVISION DIRECTOR;
Page 9
February 14, 2017
OMAR DELEON, COLLIER COUNTY PUBLIC TRANSIT
SENIOR PLANNER AND KAROLE DAVIS, ENGAGEMENT
MANAGER WITH THE HARRY CHAPIN FOOD BANK —
ADOPTED
MR. OCHS: Item 4B is a proclamation designating February
19th, 2017, as Stuff the Bus Day in recognition of a co i it effort
to stuff the bus with nonperishable food to replenish th .to .`w ood
bank and feed the hungry in Collier County.
To be accepted by Steve Carnell, Public Sery itiik Departmentlier
Head; Michelle Arnold, Public Transit and Ne' Vii. s ood Engagement
Division Director; Omar DeLeon, Collier - ublic Transit Senior
Planner; and Carol Davis, Engagement
nom. ••,-
r with the Harry
Chapin Food Bank.
Please step forward and recOr proclamation. Steve
Sanderson with the United Way joining us this morning; and
Allan.
Applause.)
MR. SANDERS• od morning, Commissioners. My name
is Steve Sanderson, .n: ave the pleasure of being the president and
CEO of United e f oilier County.
It's a dist .s c I easure to share with you, in particular with the
newer co . "so ers here up front, the great leadership that the
county osago` e in the community, seen and unseen, started by Leo
atopat th -adershi , Steve Carnell and, as you just have learned, withp
Michelle Arnold and Collier Area Transit.
This is a tremendous partnership the United Way is proud to be
collaborator with, not only the county government and your great
leadership and Michelle and her teams, but Publix, Allan Crockett, our
leading Publix representative here in Collier County, as well as all the
locations that they're having with Harry Chapin Food Bank. So this is
Page 10
February 14, 2017
a tremendous community outreach, and we're pleased to be part of it.
Last year over 7,000 pounds of food, that's 7,000 pounds of food,
were raised through this effort. This year we're hoping to expand that
to double it to nearly 14,000 and adding nine locations, thanks to our
friends at Publix.
So with that, we're extremely grateful to the county, Leo and your
leadership, Michelle, Steve Cornell, Allan Crocket at the P bli , Carol
Davis at Harry Chapin, and for each of you as commisiit*- • or
allowing this great community work for the commo oi to occur.
Thank you for your time today.
Applause.)
MS. ARNOLD: Michelle Arnold, for q1'.e ord.
I just wanted to recognize Joyce Jac* e s. he's with Harry Chapin.
We were just informed recently that song to be retiring after 15
years with the service. So I just w. I d o acknowledge that and thank
her for her efforts that she's don entribute to this event.
Applause.)
Item #4C
PROCLAMATI OGNIZING JOHN HARRIS SPILKER FOR
ACHIEVING BOY SCOUTS OF AMERICA'S EAGLE
SCOUT ' =.A D FOR BEING SELECTED BY HIS PEERS
FOR T WINNER OF THE ARROW. ACCEPTED BY JOHN
HARRI ILKER — ADOPTED
MR. OCHS: Item 4C is a proclamation recognizing John Harris
Spilker for achieving the Boy Scouts of America's Eagle Scout rank
and for being selected by his peers for the Order of the Arrow.
I understand that John's Scout Master, Bruce Yedlin, of Troop
243, is here this morning and would like to make a brief introduction.
Page 11
February 14, 2017
MR. YEDLIN: Good morning to everyone. My name's Bruce
Yedlin. I'm the current Scout Master of Troup 243 here in Naples.
And I'm here today to introduce John Spilker.
John recently got scouting's highest rank of Eagle Scout. He
started 10 years ago at the age of six. He's also a member of the Order
of the Arrow. It's scouting's honor society for youth and adults.
His Eagle Scout project was building two oyster reef: .t
Cocohatchee River. John had to plan, budget, organiz •* . ' ' of
volunteers completing over 150 hours of volunteer d last,
John's family and John should be very proud beca n y 4 percent of
boys that go into scouting become Eagle Scou
So, John Spilker, congratulations. ,
s,Applause.)
MR. OCHS: John, come on up -••d et the commissioners and
get your proclamation, get a photo. l a r> you, sir.
COMMISSIONER McD Would the family like to come
up for the picture? Of coursikli
COMMISSIONER :AAS-. We need to shake the parents' hands,
too.
COMMISSIO 9S LIS: Yeah, we do. What a commitment.
COMMISS 4 R McDANIEL: Amen to that.
COMMI 11 R FIALA: What an honor.
Appliu
el ._
C -411, 0 AN TAYLOR: Can we hear from John on how you did
pleaseleasou've got to tell us a little bit. That's a lot of work. How
did he do it? A hundred and fifty hours. Was he out there getting his
feet wet?
MR. SPILKER: Yes, ma'am. It took a lot of work, but it was
definitely worth it. And I had my friends, family, and fellows in
scouting to help all along the way.
COMMISSIONER McDANIEL: What materials did you use for
Page 12
February 14, 2017
the reefs?
MR. SPILKER: For the reefs, we used culch, which is recycled
fossilized oyster shells. We put them in bags and laid them down in
big beds to help create a perfect spawning ground for new oysters.
COMMISSIONER McDANIEL: Nice.
CHAIRMAN TAYLOR: Did it work?
MR. SPILKER: I'm happy to say it did. I had some • ie ds
check out the sites just a little while ago, and they'resa i f, •t they're
seeing quite a bit of new oyster growth and a lot of 1 s ecies
moving in to inhabit the area; small stone crabs ani o er organisms.
COMMISSIONER McDANIEL: Great.
CHAIRMAN TAYLOR: Congratula ,,
COMMISSIONER SOLIS: Great s • ' .
COMMISSIONER FIALA: Pe ct • -a.
COMMISSIONER McDANI • ongratulations. Thank you,
John.
MR. OCHS: Well don-
Applause.)
MR. OCHS: Mai ._,•AL, air, if I could have a motion to approve
today's proclamatio s.
16 Iv
COMMISS R FIALA: Motion to approve the
proclamations o day.
COM. O NER McDANIEL: Second.
C AN TAYLOR: All those in favor?
CO 747" ISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed?
No response.)
Page 13
February 14, 2017
CHAIRMAN TAYLOR: Proclamations approved.
Item #5A
RECOMMENDATION TO RECOGNIZE CHRIS D'ARCO, SENIOR
ENVIRONMENTAL SPECIALIST, AS THE JANUARY 2017
EMPLOYEE OF THE MONTH — PRESENTED44V
MR. OCHS: That moves us to Item 5 on this % •14..i 's agenda.
Item 5A is a recommendation to recognize C D Arco, Senior
Environmental Specialist, as the January 2017 r•yee of the Month.
Chris, if you'd please step forward. „
Applause.)
MR. OCHS: Chris, stand right kreile I tell the board
members a little bit more about yo
Chris has been with the co ce 2006. Nick and are smiling
over here because we alway lip Niim. He's got the best job in the
county. He gets to ride are a . *, • i t in the water every day.
MR. D'ARCO. • R ents.
MR. OCHS: ea t` ere you go.
But I'll tell a hat, Commissioners, Chris' efforts over the past
years saved th- c ty thousands and thousands of dollars. He's been
relentless i• • ng with the Estuary Conservation Association to
repositiivii. gational markers to support our public safety and safe
boatingin the Wiggins Pass estuary. He's served as our projectggrY
manager in our recently-completed artificial reef program that restores
habitat and rebuilds fish populations.
In accomplishing this, Chris worked weekends, nights, every
spare moment to obtain permits, assure grant compliance, accomplish
deployment, and perform monitoring of this award-winning program
that highlights Collier County in our offshore environment.
Page 14
February 14, 2017
He's certainly a credit to our organization, very deserving of this
award, and it's my pleasure to present Chris D'Arco as your Employee
of the Month for January 2017.
Congratulations, Chris.
Applause.)
MR. OCHS: He never offers to take me out for a field trip,
though. 4\,)
Item #5B
iih ,
Now
PRESENTATION OF THE COLLIER CO d SINESS OF
THE MONTH FOR FEBRUARY 2017 T I
1411
44 E PRO LLC. TO
lb
ACCEPTED BY TOM WATSON, OPE INS MANAGER,
PICKLE PRO, LLC, SUSAN KUH A A, OUNT EXECUTIVE,
GREATER NAPLES CHAMBER I b I MMERCE, AND
BETHANY SAWYER, MEM : V,# IP ENGAGEMENT
SPECIALIST, GREATER 14
74. CHAMBER OF COMMERCE
PRESENTED
Item 5B is a pr-sto ion of the Collier County Business of the9, ,
Month for Febru, '01 awarded to Pickle Pro, LLC. To be accepted
this morning e II Watson, operations manager of Pickle Pro, and
Susan Ku -,;, a •ethany Sawyer from the Greater Naples Chamber
of Co •,
Oh, ql.dd. Todd Pree, the owner, is also here.
CHAIRMAN TAYLOR: So glad you're here. Well done.
MR. OCHS: If we can get a photo; if everyone would line up in
front of the commissioners, please.
COMMISSIONER FIALA: Boy, it's good having you there.
CHAIRMAN TAYLOR: So exactly what does Pickle Pro do?
I'm teeing him up, right?
Page 15
February 14, 2017
MR. WATSON: Yes. Well, thank you for asking. My name is
Tom Watson. I'm the operations manager for Pickle Pro, LLC.
I don't have a speech prepared. I didn't know I get a chance to
speak today, but I'll be happy to tell you a little bit about what we do.
Right along the I-75 corridor at Collier Boulevard we have an
actual production plant. And Pickle Pro makes pickleball paddles and,
as far as I know, we're the only manufacturing plant certai F ' the
state of Florida, and there's only maybe just a handful t t# • F out the
country. Most paddles are made in China, but we're -., :roud to
make them right here in Collier County employing% Tier County
residents. And we're very proud of what we d
We are expanding. We recently just od p a retail store in
our plant. It's the only one in the world t- .t*: , . - ow of where there's
a pickleball factory that also has a fa ry • tlet store. So we're happy
to announce that we have -- we jus °heed the store just a few weeks
ago.
And there are actually • . res throughout the country that are
contacting us now, and t N. ,. to carry our product.
CHAIRMAN T A ' a `' . Oh, that's great.
MR. WATSO : t, • we're going to be involved. As most of you
know, I think it's - • .'120th, the U.S. Open Pickleball Championship,
we are a proue s 9 : p sor of that event. We'll have a booth there, so if
anyone wo + :. to come and say hi, and we can tell you about our
product 4ivii ill be an opportunity for you to do that.
So MY e excited. We're looking at possibly getting into Dick's
Sporting Goods. We're in talks with them right now. So it's very
exciting what's going on with pickleball and Pickle Pro. And we very
much thank you for the opportunity and the award.
COMMISSIONER FIALA: I had the wonderful opportunity of
going to their first ribbon cutting as they're opening their plant, their
retail store, and then we -- there were quite a few of us there, so we all
Page 16
February 14, 2017
went through the whole plant, and we watched them make these --
make the pickleball paddles, or at least we saw how each step was.
Man, it was very, very interesting. Made all right here in the U.S.A.,
which I like even better, and right in Collier County, which is even the
best.
So I want to tell you, I can see nothing but going forward with
lots and lots of stuff. Bring plenty of product, by the way, . h-n you
come to the pickleball tournament, because they ran ot vp. • .duct at
other booths, so you'll want to be prepared. Thank y64
MR. WATSON: Well, we were very honore lb have you,
Commissioner Fiala, and we appreciate your " l e " ce and
everything that do in support with pickleba you very much.
COMMISSIONER FIALA: Thank o o much.
Applause.)
mt... .)Item #9A
dihi,\\-
1.
RECOMMENDATION .w 4, b •PT AN ORDINANCE THAT WILL
IMPLEMENT A TW 1 i ONTH MORATORIUM ON NEW
APPLICATIONS S STATIONS, CAR WASHES, PAWN
SHOPS AND S TORAGE FACILITIES IN ALL
COMMERCI NING DISTRICTS THAT LIST THESE USES
AS PERM ,
1°.
L 10 SES, BUT ALLOW FOR THESE USES TO BE
PROCE. N A S CONDITIONAL USES WHILE STAFF BRINGS
FORWA7n LAND DEVELOPMENT CODE AMENDMENTS TO
REQUIRE THE CONDITIONAL USE PROCESS FOR THE
IDENTIFIED USES. THE MORATORIUM IS GEOGRAPHICALLY
LIMITED TO BOTH SIDES OF U.S. 41 FROM THE PALM
STREET/COMMERCIAL DRIVE/U.S.41 INTERSECTION TO THE
PRICE STREET/U.S.41 INTERSECTION AND IS NOT
APPLICABLE TO EXISTING PLANNED UNIT DEVELOPMENTS
Page 17
February 14, 2017
PUD)S THAT HAVE SATISFIED CHAPTER 5 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE REGARDING
SUPPLEMENTAL STANDARDS FOR THOSE SPECIFIC USES
SUBJECT TO THE MORATORIUM, NOR TO ANY
APPLICATION FOR A DEVELOPMENT ORDER THAT WOULD
BE OTHERWISE SUBJECT TO THIS MORATORIUM WHERE
THERE HAS AT LEAST BEEN A PRE-APPLICATIO 1ETING
PRIOR TO DECEMBER 13, 2016 — MOTION TO HA \ Y AFF
QUICKLY MOVE AHEAD WITH A "CORRIDO I/Y",
ENGAGING THE COMMUNITIES AND BRIN Eitel WARD
INCENTIVES FOR THE TYPES OF DEVE x'411,l,i;' T IN THE
AREA — APPROVED
Se
MR. OCHS: Commissioners, t - tal0 us to Item 9A, advertised
public hearings. This is a recommva , t a n to adopt an ordinance that
will implement a 12-month mor a on new applications for gas
stations, car washes, pawn s a d self-storage facilities in all
commercial zoning distri t e U.S. 41 corridor with conditions and
stipulations previously -,¢,b . 'shed by the Board. This is the second
reading of this ordi n =.
lr
MR. KLAT_ i : And just for clarity, Mr. County Manager,
did we note th.t - item would be heard prior to 1 :30 p.m.?
MR. •,, . .• Yes. I did that earlier on the change sheet.
M WNA ZKOW: Thank you, sir.
CO ' '4ISSIONER FIALA: Well, the reason I brought this up --
I'll just give you a little bit of a background.
As you know, for about 15 years now we've been trying to
improve the appearance of the East Naples community, especially the
U.S. 41 corridor, because it's rather sad looking. And now that people
have found that some things are coming our way -- we haven't had
many yet. I mean, we've gotten a couple retail stores and a few
Page 18
February 14, 2017
restaurants, thank heavens, but we would like to encourage better
growth so that the people in that area can stay here and shop where
they live rather than having to go out of the area and clog the roads and
so forth.
And so we were hoping -- when I say "we," it's East Naples Civic
Association, for which I am on the board. Anyway, and so the only
thing I could think of was -- because it seemed like people buying
the property up now, oh, goodie, we've got property he e just
buy it up. But they were putting things in there like s rage units.
Well, heck, you can't go shopping in a self-storag: t. And once you
get a parade of them going down the street, no 010 : ` going to locate
their restaurant or their female clothing sto :Ills oe store or whatever
It
next to a self-storage unit, you know. T nt to be in an area
where you've got like businesses.
And what I'm hoping to do w i moratorium is to help
businesses thrive in the area, coNu he area, build their businesses. I
want to encourage that grow se we desperately need it there, as
many of you know when y„ P e around that area.
Anyway, so that's *,,,' • was hoping to accomplish. Being that
there were so many ,a t. ions, car washes, and also mainly
self-storage unit 40' 4 into the area, I thought, if we could just hold it
back. It's not A s a ! want to take away their property rights, because the
eP-
property o , e , ould sell it to maybe then encouraging -- as they
encoura•-susinesses to come rather than, when they're all done,
putting th - other things in. It's going to look like an industrial road,
and that isn't what we're hoping for.
We've got plenty of industrial roads. We need someplace that --
we only have two main roads in East Naples, Davis Boulevard and, of
course, you don't have much of anything going on Davis Boulevard. I
mean, it's mainly homes and things with a couple little added things
but, anyway, and then U.S. 41. But if we can't use U.S. 41 to
Page 19
February 14, 2017
invigorate the business community, to invigorate the shopping
opportunities, the restaurant opportunities, if those opportunities are
gone before we even get a start, we're going to just look like same old,
same old.
And so I was appealing to the commissioners to please help me
do that; however, we got a nice email last night from Rich Yovanovich
telling us if you put a moratorium in place, I'll sue the pantof you.
He didn't use those words, by the way.
And so I can see that there must have been a lot.4Q4ter plans to
put more self-storage units or gas stations or some 1 _ along that
corridor.
We've got many, many already. And t ow that we need
any more in all that one corridor. I don'te ° s em putting them in
anybody else's community; just our
So that was my purpose. I w. Ong to revitalize that area,
encourage people to use their pr , .` to, in the end, come up with a
better community that we ca' If . and that businesses can thrive in.
That was my purpose.
So by the time th •v issioners took it over the last time, they
watered it down to •.e or- like milk toast rather than a thriving plan
for the corridor. * I on't know that I have any support today, but
that was what s i rpose was.
And Ii. • ;"e ask the commissioners if they would think it
through se right now we would love to have all those owners of
the prope encourage businesses that we can use right there in that
area to open businesses on their property rather than -- you know, it's
easy to build a self-storage unit. You have one person operating it. No
overhead cost. It just sits there. You don't even need U.S. 41 to build
your self-storage units on because it's not a place that anybody can
drive by and impulsively go in and buy an ice cream cone. You know,
on the corridor it's an impulse buy.
Page 20
February 14, 2017
And you don't have that with a self-storage unit. They're lovely,
by the way. They're very pretty. And they would fit beautifully on a
side road or in a certain -- you know, maybe the entrance to it would
be on U.S. 41, but then it would go down the side road rather than
taking up a bunch of space on U.S. 41.
But I'd like to hear from the other commissioners.
CHAIRMAN TAYLOR: No one's light's on? Are ging to
press our buttons? Gentlemen? Anyone?
COMMISSIONER McDANIEL: Do you wantACtrl press our
button at the same time?
CHAIRMAN TAYLOR: Well, I'm watc I."I't_ , , Mr.
McDaniel. Okay.
COMMISSIONER McDANIEL: I ise,, as a matter of process,
do we want to go through the move is it a motion and a second and
have it discussed -- public input an NO?
CHAIRMAN TAYLOR:rely up to you. It's entirely up to
this board. You want to ma ion, see if you have a second?
COMMISSIONERILA lIEL: No. And it's, you know for
purposes of discussion ri i . issioner Fiala --
COMMISSIO F ALA: Yes.
COMMISS R McDANIEL: -- it's -- everything that you just
got done sayi • in full support of except the methodology. The
method -- . i
fir. derstand your rationale. But for me -- and I've said
40
this on .4%,"
w- regular basis. This is a property rights issue. The
circumsta"*'`es thatp revail with this suggestion is creating an unfair
business circumstance in the area. The exclusion of PUDs that have
similar type zoning would allow those projects to go forward where
those that are hard zoned and have been hard zoned for a long time
cannot go forward and are imposed upon with a conditional use.
I will pledge to you today, though I'm not going to support the
moratorium, that I would work tirelessly with you to develop
Page 21
February 14, 2017
incentives that we can put in place to develop a corridor study to
holistically view this particular section of road and find from the
community what, in fact, we want to see when we grow up,
necessarily.
And I would work to put in place incentives to do that.
Everything that you said I concur with 100 percent except for the
methodology. And please, from me to you, this isn't pers• 'al.
COMMISSIONER FIALA: I know that. I under t. . f at. I
understand that. When you talk about property right 10 think of
the people who live along there and the rights that 44 might have.
But don't forget, I'm a people person. I care -- 41 s , a developer
person. I'm a people person. And I want t•,e sure that the needs
of the people living in the area are met.
So if I have that, and if I undersand at you just said, would
you then accept that we task staff t c o forward and put it on the
front burner almost before anyt : - e to form a plan for that road?
We need a corridor study, a eed it desperately, and we need to
know what will go and w -4 be create -- what they can create to
make this a street, so -a • v escue it from where it's going, and bring
it into a thriving str- -t i at people in that area can use.
And, by the , . workforce, too. You know, one of the things
we have more . • ny other area in Collier County, affordable
housing lo e? our area, but they can't work here because there's
really ne + o work at. And same, by the way, with when you come
to the --nY ou come to the self-storage units. One person, you
know, what are you going to do? So they all have to drive to the
hospitals or to the hotels where they work.
And it would be nice to have some places right there in that area
that people can stay and raise their kids and stay and work instead of
driving, so...
COMMISSIONER McDANIEL: She asked me a couple of
Page 22
February 14, 2017
questions, if I may. I didn't push my button again because she was
talking.
CHAIRMAN TAYLOR: Okay. We've got a couple of other --
COMMISSIONER FIALA: And I'll be quiet.
COMMISSIONER McDANIEL: Do you want to let them go
first or --
CHAIRMAN TAYLOR: If you don't mind.
COMMISSIONER McDANIEL: She asked me c,.+
Lf. ,
CHAIRMAN TAYLOR: No, you finish up.
COMMISSIONER McDANIEL: Okay. Ani t on the note, if
you will recall, I was the odd man out the last ' - ` at this thing came
forward. And irrespective of whether it pa : •r ot, the vote that I
have has to do with how I feel, in fact,
god.,
evernance should, in
fact, go.
I would prefer that we take pry . ti /- steps as a government entity
to implement properties and pro " , ithin our communities that are,
in fact, of a benefit.
Though you have th- : ^ ' n that there are certain types of
businesses that maybe dl - 6 many or too much, there are jobs that are
created by construc o Ile f` nd utilization of storage facilities and gas
stations, and tatt. 3 6 ' lors, I think, was one of the others that were
included in th- % torium per se.
NoP
I wou t' o gh, support -- if you'll recall when I didn't vote for it
the last
vo
1 sked to repeal the ordinance and give specific direction
to staff to ork on incentives.
There was an additional supplemental correspondence within our
package from a local engineer here. Now, he's personally involved
with a project that is coming forward, but he offered some very
insightful incentivizations that we could direct staff to work to
implement into our Land Development Code that would incentivize
particularly the types of businesses that we're wanting to see.
Page 23
February 14, 2017
It might be a little bit cart in front of the horse because the
corridor study has not yet been consummated, let alone, you know,
been worked on at all, so -- but to that end, I didn't make -- that was a
long answer to your short question, and I will help. I will help to
orchestrate that. I would support that. Irrespective of whether this
ordinance passes or not, I will help.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: I have a questi e
County Attorney and then a comment.
Mr. Klatzkow, in terms of the correspondenc Illift we've received
and the issue of whether or not this type of mo 1m has to be
imposed with a more formal process, I'd h = "t to get your opinion.
I don't have a problem with moving forw • i h the ordinance, but I
want to make sure we're not creating it on that will result in some
litigation.
MR. KLATZKOW: Two ' eq ts: One, I know we're calling
this a moratorium but, to be Ali at a moratorium is is a temporary
suspension of an activity.7not suspending the activity. We're
putting a condition on a 4 ity. You can still move forward with
these uses; howeve t ' e going from permissive to a conditional
use.
So I don' e y think we're a moratorium here. We're calling it
that becau a e t know what else to call it other than a
zoning- -- ess type of thing.
Have said that, I don't believe the position that the attorney for
the developer brought forward is a correct one. I also don't know that
there's any purpose in litigating a procedural issue. If the development
community would like in the future for any moratorium to go through
the Planning Commission, I don't have an issue with that. I don't think
it's a good idea for the development because it just defers the issue on
this board by two months, three months if you're going to go through
Page 24
February 14, 2017
that process. And, quite frankly, the moratorium starts the moment
you start the process. So it's a delay. But if the development
community is going to want to go through that process, I don't think
that's a bad idea.
COMMISSIONER SAUNDERS: All right. Madam Chair, what
we tried to do at the last meeting was fashion an ordinance dealing
with the procedure that Mr. Klatzkow has just laid out for :.•os- four
uses, tried to lay out an ordinance that would get suppo );„• s the
Board.
Unless something's changed, I think there stil liblrobably support
for the ordinance that's in front of you.
You have indicated that this was watew1 o n to a point where
it's not effective. Does that mean that yo • • l't want us to go forward
with this ordinance, or what is your ire the ordinance in front of
you? Not the issue of whether or e should be a corridor study,
but specifically this ordinance t re getting ready to do something
with this morning.
I don't want to make : }4:* n to approve an ordinance that you're
not happy with. And i : • • *reference is not to move forward with
the ordinance, that's. 114.
COMMISS y R FIALA: First of all, I want to thank you and
Commissioner ..11Paniel for the sensitivity to this subject and
knowing h• i` I ortant it is to my community. I really appreciateI.
that; tha a lot.
An ant to do whatever is best to continue the improvement of
that area. And if the additions that you offered at the last meeting will
help us move forward with that, then I would accept it, as long as we,
you know, move forward with a corridor study and rather quickly and
put it on the front burner.
COMMISSIONER SAUNDERS: Well, just to get the issue on
the floor for decision, then I'll make a motion to approve the ordinance
Page 25
February 14, 2017
that's in front of us today. Obviously, we have a public hearing on that
and we'll hear from the public. But if there's no second on the
ordinance, then we don't need to go further with it, but I'll make the
motion.
COMMISSIONER FIALA: Okay. I'll second it just to move it
forward.
CHAIRMAN TAYLOR: Okay. There's a motion anaecond.
MR. OCHS: Madam Chair?
CHAIRMAN TAYLOR: Oh, I'm sorry.
COMMISSIONER McDANIEL: She just e 414 s me to start
talking.
CHAIRMAN TAYLOR: Thought it ,
i.,'
S'tissioner
McDaniel.
MR. OCHS: I'm sorry. At som of efore you vote, I would
like Mr. Bosi --
CHAIRMAN TAYLOR: er', , no. This is just -- there's a
motion, and there's a second .oor, and we're now opening it for
continued discussion. c.s •w. Thank you very much, County
Manager.
Commissioner o" ?
COMMISS y R SOLIS: And I am also very sensitive to the
issues and wh., , ' like to see happen. And I think it's something
that we do e "t s address.
At hearing I think I was the one that made the motion to
tryto co with some exception for the PUDs that have gonepp
through a compatibility analysis, but the way I think this is working
out is some of these uses have conditional use processes already, some
of them have additional standards.
I really think the thing to do -- and I'm going to have to agree with.
Commissioner McDaniel that we need to do a study and come up with
a plan that is well thought out.
Page 26
February 14, 2017
I'm also concerned with the case law that was presented. Yes,
that case dealt with Chapter 166, but it does say that in adopting a
moratorium that the usual process for a zoning change needs to be
followed. And I think -- I'm a little concerned that the way we've done
this on a procedural basis could at least open the door for something.
Whether they would prevail, who knows, but -- so I'm a little
concerned with that.
So I'm going to suggest, as Commissioner Fiala h is that
maybe what we do is we prioritize this for a corridor and go
through the process like that to come up with a pl. ikrt will address
the concerns that you have, which are totally v, . t ;e nems.
CHAIRMAN TAYLOR. I think befo , e ote on this and
before we hear from Commissioner Mc I , 1 d like to hear from
Mr. Bosi, please, from the Planning •a ent.
MR. BOSI: Good morning, C hj•ssion. Mike Bosi, Planning
and Zoning Director.
Specifically, I guess, in ''\nship, are you looking for a
reaction from the Plannin: !I z. ment?
From what I've h- . ` I where this conversation started, it all
started with the Eas '111..1-s Foundation conducting a corridor study,
but that was bac n 8 and '09, and it identified a number of uses and
issues associa ,d 'th this corridor.
And . er e issues that were associated with this corridor in410
that stu , . r e depth of these commercial properties. And some of
the reco 7endations were to encroach those commercial properties
into the residential neighborhoods that sit along this corridor. So
there's a lot of other issues just -- other than just what end-specific uses
we would like to see and what we would like to promote.
One of the things that staff has struggled with as we thought about
how we would go about within the Land Development Code process is
we really -- you know, there's some vision within that East Naples
Page 27
February 14, 2017
corridor study, but the specifics aren't as clean as we would like to see.
And as I had mentioned, '09 is when that was completed. We're 2017.
There is quite a bit of history between now and then. What is that
vision of the community?
So we don't have -- you know, when I hear the Board talking --
and I think the wise step has been identified in the sense that we need
to go out and speak with the community on an individual e=4 Si to
understand where they see these opportunities, where t -t to see
the specific end uses.
One of the things that we have within our co especially
within that strip zoning, is your range of uses A 11 i our C4, your C5,
and C3. There may be some uses that the c•
ili:u ity feels are
pincom atible. There may be some uses t .t - want to provide extra
incentives that have been identified b the 'immunity, but how we get
there and how we have certainty of NO what this community is
looking for, we don't have that - ' o e in place.
So when I hear the Boa .\ et's go out, let's engage that
conversation with the co . K , I think is a much better way to
identify those end uses . 'a ,` en direct our Land Development Code4111
amendment team to , 1 e ent what was the end results.
Now, the o tt . g I will say is, from a staffing perspective, that
won't be our .ne 1p evelopment Code/LDC team out there trying to
engage in t t r is process. That will be something we'll work with
the adm ion as to, you know, whether it's going to be something
we'reg of to contract out or how that's going to be moved forward,
because the LDC team's finishing up the golf course amendments,
which are pretty -- are very important, expected in May in April that
that's to conclude.
We've got another cycle of amendments. There's also discussion
later on for 11A, which is another amendment cycle for -- related to
the marijuana dispensary facilities.
Page 28
February 14, 2017
There are a number -- there are a number of LDC amendments
that have been sitting in abeyance for a year, year and a half as we
have worked through the various gas stations moratoriums, the golf
course moratoriums, the public school -- the charter school
moratorium. We've had a lot that has distracted us from moving ahead
with a lot of amendments that we know we need to move forward.
So there's a lot on that team's plate. We will figure o.. w.th the
administration of who's best to conduct and engage wit iv 8 corridor
study, which was led by -- I believe was led by a loc a - ing firm
when it was conducted back in '08, '09. But fromistandpoint, I
Nx
think it would give us a much better template •If . our LDC
amendment team if that's the direction thato rd chooses.
MR. OCHS: Commissioners, I wa to. -t some expectations, or
at least understand your expectations or the point in terms of the
schedule of these things.
We talked not too long ag •'I the four restudy initiatives that
are already underway by yo = t planning staff As Mike has
mentioned, if we're -- the . ou have in front of you today is not a
recommendation to ad. 6. . F oratorium subject to a corridor study. It's
to adopt a moratori114 b ect to future Land Development Code
amendments tha ld create a conditional-use process for these
types of uses. h ifferent than a full-blown corridor study.
If tha ': wira the Board wants to commission, absolutely, that's
what w-' . tut I want to set some expectations on the schedule for
that beca I know everyone's anxious to get that done sooner thanry
later. But we need a sense of the Board's priorities with the -- you
know, with the staff that we have.
We still owe you a report on how to get some additional resources
applied to the four restudy initiatives, let alone taking on a new
corridor study.
Mike?
Page 29
February 14, 2017
MR. BOSI: And I would add -- I was just in a conference -- a
meeting with Kim Grant and Cormac yesterday going through the
initiatives of the housing study affordable -- the housing affordability
study, and there's a number -- and depending upon some of the
selections of the course that the Board would like, there's going to be
additional workload that's associated with those with a number of those
proposals, whether it be on the GMP side or whether it be t e Land
Development Code side. But we'll get more into that o th of
February during the workshop.
So there's a lot that have been initiated that w ve to work
through and sort through. That's going to plac ' s of pressure within
that LDC amendment team.
CHAIRMAN TAYLOR: If I may apu a question. If you
forgive me, Commissioner McDanie
COMMISSIONER McDANI • ou can.
CHAIRMAN TAYLOR: not being facetious. I'm not
being silly. I'm not setting ye o I just want to frame this all. But
what is it you want?
COMMISSIONE A A: What I want to do is I want a
corridor study to th o de to us a road map for what we're going to
look like, and th ,: i you have -- if you know what you want to
look like in th- e 4 it gives you a direction so that then people who
want to bu1 u esses, who want to build something new, wants to41110
bring it rea, they'll say, here's what I'd like to focus on, rather
than righltew there's no direction whatsoever, and I don't think that
that helps people who are in business to -- because they don't really
know what you need, and so that was my main point.
The corridor study and -- but to keep the area available so that
when the corridor study is done they've got the road map and people
could say, well, yeah, I can use that with my property, or this will be
better, or I could make more money on this one rather than that one.
Page 30
February 14, 2017
You know, this way then we'll have something.
And maybe it says you're only allowed to have 12 gas stations
rather than 33 or something, you know. I'm being a little facetious
because I know that that's not even in the plan. But still, you know, so
you have an idea of how many gas stations or how many -- now, the
self-storage, they're all three-story self-storage units now that are
planned for the East Naples U.S. 41 corridor right now.
Well, how many can a corridor handle -- by the w. 1pp si don't
even need -- they don't even need to be seen from the 64. s They work
real well off the road, too. How many do you nee ,1114. to e up precious
land that we have? As Mike said, it's only a st 1) t ght now it's just
strip zoning that you have there other than t 1 tle places where
extra land is that you can build anythingte, ou know, a small
shopping center or a small area that c he a few little businesses.
And -- but we need to know ilisinesses we need or what
types are needed, and that youh%e go out to the community for.
And if it needs to be done bside team because you guys are
already on overload, you - k 'ust as long as it's a great team, it's fine
with me. I don't care do. I just want to give us a road map
before it's too late.11
CHAIRM A A LOR: And correct me if I'm wrong, County
Attorney. If p-o• have purchased the land with a certain zoning over
that land, te they build on that land or not, if we change the
zoning ove some of the uses on that land, maybe replacing
them wit •mething else, but let's just for the sake of this discussion
say we're removing some of the uses, gas stations, pawn shops, car
washes --
COMMISSIONER FIALA: Self-storage.
CHAIRMAN TAYLOR: -- self-storage, does that leave us open
for a Bert Harris claim?
MR. KLATZKOW: You are generally vulnerable to a Bert
Page 31
February 14, 2017
Harris claim if you downzone a property; however, Commissioner
McDaniel has been talking about economic incentives in order to
effectuate what Commissioner Fiala would like. That's a much
different kettle of fish.
So depending upon board direction, between the County
Manager's staff and myself and my staff, we can fashion something
that I'm not concerned about litigation on if those are the s a eters.
COMMISSIONER FIALA: Could I ask a questin 4. _' ° n't you
now in the process of taking a look at a lot of antiqu z ning that --
you know, back when they were first put in place ee ' Os and '80s,
nobody had ever expected to be building giant 40 •. gas stations with
24 pumps in a community. They had thou_ onged on interstates
and so forth.
So we are thinking of maybe toZ.3 etter look at what we used
to have -- I know we've talked abit just don't know whether
anybody's moving on that or no . hat we have a better idea of
what fits now compared to years ago.
MR. BOSI: There's , ere's no study, there's no effort related
to an evaluation of the a c: g strip zoning. That was done during the
zoning reevaluatio .r ',r.m in the early '90s.
We do hay- 2n ryx D amendment that we need to get to that deals
with gas stati• I s th over 16 pumps and additional design standards
that this bo, . . e prior board had directed staff to initiate. But
there's t in terms of an analysis of the existing strip zoning that
sits withi ay, the U.S. 41 corridor, and as to whether we wanted to
evaluate the appropriateness of that individual zoning. There's been no
direction in that that's been provided.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. Just as a couple of points.
If you'll rewind back to December 13th, I actually voted for this
moratorium to go forward, but it was at direction and a request that I
Page 32
February 14, 2017
asked our County Attorney with regard to a process that I defined as a
simple exemption process. And the rationale behind that was to assist
in managing the unintended consequences that come from making not
necessarily as well thought out planning and plans as, in fact, could
have been done.
And I even said it then, that I'm sure there are people along this --
there are more that know than did on December 13th, but l er- are
people along this corridor that own property that are i p.av,, - ,. •y this
decision, and I didn't want those folks that were alre in ome form
or process or in contractual arrangements to, in fa•11 their property
to be negatively impacted by this decision. A I 1 ple exemption,
in mymind, was not a conditional-use rocP.proc
that imposes at least a 12-month
16
every procedure
anywhere from 60- to $100,000 in a •ddi ' nal expense associated
with it and then at the same time cr • 'lit an unfair business
circumstance. If we have a hare . - • piece of property here zoned
C5 that's allowed for self-sto r :- 0 it and a PUD that's next door, the
PUD's allowed to go forty... •h • , but the conditional use requisite for
the hard-zoned piece off. • r rty is going to delay that project for at
least 12 months, im o a a other 60- to 100,000 in expense, and this
guy's already bu. a s rented before this guy actually breaks ground.
And so I u. •rted the thought process, the theory, because I
fully under nki here you're wanting to go, and that's why I then said,
in Janu. -s not do the moratorium but direct staff to come forward
with
inceill es that we can do. A corridor study is the perfect example
of how we can get there from here.
Although I'm perceived as more developer friendly than some, I
am a people person as well, and I would be as adamant about this
process if we were talking about people's homes because, in theory,
this necessarily could be imposed upon by us as well for people's
residences. And I don't want that process.
Page 33
February 14, 2017
I believe that moratoriums at large are a reactionary state that are
an advent of circumstances that have prevailed to not allow for proper
planning, for people to have -- for our governments to take proactive
steps in the management of our systems, and that's where -- that's
where I go.
I think good governance ought to come from more proactive steps
than a reactive step.
CHAIRMAN TAYLOR: Commissioner Solis?
COMMISSIONER SOLIS: As I recall at the fiite ring, we
had some discussion, and I think it related to what issioner
McDaniel was referring to, some expedited or - Ite. ll , abbreviated
exemption process.
Is there -- excuse me -- is there anyt 'n hat we could do to
address the issues that Commissioner ial ants to do -- wants to
resolve short of a corridor study'? . , hought we had some
discussion about that. Is there : ng -- I understand a corridor
study's a big time commitm- fill' ' big staff commitment, and we'd
have to address that, but i ..x' : something short of a full-blown
corridor study that we 6 a se to at least go out to the community,
understand what of re are of concern, what other impacts there's
going to be, and you know, get that information from the
community w' having a full-blown corridor study?
MR.S nless there's -- you know, that individual
ip
converse a , ith the public about other range of uses and their
opinions 7Pen those, I mean, we do have some insight that was
provided by the corridor study that was conducted in '08, '09, but it
didn't have the specificity in terms of the exact locations, the exact
range of uses that they thought that was appropriate.
So we could utilize that as a template, but without those
community meetings, without speaking to the actual individuals who
live along that corridor in advertised public meetings, it's a difficult --
Page 34
February 14, 2017
it's difficult to discern, you know, the specificity of what that -- what
those end uses should be and how they should be shaped.
And what I've heard, an approach towards where we limit the
number, we place additional design standards, and then we have a
contrary where we have an approach where we're going to incentivize
other uses, and maybe that incentivization is the approach that would
make one parcel more inclined to be developed as a use th we're
preferring than a self-storage.
But I will say -- and the one thing from a plann' spective,
self-storage facilities in Florida with limited attic •a'- and no
basements, they are neighborhood-serving in 41 ,` ways. They most
certainly serve basic neighborhood needs.
Self-storage facilities -- the one thint I it say, Commissioner
Fiala, it is not the East Trail that is th n1 • ace that self-storage
facilities are being developed in
thi
a ty. They are being developed
all throughout Collier County, . a reaction to the needs of the
household, the demand that ': created by the individual dwelling
units for those individual s.
COMMISSIONE w A: I know that they're all over, Mike.
Are they all on the a§
ill
t oroughfare.
MR. BOSI: storage facilities are a conditional use within C4
zoning. They .re permitted use in C5 zoning. In PUDs it will be the
individual ut the way that our zoning works is we want those110
type of . . ses the most exterior from your residential community,
so they a 1.an those corridors. That's where the location of your
self-storage facilities are.
And we have those design standards, where self-storage facilities,
they're not those -- the old roll-up garage doors, they're not allowed to
be within any of the primary facades. They have to be architecturally
designed to where they look like offices.
And the one thing -- and I think what -- your exception with the
Page 35
February 14, 2017
self-storage facilities is they're not a pass-by traffic-generating
business. They're not end users where it's a service or it's a restaurant
where you could consume. It's basically -- it's very -- it's a low
intensity use. It's neighborhood-serving, but I hear what your concern
is that you fear that the proliferation of those uses will somewhat
diminish the opportunity for some of the other personal services that
you'rehoping to develop in a more robust fashion.
I will say we have in the Lely area -- we are -- an ‘'dubbed
it "the restaurant row," so there are some personal s ' e and type of
uses, I think, that you want to promote that are find their way to that
corridor.
So, in recognition of that, I think that 2a?ê some uses that are
responding to that market demand, I thi t you've identified.
COMMISSIONER FIALA: TIP,. e a hree self-storage units or
self-storage divisions right there in i tN.me corridor, and there's
plenty; of course, there's others i io Road and there's on Davis
Boulevard, and there's other qiiii ' There's a lot of them in East
Naples.
I'm just saying th. 6 ow, you put it perfectly, I'd like to
lh
have some services o 1„ e community other than that.
MR. OCHS•issioners, our estimate of a --
CHAI ' 4 A AYLOR: May I just, in summary, in summary,
what we h. i a situation if we have a moratorium, which is a limited10
moratorn ‘12 months, what will happen is during that moratorium
PUDs ca •me forward and have the uses and build the uses that we
are fashioning this moratorium on, right? So it's not really going to
address the bigger picture. If we don't address the bigger picture, then
what we're doing is it's a Band-Aid on a wound that will fester
underneath.
So what if we -- what if we -- and I'm not -- you know, I've been
quiet because I'm trying to listen and trying to figure out how we can
Page 36
February 14, 2017
meet your needs, maybe not as quickly as you want, but there are ways
within government, I would think, that we can put a notice that we are
to initiate a corridor study. Not that it would prohibit anyone from
building what they want, but it would be very clear that the best is yet
to come and it might behoove folks to wait and see what the outcome
is. Am I -- is this pie-in-the-sky kind of conversation?
COMMISSIONER FIALA: A little bit, because I d• 't t a ink
anybody's going to wait. As they can find a fast buck, hl; = going to
do it.
MR. OCHS: Commissioners, maybe we can 140 at an approach
that initiates a corridor study quickly. It prob. r") . take six to eight
months to get that finished and back in fro h• board if we contract
it out. And we have planning firms on
te46 •
ntracts that we can
move quickly to do that.
And perhaps at the same time, . 1c 4 to Commissioner McDaniel's
earlier point, we could go backi. • •k at an incentive approach to try
to influence some of the dev • . nt community to take advantage
through incentivization o •es of projects or developments that
you would be intereste a •w' . hat way we're kind of attacking this thing
from two different r :e ives.
COMMISS R FIALA: It sounds good to me, as a matter of
fact. I mean, . g now is better than where we are. We definitely
need a cornsilt a dy, and as long as we're involving the community in
that -- a a . ' '1` s exactly what you said -- I think that's important.
So r .:Ft now I'll take any great plan that you have to offer at least
that gives us a sounding off point. And you know what? I just want to
thank everybody for trying to work with me. I know that it's -- you
know, it's tough for some people, but this is very important to our
community. And so I appreciate the sensitivity that you-all are
showing. Thank you.
CHAIRMAN TAYLOR: Well, we have one plan on the Board
Page 37
February 14, 2017
right now, which is a motion and a second. Could we repeat that
motion?
COMMISSIONER SAUNDERS: Madam Chair, if I might, well,
the motion was to approve the ordinance that's in front of us, but I
think based on the conversation we should -- you should withdraw
your second, I should withdraw the motion.
COMMISSIONER FIALA: Okay. Will do.
COMMISSIONER SAUNDERS: All right.
CHAIRMAN TAYLOR: So we need to hear a ell-Motion if
you think we're done with the discussion and we c , _o orward here.
COMMISSIONER McDANIEL: I hit m :"
CHAIRMAN TAYLOR: Oh. IS
COMMISSIONER McDANIEL: 1 , dy was first;
Commissioner Solis.
CHAIRMAN TAYLOR: W.
COMMISSIONER McD A :\ ": Forgive me.
COMMISSIONER SO 441 'ommissioner Saunders was first.
CHAIRMAN TAY .'ommissioner Saunders?
COMMISSIONS ttiA,6 DERS: The reason I hit the light was
to suggest withdraw t "e motion so that we could substitute
something that w bemore meaningful.
CHAI ' A AYLOR: Commissioner McDaniel?
N.
COM i>' NER McDANIEL: And I'll endeavor to do that if
If
you wo 'ulge me, and I would like for us to make -- I would like
to make a "1 otion that we direct staff to come forward as quickly as
possible with a corridor study, unless -- and I don't want to say corridor
study if the definition of corridor study is not what I'm actually
thinking. But it is imperative that we engage the community as
quickly as possible to ascertain the wants of the community in this
particular area.
So I would recommend that we direct staff to move forward with
Page 38
February 14, 2017
that process, whether it be a corridor study or any other study at the
same time interimly developing incentives, some of which that have
been suggested in the -- as a basis in the supplemental to our board
package today, but incentives to incentivize, particularly, types of
development that we want to see in that particular area. Is that close
enough?
MR. OCHS: Yes, sir; that's great.
And some of those incentivizations may develop, o ,
through the corridor study planning process.
COMMISSIONER McDANIEL: Absolutel
MR. OCHS: And if we can bring them f. 1 ;A faster than
others, we will. If it makes more sense to II. ,th-m all together, we'll
certainly do that as well.
CHAIRMAN TAYLOR: Do I paye>econd for the motion?
COMMISSIONER SOLIS: I' ec nd.
COMMISSIONER FIAL nd.
CHAIRMAN TAYLO ' issioner Fiala has seconded it.
All right. All those 3- • .
COMMISSIONE k.w DANIEL: Aye.
COMMIS SIO r
Fl
ALA: Aye.
CHAIRM A A LOR: Aye.
COMMI A R SOLIS: Aye.
COM ': O NER SAUNDERS: Aye.
C - , 0 AN TAYLOR: Those opposed?
ponse.)p
CHAIRMAN TAYLOR: It carries unanimously.
COMMISSIONER FIALA: Okay. And, again, thank you for
helping us. There's some incentives already waiting on the ground, by
the way. These old buildings that are kind of deteriorating, somebody
can take ahold of one of those buildings or all of those buildings and
upgrade them and improve them; they have no impact fees. So
Page 39
February 14, 2017
anything that would have been paid on an impact can instead be used
to modernize the building or whatever. That's a great incentive.
And it can be anything, by the way. Say, for instance, it used to
be a doctor's office. Two people in the office and now they want to
build a restaurant there, they can go ahead; still no impact fees. So
those are good things.
MR. OCHS: Right. Yes, ma'am.
CHAIRMAN TAYLOR: Thank you very much.
MR. OCHS: Thank you. 44''`...\
COMMISSIONER FIALA: Thank you, eve o e.
Item #1 OA
S'''''S '
w
RECOMMENDATION TO AUTHO.' IZTHE COUNTY
ATTORNEY TO ADVERTISE A k t '+O INANCE FOR FUTURE
BOARD CONSIDERATION T OULD INSTITUTE TERM
LIMITS ON COMMISSIO 416 i HEREBY AN INDIVIDUAL
SHALL NOT BE ELIGI . _ R ELECTION AS A
COMMISSIONER FO ' ' ` ' THAN THREE CONSECUTIVE
FOUR-YEAR TE ' 11— PPROVED
MR. OC • S. hank you, Commissioners.
That w v?:: •s along to Item 10A on this morning's agenda. This
is a reco. • • i ation to authorize the County Attorney to advertise an
ordinanc r future board consideration that would institute term
limits on commissioners whereby an individual shall not be eligible as
a commissioner for more than three consecutive four-year terms.
Commissioner McDaniel brought this item forward.
COMMISSIONER McDANIEL: Am I allowed to speak, or do I
have to hit my light?
CHAIRMAN TAYLOR: No, no. You are allowed to speak.
Page 40
February 14, 2017
You brought it forward.
COMMISSIONER McDANIEL: Yes. And just as a point of
clarification, it's as much a topic of suggestion and discussion that I
would like for our board to have.
This was brought to me on a regular basis as I was coming
through the last 12-month adventure I sought to seek election and gain
election in November. And I met with considerable publi u ort
along the way.
The proposition that I brought forward today is term limit.
It does not impact two of our existing board at thie. Both
Commissioner Solis and Commissioner Taylo ` 1 • s moves forward,
would not be impacted until their next reel.-,;t does impact
Commissioner Saunders, Commissioner a,:u and myself because the
term starts at the last election on Novpnib e 8th.
The rationale for three four-y- s was to offer necessarily
anyone within our community 1 % the right to seek election and
become elected, who maybe familiar with government and
systems and processes as • - " 7 e, to actually get elected and one term
to learn what to do an. 11 . do and how to effectively operate as a
commissioner and t e" wi.more terms to help the community and go
forward.
So that w.s rationale with three four-year terms, so...
CHA .,TAYLOR: Commissioner Saunders?
we
C• 1' IONER SAUNDERS: Another question for the
CountyA ;: me . I have no problem with term limits and, certainly,Y
12 years is certainly enough. But my question for the County Attorney
is just on the record: Can we impose term limits via ordinance and, if
we do, can that ordinance be repealed at any point in time by a
subsequent commission?
MR. KLATZKOW: Yes to both. Yes, you have the power to do
this; yes, a future board has the power to undo this.
Page 41
February 14, 2017
COMMISSIONER SAUNDERS: Could we bind or create that
type of a term limit via an election or some other methodology?
MR. KLATZKOW: No. We're a non-chartered -- we're a
non-chartered county. If you wanted to convert to a charter form of
government, that would be the process.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN TAYLOR: I listened -- read your age ,a i em with
great interest. And the idea that I would be here 12 ye.r' ;.i; the next
two years is kind of-- I can't imagine that. So we al ' eve his
disclaimer, you know, it doesn't count to me, you lev,it doesn't
matter to me. But to me it matters in a broade
Being the newbie two years ago, I ca ' u how valuable the
long-term commissioners, such as Co s er Fiala and
Commissioner Henning, were in my lib tion on issues. They
would say, but don't you remembe 's appened, this happened, this
happened, and this went on.
And that's not -- I reme a at one item. That's not what you
testified. That's not what : . 7d here. You came here six years ago.
That's not what you sa' « V .V. that was from you. You know what I
was talking about.boutA 't elped me so much in the course of how I
thought about th' -no what I -- in my deliberations.
But whe • -- you know, I come from the city. There's term
limits in th'„ itsi. istwoterms, two four-year terms, and then you're10
off, but su can run again for counsel in another two years
because 1 of by district. So there's ways of skinning that cat, and we
do it all the time.
When we limit the amount of time a commissioner can be voted
into office, we limit the people's power to voice who they want.
Witness my colleague to the right. I mean, nobody, they'd be in their
right mind to run against you, because you do the people's work or you
wouldn't be here. So that's a consideration I have.
Page 42
February 14, 2017
The second consideration I have is when you limit the time that a
commissioner can sit up here, you empower, unintentionally, staff,
because staff can be here for 30 years or 25 years.
COMMISSIONER McDANIEL: Look at Leo hiding his head
over there.
CHAIRMAN TAYLOR: They kind of hold all the goods, in a
way. They know how it's run. Am I suggesting that we ne.-d
commissioner here for 30 years? No, but there is that .0 . racy
which I think, because of the term limits in the state, s • issioner
Saunders, it's what's happened, right? You're alwa %-w coming in.
You're always trying to -- and once you just g-, 1. wings, and then
you're gone, and it starts again.
And so, you know, I'm very open t :Singing -- and I'm the only
one talking, and I don't see any lights ere -- to comments on this, but,
ly
you know, it's been a point/counte ' t 'n my mind since I read it in
the agenda last week.
COMMISSIONER Mc ef4
h
I'll hit my button just so after
Commissioner Saunders ! • 7 can say something else, so...
COMMISSIONS t .,&66 DERS: Well, I wasn't really going to
make a comment th t ',
slur,
orth anyone hearing. I was going to say,
you might want . a to your ordinance that no one can serve for 12
years, step do d come back again.
COM ' NER McDANIEL: I'd be happy with that.
IONER SAUNDERS: I'm kiddingabout that,C just
because t‘ s what I did. So I'm just kidding.
CHAIRMAN TAYLOR: Yeah, but you moved, right?
COMMISSIONER McDANIEL: And, you know, in that light,
present company excluded on both of those issues. I mean,
Commissioner Fiala is certainly an exception to the rule for why I
brought this forward. And it was said to me quite regularly through
the process how wonderful of a commissioner you are, how wonderful
Page 43
February 14, 2017
of a public leader that you, in fact, are.
I am also an advocate of the ballot box being the term-limit
process, but I oftentimes have felt that a due process, new ideas, the
new positions add for a more vibrant, engage community, and that was
not that you're not. Again, you are the exception to this, and --
COMMISSIONER FIALA: You don't have to be kind to me. It's
okay.
COMMISSIONER McDANIEL: Okay. Well, I i 4 to you,
but it's -- you know, Commissioner Taylor brought a singular
fact, and I just wanted to reiterate that it doesn't ha%, ything to do
with you.
This is necessarily, I, as elected count
111.
1 issioner, have -- had
promoted this idea as a platform, receive ordinate amount of
the onlyone that reallyAsamatteroffact, I think y
ws -
didn't think it was such a great ide. . Q
COMMISSIONER FIAL ' 4 •n't even remember not thinking
it was a great idea. 11
COMMISSIONER ' ILA 1 IEL: But that being the case, that's
iiilthereasonIbroughtit . ' so...
CHAIRMAN _ AaL V R: All right. Commissioner Solis?
COMMISS $ R SOLIS: I would just like to comment that
being new to t u e b • .rd, you know, it is wonderful to have someone
like Corn - ,is ` -r Fiala that has so much knowledge of the history of
what C•. ounty has become. So whether it's three terms or four
terms ce IP ly is open to debate. And, you know, I'm not necessarily
against the term limits, because I think it does serve a purpose.
My question is -- and I can't remember who I was speaking with,
but have we ever had a commissioner that's actually been a
commissioner more than four terms?
MR. KLATZKOW: If you go through the hall --
COMMISSIONER SOLIS: Other than Commissioner Fiala.
Page 44
February 14, 2017
MR. KLATZKOW: If you go through the hall, which is what I
did the other day, just looking at the pictures because I was curious,
very few commissioners actually served as long as Commissioner
Fiala served. It's a rarity. It's usually eight years. And I'm guessing
one of the reasons it's eight years is because that's when FRS kicks in,
to be blunt. And you get vested with two terms in FRS, and I think
that's at least a partial consideration for it.
COMMISSIONER SOLIS: Well -- so just to fini ertainly
and I do appreciate the way it was drafted to addr two-year
initial -- hopefully initial two-year term, that it wo 1110't impact that.
But, again, I'm open to it. I just -- I am sensiti '1' i e fact that we
would lose some institutional knowledge, ., N se what Commissioner
44
Taylor mentioned about, you know, crea, I : it situation where we have
to rely more and more on staff, not t - wt. ouldn't rely on staff, but
that because of the turnover on the : r that it can become an issue.
CHAIRMAN TAYLOR: .. o!i issioner Fiala?
COMMISSIONER FI A . 4 es. I have two questions. The first
one is, if we have -- I do T, a two-term limit or a three-term limit
and say, for instance, t 1 • -,i ; on -- now I'm not in this, okay. I'm just
talking in general --
101. . -rson is really doing a great job for their
constituents, and don't want that person to stop, is there something
in the law that. a hat you can do something to allow them to extend
it, or is it d•+- "e d, three-term period?
M 1, YA ZKOW: Absent the Board changing the ordinance
again, itid be the drop-dead three-term limit, yes.
COMMISSIONER FIALA: Okay, fine. And the second thing is
and I see with the term limits, sometimes you get somebody on
board -- and I'm not saying this has ever happened here, but on board
that you feel that is not serving the community well and is not doing
any better, but because they're an incumbent, they'll get elected
anyway even though they shouldn't be.
Page 45
February 14, 2017
Now, that happens in other areas. And you're thinking, you
know, why would they vote for that person? I'm thinking of one in a
homeowner association right now. They hate him, and he got
reelected. And I'm thinking, why would you get reelected? Well,
because he's the incumbent. So there's that thing; that's where this law
would come into effect and really help a lot.
But, you know, I don't know -- that's why I was aski th
question if it could be changed for that particular situat'o 4• - ause
sometimes people will vote for the incumbent becau e-'ve heard
the name enough, but they don't know whether th. it son's been a
good governing person or not.
So I throw that on the table. That's re.ru . I'll tell you about
that later, fellows.
CHAIRMAN TAYLOR: Mayb the -- maybe because they hate
him, he remains the head of the ho,4 k4aers --
COMMISSIONER FIAL he's a bully.
CHAIRMAN TAYLO ' okay.
Commissioner McD.
COMMISSIONE t '. DANIEL: There's two points of
discussion. And, y
ti14 o ` , really, I suggested three four-year term,
and I'm not ada bout that. If it's the pleasure of the Board to
raise that to f• r, fine. The premise is the message that was
t.
requested with regard to folks that I spoke with to bring this
issue fo rr' .
I'm ° ' stuck on two, three, four or anything necessarily; one,
two. As the County Attorney has adeptly suggested -- and you're
going to find out my thoughts on amending ordinances that the Board
creates in a few minutes -- we do have the option, the Board does have
the option, if this ends up not being a favorable circumstance to make
an amendment such as what you've discussed, and necessarily a special
exception if there is an exemplary person that wishes to carry on or
Page 46
February 14, 2017
something along -- we can amend the ordinance at any stage of the
game.
What -- my suggestion here was based upon folks that I deal with
on a regular basis and the rationale of new ideas, new thought
processes, by no means detracting from the experience. But with the
experience, I just will add, sometimes those experiences aren't all that
happy.
COMMISSIONER FIALA: That's right. CV
COMMISSIONER McDANIEL: And there are. . o 'ons that get
involved when decision-makers are in a position of141 period of time.
And, positive or negative, that was the rationa --,
Do you want me to make a motion to i
February 14, 2017
motion and second at 12? Let's leave it alone. If it's going to come
back, we can amend it at that time.
COMMISSIONER McDANIEL: Agreed.
COMMISSIONER SAUNDERS: We can think a little bit about
that.
CHAIRMAN TAYLOR: All right. Good.
COMMISSIONER FIALA: All in favor?
CHAIRMAN TAYLOR: Yeah. All in favor? 41Y
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Ay 9,""
COMMISSIONER FIALA: Oppose --
CHAIRMAN TAYLOR: I am -
COMMISSIONER McDANI • ou're not in the middle seat
anymore.
CHAIRMAN TAYLO ' 1141Nopposed for reasons stated. Thank
you. 4-1.
MR. OCHS: Mao air, it would be appropriate to take your
10-minute break at i ' e.
CHAIRM •LOR: Yes, it would.
You kno . v4 t, Troy, I didn't ask. There are no speakers on
this? I wo a7s d me you would have --
M ER: No, ma'am.
CHaIT' AN TAYLOR: Okay, good. Thank you very much.
It's time for a break.
MR. OCHS: Be back at 10:35, Madam Chair.
CHAIRMAN TAYLOR: Yes.
MR. OCHS: Thank you.
A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mic.
Page 48
February 14, 2017
CHAIRMAN TAYLOR: Thank you very much. So we are now
moving to 11A, sir; is that correct?
Item #11A
RECOMMENDATION TO DIRECT THE COUNTY ATTORNEY
TO ADVERTISE AND BRING BACK TO THE BOA' P OF
COUNTY COMMISSIONERS (BOARD) AN ORDIN A THAT
WILL IMPLEMENT A TEMPORARY MORATO ' .; ON
CANNABIS DISPENSING BUSINESSES FOR le ONTHS TO
ESTABLISH THE APPROPRIATE LAND DoCi •PMENT CODE
AMENDMENTS. NOTE BY COUNTY A R EY: APPROVAL
OF THIS ITEM WILL IMMEDIATELY ti; ‘, ENCE THE
MORATORIUM PERIOD PENDIN F It RE BOARD ACTION
ON THE ORDINANCE — APPR
dam Chair.MR. OCHS: That's co - a
1 lA is a recommen. - *30 I direct the County Attorney to
advertise and bring ba4 i • dinance that will implement a temporary
moratorium on ca i d spensing businesses for six months to
establish the app t p to Land Development Code amendments.
Mr. Bosi a ' t ake a brief presentation or respond to questions
from the B : 0
C AN TAYLOR: And do we have speakers on this item?
MR747 HS: I believe we do, ma'am.
MR. MILLER: Yes, ma'am. I have two registered speakers.
MR. OCHS: Mike?
MR. BOSI: Good morning again, Commission. Mike Bosi,
Planning and Zoning Director.
At the direction of the Board of County Commissioners and
working with the County Attorney, we've brought forward this
Page 49
February 14, 2017
six-month moratorium to deal with the land use that we have -- we
have no allowance for within our Land Development Code, and that's
the dispensaries for medical cannabis based upon the action of the
voters from last November.
We've modeled this around a six-month period. The way that the
process will work, between March and April, the legislature will work
out through a statutory process of working out the templat of the
regulations.
Currently, the way that the regulations fall and because
medical marijuana in a certain form is allowed for ry narrow list of
ailments, they currently have a structure whic ense holders --
now it's seven. There's seven farms that ar-,
to `
n e holders to allow to
grow and dispense the form of cannabis, i°9 . e anticipate that that
system will move forward.
And the aspect of the system, C,, that is appreciated from a
local level is the farm -- the fa my have to grow it, but they
are the ones that have to dist AN as well. It doesn't allow for a
middleman to be within t -;41'' k• "ess.
So right now they e n current license holders that are
authorized by the st*to o e dispensaries, the growers and
dispensaries. Th- - ome state -- there's some legislation that's been
shopped arou . number of those different dispensaries trying to
help the lob't '"s. We've received a number of them; have reviewed
them.
Our tial thought was we would approach this and approach the
system for how we would set up this -- the locations similar to how we
deal with dispensing of liquor license, meaning distances from schools,
from community facilities, from various other activities that might be
sensitive to it, but also having some sort of criteria which limits the
number.
One of the things that -- the model ordinances in some of the
Page 50
February 14, 2017
ordinances that have been adopted have a system that limits the
number of dispensaries within a jurisdiction, about a ratio of about one
to 67,000. In that respect, it would be about five to six that could be
supported by Collier County.
So there's a number of different -- a number of different options
that we're going to contemplate as we work out, and we're going to
model what -- the directions that the state's giving us clue sugh the
month of March and April to provide us to help shape , ,V .t
ultimately may be.
And with that, I would -- I guess, any questio tit: concerns that
the Board would like to express?
CHAIRMAN TAYLOR: I don't thi e any lights on,
unless I'm not reading this correctly. I
guss
have Commissioner
Fiala.
COMMISSIONER FIALA: put this on the agenda,
actually, but I'd like to hear fro ' It= .eakers first, if we can.
COMMISSIONER Mc eV As would I, and then I'll hit my
button.
CHAIRMAN T A v 4 ``• All right. Very good.
ftMR. MILLER•
w .
v= two registered speakers at this time: Bill
Barton, and he w. ' .- followed by Ellie Krier.
MR. BA' 1 : Madam Chairman, Commissioners, for the
record, my, . -" s Bill Barton. I'm here today speaking on behalf
myself, a concerned citizen of Collier County. I reside at 106
Mooringk Drive in the City of Naples.
As most -- as many of the Commissioners are aware, I spent a
good part of my professional career being retained by the development
community and, as a consequence, I generally look to scants (sic) on
moratoriums, zoning moratoriums or building permit moratoriums;
however, every tool -- in this instance a moratorium is a tool -- has its
place. And in this instance, I believe that a moratorium in the
Page 51
February 14, 2017
development of modifications to our zoning code is a very appropriate
tool.
Let me explain why. And I'm going to expand on your staff a
little bit. And I'm not an attorney, but I have one sitting next to me,
and I have two on the board up here. So when I stray from the facts,
bring me back to the straight and narrow.
The citizens of Florida made a decision that the use okmArijuana
in certain instances for medical uses was appropriate.1,
Nt
amendment, however, doesn't tell us how to implem h
amendment. That process, instead, goes to the leg toure where it
currently is and is currently being debated. A A 4 "- the legislature
has determined what they believe the amen•• , t ays how it should
go forward, it will then be passed probab s • etime in March, likely
make the governor's desk sometime i•. a nd, if the governor signs
it, it would become law July 1st of .i-ar.
The process then goes fortnce the statute is approved and
becomes law, it then moves n propriate agencies in the state of
Florida, and they're oblig- : •k s omulgate the rules by which that
statute will be impose s I 0 I he state of Florida.
In talking to se wledgeable folks, that rule-making process
generally takes a t w six months.
So here - _1 we're March for, perhaps, a statute, May, perhaps,
this gove ; s i_nature, July 1st it becomes law, and then we've got a
roughly :'ail , +nth period for the rules to be promulgated.
No e're toward the end of 2017 before andd your staff willY
even have an understanding of the statute and the rules that will apply
to you in trying to change your ordinances to fit within the guidelines
of those rules and that statute.
I would suggest that the moratorium is not only appropriate, but I
think it's too short. We've got -- we have to have time for you, after
you get the rules, to then make that ordinance.
Page 52
February 14, 2017
CHAIRMAN TAYLOR: I'll allow you to continue.
MR. BARTON: I have only -- I'll conclude with this:
Throughout my career, there was an old proverb that I tried to think
about often, and that is that planning without implementation is
futility; implementation without planning is chaos. I would suggest
that trying to implement our local ordinances to accommodate rules
that we don't understand or even have in hand yet will leadOleachaotic
decision.
I urge you to pass this moratorium not only on onth, but
on a 12-month basis. Thank you.
CHAIRMAN TAYLOR: Thank you.40
MR. MILLER: Your next and final
sic,
rson this item is Ellie
Krier.
MS. KRIER: Good morning,a hair, Commissioners.
I'm speaking -- for the record, i ' 1 :llie Krier, and I'm speaking as
the interim executive director o " _ Free Collier. The new executive
director starts tomorrow, an ' ' .e announced sometime today.
But in the meantime, I ha providing transition for them, and it's
been a pleasure.
And like Mr. : . rug Free Collier certainly acknowledges
that medical mai' . ,a or debilitating illnesses has been approved by
the state of Fl. is . and we must make decisions locally about that.
Mr. B o . provided you with an excellent overview of the
14
process d Drug Free Collier urges your proposal for the
moratori , but I will go beyond that and say, since protecting our
children from substance abuse is our top priority, that whether you
agree or disagree with moratoriums, whether you think six months or
12 months is appropriate, I would urge you to include the community
in the development of the draft of the Land Development Code that
will implement this, Drug Free Collier, Collier County Public Schools,
other interested citizens, so that you have full community input as you
Page 53
February 14, 2017
go forward to bring these forward. Whether you do it in a tight
timeline or a longer timeline, whether you wait on the state or not,
please make sure you involve all of us who have the experience that
we can bring to the table for you so that we can get the best solution
for our community.
Thank you so much.
CHAIRMAN TAYLOR: Thank you. No lights are N.)
Commissioner Saunders?
COMMISSIONER SAUNDERS: I don't recal e's a motion
on the floor or anything at this point. 0
CHAIRMAN TAYLOR: No, there isn't.
COMMISSIONER SAUNDERS: I' o go ahead and
make the motion to move this forward. .e . ue of the 12 months
versus six months, I have no issue at w4 it being 12 months if
that's -- if that is the desire of the d. Then I'll make the motion to
amend the proposal that's in fro•' 0 s to do a 12-month moratorium.
COMMISSIONER FI A Aral ` d like to second that motion.
COMMISSIONER - 1 ERS: When this comes back, if we
feel that six months is ' ' - ght number, we can always amend it at
IIthatpoint.
CHAIRM A A LOR: All right. There's a motion on the floor
and a second. o , issioner McDaniel?
COM NER McDANIEL: Yes.
lb
WAlik 4 say it out loud. I am not in favor of moratoriums at all.
I would rd'er we takep roactive steps in managing this monster. This
is coming at us, as has been pointed out. This is inevitably going to be
law. Our staff has given us some direction that we could
accommodate this zoning or this use within the C3 process as a
conditional use with limitations, and similar restrictions that apply to
liquor stores and prohibitions being within churches and schools and
the like.
Page 54
February 14, 2017
I would -- we -- as we've also learned today, that we can adapt
and adopt and amend ordinances as they go along, and the
implementation of a moratorium on the pretense that we don't know
what it's going to be is not how I would prefer to go.
It's going to be legalized. The electorate -- we are sending a
message to the electorate who voted in favor of this to not necessarily
abide by it on the pretense that we don't know what it's go' ' _ t• be.
Are there going to be conditions that we need to a s,*- '''
Absolutely. I would prefer that we adopt -- there ar nicipalities
or counties that have adopted, accepted ordinance to egulate this
industry; 11 so far. I have three on my desk t . i actually looked
at. And I would prefer that we take proacti IIIP e e in managing and
regulating this industry rather than a wait n ee approach that comes
along with a moratorium.
I would rather we focus our eison working our legislators to
allow for a larger portion of the e streams that are inevitably
going to come from these ty A acilities. We have true socio needs
here in our community. ow that close to in excess -- on an
average basis, 247 bed F jail are occupied by some form of
mental illness or d di tion.
Incarceratio.- i of rehabilitation. And if we can take a potential
negative for o I unity and garner the revenue stream and reapply
that reven .t -a back for rehabilitation and education for the true
socio ne 1 are there, I would rather we take those proactive steps
than a wa nd-see approach with a moratorium.
CHAIRMAN TAYLOR: Thank you. Commissioner Solis.
COMMISSIONER SOLIS: I like, Commissioner McDaniel, am
generally opposed to moratoriums. I think, however, in this particular
instance, this is new to everyone. This is something that's -- we're in
unchartered territory. And my question was going to be whether six
months was enough given the fact it -- I think that -- the only change to
Page 55
February 14, 2017
Mr. Barton's timeline on that is that the rule-making has already begun,
actually.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SOLIS: The state's already in the process of
promulgating the rules, and that has to be done by June. But what was
of more concern to me was really the legislation that's now pending
which go from one side of the spectrum to the other, wherreghs land
use issues related to the dispensaries would be left tote t local
governments. Another one, I think, preempts that to s r te.
So we may have a lot to do. We may not ha - a 'yt ing to do
depending on how that ultimately is resolved.
So I would be in favor -- I'm in favor • ' te ding that to a year,1110
because I'm not sure that six months wo e us enough time to do
the analysis that we need to do, but I' not ing to put words in Mr.
Bosi's mouth about how long this , to e. But, ultimately, we're not
going to know what we need to .i .,nything, until all -- it's resolved
with the legislature and the D % ent of Health. So I would be in
favor of extending that as - h. •• a year.
CHAIRMAN T A
i 4 N . Thank you very much.
Commissioner i. •?``
COMMISS y R FIALA: Yes. And I believe that that's what
you said, Co a r oner Saunders, was up to a year. I like that idea
myself S• - A • said before they want to manage it, and that's true,i.
but we earn what we need to manage before we can manage it,
and we h71, to have the time to be able to do that.
One of the things we're learning -- I belong to the Florida
Association of Counties; actually, I'm on their board of directors for
the Florida Association of Counties, and one of the things they're
learning are some startling facts about happenings in other states, and
the states weren't prepared at all for the financial impact that is now
getting to them through this because it happens fast, it happens
Page 56
February 14, 2017
quickly, which is the same thing as fast, I guess.
And I think we need to put the brakes on, take a little time to
figure out where we are, learn from the other states, learn from the
Florida Association of Counties what's happening so that we can better
manage what we're going to be dealing with here.
And then we need to find out what our legislators in Tallahassee
are going to be proposing for us. We can put together a pl.
F4 o start
this thing, except we don't even know what they're goi I'+ ,` l.. So
until we know what they're going to do, it's silly for ake any
plans. It's, again, the cart before the horse. So I to 16 agree with
Commissioner Saunders' motion for a year.
CHAIRMAN TAYLOR: Commissio e •a nders?
COMMISSIONER SAUNDERS: .,'I a . you, Madam Chair, and
this is really more of a comment for # , stoner McDaniel.
Not all moratoriums are equa , .1 s aybe we can get your
support for this, because I think ' right decision. Let me give you
a couple reasons why I thi 4% .0 should vote for this.
Right now pharmaci.:. * •ermitted in certain zoning districts in
Collier County. And s• ' '440 seen getting phone calls and emails from
people from within
ot1,
4 e County and from out of state wanting to
know when they -: a a en up a pharmacy. And so if we got an
application to. • :s: a zoning district for a permitted use for a
pharmacy, ii TO sure how we could say no to that application.
No ,e have a moratorium on pharmacies that are dispensing
medical ijuana, then I think we've carved out an area where we can
say to an applicant, we're going to develop rules for that type of a
pharmacy, and so you're going to have to wait until we do that. So I
think there's a good reason to do this.
One of the concerns a lot of communities have is that if you have
a large number of these dispensaries and they're not profitable, then the
people that have invested in them may wind up selling marijuana out
Page 57
February 14, 2017
the back door.
There is evidence that's been provided to the state in terms of the
number of pharmacies required to serve the needs of patients that have
prescriptions for, you know, those types of medical conditions.
The number is somewhere around 50- to 60,000 residents per
pharmacy. So there are some communities that are developing
licensing procedures to license a number of pharmacies to t t e
number of people in their communities.
That's why we need a moratorium, because we • A:tow,ow,
number one, what the rules are going to be but, nu`r two, we may
very well start getting applications tomorrow 61? - 0 I le to open up
medical marijuana pharmacies in areas wh e re currently
permitted. So not all moratoriums are th a I think this is one that
most communities are implementing.
CHAIRMAN TAYLOR: OkA emmissioner McDaniel?
COMMISSIONER McD A Well -- and I would agree with
you, Commissioner Saunder • 1 moratoriums are the same. But,
you know, for purposes o • cussion as we're going forward, we're
going to have specifics e language for the actual ordinance that
we're in fact going a •
y.
coming up at another time.
So I'm goin o forward with it at this particular stage on
pretense, be a y a tat this rubs me the wrong way. I'm a proactive
person, ane p - -r to be. But -- and I certainly -- you may want to
comme ilk i at's, you know, our theoretical capacity to provide for
economic',ability for these dispensaries and the opportunity for those
dispensaries to be selling out the back door, we're never going to
control that from a government level. I hope you understand that.
The illegal distribution of drugs at large is an entirely different
discussion than what we're, in fact, having here. So just keep it in
mind. It's -- I would rather take proactive steps. I really believe that if
we could work with our legislature -- legislators to garner a larger
Page 58
February 14, 2017
portion of the revenues to come back to our community, we have true
socio needs in taking proactive steps to manage those socio needs.
Again, I've said it once, I'll say it many more times, incarceration
is not rehabilitation, and we have dire needs in those regards that this
potential revenue source could be utilized for.
So with that, I'll second or third your motion, and we'll have a
look at it when we vote on it next.
CHAIRMAN TAYLOR: All right. Commission r,,,v. ° ders?
COMMISSIONER SAUNDERS: Then, Mada h'z 'r, just to
wrap up. We don't need to have a moratorium in •1 . - or 12 months.
If we get the rules from the state, and we unde '14 a what we want to
do, we can adopt an ordinance and lift a
m404,, i m at any point in
time.
COMMISSIONER McDANIE Ri .
COMMISSIONER SAUNDE hat's just the outside limit.
COMMISSIONER McD Agreed.
CHAIRMAN TAYLO ' % ight. So we have a motion to enact
a moratorium for 12 mon , - ss, depending on the action of the
state, and we have a se, b 0 a ..
All those in fa or
COMMISS g R McDANIEL: Aye.
COMMI 1 R FIALA: Aye.
CHA '. ; i TAYLOR: Aye.lima
C I IONER SOLIS: Aye.
CO re ISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed?
No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you very
much.
Item #11B
Page 59
February 14, 2017
RECOMMENDATION TO ACCEPT A REPORT ON THE
OUTREACH AND POLLING EFFORTS THAT CAN BE
PERFORMED QUICKLY TO MEASURE SUPPORT FOR
REAUTHORIZING THE AD VALOREM LEVY FOR
CONTINUED ACQUISITIONS UNDER THE CONSERVATION
COLLIER PROGRAM; REVIEW MILLAGE OPTIONS• D
PROVIDE GUIDANCE — MOTION TO USE UP TO LION
OF MANAGEMENT FUNDS FOR ACQUISITIO ' W `•'OSES,
ADDING IT INTO THE NEXT BUDGET CYC 1116 LY,
HOLDING A REFERENDUM IN 2018 TO I THE
PROGRAM FOR 10 YEARS AND AUT Z G THE
NECESSARY BUDGET AMENDMEN APPROVED
MR. OCHS: Item 11B is a rec' ndation to accept a report on
the outreach and polling efforts n be performed quickly to
measure support for reautho e ad valorem levy for continued
acquisitions under the Co - lon Collier program.
Your Parks and ' . 'on Division Director, Barry Williams,
will present.
MR. WILL Good morning, Commissioners. Barry
Williams, Par s ecreation Director.
And, „ ' . .Chair, if you like, I have a short presentation for
you to ighlight the i tem, or if you -- if you'd like --
MR.HS: Go ahead.
MR. WILLIAMS: Okay.
Just to start our conversation, we did want to share a photo of
Pepper Ranch. We took a photo a couple of months ago and captured
three panthers coming across the land, so we wanted to share that with
you.
Just in looking at this item, what we brought forward was a
Page 60
February 14, 2017
discussion about possible options and asking the question. And so, as
you're aware within the executive summary, we gave you some
information. The Trust for Public Lands did a short poll before the
item was brought before you recently, and I just wanted to summarize
that for you as you can see on this slide.
Again, 62 percent of the community were supportive of the
question that was asked. And in looking at if there was a ' cease of
25 mills, we saw that 26 percent indicated the price m • V 4 O
difference.
Just to mention again, the TPL poll was co • oned and
funded by local environmental organizations t II' ' •! a Robau call
system that they had. And we do have repr to'` ves that were
involved with the poll. Pegeen Hanraha re this morning as well,
who could speak to you about that po. if have specific questions.
But also we wanted to bring fl, a I some options for your
consideration. Certainly, there -''• -r options that you could also
look at. But the three that w d • Tied for your consideration were
these three. ar,
First of all, if you decide to start the millage again, you
could accept the da Illthe current TPL interactive voice response
poll as sufficient • 11 vance an increase October 1st. So that was one
option identifi d.
The o -r ` . s an option -- and we did get a proposal from the
Trust fo c Lands to do further polling that would be more
intensive, ould be phone calls that would include people, not just
land lines but cell phones and face-to-face interviews, and we did get a
price for such a poll. We do understand that that's an option for you as
well in terms of waiving the procurement process to appoint them.
Again, just to remind you, TPL has been involved in Collier
County for many years. The Fleischmann property that was acquired
for the Naples Zoo and Gordon River Greenway, they were well
Page 61
February 14, 2017
involved in that process and helping us with that decision and that
making that move. So certainly well respected in the nation for land
use and acquisition. So those two options are the ones that would
involve TPL.
A third option is kind of a hybrid, and Senator -- senator. Forgive
me, Commissioner Saunders, on thinking of the history here.
CHAIRMAN TAYLOR: I think you can refer to hi s
senator.
COMMISSIONER SAUNDERS: That's okay.,,,A
MR. WILLIAMS: Commissioner Saunders ai .rought forward
an item from the Naples Daily News, and it ki aA.. NI' eld the hybrid
proposal that looked at, perhaps, a poll that 1. ind of answer the
question today in terms of whether the p 11 as supportive of
increasing a millage for acquisition/r- !cq tion, and then at the next
opportunity, which would either b- A • I` st or November of 2018, to
put the question before the voter a referendum. So that hybrid
option was one that we want + . to put forward for your
consideration.
With that, with th-Fs s, again, just to give you some sense of
what kind of dollar w% e ooking at, you can see what a range of
millage increase ld produce in terms of acquisition from 7.8 to
19.6.
What ¢ -' " ecommending to the Board is actually asking the
questio s of what direction you'd like to go with this in terms
of a surv •nd also a direction regarding possible General Fund
millage options that you'd like to pursue.
The other thing that we wanted to point out is if the decision is
made to obtain additional polling from Trust for Public Lands, to
waive the procurement process for our vendor selection.
And, finally, given where you might want to go with this,
authorize any necessary budget amendments for either the additional
Page 62
February 14, 2017
polling or regarding an FY 18 budget adjustment based on the direction
of the Board.
And so we've given you a menu, I think, of things to consider.
And at this point I'll stop and see what questions you have for me or
perhaps your speakers that are here.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'm all for moving o and
with this. I think it's a great idea. TPL took kind of a 114; ey, but
I think that they've captured what the community its is to do,
and that is just great. ilik
I didn't notice a start date or an end date ell0 lite this stuff,
although I would guess it would start right -. 1110, a d move forward.
But I would love to hear if any of th o .-r commissioners have a
thought about having it for a 10-year ri or a five-year period or a
two-year period and also if they fe- awe should go to referendum
to get the poll of the people. B t want to wait for a referendum
to start the project. I think w % ttld start moving toward that
referendum.
And, again, as I s. v ,,, ,--17171 or end date. We should probably
have that, because •,. e t e things we really received applause for
was that we had . d date and we stopped at the end date. And we
put aside $32 41 i • that are sitting there to take care of that land for
Nio--
well, fore l`i : as we're all going to be around, anyway, and we
have to qiii, ler that, too.
As 75.s amount, I don't know, a quarter mill or whatever
anybody else wants to discuss. What did we have last time, quarter
mill?
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Okay. And that seemed to work out
just great. And so, you know, those are my thoughts. Whatever you
guys think is a good idea is fine with me.
Page 63
February 14, 2017
CHAIRMAN TAYLOR: Commissioner Solis?
COMMISSIONER SOLIS: My position really hasn't changed
because, you know, the program started with a referendum. We asked
the voters if they wanted to -- were willing to increase their millage
rate for this purpose. It was extended by referendum. You know, if
there's anything we've learned, I think, in the last year, polls maybe
don't mean as much as we think they mean.
And, ultimately, to gauge the public's interest in t i ich,
again, I think it's a wonderful program. It's purchas great
property for preservation. The photo of Pepper R.10 and the panthers
was great to see.
But I think this is an optional thing th n ed to present to the
voters. And, yes, I think the information e'' .ve would show that the
voters are interested in it.
The hybrid is really the same Cin my opinion. And if we're
going to use funds from the maii". ce fund to purchase property but
then if the voters don't appro "! en we'll have to pay it back either
by increasing the millage t • P ng funding from some other program
that we need.
I mean, it's -- fii r e, is six of one, half a dozen of the other. I
understand the i of it. And, again, I think it's a matter not of
whether we s t a u so this; it's how we get there. And I think we need
Ne
to present e voters. There was one other issue that I wanted to
present, : law I can't remember what it was.
CO ' ISSIONER FIALA: Join my world.
COMMISSIONER SOLIS: Yeah.
COMMISSIONER McDANIEL: It will come back --
COMMISSIONER SOLIS: Yeah. Oh, I know what it was, and
that is that, again -- and I went back and looked at this. The properties
that are on the active acquisition list that's prepared by the CCLAC, the
Conservation Collier Advisory Committee (sic), are the same
Page 64
February 14, 2017
properties that have been there from at least 2011, and I think before
then, maybe even back to 2008.
They're the exact same properties. And the properties that are at
the top of the list are not properties that are going to be flying off the
shelf, you know, for development. They're just not.
And so the urgency for doing this without going to the voters, I
think, is -- I mean, we're worried about something that's r- . ly of
going to happen, that those particular properties are su •=v _oing to
be developed in some way. They're just not properti al .re ready to
be developed, or -- otherwise they would have belt) en off of the
list, because each year the owners of the prope. I ve to respond to
Conservation Collier whether or not they wlit o ontinue to offer the
properties for sale.
So these are properties that hav ee n there, they're going to be
on there, and I just don't see the se o rgency there to take this
decision away from the voters a want to increase their tax
burdens to do this, we shoul• lib '`,-m say so. Thanks.
CHAIRMAN TAY -' ank you. Commissioner McDaniel?
COMMIS STONE DANIEL: Mr. Casalanguida, would you
11
queue up my prese at .
I sent a one a communication to the board members last week
with regard to • osal. I'm diagnosing it as a compromise, but it's
not really ., • • omise. It's actually a suggestion on a different way
maybe I effectuate where we want to go with this, still provide
for a refe dum vote, and also support the program with current
acquisition as we go.
I am very much in support -- and I'm going to read the
PowerPoint presentation. I would like it to be -- I wanted it to be
presented today so it could be a portion of the public record. But we --
I am a proponent of allowing this to go back out for a referendum vote,
and that's the main pretense here.
Page 65
February 14, 2017
We've done a brief analysis of the current program, the $32
million or so that we're -- that we have appropriated in the existing
trust fund and a far more accurate methodology of calculation than
what I had originally ascertained from this 32 million.
We actually have -- if you go back to the prior slide, please. We
actually have funds -- if we do nothing in this particular adventure at
all, we have funds to maintain the current land holdings cl r ut
through 2099, in excess of 80 years.
I'm proposing, necessarily, that we allow for up44,illion of
the 32 million existing in the trust to be transferrer o -r to acquisitions
on an as-needed basis. Now, I had no real wa ' .. ' ertaining what
was going to be bought or when it was goi b- bought, so I just
took the worst-case scenario, entire 17 m' i s ' drew that out,
necessarily, today, and, with that, ap p :ed Ai - same rationale with
regard to inflation, increase in acre..t- ds ditional expenses. But we
still, with the 15 million left in ditec 1 t fund, have reserves to support
the operational maintenance tiLsNservation Collier lands through
2054, pushing it out almo 11, -ars, and allowing for us then to take
care of the acquisition r . e being recommended to us that are on a
11
more urgent basis, to .in for us to take this to a referendum and
actually do a ref um that would allow to -- allow us, as was done
in the past, to e a bondable instrument at which point on the
election in ' T sroposing that we do it in November just because we40
have a !, ' •umout on the November elections than August, but
allow us IP reate a bondable instrument upon which our Finance
Department can calculate a carry cost with regard to that. We would
really be able to have immediate funding for all of the acquisitions and
future maintenance going forward.
On the outside chance that the referendum didn't pass -- although
I truly believe it probably will. There probably is positive sentiment
for this process to go forward -- we would still have ample revenues in
Page 66
February 14, 2017
the trust fund to operate and maintain Conservation Collier and not be
in dire straits or be in jeopardy of running out of money in the future
with regard to that.
Secondarily, we haven't had a shot at the budget yet. This board
has not had a shot at the budget yet. We haven't had a discussion,
opportunities to discuss the actual expenses that are associated with the
Conservation Collier lands. Potential revenue generators t t could
come from these -- ownership of these lands and thing t e might
do to generate additional revenues.
And, third, and this is an answer to Commiss' • olis'
discussion, one of the things -- and it's not nec- ' you know,
who knows what the legislature's going to I ., t ings go forward, but
illo
there is legislation being proposed in Tal . ee to preempt activities
such as this that's coming up on the '.or a this spring, and which
would move it to a referendum vot .• e- .ective of what we wanted to
do.
So my thoughts are, ag. '1i ng proactive steps to manage this,
allowing for acquisitions -:. sk-! ately. The propositions that are today
options that we have " don't do any of that. We can't necessarily
initiate the tax until i 4. I get cycle and collect it next budget cycle,
and then taking i referendum.
The prop 4 sa at I've suggested here allows for acquisitions to be
loP
made imm e aand still take it to the referendum, create a bondable
instrum- ""0i fund up everything as needed. That was a mouthful;
all in five: es bythe way. Yes, ma'am.F ges, Y
CHAIRMAN TAYLOR: Thank you. And I'm not sure who was
first, but I'll start on my left.
Commissioner Saunders.
COMMISSIONER SAUNDERS: This is one of those things
where -- it would really be nice if we had a unanimous board on an
issue like this, but I don't think that that's going to happen.
Page 67
February 14, 2017
COMMISSIONER FIALA: A what, please?
CHAIRMAN TAYLOR: Unanimous.
COMMISSIONER SAUNDERS: Unanimous vote would be nice
on a project like this, but I don't think that's going to happen.
And I want to hear from the public, because the public may feel
that Commissioner Solis is correct, that we should do nothing until
there's a referendum; the public may feel that Commissio •cDaniel
is correct, that we should borrow from the managemen . . ,s uy
some property now, put it on the ballot in 2018, and termine
whether that's going to go forward.
What I'm proposing is different. It wouls e a tax increase
during this budget cycle without a referend +,. n I know that that's a
hard thing for elected officials to do. I s a hard thing especially
for Republicans to do; we're all Repuica s.
But what I'm going to propos- to ing Commissioner
McDaniel's suggestion and begi ` _ he process of evaluating new
properties and acquiring
new
NNi. 'mmediately, borrowing from the
fund that you've pointed • . . A. re there's $32 million in it. That
would take care of, per s . t • ome issues immediately.
Then, during t•e : det cycle in July of this year, impose the
quarter mill tax t two-year period. And we only can do it for one
year at a time, .u=<k at would be theoretically for two years, to generate
more fund Sir ere acquisition during that two-year period, and then
put it o 42i, : . of in November of 2018. If it -- if the initiative fails,
which I 47 t think it would, but if it did fail, that would be the end of
the program. We would still have to provide some additional tax
revenues to repay the Management Fund if those funds were expended.
But that's where I'd like to see us go, because I think that -- I
understand Commissioner Solis' comments concerning properties on
the list have been on the list for a long time. There are other properties
out there, and I think they need to be evaluated immediately and that
Page 68
February 14, 2017
may be more ripe for development. So I don't want to wait two or
three years to begin that process.
I would, if this -- if the Board moves forward with this, I would
want to direct the citizen committee and staff to identify other
properties that are, perhaps, more in the line of development that need
to be preserved, but I think that -- I think waiting is not in the best
interest of the citizens.
I'd like to hear from the public, because if Commi
McDaniel's suggestion is one that's preferred, I coule . a ong with
that. If Commissioner Solis' suggestion is prefealli not sure I
could go along with that one, but I'd like to he. 1111
CHAIRMAN TAYLOR: Commissio P 411k o ' s?
COMMISSIONER SOLIS: A cou e - gs that we haven't
discussed and that came to mind was u le -r one, as I understand it,
when the program was first approv e s eferendum, it was a binding
referendum, right, that it was -- tied to a bond issue, and the
millage was dedicated to rep. e bond.
And so, correct me ong, but that allowed the program to
immediately start func ' e•Mand purchasing properties; is that the
history?
MR. OCHSost. Initially it was pay and go, and then a
couple years i* o we went out for a second referendum to bond, and
that was vs .0e *roved.
C IONER SOLIS: Okay. That was voter approved,
okay. 7 I think that's -- and maybe that's what we need to consider
in a referendum is a referendum that's fashioned in such a way that the
program would commence immediately, number one, as opposed to
beginning to collect this additional ad valorem and waiting a couple
years to then begin purchasing property.
I think, again, we're back into six of one, half dozen of the other
unless we do something to allow it to proceed immediately.
Page 69
February 14, 2017
And I understand the interest, again, in moving forward, but using
the funds that have been dedicated to the maintenance -- because the
history of the program was, is that we realize we weren't -- we didn't
have enough money for maintenance. We essentially ran out of
money, because at least the estimates for how much it was going to
cost to maintain the properties was a little lower than maybe it should
have been.
So all this money has been put into the maintenan - ;, , . I just
I don't think we need to start taking the maintenan s to
purchase, because we've seen that happen in other o ext, and I think
that's just not a good idea.
The other thing is with regard to other,, 1•e ies out there. This
is a voluntary program. The owners of th i
February 14, 2017
But we found also that we wanted to protect our future water
sources, you know, along the same lines as what CREW is doing, so
we've been buying property like Red Maple and Winchester Head, but
we've still got a lot of those properties to go in order to finish those
buys.
And they're all -- actually protecting our future water sources is
an extremely important thing, and it's important that we de ha soon.
Pepper Ranch was an outstanding buy because it' •_; -u
recreational opportunities for families and hunters a any other
things. I personally feel that I would like to start - %ive the idea
about taking some money out and buying som- 11 I - properties that
we can now, and maybe -- and I do agree a a `; it Commissioner
Saunders about starting forward and the -- .:t yet going to
referendum when it's here.
If we wait to go to referenda Cil2018 and that, of course, is
November of 2018, then the pre an't even start, or we can't even
n
start collecting until 2019 be'4 - • e wouldn't have had it in our
budget.
So I think that th. •. ,e gs it a little bit too long. I would like to
see us moving forw roll' it it now. Those are -- that's about all.
I would ho pFt t maybe if we see some opportunities locally in
the urban area `' - e we can still buy a little bit of land so that we can
keep some h! e pace right -- the things that we can all see. We don't
see Wi •r Head or the Red Maple --
CO NMISSIONER McDANIEL: I do.
COMMISSIONER FIALA: Oh, do you? Oh, you get out there.
COMMISSIONER McDANIEL: I drive there all the time.
COMMISSIONER FIALA: Oh, well, you're the only one.
So, anyway, I'm hoping that we can buy some urban, too, but
right now I'm in favor of the program and at the quarter mill until we
go to referendum and see what everybody else wants to pay, and that's
Page 71
February 14, 2017
about it, and I'd love to hear our speakers.
CHAIRMAN TAYLOR: Yeah. Commissioner McDaniel, and
then we'll go right to the speakers.
COMMISSIONER McDANIEL: Yeah. Just a couple of quick
points, if I might.
And, Commissioner Saunders, you brought up a valuable point,
and I want to make it very, very clear. I think this board c
unanimously say that we are all in support of conserva ' of all of
us are in support of taxation without some different As.
I think there are a couple of points that need 16 brought up. I
did bring up earlier the shots at the budget, bu o have issues
with regard to latent maintenance, deferred t-nance that's been
going on. Our very worthy staff has bee . ing with huge amounts
of revenue reductions and deferred .nte+.nce to the tune of some
hundred and 30-odd million dollar ci)
And our thought processeeasing taxation with regard to
nthepurchaseofconservatio er and above some other things
that might have a greater a „
ti
in some people's world needs to be
taken into consideratio 1 eer one.
Number two, o I i sioner Solis, you brought up some
reservations witni rd to utilizing the funds in the maintenance trust
that we alread fact, have.
I had e . odology for ascertaining what was going to be
utilized •44 '44 . ext year and a half before this goes to referendum, so I
took the st-case scenario, pulled the entire 17 million out like theyY
went out and spent it tomorrow and we had no longer access to that
money, and that still left us revenue in the maintenance fund through
2054, in excess of 30 years.
So I don't think we're, at this stage of the game, in jeopardy of
running low on those maintenance funds in the next year and a half
And if, as we all agree and the polling says and everyone out there
Page 72
February 14, 2017
talks, that it does pass by referendum, we can create a binding
referendum that will immediately fund up -- Mr. Isackson can go forth
and calculate the carry cost interimly until the tax can be implemented
by referendum, and there is an expense associated with that carry cost,
and we can go out and do a bond instrument to fund up acquisitions
and perpetual maintenance upon that election.
We don't have to wait until the tax is initiated. Ther-'. a arry
v,
cost associated when you're doing that, but we don't hav:v v-ait, and
we certainly don't have to impose a tax prior to hearinre the entire
electorate
CHAIRMAN TAYLOR: All right. Let' . ' -rom our public
speakers, please.
COMMISSIONER McDANIEL: T t. good idea.
MR. MILLER: Your first publi .ei!er is Nicole Johnson.
She'll be followed by Ray Christia . cuse me, Christman.
COMMISSIONER FIAL ": e , many speakers, Troy?
MR. MILLER: Six.
MS. JOHNSON: Ge - Q ruing. For the record, Nicole Johnson,
here on behalf of the C. ncy of Southwest Florida.
And first and fir-11g o t, this is a really great place to be. All of
you have discuss 4 •w important and how beneficial Conservation
Collier has be-. . hink the discussion now is towards the mechanism
of how it's .c .ted, when it's reactivated, and that really is a very
good pl 111.e. So thank you for all of your positive comments and
support e program.
I think that really you have a number of options, but it boils down
to two major issues. The first one being referendum or no referendum,
and the Conservancy, as we commented at the last meeting, you know,
we really believe, supported by polling data, that this program is
popular. The voters, the public do want to see it reactivated. And we're
very comfortable with the Commission going forward and starting to
Page 73
February 14, 2017
collect the funding in order to reactivate the program in the '17/'18
fiscal year. We don't believe you need to go to referendum to do that.
So we would ask that you consider that in your deliberations.
The other issue is about the urgency and should we, you know,
move forward with taking some money from the management fund
and starting the program up. Commissioner McDaniel, I had really
thought about doing that, and I think that -- hats off to yo . T at's a
really creative way to create this jump start to the prog a we very
much appreciate that.
And I think the idea has merit. I don't know million -- up to
17 million is the right number or not. Certaini - - onservancy
would want to see, in the 2017/2018 budge*
II%
n-y collected in order
to pay that back. We don't want that voi n 4 e management fund to
be there for too long.
But I will -- I will say that the re parcels out there, there are
property owners out there that . ':- rrently in the program that are
very interested in this. I do 'Ate we've had any new applications
over the past, what, three 1 , h ars because the program hasn't really
been active, so why w• $ .' one apply?
So I think
tha44,'
ou take a look at the active acquisition list
it's no longer j,ve list -- and you see the same old properties
there.
The C a is '`fancy was contacted just last week by a broker on11,
behalf o ilw •perty owner on 951 south of 41 to the west of 951. The
property, ` wetlands, it's surrounded by state land. It's just north ofp
the Conservation Collier parcel at Shell Island Road. I call it the Mult
property. I can't remember the exact name of it.
But when I told that broker that the county was considering
reactivating Conservation Collier, he was thrilled. He wants to
participate.
So I do think there is an urgency. If you do go ahead and take the
Page 74
February 14, 2017
management fund to do that, I would recommend that you start paying
it back through the General Fund taxes, and the Conservancy is here to
support and assist as you move forward.
Thank you.
MR. MILLER: Your next speaker is Ray Christman. He'll be
followed by Pegeen Hanrahan.
MR. CHRISTMAN: Good morning, Madam Chai In .nd
Commissioners. I'm Ray Christman. I manage the Ts ublic
Lands Gulf Coast Program, which is responsible for ur work
from Florida to Texas along the Gulf Coast statesqki so happen to be
a resident of Naples, Florida. So I'm here spea, It ,Fom both a
professional and a personal interest in the P : ` t at we're talking4,
about.
The first thing I want to say is t m ense not only from the
conversation this morning but the J • o it is that there's much more
consensus and unanimity amonommission than disagreement,
and we really appreciate yo , 1L- st and support in finding a way to
renew Conservation Coll'E. h..' ,.een an enormously important
program for a long ti A s county, and getting it back up and
running one way or h i t er is very important to the future of the
county.
The Trus jo ublic Land, among other things, specializes in
conservati a l'a_`ce ballot measures around the country. We've been
doing tIIP1 years. We have done over 500 ballot measure
campaign here we've done the feasibility analysis, the polling, often
manage the campaign itself. And, interestingly, over 80 percent of
these campaigns have been successful, in rural areas, in urban areas, in
Democrat-leaning areas and Republican-leaning areas; tremendous
cross-sectional support and cross-political support for conservation at
all levels at local and state government.
Just last year in 2016, a very volatile political year, as we know.
Page 75
February 14, 2017
There were 104 ballot measures around the country; over 80 percent
passed. We were involved with over half of them. Ten billion dollars
was raised for conservation.
So we're comfortable that if and when a referendum issue comes
before the voters of Collier County for Conservation Collier it will be
renewed again.
And we understand why you folks feel that there ma3e peed to
get that sort of feedback from citizens, and if there's a w•\ ',is4hich we
can be involved to help support that campaign we, o e, will be
interested in doing that. 1111
Having said that, if there is any way in w i 'IL .*riding for
Conservation Collier can be jump started b- •I4- ovember of 2018,
we would very much support that as wel
A number of good ideas have b9gq a nced this morning. I
would hope that there would be w. d out of that a compromise
among the Commission for a w -re ve funding begin to flow soonerNratherthanlater. I don't thi ould be antithetical to the spirit of
having a referendum in 21 7 i 1 we would certainly support that as
well.
h ,
Thank you ve y c .
MR. MILL r • . Your next speaker is Pegeen Hanrahan. She'll be
followed by .n 'ayton.
MS ' "'i- HAN: Good morning, Chair Taylor, members of11.
the Cou' mmission. I'm Pegeen Hanrahan. I'm with the Trust for
Public L ' as well. And since my boss just spoke, I'll be very brief.
I did want to just put back before you a couple of things with
respect to the polling and, if you choose to move forward to a
referendum, the process that we always recommend that leads to those
great results that Mr. Christman just spoke about.
As you have in your backup, we have submitted a proposal that
would contemplate the county participating in the polling, being the
Page 76
February 14, 2017
lead on the polling. We are more than happy to help you with that.
We would discourage, if you choose to go to ballot in November of
2018, from doing that now because the poll is just a snapshot in time.
And so we would say, if you wish to do that, put it off into probably
this time next year. I mean, you have some seasonality to your voters,
and so we'd need to talk to you-all about what the exact right time is,
but we would discourage you from spending that money . hi time
because it will not be any good by next year when we e`F: 1 .t data.
So if you wish to do that, we're more than Kapp h-1p you. If
youprivately,d t or localwouldratheritberaisedrivatelweoften ` '
governments, and then we just share a summa fob -- : e did with our
partners here on the very brief poll in Janu
The last thing I'll just mention is than we work with local
governments, we normally request w t'sVrled a technical assistance
letter. It's sort of a thing in which ally say we want you doing
this work for us, we understand doing it. It isn't a contract. It's
just an acknowledgment for e oses so that we aren't considered
to be lobbying you so mue _IV oviding information to you. And so if
you wish our assistant ar, • s ill provide that to Mr. Ochs and have it.
It needs to be signe s
ry h- chair, so it could come through on a
consent agenda i . like.
And I'll j t .1 .se by saying I think this is -- I've worked on 15
successful „ 1? easures in Florida related to conservation and parks.
Actuall I have passed. And so I sit in a lot of these meetings.
I've also roved -- or seen a lot of localg overnments decide not to
do it. So we've come forward and said, you know, this isn't the right
time, your public doesn't support it, we should put it off or whatever.
I served in local government as an elected official. This is an
extraordinary board. I'm very impressed. I've met each of you and
watched your interaction, watched how you interact with your public.
I just want to commend you for the quality of service that you're
Page 77
February 14, 2017
providing to your citizens. It's extremely impressive.
Thank you.
MR. MILLER: Your next speaker is Nancy Payton. She'll be
followed by Mike Wagner.
MS. PAYTON: Good morning. Nancy Payton with the Florida
Wildlife Federation.
Leo, you're my friend, but I have to disagree with yo but what
happened in 2002 and 2006. The original ballot in 200 or a
comprehensive program, and bonding was one of tip. . ti„ti&ris coming
out of that question. 111
County staff, county commissioners chos- 1:.4 y look at that
2002 question for bonding, bonding only. q s. that's why we went49
back in 2006 to get reassurances that wh. . •id in 2002 really was a
10-year program for taxing. So it wais4.9,n1 I onding as part of a
comprehensive program in 2002. SO
I've thought a lot about wh. - .e discussing today, and I think,
Commissioner Saunders, we - .ur idea the best. We get to start the
program now, immediate . 0 owing from the Maintenance Fund.
2017 we can impose t nd we'll have that money coming in.
And if youwet we're not necessarily totally embracing the
referendum -- it' usting to think about that -- that it does have
some options .,t9. e have to think about. It does provide the
opportune • i o d, it brings certainty to the program --
Commi . iala, you talked about a time frame -- and it also
allows us possiblytweak the program.
So there are some upsides to a referendum. But our mission today
is to share with you that we would like the program -- we're asking that
the program -- we want the program to start immediately, and
Commissioner Saunders has put together a proposal that does that.
Thank you.
CHAIRMAN TAYLOR: Thank you.
Page 78
February 14, 2017
MR. MILLER: Your final -- or your next speaker, rather, is Mike
Wagner. He'll be followed by Brad Cornell.
MR. WAGNER: Hi. My name is Mike Wagner, and I'm just a
citizen of Collier County.
My wife and I live in a condo in Naples Sandpiper Bay Club.
And what motivated me to come today -- I was interested in
conservation. We're members of the Conservancy and w-' - embers
of the Botanical Garden, but what really motivated me 's 1,' _etting
close to home, because there's a 25-acre wetlands pr..• right next to
Naples Sandpiper Bay Club that has been protecte ilk 30 years, since
vg
the condos were originally built. But we foun e 1,r e owner has
accepted an option to purchase it from a de - 4140.e .
it
And I don't know if the Board is evz g to give approval to
have this area developed, but it's a be- ti etland, and we're all
afraid that the economic issues are t' 1 to overcome the conservation
issues. So please don't let us d t, anyway, I don't know how
that's all going to work out.
The owner has told ; . 2 e did approach the county about
acquiring that piece of .
H
Ns , y. The property -- it's right on the border
between the City of "N e and the county. And I just think it's a
perfect place to ome protected land. It's all mangrove. And I
know there's ado protection on it, but we're just afraid that
something
l+ appen.
So <AIL ay, I'm impressed by the speakers that have been here
and talke '.out the support of the program. I'm 100 percent in
support of this program.
And I'm wearing my Lambeau Fields shirt today on purpose
because, if you don't know the story of the Packers, there was a time
when the Packers almost didn't make it because of apathy. And what
happened was somebody came up with a creative idea, well, let's sell
shares of stock in the Packers. Not that the -- not that the people were
Page 79
February 14, 2017
going to own, actually have value in the Packers, but just to be able to
call themselves owners of the Packers.
Well, now, being one of them, there's almost 300,000 owners of
the Packers. And my thought is that I would love to someday be able
to be an owner of Conservation Collier land. And even if it's just a
certificate that I can hang on my wall to say that I own part of this
protected land -- but I think there would be a lot of interes
In fact, if you would take a chance and issue, say, 1 ',04 1 shares
of this type of stock at $500 apiece, I'd like to be the t t ner.
CHAIRMAN TAYLOR: Wow. qk
MR. WAGNER: So thank you for your d I appreciate
all the effort that you-all make.
MR. MILLER: Your final speaker i matter is Brad Cornell.
MR. CORNELL: Good morni CO 8 missioners. I'm Brad
Cornell. I'm here on behalf of Au. k On Of the Western Everglades.
Thank you for the opportunity WOi ss you.
Listening to the last sp- .4' d then listening to all of you, this
whole subject inspires a 1• :- -ativity and innovations.
So I think that th. d essive all around the room. And I'm
very thankful for yo r a imous support of moving forward.
However we get e I clearly see that you-all are dedicated to this
program and t .t u want to see it start. So that's great. That's a great
starting po.,4
Th ing I want to say is that Audubon of the Western
Ever lade upports whatever waywe canget this program going asgpppg
quickly as possible.
We want to look at -- there is urgency to address that issue, and
we want to look at the options like Commissioner McDaniel and
Commissioner Saunders ideas of using some management money to
start right away, immediately, now. That theme, I think, needs to be
part of your serious consideration. I think that has a lot of merit.
Page 80
February 14, 2017
The issue of going to referendum, I've been involved in a lot of
referenda here local in Southwest Florida, and it is daunting, but
they've all been successful. I know the people will support us. I
recognize the desire to go and ask them. I'm not afraid of that, but I
think that the issue today is whether we're going to start right away.
And I think that, I hope, will be a very positive response from you
today.
On that issue of vulnerability and immediate need to point
out that uplands are very vulnerable wherever they aivi,e county.
And like Big Hammock Island, which is on the lis re's some
beautiful uplands in there. You have -- as Co sit oner Fiala pointed
out, you have a couple of multi-parcel proj n e Golden Gate
Estates that you started, but you didn't fi ' h em. We need to finish
those projects. Those are very vulner.. le tcnevelopment. They've
been sliced up and diced. They ha o. .s; they have canals. We
need to buy those and protect th‘,, inchester Head and Red Maple
Swamp. 11111
CREW is another o cannot wait to finish that CREW
project. This is a big ..M in Lee County. You may be reading the
paper about Edison a7 s, big, big deal. Not insignificant at all, and
mutual benefit.
So I gueubon of the Western Everglades' view is that as
long as Co -
rte`
county continues to grow, we're adding population,
we're co k g to develop, we also need to be investing in our green
infrastruc e. That goes hand in hand.
We've kind of lost some time since 2013. Now that we're starting
to grow again, we need to restart this program. We can't wait. This is
Collier County's biggest, best idea. Let's get back to it.
Thank you.
CHAIRMAN TAYLOR: Thank you very much.
I don't remember. Whoa, we've got lots of folks wanting to
Page 81
February 14, 2017
speak. I'm not sure who's first.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Commissioner Saunders was.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER McDANIEL: His light was on first.
COMMISSIONER SAUNDERS: I have no problem deferring.
CHAIRMAN TAYLOR: Okay. We're going to def to
Commissioner McDaniel.
COMMISSIONER McDANIEL: No. I just hadCPle of
points.1111
Nicole asked a question of me earlier. T I "le A s no real path for
me when I traveled to come up with the 17-,4 tt sute over to
acquisitions. It was leaving a number th ould all latch onto and
me doing the math in my head while wa tting up here today talking
about how long those funds were, i c , going to last. So there wasn't
really a path.
But I just want to make 'a clear that the only way I could
actually -- we could actu. rtain how long the 15 million left in
the trust fund was goi • 1 t was assuming that the entire 17- was
moved out immedi. eIlik, I s not going to be moved out immediately.
There are priorit' . ` °* s. There are acquisitions that are going to be
forthcoming. o i• .t was just one point, Nicole, that you brought up.
And it real 4
No, `"
t a -- and then, secondarily, I just would like to
compli lit - gentleman with the Packers shirt. Sorry about your
luck.
But that idea, you know, I think today we have actually heard and
discussed a lot of innovative ideas as to how to get here from here
sic), and I hadn't really conceptualized the idea of a voluntary sale of
stock in Conservation Collier. That's a really -- that's a really nifty idea.
I hadn't thought of that along those lines, so thank you.
CHAIRMAN TAYLOR: All right. Commissioner Saunders?
Page 82
February 14, 2017
COMMISSIONER SAUNDERS: Madam Chair, we've not heard
from you in terms, I think, of--
COMMISSIONER McDANIEL: Yeah. You've been rather
quiet, Madam Chair.
COMMISSIONER SAUNDERS: I don't want to steal your
thunder or anything. I'm prepared to make a motion. And we'll
remind the Board the obvious. I think everybody knows t';s. f we
restart this program the way some of us are talking abo '1i#- I.rting it,
there are going to be multiple times we're going to b tic g. If we
vote today to restart this program, when the budge • es before us in
July, we're going to have to vote on the budge It4 would have this
in it. So there are going to be multiple vote;+ the road.
I do think that it's important that we 4 . a referendum in 2018
No
moving the program forward beyond at i . e. But I'd like, again, to
see us start this.
So I'm going to make a mak st to see if there's support for it
and go from there. I'd like t• . _ ill McDaniel's, Commissioner
McDaniel's concept of us - _ri 11 . agement funds -- I'm going to change
your proposal, but I'm •
V. _ o use the thought because I think it was
an excellent idea -- s . o 17 million, or half of those funds, now for
acquisition if the omething on the line that needs to be acquired
fairly quickly, have that fund available.
In Jul ,fit year, we would, again, vote to impose the .25 mills
for the : ° i 18 tax year, and that money could be, again, used for
ac uisitioo.r for repayingthat Management Fund, but thatqg
Management Fund would ultimately have to be repaid.
Again, in the 2018/2019 budget cycle, again, we would vote to
impose the tax in that budget year, and then in 2018 have a referendum
as to whether or not we want to extend the program for an additional
10 years. That referendum question would be something we would
have to design down the road whether we want that to be bonding,
Page 83
February 14, 2017
whether we want it to be something that would permit bonding -- when
I said bonding, in terms of whether it's binding on us as elected
officials or whether we want to have a bond issue for going forward.
So let me say what the motion is then; that we use some of the
management funds now for acquisition purposes and that we take the
steps of putting this in our line-item budget beginning this year for the
next two years and then a referendum in 2018.
COMMISSIONER FIALA: I'll second it if we c instead of
some of the money from the funds, if you give a fig h 17 million.
COMMISSIONER SAUNDERS: We'll use lil 7 million.
CHAIRMAN TAYLOR: Up to.
COMMISSIONER McDANIEL: URA!' :' ,.'''
COMMISSIONER FIALA: Up to lion. I'll second that
then.
CHAIRMAN TAYLOR: I h. 6uestion of our County
Attorney. I don't think we can e' : eferendum vote if it's not
bonded; is that correct? WeNJ y -- and because -- well, I'm going
to defer to you, sir.
MR. KLATZKO t" a straw ballot. I mean, the binding effect
is one that's a matte o -tl c, I suppose, amongst yourselveswegsaying
agree to be boun his but, from a legal standpoint, no, you are not
bound by it.
CHA 44._, TAYLOR: Correct. So commission changes, new
commis . all changes. We're back at square one. So the only way
that we cgg uarantee a time frame is to bond.
MR. KLATZKOW: You never guarantee it. What you would do
CHAIRMAN TAYLOR: Even bonding it?
MR. KLATZKOW: Okay. You bond it, but the whole point of
the bond is to pay off the bond. A future board can always modify this
program, terminate this program, increase this program, whatever they
Page 84
February 14, 2017
want to do, all right. I mean, you cannot bind a future board, just like a
past board does not bind you.
You know, you can deal with next year's budget and spend the
money. And Commissioner McDaniel's thought process of taking the
17 million and purchasing property, that you can do now. You can
not say to a board a year from now or five years from now or 10 years
from now this is what you're going to do.
CHAIRMAN TAYLOR: Okay. Thank you.
All right. We have a motion on the floor.
MR. OCHS: Madam Chair, just if Commiss.% aunders
would be good enough to include and authori '•" i ppropriate budget
amendments to set up the funds for the tra 44) .
COMMISSIONER SAUNDERS:s, .
COMMISSIONER FIALA: A m cond.
CHAIRMAN TAYLOR: Ok.e Notion on the floor and the
second. Are we clear on the moil.
No response.)
CHAIRMAN TAY *.' k 11 those in favor?
COMMISSIONEt .r` A: Aye.
CHAIRMAN A L d R: Aye.
COMMISS R SAUNDERS: Aye.
CHAP 4 • AYLOR: Those opposed?
COM N •NER McDANIEL: Aye.
44
CI ',,, '1IONER SOLIS: Aye.
CH ' AN TAYLOR: Four-one.
COMMISSIONER McDANIEL: Three-two.
CHAIRMAN TAYLOR: Three-two. I didn't hear you.
COMMISSIONER McDANIEL: We said "aye" at the same
time.
CHAIRMAN TAYLOR: Okay. All right. Three-two.
COMMISSIONER McDANIEL: And as a point of discussion,
Page 85
February 14, 2017
the only issue I have with the motion is adding it into our next budget
cycle process, so just as point of clarification.
CHAIRMAN TAYLOR: All right. Thank you very much.
MR. OCHS: Madam Chair, that takes us to Item 11C.
COMMISSIONER FIALA: Can I just ask a question of the
County Attorney. When anybody sends out something, a one-way
communication, they can let everybody know who it's fro c n't
they?
COMMISSIONER McDANIEL: I did. Well, yti4Ow, Sue
might not have done it. It was our first time. 116
COMMISSIONER FIALA: Oh, okay, • . l just want to make
sure.
COMMISSIONER McDANIEL: Y.-N,
COMMISSIONER FIALA: Th., 's oá , though, right?
COMMISSIONER McDANI , L ' I wasn't done intentionally.
That was our first --
COMMISSIONER FI A 14 ou were fine.
COMMISSIONER to .to.k 1 IEL: Okey-doke. Okay.
COMMISSIONE t " A A: No problem. We got to read it
anyway. That's not . ib em. Just clarifying.
Item #11C
RECO Aviii* ,, r ATION TO AWARD CONTRACT NUMBER 16-
6622, BIliT ORKSCREW ISLAND REGIONAL PARK DESIGN
SERVICES, TO Q. GRADY MINOR AND ASSOCIATES, P.A.,
FOR PROFESSIONAL ENGINEERING SERVICES IN THE
AMOUNT OF $3,631,979, AND AUTHORIZE THE CHAIRMAN
TO EXECUTE THE ATTACHED CONTRACT — APPROVED
MR. OCHS: Item 11C is a recommendation to award a contract
Page 86
February 14, 2017
for the Big Corkscrew Island Regional Park Design Services to Q.
Grady Minor & Associates for professional engineering services in the
amount of$3,631,979.
Barry Williams, your Parks and Recreation Division Director,
will make a brief presentation.
MR. WILLIAMS: Commissioners, good morning. Barry
Williams, for the record, Parks and Recreation Director.
Commissioners, this item is to -- a recommendati•n ; of and
Contract No. 16-6622 for Big Corkscrew Island Reg ' s 1 'ark Design
Services to Q. Grady Minor & Associates for $3,6 SW 7• .
And just to give you a quick overview of -
F • oject, this is one
that's been certainly on our radar for the las of years. A lot of
public input. The master plan was appro y the Board in February,
and we brought to you in October ancir v.1 of Q. Grady Minor to
negotiate a contract.
As part of this contract, w-' - eking at a phased approach for
this park. And I've put on t , izer just the two phases that we
have. And just to share w we're looking at the initial phase,
this area here to be the i +° ase, and it includes final design plans,
specifications, and .051101 e ign services, but it also includes some of
our stormwater ' rig:',ement features and initial design for our spatial
elements on P. .s .
And j ind of go over some of those with you, we are
gut of our Phase 1, those amenities for ourpark,looking .,
commune center aquatic facility, amphitheater, outdoor
movie-watching lawn, multi-purpose fields, pathways and trails,
pavilions, shelters, dog park, bike racks, concessions. And we don't go
anywhere in the Parks and Rec Division unless we have pickleball.
We include those as well. So those are the items that we're looking at.
I just wanted to share with you just an overview of our operating
budget, what we're anticipating. A couple of points to make, you
Page 87
February 14, 2017
know, the one point that we do anticipate user fees a little shy of a
million dollars a year from this facility based on the current fee policy
that we have. And so you see the net operating effect for the park
when it's in full operation.
We're anticipating 17 FTEs that we'll need to hire to manage the
park. Recreation staff and maintenance staff primarily are the ones
that we're looking at that would be at that park location. : th.t gives
you kind of an overview of what the operating budget i v• : hen we
do have this park in operation.
Other considerations, I just want to point out iliuple things in
the contract that we have. You know, again, t a unity has been
well invested in this park. We've had num blic meetings at the
University Extension Office for the resid j t the area, and we want
to continue to do that, so we've inclu. -d c inued stakeholder
meetings with the public at 30, 60, ! 6 $ percent design.
We also -- as you know, t
v:, is embedded with a lot of other
different projects in and aro 1 property and, certainly, we'll be in
close coordination with t - • cluding roadway connection between
Oil Well and Immokal.c a' . . .
Our current es 'm "e or total construction of Phase 1 and Phase 2
is estimated at $• - Ilion. It will be the shining star of your park
system. It will se le e .iggest park that we have once it's built, on par
with North •l"e Regional Park.
A . • °- other things I wanted to share with you is just a sense of
time fram . OurJro'ect manager's here today, and she verymuchpgY
wants me to let you know that, certainly, time frames are things that
we put out in terms of expectations. Permitting can change that, and
there is extensive permitting with this project.
But with that said, we are looking at a timeline that begins with
this contract being let this spring, design completed spring/summer of
2019, and we're looking at construction to begin fall/winter of 2019.
Page 88
February 14, 2017
With that, I did want to share with you just some of the
considerations for funding for the project. I'll point to this particular
cell. We currently have 14 million on hand for the project, and we're
estimating every year an increase of$4 million in impact fees. So as a
pay as you go, you know, you're looking at your first phase at $31
million. With that, you've got 14 in the bank. You're going to spend
3.6. That's going to leave you 10.4 as you increase each yfar34
million.
When you get ready to construct, I wanted to p u to the last
phase, the amount to borrow. If you want to build 14 hole thing, the
whole first phase, we'll need an additional 12. 11 ir.n on top of what
we anticipate that we have in the bank and a cumulate with
impact fees. So we'll be talking to you at oint about that
possibility in terms of if you want to P. • olVo get that money in order
to build that initial phase.
Again, as you go through t' • ` 'ect and you can kind of see
having that 31 million, if yo •.o , 'hase 2, we anticipate in Fiscal
Year '21 another decision,terms of finishing that project. You
would need an additio .Y` million based on the amount of money
we anticipate havin a time in order to complete Phase 2 of the
project. So thos- Jr. wo decision points that we'll bring back to you at
those times.
loo
But w. t la said, what we're asking is for you to approveVia. ,
Contrac ' •-6622 to Q. Grady Minor & Associates for the
ermittin esign at BigCorkscrew Island Regional Park and topgg
execute their contract.
So with that, I'll stop and see if you have questions.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: I'd like to make a motion that
we approve the contract as submitted.
COMMISSIONER SOLIS: Second.
Page 89
February 14, 2017
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. Will you be able to guarantee
that this one will move faster than my swimming pool over at the
Eagle Lakes Community Park who just sits there and won't even start
to be built until next year yet even though the money's been there and
the projects have been approved? I mean, I've suffered through all of
that, and it's very, very perplexing. I don't want to see the * h ve to
suffer through that.
MR. WILLIAMS: Well, we'll work very close it Facilities
Management to expedite the project, yes, ma'am.
CHAIRMAN TAYLOR: Any other disc
No response.)
CHAIRMAN TAYLOR: There's a On on the floor and a
second. All those in favor?
COMMISSIONER McDANI : .• - ye.
COMMISSIONER FIAL A
CHAIRMAN TAYLO L1141
COMMISSIONER Aye.
COMMISSIONS R V.: DERS: Aye.
CHAIRMANA%'Li;R: Those opposed?
No respon .)
CHAPAYLOR: It carries unanimously. Thank you very
much.
M tikw IAMS: Thank you.
Item #11D
RESOLUTION 2017-20: A RESOLUTION TO HOLD A PUBLIC
HEARING TO CONSIDER VACATING AN UNIMPROVED 30-
FOOT WIDE PUBLIC RIGHT-OF-WAY DESCRIBED AS
AVENUE B" AND A PORTION OF AN UNIMPROVED 30-FOOT
Page 90
February 14, 2017
WIDE PUBLIC RIGHT-OF-WAY DESCRIBED AS "FIRST
STREET," ACCORDING TO THE COL-LEE-CO TERRACE
SUBDIVISION PLAT, AS RECORDED IN PLAT BOOK 1, PAGE
32 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE
SOUTH SIDE OF U.S. 41 BETWEEN FREDERICK STREET AND
PALM STREET IN SECTION 11, TOWNSHIP 50 SOUN, ANGE
25 EAST, COLLIER COUNTY, FLORIDA — ADOP
MR. OCHS: Commissioners, Item 11D was e from your
consent agenda. It was previously Item 16A8. was an item that
had been continued from your January l0t ``eeting. It's a
At
recommendation to adopt a resolution to a • % 0 public hearing to
consider vacating an unimproved 30- of 1 ide public right-of-way
described as Avenue B and a portiel n unimproved 30-foot-wide
public right-of-way described a• '
R Street according to the
Collier-Lee-Co Terrace Sub. ' 4 4) Plat, and Commissioner Fiala
moved this item forward r -gular agenda.
COMMISSIONS t r A A: Yeah. And I just felt that I would
hate to do this right -4 o 4 hen we know that it has to be advertised
for the rest of th-. sr‘:'ect, why not advertise them together so that
they're all on t,e #1 s e advertisement? I just --
MR. e. That is the plan, ma'am. Both this item and -- the
other o -, ady gone through your Plan Commission and scheduled
for our ' ch 28th meeting.g
COMMISSIONER FIALA: So then this one isn't?
MR. OCHS: Yes. This one is also scheduled for your meeting of
March 28th, but it needs to be publicly advertised. That's what we're
requesting.
COMMISSIONER FIALA: I understand that. Why aren't you
publicly advertising both of them at the same time?
Page 91
February 14, 2017
CHAIRMAN TAYLOR: Well, the problem was is it was
because of my mistake. I made a mistake. When I initially -- when I
looked at this, my rationale of that particular item on a former agenda
item -- agenda we had, I looked at it and I said, why in the world are
we advertising this when, to me, it became almost a smoke signal, you
know, sent up to the developer, if we vote for this and we vote for an
advertisement to decide whether or not we're going to vac. e .
right-of-way, then there's going to be a vote. And I jus eve' ink
that's right. Why don't we just forget about it and vo r after we
hear the item. 1111
And Mr. Yovanovich called me up and s. . m_-re's no way, as a
developer, that I want to hear the question . :
elk t e RaceTrac at Palm
110
Street separately from this vacation, he s. '.e -cause two weeks can be
an eternity for a developer. All that Nya•ple ave to happen is the
development would be approved, l t. s , but we don't know whether
the vacation is going to be appre'Vii , •nd then two weeks later
someone changed their mine , s dead in the water. So for me it
was a sense of fairness, a z h•s he was quite correct in that, to
allow this to be advert I he process.
In the meanti e a- appened was, because of my mistake --
and it was my m•. a and I do apologize -- the schedule got all sort of
topsy-turvy. r t°:i - intention is to hear the item of the RaceTrac with
the two pl. lo al % he vacation on the same -- at the same meeting.
C• ' 116 IONER FIALA: Okay. So do they not advertise them
the sa ime to be on the same meeting?g
MR. OCHS: No, ma'am, and Mike's going to explain the
distinction.
MR. BOSI: Mike Bosi, Planning and Zoning Director.
Both of these items will be heard at the same time. The intention
is that date to be March 28th. The vacation process has a little unique
circumstance about the due process and how we go about advertising
Page 92
February 14, 2017
for the vacation. We have to make a request to the Board of County
Commissioners to provide for that advertising.
The separation, we do not have to ask the Board for the
permission for advertising. We just go out and advertise. So they'll be
advertised at the same time for the same date. It's just the vacation
process has a little bit different mechanism or nuance towards how we
get to the advertising.
COMMISSIONER FIALA: Okay, fine. Thank yo much
for explaining, so I make a motion to approve.
CHAIRMAN TAYLOR: Second.
rct%"
4,
NikiCOMMISSIONERFIALA: All in favor?
CHAIRMAN TAYLOR: All those i A tr.
COMMISSIONER McDANIEL: (iki,,,,,t.)
COMMISSIONER FIALA: Ay
CHAIRMAN TAYLOR: Ay
COMMISSIONER SOLI A*°-.
COMMISSIONER SA + S: Aye.
CHAIRMAN TAY ` " ove her. She's got my back.
COMMISSIONE E ! A A: No. I'm just -- I'm sorry. How
embarrassing. I'm • u *n_.
CHAIRM A •A LOR: No, not at all.
Item #1 lE
RECOMMENDATION TO DECLINE AN OFFER TO PURCHASE
THE BANK OF THE EVERGLADES BUILDING FOR HISTORIC
PRESERVATION AND OTHER PUBLIC USES — MOTION TO
REJECT BID AND HAVE STAFF LOOK INTO THE VALIDITY
OF THE PROPERTY AND COST FOR
MAINTENANCE /REFURBISHING — APPROVED
Page 93
February 14, 2017
MR. OCHS: Commissioners, that takes us to Item 11E, which
was previously Item 16D2 on your consent agenda. This is a
recommendation to decline an offer to purchase the Bank of the
Everglades building for historic preservation and other public uses.
Commissioner McDaniel brought this -- oh, I'm sorry. He just
stepped out.
CHAIRMAN TAYLOR: Do we have a photograph Vs
building? No?
MR. CARNELL: Not with me, ma'am, no.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER FIALA: I've been in 10 • -y had made it
into a bed and breakfast, and it was really c ere, and then they
had this big safe that's in there from year na years back.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER FIALA: A
E1 t E ey had -- they had served
meals in there. If you were stay''i . he bed and breakfast, you could
have a little lunch in there or ,14.0- .
ast or something. It was really
cute.
COMMISSIONE ‘, D ANIEL: And I'm back now. Sony about
that.
COMMISS
SAF
R FIALA: I was just helping you.
COMMI R McDANIEL: Mr. Bosi got done quicker
when he w-e ; • orating on the prior subject than what I was planning,
so...
An st -- I saw this come through on the consent agenda, and
I'm not necessarily in favor of or accepting the offer that is put forth. I
just wanted to know if there was a need for us to have discussion to
further move this project forward and actually ascertain whether it is,
in fact, of historic value to our community.
Have we, in the past, done these types of purchases to preserve
and protect historic facilities? And just because the gentleman that
Page 94
February 14, 2017
owns it has offered us -- offered it to us for sale, is it something that's
worthy of further consideration?
MR. CARNELL: Chair, let me see if I can address that. Steve
Cornell, your Public Services Department Head.
To answer your first question, Commissioner McDaniel, yes, the
county museum system has purchased properties before with historic
value, and that's really how we've grown our system beyoi4t1ke main
museum. Really, the other satellite locations are all fo ,1.0. ' toric
sites purchased and acclimated and brought into the ffi- . .e system.
If I could, just to give everybody, all five of 114.ust a full
understanding of where we are at the moment 61 111 this is an
unsolicited offer. And at staffs first take o• e are being offered
property that's right across the street fro •s .f our other locations,
liP
the Museum of the Everglades. And at location that we procured
several years ago and renovated an d into an historic interpretive
site.
And so when we look . - e street to this building, we don't
necessarily see the need. . • e -- it doesn't fit into any of our current
plans for development o t.. o • th of the museum system. It's an old --
and the building ob4*olkly tieing nearly 100 years old, it's going to
have some chall need of renovation, probably fairly costly
renovation.
And i ods.w in the executive summary, Ms. Townsend set
forth a 4ti, . .eries of due diligence steps we'd have to take to do it.
No 7 at said, we work for you-all at the pleasure of the Board,
and Commissioner McDaniel is raising a legitimate question here. If
you would like staff to take the next step and look at -- and do more
diligence on this, we've got several things that we have to go through
in terms of-- including environmental assessment, structural
assessment of the building, really trying to find out if there's interest in
the community.
Page 95
February 14, 2017
So far we have not had a great deal of expression from the
community in pursuing this property, but we can take that a step
further. We can get appraisals, we can take a look at what we'd really
be looking at for cost.
But the thing I'll tell you is, even if the owner gave us the
building, it's going to be expensive to renovate and it's going to be
expensive to operate. And so that's kind of the reality star' _ .t us, you
know, from a distance here as we look at this.
But we're open to direction. If the Board woul I e s to take the
next step and do some more diligence on this and .o sack to you
with a more clear cost picture and also give yo t ;` se of what the
potential benefits of owning the building are an certainly do that.
CHAIRMAN TAYLOR: Well, it's • 'tem.
COMMISSIONER McDANIE C o i issioner Fiala, your light
was on first.
COMMISSIONER FIAL h, but first I'd like to hear the
public speaker.
CHAIRMAN TAY ' o we have a public speaker?
MR. MILLER: - , am. We have one registered speaker,
Ellen Chadwell.
MS. CHA <8,L: Good morning, Board of County
Commissioner been a while since I've been back in this room, so
excuse me ,t . little nervous.
dBu q ere -- my name is Ellen Chadwell. I represent Robert
Flick. H it is -- Commissioner McDaniel and Commissioner Fiala,
you're correct, it's a unique and interesting building, and he does have a
desire to work with the county and see that it's preserved.
It has some unique history. I'm not prepared to delve into that
here for you this morning, but we would be happy to provide you that
information. It has been registered with the National Registry, and
there's some interesting stories to be told. I think Barron Collier stayed
Page 96
February 14, 2017
overnight there a time or two and also I believe Mr. Flagler was a
resident at one point, or occupant, I should say.
We've indicated a range in our offer just because the last time we
spoke with Mr. -- the museum director was a number of years ago, and
that was a value that they had estimated informally in-house.
I can tell you today that Mr. Flick is willing to work with the
county and in every -- to every extent possible if you woulkliV to
investigate this, and I would encourage you to do -- to e °; u more
preliminary steps because right now you have very 1.i ormation
before you in terms of whether it's worth consider'. g ir not.
So we would -- I'm not sure that the entir- ''It *w"-ss that's been laid
out to you by staff is necessary in order for , 4444. to ave some more
preliminary information, but I would enc . •e you to please direct
staff to look into it further. I think it' e orthy of this county's
consideration. And if you have an . ions, I'll do my best to
answer those currently, and ce . ,k, , e'll be happy to provide the
Commission any additional ' £4141 .tion moving forward that we can.
Thank you.
CHAIRMAN T A 0 6, . Commissioner Fiala?
COMMISSIO _It F ALA: Yes. I'll turn it over to
Commissioner +i iel, because you've pulled it off But first, Ellen,
it's so nice to e~,r.•u back. Ellen used to be one of our attorneys
upstairs in o my Attorney's Office. Good to see you.
M iga. '14 `II WELL: It's good to see you, too.
CO M ISSIONER FIALA: And before I even relinquish my
time -- but I'll come back to it a little later -- we've seen so many
historic places in our community being lost, and it just pains me to see
something like this also, I don't know, used -- I would hate to see it
torn down or something. I would like to see it preserved. I don't
necessarily want to spend that much money, but especially
understanding that it's going to cost us so much to revitalize, and at the
Page 97
February 14, 2017
same time, you've got a -- down in Everglades City, you've got a core
of volunteers there who will carefully and lovingly protect the place
and do what they can to help. They don't have much money, but they
have the time. And so possibly they could be a help to us if we
consider that. So, go ahead.
COMMISSIONER McDANIEL: Well, with that, I'd like to make
a motion that we direct staff to do a further investigation a: to he
validity of this particular property. I don't think we ne s Iv • . through
the outline that Amanda shared with us as far as the d igence go.
A limited due diligence process, I think, would be Ole more
fortuitous at this particular stage just to ascert. ' 'I9, cost associated
with the purchase and upgrades and things - ; - need to do. I don't
411
think that that would be -- and if we nee t .o . tually reject the offer
that was put forward to us as a portio., of i .t motion, reject it until
such time as we actually ascertain4i `F chase price and such, then
that's part of my motion as well
CHAIRMAN TAYLO ' hat's your motion?
COMMISSIONER IEL: I don't know.
CHAIRMAN T • ' J b. . That's what I was --
COMMISSIO -
14 S UNDERS: I'll second.
COMMISS R McDANIEL: Commissioner Saunders
seconded it.
COM ' : *NER SAUNDERS: Whatever it is.
C! ' '116 IONER McDANIEL: I'll try to reiterate. The motion
is to -- inIffeer of consequence here, reject the offer that's beenq
proposed to us but then direct staff to go do a limited amount of due
diligence to ascertain the acquisition price and associated expenses
with the maintenance.
CHAIRMAN STRAIN: And there's a second on the floor. All
those in favor?
COMMISSIONER McDANIEL: Aye.
Page 98
February 14, 2017
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those -- oh, did you want to speak?
COMMISSIONER SOLIS: I hit my light.
CHAIRMAN TAYLOR: Oh, I'm so sorry. I didn't pay attention.
Excuse me. So there's a motion on the floor, but let's hold,Vote if
we may do that. May we do that? Okay.
Commissioner Solis, sorry.
COMMISSIONER SOLIS: It's okay. I hit it _°1t as you were
starting.
If this really doesn't fit within the strat , n or whatever the
plan is for the museums, I'm just not sur =K : by we would want to
take up the staffs time to do -- to do, u ow, any kind of due
diligence. To have two museumss the street from each other just
seems to me to be duplicative, y 4 'i w, and I -- I would love to
preserve some of the histori T ies to the extent we can, but they
have to serve a purpose.
And so I would 13.
k or of rejecting the offer that was made,
but I don't know th io doesn't feel comfortable that it fits within
what their missi i or the museums in Collier County that we need
to go any furt ; r th it.
COM v ONER McDANIEL: As a point of-- you want me to
44
hit my b, gain?
CH M.' AN TAYLOR: DoY ou want to talk us out of it?
COMMISSIONER McDANIEL: No.
CHAIRMAN TAYLOR: Okay. I think we should vote.
COMMISSIONER McDANIEL: All right.
CHAIRMAN TAYLOR: All right. We have a motion on the
floor and a second. All those in favor of Commissioner McDaniel's
motion.
Page 99
February 14, 2017
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed?
COMMISSIONER SOLIS: Aye.
CHAIRMAN TAYLOR: All right. 4-1. I didn't wa to repeat
it. I wasn't sure --
COMMISSIONER McDANIEL: I was going t 'y I was asked
to repeat it and had difficulty.1
CHAIRMAN TAYLOR: I know what t was.
4
Item #7
PUBLIC COMMENTS ON GEN 't * TOPICS NOT ON THE
CURRENT OR FUTURE AG
MR. OCHS: Mada - 'C4.1 , that takes us to Item 7, public
comments on general toil. • ,,of on the current or future agenda.
Mr. Miller, an -
CHAIRM LOR: Do we have any?
MR. OC S. -- public comments?
MR. I have none, sir.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Very good.
Commissioners, that takes you to Item 15 on your agenda, staff
and commission general communications.
Page 100
February 14, 2017
CHAIRMAN TAYLOR: We'll start with Commissioner
Saunders.
MR. OCHS: Ma'am?
COMMISSIONER SAUNDERS: I had none.
CHAIRMAN TAYLOR: Commissioner Solis.
COMMISSIONER SOLIS: I would like to comment on
something that Commissioner McDaniel said, and he's bre 1 _h it up
several times, and I think it's very, very important, and ' , •*ng to
bring forward a few things that I'd like the Commiss. toonsider,
and that is with regard to what we're doing social-•iices-wise. I
think it's -- I agree with Commissioner McDa ' •- our jail is not the
place for, hopefully, helping people with c 0,4 ental health issues
or addiction issues.
I took a tour of the David Lawr-,p e e ter and have seen for
myself the epidemic that is even h. • -n g here in Collier County with
regard to the opioid addiction.
rpt r it's something that we as a
commission need to look at.
And there's different : * *h nents to it, and what I'm going to try
to do is bring forward . a
b,2 - tation related to how the different
aspects of the co •
41". .
re working together. One -- I don't know if
anybody's famili, :th the drug court. The drug court is -- Judge
Martin is doin, a t mazing thing based solely on them volunteering
their time.t -en Judge Martin, the prosecutor's office, the public
44defendem heriffs Department, and David Lawrence, they are
doing so wonderful things to keep peole that are really not
criminals out of the criminal justice system. They're people that need
help. They're people that have addiction issues.
And also there are things going on that I think we need to think of
as well. For example, the Sheriffs Department has done some training
with the David Lawrence Center to deal with disturbances that maybe
aren't -- are more of a mental health issue than a criminal issue and
Page 101
February 14, 2017
dealing with them in a different way.
That is all, I think -- and I feel strongly about this. If we continue
to support that kind of interaction with the different agencies in the
community, in the long run, will save us a lot of money as a county
because we will be spending our -- it is much less expensive to deal
with somebody through the drug court and kind of get them out of the
criminal justice system than to incarcerate them, and that d es 't help
them. And they come out with the same issues.
So I think it's a very important issue. It's an issi4as important
to me and, I take it, for Commissioner McDaniel ll.
So I'm going to bring forward some prop.
1":
11Kd hopefully get a
presentation to the Commission not only o e •ifferent pieces
independently -- because it's hard to really. • dge what's going on, I
think, in this overall area without hay' 10 presented together to see
how it's all working together and h: w can, one, do what we need to
do for the community but also ly save money for the
community in how we deal se issues.
Thanks.
CHAIRMAN T A a b,. That's it? Thank you.
Commissioner i .?
COMMISS R FIALA: Yes, only one. I was just
wondering. I • we have the moratorium on the golf courses, what
is it, I thi 44. A• April 11th, right, or something like that?
I w. wondering if we're actually -- we, as a county, are we
consideri7 •u in a golf course to make into a municipal golf course
or a public golf course?
MR. OCHS: Yes. Well, we're not considering buying it, but
what we're doing is responding to previous board direction to conduct
a feasibility analysis, and that will be coming back to you next month
at the same time that you're hearing, I think, your golf course
conversion LDC amendments. They're not totally related, but they're
Page 102
February 14, 2017
associated. So we'll have that analysis for you next month.
COMMISSIONER FIALA: Yeah. I know two communities,
Golden Gate, especially, but then also Riviera, are both very concerned
about their golf courses, and I was just wondering what we were doing.
But if-- you know, maybe somebody can give me a progress report
just --
MR. OCHS: Yeah. We'll have a full executive su ry to the
Board.
COMMISSIONER FIALA: Great. Okay. All t. Thank you.
CHAIRMAN TAYLOR: That's it? 0CommissionerMcDaniel?
COMMISSIONER McDANIEL: No - ilit'' o er than to thank
Commissioner Solis for listening. Thos ally important issues to
me, and I've been recognizing the ne- e fo s to -- for our community
to be accepting the realities that ar-o iated with mental illness and
drug addiction within our co And I've said for many, many
years, you know, rehabilitati ftentimes the case with
incarceration. And as we'•- happy to hear that you're of like
mind.
CHAIRMAN 'ALR:R: All right. Well, I have a few things. I
guess we'll leave maybe we should break for lunch. No,
kidding. Co A. 1 ner Saunders just fainted at my end here.
The a•440.-t 'o"`February is Patricia Kennedy Flock, and her
paintint- - the back of the room, and they're quite beautiful. She
loves -- 1-1% . ork has been described asoetic lyrical, and truthful;p Y a
sweet vision of nature, so...
COMMISSIONER FIALA: Is she local?
CHAIRMAN TAYLOR: I'm assuming she is. It doesn't say
whether she's local or not, so maybe we can, as go forward -- but it's
really lovely. I have a feeling she must be, hopefully.
COMMISSIONER McDANIEL: Yeah. Those are pictures of
Page 103
February 14, 2017
mangroves and cypress and white pine and indigenous oaks and then a
tour bus.
CHAIRMAN TAYLOR: We had a very interesting meeting at
the MPO on Friday, and it became very clear that a process called
government to government process was not followed, but it applies not
only to the MPO. It applies to Collier County Government and all
governments that are touching the sovereign nation of Ind' s, which
happen to be, in this case, the Miccosukee.
I would like to see if I have support to ask our OtManager to
develop a process by which it's codified within ou o inances of a
process by which we interact with the soverei !; on. I do not
believe, and I may be incorrect, that gove 2t to government applies
to all tribes. I believe it onlyapplies to tr' e. ecognized bythe federalppg
government as sovereign nations whiii q i tis case, is the Miccosukee
tribe of Indians with their administ. . building about 70 miles out
here, as we know, on 41. So if '- - support to do that...
COMMISSIONER SA lit,
k f S: Sure.
CHAIRMAN TAY L! 44.. •o I have support?
COMMISSIONE t ° . • DANIEL: Absolutely. And just as a point
there -- and, you kn.wy, e icalities of government to government
really is incident-, t%.r e. It's about communication. It's about
impacting hu 4 .n '4-ings and the utilization of our lands along the way.
So fro ; a*. e_ality standpoint, I'm not worried about government
to gover, -11 .' , I'm all about enhancingcommunication and felt as youg
did with7ard to the lack of communication last week that we learned
transpired. So I'm all about it.
CHAIRMAN TAYLOR: Yeah, and I think what we learned from
last week, it's very important, too --
COMMISSIONER McDANIEL: Sure.
CHAIRMAN TAYLOR: -- sovereign nation.
Okay. Blue Zone. Let's change the subject. Apparently they
Page 104
February 14, 2017
would -- I am the representative for Blue Zone from the Collier County
Government. And one of the things that I requested is if we could
develop a resolution based on resolutions passed by, I believe, the City
of Bonita Springs, also the City of Naples. I don't have that in front of
me, but if there's consensus up here to go ahead and do it.
And, basically, it's that it's a great idea, and I believe we are going
to incorporate some kind of exercise facility within our govn,ment
complex, and we are -- we are following a lot of Blue o Y
recommendations without it being Blue Zone.
So if there's support up here to do it, thank y•l ry much.Nei
Okay. Industrial park. I missed it at the :. II-eting, but I'm glad
after listening to the ULI, one of the things d scussed was we have
this industrial park, which is east of Airp a they envisioned at
some point that -- well, there's a wor or ; So workforce
housing/affordable housing could o tructed above the buildings
there, that it's a possibility. But r e a -- what we did at our last
l ymeetingiswereturned, and so, developers' money that they
paid into a fund in lieu of : • 4.. . ks.
In the City of Na• : were having trouble with sidewalks
throughout the tow albi o what we did was -- the cost of it. So as
properties redev people had to put in sidewalks to take care of
their drainage.
I'd Ilk: • 7e- if there's any support here to work -- bring that
forward 4w don't know what it would be within the county, but it
would be7 properties within the industrial park redevelop, that
property would be required not only to improve the drainage but to
build sidewalks, whether it's even possible.
MR. CASALANGUIDA: I think we could maybe bring you
back some information on that.
CHAIRMAN TAYLOR: Yep.
MR. CASALANGUIDA: Just to kind of tie it together, because I
Page 105
February 14, 2017
think what you're asking --
CHAIRMAN TAYLOR: If there's willingness. I don't want to
spend staffs time --
COMMISSIONER FIALA: You've got a lot of heavy trucks and
everything going through there. I don't know -- I don't see anybody
walking in there.
CHAIRMAN TAYLOR: No, no. This is down the rt:, .d. And
believe me, I walked there so I know how dangerous it i I -re are
no sidewalks. But the problem with no sidewalks is t e flooding
is so pronounced and the issue of the water and th inage, and
there's a lot of things. You know, it's been dev-'4 * .. g as it has without
lbbringingattentiontoit.
So am I asking to spend millions an* ions and millions? No,
I'm not asking to do that, but I'm sayi• t m le we should slowly start
looking at the future today by perh. . ff r- +uiring that.
MR. CASALANGUIDA 6 - we could bring an
informational item just to ki I lciii -
CHAIRMAN TAY t kay.
MR. CASALAN ,
n4). : --
frame what you're asking ratheri,than, you know, to ,R o -- work product first. Maybe an informational
item, and staff c• .4 . :,s o that, explain the drainage issues in the
industrial par .n -xplain the sidewalk issues and then redevelopment
conflicts.
a
C I ' ' IONER FIALA: You know, right now I'd like to see
sidewalk ilt in areas whereareeole livingand have no sidewalks.p p
I think all -- like all on these -- in the Bayshore area. They don't even
have any sidewalks on the side streets or anything -- rather than go into
an industrial area.
CHAIRMAN TAYLOR: No. The developer would be required
to do it. It would not be -- it would not be the county -- it would not be
our tax dollars.
Page 106
February 14, 2017
COMMISSIONER FIALA: So you mean just on a new piece of
property --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER FIALA: -- they build it? So you'd have one
strip of sidewalk and it not connecting?
CHAIRMAN TAYLOR: We did it in the city, and it was like
patchwork. But what's happening is, the money -- now th e's more
money, so now we're connecting those sidewalks.
COMMISSIONER FIALA: Where's the indust4a.a you were
doing it in?
CHAIRMAN TAYLOR: East of Airpo -' , a , ndustrial Road,
Commercial Road, where FedEx is.
COMMISSIONER FIALA: That is& e city, is it? It's in --
CHAIRMAN TAYLOR: No, riphAnKirO, no, no. Within the city,
within the old town, we, as the Cit k .T 161, said it's going to be way
too expensive to build sidewalk: `'• s ghout this. What we're going to
do, as that old town -- as 019 ,z% 9) es redevelops, we are going to
require the developer to p. ' its. idewalk in front of their place. And
we did, and we're still • •' 4t
COMMISSIO F ALA: Yeah, well, we do that already, but
not -- in the indu 1 area? I'm sorry. I must not be catching
something co -c here. I'm sorry if I'm confused.
CHA , u 1 TAYLOR: We refunded, not a lot of money, but
enough w ,, from developers because apparently at some point there
was alaput sidewalks in the industrial area because of a safety
issue, and then the thought was, when we refunded that money the
developers had put into a fund, that, you know, maybe it's kind of
crazy to think that people are walking around here. But if we are
looking at quote-unquote affordable housing, workforce housing, ULI
looked at that area as a possible place where affordable/workforce
housing could be developed, so it would make sense if that's the case --
Page 107
February 14, 2017
and I'm not talking about tomorrow, but I'm talking about the future --
as properties within the industrial area redevelop along those roads,
that sidewalks and the drainage are brought up to date.
COMMISSIONER FIALA: I don't think they're even allowed to
build residential in industrial areas because of the noise, because of the
pollution and so forth. I don't know that it's even safe.
COMMISSIONER McDANIEL: And I would like f -- as our
Deputy County Manager has suggested, that we bring o s as a
topic of discussion, to bring it up.
Now, a couple of things just as a point of int• t was I that
suggested that we look at innovative ways for 'ei .-,e evelopments of
our communities as going forward. And it' lekso ant that we denote a
vernacular shift that occurred with the re 118 endation coming out of
the ULI.
We oftentimes, as a communi ,, e always discussed it as
affordable housing or workforc-
x •° '
ng. There was a shift in the
vernacular, and it had to do 1111 t sing that is affordable or housing
affordability. And I thi tart to address it as that, in fact, what
we're looking for as a tor - -=-d in our community and that is housing
affordability on tha 01,1 i e, that will help us going forward with
mindsets of resin n our community and the like.
So -- but • ' have to do with the redevelopment, and, you
know, we s . - stormwater issues. If there is a potential at some
particul to allow for redevelopment of those areas and have
residence` there that were compatible and concurrent, and we had
all of the infrastructure to support it, that's a mechanism to have
housing in a closer proximity to the urbanized area.
So I think utilizing what Nick said was a great idea; actually bring
it back and have a discussion.
CHAIRMAN TAYLOR: All right? All right.
Okay. Security. Is it time to review our security in Collier
Page 108
February 14, 2017
County Government? I was made acutely aware of the fact that I could
ride in a car with a staff member and get out of the car when they let
me in this parking lot, and it's a staff member and myself, and I can get
into the building without going to security, but the staff member has to
go through security. That's an inequity that I just think that needs to be
now I am not a security expert, and I know a lot of these security
measures happened in the wake of 911. But I wondered if 't c uld be
time to take a look at it again.
COMMISSIONER McDANIEL: I think it wolA4every good
idea for us to take a look at it again. 0MR. OCHS: What are we looking at?
CHAIRMAN TAYLOR: Well, if I c. e, you know, 20 miles4.
with a staff member and he doesn't kill e then I come in and I --
and the staff member has to go throw se ity, that's just -- there's
just something wrong with that.
MR. OCHS: So you --
CHAIRMAN TAYLO ' Ibio. 't know.
MR. OCHS: You de ••' . t staff to go through the security
check; is that --
CHAIRMAN A4*R:• I just want -- I think it's time to dust it
off and look at w- : '° e're doing with security. And it may be a really
valid reason te
wed
e t or it may not but just -- there's a -- you know, Dear
Commissi. ~ -r ' i. a you used to have your name on your license tag.
You've •,r .
CO r ISSIONER FIALA: I still do.
CHAIRMAN TAYLOR: -- flag on the back of her car, and she
rides around town. And God bless her, she's still here. I mean, no
one's -- you know, I just think we need to look at this again from a
security point of view.
COMMISSIONER FIALA: In other words, what you're really
saying is for staff members who work here anyway and they're here
Page 109
February 14, 2017
every day, maybe there should be another look at whether they have to
go through security every day; is that what you're saying?
CHAIRMAN TAYLOR: I'm thinking -- yeah, go ahead.
COMMISSIONER SOLIS: Yeah. I mean -- and I'm not a
security expert either, but I think there is the old adage of your security
is only as strong as the weakest link in the whole thing, so --
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER SOLIS: -- I mean, I wouldn't 4,v! . nst
having staff review it, but I think we have to rely on s; urity
experts as to --
CHAIRMAN TAYLOR: I don't want to A - it.
COMMISSIONER SOLIS: -- whethe . :
February 14, 2017
not taking the proper safety measures because they know that we're
very vulnerable and we're in the community all the time, so they felt
that we needed to have some security. That was all it was.
CHAIRMAN TAYLOR: And I can respect that. And I justed
want to take a look at it; that's it. I'm not suggesting one way or
another.
COMMISSIONER SAUNDERS: I'm not a security p-rt either.
I have stayed at a Holiday Inn Select before, but I'm not .w, .
x- .ert.
I have no interest in evaluating our security sys e have
experts that we've hired; we've got a staff Let the %. t eir job. If
they're keeping us safe, thank you for that. If e things they
need to change, they know when to change , hi gs. I have no
44
interest in the County Commission getti i ..• somebody's security
issues.
CHAIRMAN TAYLOR: No, don't want -- I want them to
review it. I don't want to revie
Okay, all right. So just • 'nor things. Reception on the
computers throughout the .. t h, % for these meetings is not consistent.
I've heard it from three different quarters. So just -- you know,
I mean, as recently
lb,
a-c 7n here. My assistant gets the meetings just
fine; the assistan door doesn't. So just take a look at it.
And then i ly, if I could please get the answer to the question
of how ma.1 n r1 r es, essential service personnel, teachers, first
respond=y ave benefited by our program of setting deposits, you
know, th •usin program, if I could get that; I never got that. I gotg
how much you're letting, I get the email, but I never got specifically for
those types of people.
COMMISSIONER FIALA: Before you get up from your seats, I
would like to invite everybody again to come to the FAC conference. I
bet you're a good one to go, and I know you're a good one to go. And
that would be -- that would be important. We've got the big FAC
Page 111
February 14, 2017
conference. It's the legislative FAC conference, so I'm hoping Florida
Association of Counties, that everybody would join us, and we have a
good contingent. They've got money up there, and we would like to
bring some back home. Thank you.
CHAIRMAN TAYLOR: County Attorney Klatzkow, anything to
add to this?
MR. KLATZKOW: No, ma'am.
MR. OCHS: Ma'am?
CHAIRMAN TAYLOR: Ms. Kinzel, anything
MS. KINZEL: No, ma'am. 0
MR. OCHS: May I?
CHAIRMAN TAYLOR: Yes, of cou S'
41
MR. OCHS: Thank you.
Commissioners, just a reminder .e Save upcoming workshops.
You've got your followup to the U . :' e pert on February 24th at 9 a.m.
On March 7th at 9 a.m., you ha -'u - 'oint workshop with the City of
Naples. Mr. Moss had sent If,, . ggested list of topics from the City
Council, and we've revie -,. k.1 ' se, and those are essentially the same
issues we'd want to tal m about.
We've got beairk ng, beach renourishment, storm water
utility, transport. • •lanning, and housing affordability.
COMMI R McDANIEL: Nice vernacular change.
MR 1,,, t :• Thank you, sir.
I w. - _ o just confirm that with the Board and see if anyone on
the Co sion has any topics.to ics. I know at one point,
Commissioner Taylor, you had mentioned you had some interest in
talking about a countywide ethics commission --
CHAIRMAN TAYLOR: Yes.
MR. OCHS: -- with -- and I didn't know if you wanted that added
to the agenda.
CHAIRMAN TAYLOR: Yes, I do.
Page 112
February 14, 2017
MR. OCHS: Anything else, Commissioners, before we finalize
this agenda?
No response.)
MR. OCHS: Great. Thank you.
Also, Commissioner Fiala brought up the fact that the Florida
Association of Counties is having their legislative workshop on April
the 5th. That -- you'll notice that's the day after your sche. .= es April
4th CRA workshop, which right now we have schedul •
afternoon.
There was a suggestion maybe we ask the Be to: consider
moving that April 4th workshop with the C ' A ' Iti. ' a.m. so it would
allow commissioners that want to travel to Ili h d ssee to get out of
here in the afternoon so they could be upe or the meeting on the
5th. So if the Board's okay with that, , e'1 odify the calendars and
have that April 4th workshop at 9 .i•stead of 1 p.m.
COMMISSIONER FIAL " " • you.
MR. OCHS: Okay. • • 4 that's all I have, Madam Chair.
Thank you.
CHAIRMAN T A
i 4 N . Thank you very much. Hearing no
other comments, w a a e)ourned.
CoNAissioner McDaniel moved, seconded by Commissioner
Fiala and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
RANKING PROFESSIONAL ENGINEERING CONSULTANTS
Page 113
February 14, 2017
AND ENTERING INTO NEGOTIATIONS WITH TOP RANKED
FIRM HNTB CORPORATION PURSUANT TO SOLICITATION
OF CONTRACT #16-6699, ELEVEN BRIDGE REPLACEMENTS
PROJECT NUMBER NO. 66066; IF AN AGREEMENT CANNOT
BE REACHED WITH HNTB CORPORATION, TO CONTINUE
NEGOTIATIONS WITH THE REMAINING FIRMS IN THE
ORDER RANKED AND A PROPOSED AGREEMENT WI L
BE BROUGHT TO THE BOARD FOR CONSIDE ' A ill : AT A
SUBSEQUENT MEETING — TO REPLACE THE O ,, OWING
ELEVEN (11) BRIDGES, EAST OF IMMOKA 146 S 29 ROAD:
NOS. 030136, 030137, 030138, 030139, 030 -9 ... . ID 030141
CR-846/IMMOKALEE ROAD]; 030158. $1,1/4-
8 ' 8/COUNTY
LINE ROAD]; 030153, 030154, 03015 030156 [CR-858/OIL
WELL ROAD]
Att... )'Item #16A2
AMENDING AN EASE i-.
7. k. AGREEMENT AND EASEMENT
RELOCATION BET OLLIER COUNTY ("COUNTY")
AND HABITAT F A ' ANITY OF COLLIER COUNTY, INC.
HABITAT") I °D R TO ALLOW RELOCATION OF A
RECORDEDS EASEMENT ASSOCIATED WITH THE
PROJECT . A ` D VINCENT ACRES, PL20150002012, THAT
WAS P'
4,
s ,
S SLY CONVEYED TO THE COUNTY — AS
DETAIL IN THE EXECUTIVE SUMMARY
Item #16A3
RELEASING A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $315,831 .72 FOR PAYMENT OF
7,149.92 IN CODE ENFORCEMENT ACTIONS ENTITLED
Page 114
February 14, 2017
BOARD OF COUNTY COMMISSIONERS V. SIL VANO O.
DELGADO AND JORGE CHA VEZ. CODE ENFORCEMENT
BOARD CASE NO. CESD20090010558 RELATING TO
PROPERTY LOCATED AT 2556 RANDALL BLVD., COLLIER
COUNTY, FLORIDA - VIOLATIONS FOR A PARTIALLY
BUILT STRUCTURE WITH CANCELED/VOIDED PERMITS ON
PROPERTY ACQUIRED BY 815 K N LLC., VIA TAX411Ep
RECORDED AUGUST 31, 2016 AND BROUGHTIV
COMPLIANCE NOVERMBER 21, 2016
Item #16A4
14161Plte
RELEASING A CODE ENFORCEME N WITH A VALUE
OF $91,329.06 FOR PAYMENT OF P'•8 8. 11, RECEIVED
THROUGH PROCEEDS FROM ' AX DEED SALE OF THE
PROPERTY IN THE CODE E Wiiir " CEMENT ACTION
ENTITLED BOARD OF C I I COMMISSIONERS V IRA
DILOZIR. CODE ENFO ' NT BOARD CASE NO.
CEAU20140003887 ' ING TO PROPERTY LOCATED AT
4301 20TH PLAC
lir"
OLLIER COUNTY, FLORIDA - FOR
VIOLATIONS I A T D TO AN UNPERMITTED AND
UNMAINTA 140 ENCE ON PROPERTY ACQUIRED BY
TRACEY tx % ` LL AND MARA DEWRELL, VIA TAX DEED
SALE, ka, D ED ON OCTOBER 18, 2016 THAT WAS
BROUG741 INTO COMPLIANCE ON NOVEMBER 29, 2016
Item #16A5
RELEASING A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $78,980. 13 FOR PAYMENT OF $680.13
IN RELATION TO CODE ENFORCEMENT BOARD CASE NO.
Page 115
February 14, 2017
CEPM20120001293 RELATED TO PROPERTY AT 5352 23RD
PLACE SW, COLLIER COUNTY, FLORIDA — VIOLATIONS
CONSISTING OF BROKEN WINDOWS AND A DAMAGED
WOODEN GATE ON THE PROPERTY BROUGHT INTO
COMPLIANCE JANUARY 15 2016 AND FOLLOWING
FORECLOSURE (CASE NO. 2016-CA-1201) A CERTIFICATE OF
TITLE WAS RECORDED NOVEMBER 1, 2016 IN FA O OF
WELLS FARGO BANK NATIONAL ASSOCIATIO
TRUSTEE FOR BANK OF AMERICA ALTERN V LOAN
TRUST 2004-2 MORTGAGE PASS-THROUG R IFICATES
Item #16A6
ASA *
fte
RECORDING THE FINAL PLAT •. _ I S OF COLLIER
PRESERVE PHASE 10, (APPLIC A ; )N NUMBER
PL20160001842) APPROVA I E STANDARD FORM
CONSTRUCTION AND NANCE AGREEMENT AND
APPROVAL OF THE OF THE PERFORMANCE
SECURITY — WITHI SABAL BAY PUD
111
Item #16A7
RECORD R ::YE MINOR FINAL PLAT OF WINDING
CYPRE A SE 2 REPLAT, (APPLICATION NUMBER
PL20160410) — A DEVELOPMENT RUNNING PARALLEL
TO COLLIER BOULEVARD NEAR THE CORNER
OF U.S. 41 (TAMIAMI TRAIL)
Item #16A8 — Moved to Item #11D (Per Agenda Change Sheet)
Item #16A9
Page 116
February 14, 2017
AN ADOPT-A-ROAD PROGRAM AGREEMENT WITH THE
VOLUNTEER GROUP, JOHN R. WOOD, INC., FOR A
SEGMENT OF PINE RIDGE ROAD BETWEEN US 41 AND
AIRPORT-PULLING ROAD, WITH TWO (2) RECOGNITION
SIGNS AND TWO (2) ADOPT-A-ROAD LOGO SIGNS —
ADOPTING A 2-MILE SEGMENT OF ROAD FOR THE
PROGRAM THAT ALLOWS VOLUNTEER GROUPS())
REMOVE ROADSIDE LITTER
Item #16A10 — Withdrawn (Per Agenda Change 0-.-t);
The deductive change order was included in t nge Order Report
16E8) in today's Consent Agenda (Per A ` d. Change Sheet)
RECOMENDATION THE COUNT A I AGER OR HIS
DESIGNEE EXECUTE AN AFT :. E FACT DEDUCTIVE
CHANGE ORDER NO. 2 UN ONTRACT #16-7009 WITH
EARTH TECH ENTERPR :414gO R 2016 BEACH
RENOURISHMENT
Item #16A 11
4'<"S"S)
A PROPOSE P T OF PROJECTS SUBMITTED FOR THE
FY2018 B • `'RESS BASIN LOCAL PARTNERSHIP GRANTS
PROGj SCAL IMPACT: $1,475,000) — AS DETAILED IN
THE EX TIVE SUMMARY
Item #16B1
AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES
FOR A JOINT WATER LINE UPGRADE AND INSTALLATION
OF FIRE HYDRANTS ON PETERS AVENUE, COLLEE COURT
Page 117
February 14, 2017
AND GORDON STREET IN THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA AND
NECESSARY BUDGET AMENDMENT — A PHASED MULTI-
YEAR PROJECT WITH TOTAL COSTS ESTIMATED AT $5.3
MILLION; THIS AGREEMENT WILL REMAIN IN FULL FORCE
UNTIL THE COMPLETION OF ALL SERVICES
Item #16C1
AWARDING CONTRACT #16-6604 IN THE A`` _ T OF
224,8860, TO CUMMINS POWER SOUT 0 1 I ,, EPLACE A
DIESEL GENERATOR UNIT AT THE S VA COUNTY
REGIONAL WATER PLANT, PROJE 70104
Item #16C2 6
A $25,000 CONTRIBUTIO R. I , ARD THE PURCHASE OF A
VEHICLE, FROM THE _ ', 0 A DEPARTMENT OF
ENVIRONMENTAL ' 2 CTION AS PART OF THE
ACCEPTANCE O - S ` ASSIGNMENT 11 AND ASSOCIATED
REVENUE, UN CONTRACT NO. GC-690 WITH COLLIER
Item #16D
SUBMI N OF A FY 2015/16 GRANT APPLICATION FOR
FEDERAL HIGHWAY ADMINISTRATION FLEXIBLE
FUNDING IN THE AMOUNT OF $80,000 FOR THE PURCHASE
AND INSTALLATION OF ADDITIONAL BUS SHELTERS
THROUGH THE FEDERAL TRANSIT ADMINISTRATION
FTA) TRANSIT AWARD MANAGEMENT SYSTEM
Page 118
February 14, 2017
Item #16D2 — Moved to Item #11E (Per Agenda Change Sheet)
Item #16D3
A TRANSPORTATION COORDINATION AGREEMENT WITH
GOOD WHEELS, INC. TO ALLOW LIMITED PARATRANSIT
TRANSPORTATION SERVICE JUST NORTH OF TH
LEE/COLLIER COUNTY LINE
Item #16D4c«
istAl
ACCEPTING AND RATIFYING FEE W S GRANTED BY
THE DIRECTOR OF DOMESTIC ANI LA ERVICES FOR THE
PERIOD OF MAY 1, 2016 THROU._ H
Tu '
TEMBER 30, 2016 IN
ACCORDANCE WITH THE PRe k . ESTABLISHED BY
RESOLUTION NO. 2016-125 ,I VING FEES IN THE
AMOUNT OF $1,950 FOR a+l RIOD MAY 1 — THROUGH
SEPTEMBER 30, 2016
Item #16D5
fc,
INCREASIN I ATED ANNUAL EXPENDITURES ON
RECRE A
440
ON • L EQUIPMENT" TO VARSITY BRANDS
HOLDIs, INC. D/B/A BSN SPORTS, LLC, FROM $50,000
TO AN
46.
k OUNT UP TO $100,000 PER FISCAL YEAR
Item #16D6
CONTRACT #16-7028 AWARDED TO JOHN R. TOSCANO,
INC., FOR "CLAM PASS BEACH PARK ELECTRICAL
UPGRADES," IN THE AMOUNT OF $603,500, PLUS $5,000 FOR
Page 119
February 14, 2017
COUNTY PERMITTING FEES, FOR A TOTAL OF $608,500
USING TOURIST DEVELOPMENT TAX CATEGORY "A"
BEACH PARK FACILITIES FUNDING, AUTHORIZE THE
CHAIRMAN TO EXECUTE THE CONTRACT, AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM
Item #16D7
CONTRACT #16-6683 AWARDED TO JAFER CRikWUCTION,
CORP FOR ADA RELATED BUS STOP IMPR;1 MENTS FOR
AN ESTIMATED OF $275,690 AND CHAP111 TO SIGN THE
AGREEMENT
Item #16D8
AMENDMENT NO. 4 TO AN W 4 EMENT WITH THE
DEPARTMENT OF CHIL P ' A ND FAMILIES FOR THE
CRIMINAL JUSTICE k 44 HEALTH SUBSTANCE ABUSE
GRANT; AMENDM 3 WITH THE COLLIER COUNTY
SHERIFF'S OFFI E STATING THE NATIONAL
ALLIANCE M L ILLNESS OF COLLIER COUNTY'S
SUBAGREE 41 AS WELL AS APPROVE THE ASSOCIATED
AMENDE Gert T BUDGET AND APPLICATION
Item #1 sl:.
THE EXPENDITURE OF CATEGORY "A" BEACH PARK
FACILITY TOURIST TAX FUNDS FOR BEACH PARK
ENTRANCE ENHANCEMENTS AND INTERPRETIVE
SIGNAGE AT TIGERTAIL BEACH PARK FOR $23,459.71,
AWARD REQUEST FOR QUOTE (RFQ) TO SIGN PRO
Page 120
February 14, 2017
OF NORTH FLORIDA, INC., AND MAKE A FINDING THAT
THIS EXPENDITURE PROMOTES TOURISM
Item #16E1
COUNTY ATTORNEY TO ADVERTISE THE REPEAL OF
ORDINANCE NO. 1984-84, WHICH CREATED THE CO LIER
COUNTY FIRE CONTROL MUNICIPAL SERVIC ING
UNIT
Item #16E2AciP
COUNTY ATTORNEY TO ADVERTI RNH OF
ORDINANCE NO. 2015-18, WHIG C l' ATED THE FIDDLERS
CREEK MUNICIPAL RESCUE IRE SERVICES DISTRICT
Item #16E3
COUNTY ATTORN . 41 ADVERTISE THE REPEAL OF
ORDINANCE NO : 11"8-A 9, AS AMENDED, WHICH CREATED
THE ISLES OF I MUNICIPAL FIRE SERVICES TAXING
DISTRICT
Item #1
RESOLUTION 2017-15: A LEASE AGREEMENT WITH STATE
REPRESENTATIVE BYRON DONALDS FOR USE OF
COUNTY-OWNED OFFICE SPACE
Item #16E5
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February 14, 2017
RESOLUTION 2017-16: A LEASE AGREEMENT WITH STATE
REPRESENTATIVE BOB ROMMEL FOR USE OF COUNTY-
OWNED OFFICE SPACE
Item #16E6
REJECTING RESPONSES RECEIVED FOR INVITAT ':• TO
BID (ITB) #16-6686R, OVERHEAD DOORS AND A No vi
ATIC
GATES FOR USE COUNTYWIDE AND AUTH• ' ' I G
COUNTY STAFF TO RE-SOLICIT0
Item #16E7
S'S
REJECT RESPONSES RECEIVED,- O VITATION TO BID
ITB) #16-6697, MAINTENANC . 4, ' • MINOR REPAIRS FOR
USE COUNTYWIDE AND A ." RIZE COUNTY STAFF TO
RE-SOLICIT
Item #16E8
ADMINISTRAR PORTS PREPARED BY THE
PROCUREM RVICES DIVISION FOR CHANGE
ORDERS, . US PROPERTY AND OTHER ITEMS AS
N.
IDENT .;:'
iriiii AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16E9
RESOLUTION 2017-17: REVISING POLICIES AND
PROCEDURES TO GOVERN THE OPERATION OF LAKE
TRAFFORD MEMORIAL GARDENS
Page 122
February 14, 2017
Item #16E10
A BUDGET AMENDMENT, IN THE AMOUNT OF $333,085
TO FULLY FUND PROJECT #50136: BUILDING C-2
ALTERATIONS, FOR RELOCATION OF THE PROCUREMENT
SERVICES DIVISION
4\
0)Item #16F1
4444%')'
RESOLUTION 2017-18: APPROVING AMEN S
APPROPRIATING GRANTS, DONATIO I TRIBUTIONS
OR INSURANCE PROCEEDS) TO THE .YEAR 2016-17
ADOPTED BUDGET
Item #16F2
TOURIST DEVELOPMEN '141 CIL GRANT APPLICATION
FORMS FOR CATEGO ' _ ` : AND "C-2" AND SPORTS
EVENT ASSISTANC " '„ QUESTS FOR FY 18 (OCTOBER 1,
2017 - SEPTEMB 1 018) AND MAKE A FINDING THAT
THESE EXPEN ^ RES PROMOTE TOURISM
Item #16F
TOURIS EVELOPMENT TAX CATEGORY "B" FUNDING
FOR CHANGE ORDER #1 TO CONTRACT #15-6419 - SPORTS
FACILITIES ASSESSMENT WITH HUNDEN STRATEGIC
PARTNERS IN AN AMOUNT NOT TO EXCEED $16,800 AND
MAKE A FINDING THAT THESE EXPENDITURES PROMOTE
TOURISM
Page 123
February 14, 2017
Item #16F4
TOURIST DEVELOPMENT TAX CATEGORY "B" FUNDING TO
SUPPORT TWO UPCOMING FY17 SPORTS EVENTS UP TO
6,500 AND MAKE A FINDING THAT THESE EXPENDITURES
PROMOTE TOURISM
Item #16F5
CONTINUED FROM THE JANUARY 24, 2017 : EETING.
ADOPTING THE 2017 STRATEGIC PLAN 'ta u- THE
INCLUSION OF MINOR CHANGES B A Vj PON DIRECTION
RECEIVED AT THE BOARD WORK ANUARY 3, 2017
Item #16G1
A COMMERCIAL AVIAT ' b 'ERATIONS LICENSE
AGREEMENT WITH A % 747 BANNERS, INC. FOR BANNER
TOWING OPERATI•THE IMMOKALEE REGIONAL
AIRPORT Ilk
Se
Item #16J1
A REP• R 41 0 THE BOARD REGARDING THE INVESTMENT
OF CO IT Y FUNDS AS OF THE QUARTER ENDED
DECEMBER 31, 2016
Item #16J2
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
Page 124
February 14, 2017
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE
FOR WHICH THE REFERENCED DISBURSEMENTS WERE
DRAWN FOR THE PERIOD BETWEEN JANUARY 12 AND
FEBRUARY 1, 2017 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J3
PURSUANT TO THE BOARD'S PURCHASING 0 ' CE
2013-69, AS AMENDED, REQUEST THAT THE .' A" D
APPROVE AND DETERMINE VALID PUBLI 016 RPOSE FOR
INVOICES PAYABLE AND PURCHASIN '
TRANSACTIONS AS OF FEBRUARY 8. 7
Item #16K1
REJECT AN OFFER OF JUD C T IN THE AMOUNT OF
25,000 EXCLUDING AL AI *RNEYS FEES, EXPERT
WITNESS FEES AND AS FULL COMPENSATION FOR
THE TAKING OF P " 401 RDUE NEEDED FOR TO WIDEN
GOLDEN GATE Vi ARD FROM 20TH STREET EAST TO
EAST OF EVE ' 1111 A DES BOULEVARD, PROJECT NO. 60145.
FISCAL IMP A 41 0)
NIP
Item #1144
REJECT AN OFFER OF JUDGMENT IN THE AMOUNT OF
25,000 EXCLUDING ALL ATTORNEYS FEES, EXPERT
WITNESS FEES AND COSTS AS FULL COMPENSATION FOR
THE TAKING OF PARCEL 399RDUE NEEDED TO WIDEN
GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO
EAST OF EVERGLADES BOULEVARD, PROJECT NO. 60145.
Page 125
February 14, 2017
FISCAL IMPACT: $0)
Item #16K3
A SETTLEMENT AGREEMENT AND MUTUAL RELEASE IN
THE LAWSUIT STYLED LORETTA KANE V. COLLIER COUNTY
CASE NO. 16-CA-00076), NOW PENDING IN THE ' UIT
COURT OF THE TWENTIETH JUDICIAL CIRCUIT 1 • D
FOR COLLIER COUNTY, FLORIDA
Item #16K4
A FINAL JUDGMENT FOR PARCEL 1 UE IN THE CASE
STYLED COLLIER COUNTY V B ; 17 ; OTHERS ENTERPRISES,
INC., ET AL., CASE NO. 15-CA--' bi OW PENDING IN THE
TWENTIETH JUDICIAL CIR r " -, COLLIER COUNTY,
REQUIRED FOR WIDENI , % 3 LDEN GATE BOULEVARD
PROJECT NO. 60040). x L IMPACT. $10,400)
Item #17A
RESOLUTIO 19: PETITION VAC-PL20160003082, TO
DISCLAI R :,. `1 OUNCE AND VACATE COUNTY AND
PUBLI EST IN A PORTION OF A 6-FOOT PUBLIC
UTILIT MASEMENT LOCATED ALONG THE
NORTHEASTERLY BORDER OF LOTS 1 THROUGH 4, BLOCK
1 OF TRAIL ACRES, RECORDED IN PLAT BOOK 3, PAGE 50
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE
OF SOUTHWEST BOULEVARD, JUST SOUTH OF TAMIAMI
TRAIL EAST, IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE
Page 126
February 14, 2017
26 EAST, COLLIER COUNTY, FLORIDA
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:35 p.m
BOARD OF COUNTY CO ' S ONERS
BOARD OF ZONING A ' 'T: EX
OFFICIO GOVERNI ,
r
O A RD(S) OF
SPECIAL DISTRIC P DER ITS CONTROL
PENNY ,% OR, CHAIRMAN
ATTEST:
711.‘
DWIGHT E. BRO , L RK
These mi es approved by the Board on as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 127