BCC Minutes 03/28/2017 RMarch 28, 2017
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida,
March 28, 2017
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m., in REGULAR
SESSION in Building "F" of the Government Complex, East Naples,
Florida, with the following members present:
Chairman: Penny Taylor
Andy Solis
Donna Fiala
William L. McDaniel, Jr.
Burt L. Saunders
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Director of Finance and Accounting
Troy Miller, Television Operations Manager
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
March 28, 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."
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March 28,2017
ill
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 Reverend Dr. Bob Scudieri, Member of Peace Lutheran
Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent and summary
agenda.)
B. February 24, 2017 - BCC/Housing Affordability Workshop
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C. February 28, 2017 - BCC/Regular Meeting Minutes
D. March 7, 2017 - BCC/City of Naples Joint Meeting
3. SERVICE AWARDS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) Marilyn McKay, Library
2) 25 YEAR ATTENDEES
a) Ronney Cox, Library
3) 30 YEAR ATTENDEES
a) Tessie Sillery, Public Transit and Neighborhood Enhancement
B. ADVISORY BOARD MEMBERS
C. RETIREES
4. PROCLAMATIONS
A. Proclamation designating April 10, 2017, as Gopher Tortoise Day in Collier
County, in recognition of the importance of protecting gopher tortoises and
gopher tortoise habitat. To be accepted by representatives of the Friends of
Barefoot Beach: Denny Dolmage, Rebecca Edelbrock, Margaret Winn and
Ken Edelbrock and representatives of the Collier County Parks and
Recreation Division: Maura Kraus and Nancy Olson.
B. Proclamation designating March 30, 2017, as Liberty Day in Collier County,
in recognition of the mission of the 27-67 Constitution Project - to promote
knowledge and understanding of the United States Declaration of
Independence and the United States Constitution by delivering constitution
booklets to fifth graders in Collier County. To be accepted by
representatives of the 27-67 Constitution Project: Lois Bolin, Joseph
Cofield, Ron Kezeske, Virginia Bailey and April Hoover.
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5. PRESENTATIONS
A. Presentation of the 2017 "Against All Odds" award to Carlos Ruiz for
demonstrating fortitude, determination and perseverance to overcome great
challenges and enrich our community.
6. PUBLIC PETITIONS
A. Public Petition request from Mr. R.C. "Rick" Lussy regarding the Collier
County Property Appraiser.
Item #7 to be heard no sooner than 1:00 p.m. 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 p.m. unless otherwise noted.
8. BOARD OF ZONING APPEALS
A. This item is being continued to the May 23, 2017 BCC meeting. This
item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Recommendation to approve a
Resolution of the Board of Zoning Appeals of Collier County, Florida,
granting a waiver from the minimum required separation of 500 feet
between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land
Development Code, for property 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 (ASW-PL20150002369) [This is a
companion to VAC-PL20150002788, Agenda Item #17A].
9. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 9:45 a.m. Recommendation to consider an
Ordinance amending Ordinance Number 04-41, as amended, the Collier
County Land Development Code, which includes the comprehensive land
regulations for the unincorporated area of Collier County, Florida, by
providing for: Section One, Recitals; Section Two, Findings of Fact; Section
Three, Adoption of Amendments to the Land Development Code, more
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specifically amending the following: Chapter Two - Zoning Districts and
Uses, including section 2.03.06 Planned Unit Development Districts, section
2.03.09 Open Space Zoning Districts, more specifically, to add uses to the
list of permitted and conditional uses in the Golf Course (GC) Zoning
District; Chapter Three - Resource Protection, including section 3.05.07
Preservation Standards; Chapter Five - Supplemental Standards, adding
section 5.05.15 Conversion of Golf Courses; Chapter Six - Infrastructure
Improvements and Adequate Public Facilities Requirements, including
section 6.05.01 Water Management Requirements, adding section 6.05.03
Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling
Units, and Duplexes; Chapter Ten - Application, Review, and Decision-
Making Procedures, including section 10.03.06 Public Notice and Required
Hearings for Land Use Petitions; Section Four, Conflict and Severability;
Section Five, Inclusion in the Collier County Land Development Code; and
Section Six, Effective Date. (This is a companion to Agenda Items #16.A.3
and #16.A.15).
10. BOARD OF COUNTY COMMISSIONER
11. COUNTY MANAGER'S REPORT
A. Recommendation to evaluate the financing plan associated with developing
a regional tournament caliber sports facility and to provide guidance on
future actions. (Mark Isackson, Corporate Financial and Management
Services Division Director)
B. Recommendation to approve initial funding in the amount of$1.8 million
plus a 10% contingency amount of$180,000 for conversion of multipurpose
natural turf fields to artificial turf, authorizes staff to issue a design work
order from the engineering continuing services contract, approves the TDC
Category "B" Tourism Promotion Fund (184) budget amendments in the
amount of$1.98 million, and makes a finding that this expenditure promotes
tourism. (Barry Williams, Parks and Recreation, Director)
C. Recommendation to award Invitation to Bid No. 17-7092 to DEC
Contracting Group, the lowest, qualified responsive bidder for the Eagle
Lakes Community Park Aquatic Center, in the amount of$9,230,657.63, and
authorize the Chairman to execute the contract. (Barry Williams, Parks and
Recreation Director)
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D. Recommendation to adopt three resolutions authorizing the condemnation of
those perpetual easement interests necessary for the construction of
roadway, drainage and utility improvements required for the expansion of
Golden Gate Boulevard from east of Everglades Boulevard to east of the
Faka Union Canal. (Project No. 60145). Estimated fiscal impact:
$2,450,000. (Jay Ahmad, Transportation Engineering Division Director.)
E. Recommendation to adopt a resolution authorizing the acquisition by gift or
purchase of those perpetual easement interests necessary for the construction
of roadway, drainage and utility improvements required for the expansion of
Golden Gate Boulevard from east of Everglades Boulevard to east of the
Faka Union Canal. (Project No. 60145.) Estimated fiscal impact:
$2,450,000. (Jay Ahmad, Transportation Engineering Division Director.)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to authorize the Bayshore Beautification MSTU to
proceed with the design and permitting of the Thomasson
Drive/Hamilton Harbor Streetscape Design Project provided for in
Exhibit "A" to promote safer traffic patterns for both vehicle and
pedestrian traffic by incorporating a roundabout into the design.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Future 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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A. GROWTH MANAGEMENT DEPARTMENT
1) 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 Ranch at Orange Blossom
Phase 2A, (Application Number PL20150002151) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security. (This is a companion to
Agenda Item #17C, Vacation of Easements; both items must be
approved or both items denied).
2) Recommendation to award Agreement No. 15-6471 for Design
Services for Local Agency Program (LAP) funded projects to Johnson
Engineering, Inc. for "Engineering & Design Services for LAP
Funded Projects." (Growth Management Grant Fund 711).
3) Recommendation to approve a Resolution amending the Collier
County Growth Management Department/ Planning and Regulation
Fee Schedule with an effective date of July 1, 2017, to include two
new fees for two new applications titled "Intent to Convert" and
"Compatibility Design Review." The applications are in accordance
with Land Development Code Amendments within the 2016 Land
Development Code Amendment Cycle that establishes a new process
for the conversion of golf courses to a different land use. (This is a
companion item to Agenda Items #9.A and #16.A.15).
4) Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation in which
Collier County would be reimbursed up to $232,984 for the design,
construction and construction engineering inspection (CEI) services
for the 49th Terrace SW sidewalk improvement project and to
authorize the necessary budget amendment (Project#33507) (FPN
435119-1-38/58/68- 01).
5) Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation in which
Collier County would be reimbursed up to $395,556 for the design,
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construction and construction engineering inspection (CEI) services of
bike lanes on CR 862 (Vanderbilt Beach Road) and to authorize the
necessary budget amendment (Project #33503) (FPN 435118-1-
38/58/68-01).
6) Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation in which
Collier County would be reimbursed up to $918,611 for the design,
construction and construction engineering inspection (CEI) services
for the Goodlette Frank Road and 111th Avenue North sidewalks and
to authorize the necessary budget amendment (Project #33506) (FPN
435117-1-38/58/68-01).
7) Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation in which
Collier County would be reimbursed up to $734,057 for the design,
construction and construction engineering inspection (CEI) services
for sidewalks on Golden Gate Parkway and Santa Barbara Boulevard
and to authorize the necessary budget amendment (Project #33504),
(FPN 435116-1-38/58/68).
8) Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation in which
Collier County would be reimbursed up to $640,069 for the design,
construction and construction engineering inspection (CEI) services
for the Sunshine Boulevard from 17th Avenue SW to Green
Boulevard Sidewalk Project, and to authorize the necessary budget
amendment (Project#33505) (FPN 435030-1-38/58/68-01).
9) Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation in which
Collier County would be reimbursed up to $334,874 for the design,
construction and construction engineering inspection (CEI) services
for the Golden Gate Sidewalks at Various Locations Project and to
authorize the necessary budget amendment (Project#33491) (FPN
434990-1-38/58/68-01).
10) 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
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approve for recording the final plat of Thrive at Naples, (Application
Number PL20160002147) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
11) Recommendation to approve an After-The-Fact U.S. Department of
Housing and Urban Development Community Development Block
Grant application submittal to fund the Immokalee Stormwater
Improvement Acquisition Project and the Peters Avenue Sidewalk and
Lighting Project totaling $420,444.
12) Recommendation to execute "Public Officer Conflict of Interest
Certifications" related to Agreement No. 15-6471 for Engineering &
Design Services for Local Agency Program (LAP) Funded Projects.
13) Recommendation to approve Change Order No. 1 to the Department
of Environmental Protection (DEP) Agreement No. LP11030 between
the Collier County Board of County Commissioners (BCC) and the
State of Florida DEP to modify the name of the DEP's Grant
Manager.
14) Recommendation to approve Change Order No. 1 to the Department
of Environmental Protection (DEP), Agreement No. S0859 between
the Collier County Board of County Commissioners (BCC) and the
State of Florida DEP to modify the name of the DEP's Grant
Manager.
15) Recommendation to approve a Resolution amending Ordinance No.
2004-66, as amended, that created an administrative code for Collier
County, to amend Exhibit "B," Administrative Code for Land
Development, by amending Chapter Three, Quasi-Judicial Procedures
with a Public Hearing, more specifically to add section K,
Compatibility Design Review; amending Chapter Four,
Administrative Procedures, more specifically to add section M,
Stormwater Plan, and section N, Intent to Convert Application for
Golf Course Conversions; amending Chapter Eight, Public Notice,
more specifically to add section F, Stakeholder Outreach Meeting for
Golf Course Conversion (SOM); amending Chapter 12, Acronyms;
and amending Chapter 13, Glossary; and providing an effective date.
(This is a companion to Agenda Items #9.A and #16.A.3)
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16) Recommendation to authorize a budget amendment in the amount of
$3,283,000 from Fund (112) reserves and appropriating these dollars
within the following Fund (112) projects to continue implementation
of the median landscape capital program: Immokalee Road - Collier
Blvd to Wilson and Wilson to 43rd; Collier Blvd. - US 41 to Marino
Circle and Marino Circle to Davis and Golden Gate Blvd to
Immokalee Road; Santa Barbara - Davis Blvd. To Bridge No.
030206NB, 030205SB at I-75; and Santa Barbara Extension -
Rattlesnake to Davis Blvd.
17) Recommendation to approve the award of Request for Proposal No.
16-6663, "Roadway Contractors," to Preferred Materials, Inc., Ajax
Paving Industries of Florida, LLC, Bonness, Inc. and Wright
Construction Group.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation for the Collier County Community Redevelopment
Agency and the Board of County Commissioners to review and accept
the Bayshore Gateway Triangle and Immokalee CRA's 2016 Annual
Reports, and publish public notice of the filing.
C. PUBLIC UTILITIES DEPARTMENT
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve a donation of$2,219.92 to the
Conservation Collier Program as offsite preservation for Comcast
Data Facility (PL-20140002387) to satisfy the native vegetation
retention requirement.
2) Recommendation to authorize execution of the Federal Transit
Administration (FTA) 49 U.S.0 5307 FY16 grant award in the
amount of$2,743,559 through the Transit Award Management
System (TrAMS).
3) Recommendation to approve an hourly rate for Charter Service that
will allow Collier Area Transit to comply with the Federal Transit
Administration Charter guidelines.
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4) Recommendation to approve an after-the-fact Victims Advocacy
Organization grant application for a three-year Department of Justice
(DOJ) Drug Court Discretionary Grant in the amount of$572,527.
5) Recommendation to award ITB #17-7053 Vending Machine Services,
to Complete Vending Inc., and authorize the Chair to execute the
attached Agreement.
6) Recommendation to approve an "after-the-fact" amendment,
attestation statement and budget amendment for the Older Americans
Act Program Title III from Area Agency on Aging for Southwest
Florida, Inc. to reflect the final FY16 grant funding amount. (Net
Fiscal Impact of$85,000.93 in program funds and local match
funding of$9,444.76).
7) Recommendation to acknowledge April 21, 2017, as Try Transit Day
and to authorize complimentary rides to all transit riders on that date.
8) Recommendation to approve four mortgage satisfactions for the State
Housing Initiatives Partnership loan program in the combined amount
of$46,740.
9) Recommendation to approve and authorize the Chairman to sign one
satisfaction of mortgage for a first time home buyer of an affordable
housing unit that has satisfied the terms of assistance for the Collier
County Neighborhood Stabilization Program and authorize a budget
amendment recognizing the program income.
10) Recommendation to approve an expenditure of Tourist Development
Tax Category "A" Beach Park Facility funds to Q. Grady Minor and
Associates, P.A., using Contract Number 13-6164, "Professional
Services for Engineers and Architects," for an engineering report for
drainage improvements at Barefoot Beach Park, for $4,590, and make
a finding that this expenditure promotes tourism.
11) Recommendation to approve an expenditure of Tourist Development
Tax for Category "A" Beach Park Facilities to Bridging Solutions,
LLC, using Contract Number 13-6164, "Professional Services for
Engineers and Architects", for a boardwalk inspection at Clam Pass
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Park, for$10,468, and make a finding that this expenditure promotes
tourism.
12) Recommendation to approve an expenditure of Tourist Development
Tax for Category "A" Beach Park Facilities funds to Bridging
Solutions, LLC under Contract Number 13-6164, "Professional
Services for Engineers and Architects", for a boardwalk inspection at
the Barefoot Beach Preserve Park for $13,040, and make a finding
that this expenditure promotes tourism.
"after-the-fact"Recommendation to approve anafter-th " mendment to the a-f cte a
Nutrition Services Incentive Program, attestation statement and
budget amendment from Area Agency on Aging for Southwest
Florida, Inc. for the Services for Seniors Program (Net Fiscal Impact
$3,744.65).
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve the purchase of property insurance
effective April 1, 2017 in the estimated amount of$2,330,299, a
reduction of$77,500.
2) Recommendation to approve a Resolution in support of achieving the
status of Blue Zones employer from the Blue Zones Project of
Southwest Florida.
3) Recommendation to award Invitation to Bid #17-7087 "Re-Roof-
Collier County Museum Main Building" to Target Roofing & Sheet
Metal, Inc. in the amount of$114,208.00 and authorize the Chair to
execute the contract.
4) Recommendation to approve a Resolution authorizing the Chairperson
to execute Deed Certificates for the sale of burial plots at Lake
Trafford Memorial Gardens Cemetery during the 2017 calendar year,
on behalf of the Administrative Services Department.
5) Recommendation to award Invitation to Bid #17-7093 "Building 'F'
Roof Replacement" to Crowther Roofing & Sheet Metal FL, Inc. in
the amount of$360,400.
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6) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of items available for surplus.
7) Recommendation to approve the sale and disposal of surplus assets
per Resolution 2013-095 for the sale of Collier County Surplus
property on April 29, 2017; approve the addition of surplus items
received subsequent to the approval of this Agenda Item for sale in the
auction; ratify the Naples Airport special event agreement for the
event; and authorize the County Manager or designee to sign for the
transfer of vehicle titles.
8) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other items
as identified.
9) Recommendation to award RFP #16-6596 Safety, Security and
Access Infrastructure Programs and Equipment for Countywide use to
Johnson Controls, Inc. and Commercial Electrical Systems Company
and authorize the Chair to sign the necessary agreements.
10) Recommendation to recognize and appropriate carry forward to fund
the purchase of P25 Compliant Radios for Emergency Medical
Services in the amount of$460,000.
11) Recommendation to adopt a Resolution and approve a Lease
Agreement with Congressman Mario Diaz-Balart for use of County-
owned office space.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to authorize the County Manager or his designee to
prepare and submit applications to renew service marks with the
United States Patent & Trademark Office and with State of Florida
Division of Corporations to preserve the County's advertising, logos,
phrases and slogans, and make a finding that this expenditure
promotes tourism.
G. AIRPORT AUTHORITY
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1) Recommendation to approve staff's ranking of aviation service
providers for vacant counter space at the Marco Island Executive
Airport and direct staff to pursue a Collier County Airport Authority
Standard Form Lease Agreement with Island Air Charters, Inc.
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) 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 March 22,
2017.
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
periods between March 2 and March 15, 2017 pursuant to Florida
Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the total
amount of$17,000 for the taking of Parcel 239RDUE required for the
Golden Gate Boulevard Project, Project No. 60040 (west of 16th St.
E. to 18th St. E.), in the pending case styled Collier County v. Octavio
M. Alfonso, et al., Case No. 15-CA-0230. (Fiscal Impact: $15,290)
2) Recommendation to approve a Stipulated Final Judgment in the total
amount of$7,000 for the taking of Parcel 347RDUE required for the
Golden Gate Blvd. Project No. 60145 (from 20th St. E. to east of
Everglades Blvd.), in the pending case styled Collier County v.
William J. Zavasky, Jr., et al., Case No. 16-CA-1272 (Fiscal Impact:
$1,070).
3) Recommendation to approve a Stipulated Final Judgment in the total
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it
amount of$32,500 for the taking of Parcel 237RDUE required for the
Golden Gate Boulevard Project, Project No. 60040 (west of 16th St.
E. to 18th St. E.), in the pending case styled Collier County v. Octavio
M. Alfonso, et al., Case No. 15-CA-0230 (Fiscal Impact: $27,115).
4) Recommendation to appoint a member to the Bayshore Beautification
MSTU Advisory Committee.
5) Recommendation to appoint an alternate member on the Code
Enforcement Board.
6) Recommendation to reappoint one member to the Public Transit
Advisory Committee.
7) Recommendation to appoint members to the Pelican Bay Services
Division Board.
8) Recommendation that the Board of County Commissioners appoints
Edwin Fryer, representing Commission District 4, to the Collier
County Planning Commission.
9) Recommendation to approve a Mediated Settlement Agreement in the
amount of$98,000 as full compensation for the taking of Parcels
216RDUE, 218RDUE, and 22ORDUE in the pending case styled
Collier County v. Eva Baldrich, et al, Case No. 14-CA-2701, required
for the Golden Gate Boulevard Expansion Project, Project No. 60040.
(Fiscal Impact: $87,470)
10) Recommendation that the Board of County Commissioners reviews
and approves the proposed 2-year extension to the Employment
Agreement for Mark Strain, Hearing Examiner.
11) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Mutual Release in the amount of$10,000,
in the lawsuit styled Philip P. Jimenez v. Collier County (Case No.
16-CA- 1014), now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida. (Premise liability
case involving a trip and fall injury, fiscal impact $10,000)
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March 28,2017
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. This item is being continued to the May 23, 2017 BCC meeting. 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 Petition VAC-PL20150002788 to
disclaim, renounce and vacate the County and the public interest in 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. (This is a companion to Agenda Item #8A)
B. Recommendation to adopt an amendment to Ordinance No. 2006-56, the
Rock Road Improvement Municipal Service Taxing Unit (MSTU), in order
to disband the three-person Rock Road Improvement MSTU Advisory
Committee
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20160001099, to disclaim, renounce and vacate the County and the public
interest in the Lake Maintenance and Drainage Easement described in
Official Record Book 3989, Page 4175 and a portion of the Drainage
Easement as described in Official Record Book 4373, Page 3774 of the
public records of Collier County, Florida. The subject property is located
north of the intersection of Oil Well Road and Hawthorn Road, in Section
13, Township 48 South, Range 27 East, Collier County, Florida. (This is a
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March 28,2017
I
companion to Agenda Item #16.A.1, Final Plat of Ranch at Orange Blossom
Phase 2A; both items must be approved or both items denied).
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2016-17 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 17
March 28,2017
March 28, 2017
Page 2
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats, if you have one.
Madam Chair, you have a live mike.
CHAIRMAN TAYLOR: Thank you very much. It's wonderful
to see so many people here this morning. Good morning, Collier
County. Good morning, everyone in the gallery. We're pleased to be
here.
And I think what we'll do now is -- excuse me. My notes are in
front of me. We'll have an invocation by Dr. Bob Scudieri. Hello,
Doctor. And then I'm going to ask Judge Janeice Martin afterwards to
lead us in the Pledge of Allegiance.
Item #1A
INVOCATION BY REVEREND DR. BOB SCUDIERI, MEMBER
OF THE LUTHERAN CHURCH – INVOCATION GIVEN
DR. SCUDIERI: Please rise.
Madam Chairman. Psalm 145, Verse 8, the Lord is gracious and
full of compassion. Let us pray.
Lord God, we have so much to thank you for today. Out of your
compassion, you have given us the beautiful land in which we live, the
incredible birds in our air, the astounding fish in our waters, the
tortoises that know our beaches as their homes. In all these we see
your love and compassion.
We thank you for the gift of liberty with which, out of your
compassion, you've blessed us, reflected in our courageous and wise
declaration of independence. We thank you for the compassion you've
shown us in giving us those here today who have served so well for so
long: The brave Carlos Ruiz, the long-serving Marilyn McKay,
Ronney Cox, and Tessie Sillery. All are evidence of your unending
March 28, 2017
Page 3
compassion towards Collier County.
We ask you, Heavenly Father, to make us compassionate. We
observe in our fallen world the principle of the survival of the fittest.
Keep us from following that fallen principle in our relationship with
each other and help us to rise above it and to work with compassion.
Guide this board in all they do for the work of the common good of all
its citizens, especially for those without decent affordable housing. All
of us become more secure when the most needy among us are met with
compassion.
Help us to reflect your compassion. Jesus preached, blessed are
the merciful, for they shall receive mercy.
We pray, God, make your compassion real in Collier County
through the actions of this board this day.
In your holy name we pray, amen.
CHAIRMAN TAYLOR: Judge Martin.
JUDGE MARTIN: Thank you, Madam Chair.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN TAYLOR: County Manager?
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AND SUMMARY AGENDA) - APPROVED AND/OR
ADOPTED W/CHANGES
MR. OCHS: Good morning, Madam Chair and Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of March 28th, 2017.
The first proposed change is to move Item 16E2 from the Consent
March 28, 2017
Page 4
Agenda to become Item 11F on the County Manager's Regular Agenda
this morning. That move is made at Commissioner McDaniel's
request.
The next proposed change is to continue Item 16G1 to the April
11, 2017, board meeting, and that continuance is made at staff's
request. Commissioners, I have two notes related to your LDC
amendment item, Item 8 -- excuse me, 9A and the companion item,
which is your Administrative Code Amendments that implement your
Land Development Code. That is 16A15.
In both cases, per the previous discussion with the Board, the
amendments related to water management requirements and
stormwater plans are requested to be continued to your next meeting,
April 11th, and we will hear the remaining amendments as scheduled
today, and same with 16A5 with corresponding Administrative Code
Amendments for those two elements.
We have a time-certain hearing this morning, that is Item 9A, and
that will be heard at 9:45 a.m.
Reminders: Court reporter breaks are at 10:30 and 2:50 if
necessary.
Item 7, Public Comment on general topics not on the current or
future agenda, will be heard no sooner than 1 p.m. or at the conclusion
of the agenda, whichever occurs first.
Those are all the changes that I have, Madam Chair.
CHAIRMAN TAYLOR: Thank you very much. So at this point
I guess we'll go through --
MR. OCHS: County Attorney, ma'am?
CHAIRMAN TAYLOR: County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN TAYLOR: No changes.
MR. OCHS: Thank you.
CHAIRMAN TAYLOR: So any ex parte to declare and any
March 28, 2017
Page 5
changes to the agenda. Commissioner McDaniel?
COMMISSIONER McDANIEL: No ex parte.
CHAIRMAN TAYLOR: And no changes to the agenda?
COMMISSIONER McDANIEL: None other than suggested.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Just checking. Under -- yes, I have a
disclosure on the Summary Agenda, Item No. 17A, which is Avenue
B, First Street, Col-Lee-Co Terrace. I've had meetings,
correspondence, emails, and calls, and that's all I have.
CHAIRMAN TAYLOR: Thank you very much.
Commissioner Solis?
COMMISSIONER SOLIS: Nothing to disclose.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: I have no changes and nothing
to disclose as well.
CHAIRMAN TAYLOR: I echo that; no changes, no disclosures.
So we'll move to approve the agenda as stated.
COMMISSIONER SOLIS: So moved.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Proposed Agenda Changes
Board of County Commissioners Meeting
March 28, 2017
Move Item 16E2 to Item I1F: Recommendation to approve a Resolution in support of achieving
the status of Blue Zones employer from the Blue Zones Project of Southwest Florida.
(Commissioner McDaniel's request)
Continue Item 16G1 to the April 11,2017 BCC Meeting: Recommendation to approve staffs
ranking of aviation service providers for vacant counter space at the Marco Island Executive
Airport and direct staff to pursue a Collier County Airport Authority Standard Form Lease
Agreement with Island Air Charters,Inc. (Staff's request)
Note:
Item 9A: LDC amendments: Section 6.05.01 relating to Water Management Requirements and
Section 6.05.03 pertaining to Stormwater Plans are continued to the April 11th Board of County
Commissioners Board meeting. The remaining amendments will be heard on today's agenda.
Item 16A15: Administrative Code amendments: Section M,Stormwater Plan,of Chapter Four,
Administrative Procedures of the Administrative Code for Land Development is continued to the
April 11th Board of County Commissioners meeting. The remaining amendments will be heard on
today's agenda.
Time Certain Items:
Item 9A to be heard at 9:45 a.m.
4/7/2017 3:113 PM
March 28, 2017
Page 6
Item #2B
BCC/HOUSING AFFORDABILITY WORKSHOP MINUTES
FROM FEBRUARY 24, 2017 – APPROVED
MR. OCHS: Madam Chair, Item 2B is a recommendation to
approve the meeting minutes from the BCC Housing Affordability
Workshop on February 24, 2017.
CHAIRMAN TAYLOR: Do I hear a motion to approve?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN TAYLOR: All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
Item # 2C
BCC REGULAR BOARD MEETING MINUTES FROM
FEBRUARY 28, 2017 – APPROVED
MR. OCHS: Item 2C is approval of the regular board meeting
minutes of February 28, 2017.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN TAYLOR: Motion on the floor and a second to
March 28, 2017
Page 7
approve. All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
Item # 2D
BCC/CITY OF NAPLES JOINT MEETING MINUTES FROM
MARCH 7, 2017 – APPROVED
MR. OCHS: Item 2D approval of the minutes from the BCC/City
of Naples Joint Meeting held on March 7, 2017.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN TAYLOR: Do I hear a second?
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: Motion to approve by Commissioner
Fiala, seconded by Commissioner Solis.
All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
March 28, 2017
Page 8
MR. OCHS: Thank you.
Item # 3A1
EMPLOYEE SERVICE AWARD: 20 YEAR ATTENDEE –
PRESENTED
MR. OCHS: Commissioners, that takes us to Item 3 on this
morning's agenda, Employee Service Awards. If you would be kind
enough to join us in front of the dais so we can recognize our
employees.
Commissioners, we're pleased this morning to be able to honor
three of our associates for their long-standing commitment and
dedication to county government.
The first employee to be recognized celebrating 20 years of
service with county government from our Library Division, Marilyn
McKay. Marilyn?
(Applause.)
CHAIRMAN TAYLOR: Congratulations.
MR. OCHS: Get in there.
MS. McKAY: I want everybody to make sure we have a library
card.
MR. OCHS: Congratulations.
(Applause.)
Item #3A2
EMPLOYEE SERVICE AWARD: 25 YEAR ATTENDEE –
PRESENTED
MR. OCHS: Celebrating 25 years of service also with our
March 28, 2017
Page 9
Library Division, Ronney Cox. Ronney?
(Applause.)
MR. OCHS: Congratulations, Ronney.
Item #3A3
EMPLOYEE SERVICE AWARDS: 20 YEAR ATTENDEES –
PRESENTED
MR. OCHS: Commissioners, our final awardee this morning
celebrating 30 years of service with County Government with our
Public Transit and Neighborhood Enhancement, Tessie Sillery.
Tessie?
COMMISSIONER FIALA: You should see how she decorates
her office.
MR. CASALANGUIDA: Congratulations, Tess.
MS. SILLERY: Sorry. I've got to do them all. One more time.
COMMISSIONER McDANIEL: I've got a scratch in my eye.
CHAIRMAN TAYLOR: It was really his nose. He just didn't
want to say.
MR. OCHS: Congratulations, Tess.
(Applause.)
CHAIRMAN TAYLOR: All the friends here, come on up.
Come on up.
MS. SILLERY: My department.
COMMISSIONER FIALA: This is her department.
MS. SILLERY: Thank you.
(Applause.)
MS. SILLERY: She's a great photographer, and we love her, and
she is going to kill me later. Thank you so much. Thank you.
MR. OCHS: Thank you.
March 28, 2017
Page 10
Commissioners, that concludes our service awards. Thank you
very much.
Madam Chair, that moves us to Item 4 on the agenda;
Proclamations.
Item #4
PROCLAMATIONS – ONE MOTIONTAKEN TO APPROVE THE
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING APRIL 10, 2017, AS GOPHER
TORTOISE DAY IN COLLIER COUNTY, IN RECOGNITION OF
THE IMPORTANCE OF PROTECTING GOPHER TORTOISES
AND GOPHER TORTOISE HABITAT. ACCEPTED BY
REPRESENTATIVES OF THE FRIENDS OF BAREFOOT
BEACH: DENNY DOLMAGE, REBECCA EDELBROCK,
MARGARET WINN AND KEN EDELBROCK AND
REPRESENTATIVES OF THE COLLIER COUNTY PARKS AND
RECREATION DIVISION: MAURA KRAUS AND NANCY
OLSON – ADOPTED
MR. OCHS: Item 4A is a proclamation designating April 10,
2017, as Gopher Tortoise Day in Collier County in recognition of the
importance of protecting gopher tortoises and gopher tortoise habitat.
To be accepted by representatives of the Friends of Barefoot Beach:
Denny Dolmage, Rebecca Edelbrock, Margaret Winn, Ken Edelbrock;
and representatives of the Collier County Parks and Recreation
Division, Maura Kraus and Nancy Olson. If you'd please step forward
and receive your proclamation. Don't be shy; anybody that's here.
March 28, 2017
Page 11
(Applause.)
MR. DOLMAGE: Everyone coming for Gopher Tortoise Day?
COMMISSIONER FIALA: When is it?
MR. DOLMAGE: April 10th.
COMMISSIONER FIALA: Okay. Where do we meet?
MR. DOLMAGE: Barefoot Beach.
COMMISSIONER FIALA: What time?
MR. DOLMAGE: 10:30.
MR. OCHS: All right.
COMMISSIONER McDANIEL: Good job. You should have
had him speak.
COMMISSIONER FIALA: Might as well tell everybody where.
Item #4B
PROCLAMATION DESIGNATING MARCH 30, 2017, AS
LIBERTY DAY IN COLLIER COUNTY, IN RECOGNITION OF
THE MISSION OF THE 27-67 CONSTITUTION PROJECT - TO
PROMOTE KNOWLEDGE AND UNDERSTANDING OF THE
UNITED STATES DECLARATION OF INDEPENDENCE AND
THE UNITED STATES CONSTITUTION BY DELIVERING
CONSTITUTION BOOKLETS TO FIFTH GRADERS IN
COLLIER COUNTY. ACCEPTED BY REPRESENTATIVES OF
THE 27-67 CONSTITUTION PROJECT: LOIS BOLIN, JOSEPH
COFIELD, RON KEZESKE, VIRGINIA BAILEY AND APRIL
HOOVER – ADOPTED
MR. OCHS: Item 4B is a proclamation designating March 30,
2017, as Liberty Day in Collier County in recognition of the mission of
the 27-67 Constitution Project to promote knowledge and
understanding of the United States Declaration of Independence and
March 28, 2017
Page 12
the United States Constitution by delivering Constitution booklets to
fifth graders in Collier County. To be accepted by representatives of
the 27-67 Constitution Project: Lois Bolin, Joseph Cofield, Ron
Kezeske, Virginia Bailey, and April Hoover. If you'd please step
forward and receive your proclamation.
Anyone here?
(No response.)
MR. OCHS: Okay. Well, we'll accept that on their behalf,
Madam Chair; make sure they get it. Thank you.
Madam Chair, if we could get a motion to approve today's
proclamations.
COMMISSIONER FIALA: Motion to approve the
proclamations.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN TAYLOR: All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
MR. OCHS: Thank you very much.
Item #5A
PRESENTATION OF THE 2017 “AGAINST ALL ODDS”
AWARD TO CARLOS RUIZ FOR DEMONSTRATING
FORTITUDE, DETERMINATION AND PERSEVERANCE TO
OVERCOME GREAT CHALLENGES AND ENRICH OUR
March 28, 2017
Page 13
COMMUNITY – PRESENTED
MR. OCHS: That moves us to Item 5A. This is a presentation of
the 2017 Against All Odds Award to Carlos Ruiz for demonstrating
fortitude, determination, and perseverance to overcome great
challenges and enrich our community.
Madam Chair?
CHAIRMAN TAYLOR: Thank you very much. It's my honor to
present this award to Mr. Ruiz. I think he would like to speak.
MR. RUIZ: Yes, ma'am.
CHAIRMAN TAYLOR: You, again, have raised the bar in the
community. We're so lucky to have you here. We're so lucky that you
are here walking your walk and talking your talk and setting an
example of what it means to -- against all odds. Would you please
come up to the podium and speak.
MR. RUIZ: Good morning, everybody.
CHAIRMAN TAYLOR: Good morning.
MR. RUIZ: I want to start by thanking the Board of County
Commissioners for this award. It's a very humbling experience for me.
I want to thank John McLean and the veteran mentors for nominating
me. I want to thank Judge Martin and her Veteran Treatment Court
staff and for all the help that they provided me to get this far.
I want to thank my good friend and fellow veteran service rep
from Fort Myers, Danielle Brown, for being such a positive influence
in my life and helping me get this job that I love so much, and I want
to thank the staff and career source organization to giving me a chance
to help veterans.
I just wanted to take a couple of minutes to say a few things. As
you know, my name's Carlos Ruiz. I was a paratrooper with the 82nd
Airborne Division, First Brigade Combat Team.
I enlisted when I was 17, and I was deployed to Afghanistan soon
March 28, 2017
Page 14
after for a year. My time in war consisted of riding in a gunner
position in the Hum V. I provided cover during supply runs and
security during improvised explosive device detonations.
In that war, I lost a lot of brothers and sisters. When I came
home, I didn't know I had PTSD; I just knew I had trouble sleeping. It
didn't take much time before I started to feel depressed. It took even
less time for my commanding officers to put me on suicide watch.
After being diagnosed with depression and anxiety, I was put on
medication, and I became even more depressed. My hypervigilance
never went away, so when I would go out in public, I'd have anxiety
attacks. To cope with this, I began drinking for many months up to the
point where I gave myself liver damage and I would find myself
always sick.
Reaching the end of my army contract, I started using other
negative alternative ways to try and cope with what I was going
through.
After a handful of trips to Miami VA, they diagnosed me with
PTSD, major depression, and anxiety disorder. That's when I really
learned what PTSD was about.
Out of the army and back in Florida, I felt alone and confused and
like I was riding the edge. In 2014 I had a PTSD episode that ended up
with me being incarcerated. After a while, I had ended up in Collier
County Veteran Treatment Court.
At first I was nervous and scared; I didn't know what to expect. I
was under house arrest, on state probation, and was not allowed to
speak to my son or his mom. All of this was very devastating for me.
Part of my treatment involved me attending group counseling.
This would be the first time I was able to see that I wasn't alone. There
were other vets who felt the same way I did.
While in treatment court, I signed up for school and earned my
associate's degree in computer programming. I'm currently working on
March 28, 2017
Page 15
a political science degree. My dream is to advocate for veterans who
need help.
After successfully completing veterans court, I was able to mentor
a veteran going through the program as well. This was a very
humbling and rewarding experience. I realized that there were many
veterans who could benefit from this type of help, so I made it my life
goal to help veterans any way I can.
I want to thank the State of Florida, the Department of Economic
Opportunity and Career Source Southwest Florida for allowing me the
opportunity to pursue that life goal by hiring me as the Disabled
Veteran Outreach Program Specialist for Collier County. I feel
because of my background and life experience it puts me in a unique
position to not only help veterans but to show those who are struggling
that it's possible to change your life for the better.
I want to tell all the veterans who are struggling that they're not
alone. You don't have to hide away from the world. There's help for
veterans out there like us.
My message to the community is to be patient with us. It's very
difficult transitioning from military to civilian life. The prices we pay
aren't always seen by a naked eye because they're invisible wounds of
PTSD.
I can't speak for every veteran, but I know that most veterans who
end up in jail because of PTSD don't do it under their own volition.
They need our help and support more than ever.
We chose to fight for and defend our country because of our love
and commitment to the American people. Even though some of us
gets lost in the realities of PTSD, our sense of service and duty never
goes away.
I believe veterans who go to jail because of their PTSD deserve a
second chance of life, and veterans who find themselves homeless and
alone deserve and have earned our help. And this can only be
March 28, 2017
Page 16
successfully done through the support of the community.
I have a college degree, a career that I love, I'm mentally healthy,
I'm the father I know my kids deserve and, as of February 28th, 2017,
I'm officially a first-time homeowner with a house in District 5, which
I believe is Mister -- Commissioner McDaniel's district.
I've heard this county be referred to in a lot of different ways. It's
been called a tourist county, a retirement county, a healthcare county,
even a golfing county, but this is also a veteran county, and this goes
anywhere from Retired General Franks to the veteran mentor
community all the way down to the lower enlisted, such as myself.
And one thing I'm certain of is that this county loves the veteran
community.
I've managed to help veterans get jobs, I've helped homeless
veterans find housing, but there is still a lot of work to be done, and I
look forward to working with the members of the commissioner board
to accomplish this. Thank you.
(Standing ovation/applause.)
CHAIRMAN TAYLOR: Mr. Ruiz, my colleagues and I would
like to come to the front and be photographed with you, please.
COMMISSIONER McDANIEL: Yeah. We can go down there
for that one.
Are you okay with a hug?
MR. RUIZ: Yeah.
CHAIRMAN TAYLOR: So now we'd like everyone who's here
for Carlos to come up, please.
(Applause.)
CHAIRMAN TAYLOR: Ladies and gentlemen, the Against All
Odds Award was created about a year and a half ago. This is our
second one. We take nominations every year, and we as a commission
review them and vote on what we feel is the one -- the winner, and I
think you would agree, this year was the winner.
March 28, 2017
Page 17
COMMISSIONER FIALA: Are we confined to only one a year?
CHAIRMAN TAYLOR: One a year.
COMMISSIONER FIALA: Okay.
Item #6A
PUBLIC PETITION REQUEST FROM MR. R.C. “RICK” LUSSY
REGARDING THE COLLIER COUNTY PROPERTY APPRAISER
– PRESENTED
MR. OCHS: Madam Chair, that moves us to Item 6 on your
agenda this morning. This is public petitions. 6A is a public petition
request from Mr. R.C. Rick Lussy regarding the Collier County
Property Appraiser.
MR. LUSSY: Thank you. Allow me to introduce myself. I am
little person Rick Lussy, MAI, SRA Commercial/Industrial Property
Appraiser these 44 years. I don't know any better. I just like
appraising property issues and have fun doing it.
Born Republican, Graduate Finance, Real Estate, University of
Montana, employed out of the University of Montana --
MR. OCHS: Sir, I'm so sorry to interrupt you. The court
reporter's trying to get this. I know you have 10 minutes and you've a
lot you want to say, but give her a chance to take --
MR. LUSSY: Thank you. I can make seven minutes within the
10 allowed.
MR. OCHS: All right. Very good. I'm sorry for the interruption.
MR. LUSSY: I worked for the Department of Revenue two and a
half years, turned down the District Supervisor position with the
Montana Department of Revenue to work for the best northwest
commercial appraisal firm, Sheret (phonetic), Riley, and Vance, with
offices in Seattle; Anchorage, Alaska; San Jose, California.
March 28, 2017
Page 18
With 44 years' experience in 13 states, 15 Florida Counties, I
oppose Clerk Brock and the Property Appraiser Skinner as having
avoided public servants Florida Statute 838.014, 1, 4, 5 and 6.
By assisting in racketeering as an organized crime in collusion
with now retired Florida --
COMMISSIONER SAUNDERS: Madam Chair, could I, as a
point of order, please. This is not a forum for accusations of criminal
activity or ethics violations.
MR. LUSSY: At all.
COMMISSIONER SAUNDERS: There is a place for that. I'm
not going to sit here and listen to you talk about some public servants
the way you're talking.
MR. LUSSY: I concurrently recuse yourself, Mr. “Sanders”, and
Mr. Solis, and Commissioner McDaniel. So, I oppose your comment,
and I'd just like you to hear me out, if you'd be so kind.
COMMISSIONER SAUNDERS: Madam Chair, I will not sit
here and listen to those types of comments. Now --
CHAIRMAN TAYLOR: Mr. Lussy, you're here to speak to us,
and if you want us to listen to you, I would suggest that you do not
accuse elected officials.
COMMISSIONER SAUNDERS: Mr. Lussy has filed ethics
complaints against everyone, including myself.
COMMISSIONER McDANIEL: Including myself.
MR. LUSSY: And I also --
COMMISSIONER SAUNDERS: They're bogus and
unwarranted, and your comments are unwarranted.
COMMISSIONER McDANIEL: Unsubstantiated.
MR. LUSSY: And I'm recusing yourself, Mr. “Sanders”.
COMMISSIONER SAUNDERS: You don't get to recuse
anybody.
MR. LUSSY: It's the option and the direction of Ms. Taylor and
March 28, 2017
Page 19
Ms. Donna Fiala as to how they would like to proceed and handle this
meeting.
CHAIRMAN TAYLOR: I think what we need to do is have
proper decorum. If -- I do feel the concerns that are expressed by my
colleagues are valid. I would respectfully ask you to speak what you
would like to speak but not to place accusations or bring names of
elected officials into this discussion, sir.
MR. LUSSY: Thank you.
CHAIRMAN TAYLOR: Keep to the issue. Thank you.
THE COURT REPORTER: And please slow down.
MR. LUSSY: I will slow down.
CHAIRMAN TAYLOR: And speak -- yes.
MR. LUSSY: My legal sufficiency dates back to October 22nd,
1981, for which a U.S. Montana Judge Murray, through misprision of
felony, meaning a judge made a mistake of fraud that's apparent from
the record.
So the foundation for my speaking here has been repeated, for
which Mr. “Sanders” has reflected.
The documents are on my web page,
www.RickLussypropertyappraiser.org. It supports the case captions
that exclude Habenit (phonetic) the Banker in Anaconda, Montana,
legal malpractice, DV80-41/12773, yet incorrectly includes him in the
Butte Montana Securities Fraud, CV-78-67BU.
In short, it's the infallibility of the U.S. judge laterally that moves
all Florida State Justices and Judges to continue this repetition per se
ad nauseam. So that's the foundation for which Mr. “Sanders” is
referring, which is not yet remedied. So it's a matter of correcting -- of
establishing that as a foundation for legal sufficiency and going on as
far as requiring the Florida Statutes to be enforced.
So I'm going to run over my seven minutes, if you don't mind,
due to the interruptions of Commissioner “Sanders”.
March 28, 2017
Page 20
MR. MILLER: I paused the clock.
CHAIRMAN TAYLOR: He has -- it was corrected, sir. You
have -- your additional minutes were added.
MR. LUSSY: Thank you for your courtesy, Ms. Penny Taylor.
The essence for Mr. “Sanders’ and Mr. Solis' premise in this for
legal sufficiency is based upon the b-a-r, bar, lawyer membership,
British accredited, registered, their foreign annulments. It's by perjury.
Bar lawyers are foreign agents unchanged since pre 1776, old England,
and also specialize in methods of express omissions, 100 percent
concealment, and insider trading for which are antitrust failures, which
is -- equates to the Florida Stat -- Florida Canon 3D(3) for judge
infallibility, which is of note and for reflection, enforcement by this
County Commission, Ms. Donna Fiala and Penny Taylor.
Naples is America's No. 1 Happy Town via Time Magazine
March 27th, 2017, Page 2, No. 1, of the 189 U.S. communities for five
well-being factors. The issue in happy towns, Naples, as both public
servants Brock and Abrah -- Skinner actions directly impact the new
more than $1 million funding per year required to renourish its happy
beaches.
The issue is the 1.28 million illegal attorney fees for -- by -- paid
by Brock, which is from the consolidated cases 04-941CA and
05-953CA and 05-1506CA, consolidated cases.
On to Mr. Skinner. Any beach renourishment requirement
funding from the property tax base estimated by the Skinner issue with
over 1 million budget refused per year in 26 prior Collier County tax
rolls has been refused consistent with property tax valuations of all
vertical improvements per Florida Department of Revenue letter in
your possession to enforce Florida Statute 193.023(2) per witness of
the Higgenbottom (phonetic) property record card, missing house and
two barns for 26 years. Collaborating fact witness is Coral Gables
Miami Bank, my client.
March 28, 2017
Page 21
Property Appraiser Skinner's inclusion with Wilkinson, French of
Growth Management and Code Enforcement refusing --
CHAIRMAN TAYLOR: Sir --
MR. LUSSY: -- to enforce the rule of law, Florida Statute --
CHAIRMAN TAYLOR: Mr. Lussy, I would prefer and I would
request that you refer to it as the Property Appraiser's Office --
MR. LUSSY: Okay.
CHAIRMAN TAYLOR: -- and the County Clerk's Office,
please, without naming specific elected officials. Thank you.
MR. LUSSY: Thank you. I will heed your advice and no longer
--
CHAIRMAN TAYLOR: Thank you.
MR. LUSSY: The conclusion is that this rabbit hole, the
commissioner, Ms. Taylor and Ms. Fiala can easily get out of with a
pointblank job interview of both of Office of Clerk and the Office of
the Property Appraiser to watch the self-destruction, as the offices'
holders are easily rattled, not suitable, unable to use direct comparison
of appraisal vocabulary, techniques and methods to appraise property
on the past 26 tax rolls.
I request you to take a third-grade mentality and ask both the
offices of these two officeholders on-the-job questions. Both are
illiterate to that effect and 90 percent clueless to the appraisal
vocabulary methods and techniques to impeach the officeholders.
Both hide behind staff.
I recuse these Commissioners, “Sanders”, Solis and McDaniels
(sic), for specific reasons of record.
Client as expert witness for the Passidomo firm for Mr. Solis, the
shenanigans of Mr. McDaniel in his prior -- oh, I'll drop -- I retract
that. I retract that.
COMMISSIONER McDANIEL: Do we have to listen to this?
This is ridiculous.
March 28, 2017
Page 22
MR. LUSSY: The remedy -- the remedy is to replace the
officeholders with their political opponents for which is discretionary
and requires your investigation. I thank respected Commissioners
Penny Taylor and Donna Fiala for their valuable time and public
service to prospectively recognize the self-recusal of the three
commissioners noted. I thank you for allowing this public service
opportunity to explain fraud ongoing against the registered
voter/taxpayers through voter public voluntaries --
COMMISSIONER SAUNDERS: Again, we're talking about
fraud -- again, we're talking about fraud. We're not going to hear that in
this forum.
MR. LUSSY: Well, it's the only place --
COMMISSIONER SAUNDERS: There's a State Attorney's
Office. There's a Sheriff's Office. There are plenty of places. If you're
going to allege fraud, go do it someplace else.
MR. LUSSY: And --
COMMISSIONER SAUNDERS: This is not the forum for this.
MR. LUSSY: Thank you, Commissioner “Sanders”.
And in this happy -- Naples happy town with a pristine happy
beach, I am, Sincerely, Rick Lussy, MAI, SRA, a Certified Real Estate
Appraiser, 1564, Licensed Florida Sales Agent, 531638, supposedly, to
be seven minutes within the 10 minutes allowed.
CHAIRMAN TAYLOR: Thank you. Thank you.
MR. OCHS: Madam Chair, with your indulgence and the Board's
indulgence, before we move into our 9:45 time-certain, I'd like to hear
Item 14B1. Our Bayshore CRA Chairperson, Maurice Gutierrez, is
here, and if you had any questions on that one, it would be nice if we
could take that and allow him to get about his business.
CHAIRMAN TAYLOR: Good.
Item #14B1
March 28, 2017
Page 23
AUTHORIZE THE BAYSHORE BEAUTIFICATION MSTU TO
PROCEED WITH THE DESIGN AND PERMITTING OF THE
THOMASSON DRIVE/HAMILTON HARBOR STREETSCAPE
DESIGN PROJECT PROVIDED FOR IN EXHIBIT “A” TO
PROMOTE SAFER TRAFFIC PATTERNS FOR BOTH VEHICLE
AND PEDESTRIAN TRAFFIC BY INCORPORATING A
ROUNDABOUT INTO THE DESIGN – APPROVED
MR. OCHS: Item 14B1 is a recommendation to authorize the
Bayshore Beautification MSTU to proceed with the design and
permitting of the Thomasson Drive/Hamilton Harbor Streetscape
Design Project provided for to promote safe traffic patterns from both
vehicle and pedestrian traffic by incorporating a roundabout into the
design.
And, Commissioners, as you know, we spoke about this
previously, and we were asked by the Board to continue to work with
Mr. Ackerman, and Michelle Arnold, I think, is here to provide some
positive information in that regard. Michelle.
MS. ARNOLD: Yes. Good morning, Commissioners.
CHAIRMAN TAYLOR: Good morning.
MR. ARNOLD: For the record, Michelle Arnold, Public Transit
and Neighborhood Enhancement Division Director.
Yes, we were here at your meeting February 28th, and you asked
us to speak with the Ackermans, and we did that, myself and the
Engineer, Norm Trebilcock, and we had a very good meeting with
Representative Alan Richardson on Friday morning. We went through
the plans, gave them some background, and we presented the proposal
for the roundabout. We also presented the -- an alternative, which Mr.
Ackerman was requesting with regard to the signal, and showed him
the restrictions that would be imposed on that particular property had
March 28, 2017
Page 24
that option been taken.
He brought to the Ackermans the revised plans that showed that
there was limited restrictions with the roundabout to his property and
presented that to them, and we received a favorable endorsement of
moving forward with the project from the Ackermans yesterday via
email yesterday. So I'm bringing that to you.
I also wanted to mention that in our discussions with Mr.
Richardson, he made a request to install, as a part of the roundabout
project, a flagpole, and I thought that was a very good suggestion that
we could easily add to the project and mention the plaque. And I know
that this board has previously identified that corner recognizing it as
Del's Corner, and I thought maybe the plaque could serve as that
recognition in addition to the flagpole. So if you all are in favor of
that, we'll incorporate that as a part of the project and move forward.
COMMISSIONER McDANIEL: So moved.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: Madam Chair, I want to thank
staff for reaching out to Mr. Ackerman. He's been a very strong
supporter of this county for many, many years. And I felt at the very
beginning that this was not going to be negative in terms of impact on
his property, but I felt that it was worth spending a few weeks to just
make sure that he understood that and was in agreement.
Madam Chair, if it's appropriate, I'll make a motion to approve the
project going forward with the recommendation from staff concerning
the flagpole and --
CHAIRMAN TAYLOR: I'll second that.
COMMISSIONER FIALA: Second.
COMMISSIONER McDANIEL: Third.
COMMISSIONER FIALA: We'll second it.
COMMISSIONER McDANIEL: Third, fourth, whichever I am.
CHAIRMAN TAYLOR: This is wonderful. I'm delighted. I'm
March 28, 2017
Page 25
delighted. Well done.
COMMISSIONER FIALA: Yes.
CHAIRMAN TAYLOR: And it speaks volumes, County
Manager, that you would allot the time and allow staff to do this. You
know, we're -- we are government, but we do work with people, and
we're acutely aware of how important you are to what we do, and this
is another example of it just going back for bites at the apple. And, by
gosh, he's agreeing to it, and that's extraordinary. So well, well done.
MS. ARNOLD: And we'll continue to coordinate with the
Ackermans through the construction project so he's aware of what's
going on and the impact. So it's not stopping from that meeting.
CHAIRMAN TAYLOR: Very good. Well, whatever it is, that
plaque can't have bushes hiding it.
MR. OCHS: No way. Very good.
CHAIRMAN TAYLOR: So we have to figure that out somehow,
but well done.
MR. OCHS: And Michelle did a great job on this,
Commissioners. We appreciate it.
CHAIRMAN TAYLOR: Yeah. Well done, well done.
(Applause.)
CHAIRMAN TAYLOR: All right. So we have a motion on the
floor and two seconds.
COMMISSIONER McDANIEL: Three, four seconds.
CHAIRMAN TAYLOR: Three seconds, okay. All right.
So all those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
March 28, 2017
Page 26
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
COMMISSIONER FIALA: That was just wonderful.
CHAIRMAN TAYLOR: Thank you.
MS. ARNOLD: Thank you. Great.
CHAIRMAN TAYLOR: Thank you very much. Mr. Ackerman,
if you're watching, thank you.
MR. OCHS: Madam Chair, we have a few minutes still. If you
don't mind, I think we could probably move forward with Item 11D
and then 11E perhaps, if that's okay with the Chair.
CHAIRMAN TAYLOR: I think that's wonderful.
Item #11D
RESOLUTION 2017-63: (SEGMENT 1: PARCELS 405RDUE
THRU 428RDUE); RESOLUTION 2017-64: (SEGMENT 2:
PARCELS 429RDUE THRU 451RDUE); RESOLUTION 2017-65:
(SEGMENT 3: PARCELS 452RDUE THRU 472RDUE): THREE
RESOLUTIONS AUTHORIZING THE CONDEMNATION OF
THOSE PERPETUAL EASEMENT INTERESTS NECESSARY
FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND
UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION
OF GOLDEN GATE BOULEVARD FROM EAST OF
EVERGLADES BOULEVARD TO EAST OF THE FAKA UNION
CANAL. (PROJECT NO. 60145) – ADOPTED
MR. OCHS: 11D is a recommendation to adopt three resolutions
authorizing the condemnation of perpetual easement interests
necessary for the construction of roadway, drainage, and utility
improvements for the expansion of Golden Gate Boulevard from east
of Everglades Boulevard to east of the Faka Union Canal, and Jay
March 28, 2017
Page 27
Ahmad, your Transportation Engineering Division Director, will get a
couple of quick things on the record for you.
Jay?
MR. AHMAD: Good morning, Madam Chair, Commissioners.
CHAIRMAN TAYLOR: Good morning.
MR. AHMAD: Jay Ahmad, your Director of Transportation
Engineering, for the record.
I have a very brief presentation, and I'll go through it very quickly
in the benefit of time.
Nick, if -- so we are here for three condemnation resolutions for
the extension of Golden Gate Boulevard Project. The project, as you
see on the visualizer, extends just east of Everglades Boulevard down
to just east of the Faka Union Canal, approximately 5,050 feet.
The need for the project's been evident through the years. The
growth in Golden Gate Estates, the growth in the rural land west -- east
stewardship area down at the other end, and also to meet the Long
Range Transportation Plans that are on the books through your MPO
Board.
Briefly, the project is extending the widening of the Golden Gate
Boulevard from two lanes to four lanes; stormwater improvements
providing on-street bike lanes and new traffic signal at Everglades
Boulevard intersection.
Hopefully you've gone thoroughly through the packet that you
have, and you looked at the engineering reports attached which
consider those alignments that the court considers during the
deliberation of the judges for OT hearing, the order-of-taking hearings
which are the alternative alignments, the costs of those alternative
alignments and the public health, safety, welfare and the long-range
transportation and environmental permitting and impacts.
And I'm not going to go through -- these things were explained
very thoroughly through the item. Basically, we looked at a couple of
March 28, 2017
Page 28
alternatives. One is to center the improvements along either way or to
widen to the south mostly, because there is a city water main, raw
water main that is located there, and we know -- expensive to relocate;
the cost was a factor there.
So what we essentially decided on the alternative -- this is the
alternative that was not recommended, and this is the alternative that's
recommended; basically kept the city water main in its place and
acquired more of the land on the south side.
And this kind of graphically shows the improvements and land
taken. Most of it is on the south side, not on the north side. And that's
really my presentation.
Thank you for your time.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN TAYLOR: Is your --
COMMISSIONER McDANIEL: I didn't hit my light. Nope,
nope, nope.
CHAIRMAN TAYLOR: Oh, my gosh. Okay. We have a
motion on the floor to approve. Do I hear a second?
COMMISSIONER SOLIS: Second.
CHAIRMAN TAYLOR: Motion and a second. All those in
favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: Thank you very much. It carries
unanimously.
COMMISSIONER SAUNDERS: Bill, you were a little slow at
March 28, 2017
Page 29
the switch this morning.
COMMISSIONER McDANIEL: I was. I was. Ms. Donna got
ahead of me.
COMMISSIONER FIALA: I was going to nudge you, but --
COMMISSIONER McDANIEL: Did we need a motion on both
of those or...
MR. OCHS: Yes, ma'am.
Item #11E
RESOLUTION 2017-66: A RESOLUTION AUTHORIZING THE
ACQUISITION BY GIFT OR PURCHASE OF THOSE
PERPETUAL EASEMENT INTERESTS NECESSARY FOR THE
CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY
IMPROVEMENTS REQUIRED FOR THE EXPANSION OF
GOLDEN GATE BOULEVARD FROM EAST OF EVERGLADES
BOULEVARD TO EAST OF THE FAKA UNION CANAL.
(PROJECT NO. 60145.) – ADOPTED
MR. OCHS: If I could, 11E, Jay, do we need something different
on the record for 11E? Let me just explain this one. This is a single
resolution authorizing the acquisition by gift or purchase of those
easements necessary for the construction of that expansion of Golden
Gate Boulevard that Mr. Ahmad just showed you from east of
Everglades Boulevard to east of the Fakaunion Canal.
Jay, anything you need?
COMMISSIONER McDANIEL: So moved; so moved.
CHAIRMAN TAYLOR: Is there a second?
COMMISSIONER FIALA: You mean a motion?
COMMISSIONER SOLIS: Second.
COMMISSIONER McDANIEL: Motion to approve.
March 28, 2017
Page 30
COMMISSIONER FIALA: Second.
CHAIRMAN TAYLOR: We have a motion by Commissioner
McDaniel and a second by Commissioner Solis. He beat you.
COMMISSIONER FIALA: Good.
CHAIRMAN TAYLOR: Any other discussion?
(No response.)
CHAIRMAN TAYLOR: Well done, Mr. Ahmad.
MR. AHMAD: Thank you very much.
CHAIRMAN TAYLOR: All those in favor?
MR. AHMAD: You have a good day.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
MR. OCHS: Thank you, Jay.
CHAIRMAN TAYLOR: Thank you.
MR. OCHS: Okay.
CHAIRMAN TAYLOR: I think we could -- well, you know
what, I'll take this minute to say I was negligent at the last meeting. If
you notice this beautiful artwork on the walls in the back -- first of all,
we only display local artists -- and I've got to find it here.
Anyway, this is the artist -- and I got the piece of paper, and I
spoke too quickly -- is a local artist, and her name is Susan Nardine
(phonetic) Pratt, and she has -- is a Naples resident, and for 19 years
she's specialized in faux painting, restorative techniques, and murals.
So we enjoy her work, and thank you very much for being here.
COMMISSIONER McDANIEL: Really pretty.
March 28, 2017
Page 31
CHAIRMAN TAYLOR: And at this point our time-certain is
before us.
MR. OCHS: Yes, ma'am.
Item #9A
ORDINANCE 2017-10: AN ORDINANCE AMENDING
ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION
2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS,
SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS, MORE
SPECIFICALLY, TO ADD USES TO THE LIST OF PERMITTED
AND CONDITIONAL USES IN THE GOLF COURSE (GC)
ZONING DISTRICT; CHAPTER THREE - RESOURCE
PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION
STANDARDS; CHAPTER FIVE - SUPPLEMENTAL
STANDARDS, ADDING SECTION 5.05.15 CONVERSION OF
GOLF COURSES; CHAPTER SIX - INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES
REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER
MANAGEMENT REQUIREMENTS, ADDING SECTION 6.05.03
STORMWATER PLANS FOR SINGLE-FAMILY DWELLING
UNITS, TWO-FAMILY DWELLING UNITS, AND DUPLEXES;
CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-
March 28, 2017
Page 32
MAKING PROCEDURES, INCLUDING SECTION 10.03.06
PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE
PETITIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE. (THIS IS A COMPANION TO
AGENDA ITEMS #16.A.3 AND #16.A.15) -
RECOMMENDATION TO AMEND THE ADMINISTRATIVE
CODE TO RECOGNIZE THAT THE STAKEHOLDER
OUTREACH MEETINGS OCCUR BETWEEN NOVEMBER 1ST
AND APRIL 1ST – ADOPTED
MR. OCHS: That takes us to Item 9A on this morning's agenda.
This is a recommendation to adopt an ordinance amending your Land
Development Code to consider a list of permitted and conditional uses
in golf course zoning districts and conversion of golf courses. Ms.
Caroline Cilek will present.
CHAIRMAN TAYLOR: This is our second reading.
MR. OCHS: Yes, ma'am.
CHAIRMAN TAYLOR: And it was carried unanimously at our
first hearing, and our first hearing was 5:05 a couple weeks ago.
MR. OCHS: Yes, ma'am.
CHAIRMAN TAYLOR: Is that correct?
MR. OCHS: That's correct.
CHAIRMAN TAYLOR: And, Troy, how many speakers do we
have?
MR. MILLER: I have three registered speakers.
CHAIRMAN TAYLOR: All right. Very good. Thank you.
MS. CILEK: Good morning. Caroline Cilek with Collier
County's Growth Management Department, and I am here today to
present to you the golf course conversion amendment for its second
March 28, 2017
Page 33
reading. I'm happy to answer any questions about the proposed
language as well as answer any questions to the best of my ability
regarding the letter received from stakeholder input last week.
CHAIRMAN TAYLOR: Well, I think we need to address that, if
you would.
MS. CILEK: Sure.
CHAIRMAN TAYLOR: Thank you. The letter.
MS. CILEK: Okay. Would you like me to walk through some of
the key points that I think would clarify some of the potential
concerns?
CHAIRMAN TAYLOR: Yes. Thank you very much.
MS. CILEK: Yeah. No problem.
Okay. So we received this letter from Mr. Yovanovich last
Thursday. And I'm going to highlight some of the issues that I think
need clarification.
The first one is to address some of his introductory statements
regarding language in the amendment.
I want to hit on first that it is my understanding that under Bert
Harris that a decision would need to be rendered by the Board before
that could be brought to a court. And so this is actually language in the
LDC, and so that concern would be at a later date regarding a rezoning
petition.
I would also like to note that -- and, in honesty, Mr. Yovanovich
may not be aware that we have actually created three administrative
code sections that outline details about the intent-to-convert process;
the SOM, stakeholder outreach meetings; and the compatibility design
review. And these are very detailed, and I'd like to put them on the
overhead for you to see.
This first one is the intent-to-convert application. It's really
important to understand that this is an administrative process. So this
is the first step in a golf course conversion. And here the applicant
March 28, 2017
Page 34
would follow the steps outlined as they would for any other
application. And at the very end of the process, they would receive an
approval letter from county staff, and they would take that forward to
the rezone or PUD or PUDA process. So what you see here is what
the applicant would need to do.
And this really gets to his concerns about vagueness and, like I
said, he may have not been aware that we have provided these to the
Board for your review at the last meeting.
MR. KLATZKOW: And are these public knowledge?
MS. CILEK: Absolutely.
MR. KLATZKOW: How is that?
MS. CILEK: The amendment -- or the administrative code
additions were on the consent agenda at the last board meeting.
MR. KLATZKOW: And will they be posted on the Internet for
the public?
MS. CILEK: Absolutely. They are also posted for today's review
as well on the consent agenda.
CHAIRMAN TAYLOR: Thank you.
MS. CILEK: Yes.
Okay. One of the next things I wanted to bring light to was the
discussion of the greenway. I think it's really important to make sure
everyone is clear that it is not a public greenway. It is land set aside
for green space, but it is not intended to be public. To that extent,
we've actually required that the applicant put a covenant in the county
records indicating who has access to this so everyone is aware who
would be able to use the greenway.
So that developer, those patrons of that new residential
development, for example, they would be identified in the restrictive
covenant, and they would be able to use the greenway. So I think that
is very important to make that clear.
One other thing to mention about the greenway is that the
March 28, 2017
Page 35
language is flexible in that in some instances a 100-foot greenway
buffer is not going to work, and so the applicant has the option to
propose an alternative design. And the criteria for that is simply to vet
it with the stakeholder groups and have the Board approve it, and that
is very flexible. They can propose pretty much anything that will work
for their project. They just have to vet it and share it with you all, and
then it would be approved by the Board, if that would work for the
development project.
One of the other things I want to highlight is regarding
stormwater. They provide a quote on "may" provide stormwater
management. And, in actuality, we put this in there because we
wanted to make sure that the developer could use it for stormwater. In
typical LDC writing, we don't use the word "may." We actually just
write the explicit requirements that they need to meet. But we
included "may" to provide extra assurance that they would be able to
use the greenway area for stormwater purposes. But -- it doesn't have
to be, but it can be.
All righty. Looking at some of the comments regarding the open
space and how much open space, it's really important to note that for
all types of residential development, for example, there's a 60 percent
open space requirement, so for PUDs and for straight rezone projects.
In here the greenway is 35 percent, and that 35 percent of the whole
project could go towards the 60 percent of the open space standard
requirement in the LDC today. So we're further refining what we want
to see with that open space, but it would still be under the umbrella of
the already 60 percent requirement already there in the LDC today.
And, again, the alternative design is there for the greenway if that
needs to -- needs to be for the project.
One of the other mentions is regarding that there are no standards
as to what would satisfy the conceptual development plan. I just want
to bring to light that that is detailed in the administrative code sections
March 28, 2017
Page 36
very explicitly what they would need to provide, and so I think that
that would help Mr. Yovanovich understand what would be required.
One of the other notes was about the web-based visual survey.
And, again, we have explicit requirements that are outlined in the
administrative code for what staff would review to.
And just to sum up some ideas, you know, Mr. Yovanovich has
made it clear that he feels the ordinance is intended to chill the
development of golf course properties; however, it is my feeling and as
the primary author, the intent really is to engage stakeholders early in
the design process of a golf course conversion. This is intended to
recognize that land uses change over time. And so we have put
together an administrative process ahead of the rezone to help facilitate
that to happen. This amendment is based on lots of research that we
conducted across the nation and in the state of Florida, and our goal is
really to make sure that the project that's put forward to the Board for a
decision is compatible with the surrounding development.
And those are the highlights that I would like -- that I wanted to
share with you all.
CHAIRMAN TAYLOR: Thank you very much.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah. Just a few questions, please.
MS. CILEK: Sure.
COMMISSIONER FIALA: And that is, first of all, his letter
referred to property rights, but it doesn't -- oh, I'm so sorry. Thank
you, Leo.
His letter referred to property rights, but I think you see a room
full of people who have property rights as well. They've already
bought and been paying taxes on their homes. And what prevails,
somebody who's buying into it, somebody who's trying to get rid of it,
or the people who are living there and bought with a certain
understanding that they were living on a golf course and never realized
March 28, 2017
Page 37
that other people might own it? You know, that never came to light
until just the past few years when that hit Riviera a few years back.
So I don't know -- you know, I don't know how you would handle
that, but I'm sure Jeff will figure out a way as well, but we need to
make sure that property rights for both sides are honored.
The second thing is, in -- I've got to put glasses on again. In the
stakeholder outreach meetings that it requires, I would love to see
added into that particular thing that they're not during the summer, that
they're here when the people are here.
(Applause.)
COMMISSIONER FIALA: Thanks.
And the third thing is, with the 75-foot to 100-foot-wide
greenway -- I was talking to someone yesterday, and I said, tell me
how long 100 feet is. Is it as long as our boardroom? Just about, they
said. Well, you know, that doesn't really leave much room for a
greenway or for privacy or anything. Is there some way that we can
either require -- I don't know. I wanted to maybe get other suggestions
from my board members to make sure that that 100 feet is enough to
protect the property owners who are now faced with a completely
different view than they've enjoyed all of these years beyond them.
And then there's another one here that we're talking about land
use -- golf course zoning district, and they're saying it may be
developed in different recreational use or through the conditional use
process. Well, is that going to take into consideration -- like, for
instance, if somebody wants to build soccer fields, well, you know,
soccer is played at night. It's not played during the play. It's blazing
lights, a lot of loudspeakers, a lot of fun, a lot of music. Nobody will
ever get any sleep at night, especially when it's backing up to
55-and-older communities. So we have to put something like that in as
well.
(Applause.)
March 28, 2017
Page 38
COMMISSIONER FIALA: So those are really my comments.
Thank you.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. Well, I also had a
question, Caroline. When I was reading this, I saw that it was
supposed to be at -- it was an average 100 feet, no less than 75 feet,
and then there's a provision; if, in fact, the stakeholders are okay with
it, that it can, in fact, be less than that 75 feet; is that what you said?
MS. CILEK: So the way that would work would be --
COMMISSIONER McDANIEL: Please, please, please. Let me
get my answers.
MS. CILEK: The way that it would be less than 75 would be
through the alternative design, and so that would be vetted with the
stakeholders --
COMMISSIONER McDANIEL: Correct.
MS. CILEK: -- and subject to Board approval.
COMMISSIONER McDANIEL: That is what I heard you say,
and I wanted the folks that were here to very well understand and
know what was, in fact, being described; that it was not to be less --
ever less than 75 feet with an average 100, and if it were, then it was
vetted and approved by the immediate impacted stakeholders.
MS. CILEK: I wouldn't go as far as to say approved, because
they don't have approval, you know, but it would be vetted, and they
would be knowledgeable, and it would be transparent, and they would
be able to provide feedback to the Board, and the Board would provide
approval.
COMMISSIONER McDANIEL: The Board provides that
protection. Okay.
And then the other comment that I wanted to make -- and this was
while we were having our first reading on this, I took my county
commissioner hat and switched it around to my real estate broker's hat,
March 28, 2017
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and I have already been in conversation with the Naples Area Board of
Realtors, just as a process. There's already a limitless amount of
disclosures that realtors have to do, but it's important that as we're
moving through these transactions, it's evident that land uses that are
currently what you see when you come to buy a home might not
always be that.
And there are underlying property rights for the people that
actually own that particular golf course, as well as the property rights
for the folks that have, in fact, bought. And so we're already talking
about a disclosure process for the realtors just to further investigate,
further inform and let the clientele know as they're purchasing just to
be aware that what you actually see out your backdoor may not
necessarily always be there.
CHAIRMAN TAYLOR: Well done.
COMMISSIONER McDANIEL: Yes, ma'am.
CHAIRMAN TAYLOR: That's so important.
COMMISSIONER McDANIEL: Yes, ma'am. And I'm going to
put County Commission back on, so here we go.
COMMISSIONER SOLIS: I'm trying to find my button.
CHAIRMAN TAYLOR: Commissioner Solis, you don't need to
stand up.
COMMISSIONER SOLIS: There's a button in here somewhere.
I just don't know where it is. And I would like to commend
Commissioner McDaniel for that, because I think that's an issue that
comes up in a lot of different contexts.
COMMISSIONER McDANIEL: Sure.
COMMISSIONER SOLIS: You know, whether it's just
undeveloped land that an owner might even be represented to them
when they're buying it that it would always be a preserve, but it's
owned by someone else, it's zoned agriculture, and it could be used for
something else in the future.
March 28, 2017
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I think that that's something that we really ought to look at that
would help at least -- hopefully if everyone reads their contracts, at
least they're on notice that, you know, there is the potential for
something that is next door to you to be used for something else.
So thank you for that. That's very important.
CHAIRMAN TAYLOR: All right. Thank you very much. Any
more discussion?
(No response.)
CHAIRMAN TAYLOR: All right. Troy?
MR. MILLER: Madam Chair, we have three registered speakers
for this item. Your first speaker is Walter Rowland. He will be
followed by William Cannon.
MR. ROWLAND: Good morning, Commissioners. My name's
Walter Rowland. Thank you for the opportunity to share my
comments on the proposed Land Development Code.
I applaud the Commission's foresight to establish a nearly
year-long moratorium on golf course conversions and directing the
Planning Commission and staff to develop a reasonable plan to
facilitate compatibility with present homeowners in event such a
conversion is being considered.
The Planning Commission and staff has done outstanding work,
seeking input from the golf course owners' developers as well as
surrounding residential communities throughout this long and detailed
process.
While we strongly oppose the rezoning of golf courses, we
support the Land Development Code as presented by the Planning
Commission.
Photo No. 1. Many communities surrounding and including golf
courses were built by a single developer marketed with premium
values and related taxes placed on lots with golf course views. Please
note the significant amount of our association's 692 homes which are
March 28, 2017
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located on the golf course.
Photo No. 2. Many golf courses even include a deed restriction,
such as ours, on which the developer voluntarily placed those deed
restrictions mandating that they remain golf course in perpetuity.
Photo 3. The Land Development Code seeks to mitigate the
financial impact to adjacent homeowners on existing golf courses
through the establishment of a 100-foot greenway. This property
owner is standing 100 foot from her property line.
Photo No. 4. Through the LDC, compatibility of planned
development is achieved through community outreach meetings. This
communication is intended to minimize the possibility of significant
reductions of property values by avoiding non-compliant housing
which has been inset on the previous photo.
Flooding throughout our community resulting from golf course
conversion is to be addressed through provisions contained in the
water management requirement of the LDC.
Photo No. 6. Lastly, our association of 692 homes is very active;
over-55 community. The single entrance on the golf course is in a
very busy location without sidewalks where there is significant
pedestrian and bicycle traffic.
Photo No. 7. Obviously, any conversion of the existing golf
course would have very high significant traffic increase.
Photo No. 8. In 2005, there was proposed a conversion of our
local golf course which included a possibility of 1,400 additional
housing units. A development of this size could generate 16,800
vehicle trips per day. We believe that the Land Development Code,
through the required public outreach notices and subsequent meetings
seeking stakeholder input, will facilitate the addressing of traffic
concerns in order to determine if there is a way to achieve
compatibility.
My sincere appreciation for the opportunity to express support for
March 28, 2017
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the LDC as presented by the Planning Commission.
CHAIRMAN TAYLOR: Thank you very much.
(Applause.)
MR. MILLER: Your next speaker -- your next speaker is
William Cannon. He will be followed by George Danz.
MR. CANNON: Good morning. I'm William Cannon. I live at
169 Fleur de lis Lane in Naples.
I would like to address a moment the letter that the Board of
County Commissioners received from Attorney Yovanovich taking
issue with the proposed LDC amendments for golf course conversion.
The attorney's letter references the Harris case and the Harris Act
five times in six pages. Attorney Yovanovich points out that the act
establishes broad protection for property owners who suffer economic
loss from governmental property regulations and actions.
While I agree that it is appropriate to use this Harris Act to defend
golf course owners' right to economic gain, it is also appropriate to use
the same justification to protect the residents' economic interest in the
affected golf course communities.
We know from the fine work that Caroline and her staff did that
Florida golf course community residences have a fair market value
premium of greater than 30 percent. Just applying this to my client,
Riviera Golf Estates and its 690 homes, leads me to project an
economic loss of 30- to $40 million due to a rezone of the Riviera golf
course.
The LDC amendments were developed to help protect my and my
neighbors' economic interests while simultaneously allowing the golf
course owner to proceed with reasonable economic development.
I'm strongly in favor of the LDC amendments and request that all
Board of Commissioner members vote in favor of the option.
Thank you.
(Applause.)
March 28, 2017
Page 43
MR. MILLER: Madam Chair, your final speaker on this topic is
George Danz.
MR. DANZ: Madam Chair, Commissioners, my name is George
Danz. I'm president of Riviera Golf Estates Homeowners' Association.
I think at your March 14th meeting we had several presenters that
expressed the viewpoints of our residents in our community. We have
a lovely community. We support the land use amendments, and we're
not going to take up any more of your time, and we appreciate your
consideration.
Thank you.
CHAIRMAN TAYLOR: Thank you very much.
(Applause.)
CHAIRMAN TAYLOR: So anyone that's viewing this meeting
through the television or online, please note that we have seating
upstairs. And so I would like to ask the folks attending, those who are
supporting this amendment and what we have presented to you, would
you please stand.
Thank you very much. And if you would sit down.
And those who oppose it.
COMMISSIONER McDANIEL: I was going to say, those who
are against it.
CHAIRMAN TAYLOR: Those who oppose this golf course
conversion.
MR. OCHS: They're all squatting down in the back there.
COMMISSIONER McDANIEL: Yeah. I was going to say.
CHAIRMAN TAYLOR: Ah. So I think it's two to hundreds. So
thank you very, very much. Is there anything else? I guess we're
ready to -- Commissioner Saunders?
COMMISSIONER SAUNDERS: Madam Chair, I've been
involved in this kind of business for a long time, and it's rare that you
have the output from staff is so well done that I don't think we have
March 28, 2017
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gotten, maybe one letter in opposition to this, in addition to the letter
from the attorneys. So I just want to congratulate staff for -- what you
obviously did was very thorough, and you obviously spent a lot of time
with the communities that are involved. And it sounds like there's
almost unanimity from these communities to go forward with this
proposal, so...
(Applause.)
CHAIRMAN TAYLOR: All right.
COMMISSIONER FIALA: So I think Commissioner Solis and
then me.
CHAIRMAN TAYLOR: Yes. Okay.
COMMISSIONER SOLIS: Thank you. And I would echo
Commissioner Saunders; a job well done. A lot of work went into it, a
lot of feedback from the community. That was all well done.
I just wanted to check in with the County Attorney -- we've got a
legal opinion here from an attorney in town -- and just make sure -- I
understand that you can't prevent anyone from suing anybody. But just
to make sure that the County Attorney feels comfortable with what's
being presented, and I think we can move forward.
MR. KLATZKOW: I am. And just as a note, should anybody
file suit under Bert Harris, the Board will have the opportunity to
review that suit and determine whether or not there might be some
validity to the claim and make an adjustment then. So it's not like this
is the end-all and be-all.
COMMISSIONER SOLIS: We're not, okay. Thank you.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Thank you so much.
Caroline, I'm going to make a motion to -- by the way, three of
the golf courses are in my district, and this is -- these are my people.
(Applause.)
COMMISSIONER FIALA: But I just wanted to make sure, as I
March 28, 2017
Page 45
make this motion, that a couple of these comments we can work into
this to make sure that these people have a fair chance of giving their
opinion and it -- being incorporated in this. Is that possible?
You know, just like about the -- you know, to limit, like, soccer
fields or something in there and -- let's see -- not in the summer, the
meetings. I just want to make sure that there -- every little protection
they can get is there.
MS. CILEK: Let me speak to that a little bit.
COMMISSIONER FIALA: Okay.
MS. CILEK: With regards to the types of uses, that is something
that must be identified in the conceptual development plan that is
vetted with the stakeholders. So they would see what types of uses are
proposed and potentially where they're located on the conceptual
development plan. So I think that would appease your concern in
making sure that everyone knows what's being proposed.
And with regards to the meetings in the summer, two things: One
would be that if, you know, they are proposing all the meetings in the
summer, they are basically jeopardizing a not-so-good smiley face
when they get to the Board.
MR. KLATZKOW: No, no, no, no. The issue is the entire
purpose of the public meetings is to get the public there, all right. In a
lot of these communities, the public are not there during the summer.
You've got an administrative code. You can put in the
administrative code a time frame that the public meetings must be
held, and --
MS. CILEK: We can?
MR. KLATZKOW: I would suggest you do that.
MS. CILEK: Okay. We can make it during season.
COMMISSIONER FIALA: Great. That would be great.
(Applause.)
COMMISSIONER SAUNDERS: I think you --
March 28, 2017
Page 46
COMMISSIONER FIALA: Thank you.
COMMISSIONER SAUNDERS: I think you would need to say
that -- instead of just saying "during season," like the first of November
through the first of April would be the public, and that should be a
sufficient window.
(Applause.)
MS. CILEK: We can do that.
COMMISSIONER FIALA: Thank you. Thank you,
Commissioner Saunders.
CHAIRMAN TAYLOR: And, Commissioner Fiala, we're going
to let you definitely make the motion, but I wondered if you would
agree to hearing the comments of two of our colleagues up here before
you make your motion.
COMMISSIONER FIALA: Oh, sure; sure.
CHAIRMAN TAYLOR: Commissioner McDaniel. Oh, my
gosh. Your light isn't on.
Commissioner Saunders?
COMMISSIONER McDANIEL: No. I've been down here
thinking about hitting the button, but I haven't done it yet.
COMMISSIONER SAUNDERS: I've already made my
comments. I just, again, thank staff for this.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Then with the small adjustments that
I've made, I make a motion to approve.
MS. CILEK: May I just clarify. I'm thinking there's one change
to be made to the administrative code stakeholder outreach meeting
section which would identify the meetings need to occur between the
months of November and April.
MR. OCHS: Right.
MS. CILEK: The other would be addressed.
MR. KLATZKOW: You just bring that back on consent at the
March 28, 2017
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next meeting.
MS. CILEK: I can do that.
COMMISSIONER FIALA: Great.
COMMISSIONER SAUNDERS: Could I ask the County
Attorney a question? We're on final approval. Can we not just amend
-- this would be the administrative code.
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: This would not be in the
ordinance. I'm sorry. All right. I'm with you.
CHAIRMAN TAYLOR: So we're okay?
MR. OCHS: Yes.
COMMISSIONER FIALA: Good question, though. Thank you.
CHAIRMAN TAYLOR: We have a motion on the floor.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN TAYLOR: And we have a second from --
COMMISSIONER McDANIEL: I'll second it for discussion.
CHAIRMAN TAYLOR: Commissioner Saunders seconded.
COMMISSIONER McDANIEL: Commissioner Saunders
seconded.
CHAIRMAN TAYLOR: All right. So Commissioner
McDaniel?
COMMISSIONER McDANIEL: And are you okay with the --
with staff's definition about the potential use changes being vetted with
the stakeholders and then ultimately bought back for us? Because I
have concerns about expressing any particular limitations for the land
use request changes as we come through in advance. I mean, right
now there is -- you specified soccer fields as being -- as an additional
limitation, and I don't -- I would rather we not make any kind of
specificity in regard to the land use code that's been proposed to us. So
folks are here...
COMMISSIONER FIALA: Caroline said that they will handle
March 28, 2017
Page 48
that at the meeting.
COMMISSIONER McDANIEL: That's correct. And you're
okay with that?
COMMISSIONER FIALA: Yeah.
MR. OCHS: Yeah.
COMMISSIONER McDANIEL: Okay.
COMMISSIONER FIALA: Yeah, because we get people
coming out to those meetings as long as they're held at the proper time
of year.
COMMISSIONER McDANIEL: Good.
MS. CILEK: Understood.
CHAIRMAN TAYLOR: Okay. So we have a motion on the
floor and a second by Commissioner Saunders; made -- motion made
by Commissioner Fiala. It's her district.
COMMISSIONER FIALA: Thank you.
CHAIRMAN TAYLOR: So all those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously, ladies and
gentlemen. It's done.
(Applause.)
MR. OCHS: Thank you.
COMMISSIONER FIALA: Thank you very much.
CHAIRMAN TAYLOR: I think what we'll do is give our
hard-working court reporter a break right now. Come back in 10
minutes.
March 28, 2017
Page 49
COMMISSIONER McDANIEL: At what time?
COMMISSIONER FIALA: Good. Thank you.
CHAIRMAN TAYLOR: 10:20.
COMMISSIONER McDANIEL: 10:20.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, please take your seats.
COMMISSIONER McDANIEL: We have a quorum of two.
CHAIRMAN TAYLOR: We have a quorum. That's those
brownies in the back. I think it's Terri's brownies in the back. There
we go. All right. Okay.
Item #11A
EVALUATE THE FINANCING PLAN ASSOCIATED WITH
DEVELOPING A REGIONAL TOURNAMENT CALIBER
SPORTS FACILITY AND TO PROVIDE GUIDANCE ON
FUTURE ACTIONS - MOTION TO DIRECT STAFF TO
PROCEED IN GATHERING ADDITIONAL INFORMATION,
AUTHORIZE A $50,000 EXPENDITURE FOR A CONSULTANT
AND RE-AFFIRM AN INTEREST IN INCREASING THE
TOURIST TAX AND HAVE STAFF LOOK AT THE SCALE OF
THE PROJECT – APPROVED
MR. OCHS: Madam Chair, this takes us to Item 11A on this
morning's agenda. This is a recommendation to evaluate the financing
plan associated with developing a regional tournament caliber sports
facility and to provide guidance to the staff on future actions.
Mr. Mark Isackson, your Corporate Financial Management
Services Division Director, will make the presentation.
MR. ISACKSON: Thank you, County Manager Ochs.
Good morning, Chair Taylor, members of the Commission. Mark
March 28, 2017
Page 50
Isackson with the Office of Management and Budget.
We are continuing -- it's an ongoing discussion and debate on our
amateur sports complex. The Board had asked for some preliminary
funding options relative to the complex.
We had met with the TDC yesterday and made a similar
presentation to them. But I want to start by talking a little bit about the
issuance of debt itself because at some point in time when the numbers
are revised and massaged, you're going to have to probably issue debt
somewhere between 60 and $80 million, again, depending upon what
the final numbers come out to be. And there's a process that we go
through for doing that.
The Finance Committee, which I chair, will be actively involved
in deliberating the pros and cons of various financing structures, and
those recommendations will be brought back before you.
I'm also told by bond counsel and a financial advisor that any
adjustments or changes that are necessary to the tourist development
tax ordinance needs to be in place before you're ready to go to market
on this type of an issue.
Now, the county has a self-imposed debt limit in their Growth
Management Plan. We're one of the few counties that has such a
vehicle. It essentially states that your bondable revenues over your
annual debt service can't exceed 13 percent. We're right now at about 7
percent. That provides a cap of about $375 million in terms of debt
issuance.
Now, you have to think about the going-forward piece when you
consider the debt issuance, and that's certainly something that the
finance committee will look at, and that's kind of the nuances with
regard to those deliberations that will happen at the Finance
Committee.
Now, that $375 million is general governmental in nature. It's not
enterprise debt. This policy pertains specifically to general
March 28, 2017
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governmental debt.
Now, you've got bridges, you've got roads, you've got other things
coming down the pipe which will be actively discussed by the Board.
So when you start talking about 60 or 80 million in the scheme of 375,
I just wanted to make sure the Board had a sense for our ability to
move forward with a debt issuance, and we're certainly comfortable
within the guidelines that we've set forth in the Debt Management
Plan.
COMMISSIONER SOLIS: Could I just ask a quick question.
Could you just define for me the difference between governmental and
enterpri -- what is enterprise?
MR. ISACKSON: Enterprise debt, Commissioner, is essentially
our public utilities side of the house.
COMMISSIONER SOLIS: Okay.
MR. ISACKSON: Our general governmental side, parks. We've
done a lot of general building debt in regard to that. We've got a lot of
SO debt we call special obligation bond debt. So that's the general
governmental side of the house.
COMMISSIONER SOLIS: Okay. Thank you.
CHAIRMAN TAYLOR: Mr. Isackson, another thing you said
that I was asking questions, and I think right now -- because this is not
what I would call a quick read, I think if we have questions, please, if
you're okay, Mr. Isackson --
MR. ISACKSON: Sure.
CHAIRMAN TAYLOR: -- we'll just interrupt you.
MR. ISACKSON: No. That's fine.
CHAIRMAN TAYLOR: You mentioned that the -- we have to
have the -- clearly how we're going to finance it in terms of the
ordinance in place before we go to market. What's our time frame?
MR. CASALANGUIDA: Ma'am, we explained to the TDC
yesterday that we would come back within 120 days with the
March 28, 2017
Page 52
comparative analysis and your TDC recommendations for the Board
before the summer recess. So the timing: You would review that and
make recommendations to staff to amend the ordinance and then come
back in the fall to do so if you needed.
CHAIRMAN TAYLOR: Because I know Commissioner
Saunders was very forward in his concerns about the way the
ordinance is allocated right now. Do we wait for the TDC to make the
recommendations and then more forward from there, or do we do it
simultaneously, or what's our time frame there?
MR. OCHS: Well, ma'am, you know, at your last board meeting
you sent us forward as a staff to go to the TDC, which we did
yesterday --
CHAIRMAN TAYLOR: Yes.
MR. OCHS: -- to ask them to evaluate the current allocation of
the 4 percent and to bring you back some recommendations, so that's
what we've done at this point.
CHAIRMAN TAYLOR: Okay. And those recommendations
should come to us by when, do you think?
MR. OCHS: Before your summer break. They wanted to have a
workshop. I've asked Jack to put that together in the next 30 days, if
possible, with them so they can have that prior to their next formal
meeting.
CHAIRMAN TAYLOR: So if it comes to us before our summer
break, when do we deliberate this?
MR. OCHS: You can deal with it when it comes to you in the
summer; you know, June. You meet all of June -- excuse me -- all of
June and one meeting in July, so I think you'll have sufficient time.
And, again, what you would be doing is amending your ordinance at
that point to provide for whatever allocation of tourist taxes you want
to make to the various funds that receive that money and/or deciding if
you want to add any additional half or full penny to the ordinance.
March 28, 2017
Page 53
CHAIRMAN TAYLOR: Okay.
MR. OCHS: And that's a supermajority vote of the Board to
amend that ordinance.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Let Commissioner Saunders go
first.
COMMISSIONER SAUNDERS: No, no. Go ahead. I'm still
trying to --
CHAIRMAN TAYLOR: You're thinking.
COMMISSIONER SAUNDERS: Yeah.
CHAIRMAN TAYLOR: Thinking this thing through.
COMMISSIONER SAUNDERS: Getting close.
COMMISSIONER McDANIEL: Okay. And I just wanted to
talk about the -- because I was in favor of moving this action forward
at our last meeting. And I just -- I wanted to make a couple of points, if
I may, with regard to the agenda item that we, in fact, passed.
It would be my preference that we focus our energies on the
vetting of the increase in the TDT, the allocation of that money, the
total amount of the bond issue that is attainable by the increase in the
TDT before we negotiate with property owners -- we already pretty
much know where the facilities, in fact, are going to be -- before we
spend $50,000 to hire a consultant to ascertain the potential overall
expenses associated with this process. We already know it's going to
range anywhere from 60 to $100 million dollars depending on what
land we ultimately get -- that we ultimately pick where it's going to be
located, and I would rather that we focus our energies preliminarily on
the revenue aspect of this before we go out and negotiate with property
owners and spend money on consultants in advance.
MR. OCHS: Madam Chair, with respect to that, I see it a little
differently. We have been fairly deep into negotiations all along, and I
think we've provided that transparency in the disclosure to the Board
March 28, 2017
Page 54
several times.
And Commissioner McDaniel is referring to the February 28th
meeting where we brought an item, and one of the elements of the staff
recommendation was to authorize negotiation with the owners to try to
get to a final and best price. I understand his concern and comment.
I think the flip side of that discussion may be, you know, if we
know exactly what our bottom line is, then you can tailor the amount
of increase in your TDT tax, if you're even inclined to do one, because
you'll know exactly or pretty closely what kind of expense you're
going to incur for the project.
COMMISSIONER McDANIEL: Since he was addressing me,
may I speak?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: Okay. There is a rationale in
that regard that we wouldn't actually know with more detail, but I beg
to differ with regard to specific negotiations on pieces of real estate
and the expenses associated with it. We've already got preliminary
plans. We've already had preliminary meetings. And the suggestion
that I would give you as a thought process was the inordinate amount
of time that was spent by our staff on the professional baseball facility
negotiations and so on and so forth that got sent away.
And so my thought process from my personal business
experience was to -- would be -- my preference would be that we focus
our energies on the revenue streams in advance. We've already done a
considerable amount of work with regard to the negotiations for the
individual properties -- that we focus our energies on the revenue side
of it first. That's just --
CHAIRMAN TAYLOR: Okay. Commissioner Saunders?
COMMISSIONER SAUNDERS: Yeah. I guess a couple
questions, and these may require some input from the County
Attorney.
March 28, 2017
Page 55
I know that the statute sets out how these funds can be used,
which penny can be used for different things. I mean, I don't know
that we need to get into that kind of a discussion.
But I think the Board -- and today we perhaps should again
reaffirm this. I think the Board is committed to raising the 1 percent.
If we're not committed to doing that, then there's no point in having
this discussion because it's the only way to finance this thing.
COMMISSIONER McDANIEL: That was pretty much far more
eloquently put than I did.
COMMISSIONER SAUNDERS: Okay. So I think, you know, if
we move to continue the dialogue, I think that vote should indicate that
we're also committing to the increase in the tourist tax for this purpose.
That's not a binding obligation. We can change our mind, but at least
let the public know and the tourist industry know that we are serious
about raising that one penny. That's one thought in terms of the actual
motion that's ultimately made to go forward.
The other is that we're talking about a 60- to $80 million project.
I'm not sure if that's really the right range or not. We're also talking
about trying to get more money into beach renourishment to kind of
bolster those funds in case there's a major storm event, and I'd like to
have staff kind of think along the lines of let's raise the one percent, the
one penny, the one percent, but perhaps only allocate 75 percent of that
one penny to this sports facility and the other 25 percent to beach
renourishment so that we're increasing that fund.
I think that will be something very positive for the tourist industry
in terms of beach renourishment, but I think that that 75 percent may
be enough to get us to a phased-in amateur sports facility. Again, just
a thought. Nothing that would be binding, but just a thought in terms
of perhaps giving us some information in that direction.
MR. ISACKSON: I think, Commissioners, when you open up
the tourist development tax ordinance, I think we can get to a point
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where we're increasing dollars for certain areas.
But I'm not so sure -- we have to certainly respect what the statute
allows in terms of the fourth and fifth pennies and --
COMMISSIONER SAUNDERS: Well, the statute is -- you
know, money's fungible, so we're going to be raising the five pennies,
$25 million, $28 million, and we'll have certain restrictions -- certain
buckets that we can put that money in. So I think we can get to where
I've suggested as a possibility. We may not call it the 25 percent of the
fifth penny, but it would be some additional money into --
MR. ISACKSON: I understand that direction.
COMMISSIONER SAUNDERS: Again, just a thought. I don't
know how the commission would feel about that, but I think that that
would satisfy some concerns in the community about beach
renourishment. I think that would help solve some concerns with the
tourist industry in accepting the increase in the tourist tax.
CHAIRMAN TAYLOR: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'm sorry that I missed the
beginning of this conversation.
At the TDC meeting yesterday this was discussed heavily, and
there was some concern on the part of the TDC, the Tourist
Development Council, and they wanted some more facts, some more
figures, et cetera, and so they asked to have a workshop, and they
asked to be able to put that workshop together pretty quickly, and --
which then staff replied they would do just that.
Then Mark Isackson made a statement, and this one was
profound, in my opinion. Mark said, don't forget, if you vote this one
penny in and you take -- and you bond it, that bond money comes
before anything else that you want to spend, and if the economy dips,
that bond money comes out -- regardless of whether it's beach
renourishment or a sports center or anything at all, that money comes
out first, and I think that really woke everybody up.
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And so that was a concern as well. So they wanted to have this
workshop. So I'm just laying that on the table to see how you feel once
you heard that.
CHAIRMAN TAYLOR: I think it's fiscal responsibility. I don't
have a problem with it.
COMMISSIONER McDANIEL: Absolutely.
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes, ma'am. And in regard to
Commissioner Saunders' statement -- and if you all recall, I serve on
the Southwest Regional Planning Council as a representative from our
board, and literally yesterday I went through a list of the elected
officials up and down the west coast of Florida that have similar issues
to us. It's the same big pond out there, and we all have similar beach
renourishment issues.
And I'm in the process, through the Council, of establishing a
consortium of elected officials up and down the west coast of Florida
to discuss the pros and cons of the issues that we all necessarily share
with regard to the necessities for our beach renourishment. And,
ultimately, my hope is by learning from their shortcomings, that we
actually suffer from as well, how we can collaborate and utilize our
asset basis for the greater good in accomplishing that. So that's just
one little thing with regard to beach renourishment that I'm working
on.
Number two, I did get an email, I think, from Leo or somebody
yesterday with regard to some of the preliminary comments that came
from the TDC meeting and, you know, there was, basically, what is the
ROI with regard to the facility, where are we looking at as far as the
management, operations, and so on. Basic normal concerns that we've
all necessarily expressed.
We all like the idea of this amateur facility. It's just how are we
going to get there from here? And I think as we move through this
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process, it's going to be investigated by the TDC. I did listen in a little
bit yesterday while the TDC was talking. I didn't hear the profound
statement by Mr. Isackson, but I was pleased to have you repeat that.
And on that note, I think we as a board, we as a government, we
as a community, need to be having some conversations about
sustainability. Mr. Isackson's profound statement yesterday had to do
with -- because with this facility comes rental, comes revenue and,
ultimately, comes maintenance, and if that revenue for utilization were
to drop, then the maintenance is going to fall back on our public
treasury.
And I think we -- as we're moving forward with this project -- I
would like to see us move forward with this project -- we need to recall
and have serious discussions about the sustainability aspect of it. And
until we actually formally see what it's, in fact, going to be, that
sustenance is going to have to be determined at a later date.
CHAIRMAN TAYLOR: Thank you very much.
Mr. Isackson?
MR. ISACKSON: Thank you, Chair Taylor.
Let me, if I can, put up a pretty informative chart here that will
talk to you about the -- your financing alternatives.
We modeled a couple of different options: Two alternatives at 60
million over 20 and 25 years, and two alternatives at 80 million over
20 and 25 years. And you can see based on current market interest
rates the all-in true interest cost in this line item here. The maximum
annual debt service, and that gets to be important when you start
looking at coverage requirements, anywhere between 4 million and
roughly $6 million a year. And you can see the total debt service for
each of these scenarios.
What's important on the bottom half is getting to this statement
that I made at the TDC meeting. When you issue debt -- and this will
be the first time that -- if the project goes through and the Board
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authorizes the issuance of debt under a strict TDT pledge, that
becomes the priority position with regard to the distribution of
proceeds.
Now, what we laid out here is what would happen under these
various scenarios regarding coverage. And coverage requirements,
essentially, what type of coverage do you have to pay your debt
service? That's essentially what it means.
And our financial advisors have indicated that with a strict TDT
pledge, most people will get a Double A rating if they have 2.4 times
coverage.
Now, there's, you know, nuance, little give and takes there, but
you can see here that under a one-cent coverage, you're not going to
get to that magical 2.4, but you will get to it under a pledge of two
pennies. So that's the -- that's the significance of that -- of those
particular lines. And the only reason we bring it up is to -- when we
start debating the issuance of debt at the Finance Committee, those are
the discussions that we will have in pretty significant detail when it
comes to knowing what the dollar amount that we're going to issue at
some point and also the coverage.
Now, we also indicated yesterday -- and we've had discussions
with our bond counsel and financial advisor that there would not be
what we call a county CB&A backstop to this. What we mean by
CB&A is covering the budget and appropriate.
We're not going to pledge -- we're not going to pledge. We're
going to pledge TDC tax -- TDT tax, but there's not going to be any
backstop from the county. You'll recall that -- I'll give you an
indication. The CRA note has no backstop from the county. It's a
strict pledge of tax increment financing revenues. Here will be a strict
pledge of tourist development taxes with no backstop by the county.
That's, I think, a point we need to emphasize.
Now, there's been some discussion about the fifth penny. And --
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COMMISSIONER McDANIEL: Can I ask one quick question?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: With regard to the backstop, is
there a limitation on the rate associated with the lack of the backstop?
MR. ISACKSON: Yeah. The interest rate probably won't vary
that much. I mean, we're a Double A Plus rating with our revenue
bond debt. We're a Triple A rating by Standard & Poor's on our general
corporate rating.
So it's not going to be that big of a deal, provided you can get the
Double A. If you're down to Single A, I think you're going to get some
interest rate discussions.
COMMISSIONER McDANIEL: Okay.
MR. ISACKSON: As Commissioner Saunders had pointed out,
the fifth penny was discussed, and there's a couple reasons why you
pursue the fifth penny. There's certainly a cash flow issue. You need
to replace the debt service that you're going to pay somewhere,
because that's going to get lost in the shuffle. It's going to get
earmarked to debt service, and somebody -- somebody, some other
programs, whether it's beaches, marketing, museums, are going to take
a hit.
So the fifth penny will allow you to, what I term, establish some
ordinance redistribution flexibility, and that's important.
Leo, what is this, about our third time we've been doing this?
MR. OCHS: Yes.
MR. ISACKSON: So, you know, we've had a little practice at
redistributing the ordinance, so...
We talked about the credit coverage. That's important. And we
also talked about, at the TDC, budget certainty. Let's talk about that a
little bit. Everybody's real comfortable right now, renourishment,
marketing, museums within the blanket of the tourist development tax.
There is some element of budget certainty with regard to that.
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If, for example, you don't do the fifth penny or you only do a
portion, let's say, of that fifth penny, now you have to introduce a
non-tourist development tax revenue source to help support marketing
or beach renourishment or museums. And once you do that, the likely
source is going to be your General Fund.
So now what happens? You get lost in the morass of tax policy,
the general appropriation process, and all of the competing interests
that are nipping at the tails of the General Fund: Transfers to capital,
our operational issues, things of that nature.
So you lose an element, I think, of budget certainty when you get
wrapped up in that big discussion about how general funds are
distributed.
So that's why we mention there are alternatives, but those
alternatives have risk. And the programs that are wrapped up within
the TDC have a nice blanket around them because there is some
budget certainty there. They know what the revenue sources are from
year to year, generally.
Commissioners, that's all I have right now. And I'll be happy to
answer any other questions you have right now, and I look forward to
your guidance and direction.
CHAIRMAN TAYLOR: Do you think we need to make a
motion, or is this more of a consensus? Or tell us -- tell us what you're
looking for, please, County Manager.
MR. OCHS: We're looking for the Board to authorize the
recommendations that were made in the executive summary --
CHAIRMAN TAYLOR: Okay.
MR. OCHS: -- and those are to develop a comparative
conceptual site development plan, schedules, cost analysis, and
financing plans for the site and bring that report back to the Board
within 120 days to negotiate with the owners of City Gate a final and
best price for the land in the non-monetary exchanges and to authorize
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an expenditure not to exceed 50,000 for additional consultant services
to help with the site development planning and some of the other
related elements of the project.
Now, Commissioner Saunders, I think, was suggesting to the
board -- and that would certainly be appreciated by the staff that there
-- that there may be an expression of a commitment at this point to
entertain that fifth penny so at least we know generally the gross
revenues that we're working with here. The allocations will ultimately
shake out over the next several months between the TDC
recommendations and the staff suggestions, and then the Board will
make those final decisions.
CHAIRMAN TAYLOR: Yeah. As long as -- as long as the -- if
it's agreed with my colleagues here that I would support that as long as
the fifth penny -- agreeing to the fifth penny does not preclude looking
at the reallocation of those five pennies.
MR. OCHS: No, ma'am. You know, you have two related issues
here. You had a board direction to look at the allocation of the TDC
revenues as they exist today, the 4 percent.
CHAIRMAN TAYLOR: Four pennies, uh-huh.
MR. OCHS: And you also have this action, which is related,
which is the financing options using tourist development taxes for the
sports complex. Staff is recommending and suggesting that you need
to add to those four pennies to make this happen.
So they're related but the reallocation will come back to you,
especially if you indicate a willingness to move forward on the fifth
penny. Now you'll have a reallocation recommendation of all five
pennies, and you'll deal with that over the next couple months.
CHAIRMAN TAYLOR: And I'll respectfully remind my board
that the reason that the people ever voted for this, and I think -- and
persuaded the commissioners -- and, Commissioner Fiala, it might
have been with you. The reason that people agreed to a bed tax -- it
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was before you. I think it was before you. You were elected in 2000.
COMMISSIONER FIALA: I was actually on the committee
from the outside working on that.
CHAIRMAN TAYLOR: Because of the beaches. It was the
beaches.
COMMISSIONER FIALA: Exactly right.
CHAIRMAN TAYLOR: And we have to keep that in the
forefront. Okay.
COMMISSIONER FIALA: Might I suggest we have some
speakers?
CHAIRMAN TAYLOR: We've got a couple other comments
here.
COMMISSIONER FIALA: Okay. I didn't want to take a -- I
didn't want to have anybody take a motion before we hear from our
speakers.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: Madam Chair, I'd like to hear
from the speakers, and I would like to try to fashion a motion at that
point, if I could --
CHAIRMAN TAYLOR: When --
COMMISSIONER SAUNDERS: -- just to capture a couple
things that I think would be important.
CHAIRMAN TAYLOR: Okay. Commissioner -- I'm going to --
Commissioner McDaniel, I know you were there.
COMMISSIONER McDANIEL: And I would, too, is wait till
we hear from our public speakers.
COMMISSIONER SOLIS: I will as well.
CHAIRMAN TAYLOR: Very good.
Let's hear from some speakers.
MR. MILLER: Madam Chair, we have five registered speakers.
Your first speaker is Mike Dunkle. He'll be followed by Kevin Van
March 28, 2017
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Duser.
MR. DUNKLE: Commissioners, thank you for your time.
My name is Mike Dunkle. I am the Asset Manager for the
Springhill Suites and Fairfield Inn Suites. I appreciate the time to be
able to speak.
And I wanted to let everyone know that we wanted to go on
record in regards to the fifth penny, that we are very supportive of this
effort. I encourage my fellow hoteliers, many that are here, to do the
same.
This is an effort that helps diversify the economy here in Naples.
It also benefits all hotels, urban and beach hotels. I can make that
statement because our hotel has negotiated with sports teams that have
played here before, and many of those teams selected to stay at beach
hotels. So it is a market that does benefit all hotels.
I also wanted to share one experience that I had with everyone. I
have the responsibility of five other hotels that I asset manage here in
the state of Florida. One of those hotels in Stuart -- in Stuart. Several
months ago when I traveled there, I arrived in the evening time. I
noticed that in our great room breakfast area, there was a baseball
team; 9- and 10-year-olds and many coaches, and they proudly
displayed Naples on their jerseys.
And I certainly was aware of this effort, so I walked up to one of
the coaches and I said, may I have an opportunity just to say hello to
your team and parents and players? And they granted me time to talk a
little bit.
I made them aware of what this effort was all about. And I can
tell you, it met with great excitement, not only from parents and
coaches, but also the players.
A specific comment that was made to me from the parents were
that it would be great to have a nice facility in Naples that we can be
very proud of, not that they're not proud of the current facilities that are
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already here, but it would be nice to be able to host these tournaments
here in Naples versus having to travel to Stuart or other cities.
And I thought that was very telling, and I appreciated their time in
sharing their feelings on that, and I encouraged them to get behind this
effort.
Thank you so much for your time.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER FIALA: Where did you fly in from? I know
you announced that yesterday.
MR. DUNKLE: Sure. I flew in from Dallas on Sunday night
specifically to be here for the TDC meeting and this meeting today.
COMMISSIONER McDANIEL: Thank you.
(Applause.)
MR. MILLER: Your next speaker is Kevin Van Duser. He'll be
followed by Kyle Zech.
MR. VAN DUSER: Good morning. Thank you for your time
and all that you do and for giving me the opportunity to speak. I'm
actually here, I guess, on behalf of the kids.
I've been dealing with sports for 40 years. I was born and raised
in Miami. I have six brothers and four sisters. After we finished our
chores, we were headed to the park and, if not, we had more chores.
So we wanted to make sure that we could get out of there and get out
of there as fast as possible.
When I grew up in Miami, I started -- at age 17 I started working
with kids. I saw the need for kids. I went to school, Liberty
University, played football. Coach Kramer and I actually played
together, then we ended up at American High School together in
Miami. And when he left 20-something years ago to come over here, I
was -- I left the American High School also and went -- because being
at one high school, I couldn't reach enough of the kids. There are so
many kids with problems, so many kids with difficulties. And one of
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the number one things we can do to get them off the streets, out from
behind the Play Stations and onto the playing field, was with sports.
And so I started a program over here. I came over here and
worked at First Baptist Church Naples when they moved to the new
location, and I started -- in 2008 I started a program called the
Beacons. The number one reason I started it, there weren't enough
fields. There weren't enough places for them to play.
And I started it in 2008, and when I resigned from First Baptist
Naples in 2014, the reason I resigned was because we got too big for
the property. And they have 90 acres. We covered a whole property,
and there wasn't enough.
So the Beacons are still going on right now. I started a whole new
program, Young Champion Sports, where our focus is to train young
champions for the future. We train the whole athlete. It's
four-dimensional coaching: Heart, soul, mind, and strength. Sooner or
later the sport is over. The type of people they become is what's most
important.
During that process I met Steve Quinn. Steve Quinn's sons were
involved in my program. Steve Quinn in involved with FBU. I have
the privilege to run the national championships for a football university
here for the last two years, and I'll be running national championships
here.
We went from 12 teams to 24 teams last year, and now we're
going to have 42 teams coming this year. And I know that that's a
huge help for the community and for the hotels and for -- it's a great
resource for money to come in and help pay for some of these things.
I -- one of my -- one of the key things that I have always tried to
keep in mind with working with the kids is that the number one thing
is keep the focus on the kids. All the fields and things that we use,
we've been using over the years, are heavily used. We go -- we get on
the high school -- I started a 501(c)3 because of the costs. It gets very
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expensive. So I started a 501(c)3 because we wanted to get on the
athletic fields, but I am now sharing it -- I was at Barron Collier last
night 7 on 7, four high schools involved with that.
Eventually -- what we did, we had to share the field with the
lacrosse teams. So if you look at what's going on right now -- is that --
oh, I've got one second -- with -- you've got somewhere between two
and four football teams. You've got between two and six lacrosse
teams. You've got two -- between two and six soccer teams that are
using all these fields. So with my program what we have to do all the
time is try to find -- where can we find a small corner of space to grow.
The last thing I'll say is when I started and I left First Baptist
Church Naples, we went from 80 families to 1,900 families that were
involved. So the kids are there; there's just no place for them to go and
be.
So thank you for your time and listening.
MR. MILLER: Your next speaker is Kyle Zech. He'll be
followed by Liz Sanders.
MR. ZECH: Good morning. My name's Kyle Zech. I'm actually
born and raised in Naples, Florida, here and hard to believe that I was
one of those 9- and 10-year-old kids that was traveling to these
tournaments in the other cities and other states.
I'm honored to be here today. I was a two-time state champion at
Naples High for baseball and football and had the opportunity to play
Division 1 baseball at Stetson University, had an older brother that
played Division 1 baseball at Villanova, and a younger brother that
currently plays Division 1 baseball at University of South Florida.
Growing up and being on these traveling teams, it was a hardship
on my parents. They spent roughly $10,000 a year just on travel to
other cities and other states on food, hotels, gas. And I think the
opportunity to have a sports complex like this in Naples and in this
community is going to benefit, one, our youth in the local community,
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the local business owners.
And, also, the amount of money that people are willing to spend
on sports is outrageous. I mean, knowing my parents, they were
middle class, and it is tough, but you're going to do what's best for your
kids. And they were willing to travel halfway across the state for us to
play in these tournaments, and in the end it benefited myself because
everyone knows sports teaches things that you can't learn in the
classroom, such as hard work, such as accountability, and these things
then translate into your future in your career.
So I look at this opportunity as an investment to our local
community and our future leaders of tomorrow. Thanks.
CHAIRMAN TAYLOR: Thank you.
MR. MILLER: Your next speaker is Liz Sanders. She'll be
followed by Kenneth Coloma.
CHAIRMAN TAYLOR: Okay. Ms. Sanders, you have to talk
slowly.
MS. SANDERS: Okay. I'll talk really slowly. I'm going to
decline speaking. I think Kyle hit it home. It's what it's all about. He's
born and raised here, and he's actually -- this is slow.
Anyway, Mike Dunkle and Coach V and Kyle, they said what I
have to say. So thank you very much.
MR. MILLER: Your next speaker is Kenneth Coloma. He will
be followed by Larry Petit-Dor.
MR. COLOMA: Good morning, Commissioners.
CHAIRMAN TAYLOR: Good morning.
MR. COLOMA: My name is Kenneth Coloma. I'm a member of
the local community, a graduate of Naples High School, and a father,
and a local business owner.
Eight years ago I became involved in Naples Gators youth
football and cheerleading as a coach. Three years ago I took over as
president of the nonprofit organization. This nonprofit organization
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has been in our community since 1958, as a lot of you know.
After taking over, I became aware of the financial burden that our
local youth nonprofits are expected to pay and incur. Our program,
like many others, helps create a safe environment to keep the kids off
the streets, helps developing student athletes become fine community
citizens.
The Gators consistently scholarship over 30 of our participants on
an annual basis. The cost of leasing fields, practice, game days has
increased significantly in the past three years.
Speaking on behalf of myself, the Gators, and local other youth
programs in Southwest Florida, and our governing board, the
Southwest Florida Youth Football League, we have discovered a
financial strain on these fees -- on those fees, excuse me.
Not only the Gators, but many other youth sport organizations are
finding it hard to find fields to play games or practice. Leagues are
paying over $1,000 a day to rent high school fields and accommodate
their needs. As a nonprofit, these costs and insurance costs are
weighing heavily because many need to increase their participation
fees.
The need for the sports facility has become a necessity for our
programs throughout Collier County and all of Southwest Florida.
Whether it be football, lacrosse, or any other sport, we are becoming
limited on space and usage. Naples is a great location for a sports
complex.
You know, Orlando may have conventions, theme parks, and
other tourist attractions, but Naples will be known as a sports paradise
coast.
FBU is a constant supporter of our local youth programs as well
as bringing in many tourists from throughout the country to Southwest
Florida. The complex will only increase this, events like the Youth
National championship, 7 on 7 tournaments, and other tournaments
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that fulfill the needs of the facilities.
As a community member and the president of the Naples Gators,
I can't be more excited for my children to have the opportunities
coming to them as a result of this new sports complex.
Thank you very much for your time.
CHAIRMAN TAYLOR: Thank you.
(Applause.)
MR. MILLER: Madam Chair, your last speaker is Gary
Petit-Dor.
MR. PETIT-DOR: Thank you. My name is Gary Petit-Dor. I'm
the president and founder of Wealth Leaders Life Coaching. And I
know I see a lot of the athletes of youth in Immokalee, a lot of them
here in Naples, and when I get a chance to talk to them, a lot of them
are encouraged that, you know, when you play sports or when you're
out and you're competing, you get a chance to position yourself to do
something great that you see the many people doing on TV.
Many a times for those kids, especially in Immokalee, they have
to travel all the way to Miami to be able to get a chance to be on a big
stage, and we believe having the sports complex here in the Naples
area even benefits the children in Immokalee and the small area where
their high school is the only place that they have to play a sports game,
and to bring a complex like this would be very beneficial to them, too,
to have that experience of a big stage so that they can pursue and go on
to bigger stages in college, bigger stages, even becoming professionals
in this event that they might be training for, and so many of them train
from childhood all the way to adulthood and never see a chance to get
a big stage.
And I think it would be great in their lives to be able to be a part
of that and you guys make a great movement in moving forward and
bringing this to these children, bringing this to these hardworking
families who, so many times, have to travel very far in order for their
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children that they work so hard for, the families that they work so hard
for, to see something like this, let alone win, but just alone just to see
it.
And it's awesome to know that Naples is positioning themselves
to bring something like this to us, bring something like this home,
because we need it, and we don't want to keep traveling so far to be
able to smile and bring trophies back to Naples, bring trophies back to
Collier County. We want to be able to host it here and win them here.
So thank you.
(Applause.)
CHAIRMAN TAYLOR: Thank you.
Commissioner Solis?
COMMISSIONER SOLIS: A couple things. One, my son
actually played with Kyle's younger brother, and so traveling around I
know playing baseball -- and Liz Sanders' husband was the coach, too,
as well on a couple different sports.
You know, I think -- I just want to make sure that as we're
looking at this as a tourist -- as a sports tourism revenue source and all
that, that we don't lose sight of the local kids.
CHAIRMAN TAYLOR: That's right.
COMMISSIONER SOLIS: I know when I was in the Little
League baseball area, you know, none of -- at least none of the teams
that my son played on played at North Collier Regional Park, and we
always wondered why. I mean, I understand there's reasons for it.
But I'm just -- I want to make sure that if we move forward with a
big complex like this that it is as available to the local teams as it is to
tournament teams. I think it's a great idea. It would alleviate the
burden. Also, a lot of families that -- having traveled around Florida, it
is expensive; it's very expensive.
Secondly, I just want to make sure that what we're talking about
today is it's directing staff to come back with comparative plans on the
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different alternatives that we discussed, not -- we're still talking about
the three different options that we had talked about before.
MR. CASALANGUIDA: That's right.
COMMISSIONER SOLIS: Okay. Because maybe I
misunderstood that we were just looking at one of the options, but -- I
want to make sure about that.
And then as far as the fifth penny, I would like to maybe
understand a little more about -- let me back up.
I'm concerned about this looming $120 million backlog of capital
improvements that we keep referring to. And I want to make sure that
whatever we do, we're not necessarily pledging, I guess, the county's
funds, general funds, to pay back these bonds, because I thought that
was a little -- what Mark said and what Commissioner Fiala said was a
little different, and I want to make sure that I understood that well.
MR. ISACKSON: All right. There's two issues here. One is
what Commissioner Fiala was referring to and what I was referring to
yesterday with the TDC is once you introduce a bond issue that's paid
for strictly from a tourist development tax pledge, that that becomes
the primary purpose for the redistribution.
COMMISSIONER SOLIS: That's it.
MR. ISACKSON: In other words, it's buried within there, and it
takes a priority position when it comes to the payment of debt. That's
always a priority position whether it's TDT or any other debt that we
issue. That's always first and foremost.
Now, what you're referring to, Commissioner, I think, is this
noncounty backstop, and there's a reason why we don't do that, and it's
exactly the reason that you just mentioned. We've got a lot of other
things that we're dealing with.
So if for some reason -- we don't like to use the D word in terms
of default. But if for some reason there is a dip in the market,
whatever the case might be, that's what we were talking about
March 28, 2017
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yesterday, I'm not swooping in with general governmental revenues as
a bailout.
COMMISSIONER SOLIS: Okay. That's all I had. Thank you
for clarifying that.
CHAIRMAN TAYLOR: Commissioner Saunders?
COMMISSIONER SAUNDERS: Madam Chair, I was going to
make a motion, if it's --
CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER SAUNDERS: -- in the event that no one has
any objection to that.
CHAIRMAN TAYLOR: Commissioner McDaniel? Okay.
Please go ahead.
COMMISSIONER McDANIEL: If I might just make one quick
comment, and this is just -- this is, again, my personal belief with
regard to the chronological order, and maybe your motion's going to
necessarily take care of this.
We don't go out and shop for homes until we know what we're
prequalified for, and that's my rationale from seeking the funding
source in advance, at which point then we can go forth with the efforts
and expenditures to analyze and get to where we need to be with
regard to the locations and the potentials of the site. That was --
COMMISSIONER SAUNDERS: Let's talk about that for just a
second, because I think we're going to put staff on a rather short
timeframe. I think four months -- three to four months, they're going
to come back to us. If they don't have the additional support with the
$50,000 authorization to hire some consultants, I don't think we're
going to be able to get information that we need.
And so part of my motion's going to be to include that $50,000
expenditure to authorize that. I hope you can support it with the
understanding that if we're going to get an answer fairly soon, staff's
going to need that additional support to get us the information we need.
March 28, 2017
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COMMISSIONER McDANIEL: Can I say, it rubs me the wrong
way, but I'm -- I will acquiesce to your knowledge and experience.
COMMISSIONER SOLIS: Well -- and --
COMMISSIONER SAUNDERS: I'll take the blame for it.
COMMISSIONER SOLIS: This raises a good issue. The 50,000
for the design is -- we also need to know what we want to do, right?
And that relates to how much it's going to cost as well, right? So there
is somewhat of a chicken-and-the-egg problem, but I guess we've got
to pick one.
COMMISSIONER McDANIEL: We already have -- and I don't
mean to interrupt. But I mean, we've already seen preliminary site
plans, we've already seen preliminary layouts on the locations, at least
on the City Gate and the 305; we haven't looked at the golf course
facility yet, necessarily. I haven't seen a plan with regard to that.
We already have an estimated topline expense with regard to this
facility as to what it could be depending on what the land costs, in fact,
end up being. But we -- negotiating for the purchase of a piece of land
before you're qualified with regard to your finances just -- and I
understand this is government and it's not how we do things outside the
door, but I just -- to me, chronologically, we have the cart in front of
the horse if we're doing that, so...
MR. OCHS: Madam Chair?
CHAIRMAN TAYLOR: Yes, of course.
MR. OCHS: If the Deputy Manager could speak a little bit to that
consultant engagement.
CHAIRMAN TAYLOR: Yes.
MR. CASALANGUIDA: Sure. The first comment
Commissioner McDaniel made as far as the Braves analysis, it was
100,000 feet. It was not very detailed. There were, I would call them,
caricatures. We didn't invest a lot of time and engineering in that.
In the second round we presented you, we just looked at acreage
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to make sure that the acreage made sense, you know, for what we were
looking at and get rough ideas.
I would recommend you move forward with this next phase only
because of the timing. If you're going to be looking at trying to
understand the financing, as Commissioner Saunders pointed out, the
quarter penny to beaches and three-quarters there, the feasibility of
directing an ordinance change and -- or the amount, I think you need to
know a little bit deeper.
So from 50,000 feet to 25,000 gets you those three different
versions with some better information so you could make a more
informed decision, and that would my recommendation to you. It also
has an impact on Collier 305, because we're going to be coming
forward with a rezoning of that and the planning for 305 with the road.
And without knowing a little bit of this in advance, it's going to affect
the planning of that as well, too.
COMMISSIONER McDANIEL: And if I might clarify, then, a
portion of that is going to be an analysis of the expenses associated
with the rezone of a piece of property that we're going to do anyway,
and that's just -- I mean, eventually we're going to rezone that piece of
property to something. So a portion of that expense, then, is allocated
over there for that analysis to give us a truer cost as to what we're
staring at for the utilization of that?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER McDANIEL: I'm happier.
(Applause.)
COMMISSIONER McDANIEL: I wasn't going to vote against
it, by the way. It just isn't working.
CHAIRMAN TAYLOR: Sometimes in life things come together,
and you can't silo them. And I would say that this sports content and
all the parts of the government and what we do are being touched.
COMMISSIONER McDANIEL: Right.
March 28, 2017
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CHAIRMAN TAYLOR: Beach renourishment, our parks, our
children, our future, diversifying our economy, jobs. It's all under this
extraordinary time we live in, and it's important, I think, to bring it all
in. So I really appreciate the comments.
Commissioner Saunders?
COMMISSIONER SAUNDERS: All right. Well, let me try to
make a motion that will have a couple parts to it.
The first part is to direct staff to proceed to provide information
concerning the amateur sports complex and to authorize the
expenditure of the requested $50,000 to move the project along.
As part of the motion to reaffirm our willingness to increase the
tourist tax, recognizing that the only way to finance this project is
through tourist taxes. There is no other mechanism.
And, number three, to see about reducing the scale of the project
so that we don't have to dedicate one penny, one percent, the fifth -- the
entire fifth cent to debt service, because that will give us a cushion to
put more money into beach renourishment. It will also give us a
cushion if there's a slight turndown in the tourist industry so that we
don't have to take away from other funds as opposed to just
committing the entire 1 percent.
Again, not an obligation on our part, but just direction to staff to
take a look at the scale of the project recognizing the potential for
reducing the debt service to a point where it doesn't take up the entire
fifth penny.
COMMISSIONER McDANIEL: And I'll second that for
discussion.
CHAIRMAN TAYLOR: I was fine until you talked about the
reduction. I guess because I've lived the Hunden report, and they've
come, and if we build it, they will come, and we need -- the Hunden
folks were brought in here because of two things: We were
conceptualizing a sports area facility, but we needed -- we need extra
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fields for our kids, and we didn't know how this would come together.
And they came -- the Tourist Development Council paid for the
consultant. Mr. Wert was very involved in it. And what they said was,
you know, if you're going to build something, you need to build it so
that you can attract. And there's a lot of other communities that are
doing the same thing, so you've got to build it right. It doesn't mean
you have to build, you know, the Taj Mahal, but you have to build it
right.
And that $60 million figure was an approximate brought forward
by Hunden. It was always my understanding, Mr. Casalanguida, that
once we pick the spot, figure out the financing, then the hard work
comes to figure out exactly how much this is going to cost based on
our needs, and this would all be based on our needs.
The consultant's study actually did a survey of what we do need.
And I can tell you, we don't need -- we do not need -- it's amazing.
The priority is baseball, is baseball, in this community. That's the
number one. Football is there, but it's not as high as baseball.
So in that study -- it's an easy read. It's not a little read, but it's a
very easy read, really well written. And if you haven't read it, I would
encourage you to do it because it basically give us a blueprint not to --
not a -- it gives us a blueprint, but it doesn't require us to follow it
exactly, but it kind of talks about the way to approach this.
So we're talking about diversifying our economy in this
discussion, which is huge unto itself, and we just need the facilities to
do it.
So I don't think I can support -- if you could modify the end of
your motion somehow to not say cut it down, but if you could rephrase
it somehow.
COMMISSIONER SAUNDERS: Well, let me talk about the
motion for a minute, because what I said was for staff to take a look at
the scale of the project so that, perhaps, we don't have to spend the
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entire one penny for debt service. And I indicated that that would not
be anything binding on us. That would just be giving staff some
direction.
The information that's been provided by staff says that we need to
have 4 to $6 million for -- I'm assuming this would be for debt service.
It says 4 to $6 million of program tourist development tax distribution
to satisfy debt service payments.
I'd like to see us closer to the 4 million than to the 6 million,
because if we're at the 6 million, you know, and there's a problem, then
we're going to be dipping into all of the other tourist development uses
to make that debt service.
If we're closer to the 4 million, remember one percent will raise
5.2 to $5.4 million. That gives us a cushion, but it's not an obligation
on our part. If Hunden comes back and says, nope, there's no way to
do this, you have to do this with 5 or $6 million in debt service, then
we'd have an opportunity.
I'd like to have staff look at this from the perspective of let's be
frugal, let's be -- let's build what we need to build, but if we can, you
know, be conscious of downturns in the economy and what that could
mean for other uses of tourist tax, I think that would be a prudent
approach.
So that's the purpose of the motion. But it wouldn't obligate us to
a lower number. It would just be direction to staff to see if we can do
it at that lower number.
CHAIRMAN TAYLOR: But it's my understanding that we need
that. Did I mis -- did I misinterpret what you said, Mr. Isackson? We
need two pennies, 2.39 pennies; is that correct?
COMMISSIONER McDANIEL: No.
MR. OCHS: No.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: I'm sorry.
March 28, 2017
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MR. ISACKSON: Ma'am, what we're talking about is a nuance
in regard to our debt service coverage.
CHAIRMAN TAYLOR: Right.
MR. ISACKSON: That's all that relates to.
CHAIRMAN TAYLOR: Okay.
MR. ISACKSON: You're going to be -- you're going to be
considering this within the confines -- if you raise a fifth penny, you're
going to be considering this within the confines of five cents. And
when we pledge something, when we write something in a bond
document and we pledge revenues, we're going to have to decide what
we're going to do. We're going to -- a pledge doesn't mean -- all a
pledge means is that you're pledging a revenue source to pay debt
service. That's all that's required to do.
CHAIRMAN TAYLOR: Okay.
MR. OCHS: Madam Chair, from my perspective and the staff
perspective, we're comfortable with what Commissioner Saunders has
laid out as a motion. We think we can work with that effectively
without compromising, you know, the scope or the quality of the
program.
There's phasing opportunities; there's other things. So for what
it's worth to the Board, we're comfortable with moving under that
direction, and I don't believe that that compromises the facility as the
consultant had recommended at this juncture.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SOLIS: And that's one of the things that I
was going to mention was that one of the alternatives was, you know,
phasing the project, part of it on the City Gate property, part of it on
the 305 property, and maybe taking advantage of the phasing for, you
know, the revenue stream. So that's all I wanted to say. Your turn.
COMMISSIONER McDANIEL: Madam Chair gets upset with
me if I start talking without hitting my button.
March 28, 2017
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There are a lot of moving parts. There are a lot of dynamics with
regard to the financing, with regard to the location, with regard to the
phasing. There are other entities that we haven't even talked about yet
here that are interested in participating with this program for the
benefit of our community, for the benefit of our kids.
So I think Commissioner Saunders' motion, with me not being
happy about spending the 50,000 right now, does what we need it to
do.
Our CFO, Mr. Isackson, made a comment about financing
flexibility, and I think that's something that our bond counsel -- when
our Finance Committee comes through, with the recommendations,
Commissioner Saunders, they'll have enough conservativism (sic) built
into the borrowing process to not obligate us out past the revenue
sources. There are historic data that comes along with these tax
increases and so on and so forth that I think we've covered what we
need to do in order to move this project forward.
CHAIRMAN TAYLOR: Okay. We have a motion on the floor.
Any other discussion?
(No response.)
CHAIRMAN TAYLOR: And there's a second. I don't remember
who the second was.
COMMISSIONER McDANIEL: It was me.
CHAIRMAN TAYLOR: Commissioner McDaniel.
COMMISSIONER SAUNDERS: Madam Chair --
CHAIRMAN TAYLOR: Yes.
COMMISSIONER SAUNDERS: -- before we call the vote,
rugby is an up-and-coming sport, so plug that into the dialogue.
MR. OCHS: It's in the program, sir.
MR. CASALANGUIDA: It's in the program.
COMMISSIONER SAUNDERS: Okay.
COMMISSIONER McDANIEL: It's part of multi-use fields, sir.
March 28, 2017
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MR. OCHS: We're looking for a captain of the county team, sir,
if you're interested.
COMMISSIONER SAUNDERS: You're got one right here.
COMMISSIONER SOLIS: Are we building tennis courts out
there?
COMMISSIONER McDANIEL: Exactly.
MR. CASALANGUIDA: Pickleball.
CHAIRMAN TAYLOR: Yeah, pickleball courts.
MR. OCHS: All right.
CHAIRMAN TAYLOR: All right. So there's a motion on the
floor and a second. All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
MR. OCHS: Thank you, Commissioners.
COMMISSIONER FIALA: Can I say, speaking of sports, I hope
everybody gets over to the East Naples Community Park to see that
shade structure. Whoa. It is amazing what we're doing over there.
Thank you.
(Applause.)
Item #11B
INITIAL FUNDING IN THE AMOUNT OF $1.8 MILLION PLUS
A 10% CONTINGENCY AMOUNT OF $180,000 FOR
CONVERSION OF MULTIPURPOSE NATURAL TURF FIELDS
March 28, 2017
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TO ARTIFICIAL TURF, AUTHORIZES STAFF TO ISSUE A
DESIGN WORK ORDER FROM THE ENGINEERING
CONTINUING SERVICES CONTRACT, APPROVES THE TDC
CATEGORY “B” TOURISM PROMOTION FUND (184) BUDGET
AMENDMENTS IN THE AMOUNT OF $1.98 MILLION, AND
MAKES A FINDING THAT THIS EXPENDITURE PROMOTES
TOURISM – APPROVED
MR. OCHS: Commissioners, that moves us to Item 11B. This is
a recommendation to approve initial funding in the amount of $1.8
million plus a 10 percent contingency for the conversion of natural turf
fields to artificial turf at the North Regional Community Park.
Mr. Williams will make a presentation.
MR. WILLIAMS: Madam Chair, Commissioners --
MR. OCHS: Or answer questions.
COMMISSIONER SAUNDERS: Does anybody have any
problem with this?
COMMISSIONER McDANIEL: I'll move for approval.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN TAYLOR: All those in favor?
MR. WILLIAMS: Madam Chair?
MR. OCHS: Hold on.
MR. MILLER: I have a registered speaker.
CHAIRMAN TAYLOR: We do have a registered speaker. Are
they going to try to talk us out of it?
MR. MILLER: Phil Brougham.
MR. BROUGHAM: I would never think of doing that.
CHAIRMAN TAYLOR: Oh, we need to hear from you, sir.
MR. BROUGHAM: Good morning. Thank you for letting me
come up here again.
Certainly, no.
March 28, 2017
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CHAIRMAN TAYLOR: Would you just identify --
MR. BROUGHAM: I'm Phil Brougham.
CHAIRMAN TAYLOR: And you are chairman?
MR. BROUGHAM: Are vice chair of the Parks and Recreation
Advisory Board.
CHAIRMAN TAYLOR: Very important.
MR. BROUGHAM: And I'm enthusiastically in favor of what
you have before you on this item.
But just a few words here. We've been talking, and I've heard
many of you mention this morning about capacity and the need for
more fields and a sports complex, which I also agree with, and I also
heard mention this morning of let's not lose sight of that elephant in the
room which is called backlog of maintenance.
And when we're thinking about building a sports complex, if it's
approved, it's going to be three or four or five years from now. The
artificial turf proposal here was initiated out of the Hunden study,
endorsed at a raucous meeting or two. But anyway, it's going to buy
some time because this sports complex, as it comes into being, is going
to be out there in the future.
The artificial turf proposal -- and I hope you're going to approve it
-- will start to buy us time. It will increase the capacity dramatically at
North Collier Regional Park. And I think that's the direction that we
need to continue to go is to focus on maximizing the capacity in our
current park structures.
Let's not lose sight of all the investment we've made and the
potential to increase capacity through astute maintenance and planning
on how do we increase the maintenance and the capacity of our
existing infrastructure before we build additional needs to take care of
that into the future? Because each of those new fields is going to
require maintenance.
And let's use a little foresight and history to temper the exact
March 28, 2017
Page 84
plans when we get to that sports complex. Do we put artificial turf on
that? Do we do natural turf, et cetera? Because when you get down to
it, it's all about ongoing maintenance.
And I'll put in another plug: Let's get a dedicated some new
source of funds to ensure that we maintain our parks' infrastructure and
not have to rely on the General Fund on a continuing basis.
But I'm in favor.
CHAIRMAN TAYLOR: Thank you. Thank you.
Commissioner McDaniel?
MR. BROUGHAM: I might as well stand back up here, because
I'm up for the next one.
COMMISSIONER McDANIEL: Yeah. And when I rolled down
here to my notes on this from when I was reviewing our agenda, I --
and it has to do with our Parks and Rec, and maybe the advisory
committee as well.
One of the things -- and if it's already being done, somebody
please share, Mr. Williams. All of these adventures, all of these things
that we're doing for our community, there are revenue sources,
ancillary dollars that flow into our community. Are we doing any kind
of survey with the visitors? Because I know North Collier does a lot of
out-of-town tournaments for a lot of different venues. Are we doing
any kind of a survey to find out where the folks are coming from,
where they're staying at, what their extended -- you know, amount of
stay that they're, in fact, having, to allow us to add back some
measurable milestones to be able to make these equitable decisions
that we're doing?
I mean, it's nice that we're doing this for the benefit of our
community, but I'm looking for milestones and measureables that I can
look at that are tangibles. Are we doing that yet?
MR. WILLIAMS: Yes, sir. We work closely with the County
Manager's Office. There's a quality assurance, quality control
March 28, 2017
Page 85
mechanism in place for all county services, including Parks and Rec,
and that is a metric that we follow in terms of who's using our parks
system and what their experience has been, where we can improve
things. So it is definitely a part of our process, yes, sir.
COMMISSIONER McDANIEL: I'd like to see that at some stage
of the game.
MR. WILLIAMS: Sure.
COMMISSIONER McDANIEL: As we're going through these
processes with these -- just some of historical data from a highly used
facility like we have at North Collier. They may help us with some of
the other decisions that we have to make going forward.
MR. WILLIAMS: Yes, sir.
CHAIRMAN TAYLOR: Thank you.
Okay. So there's a motion. There is a motion, isn't there?
COMMISSIONER McDANIEL: There is.
CHAIRMAN TAYLOR: And a second. All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
MR. OCHS: Commissioners, Item 11C is a recommendation to
award --
CHAIRMAN TAYLOR: I'm sorry. And I know this is maybe
out of line, but we do have some folks that have been sitting here for
quite a bit of time regarding the Consent Agenda item that was moved
to the regular. I wondered if we could hear that. Would that be
possible? Are we in agreement here?
March 28, 2017
Page 86
COMMISSIONER SAUNDERS: Sure.
MR. OCHS: Certainly.
COMMISSIONER McDANIEL: Totally fine with that.
CHAIRMAN TAYLOR: All right, good.
Item #11F
RESOLUTION 2017-67: A RESOLUTION IN SUPPORT OF
ACHIEVING THE STATUS OF BLUE ZONES EMPLOYER
FROM THE BLUE ZONES PROJECT OF SOUTHWEST
FLORIDA – ADOPTED
MR. OCHS: Okay. So that moves us to Item 11F, which was
previously Item 16E2 on your consent agenda. This is a
recommendation to approve a resolution in support of achieving the
status of a Blue Zone employer from the Blue Zone project of
Southwest Florida.
This item was moved at Commissioner McDaniel's request, and
Ms. Price has a brief presentation on this subject.
COMMISSIONER McDANIEL: If she can figure out which
button to push.
MS. PRICE: You'd think -- I'm in charge of IT. You'd think I'd
know how to use a computer, but not necessarily.
Good morning. Len Price, Administrative Services Department
Head, for the record, and I'm here today to talk to you a little bit about
Blue Zone work site.
We were directed by the Board a couple of meetings ago to
review what the City of Naples and Cities of Bonita Springs had done
regarding resolutions towards moving towards the Blue Zones and
then to create one for Collier County.
Before I go too much further, I just wanted to give you a brief
March 28, 2017
Page 87
highlight of what Blue Zones even are so that I'm sure that everybody
here is speaking from the same knowledge pool that I am.
Blue Zones are regions that were identified throughout the world
where people are living to a hundred years old and higher and doing so
with far lower incidence of things like heart disease, diabetes, cancer,
and obesity.
And so studies were done to determine what do these areas have
in common? They had identified five of them, one of them being in
the United States, Loma Linda, California. And what they found is
that in these areas people were moving naturally as part of the
environment a lot; not necessarily going to the gym and pumping iron
and running marathons, but just walking and moving naturally, that
they had a sense of purpose, something more meaningful to them than
work, but they really understood why they were there and what
purpose they were supposed to be serving.
They were able to downshift and relieve stress through some
specific means, whether it be play or meditation or some other force.
They followed the 80 percent rule. That's where you stop eating before
you're full and wait for your belly to catch up to your brain.
COMMISSIONER SAUNDERS: Yeah. We have to try that
sometime.
COMMISSIONER SOLIS: Can we talk about that?
COMMISSIONER McDANIEL: I'm not thinking that's such a --
if that's part of the project, we have an issue.
MS. PRICE: I hear you.
They also found that they had a plant slant, that they ate higher
concentrations of foods that were grown than other processed foods
and meats and the like. They drank wine after five. This doesn't mean
you save it all up for Friday and have 14 glasses, but what they found
is that the people in these areas traditionally drank one or two glasses
of wine in the evenings. They had a good social network and a good
March 28, 2017
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support system. They belonged to faith-based communities, and they
put their loved ones first. These were the things that they had in
common.
And so the Blue Zone project kind of builds on that. And there's
six sectors that they've identified.
Community, which is where you build -- you build safety into
your transportation with walkability and bikeability. You have food
policies and tobacco policies. There's the work site, restaurants,
schools, grocery stores, and a personal pledge that are all part of that
program.
In the City of Naples and the Cities of Bonita, they went towards
the community piece of it. When I looked at that, it was a pretty big
undertaking. Considering everything else that's going on in this
county, I certainly -- it certainly wasn't something in my purview, in
my talent pool for me to try to undertake, and I didn't think that the
county was really ready to start moving in that direction with
everything else that was going on, but the worksite piece really fell
into what we do. We've been -- since 2002, we have had a great
wellness program.
And in looking through where we are, what I found is that I think
we're pretty close. The qualifications to get us there would be that at
least 25 percent of our people would take a personal pledge towards
enrolling in walking programs and workshops and volunteerism, which
I believe far more than 25 percent of our folks do now.
You need to earn 72 of 109 points, and they come from these six
areas. You'll note that one of them is not wine after five but instead it's
in terms of leadership, purpose, habitat, engagement, policies and
well-being solutions.
So where are we now? I believe that our program gets us already
there. I've done a self-assessment and our team has done a
self-assessment. We think we're at about 78 out of 109 points.
March 28, 2017
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If you support this, then we'll submit our program and have the
Blue Zone Committee take a look at it and see if they agree or not.
Our intent is only to make any changes that we planned to make
anyway and to follow any programming that we planned to do anyway.
So there's no real change from our plan. This would really be an
opportunity for recognition through the Blue Zone project of what
we've believed in and you've supported over the last 12 to 14 years.
And so with that, I will take any questions.
CHAIRMAN TAYLOR: Any questions? Yes.
COMMISSIONER McDANIEL: Since I'm the one that brought
it up, I do. And I really appreciate you taking the time to explain that.
And I wanted folks to know I'm not against the Blue Zone initiative. I
just wanted to have a few points clarified from an educational
standpoint as much as much anything.
I did have a couple of pointed questions with regard to the
expense -- I've been led to believe that the -- we already have a
wellness program existent here at Collier County with our staff and
that this Blue Zones worksite project will do nothing but enhance the
wellness program that we already, in fact, have here at Collier County;
is that correct?
MS. PRICE: That is correct.
COMMISSIONER McDANIEL: And expenses associated with
the Blue Zone initiative, there are none. We're basically just utilizing it
as an enhancement for what we already have, and that the Blue Zone
project does, in fact, provide us with additional data and analysis and
statistical information with regard to how our community -- from an
employer's perspective, how our employees are performing under the
health wellness that we already have.
MS. PRICE: Correct.
CHAIRMAN TAYLOR: That's it?
COMMISSIONER McDANIEL: That's the main questions. I
March 28, 2017
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did have one question of Ms. Logan, if I could ask her to come up.
CHAIRMAN TAYLOR: Why don't we -- do we have speakers?
MR. MILLER: Yes, ma'am.
CHAIRMAN TAYLOR: How many?
MR. MILLER: We have seven registered public speakers.
CHAIRMAN TAYLOR: Can we wait or do we --
COMMISSIONER McDANIEL: Yeah, sure. And she may
answer my questions before I get her.
CHAIRMAN TAYLOR: Okay.
MR. MILLER: Your first speaker is Steven Bracci, if I'm saying
that right. He has been ceded additional time from Dr. Joseph Doyle,
who I see, and Ms. Sandra Doyle, who I see. He will have a total of
nine minutes. And he will be followed by Bill Barnett.
MR. BRACCI: Thank you very much. My name is Steve Bracci,
and I'm here today as a private citizen.
I -- back in 1999 I had a commanding lead in the Naples triathlon
heading into the swim portion, which is my nemesis, only to be swum
down by Jack Burton, a long-time resident, for an 11-second defeat. I
came in second place.
I have finished four Ironman triathlons, I have twice qualified for
the Hawaii Ironman, as has my wife, who's competed four times, and
in 2000 we were engaged in Hawaii at the Ironman triathlon. I have
two healthy kids. We are a very active, healthy family.
I have no agenda in this matter other than that I do not like the
mission creep of a for-profit corporation and its identified local
hospital, NCH, attempting to gain influence over our society by virtue
of its penetration into our government agencies.
Today's proposed approval of Collier County as a Blue Zones
employer is sympathetic of the approach that the Blue Zones project
has taken over the past two years as it attempts to gain social influence
over Collier County's society by way of its so-called community-wide
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initiatives and partnerships with our local government agencies.
Once again, similar to their efforts with the Collier County School
District, we are putting the cart before the horse without any broader
discussion about the Blue Zones project and its principles and the
Southwest Florida Blue Zones blueprint that was negotiated, signed,
and approved behind closed doors outside of public view in July of
2015 to the exclusion of the public.
This included Commissioner Penny Taylor, who was part of that
Blue Zones Steering Committee. Ms. Taylor was instructed by the
Blue Zones Project Manager in June of 2015 that she was to conceal
that blueprint document. She was told that this blueprint document
shall not be public record or shared until after she and the others
approve it in July of 2015. That's how this document -- this is how
Blue Zones came into Southwest Florida.
Now, the resolution in front of the Board states, quote, the Board
desires to support the principles of the Blue Zones project and to
achieve the designation of the employer -- Blue Zones employer as a
natural next step in promoting wellness among its employees, and yet
there is not a single shred of backup information in today's agenda item
describing what the Blue Zones project is, what the nine principles
really mean, and why or how the county should be interested in
implementing these nine principles. Furthermore, the blueprint that
Ms. Taylor signed is not part of today's backup documentation.
I hereby make a public records request for the agenda item, the
minutes, and the backup document when the Board took the natural
first step, not the next step, but the first step of discussing when, why,
or how it should be part of the Blue Zones project. If I'm not mistaken,
such records don't exist.
Here the company -- the county's jumping straight to Stage 2,
becoming a Blue Zones employer and, thereby, involuntarily
subjecting its thousand employees to the Blue Zone project's
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principles. Whether they say so or not, that's what they're doing. And
even more, the resolution in the executive summary, in essence, argue
that the county already does these things, these best practices and,
therefore, it does not need to do anything new and it supposedly won't
cost the county anything, so you should just join up. This is the same
playbook they used with the Collier County School District.
But the corollary question is this: If we are doing fine on our own
as a county, why should the county place some private for-profit
trademark Blue Zones label on our county and its employees? Whose
interest does that serve, theirs or ours?
I have an article here from the Daily Mail. This is an English
newspaper from March of 20 -- March 7, 2017. Naples, Florida, is
named the happiest and healthiest city in America while a town in
Arkansas comes in dead last. It goes on to say, Naples has the highest
number of residents thriving in community well-being, so on and so
forth.
Then it says, never mind the good weather, beach proximity, or
affluence of the county, says Gallop, Naples top market could be
attributed to the 2015 launch of the Blue Zones project. Really? Isn't
that a bit insulting to we, the people, who have worked organically
over the last decade upon decade to be a healthy, happy community?
Was it really the Blue Zones project that made us become happy?
And you know what else? In 2015, according to their own poll,
we were already No. 2 and have since become No. 1. Well, No. 1,
doesn't that by definition make us an organically created Blue Zones
community? Why should we have government intervention in that
process?
And secondly, just like this article talks about, Arkansas coming
in dead last, why did Blue Zones choose to start in wealthy Naples,
Mr. McDaniel, as opposed to the impoverished Immokalee area, who
you represent? Wouldn't the marginal increase have been so much
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greater out there?
COMMISSIONER McDANIEL: And, by the way, Mr. Bracci, I
represent the whole county. I was elected by the folks in District 5.
MR. BRACCI: Understood, Mr. McDaniel. And I was just
making that point because of geography, but thank you.
COMMISSIONER McDANIEL: Yes, sir.
MR. BRACCI: NCH has contracted -- we should understand
that. They've contracted with Health Ways to obtain the exclusive
Blue Zones project platform in Southwest Florida. Doesn't this strike
you as odd? If Blue Zones is simply a philanthropic approach to
becoming a healthier community, why does NCH own exclusive
rights?
About 18 months ago the News Press reported that Lee Memorial
tried to be -- to get involved in the Blue Zones project, and they were
told, no, you have to go to NCH. You can't participate in this
philanthropic approach unless they approve it.
Now, in Collier County, does the county's endorsement of the
NCH-controlled Blue Zones project leave our other large hospital,
Physicians Regional, on the outside looking in? After all, NCH
controls the right.
Is there something more going on here that NCH and Blue Zones
are not telling us? Could it be that NCH needs this Blue Zones project
to somehow directly or indirectly financially improve its own bottom
line and needs to achieve a certain amount of control over our society
and our governance in order to qualify for that benefit?
More specifically, is it a prerequisite for NCH to qualify for
Medicare subsidies from the federal government, and its -- and NCH's
financial investment in the Blue Zones project is really just a way for
them achieving their own larger financial returns? And, if so, is the
county getting played here?
As a corollary, is the county now being asked to participate to
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really serve the interest of NCH and the for-profit Blue Zones
company rather than the county's interest?
Commissioner McDaniel, you were a successful businessman.
Mr. Solis and Mr. Saunders, you are both successful and experienced
attorneys. If you or your client was considering entering into a
partnership with a private company that was telling you that they had
an exclusive franchise right, what would be the first thing you did?
You would ask them to see that contract so that you can understand
what obligations and rights are in that agreement, what benefit does it
derive -- does it give the franchisor, what benefits is it going to give
your partner, in this case, NCH, and what benefit or burden does it put
on you as the county -- put on you as a businessman.
You guys are now sitting as commissioners taking on the county's
business. Why would you not give that same equal dignity in this
situation? You are, in essence, asked to be participating in this project
by becoming a Blue Zones employer.
Incidentally, the term "Blue Zones employer" is trademarked to
Blue Zones, LLC. Would you not, as you sit here as the county
commissioners, ask those same questions? These guys, NCH and Blue
Zones, have run around this county now for two years, and nobody,
not anybody, not the newspaper, not any government agency has said
to Allen Weiss and NCH, what's in it for you, directly or indirectly,
and what's in it for Blue Zones indirectly or directly.
Blue Zones, nationally, has 1,700 employees. What are they
doing to make money? They're a for-profit company. There's
something more going on here, and nobody is asking the questions.
We are putting the cart before the horse jumping in and becoming
a Blue Zones employer without understanding from Allen Weiss and
NCH what's really going on. I think there's some questions that need
to be asked as responsible commissioners.
Thank you.
March 28, 2017
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MR. MILLER: Your next speaker is Bill Barnett, and he will be
followed by Deb Logan.
MAYOR BARNETT: Good morning.
CHAIRMAN TAYLOR: Good morning, Mayor.
MAYOR BARNETT: Madam Chair, Commissioners, Madam
Clerk. I'll take a deep breath.
I will tell you, talking about government intervention, et cetera, et
cetera, et cetera, which I just heard for the last nine minutes, and about
NCH, the City of Naples is proud to be a Blue Zones worksite. My
involvement has been for about two years. That's about what it took us
to get that accreditation.
Ask any one of the city employees that participate that go on the
daily walks, that practice what Blue Zones is all about; and I adopted it
or adapted it myself, but it's about healthy choices and healthy living.
And talking about government, I don't think that there's anybody in the
City of Naples looked at it from the remarks and comments that I just
heard.
Blue Zones, it is probably the most nonpolitical resolution that
I've ever seen, okay. There are no politics that I know of. And if
anybody would know, I probably would, in the Blue Zone concept. It's
about healthy choices and healthy living. I support it, our city supports
it, and our residents support it.
So that's all I'm going to say today. Thank you so much.
MR. MILLER: Your next speaker is Deb --
COMMISSIONER McDANIEL: Can I ask a question of the
mayor?
CHAIRMAN TAYLOR: Sure, you can.
COMMISSIONER McDANIEL: Mr. Mayor, just a quick
question. How long have you been involved with the Blue Zones
project in the city?
MAYOR BARNETT: About two years.
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COMMISSIONER McDANIEL: And have you seen additional
expenses associated to the wellness program that the City -- or the
Naples employees, in fact, have?
MAYOR BARNETT: No, sir.
COMMISSIONER McDANIEL: Have you seen any mandates
from the Blue Zone project being put upon your employees?
MAYOR BARNETT: Absolutely not.
COMMISSIONER McDANIEL: Thank you, sir.
MR. MILLER: Your next speaker is Deb Logan. She'll be
followed by Allen Weiss.
CHAIRMAN TAYLOR: You need to give one to our --
MS. LOGAN: Good morning. Thank you very much for this
opportunity.
I wanted to reiterate a couple things. Thank you to Len for
explaining the project. But we are in 32 communities throughout the
United States; nine states. And as Len said, you know, our goal -- it's a
community-wide well-being initiative to help make the healthy choice
an easy choice.
And it is 100 percent funded by NCH, so there are no tax dollars,
no government funds involved in the project at all. So when a
worksite gets involved -- and we work with people, individuals
throughout the community. We work with places, places meaning
work sites, as we're talking about today, schools, homeowners'
associations, faith-based organizations, groceries, and restaurants.
And when we work with a worksite, there is not a cost that needs
to be incurred. Work sites or any of the sectors that we work with get
a little booklet of best practices. They are evidence-based best
practices that -- that's one of the benefits of the project is we have a
national team at Health Ways. Actually under 100 people work in
Blue Zones projects throughout the country, not as many as was stated.
But we have a team that continuously researches best practices for
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moving well-being, lowering healthcare costs, increasing productivity
for employees, and increasing well-being for employees, plus we have
a local team of nine colleagues that help support that as well. So
there's no cost needed when a workplace gets involved in a project.
And I believe, Mr. McDaniel, that you had some questions that --
I don't want to use up all my time on that.
COMMISSIONER McDANIEL: Well, you can use up your
time, because when I get to talk, you get to go over.
MS. LOGAN: Okay. All right. Super.
And I would just say, you know, why not get involved in the
project? Again, we heard that, you know, there might not be a need for
it, but it's true, Karen Eastman and her team under Mr. Walker have
done a fantastic job with your well-being and your wellness programs
over the years.
Like other leaders in the community, Arthrex, NCH, the City of
Naples, London Bay Homes, there's many work sites that are doing
great wellness work, but why not, if you get a free resource that has
additional benefits, including what we call Well-being 5 -- it's an
analysis. It's kind of an HRA assessment of well-being for your
employees.
And we give it to companies free. We help analyze that data so
we can see where well-being is moving and where it's not and what
practices need to be implemented to increase that. So, perhaps, why
not join that effort when it's free?
In addition, you're looked at as a leader in this community. So I
think that by leading the way you help other businesses that maybe
don't even have a wellness coordinator consider doing this.
COMMISSIONER McDANIEL: I do have a couple of questions,
if I may.
CHAIRMAN TAYLOR: Yes. Go ahead.
COMMISSIONER McDANIEL: Is there a reason why there are
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-- there are no other hospital facilities in support or utilizing the Blue
Zone initiatives?
MS. LOGAN: You know, with our project, anybody can get
involved. Our service area is all of Collier County, Bonita, and Estero.
So it's a "we" project. It's really about everybody doing a little bit, and
we make a difference for generations to come.
So Physicians Regional, any physician, any provider can be
involved in this project.
COMMISSIONER McDANIEL: Okay. And then on the scoring
system, when I was reading through the information that was here,
what happens if we as a worksite project don't qualify or get all of the
attainable points? What happens? Is there --
MS. LOGAN: Sure. If at any point your worksite would choose
not to implement enough points to become recognized, it's not a
problem. You know, there isn't a bell that goes off and alerts the
community that -- something about the county. It's just that, you
know, you were working toward it. You probably benefited, anything
you added to your worksite, but there's no penalty, let me put it that
way, for not --
COMMISSIONER McDANIEL: I think when Leo supplied me
with the checklist of the points that we already do, we're somewhere
around 59, and with the "will dos" on that side of it, it will take us up
into 78 to 79. And that was one of the questions that I had was just
what happens if we don't make the point system, and is there a deduct
or penalty or something else, so...
MS. LOGAN: No, no penalties at all. It only benefits.
COMMISSIONER McDANIEL: Thank you.
COMMISSIONER FIALA: Could I ask a question?
CHAIRMAN TAYLOR: Of course.
COMMISSIONER FIALA: Okay. Thank you. Thanks for being
here, Deb. It's good to see you again.
March 28, 2017
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MS. LOGAN: Thank you. My pleasure.
COMMISSIONER FIALA: So one of the things that I think has
happened with the Blue Zone also is regardless of companies that join
or whatever, just John Q. Public all of a sudden is realizing maybe they
ought to be living a healthier lifestyle. They don't have to work at the
county or the hospital or anything. How would they get involved?
MS. LOGAN: Right. Individuals can get involved by coming to
one of our presentations. We have Live Longer Better presentations,
which is kind of one-on-one how do you live longer better. Two, they
can get involved with volunteering with the project and the many
things we do in the community.
They can get involved in a purpose workshop. We find that
purpose workshops are really helpful for people's well-being. Many
times in life we kind of lose that purpose. Maybe we lose a spouse or
our kids go off to college or whatever it may be -- we retire is a big
time, and so purpose workshops are a great way to start, you know,
getting involved that way.
The other way, they can champion the project. If they have a
faith-based organization, a homeowners' association, a club of some
kind that wants to implement best practices to improve well-being, be
part of the greater good to make a difference, all they have to do is
contact us, and we'll help them get involved.
COMMISSIONER FIALA: It doesn't cost them anything to go to
a workshop?
MS. LOGAN: No cost. Everything we do is free in the
community.
COMMISSIONER FIALA: Thank you.
MS. LOGAN: Thank you.
CHAIRMAN TAYLOR: All right.
MS. LOGAN: Thank you. Thank you very much.
MR. MILLER: Your next speaker is Allen Weiss. He'll be
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followed by Bree Fung.
DR. WEISS: Good morning. I'm Allen Weiss, president and
CEO of the NCH Healthcare System.
Thank you, Commissioners, for what you do for our community.
And I'd also like to thank Mr. Bracci for sharing the publicity that
we're getting internationally as being the healthiest and happiest
community in the nation for the second year in a row.
What wasn't mentioned, I'd like to add, is that we also have the
longest life expectancy in the nation. And the Kiplinger Letter has
designated this area as the best place to retire in the country in their
most recent publication. So we've gotten those accolades.
One correction, though, NCH is a 501(c)3. We're a not-for-profit
organization that's been here for 61 years, and our mission is to help
people live longer, happier, and healthier lives.
So I asked our board about two and a half, three years now -- the
board looks just like folks here in the room -- would you like to spend
the night in the hospital? And I ask the same question. Does anybody
here want to spend the night in the hospital? We could have a
one-night, two-day stay, you know, pick your own diagnostic tests, got
to include whatever. So you get the picture.
So our board had the same response you all did: Let's try and
keep people healthy. That is our mission.
So, also, in order to do our mission -- and our board tells me, a
14-member board tells me, take -- provide quality care, take care of
everyone, and make a modest profit.
We've all read about what's happening in Washington, and last
week was a pivotal week in terms of healthcare and so on. Healthcare
expenses are going up. The government and Medicare in this area, our
healthcare system, gets 59 percent of our revenue from Medicare, so
it's the biggest -- Medicaid is 9 percent. People who are -- self-pay are
about 9 percent; the rest are commercial.
March 28, 2017
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All the commercial and everyone else is following Medicare in
terms of paying for a capitated-type system. So for a hip replacement
right now or a knee replacement, we literally get one sum of money for
the whole operation, for the anesthesiologist, for the surgeon, for the
postoperative care, for the home care.
As we get more and more into this, in an effort to control the
healthcare costs, we'll get a capitated rate. So right now, across the
nation, the country's spending a little less than $10,000 per person per
year. So we'll get $10,000 for 320,000 people or 340,000 people here
in Collier County, whatever the number is, multiply it out, and if we
can keep those people healthier, we can do our mission, which is
helping people live longer, happier, healthier lives.
If we were a for-profit company, we would be taking the money
and putting it to other investors. But, really, we want to invest in the
county, be efficient and be smart, and that's really the motivation
behind this project, which is the same motivation of other healthcare
systems and insurers throughout the nation.
Happy to have any questions.
(No response.)
CHAIRMAN TAYLOR: Thank you very much.
COMMISSIONER McDANIEL: Thank you very much.
MR. MILLER: Your next speaker is Bree Fung. She'll be
followed by Adria Starkey.
COMMISSIONER McDANIEL: She's been very patiently
sitting in the back of the room.
MS. FUNG: Hi. Good morning. Again, my name is Bree Fung,
and I happen to be the worksite lead for the Blue Zones project.
And, again, everyone did such a wonderful job of explaining the
project a bit more, but I wanted to share that we do have currently 14
Blue Zones works sites approved, and that includes the Florida
Department of Health, Wyndemere Country Club, the Shelter for
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Abused Women and Children, Artis Naples, Moorings Park, the City
of Naples, of course, FineMark Bank, and examples of Naples
Botanical Garden, and also Arthrex of Naples.
So, again, I'm here to confirm that there's absolutely no additional
charge for a worksite to get involved, and they get to select from an
option of best practices where they really choose what would be best
for the worksite and culture.
I'm very happy -- I know Karen. I know she's very well
respected. Collier County's certainly well respected for their wellness
programs that they have and continue to do. So I would be extremely
honored to have you as part of the -- as part of the Blue Zones project
and really, by working together, we have an opportunity of really
working stronger to improve the well-being of our employees and our
community.
So thank you for your time.
MR. MILLER: Your final speaker on this item is Adria Starkey.
MS. STARKEY: Thank you, all. I'm Adria Starkey. I've lived in
Collier County for 30 years, and I'm also the president of FineMark
Bank. As she mentioned, FineMark is a Blue Zone -- I like to say we're
a Blue Zone certified organization.
This was really brought to me -- brought to my attention, of
course, from NCH, but then I reached out. We have 21 employees in
Collier County and, as a group, they took this on with a great passion.
And I have to tell you, it has built tremendous morale. It's been
wonderful. We take on -- all of us as a team take on many of the
things that Blue Zone brings forward, from a plant slant diet. Even
family members will now talk about plant slant diets, and there's just
nothing bad about what Blue Zone is doing. When we started this
project, we served cookies to our clients, and I was the first to say,
okay.
COMMISSIONER McDANIEL: And we miss the cookies.
March 28, 2017
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MS. STARKEY: No. We still have the cookies. Blue Zone does
not take away anything. They give you alternatives. So in addition to
our cookies, we have lovely nuts and fruit that we can also give to our
clients. Most of them still want the cookies, but they take the nuts as
well. So I think they like any free food.
But besides that, this has just been a great project all the way
around, and I would highly recommend for your employee morale,
well-being -- we have done so many positive things. And I, too,
looked at the list and said, how are we going to get all these things
done? And within a four-month period we had accomplished more
than the necessary tasks to be qualified with our necessary points. So I
highly recommend that the county take this on. It's for the good of all
and a great way to represent all the good that is in Collier County.
Thank you.
CHAIRMAN TAYLOR: County Manager, I do have a question.
So if -- no, County Manager. So if we pass this resolution, does that
mean we get cookies?
MR. CASALANGUIDA: Brownies.
COMMISSIONER SOLIS: Nuts.
COMMISSIONER FIALA: Or do we have to go to Adria's?
CHAIRMAN TAYLOR: Yes, yes. Len says yes.
MS. PRICE: I can make that happen. Cookies with nuts, fruit.
CHAIRMAN TAYLOR: All right. Any other discussion or --
COMMISSIONER McDANIEL: Just on the outside, I would
like to thank the board for indulging me for allowing to bring this
forward. There's a lot of consternation about governmental creep and
organizational creep and things along those lines, and I basically
wanted to bring this off the consent agenda and have this discussion so
that there could be a further education as to why and what we're doing
here as leaders in the community.
CHAIRMAN TAYLOR: Okay. I'd like to entertain a motion.
March 28, 2017
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COMMISSIONER SAUNDERS: I'll make that motion to
approve.
CHAIRMAN TAYLOR: Do I hear a second?
COMMISSIONER McDANIEL: I'll second it.
COMMISSIONER SOLIS: Second.
COMMISSIONER McDANIEL: Third it.
CHAIRMAN TAYLOR: We'll give it to Commissioner
McDaniel.
COMMISSIONER SOLIS: Yeah.
CHAIRMAN TAYLOR: All right. All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
MS. PRICE: Thank you.
Item #11C
AWARD INVITATION TO BID NO. 17-7092 TO DEC
CONTRACTING GROUP, THE LOWEST, QUALIFIED
RESPONSIVE BIDDER FOR THE EAGLE LAKES COMMUNITY
PARK AQUATIC CENTER, IN THE AMOUNT OF $9,230,657.63,
AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
CONTRACT – APPROVED
MR. OCHS: Commissioners, that moves us back to Item 11C,
and this is a recommendation to award an invitation to bid to Deck
March 28, 2017
Page 105
Contracting Group, the lowest qualified responsive bidder, for the
Eagle Lakes Community Park Aquatics Center in the amount of
$9,230,657.63; authorize the Chairman to execute the contracts and
also to approve all necessary budget amendments.
Mr. Williams can make a presentation or respond to questions by
the Board at the pleasure of the Board.
COMMISSIONER FIALA: I make a motion to approve.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER McDANIEL: Second for purposes of
discussion.
COMMISSIONER FIALA: Oh, do we have a speaker on this?
MR. MILLER: Yes, ma'am.
COMMISSIONER FIALA: Oh, I'm sorry.
MR. MILLER: You have one registered -- would you like the
speaker now?
CHAIRMAN TAYLOR: (Nods head.)
MR. MILLER: Phil Brougham.
COMMISSIONER McDANIEL: We know what he's going to
say.
MR. BROUGHAM: Good morning again, and I'm Phil
Brougham, and I am the vice chair of the Parks and Recreation
Advisory Committee.
I'm just here to pass out some congratulations, assuming this is
going to be approved to, number one, the process and the people
involved in the process that have brought this proposal for the Eagle
Lakes community pool forward over all these years.
Approximately one year ago to the day, Parks and Recreation
came before the Board of County Commissioners with a change order
request to a design consultant to the tune of $104,000, and that change
resulted from various reviews before the Parks and Recreation
Advisory Board and citizens that live in East Naples, et cetera, to
March 28, 2017
Page 106
modify what was then, I think, a 60 percent design of the original pool
concept.
The revisions cost us money to the tune of $104,000 and saved in
construction costs around $500,000, as I recall.
I want to personally congratulate Murdo Smith, who is also a
member of the advisory board, for working hand in glove on his own
time with the design consultants and Margaret Bishop from Facilities
Management to facilitate the design that we now have pending
construction.
If we -- if, geez. When we complete this pool, it's really going to
be a magnet for drawing people from the East Naples community to
the park. We've struggled a little bit with getting some attendance, but
when that pool goes in -- and if you haven't looked at the design of this
pool, please do so, because it's going to be a gem for this county, if not
for Lee County.
It will be a magnet. It will draw people from all quarters of East
Naples to that park, and then guess what we need to do. We need to
complete a master plan for the park and expand that community center,
and then we're done except for maintenance. Thank you very much.
And please approve this. Thanks.
MR. OCHS: Madam Chair?
CHAIRMAN TAYLOR: Yes.
MR. OCHS: Again, just to reiterate, the one reference that's not
in your written executive summary but needs to be added to the staff
recommendation is to approve the necessary budget amendments to
allocate the funds in the right project account. Thank you.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER FIALA: I'd love to just give a brief
background how we came to this point in time.
You know, we'd been wanting something for the kids in East
Naples, too. My biggest thing about getting kids into a park, which we
March 28, 2017
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haven't done successfully as far as the community center goes -- my
biggest thing is get them off the streets; get them into a healthy,
wholesome environment, and that's so important. And so we feel that
this pool will help.
Look, you know, we've got them in other parts of the county, and
that's a wonderful thing. Although our initial design, as I say, was a
large bathtub, and I was not real happy with that; 12 inches of water in
it is a nice, large bathtub, and that was going to be the pool we got.
I said, how could people swim in there? Well, they can't. Well,
then how come it's called a pool when you can't swim? Let me just
say, fast forward. I had a town hall meeting with about 300 people
there, I would say, right? And one of the major things we learned, the
school, Lely Resort -- I mean, Lely High School came in, and they said
they have to transport all their swim team out to other places, to
Golden Gate is where they transport them.
But they said they would really love to have a place for their
swim team to practice. Their swim team has been outstanding, by the
way. And that was one thing.
And then a lady in -- an elderly lady in the audience said, well, we
would like to have a place to exercise, too. There's a lot of mobile
home -- 55-and-older mobile home parks in there, and she said, we'd
like to have exercise classes and a place to congregate and so forth.
So the plan began to change into something that would really be a
great park asset not only to the elderly, not only to the swim teams, but
also to the kids. And so what you see is a lot of work by a lot of
people bringing it around to be a good design.
And I want to thank everybody who's been involved with this to
make it what it will become now.
So, anyway, thank you with that. That's, of course, why I made a
motion to approve.
CHAIRMAN TAYLOR: And do we have a second?
March 28, 2017
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COMMISSIONER McDANIEL: Oh, yeah. I already seconded
it. I already have my light up.
CHAIRMAN TAYLOR: All right.
COMMISSIONER McDANIEL: My light's on.
CHAIRMAN TAYLOR: Okay. Is that for your second, or are
you going to talk us out of it?
COMMISSIONER McDANIEL: It's -- no, I'm not going to talk
us out of it. I have something I'd like to say, Madam Chair, if I may.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER McDANIEL: I would like to -- just as a point
of discussion -- because it's been raised here several times today.
We've talked about a lot of heated subjects along the way, the
150-some-odd million dollars in latent maintenance and capital
expense that our community, in fact, is staring at, the 80- to a $100
million recreational sports facility we're talking about.
It's important for our -- for our county residents to understand
these projects come from individual revenue sources throughout our
community. The parks construction monies come from impact fee
revenue. I know there's a lot of folks that are discontented with the
fact -- I've received a lot of emails from folks that live in Eastern
Collier County; how can you be spending $100 million on an amateur
recreational facility when we haven't even got our park built at Big
Corkscrew Regional? And so on.
And I've listened to Commissioner Fiala talk regularly about the
lack of the swimming pool facilities for the park in East Naples. And I
think it's important that folks understand that the revenue sources come
from different areas. The recreational facility we've been talking about
this morning at length comes from TDT tax. In fact, if we go through
that process and a bonding instrument -- now, the maintenance of that
facility, which is what I talked about from a sustainability, will have to
come from ad valorem as well.
March 28, 2017
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The construction of our parks are on a priority basis with regard
to the expenditure of our impact fee funds. And I want to assure the
folks in Eastern Collier County that our Big Corkscrew Regional Park
is queued up. We let the contract for the design and engineering and
architecture, I believe, in January, $3.6 million. That project is moving
as quickly as is physically possible through the process and set up for
funding next year and construction in the latter part, early part of
'18/'19 -- or excuse me -- '19/'20 is when it should be -- that facility
should be, in fact, open.
So I just -- I wanted to share that, because not everybody
understands the interworkings and hidden mechanisms of our
government systems and the funding sources as to where these projects
are necessarily in the priority line. Our community has suffered for --
as we all have, but has suffered for quite some time with the economic
downturn.
I know our revenue streams back in the early 2000s from an
impact fee standpoint were upwards of 100 -- in excess of $100 million
on an annual basis and have gotten as low as down in the 20- and $30
million range, and currently we're riding at about 40-. And that has a
direct impact on where and when and what we can do with the
construction of these needed facilities, the construction of the
swimming pool for the park in East Naples as well.
So that was the comment, Madam Chair, that I wanted to make.
It's just -- I've been getting a lot of information flowing at me, and I
wanted just to share with folks that everything in our community is, in
fact, important. It's a matter of our prioritization as we're moving
through the processes as to what gets done and what doesn't.
CHAIRMAN TAYLOR: Thank you.
We have a motion on the floor and a second. All those in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
March 28, 2017
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CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you very
much.
COMMISSIONER McDANIEL: And I didn't talk us out of it,
did I?
COMMISSIONER FIALA: You just talk.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes us to Item 15 on this
morning's agenda: Staff and commission general communications.
Commissioners, I just wanted to let you see that we've locked
down the date for the joint meeting with the Marco Island City
Council. You see that will be on May 11th at 9 a.m., and then
afternoon, as the Board had previously authorized, we'll have the
updated -- or the workshop update on the eastern county master
planning initiatives that are going on.
And you have your CRA/BCC workshop on April 4th, again, 9
a.m., not in the afternoon. That will allow those of you that are heading
up to Tallahassee for the FAC legislative day the next day to get there
on time hopefully.
COMMISSIONER FIALA: How many of us are going up there?
MR. OCHS: I think we've got three or four at this point, yeah.
Four, I think.
COMMISSIONER FIALA: We're all heading up there Tuesday,
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eh? Uh-huh.
CHAIRMAN TAYLOR: Which means it's going to be a quick --
the workshop. You're driving, right?
COMMISSIONER FIALA: Well, I'm staying -- yeah, I'm
driving up with the County Attorney, and we'll leave on -- we stay for
the entire thing and go to all of their -- you know, all of their
workshops, and then they make arrangements for us to meet with all of
the different legislators so we get to talk with each one. So we'll be
there for everything.
I think we leave about noon on Friday, right, Jeff?
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER FIALA: Okay, thank you.
MR. OCHS: Commissioners, the only other thing I had just to
raise briefly with you is a matter of protocol on the agenda. The prior
board had determined that they wanted to set the public hearing items
for no-sooner-than times in the afternoon of the meetings, and as we
work through these agendas every two weeks, many times we don't
have an agenda that takes us into the afternoon.
And, you know, I normally note it by exception every meeting on
the change sheet. I can continue to do that. I'm just asking if there's
any interest on the Board in having me potentially remove those
designated times for those public hearing items and just not create a
designated time, just allow those to come, you know, naturally on the
agenda.
I know I spoke to the County Attorney about it at one point. You
know, because it creates some expectations sometimes on the
applicant's part, and then we're scrambling around calling as many
people as we can if we think we're going to have an early conclusion to
the meeting.
CHAIRMAN TAYLOR: Commissioner Fiala? She's -- I'm going
to turn to you, because, you know, you've lived under it in many ways.
March 28, 2017
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COMMISSIONER FIALA: I think that when we know that it's
an item that will draw a large audience, we would probably want to put
it in the afternoon after we dispense with a lot of other things on our
agenda. If we find it's a short subject, you know, like the swimming
pool, for instance, that was simple and sweet then, you know, we could
put it in the morning. So in other words, that would be, then, left up to
you --
CHAIRMAN TAYLOR: Discretion.
COMMISSIONER FIALA: -- and the Chairman for, you know,
planning where it would be, because we get the word out enough
anyway, I would believe, for everybody to be here.
COMMISSIONER McDANIEL: I just had a question, if I may.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: County Manager, are you
talking about eliminating the time-certain items at all?
MR. OCHS: No. Sir, what I'm suggesting is that on Items 8 and
9 on your agenda, every time we have this little note that the items will
not -- will be heard no sooner than, in this case, for Item 8, 1:30, and
the same with No. 9. I'm just saying, if I take that off the index and, as
Commissioner Fiala mentioned, work with the Chair to -- if there's a
need for time-certain on a public hearing item, we'll set that, you know,
well in advance, but we don't have to necessarily wait till 1:30 every
time or make a note on the change sheet that we're going to move at a
different time.
COMMISSIONER SAUNDERS: Yeah. That makes sense. It
gives staff and the Chairman flexibility to set times, if necessary.
COMMISSIONER McDANIEL: Sure. And we're still affording
the time-certainty aspect for folks that do want to come and all, so...
MR. OCHS: Yeah, absolutely. Whenever I get a request for
time-certain, I just consult with the Chair on the Wednesday afternoon
before we set the agenda that Wednesday night to go to public.
March 28, 2017
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COMMISSIONER SOLIS: That's fine with me.
MR. OCHS: Okay. The other one related to that is your public
comments on general topics. We've had that, as you can see, under
Item 7 there to be heard no sooner than 1 p.m. unless otherwise noted.
That one's always a little trickier. The boards have -- they couldn't
decide if they wanted to take that early in the morning or at the end of
the meeting, and they kind of compromised and said, we'll take it right
after lunch.
That one -- I don't know if you have any feeling as a board on
whether you want to just leave that the way it is. And we can continue
to deal with that by exception on the change sheet.
CHAIRMAN TAYLOR: I see no reason of leaving it there, do
you?
COMMISSIONER McDANIEL: No.
CHAIRMAN TAYLOR: Let's just treat them both equally.
MR. OCHS: That's fine.
CHAIRMAN TAYLOR: Remove it.
MR. OCHS: And then we'll just take that in the order that it
comes on the agenda?
CHAIRMAN TAYLOR: Yep.
MR. OCHS: Very good. Thank you. That's all I had, Madam
Chair.
CHAIRMAN TAYLOR: Unless, of course, we change our mind.
MR. OCHS: Of course. You're the Chair.
COMMISSIONER FIALA: A little levity there?
COMMISSIONER McDANIEL: Lots of it.
MR. KLATZKOW: Nothing, ma'am.
CHAIRMAN TAYLOR: Nothing?
MR. MILLER: Nothing for me, thank you.
CHAIRMAN TAYLOR: Ms. Kinzel?
MS. KINZEL: No, thank you.
March 28, 2017
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CHAIRMAN TAYLOR: Commissioner McDaniel?
COMMISSIONER McDANIEL: Yes. And if I quit talking so
much, maybe we would get done a little quicker, as Commissioner
Fiala reminds me.
COMMISSIONER FIALA: No. I was saying gently.
COMMISSIONER McDANIEL: I know. You were gently
saying, you need to be quiet.
And speaking of agendas and that sort of -- I got a request from
somebody, and it had to do with the discussion we had this morning.
Do we -- do we as a board want to have a look at maybe adopting an
ordinance for sensitive land use requests to be within a certain time
frame of the year, similar to what we did with the folks on the golf
course request? Yes? No? Maybe?
MR. CASALANGUIDA: I think your staff's already looking at
that, sir.
COMMISSIONER McDANIEL: Oh, the staff's already looking
at that.
MR. CASALANGUIDA: It's part of one of the LDC
amendments that Commissioner Fiala brought up that for all NIMs, or
Neighborhood Information Meetings, where the public would be
involved to be reached out --
COMMISSIONER McDANIEL: Yeah. I'm talking about board
meetings where the actual item is coming before us. That's what I'm
talking about. You know, we designated that they weren't going to be
able to have a public hearing on it except for between November and
April, I think, was what Commissioner Saunders specified, if I'm not
mistaken. And I just wanted to know if that's something we wanted to
talk about because they're -- you know, we do have a large population
that only visits -- or that is only here in the wintertime and leaves in the
summer and maybe couldn't participate on an off-season public
hearing.
March 28, 2017
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CHAIRMAN TAYLOR: Perhaps we should hear from our two
land use attorneys about the expense entailed in doing something like
that.
COMMISSIONER McDANIEL: Well -- and it has priority rights
as well, because, I mean, can we set that kind of a -- you know, it could
be a burden on the sector that's looking for the change, and that's an
issue with me as well.
COMMISSIONER SOLIS: I mean, it would really limit our
ability to handle any kind of land use applications, because there's
always some, you know, preserve issue somewhere involved in
anything. We'd only be able to take care of those within the season.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SOLIS: I think that would be an
extraordinary burden to put on landowners.
COMMISSIONER SAUNDERS: I would agree. And I think the
golf course thing is really a unique circumstance.
COMMISSIONER McDANIEL: Got it. I'm in. And I was
asked, so I'm asking, and so I'm all -- we have asked.
I do have one happy in that -- not one happy. I have many
happies, but I was honored to be the ribbon cutter at the Publix. And
after our adventure for taking on the utility, the Publix in Eastern
Collier County at Randall and Immokalee is now opening, and I'm
actually getting a lot of compliments.
COMMISSIONER SAUNDERS: Did you consume any
beverage or food that cost more than $4?
MR. KLATZKOW: Say no.
COMMISSIONER McDANIEL: Nor did I receive any gifts.
CHAIRMAN TAYLOR: Wait a minute. But if you go to a
function, you can consume more, because there's a per diem. Oh, yes.
It's in there. Anyway. Is that it?
COMMISSIONER McDANIEL: Yes, ma'am. That's all.
March 28, 2017
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CHAIRMAN TAYLOR: Yes. Commissioner Fiala.
COMMISSIONER FIALA: Yes. On our subject on the Racetrac
gas station, I'm sorry I didn't say anything earlier. I thought we would
discuss that to accept that they wanted to postpone it or --
CHAIRMAN TAYLOR: We did.
COMMISSIONER FIALA: -- continue it, and what I wanted to
do was, as long as it's continued to May -- but I have to have this --
well, everybody knows I have to have my knee replaced, right? And
I've been putting it off until after May 11th because I figure we have to
meet with Marco Island. First I was going to do it the first of May, but
now I'm going to after May 11th.
But now I'm going to have this knee surgery, and I'm not going to
be here, and I don't want to do that. I don't want this thing --
CHAIRMAN TAYLOR: You can call in.
COMMISSIONER FIALA: As long as we can --
CHAIRMAN TAYLOR: You can call in.
COMMISSIONER FIALA: No. What I want to do is I want to
continue it till October when all of the people are back. What do you
say about that?
CHAIRMAN TAYLOR: I don't -- I don't --
COMMISSIONER SAUNDERS: Jeff's sort of frowning there a
little bit.
MR. KLATZKOW: No. I'm just -- I mean, it's been the applicant
that's asked for the last couple of continuances that's put us in this
position.
COMMISSIONER SAUNDERS: Do they need four -- they need
a supermajority vote?
COMMISSIONER McDANIEL: They do.
MR. KLATZKOW: No.
COMMISSIONER SAUNDERS: No, okay.
CHAIRMAN TAYLOR: But, I mean --
March 28, 2017
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COMMISSIONER McDANIEL: Don't they need a
supermajority?
COMMISSIONER SAUNDERS: It's not a zone change. It's just
a --
MR. KLATZKOW: It's not a zoning change.
MR. OCHS: It's distance waiver, yeah.
COMMISSIONER McDANIEL: Oh, it's a distance waiver. I
gotcha.
COMMISSIONER FIALA: So it could end up a 2-2 vote if I'm
not here.
CHAIRMAN TAYLOR: Well, we'd want -- but, again, you
could call in.
COMMISSIONER FIALA: Yeah, but I don't see why we can't
just continue it until October, I mean, as long as it's been held up this
long. And then the people that might be here -- or might be gone in the
summer will be back for this.
CHAIRMAN TAYLOR: Yeah, I've heard -- I have had a couple
residents suggest that.
COMMISSIONER FIALA: Oh, good. Oh, good.
CHAIRMAN TAYLOR: I guess what we could do is just ask
staff to contact the landowner or the attorney to see, to --
COMMISSIONER FIALA: Well, they're going to say no. Why
don't we just make a decision here?
COMMISSIONER SAUNDERS: I think that might be
problematic because they're not here, and we're making a decision that
affects their application without any notice. I'm not sure if that's a
good way to go or not.
MR. KLATZKOW: They've asked for the continuance. I mean,
you know, Commissioner Fiala is asking, okay, if they're going to
continue it, I've got a problem with that continuance, and she's asking
for --
March 28, 2017
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COMMISSIONER SAUNDERS: If you don't have a problem
with that...
MR. KLATZKOW: Listen, all of my years in practicing
litigation, I mean, I've had a judge say, well, if you can't do it then,
you've got to wait six months. It has been commonplace for me.
COMMISSIONER SAUNDERS: I have no problem with it
being continued till October as long as the County Attorney says --
COMMISSIONER SOLIS: I would just make a suggestion that
maybe we try the voluntary avenue first, and then if there is a refusal to
continue it to October, then we can notice that and we can have it on
an agenda and we can make a decision. I think that would be fair.
CHAIRMAN TAYLOR: And do it quickly at our next meeting.
COMMISSIONER SOLIS: Yeah, at our next meeting.
COMMISSIONER FIALA: Can that be done? If they refuse,
then we --
MR. KLATZKOW: The applicant doesn't set the timing when
something comes to the Board. That's something the County Manager
works out with the Chair. And it is the applicant who's saying that,
gee, golly, willickers, I'm in trial so we've got to kick this over again
that's led us to this predicament. So I don't have a concern if, because
Commissioner Fiala can't be here, and this has been an important issue
to her, to move it to October. I mean, the applicant's created the issue.
COMMISSIONER SOLIS: Sure, sure. You know, you don't
have a lot of meetings after May anyway; you just don't.
CHAIRMAN TAYLOR: Three.
COMMISSIONER SAUNDERS: Well, why don't we just go
ahead and direct the County Attorney to, as Commissioner Fiala said,
contact the applicant and indicate that we'll do this in October because
of her --
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: -- surgery.
March 28, 2017
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COMMISSIONER FIALA: Yeah.
MR. KLATZKOW: That's fine.
CHAIRMAN TAYLOR: All right. Good.
COMMISSIONER McDANIEL: I like that, too.
COMMISSIONER FIALA: Okay, good. Thank you.
CHAIRMAN TAYLOR: Is that it?
COMMISSIONER FIALA: Yeah, that's it for me.
CHAIRMAN TAYLOR: Okay. Commissioner Solis.
COMMISSIONER SOLIS: I've got something I'd like to bring
up that -- we saw the effects of it today with Carlos Ruiz this morning,
and that's just one aspect of what we're doing in Collier County with
regard to mental-health issues.
The last few months I've spent meeting with -- I met with Judge
Martin, I've met with the folks at the David Lawrence Center, I've met
with the Sheriff's Department to try to understand and have a big
picture of what all is involved in, you know, mental health and how we
deal with mental-health issues in Collier County.
And one of the things that has surprised me is how much
interaction between all of the stakeholders, so to speak, in that area.
There is -- that I certainly didn't understand. You know, the David
Lawrence Center and NOMI, working with the Sheriff's Department.
It goes to how much -- how often we use our jail, as Commissioner
McDaniel has brought up several times, as a mental-health facility. I
think even Mr. Ruiz mentioned that he ended up there when it really
wasn't, obviously, a criminal issue. It was a mental-health issue.
And one of the things that was helpful to me was to understand
how they are really working together and that we, as a county -- you
know, we do support the David Lawrence Center in some respect and,
in some minor way, some of the other organizations. I think that the
Board would benefit from a workshop to have everyone come together
and explain how all this is working or not working in Collier County.
March 28, 2017
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How could we be more fiscally responsible in how we deal with these
things?
I mean, obviously, I don't think there's any argument that using
our jail as a mental-health facility is less expensive than dealing with
mental-health issues in another way, as a mental-health issue.
So I would like to propose to have at least a half-day workshop if
not a -- no, a half-day workshop to bring all the parties together,
understand where we can do better, because one of the things that also
surprised me is although all of these entities are coming before us or
other governmental agencies asking for funding and things, I think
they all have a consensus as to where we need to make a difference,
which is surprising to me that, you know -- because they all do their
own kind of a thing, but there's some consensus, I think, that we could
do better without necessarily spending more money, just doing better
in certain areas.
And I would like to have an opportunity to have them come and
present that so that we as a board -- because I don't know that a board's
ever had that kind of a presentation. It's usually the David Lawrence
Center asks for funding, somebody else asks for funding, and there's no
-- I don't think we've been presented the 10,000-foot view of what
we're doing or not doing.
So I would like the Board to entertain scheduling a workshop to
at least understand as, you know, the leaders of the county what we're
doing or not doing, what we could do better.
COMMISSIONER McDANIEL: And I'd like to really, if I could,
help you work with the -- on the agenda for that as well just so we
have some pointed items. You know, I was -- I was actually appointed
to serve on the Public Safety Commission with the Sheriff and the
folks from the judicial system as well, and funding sources -- and you
know there's an architect that's talking around -- that's coming around
and talking to us about the enhancements to the jail and the requisites
March 28, 2017
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thereof, and I'd like to help with that workshop if I can.
COMMISSIONER SOLIS: Certainly, as long as that doesn't
create an issue with --
CHAIRMAN TAYLOR: I think there's a Sunshine issue.
COMMISSIONER SOLIS: If there's a Sunshine. I mean,
obviously --
COMMISSIONER McDANIEL: Developing an agenda for our
workshop?
COMMISSIONER SOLIS: I mean, you can -- I think you can
certainly put things on the -- request things be on the agenda, right?
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER SOLIS: I mean, that's what we're talking
about.
COMMISSIONER McDANIEL: Work through the County
Manager to do it. I wasn't --
COMMISSIONER FIALA: Are you trying -- are you
mentioning, like, extra funding for different agencies who work with
mental-health issues?
COMMISSIONER SOLIS: Maybe and maybe not. Maybe it's
just changing how we're funding things or maybe using the money that
we have in a better way in a different place. I mean, for example,
there's also the veterans' court, but there's also the drug court. Is
everybody familiar with the drug court?
COMMISSIONER FIALA: Yes. I've been there.
COMMISSIONER SOLIS: I mean, it's making a huge
difference. There was an item on our consent agenda for an
application for a grant for the drug court. You know, things like that, I
think if we had a comprehensive understanding of all of the moving
pieces that -- our work in that area, that we could make sure that we're
doing the best we can and the most that we can out of what we have.
That's really my idea.
March 28, 2017
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COMMISSIONER FIALA: I think that's so admirable; really, I
do.
One of the things we need to be careful of, though, is I would
guess that most every not-for-profit agency will contend that their
agency also deals with mental health in one way or another, and I don't
care who it is, you know, whether it be low income, whether it be
veterans, whether it be children's agencies, whether it be Shelter for
Abused Women, whether it be homeless; all of a sudden we're getting
into a whole field of mental health, and then all of a sudden everybody
wants to come to the taxpayers to fund their agency.
COMMISSIONER SOLIS: And I am not suggesting that.
COMMISSIONER FIALA: Okay.
COMMISSIONER SOLIS: But you're right that it's a big thing,
and I think it's incumbent upon us to see the whole picture. And I'm
not suggesting that we're going to fund every -- that we should fund
every nonprofit. I think the only one that we provide any funding for,
because we have to by statute, is the David Lawrence Center.
So I'm not suggesting that. I'm suggesting that we need to look at
-- we need to understand the big picture to make sure that whatever
we're doing or whatever leadership we're providing to the community
in that regard is the best that it can be.
COMMISSIONER McDANIEL: I like it.
COMMISSIONER SOLIS: That's my suggestion.
CHAIRMAN TAYLOR: Thank you.
COMMISSIONER SOLIS: So can we -- we can --
MR. OCHS: Right now your next available date is your June
workshop date. I can work towards that date with all of you if you'd
like.
COMMISSIONER FIALA: That's, like, the first Tuesday in
June?
MR. OCHS: First Tuesday in June.
March 28, 2017
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COMMISSIONER FIALA: I should be back by then.
CHAIRMAN TAYLOR: It's a quieter time.
COMMISSIONER FIALA: They put me in a rehab place.
COMMISSIONER SOLIS: They get you up and walking around,
I think.
CHAIRMAN TAYLOR: Right away.
COMMISSIONER FIALA: Yeah. See, I'm allergic to pain
medication, so I have to go to a -- the Arlington. Oh, how terrible that
will be.
COMMISSIONER SOLIS: Okay. Well, thank you. Thank you
for the time, Madam Chair.
CHAIRMAN TAYLOR: You're welcome.
All right. Commissioner Saunders.
COMMISSIONER SAUNDERS: Two quick items. There was
an interesting article in the Naples Daily News dealing with some
property that was pieced together by a gentleman named Bob Gore,
who passed away recently, to have a nature preserve. The
Conversation Collier Committee took a look at this property back in, I
think, 2007, and it was not recommended for acquisition.
I'd like to have staff just get this to the committee. Maybe they
could take another look at it. It sounded interesting, and maybe things
have changed. If not, that's fine. But I just thought it was worth
getting that to the committee to explore that. And I'll give the County
Manager the article with the --
MR. OCHS: Yeah. I have it, sir. Thank you.
COMMISSIONER SAUNDERS: Oh, do you? Okay.
And the second thing is, I did meet with Senator Passidomo last
week concerning Senate Bill 1158. She agreed to pull that bill. That
will not be pursued during this session.
She would like to have conversations concerning how to, perhaps,
fix this -- that issue for next year, but for this year it's a dead issue.
March 28, 2017
Page 124
COMMISSIONER FIALA: Thank you for doing that.
COMMISSIONER SAUNDERS: Certainly. And House Bill 17,
which is an equally curious bill in terms of what it does to --
COMMISSIONER McDANIEL: Curious.
COMMISSIONER SAUNDERS: -- local home rule authority,
that bill -- I did talk to the leadership over in the Senate, and there's no
appetite in the Senate to even consider that. That bill has no
companion. That bill will die as well. So those two issues are gone for
the session. And I just want to thank Kathleen Passidomo for listening
and taking some positive steps in that direction.
COMMISSIONER McDANIEL: Absolutely.
CHAIRMAN TAYLOR: All right. I've just got a couple of
things. The -- it is my understanding that the ban for fracking is stalled
in the House, the concept of moving it forward. And the leadership in
the House have said that they don't want it to get out of committee, it's
my understanding. And, Commissioner Saunders, if I'm using the
right terminology -- or not the right terminology --
COMMISSIONER SAUNDERS: Yeah. I'm going to be up there
this evening, and I'll snoop around a little bit and find out what's
happening over in the House side. The Senate really is moving that
statewide ban along. So I think -- you know, my understanding is that
there's some momentum behind that, but I'll check and let the manager
know.
CHAIRMAN TAYLOR: I believe there is momentum in the
Senate but there's not in the House. In fact, they're trying to derail it by
not allowing it to go forward to a vote.
So I guess within the House itself. And I -- I mean, we certainly
can wait for Commissioner Saunders' report, but I would like to see if
there's any interest in this commission sending a letter. You would --
you know, it would be from you -- I would be the Chair signing it --
just urging the leadership to allow this fracking issue to be discussed
March 28, 2017
Page 125
and either voted up or voted down in the House.
COMMISSIONER SAUNDERS: I certainly have no problem
with the letter.
COMMISSIONER FIALA: What?
COMMISSIONER SAUNDERS: Nobody will pay any attention
to it over in the House, but we can certainly send it.
CHAIRMAN TAYLOR: Okay.
COMMISSIONER FIALA: You know, I don't know -- if nobody
pays attention to it, I don't know if you want to or not but, you know,
you can.
CHAIRMAN TAYLOR: Yeah.
COMMISSIONER SAUNDERS: Sure.
CHAIRMAN TAYLOR: We are ground zero for fracking, this
county is.
COMMISSIONER FIALA: I know we are.
CHAIRMAN TAYLOR: And we have kind of sidestepped it this
term. And, you know, again, it's -- I'm not advocating that we go and,
you know, support the ban. I just want to have the ability to have the
House to be able to hear it.
COMMISSIONER SAUNDERS: If you could -- if the
Commission agrees to have you draft the letter, if you'll have -- if
you'll draft it and have the staff send it to me via email, and I'll give
you my -- my personal email, not on my state email, because I won't
have access to that -- then I'll print it and hand deliver it to the folks
that need to see it.
CHAIRMAN TAYLOR: Oh, that's wonderful.
COMMISSIONER FIALA: Will -- County Attorney, will
Commissioner Saunders be able to, then, communicate to us by
one-way communication what his findings were in Tallahassee?
MR. KLATZKOW: Sure.
COMMISSIONER FIALA: Okay, good.
March 28, 2017
Page 126
CHAIRMAN TAYLOR: All right.
COMMISSIONER FIALA: Good. That will help us.
CHAIRMAN TAYLOR: So do you agree?
COMMISSIONER FIALA: Yeah.
COMMISSIONER SAUNDERS: Jeff, you have my personal
email?
COMMISSIONER SOLIS: Can you -- you have to tell us that on
the microphone.
COMMISSIONER McDANIEL: Put that right on the record.
COMMISSIONER SOLIS: And your home address.
CHAIRMAN TAYLOR: And your address -- and your home
address and your bank -- where you bank.
MR. KLATZKOW: Bsaunders@gmail.com, right?
COMMISSIONER SAUNDERS: I've got Mr. Solis' cell phone
number, if you'd like to have that as well.
CHAIRMAN TAYLOR: Commissioner McDaniel, we didn't
hear from you.
COMMISSIONER McDANIEL: Yes, you did.
CHAIRMAN TAYLOR: Yes?
COMMISSIONER McDANIEL: Yes, ma'am. I was first.
CHAIRMAN TAYLOR: Oh, good.
All right. On April the 11th there's wonderful news that our own
Dr. Savarese Severise has received the grant from NOAA.
COMMISSIONER McDANIEL: Oh, outstanding.
CHAIRMAN TAYLOR: Dr. Peter Shang, who's the University
of Florida, will be the lead. Dr. Savarese is kind of boots on the
ground. And I think it would be an opportunity, if my Commission
agrees, to bring him here on the afternoon at 1 o'clock on April the
11th and then to hear from our hardworking Coastal Advisory
Committee who have a concept for beach resiliency. So if that's an
agreement, we'll do that on the 11th.
March 28, 2017
Page 127
COMMISSIONER SOLIS: Sure.
CHAIRMAN TAYLOR: Okay. We have an outstanding former
employee that Commissioner Fiala knows a lot about because she was
sitting up here, and that's Norm Feder. And right now there's a
vacancy on the Florida Transportation Committee for a representative,
and Collier County -- and Nick can speak much more eloquently to
this than I can. But there's -- we've never had a Collier County
representative up there.
MR. CASALANGUIDA: Sure. The Florida Transportation
Commission, right now, is seated predominantly from folks on the East
Coast along the I-4 corridor.
They review all the district work plans that come through, and
they make a recommendation for approval to the governor's office. So
getting someone from Southwest Florida on their Transportation
Commission to kind of lobby and make recommendations that, you
know, our fair share and projects get done in Southwest Florida as
well, too, is a great opportunity, and Norman, coming with a planning
degree and background and working for the state, I think he'd be a
great addition to that commission.
COMMISSIONER McDANIEL: Will he do it?
CHAIRMAN TAYLOR: Yes.
MR. CASALANGUIDA: He's very interested.
COMMISSIONER McDANIEL: Outstanding.
CHAIRMAN TAYLOR: So, again, there has to be a letter of
recommendation, and if you are okay -- and I think Nick will work
with us.
COMMISSIONER FIALA: Absolutely, absolutely. And he'll
have something to say with the allocation of dollars. We're usually --
CHAIRMAN TAYLOR: Uh-huh.
COMMISSIONER FIALA: -- the least of the recipients, to put it
plainly.
March 28, 2017
Page 128
MR. CASALANGUIDA: Yeah. We've done well in the last two
years, and things are getting better, so -- but he will have a say going
forward in all the work programs, and he can keep an eye on what's
going on.
COMMISSIONER FIALA: That's just great.
COMMISSIONER SOLIS: I wonder if we couldn't ask others in
the community to help him with letters of recommendation. Would
that be --
CHAIRMAN TAYLOR: Yes, leadership -- yes, absolutely, but --
COMMISSIONER FIALA: That's a good idea.
COMMISSIONER SOLIS: Congressman Balart, those kind of
people, yeah.
COMMISSIONER FIALA: Yeah. It would be nice to have one
of our own.
MR. OCHS: You have the president of the chamber here. I'm
sure he can rally the --
CHAIRMAN TAYLOR: Good. And so, finally, he doesn't know
I'm going to do this, but I'd like David Wilkison to come up, please.
COMMISSIONER FIALA: His face is already getting red.
CHAIRMAN TAYLOR: We can't help the fact that he's a
graduate from the University of Florida, of course.
COMMISSIONER SAUNDERS: Well, you're welcome, even
though you are a University of Florida graduate.
CHAIRMAN TAYLOR: I just -- I just -- and I think I speak for
everyone here, but I haven't talked to them, so I'm going to let them
come in. I just want to thank you. It's been such a pleasure getting to
know you and to working with you, and there's no doubt in my mind
why you were hired, because you're so good at what you do. And
you've touched this community in so many ways, really, because
you're right there at Growth Management, and you touch everybody.
And from executives to the public, you've just -- you've got that --
March 28, 2017
Page 129
you just did it so well. And you're so competent, and I wish you great,
great luck and great good fortune going forward. Thank you.
MR. WILKISON: Well, thank you. For the record, David
Wilkison, your Growth Management Department head for, I think,
four more days.
I just wanted to say thank you for the opportunity you gave me
and thank you for the courtesy that you extended to me.
It was a great honor and privilege to lead the Growth
Management Department, and I can tell you my successor will inherit
a department that is filled with some really talented, professional, and
hard-working people. And I feel really good about that leaving.
And, you know, I lived in Collier County a long time. I think I
came to Immokalee when I was two years old and lived or worked in
Collier County for many, many years, and I see that it's in great hands,
and I know that you'll find an able successor.
And, once again, I thank you for the opportunity. I'd like to thank
the County Manager and the Deputy County Manager also and all the
other folks in the county for just being great to me. It was a great
honor. Thank you.
COMMISSIONER SOLIS: Well -- and I would just add that I
think the change in the relationship, I think, between the business
community and the department has changed fundamentally, and it's a
large part because of the way you've led it. So thank you again for
everything that you did.
(Applause.)
CHAIRMAN TAYLOR: So that's all I have. And if there's
nothing more, I think -- thank you very much, Terri. It's 12:40.
Appreciate your sticking with us, and we are adjourned.
*****
March 28, 2017
Page 130
**** Commissioner McDaniel moved, seconded by Commissioner
Solis and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
RECORDING THE FINAL PLAT OF THE RANCH AT ORANGE
BLOSSOM PHASE 2A, (APPLICATION NO. PL20150002151)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY. THIS IS A
COMPANION TO AGENDA ITEM #17C, (VACATION OF
EASEMENTS) AND BOTH ITEMS MUST BE APPROVED OR
BOTH ITEMS WILL BE DENIED – W/STIPULATIONS
Item #16A2
AWARDING AGREEMENT #15-6471 FOR DESIGN SERVICES
FOR LOCAL AGENCY PROGRAM (LAP) FUNDED PROJECTS
TO JOHNSON ENGINEERING, INC. FOR "ENGINEERING &
DESIGN SERVICES FOR LAP FUNDED PROJECTS." GROWTH
MANAGEMENT GRANT FUND 711 – STAFF AND JOHNSON
ENGINEERING, INC., NEGOTIATED THE CONSULTANT’S
PERSONNEL HOURLY RATES (SCHEDULE B), SUBJECT TO
BOARD APPROVAL, FOR ENGINEERING & DESIGN
SERVICES FOR TWELVE (12) FDOT LAP PROJECTS LISTED
IN EXHIBIT D OF THE CONTRACT
Item #16A3
March 28, 2017
Page 131
RESOLUTION 2017-43: AMENDING THE COLLIER COUNTY
GROWTH MANAGEMENT DEPARTMENT/PLANNING AND
REGULATION FEE SCHEDULE WITH AN EFFECTIVE DATE
OF JULY 1, 2017, TO INCLUDE TWO NEW FEES FOR TWO
NEW APPLICATIONS TITLED “INTENT TO CONVERT” AND
“COMPATIBILITY DESIGN REVIEW.” THE APPLICATIONS
ARE IN ACCORDANCE WITH LAND DEVELOPMENT CODE
AMENDMENTS WITHIN THE 2016 LAND DEVELOPMENT
CODE AMENDMENT CYCLE THAT ESTABLISHES A NEW
PROCESS FOR THE CONVERSION OF GOLF COURSES TO A
DIFFERENT LAND USE. (THIS IS A COMPANION ITEM TO
AGENDA ITEMS #9A AND #16A15)
Item #16A4
RESOLUTION 2017-44: AUTHORIZING THE CHAIRMAN TO
EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION IN
WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO
$232,984 FOR THE DESIGN, CONSTRUCTION AND
CONSTRUCTION ENGINEERING INSPECTION (CEI)
SERVICES FOR THE 49TH TERRACE SW SIDEWALK
IMPROVEMENT PROJECT AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENT (PROJECT #33507), FPN
NO. 435119-1-38/58/68-01
Item #16A5
RESOLUTION 2017-45: AUTHORIZING THE CHAIRMAN TO
EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPORTATION IN WHICH
March 28, 2017
Page 132
COLLIER COUNTY WOULD BE REIMBURSED UP TO $395,556
FOR THE DESIGN, CONSTRUCTION AND CONSTRUCTION
ENGINEERING INSPECTION (CEI) SERVICES OF BIKE LANES
ON CR 862 (VANDERBILT BEACH ROAD) AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENT (PROJECT #33503)
FPN NO. 435118-1-38/58/68-01
Item #16A6
RESOLUTION 2017-46: AUTHORIZING THE CHAIRMAN TO
EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION IN
WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO
$918,611 FOR THE DESIGN, CONSTRUCTION AND
CONSTRUCTION ENGINEERING INSPECTION (CEI)
SERVICES FOR THE GOODLETTE FRANK ROAD AND 111TH
AVENUE NORTH SIDEWALKS AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENT (PROJECT #33506) FPN
NO. 435117-1-38/58/68-01
Item #16A7
RESOLUTION 2017-47: AUTHORIZING THE CHAIRMAN TO
EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION IN
WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO
$734,057 FOR THE DESIGN, CONSTRUCTION AND
CONSTRUCTION ENGINEERING INSPECTION (CEI)
SERVICES FOR SIDEWALKS ON GOLDEN GATE PARKWAY
AND SANTA BARBARA BOULEVARD AND TO AUTHORIZE
THE NECESSARY BUDGET AMENDMENT (PROJECT #33504),
March 28, 2017
Page 133
FPN NO. 435116-1-38/58/68
Item #16A8
RESOLUTION 2017-48: AUTHORIZING THE CHAIRMAN TO
EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPORTATION IN WHICH
COLLIER COUNTY WOULD BE REIMBURSED UP TO $640,069
FOR THE DESIGN, CONSTRUCTION AND CONSTRUCTION
ENGINEERING INSPECTION (CEI) SERVICES FOR THE
SUNSHINE BOULEVARD FROM 17TH AVENUE SW TO
GREEN BOULEVARD SIDEWALK PROJECT, AND TO
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
(PROJECT #33505) FPN NO. 435030-1-38/58/68-01
Item #16A9
RESOLUTION 2017-49: AUTHORIZING THE CHAIRMAN TO
EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION IN
WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO
$334,874 FOR THE DESIGN, CONSTRUCTION AND
CONSTRUCTION ENGINEERING INSPECTION (CEI)
SERVICES FOR THE GOLDEN GATE SIDEWALKS AT
VARIOUS LOCATIONS PROJECT AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENT (PROJECT #33491), FPN
NO. 434990-1-38/58/68-01
Item #16A10
RECORDING THE FINAL PLAT OF THRIVE AT NAPLES,
March 28, 2017
Page 134
(APPLICATION NO PL20160002147), APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY – A PROJECT WITHIN THE
BRYNWOOD CPUD
Item #16A11
RESOLUTION 2017-50: AUTHORIZING THE COMMUNITY
AND HUMAN SERVICES TO SUBMIT A U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT COMMUNITY
DEVELOPMENT AN AFTER-THE-FACT CDGB BLOCK
GRANT APPLICATION IN THE AMOUNT OF $260,000, TO
FUND THE IMMOKALEE STORMWATER IMPROVEMENT
ACQUISITION PROJECT – IF AWARDED TRANSPORTATION
PLANNING WILL ADMINISTER THE APPLICATION PROCESS
AND REVIEW AND MONITOR THE PROGRAM;
RESOLUTION 2017-51: AUTHORIZING THE COMMUNITY
AND HUMAN SERVICES TO SUBMIT A U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT COMMUNITY
DEVELOPMENT AFTER-THE-FACT CDBG BLOCK GRANT
APPLICATION IN THE AMOUNT OF $160,444, TO FUND
THE PETER’S AVENUE SIDEWALK IMPROVEMENT AND
LIGHTING PROJECT – IF AWARDED THE STORMWATER
MANAGEMENT SECTION WILL MONITOR THE PROGRAM
Item #16A12
"PUBLIC OFFICER CONFLICTS OF INTEREST
CERTIFICATIONS" RELATED TO AGREEMENT #15-6471
WITH JOHNSON ENGINEERING, INC., FOR ENGINEERING &
March 28, 2017
Page 135
DESIGN SERVICES FOR THE FOLLLOWING TWELVE (12)
LOCAL AGENCY PROGRAM FUNDED PROJECTS – PROJECT
NOS. 4175405 - SR 29 FROM CR 846 (AIRPORT ROAD) TO N.
OF NEW MARKET ROAD N; 4175407 - SR 29 FROM FIRST
STREET TO NINTH STREET; 433175 - SR 82 (IMMOKALEE
ROAD) AT CR 850 (CORKSCREW ROAD); 433176 - PINE
RIDGE ROAD AT VARIOUS LOCATIONS; 433177 - CR 886
(GOLDEN GATE) AT LIVINGSTON; 434990 - GOLDEN GATE
VARIOUS LOCATIONS SIDEWALK; 435029 - US 41 FROM CR
846 (111TH AVENUE) TO N. OF 91ST AVENUE; 435030 -
SUNSHINE BOULEVARD FROM 17TH AVENUE SW TO
GREEN BOULEVARD; 435116 - GOLDEN GATE COLLECTOR
SIDEWALKS VARIOUS LOCATIONS; 435117 - NORTH
NAPLES SIDEWALKS AT VARIOUS LOCATIONS; 435118 -
CR 862 (VANDERBILT BEACH ROAD) FROM CR 901 TO GULF
PAVILION DRIVE; 435119 - 49TH TERRACE SW FROM 20TH
PLACE SW TO 19TH PLACE SW
Item #16A13
CHANGE ORDER NO. 1 WITH THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP) AGREEMENT NO.
LP11030 BETWEEN THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS (BCC) AND THE STATE OF
FLORIDA DEP TO MODIFY THE NAME OF THE DEP’S
GRANT MANAGER – UPDATING THE GRANT MANAGERS
NAME FOR PHASE II OF A PROJECT FOR CONSTRUCTION
OF THE NAPLES PARK AREA/BASIN INFRASTRUCTURE
OPTIMIZATION FOR STORMWATER, WATER AND
WASTEWATER, INCLUDING IMPROVEMENTS ALONG 95TH
AVE N. AND 96TH AVE N.
March 28, 2017
Page 136
Item #16A14
CHANGE ORDER NO. 1 TO THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP) AGREEMENT NO.
NO. S0859, BETWEEN THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS (BOARD) AND THE STATE OF
FLORIDA DEP TO MODIFY THE NAME OF THE DEP’S
GRANT MANAGER – UPDATING THE GRANT MANAGERS
NAME FOR PHASE I OF A PROJECT FOR CONSTRUCTION OF
THE NAPLES PARK AREA/BASIN INFRASTRUCTURE
OPTIMIZATION FOR STORMWATER, WATER AND
WASTEWATER, INCLUDING IMPROVEMENTS ALONG
110TH AVE N. AND 107TH AVE N. ALONG 95TH AVE N. AND
96TH AVE N.
Item #16A15 – Additional information provided (Per Agenda Change
Sheet)
RESOLUTION 2017-52: AMENDING ORDINANCE NO. 2004-66,
AS AMENDED, THAT CREATED AN ADMINISTRATIVE
CODE FOR COLLIER COUNTY, TO AMEND EXHIBIT “B,”
ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, BY
AMENDING CHAPTER THREE, QUASI-JUDICIAL
PROCEDURES WITH A PUBLIC HEARING, MORE
SPECIFICALLY TO ADD SECTION K, COMPATIBILITY
DESIGN REVIEW; AMENDING CHAPTER FOUR,
ADMINISTRATIVE PROCEDURES, MORE SPECIFICALLY TO
ADD SECTION M, STORMWATER PLAN, AND SECTION N,
INTENT TO CONVERT APPLICATION FOR GOLF COURSE
CONVERSIONS; AMENDING CHAPTER EIGHT, PUBLIC
March 28, 2017
Page 137
NOTICE, MORE SPECIFICALLY TO ADD SECTION F,
STAKEHOLDER OUTREACH MEETING FOR GOLF COURSE
CONVERSION (SOM); AMENDING CHAPTER 12,
ACRONYMS; AND AMENDING CHAPTER 13, GLOSSARY;
AND PROVIDING AN EFFECTIVE DATE. (THIS IS A
COMPANION TO AGENDA ITEMS #9A AND #16A3) – TO
IMPLEMENT NEW PROCESSES ESTABLISHED BY THE 2016
LAND DEVELOPMENT CODE (LDC) AMENDMENT CYCLE
Item #16A16
A BUDGET AMENDMENT IN THE AMOUNT OF $3,283,000
FROM FUND (112) RESERVES AND APPROPRIATING THESE
DOLLARS WITHIN THE FOLLOWING FUND (112) PROJECTS
TO CONTINUE IMPLEMENTATION OF THE MEDIAN
LANDSCAPE CAPITAL PROGRAM: IMMOKALEE ROAD -
COLLIER BLVD TO WILSON AND WILSON TO 43RD;
COLLIER BLVD. - US 41 TO MARINO CIRCLE AND MARINO
CIRCLE TO DAVIS AND GOLDEN GATE BLVD TO
IMMOKALEE ROAD; SANTA BARBARA - DAVIS BLVD. TO
BRIDGE NO. 030206NB, 030205SB AT I-75; AND THE SANTA
BARBARA EXTENSION - RATTLESNAKE TO DAVIS BLVD
Item #16A17
AWARD OF RFP #16-6663, “ROADWAY CONTRACTORS,”
WITH PREFERRED MATERIALS, INC., AJAX PAVING
INDUSTRIES OF FLORIDA, LLC, BONNESS, INC. AND
WRIGHT CONSTRUCTION GROUP – FOR AS-NEEDED ROAD,
INTERSECTION, TURN LANE, SIDEWALK, PATHWAY,
DRAINAGE AND ROADWAY INFRASTRUCTURE
March 28, 2017
Page 138
IMPROVEMENTS FOR MULTIPLE COUNTY DIVISIONS
Item #16B1
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY AND THE BOARD OF COUNTY COMMISSIONERS
REVIEW AND ACCEPT THE BAYSHORE GATEWAY
TRIANGLE AND IMMOKALEE CRA’S 2016 ANNUAL
REPORTS, AND PUBLISH PUBLIC NOTICE OF THE FILING
Item #16D1
A DONATION OF $2,219.92 TO THE CONSERVATION
COLLIER PROGRAM AS OFFSITE PRESERVATION FOR THE
COMCAST DATA FACILITY (PL-20140002387) TO SATISFY A
NATIVE VEGETATION RETENTION REQUIREMENT – THE
DONOR, CABLE HOLDCO II INC., IS REQUESTING AN
INSUBSTANTIAL CHANGE TO THE ORIGINAL SDP (00-95)
TO ADD A NEW DATA CENTER SHED ON A 1.14-ACRE
PARCEL WITHIN THE RURAL AREA
Item #16D2
EXECUTION OF THE FEDERAL TRANSIT ADMINISTRATION
(FTA) 49 U.S.C 5307 FY16 GRANT AWARD IN THE AMOUNT
OF $2,743,559 THROUGH THE TRANSIT AWARD
MANAGEMENT SYSTEM (TRAMS) – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D3
March 28, 2017
Page 139
RESOLUTION 2017-53: ESTABLISHING AN HOURLY RATE
FOR CHARTER SERVICE THAT WILL ALLOW COLLIER
AREA TRANSIT TO COMPLY WITH THE FEDERAL TRANSIT
ADMINISTRATION CHARTER GUIDELINES – A RATE THAT
WILL BE REVIEWED AND ADJUSTED ANNUALLY IN
COORDINATION WITH THE OFFICE OF MANAGEMENT AND
BUDGET
Item #16D4
AFTER-THE-FACT VICTIMS ADVOCACY ORGANIZATION
DEPARTMENT OF JUSTICE (DOJ) DRUG COURT
DISCRETIONARY GRANT APPLICATION IN THE AMOUNT
OF $572,527 – A GRANT DISPERSED OVER A 3-YEAR PERIOD
OF TIME THAT INVOLVES ADULTS, 18 YEARS AND OLDER,
WHO MIRROR ARRESTEE POPULATION DEMOGRAPHICS,
HAVE BEEN CHARGED WITH NON-VIOLENT DRUG
RELATED FELONY OFFENSE(S), ARE SUBSTANCE
DEPENDENT AND ARE AT RISK OF FAILING LESS
INTENSIVE REHABILITATION PROGRAMS
Item #16D5
AWARD ITB #17-7053 VENDING MACHINE SERVICES, TO
COMPLETE VENDING INC. – TO PROVIDE, INSTALL, AND
OPERATE VENDING MACHINES AT COUNTY FACILITIES
AND PARKS – COMPLETE VENDING INC. OFFERS THE
HIGHEST COMMISSION, IS A LOCAL COMPANY AND IS
CURRENTLY UNDER CONTRACT WITH THE COUNTY
Item #16D6
March 28, 2017
Page 140
AN “AFTER-THE-FACT” AMENDMENT, ATTESTATION
STATEMENT AND BUDGET AMENDMENT FOR THE OLDER
AMERICANS ACT PROGRAM TITLE III FROM AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. TO
REFLECT FINAL FY16 GRANT FUNDING. (NET FISCAL
IMPACT: $85,000.93 IN PROGRAM FUNDS AND LOCAL
MATCH FUNDS OF $9,444.76) – AMENDMENT NO. 8 TO
CONTRACT #OAA 203.16
Item #16D7
ACKNOWLEDGING APRIL 21, 2017, AS “TRY TRANSIT DAY”
AND OFFERING COMPLIMENTARY RIDES ON THAT DAY
Item #16D8
FOUR MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE COMBINED AMOUNT OF $46,740 – REPAYMENTS ARE
CONSIDERED PROGRAM INCOME AND MAY BE REUSED
FOR ELIGIBLE SHIP ACTIVITIES
Item #16D9
A SATISFACTION OF MORTGAGE FOR A FIRST TIME HOME
BUYER OF AN AFFORDABLE HOUSING UNIT THAT HAS
SATISFIED THE TERMS OF ASSISTANCE FOR THE COLLIER
COUNTY NEIGHBORHOOD STABILIZATION PROGRAM AND
AUTHORIZE A BUDGET AMENDMENT RECOGNIZING THE
PROGRAM INCOME – FOR PROPERTY AT 2224 50TH
March 28, 2017
Page 141
TERRACE SW RECOGNIZING $38,610.00 IN INCOME
Item #16D10
EXPENDINNG $4,590, IN TOURIST DEVELOPMENT TAX
CATEGORY “A” BEACH PARK FACILITY FUNDS USING
CONTRACT #13-6164, WITH Q. GRADY MINOR AND
ASSOCIATES, P.A., FOR “PROFESSIONAL SERVICES FOR
ENGINEERS AND ARCHITECTS” – TO PROVIDE AN
ENGINEERING REPORT FOR DRAINAGE IMPROVEMENTS
AT THE BAREFOOT BEACH NORTH ACCESS PARKING LOT
Item #16D11
EXPENDITURE OF TOURIST DEVELOPMENT TAX FUNDS
FOR CATEGORY “A” BEACH PARK FACILITIES USING
CONTRACT #13-6164, “PROFESSIONAL SERVICES FOR
ENGINEERS AND ARCHITECTS” IN THE AMOUNT OF
$10,468, WITH BRIDGING SOLUTIONS, LLC, FOR A
BOARDWALK INSPECTION AT CLAM PASS PARK AND
FINDING THE EXPENDITURE PROMOTES TOURISM –
TO INSPECT THE BOARDWALK DECK AND HANDRAIL
SYSTEM AT CLAM PASS PARK
Item #16D12
AN EXPENDITURE OF TOURIST DEVELOPMENT TAX
FUNDS FOR CATEGORY “A” BEACH PARK FACILITIES
USING CONTRACT #13-6164, “PROFESSIONAL SERVICES
FOR ENGINEERS AND ARCHITECTS” IN THE AMOUNT OF
$13,040, WITH BRIDGING SOLUTIONS, LLC FOR A
March 28, 2017
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BOARDWALK INSPECTION AT BAREFOOT BEACH
PRESERVE PARK AND FINDING THIS EXPENDITURE
PROMOTES TOURISM – TO INSPECT THE BOARDWALK
AND THE BATHHOUSE STRUCTURE AT THE PRESERVE
Item #16D13
AN “AFTER-THE-FACT” AMENDMENT TO THE NUTRITION
SERVICES INCENTIVE PROGRAM, ATTESTATION
STATEMENT AND BUDGET AMENDMENT FROM AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR
THE SERVICES FOR SENIORS PROGRAM (NET FISCAL
IMPACT $3,744.65) – AMENDMENT #2 TO CONTRACT NO.
NSIP 203.16
Item #16E1
THE PURCHASE OF PROPERTY INSURANCE EFFECTIVE
APRIL 1, 2017 IN THE ESTIMATED AMOUNT OF $2,330,299,
A REDUCTION OF $77,500 – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E2 – Moved to Item #11F (Per Agenda Change Sheet)
Item #16E3
AWARDING INVITATION TO BID #17-7087 “RE-
ROOFING COLLIER COUNTY’S MUSEUM MAIN BUILDING”
TO TARGET ROOFING & SHEET METAL, INC. IN THE
AMOUNT OF $114,208 AND AUTHORIZING THE CHAIR TO
EXECUTE THE CONTRACT – TO REPLACE THE ROOF AT
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THE COUNTY MUSEUM’S MAIN BUILDING
Item #16E4
RESOLUTION 2017-54: AUTHORIZING THE CHAIRPERSON
TO EXECUTE DEED CERTIFICATES FOR THE SALE OF
BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS
CEMETERY DURING THE 2017 CALENDAR YEAR, ON
BEHALF OF ADMINISTRATIVE SERVICES
Item #16E5
AWARDING INVITATION TO BID #17-7093 “BUILDING 'F'
ROOF REPLACEMENT” TO CROWTHER ROOFING & SHEET
METAL FL, INC. IN THE AMOUNT OF $360,400 – CROWTHER
HAS SUCCESSFULLY PERFORMED THE MAJORITY OF
COUNTY ROOF REPLACEMENTS OVER THE LAST 10 YEARS
AND HAS PERFORMED REPAIRS AND WORK ON THIS
PARTICULAR ROOF
Item #16E6
AN ADMINISTRATIVE REPORT PREPARED BY
PROCUREMENT SERVICES FOR DISPOSAL OF PROPERTY
AND NOTIFICATION OF ITEMS AVAILABLE FOR SURPLUS
Item #16E7
THE SALE AND DISPOSAL OF SURPLUS ASSETS PER
RESOLUTION 2013-095 FOR THE SALE OF COLLIER COUNTY
SURPLUS PROPERTY ON APRIL 29, 2017; APPROVE THE
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Page 144
ADDITION OF SURPLUS ITEMS RECEIVED SUBSEQUENT TO
THE APPROVAL OF THIS AGENDA ITEM FOR SALE IN THE
AUCTION; RATIFY THE NAPLES AIRPORT SPECIAL EVENT
AGREEMENT FOR THE EVENT; AND AUTHORIZE THE
COUNTY MANAGER OR DESIGNEE TO SIGN FOR THE
TRANSFER OF VEHICLE TITLES
Item #16E8
ADMINISTRATIVE REPORTS PREPARED BY PROCUREMENT
SERVICES FOR CHANGE ORDERS AND OTHER ITEMS AS
IDENTIFIED – THE NET TOTAL WAS $562,305.00 FOR FOUR
(4) CHANGES TO CONTRACTS AND NO TIMES WAS ADDED
Item #16E9
AWARD RFP #16-6596, SAFETY, SECURITY AND ACCESS
INFRASTRUCTURE PROGRAMS AND EQUIPMENT FOR
COUNTYWIDE USE TO JOHNSON CONTROLS, INC. AND TO
COMMERCIAL ELECTRICAL SYSTEMS COMPANY AND
AUTHORIZE THE CHAIR TO SIGN THE NECESSARY
AGREEMENTS AND ADMINISTRATIVE REPORTS PREPARED
BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE
ORDERS AND OTHER ITEMS AS IDENTIFIED – TO
MAINTAIN AND SUPPORT THE COUNTY’S SAFETY,
SECURITY AND ACCESS THAT INCLUDES, BUT IS NOT
LIMITED TO, BURGLAR/INTRUSION SYSTEMS, AIR
QUALITY MONITORING SERVICES AND EQUIPMENT, X-
RAY MACHINES AND MAGNETOMETERS, MASS
NOTIFICATION SYSTEMS, AND POWER MONITORING
DEVICES AND INFRASTRUCTURE PROGRAMS TO PROTECT
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COUNTY VISITORS, EMPLOYEES AND ASSETS
Item #16E10
RECOGNIZE AND APPROPRIATE CARRY FORWARD TO
FUND THE PURCHASE OF P25 COMPLIANT RADIOS FOR
EMERGENCY MEDICAL SERVICES IN THE AMOUNT OF
$460,000 – TO PURCHASE P25 COMPLIANT RADIOS,
REPLACING EQUIPMENT THAT HAS BECOME OBSOLETE
Item #16E11
RESOLUTION 2017-55: A LEASE AGREEMENT WITH
CONGRESSMAN MARIO DIAZ-BALART FOR USE OF
COUNTY-OWNED OFFICE SPACE – LOCATED WITHIN THE
GOLDEN GATE SERVICE CENTER AT 4715 GOLDEN GATE
PARKWAY
Item #16F1
AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE
TO PREPARE AND SUBMIT APPLICATIONS TO RENEW
SERVICE MARKS WITH THE UNITED STATES PATENT &
TRADEMARK OFFICE AND STATE OF FLORIDA DIVISION
OF CORPORATIONS TO PRESERVE COUNTY ADVERTISING,
LOGOS, PHRASES AND SLOGANS, AND MAKE A FINDING
THIS EXPENDITURE PROMOTES TOURISM – RENEWS THE
FEDERAL SERVICE MARK PROTECTION FOR 10-YEARS
AND A COST OF $400.00 PER DECLARATION AND RENEWAL
APPLICATION
March 28, 2017
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Item #16G1 – Continued to the April 11, 2017 BCC Meeting (Per
Agenda Change Sheet)
RECOMMENDATION TO APPROVE STAFF’S RANKING OF
AVIATION SERVICE PROVIDERS FOR VACANT COUNTER
SPACE AT MARCO ISLAND EXECUTIVE AIRPORT AND
DIRECT STAFF TO PURSUE A COLLIER COUNTY AIRPORT
AUTHORITY STANDARD FORM LEASE AGREEMENT WITH
ISLAND AIR CHARTERS, INC.
Item #16I1
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 28, 2017
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
I) Ave Maria Stewardship Community District:
FY16/17 Regular Meeting Schedule
2) Cedar Hammock Community Development District:
Meeting Agenda 11/14/2016: Meeting Agenda 12/05/2016 (Continued from
the 11/14/2016 Meeting)
Meeting Minutes 11/14/2016; Meeting Minutes 12/05/2016 (Continued from
the 11/14/2016 Meeting)
3) Heritage Bay Community Development District:
Meeting Agenda 10/06/2016; Meeting Agenda 11/01/2016
Meeting Minutes 10/06/2016; Meeting Minutes 11/01/2016
4) Quarry Community Development District:
FY16/17 Regular Meeting Schedule
5) Verona Walk Community Development District:
FY16/17 Regular Meeting Schedule
6) Winding Cypress Community Development District:
FY16/17 Regular Meeting Schedule
B. OTH%R:
I) Annual Code Enforcement Notice
2) Housing Authority:
Housing Authority's Public Meeting Schedule; Public Facilities Report;
Copy of FY16 Audit
3) Karen Drive Stormwater Improvements:
Legal Notice ITB #17-7067
March 28, 2017
Page 147
Item #16J1
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 MARCH 22, 2017
Item #16J2
RECORDING IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN MARCH 2 AND MARCH 15,
2017 PURSUANT TO FLORIDA STATUTE 136.06.
Item #16K1
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $17,000 FOR THE TAKING OF PARCEL 239RDUE
REQUIRED FOR GOLDEN GATE BOULEVARD PROJECT NO.
60040 (WEST OF 16TH ST. E. TO 18TH ST. E.), IN A PENDING
CASE STYLED COLLIER COUNTY V. OCTAVIO M. ALFONSO,
ET AL., CASE NO. 15-CA-0230 (FISCAL IMPACT: $15,290)
Item #16K2
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $7,000 FOR THE TAKING OF PARCEL 347RDUE
REQUIRED FOR THE GOLDEN GATE BLVD. PROJECT NO.
March 28, 2017
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60145 (FROM 20TH ST. E. TO EAST OF EVERGLADES BLVD.),
IN A PENDING CASE STYLED COLLIER COUNTY V. WILLIAM
J. ZAVASKY, JR., ET AL., CASE NO. 16-CA-1272 (FISCAL
IMPACT: $1,070)
Item #16K3
A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT
OF $32,500 FOR THE TAKING OF PARCEL 237RDUE
REQUIRED FOR GOLDEN GATE BOULEVARD PROJECT NO.
60040 (WEST OF 16TH ST. E. TO 18TH ST. E.), IN A PENDING
CASE STYLED COLLIER COUNTY V. OCTAVIO M. ALFONSO,
ET AL., CASE NO. 15-CA-0230. (FISCAL IMPACT: $27,115)
Item #16K4
RESOLUTION 2017-56: APPOINTING SHEILA K. DIMARCO
(MSTU DISTRICT 4 RESIDENT) TO THE BAYSHORE
BEAUTIFICATION MSTU ADVISORY COMMITTEE TO FILL
THE REMAINDER OF A TERM EXPIRING MARCH 3, 2020
Item #16K5
RESOLUTION 2017-57: APPOINTING ALTERNATE
HERMINIO ORTEGA (DISTRICT 5 BUSINESS OWNER) TO
THE CODE ENFORCEMENT BOARD FOR A 3-YEAR TERM
EXPIRING FEBRUARY 14, 2020
Item #16K6
RESOLUTION 2017-58: REAPPOINTING CHRISTOPHER G.
March 28, 2017
Page 149
GAVRELIS (LARGE EMPLOYER REPRESENTATIVE) TO THE
PUBLIC TRANSIT ADVISORY COMMITTEE TO A 3-YEAR
TERM EXPIRING MARCH 22, 2020
Item #16K7
RESOLUTION 2017-59: REAPPOINTING JOSEPH CHICUREL,
KENNETH DAWSON, THOMAS F. CRAVENS, SCOTT
STRECKENBEIN AND DAVID C. NORDHOFF TO THE
PELICAN BAY SERVICES DIVISION BOARD TO TERMS
EXPIRING MARCH 31, 2021
Item #16K8
RESOLUTION 2017-60: APPOINTING EDWIN FRYER
(DISTRICT 4 REPRESENTATIVE) TO THE COLLIER COUNTY
PLANNING COMMISSION TO FILL A VACANT SEAT
EXPIRING OCTOBER 1, 2020
Item #16K9
A MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT
OF $98,000 AS FULL COMPENSATION FOR THE TAKING OF
PARCELS 216RDUE, 218RDUE, AND 220RDUE IN THE
PENDING CASE STYLED COLLIER COUNTY V. EVA
BALDRICH, ET AL, CASE NO. 14-CA-2701, REQUIRED FOR
GOLDEN GATE BOULEVARD EXPANSION PROJECT NO.
60040. (FISCAL IMPACT: $87,470)
Item #16K10
March 28, 2017
Page 150
A PROPOSED 2-YEAR EXTENSION TO THE EMPLOYMENT
AGREEMENT FOR MARK STRAIN, HEARING EXAMINER –
EXTENDING THE AGREEMENT TO SEPTEMBER 30, 2019
UNDER THE SAME TERMS AND CONDITIONS AS THE
ORIGINAL AGREEMENT
Item #16K11
A SETTLEMENT AGREEMENT AND MUTUAL RELEASE IN
THE AMOUNT OF $10,000, IN THE LAWSUIT STYLED PHILIP
P. JIMENEZ V. COLLIER COUNTY (CASE NO. 16-CA-1014), NOW
PENDING IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,
FLORIDA. (PREMISE LIABILITY CASE INVOLVING A TRIP
AND FALL INJURY, FISCAL IMPACT $10,000)
Item #17A
THIS ITEM IS BEING CONTINUED TO THE MAY 23, 2017 BCC
MEETING. PETITION VAC-PL20150002788 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND PUBLIC
INTEREST IN 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,
March 28, 2017
Page 151
COLLIER COUNTY, FLORIDA. (COMPANION TO ITEM #8A)
Item #17B
ORDINANCE 2017-09: AMENDING ORDINANCE NO. 2006-56,
THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE
TAXING UNIT (MSTU), TO DISBAND THE 3-PERSON ROCK
ROAD IMPROVEMENT MSTU ADVISORY COMMITTEE
Item #17C
RESOLUTION 2017-61: PETITION VAC-PL20160001099 TO
DISCLAIM, RENOUNCE AND VACATE COUNTY AND
PUBLIC INTEREST IN THE LAKE MAINTENANCE AND
DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORD
BOOK 3989, PAGE 4175 AND A PORTION OF THE DRAINAGE
EASEMENT AS DESCRIBED IN OFFICIAL RECORD BOOK
4373, PAGE 3774 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED
NORTH OF THE INTERSECTION OF OIL WELL ROAD AND
HAWTHORN ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (THIS IS A
COMPANION TO AGENDA ITEM #16A1 (FINAL PLAT OF
RANCH AT ORANGE BLOSSOM PHASE 2A) AND BOTH
ITEMS MUST BE APPROVED OR DENIED
Item #17D
RESOLUTION 2017-62: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2016-17
March 28, 2017
ADOPTED BUDGET
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:40 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECI L ISTRICTS UNDER ITS CONTROL
PENNY T i,'LOR, J111 AIRMAN
AT ' g
I WT3I E .BROCK, CLERK
3.1$'
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Aft 74111fiauma
signature only.
These minutes approved by the Board on LOS-1
asp resented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
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